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

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