IE:-i^---
flmntoiitoeHlllj of Pnssncljiisttt
ACTS
RESOLVES
PASSED BY THE
^enn"iil Cniirt 0f lilassadjiisttls,
IN THE YEAR
I860
TOGETHER WITH
THE CONSTITUTION, THE MESSAGES OF THE GOV-
ERNOR, LIST OF THE CIVIL GOVERNMENT,
CHANGES OF NAMES OF PERSONS,
ETC., ETC., ETC.
PUBLISHED BY THE
SECRETARY OF THE COMMONWEALTH.
BOSTON:
WILLIAM WHITE, PRINTER TO THE STATE.
1860.
A CONSTITUTION
OR
FORM OF GOYERNMENT
FOR THE
PREAMBLE.
The end of the institution, maintenance and administra- objects of gor-
tion of government, is to secure the existence of the body
politic, to protect it, and to furnish the individuals who
compose it, with the power of enjoying, in safety and tran-
quillity, their natural rights, and the blessings of life : and
whenever these great objects are not obtained, the people
have a right to alter the government, and to take measures
necessary for their safety, prosperity and happiness.
The body politic is formed by a voluntary association of Bodypoutic, how
individuals: it is a social compact, by which the whole peo- its nature.
pie covenants with each citizen, and each citizen with the
whole people, that all shall be governed by certain laws for
the common good. It is the duty of the people, therefore,
in framing a constitution of government, to provide for an
equitable mode of making laws, as well as for an impartial
interpretation, and a faithful execution of them ; that every
man may, at all times, find his security in them.
We, therefore, the people of Massachusetts, acknowledg-
ing, with grateful hearts, the goodness of the great Legislator
of the universe, in affording us, in the course of his provi-
dence, an opportunity, deliberately and peaceably, witliout
fraud, violence or surprise, of entering into an original,
explicit and solemn compact with each other ; and of forming
IV CONSTITUTION.
a new constitution of civil government for ourselves and
posterity ; and devoutly imploring His direction in so inter-
esting a design, do agree upon, ordain and establish, the
following Declaration of Rights and Frame of Govern-
ment, as the Constitution of tlie Commonwealth of Massa-
chusetts.
PART THE FIRST.
A Declaration of the Rights of the Inhabitants of the
Commonivealtli 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.
Eight and duty H. It is the right as well as the duty of all men in society,
^o^rship!'^* '^'°"^ publicly, and at stated seasons, to worship the Supreme
Being, the great Creator and Preserver of the universe.
Protection there- Aud uo subjcct sliall bc liurt, molcstcd or restrained, in his
'°- person, liberty or estate, for worshipping God in the manner
and season most agreeable to the dictates of his own con-
science ; or for his religious profession or sentiments ; pro-
vided he doth not disturb the public peace, or obstruct others
in their religious worship.
Amendment, Art [HI. As the happlucss of a pcoplc, aud the good order
foJ'this.'''"^"'"'^'^ 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 worsliip of God, and of public instruc-
Legisiature em- tious iu picty, rcligiou and morality : Therefore, to promote
peiTrovisi'on°for their liappiucss, aud to secure the good order and preserva-
pubuc worship ; ^Jq^^^ ^f tlicir government, the people of this Commonwealth
have a right to invest tlieir legislature with power to authorize
and require, and tlie 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
maintenance of public Protestant teachers of piety, religion
CONSTITUTION. v
and morality, in all cases where such provision shall not be
made voluntarily.
And the people of this Commonwealth have also a right ami to enjoin at-
to, and do, invest their legislature with authority to enjoin on" ''"'^''
upon all the subjects an attendance upon the instructions of
the public teachers aforesaid, at stated times and seasons, if
there be any on whose instructions they can conscientiously
and conveniently attend.
Provided, notwithstanding, that the several towns, par- Exclusive right of
. ■■ . , J .1 1 ^- !•.• 1- • • N electing religious
isnes, precincts and other bodies politic, or religious societies, teachers 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, Taxes^ may'' be
if he require it, be uniformly applied to the support of the P'^^'i- "^less, &c.
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 support
of the teacher or teachers of the parish or precinct in which
the said moneys are raised.
And every denomination of Christians, demeaning them- ah denomina-
selves peaceably, and as good subjects of the Commonwealth, tected'!*^"*'''^^^'°
shall be ^equally under the protection of the law : and no subordination of
subordination of any one sect or denomination to another er prohibited""^
shall ever be established by law.]
IV. The people of this Commonwealth have the sole and Right of seif-gov-
exclusive right of governing themselves, as a free, sovereign
and independent State ; and do, and forever hereafter shall,
exercise and enjoy every powder, 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
A • ^ e ^\ 4.\ ^ • 4- 4- A m i- ''^^ officers, &c.
derived irom them, the several magistrates and othcers ot
government, vested with authority, whether legislative,
executive or judicial, are their substitutes and agents, and
are at all times accountable to them.
VI. No man, nor corporation or association of men, services rendered
have any other title to obtain advantages, or particular and ing the^'o" ly'^tiue
exclusive privileges, distinct from those of the community, feges,'"hired^itrry
than what arises from the consideration of services rendered offices are absurd
, ,,. ii'-ii- • -1 1 T and unnatural.
to the public ; and this title being in nature neither heredi-
tary, nor transmissible to children or descendants, or rela-
tions by blood, the idea of a man born a magistrate, lawgiver
or judge, is absurd and unnatural.
VI CONSTITUTION.
Objects of gov- YII. Government is instituted for the common good;
ofpTo^ie'to'fn-' for the protection, safety, prosperity and happiness of the
chlngeit. ^"'' people ; and not for the profit, honor or private interest of
any one man, family or class of men : Therefore the people
alone have an incontestable, unalienable and indefeasible
right to institute government; and to reform, alter or totally
change the same, when their protection, safety, prosperity
and happiness require it.
Right of people VIII. In ordcr to prevent those who are vested with
to secure rotation ^i • j ^ i • j i i i
inofisce. authority, irom becoming oppressors, the people have a
right, at such periods and in such manner as they sliall
establish by their frame of government, to cause their public
officers to return to private life ; and to fill up vacant places
by certain and regular elections and appointments.
All, having IX. All clcctions ouglit to bc free ; and all the inhabi-
prescrTbecVquTi- taiits of tliis Commoiiwealtli, having such qualifications as
fi^ce*^''^'^^*^ '° ''^' 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 pro-
con°trtbution cor- tcctcd by it ill the eiijoymeiit of his life, liberty and property,
relative. accordiiig to Standing laws. He is obliged, consequently.
Taxation founded to coiitributc liis sliarc to tlic expeiisc of this protection ; to
on consent. ^-^.^ l^lg pcrsoiial scrvicc, or an equivalent, when necessary:
but no part of the property of any individual, can, with
justice, be taken from him, or applied to public uses, with-
- out his own consent, or that of the representative body of
the people. In fine, the people of this Commonwealth are
not controllable by any other laws than those to which their
constitutional representative body have given their consent.
Private property Aiid whcnevcr thc public exigencies require that the property
for public uses of any individual should be appropriated to public uses, he
wit out, c. giiall receive a reasonable compensation therefor.
Remedies by re- XI. EveiT subject of the Commoiiwealth ought to find
course to the law, .. nii- ,iir> n
to be free, com- a ccrtaiii remedy, by liavmg recourse to the laws, lor all
piete and prompt ily^J.ies gr wroiigs wliich hc may receive in his person,
property or character. He ought to obtain right and justice
freely, and without being obliged to purchase it ; com-
pletely, and without any denial ; promptly, and without
delay, conformably to the laws.
Prosecutions reg- XII. No subjcct shall be held to answer for any crimes
or otience, until the same is lully and plainly, substantially
and formally, described to him ; or be compelled to accuse,
or furjiish 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 Right to tmi by
subject any person to a capital or infamous punishment, Ses,e"xc"pt)&c.
excepting for the government of the army and navy, without
trial by jury.
XIII. In criminal prosecutions, the verification of facts, crimes to be
... 1 , '. P.I J.X proved in the
in the vicnnty wliere they happen, is one oi tlie greatest vicinity,
securities of the life, liberty and property of the citizen.
XIV. Every subject has a right to be secure from all ^,^f ^"[^^'Ye'g'^
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 Right to trial by
~ '^ , ^ '''... . jury sacred, ex-
suits between two or more persons, except in cases in whicii 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.
XA^I. The liberty of the press is essential to the security Liberty of the
of freedom in a state : it ought not, therefore, to be restrained
in this Commonwealth.
XVII. The people have a right to keep and to bear arms Right to keep and
p ^, If' A 1 • X- i:- • bear arms. Stand-
tor tlie common delence. And as, in time oi peace, armies lug armies dan-
are dangerous to liberty, they ought not to be maintained poweT' sibordf-
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- Morai quaiieca-
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
magistrates* ^^^ and magistrates, an exact and constant observance of them,
in the formation and execution of the laws necessary for the
good administration of the Commonwealth.
Right of people XIX. The pcoplc have a right, in an orderly and peace-
sentativef "^""anci ^hlc mauucr, to asscmblc to consult upon the common good;
petkion legisia- gjyg 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. Tlic powcr of suspcuding the laws, or the execution
tn6 Itiws or tiiGir ^ i cj '
execution. of the laws, ouglit never 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. The frccdom of deliberation, spccch and debate,
re'^as^on thereof, iu either liousc of the legislature, is so essential to the rights
of the people, that it cannot be the foundation ^f any accusa-
tion or prosecution, action or complaint, in any other court
or place whatsoever.
Frequent ses- XXII. The legislature ought frequently to assemble for
jectsthe'reor the rcdrcss of grievances, for correcting, strengthening and
confirming the laws, and for making new laws, as the com-
mon good may require.
Taxation found- XXIII. No subsidy, cliargc, tax, impost or duties, ought
ed on consent. ^^ ^^ established, fixcd, laid or levied, under any pretext
whatsoever, without the consent of the people, or their
representatives in the legislature.
Expostfacto\a.v/s XXIY. Laws made to punish for actions done before
'^''° ' '"^ ■ tlie existence of such laws, and which have not been declared
crimes by preceding laws, are unjust, oppressive and incon-
sistent with the fundamental principles of a free government.
Legislature not to XXV. No subjcct ouglit, ill aiiy casc, or in any time, to
sonr&c.*^^ *'^'^^" be declared guilty of treason or felony by the legislature.
Excessive bail or XXVI. No magistrate or court of law shall demand
punlshme'iitspro- cxccssive bail or sureties, impose excessive fines, or inflict
hibited. cruel or unusual punishments.
No soldier to be XXVII. Ill time of pcacc, no soldier ought to be quar-
housef'"^ unless^ tei'ed lu auy house without the consent of the owner; and
^°- in time of war, such quarters ought not to be made but by
the civil magistrate, in a manner ordained by the legislature.
Citizens exempt XXVIII. No pcrsoii caii ill any case be subjected to law-
uniess'^'&T.'^''"'' ' martial, or to any penalties or pains, by virtue of that law,
CONSTITUTION. ix
except those employed in the army or navy, and except the
militia in actual service, but by authority of the legislature.
XXIX. It is essential to the preservation of the rights Judges of su-
of every individual, his life, liberty, property and character, llmt. '''* '"*
that there be an impartial interpretation of the laws, and
administration of justice. It is the right of every citizen to
be tried by judges as free, impartial and independent as the
lot of humanity will admit. It is, therefore, not only the Tenure of their
best policy, but for the security of the rights of the people, °®'"''
and of every citizen, that the judges of 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-
o . ' . ecutive, jutticial,
legislative department shall never exercise the executive aud 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 Governme^it.
The people, inhabiting the territory formerly called the Titieof 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.
partuient.
Art. I. The department of legislation shall be formed Legislative de
by two branches, a benate and House oi Kepresentatives ;
each of which shall have a negative on the other.
X CONSTITUTION.
See amendments, TliG Icf^islativG bodj shall assemble every year, on the last
Wednesday in May, and at such other times as they shall
judge necessary ; and shall dissolve and be dissolved on the
day next preceding tlie said last Wednesday in May ; and
shall be styled, The General Court of Massachusetts.
Governor'3 Teto. H, No bill Or rcsolve of the senate or house of repre-
sentatives shall become a law, and have force as such, until
it shall have been laid before the governor for his revisal ;
and if he, upon such revision, approve thereof, he shall sig-
nify his approbation by signing the same. But if he have
any objection to the passing of such bill or resolve, he shall
return the same, together with his objections thereto, in
writing, to the senate or house of representatives, in which-
soever the same shall have originated, who shall enter the
objections sent down by the governor, at large, on their
records, and proceed to reconsider the said bill or resolve:
Bill may be pass- bj^^t if, after such reconsidcration, two-thirds of the said
ed by two-thirds , . in ■ i t i
of each house, scuatc or liousc 01 representatives, sliall, notwitiistandmg the
no wit s an ing. ^^^^ objcctious, agrco to pass the same, it shall, together
with the objections, be sent to the other branch of tlie legis-
lature, where it shall also be reconsidered, and if approved
by two-thirds of the members present, shall have the force of
a law : but in all such cases, the votes of both houses shall
be determined by yeas and nays ; and the names of the per-
sons voting for, or against, the said bill or resolve, shall be
entered upon the public records of the Commonwealth.
See amendments, And iu ordcr to prcvcut unncccssary delays, if any bill
or resolve shall not be returned by the governor within five
days after it shall have been presented, the same shall have
the force of a law.
General court III. Tho geiicral court shall forever have full power and
jIJdLator^s,' " *" authority to erect and constitute judicatories and courts of
courts of record, ^ecord, or Other courts, to be herld in the name of the Com-
monwealth, for the hearing, trying and determining of all
manner of crimes, oiFences, 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
Courts, &c., may be real, personal or mixed; and for the awarding and
administer oaths. ,. ij? j- i , i-i i
making out oi execution thereupon : to winch courts and
judicatories are hereby given and granted full power and
Authority, from time to time, to administer oaths or affirma-
tions, for the better discovery of truth in any matter in
controversy, or depending before them.
CONSTITUTION. xi
IV. And fiirtlier, full power and authority are hereby General court
given and granted to the said general court, from time to &c^/°^'" ^^'^''
time, to make, ordain and establish, all manner of whole-
some and reas()nal)le 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 repiignant to
tution, 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 the government thereof; and may provide for
to name and settle annually, or provide by fixed laws, tor apijointment 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 mijjtary officers of this Common- <^"f'*^®;
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 duties and es-
impose and levy reasonable duties and excises upon any "*'''''
pi'oduce, 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 [ectionr&c! ^'^°"
being, with the advice and consent of tlie council, for tlie
public service, in the necessary defence and support of the
government of the said Commonwealth, and the protection
and preservation of the subjects thereof, according to such
acts as are or shall be in force within the same.
And while the public charges of government, or any part valuation of es-
thereof, shall be assessed on polls and estates, in the manner yenre^^at "least"
that has hitherto been practiced, in order that such assess- '^^''®'^'''
ments may be made with equality, there shall be a valuation
of estates within the Commonwealth, taken anew once in
every ten years at least, and as much oftener as the general
court shall order.
XII CONSTITUTION.
CHAPTER I.
SECTION II.
Senate.
Senate, number Art. I. There sliall be annually elected, by the free-
eiected. ^ ^ °™ liolders uud other inhabitants of this Commonwealth, qual-
see amendments, ified as in tliis Constitution is provided, forty persons to be
Ar^ts. XIII. and councillors and senators, for the year ensuing their election ;
to be chosen l)y the inhabitants of the districts, into which
the Commonwealth may from time to time be divided by the
general court for that purpose: and the general court, in
assigning the numbers to be elected by the respective dis-
tricts, shall govern themselves by the proportion of the
public taxes paid by the said^districts ; and timely make
known, to the inhabitants of the Commonwealth, the limits
of each district, and the number of councillors and senators
to be chosen therein : provided, that the number of such
districts shall never be less than thirteen ; and that no dis-
trict be so large as to entitle the same to choose more than
six senators.
Counties to be Aud tliG scvcral counties in this Commonwealth shall,
^13 nc 3, nn 1 , ^^j^^Q ^j^g general court shall determine it necessary to alter
A7tr."xiiL''and ^^^® ^^^^ districts, be districts for the choice of councillors
XXII. and senators, (except that the counties of Dukes county
and Nantucket shall form one district for that purpose,)
and shall elect the following number for councillors and
senators, viz. : —
Suffolk,
Essex,
Middlesex,
Hampshire,
Plymouth,
Barnstable,
Bristol,
Manner and time H. The scnatc shall be tlic first branch of the legisla-
tors and councu- ture ; and the senators shall be chosen in the following
i"""^' , , manner, viz. : there shall be a meeting on the first Monday
See amendments, ' ii r> c ^ •
Arts.ii.,x.,xiv. Ill April, annually, forever, oi the inhabitants of each town
in the several counties of this Commonwealth, to be called
by the selectmen, and warned in due course of law, at least
seven days before the first Monday in April, for the purpose
See amendments, of clccting pcrsoiis to bc sciiators and councillors; and at
and^'xxiii. ' such meetings every male inhabitant of twenty-one years of
age and upwards, having a freehold estate, within the Com-
six.
York, . . . .
two
six.
Dukes Co. and Nantucket, .
one
five.
Worcester,
five
four.
Cumberland,
one
three.
Lincoln, . . . .
one
one.
Berkshire, . . . .
two
three.
CONSTITUTION. xiii
monwealtli, of the annual income of three ponnds, or any
estate of the value of sixty pounds, shall have a right to give
in his vote for the senators for the district of which he is an
inhabitant. And. to remove all doubts concerning the mean- word "inhab-
ing 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 ])lace within
this State, in that town, district or plantation, wliere he
dwellcth or hath his home.
The selectmen of the several towns shall preside at such seiectmeu to pre-
,. . ,• 11 T 1 11 • ii i £• n ii side at town meet-
meetmgs nnpartiaily, and sliall receive the votes or all the ings.
inhabitants of sucli towns, present and qualified to vote for
senators, and shall sort and count them in open town meet-
ing, and in presence of the town clerk, who shall make a Return of votes.
fair record, in presence of the selectmen, and in open town
meeting, of the name of every person voted for, and of the
number of votes against his name ; and a fair copy of this
record shall be attested by the selectmen and the town clerk,
and shall be sealed up, directed to the secretary of the
Commonwealth, for the time being, with a superscription
expressing the purport of the contents thereof, and delivered
by the town clerk of such towns, to the 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
. . ^ ., '■ 1111 unincorporated
ined as this constitution provides, who are or shall be plantations, who
empowered and required to assess taxes upon themselves mYyvote! ^^''^'
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 g"f^^g„jj^g„tg^
April, at such place in the plantations, respectively, as the Art. x.
assessors tiiereof shall direct ; which assessors shall have ^^^^^^^^^ '" ''°'
like authority for notifying the electors, collecting and
returning the votes, as the selectmen and town clerks have
in their several towns, by this constitution. And all other
persons living in places unincorporated, (qualified as afore-
said.) who shall 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 that purpose, accordingly.
Governor and III. And that tlicrc may be a due convention of senators
a^ine'and c'ount ou tlic last Wednesday in May, annually, the governor, with
lummonses.''^"* ^^^® ^^ ^^^'^ council, for the time being, shall, as soon as may
See amendments, be, esaminc tlic rctumcd copies of sucli records ; and four-
Art. x. |gg,j (jg^^^,g jjQfQj-g tijQ gj^m (jj^y^ ]^^Q s]^all issue his summons to
such persons as shall appear to be chosen by a majority of
voters, to attend on that day, and take their seats accord-
ingly : provided, nevertheless, that for the first year, the
said returned copies shall be examined by tlie president and
five of the council of the former constitution of government ;
and the said president shall, in like manner, issue his sum-
mons to the persons so elected, that they may take their
seats as aforesaid,
senate^^to be IV. The seuatc sliall be the final judge of the elections,
elections, &c., rctums and qualifications of their own members, as pointed
ontsownmem- ^^^ ^^^ ^^^^ constitutiou ; and shall, on th§ said last Wednes-
see amendments, day iu May, annually, determine and declare who are elected
aad^'xxiv. ' 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. : Tlic mcmbers of the house of representatives, and such
senators as shall be declared elected, shall take the names of
such persons as shall be found to have the highest number
of votes in such district, and not elected, amounting to twice
the number of senators wanting, if there be so many voted
for ; and out of these, shall elect by ballot a number of
senators sufficient to fill up the vacancies in such district ;
and in this manner all such vacancies shall be filled up in
every district of tlie 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 Y. Providcd, ncvertlieless, that no person shall be capa-
a senator. ' ' i *■
See amendments, blc of being elcctcd as a senator, who is not seized in his
xxii. ^ ' '^^^ own right of a freehold, within this Commonwealth, of the
value of three hundred pounds at least, or possessed of per-
sonal estate of the value of six hundred pounds at least, or
of both to the amount of the same sum, and who has not
been an 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-
•11 11* J. ^ i ^ J. J J. iourn more than
provided such adjournments do not exceed two days at a two days.
time.
VII. The senate shall clioose its own president, appoint shaii choose its
its own officers, and determine its own rules of proceedings. ?fj,'aJh its" ruitt
VIII. The senate shall be a court, with full authority to ^^aii tryaii im-
' •' peachmeuts.
hear and determine all impeachments made by the house of
representatives, against any officer or officers of the Com-
monwealth, for misconduct and mal-administration in their
offices : but, previous to the trial of every impeachment, the oath.
members of the senate shall, respectively, be sworn, truly
and impartially to try and determine the chai'ge in question,
according to evidence. Their judgment, however, shall not Limitation of
extend fnrther than to removal from office, and disqualifica- sentence.
tion to hold or enjoy any place of honor, trust or profit,
under this Commonwealth : but tlie party so convicted shall
be, nevertheless, liable to indictment, trial, judgment and
punishment, according to the laws of the land.
IX. Not less than sixteen members of the senate, shall Quorum.
constitute a quorum for doing business.
CHAPTER I.
SECTION III.
House of Representatives.
Art. I. There shall be, in the legislature of this Com- Representation of
monwealtli, a representation of the people, annually elected, "^^p^^opie-
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 i^y whom chosen.
of equality, every corporate town, containing one hundi-ed see amendments,
and fifty ratable polls, may elect one representative ; every and xxi.'
corporate town, containing three hundred and seventy-five
ratable polls, may elect two representatives ; every corporate
town, containing six hundred ratable polls, may elect three
representatives ; and proceeding in that manner, making two
hundred and twenty-five ratable polls the mean increasing
number for every additional representative.
Provided, nevertheless, that each town now incorporated, proviso as to
not having one hundred and fifty ratable polls, may elect [eJI^thariso
one representative ; but no place shall hereafter be incorpo- ratable pous.
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 hoiisG of representatives shall have power, from
fine in case, &c. ^-^^^^ ^^ time, to ImposG fiiies upoii such towns as shall neglect
to choose and return members to the same, agreeably to this
constitution.
Expense of trav- TliG cxpcnses of travelling to the general assembly, and
thegenerTicourt^ rctuming liome, once in every session, and no more, shall
how paid. \^Q paid by the government, out of the public treasury, to
every member who shall attend as seasonably as he can, in
the judgment of the house, and does not depart without
leave.
Qualifications of III. Evcry member of the house of representatives shall
LeXSmerts; t)e chosGii by written votes ; and, for one year at- least next
^'^d^xi"' ^^^^' pi'eceding his election, shall have been an inhabitant of, and
liave 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 IV. Evciy male person, being twenty-one years of age,
a voter. g^j^^ rcsideiit in any particular town in this Commonwealth,
See amendments, fop the spacc of ouG ycar ucxt preceding, having a freehold
and xxni." " cstatc 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
representatives for the said town.
Representatives, V. Tlic mcmbers of the house of representatives shall
when chosen. jjg choscu aniuiallv in the month of May, ten days at least
See amendments, , „,. •', -, •' ^ •'
Arts.x. andxv. bciore the last Wednesday oi that month.
House alone can VI. The liousc of representatives shall be the grand
impeach. inqucst of this Commonwealth; and all impeachments made
by them shall be heard and tried by the senate.
House to origi- VII. All moncy bills shall originate in tlie house of
^?j^-^^' '^°"^y representatives; but the senate may propose or concur with
amendments, as on other bills.
Not to adjourn VIII. Tlic liousc of representatives shall have power to
day?. *''^" ^^° adjourn themselves ; provided such adjournment shall not
exceed two days at a time.
Quorum. 1-^- ^^^t Icss than sixty members of the house of repre-
|«e amendments, gentativcs sliall coiistitutc a quoruui for doing business.
„ ' ' , . X. The house of representatives shall be the judge of
House to judereof . iir-- n • i
returns, &e., of tho rctums, clcctions and quahncations oi its own members,
to cho"o°eTs offi- as pointed out in the constitution; shall choose their own
uTrurel^feo^''*^ speaker, appoint their own officers, and settle the rules and
May punish for ordci's of procecdiug in their own house. They shall have
certain offences. . * . .^ , . . *^
authority to punisli by imprisonment, every person, not a
member, who shall be guilty of disrespect to the house, by
CONSTITUTION. xvii
any disorderly or contempUious behavior in its presence; or
who, in the town where the general court is sitting, and
dnring the time of its sitting, shall threaten harm to the
body or estate of any of its members, for any thing said or
done in the house ; or who shall assault any of them there-
for ; or who shall assault or arrest any witness, or other
person, ordered to attend the house, in his way in going or
returning ; or who shall rescue any person arrested by the
order of the house.
And no member of the house of representatives shall be Pririiegesof
arrested, or held to bail on mean process, during his going ^^
unto, returning from, or his attending, the general assembly.
XI. The senate shall have' the same powers in the like Governor and
1 ,1 1 -1 1 11 1 ii council may
cases ; and the governor and council shall have the same punish.
authority to punish in like cases: provided, that no impris- Generaiumita-
onment, on the warrant or order of the governor, council, t'""-
senate or house of representatives, for either of the above
described offences, be for a term exceeding thirty days.
And the senate'and house of representatives may try and Trial maybe by
J . ,, , J.1 • • 1 i. J • -1 committee, or
determine all cases where their rights and privileges are otherwise,
concerned, and which, by the constitution, they have author-
ity to try and determine, by committees of their own mem-
bers, or in such other way as they may, respectively, tliink
best.
CHAPTER 11.
EXECUTIVE POWER.
SECTION I.
Governor.
Art. I. There shall be a supreme executive magistrate. Governor.
who shall be styled — The Governor of the Commonwealth
OF Massachusetts ; and whose title shall be — His Excel- His title.
LENCY.
II. The governor shall be chosen annually ; and no per- to be chosen
son shall be eligilde to this office, unless, at the time of his Quaimcations.
election, he shall have been an inhabitant of this Common-
wealth for seven years next preceding; and unless he shall,
at the same time, be seized, in his own right, of a freehold,
within the Commonwealth, of the value of one thousand
pounds; and unless he shall declare himself to be of the see amendments,
Christian religion. Art. vii.
3
XVIII CONSTITUTION.
By whom chosen, IJI. TliosG DGrsons wlio sliall be qualified to vote for
if he have a ma- , • . . , . , , „
jority ot votes. sBiiators aiiQ representatives, within the several towns oi
See amendments, this Commonwealth, sliall, at a meeting to be called for that
and'xv'^''^^^' piii'pose, 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 sheritf 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 I'eturns 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, and publishcd ; but if no person shall have a majority of
has™ majority" 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 sover- IV. .Tlic govcmor sliall liavc authority, from time to
er°nor'^ and° co^un- tlmc, at lus discretiou, to asscmblc and call together the
*"^' councillors of this Commonwealth for the time being ; and
the governor, with the said councillors, or five of them, at
least, shall, and may, from time to time, hold and keep a
council, for the ordering and directing the affairs of the
Commonwealth, agreeably to the constitution and the laws
of the land.
Same subject. V. Tlic govcriior, witli advicc of council, shall have full
power and authority, during the session of the general court,
to adjourn or prorogue the same to any time the two houses
shall desire; and to dissolve the same on the day next pre-
see amendments, ceding tlic last Wcducsday ill May; and, in the recess of
Art. X. ^i^g gg^-^ 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 prorooued, if the welfare of the Commonwealth shall
require the same ; and in case of any infectious distemper
prevailing- in the place where the said court is next at any
time to convene, or any other cause happening, whereby
danger may arise to the health or lives of the members from
their attendance, he may direct the session to be held at
some other the most convenient place within the State.
And the governor shall dissolve the said general court on see amendments,
the day next preceding the last Wednesday in May.
VI. In cases of disagreement between the two houses, Governor and
with regard to the necessity, expediency, or time of adjourn- Jo°^rn'^the°gYnerai
ment or prorogation, the governor, with advice of the conn- &"'\ut norex-
cil, shall have a right to adjourn or prorogue the general ceeding ninety
court, not exceeding ninety days, as he shall determine the "^^^
public good shall require.
VII. The governor of this Commonwealth, for the time Governor to be
being, shall be the commander-in-chief of the army and liZt^"^ " "^
navy, and of all the military forces of tlie State, by sea and
land ; and shall have full power, by himself, or by any com-
mander, 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 encoimter, repel, resist, expel and pursue, by force
of arms, as well by sea as by land, within or without the
limits of this Commonwealth, and also to kill, slay and
destroy, if necessary, and conquer, by all fitting ways, enter-
prises and means whatsoever, all and every such person and
persons as shall, at any time hereafter, in a hostile manner,
attempt or enterprise the destruction, invasion, detriment,
or annoyance of this Commonwealth ; and to use and exer-
cise, over the army and navy, and over the militia in actual
service, the law martial, in time of war or invasion, and also
in time of rebellion, declared by the legislature to exist, as
occasion shall necessarily require; and to take and surprise,
by all ways and means whatsoever, all and every such person
or persons, with their ships, arms, ammunition and other
goods, as shall, in a hostile manner, invade or attempt the
invading, conquering, or annoying this Commonwealth ; and
that the governor be intrusted with all these and other
powers, incident to the offices of captain-general and com-
mander-in-chief, and admiral, to be exercised agreeably to
the rules and regulations of the constitution, and the laws
of the land, and not otherwise.
XX
CONSTITUTION.
Governor and
council may par-
don offences, ex-
cept, &c.
But not before
conviction.
All judicial offi-
cers, &c., how
nominated and
appointed.
See amendments,
Arts. XIV., XVII.
and XIX.
Militia officers,
how elected.
See amendments,
Art. V.
How commis-
sioned.
Major-generals,
how appointed
and commis-
sioned.
Vacancies, how
filled, in case,
&c.
Officers duly
commissioned,
how removed.
Provided, that the said governor shall not, at any time
hereafter, by virtue of any power by this constitution granted,
or hereafter to be granted to him by the legislature, trans-
port any of the inhabitants of this Commonwealth, or oblige
them to march out of the limits of the same, without their
free and voluntary consent, or the consent of the general
court ; except so far as may be necessary to march or trans-
port them by land or water, for the defence of such part of
the State to which they cannot otherwise conveniently have
access,
VIII. The power of pardoning offences, except such as
persons may be convicted of before the senate, by an impeach-
ment of the house, shall be in the governor, by and with the
advice of council ; but no charter of pardon, granted by
the governor, with advice of the council, before conviction,
shall avail the party pleading the same, notwithstanding any
general or particular expressions contained therein, descrip-
tive of the offence or offences intended to be pardoned.
IX. All judicial officers, the attorney-general, the solici-
tor-general, all sheriffs, coroners and registers of probate,
shall be nominated and appointed by the governor, by and
with the advice and consent of the council; and every such
nomination shall be made by the governor, and made at
least seven days prior to such appointment.
X. The captains and subalterns of the militia shall be
elected by the written votes of the train-band and alarm list
of their respective companies, of twenty-one years of age
and upwards ; the field officers of regiments shall be elected
by the written votes of the captains and subalterns of their
respective regiments ; the brigadiers shall be elected, in like
manner, by the field officers of their respective brigades ;
and such officers, so elected, shall be commissioned by the
governor, who shall determine their rank.
The legislature shall, by standing laws, direct the time
and manner of convening the electors, and of collecting
votes, and of certifying to the governor the officers elected.
The major-generals shall be appointed by the senate and
house of representatives, each having a negative upon the
other ; and be commissioned by the governor.
And if the electors of brigadiers, field officers, captains
or subalterns, shall neglect or refuse to make such elections,
after being duly notified, according to the laws for the time
being, then the governor, with advice of council, shall appoint
suitable persons to fill such offices.
And no officer, duly commissioned to command in the
militia, shall be removed from his office, but by the address
CONSTITUTION. 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- ^^o^^ =^PPO'°'ed.
majors; and the major-generals their aids; and the governor
shall appoint the adjutant-general.
The governor, with advice of council, shall appoint all
officers of the continental army, whom by the confederation
of the United States it is provided that this Commonwealth
shall at)point, — as also all officers of forts and garrisons.
The divisions of the militia into brigades, regiments and Organization of
1 . c J.^ •^•J.• i • militia.
companies, made m pursuance oi the militia laws now ui
force, shall be considered as the proper divisions of the
militia of this Commonwealth, until the same shall be
altered in pursuance of some future law.
XI. No moneys shall be issued out of the treasury of Money, how
this Commonwealth and disposed of (except such sums as treZuvy^^eiicept,
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 super- ah puwic boards,
intending officers of public magazines and stores, belonging quarterly returns
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 sucli 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- XIII. As the public good requires that the governor
sliould not be under the undue influence of any of the mem-
bers of the general court, by a dependence on them for his
support — that he should, in all cases, act with freedom for
the benefit of tlie public — that he should not have his atten-
tion necessarily diverted from that ol)ject 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.
Salaries of jus- Permanent and honorable salaries shall also be established
judicial c"urt!"'*' by law for the justiccs of the supreme judicial court.
Salaries to be en- Aud if it sliall bc fouiid that auy of the salaries aforesaid,
S' '^'°'"®" so established, are insufficient, they siiall, from time to time,
be enlarged, as the general court shall judge proper.
CHAPTER II.
SECTION II.
Lieutenant-Governor .
Lieutenant-gov- Art. I. Thcrc sliall bc aunually elected a lieutenant-
an^d"^ ' quaiifica^- govcmor of the Commoiiwealth of Massachusetts, whose title
''""'• shall be — His Honor; and who shall be qualified, in point
See amendments, gf relioiou, Dropertv, and residence in the Commonwealth,
Arts, in., \ I., X. ^''^^•^'.,, 111 J
andxv. \\\ tlic samc manner with the governor; and tlie day and
manner of his election, and the qualifications of the electors,
shall be the same as are requi-red in the election of a gov-
How chosen. cmor. The return of the votes for this officer, and the
declaration of his election, shall lie 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.
President of \\, Tlic govcmor, aud in his absence the lieutenant-
governor, shall be president of the council, but shall have
L'eutenant-gov- uo votc iu couiicil; aiid tlic lieutcnaii t-govcmor shall always
of°exc''ertr&c" ^6 a member of the council, except when the chair of the
governor shall be vacant.
CONSTITUTION. XXIII
III. Whenever the chair of the o'overnor shall be vacant, Lieutenant-gov-
, „ , . , , , . 1 r~i II eriior to be act-
by reason oi Ins deatli, or absence irom the CJomnionwealtli, ing governor, in
or otherwise, the lieutenant-governor, for the time being, '^'^^"^ ^*^'
shall, during such vacancy, perform ail 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 hy the Legislature.
Art. I. There shall be a council, for advising the gov- council,
ernor in the executive part of tlie government, to consist of see amendmeuts,
nine persons besides the lieutenant-governor, whom the ^'■'- ^^^•
governor, for the time being, shall liave 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 diS.*°
Wednesday in May, by the joint ballot of the senators and s»e amendments,
representatives assembled in one room ; and in case there ^'ts- x-, xiii!
shall not be found, upon the first choice, the whole number
of nine persons who will accept a seat in the council, tlie
deficiency shall be made up by the electors aforesaid from
among the people at large ; and tlie 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, thSr seTtr'toTe
shall be vacated in the senate. vacated.
III. The councillors, in the civil arrangements of the Rank of councu-
Commonwealth, shall have rank next after the lieutenant- '°'''''
governor.
IV. Not more than two councillors shall be chosen out no district to
„ T . • , ■ .^ • r\ li-i have more than
01 any one district in 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- VI. Wlienever the office of the governor and lieutenant-
orgoT'e'inor,"^fn govcmor shall be vacant, by reason of death, 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 the}', or either
of them, w^ere personally present.
Elections may be VII. And whcrcas the clcctions appointed to be made
adjourned unti , ^^ ^j^-^ QQ2ig^i(;^,|;Jon, ou the last Wednesday in INfay annually,
by the two houses of the legislature, may not be completed
on that day, the said elections may be adjourned from day
to day, until the same shall be completed. And the order
of elections shall be as follows : the vacancies in the senate.
Order thereof. if any, sluill lirst be filled up; the governor and lieutenant-
governor shall then be elected, provided there should be no
Amendments, choico of tlicm by the people ; and afterwards the two houses
XXV. '^^^' *°*^ shall proceed to the election of the council.
CHAPTER II.
SECTION IV.
Secretary^ Treasurer, Commissary , 8fC.
Secretary, &c. ; Art. I. The Secretary, treasurer and receiver-general,
how c^o°r^. ^°* and the commissary-general, notaries public and naval offi-
see amendments, cers, sliall bc choscu annuallv, by ioint ballot of the senators
Arts. IV. £1110. «/'•'«/
xvii. ' and representatives, in one room. And, that the citizens of
Treasurer ineiigi- ^j^g Commouwealth may be assured, from time to time, that
b)e for more than _ _ J ' '
five successive thc moucys rcmainuig in the public treasury, upon the set-
years. tlcmcnt aud 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 H. The rccords of tlic Commoiiwealth shall be kept in
records; to attend ., rn c ^^ , i • i \ • ^ ^- c
the governor and thc ofhce 01 the sccretaiy, WMio may appoint his deputies, lor
council, &c. -vN'hose couduct lic sliall be accountable ; and he shall attend
the governor and council, the senate and house of represen-
tatives, 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.^ers'^^Tbe
tive commissions. All judicial officers, duly appointed, judicS'^' officers
commissioned and sworn, shall hold their offices during good to jioui office ciur-
behavior, excepting such concerning whom there is different vIot, except, &c.
provision made in this constitution : provided, nevertheless, May be removed-
the governor, with consent of the council, may remove them o^a-'^dress.
upon the address of both houses of the legislature.
II. Each branch of the legislature, as well as the govcrjior justices of su-
and council, shall have authority to require the opinions of coiTt'' to'^givi
the justices of the supreme judicial court, upon important °f ui°.gj ''''^^^
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 thelf office"'^ °^
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 court"" ^''"^"^
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 liolden at the times
and places which the res{)ective 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- oT mardfige'^^df-
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 Y
Harvard College.
Powers, privileg-
es, &c., of the
THE UNIVERSITY AT CAMBRIDGE, AND ENCOURAGEMENT OF
LITERATURE, &C.
SECTION I.
The Universily.
Art. I. Whereas our wise 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
the other United States of America, — it is declared, that the
President and Fellows of Harvard College, in their
Fows'^Mnfirmed corporatc Capacity, and their successors in that capacity,
their officers and servants, shall have, hold, use, exercise
and enjoy, all the powers, authorities, rights, liberties, privi-
leges, immunities and franchises, which they now have, or
are entitled to have, hold, use, exercise and enjoy ; and the
same are hereby ratified and confirmed unto them, the said
president and fellows of Harvard College, and to their
successors, and to their officers and servants, respectively,
forever.
II. And whereas there have been, at sundry times, by
divers persons, gifts, grants, devises of houses, lands, tene-
ments, goods, chattels, legacies and conveyances, heretofore
made, either to Harvard College in Cambridge, in New
England, or to the president and fellows of Harvard Col-
lege, or to the said college, by some other description, under
All gifts, grants, scvcral cliartcrs successively ; it is declared, that all the
said gifts, giants, devises, legacies and conveyances, are
hereby forever confirmed unto the president and fellows of
&c., confirmed.
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.
111. And whereas by an act of the general court of the
colony of Massacluisetts Bay, passed in the year one thou-
sand six hundred and forty-two, tlie governor and deputy-
governor, for tiie time being, and all the magistrates of that
jurisdiction, were, with the president, and a number of the
clergy in the said act described, constituted the overseers of
Harvard College ; and it being necessary, in this new con-
stitution of government, to ascertain who shall be deemed
successors to the said governor, deputy-governor, and magis-
trates; it is declared, that the governor, lieutenant-governor, whoshaiibe
council and senate of this Commonwealth, are, and shall be °^®''^'""-
deemed, their successors; who, with the president of Harvard
College, for the time being, together with the ministers of
the congregational churches in the towns of Cambridge,
Watertown, Charlestown, Boston, Roxbury and Dorchester,
mentioned in the said act, shall be, and hereby are, vested
with all the powers and authority belonging, or in any way
appertaining, to the overseers of Harvard College: provided, Power of aitera-
that nothing herein shall be construed to prevent the legis- thTieglsfature.*"
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 iegi?ia-
erally among the body of the people, being necessary for [rates'^r.f Xm-
the preservation of their rights and liberties ; and as these '"re periods.
depend on spreading the opportunities and advantages of ^rt. xviii.
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 affections, and generous sentiments
among the people.
CHAPTER VI.
OATHS AND SUBSCRIPTIONS ; INCOMPATIBILITY OF AND EXCLU-
SION FEOM OFFICES ; PECUNIARY QUALIFICATIONS ; COMMIS-
SIONS ; WRITS ; CONFIRMATION OF LAWS ; HABEAS CORPUS ;
THE ENACTING STYLE; CONTINUANCE OF OFFICERS ; PROVISION
FOR A FUTURE REVISAL OF THE CONSTITUTION, &C.
Art. I. Any person chosen governor, lieutenant-governor,
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 declaration, viz. :
See amendments, " I, A. B., do dcclarc, that I belicve the Christian religion,
Art. VII. ^j^^ 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 presence
of the two houses of assembly ; and 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
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. :
See amendments, "I, A. B., do ti'uly aud sinccrcly ackiiowlcdge, profess,
testify and declare, that the Commonwealth of Massachusetts
Art. VI.
CONSTITUTION. xxix
is, and of right ought to be, a free, sovei'eign and independent
State; and I do swear, that I will bear true faith and alle-
giance 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 aflfirmation ; and that 1 do make
this acknowledgment, profession, testimony, declaration,
denial, renunciation and abjuration, heartily and truly,
according to the common meaning and acceptation of the
foregoing words, without any equivocation, mental evasion,
or secret reservation whatsoever. So help me, God."
" I, A. B., do solemnly swear and affirm, that I will faith-
fully and impartially discharge and perform all the duties
incumbent on me as , according to the
best of my abilities and understanding, agreeal)ly 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, " I do swear, ^^
" mid 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 councillors,
before the president of the senate, in the presence of the two
houses of assembly ; and by the senators and representatives
first elected under this constitution, before the president
and five of the council of the former constitution ; and for-
ever afterwards before the governor and council for the
time being ; and by the residue of the officers aforesaid,
XXX CONSTITUTION.
before such persons, and in sucli manner, as from time to
time shall be prescribed by the legislature.
Plurality ofoffi- II. No govcmor, lientenant-governor, or judge of the
governor!" ^''ic'." suprcmc judiclal court, shall hold any other office or place,
except, &c. under the authority of this Commonwealth, except such as
See amendments, by tliis coiistitutioii tlicy 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. ]s^Tq person sliall be capable of holding or exercising at the
same time, within this State, moi-e than one of tiie following
offices, viz.: judge of probate — sheriff — register of probate —
or register of deeds ; and never more than any two offices,
which are to be held by appointment of the governor, or the
governor and council, or the senate, or the house of repre-
sentatives, or by the election of the people of the State at
large, or of the people of any county, military offices, and
the offices of justices of the peace excepted, shall be held by
one person.
Incompatible Nq pcrsou holding the office of judge of the supreme
judicial court — secretary — attorney- general — solicitor-gen-
ArlTiiL'"''"*^' eral — treasurer or receiver-general — judge of ])robate —
commissary-general — president, professor, or instructor of
Harvard College — sheriff — clerk of the house of representa-
tives — register of probate — register of deeds — clerk of the
supreme judicial court — clerk of the inferior court of com-
mon pleas — or officer of the customs, including in this
description naval officers — shall at the same time have a
scat in the senate or house of I'epresentatives ; 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
representatives ; and the place so vacated sliall be filled up.
Same subject. j^^^^ ^j^g g^me rulc sliall 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.
Trat^eT^dif uaiT -^^^^ "^^ pcrsou sliall cvcr be admitted to hold a seat in
cation. tlic 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 corruption,
in obtaining an election or appointment.
Value of money III. Ill all cascs, wlicrc suius of moucy are mentioned in
peTty ^'quaiifica- tliis coustitutioii , thc valuc tlicrcof shall be computed in
*"'"^- silver, at six shillings and eight pence per ounce ; and it
Art. xui. '' shall be in the power of the legislature, from time to time,
CONSTITUTION. xxxi
to increase such qualifications, as to property, of tlie persons
to be elected to offices, as the circumstances of the Common-
wealth shall require.
IV. All commissions shall be in the name of the Com- Provisions re-
monwealth of Massachusetts, signed by the governor, and mTssioul '^ ™
attested by the secretary or his deputy, and have the great
seal of the Coramonwealtli 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 Massacluisetts ; they shall be under tlie 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
1 T 1 • 1 T-» • /-(I 11^ former laws, ex-
used and approved, in the rrovuice, Colony or btate oi cept, &c.
Massachusetts Bay, and usually practised on in the courts
of law, shall still remain and be in full force, until altered
or repealed by the legislature ; such parts only excepted as
are repugnant to the rights and liberties contained in this
constitution.
VII. The privilege and benefit of the writ of habeas Benefit of iiabeas
, , , . "^ . ° , . 1 • /^ 11- I corpu-! secured,
corpus shall be enjoyed ui this Commonwealth, in the most except, &c
free, easy, cheap, expeditious and ample manner ; and sliall
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 oracers of former
danger arise to the Commonwealth, from a change of the ti°Jueauntii,&c"
form of government, all officers, civil and military, holding
commissions under the government and people of Massachu-
setts Bay, in New England, and all other officers of the said
government and people, at the time this constitution shall
take effect, shall have, hold, use, 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
supreme and executive officers under this constitution, are
XXXII
CONSTITUTION.
designated and invested with their respective trusts, powers
and authority.
Provision for re- X. In ordcr the more effectually to adhere to the prin-
vismg constitu- ^.jp^gg ^f ^j^g coustltution, 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 tlie selectmen of the several towns, and to the
assessors of the unincorporated plantations, directing tliem
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.
Same subject. 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 tiie said precepts, are
in favor of such revision or amendment, the general court
shall issue precepts, or direct them to be issued from the
secretary's office, to the several towns, to elect delegates to
meet in convention for the purpose aforesaid.
The said delegates to be chosen in the same manner and
proportion as their representatives in the second branch of
the legislature are by this constitution to be chosen.
Provision for pre- XI. Tiiis form of govemmcut shall be enrolled on parch-
fch/nf this con- mcut, aud dcpositcd in the secretary's office, and be a part
stitution. ^|. ^j^g ^g^^yg yj- ^j^g ^^j^jj . ^^^^ 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-
proved within five
days, not to be-
come a hiw, if le-
gislature adjourn
in the mean time.
General court
empowered to
charter cities.
Art. I. If any bill or resolve shall be objected to, and
not approved by the governor ; and if the general court shall
adjourn within five days after the same sliall have been laid
before the governor fur his approbation, and thereby pre-
vent his returning it, with his objections, as provided by the
constitution, such bill or resolve sliall not become a law,
nor have force as such.
Art. II. The general court sliall have full power and
authority to erect and constitute municipal or city govern-
CONSTITUTION. xxxiii
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 inhabi-
tants in wards or otherwise, for the election of officers under
the constitution, and the manner of returning the votes given
at such meetings : provided, that no such government shall Proviso.
be erected or constituted in any town not containing twelve
thousand inhabitants ; nor unless it be with the consent, and
on the application, of a majority of the inhabitants of such
town, present and voting thereon, pursuant to a vote at a
meeting duly warned and holden for that purpose ; and pro-
vided, also, that all by-laws, made by such municipal or city
government, shall be subject, at all times, to be annulled by
the general court.
Art. III. Every male citizen of twenty-one years of age Qualifications of
and upwards, (excepting paupers and persons under guar- nor^'^Veutenant-
dianship,) who shall have resided within the Commonwealth p^emor sena-
c^y . ,. . . 1 • 1 1 '''"'■' ^""^ repre-
one year, and withm the town or district, m which lie may sentatives. ii
• . . 1 • Pick 538
claim a right to vote, six calendar months next preceding see amendments,
any election of governor, lieutenant-governor, senators or xxiii.'^^' ^'"^
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,
senators and representatives ; and no other person shall be
entitled to vote in such elections.
Art. IY. Notaries public shall be appointed by the gov- Notaries public,
ernor, in the same manner as judicial officers are appointed, andremored.'^
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- vacancies in the
1.11111 . n 1-j^i offices of secreta-
mon wealth shall become vacant irom any cause, during tlie ry and treasurer,
recess of the general court, the governor, with the advice how fined mease,
and consent of the council, shall nominate and appoint, |eeamendments,
under such regulations as may be prescribed by law, a com-
petent and suitable person to such vacant office, who shall
5
XXXIV
CONSTITUTION.
hold the same until a successor shall be appointed by the
general court.
Commissary-gen- Whenever tlie exigencies of the Commonwealth shall
po'inted7m^ca''se^ rcquirc thc appointment of a commissary-general, he shall
^"^ be nominated, appointed and commissioned, in such manner
as the legislature may, by law, prescribe.
Militia officers, All officcrs commissioucd to command in the militia, may
be removed from office in such manner as the legislature
may, by law, prescribe.
tiow removed.
Who may vote Art. V. lu the elcctious of captaius and subalterns of
subauerns"^ ^°^ thc militia, all the members of their respective companies,
as well those under, as those above the age of twenty-one
years, shall have a right to vote.
oath^to^e taken ^jj-j^ yj, Instcad of the oath of allegiance prescribed by
the constitution, the following oath shall be taken and sub-
scribed by every person chosen or appointed to any office,
civil or military, under the government of this Common-
wealth, before he shall enter on the duties of his office, to
wit : —
"I, A. B., do solemnly swear, that I will bear true faith
and allegiance to the Commonwealth of Massachusetts, and
' will support the constitution thereof. So help me, God."
or affirmation in Pfovidecl, That wlicu any person shall be of the denomi-
'^^^*'' nation called Quakers, and shall decline taking said oath,
he shall make his affirmation in the foregoing form, omitting
the word " swear,"' and inserting, instead thereof, the word
" affirm," and omitting the words " So help me, God." and
subjoining, intead 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.
Incompatibility Art. VIII. No judgc of auy court of this Commonwcalth,
of offices. (except the court of sessions,) and no person holding any
office under the autliority of the United States, (postmasters
excepted,) shall, at the same time, hold the othce of gov-
ernor, lieutenant-governor or councillor, or have a seat in
the senate or house of representatives of this Commonwealth ;
and no judge of any court in this Commonwealth, (except
the court of sessions,) nor the attorney-general, solicitor-
CONSTITUTION. xxxv
general, county-attorney, clerk of any court, sheriff, treas-
urer and receiver-general, register of probate, nor register
of deeds, shall continue to hold his said office after being
elected a 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
x-l 1 J. ^ j_ixi ^-ii'i constitution, how
ticular amendment or amendments to the constitution be made,
proposed in the general court, and agreed to by a majority
of the senators and two-thirds of the members of the house
of representatives present and voting thereon, such proposed
amendment or amendments shall be entered on the journals
of the two houses, with the yeas and nays taken thereon, and
referred to the general court then next to be chosen, and
shall be published ; and if, in the general court next chosen,
as aforesaid, such proposed amendment or amendments shall
be agreed to by a majority of the senators and two-thirds of
the members of the house of representatives present and
voting thereon, then it shall be the duty of the general court
to submit such proposed amendment or amendments to the
people ; and if they shall be approved and ratified by a
majority of the qualified voters, voting thereon, at meetings
legally warned and holden for that purpose, they shall become
part of the constitution of this Commonwealth.
Art. X. The nolitical year shall begin on the first commencement
Wednesday of Jaiiuary, instead of the last Wednesday of "'"""^'^^'y'^'^'"'
May ; and the general court shall assemble every year on
the said first Wednesday of January, and shall proceed, at that
session, to make all the elections, and do all the other acts,
which are by the constitution required to be made and done
at the session which has heretofore comiuenced on the last
Wednesday of May. And the general court shall be dis- ana termination,
solved on the day next preceding the first Wednesday of
January, without any proclamation or other act of the gov-
ernor. But nothing herein contained shall prevent the
general court from assembling at such other times as they
shall judge necessary, or when called together by the gov-
ernor. The governor, lieutenant-governor and councillors,
shall also hold their i-espective offices for one year next
XXXVI CONSTITUTION.
following the first Wednesday of January, and until others
are chosen and qualified in their stead.
^?icl°^of'^^ovCT- "^^^^ meeting for the choice of governor, lieutenant-
nor, lieutenant- govcmor, scuators and representatives, shall be held on the
w°henVbe held! sccoud Monday of November in every year; but meetings
May be adjourn- ^^^ ^^^ adjoumcd, if ucccssary, for the choice of represen-
^^t^xv"^™*"**' t^ti'^Gs, to the next day, and again to the next succeeding
day, but no further. But in case a second meeting shall be
necessary for the choice of representatives, such meetings
shall be lield 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.
gointoop'^rat'ion° ^his articlc shall go into operation on the first day of
October, next following the day when the same shall be duly
ratified and adopted as an amendment of the constitution ;
and the governor, lieutenant-governor, councillors, senators,
representatives, and all other state officers, who are annually
chosen, and who shall be chosen for the current year, when
the same shall go into operation, shall hold their respective
offices until the first Wednesday of January then next fol-
lowing, and until others are chosen and qualified in their
stead, and no longer ; and the first election of the governor,
lieutenant-governor, senators and representatives, to be had
in virtue of this article, shall be had conformably thereunto,
in the month of November following the day on which the
same shall be in force and go into operation, pursuant to the
foregoing provision.
Inconsistent pro- All tlic provisious of thc cxistiug coustitutiou, inconsis-
tent with the provisions herein contained, are hereby wholly
annulled.
Tisious annulled.
Religious free- Art. XI. Iiistcad of tlic third article of the bill of rights,
dom established, .i <? n • !•/»,• i i ^ j^i c • i j.-
the loUowing modification and amendment thereoi 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
legally warned and holden for that purpose, shall ever have
the right to elect their pastors or religious teachers, to con-
CONSTITUTION. xxxvii
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 tlie 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 1837, Ind de-
of equality, a census of the ratable polls in each city, town after!*'^^ '^"'^"
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- seramendmlntei
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 ?'°7°t\j^^*'^iy§
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 hun-
dred ; and such town may elect one representative as many
years within ten years, as three hundred is contained in the
product aforesaid.
Any city or town having ratable polls enough to elect one Fractions, how
or more representatives, with any number of polls beyond '^*^p'^®^'"'
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.
Any two or more of the several towns and districts may. Towns may unite
.' Pill 11 "''''' representa-
by consent of a majority of the legal voters present at a legal tive districts.
XXXVIII CONSTITUTION.
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
districts shall have all the rights, in regard to representation,
which would belong to a town containing the same number
of ratable polls.
The governor and Tlic govcmor and couucil sliall asccrtaiu and determine,
mine the number withiu tlic uiontlis of July aud August, lu tlic ycar of our
tr''wh1ch*''eac'h Lord one thousand eight hundred and thirty-seven, according
town is entitled, fo the foregoiug 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 ;
New apportion- and wherc any town has not a sufficient number of polls to
Mce\n°every ten ^Icct a representative each year, then, how many years
years. withiu tlic tcu ycars, such town may elect a representative ;
and the same shall be done once in ten years thereafter, by
the governor and council, and the number of ratable polls
in each decennial census of polls, shall determine the number
of representatives whicli each city, town and representative
district may elect as aforesaid ; and when the number of
representatives to be elected by each city, town or represen-
tative district is ascertained and determined as aforesaid, tlie
governor shall cause the same to be published forthwith for
the information of the people, and that number shall remain
fixed and unalterable for the period of ten years.
Inconsistent pro- All the provisious of thc cxisting constitution inconsistent
visions annulled. •.i.i •• i • . ■ ^ i i in
With the provisions herein contained, are hereby wholly
annulled.
censu-sofinhahi- Art. XIII. A ccusus of the inhabitants of each city and
in°i84o, and^ d^e° towu, ou tlic first day of May, shall be taken and returned
aftlr!forba*^rof iw^o thc sccrctary's office, on or before the last day of June,
apportionment of Qf tlic vcar ouc thousaud eight hundred and forty, and of
senators and rep- •' n i ■ ^ ini
resentatives. evcry tcntli year thereafter ; which census shall determine
the apportionment of senators and representatives for the
term of ten years.
Senatorial dis- The scvcral Senatorial districts now existing, shall be per-
perman'lnt^'^^*^ maiicut. Thc scnatc shall consist of forty members ; and in
seeamen^dments, ^j^g jqq^^ 0110 tliousaud eight liuiidred and forty, and every
tenth year thereafter, the governor and council shall assign
the number of senators to be chosen in each district, accord-
CONSTITUTION. xxxix
ing to the number of iDliabitants in the same. But, m all
cases, at least one senator shall be assigned to each district.
The members of the house of representatives shall be House of repre-
apportioiied in tlie following manner : Every town or city Ippo^rtbned.
containing twelve hundred inhabitants, may elect one repre- a^.'^xxl"''"'^'
sentative ; and two thousand four hundred inhabitants shall
be the mean increasing number, which shall entitle it to an
additional representative.
Every town containing less than twelve hundred inhabi- smaiitowns, how
tants shall be entitled to elect a representative as many '^"P''®®'^'^
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
a majority of the legal voters present at a legal meeting, in tivedistricTs!"''^
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-
1 , , , . 1x1 • • I tation, and ratio
elect one representative, and tlie mean increasmg number, of increase.
which shall entitle a town or city to elect more than one,
and also the number by which the population of towns, not
entitled to a representative every year, is to be divided, shall
be increased, respectively, by one-tenth of the numbers above
mentioned, whenever the population of the 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 The governor and
council shall, before the first day of September, apportion tiZThe numbe'ip'
the number of representatives which each city, town and ofe?chtowuouce
representative district is entitled to elect, and ascertain how in 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
,1 1 ,^ -t-iT 11 X' T chosen from the
people at large, on the first VVednesuay oi January, or as people at large,
soon thereafter as may be, by the joint ballot of the senators
and representatives, assembled in one room, who shall, as
XL CONSTITUTION.
See amendments, sooii as may be, ill like manner, fill up any vacancies that
Art. XVI. j^^y happen in the council, by death, resignation or other-
Quaiifications of wisc. No pcrsou shall be elected a councillor who has not
counciUoTs. been an inhabitant of this Commonwealth for the term of
five years immediately preceding his election ; and not more
than one councillor shall be chosen from any one senatorial
district in the Commonwealth.
Freehold as a No posscssiou of a freehold, or of any other estate, shall
qualification not , ^.-, Tr>,-/»iii- , • -xi
required. bc rcquircd as a qualincation lor holding a seat in either
branch of the general court, or in the executive council.
Elections by the Art. XIV. In all clcctions of civil officers by the people
piuniuty°ofvotes^ of tliis Comiiionwealth, wliosc 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. Thc meeting for the choice of governor, lieu-
emor°and^ie^g^I- teuaut-govemor, senators and representatives, shall be held
lature. ou the 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 liolden, for that purpose,
on the fourth Monday of the same month of November.
Eight counciuors Art. XVI. Eight couucillors sliall bc aiinually choscu by
the'peopie!'^'^ ^^ 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 each decennial State census, thereafterwards, shall
divide the Commonwealth into eight districts of contiguous
territory, each containing a number of inhabitants as nearly
equal as practicable, without dividing any town or ward of
Legislature to a city, aiid each entitled to elect one councillor: provided,
district state. Jtowever, 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,
established by the legislature. No person shall be eligible
to the office of councillor who has not been an inhabitant of
the Commonwealth for the term of five years immediately
Day and manner prcccding his clectioii. Thc day and manner of the elec-
of election, c. ^^^^^^ ^|^q rctum of thc votcs, aiid the declaration of the said
elections, shall be the same as are required in the election
CONSTITUTION. xli
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 tlie 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 his summons to such persons as appear to be
chosen, to attend on that day to be qualified accordingly ;
and the secretary shall lay the returns before the senate and
house of representatives on the said first Wednesday in Jan-
uary, to be by them examined ; and in case of the election
of either of said officers, the choice shall be by them declared
and published ; but in case there shall be no election of
either of said officers, the legislature shall proceed to fill
such vacancies in the manner provided in the constitution
for the choice of such officers.
Art. XYII. The secretary, treasurer and receiver-gen- Election of secre-
eral, auditor, and attorney-general, shall be chosen annually, au'fjitor*'^^nd"^atl
on the day in November prescribed for the choice of gov- tomey-generaiby
''I ~ the people.
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 tbe 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 secretai-y, 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
manner be filled by choice from the people at large ; but if
such vacancy shall occur at any other time, it shall be supplied
6
XLii CONSTITUTION.
bj 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 ofjfice until his
To qualify within succcssor is choscu and duly qualified in his stead. In
10 dajs.otherwise , -iij, -^i o a-\ en
office to be deem- casc any pcrsou chosen or appointed to either oi the oftices
ed vacant. aforcsaid, shall neglect, for the space of ten days after he
could otherwise enter upon his duties, to qualify himself in
all respects to enter upon the discharge of such duties,
the office to which he has been elected or appointed shall
Qualifications be decmcd vacant. No person shall be eligible to either
of said offices unless he shall have been an inhabitant of
this Commonwealth five years next preceding his election
or appointment.
School moneys Art. XVIII. All moncys raised by taxation in the towns
plied for secu- aud citlcs for the support of public schools, and all moneys
nan schools. whicli 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 whicli 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 legislature shall prescribe, by general
eie''ction''of'sher* I^-W, for tlic clcction of slicriffs, registers of probate, commis-
pro'bate^'&T^" b°^ sloucrs of iiisolveiicy, and clerks of the courts, by the people
the people. of the scvcral counties, and that district-attorneys shall be
chosen by the people of the several districts, for such term
of office as the legislature shall prescribe.
Reading consti- Art. XX. No pcrsou shall have the right to vote, or be
and^wruing.^nt^ eligible to officc uudcr the constitution of this Common-
cessary quaiifica- wcaltli, who shall uot bc able to read the constitution in the
tions of voters. t-i t i i i • i • • i i /
Proviso. Jiingiish language, and write his name : provided., Iiowever,
that the provisions of this amendment shall not apply to any
person prevented by a physical disability from complying
with its requisitions, nor to any person who now has the
right to vote, nor to any persons who shall be sixty years of
age or upwards at the time this amendment shall take effect.
Census of lesai Art. XXI. A ccusus of tlic legal voters of each city and
habitant's'^ whe°n towu, Oil tlic fii'st day of May, shall be taken and returned
taken, &c. jjj^q ^\^q office of the secretary of the Commonwealth, on or
See General Stat, beforc the last day of June, in the year one thousand eight
hundred aud fifty-seven ; and a census of the inhabitants of
CONSTITUTION. xliii
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 deter-
mine the apportionment of representatives for the periods
between the taking of the census.
The house of representatives shall consist of two hundred H.°Pfe to consist
t • 1 1 1 1 • °* ^*"-' members.
and forty members, which shall be apportioned by the legis- Legislature to
lature, at its first session after the return of each enumeration 'apportion, &o.
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
tlierein, as may for that purpose be provided by law, shall,
on the first Tuesday of August next after each assignment
of representatives to each county, assemble at a shire town
of their respective counties, and proceed as soon as may be,
to divide the same into representative districts of contiguous
territory, so as to apportion the representation assigned to
each county equally, as nearly as may be, according to the
relative number of legal voters in the several districts of
each county ; and such districts shall be so formed that no
town or ward of a city shall be divided therefor, nor shall
any district be made which shall be entitled to elect more
than three representatives. Every representative, for one Qualifications of
year at least next preceding his election, shall have been an '■'^p'''^*'^^***'^''^-
inhabitant of the district for which he is chosen, and shall
cease to represent such district when he shall cease to be an
inhabitant of the Commonwealth. The districts in each
county shall be numbered by the board creating the same,
and a description of each, with the numbers thereof and
XLIV
CONSTITUTION.
One hundred
members a
quorum.
the number of legal voters therein, shall be returned by the
board, to the secretary of the Commonwealth, the county
treasurer of each county, and to the clerk of every town in
each district, to be filed and kept in their respective offices.
The manner of calling and conducting the meetings for the
choice of representatives, and of ascertaining their election,
shall be prescribed by law. Not less than one hundred
nlfembers 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. Art. XXII. A ceusus of the legal voters of each city
and town, on the first day of May, shall be taken and returned
into the office of the secretary of the Commonwealth, on or
before the last day of June, in the year one thousand eight
hundred and fifty-seven ; and a census of the inhabitants of
each city and town, in the year one thousand eight hundred
and sixty-five, and of every tenth year thereafter. In the
census aforesaid, a special enumeration shall be made of
the legal voters, and in each city said enumeration shall
specify the number of such legal voters aforesaid, residing
in eacli ward of such city. The enumeration aforesaid shall
determine the apportionment of senators for the periods
Senate to consist betwecu thc taking of the census. The senate shall consist
of forty members. The general court shall, at its first session
after each next preceding special enumeration, divide the
Commonwealth into forty districts of adjacent territory, each
district to contain, as nearly as may be, an equal number of
legal voters, according to the enumeration aforesaid : pro-
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 couutics, iuto ouc district. Each district shall
elect one senator, 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
Sixteen members ccasc to be an inhabitant of the Commonwealth, Not less
a quorum. \\\-dj\_ sixtccu scnators 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.
of 40 members
Senatorial dis-
tricts, &c.
Proviso.
yetrsTequkedTf ^^'^^ ^^^^^' No pcrsou of forcigu birth shall be entitled
naturalized, citi- to votc, Of shall bc eligible to office unless he shall have
CONSTITUTION. xlv
resided within the iurisdiction of the United States for two zen. to entitle to
•' . ,. . 1 I 11 I • suCfrage or make
years subsequent to his naturahzation, and shall be otherwise eligible to office,
qualified, according to the constitution and laws of this
Commonwealth : provided, that this amendment siiall not
affect the rights which any person of foreign birth possessed
at the time of the adoption thereof; and, provided, further,
that it shall not affect the rights of any child of a citizen of
the United States, born during the temporary absence of
the parent therefrom.
Art. XXIV. Any vacancy in the senate shall be filled by vacancies in the
election by the people of the unrepresented district, upon ^®"^'^"
the order of a majority of senators elected.
Art. XXV. In case of a vacancy in the council, from a vacancies m the
failure of election, or other cause, the senate and house gf "^"""^ '
representatives shall, by concurrent vote, choose some eligible
petson from the people of the district wherein such vacancy
occurs, to fill that office. If such vacancy shall happen
when the legislature is not in session, the governor, with
the advice and consent of the council, may fill the same by
appointment of some eligible person.
[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 legis-
lature 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 ratified April 9, 1821.
The tenth Article of Amendment was adopted by the legislatures of the
political years 1829-30, and 1830-31, respectively, and was approved and
ratified by the people. May 11, 1831.
The eleventh Article of Amendment was adopted by the legislatures of
the political years 1832 and 1833, respectively, and was approved and
ratified by the people, November 11, 1833.
XLvi • CONSTITUTION.
The twelftli Article of Amendment was adopted by the legislatures of
the political years 1835 and 1830, respectively, and was approved and
ratified by the people, the fourteenth day of November, 1836.
The thirteenth Article of Amendment was adopted by the legislatures
of the political years 1839 and 1840, respectively, and was approved and
ratified by the people, the sixth day of April, 1840.
The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth and nine-
teenth Articles of Amendment were adopted by the legislatures of the
political years 1854 and 1855, respectively, and ratified by the people, the
twenty- third day of May, 1855.
The twentieth, twenty-first and twenty-second Articles of Amendment
were adopted by the legislatures of the political years 185'6 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 legislatures
of the political years 1858 and 1859, respectively, and ratified by the
people on the ninth day of May, 1859.
The twenty-fourth and twenty-fifth Articles of Amendment were adopted
by the legislatures of the political years 1859 and 1860, respectively, and
ratified by the people on the seventh day of May, I860.]
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, . . ; . xxviii
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, VII
Arms, Right of People to keep and bear, ...... vii
Articles of Amendment, . xxxii
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
" Quahfications 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 Politic, how formed, and nature of, m
Bribery or Corruption in obtaining an Election, to disqualify for Office, xxx
XXXVIII, XLIU, XLIV
XLII, XLIV
XXXVII
XXXIII
ii INDEX TO THE CONSTITUTION.
C.
Page.
Cambridge, the University at, xxvi
Census of Inhabitants, when and how taken,
" of Legal Voters, when and how taken,
• «' of Ratable Polls, when and how taken.
Cities, General Court empowered to charter.
Civil and Military Officers, duties of, to be prescribed by Legislature, xi
Commander-in-Chief. See Governor.
Commerce, Manufactures, Arts, &c., encouragement of, . . . xxviii
Commissary- General, when and how nominated, &c., .... xxxiv
" " to make Quarterly Returns, .... xxi
Commissioners of Insolvency, how chosen, ...... xlii
Commission Officers, Tenure of Office to be expressed in Commis-
sion, ... XXV
Commissions, how made, signed, countersigned, and sealed, . . . xxxi
Congress, Delegates to, how chosen and commissioned, . . . xxv
" " may be recalled, and others commissioned, . xxvi
" what Offices may not be held by members of, . . . xxxv
Constitution, Amendments to, how made, ..... xxxv, xlv
" Revision of in 1795, provided for, ..... xxxii
" to be enrolled, deposited in Secretary's Office, and printed
with the laws, xxxii
Coroners, how appointed, ......... xx
Corruption. See Bribery.
Council, and the manner of settling Elections by the Legislature, . xxiir
may exercise powers of Executive, when, &c., . . . xxiv
Members of, to be sworn in presence of both Houses, , . xxix
Members of, number, and how chosen, . . xxiii, xxiv, xxxix, xL
Objects of, xxiii
Quorum of, ......... , xxiii
Rank and Qualifications of Members of, xxiii, XL
Register of, subject to the call of either House, . . . xxiii
Resolutions and Advice- of, to be recorded, .... xxiii
Vacancies in, how filled, ........ xli
Court of Common Pleas, Judges of, prohibited from holding other Offices, xxxv
" Supreme Judicial, Judges of. Tenure of Office of, and Salary, . ix, xxii
Courts and Judicatories, may administer Oaths and Affirmations, . . x
•' Clerks of, how chosen, ........ xlii
" of Probate. See Probate.
" of Record and Judicatories, the General Court may establish, . x
Crimes and Offences, Prosecutions for, regulated, ..... vi, vii
D.
Debate, Freedom of, in Legislature, affirmed, viii
Declaration of Rights, .......... iv
Delegates to Congress, xxv
•« " how chosen, xxv
INDEX TO THE CONSTITUTION.
m
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,
Page.
XXVI
XLII
XII, XL
XLin
XXXVJII, XXXIX
XII, XXXVIII, XLIV
XXV
XI
E.
Elections, by Legislature, Adjournment of, . . . . . • xxiv
Order of, ...... • xxiv
" by the People, Plurality Rule to prevail in, .... xl
" Freedom of, affirmed, ........ vi
Election Returns, by whom examined, &c., . . . . • . xiv, xli
Enacting Style, established, xxxi
Encouragement of Literature, ........ xxvii
Enrollment. See Constitution.
Equality and Natural Rights, recognized, • iv
Estates, Valuation of, when taken, ....... xi
Executive Power, .....■.••• xvii
" not to exercise Legislative or Judicial Powers, ... ix
Ex Post Facto Laws, injustice of, declared 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, ....... xxxiii
<< " 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, I"
'• Right of People to institute, alter, &c., .... m. vi
7
iv INDEX TO THE CONSTITUTION.
Page.
Governor, may call Councillors together at his discretion, . . . ^ xviii
«< Qualifications of, xvn, 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, xxxvr, xl
*' and Council, may pardon Offences, after Conviction, . . xx
" " may prorogue the Legislature, . . . xviii, xix
«« " shall examine Election Returns, . . . xiv, xli
H.
Habeas Corpus, Benefit of, secured, .... ... xxxi
" " not to be suspended more than twelve months, . . xxxi
Harvard College, Powers, Privileges, Grants, &c., confirmed to, . . xxvi
" " who shall be Overseers of, xxvn
" " Government of, may be altered by Legislature, . . xxvii
House of Representatives, ......... xv
'< " Members of, how apportioned and chosen, xv, xvi
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 Per.eons not Members, for dis-
respect, &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. v
I.
Page.
Impeachment, Limitation of Sentence for, ...... xv
Impeachments, how made and tried, xv, xvi
Incompatible Offices, enumeration of, xxx, xxxiv, xxxv
" Inhabitant," word defined, ........ xiii
Inhabitants, Census of, when taken, ..... xxxviii, xliii, xliv
Insolvency, Commissioners of, how chosen, ...... xlii
Instruction and Petition, Right of, affirmed, ...... viii
J.
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 Coxu"t 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, ........ vii
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 Ex-
ecutive or either branch of Legisla-
ture xxv
L.
Law-Martial, Persons not in the Army, Navy, or Actual Service, not
to be subject to, viii
Laws, every Person to have remedy in, for injury to Person or Property, vi
" Ex Post Facto, declared unjust and inconsistent with Free Govern-
ment, ........... VIII
" not repugnant to Constitution, Legislature may make, . . xi
" of Province, Colony, or State of Massachusetts Bay, not repug-
nant to Constitution, continued in force, ..... xxxi
" Power of suspending, only in Legislature, . .... viii
Legal Voters, Census of, when taken xlii, xliv
Legislative Department, not to exercise Executive or Judicial Powers, ix
" Power, IX
Legislature. See General Court.
Lieutenant-Governor, xxii
vi INDEX TO THE CONSTITUTION.
Page.
Lieutenant-Governor, when and how chosen, . . xxii, 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 filled, ...... 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 cf 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, ... .
" Equal Right of All to, affirmed
" no Person eligible to, who cannot read and write.
Officers, Civil, Legislature may provide for the naming and settling of,
" Civil and Military, duties of to be prescribed by Legislature,
" " " holding under Government of Massachu-
setts Bay, continued in Office,
INDEX TO THE CONSTITUTION.
Vll
Page.
Officers and Magistrates, accouutability 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, iii
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, . . . xxx
" Officers, Right of People with reference to, ... . vi
" Services, the only Title to particular and exclusive Privileges, . v
" Worship, the Right and Duty of, iv
" " Legislature may compel Provisions for, ... iv
Punishments, Cruel and Unusual, prohibited, ..... viii
Q.
Quakers, variation of Oath in behalf of, xxix, xxxiv
Qualifications of Governor, ....... xvii, xxxiv, xlii
" of Lieutenant-Governor, ...... xxii, xli
" of Councillors, ........ xl, xlii
" of Senators xiv, xl, xlii, xliv
VIU
INDEX TO THE CONSTITUTION.
Page.
Qualifications of Representatives, ...... xvi, xl, xlii, xliii
♦' 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
4' " partial abolition of, ..... . xl
Quorum of Council, ......... xviii, xxiii
" of House, XVI, xLiv
" of Senate, .......... xv, xliv
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, . xxiii
Registers of Probate. See Probate.
Religious Denominations, equal protection secured to all,
" Societies, Right of, to elect their own Pastors, &c., .
'« " Persons belonging to, to be held as Members, till
they file Notice of Dissolution, .
Representation, in Council, basis of, . . ....
" 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
Returns of Votes, by whom made, examined, &c., . . xxii, xiv, xviii, xli
Revision of Constitution. See Constitution.
Rights, Natural, declaration of, &c., ....... iv
V, XXXVII
V, XXXVII
XXXVII
XL
s.
Salaries, of Judges of Supreme Court, .....
Salary, of Governor,
Schools, Money raised and appropriated for, how to be applied,
*' Sectarian, appropriation of Money for, prohibited, .
Search and Seizure, the Right of every Man to be secure from,
Secretary, Treasurer, Commissary, &c., ....
Secretary of the Commonwealth, how chosen,
" *' QuaHfications of,
" " Duties of, .
" " may appoint Deputies, &c.,
" " Vacancy in Office of, how filled.
Selectmen, Duty of, ....... .
Self-government, Right of, as.serted, .....
Senate, ..........
IX, XXII
XXII
XLII
XLII
VII
XXIV
XXIV, XLI
XLII
XXIV, XLIII
XXIV
XXXIII, XLI
XIII
Members of, number, and how chosen,
XII
XII, XXXIII, XXXVIII, XLIV
INDEX TO THE CONSTITUTION.
IX
Page.
Senate, Members, Qualifications of, xiv, xl, xlii, xliv
'• " 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, xlv
" to be final judge of elections of its own Members, . . . xiv
" not to adjourn more than two days, ...... xv
" shall choose its own Officers, and establish its own llules, . . 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, ..... . xiii
Towns, having less than 300 Ratable Polls, how represented, . . xxxvii
" having less than 150 Ratable Polls, how represented, . . xv
" may unite in Representative District, .... xxxviii, xxxix
Travel, Expenses of, to and from the General Court, how paid, . . xvi
Treason and Felony, 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, .... xxrv
" " Vacancy in Office of, how filled, xxxiii, xli
Trial, by Jury, Right of, secured, vii
X INDEX TO THE CONSTITUTION.
U.
Page.
University at Cambridge, &c., xxti
Y.
Vacancies iu Council, how filled, ........ xli, xlv
" 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, xlfv
" 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.
GENERAL STATUTES
SPECIAL ACTS
MASSACHUSETTS,
1860.
I^° The General Court of 1860 assembled in the State House in Boston,
on Wednesday, the fourth day of January, and was prorogued on Wednes-
day, the fourth day of April.
The oaths of office required by the Constitution, were administered to
His Excellency Nathaniel P. Banks, on Friday, the sixth day of
January.
ACTS,
GENERAL AND SPECIAL.
An Act authorizing the removal of the balconies of the (Jjiap. 1.
HOUSE OF representatives.
Be it enacted by the Senate and Home of Representatives, in General Court
assembted, and by the authority of the same, as follows :
Section 1. The sergeant-at-arms is hereby authorized to Removal author-
cause the balconies iu front of the galleries of the repre- '"''^
sentatives' hall, to be at once removed : provided, that the proviso.
total expense of said removal, and of such repairs upon tlie
remaining galleries as may be necessary in consequence of
said removal, shall not exceed one hundred and fifty dollars.
Section 2. This act shall take effect on and after its
passage. Approved January 20, 1860.
An Act in addition to an act to authorize the business of nUnn 9
BANKING. ' '
Be it enacted, Sfc, as folloivs:
Section 1. Any bank doing business under an act Banks doing
— - 5 , business under
entitled " An Act to authorize the Business of Banking," general law, may
return circula
iug notes to
auditor to be
destroyed, &c.
chapter two hundred and sixty-seven of the acts of the year '■''^"™ circuiat-
notes to
one thousand eight hundred and fifty-one, may at any time ^£'|^^°J^ j^° ^^Jf
return any portion of its circulating notes to the auditor,
who shall forthwith on receiving the same cause them to be
destroyed in his presence, and in the presence of the presi-
dent and cashier of the bank ; and a certificate thereof shall
be entered upon the books of the auditor, and signed by said
auditor and said president and cashier.
Section 2. This act shall take effect from and after its
passage, and be in force until the first day of June next.
Approved January 28, 1860.
An Act to change the time of holding the meetings of the Qfinn 3
commissioners of the county of BERKSHIRE. "'
Be it enacted, Sfc, as follows :
Section 1. Instead of the regular meeting, now by law Last Tuesday of
required to be held by the commissioners of the county of **""*"" *"^'
1860. — Chapters 4, 5, 6.
Chap. 4.
May sell fran-
chise, &c., to
Fitchburg Kail-
road Co.
PriTileges, re-
strictions, &c.
In case of sa,le,
Peterborough
and Shirley H.
Co. to coQtiuue
in existence for
two years, &c.
Chap. 5.
Increase of
S500,000 au-
thoriised.
Chap. 6.
Corporators.
Berkshire, on the first Tuesday of January, the commission-
ers shall hold such meeting at Lenox, on the last Tuesday
of December in each year.
Section 2. This act shall take effect on the first day of
July next. Approved January 28, 1860.
An Act concerning the Peterborough and shirley railroad
COMPANY.
Be it enacted, ^'c. follows :
Section 1. The Peterborough and Shirley Railroad
Company are hereby authorized to sell and convey to the
Fitchburg Railroad Company, their franchise, rights and rail-
road, together with all their corporate property and powers.
In case of sale, the Fitchburg Railroad Company shall have
all the powers and privileges, and be subject to all the duties,
restrictions and liabilities, imposed upon said Peterborough
and Shirley Railroad Company, excepting the debts of said
company.
Section 2. In the event of sale as authorized by the
foregoing section, the Peterborough and Shirley Railroad
Company may continue its corporate existence for two years
from the passage of this act, for the purpose of settling and
closing its concerns ; and for this purpose only shall have
all the corporate powers and privileges, and be subject to all
the duties, restrictions and liabilities, set forth in the forty-
fourth chapter of the Revised Statutes.
Section 3. This act shall take effect from and after its
passage. Approved January 30, 1860.
An Act to increase the capital stock of the wamsutta mills.
Be it enacted, cVc, as follows :
The Wamsutta Mills are hereby authorized to increase
their capital stock by adding thereto a sum not exceeding
five 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. Approved Februay 2, 1860.
An Act to incorporate the east boston improvement company.
Be it enacted, Sfc, as folloivs :
Section 1. Charles Houghton, Langdon Coffin, James
M. Stone, and Richard Lang, their associates and successors,
are hereby made a corporation, by the name of the East
Boston Improvement Company ; with all the powers and
privileges, and subject to all the duties, liabilities and re-
strictions, set forth in the forty-fourth chapter of the Revised
Statutes.
I860.— Chapter 7. 5
Section 2. Said corporation may purchase, receive in Powers of corpo-
fiiiii 1 11 ration and loca-
payment of work periormed, liold and convey the whole or tion of property.
any part of certain marsh lands and flats, not to exceed in
amount one hundred acres, now the property of the East
Boston Company, situated in that part of Boston known as
East Boston, and limited on the west by the track of the
Eastern Railroad, on the north by Neptune Street, on the
east by Cottage Street, till it intersects with Putnam Street;
thence on Putnam Street east to a point not beyond the line
of the East Boston Company's land, nor beyond the present
sea-wall ; thence as said company may own, but not outside
the present sea-wall, to Maverick Street ; thence by Maverick
Street, Cottage Street and Decatur Street, to the said East-
ern Railroad track, and for the most part comprised within
what is called the " Basin ; " and may grade, drain, and
otherwise improve said lands, and may divide the same or
the proceeds thereof among the stockholders after paying
the debts of the corporation.
Section 3. This act shall not be construed to give any ^«'^'[^''"'^
right to grade, drain or improve any land not belonging to
the East Boston Company, nor to confer any rights additional
to those now possessed by said East Boston Company, nor
to deprive the city of Boston of the power to regulate the
line of the streets and the grading and drainage thereof.
Section 4. This act shall take effect from and after its
passage. Approved February 2, 1860.
An Act to incorporate the everett mills. Chat) 7
Be it enacted^ &:c., as follows:
Section 1. James Dana, Samuel Batchelder, Charles corporators.
W. Cartwright, their associates and successors, are hereby
made a corporation, by the name of the Everett Mills, for Name.
the purpose of manufacturing cotton and other fibrous
materials, in the city of Lawrence, in the county of Essex ; Location,
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 the two hundred and seventy-sixth
ciiapter of the acts of the year one thousand eight hundred
and fifty-seven, and all acts passed subsequent thereto relat-
ing to manufacturing corporations.
Section 2. The said corporation may hold, for the pur- Real estate.
poses aforesaid, real estate to the amount of three hundred
thousand dollars ; and the whole capital stock of said cor- capital.
poration shall not exceed eight hundred thousand dollars,
in shares of one hundred dollars each; and no shares of
I860.— Chapters 8, 9, 10.
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.
Section 3. This act shall take effect from and after its
passage. Approved February 2, 1860.
Chap. 8.
Charter ex-
tended.
An Act to continue in force an act to incorporate the manu-
facturers' INSURANCE company, IN BOSTON.
Be it enacted, §'c., as follows :
The statute of the year one thousand eight hundred and
twenty-two, incorporating the Manufacturers' Insurance
Company, and the several acts in addition thereto, shall be
continued and remain in force from and after the twenty-third
day of February, in the year one thousand eight hundred
Jiefstrictions, &c. and sixty-two ; and said company shall have all the powers
and privileges, and be subject to all the duties, restrictions
and liabilities, set forth in the general laws in relation to
insurance companies, which have been or piay hereafter be
enacted. Approved Februarij 2, 1860.
Chap. 9.
Proyiso.
ap. 10.
An Act to authorize the institution for savings in the town
of barnstable to hold real estate.
Be it enacted, §^c., as follows :
Section 1. The institution for savings in the town of
Barnstable is hereby authorized to hold real estate within
the town of Barnstable, to an amount not exceeding fifteen
thousand dollars : provided, that no part of said amount
shall be invested in real estate, except in the purchase of a
suitable site, and the erection or preparation of a suitable
building, to be used for banking purposes : and all income,
if any, arising from such real estate, shall be devoted exclu-
sively to the interests of said corporation.
Section 2. This act shall take effect from and after its
passage. Approved February 2, 1860.
An Act to authorize the city of Cambridge to fill up a por-
tion OF A creek in said CITY.
Be it enacted, Sfc, as follows:
Section 1. The city of Cambridge is hereby authorized
to fill and make solid that portion of the creek leading from
broad canal to south canal, which lies within the limits of
Broadway, in said city : provided, that said city of Cambridge
shall construct and forever maintain a good and sufficient
culvert under said street, for the drainage of the lands lying
between Broadway and Harvard Street.
Section 2. This act shall take effect from and after its
passage.
Approved February 2, 1860.
I860.— Chapters U, 12, 13, 14. 7
An Act concehning assistant clerks of county commissioners, rjhfjn 1 \
Be it enacted, Sfc, as follows :
Section 1. The assistant clerks of the courts in the f^^^^J^^^^^^^
several counties, shall be assistant clerks of the county com- ^f2^J°J°"^-
missioners.
Section 2. This act shall take effect from and after its
passage. Approved February 2, 1860.
missiouera.
Chap. 12.
An Act making appropriations for the mileage and compensa-
tion OF THE members OF THE LEGISLATURE, AT THE PRESENT
SESSION THEREOF.
Be it enacted, cVc, as folloios :
Section 1. The sums hereinafter mentioned are appro- Appropriation
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 mem-
bers of the senate and house of representatives, at the present
annual session thereof:
For the mileage of senators, a sum not exceeding four Mileage.
hundred dollars.
For the mileage of representatives, a sum not exceeding-
two thousand three hundred dollars.
For the compensation of senators, a sum not exceeding compenaation.
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, 1860.
Chap. 13.
An Act to incorporate the attleborough savings bank.
Be it enacted, Sfc, as follows :
H. M. Richards, S. Bowen, E. Ira Richards, Josiah D. corporatora
Richards, George Morse, their associates and successors, are
hereby made a corporation, by the name of the Attleborough Name.
Savings Bank, to be established and located in the town of
Attleborough ; with all the powers and privileges, and sub- p^^^r., and
ject to all the duties, liabilities and restrictions, set forth in Restrictions.
the thirty-sixth chapter of the Revised Statutes, and in all
other laws of this Commonwealth relating to institutions for
savings. Approved February 2, 1860.
An Act concerning the free public library of the city of QfiQ/n X4
WORCESTER. ^ '
Be it enacted, Sfc, as follows :
Section 1. The city of Worcester is hereby authorized to Donations.
hold the donations of Doctor John Green and of the Worces-
I860.— Chapter 15.
City council to
make appropri-
ation.
ter Lyceum and Library Association, and to provide for the
establishment and support of a Free Public Library, to be
regulated and governed according to the provisions of the
city ordinance passed on the twenty-third day of December,
in the year one thousand eight hundred and fifty-nine, enti-
tled " An ordinance for the establishment of the Free Public
Library of the city of Worcester."
Section 2. The city council of said city are authorized
to make all necessary appropriations for the erection of a
suitable library building, and for the care and preservation
of the library, and for the employment of the officers to be
appointed in pursuance of said ordinance. They may further
appropriate for the establishment of said library, in the year
one thousand eight hundred and sixty, a sum not exceeding
five thousand dollars, and thereafter such further sums as
they see fit, not exceeding three thousand dollars in each
year, for the inci'case of the same.
Section 3. This act shall take eifect from and after its
acceptance by the city council of said city.
Approved February 2, 1860.
Corporators.
Name.
Chap. 15. -^^ ^'^^ ^^ INCORPORATE THE NICKERSOXS' WHARF COMPANT.
Be it enacted, Sfc, as follows :
Section 1. Edward G. Nickerson, Sereno D. Nickerson,
and Thomas W. Nickerson, their associates and successors,
are hereby made a corporation, by the name of the Nicker-
sons' Wharf Company ; with power to purchase and hold in
Location, power fee simplc, auy part or the whole of the estate on New
opurc ase, c. gj.j.ggj.^ jj-^ j^^gj. j^Qg^Qi^^ ^^^^(j knowu as Nlckcrsou's Wharves,
with all the privileges and appurtenances to the same belong-
ing ; and the said corporation may construct docks and
wharves upon said premises, lay vessels within and at the
sides and ends thereof, and receive dockage and wharfage
therefor, and improve and manage said property consistently
with the purposes of this act, and may sell and convey the
Proviao. same or any part thereof: provided, that nothing herein con-
tained shall authorize the said corporation to infringe upon
the legal rights of any person, or to build any wharf or other
structure on the premises which is not now authorized by
law.
Section 2. The capital stock of said corporation shall not
exceed two hundred thousand dollars, divided into shares of
not less than one hundred dollars each.
Section 3. Said corporation shall have all the powers
and privileges, and be subject to all the duties, restrictions
and liabilities, set forth in the sixty-eighth chapter of the
Capital
Powers, restric
tions, &c.
I860.— Chapters 16, 17. 9
General Statutes, passed Decemlier twenty-eighth, one thou- ^*^™f ^^f" ""^'^
sand eight hundred and fifty-nine : provided, hoivever, that Proviso.
the 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 ; and
provided, further, that said wharf shall not extend beyond
the commissioners' line. Approved February 3, 1S60.
An Act to incorporate the arkwright mutual fire insurance Chap. 16.
COMPANY.
Be it enacted, cVc, as follows:
Section 1. Francis Skinner, Charles Amory, Waldo Hig- corporators.
ginson, their associates and successors, are hereby made a
corporation, by the name of the Arkwright Mutual Fire Name.
Insurance Company, in the city of Boston, for tlie purpose Purpose.
of insuring manufactories and other buildings appertaining
thereto and connected therewith, and their contents, against
loss or damage by fire ; with all the powers and privileges, Jj"^!"^^"'"''"'^"
and subject to all the duties, liabilities and restrictions, set
forth in the fifty-eighth chapter of the General Statutes,
passed December twenty-eighth, one thousand eight hundred
and fifty-nine, and all other laws relative to mutual fire
insurance companies.
Section 2. It shall be lawful for the deposit notes given Amount of
i ~. deposit notes.
for insurance ni this company, to be as much as five times
the amount paid as cash premium.
Section 3. This company is hereby authorized to insure i-ocation of
,. , '- •' p-nr 1 HIT • XT insured property.
property situated in the states oi Massachusetts, Maine, New
Hampshire, Vermont, Rhode Island, Connecticut, New
York, New Jersey and Pennsylvania.
Approved February 8, 1860.
An Act in addition to an act to incorporate the cltftondale Chap. 1 7.
railroad company. ^
Be it enacted, §■<?., as follows :
Section 1. The Cliftondale Railroad Company are hereby Location and
authorized to construct their railroad on some convenient
route, from such point on the highway in Maiden, known as
the Newburyport Turnpike, between Salem Street and the
line dividing the towns of Maiden and Melrose, as may be
determined by the selectmen of Maiden, upon and over such
land, outside of the streets and highways, as said company
may determine, to such point in the highway called Wash-
ington Street, in that part of Saugus known as Cliftondale ;
2
10
I860.— Chapter 18.
Right to pur-
chase land, &c.
Laud damages.
Tiaie limited.
Act to be
accepted.
Chan. 18.
Corporators.
Powers, restric-
tions, &c.
or to such point in any street or higliway which may be laid
out, connecting with the aforesaid Washington Street, near
the house of John T. Paine, as may be determined by the
selectmen of Saugus ; and said company shall have all the
rights and powers of railroad corporations, under existing
provisions of law, to purchase or otherwise take any land
necessary for making their railroad outside of the streets
and highways, and shall be subject to all existing provisions
of law applicable to railroad corporations, for the assessment
and payment of damages for land so taken.
Section 2. This act shall be void so far as relates to the
right to construct said road unless the same shall be con-
structed on or before the first day of November, in the year
eighteen hundred and sixty.
Section 3. This act shall take effect on and after the
acceptance thereof by said corporation, at any time within
thirty days after its passage. Approved February 8, 1860.
Connection .'with
other roads.
Capital.
Par yalue.
Real estate, &c.
Time limited.
An Act to incorporate the north attleborough branch rail-
road COMPANY.
Be it enacted, §'c., as follows:
Section 1. E. Ira Richards, William D. Whiting, Josiah
D. Ricliards, and Stephen Richardson, 2d., their associates
and successors, are hereby made a corporation by the name
of the North Attleborough Branch Railroad Company ; with
all tlie powers and privileges, and subject to all the duties,
liabilities and restrictions, set forth in the sixty-eighth chap-
ter of tlie General Statutes, passed December twenty-eighth,
one thousand eight hundred and fifty-nine, and in that part
of the sixty-third chapter thereof relating to railroad corpo-
rations, and all other general laws which have been or may
hereafter be passed relative to railroad corporations.
Section 2. Said company is hereby empowered to locate,
construct and maintain a railroad, with one or more tracks,
from some convenient point in the village of North Attle-
borough to the state line near Valley Falls, in the state of
Rhode Island ; and said corporation may, at said state line,
connect their road with the railroad of any company which
may be established by the state of Rhode Island.
Section 3. Tlie capital stock of said company shall not
exceed one hundred thousand dollars, and it shall be divided
into shares of one hundred dollars each ; and such company
may purchase and hold such real and personal estate as may
be necessary for the purposes of their incorporation.
Section 4. If the location of said road be not filed
within two years, and said railroad constructed within three
I860.— Chapter 19. 11
years from the passage of this act, then the same shall be
void.
Section 5. The said company are hereby authorized and May contract
empowered to contract with the Providence and Worcester Z^^ ^wlltZTr
Railroad Company, for the equipping and running of said Railroad co.
road.
Section 6. This act shall take effect from and after its
passage. Approved February 8, 1860.
An Act to incorporate the stoneham street railroai) company, fjj,^^ i q
Be it enacted, Sfc, as folloivs :
Section 1. John Hill, Lyman Dike, Augustus Barrett, corporators.
their associates and successors, are hereby made a corpora-
tion, by the name of the Stoneham Street Railroad Company ; Name.
with power to construct, maintain and use a railroad, with powers,
convenient single or double tracks, from such point or points Location
in the town of Stoneham as shall be fixed by the selectmen
of the said town, with the assent in writing of said corpora-
tion, filed with said selectmen, and upon and over such of
the streets and highways of said town as shall be from time
to time fixed and determined by said selectmen, with the
assent in writing of said corporation, filed as aforesaid, to
the intersection of the same with the streets and highways of
the town of Melrose ; and then upon and over such of the
streets and highways of the town of Melrose, as shall be from
time to time fixed and determined by the selectmen of said
town, with the assent in writing of said corporation, filed
with the selectmen of said town, and also over and upon svich
other land in said towns as said corporation may elect to
build their road or roads upon and over. Said railroad
track or tracks shall be laid at such distance from the side-
walks in said towns, as the selectmen of said towns, shall
respectively, within the limits of their several jurisdictions,
in their order fixing the routes of said railroad, determine to
be for the public safety and convenience.
Section 2. Before proceeding to locate the track or tracks selectmen togive
of said railroad iji any street or highway, as aforesaid, in °°*"'®' *"
either of said towns of Stoneham and Melrose, the selectmen
of said towns, respectively, shall give notice to the abutters
thereon, by publication in such newspapers as said selectmen
shall determine, at least fourteen days before such meeting,
of the time and place at which they will fix and determine
the location and manner of construction of such track or
tracks ; and such abutters may then and there appear, and
show cause, if any there be, why said track or tracks should
not be so located and constructed.
12 I860.— Chapter 19.
Construction. SECTION 3. Said rallroad shall be constructed and main-
tained in such form and manner, and upon such grade, as
the selectmen of said towns respectively, shall, by their votes,
fixing and determining the routes thereof, as aforesaid, pre-
scribe and direct ; and whenever, in the judgment of said
corporation, it shall be necessary to alter the grade of any
street so occupied by it, the sole expense of such alteration
shall be paid by said corporation ; and such alteration shall
not be made unless the assent of the selectmen of the town
within which it is proposed to be made, shall first be
obtained.
Horse-power only SECTION 4. Said tracks or road shall be operated and used
Reguiatio^ns. ^^^h liorse-powcr only ; 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.
Capital and SECTION 5. The Capital stock of said corporation shall not
exceed fifty thousand dollars, to be divided into shares of
one hundred dollars each.
Real estate. SECTION 6. Said corporatiou shall have power to purchase
and hold such real estate within said towns of Stoneham
and Melrose, or either of them, as may be convenient or
necessary for the purposes and management of said railroad.
Powers of select- SECTION 7. Nothing iu this act shall be construed to pre-
vent the selectmen of either of said towns from entering
upon and taking up any of the public streets or bridges
traversed by said railroad, for any purpose for which they
may now lawfully take up the same.
Repairs of SECTION 8. Said corporation shall keep and maintain in
streets, &c. repair such portions of the streets and bridges, respectively,
Liability for loss, as sliall be occupicd by their tracks, or injured thereby, and
^"^ shall be liable for all loss or injury that any person may sus-
tain 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 recov-
ery shall be had against either of said towns, by reason of
any defect or want of repair in the streets or bridges, caused
by the corporation or its servants, said corporation shall be
liable to pay such towns, respectively, or either of them, any
sums thus recovered against them, together with all costs
and reasonable expenditures incurred by them, respectively,
in defence of any such suit or suits, in which recovery may
be had ; and said corporation shall not use any portion of
the streets or bridges not occupied by said road or tracks. -.
I860.— Chapter 19. 13
Section 9. If any person shall wilfully and maliciously ^||°^|f ^®g°j'^°J
obstruct said corporation or their agents in the use of said tioo, &e.
railroad or tracks, or the passing of the cars or carriages of
said corporation thereon, such persons, and all who shall be
aiding or abetting therein, shall be punished by a fine not
exceeding five hundred dollars, or may be imprisoned in the
common jail for a period not exceeding three months. And
if said corporation or its agents or servants, shall wilfully and
maliciously obstruct any highway, or passing of any carriage
over the same, said corporation shall be punished by a fine
not exceeding five hundred dollars.
Section 10. Said corporation shall have power to fix. Rates of fare.
from time to time, such rates of compensation for transport-
ing persons and property as they may think expedient ; but
the rate of passenger fare shall not exceed five cents per mile
to each passenger ; and sliall have all the powers and privi-
leges, and be siibject to all the duties, liabilities and restric- powers, restric-
tions, set forth in the sixty-eighth chapter of the General "°°^' *'''•
Statutes, passed on the twenty-eighth day of December, in
the year eighteen hundred and fifty-nine.
Section 11. At any time after the expiration of one year Tracks may be
from the opening for use of the tracks of said railroad in any auTthe^iocation
street or road in which the same shall be located, as provided r«^oked.
by its charter, 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 selectmen ; and Expenses of
such taking up and removal shall be at the expense of said '■''°*°''''^
railroad corporation.
Section 12. The towns of Stoneham and Melrose, or ni-hts of towns
either of them, may, at any time during the continuance of amrpropert™**
the charter of said corporation, and after the expiration of
ten years from the opening of any part of said road for use,
purchase of said corporation all the franchise, property,
rights and furniture of said corporation, by paying therefor
such a sum as will reimburse to each person who shall then
be a stockholder therein, the par value of his stock, together
with a net profit of ten per cent, per annum, from the time
of the transfer of said stock to him on the books of the cor-
poration, deducting the dividends received by said stock-
holder thereon ; said towns having the right to purchase
only that part of the corporate property which relates to and
lies within the limits of their own jurisdictions, respectively,
14
I860.— Chapters 20, 21.
Chara<iter and
liabilities of
corporation.
Acceptance of
act.
Conditions, &c.
and paying therefor a proportionate sum on the basis above
mentioned, to be ascertained and fixed by commissioners to
be appointed by the supreme judicial court.
Section 13. Said corporation shall be deemed a railroad
corporation, so far as to be subject to all existing provisions
of law for the taking of land and the assessment and payment
of damages for land outside of the streets, taken by them for
their tracks, and also to make such annual returns to the
legislature as are or may be prescribed by law, and also to
all such general provisions of law as are or may be pre-
scribed, relative to horse or street railroads.
Section 14. This act shall be void so far as relates to the
right to construct said road in either of said towns, unless
the same shall be accepted by the selectmen of said towns,
respectively, and by said corporation, and unless said rail-
road shall be constructed from the post office in the town of
Stoneham to the station of the Boston and Maine Railroad
in tlie town of Melrose, within one year from the passage of
this act.
Section 15. This act shall take effect from and after its
passage. Approveci February 8, 1860.
An Act extending the time for the construction of the fitch-
burg AND WORCESTER RAILROAD.
Be it enacted. §•(■., as follows :
The time granted in chapter four hundred and eighty-
three, of the laws of the year eighteen hundred and fifty-
five, to the Fitchburg and Worcester Railroad Company, to
construct the extension of its railroad, is hereby extended
three years. Approved February 8, 1860.
Chcip. 21. An Act making appropriations for expenses of the state
ALMSHOUSES AND THE HOSPITAL AT RAINSFORD ISLAND.
Be it enacted, ^~c., as follows :
Section 1. The sums hereinafter mentioned are appro"
priated and shall be allowed and paid out of the treasury of
this Commonwealth, from the ordinary revenue, upon the
warrants of the governor, for the purpose of meeting the
current expenses of the institutions hereinafter named, for
the quarter ending March thirty-first, in the year one thou-
sand eight hundred and sixty, to wit:
For the state almshouse at Tewksbury, a sum not exceed-
ing nine thousand dollars.
For the state almshouse at Monson, a sum not exceeding
eight thousand dollars.
For the state almshouse at Bridgewater, a sum not exceed-
ing eight thousand dollars.
Chap. 20.
Time extended
three years.
To meet current
expenses for
quarter ending
March 31,—
Tewksbury.
Monson.
Bridgewater.
I860.— Chapters 22, 23. 15
For the hospital at Rainsford Island, a sum not exceeding Rainaford island.
five thousand dollars.
Section 2. This act shall take effect from and after its
passage. Apjyroved February 8, 1860.
An Act authorizing an increase of the capital stock op the Chap. 22.
CHELSEA GAS LIGHT COMPANY.
Be it enacted^ §'c., as folloios :
Section 1, The Clielsea Gas Light Company are hereby ^^'^''^'o^'; °^
authorized to increase their capital stock, by adding thereto
fifty thousand dollars, and to invest such portion thereof in
real or personal estate, as may be necessary and convenient
for carrying on the business for which said company was
incorporated.
Section 2. This act shall take effect from and after its
passage. Ap^iroved February 8, 1860.
An Act to set off a part of the town op northfield and Qfidp^ 23.
annex the same to the town of erving. "'
Be it enacted, Sfc, as follows. ■
Section 1. That portion of the town of Northfield, Hack's Grant
TTii/-^ •• PI IJJ annexed to
known as Hack s Grant, consisting oi about one nunurea Erving.
and eighty-one acres of land, entirely detached from the
residue of said town of Northfield, and bounded on all sides
by the town of Erving, with all the inhabitants and estates
tliereon, is hereby set off from the town of Northfield, and
annexed to the town of Erving.
Section 2. The said inhabitants and estates so set off, ^iX'^d°ad'^*"
shall be liable to pay all taxes that have been legally assessed justed.
upon them by the town of Northfield ; and until the next
general valuation of estates in this Commonwealth, the town
of Erving shall annually pay to the town of Northfield the
proportion of any state or county tax which the said town
of Northfield may have to pay upon the inhabitants or estates
hereby set off.
Section 3. If any persons who have heretofore gained a Paupers,
legal settlement in the town of Northfield by reason of
a residence on the territory set off as aforesaid, or by
having been proprietors of any part thereof, or who may
derive such settlement from any such resident or proprietor,
shall stand in need of relief or support as paupers, they
shall be relieved or supported by the said town of Erving,
in the same manner as if they had gained a legal settlement
in said town of Erving.
Section 4. This act shall take effect from its passage.
Approved February 10, 1860.
16
I860.— Chapter 24.
Chap. 24.
Boundaries es-
tablished.
Apportionment
of taxes.
Town property
and surplus rev-
enue.
Paupers.
Certain property
to be held by the
two towns re-
spectively.
An Act to incopouate the town of acushnet.
Be it enacted, &i'c., as follows:
Section 1. All that part of the town of Fairhaven which
lies northerly of the following described lines, viz., begin-
ning at a stone monument at " Tripp's Corner," in the
division lines between the towns of Fairhaven and Mattapoi-
sett, thence from said stone monument in a south-west
westerly direction, in a straight line, to the south-east corner
of the " Royal Hathaway farm," so called, thence in the
south line of said farm, to the south-west corner bound
thereof, thence continuing westerly in the same direction to
the centre of the channel of the Acushnet River, or division
line between the town of Fairhaven and the city of New
Bedford, is hereby incorporated into a separate town, by the
name of Acushnet ; and the said town of Acushnet is hereby
vested with all the powers and privileges, rights and immu-
nities, and shall be subject to all the duties and requisitions,
to which other towns are entitled and subjected by the con-
stitution and laws of this Commonwealth.
Section 2. The inhabitants of said town of Acushnet
shall be holden to pay to the collector of the town of Fair-
haven all arrearages of taxes legally assessed upon them
before this act takes effect ; and also their proportion of
such state and county taxes as may be assessed upon them
before the taking of the next state valuation, said proportion
to be ascertained and determined by the last valuation of
the said town of Fairhaven ; and said town of Acushnet
shall be holden to pay four twenty-thirds of the debts due
and owing from the town of Fairhaven at the time of the
passage of this act, and be entitled to receive four twenty-
thirds of all the real and personal property and assets owned
by or due to the said town of Fairhaven ; and shall be liable
to refund to said town of Fairhaven four twenty-thirds of
the " surplus revenue," when the same is called for, accord-
ing to the provisions of law.
Section 3. The said towns of Fairhaven and Acushnet
shall be respectively liable for the support of all persons who
now do and who may hereafter stand in need of relief as
paupers, whose settlement was gained by or derived from a
settlement gained or derived within their respective limits.
Section 4. The towns of Fairhaven and Acushnet shall
hold the following described property, situate in their
respective limits, as valued by their committee appointed
June twenty-fifth, in the year eighteen hundred and fifty-
nine, " for the purpose of presenting information to the legis-
lature to enable them to make a just and equitable appor-
I860.— Chapter 24. 17
tionment of the public property, debts and burdens, between
the towns," viz. : the town of Fairhaven shall exclusively
hold the almshouse, farm, and property appertaining thereto ;
the high school-house, lot and fixtures, the engine-hoUse and
lot in Oxford Village, and the engine and fixtures contained
therein ; the engine-house and lot in the village of Fair-
haven, and the engine and fixtures therein ; two second
hand engines now in the village ; the town-house lot ; the
watch-house and lot ; L. S. Aiken's gravel lot ; one safe in the
town clerk's office ; and so much of other property as will
make nineteen twenty-thirds of the public property as valued
by said committee. The town of Acushnet shall exclusively
hold the engine-house and lot, together with the engine and
fixtures in Acushnet Village ; the school-house and lot in
school district number eighteen ; two town pounds ; the
" Freeman Hathaway lot ;" the " Samuel Stacy lot," and so
much of other property as will make four twenty-thirds of
the public property as valued by said committee. All other
property which may hereafter be found to belong to the
town of Fairhaven, and not specified by the said committee
at the time of the passage of this act, shall be divided on
the same basis, viz. : nineteen twenty-thirds to the town of
Fairhaven, and four twenty-thirds to the town of Acushnet.
Section 5. The town of Acushnet shall remain a part of Districts, sena-
the same districts, representative, senatorial, councillor and a°ive','&c^'^^^*"
congressional, as the town of Fairhaven, until said districts
are altered by due authority of law.
Section 6. Any justice of the peace in and for the Town meeting,
county of Bristol, is hereby authorized to issue his warrant '^o^ '=^'^^*^-
to any principal inhabitant of the town of Acushnet, requir-
ing him to warn the legal voters of said town to meet at the
time and place therein appointed, for the purpose of choos-
ing all such town officers as towns are by law authorized and
required to choose at their annual meetings ; and said war-
rant shall be served by publishing a copy thereof in some
newspaper published in the city of New Bedford, and by
posting up copies thereof (all attested by the person to whom
the same is directed) in four public places in said town,
seven days at least before the time of meeting. The select- List of voters,
men of Fairhaven shall, before said meeting, prepare a list
of voters in said town of Acushnet, qualified to vote at said
meeting, and shall deliver the same to the person presiding
at said meeting, before the choice of moderator thereof.
Section 7. This act shall take effect from and after its
passage. Approved February 13, 1860.
3
18
I860.— Chapter 25.
Chap. 25.
Capital reduced.
Proviso.
Mode of reduc-
tion.
LiabilitieH.
An Act to reduce the capital stock of the bay state bank.
Be it enacted^ Sfc, as follows :
Section 1. From and after the first day of April next,
the president, directors and company of the Bay State
Bank, in Lawrence, are hereby authorized to reduce their
capital stock to the sum of three hundred and seventy-five
thousand dollars : provided, that no dividend of any part of
the present capital stock shall be made, nor shall such
reduction take place until a commissioner, to be appointed
by the governor and council, for that purpose, at the
expense of such corporation, shall have certified, in writing,
to the governor and council, after due examination, that the
said corporation has sufficient funds for the payment of all
notes, bills, deposits, and other demands existing against it,
and that after payment thereof, and tlie repayment to its
stockholders of the amount hereby authorized to be deducted
from its present capital stock, the net sum of three hundred
and seventy-five thousand dollars will remain in said bank
as capital stock, in funds available for all usual and proper
banking purposes.
Section 2. The reduction of the capital stock of said
bank shall be made by reducing the par value of the shares,
in the same, from one hundred dollars to seventy-five
dollars, and refunding to the holders the difference, accord-
ing to a vote of the stockholders thereof, ])assed at a special
meeting held October twentieth, in the year one thousand
eight hundred and fifty-nine.
Section 3. From and after the first day of April next,
previous to which time the commissioner herein provided
for shall make and deliver his certificate to the governor
and council, as aforesaid, all the rights, duties and liabilities
of said bank shall have relation to, and be governed by said
reduced capital stock of three hundred and seventy-five
thousand dollars ; and until the said first day of April next,
and until the said certificate shall have been made and
delivered, as aforesaid, the said bank shall continue to pay
into the treasury of the Commonwealth, the tax required
by law to be paid on the present capital of said bank ; and
nothing contained in this act shall be construed to affect
the liability of said corporation, or of the individual stock-
holders, as established by the act incorporating said bank,
and the several acts in addition thereto.
Section 4. This act shall take effect from and after its
passage. Approved February 15, 1860.
I860.— Chapters 26, 27, 28. 19
An Act to incorporate the tri-mountain mutual fire insur- ^j q/>
ANCE COMPANY. i^/ldp. ZD.
Be it enacted, ^c, as folloivs :
Timothy H. Smith, David N. Holmes, Owen Lappen, corporators.
their associates and successors, are hereby made a corpora-
tion by the name of the Tri-Mountain Mutual Fire Insur- Name.
ance Company, to be established in the city of Boston, for Location.
the purposes of effecting mutual insurance upon dwelling- Purposes.
houses, other buildings, and personal property, against loss
or damage by fire ; with all the powers and privileges, and powers, re.stric
subject to all the duties, liabilities and restrictions, set forth ''""^ &".
in the fifty-eighth cliapter of the General Statutes, passed
December twenty-eighth, eighteen hundred and fifty-nine,
and to all other laws applicable to mutual fire insurance
companies. Approved February 16, 1860.
An Act to incorporate the kenoza lake club. Chon 97
Be it enacted, Sfc, as folloivs :
Section 1. James H. Carlton, Samuel White, Eleazer corporators.
A. Porter, their associates and successors, are hereby made Name.
a corporation by the name of the Kenoza Lake Club, for the purpo.se.
purpose of securing, embellishing, and perpetuating a
pleasure ground in the town of Haverhill, on the shore of Location.
Kenoza Lake.
Section 2. Said corporation may hold real and personal Property, real
estate for the aforesaid purposes, to an amount not exceed- »"<! p'^'"«o°=^'-
ing fifteen thousand dollars. Approved February 20, 1860.
An Act to incorporate the union gas light company in
attleborough.
Chap. 28.
Be it enacted, §'c., as follows :
Section 1. Joseph W. Capron, Willard Blackington, corporators.
Capron Peck, Albert M. Everett, and Homer M. Daggett,
their associates and successors, are hereby made a corpora- Name.
tion by the name of the Union Gas Light Company, in
Attleborough, for the purpose of manufacturing and selling Purpose,
gas in the town of Attleborough ; with all the powers and Location.
privileges, and subject to all the duties, restrictions and y°n"'^/''^'*"''"
liabilities, set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes, and of all other acts passed
relating thereto.
Section 2. Said corporation may, for the purpose afore- R«ai estate.
said, hold real estate not exceeding in value twenty thou-
sand dollars ; and the whole capital stock shall not exceed capital stock.
twenty-five thousand dollars.
20
I860.— Chapters 29, 30.
Power to sink
pipes, how
granted.
Repairs of high-
ways, &c.
Section 3. Said corporation, with the consent of the
selectmen of the town of Attleborough, shall have power
and authority to open the ground in any of the streets,
lanes and highways in the second parish in said town, for
the purpose of sinking or repairing such pipes and conduc-
tors as may be necessary for the purpose aforesaid ; and the
aforesaid 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 : provided^ that the said selectmen for the time
being, shall at all times 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, or con-
venience of the inhabitants of said town.
Section 4. This act shall take effect from its passage.
Approved February 20, 1860.
An Act to incorporate the union mill company.
Be it enacted, ^c, as follows :
Section 1. David Anthony, S. Angier Chase, Hale
Remington, their associates and successors, are hereby made
a corporation by the name of the Union Mill Company, for
the purpose of manufacturing cotton goods in the city of
Fall River, in the county of Bristol ; 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 the several acts in addition thereto relating to manufac-
turing corporations.
Section 2. The said corporation may hold, for the pur-
pose aforesaid, real estate to the amount of one hundred
thousand dollars ; and the whole capital stock 'of said corpo-
ration shall not exceed the amount of five hundred thousand
dollars.
Section 3. This act shall take effect from and after its
passage. Approved February 20, 1860.
Chap. 30. An Act to incorporate the boston and Gloucester steam-boat
company.
Be it enacted, ^c, as folloivs :
Corporators. Section 1. Gorham p. Low, George F. Wonson, and
William F. Davis, their associates and successors, are hereby
Name. made a corporation, under the name of the Boston and
Purpose. Gloucester Steam-boat Company, for the purpose of running
one or more steam-boats between Boston and Gloucester, and
Capital. intervening places, with a capital of seventy-five thousand
dollars ; and for this purpose shall have all the powers and
Chap. 29.
Corporators.
Name.
Purpose.
Location.
Powers, restric-
tions, &c.
Real estate.
Capital.
I860.— Chapters 31, 32. 21
privileges, and be subject to all the duties, restrictions and fj^^g""^^'®**"""
liabilities, set forth in the sixtieth and sixty-eighth chapters
of the General Statutes, passed on the twenty-eiglith day of
December, in the year eighteen hundred and fifty-nine.
Section 2. The capital stock of this company shall be Par value of
divided into shares of fifty dollars each.
Approved February 20, 1860.
An Act to continue a ferry in Gloucester harbor. Chap. 31.
Be it enacted, ^c, as follows:
Authority is hereby granted to Israel C. Gill, of Glouces- Ferry continued.
ter, in the county of Essex, to his associates and successors,
to continue the ferry in Gloucester Harbor, between the
village of Gloucester and Eastern Point, in said town, for
the term of ten years ; with all the privileges and immunities, Time.
and subject to all the liabilities and restrictions provided by fi°"^''^^^^^'"'=-
the act establishing the aforesaid ferry, entitled " An Act
establishing a Ferry at Gloucester Harbor," chapter one
hundred and fifty-one of the acts of the year one thousand
eight hundred and fifty. Approved February 20, 1860.
An Act to incorporate the rockport railroad company. Chap. 32.
Be it enacted, ^'c, asfolloios:
Section 1. Henry Dennis, James Manning, Eben Blatch- corporators.
ford, Levi Sewell, George D. Hale, and William Haskins,
their associates and successors, are hereby made a corpora- Name.
tion by the name of the Rockport Railroad Company ; with ^^^f''^^'*^'™"
all the powers and privileges, and subject to all the duties,
restrictions and liabilities, set forth in the sixty-eighth chap-
ter of the General Statutes, passed on the twenty-eighth day
of December, in the year one thousand eight hundred and
fifty-nine, and in that part of the sixty-third chapter thereof,
relating to railroad corporations, and in all other general
laws, which shall hereafter be enacted relative to railroad
corporations.
Section 2. The said corporation is hereby authorized to i-ocation, &c.
locate, construct and maintain a railroad, with one or more
tracks, from some convenient point in the town of Rockport,
to some convenient point on the Gloucester Branch Railroad,
in the town of Gloucester, and to enter with their railroad,
by proper turnouts and switches, upon the Gloucester Branch
Railroad at the point of intersection, and to use the same,
or any part thereof, according to law.
Section. 3. The capital stock of said corporation shall capital.
not exceed two thousand shares, the number of which shall
be determined from time to time by the directors of said
22
1860.--CHAPTERS 33, 34.
Time of location,
&c.
Shares. Corporation ; and no assessments shall be laid thereon of a
greater amount in the whole than one hundred dollars on
Real estate. each share ; and the said corporation may take, purchase
and hold such real estate as may be necessary for the pur-
poses of their incorporation.
Section 4. If the location of this road be not filed
within two years, and if the said railroad be not constructed
within three years from the passage of this act, then this act
shall be void.
Sale or lease of SECTION 5. Said corporatiou are hereby authorized to
sell and transfer their franchise, and all their rights under
this act, or to lease their road and other property, either for
a limited time or perpetually, to the Eastern Railroad Com-
pany, or to any other corporation, person or persons, on such
terms as shall be mutually agreed upon.
Section 6. This act shall take effect from its passage.
Approved February 20, 1860.
Chap. 33.
Corporators.
Name.
Location.
Purpose.
Powers, restric-
tions, &c.
Property.
Repealing sec-
tion.
An Act to incorporate the haverhill library association
Be it enacted, Sfc, as follows:
Section 1. Joseph A. Shores, Warren Johnson, Rufus
H. Tilton, Bradstreet P. Woodman, their associates and
successors, are hereby made a corporation by the name of
the Haverhill Library Association, to be established in the
town of Haverhill, in the county of Essex, for the purpose
of maintaining a library and reading-room, and promoting
public instruction by lectures, or otherwise ; with all the
powers and privileges, and subject to all the duties, restric-
tions and liabilities, set forth in the General Statutes.
Section 2. Said corporation may hold real and per-
sonal estate to an amount not exceeding in the whole the
sum of thirty thousand dollars, the income of which shall
be devoted to the aforesaid purposes.
Section 3. Chapter twenty-five of the acts of the year
one thousand eight hundred and fifty-two, entitled " An Act
to incorporate the Haverhill Atheneum," and also chapter
seventy-nine of the acts of the year one thousand eight
hundred and fifty-six, entitled " An Act to incorporate the
Haverhill Mechanics' Institute," are hereby repealed.
Approved February 20, 1860.
Chap. 34.
Amount author-
ized.
An Act to authorize the town of rockport to take stock
IN the rockport railroad company.
Be it enacted, Sfc, as folloivs :
Section 1. The town of Rockport, in the county of
Essex, is hereby authorized to subscribe for and hold shares.
I860.— Chapter 35. 23
in the capital stock of the Rockport Railroad Company, to
the amount of fifty thousand dollars : provided, the inhabi- Proviso.
tants of said town, at a legal town meeting duly called for
that purpose, shall, bv a vote of two-thirds of the legal Two-thirds vote
, . 1 1 . , 1 , , 1 •! /• of inhabitants
voters present and voting thereon, vote to subscribe tor required.
such shares in accordance with the terms of this act, to pay
for the same out of the town treasury, and to hold the same other conditions
as town property, subject to the disposition of the town for
public purposes, in like manner as any other property which
it may possess.
Section 2. The said town of Rockport is hereby author- Loan or tax
ized to raise, by loan or tax, any sums of money which shall ^'^'^'1°™'"^
be required to pay its instalments or its subscriptions to said
stock and interest thereon.
Section 3. This act shall take effect from its passage.
Ajyproved February 24, 1860. •
An Act to incorporate the melrose and south reading rail- QJian. 35.
ROAD COMPANY. -* '
Be it enacted, §'c., as folloius :
Section 1. Samuel Rice, Jeremiah Martin, Samuel 0. corporators.
Dearborn, William Bogle, Henry A. Norris, and Loring L.
Fuller, their associates and successors, are hereby made a
corporation by the name of the Melrose and South Reading
Railroad Company ; with power to construct, maintain and
use a railroad, with convenient single or double tracks, from Location.
such point or points of intersection in Maiden, in the county
of Middlesex, with the railroad of the Maiden and Melrose
Railroad Company — sucli point or points of intersection to
be fixed by the selectmen of said town of Maiden, with the
assent of said corporation in writing expressed, and filed
with said selectmen — and upon and over such of the streets
and highways of said town, as shall be from time to time
fixed and determined by said selectmen, with the written
assent of said corporation filed as aforesaid ; thence upon
and over such of the streets and highways of the town of
Melrose to the south boundary of the town of South Read-
ing, as shall be from time to time fixed and determined by
the selectmen of said town of Melrose, with the written
assent of said corporation, filed as aforesaid ; thence over
and upon such of the streets and highways of said town of
South Reading as shall be, from time to time, fixed and
determined by the selectmen of said town of South Reading,
with the written assent of said corporation filed as aforesaid :
and all tracks of said railroad shall be laid at such distances Powers of seiect-
from the sidewalks in said towns as the selectmen of said ™^°
24
I860.— Chapter 35.
Powers, duties,
&c.
Notice to abut-
ters.
Power to use
other roads or
tracks.
Motive power.
Regulation of
speed, &c.
Repairs of liigh-
ways.
Liability.
towns shall respectively, in their orders fixing the route of
said railroad, determine. And said corporation shall have
power to fix, from time to time, such rates of compensation
for transporting persons and property as they may think
expedient, at a rate not exceeding five cents per mile for
each passenger; and shall have all the powers and privileges,
and be subject to all the duties, liabilities and restrictions,
set forth in the sixty-eighth chapter of the General Statutes,
passed December twenty-eighth, in the year eighteen hun-
dred and fifty-nine. Notice to abutters on streets and high-
ways, in which it may be proposed to lay the tracks of said
corporation, shall be given by the publication in such news-
papers as the selectmen of said towns shall determine, four-
teen days at least before the location of any such tracks, and
also by posting in three public places in each of the towns
of Maiden, Melrose, and South Reading, notice of said pro-
posed location, fourteen days, at least, before the same shall
be made.
Section 2. The corporation hereby created may enter
upon and use the tracks of the Maiden and Melrose, and
Middlesex Railroad Companies, in such mode, and upon
such rates of compensation, as may be agreed upon ; or in
case of disagreement, such mode and rates shall be fixed by
three commissioners, to be appointed by the supreme judi-
cial court : provided, that said corporation sliall not inter-
fere with the legitimate business of said Maiden and Melrose,
and Middlesex Railroad Companies
Section 8. Said tracks, or roads, shall be operated and
used by said corporation, with horse-power only. 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.
Section 4. Said corporation shall keep and maintain in
repair such portion of the streets and highways 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 any of its
agents and servants, in the management, construction, or
use of said roads, tracks or highways ; and in case any
recovery shall be had against either of said towns, by reason
of such defect or want of repair, said corporation shall be
liable to pay such towns respectively, or either of them, any
sums thus recovered against them, together with all costs
and reasonable expenditures incurred by them respectively,
in the defence of any such suit or suits, in which recovery
I860.— Chapter 35. 25
may be had ; and said corporation shall not use any portion Restriction.
of the streets or highways, not occupied by said road or
tracks.
Section 5. If any person shall wilfully and maliciously obstructions
obstruct said corporation in the use of said road or tracks, ^""'^ ^
or the passing of the cars or carriages of said corporation
thereon, such person, and all who shall be aiding or abetting
therein, shall be punished by a fine not exceeding five hun-
dred dollars, or by imprisonment in the common jail for a
period not exceeding three months.
Section 6. If said corporation, or its agents or servants, °i''',^^"''"°\°f
shall wilfully and maliciously obstruct any highway, or the isuabie.
passing of any carriages over the same, such corporation
shall be punished by a fine not exceeding five hundred /
dollars.
Section 7. The capital stock of said corporation shall capital.
not exceed one hundred thousand dollars, to be divided into shares.
shares of fifty dollars each.
Section 8. Said corporation shall have power to pur- Real estate.
chase and hold such real estate, within said towns, or either
of them, as may be convenient or necessary for the purposes
and management of said road.
Section 9. The said road shall be constructed and main- selectmen to di-
, . T • 1 p 1 T 11 rect construc-
tained in such lorm and manner, and vipon such grade, as tion, &c., of
the selectmen of said towns, 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 Proviso,
be assented to by the selectmen of the town within which
such alteration is to be made.
Section 10. Nothing in this act shall be construed to ^°^l^°l ^^seifc't'
prevent the selectmen of either of said towns, from entering men.
upon and taking up any of the public streets or highways
traversed by said railroad, for any purpose for which they
may now lawfully take up the same.
Section 11. At any time after the expiration of one Discontinuance
• o f>iji\(»-i-i 1 of road in cer-
year from the opening tor use oi the tracks oi said railroad, tainca.se3.
in any street or road, in which the same shall be located, as
provided by its charter, the selectmen of said towns, respec-
tively, may determine as to so much of said tracks, as is
located within their respective limits, that the same, or any
part thereof, be discontinued ; and thereupon the location
shall be deemed to be revoked, and the tracks of said rail-
road shall forthwith be taken up and removed, in conform-
i
26
I860.— Chapter 36.
Towns may pur-
chase road.
ity with the order of said selectmen ; and such taking up
and removal shall be at the expense of said railroad cor-
poration.
Section 12. The towns of Maiden, Melrose, and South
Reading, or either of them, may, at any time during the
continuance of the charter of said corporation, and after the
expiration of ten years from the opening of any part of said
road for use, purchase of said corporation, all the franchise,
property, rights and furniture of said corporation, by pay-
ing therefor such a sum as will reimburse to each person
who shall then be a stockholder therein, the par value of his
stock, together with a net profit of ten per cent, per annum,
from the time of the transfer of said stock to him on the
books of the corporation, deducting the dividends received
by said stockholders thereon ; said towns having the right
to purchase only that part of the corporate property, which
relates to and lies within the limits of their own jurisdictions
respectively, and paying therefor a proportionate sum, on
the basis above mentioned, to be ascertained and fixed by
commissioners to be appointed by the supreme judicial
court.
Section 13. This act shall be void, so far as relates to
the right to construct said road, in either of said towns,
unless the same shall be accepted by the selectmen of such
Time of construe- towus rcspectivcly, and unless the same shall be accepted by
tion limited. said corporation, aiid unless said road shall be constructed
on or before the first day of November, in the year eighteen
hundred and sixty-one.
Section 14. Said corporation shall be deemed a railroad
corporation, so far as to be subject to make such annual
returns to the legislature as are, or may be, prescribed by
law ; and also so far, as to be subject to all existing pro-
visions of law for the assessment and payment of damages
for the land outside of the streets and highways taken by
them for their tracks ; and to all general provisions of law
that are, or may be prescribed, relative to horse or street
railroads.
Section 15. This act shall take effect from its passage.
Approved February 24, 1860.
Act to be accept
ed.
Annual returns.
Liabilities, &c.
Chap. 36. ^ ■^^'^ '^^ IlSrCORPORATE THE CITIZENS' GAS LIGHT COMPAXY, OP
QUINCy.
Be it enacted, ^'c, as follows :
Corporators SECTION 1. Danicl P. Nye, F. M. Johnson, Eleazer
Fredericks, their associates and successors, are hereby made
Title. a corporation by the name of the Citizens' Gas Light Com-
I860.— Chapters 37, 38. 27
pany, of Qiiincy, for the purpose of manufacturing and Purpose.
selling gas in the town of Quincy ; with all the powers and Powers, duties,
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 all other acts
passed relating thereto.
Section 2. Said corporation may, for the purpose afore- Reai estate
said, hold real estate not exceeding in value twenty-five
thousand dollars, and the whole capital stock shall not capital.
exceed one hundred thousand dollars.
Section 3, Said corporation, with the consent of the Power to open
1 /.I n r\ • A -i-i ^ ji J Streets, &c., to
selectmen of the town oi Quincy, shall have the power and sink pipes.
authority to open the ground in any part of the streets,
lanes and highways in said town, for the purpose of sinking
or repairing such pipes and conductors as it may be neces-
sary to sink for the purpose aforesaid ; and the said corpo- Highways to be
. ,. . '^ ,^ 1-1 1 put' 'u repair.
ration, alter opening the ground in sucli 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 at Powers of seieet-
all times 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 or convenience of the
inhabitants of said town. Approved February 24, 1860.
An Act to incorporate the cape ann mutual fishing insurance Chap. 37.
COMPANY.
Be it enacted, ^c, as follows :
Joseph 0. Procter, George F. Wonson, Fitz E. Riggs, corporators.
their associates and successors, are hereby made a corpora-
tion by the name of the Cape Ann Mutual Fishing Insurance ^Hie.
Company, to be established in the town of Gloucester, for Location,
the purpose of making insurance against maritime losses on Purpose,
fishing vessels and their outfits, on the principle of a mutual P'an.
insurance company ; and for this purpose shall have all the Powers, duties,
powers and privileges, and be subject to all the duties,
restrictions and liabilities, set forth in the fifty-eighth chapter
of the General Statutes passed on the twenty-eighth day of
December, in the year eighteen hundred and fifty-nine, and
all other laws applicable to insurance companies.
Approved February 24, 1860.
Chap. 38.
An Act to incorporate the new london northern railroad
COMPANY.
Be it enacted, ^c, as follows :
Section 1. Thomas W. Williams, Robert Coit, Francis corporators.
Allyn, William G. Johnson, and others, holders of seven per Title.
28
I860.— Chapter 38.
Powers, duties,
&c.
Capital.
Shares.
How transferred.
&c.
Public notice by
corporators.
Subscription of
bondholders, &c.
Bondholders au-
thorized to take
stocli.
Conditions, &c.
Public notice of
first meeting.
Organization.
Votes and prox-
Appraisers to be
appointed in cer-
tain cases.
cent, first mortgage bonds of the New London, Willimantic
and Palmer Railroad Corporation and the holders of the
coupons thereto belonging, their associates and successors,
are hereby made a corporation by the name of the New Lon-
don Northern Railroad Company, and are authorized to
acquire and hold all the rights, powers, privileges, immuni-
ties and franchises, heretofore granted to or conferred upon
said New London, Willimantic and Palmer Railroad Corpo-
ration, subject to all the duties, restrictions and liabilities,
to which they are subject by the laws of this Commonwealth.
Section 2. The capital stock of the company shall be
three hundred thousand dollars, and shall be divided into
shares of one hundred dollars each, which shares shall be
deemed personal property, and be transferred in such manner
and at such places as the by-laws of the said company direct.
Section 3. The persons named in the first section hereof,
or a; majority of them, shall, first giving public notice of the
time and place, open books for subscriptions to the capital
stock of the company, and shall, under such regulations as
they or a majority of them may adopt for the purpose,
receive the subscriptions of holders of said bonds, and also
of coupons thereto belonging, which shall be past due, and
unpaid at the time said books shall be so opened for subscrip-
tions, one share for each one hundred dollars payable in said
bonds and coupons only.
Section 4. All persons holding such bonds, or coupons
thereto belonging, in any fiduciary or representative capaci-
ty, or by way of pledge or mortgage, are hereby as fully
authorized to subscribe for and accept the stock of the com-
pany, in exchange for such bonds or coupons as though they
held the same absolutely in their own right, and shall hold
the stock which they shall receive upon the same trusts and in
the same manner as the bonds or coupons which they held
originally.
Section 5. When stock shall have been subscribed
to the amount of twenty thousand dollars, in first mortgage
bonds, public notice of the time and place of holding the
first meeting of the stockholders may be given for the pur-
pose of organizing the company and choosing a board of
directors, not to exceed nine in number ; and each stock-
holder present at such meeting, either in person or by
proxy, shall be entitled to one vote for each share so held by
him.
Section 6. Li case any holder of such bonds, or past
due unpaid coupons thereto belonging, neglects or refuses
to subscribe to the capital stock of the company, to the full
I860.— Chapter 38. 29
amount of bonds and coupons so held, for the period of sixty
days after said corporation shall have been organized in
manner authorized by the fifth section of this act, and said
company cannot agree with such holder of bonds or coupons
as to the amount to be paid for the interest so held in the
property and franchises of the said New London, Williman-
tic and Palmer Railroad Corporation, it shall be the duty of
the corporation hereby created, to apply to a judge of the
superior court for the appointment of appraisers, and to
cause such notice of the pendency of the application to be
given to the trustees for the said seven per cent, bonds, and
to the parties neglecting and refusing to subscribe, as such
judge may order ; and thereupon said judge shall appoint J>uties of apprais-
three disinterested and judicious freeholders to estimate and *"^'^'
appraise the entire pi-operty and franchise of the New Lon-
don, Willimantic and Palmer Railroad Corporation, conveyed '
by said company in trust for the security of said bonds, having
reference as well to its value for railroad purposes under the
charter of said New London, Willimantic and Palmer Rail-
road Corporation and the trust deeds given by said corpora-
tion for the security of said bonds, as to its intrinsic value,
and to make return thereof to said trustees, and to the office Appraisers to
of the secretary the Commonwealth ; and thereupon every ^^ ^ ^^ "'^°^'
person so having neglected and refused to subscribe to the ^'f*'**g°*^ ^°^^'
capital stock of the company, shall be at liberty at any time
within thirty days after such appraisal and return shall be
made, to subscribe to the capital stock of the company on
the same terms as the parties who have previously subscribed,
or to demand of the company payment in money, of such
proportion of said appraised value, as the amount of bonds
or coupons held by such person, and not subscribed as
aforesaid, bears to the whole amount of bonds and the
coupons thereto belonging and past due at the time said
books were opened for subscriptions as before provided,
which sum of money said company is hereby required to pay
on demand. And in case any person or party shall neglect
or refuse for the period aforesaid to subscribe to the stock to
the full amount of such bonds or coupons held, or make
demand of said company for the proportion of money which
shall be due and payable, said company shall, within thirty company to de-
days, deposit with the trustees for the time being, for said unciai^dTonds
seven per cent, bonds, such proportion of the estimated value ^^^i trustees.
aforesaid as the amount of bonds and coupons so not sub-
scribed bears to the whole amount of said seven per cent,
bonds and coupons thereto belonging and past due and
unpaid at the time said books were opened for subscription
30
I860.— Chapter 38.
Further sub-
scriptions to
stock authorized
Of foreclosure
and possession
as before provided, to the use of the party or parties so
having neglected and refused to subscribe, and to be paid to
them by the said trustees on demand, on the surrender of
their bond or bonds, or coupons, in the proportion to which
they may be entitled as before provided ; and thereupon the
interest of the party having so neglected and refused to sub-
scribe to the capital stock, shall forever belong to said corpo-
ration and its assigns, for the uses and purposes for which
the same is incorporated.
Section 7. After said corporation shall have been organ-
ized, further subscriptions may be received to the capital
stock, payable in cash, or bonds and coupons as aforesaid, to
-an amount which, with the amount previously subscribed,
shall not exceed said sum of three hundred thousand dollars :
provided, that no cash subscription shall be received to the
exclusion of a subscription by a holder of bonds or of coupons
past due and unpaid at the time books shall have been first
opened as aforesaid.
Section 8. Whenever, and as soon as the interest of the
New London, Willimantic and Palmer Railroad Corporation,
and of the subsequent mortgages, in the property, right, and
franchises conveyed by said corporation, in trust for the
special security of said seven per cent, bonds, shall be extin-
guished by decree of foreclosure and lapse of time limited
therefor, or otherwise, the corporation organized under the
authority hereby granted, may take possession of all the
property and franchises conveyed by said New London, Wil-
limantic and Palmer Railroad Corporation in this Common-
wealth, in trust, by first mortgage, for the security of said
bonds, and exercise all rights and powers, and enjoy all the
privileges and immunities conferred upon such organization
i3y the first section of this act.
Section 9. When said corporation shall have been
liabilities of trus"^ Organized as herein provided, and the whole amount of said
bonds and coupons shall have been subscribed by the holders
to the capital stock, or the property and franchises of the
New London, Willimantic and Palmer Railroad Corporation
shall have been appraised in pursuance of this grant, and
the amount of money which the parties neglecting and
refusing to subscribe are entitled to, shall have been deposited
with the trustees for their use, as herein required, and the
interest of said New London, Willimantic and Palmer
Railroad Corporation and the subsequent mortgagees, shall
have become extinguished, as also herein provided, it shall
be lawful for, and the duty of said trustees to deliver the
possession to the company hereby incorporated, of all the
Condition upon
■which duties and
I860.— Chapter 38. 31
property, rights and franchises held by them in trust ; and
thereupon said trustees shall pay to the holders of said bonds
and coupons, all moneys in their hands in the proportion to
which they may be entitled by the terms of the deed of trust
and the provisions of their charter ; and thereupon their
duties and liabilities as trustees shall cease.
Section 10. The trustees under the mortgage covering superior court to
that portion of the raih-oad of the New London, Willimantic foreclosure.
and Palmer Railroad Corporation, which is in this Common-
wealth, are hereby authorized to apply to the superior court
of the county of Hampden, by petition, for a foreclosure of
said mortgage ; and such petition may be filed either in term
time or vacation ; and upon the filing of the same, either of conditions, &c.
the judges of said court, either in term time or vacation,
may issue an order of notice upon said petition, to be served
upon the secretary or clerk of said last named corporation,
or some director thereof, and also upon the trustees for the
subsequent mortgagees, and also upon the city of New
London, at least fourteen days before the session of the court
to which the same is returnable, and to be published for
three weeks successively in some newspaper in said county
of Hampden ; the last publication to be at least fourteen
days before such order of notice is returnable ; and if it
shall then be made to appear to the satisfaction of said court
that the principal of said bonds, or the interest thereon for
more than two years, has become due and remained unpaid,
the said court thereupon may enter a decree of foreclosure,
limiting and defining some reasonable time, not less than
three months, within which said mortgage shall be forever
foreclosed, unless said New London, Willimantic and Palmer
Railroad Corporation or their assigns, or the subsequent
mortgagees, shall, before the expiration thereof, duly pay
the principal and interest then due ; in default of which
payment, said decree of foreclosure shall become effective,
and forever debar the subsequent mortgagees and stock-
holders from redemption.
Section 11. Tlie New London Northern Railroad Com- consolidation
pany established by the legislature of the state of Connecti- Mction°''orroad
cut, may, by vote duly passed at a legal meeting, and with a""^°"^ed.
the consent of the corporation hereby established, become conditions.
stockholders of said last named corporation ; and thereupon
the two corporations established in Connecticut and Massa-
chusetts, under the name of the New London Northern Rail-
road Company, shall become united into one corporation
under such common name, with a capital not exceeding the capital.
amount of the joint capital of both corporations ; and all
32
I860.— Chapters 39, 40, 41.
Rights, property, the tolls, fraiicliises, rights, powers, privileges and property,
granted or to be granted or acquired under the authority of
the state of Connecticut, or of this Commonwealth, shall be
held and enjoyed by all the said stockholders in proportion
to their number of shares in either or both of said companies.
Section 12. This act may be altered, amended or repealed,
at the pleasure of the legislature of the Commonwealth of
Massachusetts.
Section 13. This act shall take effect from its passage.
Approved February 24, 1860.
Power of repeal,
&c.
An Act to incorporate the nahant house company.
Be it enacted, Sfc, as follows :
Section 1. Henry Newhall, H. F. Newhall, their asso-
ciates and successors, are hereby made a corporation by the
name of the Nahant House Company, for the purpose of
holding, improving and maintaining the pul)lic house called
the Nahant House, with the buildings and appurtenances
thereto belonging, situated in the town of Nahant ; and for
these purposes shall have all the powers and privileges, and
be subject to all the duties, restrictions and liabilities, set
forth in the sixtieth and sixty-eighth chapters of the General
Statutes passed on the twenty-eighth day of December, in
the year eighteen hundred and fifty-nine.
Section 2. The capital stock of said corporation shall
not exceed one hundred and fifty thousand dollars, which
may be invested in real and personal property necessary
and convenient for the purposes aforesaid.
Approved February 24, 1860.
An Act in addition to an act for incorporating certain per-
sons FOR THE PURPOSE OF BUILDING A BRIDGE OVER CONNECTICUT
RIVER, IN THE COUNTY OF HAMPSHIRE, BETWEEN THE TOWNS OF
NORTHAMPTON AND HADLEY, AND FOR SUPPORTING THE SAME.
Be it enacted, &,'€., as follows :
" The Proprietors of the Northampton Bridge " are hereby
authorized and empowered to extend their bridge one hun-
dred and fifty feet, north-easterly, from its present abutment
in the town of Hadley, and to widen the Connecticut River
at that point, by removing the earth immediately adjacent
to the said abutment, for the aforesaid distance of one
hundred and fifty feet. Approved February 24, 1860.
An Act relating to the fees of witnesses before the general
COURT.
Be it enacted, SfX., as follows :
sergeant-at arms SECTION 1. The sum appropriated by law for the fees of
before^ ^commu- witncsscs bcforc the general court, may be allowed and paid
Chaj). 39.
Corporators.
Title.
Purpose.
Powers, duties,
&c.
Capital.
How invested.
Chap. 40.
Liberty to extend
and support
bridge.
Chap. 4:1.
I860.— Chapters 42, 43. 33
to the sergeant-at-arms, who shall pay the legal fees due to tees^of t^'^e^'^-K'^-
witnesses summoned before committees authorized to send count for the
for persons and papers, upon the certificate of the chairman ^'"'"'
or other member authorized by the committee to certify
such accounts, as soon as may be after said witnesses are
discharged ; and shall return into the treasurer's or auditor's
office, the accounts of said witnesses, together with the
unexpended balance of the appropriation, within ten days
after the expiration of the session of the general court at
which the witnesses appeared.
Section 2. In case witnesses are summoned in any ses- Governor's war-
^ . rant, in certain
sion before the passage of an act maknig an appropriation cases.
for witnesses, the governor may draw his warrant for a sum
not exceeding the appropriation made in the preceding year :
provided, said sum does not exceed three hundred dollars ; Proviso.
and said sum shall be allowed and paid to the sergeant-at-
arms, in anticipation of the regular appropriation, to be
disbursed in the manner provided in the preceding section.
Section 3. This act shall take effect from its passage.
Approved February 24:, 1860.
An Act concerning the agricultural branch railroad. Chap. 42.
Be it enacted, §'c., as follows :
The sixth section of the one hundred and seventy-eighth Amendment.
chapter of the laws of the year one thousand eight hundred
and fifty-two, is hereby amended so that the capital required capuai for see-
to build the second section of the Agricultural Branch sMtio^us.
Railroad shall be one hundred thousand dollars ; and the
capital required to build the third section shall be fifty
thousand dollars. Approved February 24, 1860.
An Act in addition to an act to incorporate the trustees of Q/ian. 43.
the house of the angel guardian. ^'
Be it enacted, ifc, as follows :
Section 1. John B. Fitzpatrick, Manasus Dougherty, corporatorg.
and George F. Haskins, their associates and successors, who
were made a corporation by the name of the Trustees of Tuie.
the House of the Angel Guardian, by an act passed on the
twenty-third day of April, in the year one thousand eight
hundred and fifty-three, shall continue to be a corporation,
with all the powers and privileges, and subject to all the Powers, duties,
duties, liabilities and restrictions, set forth in the act afore- ^"^
said; and every contract, agreement and obligation hereto- Previous acts and
fore made or entered into by the said corporation, or whicli '^°'°^'^ legalized.
shall hereafter be made or entered into by them, shall have
the same validity and effect as the same would have if there
6
34
1860.~Chapters 44, 45, 46.
Organization.
Chap. 44.
Time extended.
Chap. 45.
Time extended.
Chap. 46.
Taking of trout
forbidden within
certain limits.
had been no defect, informality, irregularity or omission in
the original organization, or in the perpetuation of tlie said
corporation.
Section 2. Said corporation may, at any meeting duly
notified and called for the purpose, by the persons named in
this act, and holden within ninety days after the passage
thereof, proceed to the choice of officers, and may do all
other acts and things which rightfully pertain to the said
corporation.
Section 3. This act shall take effect from its passage.
Approved February 24, 1860.
An Act to extend the time within which to construct a
portion of the midland railroad.
Be it enacted, §'c., as foUoivs :
The time within which the Midland Railroad Company
may construct that portion of their railroad which was orig-
inally incorporated as the Southbridge and Blackstone Rail-
road Company, is hereby extended to the first day of May,
in the year eighteen hundred and sixty-one : provided^
however, 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 sixty-third chapter of the General
Statutes, passed on the twenty-eighth day of December, in
the year eighteen hundred and fifty-nine.
Approved February 24, 1860.
An Act in addition to an act entitled " An Act to authorize
edmund t. dana and others to construct dams and dikes in
cambridge."
Be it enacted, ^'c, as folloius :
The time within which Edmund T. Dana and others were
authorized by chapter one hundred and forty-seven of the
acts of the year one thousand eight hundred and fifty-eight,
to construct dams and dikes in Cambridge, is hereby extended
one year. Approved February 24, 1860.
An Act to protect the fishery in marshpee.
Be enacted, §"c., as follows :
Section 1. No person shall take any trout in Marshpee
River, extending to and including all the waters into which
said river empties from the westerly side as far as the water
flows, to a line drawn due east and west across the northerly
end of Poppenessett Island, so called, thence on the same
line east to the centre of the channel which forms the line of
division between Barnstable and Marshpee, thence by said
I860.— Chapter 46. 35
line of division northerly, till it meets a line drawn due east
from the mouth of Quawker's River, so called, thence west
to the mouth of said Quawker's River, and thence by tlie
shore to the said Marshpee River, from the fifteenth day of
September in each year, to the twentieth day of March in
the year next ensuing.
Section 2. No person, except the proprietors of said other restric-
district, shall take any trout in said river and the waters
aforesaid, described in the first section, at any time, without
a written permit from the treasurer of Marshpee, which
shall specify the time when, and the places where, the person
holding the same is allowed to fish. And no person shall at Manner of taking
any time use any other means of taking trout in said river ^"'^
and waters described as aforesaid, than by angling with
hooks and lines.
Section 3. The said district may, by vote in legal meet- Regulations.
ing, make any regulations or by-laws respecting said fishery,
not repugnant to the provisions of this act ; and the income
from said fishery shall inure wholly to said district.
Section 4. Any person offending against the provisions Penalty.
of this act, or any regulations or by-laws passed by authority
of the tliird section of this act, shall forfeit and pay a fine
of twenty dollars for each and every offence, to be recovered
by prosecution before any trial justice in the county of Barn-
stable, to the benefit of said district.
Section 5. Any person who shall have in his possession Penalty.
any trout, knowing the same to have been taken from said
river, contrary to the provisions of this act, shall forfeit the
sum of fifty cents for every trout so found in his possession.
Section 6. If any minor shall offend against the pro- Penalty against
visions of this act, the parent, master or guardian of such
minor shall be liable, and may be prosecuted accordingly
therefor.
Section 7. The said district, at any regular meeting, with Lease of fishery.
notice in the warrant that the subject will be acted on, may
authorize the selectmen of said district to lease or dispose of
the trout or herring fishery belonging to said district, from
time to time, for terms of time not exceeding twenty years
in any one lease, the proceeds to go into the treasury for the
benefit of the district ; and they may elect and appoint two ^'^^^ wardens.
or more fish wardens to protect said fishery. All prosecu-
tions under this act shall be commenced within one year
from the time when the offence is committed.
Section 8. The thirty-sixth chapter of the year eighteen Repealing sec-
hundred and forty-nine, and the fifth section of chapter one
hundred eighty-six of the year eighteen hundred and fifty-
36
I860.— Chapters 47, 48.
three, and chapter one hundred and five of the year eighteen
hundred and fifty-nine, are hereby repealed.
Section 9. This act shall take effect from and after the
first day of March next. Approved February 24, 1860.
Chap. 47. An Act concerning the proprietors of neponset bridge.
Be it enacted, Sfc, as follows :
Section 1. The proprietors of Neponset Bridge, after
deducting from the amount now remaining in their hands,
arising from tolls collected, such sums as they are authorized
to retain, including the expenses of proceedings for the
dissolution of the corporation, are empowered to pay over
the residue of such sum to the trustees of said bridge for
the uses of their trust.
Section 2. This act shall take effect from its passage.
Approved February 24, 1860.
Proprietors to
pay over sur-
plus earnings
to trustees.
Chap. 48.
Annual election.
Term of ofiBce,
&c.
When to take
effect.
Sciiool commit-
tee.
Act to be Toid
unless accepted.
An Act amending the charter of the city of fall river.
Be it enacted, Sfc, as follows :
Section 1. The annual election in the city of Fall River,
which is now by law held on the first Monday of March,
shall, in future, be held on the first Monday of Docember ;
and the mayor, aldermen, common councilmen and ward
officers chosen at said election, shall hereafter enter upon
the duties of their respective offices on the first Monday in
January, annually, and shall hold their said offices for the
term of one year thereafter, and until others are chosen and
qualified in their stead.
Section 2. This change shall take effect on the first
Monday of December, in the year one thousand eight hun-
dred and sixty ; and the term of office of the mayor, alder-
men, common councilmen and ward officers, elected on the
first Monday of March, in the year one thousand eight
hundred and sixty, shall expire on the first Monday of
January, in the year one thousand eight hundred and sixty-
one.
Section 3. The provisions of chapter one hundred and
sixty-eight of the acts of eighteen hundred and fifty-nine,
entitled " An Act amending the charter of the city of Pall
River," are so far amended as to limit the first official year of
the school committee elected under it, to the first Monday
of January in the year one thousand eight hundred and
sixty-one ; and the official year of said school committee
shall thereafter commence on the first Monday of January
in each year.
Section 4. This act shall be void unless the inhabitants
of the said city of Fall River, at a legal meeting called for
I860.— Chapters 49, 50. 37
that purpose, shall, by a majority of the voters present and
voting thereon, by ballot, determine to adopt the same.
Section 5. This act shall take effect from and after its
passage. Approved February 24, 1860.
An Act to incorporate the arms academy. Chap. 49.
Be it enacted, S;'c., as folloios :
Section 1. Ebenezer Maynard, of Buckland, Carver corporators.
Hotchkiss, and Samuel T. Field, of Shelburne, their asso-
ciates and successors, are hereby made a corporation by the '^'^^'^^■
name of the Arms Academy, in the village of Shelburne Location.
Falls, Franklin County, Massachusetts ; vs^ith all the powers Powers, duties,
and privileges set forth in the thirty-second chapter of the
General Statutes, passed December twenty-eighth, in the
year eighteen hundred and fifty-nine.
Section 2. Said corporation may hold real and personal Am't of reai and
estate to the amount of fifty thousand dollars.
Approved February 24, 1860.
An Act to authorize the towns of buckland and shelburne Chap. 50.
TO AID IN THE PURCHASE OF LANDS, AND THE ERECTION OF BUILD-
INGS FOR THE ARMS ACADEMY IN SHELBURNE FALLS.
Be it enacted, &fc., as follows :
Section 1. Each of the towns of Buckland and Shel- A^,\°""' author-
burne, in the county of Franklin, is hereby authorized to
subscribe and pay into the funds of the Arms Academy, in
the village of Shelburne Falls, in Franklin County, the sum
of twenty-five hundred dollars, agreeable to and for the
purposes set forth in the last will and testament of the late
Ira Arms, of Shelburne, deceased, which will is dated Octo-
ber twenty-nintii, in the year one thousand eight hundred
and fifty-eight, and proved October eighteenth, in the year
one thousand eight hundred and fifty-nine.
Section 2. Said towns ai-e hereby authorized to raise, Power to raise by
by loans or taxes, any sums of money which shall be required
for the purposes of this act.
Section 3. The town of Buckland and the town of Shel- Exemption.
burne are hereby exempted from the requirements contained
in the fifth section of the twenty-third chapter of the Revised
Statutes, and the acts in addition thereto, so long as the
Arms Academy shall furnish gratuitous education to the
youth of those towns, agreeably to the provisions of the will
of the late Ira Arms, as indicated in this bill : provided., the Proviso.
said towns raise and appropriate the sums of money as indi-
cated in the preceding sections of this act.
Approved February 24, 1860.
38
I860.— Chapters 51, 52.
Chap. 51.
Chap. 52
Appropriations
for 1860.
An Act relating to the countebsigning of bank notes in the
auditor's office.
Be it enacted, Sfc, as follows:
Additional per- SECTION 1. The auditor of accounts is authorized to
'"g^n 'notes""au- appoiiit, with the approval of the governor, additional per-
thorized. sons, uot exceeding two, who shall have the same powers,
and be subject to all the duties and liabilities now prescribed
by the sixth section of the two hundred and twenty-first
chapter of the acts of the year one thousand eight hundred
and fifty-nine.
Section 2. This act shall take effect from its passage.
Approved February 27, 1860.
An Act making appropriations for the maintenance of the
government during the current year.
Be it enacted, Sfc, as follows :
Section 1. The sums hereinafter mentioned are appro-
priated, and shall be allowed and paid out of the treasury
of the Commonwealth, from the ordinary revenue, upon the
warrants of tlie 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
sixty, that is to say :
For the mileage and compensation of the lieutenant-gov-
ernor and council, a sum not exceeding eight thousand
dollars.
For the salaries of the clerks of the senate and house of
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
of representatives, four hundred dollars.
For fees of witnesses summoned before committees, in
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
sermon, one hundred dollars.
For stationery for the senate, purchased by the clerk of
the senate, a sum not exceeding one thousand one hundred
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 compensation of the messenger to the governor
and council, eight hundred dollars.
For the compensation of the assistant-messenger to the
governor and council, three hundred and sixty-five dollars.
Lieuteirant-gov-
ernorand coun-
cil.
Clerks of the
senate and hovise
of repretentatives
Chaplaios of the
senate and h'^use
of representatives
Fees of witnesses.
Preacher of elec-
tion sermon.
Stationery —
Senate.
Messenger to goy-
ernor and coun-
cil.
I860.— Chapter 52. 39
For the salary of the sergeant-at-arms, two thousand sergeant at -arms
dollars.
For the compensation of the door-keepers, messengers Door-keepers,
and pages of the senate and house of representatives, and "ag^erwlTchmen
of such watchmen and firemen as may be employed in the ^^'^ firemen,
state house, a sum not exceeding eight thousand two hundred
dollars.
For the authorized expenses of committees of the legisla- committees of^
ture, a sum not exceeding three hundred dollars. expenses.
For the salary of the chief justice of the superior court, cbief justice au-
three thousand seven hundred "dollars. p"'""^ '°"''-
For the salaries of nine associate justices of said court, Associates.
thirty-one thousand five hundred dollars.
For the salary of the clerk of the supreme judicial court cierks.j. court.
for the Commonwealth, three thousand dollars.
For the salary of the assistant-clerk of said court, fifteen Assistant.
hundred dollars.
For expenses of said court, two thousand five hundred Expenses.
dollars.
For the salary of the judge of probate and insolvency for Judges of probate
the county of Suffolk, three thousand dollars. Su£FoTk.°'^^"°^'
For the salary of the judge of probate and insolvency for Middlesex.
the county of Middlesex, two thousand dollars.
For the salary of the judge of probate and insolvency for Worcester.
the county of Worcester, eighteen hundred dollars.
For the salary of the judge of probate and insolvency Essex.
for the county of Essex, fifteen hundred dollars.
For the salary of the judge of probate and insolvency for Norfolk.
the county of Norfolk, fourteen hundred dollars.
For the salary of the judge of probate and insolvency for Bristol.
the county of Bristol, eleven hundred dollars.
For the salary of the judge of probate and insolvency for Plymouth.
the county of Plymouth, one thousand dollars.
For the salary of the judge of probate and insolvency for Berksiiire.
the county of Berkshire, eight hundred dollars.
For the salary of the judge of probate and insolvency for Hampden,
the county of Hampden, eight hundred dollars.
For the salary of the judge of probate and insolvency for Barnstable.
the county of Barnstable, seven hundred dollars.
For the salary of the judge of probate and insolvency for Hampshire,
the county of Hampshire, six hundred and fifty dollars.
For the salary of the judge of probate and insolvency for Frankiin.
the county of Franklin, six hundred dollars.
For the salary of the judge of probate and insolvency for Nantucket.
the county of Nantucket, three hundred dollars.
40
I860.— Chapter 52.
Registers of prob.
and insol'cy and
ass'ts.
Suffolk.
Middlesex.
Worcester.
Norfolk.
Bristol.
Plymouth.
Hampden.
Berkshire.
Hampshire.
Franklin.
Barnstable.
Expenses of
courts of insol'cy.
For the salary of the judge of probate and insolvency for
tlie county of Dukes County, two hundred and fifty dollars.
For the salary of the register of probate and insolvency
for the county of Suffolk, three thousand dollars.
For the salary of the assistant-register for the county of
Suffolk, fifteen hundred dollars.
For the salary of the register of probate and insolvency
for the county of Middlesex, fifteen hundred dollars.
For the salary of the assistant-register for the county of
Middlesex, one thousand dollars.
For the salary of the register of probate and insolvency
for the county of Worcester, fifteen hundred dollars.
For the salary of the assistant-register for the county of
Worcester, one thousand dollars.
For the salary of the register of probate and insolvency
for the county of Essex, fifteen hundred dollars.
For the salary of the assistant-register for the county of
Essex, eight hundi-ed dollars.
For the salary of the register of probate and insolvency
for the county of Norfolk, one thousand dollars.
For the salary of the assistant-register for the county of
Norfolk, six liundred dollars.
For the salary of the register of probate and insolvency
for the county of Bristol, thirteen hundred dollars.
For the salary of the register of probate and insolvency
for the county of Plymouth, one thousand dollars.
For the salary of the register of probate and insolvency
for the county of Hampden, eight hundred dollars.
For the salary of the register of probate and insolvency
for the county of Berkshire, eight hundred dollars.
For the salary of the register of probate and insolvency
for the county of Hampshire, seven hundred and fifty
dollars.
For the salary of the register of probate and insolvency
for the county of Franklin, seven hundred dollars.
For the salary of the register of probate and insolvency
for the county of Barnstable, seven hundred dollars.
For the salary of the register of probate and insolvency
for the county of Nantucket, three hundred dollars.
For the salary of the register of probate and insolvency
for the county of Dukes County, two hundred and seventy-
five dollars.
For certain expenses of the courts of insolvency, autho-
rized by section twenty-three of chapter two hundred and
eighty-four of the acts of the year one thousand eight
hundred and fifty-six, or similar accounts for the courts of
I860.— Chapter 52. 41
probate and insolvency, a sum not exceeding three thousand
dollars.
For the salary of the attorney-general, two thousand five Attomey-Gen-
hundred dollars.
For clerk hire in the office of the attorney-general, a sum cierk hue.
not exceeding one thousand dollars.
For incidental expenses in the office of the attorney-gen- incidentals.
eral, a sum not exceeding one hundred dollars.
For fees, costs, court expenses, and other like charges of the expenses.Vc"""'
attorney-general, in accordance with the provisions of the
act of the year one thousand eight hundred and thirty-nine,
chapter twenty-eight, a sum not exceeding three hundred
dollars.
For the salary of the attorney for the county of Suffolk, Attorney for the
•' •' "^ county of Suffolk.
three thousand dollars.
For the salary of the assistant-attorney for the county of Assistant.
Suffolk, one thousand eight hundred dollars.
For the salary of the district-attorney for the eastern dis- district att'ys.
trict, one thousand two hundred dollars.
For the salary of the district-attorney for the northern Northern,
district, one thousand two hundred dollars.
For the salary of the district-attorney for the southern dis- southern.
trict, one thousand two hundred dollars.
For the salary of the district-attorney for the middle dis- Middle.
trict, one thousand two hundred dollars.
For the salary of the district-attorney for the south-eastern south-eastern.
district, one thousand two hundred dollars.
For the salary of the district-attorney for the western dis- westem.
trict, one thousand two hundred dollars.
For the salary of the district-attorney for the north-western North-we,stern.
district, eight hundred and ninety dollars.
For the salary of the reporter of the decisions of the Reporter decis-
i-.i iii J 1 1J11 ions S. J. court.
supreme judicial court, three hundred dollars.
For the salary of the secretary of the Commonwealth, two secretary of the
,1 1 J n ' Commonwealth.
thousand dollars.
For the salary of the first clerk in the secretary's office. First cierk in sec-
one thousand five hundred dollars. retaryso
For the salary of the second clerk in the secretary's office. Second cierk.
one thousand four hundred dollars.
For the salary of the messenger in the secretary's office, Messenger.
eight hundred dollars.
For such additional clerical assistance as the secretary Assistantcierka.
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 Publication oj.
of bank returns, in accordance with the second and fourth ^^°^ returns.
6
42 I860.— Chapter 52.
sections of the act of the year one thousand eight hundred
and fifty-four, chapter three hundred and seven, a sura not
exceeding five hundred dollars.
Incidental ex- For incidental expenses of the secretary's office, a sum not
exceeding three thousand two hundred dollars.
Treasurer and For the Salary of the treasurer and receiver-eeneral, two
receiver-general. ,, t t n 07
thousand dollars.
First clerk in For thc salarv of the first clerk in the treasurer's office,
treasurer's ofiBce. inininii ^ ^ ^
one thousand five hundred dollars.
Second clerk. For thc Salary of the second clerk in the treasurer's office,
one thousand two hundred dollars.
Incidental ex- For incidental expenses of the treasurer's office, a sum not
exceeding three hundred dollars.
Auditor of ac- For thc Salary of the auditor of accounts, two thousand
counts. 1 n ■
dollars.
Auditor's clerk. For the Salary of the clerk of the auditor of accounts, one
thousand two hundred dollars.
Incidental ex- For incidental expenses of the auditor's office, a sum not
pen.«es. excccding one hundred and fifty dollars.
Additional cieri- For compcnsation of the persons appointed under authority
cai as^s^istence^to ^^ ^^^^ ^^ eighteen hundred and fifty-nine, chapter two hun-
dred and twenty-one, section six, to countersign circulating
notes of the similitude of bank notes, and the same may be
paid to the clerk in the auditor's office, in addition to his
salary, three hundred dollars.
other additional For such additional clerical assistance as the auditor may
find necessary, a sum not exceeding two thousand two hun-
dred dollars.
Printing and dis- Pqj. pi'intinff sucli uumbcr, not exceedins; one hundred
tribution of gen- ^ it/>i it t • n ^ i
eraiiaws. and fifty tliousaud, of the pamphlet edition oi 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 three
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
governor's messages and other matters in the usual form,
but not including the constitution, a sum not exceeding one
thousand five hundred dollars.
Publication of For tlic publication of the general laws, and all other
generaiiaws, &c. j,^foi>^^ation intcudcd for the public, in accordance with the
provisions of chapter twenty-four of the resolves of the year
coun
notes
I860.— Chapter 52. 43
one thousand eight hundred and fifty-seven, three hundred
dollars.
For the purchase, by the secretary of the Commonwealth, Blanks, for
of blanks for the use of cities and towns, in the registration an'd deaThJ."*^^^
of births, marriages and deaths, a sum not exceeding three
hundred dollars.
For fuel and lights for the state house, a sum not exceed- Fueiand light.
ing 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 ppairs, fumi-
1 V T 1 1 ■ .1 • 1 1 • xi .L ^ ture, &c., State
house, to be disbursed in the manner provided in the acts oi house.
the year one thousand eight hundred and fifty-seven, chapter
sixty-five, a sum not exceeding two thousand six hundred
dollars.
For contingent expenses of the senate and house of repre- contingent ex-
sentatives, and necessary expenses in and about the state p''"^*'*
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 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 Postage, print
•1 ^ T n 1 J J 1 11 Ing, &c.,forgov-
council, a sum not exceeding five hundred dollars. emor and coun-
For printing and binding, ordered by the senate or house ?,''; ,.
t^ O 7 1 /■ 1 Printing and
of representatives, or by the concurrent order oi the two binding, senate
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 Biankg, &c.. for
orders of the day, required for the use of the senate, a sum ^•'"'^''•
not exceeding four hundred dollars.
For printing blanks and circulars, and the calendar of Blanks, &c., for
orders of the day, for the use of the house of representatives, ''°"'®'
a sum not exceeding seven hundred dollars.
For printing the public series of documents in the last pubiic series of
quarter of the year one thousand eight hundred and sixty, pewXr"^^ ^^
under the direction of the secretary of the Commonwealth,
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 hundred and fifty-
44
I860.— Chapter 52.
Bank commis
si oners.
Insurance com-
missioners.
New Plymouth
Records.
Copying, &c.
Books, station-
ery, &c., for leg-
islature.
State map,plates.
State library.
Additional assist-
ance.
Council, contin-
gent expenses.
Witnesses to gen-
eral court.
Alien commis-
sioners.
Burial of state
paupers.
eight, chapter twenty-two, and for bhiding the copies to be
distributed to the towns and cities, a sum not exceeding
seven thousand dollars.
For the mileage and compensation of the bank commis-
sioners, a sum not exceeding six thousand five 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 two hundred dollars.
For the compensation and expenses of the board of insur-
ance commissioners, a sum not exceeding four thousand
dollars.
To continue the printing of the New Plymouth Records,
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.
For books, stationery, printing and advertising, ordered by
the sergeaiit-at-arms for the legislature, a sum not exceeding
five hundred dollars.
For corrections in the plates of the state map, in accord-
ance w-ith the resolves of the year one thousand eight
hundred and fifty-seven, chapter eighty-two, a sum not
exceeding one hundred dollars.
For the state library, in accordance with the resolves of
the year one thousand eight hundred and fifty-seven, chapter
nine, one thousand eight hundred dollars, to be expended
under the direction of the trustees and librarian ; and all
sums required for the completion and printing, or now due
for printing of the catalogue, shall be paid from this appro-
priation.
For additional assistance in the library, in accordance
with the resolves of the year one thousand eight hundred
and fifty-seven, chapter forty-nine, a sum not exceeding five
hundred dollars.
For the contingent expenses of the council, a sum not
exceeding eight hundred dollars.
For the expense of summoning witnesses to the general
court, a sum not exceeding three hundred dollars.
For the compensation and expenses of the alien commis-
sioners, and agents employed by them, according to law, a
sum not exceeding seven thousand five hundred dollars.
For burial of state paupers, two thousand dollars.
I860.— Chapter 52. 45
For the compensation and expenses of the superintendent superintendent
of alien passengers, a sum not exceeding seven thousand gers''^" p'"'"'°'
dollars.
For the expenses of coroners' inquests, a sum not exceed- coroners' in-
ing five hundred dollars. *^"'^' *"■
To furnish the town of Acushnet with a set of standard towu of Acush-
• 1,11 J ± T net, weights and
weights, balances and measures, a sum not exceedmg one measures.
hundred and fifty dollars.
For expenses the present year under the provisions of an Expenses under
act entitled " An Act to protect the rights and liberties of LT""" '■"""^^
the people of the Commonwealth of Massachusetts," being
chapter four hundred and eighty-nine of the acts of the year
eighteen hundred and fifty-five, a sum not exceeding two
hundred dollars.
For counsel fees in the suit pending in the supreme court Riiode island
of the United States, between the Commonwealth and the ''°""'^=^'">-
state of Rhode Island, to be expended under the supervision
of the attorney-general, a sum not exceeding five thousand
dollars.
The appropriation made in the twenty -second chapter of Emergency fund.
the acts of the year one thousand eight hundred and fifty-
eight, for the emergency fund, is hereby made applicable to
and may be used during the present political year, for the
purposes and under the provisions and limitations mentioned
in said chapter.
CHARITABLE.
For the current expenses of the several state almshouses state aimshoufes
and for the hospital at Rainsford Island, in addition to the
sums appropriated for these purposes in chapter twenty-one
of the acts of the present year, the following sums, viz. :
State almshouse at Tewksbury, a sum not exceeding thirty- xewksbury.
three thousand dollars.
State almshouse at Monson, a sum not exceeding twenty- Monson.
seven thousand dollars.
State almshouse at Bridgewater, a sum not exceeding Bridgewater.
twenty-seven thousand dollars ; and for the hospital at Rainsford island
Rainsford Island, a sum not exceeding fifteen thousand "^p'"*
dollars.
For the current expenses of the state reform school for state reform
boys, at Westborough, a sum not exceeding thirty-nine
thousand five hundred dollars ; said sum to be expended
solely for the current expenses of said institution ; and all
other sums received by said institution from towns and cities,
for the support of the boys in said school, shall be paid into
the treasury of the Commonwealth ; and no moneys appro-
46
I860.— Chapter 52.
Nautical branch.
Transportation of
paupers.
Indians.
Lunatic paupers.
Blind Asylum.
School for idiots.
Deaf and dumb
at Hartford.
Bequests of Mar-
tha Johnnot
Almshouse sink-
ing fund.
priated by this act shall be expended by the trustees of said
school to pay for the recent improvements at said institution,
and without authority of law.
For the current expense of the nautical branch of the
state reform school, a sum not exceeding fifteen thousand
dollars.
For the transportation of state paupers, to be expended
by the alien commissioners, a sum not exceeding eight
thousand dollars : provided, that the same shall be expended
.only in the transportation of state paupers from the several
hospitals and almshouses ; and a detailed account of such
expenditures shall be rendered to the auditor on the first
day of every month.
For Indians, a sum not exceeding three thousand dollars.
For the support and relief of lunatic state paupers in state
hosprtnls, a sum not exceeding sixty thousand dollars.
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.
For the Massachusetts School for Idiotic and Feeble-
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
asylum for the deaf and dumb at Hartford, in the state of
Connecticut, in accordance with the resolves of the year
eighteen hundred and twenty-nine, chapter forty-one, and
the resolves of the year eighteen hundred and forty-seven,
chapter forty-four, a sum not exceeding eight thousand six
hundred dollars.
For the annuities due from the Commonwealth in respect
to the obligations incurred by the acceptance of the bequests
of the late Martha Johonnot, a sum not exceeding one thou-
sand seven hundred and forty dollars.
For pensions, a sum not exceeding seven hundred dollars.
To the sinking fund for the redemption of the scrip issued
to obtain means for building the state almshouses, six thou-
sand dollars.
Agricultural so-
cieties—bounties.
Secretary, hoard
of agriculture.
SCIENTIFIC AND EDUCATIONAL.
For bounties to agricultural societies, twelve thousand
eight hundred twenty-seven dollars and sixty-eight cents.
For the salary of the secretary of the board of agriculture,
two thousand dollars.
I860.— Chapter 52. 47
For the travelling expenses of members of said board, a Travelling ex-
sum not exceeding twelve hundred dollars. board^ °' ^""^
For the travelling expenses of the secretary of said board, Travelling ex-
all postages and necessary expenses, in accordance with the se^eTar^"' °^
resolves of the year one thousand eight hundred and fifty-
three, chapter sixty-seven, a sum not exceeding two hundred
and fifty dollars.
For other incidental expenses of said board, a sum not incidental ex-
exceeding one hundred and fifty dollars. board* °
For the salary of the clerk of the secretary of said board, cierk of secretary
six hundred dollars.
For collecting information on agricultural subjects, one information on
thousand dollars. •fc'tf """' ""'
For printing abstracts of the reports of tlie board of agri- Agricultural re-
culture, and of information on agricultural subjects, and the p°''^'^'=-
distribution of the same, one thousand dollars.
For printing ten thousand copies of the report of the board
of agriculture, a sum not exceeding six thousand five hun-
dred dollars.
MILITARY.
For the salary of the adjutant and quartermaster-general. Adjutant-general
one thousand eight hundred dollars.
For the salary of the clerk of the adjutant-general, twelve ciert.
hundred dollars.
For the incidental expenses of the adjutant-general, a sum incidental,
not exceeding three hundred and fifty dollars.
For the expenses of the adjutant and quartermaster-gen- Department.
eral's department, a sum not exceeding four thousand
dollars.
For military bounty, a sum not exceeding forty-three Military bounty.
thousand dollars.
For military accounts, a sum not exceeding five thousand Military accounts
five hundred dollars.
For the rent of armories, a sum not exceeding eleven Rent of armories.
thousand dollars.
REFORMATORY AND CORRECTIONAL.
For the expenses of the arrest of fugitives from justice, a Fugitives from
sum not exceeding one thousand dollars. justice.
For the salary of an agent for the relief of discharged con- Agent for dis-
victs, a sum not exceeding five hundred dollars. charged convicts.
For the expenditures of said agent, in accordance with Expenditures.
the provisions of chapter two hundred and thirteen of the
acts of the year one thousand eight hundred and fifty-two, a
sum not exceeding five hundred dollars, in addition to such
48
I860.— Chapter 53.
Industrial school
for girlg.
" Incidental ex-
penses" defined.
Subsequent
propriaiions
supersede.
sum as he may receive from the warden of the state prison,
in accordance with chapter one hundred and forty-four, sec-
tion fifty-three, of the Revised Statutes.
For the current expenses of the State Industrial School
for Girls, at Lancaster, a sum not exceeding fourteen thou-
sand dollars.
Section 2. The term " incidental expenses," wherever
used in any act of appropriation heretofore, or which may
hereafter be passed, shall be held to include no charges
except for postage, printing, stationery and fuel ; all charges
for which in each department of the government, or by any
committee for whom an appropriation shall be made, " for
incidental expenses," shall be defrayed in accordance with
the appropriations for these objects provided in such acts.
Section 3. In case any appropriation is made in any act
of appropriation heretofore, or which may liereafter be passed,
for a service or object for which a different or larger appro-
priation may have been made in some act or resolve
previously passed, the appropriation last made shall be held
to supersede the other, and so much of the previous act or
resolve as provides the larger or different appropriation shall
be void and of no effect.
Section 4. This act shall take effect from its passage.
Approved February 29, 1860.
Chan. 53. ^^ ^^^ "^^ protect the beacons, buoys and floating guides on
^ * * THE coast of MASSACHUSETTS, AND IN THE RIVERS, HARBORS
AND CHANNELS, IN SAID STATE.
Be it enacted, Sfc, as follows :
Section 1. Any person or persons who shall moor any
vessel, scow, boat or raft to any buoy or beacon, or floating
guide, placed by the United States in the navigable waters
of this Commonwealth, or who shall in any manner make
fast thereto any vessel, boat, scow or raft, shall forfeit and
pay a sum not exceeding fifty dollars ; and any person or
persons who shall wilfully destroy, injure or remove any
such beacon or guide, shall forfeit and pay a sum not
exceeding one hundred dollars, or be imprisoned in the
common jail not exceeding three months.
Forfeitures how SECTION 2. Said forfeitures may be recovered by an action
of tort, complaint or indictment, before any court competent
to try the same ; one-third accruing to the informer or com-
plainant, and the other two-thirds to the county in which
the trial shall be had. Approved March 5, 1860.
Mooring prohib
ited.
Penalty.
I860.— Chapters 54, 55, 56. 49
An Act to authorize the commissioners for the county of Qfin^ 54
NORFOLK, TO BORROW MONEY FOR THE ERECTION AND ALTERATIONS ^'
OF PUBLIC BUILDINGS.
Be it enacted, ^'c, as follows :
The county commissioners for the county of Norfolk, are Amount,
hereby authorized and empowered to borrow on the credit
of said county, in addition to the amount of debt they are
now authorized to contract, a sum not exceeding thirty
thousand dollars, the same to be expended by said commis- how to be «-
sioners or their successors in office, in erecting a fire-proof
building for a registry for the county, and altering and
repairing the county court liouse, if the commissioners shall
so determine. Approved March 5, 1860.
An Act to incorporate the phenix fire insurance company. Chap. 55.
Be it enacted, Sfc, as follows :
Section 1. Samuel White, John J. Marsh, Eleazer A. corporators.
Porter, their associates and successors, are hereby made a Titie.
corporation by the name of the Phenix Fire Insurance Com-
pany, to be established in tlie town of Haverhill, for the location.
purpose of making insurance against losses by fire, and the Purpose,
risks of inland and coastwise navigation and transportation ;
with all the powers and privileges, and subject to all the Power,?, duties,
duties, liabilities and restrictions, set forth in the fifty-eighth ^'^'
chapter of the General Statutes, passed December twenty-
eighth, eighteen hundred and fifty-nine, and in all other
general statutes that have been or may hereafter be enacted
relating to insurance companies.
Section 2. The said corporation shall have a capital capuai.
stock of fifty thousand dollars, divided into shares of one shares.
hundred dollars each, with liberty to pay in and increase Liberty to in-
the same to an amount not exceeding one hundred thousand ""*'*'''■
dollars ; and shall have a right to hold real estate for its Reai estate.
own use to an amount not exceeding fifteen thousand dollars.
Approved March 5, 1860.
Chap. 56.
An Act to incorporate the hoosac valley agricultural
society.
Be it enacted, ^'c, as follows:
Clement Harrison, Edward R. Tinker, Rodman H. Wells, corporators.
their associates and successors, of Berkshire and Franklin
counties, are hereby made a corporation under the name of Tuie.
the Hoosac Valley Agricultural Society, for the encourage- purpose.
ment of Agriculture and the Mechanic Arts, by premiums
and other means, in the town of Adams, North Village, in Location.
the county of Berkshire ; with all the powers and privileges,
7
50
I860.— Chapter 57.
Powers, duties, Riid subject to all the duties, liabilities and restrictions, set
*""■ fortli ill the sixtieth, sixty-sixth and sixty-eighth chapters of
the General Statutes, passed December twenty-eighth, in the
Real estate. year eighteen hundred and fifty-nine. And said corporation
may hold and manage real estate not exceeding in value five
thousand dollars, and personal estate not exceeding the
same sum, for the purpose aforesaid, any provision of law to
the contrary notwithstanding : provided, hoioever, said socie-
ty shall not receive a sum exceeding four hundred dollars,
annually, from the treasury of the Commonwealth for
premiums. Ai^proved March 5, 1833.
Personal estate.
Chap. 57.
Time for holding
term at Green-
Lowell.
Plymouth.
Of default.
An Act concerning the terms of the supreme judicial court
IN the counties of franklin, MIDDLESEX AND PLYMOUTH.
Be it enacted, ifc, as follows :
Section 1. The term of the supreme judicial court, now
appointed by law to be held at Greenfield, in the county of
Franklin, on the second Tuesday of September, shall be held
on the second Tuesday of April ; and all writs, processes
and recognizances, made returnable to the term of said court
on the second Tuesday of September, shall be returned to
and entered at the term of said court, to be held on the
second Tuesday of April next.
Section 2. The term of the supreme judicial court, now
appointed by law to be held at Lowell, in the county of
Middlesex, on the first Tuesday of May, shall be held on tlie
third Tuesday of April ; and all writs, processes and recog-
nizances, made returnable to the term of said court on the
first Tuesday of May, shall be returned to and entered at
the term of said court, to be held on the third Tuesday of
April next.
Section 3. Tlie term of the supreme judicial court, now
by law appointed to be held at Plymouth, in the county of
Plymouth, on the second Tuesday of July, shall be held on
the second Tuesday of May ; and all writs, processes and
recognizances, made returnable to the term of said court on
the second Tuesday of July, shall be returned to and entei-ed
at the term of said court, to be held on the second Tuesday
of May next.
Section 4. Default shall not be entered in any suit or
process made returnable at the terms of court abolished by
this act, and which may be entered at the terms hereby
created, until after fourteen days' notice, in writing, shall
have been given to the defendants, of the change in the
return day of said suit or process.
Section 5. This act shall take effect from its passage.
Approved March 5, 1860.
I860.— Chapters 58, 59, 60. 51
An Act to change the name of the second precinct in roches- nhnn 58
TER, to the first PRECINCT IN MATTAPOISETT. J ' '
Be it enacted Sfc, as follows:
Section 1. The religious society in the town of Matta- change of name,
poisett, in the county of Plymouth, known by the name of
the Second Precinct in Rocnester, is hereby allowed to take
the name of the First Precinct in Mattapoisett.
Section 2. This act shall take effect from the time of its Act to be accept-
acceptance by the aforesaid Second Precint in Rochester, at ^'* ''^ '"'"^•^y-
any legal meeting called for that purpose, and held within
six months from the passage of this act.
Approved March 5, 1860.
An Act to incorporate the dean library association. Chap. 59.
Be it enacted, Sfc, as follows :
Section 1. Luther Metcalf, Clark Partridge, William H. corporators.
Gary, John Cole, A. LeBaron Munroe, their associates and
successors, are hereby made a corporation by the name of the Titie.
Dean Library Association, to be established in the town of Location.
Medway, and in "the village," so called, in the county of
Norfolk, for the purpose of maintaining a library and read- Purpose,
ing room, and promoting public instruction by lectures or
otherwise : with all the powers and privileges, and subject Power,., autiee
to all the duties, restrictions and liabilities, set forth in the
sixtieth and sixty-eighth chapters of the General Statutes.
Section 2. Said corporation may hold real and personal Reaiandper.^onai
estate to an amount not exceeding in the whole, ten thou-
sand dollars.
Section 3. This act shall take effect from its passage.
Approved March 9, 1860.
An Act relating to sales of real estate by executors, admin- QJiap, 60.
ISTRATORS AND OTHERS AUTHORIZED BY LICENSE OF COURT. ' '
Be it enacted, ^c, as follows :
Section 1. No sale of real estate by an executor, admin- or execution and
istrator, guardian or other person authorized thereto by of sale! °
license of court, and no title under such sale, shall be
avoided on account of the deed not having been executed
and delivered within one year after the granting of the
license for such sale, nor on account of any irregularity in
the proceedings, if it appears that the license, bond, oath
and notice of time and place of sale, have been according
to law, and that the price for which the land shall have been
bid off at auction, has been paid by a bona fide purchaser.
Section 2. Section forty-seven of chapter one hundred Repealing section
and two of the General Statutes, and all acts or parts of acts
inconsistent with this act, are hereby repealed.
Approved March 9, 1860.
52
I860.— Chapters 61, 62, 63, 64.
Chap. 61
Corporators
Title.
Purpose.
Location.
Powers,
&c.
Real and personal
estate.
An Act to incorporate the mount adnah cemetery company.
Be it enacted, ^-c, as follows :
Section 1. Nathaniel Duley, George Norwood, Thomas
Chard, William Bragdon, their associates and successors,
are hereby made a corporation, by the name of the Mount
Adnah Cemetery Company ; for^he purpose of establishing
and perpetuating a place for the burial of the dead, to be
located in the town of Gloucester, in the county of Essex :
duties, and shall have all the powers and privileges, and be subject
to all the duties, liabilities and restrictions, set forth in the
sixtieth and sixty-eighth chapters of the General Statutes.
Section 2. Said corporation may hold real and personal
estate necessary and convenient for the purposes aforesaid,
not exceeding in amount the sum of five thousand dollars.
Section 3. This act shall take effect from its passage.
Approved March 9, 1860.
Chap. 62. An Act defining the times of holding the criminal terms of
THE superior COURT FOR THE COUNTY OF ESSEX.
Be it enacted, Sfc, as follows:
Section 1. The terms of the superior court, for the
transaction of criminal business in the county of Essex,
shall be holden at Newburyport, on the second Monday of
May ; at Lawrence, on the second Monday of October ; and
at Salem, on the fourth Monday of January, annually.
Section 2. All writs, processes, bonds and recognizances,
which shall be made returnable to said court, at Salem, on
the fourth Monday of October next, shall be returned to, be
entered at, and have day in, the term of said court to be
held at Lawrence, on the second Monday of October next.
Section 3. This act shall take effect on the second day
of June next. Approved March 9, 1860.
Ne5vburyport,
Lawrence and
Salem.
Returns, when to
be made.
Chap. 63.
Repeal.
An Act concerning the danvers railroad company.
Be it enacted, §'c., as follows :
The act entitled " An Act concerning the Danvers Rail-
road Company, and the Boston and Maine Railroad,"
approved May thirtieth, in the year eighteen hundred and
fifty-seven, is hereby repealed. Approved March 10, 1860.
Chap. 64.
An Act in addition to an act relating to essex bridge.
Be it enacted, ^c, as follows :
Section 1. The toll upon the Essex bridge, for each
chaise, or other pleasure carriage or sleigh, drawn by one
horse, shall be five cents, and the toll for each coach, or
other pleasure carriage or ?leigh, or carriage or sleigh for
I860.— Chapter 64. 53
passengers, drawn by two houses, ten cents, svibject to such
commutation as is now provided by law.
Section 2. The agent of said bridge shall make all con- Agents duties.
tracts for lumber and materials for the repair of said bridge,
and superintend all repairs tliereon, and, quarterly, pay over
to the treasurer of the Commonwealth all such money as he
shall have received for tolls thereon, except such thereof as
he shall have paid out for the repairs or maintenance of said
bridge, or the compensation of the toll-gatherers ; and all
sums due for such repairs, maintenance or compensation,
may be paid by said agent out of said money, or by the
treasurer of the Commonwealth, out of the Essex bridge
fund : provided, that no money shall be so paid by the agent Proviso
and the treasurer, except in pursuance of appropriations
made in each year by the general court ; and the said agent
shall not incur any liability for the repairs and maintenance
thereof, in any one year, beyond tlie amount appropriated
therefor in the same year.
Section 3, Whenever said agent considers such mode of Repair*.
repair expedient and economical, he may repair the ends of
said bridge, by filling and making the same solid : provided, proviso.
that not more than four hundred feet in length on the Salem
end, and not more than one hundred feet in length on the
Beverly end, shall be so filled in, without express authority
of the general court.
Section 4. Any person who breaks or injures said Liability for in-
bridge, its wharves, piers or appurtenances, shall be liable
to said agent for the amount of such damages in an action
of tort.
Section 5. If any vessel, through the negligence or care- pawiity for in-
J ' o_DD jury \yy vessels.
lessness of the master, or others havmg charge thereoi,
injures said bridge, its wharves, piers or appurtenances, the
master and owners thereof shall be jointly liable to said
agent therefor in an action of tort.
Section 6, Whoever wilfully iniures or damages said lability for wii-
,.,.,, . c -^ 4- ful injury, &c.
bridge, its wharves, piers or any oi its appurtenances, or
disturbs or hinders the draw-tender or toll-gatherer in the
discharge of his legitimate duties, or, without the consent of
the agent, moors any scow, vessel or raft, to said bridge or
its appurtenances, shall forfeit a sum not exceeding fifty
dollars, to the use of the Commonwealth, to be recovered by
complaint or indictment.
Section 7. The governor and council are hereby autho- commissioners to
rized to appoint three commissioners, to adjust all outstand- ^*pp°'°
ing claims and matters of difference between the Common-
wealth and the proprietors of Essex bridge, on such terms
54
1860. — Chapters 65, 66.
Regulations of
weight, &c.
as they shall deem just and reasonable ; and whenever the
said corporation shall comply with the terms of such adjust-
ment, the treasurer of the Commonwealth shall release the
said corporation from all further liability to the Common-
wealth on account of said bridge : provided, that if no such
adjustment shall have been made, or the terms thereof shall
not have been complied with before the first day of July
next, the attorney-general shall commence proceedings
against said corporation and its officers, as provided in the
first section of the two hundred and sixty-eighth chapter of
the acts of the year one thousand eight hundred and fifty-
seven.
Section 8. No load weighing more than five tons shall
cross said bridge, without the consent of the agent or toll-
gatherer, and for such toll as they shall determine ; and the
owner of such load shajl be liable for all damage to said
bridge thereby, to be recovered by the agent, in an action of
tort ; and any suit commenced under the provisions of this
act, by an agent of said bridge, may be prosecuted by, and
in the name of, his successor ; and no such action shall
abate, by reason of the change of agent.
Section 9. The agent of Essex bridge shall receive a
salary of two hundred and fifty dollars per annum, which
sum shall be in full for all of his services.
Repealing section SECTION 10. All acts and parts of acts inconsistent with
this act, are hereby repealed.
Section 11. This act shall take effect from its passage.
Approved March 13, 1860.
Salary of agent.
Chap. 65.
Value limited.
Chap.
An Act to exempt sewing machines from attachment.
Be it enacted, Sfc, as folloios :
In addition to the property now exempted by law from
sale or levy on execution, there shall be exempted one sew-
ing machine, of a value not exceeding one hundred dollars,
in actual use by each debtor, or the family of the debtor.
Approved March 13, 1860.
66. An Act to authorize the charlestown gas company to extend
their pipes and conductors into the town of medford.
Extension au-
thorized.
Be it enacted. Sfc, as follows :
Section 1. The Charlestown Gas Company are hereby
authorized to extend their gas-pipes and conductors into
that part of the town of Medford which adjoins the town of
Somerville, for the purpose of supplying the inhabitants liv-
ing in said part of Medford with gas : provided, that said com-
pany shall not extend their pipes and conductors at a greater
I860.— Chapter 67. 55
distance north of Broadway, -in Medford, than one hundred
and and fifty feet, without the written consent of tlie direc-
tors of the Maiden and Meh'ose Gas Light Company.
Section 2. For the purpose named in tlie preceding sinking pipes,
section, the Charlestown Gas Gompany, with the consent of
the selectmen of Medford, shall have power and authority to
open the ground in any part of the streets, lanes and high-
ways, in said part of Medford, for the purpose of sinking
and repairing such pipes and conductors as may be necessary
therefor; and after opening the ground in siich streets, Repairs ofstreets
lanes, and highways, they shall be held to put the same ^'''
again in repair, under the penalty of being prosecuted for a Proviso,
nuisance : provided, that the said selectmen for the time
being, shall have power at all times to regulate, restrict,
and control the acts and doings of the Charlestown Gas
Company in Medford, which may in any manner affect the
health, safety or convenience, of any of the inhabitants
thereof.
Section 3. This act shall take effect from and after its
passage. Approved March 13, I860.
Chap. 67.
An Act to annex a part of the district of marshpee to the
town of sandwich.
Be it enacted, ^'c, as follows:
Section 1. The balance of that tract of land known as " Fish purchase"
,iTTi 1 !• • 1 • 1 T • r> nr i • annexed to Sand-
the i'lsh purchase, lynig withm the district of Marshpee, in wich.
the county of Barnstable, which was not set off from said
district and annexed to the town of Sandwich, in the county
aforesaid, by chapter one hundred and fifty of the acts of
eighteen hundred and fifty-nine, is hereby set off from said
district and annexed to said town of Sandwich ; said pur- Bounds,
chase being bounded as follows, to wit : Beginning at the
south-west corner of Sandwich on the east side of Falmouth
road ; thence southerly by said road, about one hundred and
fifty-one rods, to a heap of stones which lies eighty rods
southerly of the house lot of Simeon Fish, deceased ; thence
easterly by a range of marked trees, about two hundred
and fifty-one rods, into the water of Marshpee pond, at the
head of Pickerel Cove ; thence through the water of said
pond, easterly, and northerly through that part of the pond
called Wakepee pond, to the corner of land set to Bethiah
Hazard by the commissioners of partition of the common
lands of Marshpee, about the year eighteen hundred and
forty-two ; thence westerly on a right line by said Bethiah's
land, by a range of trees marked, to an old maple stump by
Fimplico pond ; thence northerly, by said Bethiah's land, to
56
I860.— Chapters 68, 69.
a stump and stones near Peters' pond, to the line of Sand-
wich ; thence by said line to Falmouth road at the starting
Reserve to Dia- poiut ; reserving, nevertheless, to the said district of Marsh-
trict of Marsh- ^qq^ g^j} rights aud privileges in Marshpee and Wakepee
ponds, and to the regulation and control of the fisheries
therein.
Persons iet off SECTION 2. Bcnajah Collius and Virgil B. Collins, within
the limits of Marshpee aforesaid, with their polls and estates
lying witliin said district, are hereby set off from said district
and annexed to said town of Sandwicli ; and the said Benayah
Collins and Virgil B. Collins shall be entitled, from and after
the passage of this act, to all the rights and privileges of
ProTiso. inhabitants of the town of Sandwich : provided^ nevertheless,
that by the passing of this act no change whatever shall be
made in any rights and privileges in and unto that part of
jurisdictioD. Marshpcc Rivcr which passes through their estates, and that
said Marshpee shall have the same jurisdiction over the
waters of said river that she now has, and to the regulation
and control of the fisheries therein.
^^ Section 3. This act shall take effect from and after its
passage. Approved March 13, 1860.
Chap. 68.
Corporators.
Title.
Purpose.
Powers, duties,
&c.
Chap. 69.
Increase of capi-
tal.
An Act to incorpobate the Worcester south-east agricul-
tural SOCIETY.
Be it enacted, ^"c, as follows:
Aaron C. Mayhew, Orison Underwood, B. D. Godfrey,
Henry Chapin, B. Wood and C. P. Chapin, their associates
and successors, are hereby made a corporation by the name
of the Worcester South-East Agricultural Society, for the
encouragement of agriculture and the mechanic arts, by
premiums and other means, in the town of Milford, in the
county of Worcester, for said county of Worcester, and the
counties of Norfolk and Middlesex ; with all the powers and
privileges, and subject to all the duties, liabilities and restric-
tions, set forth in the sixtieth, sixty-sixth and sixty-eighth
chapters of the General Statutes, passed December twenty-
eighth, one thousand eight hundred and fifty-nine : and said
corporation may hold and manage real estate not exceeding
in value five thousand dollars, and personal estate not
exceeding the same sum, for the purposes aforesaid.
Approved March 13, 1860.
An Act to increase the capital stock of the shelburne
FALLS bank.
Be it enacted, ^c, as folloivs :
Section 1. The president, directors and company of the
Shelburne Falls Bank, in the town of Shelburne, and village
I860.— Chapters 70, 71. 57
of Shelburne Falls, are hereby authorized to increase their Amount,
present capital stock by an addition thereto of fifty tliousand
dollars, to be divided into shares of one hundred dollars shares.
each, which shall be paid in such instalments as the presi-
dent and directors may determine : provided^ that the whole Proviso.
be paid in before the first day of June, in the year one
thousand eight hundred and sixty-one.
Section 2, If any of the stockholders of said bank Remonstrance,
remonstrate against the acceptance of the additional capital
herein provided, the said remonstrance sliall be made in conii'tions.
writing, to the cashier of the bank, on or before the first
day of May next ; and if the persons so objecting, legally
represent one-third part of the present capital stock of said
corporation, it shall not be entitled to the benefit of this act.
Section 3. The additional capital stock aforesaid, when Tax, &c.
paid into said bank, shall be subject to the like tax, regula-
tions, provisions and restrictions, to which the present
capital stock of said corporation is now subject.
Section 4. Before said corporation shall proceed to do certificate of
business on said additional capital, a certificate, signed jjy "'^p' ^ p"
the president and directors, and attested by the cashier,
under oath, that the same has actually been paid into said
bank, shall be returned into the office of the secretary of
the Commonwealth.
Section 5. This act shall take effect from and after its
passage. . Approved March 13, 1860.
An Act relating to attachments of real estate. Chap. 70.
Be it enacted, ^c, as follows :
Section 1. Attachments of real estate and leasehold T>me^ during
estates, for more than seven years from the making thereof, mentsshaii be
shall not be valid against purchasers for a valuable con- ^'''
sideration, and in good faith, who are not parties defendant
to such process, except from the time when the writ, or a Except, &c.
copy thereof, as now required by law, shall be deposited in
the office of the clerk of the courts for the county where
the lands lie.
Section 2. All acts and parts of acts inconsistent here- |j^p**"°^ ^^'^'
with, are hereby repealed.
Section 3. This act shall take effect on the second day
of June next. Approved, March 13, 1860.
Chap. 71.
An Act to change the westerly terminus of the eastern
AVENUE.
Be it enacted, Sfc, as follows :
So much of the act to incorporate the Eastern Avenue Repealing clause.
Corporation, passed on the twenty-fourth day of April, one
58
I860.— Chapter 72.
Location of
bridge changed.
thousand eight hundred and fifty-two, as requires their
bridge and avenue to run in a direct line to the foot of
Summer Street, is hereby repealed ; and said corporation
are hereby authorized so to change the location of their
bridge and avenue, that it may run in a direct line either to
Drake's Wharf or to Russia Wharf, opposite Congress
Street, or to any point between said wharves : provided,
such new location shall be within the commissioners' lines,
and the location shall be made by said corporation, and
approved by the mayor and aldermen of the city of Boston,
within one year from the passage of this act ; and, provided,
also, that nothing contained in this act, shall in any way
conflict with the provisions of the one hundred and third
chapter of the Resolves of the year eighteen hundred and
fifty-nine. Approved, March 14, 1860.
Chap. 72.
Amount of in-
crease.
Kemonstrauce.
Tax, &c.
Certificate of
capital paid in.
An Act to increase the capital stock of the Columbian bank.
Be it enacted, ^t., follows :
Section 1. The president, directors and company of the
Columbian Bank, in Boston, are hereby authorized to
increase their present capital stock by an addition thereto
of two hundred and fifty thousand dollars, in shares of one
hundred dollars each, which shall be paid in such instal-
ments as the president and directors may determine : pro-
vided, that the whole amount shall be paid in before the
first day of November, in the year one thousand eight
hundred and sixty.
Section 2. If any of the stockholders of said bank
remonstrate against the acceptance of the additional capital
herein provided, the said remonstrance shall be made in
writing, to the cashier of the bank, on or before the first
day of July next ; and if the persons so objecting legally
represent one-fourth part of the present capital stock of said
corporation, it shall not be entitled to the benefit of this act.
Section 3. The additional capital aforesaid, when paid
into said bank, shall be subject to the like tax, regulations,
restrictions and provisions, to which the present capital
stock of said bank is now subject.
Section 4. Before said corporation shall proceed to do
business on said additional capital, a certificate, signed by
the president and directors, and attested by the cashier,
under oath, that the same has actually been paid into said
bank, shall be returned to the office of the secretary of the
Commonwealth.
Section 5. This act shall take effect from and after its
passage. Approved March 14, 1860.
I860.— Chapters 73, 74. 59
An Act to increase the capital stock of the eagle bank. Chan 78
Be it eiiacied, Sec, as follows :
Section 1. The president, directors and company of the Amount of in-
Eagle Bank, in Boston, are hereby authorized to increase "^*''®
their present capital stock, by an addition thereto of three shares.
hundred thousand dollars, in shares of one hundred dollars
each, which shall be paid in such instalments as the presi-
dent and directors may determine : provided, that the whole proviso.
amount shall be paid in before the first day of November, in
the year one thousand eight hundred and sixty.
Section 2. If any of the stockholders of said bank Remonstrance,
remonstrate against the acceptance of the additional capital
herein provided, their remonstrance shall be made in writing,
to the cashier of the bank, on or before the first day of July
next ; and if the persons so objecting legally represent one- conditions.
fourth part of the present capital stock of said corporation,
it shall not be entitled to the benefit of this act.
Section 3. The additional stock aforesaid, when paid Tax, &c.
into said bank, shall be subject to the like tax, regulations,
restrictions and provisions, to which the present capital stock
of said bank is now subject.
Section 4. Before said corporation shall proceed to do certificate re-
,. .TTT. 1 .1 • r" • 11 quired.
business on said additional capital, a certificate, signed by
tlie president and directors, and attested by the cashier,
under oath, that the same has been actually paid into the
said bank, shall be returned into the office of the secretary
of the Commonwealth.
Section 5. This act shall take effect from and after its
passage. Approved March 14, 1860.
An Act to increase the capital stock of the tremont bank. CJiap. 74.
Be it enacted, ^c, as follows :
Section 1. The president, directors and company of the ^rTa°e°' °^ *°'
Tremont Bank, in Boston, are hereby authorized to increase
their present capital stock, by an addition thereto of two stares.
hundred and fifty thousand dollars, to be divided into shares
of one hundred dollars each, which shall be paid in such
instalments as the president and directors may determine :
provided, that the whole amount be paid in before the first Pro^'so.
day of November next.
Section 2. If any of the stockholders of said bank Remonstrance.
remonstrate against the acceptance of the additional capital
herein provided, the said remonstrance shall be made in
writing, to the cashier of the bank, on or before the first
day of July next ; and if the persons so objecting legally conditions.
represent one-fourth part of the present capital stock of said
corporation, it shall not be entitled to the benefit of this act.
60
I860.— Chapter 75.
Tax, &c.
Certificate re-
quired.
Section 3. The additional capital stock aforesaid, when
paid into said bank, shall be subject to the like tax, regu-
lations, restrictions and provisions, to which the present
capital stock of said bank is now subject.
Section 4. Before said corporation shall proceed to do
business on said additional capital, a certificate, signed by
the president and directors, and attested by the cashier,
under oath, that the same has actually been paid into said
bank, shall be returned into the office of the secretary of
the Commonwealth.
Section 5. This act shall take effect from and after its
passage.
Approved March 14, 1860.
Amount of in-
crease.
Shares.
Chup. 75. An Act to increase the capital stock of the merchants'
BANK, IN iOWELL.
Be it enacted, Sfc., as follows:
Section 1. The president, directors and company of the
Merchants' Bank, in Lowell, are hereby authorized to increase
their present capital stock by an addition thereto of fifty
thousand dollars, in shares of one liundred dollars each,
which shall be paid in such instalments as the president and
directors may determine : provided, that the whole amount
shall be paid in before the first day of July, in the year one
thousand eight hundred and sixty.
Section 2. If any of the stockholders of said bank remon-
strate against the acceptance of the additional capital herein
provided, the said remonstrance shall be made in writing,
to the cashier of the bank, on or before the first day of July
next, and if the persons so objecting legally represent one-
fourth part of the present capital stock of said corporation,
it shall not be entitled to the benefit of this act.
Section 3. The additional capital aforesaid, when paid
into said bank, shall be subject to the like tax, regulations,
restrictions and provisions, to which the present capital stock
of said bank is now subject.
Section 4. Before said corporation shall proceed to do
business on said additional capital, a certificate, signed by
the president and directors, and attested by the cashier,
under oath, that the same has actually been paid into said
bank, shall be returned to the office of the secretary of the
Commonwealth.
Section 5. This act shall take effect frona and after its
passage. Approved March 14, 1860.
ProTiso.
Remonstrance.
Conditions.
Certificate re-
quired.
I860.— Chapters 76, 77. 61
An Act to increase the capital stock of the lechmere bank. QJi^p^ 75.
Be it enacted^ ^c, as follows :
Section 1. The president, directors and company of the ^^°f^^ °^*""
Lechmere Bank, in Cambridge, are hereby authorized to
increase their present capital stock, by an addition thereto shares.
of fifty thousand dollars, in shares of one hundred dollars
each, which shall be paid in such instalments as the presi-
dent and directors may determine: provided, that the whole Proriso.
amount shall be paid in before the first day of July, in the
year one thousand eight hundred and sixty.
Section 2. If any of the stockholders of said bank remon- Remonstrance,
strate against the acceptance of the additional capital herein
provided, the said remonstrance shall be made in writing,
to the cashier of the bank, on or before the first day of July
next, and if the persons so objecting legally represent one- conditions.
fourth part of the present capital stock of said corporation,
it shall not be entitled to the benefit of this act.
Section 3. The additional capital aforesaid, when paid Tax, &c.
into said bank, shall be subject to the like tax, regulations,
restrictions and provisions, to which the present capital stock
of said bank is now subject.
Section 4. Before said corporation shall proceed to do *^^':*|f^'=^**' '*"
business on said additional capital, a certificate, signed by
the president and directors, and attested by the cashier
under oath, that the same has actually been paid into said
bank, shall be returned to the office of the secretary of the
Commonwealth.
Section 5. This act shall take effect from and after its
passage. Approved March 14, 1860.
An Act to increase the capital stock of the city bank, of Chap. 77.
LYNN.
Be it enacted, Sfc, as follows:
Section 1. The president, directors and company of the Amount of in-
City Bank, in Lynn, are hereby authorized to increase their "^'^*'
present capital stock, by an addition thereto of fifty thousand shares.
dollars, in shares of one hundred dollars each, which shall
be paid in such instalments as the president and directors
may determine : provided, that the whole amount shall be Proviso.
paid in before the first day of November, in the year one
thousand eight hundred and sixty.
Section 2. If any of the stockholders of said bank remon- Remonstrance.
strate against the acceptance of the additional capital herein
provided, their remonstrance shall be made in writing, to the
cashier of the bank, on or before the first day of July next ;
and if the persong . so objecting legally represent one-fourth conditions.
62
I860.— Chapters 78, 79.
Tax, &c.
Certificate re-
quired.
part of the present capital stock of said corporation, it shall
not be entitled to the benefit of this act.
Section 3. The additional stock aforesaid, when paid
into said bank, shall be subject to the like tax, regulations,
restrictions and provisions, to which the present capital
stock of said bank is now subject.
Section 4. Before said corporation shall proceed to do
business on said additional capital, a certificate, signed by
the president and directors, and attested by the cashier,
under oath, that the same has been actually paid into the
said bank, shall be returned into the office of the secretary
of the Commonwealth.
Section 5. This act shall take effect from and after its
passage. Approved March 14, 1860.
H. I. Hodges,
judge of insolv-
ency.
Chap. 78. An Act to legalize certain proceedings in insolvency for the
COUNTIES OF WORCESTER AND FRANKLIN.
Be it enacted, §'c., as folloios :
Section 1. All proceedings heretofore instituted or had
in any case of insolvency within the counties of Worcester
or Franklin, before Horace I. Hodges, judge of insolvency
for the county of Hampshire, so far as the same may want
effect or validity by reason that said Hodges had not juris-
diction, or was not properly authorized to sit therein, under
the fifth section of the two hundred and eighty-fourth chap-
ter of the acts of eighteen hundred and fifty-six, are hereby
confirmed, and the same shall be taken and deemed good
and valid in law to all intents, and purposes whatsoever.
Section 2. This act shall take effect upon its passage.
Approved March 14, 1860.
Certain acts le
galized.
Chap. 79.
Corporators.
Purpose.
Location.
Powers, duties,
&c.
An Act to incorporate the rubber clothing company.
Be it enacted, Sfc, as Jblloivs :
Section 1. Charles Smead, Ferdinand D. Hughes,
Leonard W. Russell, their associates and successors, are
hereby made a corporation, by the name of the Rubber
Clothing Company, for the purpose of manufacturing rubber
clothing, and other rubber goods, in the town of Beverly, in
the county of Essex ; with all the powers 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, and
in all subsequent acts relating to manufacturing corpo-
rations.
I860.— Chapters 80, 81. 63
Section 2. Said corporation may hold real estate to the Real estate.
amount of seventy-five thousand dollars, for the purposes
aforesaid ; and the whole capital stock shall not exceed one capital.
hundred and seventy-five thousand dollars, which shall be shares.
divided into shares of one hundred dollars each.
Section 3. This act shall take effect from its passage.
Approved March 15, 1860.
An Act to incorporate the cape ann telegraph company. r^r q/%
Be it enacted^ §"c., as follows : "'
Section 1. Addison Gott, Josiah W. Hubbard, Charles corporators.
P. Thompson, and F. H. Palmer, their associates and suc-
cessors, are hereby made a corporation by the name of the Title.
Cape Ann Telegraph Company ; with all the rights and Rights and duues
privileges, and subject to the restrictions and liabilities con-
tained in the sixtieth, sixty-fourth and sixty-eighth chapters
of the General Statutes.
Section 2. Said corporation is hereby authorized to con- Power to con-
struct or purchase, maintain and use, lines of telegraph teL^g'r'aph'* "^*
between the city of Boston and Cape Ann.
Section 3. Said corporation may hold such real and Estates.
personal estate as may be necessary for the purposes afore-
said, but their whole capital stock shall not exceed the capital.
sum of ten thousand dollars, to be divided into shares of
twenty-five dollars each ; and no share in the capital stock shares.
shall be issued for a less sum or amount, to be actually paid
in on each, than the par value of the shares which shall first
be issued.
Section 4. Nothing contained in this act shall authorize Rights of other
said corporation to infringe upon the legal rights of any p*'''*°°'' ^°-
person or corporation whatever. Approved March 17, 1860.
An Act ratifying the election of town officers in the town f-^j o-i
OF HARWICH. Kyliap. Oi.
Be it enacted, ^c, as follows :
Section 1. The election of town officers in the town of certain elections
Harwich, made at the annual town meeting on the sixth day ""^^^ ^'''"*"
of February, in the year one thousand eight hundred and
sixty, so far as the same may be illegal, for the reason that
the check list was not used in the election of said officers, is
hereby ratified and confirmed ; and the same shall be taken
and deemed good and valid in law, to all intents and
purposes whatsoever.
Section 2. This act shall take effect from and after its
passage. Approved March 17, 1860.
64 I860.— Chapters 82, 83.
Chan 82 "^ ■^^^ ^^ incorporate the assonet fishing company.
Be it enacted, S^c, as follows :
Corporators. SECTION 1. Gilbert Wiiislow, John D. Wilson, and John
Crane, of Freetown, their associates and successors, are
Title. hereby made a corporation by the name of the Assonet
Purpose. Fishing Company, for the purpose of introducing, cultivating
and catching herrings or alewives, in the Assonet River and
bay, so called, and the several ponds connected therewith ;
powera. and they are hereby empowered to alter such dams, and
construct such race-ways, and adopt and carry out such
other measures as may be necessary to secure the aforesaid
Duties, &c. purpose, subject to all the duties, restrictions and liabilities,
set forth in the forty-fourth chapter of the Revised Statutes,
and the sixty-eighth chapter of the General Statutes.
Penalty for tres- SECTION 2. If auv pcrsou, without thc permission of said
pass. J XT f I
corporation, shall take, catch, or haul on shore, any hernngs
in said river, bay, or ponds, he shall forfeit and pay for the
use of said corporation, a sum not exceeding three dollars,
if the quantity so taken be less than one barrel ; but if the
quantity be more than one barrel, the person so offending
shall forfeit and pay for each barrel of fish, so taken, the
sum of five dollars, to be recovered in any court proper to
try the same.
Of damages SECTION 3. If any damage shall be done by said corpora-
corporation^' tion to the property of any individual not a member of the
corporation, such individual shall be entitled to recover
reasonable damage, to be estimated in the same manner as
damages occasioned by the laying out of highways.
Rights of said Section 4. Nothing herein- contained shall authorize said
company limitea. " .
company to take or use the private property of any person,
without his consent, or deprive any inhabitant of the town
of Freetown of any privilege which he now has of taking
any kind of fish, excepting herring, from said river, bay or
ponds.
Section 5. This act shall take effect from and after its
passage. Approved March 17, 1860.
Chap. 83. An Act relating to the removal of state paupers.
Be it enacted, Sfc, as follows :
moyed'in''cMtofn SECTION 1. Any pcrsou haviug received a permit from
cases. the overseers of the poor of any city or town to • become an
inmate of any state almshouse or hospital, and expressing
a preference to be sent to any state or place where said
pauper may have a legal settlement, or friends willing to
support him, the board of alien commissioners shall have
power to remove said pauper, previous to his committal to
I860.— Chapters 84, 85. 65
any state institution, if, in their judgment, the interest of
tlie Commonwealth and of the pauper will be promoted
thereby: provided, that no person shall be so removed, Pro^'^o.
unless, in the judgment of said overseers and commissioners,
he will become a charge to the state for at least one year ;
and said commissioners shall return, in their annual report,
the names of all persons removed under the provisions of
this act, the places whence removed, and the cost of the
several removals.
Section 2. The names of persons so removed shall be of registry and
duly entered upon the register of the almshouse or hospital,
together with the usual details of their history, and shall be
recorded by the several superintendents, as discharged, to
the alien commissioners, for the purposes of removal from
the state, in the same manner as persons removed under the
acts of eighteen hundred and fifty-nine, chapter two hundred
fifty-five.
Section 3. This act shall take effect from the second day
of June next. Approved March 17, 1860.
An Act to incorporate the franklin cemetery association. Chap. 84.
Be it enacted, ^"c, as follows :
Section 1. A. E. Daniels, Oliver Dean, Davis Thayer, corporators.
Jr., their associates and successors, are hereby made a cor-
poration by the name of the Franklin Cemetery Association, Title.
for the purpose of establishing and perpetuating a place for Purpose.
the burial of the dead, to be located in tlie town of Franklin, Location.
in the county of Norfolk ; and shall have all tlie powers and Powers, duties,
privileges, and be subject to all the duties, liabilities and ^"^
restrictions, set forth in the sixtieth and sixty-eighth chapters
of the General Statutes, passed December twenty-eighth,
eighteen hundred and fifty-nine.
Section 2. Said corporation may hold real and personal Estate.
estate, necessary and convenient for the purposes aforesaid,
not exceeding in amount the sum of five thousand dollars ; Amount.
and may divide the same into shares of not less than twenty- scares.
five dollars each.
Section 3. This act shall take effect from its passage.
Approved March 17, 1860.
An Act to ascertain the ratable estate within this Common- Chav 85
WEALTH. -* '
Be it enacted, ^'c, as follows :
Section 1. The assessors of each city and town in this Duty of assessors
Commonwealth, for the year one thousand eight hundred towns.' '*^
and sixty, shall, on or before the first day of September,
9
66 I860.— Chapter 85.
List of polls. take and lodge in the secretary's office a true and perfect
list, conformably to the list hereinafter recited, of all male
polls of twenty years old and upwards, whether at home or
abroad, distinguishing such as are exempted from taxation ;
ReaiaBfi person- q^^^(\ q^ gH ratable cstate, both real and personal, lying within
their cities and towns, not exempted by law from paying
state taxes, expressing by whom occupied or possessed, par-
ticularly mentioning dwelling-houses, and siiops under the
same roof or adjoining thereto ; shops separate from them ;
distil houses ; tanneries, and other manufactories of leather ;
warehouses and stores ; breweries ; rope-walks ; barns ; grist-
mills ; saw-mills ; steam and other mills ; cotton factories,
with the spindles and looms in the same ; woollen factories,
with the sets of cards in the same ; linen factories, with the
spindles and looms in the same ; establishments for printing
silks and calicoes ; bleacheries ; paper mills ; card factories ;
boot factories ; shoe factories ; boot and shoe factories ; India
rubber factories ; carriage and car factories ; piano-forte
factories ; sewing machine factories ; chair factories ; pail
and tub factories; other wooden ware factories ; oil factories ;
glass factories ; rolling mills ; furnaces and forges ; iron,
brass and other foundries ; ore beds, with their furnaces ;
machine shops ; tool factories ; small-arm factories ; nail and
tack machines ; scythe and axe factories ; other manufac-
tories of iron, copper, brass and other metals ; all other
buildings and edifices of the value of twenty dollars and
upwards to one hundred dollars ; the same description of
buildings of a value exceeding one hundred dollars ; the
number of superficial feet of wharf; the number of tons of
vessels of five tons burden and upwards, whether at home or
abroad ; the value of rights to take ice from ponds, as
merchandise ; the amount of each person's whole stock in
trade, including all goods, wares and merchandise, at home
or abroad, paid for or not paid for — also those in their hands
by factorage ; government securities of all kinds ; moneys
at interest, more than any creditor pays interest for ; amount
of money on hand, including such as may be deposited in
any bank or other incorporated company ; amount of stock
held by the stockholders in any bank or insurance com-
pany ; shares or property in any bridge, canal, or railroad
company, with the value thereof; shares or property in any
other incorporated company, or company organized under
the general laws of this Commonwealth, possessing taxable
property, with the value thereof ; number of ounces of plate
of all kinds, exceeding twenty dollars in value ; the number
of horses, of one year old and upwards ; the number of
I860.— Chapter 85. 67
mules and asses, of one year old and upwards ; the number
of oxen, of four years old and upwards ; the number of cows,
of three years old and upwards ; the number of steers and
heifers, of one year old and upwards ; the number of sheep,
of six months old and upwards ; and the number of swine,
of six months old and upwards : provided, however, that all
the machinery employed in any branch of manufactures,
and belonging to any corporation, copartnership, person or
persons, of this or any other state, shall be taken and
returned in the respective cities or towns wherein such
machinery may be situated or employed : and provided,
further, that, in taking and returning the shares in any
manufacturing corporation, there shall first be deducted
therefrom the value of the machinery and real estate belong-
ing to such corporation.
And the said assessors, in making the said lists, shall '^^'^'^■
distuiguish the different improvements of land, and return
the lists in the following manner, viz. : the whole number
of acres of land in the town, from actual survey ; the
number of acres of tillage land; the number of acres of Agricuituiai pro^
orcharding of all kinds of fruits ; the number of acres ''"'^'*'
of English upland and fresh meadow mowing lands, with the
tons of hay, of each sort, annually produced therefrom ;
the number of acres of salt marsh, with the tons of hay
annually produced therefrom ; the number of acres of
pasture land ; the number of acres of woodland of every woodlands.
sort, unimproved land, unimprovable land, and lands belong-
ing to any town or other proprietary ; and the number of
acres used for roads, and covered with water, according to
the best estimation of the assessors — excepting all the
estates belonging to Harvard, Williams, Amherst, and Tufts
Colleges, and to incorporated theological institutions and
academies, and also the estate belonging to the Massachu-
setts General Hospital, and improved for the purposes of
that institution : provided, always, that the produce of lands
above enumerated shall not be taken into consideration, in
forming a state valuation, for any other purpose than for
ascertaining the relative value of such lands in the various
parts of the Commonwealth.
And the said assessors shall cause all the columns on each
sheet of the several items contained in the lists to be care-
fully cast up, footed, and carried forward, so as to present
the sum total under each head of said lists ; and the lists of l^^l °^ ''"'^'"^
the polls and ratable estates, to be taken as aforesaid, shall
be taken as of the first day of May.
Section 2. The assessors shall accompany the lists of Descriptions of
property required to be returned by the foregoing section, company Hste.
68
I860.— Chapter 85.
Oath of assessors.
How adminis-
tered.
Compensation of
assessors.
Penalties for neg-
lect or refusal, on
part of assessors.
Penalty and oath
required of prop-
erty holders.
with a full and accurate description of the character and
value of the " shops within or adjoining to dwelling-houses,"
" other sliops," " steam and other mills," and " unimproved
land," and also, of the buildings and edifices of the value
of twenty dollars and upwards, and of one hundred dollars
value and upwards : and they shall also set forth all the
property belonging to the town in its corporate capacity,
whether buildings or land, stating the purposes for which
the buildings are used, and the income thereof, and the
quantity and character of the land, and the income thereof,
and also the value of said property.
Section 3. The said assessors, before they enter on this
work, shall take the following oath or affirmation, viz. : You,
A B, being chosen an assessor for the year one thousand
eight hundred and sixty, do swear (or affirm) that you will
faithfully and impartially, according to your best skill and
judgment, do and perform the whole duty of an assessor, as
directed and enjoined by an act of this Commonwealth,
entitled " An Act to ascertain the ratable estate within this
Commonwealth," without favor or prejudice. So help you,
God. Which oath or affirmation may be administered by
such officers as are now authorized by law to administer the
usual oaths to town officers ; and a certificate of its admin-
istration shall accompany the returns of the assessors. And
each and every assessor shall be allowed, by the city or town
to which he belongs, the sum of two dollars for every day
which he shall be necessarily employed in doing the duties
enjoined by this act.
Section 4. If any assessor of any city or town within
this Commonwealth, for the year aforesaid, shall refuse to
take such oath or affirmation, or, having taken the same,
shall neglect or refuse to do or perform all the duties required
by this act, or shall act in any way fraudulently or deceitfully
therein, he sliall, for each of those offences, forfeit and pay
a fine of not less than one hundred dollars, nor more than
two thousand dollars, at the discretion of the court before
whom trial shall be had. And every person liable to be
taxed, and not out of this Commonwealth on and from the
first day of May next, to the first day of June next, who
shall refuse or wilfully neglect to give the assessors, in writ-
ing, and on oath or affirmation, if required, (which oath or
affirmation the said assessors are hereby respectively empow-
ered to administer,) a true account of all his or her ratable
estate, according to the true intent and meaning of this act,
shall be doomed by the said assessors, according to their
best skill and judgment, to the full amount of his or her
ratable estate ; and the oath last mentioned shall be in the
I860.— Chapter 85. 69
following form, viz. : You, C D, do swear (or affirm) that
all your ratable estate, conformably to this list here shown
by you, doth not exceed this account by you now exhibited,
according to your best knowledge and judgment. So help
you, God : — provided, nevertheless, that every person consci- Proviso.
entiously scrupulous of taking an oath in the form required
by law, who shall be required to take either of the oaths
aforesaid, shall be excused therefrom, upon solemnly and
sincerely affirming the truth of the declaration therein con-
tained, under the pains and penalties of perjury.
Section 5. The secretary of the Commonwealth shall copies and
furnish the assessors of each city and town with a copy of furnished to
this act, within ten days of its approval by the governor ; '^s^«ss°'"s-
and he shall cause to be printed blank tables, with columns
headed with appropriate denominations, for the returns of
the particulars indicated in this act, and shall furnish a
sufficient number of copies thereof to the assessors of each
city and town, on or before the second day of April.
Section 6. The assessors of each city and town in this valuation of i859
Commonwealth, for the year one thousand eight hundred to ^ secretary's
and sixty, shall, on or before the first day of September, °®''®"
transmit to the secretary's office a true and attested copy of
the valuation by which the town and county taxes were
made in their respective cities and towns for the year one
thousand eight hundred and fifty-nine ; and said copy shall
embrace a full inventory or list of all the items of property
so valued.
Section 7. All fines and forfeitures arising by this act of fines and for-
may be recovered in the supreme judicial court of this Com-
monwealth, by information filed in said court by the attor-
ney-general: and the secretary is hereby required to furnish
the attorney-general with a list of the cities and towns, the
assessors of which shall neglect to lodge in his office a list
of the polls and estates, agreeably to the provisions of this
act, to the end that they may be prosecuted at the discretion
of said officer.
Section 8. The following shall be the form of the lists Form of lists for
for the state valuation for the year one thousand eight hun- ■''aiuationcfiseo.
dred and sixty, viz. :
A list of the polls and estates, real and personal, of the several proprietors
and inhabitants of , in the county of , taken pursuant to an
act passed the twentieth day of March, in the year one thousand eight hun-
dred and sixty, entitled " An Act to ascertain the ratable estate within this
Commonwealth," by the subscribers, assessors of the said town of ,
duly elected and sworn :
Number of polls ratable, twenty years old and upwards.
Number of male polls, not taxed nor supported by the town.
70 I860.— Chapter 85.
Number of male polls supported by the town.
Number of dwelling-houses.
Number of shops within or adjoining to dwelling-houses.
Number of other shops.
Number of warehouses and stores.
Number of distil houses.
Number of breweries.
Number of tanneries and other manufactories of leather.
Number of rope-walks.
Number of barns.
Number of grist-mills.
Number of saw-mills.
Number of steam and other mills, not above enumerated.
Number of cotton factories.
Number of spindles in the same.
Number of looms in the same.
Number of woollen factories.
Number of sets of cards in the same.
Number of linen factories.
Number of spindles in the same.
Number of looms in the same.
Number of establishments for printing silks and calicoes.
Number of bleacheries.
Number of paper mills.
Number of card factories.
Number of boot factories.
Number of shoe factories.
Number of boot and shoe factories.
Number of India rubber factories.
Number of carriage and car factories.
Number of piano-forte factories.
Number of sewing machine factories.
Number of chair factories.
Number of pail and tub factories.
Number of other wooden ware factories.
Number of oil factories of all kinds.
Number of glass factories.
Number of rolling mills.
Number of furnaces and forges.
Number of iron, brass and other foundries.
Number of ore beds, with their furnaces.
Number of machine shops.
Number of tool fiactories.
Number of small arm factories.
Number of nail and tack machines.
Number of scythe and axe factories.
Number of other manufactories of iron, copper, brass and other metals.
Number of all other works and buildings, between twenty dollars and
one hundred dollars value.
Number of all other works and buildings, of more than one hundred
dollars value.
Number of superficial feet of wharf
Number of tons of vessels of five tons burden and upwards.
Value of rights to take ice from ponds, as merchandise.
Amount of every person's whole stock in trade, &c.
Amount of money at interest, more than any creditor pays interest for,
including United States and state securities.
I860.— Chapter 85.
71
Amount of money on hand, including deposits in any bank, &c.
Amount of stock held by stockholders in any bank or insurance company.
Number of shares in toll bridges, canals, railroads, with their value.
Number of shares in any other incorporated company, possessing tax-
able property, with their value.
Number of ounces of plate of all kinds, exceeding twenty dollars in
value.
Number of acres of land annually tilled, excluding orchards tilled.
Number of acres of orcharding of all kinds of fruits.
Number of acres of upland mowing, excluding orcharding mowed.
Number of tons of hay, the yearly produce of the same.
Number of acres of oix'harding mowed.
Number of tons of hay, the yearly produce of the same.
Number of acres of fresh meadow.
Number of tons of hay, the yearly produce of the same.
Number of acres of salt marsh.
Number of tons of hay, the annual produce of the same.
Number of acres of pasture land, excluding orcharding pastured.
Number of acres of woodland, exclusive of pasture land inclosed, with
the number of cords of wood per acre, the present year.
Number of acres of unimproved land.
Number of acres of land unimprovable.
Number of acres of land owned by any town or other propi'ietary.
Number of acres of land used for roads.
Number of acres of land covered with water.
Whole number of acres of land in the town, from actual survey.
Number of horses, one year old and upwards.
Number of mules and asses, one year old and upwards.
Number of oxen, four years old and upwards.
Number of cows, three years old and upwards.
Number of steers and heifers, one year old and upwards.
Number of sheep, six months old and upwards.
Number of swine, six months old and upwards.
Value and description of all other ratable estate not before enumerated.
Amount of real estates doomed.
Amount of personal estates doomed.
Cotton
Factories.
Woollen
Factories.
Linen
Factories.
Shares in any Toll
Bridge, Canal,
or Railroad, and
the value of
sach shares.
Shares in anr other
incorporated Com-
pany, or Company
organized under the
general laws, pos-
sessing taxable pro-
perty, and the value
of such sliares.
u
s
3
•A
•5
C
'S,
a
o
o
a
a
a
5Q
B
3
'A
3
a
'3,
03
a
o
o
u
a
3
'A
3
I
.o
a
3
3
>
Approved March 20, 1860.
72 I860.— Chapter 86.
Chat) 86 ^^ "^^^ AUTHORIZING THE COMMISSIONERS OF THE COUNTY OF MID-
-* * ■ DLESEX TO LAY OUT PATUCKET BRIDGE AS A PUBLIC HIGHWAY.
Be it enacted, ^c, as follows :
Sonera to i^^'^t Section 1, The county commissioners of the county of
bridge. Middlesex are hereby authorized and empowered to lay out,
as and for a highway, the bridge over Merrimac River, at
Patucket Falls, between Dracut and Lowell, called Patucket
Bridge, in the manner now provided by law for laying out
highways.
Damages. SECTION 2. All damages which shall be sustained by the
proprietors of Patucket Bridge, and by all others, by such
laying out, shall be awarded and paid in the same manner
as is now provided by law for the assessment and payment
of damages occasioned by the laying out of highways.
Lowell and Dra- SECTION 3. The city of Lowcll and town of Dracut, or
tribut^^ic/""^ either of them, may contribute to the county of Middlesex,
toward the payment of the damages that may be awarded to
'^ the proprietors of Patucket Bridge aforesaid, such proportion
of said damages, or such sums as they may see fit, and may
make agreements with the county commissioners as to the
amount or proportion, and as to the manner of payment
thereof; and they may make such agreements, either before
or after such damages are awarded.
Rights of pro- Section 4. Nothing herein contained shall be so coii-
prietora of locks , i , xi • xi ^ • • • i •
and canals. struod as to authorizc the county commissioners, m laymg
out said bridge as a highway as aforesaid, to divest or take
away the right of the proprietors of the locks and canals on
Merrimac River to use that part of said bridge, and the base-
ment and substructure thereof, which was erected by them,
in the manner and for the purpose such part of said bridge
and the basement and substructure thereof are now used or
authorized to be used by them, under an indenture made by
and between the said proprietors of Patucket Bridge and
said proprietors of the Locks and Canals on Merrimac River,
on the eighteenth day of November, in the year eighteen
hundred and forty-six, and recorded in the Middlesex reg-
istry of deeds, book four hundred and ninety-three, page four
hundred and ninety-seven.
Re-imbusement SECTION 5. In tlic cvcut Said bridge shall be laid out by
to city of Lowell , , . . . t /> i . i • t i
by proprietors of the couuty commissioncrs as and tor a highway, as provided,
locks and canals. ^^ g^^^^g ^j^j^,^ ^j^^ ^-^^ ^f Lowcll shall cxpciid ill and for
the necessary repair of that part of said bridge which was
erected by the said proprietors of the Locks and Canals on
Merrimac River, under said indenture with said proprietors
of Patucket Bridge, shall be re-imbursed to said city by said
proprietors of the Locks and Canals on Merrimac River.
Approved March 20, 1860.
1860.~Chapters 87, 88, 89. 73
An Act to incorporate the bay state fire insurance Chat) 87
COMPANY. ' '
Be it. enacted, ifc, as follows :
Section 1. Calvin Foster, Francis H. Dewey, and Charles corporators.
L. Putnam, their associates and successors, are hereby made
a corporation by the name of the Bay State Fire Insurance YMe.
Company, to be located in the city of Worcester, for the pur- Location.
pose of making insurance against losses by fire ; with all the
powers and privileges, and subject to all the duties, restric- &°<,"'*"' '^''"^^'
tions and liabilities, set forth in the fifty-eighth, sixtieth and
sixth-eighth chapters of the General Statutes, passed on the
twenty-eighth day of December, eighteen hundred and fifty-
nine, and all other laws that may hereafter be in force rela-
tive to insurance companies.
Section 2. The said corporation shall have a capital capital.
stock of one hundred thousand dollars, divided into shares shares.
of one hundred dollars each, with liberty to pay in and increase. -^
increase the same to an ameunt not exceeding three hun-
dred thousand dollars ; and said company may issue policies Policies, when is-
whenever one hundred thousand dollars of the capital stock ^"®'^'
shall be paid in. Approved March 20, 1860.
An Act to abolish the office of clerk of the police court in Qhnio 88
the town of milford. "'
Be it enacted, Sfc, as follows :
Section 1. The office of clerk of the police court of the omce abolished,
town of Milford is hereby abolished.
Section 2. This act shall take effect on the first day of
June next. Approved March 20, 1860.
CJiap. 89.
An Act to regulate the fishery in the agawam and half-
way pond rivers.
Be it enacted, §'c., as folloivs :
Section 1. The town of Plymouth at its annual meeting Town of piy-
in the month of March or April, and the town of Wareham ^Znitte°e!' °°^^
at its annual meeting in the montli of November of each
year, shall choose by ballot a committee of not more than
three persons each, who shall be sworn to the faithful dis-
charge of their duties, in the manner of other town officers ;
which committee shall, in tlie month of March, annually, saie of fish rights.
after a public notice of at least ten days, sell at public
auction the privilege of taking the fish called alewives and
shad, in the Agawam and Half-way Pond Rivers, in the
county of Plymouth, at such places, not exceeding two in
said towns, and on such days, not exceeding three in each
week, as said committee shall agree upon and publish in
their notice of sale ; they shall also express in said notice Regulations
10
74
I860.— Chapter 89.
Committee meet-
ings to be notified
Penalties for tres-
pass.
Of owners of
dams.
Penalty.
Weirs and
structions
hibited at cer-
tain times.
ob-
pro-
the manner of taking and disposing of said fish, and the
price at which the purchasers may sell them, which price
shall not exceed twenty-five cents per hundred for alewives,
and four cents each for shad : provided, nevertheless, that
said committee may fix upon one place in the town of Ware-
ham, and one day in each week for taking shad, different
from the place and day of the week appointed for taking
alewives.
Section 2. The committee of the town of Plymouth,
the first year after the passage of this act, and the com-
mittee of the town of Wareham, the second year, and so
on alternately, forever, shall notify the town clerk of the
other town concerned in said fishery, of the time and place
in which said committee shall meet, ten days at least before
the time of meeting ; and the members of the committee
present at said meeting shall constitute a quorum for doing
business.
Section 3. If either of said towns neglects to choose its
committee as aforesaid, or if the committee of either town
neglects to give notice, as above required, to the other, said
town so neglecting shall forfeit and pay to the use of the
other which chooses such committee, or whose committee
gives such notice, for each neglect, the sum of one hundred
dollars.
Section 4. All persons except the purchasers as afore-
said, or those employed by them, who take any of said fish
in said rivers, or in any pond or stream having communica-
tion therewith, between the first day of April and the fif-
teentli day of June, both inclusive, in each year, shall
forfeit and pay not less than five dollars, nor more than fifty
dollars for each and every offence.
Section -5. The owner or occupier of any dam on said
rivers, shall annually, between the fifteenth day of April
and the fifteenth day of June next following, for such term
of time, and in such -manner as said committee directs,
open a sufficient passage for said fish through said dam ;
and on failure of opening such passage, or of continuing
the same open as aforesaid, shall forfeit and pay the sum of
one hundred dollars ; and said committee may open such
dam, when neglected as aforesaid, at the expense of the
proprietor thereof: provided, no more damage is thereby
done the owner than is necessary to effect said purpose.
Section 6. If any person makes any weir, or causes any
obstruction to the free passage of said fish up said rivers, or
makes use of any seine to take said fish in said rivers, or
takes any of said fish in said rivers or in any pond or stream
I860.— Chapter 89. 75
communicating with the same, in any other manner, or at
any other time or place than such as may be approved and
established by said committee, between the fifteenth day of
April, and the fifteenth day of June as aforesaid, he shall Penalties.
forfeit and pay not less than five dollars, nor more than fifty
dollars, for each and every offence ; and said committee shall
remove such weir or obstruction at the expense of the person
causing the same, and also seize, to the use and disposal of
said towns, any seine used as aforesaid, and make complaint
to the town treasurer of either of the towns aforesaid, of
any violation of this act that shall come to their knowledge.
Section 7. The treasurers of the aforesaid towns, respec- how recovered,
tively, shall, upon the complaint of any member of the com-
mittees aforesaid, sue for the recovery of any forfeitures
incurred by a breach of any of the regulations provided in
this act, and of any suclt further regulations as may be pro-
vided and established by said committees, in conformity to
this act ; and all fines and forfeitures recovered for any Fines and forfeit-
breaches aforesaid, except such as are provided in the third
section of this act, shall, together with the proceeds of said
fishery, be equally divided between said towns ; and all the
expenses attending said suits shall in like manner be equally
borne by them. And the treasurers aforesaid, respectively,
shall, in behalf of their respective towns, recover by an
action on the case, of any person or corporation withholding
the same, one-half part thereof, in any court proper to try
said action.
Section 8. The purchasers of the privilege of taking Purchasers of
said fish shall, in all respects, conform themselves to such ^' "^ '*
regulations and conditions as said committees shall publish,
as aforesaid ; and on failure thereof, shall forfeit and pay,
for each offence, a sum not less than five dollars, nor more
than fifty dollars, to be recovered in any court of proper
jurisdiction.
Section 9. Any member of the committees aforesaid of witnesses.
may be admitted as a competent witness in any prosecution
for a breach of any regulation as aforesaid.
Section 10. The committee chosen in said town of Ply- ^^ committees.
mouth either in the months of March or April last, and the Their duties and
committee chosen by said town of Wareham in the month of ''°'"p«°^'^''°"-
November last, for regulating the taking of alewives in said
rivers, agreeably to the provisions of the act then existing
for that purpose, shall perform all the duties for the present
year that are required of committees hereafter to be chosen
under the provisions of this act; and they, as also com-
mittees hereafter chosen for the purposes contemplated by
76
I860.— Chapters 90, 91.
this act, shall receive out of the proceeds of said fishery,
one dollar and twenty-five cents each for every day's service
they may be actually engaged in performing the duties
herein required of them.
Section 11. All acts or parts of acts inconsistent with
the provisions of this act, are hereby repealed.
Approved March 20, 1860.
Chap. 90.
Increa§e of capi-
tal authorized.
Act void unless
accepted, &c.
Of the mutual
department.
Change of name.
An Act in addition to an act to incorporate the people's
mutual fire insurance company, in worcester.
Be it enacted, ^c, as follows :
Section 1. The People's Mutual Fire Insurance Com-
pany, established in Worcester, may increase its capital
stock to an amount not exceeding three hundred thousand
dollars, at any time within two years from the passage of
this act : provided, the mutual depfartment of said company
shall be abolished.
Section 2. This act shall take effect when the same is
accepted by the aforesaid corporation, and all the holders of
guarantee capital agree in writing to accept the same, and
their agreement is copied upon the records of the corpora-
tion, and filed in the office of secretary of the Common-
wealth.
Section 3. The company may, at any time, abolish the
mutual department by a majority vote of its members ;
after which, all insurance made by this company, shall be
on the stock plan, and subject to the restrictions and pro-
visions of the fifty-eighth chapter of the General Statutes,
passed December twenty-eighth, in the year one thousand
eight hundred and fifty-nine.
Section 4. When the foregoing conditions and provisions
are accepted by the aforesaid corporation, its name shall be
changed from the People's Mutual Fire Insurance Company
to that of the People's Fire Insurance Company.
Section 5. All acts and parts of acts inconsistent with
this act, are hereby repealed. Approved March 20, 1860.
Chap. 91.
Corporators.
Title.
Purpose.
Location.
Powers.
An Act to incorporate the nine mile pond fishing company.
Be it enacted, Sj-c, as follows :
Section 1, Nelson Scudder, Daniel Scudder, Walter
Chipman, Elijah Sears, their associates and successors, are
hereby made a corporation by the name of the Nine Mile
Pond Fishing Company, for the purpose of opening a canal
or outlet from Nine Mile Pond, in Barnstable, and from
Long Pond to tide-water, and maintaining the same ; and
for that purpose are empowered to open such canal or out-
I860.— Chapter 91. 77
let, and to continue the same in such manner as to said
corporation shall seem fit and proper ; and they shall have
all the powers and privileges, and be subject to all the duties, Duties, &c.
liablities and restrictions, set forth in the forty-fourth chapter
of the Revised Statutes, and the sixty-eighth chapter of the
General Statutes.
Section 2. Any herring fishery which may be created in Fisheries.
the canal or outlet, or the ponds aforesaid, by opening the
same, or which may hereafter exist therein, shall be the
property of said corporation ; and if any person, without the Trespassers.
permission of said corporation, shall take, catch, kill, or haul
on shore any herrings in said canal or outlet, or in the ponds
aforesaid, he shall forfeit and pay, for the use of said corpo- Penalties.
ration, a sum not less than three dollars, if the quantity so
taken, killed, caught, or hauled on shore be less than one
barrel ; but if the quantity so taken, killed, caught, or hauled
on shore, shall be more than one barrel, he shall forfeit and
pay, for each barrel of herring so taken, and for each fraction
of a barrel, the sum of five dollars, to be recovered by an how recovered.
action of tort in the name of said corporation, in any court
of competent jurisdiction.
Section 3. Nothing herein contained shall authorize the of private prop-
said company to take or use the private property of any ^^ ^'
person without his consent ; and any proprietor of lands of membership.
adjoining said canal or outlet, may become a member of
said corporation, if application be made therefor within six
months from the time of the organization of said company
under this act, by paying a due proportion of all expenses
incurred by said corporation before the time of their admis-
sion.
Section 4. If any person not a member of said corporation Damages.
shall receive damage in his lands or estate, in consequence
of the opening of said canal or outlet, or in consequence of
the draining of said ponds or otherwise, and the parties in
interest failing to adjust said damages, the party aggrieved How determined
1 , ■ 1 , • • i? ii J. c ^nd assessed.
may apply to the county commissioners oi the county oi
Barnstable, who are hereby authorized to determine and
assess the same ; and either party may appeal from the
decision of said commissioners, to the superior court of the
county of Barnstable, and have a trial by jury in said court.
Section 5. The said corporation, for the purposes herein Real estate,
set forth, and for maintaining and carrying on the fishery
aforesaid, may hold real estate not exceeding two thousand
dollars in value over and above the right of fishery named in
the second section of this act.
78 I860.— Chapters 92, 93, 94.
Capital. Section 6. The capital stock of said corporation shall be
Shares. ODC thousaiid dollars, represented by one hundred shares of
Increase. tcii dollars cach, with the right to increase the same to three
thousand dollars, by vote of said corporation.
Of other fishing SECTION 7. Notliiug herein Contained shall give^thc^cor-
"^ ^' poration rights and privileges in any fishery now existing in
said ponds, over and above other citizens of the town of
Act Toid unless Bamstablc ; and this act shall be void unless approved by
accepte , c. ^|^^ town aforcsaid, at a public town meeting, by a majority
of the voters present and voting thereon.
Section 8. This act shall take effect from its passage.
Approved March 20, 1860.
Chap. 92. -A^N Act relating to the compensation of jailers and masters
OF HOUSES OF CORRECTION.
Be it enacted, Sfc, as follows :
Additional com- Section 1. Auy slicriff who personally performs the
pensation to sher- i,. /.... , />,i i f ,•
i£fs in certain dutios 01 jailcr Or mastcr 01 the house oi correction, may
"'**®^' receive, in addition to his salary as sheriff, the compensation
established by the provisions of section twenty-two of chapter
one hundred and seventy-eight of the General Statutes,
passed on the twenty-eighth day of December, in the year
Proviso. one thousand eight hundred and fifty-nine : provided, that
in no such case shall such compensation exceed one thousand
dollars per year.
Repealing sec- SECTION 2. Laws incousistcnt herewith are hereby re-
tion. , , ''
pealed.
Section 3. This act shall take effect on the second day
of June next. Approved March 20, 1860.
Chap. 93. ^^ -^^"^ AUTHORIZING THE PAYMENT OF A SALARY TO THE REGISTER
OF DEEDS FOR DUKES COUNTY.
Be it enacted, ^c, as folloios :
County commis- That tlio county commissioners of the county of Dukes
sawTaiary°inad^- couuty bc authorizcd to pay the register of deeds of said
dition, &c. county an annual salary of not more than one hundred
dollars, the same to be in addition to his fees as now provided
by law ; said sum to be paid from the treasury of the county
of Dukes county. Approved March 20, 1860.
An Act to authorize the newton and watertown gas light
COMPANY to extend THEIR PIPES INTO THE TOWN OF BRIGHTON.
Be it enacted, ^~c., as follows :
Extensk)n of SECTION 1. The Newton and Watertown Gas Light Com-
pany are hereby authorized to extend their pipes for the pur-
pose of conducting into, and selling gas in the town of
Brighton.
Chap. 94.
pipes, &c.
I860.— Chapters 95, 96. 79
Section 2. Said corporation, with the consent of the opening ground
selectmen of the town of Brighton, shall have power and °" ^'^''*'
authority to open the ground in any part of the streets,
lanes and highways of said town for the purpose of sinking
and repairing such pipes and conductors as it may be neces-
sary to sink for the purpose aforesaid ; and the said corpo- Repairs of wgh-
ration, after opening the ground in said streets, lanes or ^*^*'
highways, shall be held to put the same into repair under
the penalty of being prosecuted for a nuisance : provided^ Proviso.
that the selectmen of the said town, for the time being, shall
at all times have power to regulate, restrict and control all
the acts and doings of said corporation, which may in any
manner affect the health, safety and convenience of the
inhabitants of said town : provided, said company shall not Proviso.
be authorized to lay gas pipes in any streets where authority
to lay such pipes has been previously granted by the select-
men of the town of Brighton, to any other company.
Section ?>. This act shall take effect from its passage.
Approved March 20, 1860.
Chap. 95.
An Act in relation to the towns of Lexington and west cam-
bridge.
Be it enacted, Sfc, as follows :
Section 1. The towns of Lexington and West Cambridge Lexington and
are hereby released and exempted from all obligation to pay ^ImpteT^'flom
any portion of anv charge that may hereafter arise from !,''pp°'^'^ °f '^'^^a'
/ V, , . . . ' P •' , . . . Bridge.
rebuildmg, repamng, or in any way supporting or maintain-
ing the bridge over Charles River, between the city of Cam-
bridge and the town of Brighton, formerly known as the
Great Bridge ; any thing in the acts incorporating said
towns, and in any other act in relation to said bridge, or the
support thereof, to the contrary notwithstanding.
Section 2. The commissioners for the county of Middle- county commis-
sex are hereby authorized and empowered to lay out the slid Mdgi^^ °"'
Great Bridge, so called, between Cambridge and Brighton,
as a public highway. Approved March 24, 1860.
An Act in addition to " an act to establish the city of /^i q^
WORCESTER." l^fiap. tfO.
Be it enacted, ^"c, as follows :
Section 1. The city council of the city of Worcester city council to
shall, in the month of March or April, in the year eighteen t^l^'^""""" °^
hundred and sixty, elect by joint ballot, in convention, three
persons to be assessors of taxes ; the person first chosen to
hold office for three years, the person next chosen to hold
office for two years, and the person last chosen to hold office
80
I860.— Chapters 97, 98, 99.
Of yacancies.
Chap. 97.
Location.
Extant.
Chap. 98.
Coombs wharf.
Limit.
Rights.
Chap. 99.
for one year, from said election ; and said council shall in
like manner, in the month of February or March, in each
succeeding year, elect a member of said board, who shall
hold office for the term of three years from his election.
Section 2. In case of a vacancy in said board of asses-
sors, by death, resignation, removal or otherwise, such
vacancy shall be filled by the choice of another assessor in
the manner aforesaid, who shall hold his office for the unex-
pired term for which the member in whose place he shall be
elected would have held the same.
Section B. So much of the provisions of the eighth sec-
tion of "An Act to establish the city of Worcester," as
relates to the election of assessors and fixing their compen-
sation, is hereby repealed.
Section 4. This act shall take effect from and after its
acceptance by the city council of said city.
Approved March 24, 1860.
An Act to authorize charles h. edwards to construct a
marine railway.
Be it enacted, ^'c, as follows :
Charles H. Edwards is hereby authorized to construct and
maintain a marine railway in Wellfleet Harbor. The said
railway shall be located on and adjoining the east side of
" Commercial Wharf," and shall not extend beyond the
outer end of said wharf: provided, this grant shall in no
wise impair the legal rights of any person.
Approved March 26, 1860.
An Act to authorize edward kimball and nahum perkins to
extend a wharf at newburyport.
Be it enacted, Sfc, as follows :
Edward Kimball and Nahum Perkins are hereby author-
ized to extend upon piles the Coombs wharf, so called, in
the city of Newburyport, sixty feet into Merrimac River; and
they shall have the right to lay vessels at the end and sides
of said wharf, and receive wharfage and dockage therefor :
provided, this act shall not impair the legal rights of any
person or corporation whatever. Approved March 26, 1860.
An Act to authorize andrew w. dodd and others, of Glou-
cester, TO extend their two marine railways.
Be it enacted, S)~c., as follows :
Andrew W. Dodd, Stephen Dodd and James G. Tarr, of
Gloucester, in the county of Essex, are hereby authorized to
build, maintain and extend the two marine railways now
owned by them to a distance of three hundred feet, from
I860.— Chapters 100, 101, 102. 81
high-water mark into Smith's Cove, so called, in Gloucester
harbor, in a south-easterly direction, and on a line with that Direction.
part of the aforesaid railways already constructed : pro- ProTiao.
vided, hoivever, that this act shall in no wise impair the
legal rights of any other person. Approved March 26, 1860.
Chap. 100
An Act concerning the salaries of the clerk and second
assistant clerk of the police court of the city of boston.
Be it enacted^ Sfc, as follows :
Section 1. The clerk of the police court of the city of salary of cierk.
Boston shall receive an annual salary of two thousand dol-
lars, and the second assistant clerk of said court shall or second ass't.
receive an annual salary of fifteen hundred dollars, from the
treasury of the Commonwealth.
Section 2. All acts and parts of acts inconsistent with Repeal,
this act, are hereby repealed.
Section 3. This act shall take effect on the second day
of June next. Approved March 26, 1860.
An Act RELATING TO THE COMPENSATION OF SUPERINTENDENTS OF QJiQ/f)^ \0\
PUBLIC SCHOOLS. ^'
Be it enacted, Sec, as follows :
Section 1. The compensation of superintendents of pub- ^^^^^'^^^^'^^
lie schools, provided for in the thirty-fifth section of the tuai service.
thirty-eighth chapter of the General Statutes, passed Decem-
ber twenty-eighth, eighteen hundred and fifty-nine, shall in
no case be less than one dollar and fifty cents for each day
of actual service.
Section 2. This act shall take effect from its passage.
Approved March 26, 1860.
An Act to incorporate the pemberton company. Chan. 102
Be it enacted, ^c, as follows :
Section 1. David Nevins, George Blackburn, Eben Sut- corporators.
ton, their associates, successors and assigns, are hereby made Titie.
a corporation by the name of the Pemberton Company, for Purpose.
the purpose of manufacturing cotton, woollen, linen and
silk cloth and yarn, in the city of Lawrence, in the county Location,
of Essex; and for this purpose shall have all the powers and Powers, duties,
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, the two hundred and
seventy-sixth chapter of the acts of the year eighteen hun-
dred and fifty-seven, and all acts passed subsequent thereto,
relating to manufacturing corporations.
11
of.
make regulations
82 I860.— Chapters 103, 104.
Real estate. SECTION 2. Said corporatioii may hold for the purposes
aforesaid, real estate to the amount of four hundred thou-
capitai. sand dollars ; and the whole capital stock of said corpora-
tion shall not exceed seven hundred thousand dollars, in
Shares, par value sharcs of ouc huudrcd dollars each ; 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.
Section 3. This act shall take effect from its passage.
Approved March 26, 1860.
Chap. 103 ^ -^CT TO REGULATE THE TRANSPORTATION OF GUNPOWDER WITHIN
AND THROUGH THE CITY OF CAMBRIDGE.
Be it enacted, Sfc, as follows:
City council to SECTION 1. Thc clty council of the city of Cambrida-e
are hereby authorized to make and establish by-laws and
ordinances, from time to time, relative to the times and
places at which gunpowder may be brought to or carried
from said city, by land or by water ; the times when and the
manner in which the same may be transported through said
city ; to direct and regulate the kind of carriages, boats,
and other vehicles, in which the same may be so brought to,
carried from, and transported through said city ; to direct
and require all such precautions as may appear to them
needful and salutary to guard against danger in the trans-
portation thereof to, from, and through said city ; and to
annex to such by-laws and ordinances suitable penalties, not
exceeding one hundred dollars, for any one breach thereof.
Publication of SECTION 2. It shall be the duty of the city council of
said city to cause all such by-laws and ordinances, as they
may make and establish, by virtue of the authority given by
this act, to be published in two or more newspapers printed in
the county of Middlesex, two weeks successively, for the
information and government of all persons concerned.
i^peai- Section 8. This act shall take effect from its passage,
and all acts and parts of acts inconsistent herewith are here-
by repealed. Approved March 26, 1860.
by-laws,'' &c.
Chap. 104
An Act relating to the town of rockport.
Be it enacted, ^c, as follows :
Certain elections SECTION 1. All votcs, procccdings and elections, had at
legalized. ^^^^ mectiiigs of the inhabitants of the town of Rockport,
held in the mouth of February in this or any former year,
shall have the same effect as if said meetings had been held
in the month of March or April.
Section 2. This act shall take effect from its passdge.
Approved March 26, 1860.
I860.— Chapters 10^ 106, 107. 83
An Act concerning the providence and Worcester railroad Qfidp^ \0o
COMPANY, AND*rHE WORCESTER AND NASHUA RAILROAD COMPANY. -* '
Be it enacted, Sfc, as follows:
Section 1. The Providence and Worcester Railroad union of raii-
Company is hereby authorized to enter with its road upon,
unite the same with, and use the road of the Worcester and
Nashua Raih^oad Company.
Section 2. The Worcester and Nashua Railroad Com- interchangeably.
pany is hereby authorized to enter with its road upon, unite
the same with, and use the road of the Providence and
Worcester Railroad Company.
Section 3. No thins; in this act contained shall empower Restriction as to
.,, f • 1 J.' X 1 1 J.' V new locations.
either of said corporations to make any new location oi any
portions of their respective railroads.
Section 4. Nothing in this act contained shall create Further restric-
any new right to cross, or use any part of the lands, or
tracks, of the Boston and Worcester Railroad Corporation,
or enlarge, or restrict, any rights which either of said com-
panies may now have to cross or use said lands or tracks.
Section 5. This act shall take effect from its passage.
Approved March 26, 1860.
An Act in addition to an act to incorporate the union steam- Qfian. 106
SHIP COMPANY. ■* '
Be it enacted, ^-c, as follows :
Section 1. The steam-ships of the Union Steam-ship Routes of steam-
Company, whether owned or chartered by said company, ^^'^''
may touch at, and ply to and from any port or ports in
Cuba, and any port or ports authorized by section second
of the original act incorporating said company.
Section 2. Said company may hold personal property to Pfrs^onai prop-
the amount of seven hundred thousand dollars. *"^ ^'
Section 3. Said company shall be allowed nine months Time for organ-
from the passage of this act, for its organization and the '^'^"°°' *^''-
collection of the assessment or assessments, as provided in
the original act of incorporation.
Section 4. This act shall take effect from and after its
passage. Approved March 26, 1860.
An Act to incorporate the holyoke mills. Chap. 107
Be it enacted, Sfc, as follows:
Section 1. John Chase, N. P. Williston, Alvin Smith, corporators.
James Goodwin, George M. Bartholomew, Alfred Smith,
their associates and successors, are hereby made a corpora- xitie.
tion by the name of the Holyoke Mills, for the purpose of purpose.
manufacturing cotton and woollen goods, and also tools,
machinery and metal work, in Holyoke, in the county of Location.
84 I860.— CHAi'TERs 108, 109, 110.
Power of lease. Hampdeii ; and said corporation shall also have power to
lease to others shop-room, tools, machinery and tenements.
Rights, duties, for like or other manufacturing purposes, and shall have all
the powers and privileges, and be subject to all the duties,
restrictions and liabilities, set forth in the sixtieth and sixty-
eighth chapters of the General Statutes, passed on the
twenty-eighth day of December, in the year eighteen hun-
dred and fifty-ning.
Capital. Section 2. The capital stock of said corporation shall
siiares. not cxcccd tlic sum of seven hundred thousand dollars, in
Real estate. sliarcs of onc hundred dollars each; and it may hold real
estate to the amount of four hundred thousand dollars.
Section 3. This act shall take effect from its passage.
Approved. March 26, 1860.
Chap. 108 An Act to authorize samuel soper to extend and maintain a
WHARF.
Be it enacted, S^'c, as follows :
Limit of exten- Samucl Sopcr, proprietor of a wharf in Province town, is
hereby authorized to maintain said wharf, and to extend the
same upon his own premises, not exceeding eight hundred
Rights. {QQi^ into Provincetown Harbor ; and he shall have the right
to lay vessels at the end and sides of said wharf, and receive
Proviso. wharfage and dockage therefor : provided, however, that this
grant shall in no wise impair the legal rights of any other
person. Approved March 26, 1860.
Chap. 109 An Act to amend "an act to prevent livery stables from
being erected in certain places in the town of boston."
Be it enacted, §'c., as follows :
tbl^^e^m sJCb Section 1. The first section of the one hundred and
of 1811. ' twenty-fourth chapter of the statutes of the year eighteen
hundred and ten, passed on the eleventh day of February,
in the year eighteen hundred and eleven, is hereby amended
by inserting after the word " God " the following words, to
wit : " without the consent in writing of the proprietors of
such church or meeting-house, or of the religious society or
parish worshiping therein, and the consent of the mayor
and aldermen of the city of Boston."
Section 2. This act shall take effect from its passage.
Approved March 26, 1860.
Chap. 110 An Act to authorize michael walen, jr., and others to build
A WHARF IN GLOUCESTER.
Be it enacted, ^'c, as follows :
^''^*- Michael Walen, Jr., Alfred Walen, and Cliristen Nelson,
of Gloucester, in the county of Essex, are hereby author-
I860.— Chapters 111, 112, 113. 85
ized to build and maintain a wharf, not to exceed one hun-
dred and fifty feet from high-water mark, on their land on Location.
" Rocky Neck," so called, and running into Smith's Cove,
so called, in Gloucester harbor, in a south-easterly direction ; Direction.
and shall have the right to lay vessels at the end and sides Rights.
of said wharf, and receive wharfage and dockage therefor :
provided, hoivever, that this grant shall in nowise impair the Proviso.
legal rights of any person. Approved March 26, 1860.
An Act to authorize the mount hope iron company to build a QJidyy^ \\\
WHARF, AND TO EXTEND THEIR WHARF. ^ '
Be it enacted Sj'c, as follows :
Section 1. The Mount Hope Iron Company are hereby width of wharf.
authorized to build and maintain a wharf, one hundred and
fifty feet in width, extending from the line of high-water Location.
mark, of their lot of land, situated in the village of Somerset,
and adjoining the land of Daniel B. Eddy, to the channel
of Taunton River ; and shall have the right to lay vessels Rights,
at the end and sides of said wharf, and to receive wharfage
and dockage therefor.
Section 2. Said Mount Hope Iron Company are further Right to extend,
authorized to extend their wharf, situated in the southerly Direction.
part of the village of Somerset, southerly, to the channel of
Taunton River, and westerly, on the flats, five hundred feet : i'™'*-
provided, hoivever, that these grants shall in nowise impair Proviso.
the legal rights of any person or corporation.
Approved March 26, 1860.
An Act to authorize george steele, jr., to extend his wharf Cfiap. 112
IN GLOUCESTER. ^
Be it enacted, Sfc, as follows :
George Steele, Jr., proprietor of a wharf in Gloucester, is Limits,
hereby authorized to extend and maintain said wharf a dis-
tance not exceeding one hundred and twenty feet in length
by twenty-two feet in width, in a south-easterly direction Direction,
towards the channel, and shall have the right to lay vessels Rights.
at the end and sides of said wharf, and receive wharfage and
dockage therefor : provided, however, that this grant shall Proviso.
in no wise impair the legal rights of any person.
Approved March 26, 1860.
An Act authorizing the commissioners for the county of Chap. 113
BRISTOL to lay OUT A ROAD, AND CONSTRUCT A BRIDGE ACROSS
TAUNTON GREAT RIVER, IN THE TOWN OF TAUNTON.
Be it enacted, §'c., as follows ;
Section 1. The county commissioners for the county of ^^f^'^g^J^t^^^'l
Bristol are hereby empowered, if in their opinion the public ^^^^-
86 I860.— Chapters 114, 115.
convenience and necessity require it, to lay out a highway,
and cause to be constructed a suitable and sufficient bridge
over Taunton Great River ; said bridge shall be constructed
not less than forty feet between the abutments, and twelve
Limits of high- feet abovc the water at full tide ; said highway to commence
'^^^' at a point on Williams Street, so called, in said Taunton,
near the dwelling-house of Blaney 0. Godfrey, and to extend
to Dean Street, so called, in said Taunton, terminating near
the dwelling-house of Andrew H. Hall: and said commis-
sioners in carrying into effect the provisions of this act, shall
in all respects conform to the existing laws, relating to lay-
ing out highways.
Section 2. This act shall take effect from its passage.
Approved March 26, 1860.
Chap. 114 ^^ ^^'^ TO EXTEND EASTERN WHARF IN THE HARBOR OF GLOUCESTER.
Be it enacted, ^c, as follows:
Limits andMirec- Johu W. Lowc and Edward G. Nickerson, proprietors of
a wharf known as Eastern Wharf, in Gloucester Harbor, are
hereby authorized to extend and maintain said wharf, in its
present width, sixty feet southerly and easterly into the said
Rights. harbor ; and they shall have the right to lay vessels at the
end and sides of said wharf, and receive wharfage and dock-
ProTiso. age therefor : provided, however, that this grant shall in no
wise impair the legal rights of any person.
Approved March 26, 1860.
Chat). 115 -^^ -^^"^ '^^ INCORPORATE THE CITIZENS' BUILDING ASSOCIATION.
Be it enacted, &cc., as follows:
Corporators. SECTION 1. Johu H. Clifford, William J. Rotch, Charles
Almy, their associates and successors, are hereby made a
corporation by the name of the Citizens' Building Associa-
Purpose. tion, for the purpose of buying a lot of land at the intersec-
Location. tiou of Purchasc and William Streets, in the city of New
Bedford, and of erecting and maintaining thereon buildings
necessary and convenient for a public hall and for other
Powers, duties, busiucss purposcs ; and for these purposes shall have all the
**'■ powers and privileges, and be subject to all the duties,
restrictions and liabilities, set forth in the sixtieth and sixty-
eighth chapters of the General Statutes, passed December
twenty-eighth, in the year one thousand eight hundred and
fifty-nine.
Capital. Section 2. The capital stock of said corporation shall
Shares. i^ot excccd ouc huudrcd and fifty thousand dollars ; the
same to be divided into shares of one hundred dollars each.
Approved March 26, 1860.
I860.— Chapters 116, 117, 118, 119. 87
An Act to authorize john f. wonson to build a wharf in nh^i^^ 1 1 fi
GLOUCESTER. lUp.llO
Be it enacted, §"c., as follows:
John F. Wonson, proprietor of land and flats situated in Location.
that part of Gloucester known as Eastern Point, is hereby
authorized to build and maintain thereon a wharf, extending Limits and di-
three hundred feet in a north-westerly direction into the '■®''*'°°-
cove from the main road or high-water mark ; and shall have Rights,
the right to lay vessels at the end and sides of said wharf,
and receive wharfage and dockage therefor : provided, how- Proyiso.
ever, that this grant shall in no wise impair the legal rights
of any person. Approved March 26, 1860.
An Act to authorize sewell e. jewett to build a wharf. Chan 117
Be it enacted, ^c, as follows :
Sewell E. Jewett is hereby authorized to build and maintain Location.
a wharf, from his land on the northerly bank of Merrimac
River, in the town of Haverhill, extending not exceeding Limits.
one hundred and twenty feet from high-water mark to the Direction.
channel of said river ; and shall have the right to lay vessels Rights,
at the end and sides of said wharf, and to receive wharfage
and dockage therefor : provided, that this grant shall in no Proviso,
wise impair the legal rights of any person or corporation.
Ap2)roved March 26, 1860.
Chaj). lis
An Act to authorize amos a. story to extend his wharf in
gloucester.
Be it enacted, Sj'c, as follows :
Amos A. Story, proprietor of a wharf in Gloucester, situ- Location.
ated in that part of the town known as Eastern Point, is
hereby authorized to extend and maintain said wharf in its Limit,
present width, one hundred and fifty feet in a north-westerly Direction,
direction into the cove ; and sliall have the right to lay Rights.
vessels at the end and sides of said wharf, and receive
wharfage and dockage therefor : provided, hovjever, that this Proviso.
grant shall in no wise impair the legal rights of any person.
Approved March 26, 1860.
An Act to authorize william h. friend and others to build a Q/id'n 11 Q
wharf in GLOUCESTER. -* *
Be it enacted, §'c., as follows :
William H. Friend and his associates, owners of land and Location.
flats in Gloucester, are hereby authorized to build and main-
tain a wharf in said Gloucester, extending a distance of one Extent and um-
hundred and thirty feet in length, by eighty feet in width, "^
in a south-easterly direction towards the channel ; and they Direction.
shall have the right to lay vessels at the end and sides of Rights.
88 I860.— Chapters 120, 121, 122.
Proviso. said wharf, and receive wharfage and dockage therefor : pro-
vided, however, that this grant shall in no wise impair the
legal rights of any person. Apj^roved March 26, 1860.
/-f7 1 c)(\ Aj<{ Act in relation to salem street society, in Worcester.
^' Be it enacted, ^'c, as foUoios :
Mortgage of prop- SECTION 1. The prudential committee of the Salem Street
erty authorized, gogjety of the city of Worccster are hereby authorized to
Purpose. mortgage said society's meeting-house and land, to secure
the payment of the debts of said society, or to borrow the
money therefor, and to secure the payment thereof, by a
mortgage as aforesaid, or to mortgage said house and land
to secure such individuals as may indorse said society's note
or notes given for the indebtedness of said society.
Section 2. This act shall take effect from its passage.
Approved March 26, 1860.
Chap. \ 21
liable for certain
An Act to protect towns from injury by the neglect of gas
companies.
Be it enacted, §'c., as follows :
Gas companies Whcu a party injurcd in his person or property, by a defect
in a highway, caused by the operations of a gas company in
laying down or repairing its pipes, or otherwise obstructing
such way, recovers damages therefor of the town wherein
such injury is -received, such town shall, in addition to the
damages so recovered against it, be entitled to recover all
the taxable costs of the plaintiff and defendant in the same
Proviso. action, in a suit brought against said gas company: provided,
said gas company be liable for said damages ; and provided,
reasonable notice be given by such town, to the gas company,
so that it might have defended the original action.
Approved March 26, 1 860.
Cha'D 122 -^^ ■^*-'^ '^'^ incorporate the Georgetown agricultural and
-* ' social library association.
Be it enacted, ^'c, as follows :
Corporators. SECTION 1. Jeremiah P. Jones, Solomon Nelson, Hiram
M. Couch, Richard Tenney, their associates and successors,
Title. are hereby made a corporation by the name of the George-
town Agricultural and Social Library Association, of George-
Purposes. towu, for the purposes of mental culture, the establishing
and maintaining a library, and the encouragement of the
Powers, rights, arts and sciences ; with all the powers and privileges, and
subject to all the duties, liabilities and restrictions, set forth
in the sixty-eighth chapter of the General Statutes, passed
on the twenty-eighth day of December, eighteen hundred
and fifty -nine.
&c
I860.— Chapters 123, 124. 8.9
Section 2. Said corporation may hold real and personal Real and person-
estate to an amount not exceeding ten thousand dollars.
Section 3. This act shall take effect from its passage. Amount.
Approved March 26, 1860.
An Act concerning the valuation of the property of this Chdp, 123
COMMONWEALTH. ^'
Be it enacted, Sf-c, as follows :
Section 1. If the assessors of any town or city shall Liability of as-
refuse or neglect to give information in relation to their valu-
ation of such town or city, when required so to do by the
state valuation committee, or by any sub-committee thereof,
they shall be liable for such refusal or neglect, to tlie fine
provided in the fourth section of the act to ascertain the
ratable estate within this Commonwealth, passed at the pre-
sent session of the legislature, for neglecting or refusing to
do or perform the duties required by said act.
Section 2. The secretary of the Commonwealth shall Secretary to
transmit a copy of this act to the assessors of each town and '
city in this Commonwealth. Approved March 29, 1860.
An Act concerning banks. Chai) 124
Be it enacted, cVc, as folloios :
Section 1. Every bank holding itself out to receive the ^"brreceivTat
bills of any bank in New England, current by law or usage par "ntn notice
in this state, for the purpose of redemption, (as is now done "
by the Bank of Mutual Redemption and the Suffolk Bank,)
and return, either directly or indirectly, to the bank of issue,
shall receive all such bills, offered in the usual course of
business, at par, until notice is given at its counter of refusal
of all such bills.
Section 2. Any bank giving such notice of refusal, shall P"W'<^at'on of
publish the same in the next daily issue of some newspaper
printed in Boston.
Section 3. No bank shall require any liability from any Liability of bin
person offering such bills, which it does not require from all '^"''^"''^
persons : provided, nothing herein contained shall interfere ProTiso.
with any contracts voluntarily entered into in relation to tlie
redemption of such bills.
Section 4. Whoever violates any provision of this act, Penalty for vio-
shall, for each offence, forfeit one thousand dollars, to be ''"'°°
recovered by an action in any court proper to try the same ;
one-half to the use of the prosecutor, and one-half to the
use of the Commonwealth.
Section 5. This act shall take effect upon its passage.
Approved March 29, 1860.
12
90 I860.— Chapters 125, 126, 127, 128.
Chnvi 1 9*1 "^^ ^^^ '^ RELATION TO THE BERKSHIRE AGRICULTURAL SOCIETY.
-^ * Be it enacted, Sj-c, as follows :
Repealing act. So mucli of sectioii sixteeii, of chapter sixty-six, of the
General Statutes, as requires the Berkshire Agricultural
Society to commence its annual exhibition on the last Tues-
day of September, is hereby repealed.
Approved March 29, 1860.
Chap. 126
An Act to incorporate the jegar sahadutha lodge.
Be it enacted, Sfc, as follows :
corporatora. SECTION 1. Ncwmau Ehrlich, Simon Reinstein and Ber-
nard Nelson, their associates and successors, are hereby
Title. made a corporation by the name of the Jegar Sahadutha
Purpose. Lodge, for the purpose of raising by means of stated con-
tributions from the members, a fund from which pecuniary
aid and assistance may be rendered to the widows and chil-
Powers, duties, drcu of dcccascd members ; and for these purposes shall
^''- have all the powers, and be subject to all the dutiea* and
liabilities, set forth in the sixty-eighth chapter of the General
Statutes, passed December twenty-eighth, eighteen hundred
and fifty-nine, so far as the same are applicable.
Estate. Section 2. Said corporation may take and hold, for the
purposes aforesaid, real or personal estate, or both, to an
Amount. amouut uot cxcccding twenty thousand dollars.
Approved March 29, 1860.
Chap. 121
An Act to extend the " act to authorize the chicopee manu-
facturing COMPANY TO CHANGE THE PAR VALUE OF ITS SHARES,
AND TO ISSUE NEW SHARES."
Be it enacted, §'c., as follows :
Extended one SECTION 1. The provisious of the ^ Act to authorize the
^^'^^' Chicopee Manufacturing Company to change the par value
of its shares and to issue new shares," approved on the
twenty-sixth day of February, in tlie year one thousand
eight hundred and fifty-nine, are hereby extended and con-
tinued in force for one year from the twenty-sixth day of
February, in the year one thousand eight hundred and sixty.
Section 2. This act shall take effect from its passage.
Approved March 29, 1860.
Chat) 128 "^^ ^^^ ^^ EQUALIZE THE SHARES IN CORPORATIONS.
Be it enacted, ^c, as follows :
Shares not to ex- SECTION 1. The Capital stock of cvcrv corporatiou here-
after established, shall be divided into shares, the par value
of which shall not exceed one hundred dollars each.
Existing corpora- SECTION 2. Eacli manufacturing, railway or banking
corporation, now established, the capital stock whereof is
ceed $100 each.
tions
I860.— Chapter 129. 91
divided into shares of a par value exceeding one hundred
dollars each, is hereby authorized and required, at its
annual meeting next after the passage of this act, to divide
its capital stock into equal shares, not exceeding one hun-
dred dollars. Every stockholder in such corporation shall
thereafter, upon surrender of his certificate of stock, be
entitled to a new certificate for his proportional number of
shares.
Section 3. The preceding section shall not be obligatory Exception.
upon corporations, the par value of whose shares cannot be
divided into shares of one hundred dollars each, without
leaving a surplus.
Section 4. This act shall take effect from its passage.
Approved March 30, 1860.
An Act to incorporate the boston and Virginia steam-ship QJinv) 129
COMPANY. ^'
Be it enacted, ^'c., as follows:
Section 1. Edward S. Tobey, Amos A. Lawrence, corporators.
Francis K. Fisher, J. B. Robinson, Daniel L. Winsor,
Charles Soule, junior, their associates and successors, are Title.
hereby made a corporation, by the name of the Boston and
Virginia Steam-ship Company, for the purpose of navigating purpose.
the ocean by steam ; with all the powers and privileges, and powers, duties,
subject to all the duties, restrictions and lialiilities, set forth ^'^
in the sixtieth and sixty-eighth chapters of the General
Statutes, passed December twenty-eighth, eighteen hundred
and fifty-nine.
Section 2. The said company are hereby authorized to j^jg^j ^^ ^^^^
build, purchase, charter, hold and convey, one or more ^^^i>^^ ^^■
steam-ships, and may therewith navigate the ocean between
Boston, Massachusetts, and one or more ports in the state Routes defined.
of Virginia, and may enter into such contracts as they may
deem expedient, to run steam-ships between such ports.
Section 3. The said company may hold personal prop- personal prop-
erty to an amount not exceeding two hundred thousand ^"^y-
dollars.
Section 4. If the said corporation shall not, within one Timeoforganiza-
year from the passage of this act, have been organized, and *""''&'=' """^d
have laid and collected an assessment or assessments to the
amount of ten per cent, upon the capital stock, and shall
not, within three years from the passage of this act, have
placed on the aforesaid route at least one steam-ship for the
purposes of said company, and shall not use the same for
the purposes in this act expressed, then this act shall
become null and void.
Section 5. This act shall take effect from and after its
passage. Approved March 30, 1860.
92
I860.— Chapter 130.
Chai) 130 ^ ^^^ ^^ APPORTION AND ASSESS A TAX OF TWO HUNDRED FORTY-
■^ * NINE THOUSAND NINE HUNDRED NINETY-FIVE DOLLARS.
Be it enacted, Sfc, as follows:
Cities and towns SECTION 1. Eacli towii aiid citj ill tliis Commoiiwealtli
shall be assessed and pay the several sums with which they
stand respectively charged in the following schedule, that
is to say :
SUFFOLK COUNTY.
to be assessed.
Boston, . .
Chelsea, . .
North Chelsea,
Eighty-two thousand two hundred forty-
five dollars,
One thousand four hundred sixty-seven
dollars fifty cents,
Three hundred twenty-five dollars, . .
•182,245 00
1,467 50
325 00
$84,037 50
ESSEX COUNTY.
Four hundred eighty dollars, ....
One thousand three hundred forty-two
dollars fifty cents,
Nine hundred sixty-two dollars fifty
cents,
Two hundred thirty-two dollars fifty
cents,
One hundred seventy dollars, ....
One thousand four hundred fifty-seven
dollars fifty cents,
Two hundred eighty dollars, ....
Three hundred twenty-seven dollars
fift}' cents,
One thousand one hundred five dollars.
One hundred eighty-five dollars, . .
One hundred ninety-two dollars fifty
cents,
One thousand twelve dollars fifty cents.
Four hundred seventy-seven dollars
fifty cents,
Two thousand four hundred eighty dol-
lars,
One thousand nine hundred thirty-two
dollars fifty cents,
One hundred fifty-five dollars, . . .
Two hundred thirty-five dollars, . . .
Amesbury, .
Andover, . .
Beverly, . .
Boxford, . .
Bradford, . .
Danvers, .
Essex, . .
Georgetown,
Gloucester,
Grovcland,
Hamilton,
Haverhill,
Ipswich, .
Lawrence,
Lynn, . .
Lyanfield,
Manchester,
1480 00
1,342 50
962 50
232 50
170 00
1,457 50
280 00
327 50
1,105 00
185 00
192 50
1,012 50
477 50
2,480 00
1,932 50
155 00
235 00
186Q.— Chapter 130.
ESSEX COUNTY— Continued.
93
Marblehead, . .
Methuen, . . .
Middleton, . •
Newbury, . . .
Newburyport, .
Rockport, .
Rowley, .
Salem, . .
Salisbury,
Saugus,
Topsfield, .
Wenham, .
West Newbury, .
Nine hundred twenty-two dollars fifty
cents,
Four hundred sixty-seven dollars fifty
cents,
One hundred thirty-two dollars fifty
cents,
Two hundred ninety dollars, ....
Two thousand three hundred twenty-
five dollars,
Three hundred forty-two doUars fifty
cents,
Two hundred two dollars fifty cents, .
Five thousand five hundred sixty dol-
lars,
Four hundred sixty dollars, ....
Two hundred twenty-seven dollars fifty
cents,
Two hundred ten dollars,
One hundred seventy dollars, . . . .
Two hundred sixty-five dollars, . . .
MIDDLESEX COUNTY.
Acton, . . .
Ashby, . . .
Ashland, .
Bedford, .
Billerica, .
Boxborough,
Brighton, .
Burlington,
Cambridge,
Carlisle, .
Charlestown,
Two hundred forty-seven dollars fifty
cents,
Two hundred fifty-five dollars, . . .
One hundred ninety-five dollars, . . .
One hundred sixty dollars, ....
Three hundred sixty-seven dollars fifty
cents,
One hundi'ed two dollars fifty cents, .
Six hundred eighty doUars, ....
One hundred twenty-five dollars, . .
Four thousand three hundred thirty
dollars,
One hundred forty doUars, ....
Three thousand six hundred sixty-five
-ij dollars, • . . •
$922 50
467 50
132 50
290 00
2,325 00
342 50
202 50
5,560 00
460 00
227 50
210 00
170 00
265 00
124,602 50
$247 50
255 00
195 00
160 00
367 50
102 50
680 00
125 00
4,330 00
140 00
8,665 00
94
I860.— Chapter 130.
MIDDLESEX COUNTY— Continued.
Chelmsford, . .
Four hundred seventeen dollars fifty
$417 50
Concord, . . .
Five hundred thirty-five dollars, . . .
535 00
Dracut, . . .
Three hundred ten dollars, ....
310 00
Dunstable, . .
One hundred fifty-two dollars fifty cents,
152 50
Framingham,
Eight hundred twenty dollars, . . .
820 00
Groton, . . .
Six hundred dollars,
600 00
Holliston, . . .
Three hundred eighty-two dollars fifty
382 50
Hopkinton, . .
Four hundred twenty-five dollars, . .
425 00
Lexington, . .
Four hundred ninety-seven dollars fifty
497 50
Lincoln, . . .
Two hundred dollars,
200 00
Littleton, . . .
Two hundred five dollars,
205 00
Lowell, . . .
Seven thousand one hundred eighty
dollars,
7,180 00
750 00
Maiden, . . .
Seven hundred fifty dollars, ....
Marlborough,
Five hundred thirty-five dollars, . . .
535 00
Medford, . . .
One thousand fifteen dollars, ....
1,015 00
Melrose, . . .
Two hundred twenty-five dollars, . .
225 00
Natick, . . .
Four hundred forty dollars, ....
440 00
Newton, . . .
Pepperell, . .
One thoiisand three hundred twenty-
two dollars fifty cents,
Three hundred thirty dollars, ....
1,322 50
330 00
Reading, . . .
Five hundred five dollars,
505 00
Sherborn, . . .
Two hundred twenty-five dollars, . .
225 00
Shirley, . . .
Two hundred forty-five dollars, . . .
245 00
Somerville, . .
Eight • hundred sixty-two dollars fiftiy.
cents,
862 50
South Reading, .
Three hundred fifty-two dollars fifty
cents,
352 50
Stoneham, . .
Two hundred fifty-two dollars fifty cents,
252 50
Stow
Two hundred seventy-two dollars fifty
cents, ,
272 50
Sudbury, . . .
Three hundred eighty-seven dollars
fifty cents, .
387 50
I860.— Chapter 130.
MIDDLESEX COUNTY— Continued.
95
Tewksbury, .
Townsend,
Tyngsborough,
Waltham, . .
Water town, .
Wayland, . .
-W. Cambridge,
Westford, . .
"Weston, . .
Wilmington, .
Winchester, .
Woburn, . .
Two hundred sixty-five dollars, . .
Three hundred seventy-five dollars,
Two hundred five dollars, . . . .
One thousand one hundred sixty-two
dollars fifty cents,
Nine hundred fifty-five dollars, . . .
Two hundred fifteen dollars, ....
Six hundred eighty-seven dollars fifty
cents,
Three hundred forty-five dollars, . .
Three hundred dollars, ....
One hundred seventy-five dollars.
Two hundred eighty-five dollars.
Eight hundred forty dollars, . .
$265 00
375 00
205 00
1,162 50
955 00
215 00
687 50
345 00
300
00
175
00
285
00
840
00
$35,522
50
WORCESTER COUNTY.
Ashburnham,
Three hundred twelve dollars fifty <
jents.
$312 50
Athol, ....
Three hundred seven dollars fifty (
;ents.
307 50
Auburn, . . .
One hundred eighty dollars, . .
180 00
Barre, ....
Six hundred seventeen dollars
cents,
fifty
617 50
Berlin, ....
One hundred twenty-five dollars,
125 00
Blackstone, . .
Seven hundred eighty dollars,
780 00
Bolton, . . .
Two hundred thirty-two dollars
fifty
232 50
Boylston, . . .
One hundred ninety-five dollars.
195 00
Brookfield, . .
Two hundred ninety dollars, . .
290 00
Charlton, . . .
Four hundred fifteen dollars, . .
415 00
Clinton, . . .
Four hundred seven dollars fifty
cents.
407 50
One hundred five dollars, .
105 00
96
I860.— Chapter 130.
WORCESTER COUNTY— Continued.
Douglas, .
Dudley, .
Fitchburg,
Gardner, .
Grafton, .
Hardwick,
Harvard, .
Holden, .
Hubbardston,
Lancaster,
Leicester, .
Leominster,
Lunenburg,
Mendou, .
Milford, .
Millbury, .
New Braintree, .
N. Brookfield, .
Northborough, .
Nortlibridge,
Oakham, .
Oxford,
Paxton, .
Petersham,
Pliillipston,
Princeton,
Royalston,
Three hundred fifteen dollars, . . .
Two hundred eighty-five dollars, . .
Nine hundred twelve dollars fifty cents,
Two hundred fifty-seven dollars fifty
cents,
Six hundred twenty-two dollars fifty
cents,
Three hundred fifty-five dollars, . . .
Three hundred thirty dollars, . . . .
Three hundred forty-seven dollars fifty
cents,
Two hundred ninety-five dollars, . .
Two hundred ninety-five dollars, . .
Five hundred twenty-five dollars, . .
Five hundred sixty-five dollars, . . .
Two hundred seventy-two dollars fifty
cents,
Two hundred ninety-two dollars fifty
cents,
Six hundred seven dollars fifty cents, .
Four hundred fifty-five dollars, . . .
Two hundred twenty-seven dollars fifty
cents,
Three hundred five dollars, ....
Two hundred eighty dollars, . . . .
Three hundred five dollars, . . . .
One hundred ninety dollars, ....
Four hundred thirty dollars, ....
One hundred thirty-seven dollars fifty
cents,
Three hundred forty-two dollars fifty
cents,
One hundred sixty-five dollars, . . .
Two hundred seventy-two dollars fifty
cents,
Three hundred forty-five dollars, . .
$315 00
285 00
912 50
257 50
622 50
355 00
330 00
347 50
295 00
295 00
525 00
565 00
272 50
292 50
607 50
455 00
227 50
305 00
280 00
305 00
190 00
430 00
137 50
342 50
165 00
272 50
345 00
I860.— Chapter 130.
WORCESTER COUNTY— Continued.
97
Rutland, .
Shrewsbury,
Southborough
Southbridge,
Spencer, .
Sterling, .
Sturbrldge,
Sutton,
Templeton,
Upton, . .
Uxbridge,
Warren, .
Webster, .
West Boylston,
W. Brookfield,
Westborough,
Westminster,
Winchendon,
Worcester, .
Two hundred twenty-seven dollars fifty
cents,
Three hundred fifty dollars, ....
Two hundred sixty-seven dollars fifty
cents,
Five hundred dollars,
Three hundred eighty dollars, . . .
Three hundred fifty dollars, ....
Three hundred seventy-five dollars.
Four hundred thirty-seven dollars fifty
cents,
Three hundred ninety-seven dollars fifty
cents,
Two hundred eighty-five dollars, . .
Four hundred ninety-five dollars, . .
Three hundred seven dollars fifty cents.
Three hundred sixty-five dollars, . .
Two hundred forty-seven dollars fifty
cents,
Two hundred thirty-seven dollars fifty
cents,
Three hundred fifty dollars, ....
Three hundred thirty-two dollars fifty
cents,
Four hundred twenty-two dollars fifty
cents,
Four thousand six hundred sixty-seven
dollars fifty cents,
HAMPSHIRE COUNTY.
Amherst, . .
Belchertown,
Chesterfield, .
Cummin^ton,
Easthampton,
Five hundred seventeen dollars fifty
cents,
Three hundred eighty-seven dollars fifty
cents,
One hundred seventy dollars, . . .
One hundred seventy-five dollars, . .
One hundred eighty-seven dollars fifty
cents,
227
50
350
00
267
50
500 00
380
00
350
00
375
00
437 50
397 50
285 00
495 00
307 50
365 00
247 50
237
350
50
00
3.32
50
422
50
4,667
50
$24,695 00
1517 50
387 50
170 00
175 00
187 50
13
98
I860.— Chapter 130.
HAMPSHIRE COUNTY— Continued.
Enfield, .
Goshen, .
Granby, .
Greenwich,
Hadley, .
Hatfield, .
Huntington,
Middlefield,
Northampton
Pelham, .
Plainfield,
Prescott, .
South Hadley,
Southampton,
Ware, . . .
Westhamptou,
Williamsburg,
Worthington,
Blandford,
Brimfield,
Chester, .
Chicopee, .
Granville, .
Holland, .
One hundred ninety-five dollars, . .
Eighty dollars,
One hundred seventy-five dollars, . .
One hundred twenty dollars, ....
Three hundred ninety-seven dollars fifty
cents,
Two hundred ninety-seven dollars fifty
cents,
One hundred twelve dollars fifty cents,
One hundred thirty-five dollars, . . .
One thousand ninety-two dollars fifty
cents,
One hundred seven dollars fifty cents, .
One hundred thirty dollars, . . . .
One hundred twelve dollars fifty cents,
Three hundred fifteen dollars, . . .
One hundred seventy-five dollars, .
Five hundred twenty dollars, ....
One hundred dollars,
Two hundred eighty-seven dollars fifty
cents,
Two hundred seven dollars filty cents,
HAMPDEN COUNTY.
Two hundred forty dollars, ....
Two hundred ninety-two dollars fifty
cents,
Two hundred five dollars,
One thousand five hundred five dollars,
One hundred eighty-two dollars fifty
cents,
Sixty-seven dollars fifty cents, . . .
$195 00
80 00
175 00
120 00
397 50
297 50
112 50
135 00
1,092
107
50
50
130 00
112
50
315
00
175 00
520 00
100
00
287
207
50
50
3,997 50
$240 00
292 50
205 00
1,505 00
182 50
67 50
I860.— Chapter 130.
HAMPDEN COUNTY— Continued.
99
Holyoke, . .
Longmeadow,
Ludlow, . .
Monson, . .
Montgomery,
Palmer, .
Russell,
South wick,
Springfield,
Tolland, .
Wales, . .
W. Springfield,
Westfield, .
Wilbraham, .
Eight hundred five dollars, ....
Three hundred fifty-two dollars fifty
cents,
Two hundred two dollars fifty cents.
Four hundred twelve dollars fifty cents.
Seventy dollars,
Five hundred fifty-seven dollars fifty
cents,
Seventy-seven dollars fifty cents, . .
Two hundred thirty-two dollars fifty
cents,
Two thousand seven hundred seventy-
five dollars,
Ninety dollars,
One hundred two dollars fifty cents.
Seven hundred dollars,
Seven hundred ten dollars, ....
Four hundred dollars,
Ashfield, . .
Bernardston,
Buckland,
Charlemont,
Colrain,
Conway,
Peerfield, .
Erving,
Gill, .
Greenfield,
FRANKLIN COUNTY.
Two hundred forty dollars, ....
One hundred sixty-seven dollars fifty
cents,
One hundred forty dollars,
One hundred sixty-seven dollars fifty
cents,
Two hundred eighty-seven dollars fifty
cents,
Three hundred two dollars fifty cents, .
Four hundred fifty dollars,
Seventy-two dollars fifty cents, . . .
One hundred thirty dollars, . . . .
Four hundred seventy-two dollars fifty
cents,
$805 00
352 50
202 50
412 50
70 00
557 50
77 50
232 50
2,775
90
00
60
102
50
700
00
710
00
400
00
),980 00
$240 00
167 50
140 00
167 50
287 50
302 50
450 00
72 50
130 00
472 50
100
I860.— Chapter 130.
FRANKLIN COUNTY— Continued.
Hawley, . . .
One hundred twenty-five dollars, . .
$12.5 00
Heath,. . . .
One hundred seventeen dollars fifty
cents, j
117 50
Leverett, . . .
One hundred twenty-five dollars, . . |
125 00
Leyden, . . .
Monroe, . . .
Ninety dollars,
90 00
Twenty-seven dollars fifty cents, . .
27 50
Montague, . .
Two hundred ten dollars,
210 00
New Salem, . .
One hundred eighty-seven dollars fifty
187 50
Northfield, . .
Three hundred twenty-five dollars, . .
325 00
Orange, . . .
Three hundred five dollars, ....
305 00
Rowe, ....
Ninety-seven dollars fifty cents, . . .
97 50
Shelburne, . .
Two hundred seven dollars fifty cents, .
207 50
Shutesbury, . .
One hundred forty dollars, ....
140 00
Sunderland, . .
One hundred forty dollars, ....
140 00
Warwick, . . .
One hundred ninety-seven dollars fifty
197 50
Wendell, . . .
One hundred seventy-five dollars, . .
175 00
Whately, . . .
One hundred ninety-seven dollars fifty
cents,
197 50
$5,097 50
BERKSHIRE COUNTY.
Adams, . . .
Eight hundred seven dollars fifty cent^,
$807 50
Alford,. . . .
Ninety-seven dollars fifty cents, . . .
97 50
Becket, . . .
One hundred fifty-seven dollars fifty
157 50
Cheshire, . . .
Two hundred thirty-five dollars, . . .
235 00
Clarksburg, . .
Forty-seven dollars fifty cents, . . .
47 50
Dalton, . . .
One hundred ninety-seven dollars fifty
cents,
197 50
Egremont, . .
Two hundred two dollars fifty cents, .
202 50
i
I860.— Chapter 130.
BERKSHIRE COUNTY— Continued.
101
Florida, . . .
Gt. Barrington, .
Hancock, . . .
Hinsdale, . . .
Lanesborough, .
Lee, . . . .
Lenox, . . .
Monterey, . .
Mt. Washington, ,
New Ashford, .
New Marlboi'o', .
Otis, . .
Peru, . .
Pittsfield, .
Richmond,
Sandisfield,
Savoy, . .
Sheffield, .
Stockbridge,
Tyringham,
Washington, .
W. Stockbridge,
Williamstown,
Windsor, . .
Seventy dollars,
Five hundred seventy-seven dollars fifty
cents,
One hundred fifty-five dollars, . . .
One hundred eighty-five dollars, . .
Two hundred twenty-seven dollars fifty
cents,
Four hundred fifty-five dollars, . . .
Two hundred thirty-seven dollars fifty
cents,
One hundred two dollars fifty cents,
Forty-two dollars fifty cents, ....
Forty-two dollars fifty cents, ....
Two hundred forty-two dollars fifty
cents,
One hundred fifty-seven dollars fifty
cents,
Ninety dollars,
One thousand one hundred sixty dollars.
One hvindred sixty-fiv-e dollars, . . .
Two hundi-ed twenty-two dollars fifty
cents,
Ninety-five dollars,
Four hundred ninety dollars, ....
Three hundred twenty-two dollars fifty
cents,
One hundred twelve dollars fifty cents,
One hundred twelve dollars fifty cents.
Two hundred fifty-five dollars, . . .
Four hundred thirty dollars, . . . .
One hundred forty dollars, . . . .
$70 00
577 50
155 00
185 00
227 50
455 00
237 50
102 50
42 50
42 50
242 50
157 50
90 00
1,160 00
165 00
222 50
95 00
490 00
322 50
112 50
112 50
255 00
430 00
140 00
17,835 00
102
Bellingham,
Braintree,
Brookline, .
Canton, .
Cohasset, .
Dedham, .
Dorchester,
.Dover, . .
Foxborough,
Franklin, .
Medfield, .
Medway, .
Milton,
Needham,
Quincy, .
Randolph,
Roxbury, .
Sharon, .
Stoughton,
Walpole, .
Weymouth,
Wrentham,
I860.— Chapter 130.
NORFOLK COUNTY.
Two hundred thirty dollars, . . . .
Four hundred seventy-seven dollars
fifty cents,
Two thousand eighty dollars, ....
Five hundred eighty-five dollars, . .
Three hundred twenty-seven dollars
fifty cents,
One thousand two hundred fifty-two
dollars fifty cents,
Two thousand seven hundred forty-two
dollars fifty cents,
One hundred thirty dollars, ....
Two hundred ninety-five dollars, . .
Two hundred ninety dollars, ....
Two hundred dollars,
Four hundred twelve dollars fifty cents.
Seven hundred five dollars, ....
Three hundred sixty dollars, . . . .
Nine hundred thirty-five dollars, . .
Seven hundred eighty dollars, . . .
Five thousand five hundred seven dol-
lars fifty cents,
Two hundred forty dollars, . . . .
Five hundred seventeen dollars fifty
cents,
Three hundred fifty-two dollars fifty
cents,
Seven hundred eighty-five dollars, . .
Five hundred dollars,
$230 00
477 50
2,080 00
585 00
327 50
1,252 50
2,742 50
130 00
295 00
290 00
200 00
412 50
705 00
360 00
935 00
780 00
5,507 50
240 00
517 50
352 50
785 00
500 00
119,705 00
BRISTOL COUNTY.
Attleborough,
Berkley, . .
Five hundred twelve dollars fifty cents, $512 50
One hundred forty-five dollars, . . . 145 00
I860.— Chapter 130.
BRISTOL COUNTY— Continued.
103
Dartmouth,
Dighton, .
Easton,
•
Fairhaven,
Fall River,
Freetown,
Mansfield,
.
New Bedford
•
Norton,
.
Pawtucket,
•
Raynham,
Rehoboth, .
•
Seekonk, .
.
Somerset, .
Swanzey, .
•
Taunton, .
•
Westport, .
Nine hundred sixty dollars.
Two hundred thirty-seven dollars fifty
cents,
Three hundred thirty-two dollars fifty
cents,
One thousand three hundred twenty
dollars,
i?wo thousand five hundred ninety-
seven dollars fifty cents, ....
Two hundred fifty dollars,
One hundred ninety-two dollars fifty
cents,
Five thousand seven hundred ninety-
five dollars,
Three hundred fifteen dollars, . . .
Four hundred forty-five dollars, . . .
Two hundred twenty-seven dollars fifty
cents,
Three hundred twelve dollars fifty
cents,
Three hundred fifteen dollars, . . .
Two hundred two dollars fifty cents, .
Two hundred thirty-five dollars, . . .
One thousand six hundred seventy-seven
dollars fifty cents,
Six hundred twenty-two dollars fifty
cents,
$960 00
237 50
332 50
1,320 00
2,597 50
250 00
192 50
5,795 00
315 00
445 00
227 50
312 50
315 00
202
50
235 00
1,677
50
622
50
$16,695 00
PLYMOUTH COUNTY.
Abington, • .
Bridgewater,
Carver, . . ,
Duxbury, . .
E. Bridgewater,
Halifax, . .
Seven hundred twenty-two dollars fifty
cents,
Five hundred thirty-seven dollars fifty
cents,
One hundred sixty-two dollars fifty
cents,
Four hundred eighty-two dollars fifty
cents,
Three hundred eighty-two dollars fifty
cents,
One hundred twenty-two dollars fifty
cents,
f722 50
537 50
162 50
482 50
382 50
122 50
104
I860.— Chapter 130.
PLYMOUTH COUNTY— Continued.
Hanover, .
Hanson, .
Hingham, .
Hull, . .
Kingston, .
Marslifield,
Middleborough,
N. Bridgewater,
Pembroke,
Plymouth,
Plympton,
Rochester,
Scituate, .
South Scituate, .
Wareham, . .
W. Bridgewat'r, .
Two hundred fifty dollars,
One hundred seventy-five dollars, . .
Seven hundred seventeen dollars fifty
cents,
Fifty dollars,
Three hundred sixty-five dollars, . .
Two hundred ninety-two dollars fifty
cents,
Seven hundred fifty dollars, ....
Five hundred seventeen dollars fifty-
cents,
Two hundred five dollars,
One thousand ninety-five dollars, . .
One hundred fifty-two dollars fifty cents,
Five hundred fifty-two dollars fifty
cents,
Three hundred twelve dollars fifty cents.
Three hundred thirty-two dollars fifty
cents,
Four hundred thirty-seven dollars fifty
cents,
Two hundred thirty-two dollars fifty
cents,
Barnstable,
Brewster, .
Chatham, .
Dennis,
Eastham, .
Falmouth,
Harwich, .
BARNSTABLE COUNTY.
Seven hundred two dollars fifty cents.
One hundred sixty-five dollars, . . .
Two hundred forty-seven dollars fifty
cents,
Three hundred eighty-five dollars, . .
Ninety-five dollars,
Four hundred twenty-seven dollars fifty
cents,
Two hundred eighty-two dollars fifty
cents,
$250 00
175 00
717 50
50 00
365 00
292
750
50
00
517
205
50
00
1,095
00
152
50
552
312
50
50
332
50
437
50
232
50
J,847 50
$702 50
165 00
247 50
385 00
95 00
427 50
282 50
I860.— Chapter 130.
BARNSTABLE COUNTY— Continued.
Orleans, . .
Provincetown,
Sandwich,
Truro, . . .
Wellfleet, . .
Yarmouth,
Chilmark,
Edgartown,
Tisbury, .
Nantucket,
One hundred seventy-two dollars fifty
cents,
Four hundred sixty-five dollars, . . .
Six hundred ten dollars,
One hundred ninety-seven dollars fifty
cents,
One hundred seventy-seven dollars fifty
cents,
Three hundred forty-seven dollars fifty
cents,
DUKES COUNTY.
One hundred ninety-seven dollars fifty
cents,
Three hundred seven dollars fifty cents,
Two hundred sixty-two dollars fifty
cents,
NANTUCKET COUNTY.
One thousand nine hundred thirty-seven
dollars fifty cents,
$172 50
465 00
610 00
197 50
177 50
347 50
1,275 00
$197 50
307 50
262 50
$767 50
L,937 50
105
14
106
I860.— Chapter 130.
RE C APITUL ATION,
Suffolk County, .
Essex County,
Middlesex County,
Worcester County,
HampshireCounty,
Hampden County,
Franklin County,
Berkshire County,
Norfolk County, .
Bristol County, .
Plymouth County,
BarnstableCounty,
Dukes County,
Nantucket County,
Eighty-four thousand thirty-seven dol-
lars fifty cents,
Twenty-four thousand six hundred two
dollars fifty cents,
Thirty-five thousand five hundred
twenty-two dollars fifty cents, . .
Twenty-four thousand six hundred
ninety-five dollars,
Five thousand nine hundred ninety-
seven dollars fifty cents, ....
Nine thousand nine hundred eighty-
dollars,
Five thousand ninety-seven dollars
fifty cents,
Seven thousand eight hundred thirty-
five dollars,
Nineteen thousand seven hundred five
dollars,
Sixteen thousand six hundred ninety-
fi ve dollars,
Eight thousand eight hundred forty-
seven dollars fifty cents, ....
Four thousand two hundred seventy-
five dollars,
Seven hundred sixty-seven dollars fifty
cents,
One thousand nine hundred thirty-
seven dollars fifty cents, ....
$84,037 50
24,602 50
35,.522 50
24,695 00
5,997 50
9,980 00
5,097 50
7,835 00
19,705 00
16,695 00
8,847 50
4,275 00
767 50
1,937 50
$249,995 00
Treasurer to
assessors.
Section 2. The treasurer of the Commonwealth shall
sue warrant to forthwith seiid his Warrant, with a copy of this act, directed
to the selectmen or assessors of each city or town taxed as
aforesaid, requiring them, respectively, to assess the sum so
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
selectmen, ^gq^^jj-g ^hc said selcctmcn or assessors to pay, or to issue
their several warrant or warrants, requiring the treasurers
of their several cities or towns to pay to said treasurer of the
Commonwealth, on or before the first day of December, in
the year one thousand eight hundred and sixty, the sums set
against said cities or towns in the schedule aforesaid ; and
the selectmen or assessors, respectively, shall return a certifi-
cate of the names of such treasurers, with the sum which
Duties of asses-
sors
&c.
I860.— Chapter 131. 107
each may be required to collect, to the said treasurer of the
Commonwealth, at some time before the first day of October
next.
Section 4. If the amount due from any city or town, as Penalties for de-
provided in this act, is not paid to the treasurer of the Com- ^"^"^"''y'
monwealth within the time specified, then the said treasurer
shall notify the treasurer of said delinquent city or town,
who shall pay into the treasury of the Commonwealth, in
addition to the tax, such further sum as would be equal
to one per centum per month during such delinquency,
dating on and after the first day of December next ; and if
the same remains unpaid after the first day of January next,
an information may be filed by the treasurer of the Common-
wealth in the supreme judicial court, or before' any justice
thereof, against such delinquent city or town ; and upon
notice to such city or town, and a summary hearing thereon,
a warrant of distress may issue against such city or town, to
enforce the payment of said taxes, under such penalties as
the said court, or the justice thereof before whom the hear-
ing is had, shall order.
Section 5. This act shall take effect from its passage.
Approved March 30, 1860.
An Act fou supplying the records of the cohasset mutual njtn^ 131
FIRE INSURANCE COMPANY. * *
Be it enacted, §•(?., as follows:
Section 1. Caleb Nichols, of Cohasset, is hereby author- certain records,
ized to supply tlie records of the Cohasset Mutual Fire fegauzer''"^"'
Insurance Company, for the stockliolders' meeting of the
second of January, eighteen hundred and sixty, and the
directors' meeting of the same day; and such records, when
so supplied, signed and sworn to before any justice of the
peace, shall be deemed and taken to be the original records
of said company, and shall have the same force and effect
as if made by the secretary thereof at the date of the meet-
ings of said second day of January ; and notwithstanding
the omission of said records so authorized to be supplied,
the corporate acts of said company, or its officers, otherwise
legally elected at or subsequently to said meetings of said
second day of January, shall be deemed and considered to
be legal and valid.
Section 2. This act shall take effect from its passage.
Approved March 30, 1860, j
108 I860.— Chapters 132, 133, 134, 135.
Chap. 132 ^ ^^^ ^^ AUTHORIZE JOHNKILEY TO BUILD A WHARF IN PROVINCE-
"' . TOWN HARBOR.
Be it enacted, Sfc, as follows :
John Kiley is hereby authorized to build a wharf in
Extent. Provincetown Harbor, to extend it to a distance at which
Rights. there shall be six feet of water at low tide ; and he shall
have the right to lay vessels at the end and sides of said
Proviso. wharf, and to receive wharfage and dockage therefor : pro-
vided, that this grant shall not impair the legal rights of any
other person. Approved March 30, 1860.
Chap. 133
An Act to increase the capital stock of the old colony
insurance company.
Be it enacted, f^'c, as follows :
Amount of in- The Old Colouy Insurance Company, in the town of
Plymouth, is hereby authorized to increase its capital stock,
Shares. ]r,y ^u addition thereto of the sum of fifty thousand dollars,
Proviso. to be divided into shares of one hundred dollars each : pro-
vided, the same shall be paid in within three years from the
passage of this act. Approved March 30, 1860.
Chap. 134 -^^ ^'^'^ '^'^ authorize GEORGE H. ROGERS TO BUILD WHARVES IN
"' GLOUCESTER HARBOR.
Be it enacted, §"c., as follotvs :
Location Gcorgo H. Rogcrs is hereby authorized to build and
maintain a wharf or wharves at the southerly side of Fort
Point, in the town of Gloucester, from land owned by him.
Extent. commencing at western terminus of the grant made to
him in eighteen hundred and forty-nine, as described in the
one hundred and third chapter of the acts of that year, and
extending westerly six hundred and fifty feet by the shore,
and extending southerly not exceeding sixty feet from low-
Rights, water mark ; and sliall have the right to lay vessels at said
wharf or wharves, and receive wharfage and dockage there-
Proviso. for : provided, that this act shall in no wise impair the legal
rights of any person whatever. Approved March 30, 1860.
Chap. 1 35 ^^ ■^'^'^ ^^ ADDITION TO AN ACT CONCERNING SCHOOL DISTRICTS.
Be it enacted, ^c, as follows :
Tax, how levied. SECTION 1. The tax provided for by section third, chap-
ter thirty-nine of the General Statutes, passed December
twenty-eighth, eighteen hundred and fifty-nine, assessed to
pay the amount of the appraisal of the property of the sev-
eral school districts, may be levied upon the town either in
one or more assessments, and at either or each of the next
three annual assessments after the appraisal of the property,
^s the town may determine.
I860.— Chapter 136. 109
Section 2. Any town may avail itself of all the provi- provisions of the
sions of the aforesaid third section of the thirty-ninth chap- ?ake effecr^"" *°
ter of the General Statutes, after the passage of this act.
Section 3. This act shall take effect upon its passage.
Approved March 31, 1860.
Chap. 136
An Act to establish the city of taunton.
Be it enacted, Sfc, as folloios :
Section 1. The inhabitants of the town of Taunton shall city of Taunton
continue to be a body politic and corporate under the name '^^*'^'^i'^'>«'^-
of the City of Taunton, and as such shall have, exercise and
enjoy, all the rights, immunities, powers and privileges, and
be subject to all the duties and obligations now incumbent
upon and appertaining to said town as a municipal corpo-
ration.
Section 2. The administratioji of the financial, pruden- Mayor, aidermen
tial and municipal affairs of said city, and the government couuen. *^°'"'"°''
thereof, shall be vested in one principal officer, to be styled
the mayor, one council of eight, to be called the board of
aldermen, and one council of twenty-four, to be called the
common council, which boards, in their joint capacity, shall
be called the city council ; and the members thereof shall
be sworn to the faithful performance of the duties of their
respective offices. A majority of each board shall constitute
a quorum for the transaction of business, and no member of
either board shall ever receive any compensation for his
services.
Section 3. It shall be the duty of the selectmen of selectmen of
Taunton, within twenty days after the passage of this act, vX"' "he *°town
and its acceptance by the inhabitants, as hereinafter provided, into wards.
to divide said town into eight wards, to contain, as nearly as
conveniently may be, an equal number of inhabitants, which
proceedings of the selectmen shall be subject to the revision
of the city council within one year after the passage of this
act ; and it shall be the duty of the city council every fifth city council to
year thereafter, and not oftener, to revise, and, if it be need- every five yrars'*^
ful, to alter said wards in such manner as to preserve, as
nearly as may be, an equal number of inhabitants in each
ward, which division of the town into wards, by said select-
men, shall be by them reduced to writing, and subscribed,
and shall be recorded by the town clerk for the time being,
with the records of said town of Taunton.
Section 4. On the fifth Monday next after the day this wardens, cierks,
charter shall have been accepted by the inhabitants of erection's':'''"™ "^
Taunton, as is hereinafter provided, and on the first Monday
in December in each succeeding year, there shall be chosen,
110
I860.— Chapter 136.
Their duties.
by ballot, in each of said wards, a warden, clerk, and three
inspectors of elections, residents of the wards in which they
are chosen, who shall hold their offices for one year, and
until others shall have been chosen in their places, and qual-
ified to act. It shall be the duty of such warden to preside
at all ward meetings, with the powers of a moderator of a
town meeting ; and if at any ward meeting the warden shall
not be present, the clerk of such ward shall call the meeting
to order, and preside until a warden -pro tempore shall be
chosen by ballot ; and if at any ward meeting the clerk shall
not be present, a clerk /;ro tempore shall be chosen by ballot.
The clerk shall record all the proceedings, and certify the
votes given, and deliver to his successor in office all such
records and journals, together with all other documents and
papers held by him as such clerk ; and it shall be the duty
of the inspectors of elections to assist the warden in receiving,
assorting and counting the votes. And the warden, clerk
and inspectors so chosen shall respectively make oath or
affirmation faithfully and impartially to discharge their
several duties relative to all elections, which oath may be
administered by the clerk of such ward to the warden, and
by the warden to the clerk and inspectors, or by any justice
of the peace for the county of Bristol; and a certificate that
said oath has been taken shall be entered upon the records
of the ward by the clerk thereof. All warrants for meetings
of the citizens for municipal purposes to be held either in
wards or in general meetings, shall be issued by the mayor
and aldermen, and shall be in such form, and shall be served,
executed and returned in such manner and at such times as
the city council may, by any by-law, direct ; and said war-
rants, with the returns of the officer serving the same thereon,
shall be recorded by the city clerk.
Section 5. The mayor shall be elected by the qualified
counciimeTnow votcrs of the city at large, voting in their respective wards ;
elected. 2,\i^ ouc aldcrmau and three common councilmen shall be
elected from and by the voters of each ward, being residents
in the wards when elected. All said officers shall be chosen
by ballot, and shall hold their offices from their election and
qualification, in the year one thousand eight hundred and
sixty, till the first Monday in January, in the year one thou-
sand eight hundred and sixty-two, and for one year from the
first Monday in January in each succeeding year, and until
others shall be elected and qualified to fill their places.
School commit- SECTION 6. The school committcc shall consist of twenty-
*®^" four, and shall be elected, three from and by the voters of
each ward, who shall be residents of the ward when elected ;
Warrants
meetings.
Mayor, aldermen
and
I860.— Chapter 136. Ill
of which three the person who receives the highest number
of votes, or in case two or more receive an equal number of
votes, the person who is senior by age, shall hold the office
till the first Monday in January, in the year eighteen hun-
dred and sixty-four, and the person who receives the next
highest number of votes, or who is senior by age in the con-
tingency aforesaid, shall hold the office till the first Monday
in January, in the year eighteen hundred and sixty-three,
and the other person shall hold his office till the first Monday
in January, in the year eighteen hundred and sixty-two ; and
at the annual election in the year eighteen hundred and
sixty-one, and at each subsequent annual election, one per-
son shall be chosen from and by the voters of each ward to
be a member of the school committee for the term of three
years from the first Monday of January next following. In vacancies, how
case of a vacancy in the school committee, occasioned by the
decease or resignation of any member thereof, or of his ina-
bility to perform the duties of his office, the city council, in
convention, shall elect a person to fill the same, who shall
hold his office until the next annual election of municipal
officers, and until another shall be chosen and qualified in
his stead ; and at said annual election a person shall be
elected to said office, in the manner herein before provided,
who shall hold the same for the residue of the unexpired
term. The school committee shall be chosen by ballot, and
shall receive no pay for their services.
Section 7. The several school districts in the town of Pmdentiai com-
Taunton shall elect their own prudential committees in the Sistricta"*^ "'''°°'
manner now provided by law, which committees, when
chosen, shall be subject to the same obligations, and perform
the same duties, and have the same authority that prudential
committees of the several school districts in the town of
Taunton have.
Section 8. Annually, in the month of January, the alder- Assessors of tax-
men and common council shall meet in convention, and shall ^s, how chosen.
elect by ballot eight assessors of taxes, one from each ward,
who shall hold their offices for one year from and after their
election, and until others shall be elected and qualified in
their places ; they shall be severally sworn to the faithful
discharge of their duties, which oath shall be administered
by the mayor, in a meeting of the board of aldermen, and compensatioa.
they shall receive the same pay for their services as is now
allowed assessors for towns, by the laws of this Common-
wealth. The board of aldermen and common council shall, overseers of the
at the same time, choose from the citizens at large three p""""-
overseers of the poor, no two of whom shall be residents of
112
I860.— Chapter 136.
CompensatioD,
&c.
Proviso.
First and subse-
city officers.
the same ward, who shall hold their offices for the same
length of time, and shall be qualified in the same manner
as is herein before provided for assessors, and who shall
receive the same compensation as is now provided by law
for overseers of the poor in towns. The said assessors and
overseers of the poor shall constitute, respectively, the board
of assessors and board of overseers of the poor, and they
shall have, respectively, all the powers, and shall be subject
to all the duties and liabilities that assessors and overseers
of the poor in towns now have, under existing laws. And
all taxes shall be assessed, apportioned and collected in the
manner prescribed by the laws of this Commonwealth : pro-
vided, however, that the city council may establish further
or additional provisions for the collection thereof.
Section 9, On the fifth Monday next after the day this
ci"tv°officTrs°'''''^ charter shall have been accepted by the inhabitants of Taun-
ton, as is hereinafter provided, and on the first Monday in
December in each succeeding year, the qualified voters in
each ward shall give in their votes for mayor, aldermen,
common councilmen, school committee, warden, clerk, and
inspectors, as provided in the preceding sections ; and all
the votes so given shall be assorted, counted, declared and
registered, in open ward meeting, by causing the names of
persons voted for, and the number of votes given for each,
with designations of the office, to be written in the ward
records, in words, at length. The clerk of the ward, within
twenty-four hours after such election, shall deliver to the
persons elected aldermen, common councilmen and school
committee, certificates of their election, signed by the warden
and clerk, and by a majority of the inspectors of elections,
and shall within the same time deliver to the city clerk a
copy of the records of such elections, certified in like man-
ner : provided, however, that if the choice of aldermen,
councilmen and school committee cannot be conveniently
efiected on that day, the meeting may be adjourned from
time to time to complete such election.
The board of aldermen shall, as soon as conveniently may-
be, examine the copies of records of the several wards, certi-
fied as aforesaid, and shall cause the person who has been
elected mayor to be notified in writing, of his election ; but
if it shall appear that no person has received a plurality of
votes, or if the person elected shall refuse to accept the
office, the board of aldermen shall issue their warrants for a
new election, and the same proceedings shall be had as are
herein before provided? for the choice of mayor, and repeated
fcho'of ""commit^ from time to time until a mayor shall be chosen. If it shall
Certificates
elections.
Mayor elect to be
notified.
Warrants for new
elections in cer-
tain cases.
I860.— Chapter 136. 113
appear that the whole number of scliool committee at large
have not been elected the same proceedings shall be had as
are herein before provided for the choice of mayor.
In case of the decease, resignation or absence of the mayor, Mayor jiro tem-
or of his inability to perform the duties of his office, the vacanly.
board of aldermen and the common council shall, in conven-
tion, elect a mayor for the time being, who shall serve until
another is chosen, or until the occasion causing the vacancy
is removed.
The oath prescribed by this act shall be administered to Administration
the mayor by the city clerk, or by any justice of the peace " °^ '
for the county of Bristol. The aldermen and common coun-
cilmen elect shall, on the first Monday of January, in the
year one thousand eight hundred and sixty-two, and of every
subsequent year, at ten o'clock in the forenoon, meet in con-
vention, when the oath required by this act shall be adminis-
tered to them by the mayor or by any justice of the peace,
and a certificate that such oath has been taken shall be
entered on the journal of each board by the clerk thereof.
When it shall appear that no mayor has been elected Non-eiection of
previous to the said first Monday in January, in the year ™''^°'-
eighteen hundred and sixty-two, and the first Monday in
January, in each succeeding year, the mayor and aldermen
for the time being shall make a record of that fact ; an
attested copy of which the city clerk shall read at the open-
ing of the convention held as aforesaid. After such oath has
been administered the two boards shall separate, and the
common council shall organize by the choice of a president
and clerk, to hold their offices during the pleasure of the
common council ; the clerk to be sworn to the faithful
performance of his duties.
In case of the absence of the mayor elect on the first Mon- Absence of may-
day in January, the city government shall organize in the *"'"''^*^'
manner herein before provided, and may proceed to business
in the same manner as if the mayor were present ; and at
any time thereafter, in convention of the two branches, the
oath of office may be administered to "the mayor and to any
member of the city council who may have been absent at
the organization. In the absence of the mayor at any meet-
ing, the board of aldermen may choose a chairman pro
tempore, who shall also preside at any joint meetings of the
two boards during such absence.
Each board shall keep a record of its own proceedings, and Judges of eiec-
judge of the election of its own members ; and in case of a vacancies.
failure of election, or in case of any vacancy declared by
15
114 I860.— Chapter 136.
eitlrer board, the mayor and aldermen shall issue their war-
rants for a new election.
Powets and du- SECTION 10. The mavor thus chosen and qualified shall
emayor. ^^ ^^^^ chief cxecutive officer of the city ; it shall be his duty
to be vigilant in causing the laws, ordinances and regula-
tions of the city to be enforced, and keep a general super-
vision over the conduct of all subordinate officers, and to
cause their neglect of duty to be punished ; he may call
special meetings of the boards of aldermen and common
council, or either of them, when necessary in his opinion, by
causing notices, in writing, to be left at the place of resi-
dence of the several members ; he shall communicate, from
time to time, to both boards, such information, and recom-
mend such measures as in his opinion the interests of the
city may require ; he shall preside in the board of aldermen
and in convention of the two boards, but shall have only a
Salary. castiug votc ; his salary shall be three hundred dollars a
year and no more, and he shall receive no other compen-
sation.
Powers and du- SECTION 11. The cxccutive powcr of Said city, generally,
aiderniTn.^°'^*°'^ ^'^^ tliB administration of the police, with all the powers
heretofore vested in the selectmen of Taunton, shall be
vested in the mayor and aldermen as fully as if the same were
herein specially enumerated. And the mayor and aldermen
shall have full and exclusive power to appoint a constable
and assistants, or a city marshal and assistants, with powers
and duties of constables and all other police officers, and
may remove the same, when, in their opinion, sufficient
Salary of marshal causc for rcmoval cxists. Tlic Salary of the marshal shall
be fixed by the city council, but shall not exceed the sum of
two hundred dollars a year. All other powers now vested
in the inhabitants of said town, and all powers granted by
this act, shall be vested in the mayor and aldermen and
common council of said city, to be exercised by concurrent
Proviso vote, each board to have a negative upon the other : pro-
vided, hoivever, that said city council shall at no time make
City debt. ^uy appropriation except for the necessary expenses of the
A ro nations ^^^3''' ^'^^ shall uot at any time create a city debt exceeding
&c. ' the sum of fifteen thousand dollars, without tlie consent of
a majority of the qualified voters of said city regularly voting
thereon in their respective wards, at meetings duly warned
and held for that purpose.
Choice of city The city council sliall, annually, as soon as convenient
treasurer. after their organization, elect by joint ballot in convention.
City clerk and a city trcasurcr, collector of taxes, and city clerk, who shall
collector of taxes. ^^ ^^^^ ^^^^^ ^j^g samc pcrsou, aud he shall have a salary of
I860.— Chapter 136. 115
eight hundred dollars a year, and no more ; and the city other ^subordi-
council shall, in such manner as they may determine, by
any by-law made for that purpose, appoint or elect all sub-
ordinate officers, not herein otherwise directed, for the ensu-
ing year, define their duties and fix their compensations in
cases when such duties and compensations shall not be
defined and fixed by the laws of this Commonwealth. All ah sittings to be
,. , TIT ft •^ public.
Sittings 01 the mayor and aldermen, oi the common council,
and of the city council, shall be public, when they are not
engaged in executive business. The city council shall take or the public
care that money shall not be paid from the treasury, unless '"°"*'y-
granted or appropriated ; shall secure a just and prompt
accountability, by requiring bonds, with sufficient penalty
and sureties, from all persons intrusted with the receipt,
custody or disbursement of money ; shall have the care and of the public
superintendence of city buildings, and the custody and man- proptrtj! '""^
agement of all city property, with power to let or sell what
may be legally let or sold ; and to purchase property, real or
personal, in the name and for the use of the city, whenever
its interest or convenience may, in their judgment, require
it. And the city council shall, as often as once a year, cause Accounts, &c.,
to be published, for the use of the inhabitants, a particular *» ^e published.
account of receipts and expenditures, and a schedule of the
city property and the city debt.
Section 12. In all cases in which appointments are Nominating pow-
directed to be made by the mayor and aldermen, the mayor ®'^'
shall have the exclusive power of nomination, subject to con-
firmation or rejection by the board of aldermen. No person Eligibility to
shall be eligible to any office of emolument, the salary of
which is payable out of the city treasury, who, at the time
of his appointment, shall be a member of the board of alder-
men, or of the common council; and neither the mayor nor
any alderman or member of the common council, shall at
the same time, hold any otiier office in the city government,
except that any member of either board may serve as mayor
when a vacancy shall occur in that office, and the mayor
ex officio shall be a member of and preside over the board of
assessors, but without any additional compensation therefor.
Section 13. The city clerk shall be clerk of the board cityoierk.
of aldermen, and shall be sworn to the faithful performance
of his duties. He shall perform such duties as shall be pre- ms duties, &c.
scribed by the board of aldermen, and shall perform all the
duties, and exercise all the powers, by law incumbent upon
'or vested in the town clerk of Taunton.
Section 14. The city council shall have the same power streets and ways.
in relation to the laying out, accepting, widening, altering or
116 1860.~Chapter 136.
discontimiiiig of streets and ways, and the assessment of
damages therefor, which selectmen and inhabitants of towns
now by law have ; but all petitions and questions relating to
laying out, accepting, widening, altering or discontinuing
any street or way, shall be first acted upon by the mayor and
aldermen.
Right of appeal Any pcrsou aggrieved by the proceedings of the city coun-
for redress of ... "^ ' P" „ •' ^ in, .1
grievances. cil lu the cxercise or such powers, shall have the same right
of appeal to the county commissioners of the county of
Bristol, as is given by the laws of the Commonwealth to
appeal from the decision of selectmen or the inhabitants of
towns.
Board of health. SECTION 15. All the powcr and authority now by law
vested in the board of health for the town of Taunton shall
be transferred to and vested in the city council, to be carried
into execution in such manner as the council shall deem
expedient.
Drains and sew- SECTION 16. The city couucil sliall have authority to
cause drains and common sewers to be laid through any
streets or private lands, paying the owners such damages as
they may sustain thereby ; and may require all persons to
pay a reasonable sum for the privilege of opening any drain
into said public drain or sewer.
Election of rep- SECTION 17. The mayor and aldermen shall, in each
resentatives to . j.i • n n- ,• n , 1 1
general court, year, issuc tlieir Warrants tor calling meetings ior the elec-
tion of the whole number of representatives to the general
court to which said city is by law entitled ; and the number
shall be specified in the warrant.
oj'^ elections by SECTION 18. All clectious for couuty, state and United
States officers, who are voted for by the people, shall be held
at meetings of the citizens qualified to vote at such elections,
ill their respective wards, at the time fixed by law for these
elections respectively ; and at such meetings all the votes
given for said officers respectively shall be assorted, counted,
declared and registered, in open ward meeting, by causing
the names of all persons voted for, and the number of votes
given for each, with the designation of the office, to be written
in the ward records in words at length. The ward clerk
shall forthwith deliver to the city clerk a certified copy of
the record of such elections. The city clerk shall forthwith
record such returns, and the mayor and aldermen shall,
within two days after every such election, examine and com-
pare all said returns, and make out a certificate of the result
of such elections, to be signed by the mayor and a majorit/
of the aldermen, and also by the city clerk, which shall be
transmitted or delivered in the same manner as similar
I860.— Chapter 136. 117
returns are now by law to be made by selectmen of towns.
And in all elections for representatives to the general court,
in cas* the whole number proposed to be elected shall not
be chosen by a plurality of the votes legally returned, the
mayor and aldermen shall forthwith issue their warrant for
a new election, conformably to the provisions of the consti-
tution and the laws of the Commonwealth.
Section 19. Prior to every election, the mayor and alder- wardiists.
men shall make out lists of all the citizens of each ward,
qualified to vote in such elections, in the manner in which
selectmen of towns are required to make out lists of voters ;
and for that purpose they shall have full access to the asses-
sors' books and lists, and be entitled to the assistance of all
assessors and city officers ; and they shall deliver said lists,
so. prepared and corrected, to the clerks of said wards, to be
used at such elections ; and no person shall be entitled to
vote whose name is not borne on such lists.
Section 20. General meetings of the citizens qualified General meetings
to vote, may from time to time be held, to consult upon the °f ^''^'^''•»*-
public good, to instruct their representatives, and to take all
lawful measures to obtain redress for any grievances, accord-
ing to the right secured to the people by the constitution of
this Commonwealth. And such meetings may and shall be
duly warned by the mayor and aldermen, upon the requi-
sition of thirty qualified voters.
Section 21. The city council may make by-laws, with Bylaws, &c., for
suitable penalties, for the inspection, survey, measurement oTfumbe",' wood!
and sale of lumber, wood, coal and bark brought into the &c.
city for sale ; and all such other salutary and needful by-laws
as towns may make and establish, and may annex penalties
thereto not exceeding twenty dollars for the breach thereof;
which by-laws shall be in force from and after the time therein
respectively limited, without the sanction of any court or
other authority. All such by-laws and all city ordinances
shall be published in such manner as the city council may
direct ; and all fines for the breach of any by-law or ordi-
nance shall be paid into the city treasury, and shall inure to
such uses as the city council shall direct.
Section 22. All fines, forfeitures and penalties accruing Recovery of fines
for the breach of any by-laws of the city of Taunton, or of forfeitures, &c.
any of the ordinances of the city council, or of any of the
orders of the mayor and aldermen, may be prosecuted for
and recovered before the police court in said city of Taunton,
by complaint or information, in the same way and manner
in which criminal offences are now prosecuted before the
police courts within this Commonwealth ; reserving, how-
118
I860.— Chapter 136.
Failure of recog
nizance.
Rights of appeal. Gver, ill all cases, to the party complained of and prosecuted,
the right of appeal to the superior court then next to be held
in the county of Bristol, from the judgment and sentence of
the police court. And the appeal shall be allowed on the
same terms, and the proceedings shall be conducted therein
in the same manner as provided by the one hundred and
seventy-third chapter of the General Statutes of the Com-
monwealth. And it shall be sufficient in all such prosecu-
tions to set forth in the complaint the offence, fully, plainly,
substantially and formally ; and it shall not be necessary to set
forth such by-laws, ordinance or order, or any part thereof.
When any person upon any conviction before the police
court for any breach of any by-law of said city of Taunton,
or any of the ordinances of the city council, or any of the
orders of the mayor and aldermen, shall be sentenced to pay
a fine, or ordered to pay any penalty or forfeiture provided
by any such by-law, ordinance, or order ; or, upon claiming
an appeal, shall fail to recognize for his appearance at the
court appealed to, and thereto prosecute his appeal, and to
abide the sentence or order of the court thereon, and in the
meantime to keep the peace and be of good behavior ; and
upon not paying the fine, penalty or forfeiture, and cost so
assessed upon him, he shall be committed to prison, there
to remain until he shall pay such fine, forfeiture, or penalty
and costs, or be otherwise discharged, according to law.
Section 23. Whenever within tliree months after the
acceptance of this charter, as hereinafter provided, the sev-
eral fire districts now legally established in the town of
Taunton, shall by a vote of a majority of the legal voters in
each of said districts, present and voting at a meeting of each
district legally called and holden for that purpose, vote to
relinquish to the city of Taunton all the property of said fire
districts, the clerk for the time being of each district shall
forthwith certify such vote to the mayor and aldermen, and
thereupon all the property of said several fire districts shall
be vested in and become the property of the city, and the
city shall pay all the debts and liabilities of said several fire
Fire department, districts cxistiug ou the day this act takes effect. And there-
upon said fire districts shall be abolished, and it shall be the
duty of the city council forthwith to organize and establish
a fire department in said city ; and the city council shall
have full power and authority to organize such fire depart-
ment and to make and establish all necessary rules and reg-
ulations for the management of the same, and to provide
for the choice or appointment of a chief engineer and assist-
ant-engineers, and such other officers and members of the
FireMistricts.
ISGO.—Chapter 136. 119
fire department as the city council may deem necessary, and
may prescribe the compensation to which each officer and
member of the fire department shall be entitled. The chief
engineer and assistant-engineers so chosen or appointed,
shall be sworn to the faithfnl performance of their duties,
and shall have all the authority, and shall be subject to all
the duties and responsibilities now provided by law for chief
and assistant-engineers of fire districts and fire wardens of
towns.
Section 24. For the purpose of organizing the system of Town meetings
government hereby established, and putting the same into |'ettmln'for^flr3t
operation, in the first instance, tiie selectmen of the town of choice of ward
Taunton, for the time being, shall, seven days at least before
the fifth Monday next after the day of the acceptance of this
charter, as is hereinafter provided, issue their warrants,
calling meetings of the citizens of said town of Taunton, to
be holden on said Monday, at such places and hour in the
several wards as they may deem expedient, for the purpose
of choosing a warden, clerk and inspectors, for each ward,
and all other officers whose election is provided for in the
preceding sections of this act ; and the transcript of the
records of each ward, specifying the votes given for the
several officers aforesaid, certified by the warden and clerk
of such ward at said first meeting, shall be forthwith returned
to the said selectmen, whose duty it shall be to examine and
compare the same ; and in case the election should not be
completed at tlie first meeting, then to issue new warrants
until the election shall be completed : and notice in writing
shall be given by said selectmen to the several persons elected.
At said first meeting, any inhabitant of said ward, being a organization of
legal voter, may call the citizens to order, and preside until ^a''^ meeting.
a warden shall have been chosen. And at said first meeting
a list of the voters in each ward, prepared and counted by
the selectmen for the time being, shall be delivered to the
clerk of each ward when elected, to be used as herein before
provided.
The selectmen shall appoint such time for the first meet- First meeting of
ing of the city council within ten days from and after the "'^ council,
election of city officers, as is provided in this section, or a
majority of the members of both the board of aldermen and
common council, as they shall think proper, and shall also
fix upon the place and hour of such first meeting ; and notice
of the day, hour and place of said first meeting shall be pub-
lished in the newspapers printed in said town, and a written
notice thereof shall be sent by the selectmen to the place of
abode of the city officers chosen as is provided in this section.
120 I860.— Chapter 137.
Subsequent eiec- AftGi' tlic fii'st elcctioii of citj officei's, aiid the first meet-
*'°°^" iiig for the organization of the city council, as in this section
is provided, the day of holding all subsequent elections and
the day and hovir for the meeting of the city council for the
purpose of organization, shall remain as provided in the
fourth and ninth sections of this act. It shall be the duty
of the city council immediately after their first organization,
to elect all necessary city officers, who shall hold their offices,
respectively, until others are chosen and qualified to act in
their places.
Town records, SECTION 25. All officers of the towu of Tauutou having
to'city cierk^'^''" tlic carc aud custody of any i-ecords, papers or property
belonging to said town, shall deliver the same to the city
clerk within one week after his entering the duties of his
office.
^^p^^^- Section 26. All such acts and parts of acts as are iiicon-
consistent with the provisions of this act, are hereby repealed.
Amendment by .Section 27. Nothing iu tliis act contained shall be so
legislature. o _
construed as to prevent the legislature from altering or
amending the same whenever they shall deem it expedient.
City charter to be SECTION 28. Tliis act shall be void unless the inhabitants
zens^o'f Taunton! of tlic towu of Tauutou, at a legal meeting called for that
purpose, at which the selectmen shall preside, and the check
list be used in the same manner as at meetings called to
choose state officers, and the polls be kept open ten hours,
shall, by a majority of the voters present and voting thereon,
yea or nay, by a written or printed ballot, determine to
adopt the same on the last Monday of April next after its
passage.
Section 29. This act shall take effect from and after its
passage. Apiwoved Marc^ 31, 1860.
Chap. 137
sions.
An Act in addition to an act concerning the harbor of
BOSTON.
Be it enacted, ^'c, as follows :
Of wharf exten- Section 1. So mucli of thc third section of an act entitled
" An Act in addition to an Act concerning the Harl)or of
Boston," passed on the third day of May, in the year one
thousand eight hundred and fifty, as provides that the pro-
prietors of the wharves and flats, by said act authorized to
be extended, shall extend said wharves and the lines of their
respective flats in a direction at right angles to the line
established by said act, is hereby repealed, and the proprie-
tors of said wharves and flats are hereby authorized to extend
their wharves and the lines of their respective flats to the
line established by said act in the directions in which the
I860.— Chapters 138, 139. 121
said lines of their respective flats were originally established
between said proprietors.
Section 2. Whenever the said proprietors lay ovit or Puwic streets
appropriate for any street or streets any portion of the said jfri^tora ^^ ^"^oir
flats or wharves, the city of Boston may at any time accept ^^i^'^r^"".
and lay out as and for a public street or streets the portion
or portions of said flats or wharves by said proprietors so
laid out and appropriated, or any part of the same, which
portions so accepted shall thereupon, and without any further
act of the said proprietors, and without any compensation to
them or any of them therefor, vest in the said city of Boston.
Section 3. Each and every one of the said proprietors of sea-waiia.
said flats, or of any part thereof, who, at the expiration of
two years from the passage of this act, have failed or neg-
lected to cause a good and substantial sea-wall to be built
and maintained in front of his or their respective flats on the
line established by said act, passed on the third day of May,
in the year one thousand eight hundred and fifty, shall for-
feit all rights acquired under said act last mentioned, or
under this act. Approved March 31, 1860.
An Act concerxing municipal elections. Chtt'D. 138
Be it enacted, ^'c, as foUoivs:
The selectmen of the several towns shall insert in their Hour of dosing
warrant for calling meetings, for the election of state officers,
representatives to congress, and presidential electors, the
hour at which the polls may be closed, and it shall not be
lawful to close the polls for the election of such officers, until
the hour named in the warrant has arrived : provided, that Proviso,
nothing in this act shall be construed to conflict with the
provisions of chapter seven of the General Statutes, passed
December twenty-eighth, in the year eighteen hundred and
fifty -nine. Approved March 31, 1860.
An Act concerning drains and sewers in the town of somer- (JJiap. 139
VILLE. "
Be it enacted, §'c., as follows :
Section 1. The selectmen of the town of Somerville may selectmen to lay
lay, make and maintain in said town, all such drains or whe„'and where
common sewers, through the lands of any persons or cor- necessary.
porations, as they shall adjudge to be necessary for the
convenience or the health of its inhabitants, and may repair
all such drains or common sewers, from time to time, when-
ever repairs thereof shall be necessary.
Section 2. Whenever any lands or real estate shall be wgiits and reme-
taken, by virtue of this act, the said selectmen shall proceed '^'"^
16
122
I860.— Chapter 140.
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 town ways ; and all persons and corpora-
tions suffering damage in their property, by reason of the
laying, making or maintaining, of any drains or common
sewers, as aforesaid, shall have all the rights and remedies,
for the ascertainment and the recovery of the amount of
such damage, which are now or hereafter may be provided
by law for the ascertainment and the recovery of damage for
lands taken for town ways.
Section 3. This act shall take effect from and after its
passage.
Approved March 31, 1860.
Chap. 140
County commis-
sioners of Nor-
folk and Ply-
mouth to lay out
highways.
Apportionment
of damages.
Repair of bridges,
&c.
Disposal of toll-
houses.
An Act concerning the hingham and quincy turnpike and
BRIDGES.
Be it enacted, Sfc, as follows :
Section 1. The county commissioners of the counties of
Norfolk and Plymouth, severally, may, with the assent of
the Hingham and Quincy Bridge and Turnpike Corporation,
lay out those portions of the turnpike, ways, draws and
bridges of said corporation, which are within the limits of
their respective counties, as common highways, in accordance
with the provisions of this act, and have and exercise the
same powers relating thereto, as are now had and exercised
in the laying out of turnpikes, excepting that in the allow-
ance and payment of damages, the county commissioners of
tlie county of Norfolk shall allow, and pay from the treasury
of said county two-thirds, and the county commissioners of
the county of Plymouth shall allow and pay from the treasury
of that county one-third of the gross amount which may be
mutually agreed upon by said boards of commissioners,
before laying out, as aforesaid, said turnpike, ways, draws
and bridges, as damages therefor : provided, however .^ that
the town of Hingham shall refund to the county of Plymouth
one-third of the sum so paid by said county, and the towns
of Weymouth and Quincy, jointly, shall refund to the county
of Norfolk, in such proportions as the commissioners for
said county may determine, one-third of the sum so paid by
that county ; and excepting, also, that the said commission-
ers shall have the care of the repair and maintenance of said
bridges, and the toll-houses hereinafter named, as is herein-
after provided for.
Section 2. Said commissioners, jointly, are hereby author-
ized to purchase, receive and hold, as trustees, the toll-houses
belonging to said corporation, and the land upon which said
houses stand ; and the purchase money for said land and
I860.— Chapter 140. 123
houses shall be paid by said counties, and in part refunded
by said towns in the same proportions as the damages awarded
by the commissioners, as provided in the first section.
Section 3. Said commissioners, jointly, shall have the superintendence
superintendence of said bridges, and cause them to be kept " " ^^^'
in good repair, and safe and convenient for travel, with draws
and passage-ways for vessels, and shall provide draw-tenders
and other necessary agents, and discharge the duties hitherto
incumbent upon said corporation, relative to the care and
maintenance of said draws and bridges ; and they shall also
have the care and superintendence of said toll-houses.
Section 4. The expenses of the repairs and maintenance Expenses of
of said bridges, draws and toll-houses, including the salaries " ^*^'
of draw-tenders and other necessary agents, shall be paid
by the counties of Norfolk and Plymouth, in the proportion
of two-thirds by the county of Norfolk, and one-third by the
county of Plymouth ; and the towns of Weymouth and
Quincy shall refund to the county of Norfolk one-third of
the sum it pays under the provisions of this section, in the
proportion of five parts by the town of Weymouth, and three
parts by the town of Quincy ; and the town of Hingham
shall refund to the county of Plymouth one-third of the sum
it pays in accordance with tlie provisions of this section.
Section 5. If either of said towns refuses or neglects to or proceedings in
refund to its county the proportion of the damages and refuse*s"to'^refund
expenses for which it is liable under the provisions of this '^'^'^'^s^^-
act, the same proceedings may be had to enforce payment as
in the case of expenses of making highways by the commis-
sioners when towns neglect to make the same.
Section 6. Liability for defects in said bridges and draws Damages for de-
shall exist on the part of the towns wherein they respectively and^drTws^"*^^^^
lie, in like manner as in cases of defects in town ways ; and
the damages which may be recovered for such defects shall
be paid by said counties, and one-half of the same refunded
to them, in the same manner as the expenses of repairs and
maintenance of said bridges.
Section 7. In case the commissioners for said counties, commissioners of
d.i .• I iiii ,1 award in case of
said corporation, do not mutually agree upon the sum disagreement.
to be paid to said corporation as damages for the laying out
of said ways and bridges, as aforesaid, within six months
from the passage of this act, then the said commissioners,
jointly, shall agree upon and determine the sum to be paid
to said corporation, as damages for such laying out ; and the
same shall be awarded as damages tlierefor, jointly, by said
commissioners ; but the same shall be allowed and paid by
said counties, and refunded in part by said towns, in the
124
I860.— Chapter 141.
ProTiso.
Of appeal to
jury.
Duties of com-
missioners.
proportions indicated in the first section of this act: provided^
however^ that tlie said corporation shall have the right of
appeal to a jury from the joint award of said commissioners,
in the same manner as a party aggrieved by the doings of
county commissioners in the estimation of his damages,
occasioned by laying out of a highway ; except that the
application for such jury shall be made to, and acted on by
the commissioners for the county of Norfolk.
Section 8. In case of appeal to a jury from the award
of said boards of commissioners, the costs properly incurred
by said commissioners for Norfolk County, on account of
said appeal, and the amount recovered by said corporation,
as damages and costs, shall be paid by said counties and
towns in the proportions specified in the first section of this
act.
Section 9. Said commissioners shall annually, in the
month of January, file in the office of the secretary of the
Commonwealth, a statement, duly verified by oath, of the
amount of expenditures for repairs and maintenance in the
execution of said trust during the year ending on the thirty-
first day of December preceding ; and the commissioners for
each of said counties shall also, annually, in said month of
January, notify, in writing, the clerks of each of said towns
within their respective counties, of the sum due from that
town to the county for its proportion of the expenses incurred
under the provisions of this act.
Section 10. This act shall take effect from its passage.
Approved March 31, 1860.
ChdD 141 ^^ -^^^ ^^ AUTHORIZE THE PROPRIETORS OF BOSTON PIER, OR LONG
-^ ' WHARF, TO EXTEND THEIR WHARF.
Be it enacted, Sfc, asfollotvs :
i-imit. Section 1. The proprietors of Boston Pier, or Long
Wharf, are hereby authorized to drive piles and extend their
wharf to the commissioners' line ; but no part of said wharf
shall extend beyond the commissioners' line : provided, this
act shall not impair the legal riglits of any person or cor-
poration.
Section 2. Any alteration of said wharf, as authorized in
the foregoing section of this act, shall be done in accordance
with the provisions of the resolves concerning flats and shores
belonging to the Commonwealth, passed on the sixth day of
April, in the year one thousand eight hundred and fifty-nhie.
Approved March 31, 1860.
ProTiso.
Reference to re-
solve of 1859.
I860.— Chapters 142, 143, 144. " 125
An Act in addition to an act to incorporate the conway stock Qhn^ 142
AND mutual fire INSURANCE COMPANY. ^'
Beit enacted, Sj^c, as follows:
Section 1. Whenever the Conway Fire" Insurance Com- change of name
pany avails itself of the provisions of the fourth section of tlon"
chapter four hundred and seventy-six of the acts of the gen-
eral court of the year eighteen hundred and fifty-five, the
mutual business of said company may be continued at Con-
way, under the name of the Conway Mutual Fire Insurance Restrictions, &c.
Company, subject to all the laws and restrictions, and entitled
to all privileges applicable to mutual insurance companies in
this Commonwealth ; and thereafter said company may keep Location of pna-
its principal office for the stock department of its business, "p^^ o^'^'^e-
in the city of Boston, under the name of tiie Conway Fire Title.
Insurance Company.
Section 2, No intermingling of the mutual and stock Departments of
i. iiiiii-ii 1 -ji business to be
insurance business shall be lawlul by such company, or either distinct.
branch thereof, after the separation of the business of the
two departments, according to the provisions of the first sec-
tion of this act ; but separate and distinct boards of directors
and officers, shall be chosen for each branch of its business.
Section 3. This act shall take effect from its passage.
Approved March 31, 1860.
An Act concerning the grand jurors of the county of Suffolk. Qfidv) 143
Be it enacted, §'c., as folloivs :
Section one of chapter one hundred and seventy-one of of grand jurors
the General Statutes, shall not apply to the county of Suffolk ; '" "ffon^county
and section two of said chapter shall apply to said county
exclusively. Approved March 31, 1860.
An Act to incorporate the beverly mechanics' railway com- Chan. 144
pany. ^'
Be it enacted, ^c, as follows :
Section 1. Richard J. Preston, Richard Picket, William corporators.
G. Woodbury, John Picket, their associates and successors,
are hereby made a corporation by the name of the Beverly Title.
Mechanics' Railway Company ; with all the powers and privi- powers, duties,
leges, and subject to all the duties, restrictions and liabilities, *'''•
set forth in the sixtieth and sixty-eighth chapters of the
General Statutes, passed December twenty-eighth, eighteen
hundred and fifty-nine.
Section 2. Said company are hereby authorized to build a Location and
marine railway in Beverly harbor, near the old ferry way, so p"''p°^^-
called, in Beverly, and to extend the same into said harbor
from the south line of Water Street, to a distance not exceed-
ing three hundred and thirty feet ; provided, however, that ProTiso.
126- I860.— Chapters 145, 146, 147.
this act shall in no wise impair the legal rights of any person
or corporation.
Capital. Section 3. The capital stock of said company shall not
Shares. excccd fivc thousand dollars, to be divided into shares of one
hundred dollars each. Approved March 31, 1860.
Chap. 145 An Act in relation to the jurisdiction of judges of probate
'^' AND INSOLVENCY.
Be it enacted, §'c., as follows. •
Cases of interest. SECTION 1. No judgc of probatc and insolveiicy shall be
disqualified from acting in any case by reason of interest,
unless such interest is direct, and to the amount of one hun-
dred dollars of principal claimed by or against him, nor until
the same appears of record in the case.
Section 2. This act shall take effect from its passage.
Approved March 31, 1860.
Chat) 146 ^^ ^^^ ^^ AUTHORIZE THE CONSTITUTION AVHARF COMPANY TO
"' EXTEND THEIR WHARF.
Be it enacted, Sf-c, as folloios :
Direction. SECTION 1. The Coustitution Wharf Company is hereby
authorized to drive piles and extend their wharf towards the
Limit. channel, to the commissioners' line ; but no part of said
ProTiso wharf shall extend beyond said commissioners' line : pro-
vided^ they shall not interfere with the legal rights of any
person or corporation.
Reference to re- SECTION 2. Any alteration of said wharf, as authorized
solve of 5 . ^^^ ^j^^ foregoing section of this act, shall be done in accord-
ance with the provisions of the " Resolve concerning flats
and shores belonging to the Commonwealth," passed on the
sixth day of April, in the year one thousand eight hundred
and fifty-nine. Approved April 2, 1860.
Chap. 147 An Act in relation to the powers of constables in the city
■^' OF boston.
Be it enacted Sfc, as follows :
Constables to SECTION 1. Any coustablc in tlic city of Bostou, who shall
ce^es.'^&'c.'/on havc glvcu to thc trcasurcr of the city of Boston, a bond,
conditions, &c. y^ni^ surctics iu a sum not less than three thousand dollars,
to the satisfaction of the said treasurer, with condition for
the faithful performance of his duties in the service of all
civil processes which may be committed to him, and shall
have caused the same, with the approval of the mayor and
aldermen of said city indorsed thereon, to be filed in the
office of the city clerk of said city, may, within the said city
of Boston, serve any writ or other process in any personal
action, and any process in replevin which constables are now
I860.— Chapters 148, 149, 150, 151. 127
by existing provisions of law authorized to serve ; and in
addition thereto may serve any writ or process in any per-
sonal action or process in replevin which may be made
returnable to the police court in said city of Boston : and no
constable in the city of Boston shall serve any civil process
until he shall have given the bond as herein provided.
Section 2. This act shall take effect on the second day
of June next. Approved April 2, 1860.
Chap. 148
An Act to authorize the commissioners of the county of Mid-
dlesex TO BORROW MONEY TO ENLARGE THE COUNTY BUILDINGS IN
EAST CAMBRIDGE.
Be it enacted, ^'c, as folloios :
The commissioners of the county of Middlesex are hereby commissioners to
authorized and empowered to borrow on the credit of said enlargement^ of
county, in addition to the amount of debt they are now ti°„'^ °^ correc-
authorized to contract, a sum not exceeding twenty-five thou-
sand dollars ; the same, or such part thereof as shall be
needed, to be expended by the commissioners of said county,
in enlarging the house of correction at East Cambridge, if
said commissioners shall so determine.
Approved April 2, 1860.
An Act to prevent officers and directors of mutual fire
INSURANCE companies FROM GIVING GUARANTIES AGAINST ASSESS
I Chap. 149
Be it enacted, Sfc, as follows :
Any officer or director of a mutual fire insurance com- Prohibition of
pany, who shall either officially or privately give a guaranty ti^s'by oflcTrrof
to any policy-holder thereof against the assessment to which insu/anco com-
he would otherwise be liable under the provisions of chapter
fifty-eight of the General Statutes, passed December twenty-
eighth, eighteen hundred and fifty-nine, shall be punishable Penalties.
with a fine not to exceed one hundred dollars for each offence.
Approved April 2, 1860.
Chap. 150
An Act in addition to an act to incorporate the nantucket
agricultural society.
Be it enacted, Sfc, as follows :
Section second of chapter twenty-five of the acts of the Repeal.
year eighteen hundred and fifty-six, is hereby repealed.
Approved April 2, 1860.
An Act to amend an act in addition to an act to incorporate pi ■, ^--i
the brookline gas company. Lyfiap. 101
Be it enacted, Sfc, as follows :
Section 1. The one hundred and fourth chapter of the Amendment, act
acts of the year one thousand eight hundred and fifty-four, °^ ^®^*"
128 I860.— Chapters 152, 153, 154.
is hereby amended, by inserting after the word "Brookline,"
in the fourth section, the words " and Brighton ;" and also
by striking out tlie word " town," wherever it occurs in
said fourth section, and inserting " towns."
Restrictions. SECTION 2. Said Brookliuc Gas Company shall not be
authorized to lay gas pipes in any street or avenue in the
town of Brighton, when authority to lay such pipes has been
previously granted by the selectmen of the town of Brighton
to any other company. Approved April 2, 1860.
Chat). 152 -^^ ^^^ ^^ ADDITION TO AN ACT CONCERNING FANEUIL HALL MARKET
^' IN BOSTON.
Be it e7iacled, §'c., as folloics :
Amendment. SECTION 1. Thc two huudrcd and eleventh chapter of the
acts of the general court of Massachusetts for the year
Hour changed, eighteen hundred and fifty-nine, is hereby amended by strik-
ing out " ten o'clock in the forenoon," and substituting
■•' eleven o'clock in the forenoon " therefor, in the second
section of said act.
Section 2. This act shall take effect from its passage.
Approved April 2, 1860.
Chap. 153 -^ -^CT TO INCORPORATE THE HOME FOR AGED MEN.
Be it enacted, §t., as follows :
Corporators. Section 1. Moscs Grant, William Ropes, Albert Fearing,
Title- their associates and successors, are hereby made a corpora-
Purpose, tion by the name of the Home for Aged Men, for the pur-
pose of providing a home for, and otherwise assisting respect-
Powers, duties, able, agcd and indigent men ; with all the powers and
privileges, and subject to all the duties, liabilities and
restrictions, set forth in the sixty-eighth chapter of the
General Statutes, passed December twenty-eighth, eighteen
hundred and fifty-nine.
Property. SECTION 2. Said corporatiou may, for the purposes afore-
Amount. Said, hold real and personal estate to an amount not exceed-
ing one hundred and fifty thousand dollars.
Approved April 2, 1860.
Chap. 154 -^^ -^^^ '^^ INCORPORATE THE MALDEN SAVINGS BANK.
Be it enacted, ^c, as folloivs :
Corporators. Gilbert Havcu, W. J. Eames, John G. Webster, Henry
Barrett, Gershom L. Fall, George P. Cox, their associates
Title. and successors, are hereby made a corporation by the name
Location. of thc Maldcii Savings Bank, to be established and located
Powers, duties, iu the towu of Maldcu ; with all the powers and privileges,
*•*'■ and subject to all the duties, liabilities and restrictions, set
forth in the thirty-sixth chapter of the Revised Statutes, and
I860.— Chapters 155, 156, 157. 129
ill all other laws of this Commonwealth relating to institu-
tions for savings : provided, that at least forty per cent, of Proviso,
all deposits received at said bank shall at all times be invested investment.
in first mortgages on real estate in this Commonwealth, and
that the treasurer shall take and record the residence and Record.
occupation of each depositor, when deposits are made.
Approved April 2, 1860.
Ax Act in additiox to an act to incorporate the mishawum /^/,„„ ice
LITERARY ASSOCIATION. ^nUp. LOO
Be it enacted, Sj'c, as follows:
Section 1. No person under the age of eighteen years Eligibility of
shall be eligible as a member of the Mishawum Literary ""*" '"^^'
Association.
Section 2. So much of the third section of the acts of Repeal.
the year eighteen hundred and fifty-eight, chapter one hun-
dred and one, as is inconsistent with this act, is hereby
repealed.
Section 3. This act shall take effect on and after its
passage. Approved April 2, I860.
An Act to amend certain forms op returns of insurance ^
companies. LfilCip. lob
Be it enacted, cVc, as follows :
Section 1. In the tliirteenth head of form B, and the Amendment to
fourteenth of form C, attached to chapter fifty-eight of the g^^Ylt^tytgs*^®"'
General Statutes, passed December twenty-eighth, eighteen
hundred and fifty-nine, the words " and in bank" are stricken
out ; and after the twenty-third head in form C, the follow-
ing, as a distinct head or interrogatory is inserted : " Amount
of cash paid for re-insurance."
Section 2. The fourteenth head of form D, is stricken
out, and in lieu thereof the following is inserted, to wit ;
" How much included in the foregoing statements of assets
consists of premium notes on policies not returned as now
in force ?" Approved April 2, 1860.
An Act to incorporate the west Cambridge five cents savings ^^, -i »- w
BANK. Chap. 157
Be it enacted, ^'c, as folloios :
Section 1. George H. Gray, A. G. Peck, George C. corporators.
Russell, William E. Parmenter, Addison Gage, Nathan Rob-
bins, their associates and successors, are hereby made a cor- ^5^,^
poration by the name of the West Cambridge Five Cents
Savings Bank, to be established and located in the town of
West Cambridge ; with all the powers and privileges, and Powers, duties,
subject to all the duties, liabilities and restrictions, set forth ^''■
17
130
I860.— Chapter 158.
Proviso.
Investment.
Record of deposi-
tors.
Deposits
cents.
in the thirty-sixth chapter of the Revised Statutes, and in all
other laws of this Commonwealth, relating to institutions
for savings : provided^ that at least forty per cent, of all
deposits received at said bank shall at all times be invested
in first mortgages in real estate in this Commonwealth, and
that the treasurer shall take and record the residence and
occnpation of each depositor when deposits are made.
Section 2. Said corporation shall receive on deposit sums
as small as five cents. Approved April 2, 1860.
Chap. 158
Corporators.
Powers, duties,
&c.
Right to hold
property.
Location.
Extent.
Right of improve-
ment.
Right to improve
other property.
Capital.
Shares.
Jurisdiction of
Back Bay Com-
missioners.
An Act to incorporate the back bay improvement company.
Be it enacted, ^-c, as follows :
Section 1. Norman C. Munson, Moses M. Jackraan,
Thomas Hope, John F. Gilman, Henry S. McCoombs and
George G. Lobdell, their associates and successors, are
hereby made a corporation by the name of the Back Bay
Improvement Company ; with all the powers and privileges,
and subject to all the duties, liabilities and restrictions, set
forth in the sixtieth and sixty-eighth chapters of the General
Statutes, passed December twenty-eight, in the year one
thousand eight hundred and fifty-nine.
Section 2. Said corporation may purchase, receive, hold
and convey the whole or any part of certain lands and flats
situated in that part of the city of Boston known as the
" Empty Basin of the Back Bay," not exceeding one hundred
and fifty acres, the same being now the property of the Bos-
ton Water-Power Company ; and may grade, drain, fill up
with clean earth or gravel, and otherwise improve said flats,
and may divide the same, or the proceeds thereof, among the
stockholders, after paying the debts of the corporation.
Section 3. Said corporation is liereby autiiorized to fill
up, grade and improve the flats of any other person, cor-
poration or parties, owners of flats in said " Empty Basin,"
under contracts made or to be made with said owners, upon
such terms and conditions as may mutually be agreed upon ;
but nothing contained in this act shall be deemed or taken
in any way to impair or diminish the rights of any person
or corporation, or to authorize this corporation to interfere
with the rights of any person or of the Commonwealth.
Section 4. The capital stock of said company shall not
exceed one million of dollars, 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 paid in on
each, than the par value of the shares first issued.
Section 5. The commissioners on the Back Bay shall
have and exercise the same rights, powers and duties, with
I860.— Chapters 159, 160, 161. 131
regard to all lands that may be owned or improved by said
company, that they have with 'regard to lands in the Back
Bay owned by the Boston Water-Power Company ; and this
act shall not be construed to impair or afifect the validity of
the indentures between the Commonwealth and said Water-
Power Company, or other parties.
Section G. This act shall not be construed as granting Rights of water-
any rights or property other than the franchises of a cor-^^°"'" '^°™p^°y
poration.
Section 7. This act shall take effect from its passage.
Approved April 2, 1860.
Chap. 159
An Act to amend an act to incorporate the martha's vine-
yard AGRICULTURAL SOCIETY.
Be it enacted, ^c, as follows :
Section second of the thirty-third chapter of the acts of section repealed.
eighteen hundred and fifty-nine, is hereby repealed.
Approved April 2, 1860.
An Act to authorize the construction of a dam across her- QJian. 160
RING RIVER IN THE TOWN OF HARWICH. ' '
Be it enacted, ^c, as follows :
Isaac Baker, Shelden Crowell, David Howes, and their Authority.
associates, owners of certain swamp and meadow lands,
lying in the town of Harwich, are hereby authorized to con-
struct a dam, with a tide gate, across Herring River in said
town, at or near Shubael's Bridge, for the purpose of drain- purpo.se.
ing and improving said lands for cultivation.
And said proprietors are hereby authorized to make such Regulations.
by-laws and regulations as may be necessary to carry into
effect such improvements, and which shall be in conformity
with the General Statutes of this Commonwealth : provided, Proviso,
said dam shall not be built so as to impair the private rights
of any person or corporation. Approved April 2, 1860.
An Act TO INCORPORATE THE TAUNTON STEAM-BOAT COMPANY. Cluin 161
Be it enacted, §"c., as follows :
Section 1. George Godfrey, Charles R. Atwood, J, S. corporators.
Rounds, Allen Presbrey, their associates and successors, are
hereby made a corporation, for the purpose of navigating Purpose,
with steam-boats Taunton River and the adjoining waters. Title.
under the name of the Taunton Steam-boat Company ; with p^^ers duties
all the powers 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 the sixty-
eighth chapter of the General Statutes, passed December
twenty-eighth, eighteen hundred and fifty-nine,
132
I860.— Chapter 162.
Estate.
Amount.
ProTiso.
Section 2. The said corporation, for the purposes afore-
said, may hold real and personal estate not exceeding
twenty-five thousand dollars : provided, that no shares in
the capital stock of said 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 its passage.
■■ Approved April 3, 1860.
Chap.\^2
Littleton set off
to southern Mid-
dlesex district.
Delirery of deeds.
Transcript of
records to be
transferred-
Repeal.
An Act concerning the registry of deeds in the town of
littleton.
Be it enacted, ^'c, as follows :
Section 1. The town of Littleton, in the county of
Middlesex, is hereby set off to the southern district, in said
county, for the registry of deeds ; and all deeds, convey-
ances and other instruments, now required by law to be
recorded in Lowell, shall hereafter be recorded in the office
for the registry of deeds at Cambridge, in said district.
Section 2. The register of deeds for the northern dis-
trict of Middlesex, shall, on demand, deliver to the custody
of the register of deeds for the southern district, all the
original deeds and other instruments, recorded and remain-
ing in the office of the former, conveying or relating to land
or estates situated in said town of Littleton.
Section 3. The town of Littleton, may, at its own
expense, cause to be carefully and correctly transcribed and
indexed in the usual manner, in one or more books substan-
tially bound, all records made in the registry of deeds for
said northern district of Middlesex, since the thirty-first day
of May, in the year eighteen hundred and fifty-six, of deeds
and other instruments, conveying or relating to land or
estates situated in said town ; which transcripts shall be com-
pared and duly certified by the register of deeds for said
northern district, on payment therefor of the usual fee for
comparing and certifying like transcripts ; said transcripts,
so certified, shall be deposited in the registry of deeds for
the southern district of Middlesex, and shall thereafter have
the same force and effect as if the same were original records
deposited there.
Section 4. So much of section eighty-one of chapter
seventeen of the General Statutes, passed December twenty-
eighth, eighteen hundred and fifty-nine, as constitutes the
town of Littleton a part of the northern district for the
registry of deeds in Middlesex County, is hereby repealed.
Section 5. This act shall take effect on and after the
first day of June next. Approved April 3, I860.
I860.— Chapters 163, 164, 165. 133
An Act concerning applications to probate courts. Chap. 163
Be it enacted, &fc., as follows :
Reo-isters of probate and insolvency may, in their several certaia powers
<? ^ . . Till n^ i." given to registers.
counties, at any time, receive and nave placed on tile, peti-
tions and applications to the probate court, and may issue
proper orders of notice and citations thereon, in the same
manner and with the same effect as the judges of said court
may now do ; but when the judge deems such notice insuf-
ficient, he may order such further notice as the case requires.
Approved April 3, 1860.
An Act concerning the removal op convicts in houses of cor- Qf^^p |64
rection. ■^'
Be it enacted, &,•€., as folloios:
Section 1. In counties where there are two or more Transfer of con-
, r. • 1,1 , c • • X -j-i victs by sheriffs.
houses of correction, and the sentence oi prisoners is to either
of them, the sheriff, with the concurrence of the county
commissioners of such county, may remove any convict, in
any one of said houses, to any other within the county,
whenever in the judgment of said sheriff and county com-
missioners,, the health, reformation, safe-keeping or more
profitable employment of any such convict would be pro-
moted by such removal.
Section 2. Whenever any convict is removed as afore- Assent of county
.,,, , .. ••iX'j.i 111 commLssioners to
said, the county commissioners, or a majority oi tliem, snail removal, &c.
certify their assent to such removal upon the original mitti-
mus, or copy of the same, left with the keeper on the com-
mitment of such prisoner ; and such original mittimus or
copy shall be transmitted to, and left with the keeper of the
house of correction to which such prisoner is removed, with
a return by the sheriff of his doings thereon, and of the
expenses incurred thereby ; which expenses shall be paid by
the county.
Section 3. This act shall take effect from its passage.
Approved April 3, 1860.
An Act to amend an act in addition to an act to punish fraud pi^ i ^c
BV THE SALE OF ADULTERATED MILK, AND FOR OTHER PURPOSES. ^'ii*P' i-^^
Be it enacted, Sfc, as follows :
Section 1. The fifth section of the two hundred and Amendments of
sixth chapter of the acts of eighteen hundred and fifty-nine, issSndchapter
and one hundred and fifty-first section of the forty-ninth H^^^l.^'^"'''^^
chapter of the General Statutes, passed December twenty-
eighth, eighteen hundred and fifty-nine, are hereby amended
by striking out the words " breweries or," in said sections.
When to take
efifect.
134 I860.— Chapters 166, 167.
Further amend- SECTION 2. Iiistead of tliG " rGsult " of tliG analysis, or
St'oenerafstLl- tcst, required to be preserved as evidence, by the one hundred
"''^®- and forty-ninth section of chapter forty-nine of said General
Statutes, the inspectors shall preserve a certificate of such
result, sworn to by the analyzer, or tester, and said certifi-
cate shall be admissible in evidence in all prosecutions under
the provisions of section one hundred and fifty-one of said
chapter.
Section 3. So much of the provisions of section first as
relates to the acts of eighteen hundred and fifty-nine, shall
take efifect immediately. So much thereof as relates to the
General Statutes, shall take efifect on the second day of June
next. Approved April 3, 1860.
Chat). 166 An Act in relation to single acts of drunkenness.
Be it enacted, ^c, as follows :
Common drunk- SECTION 1. No pcrsou shall bc fined or imprisoned for
ards only, hable ^ t i i i . •
to fine and im- drunkcnncss, except as a common drunkard, any thnig in
pnsonmen . ^j^^^ laws of the Commonwcalth to the contrary notwithstand-
Proviso. jj^g . provided, however, that police officers and constables,
or other persons authorized by any city or town for that
especial purpose, shall arrest and detain, until sober, persons
found drunk : but no such officer shall be allowed to receive
any fee or reward for or on account of any such arrest,
further than shall be paid such officers for their services by
the city or town in which they reside.
^Xtui ^"other Section 2. Any officer convicted of receiving any fee or
than legal fees, reward for scrviccs under this act, other than such as may
be paid by the authorities of the city or town, shall be fined,
at the discretion of the court, not less than ten dollars.
Section 3. This act shall take efifect on the second day
of June next. Approved April 3, 1860.
Chop. 167 An Act concerning the redemption of bank bills.
Be it enacted, Sfc, as follows :
stockholders to SECTION 1. Wlieiievcr receivers shall be appointed to
biy"^ in certaiJ closc tlic afifairs of aiiy bank, and they shall be of opinion
'^^^^^' at the expiration of thirty days after their appointment, that
the funds in their hands at the expiration of thirty days
thereafter will be insufficient for the redemption of the bills
of said bank, conformably to the existing provisions of law,
they shall assess ratably upon all the stockholders liable
therefor, an amount suflficient to make up such probable
deficiency, such assessment to be approved by the court,
after due notice by publication, or otherwise.
Liabiity of stock- SECTION 2. The amouiit thus assessed shall be considered
due and payable at such time and place as the court may
I860.— Chapter 168. 135
direct ; and any stockholder refusing or neglecting to pay
the same at the time and place appointed, shall be liable in
an action of tort, to be brought by said receivers, for the
amount so assessed, together with interest, at the rate of
twelve per centum per annum while such neglect or default
continues: and no sucli assessment shall be invalidated as
regards any person who is liable by law for the redemption
of such bills by reason of any omission or misstatement as
to any other person.
Section 3. In case an assessment, made as aforesaid, court may order
proves to be insufficient or incomplete, the court may, from ^en'tr if Mces-
time to time, order any further assessments that are neces- s^""?-
sary to correct the same, or to supply the deficiency thereof.
Section 4. Corporations holding stock in any bank, shall corporations
be liable as other stockholders to the provisions of this act ; yrthllS'"*^'
and nothing in this act shall be construed to impair the Liabilities against
liability of any parties who shall have transferred stock with g^ockf"*"^
any intent to avoid liability, nor to impair any other reme-
dies of the bill holders, nor the right of any stockholder,
who shall have been compelled to pay any debt or demand
against any bank, to compel contribution against other par-
ties liable therefor.
Section 5. This act shall take effect from its passage,
and shall apply to pending cases. Approved April 3, 1860.
An Act to incorporate the Pembroke steam-boat company. nhnn 1 6R
Be it enacted, §'c., as Jollows : "
Section 1. William E. Coffin, Joseph H. Cotton, Lewis corporators.
L. Wadsworth, Jr., and Cliarles T. Lynch, their associates
and successors, are hereby made a corporation by the name Title.
of the Pembroke Steam-boat Company, for the purpose of Purpose,
establishing steam navigation between the towns of Eastport,
Calais and Pembroke, in the state of Maine, and the city of
Boston ; with all the powers and privileges, and subject to Powers, duties,
all the duties, restrictions and liabilities, set forth in the ^*''
sixtieth and sixty-eighth chapters of the General Statutes,
passed December twenty-eight, eighteen hundred and fifty-
nine.
Section 2. The said company are hereby authorized to Rigtt to hoid
b.ii , 111 1 i_ ij steam-vessels and
uild, purchase, hold and convey, one or more steam-boats, navigate the
and may therewith navigate the ocean between the places °''®^°'
designated in section first of this act.
Section 3. The capital stock of said company shall not capital.
exceed one hundred thousand dollars, to be divided into shares.
shares of one hundred dollars each ; and said company may Real estate.
136 I860.— Chapter 169.
hold real estate to an amount not exceeding twenty thousand
dollars.
• Section 4. This act shall take effect from its passage.
Approved April 3, 1860.
Chap. 169
An Act making appropriations to pay certain expenses of the
year one thousand eight hundred and fifty-nine, and pre-
vious years, and for other purposes.
Be it enacted, §'c., as follows :
Appropriations SECTION 1. The sums hereinafter mentioned are appro-
Tdousyeaw. '^^^' 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-nine, and previous years, and for
other purposes, that is to say :
For postage, &c., For postagc, printing and stationery for governor and
coundr ^° council, three hundred dollars.
Printing, extra For printing during the extra session, two thousand five
''^''°°- hundred dollars.
state paupers. For tlio support and relief of state paupers, otherwise than
in the three state almshouses and in the hospital at Rains-
ford Island, a sum not exceeding sixteen thousand dollars.
Reform school. For expcnscs of tlic State Reform School at Westborough,
(including expenses to the amount of fifty dollars, incident
to the fire,) a sum not exceeding four thousand dollars, to
be paid from the appropriation for the current expenses for
the present year.
Tewksbury alms- For expcnscs iucurrcd during the year eighteen hundred
and fifty-nine at the Tewksbury almshouse, a sum not ex-
ceeding thirteen hundred dollars.
Publication of ^0^' thc publication of the General Laws, and all other
General Laws, information intended for the public, published in accordance
with the provisions of chapter twenty- four of the resolves of
the year one thousand eight hundred and fifty-seven, during
the extra session of the legislature, in the year one thousand
eight hundred and fifty-nine, a sum not exceeding two hun-
dred dollars.
Printing public For printing public documents, during the last quarter of
ocumen s. ^^^^ ^^^^^ eighteen hundred and fifty-nine, in accordance with
chapter forty of the acts of eighteen hundred and fifty -seven,
chapter forty-six of the acts of eighteen hundred and fifty-
eight, chapter twenty of the acts of eighteen hundred and
fifty-eight, a sum not exceeding three hundred dollars.
Commissioners For Compensation of commissioners appointed under chap-
TiandTn Ply' tcr sixty-six of tlic resolves of eighteen hundred and fifty-
mouth County, gevon, the sum of one hundred and eleven dollars seventy-
I860.— Chapters 170, 171. 137
nine cents ; the same to be in addition to the sum allowed in
said resolve.
For sundry expenses of Rainsford Island hospital, incurred Ramsfoni island
in the year eighteen hundred and fifty-nine, the sum of eight '^"^p"*^^-
hundred and ninety dollars.
For compensation of sheriffs during the year eighteen sheriffs.
hundred and fifty-nine, a sum not exceeding fifty dollars.
For expenses of Dudley and Marshpee Indians during the Indians,
year eighteen hundred and fifty-nine, a sum not exceeding
eighty-two dollars nineteen cents.
Section 2. This act shall take effect from its passage.
Approved April 3, 1860.
An Act concernixg the delivery of circulating notes, by the Chap. 1 70
AUDITOR, TO BANKS ORGANIZED UNDER GENERAL LAWS. "'
Be it enacted^ §'c., as follows :
Section 1. Any public stock issued by the United States, certain pubuc
either of the New England States, or any city, town or awf \o *?uditor
county of this state, producing five per cent, a year, may be c^coitti^gnotef
transferred to the auditor for the purposes specified in the
one hnndred and seventeenth section of the fifty-seventh
chapter of the General Statutes, passed the twenty-eighth
day of December, in the year eighteen hundred and fifty-
nine, at a rate not above its par value, nor above its current
market value, with the same effect as a stock of this state
producing six per cent, a year, may be so transferred.
Section 2. This act shall take effect from its passage.
Approved April 3, 1860.
Chap. 171
An Act to incorporate the marlborough savings bank.
Be it enacted, Spc, as follows :
Section 1. Mark Fay, Thomas Corey, Samuel Boyd, corporators.
Lambert Bigelow, William Morse, 2d, Levi Bigelow, their
associates and successors, are hereby made a corporation by Tioe.
the name of the Marlborough Savings Bank, to be established Location.
and located in the town of Marlborough ; with all the powers powers, duties,
and privileges, and subject to all the duties, liabilities and *"•
restrictions, set forth in the thirty-sixth chapter of the
Revised Statutes, and in all other laws of this Common-
wealth relating to institutions for savings.
Section 2. At least forty per cent, of all deposits in said investments in
bank, shall at all times be invested in first mortgages of real "^"''sages.
estate in this Commonwealth.
Section 3. The treasurer shall take and record the resi- Record of deposi-
dence and occupation of each depositor, when deposits are
made. Approved April 3, 1860.
18
138
I860.— Chapters 172, 173.
Chap. 112
Boundary
fined.
Act to be accept-
ed by city coun-
cils of both cities.
An Act to change the boundary line of the cities of boston
and roxbury, between shawmut avenue and tremont
STREET.
Be it enacted, Sfc, as follows :
Section 1. The boundary line between the cities of
Boston and Roxbury is hereby altered and established as
follows : beginning at the intersection of the present bounda-
ry line with the easterly side of Shawmut Avenue ; thence
crossing said avenue to a point twenty-five feet distant from
the south-westerly side of Hammond Street at its intersec-
tion with Shawmut Avenue ; thence parallel with the south-
westerly side of Hammond Street, to the westerly side of
Tremont Street ; and thence running by the westerly side of
Tremont Street, till it intersects the present boundary line
between the two cities ; and all the land in Roxbury north-
easterly of the line liereby established, is annexed hereby to
the city of Boston, and shall constitute a part of the eleventh
ward thereof, until a new division of wards shall be made :
provided, this act shall not affect the present apportionment
for the clioice of senators and representatives to the general
court, and of councillors.
Section 2. This act shall not go into effect, until the
same shall be accepted by the city councils of the cities of
Boston and Roxbury. Approved April 3, 1860.
Chap. 173
Corporators
Object
Powers,
&c.
Proviso.
Limits, &c
Capital.
An Act incorporating the quincy point marine railway
COMPANY.
Be it enacted, ^'c, as folloios :
Section 1. George Thomas, Isaiah G, Whiton, Daniel
H. Bills, their associates and successors, are hereby made a
corporation, by the name of the Quincy Point Marine Rail-
way Company, with power to construct and maintain a
marine railway, in that part of the town of Quincy known as
duties, Quincy Point ; with all the powers and privileges, and sub-
ject to all the duties, restrictions and liabilities, set forth in
the sixtieth and sixty-eighth chapters of the General Stat-
utes, passed December twenty-eighth, eighteen hundred and
fifty-nine, and to all other provisions of law applicable there-
to : provided, hoivever, that said railway shall not be extended
towards the channel more than two hundred and twenty-five
feet from the line of high-water mark, and that this act
shall in no wise impair the legal rights of any person or
corporation.
Section 2. The capital stock of said corporation shall
not exceed ten thousand dollars, which they may invest in
real and personal estate. Approved April 4, 1860.
I860.— Chapters 174, 175. 139
An Act to incorporate the orpheus musical society. Chnn 1 74-
Be it enacted, Sfc., as follows : ■'
Section 1. A. Kreissman, A, B. Underwood, Robert corporators.
Gems, their associates and successors, are hereby made a iiue.
corporation, by the name of the Orpheus Musical Society, in Location.
Boston, for the purpose of promoting the cultivation of Purpose.
music, and of mutual assistance and instruction ; with all powers, duties,
the powers and privileges, and subject to all the duties, lia- ^"^
bilities and restrictions, set forth in the sixtieth and sixty-
eighth chapters of the General Statutes, passed December
twenty-eighth, in the year eighteen hundred and fifty-nine.
Section 2. The said corporation may hold real and per- Real and person-
sonal estate necessary and convenient for the purposes ^'''^''^t'^-
aforesaid, to an amount not exceeding twenty thousand
dollars. Approved April 4, 1860.
An Act to amend the charter op the city of newburyport. QJ,^^ i '7c
Be it enacted, Sfc, as follows :
Section 1. No ordinance, resolve, order or vote passed Approval of ap-
by the city council of said city, making an appropriation of p''°p"^ "'°^-
money, or authorizing the payment of money from the treas-
ury, shall be valid without the approval of the mayor, unless
passed by a two-thirds vote of both branches of the city
council.
Section 2. The mayor may receive such salary as the Mayor's salary.
city council shall determine, which shall not be increased or
diminished during the year for which he is elected.
Section 3. The board of aldermen shall consist of six. Board of aider-
not more than one of whom shall reside in any one ward, to ™^"'
be chosen upon a general ticket at the annual election of
city officers.
Section 4. A school committee of twelve, not more than schooi commit-
two of whom shall reside in any one ward, sliall be chosen '^®"
upon a general ticket at the next annual election for city
officers, four to serve one year, four two years, and four
three years ; and each year thereafter, at said annual elec-
tion, there shall be chosen four others, one from each ward
where a vacancy occurs, to serve for three years.
Section 5. Three assessors of taxes, one to serve one Assessors of taxes
year, one to serve two years, and one to serve three years,
shall be elected by general ticket, at the next annual elec-
tion for city officers ; and at each successive annual election
thereafter, one assessor shall be chosen to serve three years.
Section 6. There shall be chosen at the annual election overseers of poor,
for city officers, upon a general ticket, three persons to be
overseers of the poor.
line.
140 I860.— Chapters 176, 177.
Act to be accept- SECTION 7. No oiiG of the foregoing sections shall be in
y citizens. fQj.gg unless the same shall be adopted by the popular vote
of said city, expressed by written ballot, within thirty days
from the passage of this act. Approved April 4, 1860.
Chap. 176 -^^ -^^'^ CONCERNING THE HARBOR OP BOSTON.
Be it enacted, Sfc, as follows :
Commissioners' So mucli of the Commissioners' line established by the
third^section of chapter thirty-five of the acts of the year
eighteen hundred and forty, as lies between the point in the
ledge of rocks off against the end of Taylor's Wharf, men-
tioned in said act, and the north-westerly corner of the City's
Jail Wharf, shall be deemed and taken as commencing at the
north-west corner of Taylor's Wharf, which point is five hun-
dred and fourteen feet from the corner on the north-westerly
side of Brighton Street, and northerly side of Poplar Street ;
and thence running straight to the north-westerly corner of
the City's Wharf, situated west of the jail, which point is
sixty-six feet westerly of Charles Street ; and the same is
hereby established as the line of the channel of the harbor of
Boston between said two points, beyond which no wharf or
pier shall ever hereafter be extended into and over the tide
water of the Commonwealth. This line is defined on a plan
made by James Slade, city engineer of Boston, dated March
thirtieth, eighteen hundred and sixty, and deposited in the
state library. Approved April 4, 1860.
Chap. 177
An Act relating to the roxbury gas light company.
Be it enacted, Sfc, as follows :
S w*est itoxbur Section 1. The Roxbury Gas Light Company is hereby
temporarily. authorizcd to lay pipes through Boylston Street, into the
town of West Roxbury, and to furnish gas to the owners or
occupants of all buildings on the West Roxbury side of said
street, until such time as the Jamaica Plain Gas Light Com-
pany shall give notice, in writing, to the said Roxbury Gas
Light Company, of their readiness to furnish gas to said
owners or occupants ; and the said Roxbury Gas Light
Company shall have the right to continue and maintain
their pipes in said street, for the purpose of supplying gas
to the inhabitants on the Roxbury side of said street, and
any street lamps on the northerly side thereof.
Sinking pipes. SECTION 2. Thc said Roxbury Gas Light Company, with
the consent of the selectmen of the town of West Roxbury,
shall have power and authority to open the ground in any
part of said Boylston Street, in said town, for the purpose
of sinking and repairing such pipes and conductors as it
I860.— Chapters 178, 179. 141
may be necessary to sink for the purpose aforesaid ; and the
said company, after opening the ground in said street, shall
be held to put the same again in repair, under the penalty
of being prosecuted for a nuisance : provided, however, that proviso,
said selectmen for the time being, shall at all times have the
power to regulate, restrict and control the acts and doings
of said company, which may in any manner affect the health,
safety, or convenience of the inhabitants of said town.
Section 3. This act shall take effect from its passage.
Approved April 4, 1860.
An Act to provide for clerical assistance to the board of (^hrir^ 170
INSURANCE COMMISSIONERS. J^'
Be it enacted, §"c., as follows :
There shall be allowed and paid out of the treasury of the Additional com-
Commonwealth, to the board of insurance commissioners, pe°sation.
as compensation for clerical assistance employed by them in
the valuation of life insurance policies, in addition to the
sum appropriated for the salaries and ordinary expenses of
the board, the money actually ^aid into the treasury by the
life insurance companies, under the provisions of section
sixty-four of chapter fifty-eight of the General Statutes,
passed December twenty-eighth, in the year eighteen hun- proviso.
dred and fifty-nine : provided, such compensation shall not
exceed one thousand dollars for the current year.
Approved April 4, 1860.
An Act to CONFIRM THE organization and proceedings of the Qlidf) 179
FIRST UNIVERSALIST SOCIETY IN ESSEX. -^'
Be it enacted, §'c., as follows :
Section 1. The organization of the First Universalist certain proceed-
Society in Essex, which was effected in the year eighteen confirmed^*
hundred and twenty-nine, 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 the clerk thereof for the current year, are
hereby ratified, fully established and confirmed, as the acts,
doings and records of a duly and legally organized corpora-
tion ; and the persons now acting as officers of said corpo-
ration, according to said records, are hereby confirmed as
the lawfully constituted officers thereof, and authorized to
perform all their respective official duties, until their succes-
sors be chosen and qualified ; any defects or informalities
heretofore in said organization and proceedings, to the con-
trary, notwithstanding.
Section 2. This act shall take effect from its passage.
Approved April 4, 1860.
142 I860.— Chapters 180, 181.
Ch 1 80 ^^ -^^^ ^^ INCORPORATE THE PLYMOUTH AND PROVINCETOWN
K^nap. loU STEAM-BOAT COMPANY.
Be it enacted, ^c, as follows :
Corporators. SECTION 1. Samuel H. Doten, George Simmons, Jr.,
Lysander Dunham, Charles C. Doten, Charles C. Churchill,
Title. and John H. Harlow, their associates and successors, are
hereby made a corporation by the name of the Plymouth
Purpose. and Provincetown Steam-boat Company, for the purpose of
owning and running a steam-boat or steam-boats, between
Powers, duties, the aforcsaid towns ; and for this purpose shall have all the
*"'■ powers and privileges, and be subject to all the duties, restric-
tions and liabilities, set forth in the sixtieth and sixty-eighth
chapters of the General Statutes, passed December twenty-
eighth, eighteen hundred and fifty-nine.
Capital. Section 2. The capital stock of this corporation shall
Shares. uot cxcccd fifty thousaud dollars, and shall be divided into
shares of one hundred dollars each. Approved April 4, 1860.
Chap. 181 -^ ^^'^ "^^ INCORPORATE THE TRUSTEES OF THE FREE CHURCH OF
■* SAINT MARY^ FOR SAILORS.
Be it enacted, Sfc, as follows :
Corporators «x- SECTION 1. Gcorgc M. Randall, rector of the church of
officiis. ^1^^ Messiah, Charles Mason, rector of Grace church, James
A. Bolles, rector of the church of the Advent, E. M. P.
Wells, rector of Saint Stephen's church, William R. Nichol-
son, rector of Saint Paul's church, Cyrus F. Knight, rector
of Saint Mark's church, severally in Boston, and Thomas
R. Lambert, rector of Saint John's church, in Charlestown,
their associates and successors in office, for the time being,
rectors of the above named parishes of the Protestant Epis-
Titie. copal Church, are hereby made a body corporate under the
name of the Trustees of the Free Church of Saint Mary,
Powers, duties, for Sailors ; with all the powers and privileges, and subject
^'^' to all the duties, liabilities and restrictions, of associations
for religious purposes, set forth in chapters thirty-two and
sixty-eight of the General Statutes, passed December twenty-
purpose, eighth, eighteen hundred and fifty-nine, for the purpose of
holding property, in trust, for the support of the worship of
Almighty God, according to the doctrine, discipline, and
worship of the Protestant Episcopal Church, in the United
Free church. Statcs of America, in a church which shall be forever free
to seamen and the maritime population at the port of Boston.
By-laws. SECTION 2. Said Corporation may make such by-laws as
are not inconsistent with the laws of the Commonwealth, for
Admission of the cx-officio admissiou to membership therein of other per-
members. ^^^^^ rcctors for the time being, of other churches at or near
I860.— Chapters 182, 183, 184. 143
the port of Boston, in the same manner as the above named
original members. Approved April 4, 1860.
An Act in relation to sidewalks in the city of roxbury. ^, - ^_
Be it enacted, Sfc, as follows : l^fiap. lb 2
Section 1. The mayor and aldermen of the city of Rox- Abutting estates
bury are hereby authorized and empowered to construct "''''''' *'7 .^,^"
•111* PI • • 1 • T pGQSeS 01 81(16-
sidewalks in any oi the streets in said city, and to furnish ^aiks.
all edge stones for the same, and to assess the expense of all
such edge stones upon the owners of land abutting on the
sidewalks so constructed, in proportion to the length of lines
of their respective estates ; and said owners shall be bound
and obliged to pay the amounts so assessed : and in case any
such owner or owners shall refuse to pay the amount so
assessed, within such time as said mayor and aldermen shall
designate, then such amount or amounts may be recovered
by an action of contract, to be brought by said city of
Roxbury before any court or tribunal having competent
jurisdiction in the premises.
Section 2. All acts or parts of acts inconsistent here- Repeal.
with, are hereby repealed.
Section 3. This act shall take efiect from its passage.
Approved April 4, 1860.
Chap. 183
An Act to incorporate the association for the relief of
AGED and destitute WOMEN IN SALEM.
Be it enacted §'c., as follows :
Section 1. John Bertram, B. H. Silsbee, John H. Silsbee, corporators.
Robert Brookhouse, J. W. Peele, N. B. Perkins, James
Upton, W. D. Pickman, and their associates and successors,
are hereby made a corporation by the name of the Associ- Tuie.
ation for the Relief of Aged and Destitute Women, in
Salem, for the purpose of providing for the support of aged, Purpose,
destitute women, not otherwise provided for ; with all the Powers, duties
powers and privileges, and subject to all the duties, liabilities ^'=-
and restrictions, set forth in the sixty-eighth chapter of the
General Statutes, passed December twenty-eighth, eighteen
hundred and fifty-nine ; and for the purpose aforesaid, may property,
take and hold real and personal property to an amount not Amount
exceeding one hundred thousand dollars.
Section 2. This act shall take effect from its passage.
Approved April 4, 1860.
An Act authorizing the city of boston to loan its credit or /^i -i o ^
subscribe to the capital stock of the troy and GREENFIELD ^"'^P' J-04:
railroad company.
Be it enacted, §"c., as follows :
Section 1. The city of Boston is hereby authorized, at Amount of loan.
any time within two years from the passage of -this act, to
144
I860.— Chapter 185.
Loan to be rati-
fied by popular
Tote.
Compensation
from county
treasury.
loan its credit or to subscribe to the capital stock of the
Troy and Greenfield Railroad Company, to an amount not
exceeding five hundred thousand dollars in the whole, upon
such terms as the city council of said city and the Troy and
City bonds for Greenfield Railroad Company shall agree ; and for such
purpose to issue the bonds or scrip of said city, in such
form, of such description, and on such times of payment as
the said city council shall determine.
Section 2. No such loan or subscription shall be made,
until the terms and conditions thereof, as agreed upon by
said city council and said company, have been submitted to
and ratified by the legal voters of said city, at ward meetings
duly notified for that purpose ; which meetings shall be
notified and held, and the aforesaid matters submitted and
acted on, in such manner as the mayor and aldermen of said
city shall prescribe. Approved April 4, 1860.
Chap. 185 An Act relating to the compensation o-f county commissioners.
Be it enacted, ^'c, as follows :
Section 1. Instead of the compensation now paid, the
county commissioners shall receive out of the treasury of
such county the sum hereto annexed, which shall be in full
payment for all services rendered, and travel performed by
them in the discharge of their duties in their respective
counties.
Time of payment. SECTION 2. Said Salary shall be paid semi-annually, in
January and July, and shall be divided among said com-
missioners in proportion to the number of days' service
actually performed, and expenses actually incurred by them
respectively.
Section 3. Until otherwise provided by law, the commis-
sioners of the several counties shall receive the following
salaries, to wit :
The commissioners of the county of Barnstable, one
thousand dollars ;
The commissioners of the county of Berkshire, fifteen
hundred dollars ;
The commissioners of the county of Bristol, fifteen hundred
dollars ;
The commissioners of the county of Dukes County, two
hundred dollars ;
The commissioners of the county of Essex, tliirty-five
hundred dollars ;
The commissioners of the county of Franklin, eleven
hundred dollars ;
The commissioners of the county of Hampden, sixteen
hundred dollars;
Salaries.
County of Barn
stable.
Hampden.
I860.— Chapter 186. 145
The commissioners of the county of Hampshire, one Hampshire,
thousand dollars ;
The commissioners of the county of Middlesex, four Middlesex.
thousand dollars ;
The commissioners of the county of Norfolk, twenty-five Norfolk.
hundred dollars ;
The commissioners of the county of Plymouth, two Plymouth,
thousand dollars ;
The commissioners of the county of Worcester, twenty- Worcester.
eight hundred dollars.
Section 4. This act shall take effect from and after the
first day of July next. Approved April 4:, 1860.
Chap. 186
An Act concp:rning the form of indictment for perjury and
subornation of perjury.
Be it enacted, §"c., as follows :
Section 1. In every indictment for perjury, or for un- ^^^3°^^\iJ° ^^l
lawfully, falsely, fraudulently, deceitfully, maliciously, or forth, &c.
corruptly taking, making, signing, or subscribing any oath,
affirmation, declaration, affidavit, deposition, bill, answer,
notice, certificate or other writing, it shall be sufficient to
set forth the substance of the offence charged upon the
defendant (if the perjury be alleged to have been committed
in a criminal case) or the nature of the controversy in general
terms (if the perjury be alleged to have been committed in
any civil suit or proceeding) and by what court, or before
whom the oath, affirmation, declaration, affidavit, deposition,
bill, answer, notice, certificate, or other writing, was taken,
made, signed or subscribed, without setting forth the bill,
answer, information, indictment, declaration, or any part of
any proceeding either in law or in equity, and without
setting forth the commission or authority of the court or
person before whom the offence of perjury was committed.
Section 2. In every indictment for subornation of per- of indictment
f, . , 1 • • i J.- -J.! for subornation
jury, or for corrupt bargaining or contracting with any &c.
person to commit wilful and corrupt perjury, or for inciting,
causing, or procuring any person unlawfully, wilfully, falsely,
fraudulently, deceitfully, maliciously, or corruptly to take,
make, sign, or subscribe, any oath, affirmation, declaration,
affidavit, deposition, bill, answer, notice, certificate, or other
writing, it shall be sufficient, wherever such perjury or other
offence aforesaid shall have been actually committed, to
allege the offence of the person who actually committed
such perjury, or other offence, in the manner herein before
mentioned, and then to allege that the defendant unlawfully,
wilfully, and corruptly, did cause and procure the said person
19
146 1860.—CHAPTERS 187, 188, 189.
the said offence, in manner and form aforesaid, to do and
Substance of the commit ; and wherever such perjury or other offence afore-
offence, &c. ^^^^ shall uot have been actually committed, it shall be
sufficient to set forth the substance of the offence charged
upon the defendant, without setting forth, or averring any
of the matters or things herein before rendered unnecessary
to be set forth or averred in the case of wilful and corrupt
perjury.
ISection 3. This act shall take effect from its passage.
Approved April 4, 1860.
Chai^. 187
An Act in relation to trial justices.
Be it enacted, Sfc, as follows:
Designations re- SECTION 1. The govcmor, with thc advicc and consent of
the council, may at any time revoke the designation of any
Proviso. trial justice : provided, nevertheless, that said justices may
finish any business commenced by or pending before them,
and may certify copies of their records or other papers as if
tlieir designation had not been revoked.
Term of office. SECTION 2. Evcry trial justice heretofore designated or
hereafter to be designated, shall liold his office for the term
of three years, and no longer, from the time of his designa-
tion, unless such designation be sooner revoked, or unless
his commission as a justice of the peace shall previously
expire.
Repeal. SECTION 3. This act shall take effect on the second day of
June next, and all laws inconsistent herewith are hereby
repealed. Approved April 4, 1860.
pi 1 QQ An Act relating to police courts.
^' Be it enacted, §"c., as follows :
or compensation SECTION 1. Tlic justiccs aud clorks of the several police
cferks*.'*'^*^^ ^°*^ courts of tliis Commouwealth, shall be entitled to receive
their compensation now accrued' and due for all services
rendered prior to the time when this act takes effect, accord-
ing to laws heretofore in force ; but for all services hereafter
rendered, they shall be paid according to the provisions of
the General Statutes.
Section 2. This act shall take effect from the first day
of June next. Approved ApHl i:, \mQ.
Chart 1 8Q ^ ^^^ relative to proceedings in probate courts.
Be it enacted, Sfc, as follows :
Of appeals. The procccdings of any court of probate shall not be
affected by any appeal from any decree or order thereof,
Proviso. hereafter or heretofore made : provided, the court to which
I860.— Chapters 190, 191. 147
such appeal is taken, in accordance with the provisions of
law, shall affirm such decree or order : and provided, the Proviso.
proceedings in said court of probate relative to the matter
upon which such decree or order is made, shall be stayed
during the pendency of such appeal. Approved April ^, 1860.
An Act to incorporate the Berkshire bank. Chap. 190
Be it enacted, §'c., as folloics:
Section 1. Edwin F. Jenks, L. L. Brown, S. W. Bower- corporators.
man, their associates and successors, are hereby made a
corporation, by the name of the President, Directors and Title.
Company of the Berkshire Bank ; to be established in the Location.
town of Adams, and village of South Adams, and shall so
continue until the first day of June, in the year one tliou- Duration.
sand eight hundred and eighty-one ; and shall be entitled Powers, duties,
to all the powers and privileges, and be subject to all the
duties, liabilities and restrictions, set forth in the public
statutes of this Commonwealth, relative to banks and
banking.
Section 2. The capital stock of said bank shall consist capital.
of one hundred thousand dollars, to be divided into shares shares.
of one hundred dollars each, to be paid in such instalments
and at such times as the stockholders may direct : provided, Proviso.
that the whole be paid in before the first day of January, in
the year one thousand eight hundred and sixty-one.
Section 3. The stock of said bank shall be transferable Transfers.
only at its banking-house and on its books.
Section 4. The said corporation shall be subject to all Bank laws.
the liabilities, requirements and restrictions, contained in
such acts as may hereafter be passed by the general court
in relation to banks and banking.
Section 5. This act shall take effect from its passage.
Approved April 4, 1860.
An Act to define the costs of criminal prosecutions. Chap. 191
Be it enacted, Sfc, as foliates :
Section 1. There shall be taxed as the costs of criminal Legal fees
prosecutions the following specific fees and none other,
except such as the court shall deem reasonable for services
not herein specifically provided for, to wit :
I. To trial justices: For receiving a complaint and Trfai justices,
issuing a warrant, fifty cents ; for entering a complaint, ren-
dering judgment and recording the same, examining, allow-
ing and taxing the costs, and filing the papers, seventy-five
cents ; for a mittimus for the commitment of any person,
twenty-five cents ; for the trial of an issue, one dollar ; for
148
I860.— Chapter 191.
Clerks of courts.
Justices and
clerks of police
courts.
Sheriffs,deputies,
constables, &c.
travel in the performance of any official duty, at the rate of
fifty cents for every ten miles in going and returning, but
only one travel shall be allowed for returning papers to any
one term of court ; for taking a recognizance, including
principal and surety, twenty cents ; for all copies, at the
rate of fifteen cents a page ; for every subpcena for one or
more witnesses, ten cents.
II. To clerks of courts : For the entry of an indictment,
presentment, complaint or information, taxing costs and
filing papers, ninety cents ; for entry of an appearance, ten
cents ; for a continuance, twelve cents ; for entering and
recording a verdict, default, confession or other disposition
of a case, twenty cents : for taking a recognizance, twenty-
five cents ; for a warrant, capias, mittimus, habeas corpus,
or other special writ, twenty-five cents ; for a subpoena for
one or more witnesses, ten cents ; for recording proceedings
and judgments, at the rate of twenty cents a page ; for cer-
tificate to the county treasurer of the costs in each case,
twenty-five cents ; for all copies, at the rate of fifteen cents
a page. And the clerks of courts shall not be required to
pay to the county treasurers any part of the fees received
by them for making copies or records.
III. To witnesses : In the supreme judicial or superior
court, one dollar and twenty-five cents a day ; before a police
court or trial justice, fifty cents a day ; for travel, five cents
a mile out and home.
TV. To justices and clerks of police courts, the same
fees shall be taxed as to trial justices for the like services,
the same to be accounted for as provided in the one hundred
and sixteentli chapter of the General Statutes.
y. To sheriffs, deputy-sheriffs and constables, or other
officers : For service of warrant, habeas corpus, capias or
mittimus, eighty cents for each person on whom the same is
served ; for travel for service of the same, five cents a mile
each way, but where more than one process is served upon
the same defendant at the same time, no fees shall be allowed
for more than one ; for conveyance of prisoner when not
charged as a disbursement under section two of this act, ten
cents a mile one way only, in addition to the travel allowed
on the process ; for summoning witnesses, ten cents each,
and travel five cents a mile each way, computed from the
most remote place of service to the place of return ; only
one travel shall be allowed for the service of any one precept,
and if the same precept be served on more than one person,
the travel shall be computed to and from the most remote
place of service ; and where the travel to arrest prisoners
1860.~Chapter 191. 149
and the travel for summoning witnesses, is in whole or in
part the same travel, allowance shall be made for such
travel as has been actually performed, and no more ;'*for
copies when required by law. the same fee as is allowed to
trial justices by the first paragraph of this section ; for
attending court before a magistrate, and Iceeping prisoner,
one dollar a day, to be taxed only upon one warrant, if there
be two or more against the same defendant at the same time.
But none of the foregoing items shall be taxed in any case
unless the service for which such fee is taxed is actually
performed.
Section 2. No fees or charges other than those specified other fees not
in the preceding section shall be allowed or paid to any for"^ necessary
sheriff, deputy-sheriff, jailer, (except the jailer in the county charges,
of Suffolk,) constable, or other ofiicer, for the service of
any process in criminal cases, or for the support or custody
of any prisoner, or for the conveyance of any prisoner to or
from any court, jail, prison, house of correction, reform
school, industrial school, lunatic hospital, workhouse, alms-
house, or other place, unless the expense charged shall have
been actually and necessarily incurred.
Section 3. No sheriff, deputy-sheriff, jailer, constable or salaried officers
other officer, who receives a salary from any county, city or feel ''°*'"^'^
town, for his official services, shall be allowed or paid any
fees or extra compensation whatever for any official services
in any criminal case rendered or performed while such officer
is entitled to salary as aforesaid ; but tlie expenses of such
officer, necessarily incurred and actually disbursed, in the
service of any precept, shall be allowed and paid to him ;
and all fees taxed on behalf of such officer, if paid by the
defendant, shall be paid to the county.
Section 4. All charges for disbursements other tlian the charges for dis-
specific fees enumerated in this act, shall be particularly set "^®™®° ^"
forth in the return, and shall be sworn to by the officer
making the same.
Section 5. The provisions of the preceding four sections, Provisions of pre-
n ,1 1 n ^^ n />,i -f ceding sections,
so lar as they define the lees tor tlie service oi processes, how applied.
shall apply to all original precepts in criminal cases, to all
processes issued during the pendency of the prosecution, to
venires and notifying jurors, to all mittimuses and to state
prison warrants.
Section 6. Whenever witnesses in criminal trials may Travel and at-
i.,,T . ^ -,. ,,1 tendance of wit-
be in attendance in two or more cases pending at the same nesses.
time before the same police court or trial justice, they shall
not be allowed full travel and attendance in each case, but
the trial justice, or the clerk of the police court, under the
150 I860.— Chapter 191.
direction of the justice thereof, may reduce and apportion
the same as may be just and equitable, allowing at least one
travel and attendance.
Kfficers"'°"^' Section 7. The clerks of police courts, the standing
justices of police courts of which there are no clerks, and
trial justices, shall enter all costs taxed and allowed by
them in a record-book to be kept by them for that purpose,
specifying the case in which the same were allowed, to whom
allowed, and the several items of charge specifically ; and
the receipt of the person entitled thereto shall be entered
upon the book when the amount thus allowed is paid.
Accounts of costs SECTION 8. The couutv trcasurcrs of the several counties
to be rendered to , , , , , • , • i i r- t
county treasur- shali uot pay ovcr to auy justice or clerk oi any police court,
"^' or to any trial justice, any costs taxed by them and allowed
in cases heard before said courts or justices, until the justice
or clerk of a police court, or the trial justice, shall have
rendered an account in writing of all fines and costs received
by him since his last return, and of all fees which have
remained in his hands, unclaimed, for the space of three
years after the allowance of the same.
ordisTrict^aTtor- SECTION 9. No fccs or chargcs shall be allowed or paid
neys- to any district-attorney in addition to his salary, as estab-
lished by law, in any case either civil or criminal, in which
the Commonwealth is a party, or for any official service, or
for any assistance therein, nor to any clerk of courts or
other officer whose salary, fees or compensation is established
by law, for any services or assistance in criminal cases,
excepting the fees established and provided by this act.
Any person performing the duties properly appertaining to
the office of district-attorney, clerk, or other office, whether
Sict'mg pro tempore or as an assistant to such officer, except
permanent assistant clerks where established by law, and
the permanent assistant district-attorney for the Suffolk
district, shall be paid by the officer in whose behalf he thus
ProTiso. acts : provided, hoivever, that the court may allow for the
services of a clerk to aid the district-attorney who has no
assistant during the sessions of the grand jury, such sum,
not exceeding thirty dollars each term, as the court may
Further proyiso. dcem rcasouablc ; arnd provided, further, that if in any case
it shall appear to the judge of the court in wliich tlie services
are rendered, that there is a public exigency requiring the
services to be thus performed, for which no compensation is
provided by this act, such allowance may be made as said
judge shall declare to be reasonable and proper, in a certifi-
cate under his own signature, setting forth particularly the
nature of the exigency, the amount of services rendered,
I860.— Chapter 192. 151
and the particular amount of compensation to be paid
therefor.
Section 10. So much of chapter one hundred and Repeal,
seventy-six of the General Statutes, passed on the twenty-
eighth of December, in the year one thousand eight hundred
and fifty-nine, as requires the payment into the treasury of
the Commonwealth of the costs, fines and forfeitures received
in criminal prosecutions, and so much of said chapter as
requires any reimbursements to the several counties from
the treasury of the Commonwealth, is hereby repealed ; and
the costs, fines and forfeitures aforesaid, and unclaimed
fees, shall be paid to and retained by the counties : provided^ ProTiso.
however^ that no indictment or other process shall be inval-
idated by reason of describing any fines and forfeitures as
inuring to the use of the " Commonwealth," instead of the
" county," or by reason of any misstatement as to tlie
appropriation of any fines or forfeitures.
Section 11. This act shall take effect from and after the
thirtieth day of June next. Approved April 4, 1860.
Chap. 192
An Act to provide for the extirpation of the disease called
pleuro-pneumonia among cattle.
Be it enacted, ^"c, as follows. •
Section 1. The governor is hereby authorized to appoint commission to be
three commissioners, who shall visit without delay the sev- ^pp°"'*'^'^-
oral places in this Commonwealth, where the disease among
cattle, called pleuro-pneumonia, may be known or suspected
to exist, and shall have full power to cause all cattle belong- its powers.
ing to the herds in which the disease has appeared, or may
appear, or which have belonged to such herds since the dis-
ease may be known to have existed therein, to be forthwith
killed and buried, and the premises where such cattle have
been kept, cleansed and purified ; and to make such order
in relation to the further use and occupation of such premises
as may seem to them to be necessary to prevent the extension
of the disease.
Section 2. The commissioners shall cause all cattle, in Appraisal of in
the aforesaid herds, not appearing to be affected by the dis-
ease, to be appraised before being killed, at what would have
been their fair market value if the disease had not existed ;
and the value of the cattle thus appraised shall be allowed
and paid out of the treasury of the Commonwealth to the
owner or owners thereof.
Section 3. Any person who shall knowingly disregard Penalty for dis-
any lawful order or direction of said commissioners, or who ^^^^'^'^' ^''•
shall sell or otherwise dispose of an animal which he knows,
152 I860.— Chapters 193, 194.
Penalty for sale 01' lias good reasoii to suspect lias been exposed to the afore-
of infected cattle, g^j^ diseasB, sliall forfeit a sum not exceeding five hundred
dollars.
Report of com- SECTION 4. The commissioiiers shall make a full report
missioners. ^^ ^j^^ ggcrctary of the board of agriculture, of their pro-
ceedings, and of the result of their observations and inquiries
relative to the nature and character of the disease.
Certificates and SECTION 5. The commissioncrs sliall dulj ccrtifj all allow-
warrants. anccs made under the second section of this act, and other
expenses incurred by them, or under their direction, in the
execution of their service, to the governor and council ; and
the governor is hereby authorized to draw his warrant there-
for upon the treasury.
Duration of SECTION 6. This act shall take effect from its passage,
and continue in force for the term of one year thereafter,
and no longer. Approved April 4, 1860.
enactment.
Cha2J. 193
tion.
An Act allowing the battery wharf company further time
TO organize.
Be it enacted^ §'c., as folloivs :
Timeoforganiza- SECTION 1. The corporatiou created by chapter one hun-
dred and twenty-six of the acts of eighteen hundred and
fifty-eight, entitled " An Act to incorporate the Battery
Wharf Company," may organize under said act at any time
witliin six months after the passage of this act.
Section 2. This act shall take effect from its passage.
Approved April 4, 1860.
CAop. 194
An Act to authorize the selectmen of the town of Dorches-
ter to lay out and construct a town way.
Be it enacted^ ^'c, as folloivs:
Location. The Selectmen of the town of Dorchester, in the county
Direction &c. of 0^ Norfolk, ai'c hereby authorized and empowered to lay out
town way. ' and construct a towii Way iu the said town of Dorchester,
commencing at a point at or near the place where the Old
Colony and Fall River Railroad crosses Mill Street, so called,
thence running eastwardly across the marshes and the tide-
waters of the northerly branch or arm of the creek known
as Barque Warwick Cove, to any convenient point upon
Commercial Street, so called, lying northwardly of the north-
erly end of the bridge now standing at the mouth of the
said cove : and the selectmen aforesaid, in laying out such
town way, shall conform to the provisions of law for the lay-
ing out of ways within the limits of tiie towns in this Com-
monwealth, and their proceedings, so far as they have been
conformable to the forms and provisions of law, are hereby
established and confirmed. Approved April 4, 1860.
I860.— Chapters 195, 196, 197, 198. 153
An Act concerning fraudulent notices of births, marriages pi -i gr
AND DEATHS. K^liap. 1^0
Be it. enacted, Sfc, as follows :
Any person who shall wilfully send to the publishers of Penalty for
any newspaper, for the purpose of publication, a fraudulent now^"*
notice of the birth of a child, or of the marriage of any
parties, or of the death of any person, shall, upon conviction
thereof, be punished by a fine not exceeding one hundred
dollars. . Approved April 4:, l%m.
An Act authorizing the second baptist society in beverly, to (^h^^ i qa
SELL THEIR PARSONAGE. V^ lUJf. lyO
Be it enacted, ^'c, as follows :
Section 1. The Second Baptist Society in the town of Town to sen cer-
Beverly, is hereby authorized and empowered to sell either property^"'""^^'^
a part or the whole of the estate located within the said town
of Beverly, which is held and possessed by them, and which
has been appropriated and improved as a parsonage, consist-
ing of a dwelling-house and wood-shed, with their appur-
tenances and the land under and adjoining.
Section 2. The standing committee or trustees of the oeedof saie.
said society, for the time being, or the treasurer thereof, shall
have power to deed either a part or the whole of said estate
to any purchaser or purchasers.
Section 3. This act shall take effect from its passage.
Approved April 4, 1860.
Chap. 197
An Act in regard to the acceptance of drafts and bills of
exchange.
Be it enacted, cVc, as follows :
Any person upon whom a bill of exchange or draft is Right of accept-
drawn which requires acceptance, shall have until two o'clock *""^'
in the afternoon of the business day next succeeding the first
presentation thereof, in which to decide whether or not he
will accept the same : provided^ hoivever, that all bills of Proviso,
exchange or drafts which may be for cause held over one
day, shall, when accepted, date from the day of presentation.
Approved April 4, 1860.
An Act to incorporate the plummer granite company. Chat) 198
Be it enacted, &;c., as follows.:
Section 1. Israel Plummer, Chase Philbrick, and Henry corporators.
S. Taft, their associates and successors, are hereby made a Title.
corporation by the name of the Plummer Granite Company,
for the purpose of carrying on the business of quarrying Purpose.
granite in the town of Northbridge, in the county of Wor- Location.
20
154
I860.— Chapters 199, 200.
Powers,
&c.
Real and person
al estate.
Shares.
duties, cester ; and shall have all the powers and privileges, and be
subject to all the liabilities, duties and restrictions, set forth
in tlie sixtieth and sixty-eighth chapters of the General Stat-
utes, passed December twenty-eighth, eighteen hundred and
fifty -nine.
Section 2. Said corporation may hold real and personal
estate, necessary and convenient for the purposes aforesaid,
to an amount not exceeding the sum of one hundred thou-
sand dollars, the shares in said corporation to be one hundred
dollars each.
Section 3. This act shall. take effect from its passage.
Approved April 4, 1860.
CJlG/p. 199 '^-^^ -^^^ CONCERNING IMPRISONMENT IN THE COUNTY OF SUFFOLK.
Be it enacted, Sfc, as follows :
In all cases in which the police court of the city of Boston
is authorized to sentence to imprisonment in the house of
correction or county jail, or commitment thereto for non-
payment of fine and costs, said court may instead, at their
discretion, sentence to imprisonment in the house of industry
for the city of Boston, or commitment thereto.
Approved April 4, 1860.
Discretion of
court, to sen-
tence in certain
cases.
Chap.
QAA An Act for the more speedy filling of lands in the back bay.
Be it enacted, S^c, as follows :
state credit. SECTION 1. Thc trcasurcr of this Commonwealth is here-
by authorized to prepare for issue, as hereinafter provided,
scrip or certificates of debt in the name and behalf of the
Commonwealth, and under his signature and the seal of the
Commonwealth, bearing date on the first day of May, in the
Amount. year one thousand eight hundred and sixty, for the sum of
five hundred thousand dollars, with coupons attached for
wbeu payable, iutercst at thc rate of five per centum per annum, payable
semi-annually, on the first days of November and May, at
the office of said treasurer, and redeemable at the said office
on the first day of May that shall be in the year one thou-
sand eight hundred and eighty, which scrip or certificate
shall be countersigned by the governor, and shall be deemed
to be a pledge of the faith and credit of the Commonwealth
for the redemption thereof ; and no part shall be sold or
issued except as hereinafter provided, and the proceeds of
all sales thereof shall be paid into the treasury of the Com-
monwealth.
Duty of commis-
sioners.
Section 2. The commissioners on the Back Bay shall
cause the filling of the lands in the Back Bay belonging to
the Commonwealth, to be prosecuted with all reasonable
I860.— Chapter 200. 155
diligence and despatch, with the means at their disposal
under existing laws, without incurring any debt or liability
whatever on the part of the Commonwealth ; and whenever
said commissioners represent to the governor and council
that the interests of the Commonwealth demand that a pay-
ment of money shall be made to the contractors for filling,
for work actually done, in lieu of such other payments as
are authorized by existing laws, and if it appears that the
cash on hand derived from the moiety of the proceeds of
sales already made is insufficient for such payment, the gov- ifsueof scrip.
ernor, by and with the advice and consent of the council,
and upon the request of the, commissioners aforesaid, and
not otherwise, may direct the issue of an amount of the scrip
provided in the preceding section, not exceeding fifty thou-
sand dollars at any one time ; and so much of the said scrip Disposition of
as may not be required for the investment of any of the
trust funds belonging to the Commonwealth, shall thereupon
be sold at auction in the city of Boston. The avails of all
said scrip, whether issued to the trust funds or sold at auc-
tion, as aforesaid, (in the latter case deducting auctioneer's
commissions and other necessary charges of sale approved
and allowed by the commissioners on the Back Bay,) may be
paid to the contractors for filling, in payment of their bills,
approved by the commissioners on the Back Bay, and upon
their order, for work actually done ; and said avails are
hereby appropriated for that purpose : provided, that the Proviso,
scrip itself may be issued directly to the contractors 'in pay-
ment of such bills, if accepted by them at a value not less
than par, and not less than its market value, to be deter-
mined by the treasurer.
Section 3. In case any issue is made of scrip, as afore- sinking fund,
said, to an amount exceeding fifty thousand dollars, the
moiety of the pi'oceeds of sales which by law is applicable to
the purposes of improvement, after meeting only the interest
on the scrip, and such specific charges as may be made in
virtue of special appropriations annually made by law,
together with all premiums that may be realized on the sale
of scrip, shall be reserved as a sinking fund, to be applied
for the redemption of the scrip herein before authorized to
be issued, until said fund is equal to the amount of scrip
that has been issued ; after which said moiety of proceeds of
sales shall be applicable to the purposes now provided by
law.
Section 4. In case the issue of scrip does not exceed sinking tund
fifty thousand dollars, there shall be annually reserved from
the moiety of the proceeds of sales which by law is applica-
156 I860.— Chapter 201.
ble to the purposes of improvement, the sum of ten thousand
dollars, to constitute, with the accumulating interest thereon,
a sinking fund for the redemption of said scrip, until the
fund is equal to the amount of the scrip which has been
issued.
Sales of land at SECTION 5. Thc commissioncrs on the Back Bay shall sell
the land from time to time in such quantities, and with such
conditions, as they may deem best, by public auction, first
giving due notice of the time and place of sale, and submit-
ting to the governor, for his approval, a schedule of the lots
proposed for sale, with the minimum prices at which they
may be offered. The terms of sale shall be not less than
one-fifth cash ; and the purchaser shall be entitled to a credit
for a term not exceeding ten years, upon not more than
four-fifths of the purchase money, making annual payments
thereof, or otherwise, as the commissioners may deem best,
with interest at the rate of five per cent, per annum, payable
semi-annually, with notes secured by mortgage on the prem-
conveyance. iscs ; and the lands may be conveyed by deed, according to
the provisions of the resolves of the year one thousand eight
hundred and fifty-seven, chapter seventy ; or the commis-
sioners may execute and deliver suitable agreements for
such deeds, to be delivered when the purchase money and
Charges of sale, interest sluiU all have been paid. The auctioneer's commis-
sions and other necessary charges of sales, approved and
allowed by the commissioners on the Back Bay, shall be
deducted from the gross proceeds before the same are paid
into the treasury of the Commonwealth.
Office of the com- SECTION 6. The commissioucrs on the Back Bay shall
missiouers. havc their office in the state house, in such room as the
sergeant-at-arms, with the approval of the governor, may
direct ; and all deeds, instruments, maps, charts, plans and
other papers belonging to the Commonwealth, relating to the
Back Bay and lands therein, shall be deposited in said office.
Approved April 4, 1860.
Chnn 901 ^^ "^^^ CONCERNING RAILROADS.
•^ " Be it enacted, §'c., as folloivs :
Rights of rail- SECTION 1. Any railroad corporation existing by the
w°th^ "roadT^'m l^ws of any other state, having occasion to use within this
other states. Commouwcalth any portion of any connecting railroad be-
longing to any railroad corporation chartered by the concur-
rent legislation of this Commonwealth and of any other state
or states, shall have all the rights and privileges granted by
chapter one hundred and ninety-one of the acts of eighteen
hundred and forty-five, and of the act in addition thereto,
I860.— Chapter 202. 157
being chapter two hundred and ninety-one of the acts of
eighteen hundred and fifty-seven, in the same manner as if
incorporated by the legislature of this Commonwealth, over
such portion of said railroad as lies within this Common-
wealth.
Section 2. That portion of any railroad which lies within
this Commonwealth, owned by any railroad corporation
chartered by the concurrent legislation of this Common-
wealth and of any other state or states, shall be entitled to
all the benefits of the railroad corporations chartered solely
by the laws of this Commonwealth, and shall be subject to
the same and no other liabilities except those contained in
the preceding section. Approved April 4, 1860.
Chap. 202
An Act in addition to an act authorizing a loan of the state
credit to enable the troy and greenfield railroad company
to construct the hoosac tunnel.
Be it enacted, §'e., as follows :
Section 1. The Troy and Greenfield Railroad Company Location of road
shall forthwith make and file in the proper offices a location ''"'^ tunuei.
of their entire road and tunnel, which location shall be
made on that side or sides of the Deerfield River which will
afford the most direct and eligible route between the village
of Shelburne Falls and a suitable terminus in the town of
Deerfield or Greenfield, to be determined by the state
engineer appointed as hereinafter provided.
Tlie grades of any part of the road hereafter to be con- Grades and cur-
structed shall not exceed forty feet to the mile ascending ^'^'"'^^^■
eastward, and fifty feet to the mile ascending westward ; and
the limits of grade and curvature of said road, included
within said location, and not graded, shall be such that the
maximum resistance to the passage of trains, in either
direction, shall not exceed the maximum resistance in the
same direction on the Fitchburg and Vermont and Massa-
chusetts Railroads ; and before any location made by the
chief engineer of the Troy and Greenfield Railroad Company
shall be filed, a copy of the alignment and a table of grades,
verified by the oath of said engineer, shall be submitted to
a state engineer appointed as hereinafter provided, who shall
certify that the limits of grade and curvature herein before
prescribed have not been exceeded, and the said table of
grades so certified shall be filed with the location.
Section 2. No further deliveries of scrip shall be made Deuvenes of scrip
to said company upon the conditions authorized in former
acts, but the undelivered portions of the loan of two millions
pf dollars authorized by chapter two hundred and twenty-
158 I860.— Chapter 202.
six of the acts of eighteen hundred and fifty-four, amount-
ing; to one million seven hundred and seventy thousand
dollars, shall he divided and apportioned between the rail-
road and tunnel, and for the construction of each, respec-
tively ; six hundred and fifty thousand dollars for the com-
pletion of the unfinished portion of railroad extending from
the eastern terminus of said road near Greenfield to within
half a mile of the eastern end of the Hoosac Tunnel, and
one million one hundred and twenty thousand dollars for
the completion of the tunnel, which shall be delivered upon
the conditions and in the manner hereinafter declared,
subject however to the provisions of the third section of
chapter one hundred and seventeen of the acts of eighteen
hundred and fifty-nine.
Bonds, mort- No delivery of any portion of said scrip shall be made
gages, &c. until said company shall, at a special meeting duly authorized
for the purpose, have assented to the provisions of this act,
nor until said company shall have duly made and located
their line of road as aforesaid, and shall have executed to
the Commonwealth such further bond and mortgage, or other
assurances of title on their franchise, railroad, or other
property, as the attorney-general shall prescribe, for the
further security of the Commonwealth ; and said bond and
mortgage, and other assurances, and all bonds, mortgages,
or other assurances heretofore made to the Commonwealth
by said company, shall have priority to and be preferred
before any and all attachments or levies on execution here-
tofore or hereafter made.
state engineer to SECTION 3. Thc govcmor aud couucil sliall annually
be appointed. appoiut a statc engineer for the purpose of examining and
determining monthly the amount and value of the work
done, and materials delivered on the railroad and tunnel of
the Troy and Greenfield Railroad Company, who shall
receive an annual salary of one thousand dollars, payable
His duties. quarterly. The state engineer shall forthwith fix permanent
marks in each end of the Hoosac Tunnel, marking the
progress of the work up to February twenty- fourth, eighteen
hundred and sixty, from which to determine the progress
subsequently made. He shall also determine by suitable
notes, marks, or observations, the amount and value of all
grading, bridging, masonry, or other work done, or iron, or
other materials delivered on the road east of the Hoosac
Tunnel prior to December twenty-second, eighteen hundred
and fifty-nine, and fix data from which to determine the
value of any work, or materials delivered subsequent to the
date last named. He shall monthly, immediately after the
I860.— Chapter 202. 159
first day of each month, esthnate the proportion which
the work done npon the road, since the preceding estimate,
bears to the whole of the work required to be done in the
graduation, masonry, bridging, and superstructure of said
raih"oad east of the Hoosac Tunnel, and also the work done
in the excavation of said tunnel, which he shall certify
separately to the governor, together with the amount of state
scrip to which the company is entitled under the provisions
of this act. Such monthly estimates shall be based upon a
width of road-bed at grade of fifteen feet, on embankments,
seventeen and a half feet in side-cuts, and twenty feet in
thorough-cuts ; in the heading of the tunnel, upon dimensions
fourteen feet wide and six feet high in the middle, and in
the finished excavation of the tunnel of fourteen feet wide
and eighteen feet high in the middle.
The deliveries of scrip shall be at the rate of fifty dollars Deliveries of
for each lineal foot of tunnel, divided between heading and ^''"^'
full sized tunnel, in the proportion of thirty dollars for each
hneal foot of heading and twenty dollars per lineal foot for
the remaining excavation ; and of six hundred and fifty
thousand dollars for the whole of the graduation, masonry,
bridging and superstructure of the unfinished portion of the
road east of the tunnel.
The scrip shall be delivered on the road in the proportion
which the value of the work done and the materials delivered
each month bears to the estimated cost of the whole work
and materials required on the portion of road aforesaid.
No expenditures shall be required merely for the purposes
of ornament, but the work shall be substantially performed,
and the rails shall weigh not less than fifty-six pounds to the weight of raiia.
lineal yard : for any defective materials or work, a propor-
tionate amount of scrip shall be withheld.
The governor and council shall have a general supervision supervision by
of the work, and for that purpose shall visit and inspect the founcu""^ ^^'^
same at least once in each year, and as much oftener as they
may deem expedient ; and they shall have power to correct
abuses, remedy defects, and enforce requirements, by with-
holding scrip or imposing new requirements in such manner
as the interest of the Commonwealth shall in their judgment
require.
If the governor, upon the receipt of the monthly estimates Monthly esti-
and certificates of the state engineer, shall approve thereof, uecates!^'^ '"^'^"
he shall transmit the same and his approval thereon to the
state treasurer, and the state treasurer shall thereupon
deliver the amount of scrip so certified for, to the treasurer
of the Troy and Greenfield Railroad Company, or to his
160 I860.— Chapter 202.
order, subject to the provisions hereafter mentioned. If lie
shall not approve thereof he shall submit the same to the
council, and their approval transmitted to the state treasurer
as aforesaid shall authorize such delivery.
Interest on scrip. SECTION 4. The companj shall at least thirty days before
any interest on any State scrip delivered to said company
becomes payable, transmit the amount thereof, with costs of
exchange, to the treasurer of the state, and he shall in all
cases and at the charge of said company, pay at maturity all
interest and costs of exchange which become payable on
Costs of exchange Said scHp wlicrc tlic samc is payable ; and if said interest
and exchange and all interest and costs thereon, or any pay-
ments required to be made into the sinking fund, or interest
thereon, or any part thereof, remain unpaid when said com-
pany becomes entitled to the next delivery of state scrip,
then the state treasurer shall deduct the amount so remain-
ing unpaid, with all costs and interest thereon, from the
amount of scrip then deliverable.
Crossing of high- SECTION 5. Tlic Troy and Greenfield Railroad Company
^^^^' may construct their railroad across the public highways at
grade, in cases where the county commissioners of the county
do not determine such manner of crossing to be detrimental
to the public safety and convenience ; but whenever they do
so determine, said company shall construct the same in such
manner as the county commissioners direct.
Directors of the SECTION 6. The legislature shall immediately, after the
chosen"^' ^°'^ passage of this act, elect two directors of the Troy and
Greenfield Railroad Company, to hold their office for one
year, or until others are elected by the legislature ; and any
city, town or corporation that may subscribe not less than
one hundred thousand dollars, shall have the right to elect
annually one director ; and any city that may subscribe not
less than five hundred thousand dollars, shall have the right
to elect annually by their council two directors in said com-
pany, whicli election may be held at any time after such sub-
scription is made.
Capital stock. SECTION 7. The Capital stock of the Troy and Greenfield
Railroad Company shall consist of twenty-five thousand shares
of the par value of one hundred dollars each, in which shall
be included all shares heretofore issued or subscribed for,
conditionally or unconditionally, or payable in work, an
accurate account of which shall be made by the company,
and recorded in the records of the directors. And the residue
of said shares, and all shares which may revert to said com-
pany, shall be hereafter issued only at par value, and for cash,
or town or city scrip, or for the bonds of the company.
I860.— Chapter 202. 161
Section 8. The Troy and Greenfield Railroad Company Purchase of
is hereby authorized and required to purchase the entire mo"ntR.R.
road, franchise, stock, bonds, and other property of the
Southern Vermont Railroad Company, together with the
income, benefits and reversion of its lease to the Troy and
Boston Railroad Company, and subject to its provisions, for
the sum of two hundred thousand dollars ; and for the pur- scrip for said
pose of enabling them to make such purchase, and transfer p"'p°^®-
the same to the Commonwealth as additional security to the
Commonwealth for its whole loan, a further issue and loan
of state scrip in federal currency, of the description specified
in chapter two hundred and twenty-six, of the acts of the
year eighteen hundred and fifty-four, is hereby authorized
to be made, to the amount of two hundred thousand dollars,
deliverable as follows, namely :
Whenever all the capital stock of the Southern Vermont l^^^^^^ ^ cpn^i-
i 1 J? tions for delivery
Railroad, exceptmg not exceeding twenty shares, oi one of state scrip.
hundred dollars each, and one hundred thousand dollars of
its mortgage bonds, with coupons attached, the whole amount
being one hundred and fifty thousand dollars, payable in
twenty years from the date of issue, with six per cent, inter-
est, payable semi-annually at the Bank of Commerce, in the
city of New York, and the aforesaid lelase of said company
to the Troy and Boston Railroad Company, together with
the rent reserved therein of twelve thousand dollars per
annum, payable semi-annually, shall have been transferred
to the treasurer of the Commonwealth, for the future secu-
rity of the Commonwealth for its whole loan of credit to the
Troy and Greenfield Railroad Company, in such manner as
the attorney-general shall prescribe, and to the satisfaction
of the governor and council, the state treasurer shall deliver
one hundred and twenty-five thousand dollars of said scrip
to the treasurer of the Troy and Greenfield Railroad Com-
pany ; and when the remaining portion of said bonds, with
the coupons attached, shall be in like manner delivered to
the state treasurer, he shall deliver to the treasurer of the
Troy and Greenfield Railroad Company the balance of said
scrip, amounting to seventy-five thousand dollars: provided, Proviso.
that if any holders of said bonds, not exceeding ten thousand
dollars in all, shall refuse to surrender the same at par, the
Troy and Greenfield Railroad Company shall not be required
to purchase the same, but the state treasurer shall withhold
an equal amount of state scrip at par in lieu thereof.
The semi-annual payments of the coupons, with the balance semi-annuai
of the income from the lease of the Southern Vermont Rail- couJTom!^ °^
road, shall be collected by or paid to the state treasurer, who
21
162 I860.— Chapter 203.
shall therefrom pay the interest on the two hundred thou-
sand dollars of five per cent, scrip herein authorized to be
issued, and shall pay the balance to the commissioners of
the sinking fund of the Troy and Greenfield Railroad loan,
to be by them from time to time invested as is now by law
required.
AuthoritT from The Troy and Greenfield Railroad Company shall, as soon
fo'^rjurchase'l&c. as may be after the passage of this act, procure from the
ofs.vt. K.ii. legislature of the State of Vermont the requisite authority
for purchashig, holding and mortgaging to the Common-
wealth the franchise, railroad and property of the Southern
Vermont Railroad Company, according to the provisions of
this act ; and in case such authority shall not be granted,
and any want of security by reason thereof accrue to the
Commonwealth, the governor and council shall withhold
from the Troy and Greenfield Railroad Company portions
of scrip constituting the last deliveries to be made on the
completion of the tunnel, to such amount, not exceeding
two hundred thousand dollars, as may be required for further
security.
Repeal SECTION 9. All acts aud parts of acts inconsistent here-
Proviso. with, are hereby repealed : provided^ hovjever^ tliat such
repeal shall not, and nothing contained in this act shall,
have effect or be construed in any way to release or impair
any security which the Commonwealth now has or may
hereafter have by force of the bond and mortgage now held
by the Commonwealth on the franchise, railroad and property
of the Troy and Greenfield Railroad Company.
Approved April 4, 1860.
An Act in relation to the propkietoks of the Middlesex
CANAL.
court.
Chap. 203
Preamble. Whercas, The supreme judicial court of this Common-
wealth, on the third day of October last, upon an information
filed by the attorney-general pursuant to a resolve of the
Decree of s. J. last legislature, by a judgment and decree, declared that the
proprietors of the Middlesex Canal, or any persons pretend-
ing to hold the privileges, franchises and liberties of said
corporation, do not in any manner, have, hold, use, exercise
or enjoy the said privileges, franchises and liberties, under
and by virtue of any authority conferred by any act of the
general court of this Commonwealth, and that said proprie-
tors of the Middlesex Canal be absolutely forejudged and
excluded from having, holding, using, exercising or enjoy-
ing said franchise, privileges and liberties : Now, therefore,
I860.— Chapters 204, 205. 163
Be it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the
same, as follows :
All the privileges, liberties and franchises, granted or Rights ana privi-
giveu by the twenty-first chapter of the acts of the legisla- Lwi^weluV"
ture of the year one thousand seven hundred and ninety-
three, incorporating said proprietors, or by any subsequent
acts in addition thereto, are hereby declared seized into the
hands of the Commonwealth, forfeited and annulled in con-
sequence of the non-feasance and rais-feasance of said corpo-
ration, and the neglect of their corporate duties, in accord-
ance with said judgment and decree. Approved April 4, 1860.
An Act to authorize the west Cambridge gas light company ni^^y, 901
TO extend their pipes and conductors into the towns of ^'*"i^- ^''^
WINCHESTER AND BELMONT.
Be it enacted, Sfc., as follows :
Section 1. The West Cambridge Gas Light Company Right to estab-
are hereby authorized to extend their gas pipes and conduc- saiat^iTs""'^'"
tors into Winchester and Belmont, and build all necessary
buildings in eitlier of said towns; and they shall have the sinking pipes,
authority to open the ground in any part of the streets, lanes
and highways in said towns, for the purpose of sinking and
repairing said pipes and conductors : provided, however, that Proviso.
the selectmen of said towns respectively, for the time being, selectmen to con-
shall at all times have the power in their respective towns to company!
regulate and control the acts and doings of said company,
which may in any way or manner affect the health and safety
of the inhabitants of said towns: provided, however, that Proviso,
the West Cambridge Gas Light Company sliall avail itself of Time limited.
the privileges of this act within six months from the passage
thereof.
Section 2. The capital stock of said corporation shall increase of
be increased to one hundred and fifty thousand dollars. *^^^"*^ '
Section 3. This act shall take effect from its passage.
Approved April 4, 1860.
An Act concerning boston HxVrbor. Chan 205
Be it enacted, cVc, as follows :
Section 1. The city of Boston is hereby authorized to Grant of right to
remove the bridge, or any part thereof, as it shall deem the S^^ovw 'iwe
interests of navigation require, of the Midland Railroad Point oiiannei.
Company, over Fore Point Channel, in the city of Boston :
provided, however, iha.t this section of this act shall not take Proviso,
effect if the said company, or any other railroad company, at
their request, shall on or before the first day of October,
164
I860.— Chapter 206.
Further proviso.
Right to erect
buoys, &c.
Bridge materials
to revert to city
of Boston.
Bridge may be
converted into a
highway.
Assessment of
damages.
Chap, 206
Warehouse
licenses.
eighteen hundred and sixty, repair the said bridge, and
extend the piers of its draw, and make the same convenient
to navigation, in such manner as the governor and council,
and the mayor and aldermen of the city of Boston shall
approve : and provided, further , that if said city shall remove
said bridge, or any part thereof, under the provisions of this
section, then the right of any corporation or person to have,
keep or maintain any railroad over said bridge thus removed,
and between said bridge and Sea Street, in the city of Boston,
shall cease, and all laws authorizing the maintenance thereof
are to that extent repealed.
Section 2. The city of Boston may, while said bridge
remains, erect such buoys and other structures near thereto,
as the mayor and aldermen of the city of Boston shall deem
necessary to the safety and convenience of navigation.
Section 3. In case the city of Boston shall remove said
bridge, under the authority of this act, all the materials
thereof shall belong to the city of Boston, to reimburse the
said city for the expenses of such removal.
Section 4. The city of Boston is hereby authorized, with
the consent of the Midland Railroad Company, and upon
such terms as may be mutually agreed upon, to take the
said bridge, or any portion thereof, over Fore Point Channel,
belonging to said company, and appropriate the same for a
public highway ; and for this purpose the said city may, with
the consent of the governor and council, widen, alter and
straighten said bridge in such manner as it shall deem best :
provided, however, that if said city shall lay out a highway
over said bridge under the provisions of this act, the damage
occasioned thereby shall be assessed in the same manner as
if said railroad had not been located over the premises taken
for the highway, and shall be assessed to the person entitled
to the damages occasioned by the construction of said rail-
road over said premises. Approved April 4, 1860.
An Act establishing a system op public warehousing.
Be it enacted, §'c., as folloivs :
Section 1. The governor, with the advice and consent of
the council, may license in any city or town in the Common-
wealth suitable persons to be public warehousemen, who
may keep and maintain public warehouses for the storage of
goods, wares and merchandise. Each warehouseman shall
give bond with sufficient sureties to the treasurer of the Com-
monwealth, to be approved by the governor, for the faithful
discharge of his duties.
I860.— Chapter 206. 165
Section 2. When it appears to the treasurer, on the Actions against
representation of any party interested in property stored in ^^'^^^^'
such public warehouse, that the keeper thereof has failed to
perform his duty, the treasurer may allow the person
aggrieved to bring an action on the bond ; and the proceed-
ings in such action shall, as far as may be, conform to those
provided in the case of an action on the bond of an adminis-
trator.
Section 8. Each warehouseman shall, when requested insurance of
... iji ,1. T 11 stored property.
m writmg by the party placmg goods, wares and merchan-
dise with him on storage, cause the same to be duly insured
for whom it may concern, and shall issue to such owner his
warehouseman's receipt therefor, negotiable in form, describ-
ing the property, and stating therein the rate of charges for
warehousing said property, and the amount and rate of
insurance thereon. Said receij)t shall also have printed
upon it a copy of this law.
Section 4. The owner's title to the property stored in a Titieto property
public warehouse, as above prescribed, shall pass by the ^^°^^'^-
delivery of the warehouseman's receipt therefor, with the
owner's indorsement thereon : provided, notice of such in- Proviso,
dorsement is entered on the books of the warehouseman with
whom the property is stored.
Sections. A consignee of goods, wares and merchandise, consignees of
with authority to sell the same, shall be deemed the owner ^°° ^
thereof for all the purposes of this act.
Section 6. Each warehouseman shall keep books in Books and aec-ts
I'liiii , T j.i?nx i- 1 i.' of warehouseman
which shall be entered an account oi ail transactions relating
to the warehousing, storing and insuring of goods, wares
and merchandise, and the issuing of warehouseman's certifi-
cates and the indorsement thereof, which books shall be open
to the inspection of any person interested in the property
stored in his warehouse.
Section 7. Due notice, at the warehouseman's expense. Notice of license,
shall be given by the secretary of the Commonwealth, by tk)u to^be 'pub-
publishing the same in one or more newspapers published in ^l^^y*^ ^^ ^^"^'
the county or town in which the warehouse may be located,
and if no newspaper be published in said county, then in one
or more papers in the city of Boston, not less than ten days,
of the license and qualification of the warehouseman,
together with the amount of bonds given by him, and also of
his discontinuance as such warehouseman.
Section 8. Whoever sells, pledges, lends or in any other unlawful dispo-
way disposes of, or permits or is a party to the selling, pledg- store^propertyf
ing, lendiiig or other disposition of any goods, wares, mer- ^°^ punisiaaWe,
chandise, article or thing, deposited in warehouse, without the
166
I860 — Chapter 207.
Of counterfeit
receipts and cer-
tificates.
Of counterfeit
signatures or
indorsements.
Deputy ware-
housemen.
Fraudulent as-
signment of
certificates.
Repeal.
authority of the party depositing the same, shall be punished
by a fine not exceeding five thousand dollars, and imprison-
ment in the state prison not exceeding three years.
Section 9. Whoever falsely makes, utters, forges or
counterfeits, or permits, or is a party to the false making,
uttering, forging or counterfeiting of any warehouse receipt,
certificate or other instrument used to pass or to give any
title to any property deposited ia warehouse, shall be pun-
ished by a fine not exceeding five thousand dollars, and
imprisonment in the state prison not exceeding three years.
Section 10. Whoever falsely makes, utters, forges or
counterfeits, or permits, or is a party to the false making,
uttering, forging or counterfeiting of the signature of a ware-
houseman, or of an indorser, or of any other person, to any
instrument used to pass or to give any title to any property
deposited in warehouse, shall be punished by fine not exceed-
ing five thousand dollars, and by imprisonment in the state
prison not exceeding three years.
Section 11. Any warehouseman appointed under the
provisions of this act, shall have, the authority to appoint
one or more deputies, for whose acts the warehouseman
making such appointments is to be responsible.
Section 12. Whoever indorses or assigns or otherwise
disposes of a warehouseman's certificate, after his interest in
the property described in such certificate has been attached,
without disclosing the attachment thereof to the person to
whom such certificate shall be indorsed, assigned or disposed
of, shall, if he has knowledge of sucli attachment, be pun-
ished by fine not exceeding five thousand dollars, and im-
prisonment in the state prison not exceeding three years, or
by imprisonment in the common jail not exceeding one
year.
Section 13. All laws and parts of laws inconsistent here-
with, are hereby repealed. Approved April 4, 1860.
Chap
2Q'7 An Act in addition to an act concerning the Suffolk railroad
COMPANY.
Be it enacted, Sfc, as follows :
Right to run cars Section 1. Thc Suffolk Railroad Company is authorized
"ay"^ tracks' on by couscnt of the mayor and aldermen of the city of Boston,
to run their cars over each of the ferries to East Boston,
and for that purpose may lay on the ferry boats of the East
Boston and People's Ferry Companies and the drops leading
thereto, respectively, suitable tracks with the usual appur-
tenances thereto, for such rates of compensation. as may be
mutually agreed upon with each of said ferry companies ; or
boats and drops.
Compensation.
I860.— Chapters 208, 209. 167
in case of disagreement witli eitlier of said companies, as to
such rates of compensation, the same shall be fixed by said
mayor and aldermen of said city of Boston.
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
acceptance by said Suffolk Railroad Company.
Approved April 4, 1860.
An Act to revive and amend an act to incorporate the fall QJiap. 208
RIVER AND WARREN RAILROAD COMPANY.
Be it enacted^ Sf'c, as follows :
Section 1. The act approved March seventeenth, eighteen Act of i857
hundred and fifty-seven, entitled " An Act to incorporate '**^'^^ '
the Fall River and Warren Railroad Company" is hereby
revived.
Section 2. The time limited in the fifth section of said Time of locatiou
act within which the location of said railroad should be filed,
is hereby extended to the first day of May, eighteen hundred
and sixty-one ; and the time in said section limited, within construction.
which said railroad should be constructed and completed,
with at least one track, is hereby extended to the first day
of May, in the year eighteen hundred and sixty-three.
Approved April 4, 1860.
An Act concerning banks and banking. Chap. 209
Be it enacted, Sfc, as follows :
Section 1. Every bank of a capital stock of five hun- of directors.
dred thousand dollars and upwards, shall have not less than
nine directors, and no person shall be a director who is not
the owner of at least five shares in the bank.
Section 2. No bank shall make any loans or discounts to Loans to ofacera.
any manufacturing corporation whose cashier, treasurer, or
financial officer is also cashier of said bank.
Section 3. Every bank going into operation, and all nates,
banks now in Operation which shall procure new plates, shall
issue no bills except from plates specially engraved for such
bank.
Section 4. Every bank procuring new plates shall have copyright.
the design thereof copyrighted for the use and the. benefit of
the bank, and the copyright shall be secured in conformity
with the laws of the United States.
Section 5. All such plates shall be in the actual custody custody of piates.
of the bank to which they belong, and shall not be removed
except temporarily for the purpose of printing the bills of
said bank, and under the supervision of some person to be
appointed by the bank for that purpose.
168 I860.— 'Chapters 210,211.
Custody of prop- SECTION 6. WlienevGr any bank shall be hereafter en-
^Djuncuon!"^ °*^joined, either temporarily or perpetually, by the supreme
judicial court, said court may in its discretion, make suit-
able orders relative to the custody of the plates and other
valuable property of such bank.
Of general plates, SECTION 7. Evcry bank which now issues bills from any
used in common, general platc, used in common with any other bank in the
United States, shall procure new plates as provided in this
act, or withdraw from circulation the denomination of notes
printed from such general plate, within two years from the
passage hereof.
Section 8. Sections first and second of this act shall
take effect from and after October first, eighteen hundred
and sixty.
^^veai- Section 9. All acts and parts of acts inconsistent with
this act, are hereby repealed. Approved April 4, 1860.
Chap. 210 An Act concerning the supreme judicial court for the coun-
TIES OF MIDDLESEX, ESSEX, AND BRISTOL.
Be it enacted, §'c., as follows:
Yearly terms, SECTION 1. Additional jury tcrms of the suprcmc judicial
court shall be held by a single justice every year at the times
and places following : for the county of Middlesex, at Cam-
bridge, on the third Tuesday of October; for the county of
Essex, at Salem, on the first Tuesday of November ; for the
county of Bristol, at Taunton, on the third Tuesday of
April.
B^-Ttoi *w™re to SECTION 2. The jury term of the said court for the
beheld. couuty of Bi'istol, HOW required by law to be held in alter-
nate years at New Bedford and Taunton, shall be held every
year at New Bedford, on the second Tuesday of November.
Pending causes SECTION 3. All causcs pciiding in Said court, and all
processes returnable to the same in the county of Bristol,
shall be returned to, entered and have day in said court, at
the next term thereof, to be held in and for said county :
Proviso. provided, that in no cause shall a default be entered until
fourteen days after written notice has been given to a
defendant of the above change in the return term.
Eepeai. SECTION 4. All acts ill the general laws taking effect on
the first of June next, inconsistent herewith, are repealed.
Section 5. This act shall take effect from its passage.
Approved April 4, 1860.
ChciT) 211 ^^ ^^^ ^^ RELATION TO THE FLOWAGE OF THE MEADOWS ON CON-
"' CORD AND SUDBURY RIVERS.
Be it enacted, ^'c, as follows:
commis'rs tore- SECTION 1. Tlic govcmor is hereby authorized to appoint,
duC6 IcTcI 01 n ani ^^ * •
with the advice and consent of the council, three commis-
I860.— Chapter 211. 169
sioners, who shall have power and authority to take down
and remove the dam across the Concord River at North
Billerica, erected by the proprietors of the Middlesex Canal,
to a level thirty-three inches below the top of an iron bolt in
a rock marked on plan number two, annexed to the report
of the committee of the legislature of eighteen hundred and
fifty-nine, on the Sudbury meadows, at any time after the
first day of September next ; and when the same is so
removed it shall not be again rebuilt.
Section 2. Any person injured in his property by the or damages.
removal of such portion of said dam, may apply to the
county commissioners for Middlesex County to estimate his
damages occasioned thereby ; and the proceedings thereon
shall be the same as are now by law provided in the case of
damages occasioned by the laying out of highways, except
that notice of the application shall be served on the attorney-
general of the Commonwealth fourteen days at least before
the time appointed for the hearing ; and he shall thereupon
appear and answer to such application in behalf of the
Commonwealth. Either party aggrieved by the decision of
the county commissioners shall be entitled to have a Jury to
determine the matter, if applied for at the meeting at which
the decision of the commissioners is rendered, or at the next
regular meeting thereafter, but not afterwards ; and the pro-
ceedings thereon shall be the same as are now provided in
the case of highways.
Section 3. Any damages that may be recovered on such Payment for
T • 1 -ii 1 jiiii • 1 /> damages recov-
application, togetlier with legal costs, shall be paid out oi ered.
the treasury of the Commonwealth ; and the governor is
hereby authorized to draw his warrant therefor.
Section 4. The removal of such portion of said dam, suits for damages
under this act, shall operate as a bar to any suits by the
proprietors of lands flowed by said dam for any damages
sustained thereby, and may be pleaded and proved as such '
in any court.
Section 5. The commissioners appointed by the gover- Further duty of
nor shall, after said dam is taken down as provided in this
act, cause a permanent mark of the height thereof to be
made, and a plan and description of the height thereof to be
made and recorded in the registry of deeds for Middlesex
County at Cambridge and Lowell ; and the services and ex- services and ex-
penses of the commissioners shall be paid out of the treasury Si*oner°s. """^
of the Commonwealth, and the account shall be audited and
allowed in the manner now provided for by law.
Section 6. The supreme judicial court, or any justice of excessive dam-
thereof, shall have power to set aside any verdict rendered *^^^
22
commissioners.
170 I860.— Chapter 212.
under this act, upon the petition of either party thereto for
the reason that the damages are excessive, or for any legal
cause, and exceptions may be taken to the rulings in matters
of law by either party, at any trial under this act, which
exceptions shall be decided by the supreme judicial court as
in Otlier cases. Approved April 4, 1860.
Chap. 212 -^N^ Act making appropriations from the income op several
trust funds therein MENTIONED, AND FOR OTHER PURPOSES.
Be it enacted, §'c., as follows:
School fund, SECTION 1. The sums hereinafter mentioned in this sec-
tion, are appropriated and shall be allowed and paid out of
the moiety of the income of the scliool fund applicable to
educational purposes, on the warrant of the governor, for
the year one thousand eight hundred and sixty :
Normal schools. For tlic support of the four state normal schools, for the
current year, under the direction of the board of education,
the sum of fourteen thousand five hundred dollars.
Mass. Teachers' For the Massachusctts Teachers' Association, the sum of
Mndiuon."' "" three hundred dollars, on condition that said association
shall furnish a copy of the Massachusetts Teacher to each
school committee in the several cities and towns of the state,
during the year eighteen hundred and sixty, and furnish
satisfactory evidence thereof to the auditor of the Com-
monwealth.
The same. For thc Massachusctts Teachers' Association, the sum of
three hundred dollars, to be paid to the president or treasurer
of the association during the month of August, to be applied
to the purposes of said association.
Am. Institute of For tlic American Institute of Instruction, the sum of
Instruction. three hundred dollars, the same to be paid to the president
or treasurer of said institute in the month of August next.
Board of educa- For postagc, printing, advertising, stationery, meteorologi-
tion, expenses. ^^| obscrvatious, aud all other incidental expenses of the
board of education, or of the secretary thereof; also for pre-
paring and printing a hand-book for the use of school com-
mittees, teachers, and others, comprising and illustrating the
law in relation to public instruction as it will be in force on
and after the first day of June, in the year one thousand
eight hundred and sixty ; and also for any contingent
expenses of the normal schools, not otherwise herein pro-
vided for, a sum not exceeding six thousand dollars.
Secretary board For the salary of the secretary of the board of education,
of education. ^^^ thousaud dolkrs.
Ass't-iibrarian For the Salary of the assistant-librarian and clerk of the
and clerk. sccrctary of the board of education, one thousand five hun-
dred dollars.
I860.— Chapter 212. 171
To pay such sums as may be actually due and outstanding Agents of the
for the support of agents of the board of education, hereto-
fore employed, a sum not exceeding six hundred dollars.
For teachers' institutes, in accordance with the acts of the Teachers' msti-
year one thousand eight hundred and forty-six, chapter
ninety-nine, twenty-one hundred dollars.
For the support of state scholarships, in accordance with state schoiar-
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 accord- Attendants in
ance with the resolves of the year one thousand eight hundred schools.
and fifty-three, chapter sixty-two, a sum not exceeding four
thousand dollars.
For the expenses of the secretary of the board of education, secretary board
-1.,- ni ii 1-ii- of education, ex-
in accordance with the acts of the year one thousand eight penses.
hundred and forty-nine, chapter two hundred and fifteen,
section three, a sum not exceeding four hundred dollars.
For expenses of the members of the board of education. Members of the
T ... . ^ , 1 ii 1 • 1 i. board, expenses.
m accordance with the acts of the year one thousand eight
hundred and thirty-eight, chapter fifty-five, a sura not exceed-
ing 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 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-eight, one hundred and four dollars ;
chapter thirty-four, sixty dollars ; making in the aggregate
five hundred and sixty-nine dollars.
For county associations of teachers, in accordance with county associa-
the acts of the year one thousand eight hundred and forty-
eight, chapter three hundred and one, a sum not exceeding
six hundred dollars.
In aid of the Westfield and Salem normal schools, and westfieid and
for other purposes, the sum of five thousand five hundred schXis, &c™'*
dollars, the same to be paid out of the moiety of the income
of the school fund applicable to educational purposes.
Section 2. The income of the Indians' school fund shall Indians' school
be applied according to the provisions of the acts of the year Ippue^""""
one thousand eight hundred and thirty-seven, chapter eighty-
five, section seven.
172
I860.— Chapter 212.
Todd Normal
School Fund.
Rogers Book
Fund.
Charle.s River
and Warren
Bridges Fund.
Repairs.
Draw-tenders.
Horse-keeping.
Fuel and lights.
Incidentals.
Essex Bridge.
Agent.
Toll gatherers
and draw-tenders
Repairs and
maintenance.
Lights.
Tolls to be paid
into treasury.
Interest and sur-
plus of funds.
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 appro-
priated, and shall be allowed and paid out of the Charles
River and Warren Bridges Fund, for the year one thousand
eight hundred and sixty, that is to say :
For repairs on said bridges and the buildings belonging
thereto, a sum not exceeding one thousand five 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, a sum not exceeding eight
hundred dollars.
For incidental expenses, a sum not exceeding three hun-
dred dollars.
Section 6. The sums mentioned in this section are appro-
priated, and shall be allowed and paid out of the moneys
arising from the tolls collected on the Essex Bridge, for the
year one thousand eight hundred and sixty, that is to say:
For the salary of the agent of said bridge, the sum of two
hundred and fifty dollars.
For the compensation of the toll-gatherers and draw-tenders
upon said bridge, a sum not exceeding six hundred dollars.
For the repair and maintenance of said bridge, a sum not
exceeding two thousand dollars.
For gas, oil and fluid, a sum not exceeding two hundred
and fifty dollars.
For incidental expenses, a sum not exceeding fifty dollars.
And all moneys arising from the tolls on said bridge shall
be paid into the state treasury.
Section 7. In all cases for which no other provision is
made by law, the income or any surplus thereof of all funds
1860.
I860.— Chapter 213. 173
belonging to, or in the custody of the Commonwealth, shall
be added to the principal.
Section 8. This act shall take effect from its passage.
Approved April 4, 1860.
An Act making appropriations to meet certain expenditures (J/if(n 213
AUTHORIZED THE PRESENT YEAR, AND FOR OTHER PURPOSES. ^ *
Be it enacted, Sj-c, asfoUoivs:
Section 1. The suras hereinafter mentioned are appro- Appropriations,
priated, and shall be allowed and paid out of the treasury
of the Coramonwealth, from the ordinary revenue, upon the
warrants of the governor, for the purposes specified in certain
acts and resolves, for the present year, herein cited, as
follows, namely :
In the resolve, chapter eleven, in favor of Benjamin Benjamin smith.
Smith, a soldier of the revolution, one hundred and fifty
dollars.
In the resolve, chapter five, in favor of Ansel Wright, one Anseiwright.
hundred and forty-four dollars and sixteen cents.
In the resolve, chapter three, in favor of Asher Joslin, Guardian Dudley
guardian of the Dudley Indians, one hundred and twenty-
eight dollars and sixteen cents.
In the resolve, chapter six, in favor of Jonathan Day, one Jonathan Day.
hundred and twenty dollars and twelve cents.
In the resolve, chapter fourteen, respecting certain appro- Dudley, Troy and
priations for the Dudley, Troy and Marshpee Indians, a sum anT "^"^
not exceeding sixteen hundred and fifty dollars.
In the resolve, chapter ten, in aid of the Massachusetts Eye and ear in-
Charitable Eye and Ear Infirmary, the sum of two thousand ^'"^'^^^■
five hundred dollars.
In the resolve, chapter seventeen, allowing compensation f^^^^^^^^ &'c°^''^*
for clerical assistance for preparing copy, &c., for editing
the General Statutes and reporting for committees, two
thousand five hundred dollars.
In the resolve, chapter twenty-nine, in favor of Sally saiiy Burr.
Burr, the sum of fifty-two dollars.
In the resolve, chapter twenty, in favor of Martin Stiles, Martin stiies.
eighty dollars fifty-five cents.
In the resolve, chapter twenty-one, in favor of the town Town of Norton.
of Norton, the sum of two hundred and thirty dollars.
In the resolve, chapter thirty-three, in favor of the town Town of Webster.
of Webster, one hundred dollars.
In the resolve, chapter twenty-four, in favor of Rebecca Rebecca b. Davis
B. Davis, the sum of fifty dollars.
In the resolve, chapter twenty-three, in favor of Charles chariesBrigham.
Brigham, the sum of one hundred and sixty dollars and six
cents.
174
I860.— Chapter 213.
New Bedford Wo-
man's Relief and
Reform Associa-
tion.
Land for Monson
almshouse.
Agricultural ex-
hibition.
Suppression of
counterfeitina;.
West Springfield.
Wm. C. Brow^n,
register.
Town of Middle-
ton.
Charlotte E.
Myers.
Polly Crowd.
Repairs, &c.,
state house.
Augustus W.
Lothrop.
Warwick Palfrey.
John C. Willey.
Back Bay com-
missioners.
In the resolve, chapter thirty-nine, in favor of the New
Bedford Woman's Relief and Reform Association, a sura
not exceeding fifteen hundred dollars.
In the resolve, chapter twenty-seven, in relation to the
purchase of land for the state almshouse at Monson, two
hundred dollars.
In the resolve, chapter forty, in relation to a state agri-
cultural exhibition, three thousand dollars.
In the resolve, chapter twenty-six, granting aid for the
suppression of counterfeiting bank bills and coin, fifteen
hundred dollars.
In the resolve, chapter twenty-two, in favor of the town
of West Springfield, two hundred and six dollars and fifty-
two cents.
In the resolve, chapter eighteen, in favor of William 0.
Brown, Register of Probate and Insolvency for Suffolk
County, the sum of nine hundred and fifteen dollars fifty-
three cents.
In the resolve, chapter thirty-one, in favor of the town of
Middleton, one hundred and twenty-five dollars.
In the resolve, chapter thirty-eight, in favor of the guardian
of the Punkapoag tribe of Indians, for the benefit of Char-
lotte E. Myers, the sum of fifty-two dollars.
In the resolve, chapter forty-one, in favor of the guardian
of the tribe of Punkapoag Indians, for the benefit of Polly
Crowd, the sum of fifty-two dollars, the same to be in
addition to money to be paid said Polly Crowd, under a
resolve of the year eighteen hundred and fifty-three.
In the resolve, chapter thirty-two, in relation to certain
repairs and improvements upon the state house, a sum not
exceeding eight hundred dollars, the same to be in addition
to any former appropriation the present year.
In the resolve, chapter forty-nine, for repairs at the state
house, twelve hundred and eighteen dollars thirty-three
cents.
In the resolve, chapter thirty-seven, in favor of Augustus
W. Lothrop, the sum of two hundred and twenty-five dollars.
In tlie resolve, chapter twenty-eight, in favor of Warwick
Palfrey, of Lynn, the sum of two hundred and fifty-one
dollars forty-five cents.
In the resolve, chapter twenty-five, in favor of John C.
Willey, the sum of one hundred and seventy-two dollars
forty-nine cents.
For compensation of the commissioners on the Back Bay,
a sum not exceeding two thousand dollars.
ISGO.—Chapter 213. 175
For clerk hire to said commissioners, a sum not exceeding cierthire.
one thousand dollars.
For contingent expenses of said commissioners, a sum not contingent ex-
exceeding three thousand dollars ; said sums to be paid from p^"^^"'
the moiety of the proceeds, of sales already made, which
by the resolves of the year one thousand eight hundred and
fifty-seven, chapter seventy, is applicable to improvements;
and the residue of said moiety shall be subject to the provi-
sions of said chapter seventy.
For valuation blanks, a sum not exceeding seven hundred valuation blanks
dollars.
For expenses of repairs and alterations at Rainsford Island Rainsford island
hospital, the current year, a sum not exceeding five hundred ''°^p*'^^-
dollars.
For printing and binding the General Statutes, as autho- Printing, &c.,
rized by law, a sum not exceeding six thousand five hundred General statutes.
dollars.
For the salaries of the justices of police courts, eighteen justices pouce
thousand and twenty-five dollars. ''°'^'"'^'
For tlie salaries of the clerks of police courts, exclusive of cierks of poUce
clerks elected under chapter one hundred and sixteen,
section four, of the General Statutes, eight thousand four
hundred dollars.
•In the resolve, chapter forty-four, in favor of Wright wright stratton.
Stratton, the sum of thirty dollars thirty-four cents.
For expenses of preparing statistics, exhibiting tlie progress state statistics.
of the Commonwealth, under chapter thirteen of the resolves
of the present year, a sum not exceeding two thousand five
hundred dollars.
For bounties to agricultural societies, in addition to Agricultural so-
former appropriations, a sum not .exceeding eighteen <='«t»es.
hundred dollars.
In the resolve, chapter thirty-five, providing for certain Essex Bridge,
expenses relating to Essex Bridge, to enable the agent to
extend a pier, a sum not exceeding twenty-five hundred
dollars.
In the resolve, chapter sixty-one, in favor of the Massa- school for idiots.
chusetts School for Idiotic and Feeble-Minded Youth, a sum
not exceeding twenty-five hundred dollars ; the same to be
in addition to any former appropriation the current year.
For fees of witnesses before committees, a sum not exceed- Fees of witnesses.
ing five hundred dollars, to be in addition to a former appro-
priation of the current year.
For clerical assistance to committees authorized to send cierks of com-
for persons and papers, a sum not exceeding three hundred '^'
dollars ; and the auditor is hereby authorized to audit bills
176
I860.— Chapter 213.
Washingtonian
Home.
Increase N.
Emerton.
State prison.
Wesleyan Acad-
emy.
Thayer and War-
ren.
Arad Denison.
Martin Wheelock
Register of insol-
vency, Dukes Co.
Town of Windsor.
Town of Acush-
net.
Publication Gen-
eral Statutes.
Cha's Mattoon .
County treas-
urers.
Valuation com-
mittee.
Engineer for ship
canal, Barnstable
and Buzzard's
Bay.
for such assistance, the same having been approved by the
chairmen of such committees, or other member authorized
by the committee to certify such accounts.
In the resolve, chapter fifty-eight, in favor of the Wash-
ingtonian Home, a sum not' exceeding three thousand
dollars.
In the resolve, chapter fifty-one, in favor of Increase N.
Emerton, fifty dollars.
In the resolve, chapter forty-nine, in relation to the state
prison, for repairs occasioned by the fire, the sum of one
thousand and eighteen dollars thirty-three cents ; for new
steam-boilers, one thousand nine hundred and sixteen dollars
eighty-six cents ; for apparatus to manufacture gas, two
thousand five hundred dollars ; for painting and incidental
repairs, one thousand dollars ; for the library, two hundred
dollars.
In resolve, chapter forty-five, in favor of Wesleyan
Academy, the sum of twenty-two thousand dollars.
In the resolve chapter fifty-nine, on the petition of Thayer
and Warren, tbe sum of one hundred and ninety dollars.
In the resolve, chapter fifty-six, in favor of Arad Denison,
the sum of fifty dollars.
In the resolve, chapter sixty, in favor of Martin Wheelock,
the sum of twenty dollars.
For the salary of the register of insolvency of the county
of Dukes County, the sum of seventy-five dollars, in addition
to any former appropriation tlie current year.
For furnishing the town of Windsor with a set of standard
weights, measures and balances, the sum of one hundred
and fifty dollars.
In the resolve, chapter sixty-tliree, in favor of the town of
Acuslmet, the sum of two hundred and fifty dollars.
In the resolve, chapter sixty-two, to pay for superintend-
ing tbe publication of the General Statutes, the sum of three
thousand eight hundred and fifty dollars.
In the resolve, chapter fifty-four, in favor of Charles
Mattoon, the sum of two hundred and seventy-five dollars.
In the resolve, chapter fifty-two, in favor of certain county
treasurers, the sum of seven hundred and forty dollars.
For the compensation of the valuation committee appointed
to sit during the recess, thirteen thousand dollars ; for con-
tingent and incidental expenses of said committee, a sum
not exceeding three thousand five hundred dollars.
For compensation and expenses, including payment of
services of engineer and all other assistants of the committee
appointed under the resolve concerning a ship canal to
I860.— Chapter 213. 177
connect Barnstable Bay and Buzzard's Bay, a sum not
exceeding two thousand five hundred dollars.
In the resolve in relation to the nautical branch of the Nautical branch
state reform school, five thousand dollars. reform school.
In the resolve in favor of Barnard C. Marchant, thirty- Barnard c. Mar-
1 11 7 J chant.
seven dollars.
In the resolve, chapter forty-three, in favor of the Herring Herring Pond
Pond Indians, three hundred dollars.
In the resolve, chapter thirty, in favor of Timothy P. '^^°^^^ ^■
Wright, seventy-five dollars thirteen cents.
For binding annual railroad reports, agreeably to provisions Railroad reports,
of chapter two hundred and sixty-two of the acts of eighteen
hundred and fifty-nine, two hundred dollars.
To reimburse the several counties two-thirds of the costs counties, for
of criminal prosecutions taxed prior to the tliirtieth day of
June next, inclusive, after deducting the fines, forfeitures
and costs accruing in such counties, prior to said day,
inclusive, according to existing laws, a sum not exceeding
one hundred thousand dollars ; which sum, or so much
thereof as may be necessary, may be paid from the treasury
of the Commonwealth, subsequent to said date, any thing
in the " Act to define the costs of criminal prosecutions,"
passed at the present session, to the contrary notwith-
standing.
For furnishing the new house of the state industrial school industrial school
for girls, a sum not exceeding one thousand dollars.
In the resolve, chapter fifty-three, in favor of the state Northampton
lunatic hospital at Northampton, the sum of five thousand "°^''*^ ospita.
eight hundred dollars.
The sum appropriated for the transportation of state Transportation
paupers from the several hospitals and almshouses, may also fcc.*^ paupers,
be expended by the board of alien commissioners, agreeably
to the provisions of chapter eighty-three of the acts of the
present year.
All bonds and mortgages held by the Commonwealth, as stamps for bonds
investments of the several sinking funds, shall be stamped ^" mortgages.
on the face of each bond and mortgage as " the property of
the Commonwealth," and with the title of the fund the
same is held for. The treasurer and receiver-general shall
procure, as soon as may be, a suitable stamp for each fund,
and cause all such bonds and mortgages to be distinctly so
stamped.
Section 2. This act shall take effect from and after its
passage. Approved April 4, 1860.
23
RESOLVES,
GENERAL AND SPECIAL
Resolve ON THE petttiox of laura d. winthrop, for leave to Qfiffj) j.
SELL real estate. ^ *
Resolved, For reasons set forth in said petition, that Estate described.
Laura D. Winthrop, wife of Robert C. Winthrop, of Boston,
in the county of Suffolk, Esquire, be, and hereby is, autlior-
ized to sell at public auction or private sale, as may seem to
her expedient, the premises described in said petition, being
situate in said Boston, bounded as follows, viz.: South-east-
erly on Harrison Avenue, there measuring about ninety-five
feet ; north-easterly on Dedham Street, fifty feet ; north-
westerly on land of persons unknown, ninety feet ; and south-
westerly on Hamburg Street, fifty-nine feet, or however
otherwise bounded ; and to execute and deliver to the pur- Deed.
chaser a deed thereof in fee simple, and to invest the proceeds Proceeds.
of such sale in other real estate, or in personal securities, to
be held by the said Laura D. Winthrop, upon the trusts and Trusts.
for the uses and purposes set forth in the will of Arnold F.
Welles, late of said Boston, Esquire, deceased: provided, Proviso.
that said Laura D. Winthrop shall first give a bond to the
judge of probate and insolvency for the county of Suffolk,
with surety or sureties satisfactory to him, conditioned faith-
fully to hold, apply and dispose of the net proceeds of such
sale, and to act in making said sale, according to law and
the provisions of the will above mentioned.
Approved February 3, 1860.
Resolve on the petition of the trustees of the boston street Qfia/n. 2.
METHODIST EPISCOPAL SOCIETY, IN LYNX. ^'
Resolved, For reasons set forth in said petition, that the Mortgage of prop-
trustees of the Boston Street Methodist Episcopal Society, "^*" °"'"' '
in Lynn, in the county of Essex, be, and they are hereby
authorized and empowered to mortgage, in such way and
manner as they shall deem proper, the lot of land with the
180 I860.— Chapters 3, 4, 5, 6.
meeting-house thereon standing, in Boston Street, in said
Lynn, belonging to said society, or to trustees for their benefit.
Purpose. for the purpose of raising money to pay debts which have
been or shall be contracted by said society in altering, repair-
ing and enlarging their said meeting-house, and to pay any
Amount. othcr dcbts which have been or shall be incurred by them ;
said mortgage to be for a sum not exceeding four thousand
dollars ; and the same shall be a good and valid conveyance
in mortgage of said estate, discharged from all trusts declared
and contained in the deeds under which they hold said land.
Approved February 8, 1860.
Chap.
Resolve in favor of asher joslin, guardian of the Dudley
INDIANS.
Allowance for ex- Resolocd^ That thcrc be allowed and paid from the treas-
orDudiey^indu iH'y of the Commouwealth, to Asher Joslin, guardian of the
*°^- Dudley Indians in the town of Webster, the sum of one
hundred and twenty-eight dollars and sixteen cents, for
expenses incurred by him and money expended for the sup-
port of said Indians, as set forth in his petition of January
eleventh, in the year eighteen hundred and sixty.
Approved February 20, 1860.
Chap. 4.
for five months
Resolve fixing the salary of the sergeant-at-arms from the
first day of JANUARY, IN THE YEAR EIGHTEEN HUNDRED AND
SIXTY, TO THE FIRST DAY OF JUNE, IN THE SAME YEAR.
Amount of salary Resolvcd, That tlicrc bc allowcd and paid out of the
treasury of the Commonwealth, to the sergeant-at-arms, the
sum of eight hundred and thirty-three dollars and thirty-
three cents ; the same to be in full for his salary from the
first day of January, in the year eighteen hundred and sixty,
to the first day of June in the same year.
Approved February 20, 1860.
Chap. 5. Resolve in favor of ansel wright.
Allowance for ex- Resolvecl, That thcrc be allowed and paid from the treas-
arui'ng from exe- ury of tlic ComuiOMwealth the sum of one hundred and
cu^ion of liquor forty-four dollars and sixteen cents, to Ansel Wright, for
indemnification for costs and expenses incurred in defence
of a suit against him as an officer executing the law of eighteen
hundred and fifty-five, entitled " An Act concerning the Man-
ufacture and Sale of Spirituous and Intoxicating Liquors."
Approved February 24, 1860.
Chan 6 Resolve in favor of .Jonathan day.
For defence of Resolved, That there be allowed and paid from the treas-
B"it- ury of the Commonwealth the sum of one hundred and
I860.— Chapters 7, 8. . 181
twenty dollars and twelve cents, to Jonathan Day, of Wor-
cester, for expenses and costs incurred in defence of a suit
against him as an officer executing the law of eighteen hun-
dred and fifty-five, entitled " An Act concerning the Manu-
facture and Sale of Spirituous and Intoxicating Liquors."
Approved February 24, 1860.
Resolve on the petition of christ church, in quincy. Chan 7
Resolved, That Levi White and A. F. Pollock, wardens Authority to seii
of the parish of Christ Church, in Quincy, in the county of reai estate.
Norfolk, and their successors in office, be, and are hereby
authorized to sell either at public or private sale, and to
make, execute, acknowledge and deliver a deed or deeds to
convey the whole or any part of the real estate belonging to
said parish, and commonly known as the Glebe, situated on
Elm Street, so called, in Quincy aforesaid, and containing
six acres, more or less, being the same premises conveyed by
Thomas AUeyne to William Vesey and Oliver Gay, wardens
of said church, their successors and assigns, forever, by deed
dated April second, in the year seventeen hundred and sixty-
five, recorded with Suffolk Deeds, lib. one hundred and four,
fol. one hundred and thirty-eight, so that the grantee or
grantees hold the said premises free and discharged from any
and all trusts relating to the same : provided, that the pro- Proviso,
ceeds of the sale of said property shall be hold and invested
by said wardens or their successors, in a new edifice, to be
built for the worship of God, after the forms of the Protest-
ant Episcopal Church, or in such other manner, for the sole
benefit of the aforesaid parish, as shall be deemed expedient
by the wardens and vestry of said parish.
Approved February 24, 1860.
Resolve on petition of henry p. sturgis, guardian. Chan. 8.
Resolved, That Henry P. Sturgis, of Boston, as he is the Authority to
guardian of Carlota Elizabeth Moore, a minor, be and he is '^'""^ '^"-^ ^''*'^-
hereby authorized and empowered to sign, seal, acknowledge
and deliver a good and sufficient deed to Trenor W. Parks,
of San Francisco, in the county of San Francisco and state
of California, of a certain lot of land with the buildings
thereon, in said Boston, bounded south-easterly by Washing-
ton Street, twenty-one feet and five and one-half inches ;
south-westerly by house and land late of Thomas J. Lobdell,
seventy-seven feet five inches ; westerly by land now or late
of Hiram Curtis, eighteen feet five inches; northerly by land
now or late of Jonathan French, thirteen feet six inches, and
north-westerly by same, seventy feet; being the same premises
182 . I860.— Chapters 9, 10, 11.
which were conveyed to the late Josiah Moore, deceased, by-
Thomas J. Lobdell ; and the said deed thus to be given shall
be valid and effectual to convey all the right, title and inter-
est in and to the said premises, which the said Carlota Eliza-
Former ^ deed bcth Moorc uow has ; thereby confirming and making valid
a certain deed of the said premises, which was given by
Russell Sturgis, as the attorney of said Josiali Moore, to
John J. Loring, dated January eighteenth, eighteen hundred
and forty-eight, and which is recorded with Suffolk Deeds,
lib. five hundred and eighty-seven, fol. seventy-five, and so
that the premises shall be free and discharged from all claims
thereto by said minor. Approved February 24, 1860.
confirmed.
Chap. 9.
Resolve in relation to certain military accounts of the year
one thousand eight hundred and fifty-nine.
Allowance of cer- Resolvecl, That the adjutant-gcncral and the auditor are
tain ciaims^_for hereby authorized and empowered to approve, certify, and
allow the several claims of the city of Salem and the towns
of Beverly, Northampton, Belchertown and Milford, for rent
of armories furnished for the use of the volunteer militia,
during the year last past, and the claims of the towns of
Military bounties Bcverly, Northampton and Plymouth, for military bounties,
and also the claims of the adjutants of the third battalion
of riflemen and the third battalion of infantry ; also the
counts, &c. postage accounts of Majors E. B. Stodard and Edward Lamb,
any thing in the third section of the two hundred and twenty-
sixth chapter of the acts of the year one thousand eight hun-
dred and fifty-nine to the contrary notwithstanding.
Approved February 24, 1860.
Chap. 10.
Resolve in favor of the Massachusetts charitable eye and
i;ar infirmary.
Allowance for Resolved, That the sum of twenty-five hundi-ed dollars
posls*''*''^ ^""^ be and the same is hereby allowed from the treasury of the
Commonwealth, to the Massachusetts Charitable Eye and
Ear Infirmary, to be expended during the current year,
under the direction of the trustees, for the charitable pur-
ProTiso. poses of said infirmary : provided, however, that the said
trustees report to the legislature during the month of Jan-
uary next, a detailed account of the manner in which this
appropriation has been expended. Approved February 24:, 18Q0.
Chan. 11. Rksolve in favor of benjamin smith, a revolutionary pen-
SIONER.
Semi-annual pay- Resolvcd, That thcrc bc allowcd and paid from the treas-
men a we . ^^^ ^^ ^j^^ Commou Wealth, to Benjamin Smith, a soldier of
I860.— Chapters 12, 13, 14. 183
the revolution, semi-annual payments of seventy-five dollars
each ; the first payment shall be due and payable on the first
day of May, one thousand eight hundred and sixty, and
once every recurring sixth month thereafter ; but, if during
the intervals of such payments said Smith should decease,
then this resolve shall have no further effect, and no further
payments shall be made thereunder.
Approved February 24, 1860.
ChapA2.
Resolve upon the petition of charles j. barry and others,
for confirmation of title to real estate.
Resolved, For the reasons in said petition set forth, that saie of estate
the sale and conveyance made on the thirty-first day of """^ "^""^ '
October, now last past, by the said Charles J. Barry and
John S. Barry, executors of the last will and testament of
Esther Barry, late of Boston, in the county of Suffolk, to
James M. Jacobs, and by the said Jacobs, on the same day, to
the said John S. Barry, of certain real estate and premises in
said Boston, on the easterly side of North Russell Street, and
particularly described in tiie deeds thereof, which are dated
and recorded with Suffolk Deeds, October thirty-first, in the
year eighteen hundred and fifty-nine, and to which reference
is hereby made, be and hereby are ratified, confirmed and
established ; and the title now held under said deeds be, and Title.
it hereby is made and declared to be valid and effectual to
all intents and purposes ; and that John Goldsbury, of said
Boston, Esquire, be, and hereby is, authorized and empowered
to make, execute and deliver to said John S. Barry, a con- Deed,
firmatory deed of the said real estate and premises, and to
convey, confirm and assure to him, the said John S. Barry,
his heirs and assigns, forever, the same estate intended to
have been granted by said deeds. Apjyroved February 2^,l'6Q0.
Resolve to authorize the preparation of statistics exhibit- rij,^^ i q
ING the progress OF THE COMMONWEALTH. K^IKip. 1 O.
Resolved, That the secretary of the Commonwealth be Abstract of na-
authorized to prepare an abstract of the returns of the "°°ai census.
national census to be made the present year, in printed
form, similar to the Abstract of the Census of the Common-
wealth taken in the year one thousand eight hundred and
fifty-five. Approved March 1, 1860.
Resolve respecting certain appropriations for the dudley, /^^^, i a
TROY AND MARSHPEE INDIANS. ^nup. 1 4r.
Resolved, That there be allowed and paid to the guardians
of the several Indian tribes, for the support of said Indians,
184
I860.— Chapter 15.
Dadley.
Troy.
Marshpee.
and for the salaries of said agents, for the year ending the
thirty-first day of December, in the present year, to be paid
from the appropriation of the present year for Indians, the
following sums, that is to say : to the guardian of the Dudley
Indians, for their support, a sum not exceeding seven hun-
dred and fifty dollars, and for the salary of the guardian,
one hundred dollars; to the guardian of the Troy Indians,
for their support, a sum not exceeding five hundred dollars,
and for the salary of said guardian, the sum of one hundred
dollars ; to the treasurer of the Marshpee Indians, for the
support of certain paupers, a sum not exceeding two hundred
dollars. Approved March 5, 1860.
Chaj). 15.
Preamble.
Special register
to be appointed.
Powers and
duties.
Resolve concerning the registry of deeds in the county of
SUFFOLK.
Whereas, It appears by the petition of the aldermen of
the city of Boston, charged with the care and superintend-
ence of the county affairs for the county of Suffolk, that in
consequence of the ill health and physical incapacity of
Henry Alline, Esq., register of deeds for said county, for
some time past to perform the full duties of his office, in
consequence whereof a large' number of deeds, left at the
registry for record, were briefly entered at the date of their
receipt, on a book or table kept for that purpose, and after-
wards entered and copied at large in the folio volumes appro-
priated for the record thereof by the proper clerks employed
by said register ; and whereas it appears that the greater
part, if not all such original deeds — it having been first cer-
tified thereon by the register that they have been duly
examined and recorded — liad been returned thus certified
to the persons, respectively, by whom they had been left for
record, — whereas the copies of said deeds so entered as
records, have not been severally attested by the register as
true copies, under his own signature; and whereas it further
appears that there is reason to fear that the standing register,
from continued ill health and increasing infirmities, will not
be able to authenticate the copies so entered in said volumes
by his own signature ; for remedy whereof —
Resolved, That the aldermen of the city of Boston be,
and they are hereby authorized and empowered to appoint
some suitable person, at the expense of the present register,
or at the expense of the county of Suffolk, to be paid for as
other county expenses of said county are paid, who may be
denominated " Special Register of Deeds for the County of
Suffolk." He shall be and hereby is authorized and empow-
ered, if he shall be satisfied by a general certifiicate in each
I860.— Chapters 16, 17. 185
volume, or by the rules and usages of the office, or from
information derived from the standing register or the officers
and clerks employed by him, or other satisfactory sources,
that the copies so entered in said volumes have been truly
copied from the original deeds, and examined in the usual
manner by the proper clerks and officers, before the originals
were returned to the persons by whom they were left for
record, to attest the copies thus entered as true copies,
dating liis attestation, and annexing to his signature the
title, " Special Register." In like manner it shall be within
his power and his duty to compare and attest all copies of
deeds so entered in the books, in the cases where the originals
still remain in the office.
And in case the person thus appointed shall die or resign, substitutes in
or otherwise fail to finish and complete such unattested '^^^'^ ° vacancy.
copies in such books of record, the mayor and aldermen
may appoint a substitute or substitutes, until the said attes-
tations are completed. And all records so attested shall be
deemed equally well authenticated, and shall have the same
force and effect in law, in all cases, as if such copies in the
books of records had been severally attested under the
proper signature of the standing register, at the time when
the same were respectively entered. Such special register Term of office.
or substitute shall hold his office for a term not exceeding
three months from the date of his appointment.
Approved March 9, 1860.
Resolve TO CHANGE the name of the third religious society Qhri't) lA
OF NEWBURYPORT. ^ '
Resolved, That the " Third Religious Society of Newbury-
port" shall hereafter be designated and known as the North
Congregational Society in Newburyport.
Approved March 9, 1860.
Resolve allowing compensation for certain clerical Chap. 17.
ASSISTANCE. -^'
Resolved, That there be allowed and paid out of the treas- Assistant cierks
ury of the Commonwealth the expense for clerical assistance erli^ stafutes—
by persons employed under the direction of the editors of committees, &c.
the General Statutes, in the preparation of copy, and other
similar services, and also for authorized expenses of report-
ing and for clerical assistance for committees, a sum not
exceeding two thousand five hundred dollars.
Approved March 9, 1860.
24
186
I860.— Chapters 18, 19, 20, 21, 22.
Chat). 18. Resolve on petition of william c. brown, register of probate
•* ' ' AND INSOLVENCY FOR SUFFOLK COUNTY.
SaXegrsteJ -Resoltwd, FoF reasons set forth in said petition, tliat there
be allowed and paid from the treasury of the Commonwealth
to William C. Brown, of Chelsea, in the county of Suffolk,
register of probate and insolvency for said county, the sum
of nine hundred and fifteen dollars and fifty-three cents, to
reimburse him for the amount paid James L. Crombie as
assistant register of probate and insolvency for said county.
Approved March 9, 1860.
Chap. 19. Resolve authorizing the treasurer to borrow money in
ANTICIPATION OF THE REVENUE.
Bankioaus. Rcsolvcd, That thc treasurer be and he hereby is author-
ized to require of the several banks of this Commonwealth,
a loan of such sum or sums of money as may from time to
time be necessary for the payment of the ordinary demands
upon the treasury within the current year ; or he may bor-
row in like manner of the commissioners of the several
sinking funds, such moneys as said commissioners may have
on hand uninvested ; and said commissioners are hereby
authorized to loan the same to the treasurer aforesaid, under
the terms of this resolve ; and he shall repay any sum which
he may borrow, as soon as money sufficient for the purpose
shall be received into the treasury: provided, that the whole
amount of the temporary loan authoiized by this resolve and
previous resolves, shall not at any time exceed five hundred
thousand dollars. Approved March 13, 1860,
Sinking funds.
Proviso.
Chap. 20.
Allowance for ar-
rest of a fugitive
from justice.
Chap. 21.
Allowance for
support of state
paupers.
Chap. 22.
Allowance for ex-
pense of suit.
Resolve in favor of martin stiles.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, the sum of eighty dollars
and fitty-five cents, to Martin Stiles, as remuneration for
expense incurred by him in pursuing and securing the arrest
of a fugitive from justice. Approved March 13, 1860.
Resolve in favor op the town of norton.
Resolved, That there be allowed and paid out of the treas-
ury of the Commonwealth, to the town of Norton, the sum
of two hundred and thirty dollars, as remuneration for
expenses incurred by said town in the support of Charles H.
Johnson and his family, state paupers.
Approved March 13, 1860.
Resolve in favor of the town of west Springfield.
Resolved, That there be allowed and paid from the treas-
ury of the Commonwealth, the sum of two hundi-ed and six
ludians.
I860.— Chapters 23, 24, 25, 26. 187
dollars and fifty-two cents, to the town of West Springfield,
as remuneration for expense incurred in the defence of a
second action against said town, brought in favor of the
treasurer of the state lunatic hospital at Worcester, for the
support of a state pauper. Approved March 13, 1860.
Resolve in favor of charles brigham. CIwj). 23.
Resolved, That there be allowed and paid from the treas- uassanamisco
ury of the Commonwealth, to Charles Brigham, of Grafton,
trustee of the Hassanamisco tribe of Indians, in addition to
what he has already at different times received, the sum of Allowance for
one hundred and sixty dollars and six cents, as compensa- buJsement's*^ ^'^'
tion for casli paid out and services rendered, during a term
of twenty-one years. Approved March 13, 1860.
Resolve in favor of rebecca b. davis. Chap. 24.
Resolved, That there be allowed and paid out of the Allowance to
/»i/^ 11,1 !• r»ii"r> guardian of
treasury or the Commonwealth, to the guardian oi the run- punuapog la-
kapog Indians, the sum of fifty dollars ; the same to be '^""'^■
expended for the relief of Rebecca B. Davis, a member of
the tribe, the same to be in addition to the sums already
appropriated. Approved March 13, 18G0.
Resolve in favor of john c. willey. Chan. 25.
Resolved, That there be allowed and paid from the treas- Allowance for
ury of the Commonwealth, the sum of one hundred and g~ion°arL°
seventy-two dollars and forty-nine cents to John C. Willey, jng from uquor
to reimburse the amount of an execution against him obtained
in a suit against said John C. Willey, as an officer, executing
the " liquor law," of eighteen hundred and fifty-five.
Approved March 17, 1860.
Resolve granting aid for the suppression of counterfeiting Chap. 26.
BANK bills and COIN.
Resolved, That there be allowed and paid out of the treas- Payable to asso-
ury of the Commonwealth, to the association of banks for the
suppression of counterfeiting in this Commonwealth, a sum
not exceeding one thousand five hundred dollars, for the
purpose of tlie prevention and detection of the crime of
making or tendering in payment as true, counterfeit bank
bills, or counterfeit gold and silver coin : provided, that no proviso.
sums be paid under or by authority of this resolve, which
shall exceed one-third of the amounts which said association
shall certify and prove to the governor shall have been raised
and judiciously expended, by said association for the pur-
poses aforesaid. Approved March 17, 1860.
188 I860.— Chapters 27, 28, 29, 30, 31, 32.
Chan 27 K.ESOLVE in relation to the purchase of land for the state
■I * ' almshouse at monson.
Purchase of land Resolved, That there be allowed and paid out of the treas-
at Monson. ^j^.^^ ^^i^ ^^^^ ^f ^^^ hundred dollars, to be expended in the
purchase of a piece of land for the use of the state almshouse
at Monson. Approved March 17, 1860.
ChttJ). 28. Resolve in favor of Warwick palfrey.
Reimbursement Resolved, That thcrc bc allowed and paid to Warwick
Mquor ^suiT. °^ * Palfrcj, of Ljuu, from the treasury of the Commonwealth,
the sum of two hundred and fifty-one dollars and forty-five
cents, to reimburse him for costs incurred in defence of a
suit brouglit against said Palfrey, for executing, as an officer,
and as he believed, in discharge of official duty, the laws of
the Commonwealth. Approved March 17, 1860.
Chap. 29
Payable i
guardian
Resolve in favor of the guardian of the punkapog tribe of
indians, for the benefit of sally burr.
Payable to Resolved, For reasons set forth in the petition of Sally
Burr, a member of the Punkapog tribe of Indians, that there
be allowed and paid out of the treasury of the Common-
wealth, to the guardian of said tribe, the sum of fifty-two
dollars, for the benefit of the said Sally Burr.
Approved March 17, 1860.
Chdt). 30. Resolve in favor of timothy p. wright.
For defence of Resolvcd, That thcrc be allowed and paid from the treas-
a liquor suit. ^^py gf ^|jq Commonwcalth, the sum of seventy-five dollars
and thirteen cents, to Timothy P. Wright, as remuneration
for expenses incurred by him in defence of a suit, under the
liquor law of eighteen hundred and fifty-five.
Approved March 17, 1860.
Chap. 31
For support of a
Resolve in favor of the town of middleton.
Resolved, That there be allowed and paid out of the
pauper'l'^ trcasury of the Commonwealth, to the town of Middleton,
the sum of one hundred and twenty-five dollars, as remu-
neration for expense incurred by said town in the support
of James E. Blanchard, a state pauper.
Approved March 20, 1860.
Chat). 32. Resolve in relation to certain repairs and improvements
■^' ' UPON the state house.
Alterations &c., Resolved, That there be allowed and paid out of the
specified. trcasury of the Commonwealth a sum not exceeding eight
hundred dollars for the following alterations and improve-
I860.— Chapters 33, 34, 35. 189
ments in the state house, viz. : Dividing the south-east base-
ment room into two rooms ; fitting up the south-west base-
ment room, now occupied as a refreshment room, for the
use of committees ; dividing the room now used by the
council committee on pardons, into two rooms, one of said
rooms to have the entrance from the library ; and re-arrang-
ing tlie seats in tlie galleries of the house of representatives,
— to be expended under the direction of the sergeant-at-
arms. Approved March 20, 1860.
Resolve in favor of the town of webster. Chap. 33.
Resolved, That there be allowed and paid out of the For improvement
treasury of the Commonwealth, to the selectmen of the by'Duciiey^indu
town of Webster, for improvements on lands occupied by '^°^-
the Dudley Indians, the sum of one hundred dollars.
Approved March 20, 1860.
Resolve granting taxes for the several counties. Chat). 34
Resolved, That the sums placed against the names of the
several counties in the following schedule, be and hereby
are granted as a tax for each county, respectively, to be
assessed, paid, collected, and applied, according to law,
namely :
Barnstable — Fourteen thousand dollars ;
Berkshire — Twenty-six thousand dollars ;
Bristol — Seventy thousand dollars ;
Dukes County — Four thousand dollars ;
Essex — Ninety-two thousand dollars ;
Franklin — Eighteen thousand dollars ;
Hampden — Thirty-two thousand dollars ;
Hampshire — Twenty thousand dollars ;
Middlesex — One hundred and four thousand dollars ;
Norfolk — Eighty thousand dollars ;
Plymouth — Thirty thousand dollars ;
Worcester — Ninety thousand dollars.
Approved March 20, 1860.
Resolve providing for certain expenses relating to essex Chat). 35.
BRIDGE. -^ '
Resolved, That there be allowed and paid out of the Extension of pier.
Essex Bridge Fund, twenty-five hundred dollars, to enable
the agent to extend a pier, in accordance with an act of the
year one thousand eight hundred and fifty-nine, chapter one
hundred and twenty-two, section six. For the salary of the Agent's salary.
agent, two hundred and fifty dollars. For repairs, two Repairs.
thousand dollars. For the compensation of toll-gatherers Tou-gatherers
190
1860.~Chapter 36.
Valuation com
mittee.
Duties specified.
Draw-tenders, and draw-tendcrs, six hundred dollars. For gas, oil, and
Lights. fluid, two hundred and fifty dollars. For incidental
Incidental. Bxpenscs, fifty dollars.
The above appropriation shall be for the year one thou-
sand eight hundred and sixty. Approved March 20, 1860.
Chap. 36. Resolves in relation to the valuation op the property of
THIS COMMONWEALTH.
Resolved., That a committee of this legislature be appointed
to make a new valuation of the property of this Common-
wealth, to consist of thirteen members of the senate, and
twenty-seven members of the house of representatives, to
be selected as follows, viz. : From the county of Suffolk,
three ; from each of the counties of Essex, Middlesex, and
Worcester, four ; from each of the counties of Norfolk,
Bristol, and Plymouth, two ; from each of the counties of
Hampshire, Hampden, Franklin, Berkshire, and Barnstable,
one ; and from Nantucket and Dukes county, one ; and the
president of the senate and speaker of the house of repre-
sentatives.
Resolved, That said comniittee shall meet in the senate
chamber, in the recess of the general court, at such time as
they may previously appoint, in order to receive the returns
of the assessors of the polls and estates of the several towns
which may be made, agreeably to the requirements of an
act of the present session, entitled " An Act to ascertain the
ratable estate within this Commonwealth ; " and they shall
examine and equalize the same, according to their best
judgment and discretion ; and they shall estimate the polls
therein contained, of twenty years old and upwards, at the
rate of half a mill each on the one thousand dollars of tax ;
and shall estimate all the estate therein contained at its true
Deficient returns, and just valuc. And if any assessors shall neglect to make
returns conformably to said act, said committee shall ascer-
tain the polls and estates, and shall thereupon proceed to
estimate and equalize the same as aforesaid, and shall make
an addition thereto of twenty-five per centum on the amount
thereof; and they shall take such measures as they may
deem proper, to correct any informal, imperfect or erroneous
returns.
Resolved., That said committee have power to fill any '
vacancy which may exist in their body, at the time of and
during their meeting in the recess of the general court.
They shall choose a chairman, and be authorized to require
such further returns in addition to those provided by law,
from state, city and town ofiicers, as may be necessary ; tq
Correction of
returns.
Vacancies.
Organization.
I860.— Chapters 37, 38, 39, 40, 41. 191
appoint a clerk and other officers, to cause to be executed Further duties.
all such printing as they may deem to be expedient, and to
procure such stationery and other articles as shall be
required, and do such other acts and things as may be nec-
essary for the convenient despatch of their business ; and
they shall make report of their doings to the next general
court. Approved March 20, 1860.
RkSOLVE IX FAVOR OF AUGUSTUS W. LOTHROP. CJlCll). 37.
Resolved^ That there be allowed and paid out of the For defence of
treasury of the Commonwealth, to Augustus W. Lothrop, '■i"°''^"''-
the sum of two hundred and twenty-five dollars, as remu-
neration for expense incurred by said Lothrop *in defence
of an action brought against him as an officer executing tlie
law of the year eighteen hundred and fifty-five, respecting
the manufacture and sale of spirituous and intoxicating
liquors. Approved March 26, 1860.
Rf.SOLVE in FAVOR OF THE GUARDIAN OF THE PUNKAPOG TRIBE OF Qhnyj QQ
INDIANS, FOR THE BENEFIT OF CHARLOTTE E. MYERS. ^
Resolved. That for reasons set forth in the petition of Amount payable
Charlotte E. Myers, a member of the Punkapog tribe of
Indians, there be allowed and' paid out of the treasury of
the Commonwealth, to the guardian of said tribe, the sum
of fifty-two dollars, for the benefit of the said Charlotte E.
Myers. Approved March 26, 1860.
to guardian.
Chap. 39.
Resolve in aid of the new Bedford women's reform and
relief association.
Resolved., That there be allowed and paid out of the
treasury of the Commonwealth, one thousand and five hun-
dred dollars, in aid of the New Bedford Women's Reform
and Relief Association, to be used by its officers in further-
ance of the benevolent designs of that corporation.
Approved March 26, 1860.
Resolve in relation to a state agricultural exhibition.
Resolved, That there be allowed out of the treasury of Agnouuurai pre-
this Commonwealth, and paid over to the state board of m>"™s.
agriculture, the sum of three thousand dollars, to be dis-
tributed in premiums at a state exhibition to be held at
Springfield in September next. Approved March 26, 1860.
Chap. 40.
Chap.^l.
Resolve in favor of the guardian of the punkapog tribe of
indians, for the benefit of polly crowd.
Resolved, That for reasons set forth in the petition of Amount payable
Polly Crowd, a member of the Punkapog tribe of Indians, *° s'^^'^'^*''-
192
I860.— Chapters 42, 43, 44, 45.
there be allowed and paid out of the treasury of the Com-
monwealth, to the guardian of said tribe, in addition to
what he now receives, under a resolve passed in the year one
thousand eight hundred and fifty-three, the sum of fifty-two
dollars, for the benefit of the said Folly Crowd.
Approved March 26, 1860.
Chap. 42. Resolve to authorize certain repairs in the representatives'
HALL, AND TO MAKE APPROPRIATION THEREFOR.
Labor, materiaiF-, Tleso/ved, That the scrgeaut-at-arms is hereby authorized
tion. " and empowered to approve and allow the bills and accounts
for labor and materials used and employed in lowering the
platform, "and placing a bar in rear of the seats in the hall
of representatives ; and the sum of two hundred and fifty-
eight dollars and thirty-six cents is hereby appropriated
therefor. Approved March 26, 1860.
Chap. 43.
Resident mis-
sionary's house.
Chap. 4:4,
Defence of a
liquor suit.
Chap. 45.
Grant of 1859.
Resolve in favor of the herring pond Indians.
Resolved, That the sum of three hundred dollars be
allowed and paid out of the treasury of the Commonwealth
to the guardian of the Herring Pond Indians, to be by him
applied in payment of moneys taken and used to fit up a
dwelling-house for a resident missionary.
Approved March 26, 1860.
Resolve in favor of wright stratton.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, the sum of thirty dollars
and thirty-four cents, to Wright Stratton, of Northfield, as
remuneration for expense incurred in defence of a suit
brought against him as an officer executing the law oi
eighteen hundred and fifty-five, concerning the manufacture
and sale of spirituous and intoxicating liquors.
Approved March 29, 1860.
Resolves in favor of the wesleyan academy.
Resolved, That there be allowed and paid from the
treasury of the Commonwealth, on the first day of April
next, to the treasurer of the corporation of the Wesleyan
Academy, in Wilbrahara, upon the order of the corporation,
the sum of twenty-two thousand dollars, in anticipation and
upon account of the grant made to said academy by chapter
one hundred and fifty-four of the acts of the year one thou-
sand eight hundred and fifty-nine : and provided, also, that
the sum of thirty thousand dollars shall be subscribed by
individuals, as a contribution to the funds of the academy,
I860.— Chapter 45. 193
whicli subscription shall be satisfactory to the governor and
council, before the amount allowed by the first resolve shall
be paid.
Resolved, That the treasurer and receiver-general of tliis Treasurer to open
Commonwealth, shall forthwith open an account with the count'^w?fch"said
said treasurer of the corporation of the Wesleyan Academy, <'°'"P'""»"^°-
in Wilbraham ; and he shall charge said treasurer with said
advance of twenty-two thousand dollars, and shall charge
him with interest thereon semi-annually, on the first days of
October and April in each year, at the rate of five per cent.
per annum ; and whenever by the provisions of said chapter
one hundred and fifty-four of tlie acts of the year one
thousand eight hundred and fifty-nine, any portion of the
proceeds of sales of lands in the Back Bay becomes due to
the said corporation of the Wesleyan Academy, in Wilbra-
ham, the portion thus due shall be retained by the treasurer
of tlie Commonwealth, and shall be credited to the said
treasurer of the said corporation in the account aforesaid ;
and interest shall be credited on said payments, semi-
annually, on the first days of April and October in each
year, at the rate of five per cent, per annum.
Resolved, That whenever the full sum of twenty-five when said ac-
thousand dollars, granted to said academy, shall have accrued c^sed. ^'^''" ^^
from the proceeds of sales of lands in the Back Bay, in the
manner provided in said chapter one hundred and fifty-four
of the acts of the year one thousand eight hundred and fifty-
nine, and shall have been credited to the treasurer of the
corporation of said academy, in the account established
under the preceding resolve, said account shall be closed,
and the balance, if any, due said treasurer of said corpora-
tion, shall be paid over to him, on the order of the corpora-
tion ; otherwise the payment of- twenty-two thousand dollars
shall be deemed and held full satisfaction of the grant made
by said chapter one hundred and fifty-four, and of all claims
of said corporation by reason thereof.
Resolved, Tbat these resolves shall not take effect unless Acceptance of
accepted by the corporation of the Wesleyan Academy, in **»«»« ""eso'Tes.
Wilbraham, at a legal meeting thereof: provided, that if proviso.
the said principal sum of twenty-two thousand dollars, or
any part thereof, shall not have accrued from sales of lands
in the Back Bay, at the end of ten years from the passage of
these resolves, then the corporation of the Wesleyan Academy
shall be held liable to pay, without interest, the difference
between said principal sum, of twenty-two thousand dollars,
25
194 I860.— Chapters 46, 47, 48, 49.
and the amount actually realized from such sales of lands,
on demand of the treasurer of the Commonwealth.
Approved March 29, 1860.
Chap. 46.
Resolve on the petition of the American association in
LONDON.
Public docu- Resolved, That the secretary of the Commonwealth be
ments to be . • i /> • i i » • a • • • t t
furiashed said authorizcd to lumisli the American Association in London,
association.
such statutes, laws and public documents, as are furnished
to the colleges of MassacllUSetts. Approved March 29, 1860.
Chap. 47. Resolve for heating buildings at rainsford island hospital,
AND FOR other PURPOSES.
Heating and re- ResolvBcl, That thcrc bc allowcd and paid out of the
pair
Chap. 48.
treasury of the Commonwealth, for heating certain rooms at
Rainsford Island Hospital, and also for repairing the same,
a sum not exceeding twelve hundred and fifty dollars ; the
same to be paid from the appropriations for expenses of tiie
hospital the current year. Approved March 30, 1860.
Resolve in relation to the state reform school.
Chapel for [said Rcsolved, That tlic triistces of the state reform school at
school. Westborough, be and they hereby are autliorized to cause to
be rebuilt the chapel of the institution, and to apply to that
purpose any unexpended balance in their hands, of the
appropriation of eighteen thousand dollars, made by resolve
of one thousand eight hundred and fifty-nine, chapter one
hundred and twenty-eight, for rebuilding the portion of the
institution which was first erected. Approved April 2, 1860.
Chap. 49. Resolves in relation to the state prison.
For damage by Resolvcd, That thcrc be allowed and paid out of the
^"'^ treasury of the Commonwealth, to make repairs and meet
other extraordinary expenses occasioned by the fire at the
state prison in the month of December last, the sum of one
New boilers: tliousaud aud eighteen dollars thirty-three cents ; for the
introduction of new steam-boilers of an improved pattern,
the sum of one thousand nine hundred and sixteen dollars
Gas apparatus, ciglity-six ccuts ; for the introduction of apparatus to manu-
facture upon the premises the gas to be burned in the
_ prison, two thousand five hundred dollars ; for painting and
pairs. " incidental repairs, one thousand dollars ; said sums to be
expended under the direction of the warden and inspectors :
ProTiso. provided, that no charge shall be made by said warden and
inspectors for services therefor.
Painting and re-
I860.— Chapters 50, 51, 52. 195
Resolved^ That there be allowed and paid from the Prison ubrary.
treasury of the Commonwealth, the present year, the sum
of two hundred dollars, for the purpose of replenishing and
maintaining the library of the state prison ; said sum to be
expended under the direction of the warden and chaplain :
and in every year hereafter it shall be the duty of the
inspectors to apply in like manner, for the same purpose, two
hundred dollars from the appropriation which may be made
by the legislature for the current expenses of the prison.
Resolved, That the inspectors, in their next annual report, I'lans, &c., for
shall submit detailed plans and estimates for the improve-
ments proposed in the last three annual reports of the
institution, and authorized by the Resolve of the year
eighteen hundred and fifty-seven, chapter eighty -eight, in
order that a sufficient appropriation to meet the expense
thereof may be made by the next general court, if it shall
see fit. Separate plans and estimates shall be submitted for
making the improvements proposed in the existing hospital
building, and also in a new building, that the relative
expense of the two methods of obtaining the requisite
accommodations may be ascertained.
Resolved, That the unexpended balance of the appropri- unexpended bai-
ation for the current expenses of the prison in the year one
thousand eight hundred and fifty-nine, shall be applied and current expenses
used for the current expenses of the prison in the year one
thousand eight hundred and sixty, without additional appro-
priation. Approved Apjril 2, 1860.
Resolve relating to pardons. Chap. 50.
Resolved, That the governor and council be requested, Annual ust of
hereafter, in the month of January, in each year, to com- pardons.
municate to the general court a list of the pardons granted
during the year next preceding, with such detailed state-
ments as in their judgment the public good may require.
Approved April 2, 1860.
Resolve in favor of increase n. esierton. Chap. 51.
Resolved, For reasons set forth in the petition of Increase $50 to petitioner.
N. Emerton, that there be allowed and paid out of the treas-
ury of the Commonwealth, to said petitioner, the sum of
fifty dollars. Approved April 2, 1860.
Resolve in favor of certain county treasurers. Chat) 5'^
Resolved, That there be allowed and paid from the treas- Allowance for
ury of the Commonwealth, to Amos Stone, of Ciiarlestown,
treasurer of the county of Middlesex, three hundred dollars;
commissions and
fees.
196
I860.— Chapters 53, 54, 55, 56.
to Anthony Chase, treasurer of the county of Worcester,
seventy dollars ; to Allen W, Dodge, treasurer of the county
of Essex, eighty dollars ; to Lewis Merriam, treasurer of the
county of Franklin, fifty dollars ; to George J. Tucker,
treasurer of the county of Berkshire, eighty dollars ; to
Chauncey C. Churchill, treasurer of the county of Norfolk,
one hundred dollars ; to George M. Woodward, treasurer of
the county of Bristol, sixty dollars : said sums to be in full
satisfaction of all claims of said treasurers for commissions
and fees accrued prior to the first day of July last, not hith-
erto audited and allowed. Approved April 2, 1860.
Chan 53 Resolve in favor of the state lunatic hospital at north-
^' ' AMPTON.
For barn, pig- Resolved, That there be allowed and paid out of the treas-
gery and fencing. ^^^^ ^^ ^j^^ Commonwcalth, to the trustccs of tlic lunatic hos-
pital at Northampton, the sum of five thousand eight hundred
dollars, for the following purposes, namely : For the con-
struction of a barn and piggery, four thousand dollars, and
for fencing, the sum of one thousand eight hundred dollars.
Approved April 2, 1860.
Chap. 54. Resolve in favor of charles mattoon, judge of probate and
INSOLVENCY FOR FRANKLIN COUNTY.
ForserTices,&c., Resolvcd, For rcasons set forth in the petition of Charles
ID vvorct}st6r • •
county. Mattoon, that there be allowed and paid him out of the
treasury of the Commonwealth, the sum of two hundred and
seventy-five dollars, for services and travelling expenses, in
attending and acting as judge of the courts of insolvency for
the county of Worcester. Approved April 2, 1860.
Chap. 55.
Premiums, con-
ditionally.
Resolve in relation to the hampden county agricultural
SOCIETY.
Resolved, That in case a state agricultural fair is held in
the city of Springfield, during the year eighteen hundred
and sixty, by or under the direction of the state board of
agriculture, the Hampden County Agricultural Society shall
be, and is hereby, authorized to offer premiums in connec-
tion with said state fair ; and the same shall be deemed a
sufficient compliance with the law requiring the said society
to hold an exhibition on the last Thursday but one in Sep-
tember. Approved April 2, 1860.
Chap. 56.
$50 to petitioner.
Resolve in favor of arad denison.
Resolved, For reasons set set forth in the petition of Arad
Denison, that there be allowed and paid out of the treasury
of the Commonwealth, to said petitioner, the sum of fifty
dollars. Approved April 3, 1860.
I860.— Chapters 57, 58, 59, 60, 61. 197
Resolve authorizing the treasurer to furnish the town of ^t ^r^
WINDSOR with a SET OF STANDARD WEIGHTS, MEASURES AND ^'^^^P' ^ ••
BALANCES.
Resolved, That the treasurer of the Commonwealth be weights, meas-
authorized and directed to furnish to the treasurer of the town. ^'^ '
town of Windsor a complete set of the standard weights,
measures, and balances, such as the treasurer of each town
is required to keep, by the provisions of the two hundred
and forty-second chapter of the acts of the year eighteen hun-
dred and forty-seven; to be kept by said treasurer acccording
to the provisions of the three hundred and thirty-second chap-
ter of the acts of the year eighteen hundred and forty-eight.
Approved April 3, 1860.
Resolve in favor of the washingtonian home. Chap. 58.
Resolved, That there be allowed and paid out of the treas- if3,ooo.
ury of the Commonwealth, to the treasurer of the Washing-
tonian Home, to be expended by tlie directors for the
charitable purposes of the institution, in providing a refuge
for inebriates, and means for reforming them, tlie sum of
three thousand dollars. Approved April 3, 1860.
Resolve on the petition of thayer and warren. CJlCff). 59.
Resolved, For reasons set forth in the petition of Thayer $190 to petition-
and Warren, of Boston, that there be allowed and paid out "^■
of the treasury of the Commonwealth, to said petitioners, the
sum of one hundred and ninety dollars.
Approved April 3, 1860.
Resolve in favor op martin wheelock. Chan 60
Resolved, For reasons set forth in the petition of Martin $20 to petitioner
Wheelock, that there be allowed and paid out of the treasury additional.
of the Commonwealth, to said petitioner, in addition to what
he now receives, the sum of twenty dollars.
Approved April 3, 1860.
Resolve in favor of the Massachusetts school for idiotic and (JJi^^rn 61
FEEBLE-MINDED YOUTH. ^'
Resolved, That the sum allowed to the treasurer of the Allowance in-
Massachusetts School for Idiotic and Feeble-Minded Youth, ''''^'''^■
according to chapter forty-four of the resolves of the year
one thousand eight hundred and fifty-one, be increased for
the current year to the sum of seven thousand five hundred
dollars, which shall be used and applied according to the
conditions of said forty-fourth chapter : provided, that the Proviso.
said institution shall gratuitously receive and educate fifteen
198 I860.— Chapters 62, 63, 64, 65.
idiotic persons, to be designated by the governor, in addition
to the number provided for in the said forty-fourth chapter.
Approved April 3, 1860.
Chan 62 Resolve to pay for superintending the publication of the
^ ' * GENERAL STATUTES.
wm. A. Richard- ResolvecL, That there be paid out of any money in the
san'ger*^7o?1>drtl trcasury not otherwise appropriated, to William A. Richard-
ing statutes. gQj^ rjjjj Ueorgc P. Sanger,' tliirty-sevcn hundred dollars, in
full compensation for editing and superintending the publi-
cation of the General Statutes, in accordance with the
resolve passed December the twenty-eighth, in the year one
thousand eight hundred and fifty-nine ; also for incidental
expenses of the commissioners, a sum not exceeding one
hundred and fifty dollars. Approved April 4, 1860.
Chap. 63. Resolve in favor of the town of acushnet.
$225 for reports Resolvccl, That tlic sccrctary of the Commonwealth be
authorized to supply the town of Acushnet with all such
reports and documents as are furnished to every city and
town in the Commonwealth, and that the sum of two hun-
dred and twenty-five dollars be appropriated for that purpose.
Approved April 4, 1860.
Chap. &4, Resolve concerning cape cod harbor.
commisioners to Resolved, That liis excellency the governor be, and he is
examine. hereby, desired to request that the board of commissioners
appointed by the general government for the purpose of
examining Eoston^^ Harbor, be also required, during the
coming season, to make an examination of Cape Cod Har-
bor and its environs, with a view to ascertain what are the
present or prospective dangers which tend to threaten its
safety ; and also to make such suggestions or recommenda-
tions as may by them be thought necessary for its pi-eserva-
tion. Approved April 4, 1860.
Chan. 65. Resolves relating to the proposed amendments of the con-
^ ' * STITUTION.
Articles to be Rcsolvecl, That the following Articles of Amendment of
peS"''^ *° *^' the Constitution, having been agreed to by the last and
present general courts, and published in the manner required
by the constitution, be submitted to the people for their
ratification and adoption.
I860.— Chapter 65. 199
FIRST ARTICLE OF AMENDMENT.
Any vacancy in the senate shall be filled by election by vacancies in the
the people of the unrepresented district, upon the order of ^'^°^*'
a majority of senators elected.
SECOND ARTICLE OF AMENDMENT.
In case of a vacancy in the council, from a failure of 'Vacancies in the
election, or other cause, the senate and house of represen-
tatives shall-, by concurrent vote, choose some eligible person
from the people of the district wherein such vacancy occurs,
to fill that office. If such vacancy shall hap})en when the
legislature is not in session, the governor, with the advice
and consent of the council, may fill the same by appointment
of some eligible person.
Resolved, That the people shall be assembled for the Meetings of the
purpose aforesaid, in their respective cities and towns, in caiied.
meetings to be legally warned, and held on the seventh day
of May next, at which meetings all the inhabitants qualified
to vote for senators and representatives in the general court
may give in their votes, by ballot, for or against each of the
said articles of amendment ; and the same officers shall Manner of con-
preside in the said meetings as in the meetings for the choice '"^ '"s^ee mgs
of senators and representatives, and shall, in open meeting,
receive, sort, count, and declare the votes of the inhabitants
for and against the same ; and the said votes shall be Returns,
recorded by the clerks of said cities and towns, and true
returns thereof shall be made out, under the hands of the
mayors and aldermen of the several citiesj and of the select-
men or a major part of them, and of the clerks of the said
cities and towns, respectively, and sealed up and delivered
to the sheriff of the county, within three days after the said
meeting, to be by him transmitted to the office of the secre-
tary of the Commonwealth, within seven days after receiving
the same ; or the said mayors and aldermen, and selectmen,
respectively, shall themselves transmit the same to the said
office within ten days after the said meetings : provided, tha.t Proviso.
in the several cities, the meetings held under this resolve
shall be conducted according to the provisions of the acts
establishing the same, and of the several acts in addition
thereto. The said meetings shall be deemed to be legally Notice of meet?
warned or notified, if due notice thereof be given on or '°°*'
before the thirtieth day of April next previous thereto.
Resolved, That each of the said articles shall be considered ^o^^ of ^aiiot.
as a distinct amendment, to be adopted in the whole, or
rejected in the whole, as the people shall think proper. And
200 I860.— Chapter 65.
every person, qualified to vote as aforesaid, may express his
opinion on each article as designated by its appropriate
number, without specifying in his ballot the contents of the
article, and by annexing to each number the word " Yes,"
or " No," or any other words of the same import ; but the
whole shall be written or printed on one ballot, in substance
as follows, to wit : — Amendments, — article first, yes or no ;
article second, yes or no. And every article that shall
appear to be approved by a majority of the persons voting
thereon, shall be deemed and taken to be ratified and adopted
by the people.
?etumr*'°° °^ Resu/ved, That liis excellency the governor, and the
council, shall, forthwith, open and examine the votes returned
Enrolment and ^s aforcsaid '. and if it shall appear that said articles of
publication. ' f i i
amendment, or either oi tliem, have been approved by a
majority of the persons voting thereon, according to the
votes returned and certified as afoi^esaid, the same shall be
enrolled on parchment and deposited in the secretary's office,
as a part of the constitution of this Commonwealth, and
shall be published in immediate connection therewith, num-
bered according to their numerical position, with the articles
of amendment of the constitution heretofore adopted, in all
future editions of the laws of this Commonwealth, printed
by public authority.
Proclamation of Ptesolved, That his excellency the governor be, and he
hereby is, authorized and requested to issue his proclamation
forthwith, after examination of tlie votes returned as afore-
said, reciting the said articles of amendment, or either of
them, and announcing that said articles of amendment, or
either of them, have been duly adopted and ratified by the
people of this Commonwealth, and have become a part of
the constitution thereof, and requiring all magistrates and
officers, and all citizens of the said Commonwealth, to take
notice thereof, and govern themselves accordingly ; or that
the said articles of amendment, or either of them, have been
rejected, as the case may be.
Resolves to be Resu/ved, That a printed copy of thcsc rcsolvcs, including
cities and towns, the said articles of amendment, and blank forms of the
returns of votes on each of said articles, shall be transmitted,
as soon as may be, by the secretary of the Commonwealth,
to the mayors and aldermen of the several cities, and to the
selectmen of the several towns, of this Commonwealth.
Approved April 4, 1860.
I860.— Chapters 66, 67, 68, 69, 70. 201
Chap. 66.
Resolve in relation to the hoosac valley and the Worcester
south-east agricultural societies.
Resolved, That the Hoosac Yalley and the Worcester Annual fairs,
SoTith-East Agricultural Societies be, and they are hereby, *'""' °^ Voiding.
required to commence their annual fairs, respectively, the
former on the last Tuesday but one iji September, the latter
on the second Tuesday of October. Approved April 4, 1860.
Resolve in relation to the trustees of the state reform QJiap. 67.
SCHOOL. "'
Resolved, That the trustees of the state reform school be, indemnities for
and they are hereby, authorized to pay out of any funds in "^^^'^ ^
their hands, to the persons hereafter named, as indemnifica-
tion for losses sustained by said persons during the destruc-
tion of a portion of the buildings of said school by fire, not
to exceed severally the following sums, viz. : To 0. R.
Hutchinson, twenty-one dollars ; to H. A. Cobb, twenty-five
dollars ; to Melinda Palmer, forty-two dollars ; to E. 0.
Bailey, one hundred and twenty-three dollars and ninety-one
cents ; to G. 0. Lynde, forty-seven dollars and fifty cents.
Approved April 4, 1860.
Resolve IN FAVOR OF BARNARD c. marchant. Chan fiS
Resolved, That there be allowed and paid out of the Expenses of sick-
treasury of the Commonwealth the sum of thirty-seven °''^*'
dollars, to defray the expenses of the recent sickness of
William Johnson, one of the Chappequidic Indians.
Approved April 4, 1860.
Resolve in relation to painting the state house. Chat). 69
Resolved, That the outside of the State House, the Doric Painting state
Hall, Representatives' Hall, Senate Chamber, and so forth, '"'"■'®'
be painted ; and that a sum not exceeding eight thousand
dollars be appropriated to defray the expense thereof, to be
expended under the direction of the chairman of the com-
mittee on the State House, on the part of each branch, and
the sergeant-at-arms. Approved April 4, i860.
Resolve providing for the payment of expenses incurred Chap. 70.
under the provisions of the act to extirpate the disease
called pleuro-pneumonia among cattle.
Resolved. That there be allowed and paid out of the Appropriation of
treasury of the Commonwealth, and there is hereby appro-
priated, the sum of ten thousand dollars, to meet any
authorized expenses incurred by the commissioners appointed
under an act passed at the present session of the legislature,
entitled " An Act to extirpate the disease called pleuro-
26
202
I860.— Chapters 71, 72.
Release of inter-
est in real estate
to petitioner.
Bounds.
Chap,
pneumonia among cattle ;" and the governor is hereby
authorized to draw his warrant therefor.
Approved April 4, 1860.
Chap. 71. Resolve on the petition of hannah williams.
Resolved., For the reasons set forth in the petition of said
Hannah Williams, that the treasurer of the Commonwealth
be authorized, and he hereby is authorized and directed to
release to said Hannah Williams, her heirs and assigns, for
a nominal consideration, the interest of the Commonwealth
in the lot of land lying in the city of Salem and described
in her petition, being bounded south-westerly on Creek
Street, and south-easterly, north-easterly, and north-westerly
on land of Brown ; and to execute and deliver to her a deed
of the same under the seal of the Commonwealth, without
any covenant of title. Approved April 4, 1860.
72. Resolves relating to corporations and the assessment of
taxes upon the shares thereof.
Resolved, That the assessors of the several cities and
towns shall, on or before the first day of September next,
return to the secretary of the Commonwealth the number
and names of the several industrial corporations, and the
numl)er and names of the banks and insurance companies
established in their respective cities and towns, with the
amount of capital stock owned by each, reckoned at the par
value thereof. Also, the number and names of savings banks
in such cities and towns. Also, the number of shares in
industrial corporations, banks and insurance companies,
specifying the number of shares in each company which are
taxed in such cities and towns, and the value of such shares
as tliey stand upon the assessors' books. Also, the amount
of deposits in any savings bank, specifying the name thereof,
taxed in their respective cities and towns.
Resolved, That the assessors of each city and town shall,
at the same time, return to the secretary the name of any
other association or corporation organized for loaning money
and established in their respective cities and towns, with the
amount of their capital stock and deposits, if known, and
the amount for which they are taxed for the year eighteen
hiindred and sixty.
Resolved, That the secretary of the Commonwealth shall,
on or before the first day of June next, transmit to the
several cities and towns suitable blank forms, to enable the
several assessors to make the returns prescribed in the
foregoing resolves.
Valuation of
stock of indus-
trial corpora-
tions, banks,
insurance com-
panies, savings
deposits, &c.
Associations for
loaning money.
Amount taxed.
Blank forms for
assessors.
I860.— Chapters 73, 74, 75, 76, 77. 203
Resolved, That the secretary shall make a digest of the ^^^^^"^ °^ '®"
returns of the assessors made to him iu conformity with the
foregoing resolves, in convenient form for the use of the
next legislature, and cause the same to be printed on or
before the fifteenth day of October next.
Approved April 4, 1860.
Resolve in relation to the nautical branch op the state Chap. 73.
REFORM SCHOOL.
Resolved, That the commissioners appointed luider Additional sum
authority of chapter one hundred and twelve of resolves of "" ""^"^ '
eighteen hundred and fifty-nine, for the establishment of the
nautical branch of the state reform school, be authorized
to expend a sum not exceeding five thousand dollars in
addition to sums heretofore allowed.
Approved April 4, 1860.
EeSOLVE CONCERNING CAPE COD HARBOR. ChcW. 74.
Resolved, That a siim not exceeding one thousand dollars Appropriation for
shall be allowed and paid, and is hereljy appropriated to expense of sur-
meet any necessary expenses of the survey authorized under
a resolve concerning Cape Cod Harbor : to be expended
with the approval of the governor. Approved April 4, 1860.
Eesolve in addition to the resolves relative to the distribu- Chctp, 75.
TION of the new PLYMOUTH RECORDS. "
Resolved, That there be placed in the hands of the so copies allowed
trustees of the state library fifty copies of the New Plymouth ^'^^^'^ ^°^^^'
Records, for domestic and international exchange.
Approved April 4, 1860.
Resolve in favor op henry d. johnson. Chan. 76.
Resolved, That there be allowed and paid, and the same is Allowance for
hereby appropriated out of the treasury of the Common- '*"^'i°'-*««-
wealth, to Henry D. Johnson, the sum of one hundred dol-
lars, in addition to his regular compensation, as a member
of the house of representatives, to pay the expense incurred
by him in consequence of severe sickness during the present
session. Approved April 4, 1860.
Resolve en favor of david bryant. Chap. 11.
Resolved, That there be allowed and paid to David Bryant, Allowance forap-
the sum of eighty-eight dollars and thirty-three cents, in house"%oper'tyj
full of his claim for appraising the personal property at ^' Tewksbury.
Tewksbury almshouse, and that sum is hereby appropriated
for the purpose. Approved April 4, 1860.
204
I860.— Chapters 78, 79, 80, 81, 82.
Chap. 78.
Appropriation,
Chap. 79.
Allowance for
medical attend-
ance.
Resolve in relation to grading and improving the grounds
about the state house.
Resolved, That a sum not exceeding three hundred dol-
lars be appropriated and paid out of the treasury of the
Commonwealth, for the purpose of grading and improving
the grounds about the state house ; to be expended under
the direction of tlie sergeant-at-arms.
Approved April 4, 1860.
Resolve in favor of edwin mayberry.
Resolved, That there be allowed and paid out of the treas-
ury of the Commonwealth, to Edwin Mayberry, as full
compensation for medical attendance upon, and medicines
furnished to William Johnson, an Indian and state pauper,
the sum of fifty-one dollars and twenty-five cents ; and the
same is hereby appropriated for that purpose.
Approved April 4, 1860.
Resolve for the compensation of the state engineer of the
troy and greenfield railroad.
Resolved, That there be allowed and paid out of the treas-
ury of the Commonwealth, and there is hereby appropriated
for the compensation of the state engineer of the Troy and
Greenfield Railroad, the sum of one thousand dollars, for
the ensuing year. Approved April 4, 1860.
Resolve concerning the militia laws.
Resolved, That the adjutant-general of the Commonwealth
be, and he is hereby, authorized to contract with the state
printer to print two thousand copies of the General Statutes
relating to the militia, adopted by the legislature of the year
eighteen hundred and fifty-nine ; said copies to be properly
distributed among the officers of the Massachusetts Volunteer
Militia by the adjutant-general : provided, that the cost of
the same shall be only for the press-work, paper and binding
of the same, at the rates established by contract with the
state printer, and not exceeding two hundred dollars ; and
provided, further, that such cost shall be defrayed out of
funds derived from sales already made of condemned arms
and equipments by the quartermaster-general of the Com-
monwealth. Approved April 4, 1860.
Chap. 82. Resolve in relation to expenses of certain committees.
Concord and Resolved, That there be allowed and paid, and the same
owsl^'E^'clm- is hereby appropriated, a sum not exceeding one thousand
of''*forrect°ion^ dollars, to defray expenses authorized by the legislature, and
state loan to t! lucurred by tlic committce on Concord and Sudbury Mead-
Chap. 80.
Allowance of
$1,000 for the
year.
Chap. 81.
Militia laws for
distribution.
Proviso.
Further proviso.
I860.— Chapters 83, 84. 205
ows, the committee on alleged abuses at East Cambridge a^d p^;^^^:^^^^
house of correction, the committee on loan of state credit to oa finance.
the Troy and Greenfield Railroad Company, and for clerical
assistance to the committee on finance.
Approved April 4, 1860.
Resolves for the compensation of the valuation committee. QJidp^ 83.
Resolved, That there be paid out of the treasury of this Mileage and at-
Commonwealth to each member of the valuation committee, te^idance.
three dollars and fifty cents for each and every day's actual
attendance, not exceeding ninety days in all, and two dollars
for every ten miles travelled from their respective places of
abode to the place of the sitting of said committee once
during its session. Actual attendance under this resolve
shall include every day of attendance upon sessions of the
committee, Sundays, days of adjournment not exceeding
two days at any one time, and of sitting on sub-committees
during sessions of the general committee, and sickness dur-
ing the session.
Resolved, That the same compensation be made to the Messengers, &c.
messengers, door-keepers, and pages of the valuation commit-
tee, as is allowed them at a regular session of the legislature.
Approved April 4, 1860.
Resolve concerning a ship canal to connect barnstable bay Q/idp^ §4,
AND buzzard's BAY, "'
Resolved, That there be appointed a committee of two on Appointment of
the part of the senate and five on the part of the house, to committee.
sit in the recess, and examine into and consider the subject
of connecting Buzzard's Bay with Barnstable Bay, by a ship
canal or channel, for the purposes of navigation, and that Powers, duties,
said committee have full power and authority to send for *'''•
persons and papers, employ engineers, make surveys and
soundings, collect statistics, examine localities, and to do all
other things necessary to enable them to determine on the
practicability of constructing such channel or canal, the best
route therefor, the form and cost of constructing it, its value
to commerce when constructed, and the means by which it
ought to be constructed ; and that said committee report the
same with plans for its construction on the best route, esti-
mates of its costs, and all other matters necessary to form a
judgment on the same, to the next legislature. Said com- do^e ^f dutjeg.
mittee shall complete the duties herein assigned them on or
before the fifteenth day of November next, and the secretary Report, &c.
of the Commonwealth shall cause their report to be^printed
as a document of the public series, before the meeting of the
next general court. Approved April 4, i860.
I^° The Legislature of 1860 passed 213 Acts and 84: Resolves, which
received the approval of the Governor. In addition to these an Act
entitled " An Act concerning the Militia," " An Act concerning the
Supreme Judicial Court for the Counties of Essex, Middlesex and Bristol,"
" An Act for supplying the City of Charlestown with Pure Water," and a
" Resolve in favor of the Town of Florida," were " laid before the Gov-
ernor for his revlsal," and were returned by him to the branches in which
they respectively originated, with his objections thereto; being placed
upon their final passage, " notwithstanding the said objections," in the
manner provided by the Constitution, and a majority of the Senate and
two-thirds of the members of the House of Representatives, failing to
•' agree to pass the same," they were accordingly declared lost.
ACTS OF 1860 CLASSIFIED.
General Statutes, or Acts of a public character, ... 95
Special Acts, relating to individuals and corporations, . . 118 — 213
INAUGURAL ADDRESS
HIS EXCELLENCY NATHANIEL P. BANKS.
Representatives' Chamber, Jan. 6, 18G0.
At one-half past twelve d'clocJc, His Excellency the Governor^ accom-
panied by His Honor the Lieutenant- Governor, the niev^hers of the
Executive Council, and officers of the civil and military depart-
ments of the government, attended by a Joint Committee of the two
Houses, and the Sheriff of Suffolh, met the Senate and House of
Representatives, in Convention, and delivered the following
ADDRESS:
Gentlemen of the Senate and
House of Representatives :
At a period when social feelings are stimulated by the
festivities of the season, when the mind of every person
involuntarily reverts to the events of the past year, and
anticipates as far as possible the prospects of the future, we
are assembled in obedience to the constitution and laws, as
representatives of the people, to review the measures of
government, to examine critically the condition of the State,
to strengthen that which is productive of public good, and to
quahfy, remedy, or remove, that which incites individuals or
communities to actions detrimental to the Commonwealth.
There is no higher commission given to men, in secular
affairs, than this. It brings in review, and properly subjects
to our consideration all conditions of life, all elements and
agents of power, all principles of human action, all results
that flow from experience, in private or public life, and
every element of success in government, from the direction
of the family to the creation of states and empires. In the
dim centuries that separate us from the period of creation,
208 GOVERNOR'S ADDRESS.
there are fewer instances of transcendent genius exhibited
in the government of men, than in any other vocation,
which claims their attention or satisfies their ambition.
The selection of agents, charged with such powers, is one
of the most responsible duties that falls to the lot of men.
It is not the trivial, conventional, inconsequential act, we
are sometimes accustomed to consider it, and more than
most other pursuits it requires in the representative, experi-
ence, education, sound judgment, invincible resolution, great
capacity for labor, unconquerable faith in truth:and in men ;
— and unselfish purposes, discrimination of character, power
to distinguish caprice from principle, and a love of country
that surpasses every thing but the love of justice and liberty
on the part of electors. It is a privilege to be invested with
such powers for such purposes, and few states furnish a
nobler theatre for their exercise, than the Commonwealth
you represent.
Entering upon the discharge of our duties for another
year, we cannot fail to recognize the protecting hand of an
all-wise Providence in the innumerable blessings which sus-
tain and surround us. It has been a year of uninterrupted
progress. The seasons have been propitious ; public peace
has been undisturbed ; public health preserved ; public and
private charities have been munificently dispensed ; a more
than average prosperity has crowned enterprise and toil in
the various industrial pursuits, and the Divine compensa-
tions which Providence has established for the happiness of
those occupying opposite estates, and fulfilling different
conditions in life, have never been more manifest to the
comprehension of men.
Tlie productive farming interest of the Commonwealth
has been rewarded with no more than ordinary success, but
the spirit of inquiry and of systematic organization has been
greatly stimulated during the year. The Act designed to
promote organization of farmers' clubs, and to enlarge the
scope of associated effort, has already produced beneficial
results.
The State Cabinet, which has natural relations to this
department of industry, has been enlarged, without public
expense, by the accession of more than three thousand
specimens, illustrating the natural history of the Common-
wealth. The re-publication of the Report upon Insects
Injurious to Vegetation, will be completed during the year,
and will exhibit in its preparation and publication, as high
an order of scientific and artistic capacity as any similar
work of any country presents.
GOVERNOR'S ADDRESS. 209
The mechanical, manufacturing and commercial interests
are recovering from recent depression, and will soon exhibit,
with such aid as the general government may properly
grant, their former vigor and success.
During the year past, the important work of consolidating ^"""^
and arranging the General Statutes has been completed.
This responsible labor has encountered more or less of the
direct supervision of six legislatures. The plan and purpose
of the work must be assumed, therefore, to have received
the stamp of public approbation. The report of the com-
missioners, with the modifications of the legislature, in exe-
cution of that plan and purpose, are now invested with all
the forms of law. Some months must elapse before the
work can be presented in print, or operate as law, it having
been provided that the code shall have legal effect " from
and after the thirty-first day of May, 1860."
There are weighty and popular objections to enterprises
like the revision of an entire code of laws — such as the
doubt thrown upon their intention and meaning, and the
uncertainty, delay and expense consequent upon the neces-
sity of re-examination and renewed judicial interpretation.
But this objection is constantly diminishing until in the
progress of the work it disappears altogether.
The necessity of occasional revision, growing out of the
accumulation of statutes, in volumes so numerous as to
place them beyond the reach of the people, is equally imper-
ative, and this is a necessity — with our customs of legisla-
tion — that is constantly increasing. It must be assumed,
therefore, that there is a point at which revision and consol-
idation are unavoidable. It is equally just to suppose that
one experiment of this character will never be repeated
until all the difficulties attending another are entirely for-
gotten. I believe that in this instance the labors of the
commission and the legislature will receive and are justly
entitled to public approval.
It offers to us, however, an opportunity to consider, — in
view of the expe^ise, delay, and uncertainty attending the
re-examination and interpretation of laws once judicially
settled, or the impossibility of fully comprehending laws
scattered through many disconnected volumes, — whether
we may not limit difficulties and dangers by restricting
legislative changes to cases of actual and pressing necessity,
or at least to those in which a positive public convenience
will manifestly outweigh the evils of immature legislation.
No greater misfortune ever occurs to a nation, and no more
dangerous lesson is ever taught than that of undue reliance
27
210 GOVERNOR'S ADDRESS.
upon statutes. Governments should be of laws, and not of
men, as our constitution most wisely declares ; but it is
equally true, that a state which seeks the preservation of
its liberties and rights must rely on men as well as laws.
Social and political institutions are the embodied traditions
and customs of long established communities, and statutes
which run counter to them, however just in a theoretical
view, fail to accomplish anticipated results, and impair the
respect which all laws may justly claim. An effective
statute is one which unites correct political principles with
the established public opinion and fireside maxims of a
community, and its legitimate object is not merely to reform
opinion, but to support, step by step, the advanced positions
gained. It never outruns, and often wisely falls far short
of public sentiment. It is less a standard to which opinion
is to be advanced, than a battery for the protection of victo-
ries already won, and this is the more expedient and safer
view, because public opinion is the more impressible, and
statutes should be the most permanent form of power. It
can hardly be doubted that if public convenience or neces-
sity alone had been consulted, the mass of statutes lately
subjected to legislative expurgation, would not have accu-
mulated ; and it is equally clear, that a close adherence to
such principles of legislation hereafter, would postpone
another revision for a hundred years. It will be a great
honor to commence so good a work, and I commend it
heartily to the consideration of the legislature. It was the
saying of an able statesman, whose words should be inscribed
in letters of gold on the walls of the senate and the house :
" Our Laws are deep, not vulgar ; not prompted by the
spur of a particular occasion for the present, but out of
Providence for the future, that the estate of the People may
be still more and more happy, after the manner of legislators
ancient and heroical times."
lu amendment to the constitution, relating to the qualifi-
cation of voters, has been consummated since the last regular
session of the legislature. During the Session of 1856, an
amendment of the constitution was approved in both houses,
by large majorities, which prohibited suffrage, in naturalized
citizens, until after a residence of twenty-one years. In
the session of 1857, those who opposed twenty-one years
proposed a term of tvjo years as a substitute, and it defeated
in both houses, first the term of fourteen, and then that of
twenty-one years. But for this, the proposition for the
longer term would have succeeded. The ostensible object
of all these measures, was to prevent fraud in elections. It
GOVERNOR'S ADDRESS. 211
was thought by those who had proposed the term of two
years, and who had defeated the amendments of fourteen
and twenty-one years, that it was proper that some proposi-
tion for the correction of conceded evils sliould be submitted
to the people, and the legislatures of 1858 and' 1859 con-
curring therein, an amendment, fixing the term of residence
at two years, was voted upon at a special election held in
May last. There were 21,119 votes in the affirmative,
15,398 in the negative. I have the honor to lay before the
legislature a record of the votes on this question, from
which it will appear, in my judgment, that some check upon
the irresponsible creation of voters on the eve of elections
was desired, without, perhaps, any positive opinion what
was required ; and that neither the naturalized citizens nor
those who in their political relations most affiliate with and
support them, thought it expedient or necessary to make
any systematic or general opposition to the adoption of this
amendment of the constitution.
It frequently occurs in government that a remedial measure
may prove inadequate or over-stringent for the accomplish-
ment of its avowed purpose. The facts connected with the
canvass of 1858, will show in which direction this measure
erred.
I have obtained from the records the names of 2,688 per-
sons who were naturalized in 1858. Of this number 2,143
were made citizens in the courts of the United States, 545
in the State courts. Of those naturalized in the courts of
the United States, 1,745 were naturalized within sixty days;
1,615 within thirty-five days of the election. More than 1,500
were made voters in two Congressional Districts, the far
greater proportion of these, beyond any question in one,
which was the only sharply contested district in the State.
Now there is no man living who will say that a thousand
new-made voters — and it is believed that the number in the
Fifth District exceeded this, who might as well have floated
into any other — should be suddenly presented at the polls
of a contested district, and thus, unknown to residents or
voters, be invested with the power to decide an election that
might control the organization of the House of Representa-
tives of the United States. It is immaterial what parties
may be benefited. It is a privilege which belongs to no
other class, and ought not to be exercised by any class of
men. Between the creation of a cordon of voters like this,
and the day of election, there ought to intervene such a
period of time as would enable citizens to know their oppo-
nents, and ascertain the numbers they are to encounter. It
212 GOVERNOR'S ADDRESS.
may be that a term of two years is unnecessary. From the
record of naturalization in 1858, it would appear that one
year, six months, ninety days, even, would be abundantly
sufficient to allow the claims of men as residents, citizens
and voters to be considered before they were announced as
victors in any political contest ; and this is all tlie protection
that Massachusetts seeks. She cares little for the opinions
of men, and less where they are born, for here at least origin
is immaterial, and opinion free.
There is, however, and should be no fractional citizenship.
When a man is once invested with the rights of a citizen,
the country which creates him is bound to protect him in
whatever position and in whatever realm he stands.
The department of education will appear from the various
reports issuing therefrom, to be in most prosperous condition.
Public inquiry into its operations has been greatly stimulated
during the year from various causes, with beneficial results.
The number of scholars in attendance has been somewhat
less than usual, but appropriations by towns and cities have
been more liberal. The Normal Schools are fully attended,
and their progress satisfactory. The beneficiaries of State
Scholarships in the several colleges have maintained, with
very few exceptions, the advanced rank required by law.
It is necessary that the State beneficiary should maintain
position in the first half of his class. Of forty-eight stu-
dents, forty-four have fulfilled this condition, and thus main-
tain more than an average rank. The operation of this
measure has been entirely satisfactory. The State is repre-
sented by young men of excellent character and qualifica-
tions, and numerous applications for appointment are made
as vacancies occur.
A statute of the last year requires that once in three years
the question of the continuance of separate school districts
shall be submitted to the people of the towns where the
system is continued. The discussion consequent upon such
action cannot but prepare the public mind for the changes
necessary to the consistent and harmonious operations of the
whole system of education established in this Commonwealth.
I am not aware that special legislation is required in this
department. I commend to the consideration of the legisla-
ture the Reports of the Board of Education and the Secretary
of the Board. They embody views and facts of vital impor-
tance to the Commonwealth and the cause of education,
I may be pardoned, while speaking of this subject, for
suggesting, that in future donations to collegiate institutions,
it would be wise, as a general rule, to make specific appro-
GOVERNOR'S ADDRESS. ^ 213
priation of the bounty of the State, to which some condition
could be affixed, in the form of scholarships, for the benefit
of deserving students. Thus, instead of adding a sum to
the general fund of an institution, to be expended in build-
ings, or in discharge of outstanding obligations, why should
not the legislature limit every donation to the endowment
of a professorship, with an equitable reservation of free
scholarships, for the benefit of the people. Thirty thousand
dollars would be a sufficient sum for such purpose, and with
an occasional appropriation to this extent, in a brief period
of years, we might establish professorships, dedicated to
every science which the necessities of society, or the genius
of our people should demand — agricultural, mechanical
and social science, the art of navigation and of war, if need
be the fine arts, music and painting, as well as the learned
professions ; and by which, when appropriate, and within
reasonable regulations, both young men and young women
might be qualified for honorable and useful pursuits. Indi-
vidual munificence I cannot doubt would come to the aid of
such endowments, and the Commonwealth, in the ranks of
its own native and adopted students, would find men of the
most eminent capacity and genius to preside over each
special department of learning.
It would not be for ourselves alone that such privileges
were established, but every State would profit by our wisely
regulated munificence, and the scholar elevated to the chair
of the professor, would in distant communities reproduce
students and professors, until the whole country should
appreciate the manifold and widely extended advantages of
our system of education. This is, however, a subject for
future consideration, rather than of present legislation. It
is scarcely to be expected that the munificent bounty of last
year could be often repeated by any Commonwealth.
The State of Massachusetts has been justly proud of her
system of free schools, and her institutions of learning. As
the pioneer of general education on the continent, she has
well-founded claims to the high reputation accorded to her.
We ought not to forget, however, that she has already
worthy contestants for the honors of supremacy. The new
States of the West have grasped with a firmer hand than
our own the educational cause.. Michigan, but tvrenty-four
years a State, not only secures to her children full and free
instruction in the elementary branches, but completes, free
of charge, the collegiate studies of young men from what-
ever part of the country they come, and opens to them upon
the same liberal terms the highest courses of study in the
214 GOVERNOR'S ADDRESS.
philosophy of teaching, the science of land culture, or to
qualify them for entering any of the learned professions.
With all our educational advantages we are not able yet to
offer conditions like these to our own or the sous of other
States.
In my last Annual Message, reference was made to the
benefits to be derived from the large amount of specie then
in the banks. It will be noticed in the official statements
of their condition, that the amount has been diminished
during the year, until there remains in the aggregate less
than one dollar in specie to seven of their liabilities, and
scarcely sufficient to meet the provisions of the law of 1858,
which demands as a necessary condition for making loans or
discounts that there shall be an amount of specie equal to
fifteen per centum of the liabilities for circulation and
deposit. The specie in the Boston banks has been reduced
more than four million dollars. It is difficult to perceive
what has been gained to replace this loss to the stability
and security of the currency of the Commonwealth ; it does
not appear to have increased the profits of the banks, nor
their ability to aid industry and enterprise by more generous
loans. The retui'ns show that the banks in Boston hold in
specie but little more than the amount stated to be due from
them for the purpose of redeeming the circulation of the
banks out of Boston. In view of these facts, I deem it
proper to call the attention of the legislature to this subject.
The enrolled militia of the Commonwealth numbers
157,848 men, showing an increase of 4,277 on the number
of last year. This is in singular contrast and apparently
irreconcilable with the i"act presented in the educational
reports that the number of children is reduced 2,925. The
active viniformed militia numbers 5,736 men. Seven com-
panies have been disbanded during the year for non-compli-
ance with the law.
The expenditures of the department during the year,
exclnding salaries, amounted to 134,057 ;^exhibiting a
reduction upon the preceding year, of $1,372, and making
allowance for the excess of men in 1859, compared with
1858, of more than $4,000.
The troops of the State have never exhibited greater
interest, or proficiency in drill, or more thorough discipline
and organization.
In addition to the arms now in the hands of the troops, a
full equipment for six thousand men, there are in the arsenal
3,857 stands of arms. The annual quota received from the
government the present year will number 548. During the
GOVERNOR'S ADDRESS. 215
last year 1,500 rifle muskets of improved model have been
distributed to the infantry companies, in exciiange for arms
of an inferior character, and orders have been given for
rifling a sufficient number of field guns for the use of the
artillery.
Departing from the general usage, the troops were brought
into camp, in full force, at Concord, during the third week
in September last. The camp was designated " Camp Mas-
sachusetts," and was established at Concord, chiefly on
account of advantages offered the troops, more liberal than
the terms proposed by tliose connected with other localities.
It was honored by the presence of both Houses of tlie Legis-
lature, by Major General Wool, of the army of the United
States, and by tlie Ancient and Honorable Artillery Com-
pany. The general interest of the troops is exhibited in the
fact that, of an entire force of 5,739 officers and men, but
413 absentees were reported.
It is believed that the drill of the troops was never more
constant in camp, their discipline and organization never
more effective, and assuming the maintenance of a well
regulated militia to be necessary, it presented a militaiT force
of which any State in the world might be proud.
The advantages of the State encampment were manifold.
It cost the Commonwealth and the troops less than the camp
of any preceding year. With exception of six companies
from the western counties, — whose expenses wer^ returned
by the legislature, all the troops were, for the first time,
without any transport or forage charges whatever, making a
sum saved to them upon estimate, of $4,700. Other charges
incidental to this department, including the increased num-
ber of men, were $1,374 less than in 1^58 ; $8,000 less than
in 1857 ; $12,481 less than in 1856 ; and including the
reduced expenses of the troops with the reduction to the
State, upwards of $18,000 less than in 1854. The cost of
the department, excluding salaries, has been for the last six
years as follows, viz. : —
In 1854, $77,066 11
1855, 74,754 56
1856, 76,538 76
1857, 72,028 46
1858, 65,429 53
1859, 64,057 64
The troops of the different parts of the Commonwealth, when
in camp together, felt assured of their relative standing, and
could test in the presence of each other, the comparative
216 GOVERNOR'S ADDRESS.
merits of superior physical qualities, proficiency in drill, and
expensive equipment. All parties were alike benefited and
gratified by results of their own observation and the criticism
of rivals and friends.
The troops during the continuance of the camp were con-
stantly under orders. Strict discipline was maintained ;
public order was in no instance disturbed ; intoxicating
liquors were as a general rule, excluded, from the head-
quarters of commanding ofiicers, and from the field ; and
the troops received the benefit of extended marches, of drill
by regiments, brigades and divisions, or of concerted line
and field movements by the three divisions.
But the great public advantages of the camp, in my esti-
mation, is the test to which for the first time it subjected the
habits and character of our people. When first contem-
plated, representations were made by competent police
authorities, that with six thousand troops in camp, for nearly
five days, and such concourse of spectators, as must be drawn
together, it would be impossible to avoid scenes of violence
and public disorder, or crime and loss of life.
Nearly six thousand troops were in camp for the better
part of five days and four nights. A hundred thousand
spectators were present in the course of the three days of
active military duty. No disturbance arose, not an affray
occurred, not a fruit garden was invaded, not the slightest
injury to» person or property was reported. But eleven
persons were arrested in the town during the week, of
whom seven were discharged without examination, one upon
examination, two paid slight fines, and one was bound over
for passing a worthless bill — all offences, except the last, of
the most trivial character.
This presents a topic for the press and the pulpit. It
exhibits the character of our population without gloss in its
most exposed condition, and proves beyond possible question
that through the instrumentality of public schools, temper-
ance organizations, the instruction of the press and the
pulpit, there has been a palpable, permanent, universal and
gratifying improvement in the cliaracter and habits of the
people. We need not recur to a military review of but two
days' duration, attended by 1,500 troops, twenty-one years
since, which still has historic interest, to mark the direction
and extent of the change.
While it is instructive to note the improvements made
from one generation to another, it is equally advantageous
to mark the points in which we have fiiiied to maintain the
standard of other days. Our public assemblies exhibit more
GOVERNOR'S ADDRESS. 217
perfect order, a higher degree of general intelligence, fewer
commotions of the people, greater sobriety, and there is
incontestible evidence that crime is less in proportion to
population. It is equally apparent that tlie civilization of
our day has fewer manly sports, less social feeling, and, in a
marked degree, less of the generous courtesies of life and of
daily intercourse, that distinguished gentlemen of the old
school. It seems to have been assumed that the rigid equal-
ity of democratic ideas is exhibited in brusque and forbidding
manners, rather than in accordance with the rule of those
who, assured of their own standing, are never forgetful of
the fact that a calm temper rules the stormiest assemblies,
and a courteous demeanor constitutes a perpetual and uni-
versal letter of credit. We may look to our schools and
public assemblies to correct any deficiencies of this charac-
ter, and to teach at least another generation that the manners
of a people are among its greatest powers for good or evil.
No occurrence of the year has given me greater satisfac-
tion than the recognition, l)y congress, of the justice of the
long deferred claim of the State for military services during
the war with Great Britain.
This claim had been pressed so many years, and encoun-
tered defeat so constantly, that it had been nearly abandoned.
It is within my own knowledge, that the constant refusal to
provide for the payment of the only war claim of the States
remaining unsettled weighed oppressively both upon the
representatives and the interests of the Commonwealth and
of Maine. The deprivation of the claim itself was of less
consequence than the conceded injustice of the proceeding.
One hundred and fifty-one thousand four hundred and fifty
dollars have been paid into the treasury from this source,
and I anticipate without any reservation whatever, upon
consideration of precedents which have never been rejected,
that other important payments will hereafter be made upon
the account of this claim, the justice of which is now recog-
nized. The thanks of the Commonwealth are due to the
representatives of other States as of our own, in both houses
of congress, for their just consideration of this subject. It
gives me pleasure also to acknowledge the value of the
services of the special agents of the State of Maine and
Massachusetts, without whose assistance it is my belief it
would not now have been recovered.
For a period of nearly forty years, from 1792 to 1830,
there were repeated attempts to ascertain the practicability
of uniting by a ship canal the waters of Barnstable Bay with
Buzzard's Bay. Various surveys have been made by the
28
218 GOVERNOR'S ADDRESS.
government of the United States of this portion of the inner
and outer sea and Monumet River, and the intervening
land between the river-head and Scusnet harbor in Barnsta-
ble Bay. The intention of this enterprise was to afford ready
access to the harbor for ships in case of war, and to facilitate
the domestic trade by avoiding the perilous navigation around
the Cape. The distance from Saugh-kornet Point, outside
of Nantucket Shoals and Cape Cod to Boston Light, is one
hundred and ninety-eight nautical miles. The distance
across the Cape at Sandwich to the river-mouth is eight
statute or six nautical miles.
There is scarcely a trace of the numerous surveys and
reports upon this still interesting enterprise remaining in
the archives of the State. I have with considerable difficulty,
and the aid of the distinguished superintendent of the coast
survey department, obtained copies of several different sur-
veys of the engineers of the United States, and various maps
of this portion of the Cape ; also reports of the legislature,
and a statement of the domestic tonnage of this port, from
1790 to the present time. I have the honor to transmit
these papers to the legislature, with a letter of Professor
Bache, and I recommend that they be printed for preserva-
tion on the files of the legislative department, with such
other papers as may be procured relating to this subject.
The State Prison, at Charlestown, and other correctional
establishments, are in good condition. The prisoners have
been kindly treated, comfortably clothed and fed. This
department exhibits the average condition as to bodily health,
and a more than ordinary spirit of decorum and content.
The financial condition of the State Prison is greatly im-
proved. Hitherto for several years past, an appropriation,
ranging from ten to twenty thousand dollars over its income,
has been annually required. It is expected that the unex-
pended balance of appropriation ($5,370.26) remaining from
last year, will pay the expenses of the coming year without
further provision. No appropriation will be required after
the present year, and it is believed from the experience of
the past year, that the prison after paying the ordinary
expenses of its support, will leave hereafter a surplus of five
or perhaps ten thousand dollars annually to be paid into the
treasury of the Commonwealth.
The foundations of a new wall, enlarging the limits of the
prison, made necessary from the increased number of con-
victs, have been laid, and the structure will be completed
early in the present year. Additional light and air have
been furnished to a portion of the convicts by opening four-
GOVERNOR'S ADDRESS. 219
teen large windows in the northern wing of the building.
The supplies for their daily support have been increased in
quantity and improved in quality. The change made by
permission of the last legislature in the rations furnished
them, has proved to be of great benefit, and it is believed
that it will essentially contribute to the discipline of the
prison and the personal comfort of convicts.
I present to the legislature a statement of pardons granted .
during the year. Tlie number is greatly reduced, compared
with that of preceding years. I am constrained to believe
that great public wrong is occasioned by the too frequent
exercise of this power. It is represented to be a general
belief on the part of convicts, that a probable chance of
pardon will exist upon the expiration of half a sentence.
Jurors confess, in the executive chamber, in presenting
applications for pardon, that convictions have been made
without positive evidence, in some cases without a serious
conviction as to the guilt of parties. There have been prose-
cutions unduly pressed upon the assurance that if wrong
occurred, a pardon would present a remedy, and a sentence
is imposed, sometimes with the belief that it would not be
fully executed.
Tills general expectation of pardon on the part of so many
parties, relieves the different parts of the criminal tribunals
of that responsibility which ought to exist, and promotes
crimes by making punishment uncertain or sentences unduly
severe. It would be well if the legislature should request of
the executive department an annual report upon the exercise
of this power.
Tlie department of alien commissioners has been vigor-
ously administered, and the results of the year will be seen
in part in the great reduction of the number of paupers and
pauper expenses.
The State Reform School at Westborough, still suffers
from the disasters of the last season. A portion of the boys
have been removed to the building in the village. Tempo-
rary repairs have been made in the main building, and pro-
vision has been made for the reconstruction of the school
buildings upon a somewhat different plan than that originally
adopted. Vessels have been purchased for a nautical branch
of the school, and will soon be ready for pupils.
The finances of the State are in a prosperous condition.
The permanent loan to railway corporations is, . . $5,099,355 00
The permanent State loan 1,314,000 00
Total permanent loan, $6,413,355 00
220 GOVERNOR'S ADDRESS.
Full payment of this debt is provided for : $175,000
becomes due in July and December, and will be paid from
the " Debt Extinguishment Fund," The scrip issued on
account of the consolidation of the statutes must be added to
the debt— 1150,000.
The temporary loan in anticipation of the revenue is
$264,647.
The ordinary revenue for the present year is estimated at . $751,650 00
Ordinary expenditures, .... $966,400 00
For public buildings, .... 53,000 00
Total, $1,019,400 00
Leaving a deficit of 8267,750 to be supplied by a State tax.
This is less than any State tax since 1852.
The State tax of the last year amounted to -$299,994 ;
that of 1858, to $359,988 ; that of 1857, to $899,973. _
It is probable that some reduction may be made in the
expenditures of the year. The amount of expenditures of
last year for extraordinary purposes was $202,935. Of this
sum $150,000 is provided for by the issue of scrip. It would
appear that a larger proportion of this sum is charged to the
past year than is equitable. There is estimated for public
buildings this year, $53,000.
About $40,000 have been saved in the management of the
State Almshouses and Rainsford Island Hospital, compared
with 1858.
The great continuing waste of public money is to be found
in the arrangement of criminal costs, to which the attention
of the legislature was called last year. These costs — two-
thirds of which are paid from the State treasury — increased
from $79,800 in 1851, to $223,000 in 1858.
The transfer of these costs to the counties and towns,
would at once reduce them nearly to the amount paid in
earlier years.
It is not a transfer of taxes from the State to the County,
but it will be an actual reduction. The counties and towns
being responsible for the payment, will examine into the
administration of criminal law. No inconvenience will arise
from this course. I have returns from nearly twenty States,
in all of which criminal costs are paid by counties or by
parties. New York requires the county which asks a requi-
sition upon another State, to pay all expenses. It is a just
regulation. The change in this State will relieve us of a
great part of the general tax, without imposing it upon
counties.
GOVERNOR'S ADDRESS. 221
There is another consideration which makes the change
important. I am entirely satisfied that actual crime does not
increase in proportion to population. The returns exhibit
this result, and it is confirmed by those best acquainted with
the criminal calendar. This is a gratifying result, especially
when we reflect upon the great increase of foreign popula-
tion, and the fact that of 1,870 persons confined in the
various correctional establishments last year, 761 were of
parents of foreign birth, as appears from tables returned to
the Secretary of the Board of Education.
But while convictions for weightier criminal charges are
actually diminished, the criminal costs seem to show a
frightful increase of crime. For the five years ending 1852,
the convictions were 1,818; for the five years ending 1857,
the convictions are 1,651, a reduction of 137 annually.
The criminal costs had increased from $557,000 in the first
period of five years to $1,264,000 in the second period.
It is apparent that we should either admit a great increase
of crime or re-organize our system of criminal costs. The
difference in expense is immaterial compared with tlie injury
inflicted upon the name of the State. These numerous
arrests are regarded elsewhere as evidence of the failure of
our system of civilization. The remedy, both for the moral
and the financial evil, is to place the responsibility where the
crime is found, whether actual or factitious. Ignorance
promotes crime, and when towns and counties find them-
selves charged with its consequences they will seek a remedy.
Education, police supervision, friendly advice, reformatory
associations and pulpit instruction will be resorted to for the
removal of an evil which is too lightly regarded where com-
munities do not feel they are responsible for it. This is a
subject of great importance, and I commend it to the serious
consideration of the legislature.
Recent occurrences call attention to the measures, ten-
dencies and principles which seem to control the national
government. Great changes have occurred during the last
five years, in the opinions of the people, but far greater in
the policy of the government.
There has not been in this Commonwealth, at any time in
twenty years past, a more general concurrence of opinion,
or less agitation of sectional topics, than during the interval
between the election of 1852 and the opening of the thirty-
third Congress, after a somewhat compulsory, but general
acquiescence in the compromise measures of 1850.
This harmony of feeling upon the subject of slavery was
not disturbed in this Commonwealth by philanthropists,
222 GOVERNOR'S ADDRESS.
agitators, declaimers or theorists. The public records of
the time will show this. Ideas are very powerful, but revo-
lutions in opinion or government rarely or never occur
unaccompanied by events commensurate with them and
their results. There is no greater error, than that which
attributes the present disturbed condition of the public
mind to the speculations of scholars, or the denunciations
of enthusiasts. It is attributable to historical events ; ever
memorable events ; events connected with tlie government,
and which were alike beyond the control of agitators,
philanthropists, abolitionists, and even of the people them-
selves.
It is worth our while to consider some of these national
occurrences ; — such as the repeal of the Missouri Compro-
mise, — a conspiration against the people of the South as
well as the North ; tlie invasion of Kansas by bands of men,
armed with the plunder of public arsenals, to overawe the
officers appointed by the President of the United States
with the consent of the Senate, and to subvert the govern-
ment of the people by force ; the gigantic frauds committed
in the elections of that territory, which were denounced by
the government officers as by the people ; the sacking of
towns and the murder of their inhaljitants ; the rejection
by congress of a constitution framed by the people, and the
effort to force upon them against their will, and against all
principle and precedent another framed by congress ; the
illegal and defiant renewal of the foreign slave trade ; the
attempt to force a surrender of the political rights of the
states and the people, by referring political questions to
judicial decision ; the deadly assault upon a senator of this
Commonwealth while in the constitutional performance of
his duty in the senate chamber; the sacrifice of a senator
on the Pacific Coast, because, as he said in the agony of
death, he had opposed the extension of slavery; the neglect
of every interest of labor and of commerce, by government,
and the prostitution of all its powers to the spirit of slavery
propagandism ; the invasion of the mails, and the threats of
disunion and revolution, whenever a check by the constitu-
tional change of national policy is suggested ; — these are
among the events, that have contributed to the present state
of public opinion. It required incidents of no less magni-
tude to produce such results. Were the press suspended
and every lip sealed as with tlie silence of death, they would
still incite every manly heart, to indignant, though fruitless
resistance.
GOVERNOR'S ADDRESS. 223
But it is not merely that which is past that disturbs the
country ; it is the fear of that which is to come. The
repeal of the Missouri Compromise was the most stupendous
public wrong ever committed in this country, or that men
will ever live to commit ; not because of its effect on Kansas,
but that it initiated a policy of violence inconsistent with
liberty or just government, freedom of opinion, the interests
of labor, the rights of states, the equality of the people, the
observance of constitutional limitations, or the perpetuation
of free institutions. A violent policy must be sustained by
violent measures. History proves it, and our experience,
as that of other nations, will verify it.
It is idle to charge upon the body of the supporters of
the national administration any deliberate intention to estab-
lish measures inimical to the public interests. They probably
have no such purpose, and may justly disclaim it ; but it is
nevertheless true that the men who direct that policy will
allow, and can allow, no peace. They must submit them-
selves to the law of necessity which governs them. The
administrations of 1852 and 185G were in direct and absolute
contravention of every declaration of purpose, personal and
official, on the part of their leaders; and it is not difficult
to foresee that similar results will again occur if power is
continued in similar hands. We may go further, and name
the time when such invasions of the settled policy of the
country will happen. The interval between Presidential
contests, when elections are unimportant, and decide nothing,
is a convenient period for the consummation of revolutionary
measures ; and the return of the grand contests for political
power is equally auspicious for threats of dissolution, and
appeals to the fears of some classes and the magnanimity of
others, for an acquiescence in conceded wrong, upon the
pretence that it is to silence dissension and terminate all
controversy.
It is unnecessary to say that this Commonwealth is opposed
— inflexibly and almost unanimously — alike to such princi-
ples and such policy. Her principles are those of the fathers
of the government. She recognizes the existence of State
and National governments, each sovereign and independent
within its own sphere of action, and dividing the jurisdiction
between them, not by territorial limits, and not by the rela-
tion of superior and subordinate, but classifying the subjects
of government, and designating those over which each has
entire and independent jurisdiction. Within her own
borders she asserts the liberty and equality of all men.
Non-responsibility, and non-intervention, as to the domestic
224 GOVERNOR'S ADDRESS.
relations of men in other states, is alike her choice, her law,
and her purpose.
Her policy is pacific and not violent, constitutional not
revolutionary, submitting to constitutional authority, and
seeking the general good, rather than selfish gratification or
isolated aggrandizement. No act of violence, no infringe-
ment of the rights of others, whether of states or of men,
no denial of the provisions of the constitution, no impeach-
ment of the union of states, is consistent with her principles
or her policy.
Her people, under all circumstances, are inflexibly
opposed to, and will resist, by every constitutional right,
the extension of slavery, the re-opening of the foreign slave
trade, the consolidation of despotic power in the federal
government, or restrictions upon the freedom of speech, of
the press, or of opinion.
She asks of the government the neglect of no interest, —
State or National, — but claims protection for all, and is as
ready to concede the rights of others as to maintain her
own.
She will support the Constitution and the Union, not
because they are respected elsewhere, but because she knows
their cost and appreciates their value. The Revolution
began in Massachusetts. Here arose the earliest dissensions
with the mother country ; here the people were first pre-
pared for revolt; here patriots were first proscribed, inde-
pendence was fii'st contemplated ; here fell the first martyrs
to liberty ; the first British ensign was here struck to Amer-
ican seamen, and here was first unfurled the American flag.
We require no instruction upon the subject of our duties,
and will submit to no infringement of our rights. The
Union must be preserved, and so must the State of Massa-
chusetts.
I hesitate not to affirm that the action of this government
is consistent with these principles. It is not my purpose to
declare that there is universal acquiescence in such views,
that individuals do not hold different opinions, or that in
periods of great excitement, and under great provocation,
public sympathy is not excited in behalf of those who suffer
from misfortunes, or are required to pay the just penalties
of law.
No one who is connected with the administration of
justice, and witnesses the strength of sympathy for hard-
dened offenders, will be surprised that public judgment
should be momentarily swayed by the exhibition in any man
of high qualities — a love of truth, as rare as it is beautiful,
GOVERNOR'S ADDRESS. 225
an integrity as unbending as humanity admits ; in whom
great sutfering has perverted reason, who accepts the
responsibilities of his acts without complaint, and meets
death as a sailor doubles a Cape. Opinion is free and sym-
pathy unrestrained, and it is as little remarkable that it
should be manifested in such a case, as that in other parts
of the country public .meetings should be held to justify an
assault upon a Senator of the United States for words
spoken in debate. But it does not represent the government
nor the matured conviction of the people as to their political
duties or rights.
Nor do I apprehend that the restoration of the govern-
ment to its ancient policy will weaken its bonds or tend to
the dissolution of the Union. In my judgment, dissolution
is one of the evils not within the scope, if it be within the
purpose, of political agents. There are stronger and sterner
ties than those which spring from the wish or will of inter-
ested men. The Pacific Coast is an indivisible empire.
Who ever shall divide the Mississippi must possess the
power to dissipate its rolling floods, desiccate its bed, and
turn back upon themselves the myriads of bubbling springs
and mountain rivulets that have nourished the father of
rivers from the time when the evening and morning stars
first sang together. The Atlantic Coast is succeptible of
separation upon physical considerations, but the possession
of such cities as New York, Philadelphia and Boston, that
pay four-fifths of the revenues of the government, will be of
sufficient importance to hold together the eastern line of
States, on whichsoever side political i)ower may be lodged.
Disunion is not among the impending evils of this country,
but the tendencies to radical and despotic changes in the
form of government, are more imminent, and must chal-
lenge the serious apprehensions of the friends of constitu-
tional liberty.
The settlement of these great controversies will not
devolve upon the legislature. Nevertheless we are called
upon with the people of other States to weigh well the
dangers that surround us, and to reflect upon the remedies
constitutionally within our power. Men may well differ as
to the course to be pursued. For myself I can only submit
with deference the results of my own reflection. Legisla-
tive expedients do not seem to me to be equal to the crisis.
Extreme measures divide friends and unite opponents. The
concurrent action of that portion of the American people
whose principles harmonize, is the only sure reliance. It is
a period which demands concession in immaterial things
29
226 GOVERNOR'S ADDRESS.
and co-operation in the great ideas of the age. Witli such a
spirit, silent, steady, and united action will restore the peace
of tlie country and re-establish the ancient policy of the
governnient.
Gentlemen of the Senate and
House of Representatives :
I thank you for the attention you have bestowed upon the
considerations I have presented. It is my desire to co-oper-
ate with you in all measures necessary to the welfare of the
public, and I trust that the labors of the session may crown
you with well deserved honors and promote the prosperity
of the Commonwealth.
NUMBER OF VOTES
RETURNED BY THE SEVERAL CITIES AND TOWNS OF
THE COMiMONWEALTH, FOR AND AGAINST THE
AMENDMENT TO THE CONSTITUTION, IN 1859 ; FOR
GOVERNOR, IN 1858; AND FOR PRESIDENT, IN 1856.
ALSO, A STATEMENT OF THE NUMBER OF PERSONS
NATURALIZED DURING THE YEAR 1858, IN THE
UNITED STATES COURTS IN BOSTON.
228
GOVERNOR'S ADDRESS.
Votes Returned in 1859, 1858, and 1856.
1859.
1858.
1856.
CITIES AND TOWNS.
a
-^1
nS
cq
J3
03
o
s
t
c
03
Barnstable County.
Barnstable, .
23
37
226
140
401
174
Brewster,
6
11
52
16
85
34
Chatham,
-
18
66
54
134
73
Dennis, .
5
52
79
24
205
Z2
Eastham,
18
4
31
9
69
6
Falmouth,
16
16
166
67
252
97
Harwich,
7
16
105
34
201
23
Orleans,
16
12
65
10
153
18
Provincetown,
9
26
143
60
300
23
Sandwich,
18
36
•211
96
460
154
Truro, .
7
9
48
24
120
33
Wellfleet, .
6
29
63*
21*
97
32
Yarmouth,
6
16
90
32
190
32
Totals, .
137
282
1,345
587
2,667
721
Berkshire County.
Adams, ....
16
48
495
20.1
677
151
Alford, .
3
16
38
40
60
41
Becket, .
12
27
123
46
164
45
Cheshire,
4
37
89
136
120
143
Clarksburg, .
7
-
41
-
65
3
Dalton, .
1
22
49
79
64
89
Egremont,
5
26
97
88
116
75
Florida, .
3
13
72
15
72
11
Great Barrlngton,
17
52
192
136
384
148
Hancock,
18
9
67
31
92
26
Hinsdale,
1
21
146
60
155
42
Lanesborough,
11
13
77
93
110
109
Lee,
15
82
256
242
449
226
Lenox, .
16
28
133
141
164
153
Monterey,
2
27
67
45
97
35
Mount AVashingtoE
)
3
10
26
30
42
9
New Ashford,
1
10
8
32
22
22
New Marlborough,
Otis,
9
1
115
32
119
77
87
80
156
112
117
73
Peru, .
7
1
71
16
90
4
Pittsfield,
20
103
425
340
634
354
Richmond,
1
15
47
50
72
60
Sandisfield, .
—
47
133
132
177
97
* UnofiScial.
GOVERNOR'S ADDRESS.
Votes Returned — Continued.
229
18
5».
1858.
185G.
^
+i
a
CITIES AND TOWNS.
a
<
II
B
c
1
fa
03
a
a
.a
Berkshire Co. — Con.
Savoy, ....
8
25
79
75
107
64
Sheffield,
37
65
152
132
271
143
Stock bridge, .
28
28
153
88
185
106
Tyringham, .
8
39
49
54
64
55
Washington, .
1
12
50
15
65
30
West Stockbridge, .
11
48
126
101
162
99
Williamstown,
40
13
170
157
273
181
Windsor,
16
19
88
41
123
38
Totals, .
322
1,003
3,715
2,783
5,344
2,749
Bristol County.
Attleborough,
64
26
288
135
550
178
Berklej',
11
2
100
7
135
19
Dartmouth, .
6
9
136
43
387
47
Dighton,
15
2
m
44
207
54
Easton, ....
35
13
250
56
349
65
Fairhaven,
74
18
287
76
509
102
Fall River, .
376
309
656
285
1,080
229
Freetown,
28
15
91
34
177
42
Mansfield,
85
13
178
78
272
71
New Bedford,
192
125
1,107
545
1,801
444
Norton, ....
38
32
172
77
268
51
Pawtucket,
32
64
131
89
348
269
Raynham,
13
9
262
35
248
39
Rehoboth,
35
48
201
90
257
114
Seekonk,
7
16
110
147
205
213
Somerset,
44
18
181
39
196
29
Swanzey,
20
2
112
45
173
40
Taunton,
223
111
626
309
1,358
453
Westport,
7
9
139
10
325
9
Totals, .
1,305
841
5,093
2.144
8,845
2,468
Dukes County.
Chilniark,
7
2
19
27
35
45
Edgartown, .
9
27
117
80
197
65
Tisbury,
9
7
49
70
85
51
Totals, .
25
36
185
177
317
161
Essex County.
Amesbury,
88
29
241
125
441
116
Andover,
60
20
303
38
690
187
Beverly,
57
26
435
67
807
119
Boxford, . .
21
3
64
8
1
132
21
230
GOVERNOR'S ADDRESS.
Votes Returned — Continued.
1859.
1858.
1856
CITIES AND TOWNS.
^ S
"S g
*s
S -2
.5 -o
a a
be »
J<!
a
o
a
•a
s-
-<! S
a
S 1
2
3
<
<
»
»
^
n
Essex County — Con.
Bradford,
33
8
129
62
179
81
Danvers,
51
10
260
42
1,076
176
Essex, .
13
15
130
72
248
78
Georgetown, .
64
8
197
45
258
87
Gloucester, .
216
44
431
191
772
171
Groveland, .
20
6
154
40
236
49
Hamilton,
10
1
79
21
105
41
Haverhill,
246
55
726
295
1,087
325
Ipswich,
30
13
230
94
327
69
Lawrence,
355
248
603
334
1,064
388
Lynn, .
353
53
1,164
433
1,776
525
Lynnfield,
19
10
46
17
113
26
Manchester, .
47
16
145
51
227
47
Marblehead, .
123
67
543
432
556
488
.Methuen,
48
23
192
104
299
141
Middleton,
27
5
81
39
141
31
Nahant, .
17
9
1 20
14 1
28
12
Newbury,
22
12
1 150
36 1
201
32
Newburyport,
284
148
[ 539
558
1,133
483
North Andover,
41
41
' 89
70
*
*
Eockport,
72
10
291
106
335
104
Rowley, .
30
5
91
44
159
31
Salem, .
511
132
983
380
1,639
445
Salisbury,
100
8
161
57
423
80
Saugus, .
26
13
94
58
200
90
South Danver
s,
109
23
437
79
t
Swampscott,
19
8
86
33
141
43
Topsfield,
15
2
59
8
175
28
Wenham,
18
5
84
16
154
21
West Newbury,
30
24
200
60
266
45
Totals, .
3,175
1,100
9,440
4,039
15,388
4,580
Franklin County.
Ashfield,
5
48
206
36
271
21
Bernardston,
17
19
90
61
136
47
Buckland,
3
65
125
67
204
84
Charlemont,
5
30
113
28
163
33
Colrain, .
1
45
133
65
231
71
Conway,
3
48
169
74
239
81
Deerfield,
5
91
242
128
357
117
Erving, .
11
1
31
12
65
13
Gill, .
3
25
44
43
72
53
Greenfield,
6
79
278
121
385
148
Hawley,
-
26
111
8
149
6
• With i
Inclove
r.
t Wi
th Danvers
GOVERNOR'S ADDRESS.
Votes Returned — Continued.
231
1859.
1SS8.
1856.
CITIES AND TOWNS.
- s
■s a
c
e5
c -a
bo 2
i
c4
o
s
OS
s
< s
ts
b.
s
<!
^ <
P3
M
fe
pq
Franklin Co. — Con.
Heath, ....
_
24
76
24
94
16
Leverett,
2
13
74
33
143
44
Leyden,
1
18
63
18
92
21
Munroe,
6
4
25
1
36
-
Montague,
.
3
20
116
50
225
27
New Salem,
3
35
94
50
154
45
Northfield,
1
44
129
82
238
106
Orange,
20
6
125
114
208
85
Rowe, .
_
22
52
24
71
24
Shelburne,
6
61
172
25
277
23
Shutesbury,
-
76
79
24
129
24
Sunderland,
18
12
114
23
147
18
Warwick,
6
36
104
65
149
51
Wendell,
3
23
52
56
88
48
Whately,
14
14
77
92
122
65
Totals, ...
142
885
2,894
1,324
4,445
1,271
Hampden County.
Agawam,
8
17
85
82
150
75
Blandford,
10
52
100
85
181
61
Brimfield,
7
51
137
63
188
53
Chester,
17
2
114
68
195
80
Chicopee,
70
103
375
268
579
313
Granville,
3
10
86
98
154
96
Holland,
1
15
29
30
55
24
Holyoke,
55
32
164
96
271
148
Longmeadow,
11
26
92
35
205
40
Ludlow,
3
4
106
68
158
75
Monson,
25
56
158
105
287
73
Montgomery,
5
16
30
25
50
31
Palmer, .
44
56
223
131
307
129
Russell, .
1
15
44
52
51
59
Southwick, .
9
53
89
108
160
117
Springfield, .
157
335
961
893
1,380
799
Tolland,
_
13
51
46
76
41
Wales, .
3
13
58
38
101
24
Westfield,
20
100
339
390
530
370
West Springfield,
7
37
145
31
204
49
Wilbraham, .
20
40
145
64
251
73
Totals, .
476
1,046
3,531
2,776
5,533
2,730
Hampshire County.
Amherst,
19
24
249
85
420
48
Belchertown, .
28
70
222
56
418
73
232
GOVERNOR'S ADDRESS.
Votes Returned — Continued.
1859.
1858.
1856.
CITIES AND TOWNS.
1 1
c
a
a
o „
"a c
.s
.c
o
g
e
be g
-e, S
a
08
i^
o
<
<
H
n
E«
n
Hampshire Co. — Con.
1
Cliesterfield, .
17
28
97
40
153
25
Cummington,
-
40
173
15
184
13
Easthampton,
6
77
168
24
210
21
Enfield,.
22
14
78
44
185
16
Goshen,
1
27
69
2
95
3
Granby,
1
40
115
11
167
16
Greenwich, .
24
21
72
32
101
48
Hadley,.
30
38
180
38
309
18
Hatfield,
5
12
112
20
150
28
Huntington, .
2
25
92
27
136
40
IVIiddlefield, .
t
t
76
3
110
7
Northampton,
30
144
552
124
765
139
Pelham, .
14
17
59
35
100
50
Plainfield, .
4
16
101
2
135
4
Prescott,
15
12
39
20
70
21
South Hadley,
13
47
161
42
284
51
Southampton,
1
78
108
7
209
7
Ware, .
67
67
223
61
368
108
Westhampton,
4
23
94
1
117
6
Williamsburg,
2
62
180
55
284
68
Worthington,
13
28
155
11
755
196
22
Totals, .
324
910
3,375
5,166
832
Middlesex County.
Acton, ....
39
28
157
114
194
115
Ashby, .
35
7
102
30
162
40
Ashland,
42
13
12.5*
22*
193
36
Bedford,
26
6
95
48
123
40
Belmont
30
21
X
X
X
X
Billerica,
40*
13*
98
48
189
53
Boxborough, .
5
6
28
44
36
28
Brighton,
75
62
157
. 163
176
163
Burlington, .
32
2
36
32
63
41
Cambridge, .
570
289
1,451 .
1,088
1,457
852
Carlisle,
14
6
48
64
71
54
Charlestown, .
699
378
939
1,041
1,079
954
Chelmsford, .
30
14
139
85
236
111
Concord,
52
29
130
67
2.52
78
Dracut, .
35
9
134
79
210
77
Dunstable,
4
13
28*
38
41
57
Framingham,
85
44
237
123
410
175
Groton, .
43
17
178
59
296
73
Holliston,
106
47
202
109
369
143
Hopkinton, .
142
132
178
148
304
184
* UnofiScial.
t No meeting.
} New town, incorporated in 1859.
GOVERNOR'S ADDRESS.
Votes Keturned — Continued.
233
1850.
1858.
1856.
CITIES AND TOWNS.
^ a
1 's
a
c
05
a
o "O
.H ■«
j3
o
S g
03 a
bo a;
i
a
J3
a
< a
s
£
s
-J)
<
PQ
«
Eu
n
Middlesex Co. — Con.
Lexington, .
87
14
131
76
187
101
Lincoln,
11
2
72
15
73
7
Littleton,
30
9
102
39
150
23
Lowell, ....
935
482
1,7.54
1,076
3,087
1,248
Maiden,
112
17
281
133
425
1.59
Marlborough,
64
18
316
102
515
104
Medford,
195
27
298
194
437
157
Melrose,
47
16
196
69
231
84
Natick, ....
92
86
379
187
476
232
Newton,
76
32
457
176
639
257
North Reading,
38
-
128
28
184
7
Peppei-ell,
15
37
99
60
238
62
Reading,
121
27
226
75
428
38
Sherborn,
17
13
78
21
115
25
Shirley, ....
30
7
105
45
135
38
Sonierville, .
137
38
271
154
368
215
South Reading,
152
10
231
57
402
81
Stoneham,
51
26
195
104
317
128
Stow, ....
16
13
103
75
143
80
Sudbuiy,
21
20
90
76
166
98
Tewksbury, .
14
2
93
59
137
56
Townsend,
12
12
153
45
282
59
Tyngsborough,
15
13
18
34
71
41
Waltham,
117
42
419
265
427
255
Watertown, .
67*
40*
201
106
244
147
Wayland,
32
11
77
33
147
46
West Cambridge, .
61
19
138
112
186
130
Westford,
33
27
99
62
188
62
Weston,
19
5
82
35
131
51
Wilmington, .
16
4
54
21
103
31
Winchester, .
89
21
177
91
201
94
Woburn,
149
89
289
170
529
317
Totals, . . ■ .
4,975
2,315
11,774
7,197
17,223
7,707
Nantucket County.
Nantucket, .
23
62
280
142
583
126
Norfolk County.
Bellingham, .
24
12
86
35
173
70
Braintree,
51
16
234
172
310
138
Brookline,
116
34
149
140
198
173
Canton, ....
52
9
133
155
214
165
Cohasset,
15
17
96
67
143
41
Dedham,
73
73
353
230
495
213
30
* Unofficial.
234
GOVERNOR'S ADDRESS.
Votes Returned — Continued.
1859.
185 S.
1856.
CITIES AND TOWNS.
For
Amendm't. i
S 1
n
B
O
u
2
i
a
Norfolk Co. — Con.
Dorchester, .
148
61
419
237
808
284
Dover, ....
6
5
37
28
60
27
Foxborough, .
133
9
162
20
355
21
Franklin,
54
10
150
22
293
43
Medfield,
21
12
80
40
138
29
Medway,
62
12
• 206
60
387
105
Milton, ....
35
26
131
89
186
104
Needham, . . .
32
12
128
75
196
74
Quiney, .
210
91
258
244
491
274
Randolph,
192
147
312
287
533
321
Roxbury,
467
442
904
888
1,049
770
Sharon, ....
67
23
105
47
182
45
Stoutrhton,
140
71
342
169
482
186
Walpole,
58
30
129
42
209
43
West Roxbury,
103
67
259
292
768
225
Weymouth, .
85
52
356
130
348
266
AVrentham, .
36
26
168
58
. 385
81
Totals, .
2,180
1,257
5,197
3,527
8,403
3,698
Plymouth County.
Abington,
40
69
389
131
811
213
Bridgewater, .
69
23
130
76
311
94
Carver, ....
45
2
75
26
132
41
Duxbury,
43
12
185
59
288
40
East Bridgewater, .
30
32
198
122
338
138
Halifax,
18
5
63
56
93
45
Hanover,
47
29
180
40
248
32
Hanson,
65
16
94
46
187
55
Hingham,
97
11
243
57
518
94
Hull, ....
12
-
23
7
27
1
Kingston,
13
18
138
65
221
43
Lakeville,
15
2
197
34
*
*
Marion, ....
18
5
67
26
■ t
t
Marshfield, .
27
5
113
17
268
26
Mattapoisett, .
Middle borough.
36
47
7
43
162
304
18
187
t
649
t
274
North Bridgewater,
108
16
434
184
681
218
Pembroke,
27
29
128
37
185
34
Plymouth,
137
55
421
166
784
147
Plympton,
32
5
90
48
127
48
Rochester,
21
6
90
20
372
46
Scituate,
119
48
163
45
304
46
South Scituate,
43
4
153
43
231
32
* With Middleborough.
t With Rochester.
GOVERNOR'S ADDRESS.
Votes Returned. — Continued.
235
1859.
1858.
1856.
CITIES AND TOWNS.
^ s
1 "s
(3
i
11
.S ■a
c5 C
to a
a
A
O
S
a
E
< S
a
s
t
=!
<
<
«
M
fe
«
Plymouth Co. — Con.
Wareham,
77
16
146
68
253
70
West Bridgewater,
32
9
116
25
200
39
Totals, .
1,218
467
4,302
1,597
7,228
1,776
Suffolk County.
Boston, ....
3,.516
2,496
6,288
6,369
7,653
5,461
Cholsea,
372
87
916
408
860
335
North Chelsea,
25
2
40
33
46
26
Winthrop,
15
4
15
51
23
33
Totals, .
3,928
2,589
7,259
6,861
8,582
5,855
Worcester County.
Ashburnham,
58
27
182
64
341
81
Athol, .
27
3
191
34
387
55
Auburn,
7
15
47
16
106
26
Barre, .
26
36
119
139
297
105
Berlin, .
15
10
82
11
141
10
Blackstone,
72
102
190
186
395
275
Bolton, .
9
8
96
29
198
12
Boylston,
5
22
69
8
137
4
Brookfield,
13
28
131
57
242
90
Charlton,
25
27
151
82
124
100
Clinton,
53
52
225
47
353
54
Dana, .
8
17
65
18
143
11
Douglas,
64
57
165
137
238
130
Dudley,
19
30
115
99 ,
171
93
Fitchburg,
100
65
506
148
857
219
Gardner,
51
11
157
110
348
54
(irafton.
81
54
252
83
453
112
Hardwick,
10
49
121
59
205
53
Harvard,
21
12
113
104
188
74
Holden,
53
46
148
40
245
32
Hubbardston,
10
36
144
81
255
86
Lancaster,
39
38
148
47
232
35
Leicester,
69
85
168
82
294
77
Leominster, .
58
38
273
51
497
58
Lunenburg, .
18
16
105
48
167
64
Mendon,
39
26
83
35
180
47
Milford,
320
207-
501
442
651
307
Millbury,
73
45
222
35
419
42
New Braintree,
20
8
43
17
90
6
Northborough,
37
18
12
28
192
21
Northbridge, .
89
51
156
51
253
63
North Brookfield, .
52
56
179
38
363
43
236
GOVERNOR'S ADDRESS.
Votes Returned — Continued.
1859,
1858.
1856.
CITIES AND TOWNS.
-s a
fl
d
•a
11
.5 'o
^
^
9
Si
E
60 CO
<1 3
§
CS
i-<
3
<
t<
«
«
Ut
«
Worcester Co. — Con.
1
•
Oakham,
26
3
47
13
130
21
Oxford,
38
31
133*
133*
318
107
Paxton,
7
26
72
40
120
48
Petersham,
15
3
142
35
210
38
Phillipston,
38
2
72
5
138
2
Princeton,
46
2
113
20
203
12
Royalston,
33
11
151
16
251
14
Rutland,
15
16
85
45
134
65
Shrewsbury,
57
22
124
56
237
63
Southborough
)
37
"4
121
16
203
26
Southbridge,
79
47
216
114
324
163
Spencer,
47
23
196
47
322
43
Sterling,
13
40
139
27
252
38
Sturbridge,
17
21
149
51
289
78
Sutton, .
29
37
165
43
336
78
Templeton,
40
45
197
67
397
76
Upton, .
35
22
143
43
280
47
Uxbridge,
108
93
192
143
352
141
Warren,
26
55
147
61
260
48
Webster,
87
83
147
103
260
102
Westborough,
71
69
222
51
325
47
West Boylston,
25
33
173
31
296
27
West Brookfield,
18
68
88
32
182
33
Westminster,
25
65
198
79
293
54
W^inchendon,
38
22
206
46
400
77
Worcester,
375
467
1,748
822
2,622
764
Totals,
.
2,889
2,605
10,659
4,565
18,296
4,651
♦ Unofficial.
GOVERNOR'S ADDRESS.
237
RECAPITULATION.
1S59.
1858.
185
c.
COUNTIES.
if
a
•<
■J
II
^1
M
a
J3
o
S
i
3
Barnstable,
137
282
1,345
587
2,667
721
Berkshire,
322
1,003
3,715
2,783
5,344
2,749
Bristol,
1,305
841
5,093
2,144
8,845
2,468
Dukes, .
25
36
185
177
317
161
Essex, .
3,175
1,100
9,440
4,039
15,388
4,580
Franklin,
142
885
2,894
1,324
4,445
1,271
Hampden,
476
1,046
3,531
2,776
5,533
2,730
Hampshire,
324
910
3,375
755
5,166
832
Middlesex,
4,975
2,315
11,774
7,197
17,223
7,707
Nantucket,
23
62
280
142
583
126
Norfolk,
2,180
1,257
5,197
3,527
8,403
3,698
Plymouth,
1,218
467
4,302
1,597
7,228
1,776
Suffolk,
3,928
2,589
7,259
6,861
8,582
5,855
Worcester,
2,889
2,605
10,659
4,565
18,296
4,651
Whole Sta
te, .
21,119
15,398
69,049
38,474
108,020
39,325
238
GOVERNOR'S ADDRESS.
Number of Persons Naturalized during the year 1858, in
the United States Courts in Boston.
CONGKESSIONAI,
DISTRICTS.
IS
3
C
C3
1-5
fa
t
<1
&
S
a
3
it
3
3
SO
<
1
p.
to
o
.2 >
o o
■5 ^
o
>
o
S5
§
p
District I.
1
1
-
-
-
2
-
-
-
2
3
1
10
n. .
-
1
4
26
-
-
-
-
1
27
6
9
74
ni. .
-
4
18
7
4
5
5
-
53
310
7
10
423
■::i
13
17
35
21
16
13
13
-
42
1,110
16
33
1,329
VI. .
8
1
7
3
-
1
-
1
4
28
8
13
74
VII. .
2
6
4
5
1
3
1
_
12
82
5
8
129
VIII. .
1
2
6
4
1
1
-
-
18
55
4
7
.99
IX. .
-
-
1
-
1
-
-
-
-
1
-
-
3
X. .
-
-
1
-
1
-
-
-
-
-
-
2
XI. .
-
-
-
-
-
-
-
-
-
-
-
-
Totals, . .
25
32
75
67
23
26
19
1
130
1,615
49
81
2,143
From the foregoing table it appears that 2,143 persons were natu-
ralized during the year 1858, of whom 268 received their papers
during the first eight months of the year, and 1,745 during the period
between September 5 and November 5, being the sixty days previous
to the Congressional election holden in that year; of these 1,745
persons, 1,615 were naturalized during the thirty-five days next
preceding the election; of this same number, (1,745,) 363 were
residents of the Third Congressional District, and 1,152 of the
Fourth and Fifth Districts.
The whole number naturalized in the United States courts during
the year, residing in the Third District, is 423, and in the Fourth
and Fifth Districts, 1,329. The residents in the Fourth and Fifth
Districts, naturalized in the State courts, make the number for those
districts to exceed 1,500.
GOVERNOR'S ADDRESS.
239
Comparative Statement of the Expenditures of the several Depart-
ments of Government, Revenue, and Surplus or Deficit, for the
Years 1857, 1858, and 1859.
1859.
185S.
185-7.
Legislature, regular session, .
$121,753 89
*$110,552 57
*$223,033 24
Governor and Council,
14,265 00
*15,131 60
*14,711 44
Secretary's Office,
20,700 00
19,376 24
25,401 47
Printing Laws, Documents,
&c
30,078 00
tl6,225 89
$31,820 75
Treasurer's Office,
5,000 00
4,963 49
4,981 70
Auditor's Office, .
4,450 00
3,479 23
3,359 29
Sergeant -at -Arms, Watch-
men, Repairs and Fuel, .
16,020 00
9,055 92
13,408 78
Land Office, ....
1,050 00
],017 70
1,041 07
Judiciary, ....
108,225 00
101,818 94
104,908 21
Bank Commissioners, .
7,600 00
5,635 18
6,414 75
Insurance Commissioners,
5,000 00
§5,403 97
7,795 55
Sheriffs, ....
750 00
705 42
931 21
Land Commissioners,
_
_ -
150 00
Scientific, ....
45,483 81
32,796 72
||54,199 14
Charitable, ....
261,239 75
286,442 21
313,997 07
Military, including salaries, .
67,775 00
66,466 01
75,815 75
Reformatory and Correctional,
215,324 00
263,332 71
293,029 44
Interest, ....
82,700 00
84,635 01
106,323 88
Total Ordinary Expenditures,
•11,007,414 45
$1,027,038 83
$1,281,322 74
Extra Session, for districting
the State, ....
_ _
_ _
25,551 50
Consolidation of Statutes, in-
cluding extra session.
al70,000 00
_ _
_ _
Public Buildings, .
32,935 00
37,608 30
• 98,586 28
$1,210,349 45
$1,064,647 12
$1,405,460 52
Amount of Revenue, .
al,045,000 00
1,094,995 43
1,649,062 52
Deficit,
$165,349 45
_ _
_
Surplus, ....
-
$30,348 31
$243,602 00
Amount of scrip to be issued.
150,000 00
$15,349 45
Amount paid, of expenses be-
longing to previous years, .
354,608 70
517,233 38
299,991 66
* Including their proportions of the contingent fund.
t IncIudiDg bills for $3,000 not embraced in former statements.
% Not including $21,836.99 for New Plymouth Records.
§ Including $1,000 for clerk hire not in former statements.
Including $21,836.99, for printing New Plymouth Records.
a Estimated.
240
GOVERNOR'S ADDRESS.
Expenses of State Almshouses and Rainsford Island Hospital for each
year, from October to October, since the opening of the institutions.
1854,
1855,
1856,
1857,
1858,
1859,
For fires,
Extra for Rainsford Island,
$131,000 00
3,000 00
3,000 00
$61,762 34
167,197 79
177,985 69
160,786 49
171,543 44
137,000 00
Of this last amount a considerable portion (much larger than in
previous years) has been invested in pui'chases for 1860.
GOVERNOR'S ADDRESS. 241
CONCERNING THE MILITIA.
Adjutant-General's Office, Boston,")
December 17, 1859. |
Sir : — In reply to your request, I have the honor to report that
the returns made to this department show that there were 5,332
officers, non-commissioned officers, musicians and privates, present
in camp in September last.
Since my last annual report, six companies have been disbanded.
Company E, of the Second Battalion of Infantry, has failed to make
the annual returns required by law, the present year. In 1858,
these seven companies returned 2 GO men present in camp.
In 1858, there were 95 companies in camp. In 1859, the number
of companies reported is 88, yet the returns of this year exhibit an
increase of 332 officers and men present, over the number returned
in 1858, the 88 companies present this year exhibiting an aggregate
of 577 men more than they I'eturned last year. The number of
absentees in 1858 was 889 ; in 1859, only 413 were absent. May
not these facts be taken as evidence of the popularity of the State
encampment ?
Total active militia, returned in 1859, . . 5,736
" enrolled " " " . . 152,112
157,848
Total active in 1858, 5,889
" enrolled " 147,682
153,571
Exhibiting an increase in 1859, of . . . . . 4,277
over the number returned in 1858.
The statement of the expenses of this department, for the year
1859, as compared with those of 1858, is as follows : —
31
242
GOVERNOR'S ADDRESS.
1859.
1859.
Militia Bounty, . $44,255 50
Elementary Drill, . . 2,696 35
Sundry Military Acc'ts,
(estimated,) . . 2,704 79
Armory Rents, (estim'd,) 10,950 00
Quartermaster-Gen's De-
partment, (estimated,) 3,450 00
Militia Bounty, . $41,466 00
Elementary Drills, . . 2,797 83
Sundry Military Acc'ts, . 5,056 25
Armory Rents, . . 12,000 00
Quartermaster- General's
Department, . . 4,109 45
$64,057 14
$65,429 53
Subtract expenses of 1859,
Showing a reduction in 1859, of
64,057 14
L,372 39
Notwithstanding the item of bounty money was enlarged by the
increased number of men in camp this year, $2,789.50 over the
amount paid in 1858, yet every other item of expense of this depart-
ment is lessened.
The expenses of this department for the current year, as above
stated, amount, in the aggregate, to . . . $64,057 14
For 1858, they were
1857, "
1856,
1855, "
1854,
65,429 53
72,028 46
76,538 76
74,754 56
77,066 11
The average annual expense, for the five years previous to 1859,
has been $9,106.34 more than that of this year, and the reduction in
1859, as compared with 1854, is $13,008.97.
I would refer your Excellency to my communication under date
of September 19, last, for the contrast of the expenses of transporta-
tion, &c., to the troops and the State, in attending the late encamp-
ment, with those of the years 1858 and 1857.
I may be permitted to add, that, in my judgment, the volunteer
militia of the State has never been more thoroughly organized, nor
in better condition for the performance of duty, than at the pi'esent
time.
I am, very respectfully your obedient servant,
EBENEZER W. STONE, Adjutant- General
To His Excellency Nath'l P. Banks,
Governor and Commander-in-Chief.
GOVERNOR'S ADDRESS. 243
Middlesex County, Sheriff's Office,)
September 17, 1859. j
To His Excellency N. P. Banks, Governor of the Commonwealth:
In reply to your inquiries, I have the honor to report tliat the
whole number of persons arrested in Concord during the week of the
State encampment was eleven. Of these, five were for drunkenness,
three for assault and battery, two for larceny, and one for passing a
worthless bill. Seven of the number were discharged without exami-
nation, and one on examination, and two were fined, and one bound
over to the superior court.
The best estimate of the numbers in attendance would be about
one hundred thousand : say fifteen to twenty thousand on the first
day, forty to fifty on the second day, and thirty to forty on the last
day. I have heard of no injury to property in the town, and do not
believe that even a barrel of apples were stolen, or injury to that
amount done during the entire week.
Truly yours, '
JOHN S. KEYES.
GOV. BROWN'S STATEMENT ON CAMP MASSACHUSETTS.
Concord, Mass., Sept. 12, 1859.
My Dear Governoi-, — In the communication the trustees of the
State Reform School recently sent you, they ought to have stated,
that if the legislature means to rebuild upon the walls and founda-
tions now standing, or any part of them, it will become necessary to
cover them in before the approach of winter, or the frost will be
quite likely to heave the foundations and to])ple down the walls. It
may, also, endanger a portion of the walls of the building now
occupied.
Allow me, now I am writing, to congratulate you upon the great
success of the recent military encampment in this town. As its com-
mander-in-chief, you cannot but be interested in the impression which
the movement has left upon the minds of the people of the State, and
especially upon those into whose midst such an influx of soldiers and
civilians was made.
When it was understood that the encampment would take place
here, our people were natui'ally alarmed, and anticipated scenes of
disturbance, of depredations, and, perhaps, violence. This alarm
prompted them to take precautionary measures for protection, while,
at the same time, they made liberal provision for the most generous
hospitality. Tlie result has proved that their fears were groundless.
They have not only enjoyed the opportunity of witnessing the most
244 GOVERNOR'S ADDRESS.
extended military encampment, evolutions and reviews, that have
ever taken place in New England, but the moral grandeur of the
spectacle arrested their attention even more than the skilful practices
of the field. It afforded an evidence, which no other opportunity
has ever presented, of the allegiance of our people to law and order,
and of their high regard for the good name of our ancient and beloved
Commonwealth. They did not only control themselves, but their
exemplary conduct and tone of feeling seemed to infuse the vast
crowds that assembled from nearly every quarter of the Union, and
like oil upon the waters, kept every turbulent passion down.
It is wonderful, that in the gathering of so many people, in their
remaining so long together, and including those, undoubtedly, who
have the least regard for the proprieties of life, that no depredations
were committed upon person or property. I am yet to hear of the
first instance of theft or wanton destruction of property. No hen-
roosts were visited, no orchards or gardens robbed, no citizen molested
in the midst of his business or pleasure, and no scenes of violence, or
even disturbance, broke upon the ear of night. Some persons thought
that a little more of the " pomp and circumstance " of the field would
have been agreeable in the village, and would have added a pleasant
excitement to the occasion.
Its success was so complete, that I have no doubt it will be imitated
in other States.
I am, very truly and sincerely, yours,
SIMON BROWN.
His Excellency Nathaniel P. Banks, Boston.
GOVERNOR'S ADDRESS. 245
REASONS FOR PARDONS.
Daniel Agan, pardoned November 23, 1859. Convicted at Wor-
cester of disturbing the peace and assault. Sentenced for four months
in the house of correction.
Pardoned because the Council, from the evidence, find he was
guilty of no assault, the persons upon whom the assault was alleged
to have been committed so testifying.
Henry W. Pratt, of Grafton. Convicted for inciting a person to
break and enter the Grafton Bank. Sentenced for eighteen months.
Pardoned October 10, after having served seveenteen months of his
sentence, because he returned the sum stolen from the bank, for his
good conduct in prison, and to encourage him in his good resolutions.
Patrick and John Fogarty and John Caton, of Chicopee. Con-
victed of rape at Springfield, and sentenced to the state prison for
life.
Pardoned " because the committee are convinced of the entire inno-
cence of the prisoners of the crime with which they are charged, and
for which they were confined. The cominittee have been led to this
conviction by the abundant testimony that the chief witness against
these parties was dishonest, intemperate, abandoned and degraded,
and not to be believed under oath ; that she was both before and
since the alleged outrage a notorious prostitute, and had been pun-
ished by imprisonment for her offence."
" Because she claimed at the outset only a slight pecuniary damage
and compensation, and did not pretend that any outrage laad been
committed upon her ; because your committee are satisfied that two
other persons (not the prisoners) have since confessed that they were
the parties who violated her person at the time of the alleged outrage,
if any such were committed."
" Because the prosecuting attorney has addressed a letter to His
Excellency the Governor, urging a remission of the sentence, owing
to the ' facts and circumstances connected with the crime ' charged."
John P. Boynton, of Salisbury. Convicted of breaking and
entering the Salisbury Mills, on the 23d of May, 1859. Sentenced
to twelve months in house of correction.
-Pardoned because his confederate was " allowed to go on proba-
tion and recognizance " by the court, and the court would have been
willing to have so ordered in his case had his friends been present to
recognize for him. They have now entered into recognizance and
surety that he will in the future presei've the peace, and for these
246 GOVERNOR'S ADDRESS.
reasons and upon these conditions, satisfactory to the attorney of the
district, he was pardoned.
James Weston, of Boston. Convicted of breaking and entering
and stealing property to the amount of three dollars j''q%. Sentenced
to three days solitary and four years confinement on the first count,
and one day solitary and three years confinement on the second, at
hard labor in the state prison.
Pardoned because of his good behavior while in prison, and
because he had served out six years and six months of his sentence,
and because of his youth and previous good character. He was but
nineteen years of age when pardoned.
William F. Lincoln, of Taunton. Convicted of assault and
battery. Sentenced to house of correction for two years.
Pardoned because he had been confined fifteen months, and was
convicted on the testimony of Henrietta W. Chase and her father,
B. F. Chase, of Fall River, (the latter now being an inmate of the
insane asylum at Taunton,) said Henrietta, the person upon whom
the alleged assault was committed, now testifying that she was in-
duced by her father to testify against Lincoln, in consequence of
which testimony said Lincoln was convicted of the assault ; that the
testimony was prepared for her by her father and an attorney, and
was against her judgment and sense of right, and she knows her
injuries, which were very slight, were in a great measure caused by
her own indiscretion, and that the testimony now given by her is
voluntary, and because she believes Lincoln unjustly imprisoned.
Dennis Burke, of Boston. Convicted of robbery. Sentenced for
one year in the house of correction.
Pardoned because the district-attorney finds the principal witness
against Burke was the real culprit, and that there is no evidence that
Burke took or received any of the money stolen ; and it is the opinion
of the district-attorney that the cause of justice will be advanced by
the pardon of Burke.
. Ellen Atkins, of Boston. Convicted of keeping a house of ill-
fame. Sentenced to the house of correction for one year.
Pardoned because it was shown that she was complained of tor
the purpose of preventing her testimony being given in a case to be
tried in the county of Middlesex, which testimony it was believed
would lead to the conviction of a noted incendiary and burglar.
Albert Statia, of Springfield. Convicted of passing counterfeit
money. Sentenced to one year and six months in the house of
correction.
Pardoned for the reason that he was very sick with consumption,
and it appeared from the testimony of the physician of the house of
correction and from the testimony of other physicians that he could
live but a short period, and that humanity demanded his release from
imprisonment.
John Wahlow, convicted of robbery in Suffolk County in 1857.
Sentenced to the state prison for five years.
On the representations of certain Avell-known responsible parties,
friends and relatives of the prisoner, and on the personal application
GOVERNOR'S ADDRESS. 247
of liis brother, who came to this Commonwealth from Hamburg to
sohcit his brother's release, he was pardoned on condition tliat he
should immediately, within forty-eight hours, leave the country. The
Danish Consul at this port became responsible for his departure
within the time specified.
John Goodrich, of Sheffield, was arraigned for the crime of rape.
The jury disagreed, and at a new trial he plead guilty to an assault,
but not guilty of the crime of rape. Sentenced to three years in the
house of correction in Berkshire County.
Pardoned because of statements of the district-attorney, that he
was instrumental in inducing the prisoner to plead guilty to an
assault, and that it now is his opinion that he was convicted of a
crime he did not commit, and because of an affidavit of a I'espectable
citizen of Sheffield, as to the present character of the person alleged
to have been assaulted.
•Hollis Bolton, of Westminister, convicted of being a common
seller of intoxicating liquors, sentenced to three months imprisonment
in the house of correction, and fined fifty dollars and costs, amount-
ing to eighty-eight -^^^q dollars, to stand committed until the fine and
costs were paid.
Pardoned, after being imprisoned seven months, for the reason
that, although he had no property of any value, he had an unexpired
equity of redemption in a small estate. The original complainants,
and the selectmen of Westminister, asked for his pardon, also the
district-attorney of Worcester County, and because he is pledged
never again to resume his former business.
Patrick McKenna, of Boston, convicted of larceny ; sentenced to
the house of correction.
Pardoned because it was shown that he was very sick of an in-
curable malady and could survive but a few weeks.
Henry T. and John Burrell, of Lynn, convicted of burglary, and
sentenced to the house of correction at Lawrence for two years.
Pardoned, after having served nearly one-half their sentence,
because two of the jury that convicted them now believe them inno-
cent. They were convicted on the testimony of an accomplice, who
was corroborated by his wife, in whose possession the stolen property
was found ; their petition was signed by a large number of the most
respectable citizens of Lynn, who testified to their peaceable and
industrious characters before their arraignment for the crime
charged, and because of theii* orderly conduct and attention to busi-
ness since their conviction. It was believed that the interests of the
Commonwealth and the welfare of the prisoners would be best sub-
served by then- pardon.
Wilbur Davis, of Ludlow, convicted of larceny, to which crime he
plead guilty ; sentenced to three months imprisonment in the house
of correction.
Pardoned because he was but sixteen years of age and it was
clearly shown that the boy had no intention of committing a larceny,
but only a trespass. That he had no friends or counsel at his trial,
and the poUce justice by whom he was sentenced now states that,
248 GOVERNOR'S ADDRESS.
had the circumstances of the case been made known at the trial he
should not have convicted him.
William Barnard, of Boston, convicted of larceny in 1857 : sen-
tenced to State prison for five years.
Pardoned because he was sick of consumption and could live but
a short time, having been confined to the prison hospital three
months, and it was the opinion of the physician that he could live
but a few days.
George F. Brown, of Springfield, convicted of larceny : sentenced
to two and one-half years imprisonment in the house of correction.
Pardoned upon the fact being established that Brown was in con-
sumption and could live but a short period of time. He had been in
prison about one year.
Michael Lynch, of Boston, convicted of larceny in 1854: sentenced
to the State prison.
Pardoned because he was far advanced in consumption, and in the
opinion of the physician " his death is near."
Daniel Quinlan, of Boston, convicted of assault and battery : sen-
tenced to the house of correction.
Pardoned because a committee of the council found that the pris-
oner was in the last stages of consumption, having lost the power of
speech, and that humanity demanded his release.
Catharine Tripp, of Boston, convicted of an assault, and sentenced
to pay a fine of $4 and costs of prosecution, and to be confined in jail
until the said fine and costs were paid.
Pai'doned at the request of the district-attorney and othei'S, because
of the severe illness of a daughter five years of age, of typhus fever.
The prisoner had been in jail seven weeks.
David Powei's, of Boston, convicted of an assault and of an assault
upon an otficer ; sentenced to six months in the house of correction
for the assault, and eighteen months in the house of correction for
the assault upon an officer.
Pardoned because the principal witness now alters his statement
of the facts of the assault being an aggravated one, and on petition of
the presiding judge and others who sentenced Powers, who states
that, had the witness made the statement he now makes, he should
have given a very light sentence.
SPECIAL MESSAGES. 249
SPECIAL MESSAGES.
THE FOLLOWING SPECIAL COMMUNICATIONS WERE MADE BY HIS
EXCELLENCY THE GOVERNOR, TO THE LEGISLATURE, DURING
THE SESSION ENDING APRIL FOURTH.
[To the House of Representatives, February 24.]
Ill obedience to an order of the house of representatives
of tlie twentieth instant, I have the honor to transmit here-
with a copy of the report of the attorney-general and the
counsel on behalf of the Commonwealth in the matter
of the proceedings in equity now pending in the supreme
court between the Commonwealth and the state of Rhode
Island.
[To the Senate, March 19.]
In answer to an order of the senate, presenting the
inquiry whether, in the opinion of this department, G. M.
Weston, the agent of the state of Maine for the recovery of
the war debt due the states of Massachusetts and Maine,
has any legal claim upon this Commonwealth for services
rendered in the prosecution of that claim, I have the honor
to present the following statement :
Early in the year 1858, Mr. Weston, then acting asjagent
for the state of Maine, at Washington, for the prosecution
of the war claim, solicited the co-operation of this govern-
ment, by the appointment of an agent who would, as a rep-
resentative of Massachusetts, aid him in the prosecution of
the debt. I at once consented to lay the subject before the
legislature at its approaching session, if it should appear
that there was a possible chance of obtaining a payment so
long deferred, and also assured him that I should be willing
to select Mr. Hanscom, whose appointment Mr. Weston
desired, on the ground that he had been consulted by him,
and that they had acted together in all matters appertaining
to the claim at that time.
Pursuant to authority conferred by the legislature, and in
accordance with the request of Mr. Weston, Mr. Hanscom
was appointed agent for this state. No other person has
32
250 SPECIAL MESSAGES.
been appointed, commissioned, or authorized to act for this
state in any manner whatever in the prosecution of this
claim. No other authority was conferred upon Mr. Hanscom
than that contained in the fact of his appointment, and no
condition was annexed thereto, except that no claim was to
be made upon the treasury for his services, unless some
portion of the debt was recovered.
Before the appointment of an agent on the part of this
state, some fear was expressed that if no agent was appointed
by Massachusetts, the recovery of the claim would leave the
state of Maine in an embarrassing and awkward position, if
Massachusetts should receive two-thirds of the money, and
bear no part of the expense. I did not hesitate to assure
the agent of Maine, that, in such event, I should recommend
to the legislature to assume its full share of the burden
incurred by the state of Maine, with any advantages that
might follow from the recovery of the claim. I have the
honor to transmit to the senate the correspondence upon
this subject. The contingency feared, however, did not
occur. The agent was appointed, and the state of Maine
has made no request for contribution for expenses on the
part of this state.
If the state of Maine had incurred expenses for the
recovery of the war debt from which Massachusetts derived
large advantages, I should unhesitatingly recommend the
legislature to assume, upon the request of that state, her
proportional share of tlie burden.
if the agent of Maine, acting without authority of this
state, has conferred upon Massachusetts, while in the service
of Maine, important advantages, it would seem to present
an equitable claim for compensation. Whether it be so in
the case presented is a subject exclusively for the considera-
tion of the legislature, as it is the only department of the
government which has authority to recognize the service, or
to estimate its value.
[To the Senate, March 26.]
A bill entitled " An Act concerning the Militia," has
been transmitted to this department from the senate, for
examination and approval. The purpose of the bill, and
so far as it may attain the form of law iiereat'ter, its apparent
legal effect, will be to cliange in a material degree the basis
of enrolment in the militia of this Commonwealth. I do
.^^ not think tliis to be witiiin the constitutional power of the
legislature, and I therefore return it to the senate, in which
it originated, without the forms of executive approval.
SPECIAL MESSAGES. 251
The constitution of the United States gives to congress
in express terms the power, " To provide for calling forth
the militia to execute the laws of the Union, suppress insur-
rections and repel invasions: To provide for organizing,
arming and disciplining the militia, and for governing such
part of them as may be employed in the service of the
United States ; reserving to the States res})ectively the
appointment of the officers, and the authority of training the
militia according to the discipline prescribed by congress."
Art. 1, § 8. "^
No provisions of the constitution are more clearly expressed
or less liable to doubtful or erroneous construction. In
accordance with the demands of both the framers of the con-
stitution and the people who accepted it as their form of
government, the line is distinctly drawn between the powers
conferred upon the national government and those reserved
to the States.
Congress has power to call forth the militia of the States
in three specified cases only: 1st. To enforce the laws of the
Union ; 2d. To suppress insurrection ; 3d. To repel inva-
sions ; and to provide for organizing, arming, and disci-
plining the militia. The authority to organize, arm, and
discipline the militia, and to govern such portion as shall be
employed in the service of the United States, is essential to
the exercise of the power fi"rst given — that of calling forth
the militia in the cases specified in the constitution ; and
without this authority, in the absence of a regular army, the
national government would be deprived of any power of its
own to enforce law, to suppress insurrection, or to repel an
invader. It was to avoid the necessity of relying upon a
regular army, for the purpose of maintaining its laws, author-
ity, and jurisdiction, that the framers of the constitution
authorized congress to provide for organizing, arming, and
disciplining the militia of the States, and for calling them
forth in certain cases ; an authority carefully guarded and
restricted, by express declaration, to the prime necessity of
every government, that of maintaining its own existence.
The authority to organize is an authority to establish, to
found organically. It necessarily embraces as a primal ele-
ment, the power to declare wdio shall be included in and
who shall be exempted from the service vipon which the
national government must depend for the maintenance of
law, the suppression of insurrections, or to repel invasions.
This power has been exercised by congress. An act
approved May 8, 1792, entitled "An Act more effectually to
provide for the national defence by establishing an uniform
252 SPECIAL MESSAGES.
militia throughout the United States," has distinctly specified
the persons who are to be enrolled in the militia, and those
who are exempt from the service. No State government has
power under the constitution to change in any material man-
ner the condition or provisions for enrollment or exemption,
except it be conferred vipon the State by authority and act
of congress.
In the statute of 1792, establishing an uniform militia
througliout the United States, after naming certain classes
of persons who are exempt from enrollment, it is provided,
that " all persons who now are or may hereafter be exempted
by the laws of the respective States, shall be and are hereby
exempted from militia duty, notwithstanding their being
above the age of eighteen and under the age of forty-five
years." (Act of 1792, § 2.) But no authority is given in
any manner whatever to change the basis of enrollment by
State legislation, except by the power of exemption conferred
upon the States by act of congress ; and it is obvious that an
attempt to exercise this privilege of exemption by the States
in such a manner as to impair or defeat the power of con-
gress over the militia within the limits specified in the con-
stitution, would be followed by an immediate withdrawal of
the privilege itself, and thus re-establish the exclusive right
of enrollment and exemption vested in congress by the con-
stitution.
This construction of the constitutional powers of congress
over the militia, does not deny or conceal the fact of the
existence of a militia in the States previous to the enactment
of the statute providing for establishing an uniform militia
throughout the United States. On the contrary, the act itself
recognizes the pre-existence of such militia forces in the
States, and makes provision for the preservation of sundry
corps of cavalry, artillery and infantry, then existing in the
several States — in the State of Massachusetts among others —
which by the laws, customs and usages thereof had not been
incorporated with the militia, and declares that such corps
shall retain their accustomed privileges, subject nevertheless
to all other duties required under the act of the militia.
The bill which is transmitted to me is obviously intended
to effect a change in the basis of militia enrollment thus
established, without reference to the conferred privilege of
exemption, by a material and important change in the
description of the classes of persons to be enrolled.
I am constrained to say, after mature deliberation, with a
feeling of deferential respect for the opinions of the legisla-
ture, and the strongest desire to concur in all its acts, that
SPECIAL MESSAGES. 253
such legislation is in contravention of the rights of congress
and of the authority of the constitution of the United States ;
and for this reason I return the bill to the senate, in which
it originated, without approval, for the further consideration
of the legislature, in accordance with the forms prescribed
by the constitution.
I find great satisfaction in performing this unpleasant but
important duty, in the belief that the conclusion is supported
by an uninterrupted series of decisions of the highest judicial
tribunal of this Commonwealth, for a period of nearly half a
century. In no instance, so far as I am instructed, has it
been questioned by the courts of this Commonwealth, that
the power of enrollment and exemption as to service in the
militia is exclusively vested in congress by the constitution
of the United States. In two instances has this opinion been
so clearly expressed by the supreme judicial court, — a period
of forty years intervening between the decisions, and each
court representing a tribunal of as high authority, within
and beyond this State, as any in the land, — that I cannot
forbear a reference thereto, and a request that the legislature
shall vouchsafe a more careful consideration of these judicial
expositions of this question by Massachusetts tribunals, and
of the current of intervening and earlier decisions upon the
same subject by the same tribunals.
A citizen of Essex County was adjudged by a justice of
the peace for that county to pay a fine for neglecting to
attend in May, 1819, a muster of a militia company, in which
he had been enrolled. The defendant was master of a
schooner duly licensed for the cod fishery, and claimed that
he was not liable to militia service, by an express act of con-
gress, which exempts " all mariners actually employed in
the sea-service of any citizen or merchant within the United
States." It was contended for the Commonwealth, that the
statute of this State, 1814, chapter 63, expressly made fish-
ermen liable to militia duty. Chief Justice Parker, in deliv-
ering the opinion of the court, said: — "If Douglas, the
respondent, was at the time the militia service required of
him ' a mariner actually employed in the sea-service of any
citizen or merchant of the United States,' he was exempt
from military duty." " To ascertain what constitutes a
mariner, within the meaning of the statute of the United
States, above alluded to, recurrence must be had to the laws
of the United States ; because as to the regulations of the
militia and of the sea-service those laws are by the consti-
tution paramount."
254 SPECIAL MESSAGES.
" 111 1811 the legislature of this Commonwealth by law
exempted mariners of this description from militia service.
This statute was merely declaratory, in order to remove
doubts and difficulties from the. minds of those whose duty
it was to see to the execution of the militia laws, for if
mariners, they were exempt by the paramount laws of the
United States. But in 1814, the law was repealed, and
fisliermen of this description were again attempted to be
made liable. This also is a declaratory law ; and nothing
more can be inferred from either statute than that the legis-
lature of one year construed the laws of the United States
differently from the legislature of another year. Our deci-
sion IS TO BE FOUNDED ON THE CONSTITUTION AND LAWS OF THE
United States." Commonwealth vs. Douglas, 17 Mass.
Kep., 49.
It is impossible to present a stronger recognition of the
paramount nature of the laws of the United States, as to the
regulation of the militia ; and it would be difficult to imagine
a case more forcibly illustrating the invalidity of State legis-
lation when conflicting with that of congress upon this sub-
ject. The act of congress of 1792 gave the State the right
to say who, in addition to the exempts named therein, should
be relieved from'militia service. The legislature not choosing
to exercise that right, by express enactment declared that
fishermen should not be exempted, and the supreme court
by unanimous judgment disregarded the act as in contra-
vention of the laws of the United States. " Our decision,"
said Chief Justice Parker, "is to be founded on the consti-
tution and laws of the United States."
An opinion of the supreme judicial court, delivered at the
request of the governor and council, December 23, 1859,
signed by the chief justice and four associate justices, and
approved substantially, as I am informed, by the remaining
justice, presents in more forcible language and with more
elaborate reasoning the same view of the paramount charac-
ter of the laws of the United States upon the organization
of the militia.
After a brief but comprehensive view of the nature and
character of the government of the United States, with an
historical allusion to the establishment of the militia and a
reference to the provisions of the constitution bearing upon
this subject, the opinion which I have the honor to transmit
herewith to the senate concludes with the following decla-
ration : —
" The general government having authority to determine who shall and
who may not compose the militia, and having so determined, the State
SPECIAL MESSAGES. 255
government has no legal authority to prescribe a different enrollment.
This power was early carried into execution by the act of congress of
May, 1792, being " An Act more effectually to provide for the national
defence, by establishing an uniform militia throughout the United States."
This act specially directs who shall be, and, by necessary implication, who
may not be enrolled in the militia. This is strengthened by a provision,
that each State may by law exempt persons embraced in the class for
enrollment, according as the peculiar form and particular organization of
its separate government may require; but there is no such provision for
adding to the class to be enrolled.
We are thei-efbre of opinion, that the legislature of this Commonwealth
cannot constitutionally provide for the enrollment in the militia of any
persons, other than those enumerated in the act of congress of May, 1792,
herein before cited.
We do not intend by the foregoing opinion to exclude the existence
of a power in the State to provide by law for arming and equiping
other bodies of men, for special service of keeping guard, and making
defence, under special exigencies, or otherwise, in any case not coming
within the prohibition of that clause in the constitution, article 1, section
10, which withholds Irom the State the power " to keep troops ;" but such
bodies, however armed or organized, could not be deemed any part of
" the militia," as contemplated and understood in the constitution and
laws of Massachusetts and of the United States, and as we understand, in
the question propounded lor our consideration.
Nor is this question, in our opinion, affected by the article 2 of the
amendments of the constitution, of the following tenor : — " A well-regulated
militia being necessary to the security of a tree State, the right of the
people to keep and bear arms shall not be infringed."
This, like similar jirovisions in our own declaration of rights, declares a
great general right, leaving it for other more specific constitutional pro-
vision, or to legislation, to provide for the preservation and practical secu-
rity of such right, and for influencing and governing the judgment and
conscience of all legislators and magistrates, who are thus required to
recognize and respect such rights.
In answer to the second question proposed, we are of opinion that the
act of congress above cited, as to all matters therein provided for, except
so far as it may have been changed by subsequent acts, has such force in
this Commonwealth, independently of and notwithstanding any State
legislation, that all oilicers under the State government, civil and military,
are bound by its provisions."
I have the honor to transmit to the senate, also, an opinion
of the present attorney-general of the Commonwealth, dated
December 15th, 1859, upon the power of the legislature to
provide for the enrollment in the militia of any persons other
than those enumerated in the act of congress approved
May 8th, 1792:
•
" The power of congress having been exercised by the enactment of the
statute of 1792, which, so far as relates to the enrollment of the militia, is
still in force, all State legislation upon the same subject matter is wholly
nugatory and void. To provide by a law of this Commonwealth that a
different class of men shall be selected for mihtia duty from those specified
by an act of congress, constitutionally passed in the exercise of a power
distinctly granted, is a violation of the paramount law of the land. The
256 SPECIAL MESSAGES.
militia thus enrolled are the militia who, under federal authority, may be
called upon to suppress insurrection, or repel invasion. They are the
militia to whom the arms and munitions of war, provided by the federal
government, are intrusted, conformably to the laws of the United States.
They are the militia whose organization, according to a uniform system,
is contemplated by the constitution. But how can that uniformity be
secured, if the laws of the United States are not to be obeyed V There
may be one standard lor Maine and another tor California. The effi-
ciency of the system may be wholly impaired by the enrollment of too small
a number, or by including those of infirm age or feeble health. But illus-
trations need not be multiplied in so clear a case. Any State law, estab-
lishing a different standard oi' enrollment from that established by a law of
congress, is so far unconstitutional and void." — Oj)inion Attorney- General
Phillips, December 15, 1859.
In view of principles of constitutional law, that in my
judgment admit of but one construction, and in the face of
such judicial opinions as those to which I have referred,
directly bearing upon the questions involved in this measure,
I am unable to give it my approval. I appreciate and respect
the obligations which rest upon the executive department
to concur with the legislature in measures deemed necessary
for the public welfare, and in some instances I have given
an official approval to acts which my individual judgment
would not altogether sustain.
In this instance, however, the conflict with constitutional
duty is so palpable, the violation of the uninterrupted and
uniform decisions of the judicial tribunals of this Common-
wealth is so manifest, and the proposition harmonizes so
imperfectly with what appears to me to be the settled opin-
ions and c(3nstitutional traditions of the people, that I prefer,
if it is to be enrolled among the statutes of the Common-
wealth, it shall stand without the ordinary forms of law.
[To the House of Representatives, March 27.]
The harbor commissioners' line between Yinal's Wharf, so
called, and West Boston Bridge, established by an act ap-
proved March 17, 1840, from imperfect description in the
statute and extensive improvements in that locality, cannot
now be correctly determined by the monuments referred to
in the act or the harbor commissioners' plans. A new sur-
vey of this part of the line has been ordered at the request
of the city of Boston, and plans of the engineer are herewith
transmitted. Tiiey delineate, as far as possible, the line
established by the original survey. If it sliall be confirmed
by the legislature, the subject will be relieved of doubt or
difficulty hereafter, and I therefore commend it to the con-
sideration of the house of representatives.
SPECIAL MESSAGES. 257
[To the House of Representatives, April 3.]
I have the honor to communicate to the house of repre-
sentatives a letter from the attorney-general of the Common-
wealth in relation to a bill transmitted to this department
for consideration and approval, entitled " An act concerning
the supreme judicial court for the counties of Middlesex,
Essex, and Bristol."
I understand there is no objection to the original and
obvious purposes of the bill ; but some inaccuracies are
thought to exist in the descriptive references made to the
terms of tlie court already authorized by law, and those now
proposed, which will justify further consideration on the
part of the legislature, and may require correction and
amendment. For this purpose, I return the bill to the house
of representatives, in which it originated, without executive
approval.
[To the House of Representatives, April 4.]
A resolve entitled " A Resolve in favor of the Town of
Florida," transmitted to this department for approval,
authorizes an appropriation of 1112.94 in favor of the town,
which is made according to a statement embodied in the
resolve, in consideration of the fact that said town is unable
to bear certain expense, amounting to the above named sum,
incurred in the support of John Conklin, a state pauper.
I do not think it just that a declaration of this character
against any town of this Commonwealth should be placed
upon the statute book unless the town itself admits its truth
or some positive information is in possession of the legislature
which requires a statement of the fact.
It does not appear from the papers accompanying the
resolve, that either supposition exists in this case.
The town has paid the sum appropriated, and asks reim-
bursement upon the ground that it was a payment made for
the Commonwealth. It may or may not be a just claim, but
it does not appear that its payment can be justified upon the
"consideration" stated in the resolve. Tlie town of Florida
had in 1855 a population of more than six hundred ; its
property valuation exceeded in 1850 $145,000 ; it had in
1858 a public debt of only f517, and its annual industrial
product exceeds f 55,000.
Such a town cannot be said to be in tlie condition described
in the resolve, and for this reason I return it to the house,
in which it originated, without further approval.
33
258 SPECIAL MESSAGES.
[To the Senate, April 4.]
I have received from the senate a bill entitled " An Act
for supplying the city of Charlestown with pure water."
The object of the bill is sufficiently indicated by its title. It
is to supply the city of Charlestown with pure water. For
this no valid objection can be made. In many respects it is
one of the most important and necessary measures for pro-
moting the public welfare of a prosperous and enterprising
city.
The details of the bill so far as they relate to the execution
of the powers conferred, and the protection of private and
local interests, so far as I am able to judge, are unobjection-
able. There is, however, an incidental effect, which may
possibly result from the execution of this enterprise, not
contemplated nor desired by its friends, which calls for more
careful consideration than is given to ordinary subjects of
legislation. I allude to its effect upon the harbor of Boston.
It is well known that from encroachments of the sea and
other causes, changes are gradually occurring in the harbor
of Boston which may seriously impair its facilities for navi-
gation and render the ship channels less capacious and secure
tlian heretofore, for vessels of deep draught.
The true cause of such changes, so much to be deprecated
and so injuriously affecting tlie commercial interests and
prosperity of tlie Commonwealth, can only be ascertained by
minute and thorough scientific investigation into the different
results which have been produced in different portions of the
harbor, by restricting the flowage and lessening the volume
of river and tidal waters ; by reducing the water area of the
harbor ; by changes in the positions of prominent islands
and headlands, or by deviations in the direction and char-
acter of the main channels.
This work will necessarily be one of slow progress, of great
labor, and of considerable expense. It will require the
cooperation and aid of the government of the United States
to make it effective, both as to the survey, and the measures
hereafter to be adopted, for removing defects that may be
found to exist, and in the general work of preserving and
improving the harbor.
The president of the United States has ordered three of
the most competent officers attached to the bureau of engi-
• neers and coast survey department, to make thorough
scientific and practical surveys during the present year. A
preliminary report, developing the general plan of operations,
has already been made, and active field work will commence
as early as the season will admit.
SPECIAL MESSAGES. 259
In tracing the history of the changes in the condition of
the harbor, as exhibited by the various surveys tliat have
been made from 1817 to the present time, this commission
will be able to determine, by practical and scientific investi-
gation, the extent, character and tendencies of the altera-
tions that have taken place, both in the inner and outer
harbors.
After a careful consideration of the work assigned them,
the commissioners recommend, in a communication addressed
to the mayor of the city of Boston, dated January 23, 1860,
that no changes be made which will affect either the bed of
the rivers emptying into Boston harbor, or its reservoirs,
until they shall have had opportunity for further investiga-
tion, and additional means for a more detailed report ; and
they add, that they have no satisfactory information that the
case of Mystic River and Mystic Pond, can be safely made an
exception to this recommendation. In a subsequent report,
to which reference has been made, the commissioners repeat
tlieir recommendation, " that the existing water area should
be preserved until some principles and plans are recognized
and adopted, by which private interests may be subserved
without the sacrifice of the public good."
It would seem to be of the highest importance that any
measure which may ultimately or materially affect the chan-
nels of commerce or the harbor, should be deferred until the
commission appointed to investigate the subject, may be able
to ascertain its probable effect, unless an imperative public
exigency demands immediate action. No such pressing
public exigency seems to be presented in this case.
We can hardly claim or expect the hearty cooperation of
the government of the United States, in the preservation and
improvement of the harbor, which can only be effected by
large expenditures of public money, if, without sufficient
reason, and for the advantage of local improvements merely,
we adopt measures whose probable tendency is to impair
existing commercial facilities, and increase the obstructions
to navigation.
The seventeenth section of the bill provides for the appoint-
ment of a commission to direct the manner in wliich tlie
works shall be constructed, which are to shut out the flow of
tide water into Mystic Pond. This will of course require the
erection of a dam across Mystic River, at some point below
the pond. It cannot possibly be said that such a structure
can be erected, without affecting in some manner, and to
some extent, the harbor itself. In my own judgment, the
immediate and unavoidable influence will be injurious. The
260 SPECIAL MESSAGES.
harbor exists chiefly through its estuaries, reservoirs and
rivers. It is estimated that nearly a seventh part of the orig-
inal water area has already been cut off by legislation at
different periods.
It is undoubtedly true that the shrinkage of the water area
may not have produced a positive injury, but its tendency is
in that direction, and it suggests forcibly the inquiry whether
a further, immediate and most important reduction of the
area and flowage power whicb yet remains, is justifiable.
My own opinion is, that it is not. Others may well enter-
tain a different opinion, or propose compensations in the
form of excavations and artificial streams, in place of natural
rivers, to make good the reduced area, and tlie scouring
force of incoming and outgoing tidal waters. But so much
doubt must exist in the mind of every person who carefully
examines the subject, and weighs the evidence of competent
authorities as to the probable and possible effects of cutting
off the tidal waters from Mystic Pond, by Mystic River, as to
justify at least the post|)onement of the execution of this
local entei'prise, until another legislature shall assemble.
If it shall appear upon full investigation, that cutting off
the flow of tidal and fresh waters from JVIystic Pond and
Mystic River, by a dam across the stream, inflicts a palpable
injury upon the harbor, as to its capacities for commercial
intercourse between states and nations, an important consti-
tutional question may hereafter arise involving a conflict of
jurisdiction between the State and federal governments.
For the reasons I have suggested, I return the bill to the
senate without executive approval.
ADDRESS TO THE COUNCIL.
HIS EXCELLENCY THE GOVERNOR, UPON THE ORGANIZATION OF
THE EXECUTIVE COUNCIL, FOR THE YEAR EIGHTEEN HUNDRED
AND SIXTY, ON THE SEVENTEENTH DAY OF JANUARY, DELIV-
ERED TO THAT BODY THE FOLLOWING ADDRESS.
Gentlemen of the Executive Council :
The year upon which you enter offers sufficient employ-
ment for the brief legislative period which is now anticipated.
Whatever truth there may have been heretofore in the remark,
that the council is an ornamental branch of the government
merely, it is not likely to prove such at the present time.
A few suggestions upon the nature and character of the
principal topics which must be officially brought to your
notice, I trust will be neither ill-timed nor useless.
The original purpose of the council was to furnish to the
people of the colony a representation of their interests and
opinions in the executive department, at a period when
executive power was not only independent of tlie people,
but originated beyond the continent of America. In the
controversies with England, relative to the government of
the American colonies, the election of councillors was one
of the subjects of exasperated contest between the people
and the crown, and after English government ceased its
control here entirely, the council assumed direction of pub-
lic affairs, and exercised executive power until the establish-
ment of the constitution of the Commonwealth.
Although the relation of the council to the government
is essentially changed by the provisions of the constitution,
in some respects it remains the same. But the governor
and council now represent the same constituency, and are
elected at the same time, for the same period. One has a
negative upon some of the acts of the other, similar to that
which existed in the royal government.
The general duties prescribed by the constitution, are to
advise in the executive department of the government ; to
approve warrants on the treasury, to advise in calling together
262 ADDRESS TO THE COUNCIL.
or proroguing the general court, to advise and consent to
the appointment or removal of judicial and other officers, to
attend the administration of oaths of office to senators and
representatives, to examine returns of votes for State officers,
to advise upon the pardon of criminals, and to administer
the government in case the offices of governor and lieutenant-
governor shall be vacant.
Those required by the legislature are to advise in appoint-
ments for the criminal, reformatory and charitable institu-
tions ; upon the issue and disposition of State scrip, the
management of State funds, to examine the accounts of the
auditor and some other duties prescribed by statute.
In duties prescribed by the constitution, for the governor
and council, tlie division of power is distinctly set forth.
They are distinct and independent bodies, exercising very
different powers. In all executive acts referred to them,
one jiroposes, the other approves. In many of the duties
imposed by the legislature, reference is made in more gen-
eral terms to the governor and council, and the question
sometimes arises whether they decide as a unit or by con-
current action. It is hardly possible, however, that under
any circumstances their relations should be changed by an
act of the legislature, or that their action should be in any
case otlier than that of entirely distinct officers.
In addition to the routine functions of the council, there
are some special subjects of importance to be considered at
the present time. The first is the approval of bonds in favor
of the Troy and Greenfield Railroad Company, in aid of the
tunnel through the Hoosac Mountain. Three instalments
of the scrip authorized by the legislature have been issued,
amounting to $199,800. Other issues will be called for
during the present year, and will demand of the council
critical and thorough investigation of the progress of the
work, and the fulfilment of the conditions of the Loan Act.
The report relating to the State lands in Maine will also
require careful consideration. The interest of the State in
Maine lands has been very great. It has sold and alienated
nearly ten million acres, for which there has been paid into
the treasury more than three and a half million dollars.
The proposition now submitted to the governor and coun-
cil for approval, in the report of the legislative committee, is
to make a final settlement and surrender of all financial and
legal interests in the remnant of public lands now remaining
undisposed of, and the equitable adjustment of all outstand-
ing claims of the State, with parties holding the position of
purchasers or debtors. If the recommendation of the report
ADDRESS TO THE COUNCIL. . 263
be approved, it finally disposes of all interests of this State
in the public lands of Maine. This is a subject which
especially requires early and careful deliberation.
The legislature of 1859, (Resolves, ch, 103,) authorized
the governor and council, upon such considerations as should
seem to be equitable and just, to allow riparian owners to
extend wharves, to the commissioners' lines now or hereafter
to be established.
Various petitions for grants of this character have been
made, and others will undoubtedly be presented. The proper
compensation for such grants is a matter easily adjusted, but
the effect produced upon the harbor by a general acquiescence
in tlie requests of riparian owners, authorized by the terms
of the act referred to, merits a scientific investigation of the
most careful nature, in order, if possible, that its probable
influence may be known before the State by acts of legisla-
tive or executive character shall be committed to a policy
which may work an irreparable injury to the channels of
commerce. The harbor of Boston is of the greatest impor-
tance to the State, and its preservation and improvement is
one of the most imperative and important public duties.
It lias been customary for the council to make at least
one visitation annually, to the different charitable and cor-
rectional institutions of the State. In a single case only is
this required by law, but it has been thouglit to be within
the province of its members as advisers in the executive
department of the government, and it will probably be expe-
dient to continue tbis custom.
Although the council has no power to influence directly
the management of these institutions, yet the indirect influ-
ence which results from approval of rules and regulations,
appointing officers and establishing salaries, is such that a
careful scrutiny into their operations would seem to be a
legitimate duty ; and the institutions are now conducted
upon such enlarged scale, that this supervision is required
of every department of government.
The number of lunatics supported by the State in the three
lunatic hospitals is 415, and in the State almshouses 225 ;
making 640 insane persons in the State institutions. The
cost of maintaining those in the three lunatic asylums the
past year was '$72,396 ; that of insane paupers is between
eleven and twelve thousand dollars.
It is now beyond doubt, that one of the lunatic asylums
could be dispensed with without detriment to patients or the
State. That is impossible, however, upon other considera-
tions, and it remains only to be ascertained in what manner
264 ADDRESS TO THE COUNCIL.
the noble purposes of the State can be most effectually
secured.
Classification of patients is one of the most obvious and
important means of success. There is little to be desired
in this respect, so far as any one of the institutions is con-
cerned, but it is worthy inquiry, whether a more thorough
classification, as it regards the several institutions, could
not be effected with advantage to the several classes of
patients, and in a financial view, to the State.
Native and foreign born patients are of different education,
habits, and character. With one race, persuasion, with
another, authority, is more efficacious. 1 think it will be
conceded by those most thoroughly acquainted with the
treatment of lunatics both in this country and in Europe,
that a separation of such classes, and provision for attend-
ants of the same education and race, would have a beneficial
effect upon both, and upon the general interest of the insti-
tutions.
It is also to be considered whether a more general classi-
fication of patients, as to the probability of recovery, may
not be made with reference to the several institutions, upon
the plan now adopted in each. The number of incurables,
for instance, in all the institutions, is equal to one-half the
number of State patients, and it remains yet to be seen
whether a more systematic and economical arrangement,
with reference to class and condition, may not be made. I
am persuaded that such a course would materially improve
the condition of the institutions, and relieve the treasury.
It has operated well in the management of the almsbouses,
so far as it has been adopted with reference to children.
Nearly half of the children have been placed at Monson, of
whom 139 have been furnished with good homes in the
families of that part of the State during the past year. I
have the honor to present to the council a statement of the
number of persons supported in the various institutions,,
and the individual and aggregate cost to the State.
The re-organization of the State Reform School, and the
appointment of trustees of the nautical branch of the school,
will naturally call the attention of councillors to this subject
as to schools connected with other institutions. It is of the
highest importance in the re-construction of the school at
Westborough, and in the organization of the nautical school,
that a system of government shall be adopted, and principles
of admission and discharge established, which will secure
the olvjects of the founders of the institution, and contribute
most effectually to the reformation of pupils. •
ADDRESS TO THE COUNCIL. 265
One of tlie indispensable conditions of such a result is that
in i-egard to numbers. Tlie school should be brought within
reasonable limits. In this respect and as to the circum-
stanees under which pupils have been sent, the school at
Westborough has not been altogether fortunate, as will
appear from the reports of the institution. Tiie year before
the fire there were at one time 639 pupils, and an average
of 590 throughout tlie year. Such a number makes the
institution unwieldy, and defeats its purpose. This number
of boys could not have been brought together in this institu-
tion but by a departure from the original purpose of the
founder and of tlie State. It was first intended that boys
should be sentenced by the courts alone, and for crimes
against law. By the statute of 1847 every justice of the
peace was made a committing magistrate, and the character
of offences punished by sentence to the school, is seen in
the fact that of two thousand four hundred and nine
boys received previous to September 30, 1858, one thou-
sand and twenty-eight were sentenced for " stubbornness ;"
and if to this class is added those described as " idle,"
it makes one thousand one hundred and thirty-five, or very
nearly one-half of the number received since its founda-
tion. Some of these have been of that tender age, which,
in the language of the reports, fitted them rather " for
the nursery " than the rigid discipline of the relorm school.
Whatever failure there has been in the institution, has' orig-
inated chiefly in these facts. In other respects it has been
well governed.
The legislation of the last year has removed such difficul-
ties for tlie future, but the disability exists in the school at
the present time with no other change than that which arises
from diminished accommodations. It seems to me that
without waiting the slow operation of recent legislation, the
school should be reduced to reasonable limits whenever it
can be done without detriment to the principle upon which
it is founded, the purpose of its founder, or the interests of
the State.
In all cases, in which the governor is authorized by the
constitution to grant pardons, it is provided by statute legis-
lation, (ch. 177, § 12, new code,) that by and with the advice
of the council, upon petition of the person convicted, the
pardon may be granted upon such conditions and subject to
such limitations and restrictions as may be thought expedi-
ent. And he may issue his warrant to all proper officers
to carry into effect such conditional pardon, instead of the
sentence originally awarded.
34
266 ADDRESS TO THE COUNCIL.
There are some petitions before me for the release of pupils
now detained in this institution, who are not sentenced for
crimes against law, and who are of such tender age as to
preclude the possibility of danger to the public from their
release, for whom homes can be provided and security given
for their proper education and observance of the laws. It
seems to me that in such cases, the sentence of law should
be remitted. A tolerably correct family home is better for
very young boys than the best public institution, and I
respectfully press upon the council the consideration, whether
in view of the present condition of the school, where satisfac-
tory sureties may be given for the proper training and edu-
cation of such boys by parents, guardians or friends, it is not
expedient by remission of sentence to bring the institution
within the limits contemplated by recent legislation, and
which its future success imperatively demands.
I am happy to say that the course adopted last year in
relation to pardons has produced satisfactory results. It has
greatly reduced the number of pardons and the number of
applications. But a more important effect of the change is
witnessed in the condition of the prisons. In tlie year 1858
there were 189 petitions considered and reported upon by
the council. Out of this numljer, 68 were approved. It is
manifest that with so large a number of applications pend-
ing, and others waiting their turn, that discontent and
uneasiness must be excited among the prisoners, either from
suspense or by denial of their request. The result was per-
ceptil)le in the impaired discipline of the prison at Charles-
town. Last year the prisoners were informed with kindness
but firmness that every thing should be done for their comfort
which the laws allowed, or the generosity of the State would
permit, but that the policy as to pardons would be essentially
changed.
The warden now informs me — and his statement is
" heartily indorsed " by all the contractors — that since the
change in the laws as to diet and clothing, and the general
abandonment, on the part of convicts, of an expectation of
pardon, or remission of sentence, once so prevalent among
them, the quiet of the prison, the contentment of prisoners,
and their disposition to labor has been greatly advanced, and
that the improvement, in these respects, between the present
and past years is most obvious. I have the honor to lay
this communication before the council. It appears also that
with an average of twenty-three more convicts than in 1858,
the number of punishments during the year was more than
one hundred less than in that year. These facts, with the
ADDRESS TO THE COUNCIL. 267
very marked improvement in the financial condition of tlie
prison, prove conclusively the wisdom of the course pursued.
In other respects its operation has been of greater impor-
tance. It is known by the council that pardons are some-
times urged, on the ground that it has been suggested to
jurors that their action was not final, and that in the event
of error the governor and council had a remedial jwwer, and
the responsibility would rest witli them. In some cases
jurors admit the conviction of persons charged with crime,
without positive proof of their guilt, and with an intention
to apply for their pardon, and in one instance it is certified
that a sentence of two years was imposed by the judge, with
the remark that the convict ought to be pardoned in one.
Such a procedure tends in many respects to relieve the courts
of the full measure of responsibility which should rest upon
those who convict persons charged with the commission of
crimes.
Under the former practice, when so many cases were
reviewed every year, it was not an unreasonable expectation,
but with the present practice of the council, the full measure
of responsibility in every department of the government, for
its action, is likely to be established. No greater wrong can
be inflicted by the State than the conviction of an innocent
man, under the impression that he may be pardoned if the
verdict is erroneous. It is infinitely better that guilty men
should escape, than that one innocent man should be
destroyed.
The expectation of pardon on the part of so many persons,
affects those who are tempted into crime, as well as those
convicted, and enters into the calculations of the chances of
escape.
Tiiere are few persons, I am informed, who are received
at the correctional institutions, who do not entertain liope
of pardon, generally, at the expiration of half the term of
sentence. This will be corrected, in a great degree, by the
course pursued the last year, and as soon as this expectation
is removed, a more liberal exercise of executive clemency
can be with safety admitted. It has also gratified me to
learn that instead of its being understood by jurors that the
responsibility of conviction is shared with them by the par-
doning power, it has been lately urged upon them that a
conviction must be made upon their responsibility, and upon
their verdict, unless important facts should be elicited, not
presented to them.
The severity and inequality of sentences is a subject of
remark in the prison reports. The certainty of punishment
268 ADDRESS TO THE COUNCIL.
is mucli more efficacious in restraining and reforming crimi-
nals, than its severity. It is of course impossible that, in
every case, an exactly equable standard of punishment can
be established, but there seems to be opportunity for improve-
ment in this respect, which will strengthen the arm of justice,
at the same time leave prisoners without reasonable grounds
of complaint, and improve the discipline of correctional
institutions.
The establishment of the fact, that the sentence of the law
is to be executed in good faith — unless extraordinary reasons
for a different course are presented — will tend to this most
desirable and just result ; for it can hardly be denied that
hitherto on the part of convicts, the keepers of prisons, and
the public, the expectation lias been different. I have here-
tofore suggested, that tlie opportunity of review of sentence,
by the full bench of the court in which sentence was pro-
nounced, might be allowed without detriment to the cause
of justice. But it is true, nevertheless, that to correct this
alleged grievance, it must be understood by all parties inter-
ested, that the sentence of the law when pronounced is to be
enforced.
I have thus, gentlemen, presented some of tlie subjects
brouglit to our consideration by the constitution and laws.
It will afford me the highest pleasure to cooperate with you
in all measures, and I anticipate in the discharge of my
duties, important assistance from tlie sound judgment, exten-
sive acquaintance with public affairs, and patriotic spirit
which I am sure distinguishes those who represent the
people in the council of the Commonwealth.
ADDRESS TO THE COUNCIL.
269
COST OF SUPPORTING STATE LUNATIC PAUPERS-
PUPILS IN THE ASYLUMS FOR THE BLIND, DEAF
AND DUMB, AND THE IDIOTIC SCHOOL.
Previouwly to October 1st, 1859, the allowance foi' each State
lunatic was $3 per week for the first six months, and $2.75 per
week afterwards. Since that date it has been fixed at $2-50 per
week.
The number of State lunatics in the hospitals for the year
ending October 1st, 1859, was ......
In the State almshouses, .......
415
225
640
The cost of support of these parties in the almshouses, when
averaged with that of the paupers, is from 95 cents to $1 per week.
If considered alone, it might be as much as $1.25 per week, but
would not exceed that sum, with judicious management. The
number of incurables in all the institutions is probably not far from
400.
Cost of Support of State Paupers in the several Almshouses and
Rainsford Hospital.
Totals.
Cost per head.
Tewksbury Almshouse, ....
$38,594 61
$0 95
Bridgewater Almshouse, ....
31,728 91
1 00
Monson Almshouse, ....
32,137 66
95
Rainsford Hospital, ....
22,190 27
2 49
Total,
$124,651 45
The excess of cost at Bridgewater is due to the fact that about
150 of the inmates are insane and idiotic.
270
ADDRESS TO THE COUNCIL.
The wliole number supported, as well as the average number, will
be found in the following table :
,
Whole jjo.
supported.
Weekly Average.
1858.
1859.
Tewksbury, ......
Bridgewater,
Monson,
Rainsfoi-d Island,
3,026
1,768
1,943
633
^52
762
823
246
779
604
581
171
Totals,
7,370
2,783
2,135
Decrease in the whole number supported,
as compared with 1858,
Decrease in weekly average, .
2,486 or 25-j*^ per cent.
648 or 23^3- per cent.
While the number of admissions has decreased with the improve-
ment of business, the number of discharges has not correspondingly
decreased; hence, the number in these institutions on October 1st,
1859, is less by 341, or 16j§|y per cent. — the decrease being due to
their removal to their places of settlement.
The cost of supporting these institutions, for the year ending
October 1st, 1858 was $171,543.44, of which about $6,000 must be
deducted for repairs and permanent improvements, leaving a reduc-
tion in expense of about $4 1,000 for the past year.
The number of children in the almshouses, October 1st, 1859,
was as follows : —
Boys.
Girls.
Total.
Rainsford Island,
Tewksbury,
Bridgewater,
Monson,
3
165
117
237
8
102
97
141
11
267
214
378
Totals,
522
348
870
Whole number of adult paupers, October 1st, 1859, was 913.
ADDRESS TO THE COUNCIL.
The amount paid to the Asyhim for the Bhnd, being an
appropriation therefor, was ....
The number of pupils for 1859, .
The amount paid the Idiotic School, being an appro-
priation therefor, was ......
The number of pupils for 1859, .
The amount paid for the support of inmates at the
Asylum for the Deaf and Dumb at Hartford, was
Of which was expended for clothing, .
The rate of payment is $100 per annum for each pupil
The whole number of pupils for the year has been
And the average number, about ....
The cost of supporting the State lunatics has been, at
271
$12,000 00
60
$7,500 00
51
],2U 71
558 05
78
77—
Taunton,
Worcester, .
Northampton,
. $28,008 32
. 19,877 35
. 24,510 33
At State almshouses, as nearly as can be estimated,
Total cost of lunatics, .....
E. E.
$72,396 00
14,625 00
&87,021 00
H B. WHEELWRIGHT.
To His Excellency Gov. Baisiks.
Boston, Jan. 11, 1860.
272
ADDRESS TO THE COUNCIL.
PROM WARDEN OP STATE PRISON.
To His Excellency Nath'l P. Banks, Governor, ^c.
In answer to your note of this morning, I can state with great
confidence that since the change in the laws, relating to diet and
clothing, and the abandonment of the expectation of remissions in
sentences, once so prevalent among the jjrisoners, " that the degree
of quiet, contentment and disposition to labor," has been greatly
advanced, and the improvement in these respects between the present
and past years is most obvious.
Respectfully,
GIDEON HAYNES, Warden.
State Prison, Charlestown, Jan. 10, 1860.
The undersigned, contractors for the labor of convicts at the
Massachusetts State Prison, heartily indorse the opinion of the
Warden as above.
AMERICAN WHIP CO.,
By L. Hull.
HEMAN S. DOANE.
CHAS. S. BREED.
EDWARD LAWRENCE.
PARDONS
Pardons.
Commutations.
Executions.
44
1
1
42
-
2
51
_
-
88
-
_
55
-
1
56
3
1
70
1
1
70
1
_
56
_
_
68
2
1
21
—
-
1849,
1850,
1851,
1852,
1853,
18.54,
1855,
1856,
1857,
1858,
1859,
ACTS AND RESOLYES
PASSED AT THE
SECOISTD SESSIOnST
^^neral €avixt
I860
TOGETHER WITH
THE GOVERNOR'S ADDRESS.
35
The General Court of 1860, in virtue of a Proclamation of His Excel-
lency the Governor, assembled in the State House, on Wednesday, the
29th day of May, to consider the malady prevailing among the cattle of
the Commonwealth called Pleuro-Pneumonia, and was prorogued on
Tuesday, the 12th day of June.
ACTS,
SECODSTD SESSION,
1860.
An Act concerning banks. Chap. 214
Be it enacted hy the Senate and House of RepreKentatives in General Court
assembled, and hy the authority of the same as folloivs :
The time, when section first of chapter two hundred and Time extended.
nine of the acts of the hist session of tlrt) legislature shall
take effect, is hereby extended to the first day of December
next. Approved June 11, 1860.
An Act TO amend chapter one hundred and twenty-four of r'hnn 915
THE general statutes, "OF ARREST, IMPRISONMENT AND DIS- ^
CHARGE."
Be it enacted, cVc, as folloivs:
Section 1. Section five of chapter one hundred and section eve
twenty-four of the General Statutes is hereby amended by '^"^"^ **
inserting at the end of the first paragraph before the word
" First," the words " that he believes and has good reason
to believe."
Section 2. The fifteenth section of said chapter is hereby Section fifteen
111 i-i- • •! • 1 -I >/ 1 amended.
amended by stnkuig out in said section the words " the
magistrate wiio issued it or any other magistrate named in
section one," and inserting in place thereof the words
" some magistrate named in section nine."
Section 8. This act shall take effect from and after its
passage, ' Approved June 11, 1860.
An Act authorizing the appointment of certain directors Chop. 216
AND officers.
Be it enacted, §-c., as folloivs :
Section 1. Whenever any vacancy may occur during the Governor and
recess of the legislature, in consequence of death or resigna- vacancy.
276
I860.— Chapter 217.
tion or removal from the state, in the office of state director
of any corporation in which by law the state is authorized
to be represented, or in any office filled by election of the
legislature for which no other provision is made, the gov-
ernor, with the consent of the council, shall appoint some
suitable person to fill any such vacancy, who shall hold office
till the assembling of the legislature and until another shall
be chosen in his stead.
Section 2. This act shall take effect from its passage.
Approved June 11, 1860.
Chap. 211
Right of supply
and contract.
Right to lay
pipe.
Land and real
estate.
Distributing
pipe, hydrants,
&c.
Use of water.
Rents, &c.
Opening streets
and roads.
An Act for supplying the city of charlestown with pure
WATER.
Be it enacted, Sfc., as follows :
Section 1. The city of Boston is hereby authorized to
supply the city of Charlestown with pure water at such
prices and upon such terms and conditions as may be agreed
upon between said cities of Boston and Charlestown ; and
the city of Charlestown is hereby authorized to procure of
the city of Boston, as in manner hereinafter provided, a
supply of pure water for the use of the inhabitants of said
city of Charlestown ; and may contract with said city of
Boston for the price to be paid for said water.
Section 2. The city of Boston may, under the provisions
of the act for supplying the city of Boston with pure water,
passed March thirtieth, eighteen hundred and forty-six, lay
and maintain a suitable iron main or pipe from such of its
pipes or reservoirs, within or without said city, as they may
deem expedient, to such point in the city of Cliarlestown as
may be found most convenient to connect witli a reservoir,
or the pipes belonging to said city of Charlestown.
Section 3. The city of Charlestown may take and hold
by purchase, or otherwise, lands and real estate necessary
for erecting, laying and maintaining, and may erect, lay
and maintain such aqueducts, pipes, reservoirs, embank-
ments, water-ways, drains or other structures as may be
necessary or convenient to convey said water into, and for
the use of the said city of Charlestown. And for the pur-
poses of distribution may lay down pipes to any house or
building in said city, and may make and establish public
hydrants in such places as may from time to time be deemed
proper, and prescribe the purposes for which they may be
used, and may change or discontinue the same ; may regu-
late the use of the water within said city, and establish the
prices or rents to be paid for the use thereof. And the said
city may, for the purposes aforesaid, carry and conduct any
I860.— Chapter 217. ^ 277
aqueducts, or other works by them to be made and con-
structed, over or under any water-course, or any street,
turnpike road, railroad, highway, or other way, in such
manner as not to obstruct or impede travel thereon, and
may enter upon and dig up any sv^ch road, street, or way,
for the purpose of laying down said aqueducts or other
works, and for maintaining and repairing the same.
Section 4. The said city of Charlestown shall be liable Damages to pro.
to pay all damages that shall be sustained by any persons " '
in their property by the taking of any land, or by the con-
structing of any aqueducts, reservoirs or other works, for
the purposes of this act. And if the owner of any land
which shall be taken as aforesaid, or other person who shall
sustain damage as aforesaid, shall not agree upon the damages
to be paid therefor, he may apply, by petition, for the assess-
ment of his damages, at any time within three years from
the taking of the said land, as aforesaid, and not afterwards,
to the superior court in the county of Middlesex, unless
sooner barred as provided in the fifth section of this act.
Such petition may be filed in the clerk's office of said court,
in vacation or in term time, and the clerk shall thereupon
issue a summons to the city of Charlestown, returnable, if
issued in vacation, to the then next term of the said court,
and if in term time, returnable on such day as the said
court shall order, to appear and answer to the said petition ;
the said summons shall be served fourteen days at least
before the return day thereof, by leaving a copy thereof, and
of the said petition, certified by the officer who shall serve
the same, with the mayor or clerk of said city; and the said
court may, upon default or hearing of the said city, appoint
three disinterested freeholders of this Commonwealth, who
shall, after reasonable notice to the parties, assess the dam-
ages, if any, which petitioner may have sustained as afore-
said; and the award of the said freeholders, or of the major
part of them, l)eing returned into and accepted l)y the said
court, shall be final, and judgment shall be rendered and
execution issued thereon for the prevailing party, with costs,
unless one of the said parties shall claim a trial i)y jury as
hereinafter provided.
Section 5. Whenever any damages shall have been sus- judgment for
tained by any persons, as set forth in the fourth section of '^''"'''s''^'
this act, and such persons shall neglect to institute proceed-
ings against the city of Charlestown, accoi-ding to the pro-
visions of this act, for the space of five months, it shall be
lawful for the city of Charlestown to commence such pro-
ceedings, which shall go on and be determined in the same
superior court.
278 I860.— Chapter 217.
maimer as if commenced by the persons who shall have sus-
tained sucli damage ; and if sncli persons on receiving due
notice, sliall not come in and prosecute the proceedings so
instituted, judgment shall be entered against them, and they
sliall be forever barred from recovering any damages under
this act.
Trial by jury. ^ECTiON 6. If either of the parties mentioned in the
fourth section of this act shall be dissatisfied with the amount
of damages awarded as therein expressed, such party may,
at the term at which such award was accepted, or the next
term thereafter, claim, in writing, a trial in said court, and
have a jury to hear and determine, at the bar of said court,
all questions of fact relating to such damages, and to assess
the amount thereof; and the verdict of such jury being
accepted and recorded by the said court, shall be final and
conclusive, and judgment shall be rendered and execution
issued thereon, and costs shall be recovered by the said
parties, respectively, in the same manner as is provided by
law in regard to proceedings relating to the laying out of
highways.
Of petition to the Sfxtion 7. In every case of a petition to the superior
court for the assessment of damages, as provided in the
fourth, fifth and sixth sections of this act, the city of Charles-
town, by any of its officers, may tender to the complainant,
or his attorney, any sum that it shall think proper, or may
bring the same into court, to be paid to the complainant for
the damages by him incurred or claimed in his petition ; and
if the complainant shall not accept the same, with his costs
up to that time, but shall proceed in the suit, he shall be
entitled to his costs up to the time of the tender, or such
payment into court, and not afterwards ; and the said city
shall be entitled to recover its costs afterwards, unless the
complainant shall recover greater damages than were so
offered.'
^<.^\^^ ''°"''* *"" Section 8. For the purpose of defraying all the costs
and ex{)enses of constructing aqueducts and works necessary
and proper for the accomplislmient of supplying the city of
Charlestown with water, and all expenses incident thereto,
heretofore incurred or that may be hereafter incurred, the
city council shall have authority to issue from time to time,
scrip, notes or certificates of debt, to be denominated on the
face thereof " Water Bonds of the City of Charlestown," to
an amount not exceeding one hundred and twenty-five thou-
sand dollars, bearing interest at a rate not exceeding the
legal rate of interest in this Commonwealth, which shall be
redeemable at a period of time not less than ten, nor more
scrip.
I860.— Chapter 218. 279
than fifty years, from and after the issue of the said scrip,
notes or certificates, respectively ; and the said city council
may sell the same or any part thereof, from lime to time, at
public or private sale, or pledge the same for money borrowed
for the purposes aforesaid, on such terms and conditions as
the said city council shall judge proper ; and the said city
council may, for the purpose of meeting payments of such
interest as may accrue upon any certificate of debt, make
such farther issue of scrip, notes or certificates of debt, as
may be necessary therefor.
Section 9. The city council shall, from time to time, water rents.
regulate the price or rent for the use of the water, with a sinking fund.
view to the payment from the net income and receipts, not
only of the semi-annual interest, but also ultimately of the
principal of said debt so contracted, so far as the same may
be practicable and reasonable : and the occupant of any
tenement shall be liable for the payment of the price or rent
for the use of the water in such tenement ; and the owner Liability of occu-
thereof shall be also liable, if, on being notified of such use, pan tsaou owners
' ' , o ? of estate.?.
he does not object thereto ; and if any person or persons
shall use any of the said water within said city, without the
consent of said city, an action of tort may be maintained
against him or them, for the recovery of damages therefor.
Section 10. The city council may, from time to time, Rei^uiation.^ ana
pass such by-laws and ordinances as they may deem propei', ^-v-'^ws.
for the preservation and protection of any of the works
within said city connected with the supplying of the city of
Charlestown with pure and wholesome water, under and by
virtue of this act: provided, such by-laws and ordinances pr^.^jso
are not inconsistent with any laws of this Commonwealth,
or with the constitution thereof, subject at any time to be
repealed or modified by the legislature, and may also organize
a department with full powers for the management of such
works, and the distribution of the said water.
Section 11. The provisions of this act shall be void, ^ct to be ap-
unless submitted to and approved by the voters of iue city pj^^fi by voters
.i^^iy , •'of Charlestown.
01 Uliarlestown, at meetmgs held simultaneously tor that
purpose in the several wards, upon notice duly given at least
seven days before the time of holding said meetings.
Section 12. This act shall take effect from and after its
passage. Approved June 12, 1860.
An Act relating to banks. Chan. 218
Be it enacted, §'c., as follows :
Section 1. The provisions of the fortieth section of the Number of di-
fifty-seveuth chapter of the General Statutes, shall not be '"''''"■*
280 I860.— Chapters 219, 220.
construed to invalidate the acts of any bank or of any officer
of any bank, having at least five directors, provided such
bank shall comply with the provisions of said section on or
before the first day of December next.
Section 2. This act shall take effect from its passage.
Approved June 12, 1860.
Chan. 219 ^^ -^^^ ^*^ incorporate the first unitarian society in woburn.
Be it enacted, ^'c, as folloios :
Corporators. SECTION 1, J. B. Wiuu, Charles Choate, John Cummings,
Jr., E. W. Champney, George M. Ghampney, their asso-
Titie. ciates and successors, are hereby made a corporation by the
Powers, duties, uamc of " Tlic First Unitarian Society in Woburn ;" with
*""" all the powers and privileges, and subject to the duties
and liabilities, contained in chapter thirty of the General
Statutes of this Commonwealth.
Estate. , Section 2. Said corporation may hold real or personal
estate, exclusive of such meeting-house as they may here-
lucome, appiioa- after crcct or purchase, the annual income whereof shall not
*'"''• exceed two thousand dollars, and shall be applied to paro-
chial purposes.
Asfessment8 up- SECTION 3. Said corporatlou shall have power to assess
on pews. upon the pews in their meeting-house, according to a valua-
tion thereof to be first made and recorded by the clerk of
the corporation, such sums of money as may be from time
to time voted to be raised, for the support of public worship,
and for other j)arocliial purposes : and all such assessments
may be collected as provided by the General Statutes of
the Commonwealth.
Legal voters. Section 4. At all mcctiugs of the corporation, the pro-
prietors of the meeting-house, and no other persons, shall be
entitled to vote upon matters relating thereto.
itsalized*^ '^"'"S" Section 5. All the previous acts and doings of said
Right to sell real socicty, aud thc rccords thereof, are hereby confirmed; and
''^*'''* they are authorized and empowered to sell and convey any
and all real estate which they now have and occupy.
Section i6. This act shall take effect from and after its
passage. Approved June 12, 1860.
Chat). 220 ''^■^ "^^^ CONCERNING contagious DISEASES AMONG CATTLE.
Be it enacted, §'c., as follows:
Duty of mayor SECTION 1. The selcctmeu of towns and the mayor and
andseiectme^^'^ aldcrmeii of citics, in case of the existence in this Common-
wealth of the disease called pleuro-pneumonia, or any other
contagious disease among cattle, shall cause the cattle in
their respective towns and cities, which are infected, or
I860.— Chapter 220. 281
which have been exposed to infection, to be secured or col-
lected in some suitable place or places, within sucli city or
town, and kept isolated ; and, when taken from the posses- Expense of keep-
sion of their owners, to be maintained, one-fifth of the '°^ apportioned.
expense tliereof to be paid by the town or city wherein the
animal is kept, and four-fifths at the expense of the Com-
monwealth ; such isolation to continue so long as the exist-
ence of such disease, or other circumstances, renders the
same necessary.
Section 2. Said selectmen and mayor and aldermen, when infected animals
any such animal is adjudged by a veterinary surgeon or o°cier^ &"^''' ^^
physician, by them selected, to l)e infected with the disease
called pleuro-pneiimonia, or any other contagious disease,
may, in their discretion, order such diseased animal to be
forthwith killed and buried at the expense of such town or
city.
Section 3. Said selectmen and mayor and aldermen. Appraisal of
shall cause all cattle wliich they shall so order to be killed,
to be appraised by three competent and disinterested men,
under oath, at the value thereof at the time of the appraisal ;
and the amount of the appraisal shall be paid, as provided
in the first section.
Section 4. Said selectmen and mayor and aldermen. Departure and
within their respective towns and cities, are hereby author- prohibited.*"^
ized to prohibit the departure of cattle from any enclosure,
or to exclude cattle therefrom.
Section 5. Said selectmen and mayor and aldermen may Regulations of
1 1,. • •.• , 1 . i-i-^j^i cities and towns
make regulations in writing to regulate or probibit the pas- and enforcement
sage from, to, or through their respective cities or towns, °^^^'^^-
or from place to place within the same, of any neat cattle,
and may arrest and detain, at the cost of the owners thereof,
all cattle found passing in violation of such regulations ; and
may take all other necessary measures for the enforcement
of such prohibition, and also, for preventing the spread of
any such disease among the cattle in their respective towns
and cities, and the immediate vicinity thereof.
Section b. The regulations made by selectmen and I'ecord and pub-
T , , °. ,. /' „ . hcation of regu-
mayors and aldermen, m pursuance oi the loregoing sec- lations.
tion, shall be recorded upon the records of their towns and
cities respectively, and shall be published in such towns and
cities in such manner as may be provided in such regulations.
Section 7. Said selectmen and mayor and aldermen are Branding of in-
authorized to cause all cattle infected with such disease, or p^^^^ anLais^
which have been exposed thereto, to be forthwith branded ^'^''' prohibited,
I ' except &c.
upon the rump with the letter P, so as to distinguish
the animal from other cattle ; and no cattle so branded
30
282 I860.— Chapter 220.
Penalties for Tio- sliall be sold OT disposed of except with the knowledge and
lation. consent of such selectmen and mayor and aldermen. Any
person, without such knowledge and consent, selling or dis-
posing of an animal so branded, or selling or disposing of
an animal known to be affected with such disease, or known
to liave been exposed thereto within one year previous to
such sale, or disposal, sliall be punished by fine not
exceeding five hundred dollars, or by imprisonment not
exceeding one year.
Penalties for dis- SECTION 8. Any pcrsou disobcyiug the orders of the
city^'^lfnd'^'^ToVi selectmen or mayor and aldermen, made in conformity with
authorities. ^^q fourth scctiou. Or driving or transporting any neat cattle
contrary to the regulations made, recorded and published as
aforesaid, shall be punished by fine not exceeding five hun-
dred dollars, or by imprisonment not exceeding one year.
Notice of suspi- Section 9. Whoever knows or has reason to suspect the
cion of disease to • , n it , i , , i • i •
be giTeu, under cxistencc 01 any such disease among the cattle in his pos-
penaities. scssion, or under his care, shall fortliwith give notice to the
selectmen of the town, or mayor and aldermen of the city
where such cattle may be kept, and for failure so to do shall
be punished by fine not exceeding five hundred dollars, or
by imprisonment not exceeding one year.
oXTt* "offi^e^s" Section 10. Any town or city whose officers shall neg-
Peniiity. Icct or rcfuse to carry into effect the provisions of sections
one, two, three, four, five, six and seven, shall forfeit a sum
not exceeding five liundred dollars for each day's neglect.
Appraisals and SECTION 11. All appraisals made under tlie provisions
certificates. ^^ ^.j^jg ^^^ shall bc ill Writing, and signed by the appraisers ;
and the same shall be certified to the governor and council,
and to the treasurers of the several cities and towns wherein
the cattle appraised were kept by the selectmen and mayors
and aldermen respectively.
Seizure of lands SECTION 12. The selcctmeii of towns and the mayor and
for isolating cat- i j „ . . , i • i , / , .
tie. aidermeii oi cities are hereby authorized, when in then-
judgment it shall be necessary to carry into effect the pur-
poses of this act, to take and hold possession, for a term not
exceeding one year, within their respective towns and cities,
of any land, without buildings other than barns thereon,
upon which it may be necessary to inclose and isolate any
Damages to land cattlc ; aiid they sliall cause the damages sustained by the
owner in consequence of such taking and holding to be
appraised by the assessors of the town or city wherein the
lands so taken are situated ; and they shall further cause a
description of such land, setting forth the boundaries there-
of, and the area as nearly as may be estimated, together with
said appraisal by the assessors, to be entered on the records
I860.— Chapter 221. 283
of the town or city. The amount of said appraisal shall be Recovery ofdam-
paid as provided in the first section, in such sums and at
such times as the selectmen or mayor and aldermen respec-
tively may order. If the owner of any land so taken shall Reimbursement.
be dissatisfied with the appraisal of said assessors, he may
by action of contract recover of the town or city wherein
the lands lie a fair compensation for the damages sustained
by him ; but no costs shall be taxed, unless the damages
recovered in such action, exclusive of interest, exceed the
appraisal of the assessors. And the Commonwealth shall
reimburse any town or city four-fifths of any sum recovered
of such town or city in any such action.
Section 18. This act shall take effect from its passage.
Approved June 12, 1860.
Aisr Act in addition to an act concerning contagious diseases Chap. 221
AMONG cattle.
Be it enacted, Sfc, as follows:
Section 1. In addition to the commissioners appointed Additional com-
under the provisions of chapter one hundred and ninety-two rppointe"
of the acts of the year one thousand eight hundred and
sixty, the governor, by and with the advice and consent of
the council, is hereby authorized to appoint two additional
persons to constitute, with those now in office, a board of
commissioners upon the subject of pleuro-pneumonia, or any
other contagious disease now existing among the cattle of
the Commonwealth.
Section 2. When said commissioners shall make and Regulations of
, ,. , , . • ii !_■ J.- commissioners to
publish any regulations concerning tlie extirpation, cure, or supersede, &c.
treatment of cattle infected witli, or which have been exposed
to the disease of pleuro-pneumonia, or other contagious dis-
ease, such regulations shall supersede the regulations made
by selectmen of towns, and mayors and aldermen of cities,
upon the same subject matter, and the operation of the reg-
ulations made by such selectmen and mayors and aldermen
shall be suspended during the time those made by the com-
missioners, as afoi'csaid, shall be in force. And said select- city and town
^' TIT 111 J. 1 r authorities to en-
men, and mayors and aldermen, shall carry out and eniorce force the same.
all orders and directions of said commissioners, to them
directed, as they shall from time to time issue.
Section 3. In addition to the power and authority con- Hospital or quar-
ferred oji the selectmen of towns, and mayors and aldermen ertaWishTa^^ ^^
of cities, by the act to which this is in addition, and which
are herein conferred upon said commissioners, the same
commissioners shall have power to provide for the establish-
ment of a hospital or quarantine in some suitable place or
iners.
284 I860.— Chapter 221.
places, with proper accommodations of buildings, land, et
cetera, wherein may be detained any cattle by them selected,
so that said cattle so infected or exposed, may be there
treated by such scientific practitioners of the healing art as
Lands or build- may be appointed to treat the same. And for this purpose
ing for the same. ^^^-^^ commissioucrs may take any lands and buildings in the
manner provided in the twelfth section of the act to which
this is in addition.
Bo^rd of exam- Section 4. The govcmor, by and with the advice and
consent of the council, is herel)y authorized to appoint three
competent persons to be a board of examiners, to examine
Powers and du- into tlio discasc Called pleuro-pneumonia, who shall attend at
the iiospital or quarantine estaljlished by the commissioners
mentioned in the foregoing section, and there treat and
experiment upon such number of cattle, both sound and
infected, as will enable them to study the symptoms and laws
of the disease, and ascertain, so far as they can, the best
mode of treating cattle in view of the prevention and cure
of the disease, and who shall keep a full record of their
proceedings, and make a report thereon to the governor and
council, when their investigations shall have been concluded :
Proviso. provided, that the expense of said board of examiners shall
not exceed ten thousand dollars.
City and town SECTION 5. Thc sclcctmen of the several towi;s, and
authorities to no- , ,t r-.i i •.• iii -.i-
tify commis.sion- mayors and aldermen oi tlie several cities, shall, within
dSease. "'^""^ °^ tweuty-four hours after they shall have notice that any
cattle in their respective towns and cities are infected with,
or have been exposed to any such disease, give notice in
writing to said commissioners, of the same.
Regulations for Section 6, Tlic commissioiiers are authorized to make
&c^ "Enforce-'^'^' ^11 ucccssary regulations for the treatment, cure and extir-
ment. Penalty, patiou of Said discasc, aud may direct the selectmen of
towns, and mayors and aldermen of cities, to enforce and
carry into effect all such regulations as may, from time to
time, be made for that end; and any such officer refusing or
neglecting to enforce and carry out any regulation of the
commissioners, shall be punished by fine not exceeding five
hundred dollars for every such offence.
Infected or ex- SECTION 7. Tlic commissioiiers may, when in their iudg-
posed cattle may j. j.; i i • i i 1 1 • • , , i i • 1 1 i
be killed, by or- mcnt tlic puolic good sJiall rcquirc it, cause to be killed
(ler, &c. j^jj(j buried, any cattle which are infected with, or which
Appraisement, liavc bccu expo^ed to Said disease ; and said commissioners
shall cause said cattle to be appraised in the same manner
Reimbursement, providcd ill the act to wliich tliis is in addition ; and the
appraised value of such cattle shall be paid, one-fifth by the
* I860.— Chapter 221. 285
towns in which said cattle were kept, and the remainder by
the Commonwealth.
Section 8. Whoever shall drive or transport any cattle Moving of cattie
from any portion of the Commonwealth east of Connecticut limits, restricted.
River to any part west of said river, before the first day of
April next, without consent of the commissioners, shall be Penalties for vio-
punished by fine not exceeding; five hundred dollars, or by
imprisonment in the county jail not exceeding one year.
Section 9. Whoever shall drive or transport any cattle ^^^^oving^of cattie
from any portion of the Commonwealth into any other State without permis-
before the first day of April next, without the consent of the penalties.
commissioners, shall be punished by fine not exceeding five
hundred dollars, or by imprisonment in the county jail not
exceeding one year.
Section 10. If any person fails to comply with any reg- Disobedience of
, . 1 . 11 . . any order or reg-
ulation made, or with any order given by the commission- uiation. Penai-
ers, he shall be punished by fine not exceeding five hundred '^'
dollars, or by imprisonment not e^eeding one year.
Section 11. Prosecutions under the two preceding sec- Prosecutions,
tions may be prosecuted in any county in this Common-
wealth.
Section 12. All appraisals made under this act shall be fj^faiSorctT-
in writing, and signed by the appraisers and certified by the tified, &c.
commissioners, and shall be by them transmitted to the gov-
ernor and council, and to the treasurers of the several cities
and towns wherein the cattle appraised were kept.
Section 18. The provisions of chapter one hundred and Provisional re-
ninety-two of the acts of the year one thousand eight hun- '"^'^'
dred and sixty, except so far as they authorize the appoint-
ment of commissioners, are hereby repealed ; but this repeal
shall not affect the validity of any proceedings heretofore
lawfully had under the provisions of said chapter.
Section 14. The commissioners and examiners shall ^^""^^ .^"^f ^^ ^®"
keep a full record of their doings, and make report of the commissioners.
same to the next legislature, on or before the tenth day of
January next, unless sooner required by the governor ; and
the said record, or an abstract of the same, shall be printed Abstract of same.
in the annual volume of Transactions of the State Board of
Agriculture.
Section 15. The governor, with the advice and consent Governor and
of the council, shall have power to terminate the commis- minate commis-
sion and board of examiners, whenever in his judgment the "°''' '"''^"* *'°-
pul»lic safety may permit.
Section 16. This act shall take effect from its passage.
Approved June 12, 1860.
286
I860.— Chapter 222.
Chai). 222
Special appropri-
ations.
Mileage —
Senators ;
Representatives .
Compensatiou —
Senators ;
Kepresen tatives .
Clerks of the two
houses.
Chaplains.
Door-keepers,
messengers and
pages.
Abstract from
council records.
Reporters and
witnesses.
David Pulsifer.
Cattle disease.
An Act making appropriation for the execution of the laws
relating to contagious diseases among cattle, and for
other purposes.
Be it enacted^ Sec, «.<? follows :
Section 1. The sums hereinafter mentioned, are appro-
priated and shall be allowed and paid out of the treasury of
the Commonwealth, from the ordinary revenue, upon the
warrant of the governor, for the purposes specified, to meet
tlie expenses for mileage and compensation of the members
of the senate and house of representatives at the present
extra session thereof, and for other purposes.
For the mileage of senators, a sum not exceeding four
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
two thousand and fifty dollars. For the compensation of
representatives, a sum not exceeding twelve thousand and
fifty dollars. ^
For the compensation of the clerks of the senate and
house of representatives, a sum not exceeding five hundred
and eighty dollars.
For the compensation of the chaplains of the senate and
house of representatives, a sum not exceeding one hundred
dollars.
For the compensation of the door-keepers, messengers and
pages of the senate and house of representatives, a sura not
exceeding seven hundred and fifty dollars.
For the compensation of watchmen employed in the state
house, in addition to their salaries, a sum not exceeding
one hundred dollars.
For services of person employed in preparing abstract and
statement from the Register of the Council, for the year
eighteen hundred and fifty-nine, under house order of Feb-
ruary twenty-third, eighteen hundred and sixty, forty dollars.
For compensation of reporters and witnesses employed by
and summoned before committees having authority the pres-
ent extra session, a sum not exceeding three hundred and
fifty dollars.
For services rendered by David Pulsifer, during the
special session of eighteen hundred and fifty-nine, under
direction of the president of the senate and speaker of the
house, a sum not exceeding fifty dollars.
For carrying into effect the provisions of the laws con-
cerning the contagious diseases among cattle, a sum not,
exceeding; one hundred thousand dollars.
com-
missioners' ex-
I860.— Chapter 222. 287
For sheriffs' accounts of eighteen hundred and fifty-nine, sheriffs' accounts
fifty dollars. '^''•
For repairs on Warren Bridge, thirty-nine dollars; inci- warren bridge,
dental expenses of the same, twenty-one dollars twenty-six
cents.
For registration blanks of eighteen hundred and fifty- Registration
nine, fifty dollars twenty cents. '"'"''''■
For binding public documents of eighteen hundred and Binding pubUc
fifty-nine, ten hundred and sixty-five dollars seventy-five 'i°'="'0'^"*»-
cents.
For printing general laws of eigliteen hundred and fifty- Printing general
nine, four thousand eight hundred and seventy-five dollars. ''^^''^
For burying paupers during the years eighteen hundred Burying paupers.
and fifty-seven and fifty-eight, sixty dollars.
For incidental expenses of insurance commissioners, for insurance
eighteen hundred and fifty-five, the sum of eleven dollars
and twelve cents.
For whitening in the state house, under resolve of present whitening state
session, a sum not exceeding one thousand dollars. ^°^^'
For repairs upon the state house, under resolve of the Repairs state
present session, a sum not exceeding five hundred dollars. '^°"^^®'
For furnishing and fitting up the new rooms in the south- New rooms in
west basement of the state house, as authorized by resolve '^®'"®" ■
chapter thirty-two of the session of the present year, a sum
not exceeding two hundred dollars.
For the publication of the general laws of the present General laws, ex-
session, in accordance with the provisions of chapter twenty- *■■» session.
four of the resolves of the year eighteen hundred and fifty-
seven, a sum not exceeding twenty dollars, and said sum
shall be allowed and paid accordingly.
Section 2. Each member of the senate and house of Mileage of mem-
representatives shall receive mileage at the rate of one ^ure °^ ^^s^sia.-
dollar for every five miles travel, once during the session,
from his place of abode to the place of the sitting of the
general court.
Section 3. Any appropriation made in this act for any or additional ap-
object for which any former appropriation has been made, pi'op"'*^'"'"^.
shall be in addition to such former appropriation.
Section 4. This act shall take effect from its passage.
Appi'oved June 12, 1860.
RESOLVES,
SECOND S E S S I O IST
1860.
Chat). 85. Resolve in relation to repairs of the state house.
Repairs author- Resolved, That the committee on the state house are
"""^ hereby authorized to make such repairs upon the wood-work
of the state house, as may be found necessary before paint-
ing, to preserve tlie same. Approved June 7, 1860.
Chai) 86 Resolve in addition to a resolve relating to the distribu-
^' ' tion of the general statutes.
Secretary to re- Rcsolved, That the sccrctary of the Commonwealth cause
for'^^distributfjn^ ^^ ^^ priutcd aud bound, and receive for distribution agree-
additionai. ably to tlic provisious of the one hundred and forty-third
chapter of the resolves of eighteen hundred and fifty-nine,
one hundred and seventy-eight copies of the General Stat-
utes of the Commonwealth, the same to be in addition to
Repeal. til© ouc tliousaud copics authorized by said resolve. And
so much of said resolve as authorizes the distribution of one
copy to each city or town library in the state, is hereby
repealed. Approved June 11, 1860.
Chap. 87. Resolve concerning the disease called pleuro-pneumonia.
Members of con- Reso/vecl, That our senators and representatives in con-
toTr e'^^n^^^o'^- g^'^ss bc requcstcd to use their influence to procure the
cure quarantine passagc of sucli quarantine laws as shall prevent the im-
*^^' "■ portation into this country, of animals affected with any
contagious or infectious disease, and of laws to extirpate
the disease called pleuro-pneumonia now existing in this
country. Approved June 11, 1860.
Chan 88 Resolve in favor of Elbridge 6. Colby.
Compensation for Rcsolved, That thcrc be allowed and paid to Elbridge G.
legislative ser- Colby, the sum of thirty-nine dollars for services as a mem-
I860.— Chapters 89, 90, 91, 92, 93. 289
ber of the legislature from the First Essex District, the same
having been omitted in the pay-roll. Approved June 11, 1860.
Resolve concerning the accounts of the adjutant-general. Chap. 89.
Resolved, That the sum of two thousand four hundred Pweeds saies of
111 -\ ^ ■ n !• Ill /> ^''"IS ^"U •'quip-
sixteen dollars and thirty-tour cents, benig the balance oi ments appropn-
the amount paid into the treasury of the Commonwealth, in aniis°'^&c^.,'**'for
the nature of a special deposit, as the proceeds of sales of ™'''"''^-
arms and equipments, be, and the same is hereby specially
appropriated for the purpose of replacing arms and equip-
ments for the militia, from time to time, and that tlie gover-
nor is hereby authorized to draw his warrant accordingly.
Approver! June 12, 1S60.
Resolve concerning the whitening of the state house. Chap. 90.
Resolved, That the committee on the state house, be committee on
authorized to do such whitening and coloring in the state thorized,Vc.
house, as they may deem necessary. Approved June 12, 1860.
Resolve authorizing the county commissioners of the several Chap. 91 .
counties to borrow money in anticipation of revenue.
Resolved, The county commissioners of any county in Loans to counties
tlie Commonwealth, may borrow, on the faith of the county, fray^°Tr'imi*na?*
in anticipation of the revenue of next year, any sum needed, ''"'*'^-
not exceeding twenty thousand dollars, for the purpose of
paying the criminal costs of said county.
Approved June 12, 1860.
Resolve for supplying the state almshouse at tewksbury Chap. 92.
with water. ^
Resolved, That the inspectors of the State almshouse at Authority and
Tewksbury, be, and they liereby are, authorized to expend, granted to7n-
from the appropriation for current expenses in chapter fifty- sp'''<=tor«-
two of the acts of the year one thousand eight hundred and
sixty, a sum not exceeding fourteen hundred and fifty dol-
lars, for the purpose of supplying said institution with water.
Approved June 12, 1860.
Resolve in addition to a resolve authorizing the treasurer Chap. 93.
TO borrow money. -^
Resolved, That the treasurer be, and lie hereby is author- Additional loans
ized to require of the several banks of this Commonwealth, bLks"^^ '^°'^
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 tiie current year ; said loan to be
in addition to the loan authorized at the regular session
the present year : provided, that the whole amount of the proviso.
37
290
I860.— Chapters 94, 95.
Chap.
Compensation of
members.
Of officers.
Clerks,
lains.
chap-
Door-keepers,
messengers,
pages and
watchmen.
Chap. 95.
Right of free
speech asserted.
Thanks to Hon.
Charles Sumner.
Approval of his
recent speech.
temporary loan, authorized by tliis resolve, shall not at any
time exceed one hundred and fifty thousand dollars.
Approved Jane 12, 1860.
94. Resolve fixing the compensation of the members and officers
OF the legislature at the present session.
Resolved^ That there shall be allowed and paid out of the
treasury of the Commonwealth, to each member of the legis-
lature, who has been in attendance during the present ses-
sion, the sum of fifty dollars : the president of the senate
and speaker of the house of representatives shall receive
double the compensation above provided for senators and
representatives. There shall be allowed and paid to the
clerks and chaplains of the senate and house of representa-
tives a pro rata sum as is now allowed them at the regular
session, computing tlie same at one hundred days ; to each
door-keeper and messenger, three dollars per day ; to each
page, two dollars per day, and to each watchman, one
dollar per day in addition to his salary, for every day tliey
are employed during the session, and for every day before
and after the session, that they may be or have been actually
employed by the sergeant-at-arms in duties connected with
the present session, as certified by him : provided., that there
shall be deducted from the compensation of each member
three dollars for each day's absence during the session.
Approved June 12, 1860.
Resolves relating to freedom of speech.
Resolved, That the legislature of Massachusetts, in the
itame of her free and enlightened people, demands for her
representatives in the national legislature entire freedom of
speech, and will uphold them in the proper exercise of that
essential right of American citizens.
Resolved., That the thanks of tire people of this Common-
wealth are due, and are hereby tendered to the honorable
Charles 8umner, for his recent manly and earnest assertion
of the right of free discussion on the floor of the United
States Senate, and we repeat the well considered words of
our predecessors in these seats in approval of " Mr. Sum-
ner's manliness and courage in his fearless declaration of
free principles, and his defence of human rights and free
institutions."
Resolved, Tliat we approve the thorough, truthful, and
comprehensive examination of the institution of slavery
embraced in Mr. Sumner's recent speech ; that the stern
morality of that speech, its logic and its power, command
I860.— Chapter 95. 291
our entire admiration; and that it expresses with fidelity
the sentiments of Massachusetts upon the question therein
discussed.
Resolved, That the thanks of this legislature, acting as Thanks to Hon.
the agents of the people, be, and are hereby tendered to the ^^^^
honorable Henry Wilson, for his able, fearless, and always
prompt defence of the great principles of human freedom,
while acting as a senator and as a citizen of the Old Bay
State.
Resolved, That his excellency the governor be requested copies to be
to transmit a copy of the foregoing resolves to the president goTemor." ^
of the senate, and speaker of the house of representatives,
and to each of the senators and members of the house of
representatives from this Commonwealth in the congress of
the United States. Approved June 12, 1860.
ADDRESS
HIS EXCELLENCY THE GOVERNOR,
At one-half past twelve o'clock His Excellency the Governor^ accom-
panied hy His Honor the Lieutenant- Governor^ and the members of
the Executive Council, attended hy a Joint Committee of the two
Houses, met the Senate and House of Representatives, in Conven-
tion, and delivered the following Address.
Genw.emen op the Senate and
House of Representatives:
The attention of the legislature was directed, during its
late session, to the ravages inflicted upon the cattle of some
parts of the Commonwealth, hy a distemper, closely resem-
bling in its appearance and effect, the disease called Pteuro-
Pneumonia. A statute approved on the last day of the
session provided for the appointment of three commissioners,
who were required according to the provisions of the Act,
to provide for the extirpation of tliis disease. They were
authorized and required to visit without delay the several
places in the Commonwealth where the disease was known
or suspected to exist, and were empowered to cause all
cattle which had been diseased, or had belonged to diseased
herds, to be forthwith killed and buried, and the premises
where they were kept, cleansed and purified ; to appraise in
their discretion, the value of the cattle killed which were
apparently well, and certify to the Governor and Council
the allowances made to the owners of the cattle respectively,
and to give such lawful orders and directions as in their
judgment, the public necessity might require. It was pro-
vided that the statute should continne in force for the term
of one year.
Immediately npou the adjournment of the legislature,
commissions were issued under the provisions of the Act, to
294 GOVERNOR'S ADDRESS.
Richard S. Fay, Esq.,of Lynn,Paoli Latlirop, Esq., of Hadley,
and Hon. Amasa Walker, of North Brookfield. These gentle--
men entered at once upon the performance of their duties.
After some progress had been made, Mr. Fay, from the
pressure of private engagements, withdrew from the com-
mission, and the vacancy was supplied by tiie appointment
of George B. Loring, Esq., of Salem, Mr. Latlu-op, of South
Hadley, acting as chairman. The Commissioners liave been
assisted in their labors by Dr. Thayer, Dr. Dadd, Dr. Bates,
and other gentlemen of established reputation as veterinary
surgeons.
A detailed report of the operation of the Commissioners
under the statute, is herewith communicated to the legisla-
ture. It appears that all suspected herds have been ex-
amined, and many cattle have been isolated by order of the
. Commissioners. Eight hundred and forty-two have been
slaughtered, for which com|)ensation has been allowed by the
Commissioners to the amount of -$20,432.83. No report,
however, of allowances made to the owners of cattle, has
been received, and no money has been drawn under the
statute, from the treasury. The appropriation of 810,000
made by the legislature, was very soon exhausted. The
labors of the Commissioners would have been at once
brought to a close, but the distemper continuing to
spread, and the public mind becoming more excited in
the districts where its ravages were chiefly confined, and
where it seriously affected and seemed to threaten the
destruction of the principal occupation and support of the
people, many generous and public spirited citizens, repre-
senting different business interests, voluntarily subscribed to
a fund which was intended to enable the Commissioners to
continue their work, notwithstanding the failure of the
appropriation, and to guaranty all parties concerned against
loss, in case the legislature should fail to recognize and
provide for the unaiithorized expenditure of money.
Subscriptions to the amount of nearly $20,000 were at
once made, and the Commissioners, under the protection of
this guaranty, made some farther progress. But the disease
had spread over a larger territory than was at first supposed.
More definite instructions from the legislature as to the
course to be pursued were desired. It was believed that
more stringent regulations than those allowed by the Act
of April 4, 1860, were required, and that additional appro-
priatons from the treasury might be indispensable.
On the 18th of May, the Commissioners made a formal
request that an extra session of the legislature should be
SECOND SESSION. 295
called. This request was supported l)y a petition of a com-
mittee of the State Board of Agriculture, by several mem-
bers of the Board, aud by many influeutial and honorable
citizens of different parts of the Commonwealth. On the
24th day of May, the proclamation was issued, by and with
tiie advice and consent of the Council, for a session of the
legislature for the consideration of this special subject.
Copies of these papers are herewith transmitted.
Two considerations alone have impelled me, with very
great reluctance, to summon the members of the two houses
from their homes at this season of the year. The first has
reference to the magnitude of the interest involved. It is
not a disaster affecting Massaciiusetts or New England alone.
If the contagion is allowed to spread without effort to extir-
pate or restrain it, ultimately it must ravage the whole
country. Tlie neat cattle in the United States, in 1850,
numbered eighteen million three hundred and seventy-eight
thousand. Estimating the number at the present time,
upon this basis, by adding twenty per cent, to the number,
as the natural increase in ten years, it will now exceed
twenty-two million.
The number of milch cows returned to the census bureau
for 1850 was over six million, and the number of working
oxen was nearly a million and three-quarters. The value
of butter, cheese, and milk not used for butter or cheese,
returned in 1850 as a portion of the agricultural product,
according to the estimate of Professor Tucker, exceeded
eighty million dollars. To this must be added an equal sum,
as the value of cattle slaughtered for the market, and the
value of the labor of nearly a million yoke of working oxen
at the present time, — estimating their labor for a year at
twenty dollars per yoke, — and the aggregate value of this
yearly product exceeds one hundred and eighty million
dollars. Tlierc is but one agricultural product of equal
importance — that of Indian corn.
To the aggregate thus stated must be added the value of
the cattle themselves, which, estimated at twenty dollars
per head, amounts to nearly three hundred and seventy
million dollars. Thus, upon the basis of the census of 1850,
this interest involved a value of product and property equal to
five hundred and forty million dollars. The average increase
in ten years, may be safely estimated at twenty per centum,
and this would make the same values equal, for the present
year, to six hundred and forty million dollars. But these
figures very imperfectly represent the interest of the Amer-
ican people in this gigantic industrial product. How far
296 GOVERNOR'S ADDRESS.
it enters into the employment of the great majority of per-
sons, — how many millions are dependent upon it for the lux-
uries and necessities of life, — to what extent it contributes,
indirectly, to public health and enjoyment, and how large a
part it forms of the sound and reliable business of the
country, are considerations which naturally occur to the
mind of every intelligent person.
If we could confine the ravages of the fatal distemper so
unfortunately deposited upon our shores, to our own State,
it would still be of sufficient importance to demand the
earnest attention of the people. But, unless extirpated on
the instant when it appears, it cannot be so confined. If it
spread over our own territory, it must ravage other States,
and it becomes a duty of the highest character, one which
we owe alike to ourselves, to the honor of Massacliusetts,
and to the people of the whole country, to make every avail-
able and possible effort to restrain its ravages, if extirpation
is impossible. Admitting, if need be, that it is doubtful
whether it partakes more of the character of a contagion or
an epidemic, — admitting that it may not be in our power to
prevent its spreading through the country, — nevertheless,
every citizen of Massachusetts should liave it in his power
to say, tliat every proper effort had been made by the State,
to produce that result. I am constrained to express the
opinion, that all has not yet been done which may be wisely
if not successfully performed, and this i'act I offer to you as
a chief reason for this extraordinary convocation.
A second consideration of nearly equal weight relates to
the Act of the last session, and the proceedings of the Com-
missioners under that Act. The design of the Act was mani-
festly to provide for the extirpation of the disease. It liad
little reference to treatment, or the possibility of cure, but
considered extirpation as the proper i-emedy. It therefore
authorized the Commissioners to visit the several places in
the Commonwealth where the disease might be known or
suspected to exist, and to cause all cattle belonging to herds
in which the disease had appeared, or might appear, or
which had belonged to herds in which the disease had been
known to exist, to be forthwith killed and buried, and the
premises cleaned and purified.
The method and principle of appraisement of cattle are
established in the Act, and an appropriation of ten thousand
dollars was made to meet necessary expenditures.
Had this course been adopted at the commencement of the
year it probably would have been successful. But in April
the distemper had spread too far. The Commissioners
SECOND SESSION. 297
speedily exhausted the appropriation, and traces of the dis-
order were distinctly visible in the neighborliood in which
they commenced operations. A guaranty fund was imme-
diately established by citizens of public spirit who i^new the
character of the distemper, and the necessity of instant
action, to assure the owners of cattle compensation for their
destruction according to the terms of the Act, which it was
expected the legislature would re-imburse. Of this fund
about ten thousand dollars were pledged, but the disease
was not yet circumscribed. It was manifest that under a
full appreciation of the extent of the calamity the guaranty
fund would be increased to any amount necessary to effect
the desired object.
But it became a serious question whether in the event of
large payments being made under an apparent authority of
law to be ultimately re-imbursed by the State, the legisla-
ture should not exercise its prerogative power and deter-
mine in the first instance under what circumstances and to
what extent money should be expended, and make provision
both for its appropriation and disbursement. There are no
more dangerous precedents than those which are established
under color of law or of public necessity, with the expecta-
tion of justification and immunity by subsequent legisla-
tion. The Commissioners were not authorized to proceed
beyond the limits fixed by the statute, and their powers
were in no wise enlarged by the guaranty of influential citi-
zens. It is true that the legislature would not be bound
to legalize such proceeding, nor to meet by appropriation
the sum guaranteed, but such refusal, if it were practicable,
would be measurably unjust and necessarily cause public
discontent. The legislature, therefore, must in the end
have borne the burdens, and assumed all responsibilities,
leaving to individuals the power to determine the extent and
.to direct the execution of all remedial measures. If the
object could have been attained by a limited subscription,
but light objections could be urged against it. That did
not appear to be the fact, and in order to assure to the rep-
resentatives of the people the power which legitimately
belongs to them, it was indispensable that I should summon
them together.
I adopted this course as a measure of public economy.
The statute of April 4th provides, exclusively, for extir-
pating the disease by slaughter. It is now apparent, in my
own judgment, that the end desired cannot with any consider-
able degree of certainty be attained in this manner, and the
course to be adopted should be one which admits of the
38
298 GOVERNOR'S ADDRESS.
instant slaughter, or the perfect isolation of suspected or
diseased cattle. The statute determines that the appraisal
of a part of the cattle, whose destruction might be ordered,
should be at what would have been their fair market value
if the disease had not existed. It is apparent that a dif-
ferent procedure, and a more equitable principle of appraisal,
will greatly diminish the drafts upon the treasury.
In submitting to the legislature, inquiry as to the course
of conduct to be adopted, it may be proper to present a few
suggestions relating to the historical character of this dis-
temper, and its diagnosis where it is found in the cattle of
this Commonwealth.
The exact origin of the disease does not appear to be very
clearly determined. It is supposed to have been limited for
a long period of time to the mountainous parts of Europe,
especially near the Jura, from whence it has been carried to
Holland, to France, England, Africa, Australia and other
countries. A disease of a similar character was prevalent
in England more than a century since.
It appeared in France about the year 1840, and in Eng-
land, ^Scotland and Ireland, the subsequent year. Its rav-
ages, however, have been most extensive in Holland, from
whence it has been carried into Germany and Southern
Africa.
The ravages of the disease in these countries have been
fearful. Tlie course of treatment adopted seems to have
embraced the triple policy of slaughter, isolation and inoc-
ulation, according to the condition of the animals infected
or exposed. The loss of cattle by slaughter and by death in
all these counties has been alarming, and the burdens upon
the treasuries consequent upon the plan of compensation
very great.
In 1847, it was brought from England into New Jersey,
but its contagious character being at once discovered, it was
absolutely and immediately extirpated. A like result was
obtained in Australia, where the disease had been introduced
by cattle imported from the same country.
One year ago, the 23d of May, 1859, it was brought into
this State with an importation of Dutch cattle from Holland,
and the distemper at present existing can be traced to no
other cause than to this importation. The symptoms of the
disease, in its manifestations in this State, do not essentially
differ from the description given by English medical authors
of the disease called Fleuro-Pneumonia as it exists in Eng-
land. It is not necessary for me to give a detailed state-
ment of its symptomatic manifestations here. I have the
SECOND SESSION. 299
honor to transmit to the legislature a very full statement
upon this subject made by two of the medical examiners
who attended the Commissioners.
The inquiry now recurs, what additional measures can
be taken for tlie suppression of the distemper, and fulfilling-
the duty we owe to other States ?
In the first instance, I think the legislature should regu-
late or prohibit, so far as it can be wisely and properly done,
the exportation of cattle in which the seeds of the disease
may possibly exist, from this State into other neighboring
States.
This would seem to be a measure which the natural
comity existing between friendly States would absolutely
demand. Such a measure would for a brief period — not
necessarily a long one — interfere with the freedom of trade,
but it is such an interference as the continued existence of
the trade in cattle itself requires. A line may easily be
established, beyond which no cattle shall be passed without
sufficient official assurances that they do not carry contagion
with them.
It would seem to be necessary, in addition to the powers
conferred upon the Commissioners by existing legislation,
that there sliould be a distinct recognition of the policy of
isolating and separating from contact with other cattle, sus-
pected or diseased herds, and it may also be expedient to
limit the discretionary power of slaughtering condemned
animals, and also to modify the principle of appraisal hither-
♦to established.
It will also be necessary to provide for the re-imbursement
or the relief of the subscribers to the guaranty fund, to
which reference has been made, and also to inquire what
further appropriation the present public emergency requires.
It would not seem, if a policy like that heretofore suggested
should be adopted, that extravagant appropriations would
be required to carry out the objects specified in the Report
of the Commissioners. It will be necessary, for a brief
period at least, to enlarge the powers of towns, so that they
may protect themselves from invasion by infected cattle, and
to control the course of the disease when it is discovered
within their limits. The pressing public necessity that now
compels towns to act upon this subject for tlieir own protec-
tion may lead them, in some instances, to go beyond their
legal powers, and occasion private or public difficulties.
This should be avoided. There is now no statute law in this
Commonwealth authorizing towns or town officers to restrict
or limit the common right of all the inhabitants to pass freely
300 GOVERNOR'S ADDRESS.
from town to town and throiisli any town with their cattle in
greater or smaller number, for purposes of trade, business,
or pleasure, over the public highways.
Cattle found at large in any public highway without a
keeper, arc liable to be imjjounded.
The power of towns and cities to make by-laws extends
only to the directing and managing their prudential affairs,
preserving the peace and good order, and maintaining their
internal police. [Revised Statutes chapter 15, section 13.
Statutes 1847, chapter 262.]
A by-law regulating the mode of securing cattle while
passing tlirough the town, as for instance, that they
should be led or driven, tied together, and only in the
traveled pai't of the way, so that they could not come in
contact with other cattle, either in the road or in enclosure
by the side of the road, might be held to be a reasonable
order or by-law for the preservation of the peace, good
order, and internal police of the town. But such by-
laws would have little efficacy, as they would or might
differ in every town or city, having no effect beyond the
limits of the towns enacting them, and must be approved
by the courts, to give them any validity.
There is no statute law of this Commonwealth making it
a criminal offence to sell a sick or diseased animal. Of
course there may be siich fraudulent representations as to
bring such a transaction within the enactment against
obtaining money by false pretences, or there may be in
many cases a civil remedy. Such a sale is not understood'
to be within the nieaning of the Revised Statutes, chapter
131, section 1 — sale of diseased, unwholesome, or corrupted
provisions. This defect in the law, occasions serious difficul-
ties, and great danger. It enables evil disposed persons
to spread the contagion, for their own profit without respon-
sibility to the public for the wrong done.
If in addition to the powers that may be given to towns,
other and larger geographical districts are required, exist-
ing county lines offer convenient and well defined districts
which may be made instantly available, through their terri-
torial relations and recognized officers.
I should also recommend that some measures should be
"taken, to obtain, on a limited scale, a thorough scientific
investigation of the character of this disease — whether
it is a contagion, communicable by contact, or epidemic
in its nature, transmissible by atmospheric influences
alone ; how far infected animals may be cured, and what
protection can be afforded to exposed cattle by the process
SECOND SESSION. _ 301
of inoculation, so successful in other countries. These
experiments could be tried without great expense, and
great public good derived therefrom.
The transit of cattle through the several towns may
require more careful regulation than is now provided by-
law.
It will be for the legislature to determine whether the
Board of Commissioners should be enlarged by additions
to its numbers, or strengthened l)y authority to employ
assistants, and to act in connection with officers of towns
and the commissioners of counties. General regulations
of the character I have suggested, will, I am persuaded,
prove beneficial to the public interest, if they do not sup-
press entirely the course of the distemper, without adding
in any very great degree to the burdens of the treasury.
If the State shall assume any part of the expenses of
towns in the execution of the powers conferred upon or
the duties required of them, a provision that each town
shall provide for a portion thereof will not only restrain the
towns from unnecessary expenditures, but reconcile those
portions of the Commonwealth not immediately infected
with the disease, to the increased public burdens to which
they will be subjected ; and in such portions of the State
much scepticism as to the existence of the disease and the
necessity (jf the measures adopted, will be found t(i exist.
No greater calamity will have fallen upon the industry of
the Commonwealth than the present, if its course cannot
be checked. But every public calamity has, in some form,
and to an extent which we unwillingly recognize, its com-
pensations. It is impossible to avoid or to mitigate the
individual distress or the public inconvenience that it occa-
sions. But it may lead to such changes in the traditions of
agricultural industry as will in the end greatly benefit the
country. In our own case, it forces upon the attention
other methods of culture than those upon which we have
exclusively relied.
It is not possible now to say how soon the farms that
have been desolated by slaughter or by disease, can be
restocked with neat cattle. It may be necessary that we
should return to some customs long since nearly abandoned.
It is a singular fact, exhibited by the census of 1850, that
the number of neat cattle in the United States was nearly
equal to the number of sheep. In our own State, until
recently, sheep culture, one of the most profitable modes of
agricultural investment for a country like our own, has
very greatly diminished. It is probable that there are half •
302 GOVERNOR'S ADDRESS.
as many dogs as sheep in the Commonwealth. If in conse-
quence of the present disastrous contagion such changes
shall occur as the careful consideration of the true and solid
agricultural interests of the Commonwealth may suggest,
like all the occurrences in human life that are directed by
the hand of a wise and merciful Providence, it may not be
found to be altogether unmixed with private and public
good.
I shall very cheerfully concur with the legislature in all
proper measures for the relief and protection of the public
interests involved, and I commend with great earnestness
this special subject to the thoughtful, earnest and patriotic
consideration of the legislature.
SECOND SESSION. 303
REQUEST FOR SESSION OF LEGISLATURE.
North Brookfield, May 17, 1860.
To His Excellency N. P. Banks, Governor of the Gommonwealth
of Massachusetts :
The undersigned, Commissioners appointed to extirpate the disease
called Pleuro-Pneumonia, now existing in the Commonwealth, and
members of a Committee of the State Board of Agriculture, chosen
to confer with said Commissioners, having satisfied themselves that
the disease has extended over a broader territory than was at first
anticipated, and that additional powers and larger appropriations are
required in order to accomplish the object for which the Commission-
ers were appointed, would respectfully request that an extra session
of the legislature be called for the purpose of considering what
further action may be taken in this trying emergency.
And they would respectfully represent, that with the aid of prompt
and immediate legislative action such as the importance of the sub-
ject demands, the object for which the Commissioners were appointed
can be speedily accomplished, and a local misfortune can be prevented
from becoming a wide-spread national calamity.
PAOLI LATHROP,
AMASA WALKER,
GEORGE B. LORING,
Commissioners.
WILLIAM S. CLARK,
JOHN BROOKS,
CHA'S C. SEWALL,
Committee of the State Board of Agriculture.
304: . GOVERNOR'S ADDRESS.
STATEMENT OF COMMISSIONERS,
Boston, May 29, 1860.
To His Excellency N. P. Banks, Governor of the Commonwealth
of Massachusetts :
The Commissioners appointed under an Act of the legislature,
chapter 192, of the year one thousand eight hundred and sixty,
entitled " An Act to provide for the extirpation of the disease called
Pleuro-Pneumonia among Cattle," would respectliilly report, that —
Upon receiving their commission, they entered at once upon their
duty. They ascertained that the facts which had been laid before
the legislature, and had led to the passage of the Act, were unques-
tionably still in existence ; and that in Belmont and North Brook-
field the disease, which has made such ravages among the cattle in
Europe, had become fixed, and that it had assumed an alarming
appearance.
It was eai'ly in the summer of 1859 that the disease was brought
into this State, with some Dutch cattle, imported by Winthrop W.
Chenery, Esq., of Belmont, who seems to have been for many
months unaware of its nature, and who attributed it to local causes.
On the 29th of June, 1859, three calves were sent from Mr.
Chenery's herd to the farm of Curtis Stoddard, in North Brookfield.
On the way from the depot in North Brookfield, to Mr. Stoddard's
fai'm, one animal appeared to falter, and gave evidence of physical
disability. He remained but a short time at Curtis Stoddard's, when
he went to Leonard Stoddard's to be treated for disease ; was there
a few days; retui-ned to Curtis Stoddard's, and on the 23d of August
died. While he was at Leonard Stoddard's, he came in contact
with several cattle, being a portion of the time in the stable with
them. In about three weeks after his arrival there, two oxen and a
cow were seized with the disease, and died in ten days.
From Leonard Stoddard's herd the disease was carried, by sale of
animals and otherwise, into the herds of A. Olmstead, of New
Braintree, A. A. Needham, of New Braintree, C. P. Huntington, of
North Brookfield, — in all of which it assumed at once a virulent and
fatal form, — and into many of other herds in the neighborhood, Avhere
it has raged with less violence, but with equal steadiness. In these
specified herds, the number of deaths during the autumn and winter,
and to the present time, has been about forty. The loss in Mr.
Chenery's herd since last June, has been about thirty.
This appeared to be the limit of the disease on the eleventh of
April, when the Commissionei's entered upon theii* duty. They availed
SECOND SESSION. 305
themselves of the best veterinary talent and experience in the State,
and commenced their investigations. In the herds mentioned above,
the disease was found in every variety of form, — the chronic case
with solidified lungs, abscesses, and cysts, and the recent case, with
its dark and livid hepatization. It had been developing itself for
many months, and had had time to make sad inroads.
It was soon found, however, that the disease had extended far
beyond these limits. It had begun to appear in herds more recently
exposed ; and it was discovered lui-king in farms adjoining Mr. Stod-
dard's, where cattle had come in contact with his during the late fall-
feeding of last autumn. In these herds there had been no deaths,
but the miserable animals indicated the existence of the disease in
their systems, and examinations after slaughtering showed that ere
long the mortality must have been very great. Beyond the spot
where the disease was first planted, in June, 1859, and where it has
committed its greatest ravages, it is now found radiating in every
direction, covering a very considerable extent of territory, and only
requiring at its extremest boundary and in cases of recent exposure,
an equal amount of time to develop the alarming fiitaHty already
witnessed at Belmont, and in and around Leonard Stoddard's farm
at North Brookfield.
The Commissioners have not failed to find the disease wherever
there has been exposure ; and they are satisfied that it has never
appeared except as the result of exposure. It was introduced into
Leonard Stoddard's herd by the calf from Belmont ; into Mr. 01m-
stead's, by oxen bought of Leonard Stoddard; into Mr. Needham's,
by keeping Stoddard's oxen in his barn ; into Mr. Huntington's, by
the purchase of a cow of Leonard Stoddard ; into Mr. Woods', by
feeding diseased animals in his barn ; into a team of twenty-three
yoke of oxen, by the pair sold by Stoddard to Olmstead, and by the
latter to Doane ; into the herd of George Harwood, by working his
oxen with Doane's ; into J. C. Ayer's, by a heifer purchased of
Harwood ; into Silas H. Bigelow's, by working his oxen with
Doane's, and by contact with Huntington's ; into Benjamin Dean's,
by frequent contiguity with Bigelow's ; into John and Lewis Hill's,
by contact with Stoddard's cattle in the field last autumn. A cow,
bought at Stoddard's auction in November, carried tlie disease into
Mr. Richards' stable in West Brookfield, and thence into the large
and valuable herd of Mr. Cutler, of the same town. From Mr.
Cutler's it was carried, by contact with a bull, into the adjoining herd
of Mr. Gilbert. A yoke of oxen, previously exposed to Stoddard's,
entered the herd of Mr. Gleason, of West Brookfield, about the
middle of January, remained there until the last of March, poisoned
the entire herd of Mr. Gleason, and were killed May 14th in the pos-
session of Mr. Makepeace, and were found extensively diseased, —
both lungs being hypertrophied, twice the natural size, impervious to
air throughout a large portion of their extent, and adhered in many
places. It seems unnecessary to enumerate more cases of the many
exposures since the disease first appeared, hundreds of which the
39
306
GOVERNOR'S ADDRESS.
Commissioners have in their possession, and occurring from the first
introduction of the disease until the present time.
The disease has been found to exist in North Brookfield, Brook-
field, West Brookfield, Spencer, Sturbridge, New Braintree, and
Oakham, to a considerable extent. Cases have been found in Pel-
ham, carried there from Brookfield, and have been destroyed, it is
believed, befoi'e having exposed more than half a dozen animals,
now in limits. A cow sent from an infected herd to Ware, was
found diseased and was killed, with four or five others, her only-
associates there — ending the disease, without doubt, in that quarter.
A cow has been killed in Hubbardston, that had taken the disease
from contact during the winter with oxen from North Bi'ookfield,
found to be infected ; and ten animals which she has exposed have
been placed within limits. vSuspicions have arisen with regard to
Warren, Hardwick, and Barre, but no satisfactory evidence is given
that the disease exists in those towns. A case has been found in
Pepperell, sent from West Brookfield ; and another in Maiden, sent
from Mr. Chenery's herd. In the latter of these cases, the exposure
of other animals seems not to have been extensive ; in the former,
however, the Commissioners regr-et to say that the exposure has
been greater.
The following is the account of the Commissioners to May 18th,
1860:
Animals killed, diseased, . . . . .
Animals exposed, pronounced sound, and killed,
185
Cows, .
189
Heifers, 3 years old.
61
Heifers, 2 years old.
41
Oxen, .
85
Steers, 3 years old,
54
Steers, 2 years old.
24
Yearlings, .
54
Calves,
107
Bulls, .
9
Animals not described.
Total,
33
842
The appraised value of all these animals, sound and diseased, is
$20,432.83.
It is estimated that the number of animals diseased, exposed and
suspected, is as follows :
North Brookfield,
South Brookfield,
West Brookfield, .
Oakham,
New Braintree, .
Sturbridge, .
350
220
60
50
255
50
SECOND SESSION. 307
^
Spencer, .......... 50
Hubbardston, 10
Pelham, 10
Total, 1,055
These animals, the Commissioners have endeavored in every pos-
sible manner to isolate. In many cases single animals are kept
separate from all others. Farms vacated by slaughter, have been
occupied by animals immediately surrounding them, in order to
prevent the passage of the contagion into pastures a second remove
beyond. And every temporary expedient has been resorted to, for
the purpose of checking the disease, until the Commissioners shall
receive that aid which is necessary for the carrying out of the Act
under which they were appointed.
It will be remembered that the Commission was established by an
Act providing for the extirpation of the disease among, cattle, called
Pleuro-Pneumonia. No other power was conferred by the Act, and
it is reasonable to suppose that the legislature which passed the Act
felt satisfied that no other effectual remedy for the disease had been
found to exist. That the disease was highly contagious, every scien-
tific man and every farmer in Europe, who had observed it, knew
too well. All that medicinal agents had accomplished, was to prove
that no remedies of that character would reduce the percentage of
deaths in the infected herds. Inoculation alone had not been found
to produce any effect in checking the ravages of the disease ; and
even this desperate measure had not, after many years' trial, eradi-
cated the evil. The pathological phenomena of the disease has been
carefully investigated by the best science in Europe, and had been
recorded for the benefit of the most ardent scientific curiosity in this
country. The experience of cattle-husbandmen in Africa and Aus-
tralia, whither the disease had been carried from Holland, had
proved that extirpation and isolation alone could stay it. Quaran-
tines and hospitals seemed to be the expensive advantages required
by the enthusiastic explorer — entire destruction the remedy demanded
by the practical farmer. It was evident that a disease which could
be carried in the system for months, and could be borne from one
end of the earth to the other, a disease whose contagiousness is not
known to be confined to any particular stage, a disease which even
when not fatal, is sure to leave its mark behind to depress and enei"-
vate, — it was evident that such a disease could not be trifled with,
nor the possible danger of its escape be incurred for the benefit of
experiment, however well conducted. For the safety of the great
agricultural interest of Massachusetts, and to preserve our country
from a calamity whose consequences can hardly be estimated, the
Act of extirpation was passed by the Massachusetts legislature.
It is on account of their inability to carry out the design of the
legislature, under the Acts touching this matter, that the Commis-
sioners joined with many citizens and a committee of the State
Board of Agriculture, in a petition for an extraordinary session. The
308 GOVERNOR'S ADDRESS.
appropriation already made, has proved wholly inadequate. It has
been only through the promise of a liberal guaranty fund, and a fair
cooperation on the part of the farmers interested, that the work has
progressed to its present condition. The powers of the Commis-
sioners have been found to be insufficient. It is physically impos-
sible for them to contend with the evil, without authority to employ
agents in the various infected regions. They require, moreover, the
assistance of town authorities, in establishing sanitary regulations
and a sanitary police. And as many portions of the Commonwealth
are exposed to the disease, by the passage of cattle from pasture to
pasture, it would seem necessary that power be conferred for the
formation of a cordon where required, either by extirpation or by
such other means as may be deemed expedient.
The magnitude of the evil is too well known to require any addi-
tional statement from the Commissionei's. They are fully aware of
the large interests involved, and of the extent of the calamity should
they fail in their labors. And while they would leave it to higher
authority to decide whether the course already adopted shall be con-
tinued, or some other plan be adopted, they would express their
confidence in the possibility of arresting the disease, whenever the
employment of vigorous and active measures is authorized.
PAOLI LATHROP.
GEO. B. LORING.
AMASA WALKER.
SECOND SESSION. . 309
DIAGNOSIS
The symptoms of the disease called Pleuro-Pneumonia, described
by English authors, do not essentially differ from those of the
animals affected by the disease in this country.
Amongst the signs or symptoms are these : if the animals are at
pasture at the commencement of the disease, they will be found,
early in the morning, separated from the herd, with arched backs,
coats staring, and refusing to eat; while, as the day advances, they
will join the rest, and appear to be in usual health.
A slight but husky cough will be occasionally recognized ; and, at
times the breathing will be increased, as if the animal had made some
extra exertion ; and in milch cows there will also be a diminished
amount of milk.
As the disease progresses, the cough becomes more frequent and
husky ; the respiration is humid ; the pulse increased and somewhat
oppressed ; the appetite diminished ; rumination suspended ; bowels
constipated ; surface of the body and limbs cold ; the skin rigid and
almost immovable over the ribs ; the animal, on pressure upon the
spine, flinches, and is unable to bear pressure or percussion on the
sides of the chest or costal regions.
In more advanced stages, the respiration is difficult, labored and
painful. The animal frequently lies down ; and when standing, the
head is protruded, the mouth covered with frothy saliva, the muzzle
cold, and the aspect spiritless and haggard.
On striking or percussing the affected side, a dull or dead sound
is usually elicited to a greater or less extent, but this will depend
upon the extent to which the lung has become consolidated, and the
presence or absence of fluid in the cavity of the chest. On applying
the ear to the sides of the chest, one or the other is found to be
affected ; sometimes, though rarely, both are implicated. When
applied in the region of the diseased part, the ear fails to perceive the
low, rustling murmur of healthy lungs, and detects a crepitating sound
or rattle, which, as the case advances towards an unfavorable termi-
nation, becomes duller, and, at last, is altogether inaudible.
An examination of animals, w^hich have died of the disease called
Pleuro-Pneumonia, will present various appearances. The lungs of
the same animal will show all the different stages of the disease ; —
red hepitization, dark spots, and an effusion of serum.
The serial poison, whatever may be its nature, being carried by
the ordinary process of respiration into the air cells of the lungs,
exerts its baneful influence upon the blood as it circulates through
the capillaries.
310 GOVERNOR'S ADDRESS.
The amount of tlie poisonous matter received at each inspiration
is not sufficient to interrupt at once the functions of the lungs ; for
were this the case, death would speedily take place from asphyxia.
We have constant proofs that the disease is 'partial in its attack, and
insidious in its nature, making its way stealthily. Very often it is
unobserved until it has made great ravages on the constitution of
the animal.
The component parts of the lungs are held together by an inter-
stitial areolar tissue, of very minute net-work ; and when the red
corpuscles of the blood escape from the capillaries by the rupture
of their coats, this textui-e retains these bodies in its meshes, and
assists in producing the dark color of the isolated patches.
This color depends in part, also, on the distending of many of
the capillaries, almost to bursting, by the red corpuscles. The united
pressure of the overloaded vessels and of the infiltrated interlobular
and interstitial tissues compresses tlie air cells, and prevents the
entrance of the atmospheric air into them ; hence the absence in
advanced stages of Pleuro-Pneumonia, of the respiratory sound in the
affected parts.
The extreme dark shade of the color of some of the patches
proceeds from the same cause ; for the pigment of the accumulated
corpuscles, in consequence of the exclufion of the oxygen of the air
from the cells, cannot be decarbonized. It is difficult to explain the
precise changes which take place in the blood resulting from the
operation of the serial poison ; but it appears that the vitality of the
fibrin is intei-fered with, and that this with the albuminous constitu-
ents of the fluid, altered also in quality, is transuded from the capil-
lary vessels, and finds its way into the areolar tissue of the lungs,
accumulating where this tissue exists in great abundance, — in the
interlobular spaces ; this inordinate transudation seems to depend on
a tendency in the blood to separate into its several constituents,
arising probably from the diminished vital force of the fibrin, and
an obstruction to the conversion of the albumen of the serum into
fibrin. The fibrino-albuminous portion of the fluid is thus changed
and probably augmented, and their exudation is a natural conse-
quence of such condition.
The red corpuscles being in part deprived of the liquor san-
guinis in which they float, are retained in the capillaries, where
they accumulate in unlimited number, and obstruct their passage
and compress the air cells which they surround, so as to stay the
entrance of the air, and produce, as elsewhere stated, the dark
colored spots which stud the lungs ; it is these effusions and the
obstructed condition of the vessels which gives bulk, increased
weight and sohdity to the lungs, and destroys their function as
aerating organs.
The blocking up of the air cells, vessels, &c., destroys these
structures ; and when this is partial and of little extent, portions of
the lung will become detached, and be inclosed in sacks formed
by the adhesive stage of the subsequent inflammation.
SECOND SESSION. 311
This will also explain how it is that collections of pus and other
morbid products are occasionally observed in post mortem examina-
tions of long existing cases of Pleuro-Pneumonia.
It ought not, therefore, to be a matter of surprise, nor to cast
opprobrium on vetei'inary science, that an affection which depends
on an impoisoned atmosphere, and is associated with such extensive
lesions of organs so essential to health, and which stealthily wends
its way and saps the very vitals, should prove so destructive to
life and likewise resist the most vigorous and scientific treatment.
E. F. THAYER, V. S.
GEORGE BATES, M. D.
Number and Product of Neat Cattle — 1850.
Number of milch cows,* ...... 6,385,094
working oxen,* ...... 1,700,744
other cattle,* 10,293,069
Total neat cattle, 18,378,907
Value of butter, 313,345,000 lbs.,t . . .$56,402,000 00
cheese, 165,535,000 Ibs.,t . . . 8,216,000 00
milk,t 16,000,000 00
labor of oxen, 850,000 yoke, at $20 per
yoke, 17,007,000 00
slaughtered animals, deducting sheep and
swine,* 75,000,000 00
$172,625,000 00
Value of neat cattle, 18,378,000," at $20 per head, 367,560,000 00
Total value of product and property, . $540,185,000 00
Total value in 1860, at an estimated increase of 20
per cent., $648,222,000 00
* Compend Census 1850, p. 174.
t Tucker's Progress of Population in U. S., pp. 63, 64.
CHANGE OF NAMES.
Secretary's Department, 1860.
By the 2.56th chapter of the Acts of 1851, entitled " An
Act to provide for the Change of Names of Persons," it is
provided that " the judges of probate for the several counties
shall annually, in the month of December, make a return
to the office of the Secretary of the Commonwealth, of all
changes of names made under and by virtue of this act ;
and such returns shall be published in a tabular form, with
the statutes of each year." In compliance therewith, returns
of the following changes of names have been received at this
Department, as decreed by the several Judges of Probate
and Insolvency for their respective counties, in the year 1859.
SUFFOLK COUNTY.
Nellie Frances Bartlett, takes the name of Nellie Frances
Wright.
WilliaminaArrabella Crolius, takes the name of Williamina
Arabella Potter.
Caroline F. Eaton, takes the name of Betsey Watson Eaton.
John Finegan, takes the name of John Dillon.
Mary Elizabeth Goodwin, takes the name of Mary Elizabeth
Johnson.
Anna Cordelia Adelaide Hanson, takes the name of Anna
Cordelia Adelaide Johnson.
Heilda Hanson, takes the name of Sarali Eliza Swasey.
John Munroe Little, takes the name of John Mason Little.
Henrietta Stewart Robinson, takes the name of Marietta
Stewart Foster.
Elizabeth Schrader, takes the name of Lizzie Paige.
Charlotte A. Snelling, takes the name of Charlotte A.
Pratt.
William Mathew Smith, takes the name of William Smith
Phillipson.
Mary Elizabeth Walker, takes the name of Minnie Cecilia
Hatchman.
40
3l4 CHANGE OF NAMES.
ESSEX COUNTY.
April 5, 1859. Josiah Dearborn Clark, of Metliuen, a
minor, takes the name of George Merrill Clark. Elisha K.
Bailey and Emily A., his wife, of Salem, adopt Ella Meady,
a minor, and said Ella takes the name of Ella Florence
Meady Bailey.
April 19. John Johnson and Betsey P., his wife, of West
Amesbury, adopt Lucy E. Goodhue, a minor, and said Lucy
takes the name of Emma L. Johnson.
May 3. Lewis Tappan, of Manchester, takes the name of
Lewis Northey Tappan. Charles H. Lane and Eliza G., his
wife, of Gloucester, adopt Annah Frame, a mhior, and said
Annah takes the name of Myra Anna Lane.
June 7. Alexander Cobban, of Groveland, takes the name
of George Albert Cobban. Aquilla R. Baker, of Marblehead,
takes the name of William Rich Baker.
July 5. Orrin Ross Maddox, of Lynn, takes the name of
Orrin Maddox Ross. James Hayes and Catharine, his wife,
of Georgetown, adopt Michael O'Brien, a minor, and said
Michael takes the name of Michael Hayes.
October 4. Thomas B. Cheever and Mary B., his wife, of
Lynn, adopt William Otis Dearborn, a minor, and said Wil-
liam takes the name of William Otis Cheever. Asel Snow,
of Methuen, adopts Eva Mathews, a minor, and said Eva
takes the name of Evalyne Snow.
October 18. Isaac R. Gale and Susan P., his wife, of
Haverhill, adopt George Tucker, a minor, and said George
takes the name of William Gale.
December 6. Moses Longley and Sarah, his wife, of
Rockport, adopt Victoria Stone, a minoi', and said Victoria
takes the name of Sarah Livonia Longley. William C. D.
Page and Elizabeth J., his wife, of Newburyport, adopt
George W. Bennett, a minor, and said George takes the
name of William C. W. Page.
MIDDLESEX COUNTY.
January 4, 1859. John S. and Marianna R. Hartwell, of
Littleton, adopt Ida Frances Hartwell, of Harvard, a minor.
John N. Peirce, Jr., and Mary D. Peirce, of Lowell, adopt
Annie Augusta Peirce, a minor.
March 8. Samuel M. P. Hersey, of Charlestown, takes
the name of Samuel M. Plummer. John J. and Lucy
Bourne, of Charlestown, adopt Emma Fairbarn, of Somer-
ville, a minor, and said Emma takes the name of Emma
CHANGE OF NAMES. 315
Lucy Bourne. Ezra and Caroline C. Wing, of Newton,
adopt Amelia West, of Boston, a minor, and said Amelia
takes the name of Carrie Amelia Wing;.
April 26. Charles M. and Caroline A. Dinsmoor, of
Cambridge, adopt William Richard Marshall Goodall, of
Boston, a minor, and said William takes the name of Wil-
liam Richard Dinsmoor.
May 10. James and Mary D. Watson, of Lowell, adopt
Mary Elizabeth Churchill, of Lowell, a minor, and said Mary *
takes the name of Mary Elizabeth Watson.
June 7. Mary Hamblet, of Dracut, adopts Ellen Quinn,
of Dracut, a minor, and said Ellen takes the name of Mary
Ellen Hamblet.
June 14. John Knight, 3d, of Woburn, takes the name
of John Gould Knight. John Mirrorgen, of South Reading,
takes the name of John Forrest.
June 28. James and Lizzie A. L. Hurd, of Waltham,
adopt Emma Frances Gregory, of Waltham, a minor, and
said EnuTia takes the name of Emma Frances Hurd.
August 9. John Barrett Brewster, of Maiden, takes the
name of John Calvin Brewster.
September 6. Henry C. and Caroline Parker, of Woburn,
adopt Sarah Jane Card, of Raymond, New Hampshire, and
said Sarah takes the name of Sarah Jane Parker.
October 11. David M. and Julia A. Luf kin, of Cambridge,
adopt Emma Gertrude, a minor, and said Emma takes tlie
name of Emma Gertrude Lufkin. Henry A. and Harriet
Tufts, of West Cambridge, adopt Clara Lavinia Spalding,
of Wilton, New Hampshire, a minor, and said Clara takes
the name of Mary Lavinia Tufts.
October 25. Roswell W. and Mary H. Turner, of Newton,
adopt Mary Jane McElmurry, of Clarksville, Maryland, a
minor, and said Mary takes the name of Mary Frances Turner.
November 8. James and Lucy J. Pickering, of Waltham,
adopt Jennie Taylor, of Newburyport, a minor, and said
Jennie takes the name of Jennie Augusta Pickering.
November 22. John W. and Matilda Fairbanks, of Mel-
rose, adopt Evalyn Maria Brown, of Lowell, a minor, and
said Evalyn takes the name of Matilda Fairbanks.
December 13. John W. and Sarah S. Gardner, of Cam-
bridge, adopt John Stewart, of Boston, a minor, and said
John takes the name of Franklin Wesley Gardner.
316 CHANGE OF NAMES.
WORCESTER COUNTY.
Cyras Aiigell, takes the name of Cyrus Locke. William
A. Friuke, takes the name of William Augustus Mandell.
Sarali Anna Leonard, takes the name of Saiah Anna Leon-
ard Howe. Will)ur Fiske, takes the name of William
Ai'tlnir Loud. Georgiaiia Salisbury, takes the name of
Georgiaua Eliza Rngg. Martha Ann Peirce, takes the name
of Ann Eliza Wood. George Harrison Sherwin, takes the
name of George Sherwin. Craft Eastman, takes the name
of Edward Craft Eastman. John Carey, takes the name
of John Carey Wood. Charles Sylvester Hoar, takes the
name of Charles Sylvester Brooks. Patrick Duffy, takes the
name of John Duffy. Hartwell B. Staples, takes the name
of Thomas Benton Staples. Mary Elizabeth Clapp, takes
the name of Mary Elizabeth Clapp Watson. Charles FoUen
Blood, takes the name gf Charles Follen Blake. Helen B.
Fish, takes the name of Emma Eldredge. Artemas Brig-
ham, takes the name of Andrew Densmore. Jennie Rice,
takes the name of Jennie Rice Eaton. Frank Wilder Messer,
takes the name of Frank Wilder Gibson. Jessie F. Watson,
takes the name of Jessie Watson Clark. Elizabeth Colon,
takes the name of Elizabeth Greenwood. George W. A.
Lane, takes the name of George W. Johnson. Elizabeth
Reynolds, takes the name of Agnes Aldanah Billings.
George Jones Gage, takes the name of George Tufts
Brackett.
HAMPSHIRE COUNTY.
June 7,1859. Alden B. Curtis and wife, of Worthington,
adopt Willie Albro Mellen, and said Willie takes the name
of Willie Albro Curtis.
July 5. Elbert Langdon and wife, of Westhampton, adopt
Clarence H. Williams, and said Clarence takes the name of
Clarence H. Lancdon.
HAMPDEN COUNTY.
March 1, 1859. Isabel Julia Shaw, adopts Isabel Julia
Smith.
July 5. Lizzie Pitman Vaille, takes the name of Lizzie
Chase.
Sept^nber 13. Elizabeth Frances Tainter, adopts Eliza-
beth Frances Bracket.
CHANGE OF NAMES. 317
FRANKLIN COUNTY.
February 8, 1859, George L. Hovey and wife, of Green-
field, adopt Ellen E. Carpenter, a minor, and said Ellen
takes the name of Ellen E. Hovey.
October 11. Shadrach B. Upton and wife, of Charlemont,
adopt Mai-y Ellen Hawks, a minor, and said Mary takes the
name of ]\Iary Ellen Upton.
November 1. Abel Button and wife, of Colrain, adopt
Fanny M. Wells, a minor, and said Fanny takes the name of
Fanny B. Button. Amasa Bardwell and wife, of Shelburne,
adopt Ida Mary Roberts, a minor, and said Ida takes the
name of Ida Mary Bardwell.
BERKSHIRE COUNTY.
May 3, 1859. William and Amanda Rath, of Hinsdale,
adopt Edward Homer England, and said Edward takes the
name of Edward Homer Rath.
NORFOLK COUNTY.
Grenville Brooks and wife, of Quincy, adopt Anne Smith,
a minor, and said Anne takes the name of Florence Eliza
Brooks.
Andrew J. Laighton and wife, of Stonghton, adopt John
Chisholm, a minor, and said John takes the name of Ernest
Laighton.
William Henry Hitclrcock and wife, of Sharon, adopt
Beulah Wadsworth Sprague Joyce, a minor, and said Beulah
takes the name of Beulah Josephine Hitchcock.
Rufus Baniels and wife, of Stoughton, adopt Mary Bamon,
a minor, and said Mary takes the name of Cora Ann Baniels.
Edwin Field and wife, of Brookline, adopt Frances Louisa
Hendrick, a minor, and said Frances takes the name of
Frances Louisa Field.
Henry L. Studley and wife, of Cohasset, adopt Elizabeth
B. Sanderson, and said Elizabeth takes the name of Liza
Studley.
Maria Antoinette Hill, of Foxborough, takes the name of
Maria Antoinette Perry.
Frank Ellis Hill, of Foxborough, a minor, takes the name
of Frank Ellis Perry.
318 CHANGE OF NAMES.
BRISTOL COUNTY.
January 4, 1859. Joseph Lawtoii, takes the name of
Joseph Lawton Mosher.
June 7. Emeline A. Rounds, takes the name of Emeline
A. Hathaway.
July 8. Walter Hollis, takes the name of Ernest Albert
Guild.
PLYMOUTH COUNTY.
Juliet C. Morton, of Middleborough, a minor, takes the
name of Hannah H. Morton.
BARNSTABLE COUNTY.
Addie Maria Crowell, takes the name of Olivia James
Crowell. Henry Ebenezer Crosby, takes the name of Henry
Ebenezer Atkins. Eunice Clark Swift, takes the name of
Eunice Catharine Swift.
No application for change of name has been made to the
judges of probate and insolvency for the counties of Dukes
and Nantucket, during the year 1859.
THE
CIVIL GOVERNMENT
(Jt0ntnionfoeaItl) of S^^assadjusdts,
AND OFFICERS LMMEDIATELY CONNECTED THEREWITH,
FOR THE POLITICAL YEAR, 1860.
EXECUTIVE DEPARTMENT.
HIS EXCELLENCY
NATHANIEL P. BANKS,
GOVERNOR.
HIS HONOR
ELIPHALET TRASK,
LIEUTENANT-GOVERNOR.
COUNCIL— (By Districts).
I.— JACOB SLEEPER, V. — LYMAN DIMOCK,
IL — JOHN L BAKER,
IIL— JAMES M. SHUTE,
IV. — HUGH W. GREENE,
VI. — AARON C. MAYHEW,
VII. — J. McKEAN CHURCHILL,
VIII. — CHARLES F. SWIFT.
OLIVER WARNER,
Secretary of the Commonwealth.
CHARLES W. LOVETT, 1st Clerk. ALBERT L. FERNALD, 2d Clerk.
MOSES TENNEY,
Treasurer and Receiver-General.
DANIEL H. ROGERS, 1st Clerk. JOHN H. SMITH, 2d Clerk.
STEPHEN H. PHILLIPS,
Attorney-General.
WILLIAM G. CHOATE, Clerk.
CHARLES WHITE,
Auditor of Accounts.
JULIUS L. CLARKE, Clerk.
G E N E H A L COURT,
Arranged in Accordance with the District System of 1857.
SENATE.
President— C KARL ES A. PHELPS.
District.
Name of Senator.
ResiJence.
First Suffolk, . . .
Nehemiah Boynton,
Chelsea.
Second " ...
Lucius Slade, .
* Boston.
Third " ...
Thomas P. Rich, .
u
Fourth " "...
Charles A. Phelps,
il
Fifth " ...
George Odionie, .
u
First Essex, ....
Edwin Walden,
Lynn.
Second " ....
J. B. F. Osgood, .
Salem.
Third " ....
George L. Davis, .
North Andover.
Fourth " ....
Benjamin Evans, .
Salisbury.
Fifth " ....
Warren Tilton, . .
Beverly.
First Middlesex, . .
Eugene L. Norton,
Charlestown.
Second " ...
Stephen T. Farwell,
Cambridge.
Third " ...
William Claflin, .
Newton.
Fourth " ...
Benjamin W. Gleason,
Stow.
Fifth " ...
Horace Conn, . . .
Woburn.
Sixth " ...
Ephraim B. Patch,
Lowell.
Central Worcester, .
Dexter F. Parker, . .
Worcester.
41
322
SENATE.
District.
Name of Senator.
Residence.
South-East Worcester,
Alvin Cook, . . .
Uxbridge.
South- West "
Nathaniel Eddy, .
Oxford.
West "
Jason Gorhani, . .
Barre.
North-East "
Goldsmith F. Bailey,
Fitchburg.
East "
John E. Frye,* . .
Bolton.
Hampshire, ....
Hiram Nash, . .
Williamsburg.
Frankhn,
Carver Hotchkiss, .
Shelburne.
Hampshire & Franklin,
Lucius M. Boltwood,
Amherst.
West Hampden, . .
Timothy W. Carter,
Chicopee^
East " . .
Gordon M. Fisk, .
Palmer.
North Berkshire, . .
Lansing J. Cole, .
Cheshire.
South "
Samuel B. Sumner,
Great Barrington
North Norfolk, . .
Samuel Walker, .
•
Roxbury.
East " . .
J. H. D. Blake, . .
Braintree.
West " . .
Milton M. Fisher, .
Medway.
North Bristol, . . .
Cassander Gilmore,
Raynham.
South " ...
Samuel Wtitsou, .
New Bedford.
West " ...
Menzies R. Randall,
Rehoboth.
North Plymouth, . .
Levi Reed, . . .
Abington.
South " . .
John M. Kinney, .
Wareham.
Middle " . .
Nathaniel H. Whiting,
Marshfield.
Cape,
Marshall S. Underwood,
Dennis.
Island,
Ichabod N. Luce, . . .
Edgartown.
STEPHEN N. GIFFORD, Cleric. JOSEPH MARSH, Chaplnin.
JOHN MORISSEY, Sergeant-at-Arms.
* Resigned and Thomas Rice, of Shrewsbury, chosen to fill yacancy.
HOUSE OF REPRESENTATIVES.
Speaker— J O B.^ A. GOODWIN.
COUNTY OF SUFFOLK.
Town or Ward.
Name of Representative. Residence
1st,
2d,
3d,
4th,
5th,
6th,
7th,
8th,
9th,
10th,
11th,
12th,
Ward 1, Boston,
Ward 2, Boston,
Ward 3, Boston,
Ward 4, Boston,
Ward 5, Boston,
Ward 6, Boston,
Ward 7, Boston,
Ward 8, Boston,
Ward 9, Boston,
Ward 10, Boston,
Wai'd 11, Boston,
Ward 12, Boston,
Martin Griffin, . . .
Jesse Holbrook,
Amos A. Dunnels,
Nehemiah Gibson,
Stephen N. Stockwell,
Caleb Barker, . .
John C. Tucker, .
Josiah A. Brodhead,
Charles Hale, . .
Andrew Abbot, .
Frederick Whiton, ■
Martin Brimmer, .
Philip H. Sears, .
Thomas C. Amory, Jr.,
Charles J. McCarthy,
Otis Rich, . . .
George A. Shaw, .
Thomas Hills, . .
Thomas D. Morris,
Abijah Ellis, . .
Moses Kimball,
Amos B. Merrill, .
H. Farnam Smith,
William C. Jenkins,
Judah Sears, . .
Thomas Spinney, .
Boston.
Boston.
Boston.
u
Boston.
Boston.
Boston.
Boston.
Boston.
Boston.
Boston.
Boston.
it
Boston.
324
HOUSE OP REFRESENTATIYES.
COUNTY OF SUFFOLK— Continued.
Town or Ward.
Name of Representative.
13th,
Chelsea, . . .
North Chelsea,
Winthrop, . .
Wm. Oi-ne Haskell,
Benjamin Shurtleff,
Chelsea.
North Chelsea.
COUNTY OF ESSEX.
1st,
( Amesbury, .
< Salisbury, .
( Newburyport,
1
Elbridge G. Colby,* .
Timothy S. Robinson,
Amesbury.
Salisbury.
2d,
Andover, .
George Foster, . . .
Andover.
3d,
( Beverly,
-< Wenham, .
( Topsfield, .
\
William E. Kimball, .
Andrew F. Wales, .
Topsfield.
Beverly.
4th,
Danvers,
Arthur A. Putnam, .
Danvers.
5th,
j Essex, . .
I Manchester,
I
John Prince, . . .
Essex.
6th,
^ Georgetown,
( Groveland, .
Samuel Hood, . . .
Georgetown.
7th,
Gloucester, .
John J. Babson, . .
Fitz J. Babson, . .
Gloucester.
u
8th,
Haverhill, .
George W. Chase,
Levi C. Wadleigh, .
Haverhill.
9th,
j Ipswich, . .
( Hamilton, .
George Haskell, . .
Ipswich.
10th,
( Wards 3 and 4
I rence, . .
, Law
Thomas A. Parsons, .
Lawrence.
11th,
(Wards 1, 2,
I Lawrence,
and 6
) f
Henry K. Oliver, . .
Lawrence.
12th,
Wards 2 and .5
Lynn
,
Josiah F. Kimball, .
Lynn.
13th,
(Wards 1, G,
( Lynn, . .
and 7
:}
Charles Merritt, . .
Lynn.
14th,
( Marblehead & Ward ?
I 5, Salem, . . . ^
Samuel L. Batchelder,
Samuel Goodwin, . .
Salem.
Marblehead.
* Besigned, and Orlando S. Bailet, of Salisbury, chosen to fill vacancy.
HOUSE OF REPRESENTATIVES.
COUNTY OF ESSEX— Continued.
325
Town or Ward.
Name of Representative. Residence.
15th,
16th,
17th,
18th,
19th,
20th,
21st,
22(1,
23d,
24th,
25th,
26th,
( Methuen and Ward 5
( Lawrence, .
( Nahant and Ward 4
I Lynn,
( Newbury, . .
■} West Newbury, .
( Rowley, ....
5 Wards 1 and 2, New-
( buryport, . . .
j Wards 3, 4, and 5
( Newburyport, .
( Bradford, . . .
< North Andover, .
( Boxford, . .
Rockport, . . .
Wards 1 & 3, Salem
Wards 2, 4, and 6
Salem, ...
SSaugus, . .
Lynnfield, . .
Middleton, . .
South Danvers,
Swampscott & Ward [
3, Lynn, . . . . j
David Gleason, . .
Gustavus Atwill, . .
Moses T. Whittier, .
John Woodwell, Jr., .
Enoch S. Williams, .
Warren Ordway, . .
John D. Sanborn,
George Choate, . .
Charles W. Uj)ham, .
Nathaniel A. Horton,
John Danforth, Jr., .
John V. Stevens, . .
Charles G. Clark, . .
Methuen.
Lynn.
Rowley.
NeAvbur} port.
Newburyport.
Bradford.
Rockport.
Salem.
Salem.
Lynnfield.
South Danvers.
Lynn.
COUNTY OF MIDDLESEX.
1st,
2d,
3d,
4th,
Ward l,Cliarlestown, Charles Field, . .
5 Wards 2 & 3, Charles- ( ^^f '^•""{^ ^f >'' "
i ' -{ Ldwm Woodman, .
t to'^"' ( James F. Dwinell,
Somerville, .... Asa Fisk, . . .
Maiden, ] John Q. A. Griffin,
Charlestown.
Charlestown.
Somerville.
Maiden.
326
HOUSE OF REPRESENTATIVES.
COUNTY OF MIDDLESEX— Continued.
District.
Town or Ward.
Name of Kepresentative.
Residence.
5th,
Medford, . .
William M. Cudworth,
Medford.
6th*
( West Cambridge,
I Winchester,
:1
Joseph Burrage, . .
W. Cambridge.
7th,
Cambridge,
•1
Francis L. Chapman,
Geo. Wm. McLellan, .
Nathan K. Noble, . .
Cambridge.
u
8th,
( Newton, . . .
I Brighton, . .
:}
Will'd A. Harrington,
Thomas Rice, Jr., . .
Brighton.
Newton.
9th,*
j Watertown,
I Waltham, . .
Joseph Crafts, . . .
Frederic M. Stone, .
Watertown.
Waltham.
10th,
( Concord, . .
-} Lincoln, . . .
(Weston,. . .
;l
Simon Brown, . . .
Concord.
11th,
Natick, . . .
John 0. Wilson, . .
Natick.
12th,
5 Holliston, . .
l Sherborn, . .
;l
Orrin Thomson, .
Holliston.
13th,
( Ashland,
l Hopkinton, . .
:}
William A. Phipps, .
Hopkinton.
14th,
Framingham, .
James W. Brown, . .
Framingham.
15th,
Marlborough, .
Horatio Alger, . . .
Marlborough.
16th,
( Stow, . . .
■1 Sudbury, . .
( Wayland, . .
;i
David Heard, . . .
Wayland.
17th,
f Acton, . . .
J Boxborough, . .
j Littleton, . . .
t Carlisle, . . .
■ y
■ 1
•J
Sam'l B. Chamberlain,
Carlisle.
18th,
( Burlington, . .
■1 Bedford, . . .
(Lexington, . . .
■1
P. W. Chamberlin, .
Bedford.
19th,
Woburn, . . .
Nathan Wyman, . .
Woburn.
20th,
( South Reading, .
< Melrose, ....
( Stoneham, . . .
i
Lyman Dike, . . .
John Wiley, 2d, . .
Stoneham.
South Reading.
* Town of Belmont incorporated 1859, embracing portions of Districts G and 9.
HOUSE OF REPRESENTATIVES.
COUNTY OF MIDDLESEX— Continued.
327
Town or Ward.
Name of Kepresentative.
21st,
22d,
23d,
24th,
25th,
26th,
27th,
( Reading, .... 7
l North Reading, . . |
( Wilmington, . . .
■< Tewksbury, . . .
(Billerica, ....
(Wards 1, 2, and 5,
I Lowell, ....
Wards 3, 4, and 6,
Lowell, . . . .
( Chelmsford,
< Dracut, . . .
{ Tyngsborough,
'' Shirley, . .
Groton, . .
Dunstable, .
W^estford, .
Pepperell, .
( Townsend, .
JAshby, . .
Edward M. Horton,
Lemuel C. Eames,
Jeremiah Clark, .
David Nichols, . .
Stephen P. Sargent,
Noah F. Gates,
John A. Goodwin,
Tappan Wentworth,
Josiah Ames, Jr.,
George T. Day,
Alpheus Swallow,
Alexander Craig,
Reading.
Wilmington.
Lowell.
Lowell.
a
n
Dracut.
Westford.
Dunstable.
Townsend.
COUNTY OF WORCESTER.
1st.
C Ashburnham,
I VVinchendon,
\
William Murdock,
Winchendon.
2d,
( Athol, . .
( Royalston, .
\
Nathaniel Richardson,
Athol.
3d,
( Dana, . .
< Petersham, .
( Phillipston, .
1
Nathaniel L. Johnson,
Dana.
4th,
5 Templeton, .
1 Hubbardston,
}
Leonard Stone, . .
Templeton.
5th,
f Gardner,
I Westminster,
\
Seth Heywood, . . .
Gardner.
328
HOUSE OF REPRESENTATIVES.
COUNTY OF WORCESTEI?^Continued.
Town or Ward.
Name of Representative. Kesidence.
6th,
7th,
8th,
9th,
10th,
11th,
12th,
13th,
14th,
15th,
16th,
17th,
18th,
19th,
fFitchburg, .
J Leominster,
] Sterhng,
l_ Lunenburg,
( Harvard,
■^Bolton, . .
( Berlin, . .
( Clinton, . .
I Lancaster, .
( Princeton, .
-| Rutland,
( Oakham,
( Bar re, . .
\ Hard wick, .
( Warren, . .
} West Brookfield,
(New Braintree,
( North Brookfield,
\ Brookfield, . . .
( Leicester, . .
( Spencer, . .
r West Boylston,
■< Holden, . .
( Pax ton, . .
( Shrewsbury,
-| Norlhborough,
(Boylston, .
j Westborough,
( Southborough,
Grafton, . .
( Northbi'idge,
( Upton, . .
Milford, . .
John Howard, .
Francis Tinker,
Edwin Upton, .
George W. Maynard,
Jonas E. Howe, . .
Franklin Hathaway, .
Forister B. Aiken,
George Crowell, . .
John Howe Jenks, .
John D. Cogswell,
Windsor N. White, .
John Andrews, .
Albert J. Burnap, . .
Charles Brigbam, . .
Henry D. Johnson, .
James H. Barker, . .
Andrew J. Sumner, .
Lunenburg.
Leominster.
Fitchburg.
Berlin.
Clinton.
Rutland.
Hardwick.
W. Brookfield.
N. Brookfield.
Leicester.
W. Boylston.
Boylston.
Westborough.
Grafton.
Upton.
Milford.
HOUSE OF REPRESENTATIVES.
COUNTY OF WORCESTER— Continued.
329
20th,
21st,
22d,
23d,
24th,
25th,
26th,
27th,
28th,
29th,
30th,
Town or Ward.
Name of Representative.
Residence.
( Uxbridge, .
I Mendou,
Blackstone, .
( Webster,
[ Douglas,
( Southbridge,
I Dudley, . .
5 Charlton, .
I Sturbridge, .
r Oxford, . .
-; Sutton, .
(Millbury, .
( Auburn, and Ward 7
I 6, Worcester, . . [
( Wards 1 and 2, Wor- 1
I cester, . . . . j
( Wards 3 and 8, Wor- 1
( cester, . . . . \
Wards 4 and 5, AVor-
cester, . . .
Ward 7, Worcester,
:}
Sumner Ballou,
John G. Ray, . .
John Abbott, . .
Verney Fiske, . .
Gilbert Rich, . .
Setli Daniels, . .
George Hodges, Jr.
Benjamin F. Otis, .
Samuel A. Knox, .
Henry C. Rice,
Joseph Pratt, . .
Timothy S. Stone,
Mendon.
Blackstone.
Douglas.
Southbridge.
Charlton.
Oxford.
Worcester.
Worcester.
Worcester.
Worcester.
Worcester.
COUNTY OF HAMPSHIRE.
1st,
2d,
3d,
f Easthampton,
J Hatfield,
Northampton,
(^ Southampton,
[ Chesterfield,
J Huntington,
j Westhampton,
[_ Williamsburg,
Cummington,
Goshen, . .
■{ Middlefield,
Plainfield, .
^ Worthington,
Lafayette Clapp, .
Samuel L. Parsons,
Charles H. Kirkland,
Samuel W. Lincoln,
Easthampton.
Northampton.
Huntington.
Plainfield.
42
330
HOUSE OF REPRESENTATIVES.
COUNTY OF HAMPSHIRE— Continued.
Distriot.
Town or Ward.
Ivame of Representative.
Residence.
4th,
5th,
6th,
( Hadley, . . . . •. )
I South Hadley, . . j
C Amherst, . . . . )
■< Granby, >
( Pelham, )
'Belchertown, . . .']
Enfield,
- Greenwich, ....)■
Prescott, ....
.Ware, J
Thaddeus Smith, . .
Josiah Ayres, . . .
Samuel D. Cowles, .
Lewis Demond, . .
Hadley.
Amherst.
Belchertown.
Ware.
COUNTY OF HAMPDEN.
1st,
2d,
3d,
-1th,
5th,
6th,
7th,
8th,
9th, !
10th,
f Brmifield,
J Monson, .
] Holland,
[Wales, .
■1
■ y David F. Parker,
■ I
J
Palmer,
Wilbraham, . .
Longmeadow, . . .
Wards 1 & 2, Spring-
field,
Wards 3 & 4, Spring-
field,
f Wards, 5, 6, 7 and 8,
I Springfield, . .
( Chicopee, . . .
( Ludlow, ....
f Holyoke, . . .
I West Springfield,
( Agawam, . . .
< Southwick, . . .
( Granville, . . .
Westfield, . . .
John Clough, .
William P. Spellman,
Kichard Bliss, . . .
Daniel Gay, ....
Ezra Kimberly, . .
Wales.
Palmer.
Wilbraham.
Springfield.
Springfield.
Springfield.
Joseph B. McCune
George S. Taylor,
Chicopee.
a
Wm. B. C. Pearsons, . Holyoke.
James H. Ferre, . .
Jasper Raym'd Rand,
Agawam.
Westfield.
HOUSE OF REPRESENTATIVES.
COUNTY OF HAMPDEN— Continued.
381
District.
Towns.
Name of Kepresentative.
Residence.
11th,
f Chester, '
Blandford, ....
-( Tolland, )•
Montgomery, . . .
[_ Russell, j
Addison M. Bradley, i Russell.
1
COUNTY OF FRANKLIN.
1st,
2d,
3d,
4th,
5th,
6th,
7th,
' Bernardston
Colrain, .
Greenfield,
] Gill, . .
Leyden, .
{_ Shelburne,
CBuckland,
I Charlemont
- Heath, .
Monroe, .
^ Rowe,
( Ashfield,
-} Conway,
( Hawley, .
( Deerfield,
I Whately,
f Leverett,
J Shutesbury,
j Sunderland,
L Wendell, .
( Erving, .
■< Montague, .
(Northfield, .
TNew Salem,
-s Orange, .
( Warwick, .
^ j Jonathan Budington, .
[ Timo. M. Stoughton, .
John Vincent,
Leyden.
Gill.
Philip Gale, .... Heath.
Hawlev.
William H. Fuller. . Whately.
Henry Peirce, . . . Shutesbury.
Samuel G. Pratt, . . Montague.
Nathaniel E. Stevens, Warwick.
332
HOUSE OF REPRESENTATIVES.
COUNTY OF BERKSHIRE.
Name of Representative. Residence.
1st,
2d,
3d,
4th,
5th,
6th,
7th,
8th,
9th,
f Hancock. .
J Lanesborouorh,
j New Ashford,
l^ Williamstown,
Adams, . .
Cheshire,
Clarksburg,
Florida, . .
^ Savoy, . .
( Pittsfield,
4 Dalton, .
( Richmond,
rBecket, . .
I Hinsdale, .
-> Peru, , . .
j Washington,
l^ Windsor, .
f Lenox, . .
■} Stockbridge,
(West Stockbridge,
■1: I
y ' William E. Johnson, . | Williamstown.
J
Timothy Baker, . . i Savoy.
Geo. W. Nottingham, Adams.
Robert W. Adam, . . \ Pittsfield.
William R. Plunkett, "
Andrew J. Babbitt,
j Lee,
l Tyringham, . .
( Great Barrington,
] Alford, ....
( Monterey, . . .
( New Mai'l borough,
-; Sandisfield,. . .
(Otis,
Windsor.
Henry W. Bishop, . Lenox.
John Stallman, Jr., . Lee.
William Stoddard, . Alford.
Henry W. Bosworth, Otis.
r Sheffield, . . .
-< Mount Washington,
(Egremont, . . .
John Scovill,
Sheffield.
HOUSE OF REPRESENTATIVES.
COUNTY OF NOKFOLK.
333
1st,
2d,
3d,
4th,
5th,
6th,
7th,
8th,
9th,
10th,
11th,
12th,
13th,
14th,
Town or Ward.
Name of Representative.
Dedham, . .
West Roxbury,
Brookline, . .
Roxbuiy, . .
Dorchester,
Quincy, . .
Braintree, .
Weymouth,
Randolph, .
Stoughton, .
r Canton, . .
J Milton, . .
1 Walpole, .
l_ Sharon, . .
( Foxborongh,
< Wrentham, .
( Medway,
^ Franklin,
( Bellingham,
(Needham, .
} Medfield, .
( Dover, . .
Eliphalet Stone,
Samuel Jackson,
Thomas Parsons,
Isaac S. Burrell,
George H. Williams
Henry Willis, .
Ebenezer Eaton,
Henry L. Pierce,
Jonathan Jameson,
Francis A. Hobart,
David S. Murray, •
Otis Smith, . . .
Thomas White, Jr.,
Elmer H. Capen, .
Asahel S. Drake,
John S. Eldridge,
Otis Cary, . . .
Chauncey G. Fuller,
James M. Freeman,
Jacob R. Cushman,
Dedham.
West Roxbury.
Brookline.
Roxbury.
Dorchester.
Quincy.
Braintree.
Weymouth.
Randolph.
Stoughton,
Sharon.
Canton.
Foxborough.
Wrentham.
Franklin.
Medfield.
COUNTY OF BRISTOL.
1st,
2d,
5 Pawtucket, . .
I Attleborough, .
(Mansfield, . .
I Norton, . . .
:}
George D. Hatch, . .
Elisha Wilmarth, . .
Walter A. Crowley, .
Attleborough.
u
Mansfield.
334
HOUSE OF REPRESENTATIVES.
COUNTY OF BRISTOL— Continued.
Town or Ward.
Name of Representative.
3d,
4th,
5th,
6th,
7th,
8th,
9th,
10th,
11th,
12th,
5 Easton, .
I Raynham,
Taunton,
j Rehoboth,
( Seekonk,
:}
:\
TDighton, . . . . )
■} Somerset, . . . .S-
( Swanzey, . . . . )
Fall River, . . . A
Westport, ....
Dartmouth, ....
Wards 1 and 2, New
Bedford, ....
Wards 3, 4, 5 and (5,
New Bedford, . .
(Berkley, . . . .J
■I Freetown, . . . .)-
{ Fairhaven, . . . . )
Hiram A. Pratt, . .
Elisha Copeland, . ■ .
Henry Sproat, . . .
Sol. Woodward, Jr., .
Ira S. Baker, . . .
Edward F. Gai'dner,
Lloyd S. Earle,
S. C. Wrightitigton,
Perry Davis, . .
Francis W. Mason,
Alanson Borden, .
Sabin P. Chamberlain,
Nathan B. Gifford, .
Richai'd A. Peirce, .
James Rider, . . .
Marcus M. Rounsevill,
Samuel L. Ward, . .
Easton,
Taunton.
Rehoboth.
Swanzey.
Fall River.
Westport.
Dartmouth.
New Bedford.
a
New Bedford.
Freetown.
Fairhaven.
COUNTY OF PLYMOUTH.
THull, "^
George Beal, . . .
1st,
■< Cohasset, . .
( Scituate, . .
:1
Cohasset.
2d,
Hingham, . .
Demerick Marble,
Hingham.
3d,
j South Scituate,
( Hanover, . .
:}
Isaac Totman, Jr.,
South Scituate.
4th,
5 Marshfield, . .
( Pembroke, . .
:1
John Tilden, . . .
Marshfield.
HOUSE OF REPRESENTATIVES.
COUNTY OF PLYMOUTH— Continued.
335
District.
Towns.
Kame of Kepresentative.
Residence.
5th,
5 Duxbury, . . .
\ Kingston, . . .
■}
George Bradford, . .
Duxbury.
6th,
j Plymouth, . . .
( Carver, ....
William T. Hollis, .
Charles H. Howland,
Plymouth.
7th,
5 Wareham, . . .
I Marion, ....
}
Silas T. Soule, . . .
Wareham.
8th,
( Mattapoisett, . .
■< Rochester, . . .
(Lakeville, . . .
I
David Lewis, . . .
Rochester. •
9th,
Middleborough, .
Andrew M. Eaton, .
Middleborough.
10th,
( Bridgewater, . .
( West Bridgewater,
\
Caleb Copeland, Jr., .
W.Bridgewater.
nth.
f East Bridgewater, .
I North Bridgewater, .
]
David Pratt, 2d., . .
Edw. Southwortli, Jr.,
E. Bridgewater.
N. Bridgewater.
12th,
Abington, ....
{
Benjamin Frost, . .
Meritt Nash, . . .
Abington.
u
13th,
C Hanson,
■} Halifax,
( Plymptou, ....
\
Winslow Conant, . .
Hanson.
COUNTY OF BARNSTABLE.
1st,
( Barnstable, ....
< Sandwich, ....
(Falmouth, ....
Joseph Hoxie, . . .
Ansel Lewis, . . .
William Nye, Jr., . .
Sandwich.
Barnstable.
Falmouth.
2d,
f Yarmouth, . . . ."
j Dennis,
] Harwich, . . . . j
1_ Chatham, ... .J
James S. Howes, . .
Benj. H. Matthews, .
Edward Smalley, . .
Dennis.
Yarmouth.
Harwich.
3d,
r Brewster, . . . .^
< Orleans, ... . . . |-
(Eastham, . . . .)
Nathan- Crosby, . .
Brewster.
4th,
rWellfleet, ....■)
< Truro, >•
( Provincetown, . . . }
Simeon Atwood, Jr., .
James Gifford, . . .
WelMeet.
Provincetown.
336
HOUSE OF REPRESENTATIVES.
COUNTY OF DUKES.
District.
Towns.
Name of Kepresentatlve.
Residence.
One.
(Edgartown, . • .)
■^Tisbury, [
(Chilmark, . . . .)
!
Alexander Newcomb, Tisbury.
COUNTY OF NANTUCKET.
One.
Nantucket, . .
James Thompson, ,
Charles Wood, . .
Nantucket.
WILLIAM STOWE, Clerk.
WARREN BURTON, Chaplain.
JOHN MORISSEY, Sergeant-at-Arms.
EDGAR M. BROWN, Door-keeper.
COMMITTEE
On the Valuation of Property in the Commonwealth.
On the part of the Senate.
Goldsmith F. Bailey,
J. H. D. Blake,
Nehemiah Boynton,
Timothy W. Carter,
Lansing J. Cole,
Cassander Gilmore,
Carver Hotchkiss,
John M. Kinney,
IcHABOD N. Luce, .
Hiram Nash, .
E. L. Norton, .
J. B. F. Osgood, .
Charles A. Phelps,
Marshall S. Underavood,
On the part of the House
Simeon Atwood, Jr.,
Josiah a. Brodhead,
Henry W. Bosworth,
Simon Brown,
James W. Brown, .
Sabin p. Chamberlain,
John Danforth, Jr.,
Chauncey G. Fuller,
Noah F. Gates,
John A. Goodwin, .
Charles Hale,
George Hodges, Jr.,
Charles H. Howland,
Henry D. Johnson,
Nathaniel L. Johnson,
Demerick Marble,
George W. McLellan,
Charles Merritt,
Benjamin F. Otis,
Thomas Parsons, .
Thomas A. Parsons,
William B. C. Pearsons,
Henry Pierce,
Otis Rich,
John D. Sanborn.
Thaddeus Smith,
Charles Wood,
S. C Wrightington,
43
Fitchburg.
Braintree.
Chelsea.
CMcopee.
Cheshire.
Rnynham.
Shelburne.
Warehnm.
Edyartmvn.
Willifimsburff.
Charlestown.
Salem.
Boston.
Dennis.
WeUfleet.
Boston.
Otis.
Concord.
Framingham.
New Bedford.
Lynnfeld.
Wrenthnm.
Lowell.
Lo^oell.
Boston.
Oxford.
Plymouth.
Upton.
Danit.
IHnghrmi.
Cfimbridge.
Lynn.
Worcester.
BrooMine.
L^mn'ence.
Holyoke.
Shuteshury.
Boston.
Rod-port.
Hadlty.
Nantucket.
Fall River.
JUDICIAL DEPARTMENT
SUPREME JUDICIAL COURT
CHIEF JUSTICE.
LEMUEL SHAW, of Boston.
ASSOCIATE JUSTICES.
CHARLES A. DEWEY, of Northampton.
THERON METCALF, of Boston.
GEORGE T. BIGELOW, of Boston.
PLINY MERRICK, of Boston.
EBENEZER R. HOAR, of Concord.
SUPERIOR COURT.
CHIEF JUSTICE.
CHARLES ALLEN, of Worcester.
ASSOCIATE JUSTICES.
JULIUS ROCKWELL, of Pittsfield.
OTIS P. LORD, of Scdem.
MARCUS MORTON, Jr., of Andover.
EZRA WILKINSON, of Dedham.
HENRY VOSE, of Springfield.
SETH AMES, of Gamhridge.
THOMAS RUSSELL, of Boston.
JOHN P. PUTNAM, of Boston.
LINCOLN F. BRIGHAM, of New Bedford.
JUDICIAL DEPARTMENT.
339
JUDGilS OF PROBATE AND INSOLVENCY.
ISAAC AMES, Boston, .
GEORGE F. CHOATE, Salem,
WILLIAM A. RICHARDSON, Lowell,
HENRY CHAPIN, Worcester,
SAMUEL F. LYMAN, Northampton,
JOHN WELLS, Chieopee,
■ CHARLES MATTOON, Greenfield, .
JAMES T. ROBINSON, North Adams,
GEORGE WHITE, Quincy, .
WILLIAM H. WOOD, Middleborough,
EDMUND H. BENNETT, Taunton,
JOSEPH M. DAY, Barnstable,
THEODORE G. MAYHEW, Edgartown,
EDWARD M. GARDNER, Nantucket,
Suffolk.
Essex.
Middlesex.
Worcester.
Hampshiee.
Hampden.
Franklin.
Berkshire.
Norfolk.
Plymouth.
Bristol.
Barnstable.
Dukes.
Nantucket.
DISTRICT-ATTORNEYS.
GEORGE W. COOLEY, Suffolk District,
ISAAC S. MORSE, Northern District, .
ALFRED A. ABBOTT, Eastern District. .
BENJAMIN W. HARRIS, South-Eastern District,
GEORGE MARSTON, Southern District,
P. EMORY ALDRICH, Middle District, .
EDWARD B. GILLETT, Western District, .
DANIEL W. ALVORD, North-Western District,
Boston.
Lowell.
South Danvers.
East Bridgewatkr-
Barnstable.
Worcester.
Westfield.
Greenfield.
SHERIFFS.
JOHN M. CLARK, Boston.
JAMES CARY, Lawrence,
CHARLES KIMBALL, Winchester,
JOHN S. C. KNOWLTON, Worcester,
HENRY A. LONGLEY, Belchertown,
FREDERICK BUSH, Springfield, .
SAMUEL H. REED, Greenfield,
GRAHAM A. ROOT, Sheffield,
JOHN W. THOMAS, Dedham.
GEORGE H. BABBITT, Taunton, .
JAMES BATES, East Bridgewater, .
CHARLES C. BEARSE, Cotuit Port,
ISAIAH D. PEASE, Edgartown, .
URIAH GARDNER, Nantucket, .
Suffolk.
Essex.
Middlesex.
Worcester.
Hampshire.
Hampden.
Franklin.
Berkshire.
Norfolk.
Bristol.
Plymouth.
Barnstable.
Dukes.
Nantucket.
340
JUDICIAL DEPARTMENT.
CLERKS OF COURTS.
GEORGE C. WILDE, Boston, Supreme Judicial Court,
JOSEPH WILLARD, Boston, Superior Court, Civil T.,
FRANCIS H. UNDERWOOD, Boston, Criminal T.,
ASAHEL HUNTINGTON, Salem,
BENJAMIN F. HAM, Natick, .
JOSEPH MASON, Worcester, .
SAMUEL WELLS, Northampton,
GEORGE B. jMORRIS, Springfield,
GEORGE GRENNELL, Greenfield,
HENRY W. TAFT, Lenox,
EZRA W. SAMPSON, Dedham,
JOHN S. BRAYTON, Fall River,
WILLIAM H. WHITMAN, Plymouth,
FREDERICK W. CROCKER, Barnstable,
RICHARD L. PEASE, Edgartown,
GEORGE COBB, Nantucket, .
Commonwealth.
Suffolk.
Essex.
Middlesex.
woecester.
Hampshire.
Hampden.
Franklin.
Berkshire.
Norfolk.
Bristol.
Plymouth.
Barnstable.
Dukes.
Nantucket.
MEMBERS OF THE THIRTY-SIXTH CONGRESS.
SENATORS.
CHARLES SUM^EU, of Boston.
HENRY WILSON, of Natich.
REPRESENTATIVES.
District I.— THOMAS D. ELIOT, of Neiv Bedford.
II.— JAMES BUFFINGTON, of Fall River.
III.— CHARLES F. ADAMS, of Qidncy.
IV.— ALEXANDER II. RICE, of Boston.
v.— ANSON BURLINGAME, of Cambridge.
VI.— JOHN B. ALLEY, of Lynn.
VII.— DANIEL W. GOOCH, of Melrose.
VIIL— CHARLES R. TRAIN, of Framingham.
IX.— ELI THAYER, of Worcester.
X.— CHARLES DELANO, of Northampton.
XL— HENRY L. DAWES, of Adams.
C0mmflKfoaltlj of Sl^assatljwsdts.
Secretary's Depabtjient, Boston, )^
June 30, 1860. J
I hereby certify that the printed Acts, Resolves, &c.,
contained in this volume, are true copies of the originals.
OLIVER WARNER,
Secretary of (he Coinmomcealth.
INDEX.
Academy, Arms, to incorporate, .....
" " Towns of Buckland and Shelburne, to aid, .
" Wesley an, in favor of, ....
Acceptance of Drafts and Bills of Exchange, concerning.
Accounts of the Adjutant- General, concerning, .
" certain Military, of 1859, relating to, .
Acushnet, Town of, incorporated, ....
" " of. Resolve in favor, ....
Address of Governor, ......
" " to the Council, ....
Adjutant- General, accounts of, concerning.
Administrators, concerning Sales of Real Estate by, authorized by Ijpense
of Court, .......
Adulterated Milk, Sale of, amendatory Act concerning, ,
Agawam and Half-way Pond Rivers, Fishery in, to regulate, .
Aged and Destitute Women, Association for relief of, in Salem, to
incorporate, .......
Aged Men, Home for, to incorporate,
Agricultural Branch Railroad, concerning,
" Exhibition, State, relating to, .
" and Social Library Association, Georgetown, to incorporate
Agriciiltural Society, Berkshire, relating to, .
" " Hampden County, relating to,
" " Hoosac Valley, to incorporate,
" " " " and the Worcester South-East
relating to, .
*• " Martha's Vineyard, to amend Act incorporating,
'« " Nantucket, additional to Act incorporating,
" " Worcester South-East, to incorporate,
Almshouse, State, at Monson, relative to purchase of Land for,
{' "at Tewksbury, for supplying with Water,
Almshouses, State, appropriations for Expenses of,
Amendments to Constitution, proposed, relating to,
American Association, in London, on petition of.
Page 37
37
192
153
289
182
16
198
207, 293
261
289
51
133
73
143
128
33
191
88
90
196
49
201
131
127
56
188
289
14
198
194
INDEX.
General
against
aluation
Angel Guardian, House of, additional to Act incorporating Trustees,
Applications to Probate Courts, concerning,
Appointment of certain Directors and Officers, authorizing,
Appropriations for certain Expenses of 1860, &c.,
'• " " of 1859 and previous years, &c.,
" for execution of laws relating to Contagious Diseases
among Cattle, &c., .....
" for the Dudley, Troy, and Marshpee Indians, respecting,
" for Expenses of State Almshouses and Rainsford Island
Hospital, ......
" from Income of several Trust Funds, and for other
purposes, ......
" for maintenance of the Government during the year 1860,
" for Mileage and Compensation of Members of the Legis
lature, ....
Arkwright Mutual Fire Insurance Company, to incorporate.
Arms Academy, to incorporate, ....
" " Towns of Buckland and Shelburne to aid.
Arrest, Imprisonment and Discharge, to amend chapter 124 of
Statutes, relating to, .
Assessment of Taxes upon shares of Corporations, relating to,
Assessments of Mutual Fire Insurance Companies, Guaranties
by Officers, to prevent, ....
Assessors, concerning liability of, for refusing information to \'
Committee, ......
Assistant- Clerks of County Commissioners, concerning.
Association, American, in London, on petition of,
" Citizens' Building, to incorporate, .
" Dean Library, to incorporate,
" Franklin Cemetery, to incorporate, .
" Georgetown Agricultural and Social Library, to incorporate,
" Haverhill Library, to incorporate, ...
" Mishawum Literary, additional to Act incorporating,
" New Bedford Women's Reform and Relief, in aid of,
" for relief of Aged and Destitute Women, in Salem, to
incorjoorate, ....
Assonet Fishing Company, to incorporate,
Attachment, Sewing Machines exempted from, .
Attachments of Real Estate, relating to, .
Attleborough Savings Bank, to incorporate,
" Union Gas Light Company, to incorporate.
Auditor, authorized to appoint additional persons to countersign Bank
Notes, .......
Auditor, concerning delivery of circulating Notes by, to Banks organ
ized under General Laws, .....
Auditor, upon application, may destroy circulating Notes of certain
Banks, ......
Avenue, Eastern, to change the westerly terminus of.
Page 33
133
275
173
136
286
183
14
170
38
7
9
37
37
275
202
127
89
7
194
86
51
66
88
22
129
191
143
64
54
57
7
19
38
137
3
57
INDEX.
Ill
B.
Back Bay Improvement Company, to incorporate, . . . Page 130
" Lands, for the more speedy filling of, .... 154
Balconies of the House of Representatives, authorizing removal of, . 3
Bank, Attleborough Savings, to incorporate, .... 7
" Bay State, to reduce the Capital Stock of, ... 18
" Berkshire, to incorporate, . . . . ^ . . 147
" City, of Lynn, to increase the Capital Stock of, . , . 61
" Columbian, to increase the Capital Stock of, . . . 58
" Eagle, to increase the Capital Stock of, .... 59
" Lechmere, to increase the Capital Stock of, . . . Gl
" Maiden Savings, to incorporate, . . . . . 128
" Marlborough Savings, to incorporate, .... 137
" Merchants', in Lowell, to increase the Capital Stock of, . . 60
" Notes, concerning delivery of, by Auditor, to certain Banks, . ] 37
" " concerning Redemption of, . . . . . 89, 134
" " relative to countersigning, in the Auditor's Office, . 38
" Shelburne Falls, to increase the Capital Stock of, . . 56
" Tremont, "to increase the Capital Stock of, . . . 59
" West Cambridge Five Cents Savings, to incorporate, . . 129
Banking, additional to Act authorizing the biisiness of, . . . 3
Banks and Banking, concerning, ..... 167
Banks, concerning, . . . . . .89, 275,. 279
" organized under General Laws, concerning delivery of circulating
Notes by Auditor, . . . . . . . 137
Baptist Society in Beverly, Second, to sell their Parsonage, . , 153
Barnstable and Buzzard's Baj's, Ship Canal to connect, concerning, . 205
" Institution for Savings, authorized to hold Real Estate, . 6
Barry, Charles J. Resolve on petition of, for confirmation of title to Real
Estate, ........ 183
Battery Wharf Company allowed furtlier time to organize, . , 152
Bay State Bank, to reduce the Capital Stock of, . . . . 18
'♦ Fire Insurance Company, to incorporate, ... 73
Bays, Barnstable and Buzzard's, Ship Canal to connect, concerning, . 205
Beacons on the Coast, &c., of Massachusetts, to protect, ... 48
Belmont, West Cambridge Gas Company to extend Pipes into, . . 163
Berkshire Agricultural Society, relating to, .... 90
" • Bank, to incorporate, ...... 147
" County, Commissioners of, to change the time of holding their
meetings, ....... 3
Beverly Mechanics' Railway Company, to incorporate, . . . 125
" Second Baptist Society in, to sell their Parsonage. . . 153
Bills of Exchange, concerning the acceptance of, . . . 153
Births, Marriages and Deaths, concerning Fraudulent Notices of, . 153
Boston, City of, authorized to remove Bridge over Fore Point Channel, 163
" " to loan its Credit, or subscribe to the Capital Stock of
the Troy and Greenfield Railroad Company, . . . 143
44
IV
INDEX.
Boston, City of, relating to powers of Constables in, . . . Page
" and Gloucester Steam-boat Company, to incorporate,
" Harbor, additional to Act concerning, .
'• " concerning, ...... 140,
" Livery Stables in certain places in, to amend Act preventing the
erection of, .
" Pier or Long Wharf, to extend, ....
" Police Court of. Salaries of Clerk and Second Assistant, con
cerning, ......
" and Roxbury, Boundary Line between, to change,
♦' Street Methodist Episcopal Society in Lynn, Resolve on petition
of Trustees, .....*
" and Virginia Steam-ship Company, to incorporate.
Boundary liine between Boston and Roxbury, to change.
Bridge across Taunton Great River, County Commissioners of Bristol
to construct, ......
Bridge, Essex, additional to Act relating to, .
" «' providing for certain expenses relating to,
" Great, over Charles River, to be laid out as a Public Highway,
" Neponset, concerning the Proprietors of, . . •
'< Northampton, authorizing its extension and the widening of
Connecticut River, .....
" Patucket, to be laid out as a public highway,
" Railroad, over Fore Point Channel, City of Boston to remove,
Bridges and Turnpike, Hingham and Quincy, concerning,
Brigham, Charles, in favor, .....
Brighton, Newton and Watertown Gas Light Company, to extend their
Pipes into, .......
Bristol County Commissioners to lay out a Road and construct
Bridge across Taunton Great River,
Bristol County, Terras of Supreme Judicial Court for, concerning,
Brookline Gas Company, to amend Act of ISol, rc^itirg to,
Brown, William C, Resolve on petition of,
Bryant, David, in favor, ......
Buckland and Shelburne, Towns of, authorized to aid in establishin
the Arms Academy, ......
Building Association, Citizens', to incorporate, ...
Buoys on the Coast, &c., of the State, to protect.
Burr, Sally, in favor of, .
Buzzard's and Barnstable Bays, Ship Canal to connect, concerning.
126
20
120
163
84
124
81
138
179
91
138
85
52
189
79
36
32
72
163
122
187
78
85
168
127
186
203
37
86
48
188
205
c.
Cambridge, City of, authorized to fill up a portion of a Creek, . . 6
«' " Dams and Dikes in, additional to Act authorizing
E. T. Dana and others to construct, . . 34
" " Transportation of Gunpowder in, to regulate, . 82
Canal, Middlesex, relating to Proprietors of, . . . . 162
'« Ship, to connect Barnstable and Buzzard's Bays, concerning, . 205
INDEX.
Cape Ann Mutual Fishing Insurance Company, to incorporate, .
" Telegraph Company, to incorporate, ,
Cape Cod Harbor, concerning, .....
Cattle, Contagious Diseases among, concerning,. . . 280
" Disease of, (Pleuro-Pneumonia) for the extirpation of, .
" " " " for payment of expenses in
curred by Commissioners (jn, ....
Cemetery Association, Franklin, to incorporate, .
" Company, Mount Adnali, to incorporate.
Census, authorizing preparatiori of Statistics from,
Change of Names, ......
Chappequiddic Indians, in favor of Guardian,
Charitable Eye and Ear Infirmary, Massachusetts, Resolve in favor,
Charlestown, City of, for supplying, with Pure Water, .
" Gas Company, to extend their Pipes and Conductors into
Medford, .......
Charter of the City of Fall River, to amend,
" " " Newbury port, to amend,
Chelsea Gas Light Company, to increase the Capital Stock of, .
Chicopee Manufacturing Company, to change the par value of its share;
and issue new, ......
Christ Church in Quincy, Resolve on petition of,
Church of St. Mary, for Sailors, to incorporate Trustees of.
Circulating Notes, concerning Delivery of, by Auditor, to Banks organ
ized under General Laws, .....
Citizens' Building Association, to incorjDorate, .
" Gas Light Company of Quincy, to incorporate.
City Bank of Lynn, to increase the Capital Stock of.
Clerical Assistance to Board of Insurance Commissioners, providing for,
" " in editing General Statutes, &c., allowing compen-
sation for, .......
Clerk of Police Court in Milford, Office abolished,
" and Second Assistant of Police Court of Boston, concerning Sal
aries of, . . . . ...
Clerks of County Commissioners, Assistant, concerning,
Cliftondale Railroad Company, additional to Act incorporating,
Clothing Company, Rubber, to incorporate,
Club, Kenoza Lake, to incorpdtate, ....
Coast, Harbors, &c., of Massachusetts, Beacons, Buoys, and Floating
Guides, to protect, ......
Cohasset Mutual Fire Insurance Company, for supplying Records of,
Colby, Elbridge G., in favor, .....
Columbian Bank, to increase the Capital Stock of.
Commissioners of Berkshire County, to change the time of holding the
meetings of, ....
" of Bristol County, to lay out a Road and construct a
Bridge in Taunton,
" County, to borrow Money to defray Criminal Costs,
" " concerning Assistant-Clerks of.
Page 27
63
198, 203
283, 288
151
201
65
52
183
313
201
182
276
54
36
139
15
90
181
142
137
86
26
61
141
185
73
81
7
9
62
19
48
107
288
58
85
289
7
vi I^DEX.
Commissioners, County, Salaries of, fixed, .... Page 144
" Insurance, providing clerical assistance to, . . 141
Commissioners' Line, of Boston Harbor, concerning, . . . 140
Commissioners of Middlesex County to borrow Money to enlarge County
Buildings in East Cambridge, . 127
" " " to lay out Patucket Bridge as a
Public Highway, ...... 72
" of Norfolk County to borrow Money for erection and
alteration of Public Buildings, ... 49
Committee, Valuation, for compensation of, . . . • . 205
" " relating to, .... . 190
Committees, certain, relative to expenses of, .... 204
Concord and Sudbury Rivers, concerning flowage of Meadows on, . 168
Congregational Society, North, in Newbury port, concerning Name of, . 185
Connecticut River, authorizing the widening of, and extension of the
Northampton Bridge, ...... 32
Constables in the City of Boston, relating to powers of, . . . 126
Constitution, proposed Amendments of, relating to, . . . 198
" Wharf Company, to extend their Wharf, . . . 126
Convicts in Houses of Correction, concerning removal of, . . 133
Conway Stock and Mutual Fire Insurance Company, additional to Act
incorporating, . . . . . . . 125
Coombs Wharf in Newburyport, to extend, .... 80
Corporations, relating to, and Assessment of Taxes upon tlie Shares of, 202
Corporations, Shares in, to equalize, ..... 90
Costs of Criminal Prosecutions, to define, .... 147
Counterfeiting, granting aid for the suppression of, . . . 187
Countersigning of Bank Notes in the Auditor's Office, relative to, . 38
County Commissioners authorized to borrow Money to defray Criminal
Costs, ..... 289
" " Assistant-Clerks of, concerning, . . 7
" " of Berkshire, to change the time of holding the
meetings of, ... . 3
" " of Bristol, to lay out a Road and construct a
Bridge in Taunton, ... 85
" " of Middlesex to borrow Money to enlarge County
Buildings in East Cambridge, . . 127
'< " of Middlesex to lay out Patucket Bridge as a
Public Highway, .... 72
<< " of Norfolk to borrow Money for the erection
and alteration of Public Buildings, . 49
" " Salaries of, fixed, .... 144
" Taxes, granting, ....... 189
" Treasurers, certain, in favor of, . . . . . 195
Court, Police, of Boston, Salaries of Clerk and Second Assistant, con-
cerning, . . . . . . 81
" of Milford, office of Clerk abolished, ... 73
" Superior, Criminal Terms of, for Essex County, defining times of
holding, ........ 52
INDEX.
Vll
Court, Supreme Judicial, concerning Terms of, for Middlesex, Essex and
Bristol Counties, .... Page 168
" " <♦ relative to Terms of, in the Counties of Frank-
lin, Middlesex and Plymouth, . . • . . 60
Courts, Police, relating to, ..... • 146
" Probate, concerning Applications to, . . . . 133
" " relating to proceedings in, .... 146
Creek in Cambridge, authorizing City to fill up, ... 6
Criminal Prosecutions, Costs of, to define, . . . . 147
" Terms of the Superior Court for Essex County, defining the
times of holding, . . . . . . . 52
Crowd, Polly, in aid of, . . . . . . . 191
D.
Dam across Herring Kiver in Harwich, authorizing the construction of, 131
Dams and Dikes in Cambridge, additional Act authorizing Edmund T.
Dana and others to construct, ..... 34
Danvers Railroad Company, concerning, .... 52
Davis, Rebecca B., in favor, . . . . . . 187
Day, Jonathan, Resolve in favor of, .... . ISO
Dean Library Association, to incorporate, . . . . 51
Deaths, Births and Marriages, concerning fraudulent notices of, . 153
Deeds, Register of, for Dukes County, authorizing Salary for, . . 78
" Registry of, in Littleton, concerning, .... 132
" " in Suff'olk County, concerning, . . • 184
Denison, Arad, in favor, . . . . . . . 196
Directors of Banks, relative to, . . . . . 167, 275, 279
" and Ofiicers, certain, authorizing appointment of, . . 275
Disease of Cattle, (Pleuro- Pneumonia,) for the extirpation of, . . 151
" " " " for payment of expenses incur-
red by Commissioners on, . . . . • • 201
Diseases among Cattle, concerning, .... 280, 283, 288
Distribution of the General Statutes, additional Resolve relating to, . 288
Districts, School, additional to Act concerning, .... 108
Dodd, Andrew W., and others, to extend their Marine Railways in
Gloucester, ........ 80
Dorchester, Selectmen of, to lay out and construct a Town Way, . 152
Drafts, Acceptance of, concerning, ..... 153
Drains and Sewers in Somerville, concerning, .... 121
Drunkenness, relating to single Acts of, . . . . . 134
Dudley Indians, in favor of Guardian, ..... 180
" " respecting certain appropriations for, . . . 183
Dukes County, Register of Deeds, authorizing Salary for, . . 78
B.
Eagle Bank, to increase the Capital Stock of,
East Boston Improvement Company, to incorporate.
Eastern Avenue, to change the westerly terminus of,
59
4
57
Vlll
INDEX.
Eastern Wharf in Gloucester Harbor, to extend,
Edwards, Charles H., to construct a Marine Railway,
Election of Town Officers in Harwich, ratifying,
Elections, certain, in Rockport, to legalize,
" Municipal, concerning,
Emerton, Increase N., in favor, .
Engineer, State, of Troy and Greenfield Railroad, for compensation of,
Erving, Town of, part of Northfield annexed to,
Essex Bridge, additional to Act relating to, .
" " providing for certain expenses relating to,
" County, Criminal Terms of Superior Court in, defining the times
of holding, .....
" " Terms of Supreme Judicial Court for, concerning,
Essex, First Universalist Society, to confirm the organization and pro
ceedings of, .
Estate, Ratable, within the Commonwealth, to ascertain,
" Real, relating to Attachments of, .
" " relating to Sales of, by Executors, Administrators and
others, authorized by license of Court,
" Valuation of, in the Commonwealth, concerning
Everett Mills, to incorporate, ....
Executors, concerning Sales of Real Estate by, authorized by license of
Court, .......
Eye and Ear Infirmary, Massachusetts Charitable, Resolve in favor,
Page 86
80
63
82
121
195
204
15
52
189
51
89, 190
F.
Fairhaven, part of, set off and incorporated as Acushnet,
Fall River, City of. Amending the Charter,
Fall River and Warren Railroad Company, to revive and amend Act
incorporating, ......
Faneuil Hall Market in Boston, concerning.
Fees in Criminal Prosecutions, establishing,
" of Witnesses before the General Court, relating to.
Ferry in Gloucester Harbor, to continue.
First Precinct in Mattapoisett, Name of Second Precinct in Rochester
changed to, .
First Unitarian Society in Woburn, to incorporate.
First Universalist Society in Essex, to confirm the organization and pro
ceedings of, .
Fishery in Agawam and Halfway Pond Rivers, to regulate,
•' in Marshpee, to protect, .....
Fishing Company, Assonet, to incorporate,
" " Nine Mile Pond, to incorporate,
Fitchburg and Worcester Railroad, extending time for construction of,
Floating Guides, Beacons and Buoys, in the State, to protect,
Flowage of Meadows on Concord and Sudbury Rivers, relating to,
Franklin Cemetery Association, to incorporate, .
" County, Judge of Probate and Insolvency, in favor of,
INDEX.
IX
Franklin County, to legalize certain Insolvency Proceedings in,
*< " Terms of S. J. Court in, concerning.
Fraud by sale of Adulterated Milk, amendatory Act concerning,
Fraudulent Notices of Births, Marriages and Deaths, concerning.
Free Church of St. Mary for Sailors, to incorporate Trustees of,
Freedom of Speech, relating to, .
Friend, William H., and others, to build a Wharf,
Funds, certain Trust, appropriations from income of,
Page .62
50
133
153
142
290
87
170
G.
Gas Companies, to protect towns from injury by neglect of.
Gas Light Company, Brookline, to amend Act of 1854, relating to,
" " " Charlestown, to extend Pipes and Conductors
into Medford,
•' " " Chelsea, to increase the Capital Stock of, .
•' " " Citizens', of Quincy, to incorporate,
" " " Newton and Watertown, to extend their Pipes
into Brighton,
'* " " Roxbury, relating to, . . .
'< " " Union, in Attleborough, to incorporate, .
" " " West Cambridge, to extend their Pipes into
Winchester and Belmont,
General Statutes, clerical assistance in editing, allowing compensation
for, .....
" " Distribution of, additional Resolve relating to,
" " Publication of, to pay for superintending,
Georgetown Agricultural and Social Library Association, to ijicorporate
Gloucester and Boston Steam-boat Company, to incorporate,
" Harbor, to continue a Ferry in.
Governor's Address, ......
Appendix to — Votes on Amendment of Constitution, in 1859 ; for
Governor in 1858, and President in 1856,
Number of persons naturalized in 1858 in U. S
Court in Boston,
Comparative Statement of Expenditures of the sev
eral Departments for 1857 '58, '59,
Expenses of State Almshouses and Rainsford Island
Hospital, ....
Concerning the Militia,
Reasons for Pardons,
Governor's Address to the Council, ....
Appendix to — Cost of supporting State Lunatic Paupers, Pupils in
Asylums for Blind and Deaf and Dumb, and the
Idiotic School, ....
Pardons from 1849 to 1859, .
Governor's Address, (Second Session,) ....
Appendix to — Request for Session of Legislature, .
Statement of Commissioners upon Cattle Disease,
Diagnosis of Pleuro-Pneumonia,
127
54
15
26
78
140
19
163
185
288
198
88
20
21
207
227
238
239
240
241
245
261
269
272
293
303
304
309
INDEX.
Grand Jurors of Suffolk County, concerning, ....
Granite Company, Plummer. to incorporate, ....
Great Bridge, over Charles River, to be laid out as a Public Highway,
Grounds about the State House, relative to grading and improving.
Guaranties against Assessments, by Officers of INIutual Fire Insurance
Companies, to prevent, ......
Guardians, concerning Sales of Real Estate by, authorized by license of
Court, ........
Gunpowder, transportation of, through the City of Cambridge, to
regulate, ........
Page 125
153
79
204
127
51
82
H.
Guides in, to protect
River
Hadley, Town of, authorizing extension of Northampton Bridge at, and
widening of Connecticut River,
Half-way Pond and Agawam Rivers, Fishery in, to regulate,
Hami^den County Agricultural Society, relating to,
Harbor of Boston, additional to Act concerning,
" " " concerning, ....
•' *' Cape Cod, concerning,
" " Gloucester, to continue a Ferry in,
Harbors of Massachusetts, Beacons and Floatin
Harwich, authorizing construction of a Dam in, across Herrin
" Election of Town Officers in, ratifying,
Haverhill Library Association, to incorporate, .
Herring Pond Indians, in favor of, .
" River in Harwich, Dam across, authorizing construction of,
Highway, County Commissioners of Bristol to lay out in Taunton,
" Patucket Bridge to be laid out as, .
" Selectmen of Dorchester to lay out, .
Highways, County Commissioners of Norfolk and Plym'outh to lay out
Hingham and Quincy Turnpike and Bridges, concerning,
Holyoke Mills, to incorporate, ....
Home for Aged Men, to incorporate,
" for Inebriates, Washingtonian, in favor of,
Hoosac Tunnel, Loan of State Credit for the construction of, additional
to Act authorizing, .
" Valley Agricultural Society, to incorporate,
" << " " relating to,
Horse Railroad Company, Cliftondale, additional to Act incorporating
" " " Melrose and South Reading, to incorporate,
»< " " Stoneham, to incorporate, .
" " <' Suffolk, additional to Act concerning.
Hospital at Rainsford Island, Resolve for heating buildings at, .
" " '< '< and State Almshouses, appropriations fo
expenses of, .....
" State Lunatic, at Northampton, in favor of.
House of the Angel Guardian, additional to Act incorporating Trustees of.
32
73
196
120
140, 163
198, 203
21
48
131
63
22
192
131
85
72
152
122
122
83
128
197
157
49
201
9
23
11
166
194
14
196
33
INDEX.
XI
House of Representatives, authorizing removal of the Balconies, . Page 3
" " " repairs, appropriations therefor, 192
" of Correction at East Cambridge, County Commissioners to bor-
row Money to enlarge, . . . . ... 127
Houses of Correction, Masters of, and Jailers, relating to compensation of, 78
" " " removal of Convicts in, concerning, . . 133
I.
Idiotic and Feeble-Minded Youth, Mass. School for, in favor, . . 197
Imprisonment and Discharge, to amend Chap. 121 of General Statutes,
relating to, . . . . . . . . 27o
Imprisonment in Suffolk County, concerning, .... 154
Improvement Company, Back Bay, to incorporate, . . . 130
" " East Boston, to incorporate, ... 4
Indians, Chappequiddic, in favor of Guardian, . . . . 201
" Dudley, in favor of Guardian, ..... 180
" Dudley, Troy, and Marshpee, respecting certain appropriations
for, ....... 183
" Herring Pond, in favor, . . . . . . 192
" Punkapoag, in favor of Charlotte E. Myers, . . . 191
" •' in favor of Polly Crowd, . . . . 191
" " in favor of Rebecca B. Davis, . . . 187
'< " in favor of Sally Burr, . . . . 188
Indictment for Perjury and Subornation, concerning Form of, . . 145
Inebriates, Washingtonian Home for, in favor, . . . . 197
Infirmary, Massachusetts Charitable Eye and Ear, Resolve in favor, . 182
Insolvency proceedings, certain, in the Counties of Worcester and
Franklin, to legalize, ...... 62
Insolvency and Probate Judge for Franklin Countj', in favor of, . 196
" " Judges, relating to Jurisdiction of, . . 126
" " Register, for Suffolk County, Resolve on peti-
tion of, , . . . . 186
Institution for Savings in Barnstable, authorized to hold Real Estate, . 6
Insurance Commissioners, providing clerical assistance to Board of, . 141
Insurance Companies, Mutual Fire, to prevent Officers and Directors,
from giving guaranties against assessments, . 127
" " Returns of, to amend certain forms, . . 129
Insurance Company, Arkwright Mutual Fire, to incorporate, . . 9
" " Bay State Fire, to incorporate, ... 73
" " Cape Ann Mutual Fishing, to incorporate, . 27
" " Cohasset Mutual Fire, for supplying Records of, . 107
" " Conway Stock and Mutual Fire, additional to Act
incorporating, . . . . . 125
" " Manufacturers, in Boston, to continue in force Act
incorjiorating, ..... 6
" " Old Colony, to increase its Capital Stock, . . 108
" " People's Mutual Fire, in Worcester, additional to
Act incorporating, . . . . 76
45
Xll
INDEX.
Insurance Company, Phenix Fire, to incorporate, . . ,. Page 49
" " Tri-Mountain Mutual Fire, to incorporate, . 19
Iron Company, Mount Hope, authorized to build and extend WHiarves, 85
J.
Jailers and Masters of Houses of Correction, relating to compensation of,
Jegar Sahadutha Lodge, to incorporate, ....
Jewett, Sewell E., to build a Wharf, ....
Johnson, Henry D., in favor, .....
Joslin, Asher, Guardian of Dudley Indians, in favor,
Judge of Probate and Insolvency for Franklin County, in favor of.
Judges of Probate and Insolvency, relating to Jurisdiction of, .
Jurors, Grand, of Suffolk County, concerning, .
Justices. Trial, relating to, .... .
78
90
87
203
180
196
126
125
146
K.
Kenoza Lake Club, to incorporate,
Kiley, John, to build a Wharf, ....
Kimball, Edward, and Nahum Perkins, to extend a Wharf,
19
108
80
Lands in the Back Bay, for the more speedy filling of, .
Lechmere Bank, to increase the Capital Stock of, . . .
Legislature, Fees of Witnesses before, relating to, . . .
" Members and Officers, fixing the compensation at Extra
Session, ......
" Mileage and Compensation of Members, Appropriations for,
Lexington and West Cambridge, exempted from expense of maintain-
ing " Great Bridge " over Charles River,
Library Association, Dean, to incorporate,
" " Georgetown Agricultural and Social, to incorporate
" '< Haverhill, to incorporate, .
Library, Free Public, of the City of Worcester, concerning.
Literary Association, Mishawum, additional to Act incorporating,
Littleton, Registry of Deeds in, concerning.
Livery Stables, erection of, in certain places in Boston, to amend Act
preventing, .......
Lodge, Jegar Sahadutha, to incorporate, ....
Long Wharf, in Boston, to extend, ....
Lothrop, Augustus W., in favor, . . . •
Lowe, John W. and another, to extend Eastern Wharf in Gloucester,
Lunatic Hospital at Northampton, State, in favor of.
154
61
32
290
7
79
51
88
22
7
129
132
84
90
124
191
86
196
INDEX.
Xlll
M.
Maiden Savings Bank, to incorporate, . . , . .
Manufacturers Insurance Company, in Boston, to continue in force Act
incorporating, .......
Manufacturing Company, Chicopee, to change the par value of its shares
and issue new, ......
Marchant, Barnard C, in favor, .....
Marine Railway Company, Quincy Point, to incorporate,
Marine Railway, in VVellfleet, Charles H. Edwards to construct,
" " in Gloucester, Andrew W. Dodd, and others, to ex
tend, .......
Market, Faneuil Hall, in Boston, additional to an Act concerning,
Marlborough Savings Bank, to incorporate,
Marriages, Births and Deaths, concerning fraudulent notices of,
Marshpee District, part of, annexed to Town of Sandwich,
Marshpee, Fishery in, to protect, .....
Marshpee Indians, respecting certain appropriations for,
Martha's Vineyard Agricultural Society, to amend Act incorporating,
Massachusetts Eye and Ear Infirmary, Resolve in favor,
" School for Idiotic and Feeble-Minded Youth, in favor of,
Masters of Houses of Correction, relating to compensation of, .
Mattapoisett, First Precinct in. Name of Second Precinct in Rochester
changed to, .
Mattoon, Charles, in favor of, . . .
Mayberry, Edwin, in favor, .....
Meadows on Concord and Sudbury Rivers, relating to llowage of.
Mechanics' Railway Company, Beverly, to incorporate,
Medford, Town of, Charlestown Gas Company to extend their Pipes and
Condiictors into, ......
Melrose and South Reading Railroad Company, to incorporate.
Men, Aged, to incorporate Home for, ....
Merchants' Bank in Lowell, to increase the Capital Stock of.
Messages, Special, ......
Methodist Episcopal Society in Lynn, Boston Street, Resolve on petition
of Trustees, .......
Middlesex Canal, relating to Proprietors of,
Middlesex County Commissioners to . borrow Money to enlarge the
County Buildings in East Cambridge,
Middlesex County Commissioners to lay out Patucket Bridge as a Pub
lie Highway, ......
Middlesex County, Terms of Supreme Judicial Court for, concerning,
Middleton, Town of, in favor, .....
Midland Railroad Company, Bridge of, over Fore Point Channel, City
of Boston to remove, .....
Midland Railroad, extending time for construction of a portion of.
Mileage and Compensation of Members of the Legislature, appropria
tions for, .......
Page 128
6
90
201
138
80
80
128
137
153
53
34
183
131
182
197
78
51
196
204
168
125
54
23
128
60
249
179
162
127
72
.50, 168
188
163
34
XIV
INDEX.
Milford Police Court, office of Clerk abolished, .
Military Accounts, certain, of 1859, relating to, .
Militia Laws, concerning, ....
Milk, Adulterated, sale of, amendatory Act relating to, .
Mill Company, Union, to incorporate,
Mills, Everett, to incorporate, ....
" Holyoke, to incorporate, ....
" Wamsutta, to increase the Capital Stock of,
Mishawum Literary Association, additional to Act incorporating,
Money, County Commissioners to borrow to defray Criminal Costs,
" Treasurer to borrow in anticipation of the Revenue,
Mount Adnah Cemetery Company, to incorporate.
Mount Hope Iron Company, to build and extend Wharves,
Municipal Elections, concerning,
Musical Society, Orpheus, to incorporate,
Mutual Fire Insurance Companies, to prevent Officers and Directors,
from giving guaranties against assessments
" " *' Company, Arkwright, to incorporate, .
" " " '« Cohasset, for supplying Records of,
" " '« " Conway, additional to Act incorpo
rating, .
'« «' " " People's, in Worcester, additional to
Act incorporating,
" »' " " Tri-Mountain, to incorporate,
•' Fishing Insurance Company, Cape Ann, to incorporate, .
Myers, Charlotte E., in favor of, .
Page 73
182
204
133
20
5
83
4
129
289
186, 289
52
85
121
139
127
9
107
125
76
19
27
191
N.
Nahant House Company, to incorporate, .... 32
Names, Change of, . . • • • • • 313
Nantucket Agricultural Society, additional to Act incorporating, . 127
Nautical Branch of the State Reform School, relating to, . . 203
Neponset Bridge, concerning Proprietors of, ... . 36
New Bedford Women's Reform and Relief Association, in aid of, . 191
New London Northern Railroad Company, to incorporate, . . 27
New Plymouth Records, relative to distribution of, . . . 203
Newburyport, City of, to amend the Charter, .... 139
" Third Religious Society, to change the Name of, . . 185
Newton and Watertown Gas Light Company to extend their Pipes into
Brighton, ........ 78
Nickerson's Wharf Company, to incorporate, .... 8
Nine Mile Pond Fishing Company, to incorporate, ... 76
Norfolk County, Commissioners of, to borrow Money for the erection
and alterations of Public Buildings, .... 49
North Attleborough Branch Railroad Company, to incorporate, . 10
North Congregational Society in Newburyport, concerning Name of, . 185
Northampton Bridge, Proprietors of, authorized to extend, and to widen
Connecticut River, ....... 32
INDEX. XV
Northern Railroad Company, New London, to incorporate, . . Page 27
Northfield, part of, annexed to Erving, ..... 15
Norton, Town of, in favor, . ..... 186
Notices, Fraudulent, of Births, Marriages and Deaths, concerning, . 153
0.
Officers and Directors, certain, authorizing appointment of, . . 275
" •' Members of Legislature, fixing compensation at Extra
Session, . . . . . . . 290
" of Mutual Fire Insurance Companies, to prevent, from giving
guaranties against assessments, . . . . 127
Old Colony Insurance Company to increase its Capital Stock, . . 108
Orpheus Musical Society, to incorporate, . . . . 139
Palfrey, Warwick, in favor, . - . . . . . 188
Pardons, relating to, ...... 195
Patucket Bridge, Commissioners of Middlesex County to lay out, as a
Public Highway, ....... 72
Paupers, State, relating to removal of, . . . . . 64
Pemberton Company, to incorporate, . . . . . 81
Pembroke Steam- boat Company, to incorporate, . . . 135
People's Mutual Fire Insurance Company in Worcester, additional to
Act incorporating, ....... 76
Perjury and Subornation of Perjury, concerning form of Indictment for, 145
Perkins, Nahum, and Edward Kimball, to extend a Wharf, . . 80
Peterborough and Shirley Railroad Company, concerning, . . 4
Phenix Fire Insurance Company, to incorporate, ... 49
Pleuro-Pneumonia among Cattle, for the extirpation of, . . 151
" " '< for payment of expenses incurred by
Commissioners on, . . . . 201
" and Contagious Diseases among Cattle, concerning, 280, 283, 288
Plummer Granite Company, to incorporate, .... 153
Plymouth County, Terms of S. J. Court in, concerning, . . 50
" and Provincetown Steam-boat Company, to incorporate, . 142
" Records, relative to Distribution of, . . . . 203
Police Court of Boston may sentence to House of Industry, in certain
cases, instead of House of Correction or Jail, 154
" " " Salaries of Clerk and Second Assistant, concern-
ing 81
" " of Milford, office of Clerk abolished, ... 73
Police Courts, relating to, . . . . • • 146
Polls, hour of closing, respecting, ..... 121
Precinct, Second, in Rochester, to change the Name to First Precinct in
Mattapoisett, . . . . • • • 51
Prison, State, relating to, . . . . • • 19*
XVI
INDEX.
Probate Coui'ts, concerning Applications to, .
" " relating to Proceedings in, .
" and Insolvency, Judge for Franklin County, in favor of,
" " Judges, relating to Jurisdiction of,
" " Register for Suffolk County, Resolve on peti
tion of, . . . . . .■ .
Property of the Commonwealth, Valuation of, concerning,
Proprietors of Boston Pier or Long Wharf, to extend Wharf, .
Proprietors of Middlesex Canal, relating to, .
Proprietors of Neponset Bridge, concerning,
" of Northampton Bridge, to extend Bridge and widen Con
necticut River, ......
Prosecutions, Criminal, to define the Costs of, .
Providence and Worcester, and the Worcester and Nashua Railroad
Companies, concerning, .....
Public Library of the City of Worcester, Free, concerning,
'♦ Schools, Compensation of superintendents, relating to, .
Public Warehousing, to establish a system of, .
Publication of General Statutes, to pay for superintending,
Punkapoag Indians, in favor, Charlotte E. Myers,
" " " Polly Crowd,
" " '* Rebecca B. Davis,
" " " Sally Burr,
Page 133
146
196
126
186
89, 190
123
162
36
32
147
83
7
81
164
198
191
191
187
Q.
Quincy, Citizens' Gas Light Company, to incorporate, .
Quincy Point Marine Railway Company, to incorporate.
26
138
R.
Railroad Corporation, Agricultural Branch, concerning, . . 33
'< " Cliftondale, additional to Act incorporating, . 9
'• " Danvers, concerning, . . . . 52
" " Fall River and Warren, to revive and amend Act
incorporating, . . . . 167
«' " Fitchburg and Worcester, extending time for
construction of road, . . . . 14
'« " Midland, Bridge of, over Fore Point Channel, City
of Boston to remove, . . . 163
" " Midland, extending time for construction of a
portion of road, .... 34
" " Melrose and South Reading, to incorporate, . 23
" " New London Northern, to incorporate, . . 27
«< " North Attleborough Branch, to incorporate, . 10
" " Peterborough and Shirley, concerning, . . 4
" " Rockport, to incorporate, . . . . 21
" '♦ " Town of Rockport authorized to take
stock in, .... . 22
INDEX.
xvii
Railroad Corporation, Southbridge and Blackstone, extending time for
construction of road by the Midland Railroad
Company, . . . , . Page 34
«< " Stoneham Street, to incorporate, . . .11
" " Suffolk, additional to Act concerning, . . 166
" " Troy and Greenfield, additional to Act authorizing
loan of State credit to, . . . 157
»' *' Troy and Greenfield, City of Boston to loan its
credit or subscribe to Capital Stock of, . 143
" " "Worcester and Nashua and the Providence and
Worcester, concerning, ... 83
Railroad, Troy and Greenfield, for compensation of State Engineer, . 204
Railroads, concerning, ....... 156
Railway Company, Beverly Mechanics', to incorporate, . . . 125
" " Quincy Point, incorporating, . . . 138
Railway, Marine, in Wellfleet, Charles H. Edwards to construct, . 80
Railways, Marine, in Gloucester, Andrew W. Dodd and others to
extend, ........ 80
Rainsford Island Hospital, appropriation for expenses of, . . 14
" " " Resolve for heating buildings at, . . 194
Ratable Estate in the Commonwealth, to ascertain, ... 65
Real Estate, relating to Attachments of, . . . . . 57
" " relating to Sales of, by Executors, Administrators and
others, authorized by order of Court, . . . . 51
Records of the Cohasset Mutual Fire Insurance Company, for supplying, 107
Records, New Plymouth, relative to distribution of, . . . 203
Redemption of Bank Bills, concerning, . . . . .89, 134
Reform and Relief Association, New Bedford Women's, in aid of, . 191
Reform School, State, relating to, .... . 194
" " " Trustees to pay indemnities for certain losses by
fire, ...... 201
" " " Nautical Branch of, relating to, . . . 203
Register of Deeds for Dukes County, authorizing Salary for, . , 78
" of Probate and Insolvency for Suffolk County, Resolve on
petition of, . . . . . . . . 186
Registry of Deeds in the Town of Littleton, concerning, . . 132
" " in Suffolk County, concerning, . . . 184
Removal of Convicts in Houses of Correction, concerning, . . 133
" of State Paupers, relating to, . . . . . 64
Representatives, House of, authorizing removal of Balconies, . . 3
" " " repairs and making appropria-
tions therefor, ....... 192
Returns of Insurance Companies, to amend certain forms of, . . 129
Road and Bridge across Taunton Great River, Commissioners of Bristol
County to lay out and construct, ..... 85
Roads, County Commissioners of Norfolk and Plymouth, to lay out, . 122
Rochester, Second Precinct in, to change the Name of, . . . 51
Rockport Railroad Company, to incorporate, . . • • 21
" " " Town of Rockport authorized to take
stock in, ....... . 22
XVIU
INDEX.
Rockport, Town of, relating to, .
Rogers, George H., to build a Wharf,
Roxbury and Boston, Boundary Line between, to change,
" Gas Light Company, relating to,
" Sidewalks in, relating to, . . .
Rubber Clothing Compan)', to incorporate,
Page 82
108
138
140
143
62
s.
Saint Mary Free Church, for Sailors, to incorporate Trustees of,
Salaries of County Commissioners fixed, ...
Salary of Clerk and Second Assistant, of Police Court of Boston, con-
cerning, .......
Salary for Register of Deeds for Dukes County, authorizing,
" of the Sergeant-at-Arms from January 1 to June 1, 1860, fixing
Sale of Adulterated Milk, amendatory Act relating to, .
Sales of Real Estate by Executors, Administrators and others authorized
by license of Court, relating to, .
Salem, Association for Rehef of Aged and Destitute Women, to incor
porate, .......
Salem Street Society, in Worcester, relating to, .
Sandwich, Town of, part of the District of Marshpee annexed to.
Savings Bank, Attleborough, to incorporate,
" " Maiden, to incorporate, ....
" " Marlborough, to incorporate,
" " West Cambridge Five Cents, to incorporate,
'« Institution in Barnstable, authorized to hold Real Estate,
School Districts, additional to Act concerning,
" for Idiotic and Feeble-Minded Youth, Mass., in favor of,
" State Reform, Nautical Branch of, relating to,
«' " " for rebuilding Chapel of, .
" " " Trustees of, to pay indemnities for certain losses
by fire, .......
Schools, Public, relative to compensation of Superintendents, .
Sea- Walls in the Harbor of Boston, certain Proprietors of Flats to build
Second Baptist Society, in Beverly, to sell their Parsonage,
<' Precinct in Rochester, to change the Name of, .
Sergeant-at-Arms, fixing Salary of, from January 1 to June 1, 1860,
Sewers and Drains in Somerville, concerning.
Sewing Machines exempted from attachment,
Shares of Corporations, assessment of Taxes upon, concerning,
" in Corporations, to equalize, ....
Shelburne and Buckland, Towns of, authorized to aid in establishin
the Arms Academy, .....
Shelburne Falls Bank, to increase the Capital Stock of, .
Sheriff performing duties of Jailer or Master of House of Correction
relating to compensation of, .
Ship Canal, to connect Barnstable and Buzzard's Bays, concerning.
Sidewalks in the City of Roxbury, relating to, .
142
144
81
78
180
133
51
143
88
55
7
128
137
129
6
108
197
203
194
201
81
120
153
51
180
121
54
202
90
37
56
78
205
143
INDEX.
XIX
Single acts of Drunkenness, relating to, .
Smith, Benjamin, a Revolutionary Pensioner, Resolve in favor,
Society, Berkshire Agricultural, relating to, .
" Boston Street Methodist Episcopal, in Lynn, Resolve on petition
of Trustees, ......
" First Unitarian, in ^Vohurn, to incorporate,
" " Universalist, in Essex, to confirm organization and pro
ceedings of, .....
" Hampden County Agricultural, in relation to, .
" Hoosac Valley A gricultural, to incorporate,
'« •' " and Worcester South-East Agricultural, relatinj
to, .
" Martha's Vineyard Agricultural, to amend Act incorporating,
" Nantucket Agricultural, additional to Act incorporating,
" Orpheus Musical, to incorporate,
" Salem Street, in Worcester, relating to, .
" Second Baptist, in Beverly, to sell their Parsonage,
" Third Religious, of Newburyport, Name changed to North Con
gregational Society, .....
" Worcester South-Ea-;t Agricultural, to incorporate,
" " <' " relating to,
Somerville, Town of, concerning Drains and Sewers in,
Soper, Samuel, to extend and maintain a Wharf,
Southbridge and Blackstone Railroad, extending time for construction of,
Special Messages, ......
Stables, I.ivery, erection of, in certain places in Boston, to amend Act to
prevent, .......
State Agricultural Exhibition, relating to, . . .
♦< Almshouse, at Monson, relating to purchase of Land for,
<< " at Tewksbury, for supplying with Water,
" Almshouses, appropriations for expenses of,
«' Credit, loan of, to Troy and Greenfield Railroad Company, addi
tional to Act authorizing, ....
♦' Engineer of the Troy and Greenfield Railroad, for compensation of,
" House Grounds, relative to grading and improving,
'* " relative to Painting, ....
" " repairs and improvements, relating to,
'< '• whitening of, concerning, ....
" Lunatic Hospital at Northampton, in favor of,
" Paupers, removal of, relating to, .
" Prison, relating to, . . • . .
" Reform School, Nautical Branch of, relating to,
'♦ '< " for rebuilding Chapel of, .
" «' " Trustees of, to pay indemnities for certain losses by
fire, . ......
" Tax of $249,995, to apportion and assess, .
Statistics of National Census, authorizing the preparation of.
Statutes, General, clerical assistance in editing, allowing compensation
for, .........
46
Page 134
182
90
179
280
141
196
49
201
131
127
139
88
153
185
65
201
121
84
34
249
191
188
289
14
157
204
204
201
18S, 288
289
196
64
194
203
194
201
92
183
185
XX
INDEX.
Statutes, General, distribution of, additional Resolve i-elating to,
" " publication of, to pay for superintending.
Steam-boat Company, Boston and Gloucester, to incorporate, .
" •' . Pembroke, to incorporate,
" " Plymouth and Provincetown, to incorporate,
" " Taunton, to incorporate, .
Steam-ship Company Boston and Virginia, to incorporate,
«' *' Union, additional to Act incorporating, .
Steele, George, Jr., to extend his Wharf, in Gloucester,
Stiles, Martin, in favor of, . . .
Stoneham Street Railroad Company, to incorporate,
Story, Amos A., to extend his Wharf, .
Stratton, Wright, in favor of, .
Sturgis, Henry P., Guardian, Resolve on petition of,
Subornation of Perjury, concerning form of Indictment for,
Sudbury and Concord Meadows, concerning flowage of,
Suffolk County, concerning Imprisonment in,
" " Grand Jurors of, concerning,
" " Register of Probate and Insolvency, Resolve on petition
of.
. " " Registry of Deeds, concerning, .
" Railroad Company, additional to Act concerning,
Superintendents of Public Schools, relating to compensation of,
Superior Court in the County of Essex, defining times of holding the
Criminal Terms of, .
Supreme Judicial Court, concerning Terms of, for Middlesex, Essex and
Bristol Counties, ......
Supreme Judicial Court, relating to Terms of, in the Counties of Frank
lin, Middlesex and Plymouth, ....
288
198
20
135
142
131
91
83
85
186
11
87
192
181
145
168
154
125
186
184
166
81
52
168
50
T.
Taunton, City of, to establish, ......
Taunton Great River, Bridge across. Commissioners of Bristol County
to construct, ......
Taunton Steam-boat Company, to incorporate, .
Tax, State, of ,f 249,995, to apportion and assess.
Taxes, County, granting, ....
Taxes upon Shares of Corporations, relating to assessment of,
Telegraph Comjjany, Cape Ann, to incorjjorate, .
Thayer & Warren, on petition of, ...
Third Religious Society of Newburyport, to change the Name of.
Town of Acushnet, incorporated,
" of Erving, part of Northfield annexed to,
" of Sandwich, part of the District of Marshpee annexed to,
" Officers in Harwich, ratifying the election of,
" Way, Selectmen of Dorchester to lay out,
Towns, to protect, from injury by neglect of Gas Companies,
Treasurer to borrow Money in anticipation of the Revenue,
109
85
131
92
189
202
63
197
185
16
15
55
63
152
88
186, 289
INDEX.
XXI
Treasurer to furnish Town of Windsor with set of Standard Weights
&c., ........
Treasurers of certain Counties, in favor, ....
Tremont Bank, to increase the Capital Stock of,
Trial Justices, relating to, .....
Tri-Mountain Mutual Fire Insurance Company, to incorporate, .
Troy and Greenfield Railroad Company, City of Boston to Loan its
Credit, or subscribe to
Capital Stock of,
" <« " '< Loan of State Credit to—
" additional to Act au-
thorizing,
" *' " " State Engineer, for compen-
sation of,
Troy Indians, respecting certain appropriations for.
Trust Funds, certain appropriations from income of, .
Trustees of the Boston Street Methodist Episcopal Society, in Lynn,
Resolve on petition of, ..... .
Trustees of Free Church of Saint Mary, for Sailors, to incorporate,
Trustees of the House of the Angel Guardian, additional to Act incor-
porating, ........
Trustees of State Reform School to pay indemnities for certain losses
by fire, ........
Turnpike and Bridges, Hingham and Quincy, concerning.
197
195
59
146
19
143
157
204
183
170
179
142
33
201
122
u.
Union Gas Light Company, in Attleborough, to incorporate, . . 19
Union Mill Company, to incorporate, ..... 20
" Steam-ship Company, additional to Act incorporating, . . 83
Unitarian Society in Woburn, First, to incorporate, . . , 280
Universalist Society in Essex, First, to confirm the organization and
proceedings of, . . . . . . . 141
V.
Valuation Committee, for compensation of.
Valuation of Estate in the Commonwealth, concerning, .
Virginia and Boston Steam-ship Company, to incorporate,
205
65, 89, 190
91
w.
Walen, Michael, Jr., and others, to build a Wharf,
Wamsutta Mills, to increase the Capital Stock of,
Warehousing, Public, to establish a system of, .
Warren, (Thayer & Warren,) on petition of,
Washingtonian Home, in favor of.
Water, for supplying City of Charlestown with,
Webster, Town of, in favor.
84
4
164
197
197
276
189
XXll
INDEX.
Wesleyan Academy, in favor of, ... .
West Cambridge Five Cents Savings Bank, to incorporate,
<< " Gas Company to extend Pipes into Winchester and
Belmont, .....
" '< and Lexington exempted from expense of maintaining
" Great Bridge," over Charles River,
West Springfield, Town of, in favor, ....
Wharf, Amos A. Story, to extend in Gloucester,
" Company, Battery, allowed further time to organize,
«' " Constitution, to extend Wharf in Boston,
" " Nickerson's, to incorporate, . " .
" Eastern, in Gloucester Harbor, to extend,
" Edward Kimball and Nahum Perkins to extend,
" Extensions, relating to, .
" George H. Rogers, to build, in Gloucester,
" George Steele, Jr., to extend, ....
<' John F. Wonson, to build, ....
" John Kiley to build, in Provincetown, .
" Long, in Boston, to extend, ....
" Michael Walen, Jr., and others, to build,
" Mount Hope Iron Company, to build and extend,
" Samuel Soper, to extend and maintain, .
" Sewall E. Jewett, to build, in Haverhill,
" William H. Friend and others, to build in Gloucester, .
Wheelock, Martin, in favor of, .
Willey, John C, in favor, .....
Williams, Hannah, on petition of, ....
Winchester, West Cambridge Gas Company, to extend their Pipes into,
Windsor, Town of, to be furnished with set of standard Weights, Meas-
ures and Balances, ......
Winthrop, Laura D., Resolve on petition of, .
Witnesses before the General Court, relating to Fees of,
Woburn First Unitarian Society, to incorporate.
Women, Aged and Destitute, Association for Relief of, in Salem, to
incorporate, .......
Women's Reform and Relief Association, New Bedford, in aid of,
Wonson, John F., to build a Wharf, ....
Worcester, City of, additional to Act establishing,
County, to legalize certain insolvency proceedings in.
Free Public Library, concerning,
and Nashua Railroad Company, concerning,
People's Mutual Fire Insurance Company, additional to Act
incorporating, • . . . .
Salem Street Society, relating to, .
South- East Agricultural Society, to incorporate,
" " " relating to,
Wright, Ansel, Resolve in favor of, .
" Timothy P., in favor of, ....
Pas
192
129
163
79
186
87
152
126
8
86
80
120
108
85
87
108
124
84
85
84
87
87
197
187
202
163
197
179
32
280
143
191
87
79
62
7
83
76
88
56
201
180
188
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