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ACTS AND RESOLVES. 



18 6 1. 



> 



ACTS 



RESOLVES 



PASSED BY THE 



#fncral Court of "^usuliustiis, 



IN THE YEAK 



18 6 1. 

TOGETHER WITH 

THE MESSAGES OF THE GOVERNOR, 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. 

1861. 



^° The General Court of 1861 assembled in the State House in Boston, on 
Wednesday, the second day of January, and was prorogued on Thursday, the 
eleventh day of April. 

The oaths of office required by the Constitution, were administered to His 
Excellency John A. Andrew, on Saturday, the fifth day of January. 



ACTS, 

GENERAL AND SPECIAL 



An Act to transfer a certain appropriation made in the year Qfidp^ 1. 

ONE THOUSAND EIGHT HUNDRED AND SIXTY. ^ 

Be it enacted hy the Senate and House of Representatives^ in General 
Court assembled, and hy the authority of the same, as follows: 

Section 1. Chapter two hundred and twenty-two of the Appropriation 
acts of eighteen liundred and sixty, is hereby so amended, i859%"pned to 
that the sum therein appropriated for printing General i^^*^- 
Laws of eighteen hundred and fifty-nine, is transferred and 
appropriated for printing General Laws of eighteen hundred 
and sixty. 

Section 2. This act shall take effect on its passage. 

Approved January 18, 1861. 
An Act to extend the time for locating and constructing the (Jhnn O 

MYSTIC RIVER RAILROAD. ^ ' 

Be it enacted, Sfc, as folloivs : 

The time allowed within which to locate and construct Extended two 
the Mystic River Railroad, is hereby extended two years. ^'^'^'^^' 

Approved January 23, 1861. 



Chap. 3. 



An Act to continue in force an act to incorporate the cam- 
bridge MUTUAL FIRE INSURANCE COMPANY. 
Be it enacted, ^c, as follows : 

The statute of the year one thousand eight hundred and Act of isss re- 
thirty-three, incorporating the Cambridge Mutual Fire Insur- ''''^''^'^■ 
ance Company, shall be continued and remain in force from 
and after the fourteenth day of March, in the year one thou- 
sand eight hundred and sixty-one ; and said company shall Additional in- 
have all the powers and privileges, and be subject to all the restrTc'uons!"' 
duties, restrictions and liabilities, set forth in the general 
laws in relation to insurance companies, which have been 
or may hereafter be enacted. Approved January 24, 1861. 



346 1861.— Chapters 4, 5, 6. 

Chat) 4 ^^ -^^"^ CONCERNING THE LYNN AND BOSTON RAILROAD COMPANY. 

Be it enacted, Sfc, as follows : 
Towns and city SECTION 1. TliG selectmeu of the several towns, and the 
c^te Track, com- mayoi* and aldermen of the city of Lynn, in which the Lynn 
pany assenting. ^^^^ Boston RaiU'oad Company was by the act of its incor- 
poration authorized to construct its railroad, are hereby 
authorized to locate the track of the railroad of said com- 
pany, upon and over such of the streets and highways within 
their respective corporations, as they may from time to time 
respectively determine, with the assent in writing of said 
company. 
Locatioiis to be SECTION 2. All locatious made under the provisions of 
alTce^of act^ofin- tliis act, shall bc made in all respects in pursuance of the 
corporation. pi'Qvisions of tlic act by which said company was incorpo- 
May maintain ratcd ; aud said company is hereby authorized to construct, 
iTsaid^a^t'.'""'^'"^ maintain and use its railroad located in pursuance of this 
act, upon and over the streets and highways of said towns 
and the city of Lynn, with the same powers and privileges, 
and subject to the same duties, liabilities and restrictions, as 
if the same had been located and constructed under the 
authority of the act by which said company was incorporated. 
Act to be void in SECTION 3. Thls act shall be void, so far as relates to the 
accepted! "" "^^^ coustructiou of Said railroad, in either of said towns and 
city, unless the same shall be accepted by the selectmen of 
said towns, and the mayor and aldermen of said city, respec- 
tively, and by said company, within one year after its passage. 

Approved January 26, 1861. 

Chat) 5 -^^ ^^^ ^^ CHANGE THE NAME OF THE PINE STREET CONGREGATIONAL 
^' ' SOCIETY. 

Be it enacted, cVc, as follows : 
Name changed. Thc Pine Strcct Congregational Society shall hereafter be 
called and known by the name of the Berkeley Street Con- 
gregational Society. Approved January 28, 1861. 

Chap. 6. -^N Act to authorize the hingham institution for savings to 

HOLD REAL ESTATE. 

Be it enacted, ^c, as follows: 

May hold not ex- SECTION 1. Thc Hingham Institution for Savings is hereby 
authorized to hold real estate within the town of Hingham, 
to an amount not exceeding five 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 

inco^me, how ap- pQj.pQses, Aud all iiicomc, if any, arising from such real 



1861.— Chapters 7, 8. 347 

estate, shall be devoted exclusively to the interests of said 
corporation. 

Section 2. This adt shall take effect on its passage. 

Approved January 28, 1861. 

An Act to extend and alter an act to incorporate the union Qfi^p^ 7. 

MUTUAL MARINE INSURANCE COMPANY. 

Be it enacted., tVc, as folloirs : 

Section 1. The act passed on the fifteenth day of May, Act of issi re- 

1 • 1 J t A euacted, with 

in the year eighteen hundred and fifty-one, entitled " An modifications. 

Act to incorporate the Union Mutual Marine Insurance 

Company," shall, as hereby modified, be and remain in 

force on and after the fifteenth day of May, in the year 

eighteen hundred and sixty-one; and the said company Time unlimited. 

shall be continued as a corporation for an unlimited term of 

time, and for this purpose shall have all the powers and Privileges and re- 

. .' -, , ', . ' 11 1 1 ,• i • i- J stnctions. 

privileges, and be subject to all the duties, restrictions and 
liabilities, set forth in the fifty-eighth chapter of the General 
Statutes, and all other general laws applicable to mutual 
marine insurance companies. 

Section 2. The said corporation may hold real estate to May iioid real 
the amount of ten thousand dollars. 

Section 3. So much of said " Act to incorporate the Repeal 
Union Mutual Marine Insurance Company," as is incon- 
sistent herewith, is hereby repealed. 

Approved January 28, 1861. 

An Act concerning patucket bridge. Chap. 8. 

Beit enacted, §'c., as follows: 

Section 1. When Patucket Bridge shall be laid out as a Loweii and Dra- 
public highway, as provided in chapter eighty-six of the Acts XX'id out'"' 
of the year one thousand eight hundred and sixty, the city 
of Lowell and the town of Dracut shall maintain and keep 
the same in repair at their joint equal expense, subject to county commis- 
the control of the county commissioners as provided in 3.'''^' *° """' 
section two of the forty-fourth chapter of the General 
Statutes ; and any fine or damage incurred by reason of 
said bridge being out of repair, as prescribed in section 
twenty-two of said chapter, sliall be recovered of, and paid 
by, said city and town in equal portions. 

Section 2. If the county commissioners, upon due appli- county commis- 

1 in 1 -ii'i ii ii ] sioners may alter 

cation to them, shall order said bridge to be altered or at dty and town's 
widened, the expense of such alteration or widening shall "^p'^'i^^. 
be borne and paid by the said city and town in equal 
portions. 



348 



1861.— Chapters 9, 10, 11. 



Expenditures for SECTION 3. The proprietors of the locks and canals on 

[mCrsecTtoMty Mcrrimack River shall reimburse to said cit}^ and town all 

and town. ^^^^^ cxpcnded by them in the necessary repair of that 

portion of said bridge erected by said proprietors, under an 

indenture between them and the proprietors of said bridge, 

dated November the eighteenth, in the year one thousand 

eight hundred and forty-six. 

Repeal. SECTION 4. The fifth scctiou of chapter eighty-six of the 

Acts of the year one thousand eight hundred and sixty, is 

hereby repealed. 

Section 5. This act shall take effect upon its passage. 

Approved January 31, 1861. 



Chop. 9. 



Mav hold not ex- 
ceeding $5,000. 



Chap. 10. 

Corporators. 

Name. 

Purpose. 

Location. 

Privileges and re- 
strictions. 



Real estate. 
Capital. 

Shares. 



ChapAl. 



Boundaries es- 
tablished. 



An Act to authorize the hingham mutual fire insurance 

company to hold real estate. 
Be 'it enacted, Sfc, as folloios : 

The Hingham Mutual Fire Insurance Company is hereby 
authorized to hold real estate for the convenient transaction 
of its business, in the town of Hingham, to an amount not 
exceeding five thousand dollars. Approved January 31, 1861. 

An Act to incorporate the paige mills. 

Be it enacted, Sfc, as foUoios : 

Section 1. Charles S. Storrow, George W. Lyman, James 
Lawrence, J. W. Paige, their associates and successors, are 
hereby made a corporation by the name of the Paige Mills, 
for the purpose of manufacturing goods wholly or in part of 
cotton, woollen, or silk, in the city of Lawrence, in the 
county of Essex ; and for this purpose shall have all the 
powers and privileges, and be subject to all the duties, 
restrictions and liabilities, set forth in the sixtieth and sixty- 
eighth chapters of the General Statutes, and acts passed 
subsequent thereto relating to manufacturing corporations. 

Section 2. Said corporation may hold, for the purpose 
aforesaid, real estate to the amount of five hundred thou- 
sand dollars ; and the whole capital stock of said corporation 
shall not exceed one million dollars, in shares of one hundred 
dollars each. 

Section 3. This act shall take effect on its passage. 

Approved January 31, 1861. 

An Act changing the boundary line between the towns of 

belmont and west cambridge. 
Be it enacted, S^c, as follows : 

The boundary line between the towns of Belmont and 
West Cambridge, between the points named, shall hereafter 
be established as follows, to wit: Commencing at a stone 



1861.— Chapters 12, 13. U9 

post on the north-westerly side of Spring Lane, near the 
house of Edward Fillebrown, and on the present hne between 
said towns ; thence running in a southerly direction on the 
westerly side of Spring Lane seventy-three rods and twelve 
links to a post ; tlience crossing Spring Lane at right angles, 
and running in a southerly direction on the easterly side of 
Spring Lane seventy-three rods and twelve links to the 
corner of Pleasant Street ; thence turning at right angles 
and running in a northerly direction on the westerly side of 
Pleasant Street seven rods to a post ; thence crossing Pleasant 
Street at right angles to the corner of Pond Street, and 
running on the north-easterly side of Pond Street in a south- 
easterly direction seventy-two rods to a post ; thence crossing- 
Pond Street at right angles at the north-easterly corner of 
Cross Street, and running on the south-westerly side of Pond 
Street, in a south-easterly direction, eighty-six rods, to a stone 
post standing on the original line between said towns of 
Belmont and West Cambridge. Approved January 31, 1861. 



Chap. 12. 



An Act authorizing the Cambridge water works to purchase 
the property and franchise of the cambridgeport aqueduct 

COMPANY. 

Be it enacted, ^'c, as follows : 

Section 1. The Cambridge Water Works are hereby Transfer author- 
authorized and empowered to purchase of the Cambridge- ^'^^' 
port Aqueduct Company, all their corporate property, both 
real and personal, together with the franchise thereof, and the 
Cambridgeport Aqueduct Company are hereby authorized and 
empowered to sell and transfer all their corporate property, 
with the franchise thereof, to the said Cambridge Water 
Works ; and when said property shall have been purchased 
and transferred as aforesaid, all the rights, powers and privi- 
leges conferred upon the Cambridgeport Aqueduct Company 
by their act of incorporation, with all the duties, restrictions, 
and liabilities imposed by said act, shall be vested in the 
Cambridge Water Works, as fully and as legally as they 
now are in the Cambridgeport Aqueduct Company. 

Section 2. This act shall take effect upon its passage. 

Approved January 31, 1861. 
An Act further to increase the capital stock of the naum- /^A^ ., i Q 

KEAG STEAM COTTON COMPANY. J 

Be it enacted, Sj'c, as follows: 

Section 1. The Naumkeag Steam Cotton Company is increase author- 
hereby empowered to increase its capital stock to the sum of """'' 
twelve hundred thousand dollars. 

Section 2. This act shall take effect upon its passage. 

Approved January 31, 1861. 



350 1861.— Chapters 14, 15. 

Chan 14 ^^ ^^^ granting further time to the SUFFOLK INSURANCE COM- 
-* ' ' PANY TO CLOSE ITS AFFAIRS. 

Be it enacted, ^c, as follows: 
filT^earr'*""^"^ SECTION 1. TliG time within which the Suffolk Insurance 
Company is required, by the thirty-sixth section of the sixty- 
eighth chapter of the General Statutes, to settle and close 
their affairs, is hereby extended for the term of five years. 
Section 2. This act shall take effect upon its passage. 

Approved January 31, 1861. 



Chap. 15. ^^ ^^^ ^^ INCORPORATE THE CHARLESTOWN FREIGHT RAILROAD 

COMPANY. 

Be it enacted, Sfc, as follows : 

Corporators. SECTION 1. Ezra Eamcs, p. J. Stone, John Stimson, 

J. E. Bartlett, and George Johnson, their associates and 

Title. successors, are hereby made a Corporation by the name of 

the Charlestown Freight Railroad Company, with authority 
to construct, maintain and use, by themselves or others, a 
railway with convenient single or double tracks, switches 

Location. and turnouts, from a point on the tracks of the Boston and 

Chelsea Railroad opposite Medford Street in the city of 
Charlestown, through Medford, Main and Cambridge Streets 

How determined, to tliG Bostou and MaiuG Railroad ; the location to be fixed 
and determined by the mayor and aldermen of the said city 
of Charlestown, to be accepted in writing by said corporation 

Proviso. hereby established : provided, that before any location is 

made thi'ough said streets, notice thereof shall be given to 
the abutters thereon and all others interested, by advertising 
in a newspaper published in said Charlestown, the time and 
place when the mayor and aldermen will meet to locate said 
railroad, when any objection made thereto shall be heard 
and considered. 

usT of "track's ^of SECTION 2. Said corporation hereby created, may enter 

other roads. upou and usc the tracks of the Boston and Chelsea, the 
Middlesex, and the Boston and Maine Railroad Companies, 
and the tracks of such other railroad companies as they inter- 
sect, with the consent of such railroad companies, in such 
mode and upon such terms as may be mutually agreed upon 
in writing, with the companies upon whose tracks this rail- 
road company may desire to enter. 

Road to be under SECTION 3. The Said road shall be constructed and main- 
direction of city ,.1.1 T 111 

of Charlestown. taiiicd 111 sucli manner and upon such grade as the mayor 
and aldermen of said city of Charlestown may, in their 
votes fixing and determining the location thereof, prescribe 
and direct ; and if said railroad company shall deem it 
expedient to alter the grade of any street, such alteration 



1861.— Chapter 15. 351 

shall be made at the sole expense of said corporation, and 
shall not be made unless the same is first assented to by the 
mayor and aldermen of said city. 

Section 4. Said corporation shall maintain and keep in corporation to 
repair snch portions of the streets as shall be occupied by S-'^streets, anrte 
their tracks, and shall be liable for any loss or injury that Jirjury^°from%ts 
any person may sustain by reason of carelessness, neglect or neglect. 
mismanagement of its agents and servants, in the construc- 
tion, management or use of said railroad, and shall not in- Not to incumber 
cumber any portion of said streets which shall not be occupied ^*''®®'*- 
by their said railroad, switches and turnouts ; and in case Liabmty in case 
any recovery shall be had against said city by reason of any agaTn'sT'^cUy for 
defect, want of repair or unauthorized obstructions, said n*'g''^'=t of ^orpo- 
corporation shall be liable to refund the same, together with 
all reasonable costs and expenditures incurred in the defence 
of any suit or suits in which recovery shall be had. 

Section 5. Said railroad shall be operated and used with Motive power. 
horse-power only ; and the mayor and aldermen of said city speed and use of 
shall have power at all times to make all such regulations *'^*'=''*- 
as to the rate of speed and mode of the use of the tracks, as 
the public convenience and safety may require. 

Section 6. If any person shall wilfully or maliciously obstructions 
obstruct the said corporation in the use of their said railroad p""'^*^^^'®- 
or tracks, or the passing of the cars or carriages of said 
corporation thereon, such person and all who shall be aiding penalty. 
and abetting therein shall be punished by a fine not exceed- 
ing five hundred dollars, or may be imprisoned in the county 
jail for a period not exceeding three months. 

Section 7. If said corporation or its agents or servants. Penalty for ob- 
shall wilfully obstruct any street or highway, or the passing poraUon° ^^''°'" 
of any carriage over the same, such corporation shall be 
liable to a fine not exceeding five hundred dollars. 

Section 8. The capital stock of said corporation shall capital. 
not exceed fifteen thousand dollars, to be divided into shares gj^^^^.^^ 
of one hundred dollars each ; and no shares in the capital 
stock shall be issued for a less sum or amount to be actually 
paid in on each, than the par value of the shares which 
shall be first issued. 

Section 9, Said corporation shall have power to purchase Real estate. 
and hold such real estate within said city, as may be conve- 
nient and necessary for the purposes and management of 
said road. 

Section 10. Nothing in this act shall be construed to control of high- 
prevent the authorities of said city from entering upon and ^^j^ by authon- 
taking up any of the public streets traversed by said railroad, 

2 



352 



1861. — Chapter 16. 



Annual returns. 



Conditions of va- 
lidity of act. 



for the purposes for which they may now lawfully take up 
the same. 

Section 11. Said corporation shall be deemed a railroad 
corporation so far as to be subject to make such annual 
returns to the legislature as are or may be required by law, 
but not to the other general provisions of law in relation to 
railroad corporations. 

Section 12. This act shall be void so far as relates to 
the right to construct said road, unless the same shall be 
accepted by the mayor and aldermen of said city, and unless 
the act shall be accepted by said corporation, and ten per 
cent, of the capital stock thereof shall be paid in ; and 
unless the location of said road shall be filed before the first 
day of November, in the year eighteen hundred and sixty- 
three. 

Section 13. At any time after the expiration of one year 

of road by mayor f> .1 • j^ c j.-) j. i o • -\ •^ j • 

and aldermen au- ii'om tlic Opening lor usc 01 the tracks 01 said railroad in 
thonzed. g^jjy streets in which the same may be located as provided by 

its charter, the mayor and aldermen of said city, may, by a 
vote of a major part thereof, discontinue the same ; 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 the vote or order of said mayor 
and aldermen : provided, that such taking up and removal 
shall be at the expense of said railroad corporation. 

Approved January 31, 1861. 



Discontinuance 



Chap. 16. 



Location of 
tracks. 



Location in Mel- 
rose. 



Route defined. 



An Act coNCERNiNa the cliftondale railroad company. 

Be it enacted, Sfc, as follows : 

Section 1. The selectmen of the several towns in which 
the Cliftondale Railroad Company was, by the act of its in- 
corporation, authorized to construct its railroad, and the 
mayor and aldermen of the city of Lynn, are hereby author- 
ized to locate the tracks of the railroad of said company upon 
and over such of the streets and highways within their 
respective corporations, as they may respectively from time 
to time determine, with the assent in writing of said company. 

Section 2. The selectmen of the town of Melrose are 
hereby authorized to locate the tracks of said company upon 
and over such portion of the highway in said town known as 
the old Boston and Newburyport Turnpike, as they may 
determine, with the assent in writing of said company. 

Section 3. Said company is hereby authorized to con- 
struct, maintain and use their railroad from some convenient 
point upon the highway known as the old Boston and New- 
buryport Turnpike, to some point in Melrose near Swain's 



1861.— Chapter 17. 353 

Pond : provided^ that it shall not be constructed upon any Proviso. 
highway or town way, unless its location thereon shall first 
be fixed and determined by the selectmen of the town in 
which such highway or town way is located, with the assent 
in writing of said company. 

Section 4. All locations made under the provisions of ^ade*'°°^' ^"^ 
this act, shall be made in all respects in pursuance of the 
provisions of the act by which said company was incorpo- 
rated, and of the act in addition thereto, passed in the year 
one thousand eight hundred and sixty: and said company Privileges and re- 

• •/ ' i J strictioDs 

is hereby authorized to construct, maintain and use their 
railroad located in pursuance of this act, upon and over the 
streets and highways of said towns and city, and upon and 
over such land outside of the streets and highways in said 
towns, as said company may determine ; with the same 
powers and privileges, and subject to the same duties, liabil- 
ities and restrictions, as if the same had been located and 
constructed under the authority of the act by which said 
company was incorporated, and the act in addition thereto, 
passed in the year one thousand eight hundred and sixty. 

Sections. The bonds which said company was author- b°°'*''' lenom- 

. , , ., . n \ ^ ^ • ^ • nation aefined. 

ized to issue by tlie ninth section oi the act by wliich it was 

incorporated, may be issued in sums of one hundred dollars 

each ; and it is hereby declared to be the intention of said sinking fund, in- 

section to authorize the trustees of the sinking fund to invest 

said fund or any portion thereof in the bonds of said 

company. 

Section 6. This act shall be void so far as relates to the ^ct to be void 

„., ., ,. ., ^-1/ T- unless accepted. 

construction oi said railroad in either oi said towns, and in 
the city of Lynn, unless the same shall be accepted by the 
selectmen of said towns, and the mayor and aldermen of 
said city, respectively, and by said company, within one year 
after its passage. Approved January 31, 1861. 

An Act to continue in force An Act to incorporate the nh^jy, i 7 

WEYMOUTH AND BRAINTREE MUTUAL FIRE INSURANCE COMPANY P' 

IN WEYMOUTH. 

Be it enacted, §'c., as follows: 

The statute of the year one thousand eight hundred and Act of \m and 
thirty-three, incorporating the Weymouth and Braintree to'^ remain "Tn 
Mutual Fire Insurance Company, and the several acts in ^°'"=^- 
addition thereto, shall be continued and remain in force 
from and after the twentieth day of February, one thousand 
eight hundred and sixty-one ; and said company shall have Privileges and re- 
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 may 
hereafter be enacted. Approved January 31, 1861. 



354 1861.— Chapters 18, 19, 20. 

Chan 18 "^^ ^^^ CONCERNING THE WINNISIMMET RAILROAD. 

Be it enacted, Sfc, as follows : 

May run cars SECTION 1. TliG Wiiinisimmet Railroad Company is 
meTferry"""™" liGrebj autliorized to run its cars over the Winnisimmet 
Ferry, and the passage-ways leading thereto, and belonging 
to said ferry ; and for that purpose may construct, maintain 
and use tracks, switches and turnouts, with the necessary 
appurtenances, upon and over the boats, drops and passage- 
ways, belonging to the Winnisimmet Ferry Company, for 
such rates of compensation as may be mutually agreed upon 
Compensation, by Said compauics ; and in case of disagreement between 
said companies, as to such rates of compensation, the same 
shall be fixed by three commissioners, to be appointed by 
the supreme judicial court. 

Section 2. This act shall take effect upon its passage. 

Approved January 31, 1861. 



Chap. 19. 



An Act relating to the Springfield fire and marine insur- 
ance COMPANY. 
Be it enacted, S^'c, as follows: 

Limitation for So mucli of the first section of chapter eleven of the acts 
tefrepeaied."*^^'" of eighteen liuudred and fifty-nine, as requires the increase 
of the capital stock of the Springfield Fire and Marine In- 
surance Company, thereby authorized, to be paid in within 
two years from the passage of said act, is hereby repealed. 

Approved January 31, 1861. 



Chap. 20. 



An Act making appropriations for the mileage and compen- 
sation OF the lieutenant-governor and council, of the 

' OFFICERS and MEMBERS OF THE LEGISLATURE AT THE PRESENT 
SESSION THEREOF, AND FOR OTHER PURPOSES. 

Be it enacted, Sfc, as follows: 
Appropriations SECTION 1. Thc suuis hereinafter mentioned, are appro- 
priated, and shall be allowed and paid out of the treasury 
of this Commonwealth, from the ordinary revenue, upon the 
warrants of the governor, for the purposes specified, to meet 
the expenses for the mileage and compensation of the 
lieutenant-governor and council, officers and members of 
the legislature at the present session thereof, and for other 
purposes, to wit : 

Lieutenant-gov- For the mileage and compensation of the lieutenant-gov- 
ernor and coun- i •■• . t -li^i i 

cii. ernor and council, a sum not exceeding eiglit thousand 

dollars. 
Senators' mile- For thc mileage of senators, a sum not exceeding four 
^^^' hundred dollars. 

Compensation. For tlic Compensation of senators, a sum not exceeding 

twelve thousand three hundred dollars. 



1861.— Chapter 21. 355 

For the mileage of representatives, a sum not exceeding Representatives' 
two thousand three luindred dollars. 

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

For the compensation of the valuation committee, appointed valuation com- 
to sit during the recess of the legislature of the year eighteen m^^teecompensa- 
hundred and sixty, a sum not exceeding two thousand six 
hundred dollars, the same to be in addition to any former 
appropriation. 

For the salaries of the clerks of the senate and house of cierks senate and 
representatives, including the compensation of such assistants °'^^''' 
as they may appoint, four thousand dollars. 

For the salaries of tlie chaplains of the senate and house chaplains' saia- 
of representatives, four hundred dollars. 

For fees of witnesses summoned before committees, in witness fees. 
accordance with the provisions of the General Statutes, 
chapter one hundred and fifty-seven, and of the acts of the 
year eighteen hundred and sixty, chapter forty-one, a sum 
not exceeding five hundred dollars. 

For the compensation of the preacher of the election ^ermfn^^^'"'^'°'' 
sermon, one hundred dollars. 

For stationery for the senate, purchased by the clerk of the ate.*'°'^'^'^^' ^^° 
senate, a sum notexcecdingone thousand one hundred dollars. 

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

For compensation of the private secretary of the governor, Private secretary 
a sum not exceeding fourteen hundred dollars. of governor. 

For the compensation of the messenger to the governor Messenger of go v- 
and council, eight hundred dollars. "''^°'"' 

For the compensation of the assistant-messenger to the A.^sistant mes- 
governor and council, three hundred and sixty-five dollars, ^^^s''^- 

For the salary of the sergeant-at-arms,two thousand dollars. Sergeant-at- 

For the compensation of the door-keepers, messengers Dwr-keepers, 
and pages of the senate and house of representatives, and of "'^*'gg"^''^''^gjj 
such watchmen and firemen as may be employed in the state aU firemen. 
house, a sum not exceeding eight thousand eight hundred 
dollars. 

For the authorized expenses of committees of the legis- committees' ex- 
lature, a sum not exceeding three hundred dollars. penses. 

Section 2. This act shall take effect upon its passage. 

Approved January 31, 1861. 

An Act making an appropriation for an emergency fund. Chap. 21. 

Be it enacted, ^c, as folloivs : 

Section 1. There is hereby appropriated the sum of one Appropriation of 
hundred thousand dollars, to be designated as the Emergency tc service."''^" " 



356 



1861.— Chapters 22, 23. 



Chap. 22. 

Corporators. 



Fund, which shall be paid out of the treasury of this Com- 
monwealth, from ordinary revenue, on any warrants of the 
governor, which may be drawn from time to time, for such 
amounts, not exceeding in the aggregate one hundred thou- 
sand dollars, as in the judgment of the governor, by and 
with the consent of the council, may be necessary for the 
public service : provided, that no part of this sum shall be 
expended for services or objects for which there are or may 
be subsisting appropriations contained in any act or resolve, 
which has been or may be passed at the present session of 
the general court, and an account shall be rendered to the 
next general court, on or before the fifteenth day of January 
next, of the manner in which said fund, or any part thereof, 
has been disbursed. 

Section 2. This act shall take effect upon its passage. 

Approved February 5, 1861. 

An Act to incorporate the real estate and building company. 

Be it enacted, ^'c, as follows : 

Section 1. Charles B. Hall, James W. Stone, Jacob 
Sleeper, Samuel A. Bradbury, Holmes Ammidown, their 
associates, successors and assigns, are hereby made a corpo- 
ration, during and for the term of twenty years from and 
after the passage of this act, unless this act shall be sooner 
repealed, by the name of the Real Estate and Building 
Company, for the purpose of purchasing, selling, leasing 
and improving real estate, in the towns of Dorchester, Milton 
and Dedham, now held by L. A. Huntington, William H. 
Seavey, and W. L. G. Hunt, as trustees of the Real Estate 
and Building Company, and no other, and performing such 
other legal acts as may be necessary in accomplishing said 
objects; with all the powers and privileges, and subject to 
all the duties, liabilities and conditions, set forth in the 
sixtieth and sixty-eighth chapters of the General Statutes. 

Section 2. The capital stock of said corporation shall be 
one hundred thousand dollars, divided into shares of fifty 
dollars each, with liberty to increase the said stock to two 
Proviso. hundred and fifty thousand dollars: provided, that the said 

corporation shall not transact any business until at least 
seventy-five thousand dollars in cash shall have been paid in. 

Approved February 6, 1861. 

Chap. 23. ^^ -^^"^ ^N ADDITION to an act TO INCORPORATE THE TOWN OF 
-^ ' ' ACUSHNET. 

Be it enacted, Sfc, as follows. • 
Registry of deeds. SECTION 1. The towu of Acushuct shall be and remain 
a part of the southern district of the county of Bristol, for 
the registry of deeds. 



Title. 
Purpose. 



Privileges and 
conditions. 



Capital. 
Shares. 



1861.— Chapters 24, 25, 26. 357 

Section 2. All deeds, mortgages, notices or certificates 
of foreclosure, and other instruments required by law to be 
recorded, and now recorded, or which shall hereafter be 
recorded, in the registry of deeds for said southern district 
of the county of Bristol, shall have the same force and effect, 
and the record of the same in said registry shall be of the 
same force and effect, as if the said town of Acushnet had 
been and remained a part of the town of Fairhaven. 

Approved February 6, 1861. 



Chap. 24. 



An Act to authorize john p. ober to build a wharf in glou 

CESTER. 

Be it enacted, §'e., as follows: 

John P. Ober, proprietor of land and flats situate in that Location. 
part of Gloucester known as Eastern Point, is hereby author- 
ized to build and maintain thereon a wharf, extending three 
hundred feet in a north-westerly direction into the cove 
from the main road or high-water mark, and shall have the Privileges 
right to lay vessels at the end and sides of said wharf, and 
receive wharfage and dockage therefor : provided^ hoivever^ proyiso. 
that this grant shall in no wise impair the legal rights of any 
person. Approved February 6, 1861. 



Chap. 25. 



An Act in addition to an act to incorporate the belvidere 

woollen manufacturing company. 
Be it enacted, Sfc, as follows : 

Section 1. The Belvidere Woollen Manufacturing Com- Additional pow- 
pany is hereby authorized to prosecute the manufacture of "^^^'*°'^ ' 
woollen and cotton goods in Lowell, in the county of Mid- 
dlesex. 

Section 2. Said corporation may increase its capital increase of capi- 
stock to an amount not exceeding three hundred thousand ''^ '>'"''»°rized. 
dollars, and may invest such portion thereof in real and investment. 
personal estate as may be necessary or convenient for the 
prosecution of its business. Approved February 6, 1861. 

An Act to incorporate the milton gas light company. Chan 26 

Be it enacted, Sfc, as follows : 

Section 1. John D. Bradlee, Sumner A. Burt, Edward corporators. 
L. Pierce, their associates and successors, are hereby made Titie. 
a corporation by the name of the Milton Gas Light Com- 
pany, in Milton, for the purpose of manufacturing and sell- Purpose, 
ing gas in the town of Milton, with all the powers and Privileges and re- 
privileges, and subject to all tlie duties, restrictions and ^'™"°'^- 
liabilities, set forth in the sixtieth and sixty-eighth chapters 
of the General Statutes. 



358 1861.— Chapters 27, 28. 

Real estate. SECTION 2. Said corporatioii may, for the purpose afore- 

said, hold real estate not exceeding in value twenty thousand 
dollars, and the whole capital stock shall not exceed one 
hundred thousand dollars. 
Power to open SECTION 3. Said Corporation, with the consent of the 
sinkVi'pes, &c. ° sclectmeu of the town of Milton, shall have the power and 
authority to dig up and open the ground in any part of the 
streets, lanes and highways in said town, for the purpose of 
sinking and repairing such pipes and conductors as may be 
necessary for the purpose aforesaid ; and the said corpora- 
tion, after opening the ground in such streets, lanes or high- 
ways, shall be held to put the same again in repair, under 
the penalty of being prosecuted for a nuisance : provided, 
that the selectmen of said town may regulate, restrict, and 
control all acts and doings of such corporation, which may 
in any manner affect the health, safety, convenience or prop- 
erty of the inhabitants of said town. 

Approved February 6, 1861. 



Chap. 27. 



An Act to authorize the selectmen op Harwich to construct 

a bridge across herring river. 
Be it enacted, §'c., as follows : 
Location defined. The Selectmen of the town of Harwich are hereby author- 
ized to construct and maintain a bridge, and to establish the 
same as a town way, across Herring River, in said Harwich, 
on the line of a road laid out in the year eighteen hundred 
and sixty, and commencing at the lower county road in said 
town, near the dwelling-house of Job Chase, and thence 
extending northerly over Bell's Neck to the upper county 
road. Approved February 6, 1861. 



Chap. 28. 



ized. 



An Act to increase the capital stock of the Bristol county 

BANK. 

Be it enacted, ^"c, as follows: 

Increase author- SECTION 1. The president, dircctors and company of the 
Bristol County Bank, of Taunton, are hereby authorized to 
increase their present capital stock, by an addition thereto 
of one hundred and fifty thousand dollars, in shares of one 
hundred dollars each, which shall be paid in such instal- 

ProTiso. 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 sixt3'-one. 

Remonstrance. SECTION 2. If any of tlic stockholdcrs of said bank re- 
monstrate against the acceptance of the additional capital 
herein provided, their remonstrance shall be made, in writing, 



1861.— Chapters 29, 30, 31. 359 

to the cashier of the bank, on or before the first day of 
July next ; and if the persons so objecting legally represent 
one-fourth part of the present capital stock of said corpora- 
tion, it shall not be entitled to the benefit of this act. 

Section 3. The additional stock aforesaid, when paid Tax, etc. 
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- 
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 upon its passage. 

Approved February 6, 1861. 
An Act to extend the time for locating and constructing the nhfj^i 29 

SPRINGFIELD AND FARMINGTON VALLEY RAILROAD. J*?^' 

Be it enacted, Sfc, as follows : 

The time for locating and constructing the Springfield and Extended three 
Farmington Valley Railroad, is hereby extended three years ''^*"' 
from the time designated in the twentieth chapter of the 
acts of eighteen hundred and fifty-nine. 

Approved February 9, 1861. 



Chap. 30. 



An Act to authorize daniel s. webber to extend his wharf 
in gloucester. 

Be it enacted, Sfc, as follows : 

Daniel S. Webber, proprietor of a wharf in Gloucester, May extend two 
situated in that part of the town known as Fresh Water '"""^'"'^ *■'"'• 
Cove, is hereby authorized to extend and maintain said wharf 
in its present width, two hundred and twenty-five feet from 
the starting point of said wharf towards the centre of the 
channel ; and shall have the right to lay vessels at the end 
and sides of said wharf, and to receive wharfage and dockage 
therefor : provided, hoivever, that this grant shall in no wise Proviso, 
impair the legal rights of any person. 

Approved February 9, 1861. 

An Act in addition to an act to incorporate the boston society nhnij 3 1 

OF THE NEW JERUSALEM. -^ ' ' 

Be it enacted, §'c., as follows : 

The Boston Society of the New Jerusalem, in addition to May hoid estate. 
the power given in the second section of its charter of incor- 
poration, and in other acts in addition thereto, may take and 
hold for religious, charitable and educational purposes, in 



360 



1861.— Chapters 32, 33, 34, 35. 



May extend 
three hundred 
feet. 



ProTiso. 



fee simple or otherwise, by gift, grant, devise or purchase, 
Amount. aiij real or personal estate: provided, the annual income of 

all said estate shall not exceed six thousand dollars. 

Approved February 9, 1861. 

Chan. 32. -^^ -^^^ '^^ AUTHORIZE BENIAH COLBURN AND OTHERS TO EXTEND 
"' ' THEIR BREAKWATER IN GLOUCESTER. 

Be it enacted, §'c., as follows : 

Beniah Colburn, William J. Torrey, Blanchard Clifford, 
and Thomas Hale, proprietors of a breakwater in Glouces- 
ter, situated in that part of the town known as Hodgkins 
Cove, are hereby authorized to extend and maintain said 
breakwater, three hundred feet in a northerly direction ; and 
shall have the right to lay vessels at the end and sides of 
said breakwater, and to receive wharfage and dockage there- 
for : provided, hoivever, that this grant shall in no wise 
impair the legal rights of any person or corporation. 

Approved February 9, 1861. 

Chap. 33. An Act extending the time for the location and construction 

OF THE STONEHAM BRANCH RAILROAD. 

Be it enacted, §'c., as folloios : 

The time allowed to the Stoneham Branch Railroad Com- 
pany for the location and construction of its railroad, is 
hereby extended one year beyond the time fixed therefor by 
its act of incorporation, entitled " An Act to incorporate the 
Stoneham Branch Railroad Company," and approved April 
sixth, in the year one thousand eight hundred and fifty-nine. 

Approved February 9, 1861. 

An Act to increase the capital stock of the troy cotton and 

WOOLLEN manufacturing COMPANY. 

Be it enacted, ^c, as follows : 

The Troy Cotton and Woollen Manufacturing Company is 
hereby authorized to increase its capital stock in a sum not 
exceeding three hundred thousand dollars, so that its whole 
capital shall be five hundred thousand dollars. 

Approved February 9, 1861. 

An Act to increase the capital stock of the essex bank of 

haverhill. 

Be it enacted, §'c., as follows : 

Section 1. The president, directors and company of the 
Essex Bank of Haverhill, are hereby authorized to increase 
their present capital stock by an addition thereto of one 
hundred thousand dollars, in shares of one hundred dollars 
each, which shall be paid in such instalments as the presi- 



Extended 
year. 



Chap. 34. 



May increase to 
$300,000. 



Chap. 35. 



Amount of in- 
crease. 



Shares. 



1861.— Chapters 36, 37. 361 

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-one. 

Section 2. If any of the stockholders of said bank reraon- 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 persons so objecting legally represent one-fourth condition. 
part of the present capital stock of said corpoi*ation, it shall 
not be entitled to the benefit of this act. 

Section 3. Tiie additional stock aforesaid, when paid Tax, &c. 
into said bank, shall be subject to the like tax, regulations, 
restrictions and provisions, as is the present capital stock of 
said bank. 

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

Section 5. This act shall take effect upon its passage. 

Approved February 9, 1861. 



Chap. 36. 



An Act making an appropriation for the transportation of 

state paupers. 
Be it enacted, Sfc, as follotvs : 

There shall be allowed and paid out of the treasury of the Amount. 
Commonwealth, from the ordinary revenue, a sum not 
exceeding eigiit thousand dollars, to be expended by the 
alien commissioners for the transportation of state paupers : 
provided.^ that the same shall be expended only in the Proviso, 
transportation of state paupers from the several hospitals 
and almshouses ; and a detailed report of such expenditures Report. 
shall be rendered to the auditor of the Commonwealth on 
the first day of every month. Approved February 9, 1861. 



Chap. 37. 



An Act to authorize the maintenance of a bridge over her- 
ring RIVER IN HARWICH. 
Be it enacted, §'c., as folloivs : 

Section 1. Anthony Kelley and Isaiah Baker, of Harwich, location of 
in the county of Barnstable, with their associates, are hereby 
authorized and empowered to maintain a bridge over Herring 
River in said Harwich, at a place between Oak Island and 
Bell's Neck, where a bridge is now built. 

Section 2. If at any time hereafter the way now con- Maintenance, in 
structed and leading over said bridge is accepted as a town 



case, &c. 



362 1861.— Chapters 38, 39. 

way, the said bridge from and after such acceptance shall 
be maintained by the said town of Harwich. 

Section 3. This act shall take effect upon its passage. 

Approved February 9, 1861. 

Chop. 38. ^^ ■^^'^ '^^ CONFIRM THE ORGANIZATION AND PROCEEDINGS OP THE 
^' AGAWAM BRIDGE COMPANY. 

Be it enacted, ^"c, as follows : 

Records of clerk SECTION 1. The Organization of the Agawam Bridge 
Company, made on the twenty-eighth day of June, in the 
year eighteen hundred and fifty-six, and the further measures 
adopted to organize said corporation on the thirtieth day of 
June, in the year eighteen hundred and sixty, and all the 
proceedings of said corporation, under and by virtue of said 
organizations, or either of them, as the same are recorded 
in the books of record of the stockholders and directors of 
the same, now in the possession of George P. Geer, clerk of 
said corporation, are hereby ratified, fully established and 
confirmed, as the acts, doings and records of a legally 
Acting officers Organized corporation ; and the persons elected and now 
confirmed. actiug as thc ofiicers of said Agawam Bridge Company, 

according to said records, are hereby confirmed in their 
respective offices, and authorized to perform all their respec- 
tive official duties, until their successors are duly chosen 
and qualified ; any defects or informalities in the organiza- 
tion or proceedings of said corporation, heretofore existing, 
to the contrary notwithstanding. 
Time for compie- SECTION 2. The time within which said corporation was 
extended. ^"'^^^ required by its charter to build and finish a bridge as therein 
authorized, is hereby extended to the first day of January, 
in the year eighteen hundred and sixty-four. 

Approved February 9, 1861. 

Chap. 39. -^ -^C^ "^^ AUTHORIZE THE SALEM FIVE CENTS SAVINGS BANK TO 

HOLD REAL ESTATE. 

Be'it enacted, ^c, as follows : 

Ste for\a'Sl Section 1. The Salem Five Cents Savings Bank in the 
ing purposes. city of Salcm, is hereby authorized to hold real estate within 
the city of Salem, to an amount not exceeding twenty 
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 ex- 
clusively to the interests of said corporation. 

Section 2. This act shall take effect upon its passage. 

Approved February 9, 1861. 



1861.— Chapter 40. 363 

An Act making appropriation to pay certain expenses of the (JJiqy) 4Q 
year one thousand eight hundred and sixty, and previous ^' 

YEARS. 

Be it enacted, Sfc, as follows : 

The sums hereinafter mentioned are appropriated and Appropriations 
shall be allowed and paid out of the treasury of the Com- 
monwealth, upon the warrants of the governor, to meet 
certain expenses belonging to the year one thousand eight 
hundred and sixty, and previous years, to wit : 

For repairs on Charles River and Warren Bridges, one Bridge repairs. 
thousand two hundred ninety-three dollars. 

For salary of the land agent for nine months, in the year Land agent. 
eighteen hundred and sixty, seven hundred and fifty dollars. 

For office expenses, twenty dollars. 

For expenses of auditor's office for the years eighteen Auditor's office. 
hundred fifty-nine and eighteen hundred sixty, twenty-two 
dollars and fifty cents. 

For expenses of Rainsford Island Hospital for the year Rainsford island 
eighteen liundred sixty, thirty-five hundred dollars. hospital. 

For contingent expenses of the legislature of the year LegLsiature-cou- 
eighteen hundred and fifty-eight, six dollars and sixty cents. "°^'"'''"'^- 

For printing account of the senate and house of repre- printi,jg_ extra 
sentatives at extra session of the year eighteen hundred and session. 
sixty, one hundred and fifty dollars. 

For the secretary's department, three hundred and eighty- Secretary's de- 
one dollars. partmeut. 

For the adjutant and quartermaster-general's department Adjutant-gener- 
for the years eighteen hundred fifty-eight and eighteen hun- ^^ ^ <i«P^"'°''°*- 
dred fifty-nine, twenty-six dollars and fifty-five cents. 

For compensation of the Back Bay commissioners for Back Bay com- 
the year eighteen hundred sixty, four hundred and five ™'^^'°°"'^- 
dollars. 

For incidentals in the year eighteen hundred fifty-eight, incidentals. 
thirty-eight dollars. 

For compensation of the insurance commissioners for the insurance ccm- 
year eighteen hundred sixty, three hundred dollars. missioners. 

For salary of the clerk of said commissioners, one hun- cierk. 
dred dollars. 

For expenses of said commissioners for the year eighteen Expenses. 
hundred fifty-nine, twenty-five dollars. 

For printing for the commissioners for the year eighteen Printing. 
hundred sixty, four hundred and ninety-four dollars. 

For expenses of the alien commissioners for the year Alien commis- 
eighteen hundred fifty-nine, sixteen dollars. 

For support of the Marshpee Indians for the year eighteen Marshpeein- 
hundred sixty, sixty-five dollars and twenty-six cents. *^''''°^' 



364 



1861.— Chapter 41. 



Troy Indians. 



Printing — valua- 
tion committee. 



Almshouse, 
Tewksburj'. 



Sheriffs' ac- 
counts. 

Repairs, furni- 
ture, etc. — Res. 
1859. 



Compensation 
legislature. 



Improvements, 
state prison. 



Chap. 41. 

Corporators. 
Title. 

Purpose. 

Privileges and re- 
strictions. 



Capital. 



May open streets, 
sink pipes, &c. 



For support of the Troy Indians for the year eighteen 
hundred sixty, fifty dollars and sixty-three cents. 

For printing for the valuation committee of the year' 
eighteen hundred sixty, thirty-two hundred dollars. 

For expenses of the state almshouse at Tewksbury for the 
year eighteen hundred sixty, thirty-nine hundred and eighty- 
seven dollars and twenty-three cents. 

For sheriffs' accounts for the year eighteen hundred sixty, 
eight hundred and fifty dollars. 

For repairs, improvements and furniture authorized by 
resolves, chapter forty-five, of the year eighteen hundred 
fifty-nine, seventy-three dollars and ninety-four cents. 

For compensation of members of the legislature of the 
year eighteen hundred sixty, ten dollars. 

For improvements at the state prison, authorized by 
resolves, chapter forty-nine, of the year eighteen hundred 
sixty, six hundred and thirty-three dollars and twelve cents. 

Approved February 14, 1861. 

An Act to incorporate the north adams gas light company. 

Be it enacted^ Sfc., as follows : 

Section 1. Edward R. Tinker, Henry L, Dawes, John 
B. Tyler, their associates and successors, are hereby made a 
corporation by the name of the North Adams Gas Light 
Company, in Adams, for the purpose of manufacturing and 
selling gas, in the town of Adams ; with all the powers and 
privileges, and subject to all the duties, restrictions and lia- 
bilities, set forth in the sixtieth and sixty-eighth chapters 
and sections sixteen and seventeen of chapter sixty-one of 
the General Statutes. 

Section 2. Said corporation may, for the purpose afore- 
said, hold real estate not exceeding in value twenty thou- 
sand dollars, and the whole capital stock shall not exceed 
one hundred thousand dollars. 

Section 3. Said corporation, with tlie consent of the 
selectmen of the town of Adams, shall have the power and 
authority to dig up and open the ground in any part of the 
streets, lanes and highways in said town, for the purpose of 
sinking and repairing such pipes and conductors as may be 
necessary for the purpose aforesaid ; and the said corpora- 
tion, after opening the ground in such streets, lanes or high- 
ways, shall be held to put the same again in repair, under 
the penalty of being prosecuted for a nuisance : provided, 
that the selectmen of said town may regulate, restrict and 
control all acts and doings of such corporation, which may in . 



1861.— Chapters 42, 43, 44. 365 

any manner affect the health, safety, convenience or prop- 
erty of the inhabitants of said town. 

Approved February 14, 1861. 

An Act making appropriations for expenses of the state Qf^f^n 42. 

ALMSHOUSES AND THE HOSPITAL AT RAINSFORD ISLAND. "' 

Be it enacted, §'c., as follows : 

Section 1. The sums hereinafter mentioned are appro- For current ex- 
priated and shall be allowed and paid out of the ordinary eudiug Ma^h^SL 
revenue, upon the warrants of the governor, for the purpose 
of meeting the current expenses of the institutions herein- 
after named, for the quarter ending March thirty-first, in 
the year one thousand eight hundred and sixty-one, to wit : 

For the state almshouse at Tewksbury, a sum not exceed- Tewksbury. 
ing nine thousand dollars. 

For the state almshouse at Monson, a sum not exceeding Monson. 
eight thousand dollars. 

For the state almshouse at Bridgewater, a sum not exceed- Bridgewater. 
ing eight thousand dollars. 

For the hospital at Rainsford Island, a sum not exceeding Rainsford island. 
five thousand dollars. 

Section 2. This act shall take effect upon its passage. 

Approved February 15, 1861. 



Chap. 43. 



An Act to authorize the treasurer and receiver-general to 

ENDORSE notes OP THE UNITED STATES. 

Be it enacted, §'c., as folloios : 

Section 1. The treasurer and receiver-general of the May guarantee 
Commonwealth is hereby authorized to guarantee, upon the 
request of the secretary of the treasury of the United States, 
the treasury bonds of the United States, to the amount of Amount, 
two millions of dollars, on such conditions as shall be agreed conditions. 
upon by the secretary of the treasury of the United States, 
and the governor and council of this Commonwealth. 

Section 2. This act shall take effect upon its passage. 

Approved February 15, 1861. 



An Act to extend the time within which to construct a 
portion of the midland railroad. 



Chap. 44. 

Be it enacted, Sjx., as folloivs : 

The time within which the Midland Railroad Company Time extended 
may construct that portion of its railroad which was origi- *°'^'^^' 
nally authorized under the act incorporating the Southbridge 
and Blackstone Railroad Company, is hereby extended to 
the first day of May, in the year eighteen hundred and 
sixty-two : provided^ however., that any person whose land or Proyiso. 
other property has been taken by said railroad company, 



366 



1861.— Chapters 45, 46, 47. 



shall have one year in addition to the time now allowed 
by law to avail himself of the remedies provided in the 
sixty-third chapter of the General Statutes. 

Approved February 15, 1861. 

An Act to change the name of the mechanics' mutual fike 
insurance company. 

Be it enacted, ^c, as follows : 

The Mechanics' Mutual Fire Insurance Company, of Wor- 
cester, shall hereafter be called and known by the name of 
the Worcester Manufacturers' Mutual Insurance Company. 

Approved February 1.5, 1861. 

An Act to incorporate the bowditch manufacturing company. 

Be it enacted, ^"c, as follows : 

•Section 1. George D. Phippen, William D. Pickman, 
J. Wiley Edmands, Francis Brown, and Josiah Spaulding, 
their associates and successors, are hereby made a corpora- 
tion, by the name of the Bowditch Manufacturing Company, 
for the purpose of manufacturing cotton and other fibrous 
materials, in the city of Salem, in the county of Essex ; and 
for this purpose shall have all the powers and privileges, and 
be subject to all the duties, restrictions and liabilities, set 
forth in the sixtieth and sixty-eighth chapters of the General 
Statutes, and all acts passed subsequent thereto relating 
to manufacturing corporations. 

Section 2. The said corporation may hold, for the pur- 
poses aforesaid, real estate to the amount of three hundred 
thousand dollars ; and the whole capital stock of said corpo- 
ration shall not exceed five hundred thousand dollars, in 
shares of one hundred dollars each : provided, however, 
that said corporation shall not go into operation, until the 
sum of two hundred and fifty-thousand dollars of its capital 
stock has been paid in, in cash. 

Section 3. This act shall take effect upon its passage. 

Approved February 15, 1861. 
Chap. 47. -^N Act in addition to an act to incorporate the arkwright 

MUTUAL FIRE INSURANCE COMPANY. 

Be it enacted, Sfc, as follows: 

The Arkwright Mutual Fire Insurance Company, estab- 
lished in Boston, may, after providing for all losses and 
liabilities, distribute to the members severally entitled there- 
to, any surplus income of the business of said company, by 
issuing the scrip of the company therefor, on interest, paya- 
ble within two years from its date ; and the company may 



Chap. 45. 



Name changed. 



Chap. 46. 



Corporators. 



Purpose. 

Location. 

Privileges and re- 
strictions. 



Real estate. 

Capital. 
Shares. 
Proviso. 



Additional pow 
ers granted. 



1861.— Chapter 48. 367 

continue to hold such surplus income, and appropriate the 
same, if necessary to the payment of losses, before any assess- 
ments are made on the members of the company ; and such 
payments, if any, shall be deducted from the amount of such 
scrip at its maturity. Approved February 15, 1861. 

An Act to incorporate the quincy railroad company. Chat) 48 

Be it enacted, Sfc, as follows: 

Section 1. William S. Morton, John J. Glover and corporators 
Robert B. Leuchars, their associates and successors, are 
hereby made a corporation by the name and title of the Title. 
Quincy Railroad Company, with power to construct, main- powers. 
tain and use a railway or railways, with convenient single 
or double tracks with suitable turnouts, from such point or Location. 
points in the town of Quincy, upon and over the streets or 
highways therein, to the line separating said town from the 
town of Dorchester, as shall, from time to time, be fixed by 
vote of the selectmen of said town, and assented to in writing 
by said corporation, and thence upon and over either side of 
the Neponset Turnpike, so called, with authority to pass over 
such creeks and streams as their road traverses, by suitable 
bridges, when needed, and thence upon and over the Nepon- 
set Bridge, and such streets and highways in said town of 
Dorchester, as shall, from time to time, be fixed by vote of 
the selectmen of said town of Dorchester, and assented to 
by said corporation in writing, so as to connect with the connectiou. 
Dorchester Avenue Railroad at Glover's Corner or Field's 
Corner, so called, at such points as may be agreed on in 
writing by said two railroad companies, and assented to by 
the selectmen of said last named town : provided, that all ProTisos. 
tracks of said Quincy Railroad shall be laid at such distances 
from the sidewalks in said towns as the selectmen of said 
towns shall, in their orders fixing the route of said railroad, 
respectively, determine to be for the public safety and con- 
venience : provided, further, that before the location and 
construction of any track in any of said streets or highways, 
the selectmen of said towns, respectively, shall give notice 
to the abutters thereon, fourteen days at least before the 
hearing, that they may show cause, if any there be, why said 
tracks shall not be so located and constructed. 

Section 2. The location of said railroad over said Nepon- Location over 
set Bridge, and the manner in which the same shall be built, -'^p«°^«t Bridge. 
and the construction of a draw or draws in said bridge, and 
the mode in which the same shall be tended, managed and 
opened, for the passage of vessels and the maintenance of 
that portion of said bridge on which said railroad is located 
4 



road. 



how adjusted. 



368 1861.— Chapter 48. 

and runs, shall be subject to the approval of the county com- 
missioners of the county of Norfolk, while the said bridge 
continues to be a county road. 
Connection with SECTION 3. The Said Quincy Railroad Company shall 

Dorchester Ave- i - . , 

nue^ or other havc the right at the points of connection with the said 
Dorcliester Avenue Horse Railroad, to enter upon and travel 
over with their cars and vehicles, the tracks of the said Dor- 
chester Avenue Railroad, and any other railroad now con- 
necting therewith in the city of Boston, upon terms to be 
agreed on in writing, by the respective companies interested; 

Disagreement, and iu casc of disao;reement as to the mode of connection, 
or the manner, time or extent of use of said railways, 
respectively, or the compensation to be paid therefor, the 
same shall be adjusted and determined by three commission- 
ers, to be appointed by the supreme judicial court upon 
petition of either of the parties interested ; and tlie compen- 
sation of all commissioners appointed by said court, shall be 
paid by the parties in interest in equal shares. 

City and town au- SECTION 4. Nothing iu this act shall be construed to 

thonties, rishts ^ t n i t • ■ ■ ■ i • n 

of not impaired, prcvcut the lawiul authorities m said towns or city irom 
taking up any of the streets or highways traversed by said 
railroad or its cars, for the purposes for which they may now 
lawfully take up the same. 
Motive power, SECTION 5, Said railroad shall be operated by horse- 
track.' '""^ "^^ °^ power only, and the selectmen of the said towns and the 
mayor and aldermen of said city, may at all times make 
such regulations as to the rate of speed and mode of use of 
the tracks laid or used by said Quincy Railroad within their 
respective highways and streets, as they may deem best for 
the public safety and convenience ; and they shall also 
respectively have the power at any time after the expiration 
of one year from the opening of said railway for use, upon 
any street or highway on which the same may be located 
under this act, to order tliat the whole or any part thereof 
shall lie discontinued, and thereupon, as to such part, the 
location shall be deemed to be revoked ; and the tracks of 
said railway shall thereupon forthwith be removed, in con- 
formity with such order, at the expense of said Quincy 
Railroad Company. 
austate. ^^'''°'" Section 6. Said Quincy Railroad Company is hereby 
authorized to purchase and hold such real and personal 
estate within said towns and city, as may be needful or con- 
Katesof fare, veniciit for the purposes of its railroad ; and also to fix from 
time to time such rates of compensation for transportation 
of persons or property, as they think expedient ; and shall 



1861.— Chapter 48. 369 

be subject to all general laws which have been or may here- 
after be enacted relating to horse railroads. 

Section 7. Said Quincy Railroad Company shall main- Repairs of wgh- 
tain and keep in repair such portion of tlie streets and '^''^^''''" 
highways in said towns, and of said Neponset Bridge, and 
of any other bridge, as sliall be used for its tracks, and shall 
not incumber any other portion thereof; and shall be liable Liable for injury 
for any loss or injury that may be sustained by reason of any '"""''^^sec ,etc. 
carelessness, neglect or misconduct of its agents or servants 
in the construction, management or use of said railway, 
streets and bridges ; and in case any recovery shall be had Liability to 
against either of said towns or said city, or against any cor- case" of recovery" 
poration, by reason of such carelessness, neglect or miscon- 
duct, said Quincy Railroad Company shall be liable to pay 
to said towns and city and corporation, respectively, the 
amount so recovered, and all reasonable costs of defending 
the suits in which such recovery may be had : provided, 
that said Quincy Railroad Company have due notice from 
said towns or city or other corporation, of the pendency of 
such suits, and due opportunity to take upon themselves the 
defence thereof, whicli they are hereby empowered to do. 

Section 8. Any person who shall wilfully obstruct said penalty for ob- 
company in the use of the tracks hereby authorized, or the or'hSh'vfays'''''''' 
passing of the cars thereon, or shall aid and abet therein, 
shall be punished by fine not exceeding five hundred dollars, 
or imprisonment in the common jail not exceeding three 
months. If said Quincy Railroad Company or any of its 
agents or servants wilfully obstruct any street or highway, 
or the passing of carriages thereon, said company shall be 
punished by fine not exceeding five hundred dollars. 

Section 9. The towns of Quincy and of Dorchester may Right to pur- 
at any time during the continuance of this charter, and &cTby tow'ifs'of 
after the expiration of ten years from the opening for use ^i,"Xr ^""^ ^°''" 
of said railroad, purchase of said company all its franchise, 
rights and property, by paying to said company therefor 
such a sum of money as will reimburse to each person who 
may then be a stockholder therein, the par value of his stock, 
together with a net profit of ten per cent, per annum from 
the time of the issue or transfer of the stock to him, deduct- 
ing the dividends received by such stockholder thereon. 

Section 10. The capital stock of said Quincy Railroad capital. 
Company shall not exceed one hundred thousand dollars, to 
be divided into shares of one hundred dollars each, and no Par value of 
shares shall be issued for a less amount to be actually paid 
in on each, than the par value of the shares which shall be 
first issued. 



a70. 



1861.— Chapter 49. 



How authenti- 
cated. 



Annual returns. 



E.^Huiption. 



Right to sel 
franchise, &c. 



Acceptance of 
charter. 



Section 11. Said Quincy Railroad is hereby authorized 
and empowered to issue bonds, in sums not less than one 
hundred dollars each, for the pnrpose of constructing and 
equipping their road, the amount thereof not to exceed the 
capital stock paid in, and to be approved, certified, recorded 
and secured, in the same way as the Cambridge Horse 
Railroad bonds heretofore authorized by law. 

Section 12. Said Quincy Railroad shall be deemed a 
railroad corporation so far as to make the annual returns to 
the legislature which are or may be required to be made by 
law, but shall not be subject to the other provisions of law 
relative to railroad corporations except as provided in section 
six. 

Section 13. The Quincy Railroad Company is hereby 
empowered to lease or sell its franchise, rights and property, 
to the said Dorchester Horse Railroad Company, or to any 
other connecting horse railroad company, and in case of 
such sale the purchasing company shall be entitled to all 
the rights and privileges, and to be subject to all the lia- 
bilities of said Quincy Railroad Company in virtue of this 
charter. 

Section 14. This act shall be void unless said charter 
shall be accepted by said Quincy Railroad Company, and 
said road located within one year from the date of the passage 
hereof. 

Section 15. This act shall take effect upon its passage. 

Approved February 15, 1861. 



Chap. 49. 



A'olunteer com- 
pacies to be re- 
tained in service. 

Organization of 
companies. 



Liability. 



Additional com- 
panies to be dis- 
banded in certain 
cases. 



An Act in relation to the volunteer militia. 
Be it enacted, Si'c, as follows: 

Section 1. The volunteer militia companies, as now 
organized, with their officers, shall be retained in the ser- 
vice ; and, hereafter, as the public exigency may require, 
the organization of companies of artillery may be author- 
ized, on petition, by the commander-in-chief, with advice of 
the council, and the organization of other companies may 
be authorized, on petition, by the commander-in-chief, or 
by the mayor and aldermen or selectmen, by his permis- 
sion ; and said companies so retained and so organized shall 
be liable on a requisition of the president of the United 
States upon the commander-in-chief, to be marched without 
the limits of the Commonwealth : but all additional compa- 
nies, battalions, and regiments, which may be organized 
under the provisions of this act, shall be disbanded, when- 
ever the governor, or the legislature shall deem that their 
services are no longer needed. Companies of cavalry shall 



1861.— Chapters 50, 51. 371 

be limited to one hundred privates and a saddler and a far- ^"ibe^j^rdifier- 
rier ; companies of artillery to forty-eight cannoneers, twenty- eut compauies. 
four drivers and a saddler and a farrier ; the cadet companies 
of the first and second divisions, to one hundred, and com- 
panies of infantry and riflemen to sixty-four privates. 

Section 2. The fourteentli section of the thirteenth Repealing sec- 
cliapter of the General Statutes, and all laws or parts of 
laws now in force, limiting tlie number of the volunteer 
militia, are hereby repealed. 

Section 3. This act shall take effect upon its passage. 

Approved February 15, 1861. 

An Act to incorporate the peabody manufacturing company. QJiap. 50. 
Be it enacted, ^c, as follows : 

Section 1. Elijah W. Upton, Henry Poor, and Francis corporators. 
Dane, their associates and successors, are hereby made a 
corporation by the name of the Peabody Manufacturing Title. 
Company, for the purpose of manufacturing cotton goods, in purpose. 
the town of South Danvers, in the county of Essex, and for Location, 
this purpose shall have all the powers and privileges, and l)e Privileges and re- 
subject to all the duties, restrictions and liabilities, set forth ^^*™''°"^- 
in the sixtieth and sixty-eighth chapters of the General 
Statutes, and all subsequent acts relating to manufacturing 
corporations. 

Section 2. The capital stock of said corporation shall capital. 
be four hundred thousand dollars, and they may hold real Reai estate. 
estate to the amount of three hundred thousand dollars. 

Section 8, The par value of the capital stock of said shares. 
corporation shall be one hundred dollars per share, and no 
shares in said capital stock shall be issued for a less sum or 
amount than the par value. 

Section 4. This act shall take effect from its passage. 

Approved February 15, 1861. 

An Act to authorize the dorchester and milton branch Chap. 5 1 . 
railroad company to extend its railroad. 

Be it enacted, Sfc, asfolloros : 

Section 1. The Dorchester and Milton Branch Railroad union with Mid- 

_, . i-i. .T-i •^ ^ V ii land Railroad au- 

Company is authorized to extend its railroad irom the thorized. 
present terminus at Mattapan, to some convenient point of 
intersection with the Midland Railroad in Dorchester, and 
to connect and unite said Branch Railroad with said Mid- 
land Railroad, as aforesaid, and use the same ; with all tlie 
benefits, and subject to all the duties and liabilities set forth 
in the acts relating to railroad corporations and connecting pj^^t. „f igj,j,g ^^ 
ro^tds,; with the right, on the part of said corporation, to conveyance. 



372 



1861— Chapters 52, 53, 54. 



Time of location 
tion and comple- 
tion fixed. 



Chap. 52. 



convey or lease its road, property and franchise to said 
Midland Railroad Company. 

Section 2. If tlie location of said extension be not filed 
within two years from the passage of this act, or said exten- 
sion be not completed within three years, this act shall be 
void. Approved February 15, 1861. 



An 



Act establishing the boundary line between the towns 
of brewster and orleans. 
Be it enacted^ ^c, as follows : 
Boundary line The line betwccn the towns of Brewster and Orleans, 
deened and Inn- j^Q^^ggj^ ^Ijq points named, shall hereafter be established as 
follows, to wit : commencing at a stone monument standing 
on the westerly side of a county road, near the dwelling- 
house of Josiah Linnell, of Orleans, on the line between 
said towns, and marked " B. 0." ; thence southerly by the 
westerly line of said road, one hundred and nine rods ; 
thence crossing said road at right angles, to the easterly line 
of said road ; thence southerly, by the easterly line of said 
road, two hundred rods and six links ; thence south forty- 
two and one-half degrees east, seven rods and seven links, 
to a stone monument marked " B. 0.," standing in the 
present line between said towns. 

Approved February 20, 1861. 



Chap. 53. 



Application of 
proceeds. 



Chap. 54. 



Limit of extent. 



An Act authorizing the first independent church in grove- 
land TO sell real estate. 
Be it enacted^ Sec., as follows : 

Section 1. The trustees for the time being of the First 
Independent Church in Groveland, are hereby authorized to 
sell their meeting-house and land, and the treasurer of said 
trustees for the time being is authorized to execute a deed 
for the conveyance thereof. 

Section 2. The proceeds of such sale shall be applied, 
first, to the payment of the debts of the proprietors, and the 
remainder to the pew-owners, in accordance with the 
appraisal made by the trustees after the house was altered. 

Approved February 20, 1861. 

An Act to authorize sylvanus n. staples and william h. 

phillips to build a wharf in taunton. 
Be it enacted, ^'c, as follows : 

Sylvanus N. Staples and William H. Phillips, proprietors 
of land and flats situated in that part of Taunton known as 
Weir Village, and on the eastern side of Taunton River, 
extending from Plain Street to the land of Mrs. Sybil Paull, 
are hereby authorized to build and maintain thereon a wharf. 



1861.— Chapters 55, 56. 373 

extending not exceeding three feet beyond the ordinary 
low-water mark in said river, and shall have the right to lay Rights, privi- 
vessels at the end and sides of said wharf, and receive ''^^^' 
wharfage and dockage therefor : provided, however, this Proviso. 
grant shall in no wise impair the legal rights of any person. 

Approved February 20, 1861. 



An Act to reduce the capital stock and the number of the 
directors of the national insurance company of boston. 



Chap. 55 

Be it enacted, §'c., as foUozvs : 

Section 1. The National Insurance Company of Boston Amount of de- 
is hereby authorized to reduce its capital stock from five '^"'^'"'°- 
hundred thousand dollars to three hundred thousand dollars, 
and to divide the excess among the stockholders thereof 
proportionally. 

Section 2. Said National Insurance Company is hereby Number of di- 
authorized to reduce the number of its directors from twenty- 
five, to such number, not less than five, as shall be fixed 
upon at a legal meeting of the stockholders thereof. 

Section 3. Said National Insurance Company may avail Rights and re- 
itself of, and is subject to all general laws of the Common- 
wealth relating to insurance corporations, so far as applicable 
to said company. 

Section 4. This act shall take effect when said company when to takeef- 
shall not be liable on any one risk, for a sum exceeding one- 
tenth part of the capital existing and surplus, after deduct- 
ing all losses, claims, liabilities and debts due from thg 
company. Approved February 20, 1861. 

An Act to incorporate the abington gas light company. pr rn 
Be it enacted, &^c., as follows: ^' 

Section 1. George W. Chipman, Joseph French, and corporators. 
Charles G. Easterbrook, their associates and successors, are ^.^^^ 
hereby made a corporation by the name of the Abington 
Gas Light Company, for the purpose of manufacturing and ^^^ ^^^ 
selling gas, in the town of Abington ; with all the powers and 
privileges, and subject to all the duties, restrictions and lia- Powers, duties, 
bilities, set forth in the sixty-eighth chapter of the General 
Statutes. 

Section 2. Said corporation may for the purpose afore- Real estate. 
said, hold real estate not exceeding in value fifty thousand capital stock. 
dollars ; and the whole capital stock shall not exceed two Par value of 
hundred thousand dollars, in shares of one hundred dollars 
each. 

Section 3. Said corporation, with the consent of the Right to lay and 

„ p«i- 1111 J repair pipes. 

selectmen oi the town oi Abington, shall have power ana 



374 



1861.— Chapters 57, 58. 



Obligation to 
keep highways in 
repair. 



Penalty. 



ProTiso. 



Chap. 61. 



Chap. 58. 



Lease confirmed. 



Powers con- 
ferred. 



Bond required. 



authority to open the ground, in any part of the streets, 
lanes and highways in 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- 
ration, after opening the ground in such streets, lanes or 
highways, shall be held to put the same again in repair, 
under the penalty of being prosecuted for a nuisance : pro- 
vided, that the said selectmen, for the time being, shall at 
all times have power to regulate, restrict and control all 
acts and doings of the said corporation, which may in any 
manner affect the health, safety, convenience or property of 
the inhabitants of said town. Approved February 21, 1801. 

An Act authorizing the agricultural branch railroad com- 
pany TO CHANGE THE LOCATION OF ITS ROAD. 
Be it enacted, Sfc, as follows : 

Authority is hereby granted to the Agricultural Branch 
Railroad Company, to change the location of its road in or 
near the town of Clinton. Approved Februanj 21, 1861. 

An Act to confirm a lease made pursuant to the provisions 

OF chapter one hundred and THREE OF THE RESOLVES OF THE 
YEAR EIGHTEEN HUNDRED AND FIFTY-NINE. 

Be it enacted, §t., as follows : 

Section 1. The lease made by the land agent, witli the 
approval of the governor and council, to George Odiorne, 
dated December fourth, in the year eighteen hundred and 
sixty, giving a right of way not exceeding five rods wide, 
for a period of five years, across the flats and channels lying 
between the commissioners' line at the easterly shore of 
Wood Island, so called, at East Boston, and the town of 
Winthrop, is hereby confirmed to said Odiorne, his repre- 
sentatives and assigns, with all the powers, and subject to all 
the conditions and provisions in this act contained. 

Section 2. Said Odiorne, his representatives and assigns, 
are authorized to build, maintain and use, during said term 
of five years, upon the strip of flats comprised in said lease, 
a temporary open pile bi-idge, with a suitable and convenient 
draw for the passage of vessels, which draw shall be always 
opened, on demand, for the passage of vessels wliich cannot 
pass under said bridge ; said bridge to be so built and used, 
for the purpose of transporting gravel from Winthrop to 
East Boston, for the filling up of flats at said East Boston, 
the property of the East Boston Company, and for no other 
use or purpose whatever. 

Section 8. Said bridge shall not be built until a good and 
sufficient bond, in the sum of five thousand dollars, with 



1861.— Chapters 59, 60. 375 

sureties to be approved by the governor and council, and in 

form approved by the attorney-general, shall be filed in the 

office of the attorney-general, conditioned that at or before conditions. 

the expiration of said terra of five years, said bridge shall 

be removed, and the piles thereof taken up, so that the same 

shall in no manner interfere with navigation over said flats 

and channel. And in case said bridge shall not be so Proyiso. 

removed, it shall be lawful for any person injured thereby, 

to remove the same, and to recover by an action upon said 

bond, in the name of the Commonwealth, all expenses 

incurred in such removal. 

Section 4. Nothino; herein contained shall be so con- use of bridge de- 

fined 

strued, as to authorize said bridge to be used for the construc- 
tion of a horse railroad, or for the transportation of passengers 
thereon. Approved March 1, 1861. 

An Act to authorize the south parish in braintree to sell QJiqv)^ 59^ 
real estate, and to apply the avails thereof. ^* 

Be it enacted, ^c, as follows : 

Section 1. Leave is hereby granted so far as the Com- Powers granted. 
monwealth is concerned, to the South Parish in Braintree, 
to sell in fee simple the real estate heretofore devised to said 
parish by John R. Hollis, late of said Braintree, deceased, 
and to apply the proceeds of said sale, together with certain Application of 
personal property with the accumulations thereof, also given proceeds. 
to them by said Hollis, in his last will and testament, to the 
rebuilding of their church edifice. 

Section 2. This act shall take effect upon its passage. 

Approved March 1, 1861. 

An Act to incorporate the channing home, in boston. Chan 60 

Be it enacted, Sfc, as follows : 

Section 1. Charles P. Curtis, Jr., Theodore Metcalf, and corporators. 
J. Nelson Borland, their associates and successors, are 
hereby made a corporation, by the name of the Clianning xitie. 
Home, in Boston, for the purpose of providing an asylum for purpose. 
poor invalids, with all the powers and privileges, and subject Privileges and 
to all the duties, liabilities and restrictions, set forth in the 
sixty-eighth cliapter of tiie General Statutes. 

Section 2. Tlie said corporation may hold, for the pur- J;^*^, ^"tate^®'" 
pose aforesaid, real estate to the amount of fifty thousand 
dollars, and personal estate to the amount of fifty thousand 
dollars. 

Section 3. This act shall take effect upon its passage. 

Approved March 1, 1861. 



376 



1861.— Chapters 61, 62. 



Chat) 61 -^^ ^^^ ^^ INCORPORATE THE MECriANICS' SAVINGS BANK, IN LOWELL. 

Be il enacted, Sj-c, as follows: 

William A. Burke, Samuel Fay, Andrew Moody, Benjamin 
C. Sai-geant, Isaac Cooper, Alfred Oilman, John W. vSmith, 
with tiieir associates and successors, are herehy made a corpo- 
ration, by tlie name of the Mechanics' Savings Bank in Lowell, 
to be established and located in the city of Lowell, with all 
tlie powers and privileges, and subject to all the duties, 
liabilities and restrictions, set forth in the fifty-seventh chap- 
ter of the General Statutes, and in all other laws of this 



Corporators. 



Title. 

Location. 

Powers, duties, 
&c. 



Commonwealth relating to institutions for savings. 



Approved March 1, 1861. 



Cho2). 62. 

Corporators. 



Powers, duties, 
&c. 



Limits of tract 
authorized to 
hold. 



Power to sell, &c. 



Streets and im- 
provements. 



Proviso. 



Capital. 
Shares. 

Duration. 



An Act to incorporate the east Cambridge land company. 

Be it enacted, Sfc., as follows : 

Section 1. James C. Dunn, Estes Howe, Henry Potter, 
Joseph H. Converse, and Edmund Miinroe, their associates 
and successors, are hereby made a corporation, by the name 
of the East Cambridge Land Company, with all the powers 
and privileges, and subject to the duties, liabilities and 
restrictions, set forth in the sixtieth and sixty-eighth chap- 
ters of the General Statutes, with power to purchase and 
hold, in fee simple or otherwise, all or any part of that tract 
of land and flats situated in Cambridge, and bounded 
westerly by Portland Street, southerly by Hampshire Street 
and Broadway, easterly by the commissioners' line on 
Charles River, and northerly by Bridge and Cambridge 
Streets ; with all the privileges and appurtenances thereto 
belonging. 

Section 2. Said corporation shall have power to sell and 
convey, lease, mortgage or otherwise dispose of said corpo- 
rate property or any part thereof, and to manage and improve 
the same, with authority to construct dams, docks, wharves 
and buildings, and to lay out streets and passage-ways and 
otherwise improve the same, as it shall be deemed expedi- 
ent: provided, that nothing herein contained shall give said 
corporation any right not belonging to the riparian proprie- 
tors, to extend their wharves or otherwise improve said 
premises. 

Section 3. The capital stock of said corporation shall 
not exceed three hundred thousand dollars, and shall be 
divided into shares of one hundred dollars each. 

Section 4. This act shall be in force for a term of 
twenty years, unless sooner repealed by the legislature. 

Approved March \, 1861. 



1861.— Chapter 63. 377 

An Act to incorporate the salem and south danvers rail- Qhayy AQ 

ROAD company. ^" 

Be it enacted, Sfc, as folloios : 

Section 1. William Sutton, Georg:e Osborne, Sidney C. corporators. 
Bancroft, Henry L. Williams, and Benjamin C. Perkins, 
their associates and successors, are hereby made a corpora- 
tion, by the name of the Salem and South Danvers Railroad Name. 
Company ; with power to construct, maintain and use a Pon-ers. 
railroad, with convenient single or double tracks, from such Location, 
point or points in the town of South Danvers as shall be 
fixed by the selectmen of the said town, with the assent in 
writing of said corporation, filed with said selectmen, and 
upon and over such of the streets and highways of said town 
as shall be from time 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 city of Salem; and then upon 
and over such of the streets and highways of the city of 
Salem as shall be from time to time fixed and determined 
by the mayor and aldermen of, said city, with the assent in 
writing of said corporation filed with the city clerk of said 
city, and also over and upon such other land in said town or 
city as said corporation may elect to build their road or 
roads upon and over. Said railroad track or tracks shall be Tracks, how laid. 
laid at such distance from the sidewalks in said town or 
city as the selectmen of said town and the mayor and alder- 
men of said city 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 Notice to abut- 
tracks of said railroad in any street or highway, as aforesaid, 
in said town of South Danvers or said city of Salem, the 
selectmen of said town or mayor and aldermen of said city, 
respectively, shall give notice to the abutters thereon, by 
publication in such newspapers as said selectmen or mayor 
and aldermen 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 tliere 
appear, and show cause, if any there be, why said track or 
tracks should not be so located and constructed. 

Section 3. Said railroad shall be constructed and main- construction and 

^ • ^ r 1 1 1 J maintenance of 

tamed in such lorm and manner, and upon such grade, as road. 
the selectmen of said town and mayor and aldermen of said 
city, respectively, shall, by their votes, fixing and deter- 



378 1861.— Chapter 63. 

mining the routes thereof, as aforesaid, prescribe and direct ; 
Alteration of and wliencver, in the judgment of said corporation, it shall 
grade of street, j^^ necessarj to alter the grade of any street so occupied by 
it, the sole expense of said alteration shall be paid by said 
corporation ; and such alteration shall not be made unless 
the assent of the selectmen of the town or of the mayor 
and aldermen of the city within which it is proposed to be 
made, shall first be obtained. 
Mode of use and SECTION 4. Said tracks or road shall be operated and 
rate of speed. yy^Q^ ^j^]^ horsc-powcr Only ; and the selectmen of said town 
and mayor and aldermen of said city, shall have power at 
all times to make all such regulations as to the rate of speed, 
and mode of use of the tracks, as the public convenience 
and safety may require, within the limits of their respective 
corporations. 
Capital. Section 5. The capital stock of said corporation shall 

not exceed fifty thousand dollars, to be divided into shares 
of one hundred dollars each. 
May hold real SECTION 6. Said corporatiou shall have power to purchase 
estate. ^^^^ j^^j^ g^^^j-^ ^^^^ cstatc withiu said town of South Danvers 

and city of Salem, or either of them, as may be convenient 
or necessary for the purposes and management of said rail- 
road. 
Existing corpo- SECTION 7. Nothing in this act shall be construed to 
prevent the selectmen of said town, or the mayor and alder- 
men of said city, or the Salem and Danvers Aqueduct 
Company, or the Salem Gas Light Company, 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. 
Corporation to SECTION 8. Said corporatiou shall keep and maintain in 
ways!and bl^na- repair such portions of the streets and bridges, respectively, 
from^mismana'e- ^^ ^^'^^^ ^^ occupicd by tlicir tracks, or injured thereby, and 
ment. shall be liable for all loss or injury that any person may 

sustain by reason of any carelessness, neglect, or miscon- 
duct of its agents or servants, in the management, construc- 
Liabiiity for re- tiou or usc of Said tracks, roads or bridges ; and in case any 
cu^oTtown"'^^' recovery shall be had against said town or city, by reason of 
any defect or want of repairs in the streets or bridges, 
caused by the corporation or its servants, said corporation 
shall be liable to pay said town or city, 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 



rate rights. 



1861.— Chapter 63. 379 

any portion of the streets or bridges not occupied by said use of highway. 
road or tracks. 

Section 9. If any person shall wilfully and maliciously Penalty for ob- 
obstruct said corporation or their agents in the use of said ^ati'o'n''"^ ''°'^'^°' 
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 punislied by a fine not 
exceeding five hundred dollars, or may be imprisoned in the 
common iail for a period not exceedins; three months. And obstruction by 

./..I . . iii'ipii corporation, pen- 

II said corporation or its agents or servants shall wiliully aityfor. 
and maliciously obstruct any highway, or passing of any 
carriage over tiie 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 and 
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 shall have all powers and privi- Powers and du- 
leges, and be subject to all the duties, liabilities and rcstric- '*^^' ^^°*"^* ' 
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 Track may be 

f. ^, . ^•' o l^ ^ \ £> • 1 -1 1- discontinued by 

irom tlie opening tor use oi the tracks oi said railroad in municipality m 
any street or road in which the same shall be located, as °°*'y®^''- 
provided by its charter, the selectmen of said town, or 
mayor and aldermen of said city, 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 there- Removal to be at 
upon the location shall be deemed to be revoked, and the peMe!*^ '"''^ ^'^ 
tracks of said railroad shall forthwith be taken up and 
removed in conformity with such vote or order of said 
selectmen or mayor and aldermen ; and such taking up and 
removal shall be at the expense of said railroad corporation. 

Section 12. The town of South Danvers and city of ff'^"* ^'"'^ ^"""^^ 

P, , • 1 (. 1 • 1 • 1 Danvers may 

Salem, or either oi them, may, at any time during the con- purchase fran- 
tinuance of the charter of said corporation, and after the Ln^years.' 
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 conditions. 
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 



380 



1861. — Chapter 64. 



by said stockholder thereon ; said town or city 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 propor- 
tionate sum, on the basis above mentioned, to be ascertained 
and fixed by commissioners to be appointed by the supreme 
judicial court. 
Character and SECTION 13. Said corporatiou shall be deemed a railroad 
porauon^ °*^ ^°^" corporation, so far as to be subject to all existing provisions 
of law for the taking of land, and the assessment and pay- 
ment 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 
prescribed, 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 said town or city unless 
the same shall be accepted by the selectmen of said town 
and mayor and aldermen of said city, respectively, and by 
said corporation, and unless said railroad shall be con- 
structed within one year from the passage of this act. 

Section 15. This act shall take effect upon its passage. 

Approved March 1, 1861. 



Acceptance of 
act. 



Chap. 64. 



Corporators. 



PriTile^es and 
restrictions. 



Examination for 
membership. 



An Act to incorporate the Massachusetts eclectic medical 

SOCIETY. 

Be it enacted, Sfc, as follows: 

Section 1. William E. Underwood, Joseph Jackson, 
Seth C. Ames, C. Edward Miles, F. H. Kelley, W. C. 
George, H. W. Buxton, R. W. Geddes, Job T. Dickins, 
H. S.^ Dearborn, Paul W. Allen, W. Edwin Wright, E. E. 
Spencer, their associates and successors, physicians, are 
hereby made a corporation by the name of the Massachusetts 
Eclectic Medical Society, 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. 

Section 2. Said corporation may liold real and personal 
estate to the amount of fifty thousand dollars. 

Section 3. The members of said society, or such of 
their officers or members as they sliall appoint, shall have 
full power and authority to examine all candidates for mem- 
bersliip, concerning the practice of medicine and surgery, 
and if, upon such examination, the said candidates shall be 
found qualified for membership, they shall receive the appro- 
bation of the society. 

Sect. 4. This act shall take effect upon its passage. 

Approved March 2, 1861. 



1861.~Chapter 65. 381 

An Act to incorporate the Northampton and shelbttrne falls Qfid/n^ 55. 

RAILROAD COMPANY. ^ * 

Be it enacted, Sfc, an follows: 

Section 1. Lewis Bodman, A. D, Saunders, D. G. Little- corporators. 
field, Charles N. Yeamans, Luther Bodman, Jr., Joel Hayden, 
Ebenezer (x. Lamson, Samuel L. Hill, their associates and 
successors, are hereby made a corporation by the name of Name. 
the Northampton and Shelburne Falls Railroad Company, 
with all the powers and privileges, and subject to all the Privileges and 
duties, liabilities and restrictions, set forth in the sixty-third 
chapter of the General Statutes, and in all other general 
laws which have been or shall be hereafter passed relative 
to railroad corporations. 

Section 2. Said company are empowered to locate, con- Location, 
struct and maintain a railroad, with one or more tracks, 
from a point in the town of Northampton, by the most con- 
venient route, through the towns of Williamsburg, Whately, 
Conway, and Buckland, to the village of Shelburne Falls. 

Section 3. Said company may contract with the stock- ^^^^^^r ^^c^on- 
holders of any roads with which it may connect, for the lease, &c. 
merging of the stock of said roads, or for the running and 
operating of said roads conjointly, or for the leasing of said 
roads, or for the hiring of their own road, upon such terms 
as the directors of said roads may agree, with the assent of 
the votes of three-fourths of the stockholders of said respec- 
tive roads, voting thereon at a meeting called for that purpose. 

Section 4. Said corporation may enter upon and unite May unite with 
their railroad with the Hampshire and Hampden Railroad n^mpfiea^ aud 
by proper turnouts and switches at some convenient point in Gree„fi^i7 com*^- 
Northampton, at or near the engine-house of the said road, panies. 
The said Northampton and Shelburne Falls Railroad Company 
may also enter upon and unite their railroad with the Troy 
and Greenfield Railroad by proper turnouts and switches at 
some convenient point in the village of Shelburne Falls, and 
may use the same under the provisions and restrictions of 
the laws relating to the use of railroads in this Commonwealth. 

Section 5. Said company are authorized to construct construction. 
their road by sections ; the first section to extend from the 
said point in Northampton to a point in Williamsburg ; the 
second section to extend from the point in Williamsburg to 
a point in Conway; the third section to extend from the point 
in Conway to the northern terminus in Shelburne Falls. 

Section 6. The capital stock of said road shall consist capital stock. 
of four thousand and eight hundred shares of one hundred 
dollars each, and the company may purchase and hold such Real estate. 



382 



1861. — Chapter 66. 



Conditions of 
construction — 
first section. 



Second section. 



Third section. 



Limitation for 
filing location. 



Chap. 66. 

Corporators. 



Privileges and 
restrictions. 



real and personal estate as may be necessary for the purposes 
of its incorporation. 

Section 7. Said company may commence the construc- 
tion of tlie first section when one thousand two hundred 
shares of said capital stock shall have been subscribed for 
by responsible parties, and twenty per centum paid on each 
of said one tbousand two hundred shares, and a certificate 
thereof, subscribed and sworn to by the president and a 
majority of the directors, shall be filed in the office of the 
secretary of the Commonwealth, 

Section 8. Said company may commence the second 
section whenever an additional one thousand seven hundred 
shares of said stock shall have been subscribed for by respon- 
sible parties, and twenty per centum paid thereon, and a 
certificate- thereof filed as aforesaid. 

Section 9. Said company may commence the third sec- 
tion whenever an additional one thousand nine hundred 
shares of said stock shall have been subscribed for by respon- 
sible parties, and twenty per centum paid thereon, and a 
certificate thereof filed as aforesaid. 

Section 10. If the location of any section of said road 
shall not be filed within two years, and any section shall 
not be constructed within five years, tlie company shall not 
thereafter be authorized to complete such section or sections. 

Approved March 5, 1861. 

An Act to incorporate the boston penny savings bank. 
Be it enacted, §'c., as follows : 

Amos B. Merrill, Edward A. Raymond, Pliny Nickerson, 
Alden Speare, Moses Kimball, Albert J. Wright, R. K. 
Potter, Zibeon Southard, John P. Robinson, George H. 
Davis, Job A. Turner, Joseph F. Paul, Jesse Holbrook, A. 
A. Ranney, C. A. Richards, Judah Sears, Hiram Emery, 
Benjamin Smith, Charles G. Greene, Francis J. Parker, 
William Brigham, Stephen Smith, William Fox Richardson, 
George Eaton, Joseph T. Bailey, their associates and succes- 
sors, are hereby made a corporation by the name of the 
Boston Penny Savings Bank, to be located at such place in 
Boston, near Dover Street, as such corporation determines ; 
with all the powers and privileges, and subject to all the 
duties, liabilities and restrictions, set forth in the fifty- 
seventh chapter of the General Statutes, and all other laws 
of the Commonwealth relating to savings banks. 

Approved March 9, 1861. 



1861.— Chapters 67, 68. 

An Act to provide for the inspection of straw. Chan. 67. 

Be it enacted, §^c., as follows : 

Section 1. The forty -ninth chapter of the General statutes to ap- 
Statutes is hereby so far amended, that all the provisions 
relating to the inspection, weighing, branding, and sale of 
pressed or bundled hay, shall also apply to pressed or bun- 
dled straw. 

Section 2. This act shall take effect upon its passage. 

Approved March 9, 1861. 



ply. 



Chap. 68. 



An Act to incorporate the natick gas light company. 
Be it enacted, Sfc, as follows : 

Section 1. John B. Walcott, G. P. Fay, Leonard Winch, corporators. 
their associates and successors, are hereby made a corpora- 
tion, by the name of the Natick Gas Light Company, for the Name. 
purpose of manufacturing and selling gas in the town of 
Natick, with the powers and privileges, and subject to all Privileges and re- 
the duties, restrictions and liabilities, set forth in the sixtieth 
and sixty-eighth chapters of the General Statutes, and in 
all other acts passed subsequent thereto, relating to manu- 
facturing corporations. 

Section 2. Said corporation may, for all the purposes Real estate. 
aforesaid, hold real estate not exceeding in value twenty-five 
thousand dollars, and the whole capital stock shall not capital, 
exceed fifty thousand dollars. 

Section 3. Said corporation may, with the consent of the rower to open 
selectmen of the town of Natick, dig up and open the ground ^ 
in any of the highways, town ways, streets or lanes of said 
town, so far as is necessary to accomplish the objects of the 
corporation ; but such consent shall not affect the right or 
remedy to recover damages, for any injury which shall be 
caused to persons or property, by the doings of said corpo- 
ration. Said corporation shall put all such highways, town shaii repair 
ways, streets or lanes, so opened, into as good repair as they ^^^^- 
were in when opened by them, and upon failure to do 
so, within a reasonable time, shall be deemed guilty of a 
nuisance. 

Section 4. The selectmen of the town of Natick may rowers of seiect- 
regulate, restrict and control, all the acts and doings of said 
corporation, which may in any manner affect the health, 
safety, convenience or property of the inhabitants of said 
town. 

Section 5. This act shall take effect upon its passage. 

Approved March 9, 1861. 



384 



1861.— Chapters 69, 70, 71, 72. 



Chap. 69. 



Additional pow- 
ers granted. 



An Act in addition to an act to incorporate the great pas- 
ture COMPANY IN THE CITY OF SALEM. 

Be it enacted, i^c, as follows: 

Section 1. The Great Pasture Company in the city of 
Salem, is liereby empowered to purchase and hold in addi- 
tion to the lands now held by said company, and for the 
same uses and purposes for which it now holds its lands, a 
parcel of land containing about twenty acres, which is 
bounded as follows, namely : north-westerly by lands of 
said company, north-easterly by lands of Stearns, south- 
easterly by the Mill Pond, so called, and south-westerly by 
lands of Derby and others. 

Section 2. This act shall take effect upon its passage. 

Approved March 9, 1861. 
An Act to incorporate the fall river mutual fire insurance 

COMPANY. 

Be it enacted, Sfc, as follows: 

Guilford II. Hathaway, Benjamin F. Winslow, Baylies 
Chace, their associates and successors, are hereby made a 
corporation by the name of the Fall River Mutual Fire 
Insurance Company, to be established in the city of Fall 
River, for tiie purposes of effecting mutual insurance upon 
dwelling-houses, other buildings and personal property, 
against loss or damage by fire ; with all the powers and 
privileges, and subject to all the duties, liabilities and 
restrictions, set forth in the fifty-eighth chapter of the 
General Statutes, and to all other laws applicable to mutual 
fire insurance companies. Approved March 9, 1861. 

An Act authorizing the towns of shelburne and buckland 

to make an appropriation FOR military purposes. 
Be it enacted, §'c., as follows : 
May appropriate The towus of Shelbumc and Buckland, in the county of 
*^°°' Franklin, are hereby authorized to appropriate, each, a sum 

not exceeding five hundred dollars, for the purpose of pur- 
chasing suitable uniforms for the use of the members of 
Company H, of the tenth regiment of the Massachusetts 
Provided. Voluntcer Militia : provided, however, that the towns afore- 

said at a public town meeting legally held for that purpose, 
and two-thirds of the voters being present and voting thereon, 
shall vote to make such appropriation. 

Approved March 15, 1861. 



Chap. 70. 

Corporators. 
Name. 

Purposes. 



Privileges and re- 
strictions. 



Chap. 71. 



Chap. 72. 



Application of 
statutes. 



An Act concerning banks and banking. 
Be it enacted, ^c, as follows: 

Sections third, fourth and fifth, of chapter two hundred 
and nine, of the acts of the year eighteen hundred and 



1861.— Chapters 73, 74. 385 

sixty, shall not apply to banks or banking companies organ- 
ized under the general banking laws of this Commonwealth, 
but the bank bills of all such corporations shall continue to 
be furnished by the auditor of accounts, according to the 
provisions of chapter fifly-seven of the General Statutes. 

Approved March 15, 1861. 

An Act in addition to an act to incorporate the howard Chap. 73. 

FIRE INSURANCE COMPANY. 

Be it enacted, ^'c, an follows : 

The Howard Fire Insurance Company in the city of f ^fj^^^f^yf^. 
Lowell, county of Middlesex, is hereby authorized to have tabushed. 
its principal office in the city of Boston, and its corporate 
name shall hereafter be the Howard Fire Insurance Company. 

Approved March 15, 1861. 

An Act to incorporate the little sipwissett cranberry and QJiap. 74. 

IISHING company IN THE TOWN OF FALMOUTH. 

Be it enacted, Sfc, as follows: 

Section 1. Barnabus Bowerman, Silas Gilford, and corporators. 
Prince G. Moore, their associates and successors, are hereby 
made a corporation, by the name of the Little Sipwissett ^ame. 
Cranberry and Fishing Company, for the purpose of improv- Purpose, 
ing and regulating the Little Sipwissett Meadow, in the 
town of Falmouth, by flowing and draining said meadow as 
the company shall deem best for the culture of cranberries, 
and also for the purpose of regulating and protecting the 
alewive fishery in a pond in said meadow, and in the river 
leading from said pond to Buzzard's Bay. 

Section 2. Said company shall have all the powers and l^^^^^l^"^^^^' 
privileges, and be subject to all the duties, restrictions and 
liabilities, set forth in the sixty-eighth chapter of the General 
Statutes. 

Section 3. Whoever shall obstruct the passage of ale- fr!nSenrupo°n 
wives between said pond and bay, in either direction, or rights of corpo- 
without the permission of said corporation shall take any''^'°°' 
alewives from said pond or river, or shall set, drag or shoot 
any seine in Buzzard's Bay, within fifty rods of the mouth 
of said river, for the purpose of taking alewives therefrom, 
shall forfeit a sum not exceeding twenty dollars, which shall 
inure to the benefit of the company. 

Section 4. This act shall take effect upon its passage. 

Approved March 15, 1861. 



386 



1861.— Chapters 75, 76, 77. 



Proviso. 



Routes of navi- 
gation defined. 



Chap. 75. ^^ ^^^ ^*^ AUTHORIZE THE FAIRHAVEN INSTITUTION FOR SAVINGS 
^ ' ' TO HOLD REAL ESTATE. 

Be it enacted, §'c., as follows : 
May hold $10,000 SECTION 1. The Institution for Savings in the town of 
Fail-haven, in Bristol County, is hereby authorized to hold 
real estate within the town of Fairhaven, to the amount of 
ten thousand dollars : provided, that all income, if any, 
arising from such real estate, shall be devoted exclusively 
to the interests of said corporation. 

Section 2. This act shall take effect upon its passage. 

Approved March 15, 1861. 

Chap. 76. An Act to amend the charter of the boston and southern 

STEAMSHIP COMPANY. 

Be it enacted, ^"c, as follows: 

The steamships owned or chartered by the Boston and 
Southern Steamship Company, may be employed and navi- 
gate the ocean between any of the ports of the United States, 
excepting Philadelphia and Baltimore, or between any of 
the ports of the United States, and any port or ports of the 
Island of Cuba, or of Mexico, or of Central America, or of 
any of the colonial dependencies of Great Britain : provided, 
that if under this charter the steamers, or cither of them, 
of the Boston and Southern Steamship Company, shall be 
employed between Boston and New Orleans, they shall be 
withdrawn from New Orleans, whenever in the judgment of 
the directors of the Union Steamship Company, the inter- 
ests of said Union Steamship Company are prejudiced 
thereby ; in such case, it shall be the duty of the directors 
of the Union Steamship Company, to request in writing, 
the directors of the Boston and Southern Steamship Com- 
pany, to discontinue their steamers in said service, within 
thirty days from the date of said request. 

Approved March 15, 1861. 



Proviso. 



Chap. 77. 



Corporators. 



Name. 



An Act to incorporate the franklin savings bank of boston 

Be it enacted, §'c., as follows : 

Section 1. Osmyn Brewster, John H. Thorndike, L. 
Miles Standish, Daniel Davies, Henry N. Hooper, Frederick 
H. Stimpson, John Cowdin, Frederic W. Lincoln, Jr., 
Nathaniel J. Bradlee, Uriel Crocker, Franklin Darracott, 
Charles U. Cotting, Francis C. Manning, Otis Norcross, 
Calvin W. Clark, James H. Beal, Jacob Sleeper, Alexander 
S. Wheeler, Benjamin C. Clark, Jr., Alexander H. Rice, 
their associates and successors, are hereby made a corpora- 
tion, by the name of the Franklin Savings Bank of the city 



1861.— Chapters 78, 79, 80. 387 

of Boston, and located in said city, east of Washington 
Street, between Summer and Essex Streets, with all the Privileges and re- 
powers and privileges, and subject to all the duties, liabili- «'™"°°s- 
ties and restrictions, set forth in the fifty-seventh chapter of 
the General Statutes, and all other laws of this Common- 
wealth relating to institutions for savings. 

Section 2. This act shall take effect upon its passage. 

Approved March 15, 1861. 

An Act increasing the expenditures and coiwPEif^sATiON of the QJidn 7g 

AGENT FOR DISCHARGED CONVICTS. -^ ' 

Be it enacted^ Sfc, as follows. • 

Section 1. Section sixty-six, chapter one hundred sev- Expenditures. 
enty-nine, of the General Statutes, is hereby so amended 
that the expenditures therein specified may be increased to 
an amount not exceeding one thousand dollars in any one 
year. 

Section 2. The annual compensation of the agent for Agent's salary. 
discharged convicts shall be eight hundred dollars, com- 
mencing January first, in the year eigiiteen hundred and 
sixty-one. Approved March 18, 1861. 

An Act concerning the eastern avenue corporation. Chap. 79. 

Be it enacted, Sfc, as follows : 

Section 1. The provisions of chapter twenty-one, of the provisions of Act 
acts of the year one thousand eight hundred and sixty, of iseo extended. 
authorizing the Eastern Avenue Company to change their 
location, arc hereby extended to January first, in the year 
eighteen hundred and sixty-two. 

Section 2. So much of said avenue as shall be built construction of 
within the commissioners' line, established May twenty-fifth, ^^®""®- 
in the year one thousand eight hundred and fifty-three, for 
solid structure, may, with the consent of the mayor and 
aldermen of the city of Boston, be built solid ; and said 
city of Boston is hereby authorized to grant aid to said cor- 
poration, in such manner, and upon such conditions, as the 
said city may deem expedient : provided., said avenue shall Proviso, 
be constructed with suitable draw or draws, and proper 
sluiceways, which draw or draws it shall be in the power of 
the legislature to change and widen, at the expense of the 
corporation, or their successors. 

Section 3. This act shall take effect upon its passage. 

Approved March 20, 1861. 



An Act to authorize the fairhaven branch railroad company 
to convey its franchise and property. 



Chap, so 

Be it enacted, Sfc, as follows : 

Section 1. The Fairhaven Branch Railroad Company, conveyance au- 
for the benefit of the creditors thereof, is authorized to '''°"^"''^- 



388 1861.— Chapter 81. 

transfer by deed, its franchise, with all its property, privi- 
leges and duties ; and all attachments, if any, upon said 
franchise or property, shall be thereby dissolved. 
Authority to pur- SECTION 2. Any railroad corporation now incorporated 
upon other rail- iu tliis Commonwealth, is liereby authorized to purchase the 
ti°o^ns. '^°'^^°'^'^' same, at public or private sale, and receive a transfer thereof; 
and if such transfer shall be made to any such railroad cor- 
poration, then from and after the delivery of the deed of 
transfer, the present corporation shall cease, and the railroad 
corporation receiving such grant, shall not be required to 
hold separate meetings as the Fairhaven Branch Raih'oad 
Company, but shall do all acts relating to its new duties and 
rights, at its own regular or special meetings, or by its own 
directors ; and all expenses incident to the management of 
the subject of such transfer, and all profits arising there- 
from, shall be borne by and accrue to such railroad corpora- 
tion. But said grantee shall not be liable for the debts of 
said Fairhaven Branch Railroad Company. 
Conditions of SECTION 3. If such transfer shall be made to any other 

transfer to indl- , . n -i i i 

Tiduais. persons than to such incorporated railroad company, then 

such persons and their associates shall organize anew, under 
the charter of said Fairhaven Branch Railroad Company ; 
and until such organization, shall not enjoy the rights and 
privileges of said charter. But such newly organized cor- 
poration shall not be liable for the debts of the former 
corporation. 

Proceeds of trans- Sectjon 4. The proceeds of said franchise and property 

priated."^ ''^^'^°" shall, upou the transfer of the same, be forthwith appro- 
priated by the directors of the company making said trans- 
fer, to the payment, pro rata, of its debts and liabilities, and 
any balance that may remain, over said de!)ts and liabilities, 
shall be divided, pro rata, among the stockholders. 

Directors may SECTION 5. Said Fairliaveu Branch Railroad Company is 

mortgage fran- ii-i^.r>- i- ,ii i n ^ '' . 

chise. autliorized, (it its directors shall so elect,) to mortgage its 

franchise, property and privileges, which mortgage shall be 
to trustees, to secure bonds to be issued in accordance with 
the sixty-third chapter of the General Statutes. 

Section 6. This act shall take effect upon its passage. 

Approved March 21, 1861. 

Chap. 81. -^^ -^^'^ CONCERNING THE WALTHAM AND WATERTOWN RAILROAD 
■^ COMPANY. 

Be it enacted, Sfc, as follows: 

fhL^ftJ''^'" Section 1. The Waltham and Watertown Railroad Com- 
pany are hereby authorized to sell their railroad, its franchise 
and all its property, to the Cambridge Railroad Company, 



1861.— Chapters 82, 83. 389 

or any other company with which it may connect ; and they 
may enter upon and use the tracks of said Cambridge Rail- 
road, and of any other road with which they may so con- 
nect ; and in case said parties cannot agree upon the terms Terms, how de- 
upon which tliey shall enter upon and use such connecting 
road, the same shall be decided by three commissioners, to 
be appointed by the supreme judicial court. 

Section 2. If the said Waltham and Watertown Rail- consolidation 
road Company shall sell their railroad property and fran- company'decrefd 
chise to the Cambridge Railroad Company, said corporations »icase ofsaieto. 
shall therefrom become one corporation, under the name of 
the Cambridge Railroad Company ; and all the powers and 
privileges now enjoyed by, and all the restrictions, liabilities 
and obligations, imposed upon said two corporations, by 
virtue of their respective cbarters, shall appertain to said 
united corporation, in the same manner as if the same had 
been contained in, or acquired under the original charter of 
the Cambridge Railroad Company. 

Section 8. The said Waltham and Watertown Railroad Rates of fare and 
Company are liereby authorized, and shall have power to fix '■'*"^p°'" '^ '°"- 
such rates of compensation for transporting persons and 
property as they may think expedient: provided^ Iwivever^ ProTiso. 
that fares in the several towns of Waltliam and Watertown, 
shall not exceed five cents for each passenger. 

Section 4. This act shall take effect upon its passage. 

Approved March 21, 1861. 

An Act in relation to the Worcester agricultural society. (JJkjy) S2 
Be it enacted, ^c, as follows: 

Section 1. The Worcester Agricultural Society shall Annual exwbi- 
hereafter commence its annual exhibitions oii the last Thurs- *'°"' 
day but one in September. 

Section 2. This act shall take effect upon its passage. 

Approved March 21, 1861. 

An Act to establish the boundary line between hingham and r^t^^ qq 

ABINGTON. .,, Uiap.bS. 

Be it enacted, §"c., as follows : 

The boundary line between the towns of Hingham and Boundary de- 
Abington shall be established as follows, to wit : beginning *°'''^" 
at a stone monument marked " A. H.," standing on the 
westerly side of, and near Accord Pond, being a known and 
anciently reputed bound between said towns, and in the 
Patent or Old Colony Line ; thence with said Patent Line, 
south seventy-three degrees and eighteen minutes west, 
about five hundred and fifty-four rods, to a stone monument 
at the south-east coruer of Weymouth, marked " W. A." 

Approved March 21, 1861. 



390 



1861.— Chapters 84, 85, 86, 87. 



Chap. 84. 



Selectmen to 
erect engraved 
monuments. 



Chap. 85. 



Office abolished. 



Back Bay com- 
missioners in- 
Tested with pow- 
ers, and title 
changed. 



An Act relating to monuments on town lines. 
Be it enacted, Sfc, as follows: 

It shall be the duty of the selectmen of the several towns 
in this Commonwealth to cause a stone monument, with the 
initials of the name of the towns engraved thereon, to be 
placed on town lines wherever a highway crosses said lines, 
the expense of which shall be paid equally by the adjoining 
towns. Approved March 21, 1861. 

An Act to abolish the office of land agent. 
Be it enacted, Sfc, as follows : 

Section 1. The land office, established for the manage- 
ment and sale of lands, flats and shores belonging to the 
Commonwealth, is hereby abolished. 

Section 2. The commissioners on the Back Bay shall 
hereafter be known as the commissioners on Public Lands ; 
and in addition to their powers and duties as commissioners 
on the Back Bay, shall hereafter have and exercise all the 
powers now by law conferred vipon, and perform all the 
duties now by law required of, the land agent. 

Section 3. All acts and parts of acts inconsistent with 
this act, are hereby repealed. 

Section 4. This act shall take effect upon the first day 
of April, in the year eighteen hundred and sixty-one. 

Approved March 21, 1861. 



Chap. 86. 



Boundary 
fined. 



Chap. 87. 



Certain salaries 
payable monthly. 



An Act to establish the boundary line between abington 

and randolph. 
Be it enacted, ^"c, as follows: 

The boundary line between the towns of Abington and 
Randolph, shall be established as follows, to wit: beginning 
at a stone monument marked "A. W." standing at the 
south-west corner of Weymouth, and in the Patent or Old 
Colony Line ; thence with said line, south, seventy-three 
degrees eighteen minutes west, about three hundred and 
eighty-nine rods, to a stake, standing two hundred and 
eighty-six feet north, one and one-half degrees east, fi-om a 
stone monument marked " A. N, B," standing as the reputed 
north-east corner of North Bridge water. 

Approved March 21, 1861. 

An Act in relation to the payment of salaries. 

Be it enacted, ^"c, as follows : 

Section 1. The salaries heretofore payable quarter-yearly, 
of all persons employed in the several departments which 



1861.— Chapters 88, 89. 391 

have offices in the state house, shall be payable monthly, on 
the first day of each month. 

8ECTI0N 2. This act shall take effect upon its passage. 

Approved March 21, 1861. 

An Act concerning the boston society of natural history. QJiau 88 
Be it enacted, Sfc, as follows. • 

Section 1. Tlie Boston Society of Natural History shall May iwid reai^ 
have power to hold real and personal estate, the clear annual purposes. 
income whereof shall not exceed the sum of ten thousand 
dollars, nor be applied to any other purposes than the 
encouragement and promotion of the science of natural 
history. 

Section 2. This act shall take effect upon its passage. 

Approved March 21, 1861. 

An Act to incorporate the.winthrop railroad company. Chan 89 

Be it enacted, §'c., as folloios : 

Section 1. Charles L. Bartlett, John Belcher, Richard corporators. 
Shackford, George Odiorne, and Josiah W. Hubbard, their 
associates and successors, are hereby made a corporation 
under the name of the Winthrop Railroad Company, witli Name. 
power to construct, maintain and use, a railway or railways powers. 
witli convenient single or double tracks, commencing in that Location. 
part of the city of Boston called East Boston, at such point 
or points of intersection with the Suffolk Railroad, as shall 
be fixed and determined by the board of aldermen of said 
city, and assented to in writing by this corporation ; thence 
upon and over such streets or highways in said East Boston 
and Breed's Island, so called, as may be fixed and deter- 
mined by said board of aldermen, and assented to in writing 
by this corporation, to the dividing line between said city 
and Winthrop ; thence from said dividing line upon and 
over such streets or highways in said Winthrop, to such 
point or points therein as the selectmen of said town may 
fix and determine, and as may be assented to in writing by 
tliis corporation. 

Section 2. Said railroad shall be operated by this com- Motive-power. 
pany with horse-power only. 

Section 3. Said corporation shall have a right to con- May connect with 

, . ., 1 • 1 1 1 -,- II 11 -1 other roads with 

nect their railroad with the Suffolk or any other horse rail- consent of awer- 
road in said East Boston, at such point or points of inter- 
section as shall be designated by the board of aldermen of 
said city, and assented to in writing by this corporation ; 
but shall have no right to run their cars over said railroads 
or use them in any manner, without the assent of such 
7 



men. 



392 



1861.— Chapter 89. 



Motive-power 
over other roads. 



Conditions, how 
determined. 



Construction, 
conditions of. 



Notice to abut- 
ters. 



Gauge, grade, 
&c., liow deter- 
mined. 



corporations, and only on such terms as may be mutually 
agreed upon. The Suffolk Railroad Company, and all other 
railroad companies with which this company may connect, 
shall furnish the motive-power to draw the cars and passen- 
gers of said Winthrop Railroad Company over such portions 
of their respective roads as shall be designated by the board 
of aldermen of said city ; and the terms upon which, and 
the periods of time at which, such cars and passengers shall 
be drawn over said Suffolk Railroad, and other railroads, 
shall be determined in case of disagreement between said 
companies, in the manner provided in the one hundred and 
seventeenth section of the sixty-third chapter of the General 
Statutes regulating the use of connecting railroads : pro- 
vided, however^ that said Suffolk Railroad Company shall 
have the prior right to extend their railroad over so much 
of the aforesaid route as lies within said East Boston, or any 
part thereof, if they shall construct such extension within 
sixty days after said Winthrop Railroad Company shall have 
given notice to said Suffolk Railroad Company of their 
desire to connect with said Suffolk Railroad, and shall have 
completed a reasonable portion of their said road within the 
town of Winthrop. And if said Suffolk Railroad Company 
shall fail to construct such extension within the time herein 
specified, the right to construct the same, or such part 
thereof as said Suffolk Railroad Company shall fail to con- 
struct, as aforesaid, shall vest in said Winthrop Railroad 
Company. 

Section 4. Before proceeding to locate the track or tracks 
in any of the streets or highways in said East Boston, or the 
town of Winthrop, the board of aldermen of said city, and 
the selectmen of said town, shall give notice thereof to the 
abutters on said streets or highways by publication in such 
newspapers as they shall determine, at least fourteen days 
before such meeting, of the time and place at which they 
will fix and determine the location and the manner of con- 
structing said track ; 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. 

Section 5. Said railroad shall be constructed and main- 
tained in such manner and form, and upon such gauge and 
grade as the board of aldermen of said city and the select- 
men of said town shall prescribe and determine ; and when- 
ever said corporation desire to alter the grade of any street 
or highway occupied by it, such alteration shall be made at 
the sole expense of said corporation. 



1861.— Chapter 89. 393 

Section 6. The board of aldermen of said city and the speed. 
selectmen of said town shall regulate the speed and mode 
of use of said railroad, and may at any time order up the Removal of 
tracks, or so much thereof as they shall think proper, at the *'""'^^" 
expense of said corporation. 

Section 7. Said railroad shall keep in repair such por- uepair of streets. 
tions of the streets as shall be occupied by their track, and 
shall be liable for all losses and injury sustained by any Liability for 
person by reason of carelessness, negligence or misconduct ^°^^®^- 
of its agents or servants. 

Section 8. Said corporation is authorized and empow- May transfer 
ered to sell, lease or transfer its franchise, and all its prop- franchise, &c. 
erty, rights and privileges, or any part thereof, to any other 
like corporation, on such terms as may be mutually agreed 
upon between the parties, and make and execute all papers 
and instruments necessary for that purpose ; and the corpo- 
ration receiving the same shall have all the rights, and be 
subject to all the requirements, restrictions and liabilities, 
herein contained; said corporation may, in the same man- May purchase 
uer, purchase and hold the rights and property of any other "s^*^^- 
similar corporation. When a sale or purchase is made, the consolidation of 
capital stock shall become a part of the capital stock of the ^^°''^^- 
purchasing corporation. 

Section 9. The capital stock of said corporation shall capital. 
not exceed the sum of one hundred thousand dollars, to be 
divided into shares of fifty dollars each. 

Section. 10. Said corporation shall have power to pur- Reai estate. 
chase and hold such real estate in the city of Boston and the 
town of Winthrop as may be necessary and convenient for 
the purpose of managing said road. 

Section 11. Nothing in this act shall be construed to Municipal rights. 
prevent said city or town from taking up any of the streets 
traversed by said railroad, for any purpose for which they 
may now lawfully take up the same. 

Section 12. If any person shall wilfully or maliciously penalty for ob- 
disturb said corporation, or its agents, in the use of said l^^^^^n"^ *'°'^^°' 
road or its tracks, or the passing of the cars thereon, such 
persons, and all aiding or abetting therein, shall be punished 
by a fine not exceeding five hundred dollars, or may be 
imprisoned in the county jail for a period not exceeding 
three months. If said corporation, or its agents or servants For obstruction 
shall wilfully or maliciously obstruct any highway or the ^^ corporation, 
passing of any person over the same, said corporation shall 
be punished by a fine not exceeding five hundred dollars. 

Section 13. The aforesaid city and town may at any city and town 
time after the expiration of ten years from the opening of francws". 



394 



1861.— Chapter 90. 



Annual returns, 
&c. 



Conditions of 
force of act. 



Rates of fare and 
freight. 



Privileges and re- 
strictions. 



said road for use, purchase of said corporation all the fran- 
chise, rights and property of said corporation, by paying 
them therefor, a sum equal to the whole amount invested, 
with a net profit of ten per cent, per annum. 

Section 14. Said corporation shall be deemed to be a 
railroad corporation so far as to be subject to such annual 
returns to the legislature as are or may be prescribed by 
law, and all such general provisions of law as are or may 
be prescribed respecting horse railroads. 

Section 15. This act of incorporation shall be void, 
unless accepted by the board of aldermen of said city, and 
the selectmen of said town ; and unless such road is located 
by them within two years from the passage of this act : and 
if the selectmen of said town refuse to accept said charter, 
or locate said road, the same may be accepted and located 
by the legal voters of said town. 

Section 16. Said corporation shall have power to fix 
from time to time, such rates of compensation for transport- 
ing persons and property as they may think expedient ; but 
the rate of passenger fare shall not exceed five cents per 
mile to each passenger ; and shall have all the powers and 
privileges, and be subject to all the duties, lialjilities and 
restrictions, 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 17. This act shall take effect upon its passage. 

Approved March 22, 1861. 



Chap. 90. 



Corporators. 



Location. 



An Act to incorporate the belmont horse railroad company. 

Be it enacted, Sfc, as follows : 

Section 1. Frederic Tudor, Winthrop W. Chenery, J. 
Varnum Fletcher, Samuel 0. Mead, John L. Alexander, 
Edward B. Grant, their associates and successors, are hereby 
made a corporation, by the name of the Belmont Horse 
Railroad Company ; with power to construct, maintain and 
use a railway with convenient single or double tracks, from 
such point or points on Common Street, in the town of Bel- 
mont, as shall be from time to time fixed by the selectmen 
of said town, with the assent, in writing, of said corpora- 
tion, filed with said selectmen ; thence upon and over Com- 
mon Street, to the private way connecting Common Street 
with Concord Turnpike ; thence over said private way, or 
over the land adjoining the same on the south, or over both, 
according as the selectmen of Belmont shall determine, to 
Concord Turnpike ; and provided, that in no case, wliatever 
may be the decision of said selectmen, shall either of the 



1861.— Chapter 90. 395 

rails of said company be laid within twenty feet of the depot 
of the Fitchburg Railroad Company, at Belmont station ; 
thence upon and over Concord Turnpike, to Waterhouse 
Street, in the city of Caml)ridge ; tlience over Waterhouse 
Street to the tracks of the Cambridge Railroad on North 
Avenue. All tracks of said railroad shall be laid at such Tracks, how 
distances from the sidewalks in said town and city as the ''"'^" 
selectmen of said town, and the mayor and aldermen of 
said city shall, respectively, within the limits of their several 
jurisdictions, in their votes fixing the location of said rail- 
road, determine to be for the public safety and convenience. 
Before the location or construction of any track in any Notice to abut- 
street or highway, as aforesaid, the selectmen of said town, ^*''®- 
and the mayor and aldermen of said city, shall give notice 
to the abutters thereon fourteen days at least before the 
location of any such track, by publication in such news- 
papers, respectively, as said selectmen and said mayor and 
aldermen shall determine. Said corporation shall have Rates of fare and 
power to fix, from time to time, such rates of compensation f'^s'^'- 
for transporting persons and property, as they may think 
expedient, and shall have all the powers and privileges, and 
be subject to all the duties, liabilities and restrictions, set 
forth in the sixty-eighth chapter of the General Statutes. 

Section 2. Tiie corporation hereby created, in crossing crossing Fitch- 
all the branches and lateral tracks of the Fitchburg Railroad conaitVcTus™'"^' 
Company, leading from the main line to Fresh Pond and 
Watertown, shall cross in such a manner as not to injure 
any of the said tracks or branches, or the rails thereof, and 
shall insert no frogs therein, and make no incision into the 
rails thereof, but shall cross the same as the Watertown 
branch of the Fitchburg Railroad Company is now crossed, 
in Watertown, by the Waltham and Watertown Railroad 
Company. 

Section 3. The said corporation may enter upon and May connect with 
use the tracks of the Cambridge Railroad Company, in such rm°d^"''°^ ^'''^" 
mode and upon such rates of compensation as may be 
agreed upon ; or, in case of disagreement with said com- 
pany, such mode and rates shall be fixed by three commis- 
sioners, to be appointed by the supreme judicial court. The May lease to 
said corporation may lease their railroad to said Cambridge paJ^^"*^^** *^°™' 
Railroad Company, or to any other party, or hire the said 
Cambridge Railroad, or any part thereof, upon such terms 
and conditions as may be mutually agreed upon. 

Section 4. Said Belmont Railroad Corporation shall not Motive-power on 
be allowed to use their motive-power upon the tracks of the ^"™''"'^se road. 
Cambridge Railroad Company without the consent of said 



396 



1861.— Chapter 90. 



Rates of fare and 
passage of cars, 
how determined 
in case of disa- 
greement. 



Motive-power 
and rate of speed. 



Repairs of high- 
ways. 



Liability. 



Obstructing pun- 
ishable. 



corporation ; but said Cambridge Railroad Corporation shall, 
at reasonable times, and for a reasonable compensation, 
draw over the said tracks the passengers and cars of said 
Belmont Railroad Company ; and if said corporations cannot 
agree upon the stated periods at which the cars shall be so 
drawn and the compensation to be paid, the supreme judicial 
court shall, upon the application of either party, appoint 
three commissioners, who, after due notice to, and hearing 
the parties interested, shall determine such rate of compen- 
sation, and fix such periods having reference to the con- 
venience and interest of the corporations and the public to 
be accommodated thereby ; and the award of the commis- 
sioners, or a major part of them, shall be binding upon the 
respective corporations interested therein, until the same 
shall have been revised, or altered by commissioners so 
appointed ; but no such revision or alteration shall be made 
within one year after the award. 

Section 5. Said tracks or roads shall be operated and 
used by said corporation with horse-power only. The select- 
men of said town of Belmont and the mayor and aldermen 
of the city of Cambridge 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 6. 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 said town of Belmont or said city of 
Cambridge, by reason of such defect or want of repair, said 
corporation shall be liable to pay to said town of Belmont 
or said city of Cambridge, respectively, or either of them, 
any sums thus recovered against them, together with all 
costs and reasonable expenditures incurred by them respec- 
tively, in the 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 highways not occupied by said 
road or tracks. 

Section 7. If any person shall wilfully and maliciously 
obstruct said corporation in the use of said road or tracks, 
or the passing of the cars or carriages of said corporation 
thereon, such person, and all who shall be aiding or abetting 
therein, shall be punished by a fine not exceeding five hun- 



1861.— Chapter 90. 397 

dred dollars, or by imprisonment in the common jail for a 
period not exceeding three months. 

Section 8. If said corporation, or its agents or servants, eo'^orauo^^^ 
shall wilfully and maliciously obstruct any highways, or the punished. 
passing of any carriages over the same, such corporation 
shall be punished by a fine not exceeding five hundred 
dollars. 

Section 9. The capital stock of said corporation shall ^''p"*' 
not exceed fifty thousand dollars, to be divided into shares ^^^""^^ 
of one hundred dollars each. 

Section 10. Said corporation shall have power to pur- Reai estate. 
chase and hold such real estate, within said town of Belmont 
or said city of Cambridge, as may be convenient or neces- 
sary for the purposes and management of said road. 

Section 11. The said road shall be constructed and construction and 

- 11 maintenance of 

maintained in such lorm and manner, and upon sucn graae, road, municipai- 

as the selectmen of said town of Belmont, and the mayor i'^es to direct. 

and aldermen of said Cambridge, 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 Proviso. 

shall be assented to by the selectmen of Belmont, or the 

mayor and aldermen of the city of Cambridge, respectively. 

Section 12. Nothing in this act shall be construed to control of iiigh- 
prevent the selectmen of said town, or the mayor and alder- pailty.'^ mumci- 
men of said city, respectively, from entering 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 13. At any time after the expiration of one Discontinuance 
year from the opening for use of the tracks of said railroad, town*^ y^yor 
in any street or road in which the same shall be located, as 
provided by its charter, the selectmen of Belmont, and the 
mayor and aldermen of the city of Cambridge, respectively, 
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 railroad 
shall forthwith be taken up and removed, in conformity 
with the order of said selectmen of Belmont or mayor and 
aldermen of the city of Cambridge, respectively ; and such 
taking up and removal shall be at the expense of said 
railroad corporation. 



398 



1861.— Chapter 91. 



Belmont and 
Cambridge may 
purchase road, 
after ten years. 



Section 14, The town of Belmont and the city of Cam- 
bridge, or either of them, may, at any time during the con- 
tinuance 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 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 corporation, deducting the dividends received 
by said stockholder thereon ; said town and said city having 
the right to purchase only that part of the corporate prop- 
erty which relates to and lies within the limits of their own 
jurisdictions, respectively, and paying therefor a proportion- 
ate sum, on the basis above mentioned, to be ascertained 
and fixed by commissioners, to be appointed by the supreme 
judicial court. 

Section 15. This act shall be void, so far as relates to 
tion^'of rord!™"" the right to construct said road, in either said Belmont or 
said city of Cambridge, unless the same shall be accepted 
by the selectmen of said Belmont and the mayor and alder- 
men of said city of Cambridge, respectively; and unless the 
same shall be accepted by said corporation, and also unless 
said road shall be constructed within two years from the 
passage of this act. 

Section 16. Said corporation shall be subject to all gen- 
eral provisions of law, that are or may be prescribed, relative 
to horse or street railroads ; and 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 provisions 
of law for the assessment and payment of damages for the 
land outside of the streets and highways, taken by them for 
their tracks. 

Section 17. This act shall take effect upon its passage. 

Approved March 25, 1861. 



Acceptance of 



Annual returns. 



Land damages. 



Chap.dX. 



Return of writ. 



Issues, how 
framed. 



Ax Act concerning habeas corpus and personal liberty. 
Be it enacted, §'c., as follows : 

Section 1. The writ of habeas corpus shall in all cases, 
except those mentioned in tlie thirtieth and thirty-second 
sections of the one hundred and forty-fourth chapter of the 
General Statutes, be returnable before the supreme judicial 
court, or some justice thereof, in term time or vacation. 

Section 2. When any trial shall be had upon a writ of 
habeas corpus, under the nineteenth section of the one 



1861.— Chapter 92. 399 

hundred and forty-fourth chapter of the General Statutes, 
issues shall be framed under the direction of the court, and 
the rules of evidence, procedure and decision, shall be those 
of the common law. 

Section 3. Nothino; contained in the statutes of the construction of 
Commonwealth shall be construed to authorize the taking defined. 
of any person by writ of habeas corpus out of the custody 
of the United States marshal, or his deputy, holding him by 
legal and sufficient process, issued by any court or magistrate 
of competent jurisdiction : provided^ hoivever, that this shall Proviso, 
not affect the authority of the supreme judicial court, or its 
justices, in accordance with the provisions of the constitution 
of the United States, and of this Commonwealth, to investi- 
gate and determine upon the validity and legal effect of any 
process which may be relied on to defeat the writ, or any 
other matter properly arising. 

Section 4. Nothing contained in the sixty-second section intent of party 
of the one hundred and forty-fourth chapter of the General miue^^'Von.^t'ruc- 
Statutes shall be construed to authorize the punishment of *'°"°f ■''***"*« 
any person, who, without any false pretence or unlawful 
intent, claims another person as a fugitive from service or 
labor. 

Section 5. Nothing contained in the one hundred and no construction 
forty-fourth chapter of the General Statutes shall lie con- vent proper officer 
strued to prohibit or limit the right of any officer, court or If^^^"^ °^^ ™'"" 
magistrate to call out the militia for the prevention or sup- 
pression of any riot, tumult or mob, as provided in the 
thirteenth and one hundred and sixty-fourth chapters of the 
General Statutes ; or to excuse the ofiicers or members of 
the volunteer militia from obeying any such lawful order, 
or to render them liable to any penalty for executing the 
same : provided, that the militia shall never be used to Proviso. 
hinder the service of any lawful process of this Common- 
wealth. Approved March 25, 1861. 

An Act to incorporate the mercantile savings institution in QJi^y) 92. 

THE CITY OF BOSTON. ^ ' 

Be it enacted, §'c., as folloivs : 

Section 1. Richard Holmes, Daniel Farrar, and John corporators. 
A. Nowell, their associates and successors, are hereby incor- 
porated under the name of the Mercantile Savings Institu- Titie. 
tion, to be located in the city of Boston, with all the powers powers and du- 
and privileges, and subject to all the provisions of the fifty- '"''' 
seventh chapter of the General Statutes, so far as the same 
are applicable to the objects of said institution, and to all 
laws in addition thereto. Said institution shall not be a 



400 1861.— Chapter 92. 

bank of issue or discount, and shall not receive deposits in 

any other manner than is provided in said chapter in relation 

to savings banks. 

^^^P'*^^'- Section 2. Said institution may have a capital stock of 

Shares. thrcc luuidred thousand dollars, to be divided into shares of 

one hundred dollars each, to be paid in, in silver or gold 

coin, or in the bills of solvent banks of this Commonwealth, 

Proviso. except as is hereinafter provided ; but said corporation shall 

not be organized under this charter, until one hundred and 

fifty thousand dollars of said capital shall have been paid in. 

Transfer of pro- SECTION 3. lu the Organization of this institution, it 

rized. ° *" ° shall bc lawful for the securities and property held by Avery 

P. Ellis, Charles L. Shaw, and Frederick H. Henshaw, as 

trustees of the Mercantile Banking and Savings Association, 

commisfioners SO Called, to be transferred to the said corporation : and 

to exrn^ne°secu'^ thcrc shall bc appoiutcd by the governor, with the advice 

rities, &c., aud of tlic couucll, thrcc disinterested, discreet persons, who 

report to govern- ,i, -, , n • i ■ • 

or. shall proceed, at the expense ot said corporation, to examine 

said securities, and the books and accounts of said trustees, 
and carefully to determine the value of the same, and make 
a report of their doings to the governor, certifying the cash 
value of said securities and property so transferred, and the 
amount of capital stock which may be safely issued therefor. 

Governor to ap- and the pcrsoiis to whom the same ought to be issued ; and 

prove report. ^j^g saiuc beiiig by the governor approved, said corporation 
may be allowed to issue certificates of stock in accordance 

Issue of stock, therewith. After such issue of stock, no stock shall be 
issued except as is provided in the second section of this act. 

Investments. SECTION 4. Tlic Capital of Said institution, and the 

deposits therein, shall be invested as is provided for the 
investments of the deposits of savings banks. 

Loans. SECTION 5. Whenever said institution shall have funds 

to loan, applications therefor in sums as small as one hun- 
dred dollars, with satisfactory security, shall not be refused. 

Applications for SECTION 6. Applicatioiis for loans witii satisfactory secur- 
ity, shall be granted in the order in which they are severally 
made, except that applications for loans of one thousand 
dollars or less, shall have precedence of applications for 
larger sums. 

Books for appii- SECTION 7. Books shall bc kept iu wliich all applications 
for loans shall be entered with the securities offered, which 
shall be open at all times to the inspection of applicants, 
and of the stockholders and the bank commissioners. 

Two per cent, of SECTION 8. Two pcr ccut. pcr auiium, on the sum in 

b^reserver ™^^ ^^^^^ ^^^^ loaucd, may be reserved upon all loans of two 
thousand dollars or less than that sum, for the benefit of ihe 



loans. 



cations. 



1861.— Chapter 93. 401 

institution ; but the borrowers of any such sums shall be 
entitled, at any time before the expiration of the term for 
which tlie loan may have been granted, to repay the sum 
so borrowed, and to receive the proportional part of the 
premium so retained. 

Section 9. All sums of money of five dollars or more, interest on sums 
deposited in said institution, shall draw interest, except for douTrs'"^five plr 
fractional parts of a month, while they remain on deposit, '""^^■ 
at a rate of not less than five per cent, per annum. 

Section 10. Dividends upon the deposits shall be declared Dividends, 
every six montlis ; and any excess of income or profit accru- 
ing to the institution, after alTording to the stockholders an 
average annual dividend of ten per cent., shall once in every 
five years, in just proportion, be divided among the deposi- 
tors who shall have been such for the six months imme- 
diately preceding the time when such dividend shall be 
declared. 

Section 11. Nothing herein contained shall be held or construction of 
deemed to authorize any bank in this Commonwealth to '^'^ ' 
take a greater rate of interest than six per cent, per annum. 

Section 12. The capital stock of said institution shall Transfer of 
be transferable only at the office and in the books thereof. 

Section 13. This institution shall pay to the Common- Tax. 
wealth a semi-annual tax of one-half of one per cent, upon 
its capital stock, according to the provisions of sections 
eighty-nine and ninety of the fifty-seventh chapter of the 
General Statutes. 

Approved March 25, 1861. 

An Act making appropriations for Tip: maintenance of the Qh^y) Q^ 

GOVERNMENT DURING THE CURRENT YEAR. ' ' 

Be it enacted, Sj-c, as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropriations 
priated, and shall be allowed and paid out of the treasury 
of the Commonwealth, from the ordinary revenue, upon the 
warrants of the governor, for the purposes specified, to meet 
the current expenses of the year ending on the thirty-first 
day of December, one thousand eight hundred and sixty- 
one, that is to say : 

For the salary of the chief iustice of the superior court, chief justice su- 

1 1T1111 perior court. 

three thousand seven hundred dollars. 

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 cierk s. j. court. 
for the Commonwealth, three thousand dollars. 



402 



1861.— Chapter 93. 



Expenses. 



Judges of probate 
and insolvency. 
Suffolk. 



Norfolk. 

Bristol. 

Plymouth. 

Berkshire. 

Hampden. 

Barnstable. 

Hampshire. 

Franklin. 

Nantucket. 

Dukes. 



Registers and as- 
sistants. 

Suffolk. 



Middlesex. 



Worcester. 



Essex. 



For the salary of the assistant-clerk of said court, fifteen 
hundred dollars. 

For expenses of said court, two thousand five hundred 
dollars. 

For the salary of the judge of probate and insolvency for 
the county of Suffolk, three thousand dollars. 

For the salary of the judge of probate and insolvency for 
the county of Middlesex, two thousand dollars. 

For the salary of the judge of probate and insolvency for 
the county of Worcester, eighteen hundred dollars. 

For the salary of the judge of probate and insolvency for 
the county of Essex, fifteen hundred dollars. 

For the salary of the judge of probate and insolvency for 
the county of Norfolk, fourteen hundred dollars. 

For the salary of the judge of probate and insolvency for 
the county of Bristol, eleven hundred dollars. 

For the salary of the judge of probate and insolvency for 
the county of Plymouth, one thousand dollars. 

For the salary of the judge of probate and insolvency for 
the county of Berkshire, eight hundred dollars. 

For the salary of the judge of probate and insolvency for 
the county of Hampden, eight hundred dollars. 

For the salary of the judge of probate and insolvency for 
the county of Barnstable, seven hundred dollars. 

For the salary of tlie judge of probate and insolvency for 
the county of Hampshire, six hundred and fifty dollars. 

For the salary of the judge of probate and insolvency for 
the county of Franklin, six hundred dollars. 

For the salary of the judge of probate and insolvency for 
the county of Nantu<^et, three hundred dollars. 

For the salary of the judge of probate and insolvency for 
the county of Dukes County, two hundred and fifty-dollars. 

For the salary of the register of probate and insolvency 
for the county of Suffolk, tliree 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. 



1861.— Chapter 93. 403 

For the salary of tlie assistant-register for the county of 
Essex, eight hundred dollars. 

For the salary of the register of probate and insolvency Norfolk. 
for the county of Norfolk, one thousand dollars. 

For tlie salary of the assistant-register for the county of 
Norfolk, six hundred dollars. 

For the salary of the register of probate and insolvency Bristol. 
for the county of Bristol, thirteen hundred dollars. 

For the salary of the register of probate and insolvency Plymouth. 
for the county of Plymouth, one thousand dollars. 

For the salary of the register of probate and insolvency ii.ampden. 
for the county of Hampden, eight hundred dollars. 

For the salary of the register of probate and insolvency Berkshire. 
for the county of Berkshire, eight hundred dollars. 

For the salary of the register of probate and insolvency Hampshire. 
for the county of Hampshire, seven hundred and fifty dol- 
lars. 

For the salary of the register of probate and insolvency FrankUn. 
for the county of Franklin, seven hundred dollars. 

For the salary of the register of probate and insolvency Bamstawe. 
for the county of Barnstable, seven hundred dollars. 

For the salary of the register of probate and insolvency Nantucket. 
for the county of Nantucket, three hundred dollars. 

For the salary of the register of probate and insolvency oukes. 
for the county of Dukes County, three hundred and fifty 
dollars. 

For certain expenses of the courts of insolvency, authorized fo^u^^t^^ofj^go^f 
by chapter one hundred and eighteen of General Statutes, or vency, and pro- 
similar accounts for the courts of probate and insolvency, a vency'!" 
sum not exceeding three thousand dollars. 

For the salary of the attorney-general, two thousand five Attomey-generai 
hundred dollars. 

For clerk hire in the office of the attorney-general, a sum cierk hire. 
not exceeding one thousand dollars. 

For incidental expenses in the office of the attorney-gene- incidentals. 
ral, a sum not exceeding one hundred dollars. 

For fees, costs, court expenses, and other like charges Fees, costs, &c. 
of the attorney-general, in accordance with the provisions 
of the fourteenth chapter of General Statutes, a sum not 
exceeding three hundred dollars. 

For the salary of the attorney for the county of Suffolk, District-att'ys. 

./ ' 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 Eastern. 
district, one thousand two hundred dollars. 



404 



1861.— Chapter 93. 



Justices of police 
courts. 



District-att'ys. 
Southern. 



South-eastern. 



North-western. 



Reporter of decis- 
ions S. J. court. 



Secretary of the 
Commonwealth. 



First clerk. 



Second clerk. 



Messenger. 



Additional 
clerks. 



Publication of 
bank returns, 
weekly and 
monthly. 



Incidental — sec- 
retary's office. 



Treasurer and 
receiver-general. 



First clerk. 



Second clerk. 



Incidental — 
treasurer's office. 



For the salary of the district-attorney for the northern 
district, one thousand two hundred dollars. 

For the salaries of the justices of police courts, thirty 
thousand and nine hundred dollars. 

For the salaries of the clerks of police courts, exclusive 
of clerks elected under cliapter one hundred and sixteen, 
section four, of the General Statutes, fourteen thousand four 
hundred dollars. 

For the salary of the district-attorney for the southern 
district, one thousand two hundred dollars. 

For the salary of the district-attorney for the middle dis- 
trict, one thousand two hundi'ed dollars. 

For the salary of the district-attorney for the south-east- 
ern district, one thousand two hundred dollars. 

For the salary of the district-attorney for the western 
district, one thousand two hundred dollars. 

For the salary of the district-attorney for the north-west- 
ern district, eight hundred and ninety dollars. 

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

For the salary of the secretary of the Commonwealth, two 
thousand dollars. 

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

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

For the salary of the messenger in the secretary's office, 
eight hundred dollars. 

For such additional clerical assistance as the secretary 
may find necessary for the performance of the duties of the 
office, a sura not exceeding fourteen thousand dollars. 

For the payment for the weekly and monthly publication 
of bank returns, in accordance with the fifty-seventh chap- 
ter of General Statutes, a sum not exceeding five hundred 
dollars. 

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

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

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

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

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



1861.— Chapter 93. 405 

For the salary of the auditor of accounts, two thousand Au-iitor of ac- 
dollars. 

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

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

For compensation of the persons appointed under author- countersigning 

r^ .'I 11, L i- bank notes. 

ity of chapter fifty-seven of General statutes, 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 addi- 
tion to his salary, three hundred dollars. 

For such additional clerical assistance as the auditor may Additional cierks 
find necessary, a sum not exceeding two thousand two ^"'^"'°'' '' °®'"'' 
hundred dollars. 

For printing such number, not exceeding one hundred Printing and dis- 
and fifty thousand, of the pamphlet edition of the General erauaws. ^^ 
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 
three of General Statutes, a sum not exceeding ten thousand 
dollars. 

For printing two thousand copies of the " blue-book " Pointing "Wue- 
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 exceed- 
ing two thousand dollars. 

For printing abstracts of the returns of assessors relating Abstracts asses- 
to the assessment of taxes on the shares of corporations and 
deposits in savings institutions, in accordance with tlie 
resolves of the year one thousand eight hundred and sixty, 
chapter seventy-two, a sum not exceeding eleven hundred 
dollars. 

For the publication of the General Laws, and all other Publication gen- 
information intended for the public, in accordance with "'■■''' '''"'^• 
the provisions of chapter three of General Statutes, three 
hundred dollars. 

For the purchase, by the secretary of the Commonwealth, Registration 
of blanks for the use of cities and town, in the registration 
of births, marriages and deaths, a sum not exceeding three 
hundred dollars. 

For fuel and lights for the state house, a sura not exceed- ruei and lights 
ing two thousand dollars ; and such sum shall be disbursed 
under the direction of the commission provided in the four- 
teenth chapter of General Statutes. 

For repairs, improvements and furniture of the state Repairs, fumi- 
house, to be disbursed in the manner provided in the four- "'^^' 



406 1861.— Chapter 93. 

teenth chapter of General Statutes, a sum not exceeding 
two thousand six hundred dollars. 
Constringent, for Yov Contingent expenses of the senate and house of rep- 
ana ca'pitoi. ' resentatives, and necessary expenses in and about the state 
house, to be disbursed in the manner provided in the four- 
teenth chapter of General Statutes, a sum not exceeding 
one thousand five lumdred 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 appro- 
priation is otherwise made in tliis act, or in any act which 
may be passed subsequently. 
Postage, station- YoY postagc, printing and stationery for the governor and 
ernor and couu- couucil, a suui uot cxceediiig fivc liuudrcd dollars. 
Printing and ^'^^' pi'iii^iiig and binding, ordered by the senate or house 
binding, senate of representatives, or by the concurrent order of the two 
branches, in accordance with the fifteenth of the joint rules 
and orders of the two branches, a sum not exceeding ten 
thousand dollars. 
Blanks and oir- For printing blanks and circulars, and the calendar of 
rs, .enae. Qp^jgj.g ^f ^^^q ^q^j required for the use of the senate, a sum 
not exceeding four hundred dollars. 
Blanks and eir- j^Qp printing; blauks and circulars, and the calendar of 

culars, house. r o 7 

orders of the day, for the use of the house of representa- 
tives, a sum not exceeding seven hundred dollars. 

Sheriffs, for dis- To the shcriffs of the several counties for distributing 
blanks and making returns of votes, in accordance with the 
one hundred and fifty-seventh chapter of General Statutes, 
a sum not exceeding eight hundred and sixty-eight dollars. 

Clerks of com- For clcrical assistaucc to committees authorized to send 
for persons and papers, a sum not exceeding three hundred 
dollars ; and the auditor is hereby authorized to audit bills 
for such assistance, the same having been approved by the 
chairman of such committees, or other member authorized 
by the committee to certify such accounts. 

Public series of For printinff the public series of documents in the last 
quarter of the year one thousand eight hundred and sixty- 
one, under the direction of the secretary of the Common- 
wealth, according to the fourth chapter of General Statutes, 
and for binding the copies to be distributed to the towns 
and cities, a sum not exceeding ten thousand dollars. 

Public series of ^ For printing the public series of documents in the last 
quarter of the year one thousand eight hundred and sixty, 
under the direction of the secretary of the Commonwealtli, 
in addition to the sum heretofore appropriated, a sum not 
exceeding three thousand seven hundred dollars. 



tributiiig blanks, 



mlttees. 



documents, 1861. 



documents, 1860. 



1861.— Chapter 93. 407 

For the mileage and compensation of the bank commis- Bank commis- 
sioners, a sum not exceeding seven thousand dollars. 

For the salary of the clerk of the bank commissioners, cierk. 
one thousand five hundred dollars. 

For the incidental expenses of the bank commissioners, a incidental. 
sum not exceeding one hundred dollars. 

For the compensation and expenses of the board of i^^iai^cecom- 

r . '■ T o ^ ^ missioners. 

insurance commissioners, a sum not exceeding iour thousand 
dollars. 

To continue the printing of the New Plymouth Records, New Plymouth 
under the direction of the secretary of the Commonwealth, 
a sum not exceeding four thousand dollars. 

For continuing the copying of the New Plymouth Records, 
and superintending the printing of the same, a sum not 
exceeding eleven hundred dollars. 

For books, stationery, printing and advertising ordered Books, station- 
by the sergeant-at-arms, for the legislature, a sum not "gisiatlire""^ 
exceeding five iiundred dollars. 

For the state library, in accordance with the fifth chapter state library. 
of the General Statutes, twenty-three hundred dollars, to 
be expended under the direction of the trustees and libra- 
rian ; and all sums required for the completion and printing, 
or now due for printing of the catalogue, shall be paid from 
this appropriation. 

For additional assistance in the library, in accordance with Additional assist- 
the fifth chapter of General Statutes, a sum not exceeding *""' 
five hundred dollars. 

For the contingent expenses of the council, a sum not council, contin- 
exceeding eiglit hundred dollars. ^^° ' 

For the compensation and expenses of the alien commis- AUen 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. Bumi paupers. 

For the compensation and expenses of the superintendent superintendent 

n ■,■ . T ,1 1 of alien passon- 

01 alien passengers, a sum not exceeding seven tliousancl gers. 
dollars. 

For the expenses of coroners' inquests, a sum not exceeding coroners' in- 
five hundred dollars. 

For counsel fees in the suit pending in the supreme court ^^^'^^ i^'^^^'^ 

I o 1 boundary. 

of the United States, between the Commonwealth and the 
state of Rhode Island, to be expended under the super- 
vision of the attorney-general, a sum not exceeding two 
thousand dollars. 

For deficiency in the appropriation for mileage and com- Lieut.-govemor 
pensation of the lieutenant-governor and council, for the '*" *'°"°'^' ' 
9 



408 



1861.— Chapter 93. 



Almshouses, and 
Kaiiisfoi-a Island 
Ilospital. 



Reform school. 



Nautical branch. 



Indians. 
Lunatic paupers. 



Asylum for the 
bUud. 



School for idiots. 



Deaf and dumb 
at Hartford. 



year eighteen hundred and sixty, the sum of fifteen hundred 
and forty-three dollars. 

CHARITABLE. 

For the current expenses of the several state almshouses 
and for the hospital at Rainsford Island, in addition to tlie 
sums appropriated for these purposes in chapter twenty-one 
of the acts of the present year, the following sums, viz. : 

State almshouse atTewksbury, a sum not exceeding thirty- 
three thousand dollars. 

State almshouse at Monson, a sum not exceeding twenty- 
seven thousand dollars. 

State almshouse at Bridgewater, a sum not exceeding 
twenty-seven thousand dollars; and for the hospital at 
Rainsford Island, a sum not exceeding fifteen thousand 
dollars. 

For the current expenses of the state reform school for 
boys, at Westborough, a sum not exceeding thirty-two 
thousand dollars ; said sum to be expended solely for the 
current expenses of said institution ; and all other sums 
received by said institution from towns and cities, for the 
support of the hojs in said school, shall be paid into the 
treasury of the Commonwealth ; and no moneys appropri- 
ated 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 twenty-three 
thousand dollars. 

For Indians, a sum not exceeding three thousand dollars. 
For the support and relief of lunatic state paupers in state 
hospitals, 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. 



1861.— Chapter 93. 409 

For the annuities dne from the Commonwealth in respect Bequests of m. 
to the oblif^ations 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. Pensions. 

To tlie sinking fund for the redemption of the scrip issued sinking fund, 
to obtain means for building the state almshouses, six thou- '^'■"'^'i°"^es. 
sand dollars. 

SCIENTIFIC AND EDUCATIONAL. 

For bounties to agricultural societies, thirteen thousand Agricultural 
six hundred and three dollars. 

For the salary of the secretary of the board of agriculture, secretary board 
two thousand dollars. ° ^^™" 

For the travelling expenses of members of said board, a Travel, members 
sum not exceeding fifteen hundred dollars. 

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

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

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

For collecting information on agricultural subjects, eight For information. 
hundred dollars. 

For printing ten thousand copies of the report of the Printing report. 
board of agriculture, a sum not exceeding six thousand five 
hundred dollars. 

For completing the work upon the " Report of the Insects Report on injuri- 
of New England, which are injurious to vegetation," accord- °"^'°^^*^^- 
ing to resolves, chapter ninety-three, of the year eighteen 
hundred and fifty-nine, the sum of three thousand three 
hundred and sixty-six dollars and thirty-eight cents : /?ro- 
vided, that the whole amount expended upon said work siiall 
not exceed the sum specified in chapter two hundred and 
seventy-three of the acts of eighteen hundred and fifty-nine. 

MILITARY. 

For the salary of the adjutant and quartermaster-general, Adjutant andQ. 

,, 1-ii.i 11111 Master-general. 

one thousand eight hundred dollars. 

For the salary of the clerk of the adjutant-general, twelve cierk. 
hundred dollars. 

For the incidental expenses of the adjutant-general, a sum incidental, 
not exceeding three hundred and fifty dollars. 



410 1861.— Chapter 94. 

Expenses. Yov the expGiises of the adjutant and quartermaster- 

general's department, a sum not exceeding four thousand 
dollars. 

Bounty. For military bounty, a sum not exceeding forty-three 

thousand dollars. 

Accounts. For military accounts, a sum not exceeding five thousand 

five hundred dollars. 

Rent of armories. For the rent of armorics, a sum not exceeding eleven 
thousand dollars. 

REFORMATORY AND CORRECTIONAL. 

Arrest of fugi- For tlic expcnscs of the arrest of fugitives from justice, 
a sum not exceeding one thousand dollars. 

Agent discharg- For the Salary of an agent for the relief of discharged 
convicts, a sum not exceeding eight hundred dollars. 

Expenditures of j^qj. ^|^q expenditures of said agent, in accordance with 
the provisions of chapter one hundred and seventy-nine of 
General Statutes, a sum not exceeding one thousand dollars. 

Industrial school YoT the currcut expenses of the state industrial school for 

for girls. . >^ T p ,1 

girls, at Lancaster, a sum not exceeding icurteen thousand 
dollars. 
Incidental expen- SECTION 2. The tcmi " incidental expenses," wherever 
used in any act of appropriation, 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. This act shall take effect upon its passage. 

Approved March 27, 1861. 



Chap. 94. 



An Act relative to state paupers. 
Be it enacted, §"c., as follows : 
Place of wife's SECTION 1. Whcu the Operation of any provisions of law 

settlement to be. i,'j i-t.l -li. 

husband's resi- m rclatiou to poor and indigent persons, might cause a sep- 
^^'"'^- aration of husband and wife, by reason of her having a legal 

settlement in some place in the Commonwealth, he being a 
state pauper, both parties shall be supported at the place 
where she has a legal settlement. 
Expense of sup- SECTION 2. The expcuse of thus supporting the person 
^°'''' who is such state pauper, shall be paid by the Common- 

wealth, and the accounts therefor shall be audited and 
allowed by the inspectors of the state almshouse to which 
such pauper would otherwise belong, reference being had to 



1861.— Chapters 95, 96, 97. 411 

the expense of supporting such person at the state almshouse, 
if there committed. 

Section 3. This act shall take effect upon its passage. 

Approved March 27, 1861. 



F PROBATE AND INSOLVENCY SUPERVIS- CkaV. 95. 
OF THEIR RESPECTIVE COURTS. 



An Act giving to judges of 
ion of the records 

Be it enacted, ^'c, as follows : 

Section 1. The judges of the probate court and of the Judges to inspect 
court of insolvency in their several counties, shall, as often mS^etc. °° ^' 
as every six months, inspect the doings of the registers of 
said courts, and see that the records and files are made up 
seasonably and kept in good order ; and if the records are Forfeiture of 
left incomplete for more than six months at any one time, 
such neglect, unless caused by sickness or other extraor- 
dinary casualty, shall be adjudged a forfeiture of the regis- 
ter's bond. 

Section 2. In case of any neglect causing a forfeiture of J"dge to notify 

,„, . •'. . , .,., treasurer in case 

the bond or the register or assistant-register, tiie said judge of forfeiture. 
shall forthwith give notice thereof in writing to the treasurer 
having custody of the bond, who shall thereupon cause the 
same to be put in suit ; and the sum recovered in such suit 
shall be applied to making up the deficient records under 
the direction of the court in whose records the deficiency 
happens, and the surplus, if any, shall be carried into the 
account of such treasurer. 

Section 3. Nothing herein contained shall exempt said Existing liabiii- 
registers or assistant-registers from a suit for any other "*''°°***^'"'*^^' 
breach of their bond, or from their liability in any other 
way, or to any party for neglect or misconduct in their office. 

Approved March 27, 1861. 



Chap. 96, 



An Act to establish the salaries of the draw-tenders of 

charles river and warren bridges. 
Be it enacted, §'c., as follows: 

Section 1. The draw-tender on Charles River Bridge salaries. 
shall have an annual salary of twelve hundred dollars, and 
the draw-tender on the Warren Bridge an annual salary of 
eleven hundred dollars, to be paid as provided in section 
second, chapter one hundred and eighty-six of the acts of 
eighteen hundred and fifty-nine. 

Section 2. This act shall take effect upon its passage. 

Approved March 27, 1861. 

An Act to incorporate the American society of Hibernians, fhnn Q7 

Beit enacted, Sfc, as follows : 

Section 1. Andrew Mahoney, Edward Riley, James corporators. 
McGee, Daniel McKenna, their associates and successors, 



412 



1861.— Chapters 98, 99. 



Purposes. 



Powers and 
duties. 



Real and person- 
al estate. 



Chap. 98. 



Authority to sub- 
scribe. 



May raise money. 



Chap. 99. 



Greenfield and 
Northampton. 



are hereby made a corporation by the name of the American 
Society of Hibernians, for tlie pnrpose of rendering assist- 
ance to the sick and disabled members of their society, and 
also of providing for the decent burial of the dead ; and for 
these purposes shall have all the powers, and be subject to 
all the duties and liabilities, set forth in the sixty-eighth 
chapter of the General Statutes. 

Section 2. Said corporation may take and hold, for the 
purposes aforesaid,, real or personal estate, or both, to an 
amount not exceeding twenty thousand dollars. 

Approved March 21, 1861. 



An Act authorizing the town of'milford to subscribe to the 
capital stock of the milford and woonsocket railroad 

COMPANY. 

Be it enacted, ^'c, as folloivs : 

Section 1. The town of Milford, in the county of Wor- 
cester, is hereby authorized to subscribe for and hold shares 
in the capital stock of the Milford and Woonsocket Railroad 
Company, to an amount not exceeding fifty tiiousand dollars: 
provided, that two-thirds of the legal voters of said town, 
present and voting thereon, at a legal town meeting duly 
called for that purpose, shall vote to subscribe for such shares 
in accordance with the terms of this act, and to pay for the 
same out of the town treasury, and to hold the same as town 
property, subject to the disposition of the town for public 
purposes, in like manner as other property which it may 
possess. 

Section 2. Said town is hereby authorized to raise by 
loan or tax, any sums of money which shall be required to 
pay its instalments on its subscription to said stock and 
interest thereon. 

Section 3. This act shall take effect upon its passage. 

Approved March 27, 1861. 
An Act changing the time op holding the law terms of the 

SUPREME judicial COURT FOR THE COUNTIES OP BERKSHIRE, 
HAMPSHIRE AND FRANKLIN. 

Be it enacted, Sfc, as follows. ■ 

Section 1. The law terms of the supreme judicial court 
now by law appointed to be held at Lenox, within and for 
the county of Berkshire, on the first Tuesday of September 
in each year, shall hereafter be held on the second Tuesday 
of September. 

Section 2. The law terms of said court now appointed 
by law to be held at Greenfield, within and for the county 
of Franklin, on the first Monday next after the first Tuesday 



1861.— Chapters 100, 101. 413 

of September, and at Northampton, within and for the county 
of Hampsliire, on the second Monday next after the first 
Tuesday of September, are hereby abolished, and instead 
thereof there shall be held a term of said court for hearing 
and entering questions of law arising in said counties of 
Franklin and Hampshire, alternately at Greenfield and North- 
ampton, on the Monday next after the second Tuesday of 
September in each year, the first term of said court after the 
passage of this act to be held at said Greenfield. 

Section 3. The said court at the terms thereof by this jurisdiction. 
act established, shall have cognizance and jurisdiction of all 
causes now pending in the law terms of said court for said 
counties respectively, and shall have the same jurisdiction of 
all libels for divorce and other matters as the law terms of 
said court now have, when held for said counties separately. 

Section 4. All acts inconsistent with the provisions of 
this act, are hereby repealed. Approved March 28, 1861. 

An Act defining the rights of owners or occupants of land Chap. 100 

ADJOINING RAILROADS. "' 

Be it enacted, Sfc, as f allows. • 

If the owner or occupant of any land adjoining any rail- occupancy of 

,. 1./-^ Ill 1 iiii'i- ''""^ °' corpora- 

road 111 this Commonwealth, has taken or shall take into his tion by adjacent 

inclosure, any part of the land belonging to said railroad, as vrsr'prop°erty° 
located and established, or has erected or shall erect any ''s'''^- 
building upon, or has occupied or shall occupy for the pur- 
poses of cultivation or otherwise, any land belonging to or 
included within the location of any such railroad, no con- 
tinuance of such inclosure, building, or length of possession 
or occupancy of the land belonging to such railroad, so 
inclosed or occupied, shall create in such adjoining owner 
or occupant, or in any person claiming under him, any right 
to the land belonging to such railroad so inclosed or occupied. 

Approved March 28, 1861. 

An Act to incorporate the nonantum fire insurance company, z^/,^,^ i ni 
Be it enacted, Sfc, asfolloios : ^' 

Section 1. E. C. Sparhawk, Edward Sparhawk, John corporators. 
Gordon, J. N. Bacon, Curtis Davis, P. H. Sweetser, their 
associates and successors, are hereby made a corporation by Title, 
the name of the Nonantum Fire Insurance Company, to be Location, 
established in the town of Brighton, for the purpose of Purpose, 
making insurance against losses by fire ; with all the powers privileges and re- 
and privileges, and subject to all the duties, liabilities and "^"'='""^^- 
restrictions, set forth in the general laws in relation to stock 
insurance companies, or which may hereafter be enacted in 
relation to the same. 



414 1861.— Chapters 102, 103, 104. 

Capital. Section 2. The said corporation shall have a capital 

Shares. stock of fifty thousaiid dollars, divided into shares of one 

increEise of capi- hundrcd dollars each, with liberty to pay in and increase the 
*'^'' same to an amount not exceeding one hundred and fifty 

Real estate. thousaud dollars, and shall have a right to hold real estate 
for its own use to an amount not exceeding fifteen thousand 
dollars. Approved March 28, 1861. 

Chat) 102 -^^ -^^^ ^^ ADDITION TO AN ACT TO AUTHORIZE EDMUND T. DANA 
^' AND OTHERS TO CONSTRUCT DAMS AND DIKES IN CAMBRIDGE. 

Be it enacted, §"c., as follows : 
Time for con- The time witjiin which Edmund T. Dana and others were 
ed. 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 to September in the year one thousand eight 
hundred and sixty-two. Approved March 28, 1861. 

ChaV' 103 -^^ •^'-'^ '^^ CHANGE THE TIME FOR HOLDING THE ANNUAL EXHIBI- 
-^ * TION OF THE HAMPDEN COUNTY AGRICULTURAL SOCIETY. 

Be it enacted, Sfc, as follows: 

Tlie Hampden County Agricultural Society shall hereafter 
commence its annual exhibition on the first Tuesday of 
October. Approved March 28, 1861. 

Chap. 104 An Act concerning the estates op insolvent debtors. 

Be it enacted, §'c., as follows : 

Assignee to make SECTION 1. Evcrv assigncc of tlic cstatc of an insolvent 
debtor or corporation, shall, unless the judge of insolvency 
shall otherwise direct, make and return, upon oath, into the 
court of insolvency, a true inventory of all the property of 
the debtor, real and personal, and all debts due to the 
debtor or any other person for his use, and all his rights of 
action for goods or estate, real or personal, and all his riglits 
of redeeming such goods or estate, which the assignment 
vests in such assignee, and which shall have come to his 

Appraisal, &c. posscssiou or knowledge ; and the estate comprised in such 
inventory shall be appraised in the same manner that the 
estates of deceased persons are now required by law to be 
appraised. And such inventory and appraisal shall be made 
and returned on or before the second meeting of the credi- 
tors. 

Assignees ac- SECTION 2. Assiguccs shall accouut for all the estate and 

effects of the insolvent that vest in them by the assignment, 
at its appraisal, except as hereinafter provided. They shall 
make no profit by the increase, and sustain no loss by the 
decrease or destruction without their fault of any part of 



1861.— Chapter 105. 415 

the estate ; if they shall sell any of such estate for more 
than the appraised value, they shall account for the excess, 
and if they shall sell for less than the appraised value, they 
shall be allowed for the loss, if it appears to the court of 
insolvency that the sale was expedient and for the interest 
of all concerned in the estate ; and, in either case, the 
assignees shall exhibit to the court a true account of sales, 
and they shall sell the estate at public auction unless the 
court before which the proceedings are pending, shall for 
sufficient cause upon petition therefor filed, otherwise order. 

Approved March 28, 1861. 



Chap. 105 



An Act for supplying the city of charlestown with pure 

WATER. 

Be it enacted, Sfc, as folloios : 

Section 1. The city of Charlestown is hereby authorized supply from 
to take, hold and convey by steam or other power, to, into ^^""^ 
and through the said city, by suitable aqueducts or pipes, 
the waters of Mystic Pond, so called, in the towns of Medford, 
West Cambridge and Winchester, and the waters which may 
flow into and from the same, and may also take and hold, 
by purchase or otherwise, any land, real estate or water- 
rights necessary for erecting, laying and maintaining, and 
may erect, lay and maintain, such aqueducts, pipes, dams, 
gates, pumps, bridges, reservoirs, embankments, water-ways, 
drains or other structures as may be necessary or convenient 
to insure the purity of the waters of said pond, or the ponds 
and streams running into it, or to convey said waters into, 
and for the use of, the said city of Cliarlestown : provided, proviso. 
however, that said city shall not divert or draw water from 
any part of said Mystic Fond lying southerly of the " nar- 
rows " or " partings," so called, in said pond. And said Dam may be 
city of Charlestown shall have power to erect and maintain '"''^'''^'^ 
a dam between the upper and lower portions of said Mystic 
Pond at the said " narrows " or " partings," so as to exclude 
the waters of the lower part from those of the upper, and 
raise the waters of the upper pond as high as they may 
judge necessary for the purposes of this act, not to exceed, 
however, the level of " Bacon's dam," so called. And said Restriction, &c. 
city of Charlestown shall not erect any dam across Mystic 
River, or obstruct, or exclude the free flow of the tide into 
the lower Mystic Pond. Said city of Charlestown shall charlestown to 
make and maintain a suitable fish-way in the dam hereby "ay"'^'" ^'^' 
authorized to be constructed by them at the " partings," or 
" narrows," so called, and upon request in writing made to 
the mayor of said city by any member of the fish committees 

10 



416 



1861.~Chapter 105. 



Right to lay 
pipes. 



Regulation of 

use. 

Water rents. 

Powers^of city. 



Aqueducts. 



Superintending 
commissioners. 



Tenure of office. 



of the towns of Medford or West Cambridge, on or after 
the first day of March in each year, the same shall be forth- 
with opened for the passage of fish, and left open until the 
first day of the next September, unless a majority of both 
of said committees shall sooner consent to have the same 
closed. 

Section 2. For the purposes of distribution, the city 
may lay down pipes to any house or building in said city, 
the owner or owners thereof having notice and not objecting 
thereto, 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 regulate the use 
of the water within and without the 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 aqueducts or other works by them to be made and con- 
structed, over or under any water-course, or any street, 
turnpike-road, highway or other way, in such manner as not 
to obstruct or impede travel thereon, or the free flow of the 
water therein. In carrying the pipes or conduits of said 
aqueduct across Mystic River, the same shall either be car- 
ried below the level of the bed of said river, or the bridge 
or other structure on which the same is carried over said 
river shall be elevated at least three feet in the clear above 
high-water level at the point where the same may cross said 
river ; and may enter upon and dig up any such road, street 
or way, for the purpose of laying down said aqueducts or 
other works, and for maintaining and repairing the same. 

Section 3. Three commissioners shall be appointed by 
the city council, who shall, during their continuance in office, 
execute and perform, superintend and direct, the execution 
and performance of all the works, matters and things men- 
tioned in the preceding sections, which are not otherwise 
specially provided for in this act ; they shall be subject to 
such ordinances, rules and regulations, in the execution of 
their said trust, as the city council may, from time to time, 
ordain and establish, not inconsistent with the provisions of 
this act and the laws of this Commonwealth ; they shall 
respectively hold their said office for the term of two years 
next after their said appointment, unless the aqueducts and 
works aforesaid shall be sooner completed ; but they, or 
either of them, after having had an opportunity to be heard 
in his or their defence, may be removed at any time by a 
concurrent vote of two-thirds of each branch of the city 
council ; and, in case of a vacancy in the board of commis- 



1861.— Chapter 105. 417 

sioiiers, by death, resignation or removal, such vacancy shall 
be filled by the appointment of another commissioner, in 
manner aforesaid, who shall hold his said office for the resi- 
due of the said term of two years, with all the powers and 
subject to all the restrictions aforesaid. A major part of 
said commissioners shall be a quorum for the exercise of the 
powers, and the performance of the duties of the said office ; 
tliev shall, once in every three months, and whenever required Reports of com- 

, "', . ., , 1 '. ... ^-1 missioners. 

by the city council, make and present, m writing, a particular 
report and statement of all their acts and proceedings, and 
of the condition and progress of the works aforesaid. 

Section 4. Before the appointment of the commissioners compensation. 
aforesaid, the city council shall establish and fix the salaries, 
or compensation, to be paid to the commissioners for their 
services ; and the said salaries of the said commissioners, so 
established and fixed as aforesaid, shall not be reduced 
during their continuance, respectively, in said office. 

Section 5. Whenever the said office of commissioners Powers and du- 
shall cease, either by the expiration of the said term of two city council, 
years from the original appointment, or by the completion 
of the aqueducts and works mentioned in the preceding 
sections of this act, all the rights, powers and authority 
given to the city of Charlestown by this act, shall be exer- 
cised by the said city, subject to all the duties, liabilities and 
restrictions herein contained, in such manner and by such 
agents as the city council shall, from time to time, ordain, 
appoint and direct. 

Section 6. The said city of Charlestown shall be liable Damages. 
to pay all damages that shall be sustained by any persons in 
their property by the taking of any land, water or water- 
rights, or by the constructing of any aqueducts, reservoirs, 
or other works, for the purposes of this act. And if the 
owner of any land, water or water-rights, 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 assessment of 
his damages, at any time within three years from the taking 
of the said land, water or water-rights, or sustaining damage 
as aforesaid, and not afterwards, to the superior court in the 
county in which the same are situate, unless sooner Ijarred, 
as provided in the seventh 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 sum- 
mons 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 



in certain cases. 



418 1861.— Chapter 105. 

order, to appear and answer to the said petition ; tlie said 
summons sliall 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 such petitioner may have sustained as 
aforesaid ; and the award of the said freeholders, or of the 
major part of them, being returned into and accepted by 
the said court, shall be final, and judgment shall be ren- 
dered and execution issued thereon for the prevailing party, 
with costs, unless one of the said parties shall claim a trial 
by jury, as hereinafter provided. 
City to prosecute SECTION 7. Whcnevcr any damagcs shall have been sus- 
tained by any persons as set forth in the sixth section of this 
act, and such persons shall neglect to institute proceedings 
against the city of Charlestown, according to the provisions 
of this act, for the space of twelve months, it shall be lawful 
for the city of Charlestown to commence such proceedings, 
which shall go on and be determined in the same manner as 
if commenced by the persons who shall have sustained such 
damage ; and if such persons, on receiving due notice, shall 
not come in and prosecute the proceedings so instituted, 
judgment shall be entered against them, and they shall be 
forever barred from recovering any damages under this act. 
Appeal to a jury. SECTION 8. If either of the parties mentioned in the 
sixth section shall be dissatisfied with the amount of dam- 
ages 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 
Verdict to be thc amouut tlicrcof ; 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. 
Appropriation for SECTION 9. No application sliall be made to the court for 
dama^r* ° the assessmcut of damages for the taking of any water- 
rights, until the water shall be actually withdrawn or 
diverted by the said city, under the authority of this act. 



1861.— Chapter 105. 419 

Section 10. In every case of a petition to the superior Recovery of dam- 

, n .■• 1 o 1 -TT-ii ages aud costs. 

court tor the assessment oi damages, as provided m the 
sixth, seventh, eightli and ninth sections of tliis act, the city 
of Charlestown, by any of its officers, may tender to the 
complainant, or his attorney, any sum that they 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 after- 
wards, unless the complainant shall recover greater damages 
than were so offered. 

Section 11. For the purpose of defraying all the costs " water bonds." 
and expenses of such lands, estates, waters and water-rights 
as shall be taken, purchased or held for the purposes men- 
tioned in this act, and of constructing all aqueducts and 
works necessary and proper for the accomplishment of the 
said purposes, 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 five hundred thousand 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 than fifty years from and 
after the issue of the said scrip, notes or certificates, respec- 
tively ; and the said city council may sell the same, or any 
part thereof, from time to time, at public or private sale, or 
pledge the same for money borrowed for the purposes afore- 
said, 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 further issue of 
scrip, notes or certificates of debt as may be necessary 
therefor. 

Section 12. The city council may, from time to time, water reguia- 
pass such by-laws and ordinances as they may deem proper 
for the preservation and protection of all or any of the works 
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 are not inconsistent 
with any laws of this Commonwealth, or with the constitu- 
tion thereof, subject at any time to be repealed or modified 



tions. 



420 



1861.— Chapter 105. 



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. 
Water rents. SECTION 13. Tho clty council sliall, from time to time, 

regulate the price or rent for the use of the water, with a 
view to the payment, from the net income and receipts, not 
only of the semi-annual interest, but ultimately of the prin- 
cipal of said debt so contracted, so far as the same may be 
Liabilities of oc- practicable and reasonable. And the occupant of any tene- 
owners^ ^° mcut shall be liable for the payment of the price or rent for 
the use of the water in such tenement ; and the owner 
thereof shall be also liable, if, on being notified of such use, 
he does not object thereto ; and if any person or persons 
shall use any of the said water, either within or without the 
said city, without the consent of the city, an action of tort 
may be maintained against him or them for the recovery of 
Proviso. damages therefor : provided, hoivever, that this act shall not 

be so construed as to prevent the inhabitants of Medford, 
West Cambridge and Winchester, from using so much of the 
water hereby granted as shall be necessary for extinguishing 
fires, and for all ordinary household purposes, under such 
regulations of the said city council as may be essential for 
the preservation of the purity of the said water. 
L^meanorfand'' SECTION 14. If auy pcrsou or persons shall wilfully or 
injuries to water uialiciously divcrt the water, or any part thereof, of any of 
"^ ''' ''' the ponds, streams or water-sources, which shall be taken by 
the city pursuant to the provisions of this act, or shall cor- 
rupt the same, or render it impure, or destroy or injure any 
dam, aqueduct, pipe, conduit, hydrant, machinery or other 
property, held, owned or used by the said city, by the 
authority and for the purposes of this act, such person or 
persons shall forfeit and pay to the said city three times the 
amount of the damages that shall be assessed therefor, to be 
recovered by any proper action. And such person or persons 
may, moreover, on indictment and conviction of either of the 
wilful and malicious acts aforesaid, be punished by fine not 
exceeding one thousand dollars, and imprisonment not 
exceeding one year. 

Section 15. The said city of Charlestown is also author- 
ized to supply with water for the extinguishment of fires or 
for other purposes, the cities of Chelsea and Boston, and the 
towns through which the line of aqueduct may pass, and for 
this purpose may erect and maintain such structures as may 
be requisite and necessary therefor: provided, that such 
supply to Boston shall not deprive the towns on the line of 
the aqueduct of a sufficient supply of water, 



Extinguishment 
of fires. 



1861.— Chapter 106. 421 

Section 16. The said city of Charlestowii shall erect Hydrants. 
and maintain proper hydrants at such points along the line 
of the aqueduct as the selectmen of the towns of Somerville 
and Medford shall direct : provided^ however, the said city Proviso, 
of Charlestown shall not be required to erect and maintain 
such hydrants at points nearer together than five hundred 
feet ; and said towns of Somerville and Medford may at all 
times draw water from said hydrants without charge there- 
for, for the extinguishment of fires, under such regulations 
as the city of Charlestown may, from time to time, establish 
under authority of this act ; and the rates of water supplied 
to the inhabitants of said towns of Somerville and Medford 
for other purposes than the extinguishment of fires, as pro- 
vided in section fifteen, shall not exceed the rates charged 
for like uses in said city of Charlestown, and the payment 
or rental for the use of such water shall be made and col- 
lected in the same manner as herein before provided for the 
water distributed in the said city of Charlestown. In case 
the pipes for distributing said water shall be laid without 
expense to said city of Charlestown, such charge or rental 
shall be made for the use of said water, as may be agreed 
upon by and between said towns respectively and said city 
of Charlestown. 

Section 17. The provisions of this act shall be void Act to be accept- 
unless submitted to and approved by the voters of the city ^' ^ ^^^ "" ^^^' 
of Charlestown, at meetings held simultaneously for that 
purpose in the several wards, within three years from the 
passage of this act, upon notice duly given, at least seven 
days before the time of holding said meetings. 

Section 18, This act shall take effect from and after its 
passage. Approved March 28, 1861. 



Chap. 106 



An Act to increase the capital stock of the east boston 

WHARF company. 

Be it enacted^ Sfc, as folloivs : 

Section 1. The East Boston Wharf Company is hereby Amount of in- 
authorized to increase its capital stock by adding thereto five *''^'^'^^'^' 
hundred thousand dollars, and to invest the same in the pur- investment. 
chase of real estate adjoining the land now owned by said 
corporation, a description of which real estate is hereafter 
set forth, to be used as may be necessary and convenient to 
carry on the business for which the said company was incor- 
porated : provided, that no shares in the capital stock hereby Proviso. 
authorized shall be issued for a less sum or amount than the 
par value of the shares in the original capital stock of said 
corporation. 



422 



1861.— Chapters 107, 108. 



Description of 
real estate. 



Section 2. The real estate which said corporation is hereby 
authorized to purchase and hold is described as follows, to 
wit: — A lot or parcel of land bounded and described as fol- 
lows, viz. : beginning at the south-east corner of the premises 
now owned by said corporation on Sumner Street and at 
the centre of Mill Street ; thence running westerly through 
the centre of Mill Street and bounded on said corporation 
land four hundred feet ; then turning and running souther- 
ly, one hundred and thirty feet ; then turning and running 
westerly, about seven hundred and sixty feet to the commis- 
sioners' line ; thence running northerly by said commission- 
ers' line three hundred and twenty feet, more or less, to a 
point on the line of Carleton's estate, so called ; then turn- 
ing and running north-easterly, eight hundred and seventy 
feet to Sumner Street ; then turning and running south- 
easterly one hundred and ninety feet on Sumner Street to 
the point of beginning. Said premises being situated in that 
part of Boston called East Boston. Ajyproved March 28, 1861. 



Chap. 107 



Control of high- 
ways. 



Damages. 



Chap. 108 



Corporators. 



Location. 



An Act in addition to an act to establish the city of lynn. 

Be it enacted, Sfc, as folloivs : 

Section 1. The mayor and aldermen of the city of Lynn, 
with the concurrent vote of the common council, shall liave 
exclusive authority and power to lay out, alter or discontinue 
any street or town way, to establish the grade thereof, and to 
estimate the damages any individual or party may sustain 
thereby ; and the person or party dissatisfied with the decis- 
ion of the city council, in the estimate of damages, may 
make complaint to the county commissioners of the county 
of Essex, at any meeting held within one year after such 
decision, whereupon, the same proceedings shall be had as 
are now by law provided in cases where persons or parties 
are aggrieved by the assessment of damages by the selectmen, 
in the forty-third chapter of the General Statutes. 

Section 2. This act shall take effect upon its passage. 

Approved March 28, 1861. 

An Act to incorporate the Brighton five cents savings bank. 

Be it enacted, §'c., as follows : 

Charles Noyes, R. G. Green, H. H. Laniard, David 
Collins, J. F. Taylor, James Stetson, Samuel Bigelow, H. 
W. Jordan, W. W. Warren, James Dana, William Warren, 
George H. Brooks, John Ruggles, Theodore Matchett, their 
associates and successors, are hereby made a corporation by 
the name of the Brighton Five Cents Savings Bank, to be 
established and located in the town of Brighton ; with all 



1861.— Chapter 109. 423 

the powers and privileges, and subject to all the duties, ^°^^''^' '^""^s, 
liabilities and restrictions, set forth in the fifty-seventh chap- 
ter of the General Statutes, and all other laws relating to 
savings banks. Approved March 28, 1861. 

An Act to incorporate the cape cod central railroad com- Qhn^^ 1 no 

PANY. J ' 

Be it enacted, ij'c, aif follows : 

Section 1. Chester Snow, Freeman Cobb, Joseph Cum- corporators. 
mings, E. W. Carpenter, Joseph K. Baker, junior, James 
S. Howes and Reuben Nickerson, junior, their associates 
and successors are hereby made a corporation, by the name Tuie. 
of the Cape Cod Central Railroad Company ; with all the powers, duties, 
powers and privileges, and subject, except as hereinafter set ^"^ 
forth, to all the duties, liabilities and restrictions set forth 
in the sixty-third chapter of the General Statutes of this 
Commonwealth, relating to railroad corporations. 

Section 2. The said company may locate, construct and Location. 
operate a railroad, commencing at a point on the Cape Cod 
Railroad, at or near the depot in Yarmouth, in the county 
of Barnstable, and running thence through the towns of 
Yarmouth, Dennis, Harwich and Brewster, to a point near 
the Town Cove, so called, in the town of Orleans. 

Section 3. The capital stock of said company shall not capital. 
exceed two hundred thousand dollars, to be divided into 
shares of one hundred dollars each ; and no shares shall be shares. 
issued for a less sum, to be actually paid in on each, than 
the par value of the shares first issued ; and such company Reai and person- 
may purchase and hold such real and personal estate as may ^^^ estate, 
be necessary for the purposes of their incorporation. 

Section 4. If the said company be not organized, and Time of location 
the location of their road filed with the county commission- Hmitrd"''™"*'"" 
ers of the said county of Barnstable, within two years from the 
passage of this act, and if said road shall not be constructed 
within three years from said time, this act shall be void. 

Section 5. The said company shall have the right and crossing high- 
privilege of crossing highways and town ways at such ^^^°' ^'^' 
grade and in such manner as the county commissioners may 
specify and direct. 

Section 6. Said corporation is hereby authorized to issue Bonds. 
bonds for the purpose of constructing or equipping their 
road, the amount thereof not to exceed the amount of 
capital stock paid in, of the same kind, in the same manner, 
upon the same terms, conditions and restrictions, and to be conditions, &c. 
approved, certified, recorded and secured, in all respects, in 
conformity with the sixty-third chapter of the General 
Statutes. . 

11 



424 



1861.— Chapter 110. 



Terms, &c. 



Transfer of pro- 
perty, &c. 



Lease of road. 



May unite with SECTION 7. The Said Cape Cod Central Railroad Com- 

Cape Cod Rail- . . .. S • i i /-~t /-~i i -o •! i 

road. pany may unite their railroad with the Cape Cod Kaiiroad, 

at the point of intersection therewith mentioned in the second 
section ; and said Cape Cod Central Railroad Company may 
enter upon and use the tracks of the Cape Cod Railroad Com- 
pany, upon the terms, and subject to the provisions of the 
statutes of this Commonwealth relating to railroads and 
railroad corporations. 

Section 8. The said Cape Cod Central Railroad Com- 
pany are hereby authorized and empowered to transfer all 
their property, rights and franchise, under this charter, to 
the said Cape Cod Railroad Company, or their successors, 
whenever a mutual arrangement may be made to that effect ; 
or said Cape Cod Central Railroad Company may lease their 
road and other property to the said Cape Cod Railroad Com- 
pany, or to any other corporation or individuals, either for a 
limited time or perpetually, as may be agreed upon ; and the 
said Cape Cod Railroad Company and the Old Colony and 
Fall River Railroad Company are hereby authorized to accept 
such lease whenever agreed upon by the parties. 

Section 9. This act shall take effect upon its passage. 

Approved March 28, 1861. 

Chan. 110 -^^ ■^^'^ ESTABLISHING THE POLLS AND ESTATES OF THE SEVERAL 
-* ' CITIES AND TOWNS OF THE COMMONWEALTH OF MASSACHUSETTS. 

Be it enacted, §'c., as follows : 

The number of polls, the amount of property, and the 
tax of one thousand dollars, including polls at half a mill 
each for each city and town in the several counties of 
the Commonwealth of Massachusetts, as contained in the 
schedule hereto annexed, are established and shall consti- 
tute a basis of apportionment for state and county taxes, 
during the decade ending in the year one thousand eight 
hundred and seventy, unless otherwise provided by the 
legislature : 

COUNTY OF SUFFOLK. 



Basis of appor- 
tionment for 
state and county 
taxes. 



TOWNS. 


Polls. 


Property. 


Tax of §1,000, in- 
cluding polls at 
half a mill each. 


Boston, .... 
Chelsea, . • . 
North Chelsea, 
Winthrop, 


38,737 

2,806 

213 

149 


$312,000,000 00 

6,780,000 00 

770,000 00 

450,000 00 


1315 25 

7 82 
84 
50 




41,905 


1320,000,000 00 


$324 41 



1861.— Chapter 110. 

COUNTY OF ESSEX. 



425 



TOWNS. 


PoUs. 


Property. 


Tax of $1,000, in- 
cluding polls at 
half a mill each. 


Amesbury, 




. 


1,089 


$1,302,864 00 


U 78 


Andover, 






1,101 


2,339,977 00 


2 77 


Beverly, 






1,598 


3,129,640 00 


3 77 


Boxford, 






251 


649,331 00 


74 


Bradford, 






432 


832,683 00 


1 01 


Danvers, 






1,324 


2,455,948 00 


2 99 


Essex, . 






517 


930,368 00 


1 14 


Georgetown, 






575 


730,297 00 


93 


Gloucester, 






2,730 


4,171,942 00 


5 33 


Groveland, 






413 


538,123 00 


72 


Hamilton, 






219 


449,810 00 


54 


Haverhill, 






2,913 


5,450,782 00 


6 63 


Ipswich, 






746 


1,276,245 00 


1 59 


Lawrence, 






3,691 


10,015,503 00 


11 35 


Lynn, . 






4,507 


9,299,128 00 


11 07 


Lynnfield, 






224 


558,854 00 


64 


Manchester, . 






452 


787,045 00 


98 


Marblehead, . 






1,877 


2,367,952 00 


3 18 


Methuen, 






693 


1,283,920 00 


1 57 


Middleton, . 






241 


383,758 00 


48 


Nahant, 






99 


523,866 00 


55 


Newbury, 






340 


824,524 00 


95 


Newburyport, 




2,647 


6,847,183 00 


7 82 


North Andover, . 




575 


1,575,166 00 


1 78 


Kockport, 




882 


1,320,335 00 


1 69 



426 



1861.— Chapter 110. 

COUNTY OF ESSEX— Continued. 



TOWNS. 


Polls. 


Propc?rty. 


Tax of $1,000, In- 
cluding polls at 
half a mill each. 


Kowley, 


334 


$484,701 00 


$0 63 


Salem, .... 


4,904 


14,722,500 00 


16 41 


Salisbury, 


859 


1,465,413 00 


1 82 


Saugus, 


541 


1,148,428 00 


1 36 


South Danvers, 


1,445 


3,613,408 00 


4 15 


Swampscott, . 


351 


1,043,853 00 


1 17 


Topsfield, 


346 


624,769 00 


77 


Weiihain, 


282 


550,780 00 


66 


West Newbury, 


581 


938,741 00 


1 18 




39,779 


$84,637,837 00 


$100 15 



COUNTY OF MIDDLESEX. 



Acton, . 






455 


$821,401 00 


$•1 01 


Ashby, . 






109 


555,386 00 


58 


Ashland, 






443 


577,860 00 


7T 


Bedford, 






170 


470,657 00 


54 


Belmont, 






341 


2,141,709 00 


2 20 


Billerica, 






441 


1,042,071 00 


1 21 


Boxborough, 






94 


221,755 00 


26 


Brighton, 






914 


3,488,577 00 


3 77 


Burlington, 






191 


384,413 00 


47 


Cambridge, 






5,615 


20,515,905 00 


22 26 


Carlisle, 






1.50 


328,461 00 


39 


Charlestown, 






5,390 


15,420,760 00 


17 32 


Chelmsford, 






583 


1,371,136 00 


1 59 



1861. Chapter 110. 




COUNTY OF MIDDLESEX— CONTINUE! 


). 


TOWNS. 


Polls. 


Property. 


Tax of $1,000, in- 
cluding polls at 
half a mill each. 


Concord, 


563 


^1,663,507 00 


U 86 


Dracut, .... 


501 


962,723 00 


1 16 


Dunstable, 


136 


397,551 00 


45 


Framingham, . 


1,045 


2,208,537 00 


2 61 


Groton, .... 


778 


1,465,408 00 


1 78 


HoUistou, 


843 


1,483,443 00 


1 83 


Hopkinton, . 


1,119 


1,368,099 00 


1 86 


Lexington, 


581 


1,873,634 00 


2 02 


Lincoln, 


195 


539,528 00 


61 


Littleton, 


274 


666,270 00 


77 


Lowell, .... 


7,492 


20,894,207 00 


23 56 


Maiden,. 


1,499 


3,366,963 00 


3 94 


Marlborough, 


1,590 


1,876,599 00 


2 58 


Medford, 


1,240 


4,970,817 00 


5 33 


Melrose, 


620 


1,373,324 00 


1 61 


Natick, .... 


1,555 


1,788,549 00 


2 48 


Newton, 


1,971 


7,146,081 00 


7 77 


North Reading, 


325 


527,890 00 


2 12 


Pepperell, 


459 


754,506 00 


1 00 


Reading, 


732 


1,269,570 00 


1 57 


Sherborn, 


305 


873,154 00 


98 


Shirley,. 


361 


662,067 00 


81 


Somerville, . 


1,756 


6,033,053 00 


6 60 


South Reading, 


868 


1,861,319 00 


2 20 


Stoneham, 


948 


1,207,701 00 


1 62 



427 



428 



1861.— Chapter 110. 

COUNTY OF MIDDLESEX— Continued. 



TOWNS. 


Polls. 


Property. 


Tax of §1,000, in- 
cluding polls at 
half a mill each. 


Stow, .... 


394 


$713,320 00 


$0 87 


Sudbury, 


439 


1,043,091 00 


1 21 


Tewksbury, . 


335 


620,886 00 


76 


Townsend, . 


518 


663,222 00 


89 


Tyngsborough, 


167 


322,680 00 


39 


Waltham, 


1,402 


4,694,856 00 


5 15 


Watertown, . 


769 


2,514,020 00 


2 85 


Wayland, 


311 


564,758 00 


65 


West Cambridge, . 


706 


2,449,057 00 


2 67 


Westford, . . . 


400 


796,440 00 


96 


Weston, 


344 


1,016,605 00 


1 13 


Wilmington, . 


249 


459,291 00 


56 


Winchester, . 


513 


1,533,514 00 


1 71 


Woburn, 


1,784 


3,599,280 00 


4 30 




51,763 


$135,458,009 00 


$154 .34 


COUNT 


Y OF ^ 


/70RCESTEE 




Ashburnliam, 


596 


1752,839 00 


$1 01 


Athol, .... 


755 


925,390 00 


1 26 


Auburn, 


215 


391,784 00 


48 


Barre, .... 


747 


1,668,557 00 


1 95 


Berlin, .... 


296 


396,170 00 


53 


Blackstone, . 


1,388 


1,817,911 00 


2 41 


Bolton, .... 


355 


563,319 00 


71 


Boylston, 


215 


469,794 00 


56 



1861.— Chapter 110. 

COUNTY OF WORCESTER— CoNTiNUKD. 



429 



TOWNS. 


! 
Polls. 


Property. 


Tax of $1,000, in- 
cluding polls at 
half a mill each. 


Brookfield, . 


643 


$765,765 00 


$1 05 


Charlton, 


593 


872,454 00 


1 13 


Clinton, 


890 


1,676,064 00 


2 03 


Dana, .... 


220 


241,663 00 


34 


Douglas, 


595 


953,409 00 


1 20 


Dudley, 


418 


68.5,821 00 


86 


Fitchburg, 


1,964 


3,762,529 00 


4 55 


Gardner, 


739 


901,835 00 


1 23 


Grafton, 


1,147 


1,691,274 00 


2 17 


Hardwick, 


400 


934,532 00 


1 08 


Harvard, 


414 


877,330 00 


1 04 


Holden, 


505 


796,813 00 


1 00 


Hubbardston, 


454 


609,054 00 


81 


Lancaster, 


415 


848,100 00 


1 01 


Leicester, 


687 


1,559,404 00 


1 86 


Leominster, . 


853 


1,728,997 00 


2 07 


Lunenburg, . 


332 


730,952 00 


86 


Mendon, 


352 


722,565 00 


86 


Milford,. 


2,584 


3,155,601 00 


4 28 


Millbury, 


918 


1,397,538 00 


1 78 


New Braintree, 


199 


555,252 00 


62 


North Brookfield, . 


715 


1,183,803 00 


1 48 


Northborough, 


383 


947,539 00 


1 09 


Northbridge, . 


677 


945,574 00 


1 24 


Oakham, 


245 


323,848 00 


43 



430 



1861.— Chapter 110. 

COUNTY OF WORCESTER— Continued. 



TOWNS. 


Polls. 


Property. 


Taxof $1,000, in- 
cluding polls at 
half a mill each. 


Oxford,. 




762 


$1,156,411 00 


$1 48 


Paxton, . 




217 


295,067 00 


39 


Petersham, . 




367 


672,092 00 


82 


PhlUipston, . 




205 


294,353 00 


38 


Princeton, 




336 


712,603 00 


84 


Royalston, 




390 


823,257 00 


97 


Rutland, 




287 


507,516 00 


62 


Shrewsbury, . 




461 


1,109,424 00 


1 28 


Southborough, 




491 


952,552 00 


1 15 


Southbridge, . 




839 


1,304,825 00 


1 66 


Spencer, 




739 


1,294,031 00 


1 60 


Sterling, 




475 


978,871 00 


1 17 


Sturbrldge, . 




596 


840,096 00 


1 10 


Sutton, . 




692 


1,046,341 00 


1 34 


Templeton, . 




807 


1,089,950 00 


1 43 


Upton, . 




566 


722,751 00 


96 


Uxbridge, 




846 


1,618,969 00 


1 95 


Warren, 




290 


914,797 00 


1 02 


Webster, 




785 


1,045,039 00 


1 38 


West Boylston, 




602 


886,550 00 


1 14 


West Brookfield, . 




403 


643,823 00 


81 


Westborough, 




662 


1,227,016 00 


1 49 


Westminster, . 




474 


745,615 00 


95 


Winchendon, 




739 


1,035,229 00 


1 35 


Worcester, . 




6,380 


17,626,453 00 


19 91 






41,320 


$75,412,160 00 


$92 17 



1861. 

COUNTY 



— Chapter 110. 

OF HAMPSHIRE. 



431 



'1' O W N S . Polls. 


Property. 


Tax of $1,000, iii- 
clurting polls at 
half a mill each. 


Amherst, 




775 


$1,581,521 00 


fl 89 


Belchertown, . 




700 


1,063,603 00 


1 35 


Chesterfield, . 




246 


415,746 00 


52 


Cuminington, 




292 


354,219 00 


48: 


Easthampton, 




369 


924,567 00 


1 06 


Enfield, . 




268 


583,850 00 


69 


Goshen,. 




113 


157,942 00 


21 


Granby, 




261 


476,382 00 


58 


Greenwich, . 




200 


268,824 00 


36 


Hadley, . 




517 


1,249,679 00 


1 45 


Hatfield, 




353 


1,071,747 00 


1 19 


Huntington, . 




317 


442,651 00 


58 


Middlefield, . 




202 


308,332 00 


39 


Northampton, 




1,565 


3,689,965 00 


4 29 


Pelham, . 




188 


174,513 00 


26 


Plainfield, . 




206 


246,735 00 


34r 


Prescott, 




165 


245,168 00 


31 


South Hadley, 




552 


1,040,303 00 


1 26 


Southampton, 




306 


496,462 00 


62 


Ware, . 




866 


1,309,890 00 


1 68 


Westhampton, 




157 


298,404 00 


36 


Williamsburg, 




521 


906,206 00 


1 12 


Worthington, 




269 


430,943 00 


54 






9,408 


$17,737,649 00 


$21 53 



12 



432 



1861.— Chapter 110. 

COUNTY OF HAMPDEN. 



TOWNS. 


Polls. 


Property. 


Tax of $1,000, in- 
cluding polls at 
half a mill each 


Agawam, 




390 


$693,008 00 


fO 85 


Blandford, 




345 


519,151 00 


66 


Brimfield, 




356 


700,972 00 


84 


Chester, 




313 


456,635 00 


59 


Chicopee, 




1,795 


2,782,288 00 


3 54 


Granville, 




384 


411,508 00 


58 


Holland, 




111 


147,186 00 


20 


Holyoke, 




1,134 


2,080,834 00 


2 54 


Longmeadow, 




377 


917,994 00 


1 06 


Ludlow, 




308 


440,734 00 


57 


Monson, 




658 


1,103,143 00 


1 37 


Montgomery, 




98 


156,175 00 


20 


Palmer, . 




961 


1,167,291 00 


1 59 


Russell, . 




158 


198,462 00 


27 


Southwick, . 




332 


593,595 00 


73 


Springfield, . 




4,023 


8,669,806 00 


10 23 


Tolland, 




141 


280,774 00 


34 


Wales, . 




189 


277,868 00 


36 


Westfield, . 




1,368 


2,801,834 00 


3 34 


West Springfield, 




512 


1,011,772 00 


1 22 


Wilbraham, . 




516 


841,633 00 


1 06 






14,469 


$26,252,663 00 


$32 14 





COUNTY OF 


FRANKLIN. 




Ashfield, 




353 


$606,201 00 


$0 75 


Bernardston, 


• 


258 


444,496 00 


55 



1861.— Chapter 110. 

COUNTY OF FRANKLIN— Continued. 



4eS3 



TOWNS. 


Polls. 


Property. 


Tax of $1,000, in- 
cluding polls at 
half a mill each. 


Buckland, 






452 


1497,592 00 


10 70 


Charlemont, 






267 


392,972 00 


50 


Colrain, 






426 


555,814 00 


74 


Conway, 






437 


725,055 00 


91 


Deerfield, 






791 


1,181,066 00 


1 51 


Erving, , 






146 


163,601 00 


23 


Gill, . 






173 


380,385 00 


45 


Greenfield, 






826 


1,534,425 00 


1 87 


Hawley, 






197 


225,604 00 


31 


Heath, . 






156 


255,580 00 


32 


Leverett, 






254 


292,830 00 


40 


Leyden, 






136 


273,648 00 


33 


Monroe, 






61 


83,091 00 


11 


Montague, 






393 


564,033 00 


73 


New Salem, . 






294 


347,945 00 


48 


Northfield, . 






457 


708,226 00 


90 


Orange, 






468 


543,346 00 


75 


Rowe, . 






146 


223,313 00 


28 


Shelburne, 






406 


682,660 00 


85 


Shutesbury, . 






219 


221,007 00 


32 


Sunderland, 






203 


345,843 00 


43 


Warwick, 






271 


342,556 00 


46 


Wendell, 






168 


232,771 00 


31 


Whately, 




• 


305 


624,902 00 


74 








8,263 


$12,448,961 00 


$15 93 



434 



1861.— Chapter 110. 

COUNTY OF BERKSHIRE. 



TOWNS. 


Polls. 


Property. 


Tax of §1,000, in- 
cluding polls at 
half a mill each. 


Adams, . . . . 


1,575 


$2,543,095 00 


$3 21 


Alford, .... 


144 


320,018 00 


37 


Becket, 


408 . 


431,652 00 


61 


Cheshire, 


390 


646,771 00 


8(1 


Clarksburg, . 


91 


107,505 00 


IS 


Dalton, . . . . 


293 


733,646 00 


85 


Egremont, 


294 


452,030 00 


58 


Florida, 


159 


119,316 00 


19 


Great Barrington, . 


859 


1,843,798 00 


2 17 


Hancock, 


191 


494,484 00 


56 


Hinsdale, 


397 


557,661 00 


73 


Lanesborough, 


326 


641,.549 00 


77 


Lee, . . . . 


956 


1,731,778 00 


2 12 


Lenox, . . . . 


411 


821,416 00 


98 


Monterey, 


191 


306,184 00 


39 


Mount Washington, 


53 


79,294 00 


10 


New Ashford, 


65 


112,993 00 


14 


New Marlborough, 


431 


616,976 00 


80 


Otis, . . . . 


270 


256,822 00 


38 


Peru, . . . . 


119 


218,200 00 


27 


Pittsfield, 


1,820 


5,059,907 00 


5 71 


Richmond, 


240 


489,346 00 


58 


Sandisfield, . 


385 


544,922 00 


70 


Savoy, . . . . 


232 


268,439 00 


37 


Sheffield, 


571 


1,103,728 00 


1 34 



1861.— Chapter 110. 

COUNTY OF NORFOLK— Continued. 



435 



TOWNS. 


rolls. 


Propert3'. 


Tax of iSl,O0O, in- 
cluding polls at 
half a mill each. 


Stockbridge, . 
Tyrlngham, . 
Washington, . 
West Stockbridge, 
Williamstown, 
Windsor, 


426 
179 
228 
305 
617 
211 


i|976,256 00 
293,228 00 
301,441 00 
602,010 00 

1,173,222 00 
337,275 00 


n 14 

37 
40 
72 
1 42 
43 




12,844 


$24,186,962 00 


^29 36 





COUNTY OF 


NORFOLK. 




Belli ngham, 






319 


$474,259 00 


10 61 


Braintree, 






932 


1,431,960 00 


1 82 


Brookline, 






1,131 


10,598,546 00 


10 62 


Canton, 






802 


2,015,398 00 


2 31 


Cohasset, 






443 


1,018,224 00 


1 20 


Dedham, 






1,642 


4,379,743 00 


4 97 


Dorchester, 






2,446 


10,880,383 00 


11 .53 


DoTer, . 






157 


344,741 00 


40 


Foxborough, 






720 


1,287,735 00 


1 58 


Franklin, 






553 


811,637 00 


1 04 


Medfield, 






279 


601,491 00 


71 


Medway, 






786 


1,210,746 00 


1 54 


Milton, . 






672 


3,393,720 00 


3 55 


Needham, 






715 


1,604,985 00 


1 88 


Quincy, 






1,630 


3,870,000 00 


4 48 


Randolph, 




• 


1,517 


2,726,059 00 


3 35 



436 



1861.— Chapter 110. 

COUNTY OF NORFOLK— Continued. 



TOWNS. 



Roxbury, 
Sharon, 
Stoughton, 
West Roxbury, 
Walpole, 
Weymouth, . 
Wrentham, . 



5,463 
374 

1,332 

1,411 
540 

2,211 
751 



26,826 



Property. 



$24,000,000 00 
651,213 00 

1,758,237 00 
8,337,578 00 
1,035,854 00 
3,119,993 00 
1,248,397 00 



Tax of $1,000, in- 
cluding polls at 
half a mill each. 



$86,800,899 00 



COUNTY OF BRISTOL 



$25 49 
81 
2 33 
8 62 
1 26 
4 06 
1 56 



72 



Acushnet, 




313 


$784,837 00 


$0 90 


Attleborough, 




1,385 


2,466,316 00 


3 03 


Berkley, 




205 


317,290 00 


40 


Dartmouth, . 




897 


2,948,785 00 


3 25 


Dighton, 




438 


711,454 00 


89 


Easton, . 




817 


1,064,221 00 


1 42 


Falrhaven, 




809 


3,596,609 00 


3 81 


Fall River, . 




3,279 


10,923,746 00 


12 00 


Freetown, 




368 


802,214 00 


94 


Mansfield, 




558 


711,080 00 


95 


New Bedford, 




5,454 


24,196,138 00 


25 68 


Norton, 




452 


818,451 00 


1 01 


Pawtucket, . 




951 


2,000,391 .00 


2 37 


Raynham, 




438 


1,030,743 00 


1 20 


Rehoboth, 




490 


884,436 00 


1 08 



1861.— Chapter 110. 

COUNTY OF BRISTOL— Continued. 



437 



TOWNS. 


Polls. 


Property. 


Tax of §1,000, in- 
cluding polls at 
half a mill each. 


Seekonk, 
Somerset, 
Swanzey, 
Taunton, 
Westport, 


555 
495 
357 
3,521 
709 


$1,365,550 00 

914,070 00 

743,335 00 

8,211,023 00 

1,803,564 00 


U 57 

1 12 
88 

9 55 

2 06 




22,491 


166,294,256 00 


$74 11 



COUNTY OF PLYMOUTH 



Abington, 




2,210 


13,279,465 00 


U 21 


Bridgewater, 




841 


1,878,831 00 


2 20 


Carver, . 


* 


313 


490,290 00 


62 


Duxbury, 




670 


1,076,386 00 


1 38 


East Bridgewater, 




877 


1,327,734 00 


1 70 


Halifax, 




300 


321,449 00 


45 


Hanover, 




453 


821,527 00 


1 01 


Hanson, 




358 


541,567 00 


69 


Hingham, 




1,211 


2,481,366 00 


2 95 


Hull, . 




64 


179,078 00 


20 


Kingston, 




440 


1,303,308 00 


1 46 


Lakeville, 




327 


572,242 00 


70 


Marion, 




244 


469,164 00 


56 


Marshfield, . 




472 


729,709 00 


93 


Mattapoisett, . 




410 


815,890 00 


99 


Middleborough, 




1,255 


2,260,826 00 


2 76 


North Bridgewater, 


1,577 


2,173,965 00 


2 85 



4m- 



1861.— Chapteb, 110. 

COUNTY OF PLYMOUTH— Continued. 



TOWNS. 


Polls. 


Property. 


Tax of $1,000, in- 
cluding polls at 
half a mill each. 


Peiaabroke, 


435 


1606,200 00 


m 79 


Plymouth, 


1,507 


3,138,613 00 


3 73 


Plympton, 


278 


366,835 00 


49 


Rochester, 


345 


592,766 00 


73 


Scituate, 


583 


944,524 00 


1 19 


South Scituate, 


470 


922,853 00 


1 11 


Wareham, 


867 


1,101,947 00 


1 48 


West Bridgewater, 


454 


764,408 00 


95 




16,961 


$29,160,937 00 


P6 13 



COUNTY OF BARNSTABLE 



Barnstable, . 


1,245 


12,041,534 00 


,12 56 


Brewster, 


340 


636,333 00 


77 


Chatham, 




621 


886,157 00 


1 15 


Dennis, . 




773 


1,108,054 00 


1 44 


Eastham, 




214 


226,795 00 


33 


Falmouth, 




700 


1,323,308 00 


1 60 


Harwich, 




775 


841,833 00 


1 19 


Orleans, 




404 


487,914 00 


66 


Provincetown, 




806 


1,263,695 00 


1 60 


Sandwich, 




988 


1,644,433 00 


2 05 


Truro, . 




450 


381,429 00 


59 


Wellfleet, . 




561 


617,596 00 


87 


Yarmouth, 




629 


1,162,120 00 


1 41 






8,506 


112,621,201 00 


$16 22 



1861.— Chapters 111, 112, 113. 
county of dukes county 



TOWNS. 


Polls. 


Tax of $1,000, in- 

Property. eluding polls at 

half a mill each. 


Chilmark, . 
Edgartown, . 
Tisbury, 


182 
546 
471 


1598,863 00 

1,369,721 00 

989,610 00 


$0 66 
1 57 
1 13 




1,199 


$2,908,194 00 


P 36 



COUNTY OF NANTUCKET 



jNantucket, . 



1,500 



J,875,598 00 



14 42 



Approved March 28, 1861. 



439 



An Act concerning the stoneham branch railroad company. QJidn, \\\ 
Be it enacted, Sfc, asfoUoios: 

Section 1. Tlie Stoneham Branch Railroad Company, county commss- 

i •' ' sioners to direct 



and control 

crossings. 



incorporated under the two hundred and sixty-eighth cliap- 
ter of the laws of the year eighteen hundred and fifty-nine, 
are hereby allowed to construct their railroad across high- 
ways and town ways, at such grade and in such manner as 
the county commissioners may specify and direct. 

Section 2. This act shall take effect upon its passage. 

Approved March 28, 1861. 



An Act IN RELATION TO NOTICE TO CREDITORS OF PERSONS ARRESTED QJidyy WH 
ON MESNE PROCESS AND EXECUTION. "' 

Be it enacted, Sfc, as follows : 

Whenever the notice permitted by the thirteenth section Time of exami- 
of the one hundred and twenty-fourth chapter of the Gen- uce. 
eral Statutes shall be served, by leaving a copy thereof at 
the last and usual place of abode of the plaintiff or creditor, 
his agent or attorney, not less than twenty-four hours shall 
be allowed before tlie time apointed for the examination. 

Approved March 30, 1861. 



C%j. 113 



An Act for the appointment of special coroners. 
Be it enacted, Sfc, as follows : 

Section 1. Tlie governor, by and with the consent of the special coroners, 

.1 , 11 .° 7 ./ _ powers defined. 

council, shall appoint one or more special coroners tor eacli 
couuty in this Commonwealth, who shall have all the powers 

13 



440 1861.— Chapters 114, 115, 116, 117, 118. 

that coroners now have, and be subject to all the laws of 
this Commonwealth in relation thereto. 
Po^^ers^of coro- SECTION 2. No coroucr, exccpt such as shall be appointed 
under the first section of this act, shall have power to serve 
lawful processes, nor be required to give a bond exceeding 
the sum of five hundred dollars. Approved March 30, 1861. 



Chan 114 "^^ "^^^ establishing the salary of the sheriff of the county 

^ * of BERKSHIRE. 

Be it enacted, Sj-c, asfolloivs: 

The salary of the sheriff of the county of Berkshire shall 
be eleven hundred dollars. Approved March 30, 1861. 



Chan 115 -^ -^^^ ^^ relation to police courts. 

Be it enacted., Sj-c, as follows: 
^lac^fVhoidfn Nothing contained in the twentieth section of the one 
court. hundred and sixteenth chapter of the General Statutes, 

shall authorize any police court to be held in any other 
place, than such as shall be provided therefor by the district 
for which such court may have been established. 

Approved March 30, 1861. 

Chap. 116 ^^ -^^^ ^^^ ^^^ RETURN of officers' FEES FOR SERVICE OP 
^' WARRANTS. 

Be it enacted, Sfc, as follows : 

All warrants issued under the provisions of the seventy- 
fifth chapter of the General Statutes of this Commonwealth, 
may be returned to the clerks of the superior court, and all 
fees thereon shall be allowed in the same manner that costs 
are now allowed in criminal proceedings. 

Apjproved March 80, 1861. 

Chan 117 ^ ^^^ extending the time for paying in the capital STOCK 

^ ■ OF the phenix insurance company. 

Be it enacted, Sfc, as follows. • 
Time extended Thc time allowcd by law for paying in the capital stock of 
^^^^^' the Phenix Insurance Company, in the town of Haverhill, 

is hereby extended one year. Approved March 80, 1861. 

Chan. 118 ^^ -^^^ ^^ addition to an act FOR SUPPLYING THE CITY OF WOR- 
■^' CESTER WITH WATER. 

Be it enacted, ^c, as follows: 
Right to use wa- SECTION 1 . In addition to the powers heretofore conferred, 
ter o^rXxt^n"^^" ^lic city of Worccster is authorized to take and convey into 
and through said city the waters of East or Lynde Brook in 
Leicester, or of any other stream or pond in Leicester or 
Paxton, and to take and hold any land, and build and 
maintain any structures necessary for said purpose, in the 



1861.— Chapters 119, 120, 121. 441 

manner, and subject to the liabilities and restrictions set 
forth in the one hundred and eighty-ninth chapter of the 
acts of eighteen hundred and fifty-six. 

Section 2. If at any time the supply of water from the 
source first fixed upon and selected shall be insufficient for 
the wants of said city, the said city may, by suitable works, 
conduct water from either of the other sources referred to 
in this act, or the act to which this is in addition, into the 
aqueduct first constructed, or into any reservoir therewith 
connected. 

Section 3. Said city is further authorized to take and Purchase of ne- 

11 •11 1 • i X J.1 • cessary land or 

hold by purchase, any lands or rights, and interests therein, rights. 
which may be necessary for the convenient accomplishment 
of the purposes of this act. 

Section 4. This act shall take effect on its passage. 

Approved March 30, 1861. 

An Act to increase the capital stock of the taunton copper Chap. 119 

MANUFACTURING COMPANY. 

Be it enacted, Sj^c, as folloios : 

The Taunton Copper Manufacturing Company is hereby Amount of in- 
authorized to increase its capital stock an amount not exceed- 
ing three hundred thousand dollars, and to invest the same investment. 
in real or personal estate, as may be necessary and con- 
venient for carrying on the business of said corporation : 
provided., hoivever, that this act shall be void unless said Proviso. 
corporation shall, at or before its next annual meeting, com- 
ply with the requirements of section two of chapter one 
Imndred and twenty-eight, of the acts of the year eighteen 
hundred and sixty. Approved April 1, 1861. 

An Act relating to horse railroad corporations. Chan 120 

Be it enacted, ^"c, as follows : 

Section 1. The provisions of the twentieth section of to make returns, 
the sixty-eighth chapter of the General Statutes, shall apply 
to horse railroad corporations, and such corporations are 
hereby required to do all such acts, and make such returns 
as other railroad corporations are required to do by the pro- 
visions of said twentieth section. 

Section 2. This act shall take effect upon its passage. 

Approved April 1, 1861. 

An Act relating to joint stock corporations. Chap. 121 

Be it enacted, Sfc, as follows: 

The tenth section of the sixty-first chapter of the General Relating to cer- 
Statutes is hereby so far amended, that the certificate therein 



442 186L— Chapter 122. 

required to be made, stating the amount of capital stock 
paid in, the name of each stockliolder and the number of 
shares held by him, the amount invested in real and per- 
sonal estate, and the amount of property owned by and 
debts due to the corporation, on the first day of November, 
next preceding the date of the certificate, may state the 
same matters, as they existed at the date of the annual 
meeting of said corporation, next preceding the date of 
said certificate ; and said certificate shall state the date of 
such annual meeting, and shall also state the amount of 
indebtedness of the corporation on the day of the date of 
the certificate, which shall be deposited with the clerk of the 
town or city where said corporation is located, within thirty 
days from and after the day of the annual meeting aforesaid. 

Approved April 1, 1861. 

Chat). 122 -^^ '^'^^ MAKING APPROPRIATIONS FROM THE MOIETY OF THE INCOME 
■* ' OF THE SCHOOL FUND APPLICABLE TO EDUCATIONAL PURPOSES. 

Be it enacted, Sfc, as folloios : 
Appropi-iations 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 school fund applicable to 
educational purposes, on the warrant of the governor, for 
the year one thousand eight hundred and sixty-one : 
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. 
Massachusetts For the Massachusctts Teachers' Association, the sum of 

cirtionr con^- thrcc huudrcd dollars, on condition that said association 
tionaiiy. shall fumish a copy of the Massachusetts Teacher to each 

school committee in the several cities and towns of the Com- 
monwealth during the year eighteen hundred and sixty-one, 
and furnish satisfactory evidence thereof to the auditor of 
the Commonwealth. 
Massachusetts For the Massacliusctts Teachers' Association, the sum of 

elation. thrcc hundred dollars, to be paid to the president or treasu- 

rer of the association in the month of August next, to be 
applied to the purposes of said association. 
fu'te"oT'instTuc'. ^^^^' ^''^ Amcricau Institute of Instruction, the sum of 
tion. three hundred dollars, to be paid to the president or treas- 

urer of said institute in the month of August next. 
Incidental ex- For postagc, printing, advertising, stationery, meteorolog- 
penses. .^^^ obscrvatioiis, and all other incidental expenses of the 

board of education or of the secretary thereof, and also for 
any contingent expenses of the normal schools not other- 
wise herein provided for, a sum not exceeding fifty-six 
hundred dollars. 



1861.— Chapter 123. ^ 443 

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

, ., 1 1 11 of educatioa. 

two thousand dollars. 

For the support of one or more agents of the board of Agents of board. 
education, in accordance with chapter thirty-four, section 
nine, of the General Statutes, a sum not exceeding twenty- 
five hundred dollars. 

For teachers' institutes, in accordance with chapter thirty- Teachers' insti- 
five, section two, of the General Statutes, the sum of twenty- 
eight hundred dollars. 

For the support of state scholarships, in accordance with state scholar- 
chapter thirty-seven of the General Statutes, the sum of ^'^'^^' 
forty-five hundred dollars, in addition to the sum of three 
hundred dollars now in the hands of the treasurer of the 
board of education, which he is hereby authorized to apply 
for the same purpose. 

For aid to pupils in the state normal schools, in accord- Aid to normal 
ance with the resolves of the year one thousand eight hun- p'^p^^- 
dred and fifty-three, chapter sixty-two, a sum not exceeding 
four thousand dollars. 

For the expenses of the secretary of the board of educa- secretary's ex- 
tion, in accordance with chapter thirty-four, section eight, -^®°^®''' 
of the General Statutes, a sum not exceeding four hundred 
dollars. 

For the expenses of the memb.ers of the board of educa- Members' ex- 
tion, in accordance with the provisions of chapter thirty- p®"^*^*- 
four, section ten, of the General Statutes, a sum not exceed- 
ing two hundred dollars. 

For the support of certain Indian schools, in accordance Indian schools. 
with the provisions of chapter thirty-six, section five, the 
sum of four hundred and five dollars. 

For county associations of teachers, in accordance with county teachers' 
chapter thirty-five, section four, of the General Statutes, a associations. 
sum not exceeding six hundred dollars. 

For the enlargement and repairs of the Bridgewater Nor- Bridgewater 
mal School building, a sum not exceeding four thousand bufiding!*^ ^° 
five hundred dollars. 

Section 2. This act shall take effect upon its passage. 

Approved April 1, 1861. 
An Act to confirm the reduction in the stock of the bay Cfiap. 123 

STATE BANK. "* 

Be it enacted, §'c., as follows : 

The proceedings whereby the capital stock of the Bay Proceedings con- 
State Bank in Lawrence was reduced to the sum of three ^™*''*- 
hundred and seventy-five thousand dollars, by virtue of 
chapter twenty-five of the acts of the year eighteen hundred 
and sixty, are hereby confirmed. Approved April 1, 1861. 



444 



1861.— Chapters 124, 125, 126. 



Chap. 124 

Corporators. 

Title. 

Purpose. 

Location. 

Rights, duties, 
&c. 



Capital. 
Shares. 



Chap. 125 



An Act to incorporate the claflin mills. 
Be it enacted, ^-c, as follows: 

Section 1. Asa P. Smith, Simon A. Kiiowles, Lucius M. 
Smith, their associates and successors, are hereby made a 
corporation by the name of the Clafiin Mills, for the purpose 
of manufacturing cotton and other fibrous materials in the 
town of Grafton, in the county of Worcester, 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 sixtieth and sixty-eighth chapters of the General 
Statutes. 

Section 2. Said corporation may hold for the purposes 
aforesaid, real estate to the amount of sixty thousand dol- 
lars, and the whole capital stock of said corporation shall 
not exceed one hundred thousand dollars, in shares of one 
hundred dollars each ; and no shares of said corporation 
shall be issued for a less sum and 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 upon its passage. 

Approved April 1, 1861. 

An Act to increase the capital stock and change the loca- 
tion OF THE AMERICAN FLAX COTTON COMPANY. 

Be it enacted, ^'c, as follows : 

Section 1. The American Flax Cotton Company are 
hereby authorized to increase their capital stock to five hun- 
dred thousand dollars, and to change the location of the 
manufactory of said company, from the town of Watertown, 
in the county of Middlesex, to Boston, in the county of 
Suffolk. 

Section 2. In addition to the powers heretofore granted, 
said corporation shall have authority to manufacture from 
the fibres of flax, hemp, or other fibrous plants, a substance 
resembling wool or cotton, for use or sale ; also to hold 
letters patent and patent rights for methods and processes 
of such manufacture, and for machinery connected there- 
with, or for improvements thereon, and to sell to others such 
rights, and to grant licenses to others to manufacture, and 
vend and use said patent rights, and processes, and improve- 
ments, in places within the limits of said Commonwealth. 

Approved April 1, 1861. 

. 126 An Act concerning the trustees of the ministerial fund in 
woburn, and the first congregational society in woburn. 

Be it enacted, Sfc, as follows . • 

May apply to s. SECTION 1. The trustccs of the ministerial fund in 

J. court lor leave 

to appropriate Wobum, iucorporatcd by an act passed on the twenty-fourth 



Capital. 



Manufacture of 
flax, hemp, &c. 



Patent rights. 



Sale of rights, 
licenses, &c. 



Chap 



1861.— Chapter 127. 445 

day of February in the year eighteen hundred and ten, and funds to pay 
the First Congregational Society in Woburn, are hereby 
authorized to apply to the supreme judicial court in tiie 
county of Middlesex or Suffolk, by a bill in equity, for leave 
and authority to use and apply tlie funds in the hands of 
said trustees for the payment of the debts of said First 
Congregational Society. 

Section 2. Tlie supreme judicial court, upon the filing court to order 
of said application, shall order notice thereof to be given to ^^^^ ' 

all parties interested, by publishing the same in some news- 
paper published in the county of Middlesex, at least three 
weeks before a hearing on said application ; and after such May grant leave 
notice has been given, the court are hereby authorized to case^^tc."^" 
decree, if they are satisfied that the interests of said First 
Congregational Society require it, that said trustees shall use 
and apply all that portion of the funds in their hands arising 
by accumulation, or in any other way, from the proceeds of 
the sale of pews in a meeting-house named in the act afore- 
said incorporating said trustees, to the payment of the debts 
of said First Congregational Society in Woburn; and such Decree to absolve 
decree shall forever absolve said trustees from any obliga- *''"^'®^^- 
tion to apply that portion of the funds so used, for the pay- 
ment of the debts of said society, to any other purpose or 
object. 

Section 3. This act shall take effect upon its passage. 

Approved April 1, 1861. 



Chap. 127 



An Act for the protection op agricultural societies and 
farmers' clubs. 

Be it enacted, §'c., as follows : 

Section 1. Any agricultural society or farmers' club May establish 
shall have power and authority to establish such regulations ""^suiations. 
as it may deem necessary and expedient for the preservation 
of peace and good order of said society at its regular or 
annual meetings, shows, fairs or exhibitions, or for the pro- 
tection of the interests of the same during such shows, fairs 
or exhibitions : provided, that said regulations shall not be 
repugnant to the laws of the Commonwealth ; and provided, Provisos. 
also, that said society shall cause at least five copies of its 
regulations to be posted in as many public places on the 
grounds of said society, not less than forty-eight hours before 
the time of holding its meetings. 

Section 2. No person shall, during the time of holding Tents, booths, 
any cattle-show, fair or exhibition, or meeting of any far- *"'■ 
mers' club, establish any tent, booth, or vehicle of any kind, 
within one-half mile of the place of holding said shows or 



446 1861.— Chapters 128, 129. 

meetings, for the purpose of vending any goods, wares, 
merchandise, provisions or refreshments, without the con- 
sent of the proper authorities having charge of the same; 

Gaming, racing, uor shall anj pcrsou be allowed to engage in any gaming, or 

mwted""^^ ^'^° horse-racing, or to exhibit any show or play during the time 
of holding any cattle-show, agricultural fair or meeting of 

Proviso. any farmers' club at any regular or stated time : provided, 

that any person having his regular place of business within 
such limits is not hereby required to suspend his business. 

Penalty. SECTION 3. If any person shall violate any of the pro- 

visions of this act, he shall forfeit for each offence a sum not 
exceeding twenty dollars. 

Section 4. This act shall take effect upon its passage. 

Approved April 2, 1861. 

Chat) 128 -^ ■^^^ ^^ ENABLE THE CITY OF SPRINGFIELD TO CONVEY CERTAIN 
-* * REAL ESTATE. 

Be it enacted, §t., as follows : 
Poor-house farm, SECTION 1. The city of Springfield is hereby authorized 
city may convey. ^^ givc, grant and couvcy, the city farm, otherwise known as 
the poor-house farm, to any association or corporation, 
which shall be duly organized for the purpose of establishing 
an Agricultural School or College, in or near said Spring- 
field ; said grant to be conditioned for the promotion of 
agriculture. 
Conditions of SECTION 2. Said coiiveyancc shall be made in conformity 
with the provisions of the charter and ordinances of the city, 
and upon the express condition, that the assent of a majority 
of the legal voters of said city, voting thereon, shall be 
obtained thereto, at a meeting to be called and conducted in 
accordance with the requirements of the charter and ordi- 
nances of said city concerning public meetings. 

Approved April 2, 1861. 



conveyance. 



Chap. 129 



An Act authorizing the town of clinton to make an appro- 
priation. 
Be it enacted, Sfc, as follows: 
May appropriate The towu of Cliutou iu the couuty of Worcester is hereby 
formT"''"^^ ""' authorized to appropriate the sum of one thousand dollars 
for the purpose of purchasing a suitable vmiform for the 
members of Company C, Ninth Regiment of the Massachu- 
Proviso. setts Volunteer Militia : provided, hoivever, that at a public 

town meeting legally held for that purpose, two-thirds of the 
voters of said town present and voting thereon, shall vote 
to make such appropriation. Approved April 2, 1861. 



1861.— Chapters 130, 131, 132, 133. 447 

An Act concerning guardians and wards. Chap. 130 

Be it enacted, ^"c, as follows : 

Section 1. The provisions of the twenty-third section of to'^eg^'fJof^PPjf. 
the one hundred and ninth chapter of the General Statutes, residents. 
are hereby extended and sliall be construed to apply to the 
estate of any person under guardianship, residing without 
the state. 

Section 2. This act shall take effect upon its passage. 

Approved April 2, 1861. 

An Act in relation to liens upon buildings and lands. Chap. 131 
Be it enacted, Sfc, as follows : 

Section twenty-eight of chapter one hundred and fifty of Liuiitation of 
the General Statvites, is hereby so far amended, that the 
attaching creditor shall be preferred only to the extent of 
the value of the buildings and land, as they were when the 
labor was commenced, or the materials furnished for which 
the lien is claimed. Approved April 2, 1861. 

An Act in relation to school districts. Chan. 132 

Be it enacted, ^c, as follows: 

Section 1. Any two or more contiguous school districts contiguous dis- 

, • J.1 • r~\ lii I -ii Ti? trlcts may unite. 

in any town in this Commonwealth, may be united and lorm 
one school district : provided, that at a legal town meeting 
held for tliat purpose, a majority of the voters present and 
voting thereon shall be in favor of such union. 

Section 2. Such school district when formed, shall have Privileges and re- 

n .1 . ., 1 , , . ,,.,.,.. stnctions. 

ail tlie powers, privileges, and be subject to the liabilities, of 
school districts under the law of this Ccmimon wealth. 
Section 3. This act shall take effect upon its passage. 

Approved April 2, 1861. 



An Act in addition to "An Act to establish the city of 
charlestown." 



Chap. 133 

Be it enacted, Sfc, as follows : 

Section 1. The board of aldermen of the city of Charles- Board of aider- 
town shall hereafter consist of nine members, three to be °'^°' 
selected from each ward ; and the same shall be elected by 
the inhabitants of the city at large, voting in their respec- 
tive wards. 

Section 2. This act shall not go into operation until a Act to take effect 
majority of the citizens voting thereon by ballot, shall accept ^i^en accepted. 
the same, at ward meetings duly notified for the purpose ; 
and if this act shall be so accepted, it shall take effect upon 
its acceptance : provided, however, that the vote thereon Proviso. 
may be taken at the next annual state election in November 
14 



448 



1861.— Chapters 134, 135. 



next ; and if then accepted, it shall go into operation at the 
then next ensuing municipal election in said city, in the 
month of December following. Ajjproved April 2, 1861. 



Chap. 134 



May borrow 
$25,000. 



An Act to authorize the commissioners for the county of 

ESSEX, to borrow MONEY FOR THE ERECTION AND ALTERATIONS 
OP PUBLIC BUILDINGS. 

Be it enacted, ^c, as follows: 

The county commissioners for the county of Essex, are 
hereby authorized and empowered to borrrow, on the credit 
of said county, in addition to the amount of debt they are 
now authorized to contract, a sum not exceeding twenty-five 
thousand dollars ; the same to be expended by said commis- 
sioners, or their successors in office, in erecting a building 
for the use of the courts and public offices, in connection 
with the court house in the city of Salem, if the commis- 
sioners shall so determine. Approved April 2, 1861. 



Chap. 135 -^^ -^C!T TO INCORPORATE THE DEDHAM AND WEST ROXBURY RAIL- 
ROAD COMPANY. 

Be it enacted, Sfc, as follows: 

Corporators. SECTION 1. Johu T. Wliittcmore, Joseph P. Woodbury, 

Charles G. Mackintosh, William Whiting, Andrew S. March, 
Harrison G. Hunt, T. B. Moses, Everett C. Banfield, Eras- 
tus Worthington, Josiah W. Hubbard, George H. Wil- 
liams, Waldo Colburn, William C. Hibbard, Thomas G. 

Title. Whytal, their associates and successors, are hereby made a 

corporation by the name of the Dedham and West Roxbury 

Powers. Railroad Company ; with power to construct, maintain and 

use a railway or railways, with convenient single or double 

Route. tracks, commencing upon the Dedham Turnpike, now called 

Shawmut Avenue, in West Roxbury, at the junction of said 
avenue with the Boston and Providence Railroad, at or near 
Forest Hills Station ; and from that point upon and over 
said avenue, South, Austin and Spring Streets, to the divid- 
ing line between West Roxbury and Dedham, at or near the 
Vine Rock Bridge ; and from said dividing line, upon and 
over said Vine Rock Bridge and the public streets or high- 
ways, to the court house in Dedham ; and upon and over 
such streets or highways in Dedham, to such point or points 
in said town as may, from time to time, be fixed and deter- 
mined, in the manner hereinafter provided and assented to 
in writing by this corporation. Said railroad shall be built 
and completed to, at or near the court house in said Ded- 
ham, within the time specified in this act. Said railroad 
may be constructed upon any other streets or highways in 



1861.— Chapter 135. 449 

West Roxbury, designated in the manner hereinafter pro- 
vided, and assented to in writing by this corporation, neces- 
sary and proper for opening horse raih'oad accommodations 
between Vine Rock Bridge and the aforesaid junction 
of Shawmut Avenue with the Boston and Providence 
Railroad. 

Section 2. Said corporation is hereby authorized, with construction and 

, , I' 1 Tin 1} J.^ •!. c T* maintenance in 

the consent or the mayor and aldermen oi tlie city oi Kox- Roxbury and w. 
bury, and the selectmen of West Roxbury, respectively, to i^°='''"'"y- 
construct, maintain and use a railway or railways, with 
convenient single or double tracks, upon ■ said Shawmut 
Avenue, in West Roxbury and the city of Roxbury, between 
the junction of said avenue with the Boston and Providence 
Railroad, at or near Forest Hills Station and the terminus 
of the Metropolitan Railroad on said avenue in the city of 
Roxbury : provided, the Metropolitan Railroad Company Proviso. 
and the West Roxbury Railroad Company, or either of 
them, shall not commence constructing a railway between 
those points as soon as the railroad track of this corporation 
is constructed upon the whole route herein before designated, 
between Dedham and said junction, and" prosecute the same 
with reasonable despatch, and complete the same ready for 
use within forty-five days after the road is built from said 
Dedham to said junction : provided, that the selectmen of said 
town of Dedham shall grant a location to said company over 
so much of said route as lies in said town ; but if such loca- 
tion is refused, then said company is authorized to commence 
building their road at Baker Street, in said West Roxbury. 
If the Metropolitan Railroad Company, or the West Roxbury Failure of Metro- 
Railroad Company, or either of them fail to commence and Koxbury°comp^a- 
construct within the time herein specified, that part of the constructTor^as 
i-ailroad between said iunction and the terminus of the Me- specified, to bar 

• 1 • p tliem thereafter. 

tropolitan Railroad on said Shawmut Avenue, m the city oi 
Roxbury, and embraced in their respective cliarters, they, or 
either of them, shall be forever prohibited from constructing 
the same, and that right shall be vested in this corporation ; 
and provided nothing herein contained shall authorize this Proviso. 
corporation to build said last mentioned railway or otherwise 
to restrict the rights heretofore granted to the Metropolitan 
and West Roxbury Railroad Companies by their respective 
charters, if said companies shall make, in good faith, appli- 
cation to the mayor and aldermen of the city of Roxbury, 
and the selectmen of the town of West Roxbury, for location 
of their respective roads over so much of that part of Shaw- 
mut Avenue as lies in said city and town north of the 
northern terminus of this corporation, as stated in section 



450 1861.— Chapter 135. 

one, and either of them shall have failed to obtain the same 

after making reasonable and proper exertion in that behalf. 

Notice to abut- SECTION 3. Before proceedinar to locate the track or 

ters b}' munici- , ,. r» ^ , i-i -ii •ii>T> 

pal authorities, tracks in anj ot tlie streets or highways in the city oi Kox- 

bury, or the towns of West Roxbury and Dedham, the mayor 

and aldermen of said city, and the selectmen of said towns, 

shall give notice thereof, at the expense of said railroad 

company, to the abutters on said streets or highways, by 

publication in such newspapers in the counties of Norfolk 

and Suffolk as they shall determine, at least three successive 

weeks before such meeting, of the time and place when and 

where they will fix and determine the location and manner 

of constructing such track, or tracks, and such abutters may 

then and there appear and show cause, if any there be, why 

such track or tracks shall not be so constructed and located ; 

and if the selectmen of said towns, or either of them, shall 

refuse to locate the same, the location thereof may be ordered 

by a majority of the legal voters present and voting thereon 

at any town meeting held for that purpose. 

Construction and Seciiox 4. Said railroad shall be constructed and main- 
maintenance, i • J • 1 T r> 1 J 

tamed m such manner and lorm, upon such gauge and 
grade as the mayor and aldermen of said city, and the 
Alteration of selectmcn of Said towns, shall prescribe and direct; and 
grade. wheucver it shall be necessary to alter the grade of any 

street or highway so occupied by it, such alteration may be 
Proviso. made at the sole expense of said corporation : provided, the 

same shall be assented to by the mayor and aldermen of 
said city of Roxbury, and the selectmen of said towns, 
respectively. 
Motive-power. SECTION 5. Said rallroad shall be operated with horse- 

speed and mode powcr ouly. Thc mayor and aldermen of said city, and the 
ulated. '^"'^ '■''^' selectmen of said towns, shall regulate the speed and mode 
Discontinuance of usc of Said railroad ; and at any time after the expiration 
of track. Qf Qj-,Q year from the opening for use of said railroad, in any 

street in which the same may be located, as provided by its 
charter, the mayor and aldermen of said city, and the select- 
men of said towns, may, by a vote of the majority, deter- 
mine as to the said track, that the same or any part thereof 
be discontinued ; and thereupon the location shall be deemed 
revoked, in conformity with such vote : provided, that such 
taking and removal shall be at the expense of the said rail- 
road company. 
Highways occu- SECTION 6. Said corporatioii shall keep in repair such 
to'*maintorn.^'''°° portlous of the strccts and liighways as shall be occupied by 
their tracks, and sliall be liable for any losses and injuries 
sustained by any person by reason of carelessness or mis- 



1861.— Chapter 135. 451 

conduct of its agents or servants in the management, con- 
struction or use of said road. 

Section 7. If said corporation discontinues the use of umised track to 
any part of its raih-oad, it sliall remove the same from the wghTa7reparred 
streets or liighways, and shall put the streets where the same 
is removed in as good condition for public travel as they 
were in when first occupied by said railroad. 

Section 8. Said corporation is authorized to sell, lease corporation may 
or transfer its franchise and all its property or rights, or chise. 
any part thereof, to any other similar corporation, on such 
terms as may be mutually agreed upon, and make and exe- 
cute all instruments necessary for that purpose ; and the 
corporation purchasing the same shall have all the rights, 
and be subject to the requirements, restrictions and liabili- 
ties, herein contained. When a sale or transfer is made, Transfer to con- 
the capital stock shall become a part of the capital stock of ^°' ^®' " 
the purchasing corporation, but no sale or transfer by this 
corporation shall prevent the city of Roxbury, and the towns 
of West Roxbury and Dedham, from purchasing the same at 
the time and upon the provisions contained in section four- 
teen. 

Section 9. Said corporation shall have a right to con- May connect 
nect their railroad with the Metropolitan Railroad and the ''''^ °' "'■°* ^■ 
West Roxbury Railroad, but shall not run their cars over 
said railroads or use them in any manner without the con- 
sent of said corporations respectively, and only on such 
terms as may be mutually agreed upon. 

Section 10. The capital stock of said corporation shall capital. 
not exceed the sum of one hundred and thirty thousand 
dollars, to be divided into shares of one hundred dollars shares. 
each, and no shares shall be issued for a less amount than 
the par value actually paid in. 

Section 11. Said corporation shall have power to pur- Real estate. 
chase and hold such real estate in the city of Roxbury, and 
tlie towns of West Roxbury and Dedham, as may be neces- 
sary and proper for the management of said railroad. 

Section 12. Nothins; in this act shall be construed to K'gh'f.of "i'?°»- 

. , . , ^ „ , . x> i 1 cipalities not 

prevent said city and towns irom taking up any oi the abridged. 
streets or highways traversed by said railroad for any 
purpose for which they may lawfully take up the same. 

Section 13. If any person shall wilfully or maliciously Penalty for ob 
obstruct said corporation or its agents or servants in the use ration'"^ ''°^^°' 
of said railroad or its tracks, or in the passing of the cars 
thereon, such person and all aiding and abetting therein 
shall be punished by a fine not exceeding five hundred 
dollars, or may be imprisoned in the county jail not exceed- 



452 1861.— Chapter 136. 

Obstruction by ing three months. If said corporation or its agents or 

corpora ion. gervants shall wilfully or maliciously obstruct any highway or 
the passing of any persons or carriages over the same, said 
corporation shall be punished by a fine not exceeding five 
hundred dollars. 

Municipalities Section 14. The aforesaid city and towns may at any 

time after the construction of said road, purchase of said 
corporation the franchise, and all the property of said cor- 

conditions. poratiou, by paying said railroad company tlierefor, such a 
sum as will reimburse to each person who may then be a 
stockholder therein, the par value of his stock together with 
a net profit of ten per cent, per annum from the time of the 
transfer of stock to him on the books of the corporation, 
deducting the dividends received by said stockholder thereon. 

Annual freturns, SECTION 15. Said corporatiou 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 to all such general provisions of law as are or 
may be prescribed respecting horse railroads. 

Act to be accept- SECTION 16. This act of incorporation shall be void, 

cfted"^ iT*^two imless accepted by the mayor and aldermen of said city, 

years. and tlic selcctmeu of said towns, and said road is located by 

them within two years from the passage of this act ; and if 
the selectmen of said towns, or either of them, refuse to 
accept said charter or locate said road, the same may be 
accepted and the location ordered by a majority of the legal 
voters present and voting thereon. 

Fare and freight. SECTION 17. Said corporatiou shall have power to fix 
from time to time, such rates of compensation for transpor- 
tation of persons and property, as they may think expedient ; 
but the rate of passenger fare shall not exceed five cents per 

PriTiiegesandre- mile to cacli passcngcr ; 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. 

Section 18. This act shall take effect upon its passage. 

Approved April 3, 1861. 

Chap. 136 An Act in relation to the sale op intoxicating liquors. 
Beit enacted, Sfc, as follows: 

i^epeai. Section 1. Thc one hundred and sixty-sixth chapter of 

the acts of eighteen hundred and sixty, entitled " An Act in 
relation to single acts of Drunkenness," is hereby repealed. 

forSflgent"! SECTION 2. If any town or city, or their agent, shall 
refuse or neglect to pay on delivery, for the liquors ordered 
by them of the state commissioner, pursuant to the eighty- 



1861.— Chapter 137. 453 

sixth chapter of the General Statutes, such town or city shall 
be liable to the commissioner for the full value of the bill of 
purchase with interest after thirty days : provided, however, ProTiso. 
that the mayor and aldermen of any city, or the selectmen 
of any town, may notify the commissioner, in writing, not to 
sell to any agent of such city or town, except for cash, 
and thereupon, such city or town shall not be liable for any 
sales made to such agent, after such notice, unless the same 
are made on the order by letter of the mayor and aldermen 
of such city, or the selectmen of such town. 

Section 3. The third section of the eighty-sixth chapter commission for 
of the General Statutes, is hereby so amended, that all sales defin°ed!''^"°'^^ 
made by the commissioner in less quantity than the original 
package, shall be made at a price not exceeding an advance 
of seven and one-half per cent, upon the actual cost, together 
with the cost of the analysis. 

Section 4. The thirty-eighth section of the eighty-sixth Party i° interest 
chapter of the General Statutes, is hereby so amended that ™amagerfo7un- 
the husband, wife, parent, child, guardian or employer, of ^''"'*^"' ^'''®' 
any person who hereafter may have the habit of drinking 
spirituous or intoxicating liquor to excess, may, in an action 
of tort against any person or persons, who shall sell or deliver 
unlawfully, to the person liaving such habit, any spirituous 
or intoxicating liquor, recover as damages any sum not 
exceeding five hundred, and not less than twenty-one dollars. 
A married woman may bring such action in her own name, Manied woman 
notwithstanding her coverture, and all damages recovered by ^^^ ^''^^^ *°°" 
her shall go to her separate use. In case of the death of 
either party, the action and right of action given by this 
section, shall survive to or against his executor or adminis 
trator. Approved April 3, 1861. 



Chap. 137 



An Act concerning the oxb colony and fall river railroad 

COMPANY. 

Be it enacted, ^"c, as follows : 

Section 1. The Old Colony and Fall River Railroad May maintain 
Company is hereby authorized to construct and maintain a ton.'^''^ '° ^°'" 
railway, beginning at a point on Kneeland Street, between 
South and Cove Streets, in Boston ; thence running south- 
erly to the channel, between Boston proper and South 
Boston, at or near Clark's Wharf, so called ; thence south- 
erly, bearing more westerly across said channel to the South 
Boston shore at land belonging to the said Old Colony and 
Fall River Railroad Company, and westerly of their present 
track ; thence curving southerly over land of said Old Colony 
and Fall River Railroad Company, and near to land of the 



454 1861.— Chapter 137. 

South Boston Iron Company, to Fourth Street ; thence 
under said Fourth Street curving, easterly, over or near 
land of trustees of Cyrus Alger, deceased, and over flats 
belonging to said Old Colony and Fall River Railroad Com- 
pany, to a point at or near the westerly corner of flats 
owned by or in the care of Daniel Denny, and over flats of 
the Old Colony and Fall River Railroad Company, and over 
flats owned by or in the care of said Denny, or the trustees 
of Cyrus Alger's estate, to the New York Central Railroad 
track ; thence over the same to a point in the present track 
of the Old Colony and Fall River Railroad Company, at or 
near Dorchester Avenue. 

Bridge to South SECTION 2. The bridge across the channel between Boston 

OS on, raw in. ^^^^ goutli Bostou shall bc provided with a suitable draw at 

least as wide as the draw in the bridge next below it, with 

sufficient piers, and the lines of the piles of the structure 

shall be driven in the direction of the current, which draw, 

Construction, with the bridge, shall be constructed under the direction of 

and how directed, ^j^j.gg commissioucrs to be appointed by the governor and 
council, and paid by the railroad company ; and said com- 
missioners shall give notice to the mayor and aldermen of 
Boston, and to all persons owning property in the vicinity, 
which may be affected thereby, that they intend to locate 
said bridge. The said bridge shall not be over twenty-six 
feet in width, and the draw shall at all times be kept in 
good repair by said railroad company, who shall open it for 

Commissioners, i\^q passagc of vesscls by day or night. And said commis- 
sioners shall have authority to fix and determine the point 
on the shore of Boston proper, from which said bridge shall 
commence, which shall be between the most easterly dock 
in the wharf of the Boston and Worcester Railroad Corpo- 
ration and a point three hundred feet easterly of the same ; 
and also the point on the shore of South Boston, at which 
said bridge shall end, which shall be within four hundred 

Location of rail- feet wcstcrly of the end of their present bridge ; and the 

way by company. ^^^ Qolony aud Fall Rivcr Railroad Company shall locate 
the railway hereby authorized in conformity to such deter- 
mination of said commissioners ; and none of the work 
necessary in building said bridge in said channel, northerly 
of the draw therein, shall be done between the first day of 
April and the first day of December following in any year: 

Proviso. provided, that said Old Colony and Fall River Railroad 

Company shall not occupy any flats within said new line 
that they have not purchased, without making due compen- 
sation for the same to the party entitled thereto. 



1861.— Chapter 137. 455 

Section 3. When the railway hereby authorized is con- Discontinuance 
structed and ready for use, all that part of the present track, ° 
bridge, and location, of the said Old Colony and Fall River 
Railroad Company, between the point of intersection with 
the track hereby authorized in South Boston, and the west 
side of Lehigh Street in Boston proper, shall be discon- 
tinued, and the bridge and piles removed at the expense of 
the said company. 

Section 4. The said Old Colony and Fall River Railroad Privileges and re- 
Company, in the location, construction, and use of the rail- ^ ™ '°"*'- 
road hereby authorized to be constructed, shall have all the 
powers and privileges, and be subject to all the duties, lia- 
bilities and restrictions, contained in the General Statutes 
concerning railroad corporations. 

Section 5. The bridge, by which the railway hereby Bridge oyerN.Y. 
authorized passes over the New York Central Railroad track, central, width of, 
shall be at least twenty-five feet wide between its abutments, 
and shall be built in a suitable manner, and kept in repair 
by said Old Colony and Fall River Railroad Company ; and Bridge in Fourth 
the bridge, by which Fourth Street passes over the railway ^'''^'''' 
hereby authorized, shall be built and kept in repair by said 
Old Colony and Fall River Railroad Company, and shall be 
at least fifty feet wide. The said Old Colony and Fall River Grade of street. 
Railroad Company shall have power to raise the present 
grade of Fourth Street, including Dover Street Bridge, 
where it passes over the track hereby authorized, twelve feet 
by such an ascent to the bridge as the board of aldermen 
shall decide ; the expense of which raising on the easterly Expense, how 
side of said railway shall be borne by said Old Colony and ^°'^°®' 
Fall River Railroad Company, and the expense of raising 
the street and bridge on the west side thereof by the said 
railroad company and the city of Boston : provided, hoivever, Proviso, 
that tiie city of Boston shall be required to bear only such 
portion of said expense as is necessary to put said Dover 
Street Bridge, on the west side of said railway, in such sub- 
stantial and permanent repair for the purposes of a highway 
as could be required if said raising had not taken place. 

Section 6. If the said Old Colony and Fall River Rail- Disagreement, 
road Company and the city of Boston cannot agree upon the ^o"' ^'^J^^'^'^- 
proportion of the cost of raising the grade of tlie street and 
bridge on the westerly side of the crossing aforesaid to be 
borne by each, then the whole of the expense of such raising 
shall be in the first instance paid by said Old Colony and 
Fall River Railroad Company, and the work of raising to be 
performed by them, under the direction of the board of commissioners, 
aldermen of the city of Boston ; and after the whole work """'^ appointed. 

15 



456 1861.— Chapter 137. 

has been completed, and the cost has been ascertained, the 
said Old Colony and Fall River Railroad Company may apply 
to the supreme judical court, sitting for Suffolk County, for 
the appointment of three disinterested persons as commis- 
sioners to apportion the expense of said work between said 
Old Colony and Fall River Railroad Company and the city 

Hearing and of Bostou ; and the commissioucrs appointed by the court 

award. shall hear the parties, and make their award apportioning 

said cost between the said Old Colony and Fall River Rail- 
road Company and said city of Boston, and return the same 
to the said court, which award, when accepted by the court, 
shall be binding upon the parties, and shall entitle the Old 
Colony and Fall River Railroad Company to maintain an 
action against said city for the proportion of said cost awarded 

Expense. to bc paid by said city. The expense of said commissioners 

shall be borne equally by said railroad company and said 
city. 

Line established. SECTION 7. The line, described in section first of " An 
Act in addition to an Act entitled ' An Act concerning 
lines in Boston Harbor,' " passed May seven, eighteen hun- 
dred and fifty-five, is hereby established, instead of the tenth 
line, described and established in and by section fourth of 
the act passed April second, eighteen liundred and forty- 
two, entitled ''An Act concerning lines in Boston Harbor ; " 

Company may and the Said Old Colony and Fall River Railroad Company 

build stone wall. , , , i • i n ■ ^ • , i • , ,• 

are hereby authorized and requu'ed, withni two years irom 
the passage of this act, to build on said line hereby established 
from the South Free Bridge, a solid stone wall, and also to 
remove any portion of a stone wall which projects beyond 
the line hereby established. 

Damages. SECTION 8. No damages shall ever be claimed or recov- 

ered of the city of Boston by the Old Colony and Fall River 
Railroad Company for crossing hereafter the track hereby 
authorized by a public street, provided the street crosses over 

Altitude of track, the track Oil a suitable bridge. And that portion of the track 
hereby authorized, where Broadway, if extended, would cross 
it, shall not be more than twelve inches higher than the said 
track, where it crosses under Fourth Street. 

Limitation for lo- SECTION 9. Uulcss Said Old Coloiiy and Fall River Railroad 

strucuo^n. ""^ Conipauy shall locate the railroad hereby authorized within 
two years, and construct and complete the road within five 
years from the passage hereof, the whole of this act, except 
section seventh, shall be void. Approved April 3, 1861. 



1861.— Chapters 138, 139, 140. 457 

An Act providing for the safe keeping of property in the Qj^r.,^ 1S8 

POSSESSION OF persons COMMITTED TO PRISON. ' ' 

Be it enacted, §'c., as follows: 

Section 1. The warden of the state prison, the masters officers to keep 
and keepers of the several jails and houses of correction in ^'"^°^ ' 
this Commonwealth, shall cause to be kept a book of record 
in which shall be recorded a correct account of all money or 
other property, found in the possession of prisoners committed 
to the aforesaid institutions ; and said officers shall be held 
responsible to the Commonwealth for the safe keeping and 
delivery of said property to said prisoners, either upon their 
order or receipt at any time before or at the time of their 
discharge therefrom. 

Section 2. This act shall take effect upon its passage. 

Approved April 6, 1861. # 



Chap, 139 



An Act concerning shipping and pilotage. 

Be it enacted, Sfc, as folloios : 

Section 1. The commissioners of pilots shall ascertain, piiot commis- 
as near as may be, and report annually to the secretary of andreport'iiiTa's*^ 
the Commonwealth, in accordance with section fourteen of *"«• 
chapter fifty-two of the General Statutes, tlie names, class, 
tonnage and value of vessels and cargoes wrecked, stranded, 
run ashore, foundered, or lost, within the waters or upon 
the coasts of Massachusetts, together with the number of 
lives lost in consequence thereof. 

Section 2. The commissioners are hereby also required Names of pilots, 
to report whether pilots were on board at the time of the ' ^^^' 
occurrence of the aforesaid disasters, and if so, to state their 
names, and for what port or ports they hold commissions. 

Section 3. The aforesaid commissioners are hereby information may 
authorized to require pilots to furnish, under suitable ^'^ '''^i"*'^®"^- 
regulations, such information as the commissioners may 
deem requisite for the purposes of this act. 

Approved April 6, 1861. 



Chap. 140 



An Act in addition to " an act to establish the city op 

lawrence." 

Be it enacted, §'c., as follows : 

Section 1. The city council of the city of Lawrence Assessors of taxes 
shall, in the month of March or April, in the year eighteen t^re^e'^/ears!'^ **"^ 
hundred and sixty-two, 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 
for one year, from said election ; and said council shall in 
like manner, in the month of January or February, in each 



458 



1861.— Chapters 141, 142. 



A'acanc}-, how 
filled 



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 
assessors, by death, resignation, removal or otherwise, such 
vacancy shall be filled by choice of another assessor in the 
manner aforesaid, who shall hold his office for the unexpired 
term for which the member in whose place he shall be elected 
would have held the same. 

Section 3. So much of the provisions of the eighth 
section of "An Act to establish the city of Lawrence," as 
relates to the election of assessors, is hereby repealed. 

Section 4. This act shall take effect from and after its 
acceptance by a majority of the citizens voting thereon, at 
ward meetings duly notified for the purpose. 
_ Approved April 6, 1861. 

Chap. 141 -^^ -^^'^ "^^ ESTABLISH THE SALARY OF THE JUSTICE OF THE POLICE 
-^' COURT, IX LEE. 

Be it enacted, Sfc., as foUoivs : 

The salary of the justice of the police court of Lee shall 
hereafter be five hundred dollars. Approved April 6, 1861. 



Repeal. 



Act to be ac- 
cepted. 



Chap. 142 



Plan confirmed. 



Commissioners, 
powers of. 



Proviso. 



An Act in relation to streets on the back bay. 
Be it enacted, Sfc, as follows : 

The various streets and ways on the Back Bay, in the city 
of Boston, and on the northerly side of the Mill-dam, as laid 
down on the general plan thereof, accompanying the fifth 
annual report of the commissioners on the Back Bay, and 
dated Boston, January twenty-first, eighteen hundred and 
fifty-seven, and deposited in Suffolk Registry of Deeds, 
August thirty-first, eighteen hundred and fifty-eight, with 
such modifications and alterations as have been made by the 
commissioners, shown on the plan recorded in Suffolk 
Registry of Deeds, liber seven hundred and eighty-eight, 
folio one hundred and fifty-nine, are hereby ratified and 
confirmed ; and the said commissioners shall have the 
general control of all streets, ways, and squares on the land 
of the Commonwealth, and may offer them, or any portion 
of them, for acceptance by the city of Boston, on such terms 
and conditions as they may deem expedient, subject to the 
approval of the governor and council : provided, that nothing 
herein contained shall be construed to authorize the com- 
missioners on the Back Bay to postpone or modify the oper- 
ation of the fourth section of chapter one hundred and 
fifty-four of the acts of the year one thousand eight hundred 
and fifty-nine. Approved April 6, 1861. 



1861.~Chapters 143, 144, 145. 459 

An Act relating to the militia. Chap. 143 

Be it enacted, Si'c, as follotm : 

Section 1. The first section of the forty-ninth chapter of ^j.™!^j^g"°" "^ 
the acts of eighteen hundred and sixty-one, is hereby so far 
amended that companies of infantry and riflemen shall be 
limited to fifty privates: provided., that when, in the judg- Proviso. 
ment of the commander-in-chief, the exigencies of actual 
service may require it, the limit thereof shall be sixty-four 
privates. 

Section 2. This act shall take effect upon its passage. 

Appi'oved April 6, 1861. 
An Act ratifying the election of town officers in the year Chap. 144 

EIGHTEEN HUNDRED AND SIXTY-ONE. 

Be it enacted, §'c., asfoUoivs: 

Section 1. The election of town officers in the several 
towns in this Commonwealth, made at the annual town 
meetings in the year eighteen hundred and sixty-one, so far 
as the same may be illegal, for the reason that the check 
list was not used, in the election of said officers, or the 
moderator of any such meeting, is hereby ratified and con- 
firmed ; 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 April 6, 1861. 
An Act defining the qualifications of voters for represen- fyj.^^. i4^c 

TATIVES TO congress. ly/iap. l^O 

Be it enacted, Sfc, as follows : 

Section 1. In any election of representatives to congress Residence in dis- 
in this Commonwealth, no person shall be allowed to vote *™*' 
for the same until he shall have resided in the congressional 
district where he offers to vote, six months next preceding 
such election, and shall be otherwise qualified according to 
the constitution and laws of this state : provided, that when provisos. 
the state shall be districted anew for members of congress, 
he shall have the right so to vote in the district where he is 
located by such new arrangement ; and provided, also, that 
no voter residing in any city which now is, or hereafter may 
be divided by the line between congressional districts, shall 
be deprived of his vote in the district in which he was 
assessed, or liable to assessment on the first day of May 
next preceding such congressional election, if he be other- 
wise qualified. 

Section 2. This act shall take effect upon its passage. 

Approved April 6, 1861. 



460 



1861.— Chapters 146, 147. 



Chap. 146 



Fees of salaried 
officers to be paid 
to city or town. 



Chap. 147 

Corporators. 



Motive-power. 
Fare and freight. 



Speed and use of 
tracks. 



Highways, re- 
pair of. 

Liability for loss 
from neglect. 



An Act in addition to an act to define the costs of criminal 

prosecutions. 
Be it enacted^ Sfc, as foUoivs : 

Section 1. All fees for services in criminal cases ren- 
dered or performed by any constable, city marshal or other 
officer, who receives a salary for his official services from a 
city or town, shall be allowed and taxed as in behalf of 
other officers ; but all said fees shall be paid to the city or 
town from which such officer receives his salary. 

Section 2. This act shall take effect upon its passage. 

Approved April 6, 1861. 

An Act to incorporate the duxbury railroad company. 

Be it enacted, Sf'c, as follows: 

Section 1. John S. Loring, Stephen N. Gilford and 
Joshua W. Swift, their associates and successors, are hereby 
made a corporation, by the name of the Duxbury Railroad 
Company, with power to construct, maintain and use a rail- 
way or railways, with convenient single or double tracks, 
from some point in the town of Kingston, at or near the 
depot of the Old Colony and Fall River Railroad Company, 
and upon and over such of the streets and highways of said 
town, 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 said selectmen, to the intersection 
of the same with the streets and highways of the town of 
Duxbury, and then upon and over such of the streets and 
highways of the said town of Duxbury, 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 
such other land in said towns, as said corporation may 
elect to build their road or roads upon, and over, to some 
convenient point or points in said town of Duxbury. 

Section 2. Said tracks or roads shall be operated and 
used by said corporation with horse-power only ; said corpo- 
ration shall have power to fix from time to time, such rates 
of compensation for transporting persons and property as 
they may think expedient ; 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 the use of the tracks as 
the public convenience and safety may require. 

Section 3. 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 



1861.--CHAPTER 147. 461 

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 to said 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 writ or writs, in which recovery may be 
had ; and said corporation shall not incumber any portion 
of the streets or highway, not occupied by said road or 
tracks. 

Section 4. Said corporation is hereby authorized to issue May issue bonds. 
bonds for the purpose of constructing or equipping their 
road, the amount thereof not to exceed the amount of capital 
stock paid in, of the same kind, in the same manner, upon conditions. 
the same terms, conditions and restrictions, and to be 
approved, certified, recorded and secured, in all respects in 
the same way as the bonds which the Cliftondale Railroad 
Company has been authorized by law to issue. 

Section 5. If any person shall wilfully and maliciously penalty for ob- 
obstruct said corporation, in the use of said road or tracks, stmctionofroad. 
or the passing of the cars or carriages of said corporation 
thereon, such person and all who shall be aiding or abetting 
therein shall be punished by a fine not exceeding five hundred 
dollars, or by imprisonment in the common jail not exceeding 
three months. 

Section 6, If said corporation or its agents or servants obstuction by 
shall wilfully and maliciously obstruct any highways or corporation. 
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 forty thousand dollars, to be divided into shares suares. 
of one hundred dollars each. 

Section 8. Said corporation shall have power to purchase Real estate. 
and hold such real estate within said towns, as may be con- 
venient or necessary for the purposes and management of 
said road. 

Section 9. Nothing in this act shall be construed to Rights of towns 
prevent the selectmen of said towns from entering upon and ""™p=^"''^'1- 
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 10. This act shall be void, so far as relates to Acceptance of 
the right to construct said road in said towns, unless the tioa^of roal'^'*"' 



462 



1861.— Chapter 148. 



Annual returns. 



Powers and 
duties. 



same shall be accepted by the selectmen of said towns, and 
unless the same shall be accepted by said corporation, and 
unless said road shall be located within three years from the 
passage of this act. 

Section 11. 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 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 rail- 
road, outside of the streets and highways, and shall be sub- 
ject to all existing provisions of law, applicable to railroad 
corporations, for the assessment and payment of damages 
for land so taken. 

Section 12. This act shall take effect upon its passage. 

Approved April 6, 1861. 



Chap. 148 



Corporators. 



Name. 
Powers. 



Crossing other 
tracks, restric- 
tions upon. 



Motive-power. 

Rate of speed and 
use of tracks. 



An Act to incokporate the Worcester horse railroad com- 
pany. 

Be it enacted, ^'c, as follows: 

Section 1. Albert Curtis, Loring Goes, William H. Hey- 
wood, John C. Mason, Frederic W. Paine, Joseph Sargeant, 
and James H. Wall, their associates and successors, are 
hereby made a corporation by the name of the Worcester 
Horse Railroad Company, with power to construct, maintain 
and use a railway, with convenient single or double tracks, 
from such point or points on Main Street, in the city of 
Worcester, as shall be from time to time fixed by the mayor 
and aldermen of said city, with the assent, in writing, of said 
corporation, filed in the office of the city clerk of said city ; 
then upon and over such street or streets, and such highway 
or highways, as shall be designated by a vote of the mayor 
and aldermen of said city. 

Section 2. The corporation hereby created, in crossing 
all the branches and lateral tracks of any other railroad com- 
pany, shall cross in such a manner as not to injure any of 
the said tracks or branches, and the rails thereof, and shall 
insert no frogs therein, and make no incisions into the rails 
thereof without the consent of said company, but shall cross 
the same as the Watertown branch of the Fitchburg Rail- 
road Company is now crossed in Watertown, by the Waltham 
and Watertown Railroad Company, unless some other 
arrangement shall be made between said companies. 

Section 3. Said tracks or roads shall be operated and 
used by said corporation with horse-power only. The mayor 
and aldermen of the city of Worcester shall have power, at 



1861.— Chapter 148. 4&3 

all times, to make all such regulations, as to the rate of 
speed and mode of use of the tracks, as the public safety and 
convenience may require. 

Section 4. iSaid corporation shall keep and maintain in Highways, main- 
repair such portion of the streets and highways respectively, teuanceof. 
as shall be occupied by their tracks, and shall be liable for Liability for in- 
any loss or injury that any person may sustain, by reason of {g^J^J'"" *^^'''^' 
any cai-elessness, 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 said city of Worcester, by reason of such 
defect or want of I'epair, said corporation shall be liable to 
pay to said city of Worcester any sums thus recovered against 
said city, together with all costs and reasonable expenditures, 
incurred by said city in the defence of any such suits, in 
which recovery may be had ; and said corporation shall not 
use any portion of the streets or highways not occupied by 
said road or tracks. 

Section 5. If any person shall wilfully and maliciously Penalty for ob- 
obstruct said corporation in the use of said road or tracks, or poraucm. " 
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, obstruction by 
shall wilfully and maliciously obstruct any highways, or the <'°''p'>'''^*'°"- 
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 not capital. 
exceed one hundred thousand dollars, to be divided into shares. 
shares of one hundred dollars eacli. 

Section 8. Said corporation shall have power to purchase Reai estate. 
and hold such real estate within said city of Worcester, as 
may be convenient or necessary for the purposes and 
management of said road. 

Section 9. The said road shall be constructed and main- construction and 
tained in such form and manner, and upon such grade as the ™aintenanee. 
mayor and aldermen of said city of Worcester may in their 
votes, fixing and determining the routes thereof, as afore- 
said, prescribe and direct ; and whenever in the judgment 
of said corporation it shall be necessary to alter the grade of Alteration or 
any street so occupied by it, siich alteration may be made ^'^^ "^ 
at the sole expense of said corporation : provided, the same Proviso. 

16 



464 1861.— Chapter 148. 

shall be assented to by the mayor and aldermen of said city 

of Worcester. 
Control of high- SECTION 10. Nothing in this act shall be construed to 
ways y se ec pj.g^,gjj^ ^^iQ mayor and aldermen of said city from entering 

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. 
Discontinuance SECTION 11. At any time after the expiration of one year 

of road in certain n .i • i-ji i^^ij. i r*j •^ j* 

cases. from the opening tor the use oi the tracks ot said railroad in 

any street or road in which the same shall be located, as 
provided by its charter, the mayor and aldermen of the city 
of Worcester may determine as to so much of said tracks as 
is located with said city, 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 the order of 
said mayor and aldermen of the city of Worcester ; and such 
taking up and removal shall be at the expense of said rail- 
road corporation. 
Worcester may SECTION 12. The city of Worccster may, at any time 
pure aseroa . (j^j,j^j-|g ^|^q coiitiiiuance 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 corpo- 
conditions. ratioii, 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 corporation, deducting the dividends 
received by said stockholders thereon. 
Act void unless SECTION 13. Tliis act shall be void, so far as relates to 
road' ^located, thc right to coustruct said road in said city of Worcester, 
withm two years, ^^j^jggg ^jjg gaiuc shall bc acccptcd by the mayor and alder- 
men of said city of Worcester, and unless the same shall be 
accepted by said corporation, and unless said road shall be 
located within two years from the passage of this act. 
Annual returns. SECTION 14. Said corporatiou 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 
Damages. law ; aiid also so far as to be subject to all existing provisions 

of law for the assessment and payment of damages for the 
land outside of the streets and highways taken by them for 
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 upon its passage. 

Approved April 6, 1861. 



1861.— Chapters 149, 150, 151. 465 

An Act in relation to school districts in Freetown. Chap, 149 

Be it enacted, ^'c, as follows: 

Section 1. The town of Freetown is hereby authorized ^^^Sitd""" 
to reorganize the " Village District," so called, in said town, 
so as to constitute two districts ; and said districts shall be 
entitled to all the powers and privileges, and subject to all 
the duties, liabilities and restrictions, of school districts. 

Section 2. This act shall be void unless the inhabitants Limitation of 

. . time. 

of said town, at a legal meeting called for the purpose within 
one year from the passage of this act, shall reorganize said 
district as above provided. Approved April 6, 1861. 

An Act to incorporate the cape cod mutual fire insurance Chap. 150 

company. 
Be it enacted, ^'c, as follows : 

Zebina H. Small, Obed Brooks, Chester Snow, Nathaniel corporators. 
Snow, Benjamin T. Freeman, Joseph K. Baker, junior, 
Marshall S. Underwood, John K. Sears, Joseph Cummings, 
Benjamin Freeman, Alexander Kenrick, their associates and 
successors, are hereby made a corporation by the name of Name. 
the Cape Cod Mutual Fire Insurance Company, to be estab- Location. 
lished in the town of Harwich, for the purpose of effecting 
mutual insurance, exclusively within the county of Barn- 
stable, upon dwelling-houses, other buildings, and personal 
property, against loss or damage by fire ; with all the powers Privileges and re- 
and privileges, and subject to all the duties, liabilities and * '"- '°"^- 
restrictions, set forth in the fifty-eighth chapter of the 
General Statutes, and to all other laws applicable to mutual 
fire insurance companies. Approved April 6, 1861. 



An Act regulating the construction of wooden buildings in (Jfidp 15\ 

the city of SPRINGFIELD. ^' 

Be it enacted, Sfc, as follows : 

Section 1. Tlie city council of the city of Springfield are city coundito 
hereby authorized and empowered to make all such regula- "ons, &c^^^^' 
tions, ordinances and by-laws, as they may deem expedient 
concerning the erection, construction and placing of wooden 
buildings within the limits of said city, for protection against 
fire, to establish districts within which wooden buildings, 
except of a prescribed size, shall not be erected, and to pre- 
scribe such penalties as they deem proper, for the violation 
of any such regulations, ordinances or by-laws. 

Section 2. Any building hereafter erected, constructed violations of or- 
or placed contrary to the provisions of such by-laws, ordi- '^'°'^'^'''^^' ^"'• 
nances, or regulations, shall be deemed and taken to be a 
common nuisance ; and the mayor and aldermen shall have 



466 



1861.— Chapters 152, 153. 



andaiderm^n^"'^ ^'^® ^^^^® power aud autliority to abate and remove the same, 
as is given to the board of health in the eighth, ninth and 
tenth sections of the twenty-sixth chapter of the General 

Proviso. Statutes : provided, that nothing in this section shall be 

construed as affecting any remedy already given in the 
preceding section. Apjiroved April 6, 1861. 

Chap. 152 An Act concerning the form of policies of fire insurance. 

Be it enacted, §'c., as follows: 
Conditions of in- SECTION 1. lu all iusuranco aaaiust loss by firo, hercaftcr 

surance to be ex- j i . , i i • i • • i • /~i 

pressed in policy, made by compauics chartered or donig business in this Com- 
monwealth, the conditions of the insurance shall be stated 
in the body of the policy, and neither the application of the 
insured nor the by-laws of the company, as such, shall be 
considered as a warranty or part of the contract. 

Section 2. This act shall take effect on the first day of 
July, eighteen hundred and sixty-one. Approved April Q,\mi. 



Chap. 153 

Corporators. 



Title. 

Location. 

Powers, duties, 
&c. 



Loan on real es- 
tate. 



Failure of bor- 
rower to fulfil 
conditions of 
loan. 



Foreclosure. 



An Act to incorporate the bank of petty loans and savings. 
Be it enacted, Sfc, as folloivs : 

Section 1. Frederic W. Sawyer, James Phillips, J. Win- 
gate Thornton, William Endicott, junior, James H. Weeks, 
Albert Bowker, Daniel J. Coburn, J. S. Ropes, Seth E. 
Brown, Edward Brown, Oliver Ditson, Charles F. Barnard, 
Frederic W. G. May, T. Henry Perkins, Alanson Abbe, their 
associates and successors, are hereby made a corporation by 
the name of the Bank of Petty Loans and Savings, to be 
located in the city of Boston ; with all the powers and privi- 
leges, and subject to all the duties, liabilities and restrictions, 
set forth in the fifty-seventh chapter of the General Statutes, 
and in all other laws of the Commonwealth, relative to 
savings institutions, except so far as otherwise provided in 
this act. 

Section 2. One moiety or more of the funds of the bank, 
if so applied for, shall be loaned on unincumbered productive 
real estate, situated within the Commonwealth, preference 
first being given to small loans. 

Section 3. In case the borrower neglects or refuses to 
fulfil any of the conditions on which the loan was made to 
him, as expressed in the deed, the bank shall have the same 
remedies for determining his estate in the premises, and of 
ejecting him from the same, as is now provided by law for 
determining the estate of tenants at will, and ejecting them 
from the same for non-payment of rent. 

Section 4. In the case of any and all sales by the bank, 
of premises held by the bank as security for any loan, under 



1861.— Chapter 154. 467 

a power of sale, mortgage, or other conveyance providing 
for a public sale of the same to satisfy the terms of the loan, 
the averment by the bank in its deed of the premises that 
the borrower had neglected or refused to fulfil the conditions 
of the loan or some of them, and that due notice of the time 
and place of sale had been duly given, and that all the terms 
and conditions on which the right of the bank to sell and 
convey the same had been fully and faithfully complied with, 
shall be final and conclusive evidence of those facts as between 
the borrower, and all third persons claiming said estate by, 
through or under said bank ; but the borrower may have his 
action for damages against said bank for any false averment 
in that particular. 

Hection 5. Loans in small sums shall be on a time fixed, smaii loans. 
but the borrower shall have the privilege of paying off the 
loan in whole or in part, at any time within the time limited 
foi- payment ; interest to be taxed only on the sum owing or 
unpaid to the time of payment. 

Section 6. Wherever in this act any duty, liability, right, executors''^&c!'' 
power, privilege, immunity or disability is granted, secured 
or imposed on the " borrower," " pledgor" or " bank," the 
same shall be equally held to be granted, secured, or imposed 
on the heirs, executors, administrators, and assigns of the 
" borrower" and " pledgor," and the successors and assigns 
of the said " bank." Approved April 6, 1861. 

An Act to suspend "an act in relation to the flowage of (Jfiap. 154 

THE MEADOWS ON CONCORD AND SUDIiURY RIVERS." 

Be it enacted^ §'c., as follows : 

Section 1. The act passed on the fourth day of April, in Act stayed^ untu 
the year one thousand eight hundred and sixty, entitled 
" An Act in relation to the flowage of the meadows on Con- 
cord and Sudbury Rivers," is hereby suspended, and the 
operation of the same, and all acts and doings under and by 
virtue of the same, are hereby stayed and forbidden until 
the first day of May, in the year eighteen hundred and sixty- 
two ; and the rights of no person are to be affected by any 
acts heretofore done under said act. 

Section 2. The a-overnor shall appoint, with the advice ^ugineers, &c., 

& .11 to be appointed 

and consent of the council, three suitable and competent per- as experimenters. 
sons, two of whom shall be civil engineers, experienced in 
the management and operatioji of water, who shall make such 
experiments with the dam across the Concord River at North 
Billerica, erected by tlie proprietors of the Middlesex Canal, 
and the water raised by said dam, as shall be necessary to 
determine whether said dam affects, and if so, to what extent, 



468 



1861.— Chapter 155. 



Compensation fo 



the meadows on said Concord and Sudbury rivers, above said 
dam, and report the results of tlie same, and their conclu- 
sions, to the governor, on or before the first day of January, 
in the year one thousand eight hundred and sixty-two, who 
shall forthwith communicate the same to the general court. 
Section 3. If the owners and persons entitled to the use 
of the water raised by said dam, shall not on or before the 
first day of May next, by notice thereof given in writing, to 
the attorney-general, waive all claim for compensation for 
damages that may be caused by said experiments during 
seven consecutive days, to be designated by said commission- 
ers, then this act shall be void : provided, that nothing con- 
tained in this act shall be construed to limit the time during 
which the said commissioners may institute and carry on 
said experiments. 

Section 4. If any other injury is done to the property of 
any person by making such experiinents, said commissioners 
shall award damages therefor, to be applied for within three 
months after the injury so done. Any person dissatisfied 
with the award of said commissioners, may have a trial by 
iury to estimate his damages, which jury shall be applied for 
to the county commissioners of Middlesex County, within 
the same time, and in the same manner, as is by law provided 
for the estimation of damages occasioned by the laying out 
of highways ; and all the proceedings shall be governed by the 
la,ws providing for the estimation of damages occasioned by 
the laying out of highways, by a jury, except that all notices 
required to be given shall be served on the attorney-general, 
Payment of dam- who may appear at the trial of such application. And the 
^s"^- damages, when ascertained, together with legal costs, shall 

be paid out of the treasury of the Commonwealth, the governor 
being hereby authorized to draw his warrant therefor. 
Section 5. This act shall take effect upon its passage. 

Approved April 9, 1861. 



Other injuries to 
property, how re- 
Iressed. 



Trial by jury. 



Chap 155 ^^ ^'^^ '^^ INCORPORATE THE MIDLAND LAND DAMAGE COMPANY. 

Be it enacted, ^'c, as follows: 

Corporators. SECTION 1. Joscpli W. Ward, OHvcr S. Sanford, Stephen 

Baker, being owners of land covered and occupied by the 
Midland Railroad, or the assigns of such owners, and actual 
holders and owners of valid unpaid claims for land damage 

Title. thereon, and their associates, successors and assigns, are 

hereby created a corporation by the name of the Midland 
Land Damage Company, with the rights and powers, and for 
the purpose hereinafter set forth. 

Organization. SECTION 2. Tlic pcrsous uamcd in the above section, or a 

majority of them, shall meet and organize in the manner 



1861.— Chapter 155. 469 

provided in the sixty-third chapter of the General Statutes 
of the Commonwealth of Massachusetts, within sixty days 
from the passage of this act, and upon filing with the sec- 
retary of the Commonwealth a copy of the record of the 
organization of the company, and a notice of the acceptance 
of this act by a majority of said corporators by them sub- 
scribed, with a certified copy of a vote of acceptance of the 
same, by the Midland Railroad Company, at a meeting duly Midland Railroad 
called for that purpose at the office of the company in ^o^P'^'^y- 
Boston, by a majority of the stock represented, which major- 
ity shall include at least two-thirds of the six per cent, pre- 
ferred stock of said company, represented at said meeting. 
Said Midland Land Damage Company may enter upon and 
take possession of the said Midland Railroad, and all the 
appurtenances thereof, including the depots, buildings, lands, 
and apparatus of all kinds used in connection therewith, 
subject, however, to all existing liens, mortgages and claims 
for land damages now existing and unpaid, to be had and 
held by the said Midland Land Damage Company, their 
successors and assigns, with all the rights and privileges 
hereinafter provided. 

Section 3. The corporation hereby created shall have Powers, duties, 
all the powers and privileges, and be subject to all the *^*'' 
duties, restrictions and liabilities, set forth in the sixty-third 
chapter of the General Statutes of this Commonwealtli, for 
the purpose of purchasing or discharging the liens and 
mortgages on the said road and the property thereof between 
its terminal points, and including its branch to Southbridge, 
and repairing, completing, improving, furnishing, managing, 
running and operating the said railroad, and all parts thereof, 
in tlie manner provided by law. They shall also have the 
power to retain the use and possession, and the profits of 
said railroad, and all the appurtenances thereof, until the 
receipts of net profits therefrom shall amount to a sum 
equal to all the land damages, mortgages, bonds and other 
liens paid and discharged or held by them with interest 
thereon, together with all the sums of money expended for 
the use and benefit of the road, as aforesaid, with ten per 
cent, interest thereon, or until the property shall be redeemed 
by the Midland Railroad Corporation, in the manner herein- 
after provided. 

Section 4. The capital stock of the company hereby capital. 
created, shall not exceed one and a half millions of dollars, 
and shall be divided into shares of one hundred dollars each ; shares. 
and any land claimant shall be entitled to one share of stock Title of land 
for every hundred dollars he may pay into the treasury, or claimants. 



470 ' 1861.— Chapter 155. 

assign to the corporation hereby established, in valid liqui- 
dated claims for land damage or cash, within six months 
from the filing of said certificate. 

^j^gJ^tof^'eJenip- Section 5. The Midland Railroad Company shall have a 
right to redeem their railroad and all the apurtenances 
thereof, with all the additions made thereunto, by paying or 
tendering to the treasurer of the corporation hereby estab- 
lished, the amount of land damages subscribed to the stock 
of this corporation, and of all moneys by them lawfully 
expended, or paid under and by virtue of this act, together 
with ten per cent, interest thereon, after dedncting the 
amount of net profits received by them over and above the 
salaries and other expenses incident thereto, at any time 
within eighteen months from the time of filing the certificate 
of acceptance and organization under this act. 

Neglect or refusal SECTION 6. lu casc the Midland Railroad Company shall 
neglect or refuse to redeem their property agreeably to the 
riglits and provisions hereby created, their act of incorpora- 
tion, entitled " An Act to incorporate the Midland Railroad 
Company," approved March nineteenth, A. D. eighteen 
hundred and fifty-eight, shall be, and hereby is, repealed, 
and all the rights, title and interest of said company in said 
Midland Railroad and its branch, appurtenances and other 
property used in connection therewith, shall be vested in the 
corporation hereby established, subject to all mortgages and 
valid liens thereon. 

Transfer of rights SECTION 7. Tlic Midland Railroad Company are hereby 

and property. . . , p , ..},,., 

empowered at any time beiore the expiration oi their char- 
ter, to sell, assign and transfer to said Midland Land 
Damage Company the debts, bonds, claims, liens, rights 
and securities or any part thereof, purchased by them under 
the provisions of their charter, and to convey to said Mid- 
land Land Damage Company, all their railroad with its 
branch, lands, appurtenances, rolling stock, francl]ise and 
other property, subject to any valid mortgage or other lien 
thereon, upon such terms as shall be mutually agreed upon 
Proviso. between said companies : provided, that such sale shall be 

authorized or sanctioned by a meeting of the stockholders 
of the Midland Railroad Company duly called ; and the 
corporation hereby established are hereby authorized to take 
and hold such conveyance, and thereupon to enjoy all the 
rights and privileges set forth in the original charter of the 
Midland Railroad Company, or subsequently acquired by 
them, sul)ject to all valid liens or mortgages thereon ; and 
the said corporation hereby established, may thereupon use, 
enjoy, lease, sell or convey the same to any other railroad 



1861.— Chapter 155. 471 

company, and such last named company is hereby empow- increase of capi- 

ered to purchase and hold the property thus conveyed and 

may increase its capital to an amount sufficient therefor ; 

and the corporation hereby established may purchase and 

hold in common with any connecting railroad, an interest 

in any cars used for conveyance of through freight or travel. 

Section 8. The corporation hereby established shall ^'^'^j^'\*° ''""' 
succeed to and hold, in as full and ample a manner as the 
same are held by the persons or corporations holding the 
same, all the claims to land damages which shall be sub- 
scribed to the capital stock of this company, and all the 
liens, mortgages, bonds, and claims to land damages which 
they shall acquire by purchase ; and shall succeed to and 
hold, and may enforce all the rights and remedies which 
were possessed by the original holders thereof. 

Section 9. Nothing herein contained shall be construed Protection to 

,. °. 1T11 T mortgagees. 

to authorize the corporation liereby established, to divest 
any parties now in possession, under any mortgages or other 
liens, of any part of said railroad or its appurtenances, of 
such possessions, without paying or tendering to them pay- 
ment of the amount due thereon : and nothing herein con- 
tained shall in any way prejudice or impair any of said 
mortgages, liens or claims to land damages, or the rights or 
remedies of any land owners or claimants of land damages 
upon the line of said railroad. 

Section 10. Any executors, administrators, guardians, Transfer of daims 

J ^ '. . 11 1 for land damages. 

trustees, agents and parties holding claims as collateral, who 
hold any claims for land damages against said Midland Rail- 
road or any part thereof or its branch, or against either of 
the corporations heretofore owning the same, are hereby 
authorized to transfer the same to the corporation hereby 
established, and to receive the pay therefor in certificates of 
stock, and hold the same in lieu of said claims for land 
damages. 

Section 11. In case the Midland Railroad Company Acceptance of ; 
shall fail to accept of this act, and to certify such acceptance 
to the secretary of this Commonwealth within sixty days 
after the passage of this act, and after such failure, shall 
fail for eighteen months from the passage of this act to pay 
said claims for land damage and the interest thereon, and 
to put said Midland Railroad, between its terminal points in 
Boston in this Commonwealth, and Thompson in Connec- 
ticut, including the Southbridge branch, in good running 
order, and to have the same duly run, then said act entitled conditional re- 
" An Act to incorporate the Midland Railroad Company," ^^^ ' 
17 



472 1861.— Chapter 156. 

approved March nineteenth, A. D. eighteen hundred and 
fifty-eight, shall be, and hereby is, repealed. 
Failure to fulfil Hection 12. In case the Midland Railroad Company 
peal act. ' sliall accept this act as before provided, and the company 
hereby created shall fail for eighteen months after the filing 
of the certified copy of the vote of their acceptance, to put 
said Midland Railroad between its terminal points in Bos- 
ton, in this Commonwealth, and Thompson in Connecticut, 
including its Southbridge Branch, in good running order, 
and to have the same duly run, then this act shall be, and 
the same is, hereby repealed. 

Section 13. This act shall take effect upon its passage. 

Approved April 9, 1861. 

Chap. 156 -^ -A^CT TO EXTEND THE RAILROAD OF THE OLD COLONY AND FALL 
RIVER RAILROAD COMPANY TO THE LINE OF THE STATE OF RHODE 
ISLAND, AND FOR OTHER PURPOSES. 

Be it enacted, Sfc, as follows : 

Extension, con- SECTION 1. Tlic Old Colouy aiid Fall River Railroad 

cL^ti'on °° ^"'^ '°" Company are hereby authorized to extend, locate, construct 
and maintain a railroad from a point at or near the present 
terminus of its track in Fall River, in a southerly direction, 
to the line of the State of Rhode Island, to connect with a 
railroad to be constructed from Newport, in the State of 
Rhode Island, to the line of the State of Massachusetts, and 

Powers, duties, for that purposc shall have all the powers and privileges, 
and be subject to all the duties, liabilites and restrictions, 
set forth in the General Statutes relating to railroad corpo- 

Proviso. rations : provided, however, if said railroad track shall be 

located across the pond or reservoir in Fall River, from 
which water is supplied to the American Print Works and 
the Linen Mills, the same shall be constructed upon a pile 
bridge, and not upon a solid structure. 

Reserved funds. SECTION 2. No part of the presciit reserved funds of said 
Old Colony and Fall River Raih-oad Company, shall be 
appropriated to build the extension hereby authorized, or to 

Increase of capi- build aiiy portlou of thc road in Rhode Island. The capital 

^^^' stock of said corporation may l)e increased not to exceed 

two thousand shares, when and as tlie directors thereof 

Value of shares, shall, froiu timc to time, determine; and no share shall be 
issued by said corporation unless the sum of one hundred 
dollars is paid therefor. 

othMrolds '^"'* Section 3. The Old Colony and Fall River Railroad 
Company is hereby authorized to enter upon and connect 
with any railroad authorized by the legislature of Rhode 
Island to be built from Newport to the State line of Massa- 
chusetts, and shall have all the powers, rights and privileges, 
in reference to said connection with said railroad in Rhode 



1861.— Chapter 157. 478 

Island, as are provided by law for railroads entering npon 
and connecting with each other in this Commonwealth. 

Section 4. The Old Colony and Fall River Railroad Transfers of 
Company shall, if reqnired by the Bay State Steam-boat ^'^'''^ ^' 
Company, deliver to said last named corporation, at Fall 
River, all articles of freight received by said railroad corpo- 
ration for transport and to be sent to New York by said 
Steam-boat Company, unless otherwise specially ordered by 
the owners thereof. 

Section 5. Unless the extension of the Old Colony and Limit of time for 
Fall River Railroad Company hereby authorized, is located ing, &c.' 
within two years from the first day of April next, and built 
and completed within four years from said first day of April 
next, and unless this act is accepted by said corporation at a 
meeting of the stockholders called for that purpose, this act 
shall be void. 

Section 6. This act shall take effect upon its passage. 

Approved April 9, 1861. 

An Act for the regulation of the fisheries in the town of Chap. 157 

WINCHESTER. 

Be it enacted, Sfc, as folloios : 

Section 1 . The provisions of the act passed on the six- Act for preserva- 
teenth day of February, in the year of our Lord one thousand regulation ' °of 
seven hundred and eighty-nine, entitled " An act to prevent tend"&c.*° ^'^' 
the destruction of the fish called shad and alewives in Mystic 
River, so called, within the towns of Cambridge, Charlestown 
and Medford, and for repealing all laws heretofore made for 
that^urpose," and also the provisions of the act passed on 
the second day of February, in the year of our Lord one 
thousand eight hundred and sixteen, entitled " An act for 
the regulation of the fishery in Woburn," shall extend to 
the town of Winchester, in the county of Middlesex, and 
to all the streams therein running from any of the ponds or 
other waters there into Mystic Pond, so called. 

Section 2. " The Committee for the preservation of Election and 
Fish," in the town of Winchester, may be elected either in LTue?." 
the month of March or April, annually, and they shall be 
invested with all the powers and authority conferred by the 
acts aforesaid on the committees of the several towns therein 
mentioned. 

Section 8. Nothing in this act shall be construed to construction of 
repeal, modify, or affect any of the provisions of the act enti- 
tled '.' An act to supply the city of Charlestown with pure 
water," approved March twenty-eight, one thousand eight 
hundred and sixty-one. 

Section 4. This act shall take effect upon its passage. 

Approved April 9, 1861. 



474: 1861.— Chapters 158, 159, 160, 161. 

Chap. 158 ^^ ^^^ "^^ ABOLISH THE POLICE COURT IN MILFORD. 

Be it enacted, §'c., as follows: 

i^epeai- SECTION 1. So much of the one hundred and sixteenth 

chapter of the General Statutes, as relates to the establish- 
ment of a judicial district in tlie town of Milford under the 
jurisdiction of a police court, is hereby repealed. 

Unfinished busi- SECTION 2. All mattei's, pending before said court at the 
time when this act shall take effect, shall be heard and deter- 
mined by the present judge of said court, who shall be enti- 
tled to the same fees accruing thereafter as would in such 
cases belong to a trial justice or justice of the peace having 
jurisdiction in like matters ; and if for any reason said judge 
shall fail to consider and determine such matters, they shall 
be heard and determined by the trial justice residing nearest 
to said Milford, or by a trial justice in said town of Milford, 
if any such shall reside therein. 

e^i'Vy YeguTTo- SECTION 3. Thls act sliall takc cffcct whcncver a majority 

'^"■^- of the legal voters of the town of Milford, present and voting 

at a meeting duly warned and called for that purpose, before 
the first day of July next, shall by ballot vote to accept the 
same. Approved April 9, 1861. 

Chap. 159 -^^ -^^^ ^^ RELATION TO THE ELECTION OF CLERKS OF POLICE 

COURTS. 

Be it enacted, §'c., as folloivs: 
Amendment of Tlic fourtli scctiou of tho ouc liuudred and sixteenth chap- 
ter of the General Statutes, is hereby amended by striking 
out the words " or national " in the fourth line thereof. 

Approved April 9, 1861. 

Chap. 1 60 ^^ -^^^ ^''^ RELATION TO THE PAYMENT OF MILEAGE TO MEMBERS OF 
"' THE LEGISLATURE. 

Be it enacted, §'c., as follows : 

Time of pay- Thc mileage payable to members of the senate and house 
of representatives, shall be paid on the first day of the next 
month after the commencement of the session. 

Approved April 9, 1861. 



ment. 



Chap. 161 



An Act to authorize j. i. hillard and job b. french to extend 
their wharf. 

Be it enacted, §'c., as follows : 
Location. J. I. Hillard and Job B. French are hereby authorized to 

extend their wharf in the city of Fall River, of the same 
Limit. width as it is now constructed, into Mount Hope Bay for the 

distance of three hundred feet beyond its present limits by 

lines parallel with the line of Rodman's Wharf, so called, in 
Rights. said city ; and they shall have the right to lay vessels at said 



1861.— Chapters 162, 163, 164. 475 

wharf, and to receive dockage and wharfage therefor : 
provided, that this grant shall in no wise impair the legal Proviso. 
rights of any person. Approved April 9, 18G1. 

An Act to amend section one hundred and sixteen, of chapter Chap. 162 

FIFTY-SEVEN OF THE GENERAL STATUTES. 

Be it enacted, Sfc, as folloivs : 

The one hundred and sixteenth section of the fifty-seventh ^^^^^r^^o^" ""^ 
chapter of the General Statutes, is hereby so far amended, 
that the destruction of circulating notes therein mentioned, 
shall be in the presence of the auditor, and the cashier and 
one of the directors of the bank ; and the certificate tlierein 
required shall be signed by the auditor, and such cashier 
and director. Approved April 9, 1861. 



An Act in relation to costs in certain cases. Chap. 163 

Be it enacted, ^'■c, as follows: 

In all causes pending in the superior court, in which an Taxation of costs. 
appeal or exceptions are taken, and the question arising 
thereon shall be entered in the supreme judicial court, no 
costs except the clerk's term fee, shall be taxed to either 
party after the second term next succeeding the term at 
which the appeal or exceptions are taken, so long as the 
question upon such appeal or exceptions continues in the 
supreme judicial court. Approved April 9, 1861. 



Chap. 164 



An Act concerning the provisions for widows in certain 

cases. 
Be it enacted, Sfc, as folloivs: 

Section 1. When a man dies having lawfully disposed ^'^'^'^ °^ '^^"^''■ 
of his estate by will, and leaving a widow, she may at any 
time within six months after the probate of the will, file in 
the probate office in writing, her waiver of the provisions 
made for her in the will ; and shall in such case be entitled 
to such portion of his real and personal estate as she would 
have been entitled to if her husband had died intestate : 
provided, however, that if the share of the personal estate Proviso, 
to which she would thus become entitled shall exceed the 
sum of ten thousand dollars, she shall in such case be 
entitled to receive in her own right the said amount of ten 
thousand dollars, and to receive the income only of the 
excess of said share above said sum of ten thousand dollars, 
during her natural life. If she makes no such waiver she 
shall not be endowed of his lands, unless it plainly appears 
by the will to have been the intention of the testator that 
she should have such provisions in addition to her dower. 



476 



1861.— Chapters 165, 166, 167. 



Appointment of 

trustees. 



Repeal. 



Chap. 165 



Military and oth- 
er purposes. 



Chap. 166 



Compulsory at- 
tendance. 



Chap. 



Form of blank 
books. 



Section 2. Upon application made by the widow or any 
one interested in the estate, the judge of probate may 
appoint one or more trustees to receive, hold and manage, 
during the lifetime of the widow, the portion of the personal 
estate of her deceased husband, exceeding ten thousand 
dollars, of which she is entitled to receive under this act. 

Section 3. The twenty-fourth section of the ninety- 
second chapter of the General Statutes, is hereby repealed. 

Approved April 9, 1861. 

An Act to authorize cities to appropkiate moneys for certain 

purposes. 
Be it enacted, Sfc, as follows: 

Any city, by vote of the city council thereof, in addition 
to the sums heretofore authorized by law to be raised and 
appropriated, may appropriate any funds in its treasury, or 
raise money by taxation, and appropriate the same, for the 
providing of armories for the use of military companies, for 
the celebration of holidays, and for other purposes of a 
public nature : provided, that such appropriations shall be 
made by vote of two-thirds of the members of each branch 
of the city council present and voting by yea and nay vote, 
and that the amount of such appropriations made by any 
city, in any one year, shall not exceed one-fiftieth of one 
per cent, of its valuation for the same year. 

Approved April 9, 1861. 

An Act relating to witnesses before the executive council. 
Be it enacted, &,'c., as follows. • 

Witnesses may be summoned and compelled to attend and 
testify before the executive council, or any committee thereof, 
at any hearing before them, as to matters within their juris- 
diction ; and such witnesses shall be summoned in the same 
manner, paid the same fees, and in the same manner, and 
be subject to the same penalties for default, as witnesses 
before the legislature. Approved April 9, 1861. 

167 An Act to secure a uniform description and appraisal of 
estates in the commonwealth. i^or the purposes of taxation. 

Be it enacted, Sfc, as follows : ^^iv 

Section 1. The secretufy of the Commonwealth shall 
furnish to each of the cities and towns in the State, on or 
before the first day of May in each year, suitable blank 
books for the use of the assessors of said cities and towns in 
the assessment of taxes, which books shall contain blank 
columns numbered from one to twenty-seven, inclusive, with 
uniform headings for a valuation list, and blank tables for 
aggregates, in the following form : — 



1861.— Chapter 167. 



477 



i 

in 
Si 


•xb; ^BALqSiq d'ivSaxnSy 






•a'jBjsa iBaa uo xbx 


CM 




•a;B}sa iBuosjad uo xbx 






s 


•suod no XBX 






•3;i!;S3 IB3J puB IDUOS 
-jod 'snod UO XB^ qSBO IB^OX 


CO 


i 


•81B;sa iB9a uo xbj ibjox 


(M 


i 


•ajBjsa IB3J JO aniBA a;,.iggv 


Ol 




•aniBS JO aiiiBA 


O 
(M 




•jjBiIAi jo ;3aj iBiog-iadug 


O 




•aiDBS JO sn^BA 


00 
1—1 




•pnBt 
JO joi qoB8 nt jaaj 
aosajoBjo jaquinj^ 


•;aa^ 






•sajoy 


•uos 
-.lad qoB3 vfq panAio pxreijo 
j }oi A'jsAa puB ipBa JO 'asi.M. 
-aaqjo jo aiuBn Aq uoijduo'sad 


CO 

T— 1 




•POBI JO 

aATsnpxa 'sSnipnnqjo aniBA 






•sasn Jtam SutoiBa ^q paquos 
-ap 'spuiJi \\v JO sSnipnnff 


I— 1 




•a;B}sa ^Bnosjad no xbj ibjox 


CO 




•ajBjsa iBuosjad sxqBjtjj 
s.uosjad qoBa jo ojcSaaSSy 






•auiBs JO atiiBA 


i-H 

T— 1 




•pauiBn ajoj 
-aq jon ajBjsa iBuosaad aiq 
-BJBJ .laqjo wv JO uoiiduosoa 


o 

1—! 




■^oo^s 
aAii JO pui3i qoBa jo aniBA 

j 


05 




1 •.(lajBavdas paijioads 
pupt qoBa '3100JS aAji jo -ox; 


CO 




•sjuacunsnqBjsa S.OBjnuBni 
ur pasn jfjaniqoBui jo aniBA 


t- 




•sjassB qsBs jo atiiBA 


«o 




•sjassB 
qSBO aiqBXBj jo noijduosad 


lO 




•apBj; m lioojs 
aioq.vi. SjUosaad qoBa jo aniBA 


'^ 






•snod uo XBJ qSBD IBJOl 


CO 




•siiod JO jaqninx 


(M 






■Names 
of persons 
assessed. 




d 





s'^' 

^ 

"« 






^ 



^ 



'Si 



^ 



•UAIO? .to 

;f}io aqj ni paxB; 
puBI JO saaoB 
JO jaqmnu ib;ox 


1—1 




•daaqs 
JO jaqninu ibjox 


I— 1 




•sAioa 
JO jaqranUiiBjox 


O 
I— I 




•sasioq 
JO aaqrann Ib;ox 


05 




•sasnoq-gntnaM.p 
JO jaqmnu'iBjox 


CO 






•—81 'I ^BiM 

'nORBllIBA IBJOX 


^- 




•xb; ibjoj 
JO' •^uao .lad ajt'a 


CO 




•xb; Avm. 
-qSiq guipnput 
'sasodjnd uAio:j 
puB if j[o 'A'junoo 

ajBJSJOJXBJIBJOX 


>o 


j 


■ajBjsa iBai 
JO aniBA iBjox 


Tf^ 




•ajBjsa iBuosjad 
JO aniBA XBjox 


CO 




■snod uo XB} IB|0X 


(M 




•snod 
JO jaqrann iBjox 


1—1 





Section 2. The assessors in each of the several cities order or entry ia 
and towns shall enter in the books furnished in accordance ''«^«s^°'"^' ^°°^^- 



478 1861.— Chapter 167. 

with the provisions of the preceding section, the valuation 
and assessment of the polls and estate of the inhabitants 
assessed, in the following order : 

In column number one. The names of tlie inhabitants or 
parties assessed for polls or estate. 

In column number two. The number of polls for which 
any person named in the preceding column is taxable. 

In column number three. Total amount of cash tax on 
polls. 

In column number four. The amount of each person's 
whole stock in trade, including all goods, wares and mer- 
chandise at home or abroad of ratable estate whether paid 
for or otherwise. 

In column number five. A description of all ratable cash 
assets, viz. : Amount of money at interest more than the 
person assessed pays interest for, including public securities ; 
the amount of money on hand including deposits in any bank 
or in any savings bank which is not exempted by law from 
taxation ; the number of shares of stock which are taxable, 
with the name of the corporation in any bank, railroad, 
insurance, manufacturing, or other incorporated company. 

In column number six. The true ratable value of the 
several items enumerated in the preceding column, placed 
opposite the description of said property or shares. 

In column number seven. The true value of machinery 
used in all kinds of manufacturing establishments, including 
steam-engines, <fec., the value of such machinery to be entered 
opposite the description of the building in which it is used. 

In columns number eight and nine. The whole number of 
taxable live stock, including horses, mules, asses, oxen, cows, 
steers, heifers, sheep and swine, each kind to be stated sepa- 
rately, with the value affixed to each. 

In columns number ten and eleven. Description of all 
other ratable personal estate not before enumerated, such 
as carriages, income, plate, furniture, tons of vessels, &c., 
with the true value of the same. 

In column number twelve. The aggregate of each person's 
ratable personal estate. 

In column number thirteen. The total tax on each person's 
personal estate. 

In column number fourteen. Buildings of all kinds shall 
be described in the following order : — 

Dwelling-houses ; barns ; shops of all kinds, naming their 
uses ; stores ; warehouses ; distil-houses ; breweries ; tan- 
neries and other manufactories of leather ; rope-walks ; grist- 
mills ; saw-mills ; steam and other mills not above enume- 



1861.— Chapter 167. 479 

rated ; cotton factories, with the number of spindles and 
looms used in tlie same ; woollen factories, with the number 
of sets of cards used in the same ; linen factories, with the 
number of spindles and looms ; print works ; bleacheries ; 
gas works ; paper mills ; card factories ; boot and shoe fac- 
tories ; India rubber factories ; carriage and car factories ; 
piano-forte and musical instrument factories ; sewing-machine 
factories ; chair, pail, tub, and other wooden-ware factories ; 
oil-factories ; glass factories ; all kinds of iron and brass 
works, and other buildings not above named. 

In column number fifteen. True value of buildings enume- 
rated in the preceding column placed opposite the description 
of the same, including water wheels ; such value to be exclu- 
sive of land and water-power and of the machinery used in 
said buildings. 

In columns number sixteen., seventeen and eighteen. A 
description by name or otherwise of each and every lot of 
land assessed, the same placed opposite the name of the 
person or party to whom it is taxable, with the number of 
acres or feet in each lot ; tlie number of quartz sand beds, 
of stone quarries and ore beds ; and the true value thereof. 

In columns number nineteen and twenty. The number 
of superficial feet of wharf, and the total value of the same. 

In column number twenty-one. The aggregate value of 
each person's taxable real estate. 

In column number twenty-two. The total tax on real 
estate. 

In column number tv^enty -three. The aggregate cash tax 
assessed to each person on polls, personal and real estate. 

In columns number twenty-four ., twenty-five., twenty-six and 
twenty-seven. The amount assessed for highway tax ; on 
polls ; on personal estate ; on real estate ; and the aggregate 
of the same. 

Section 3. The assessors shall fill up the table of aggre- Tabie^of aggre- 
gates, by an enumeration of the necessary items included ^*"^^' 
in the lists of valuation and assessments required by the pre- 
ceding section, and shall, on or before the first day of Octo- 
ber in each of the first four years of each decade, deposit in Assessors to de- 
the office of the secretary of the Commonwealth an attested L^etarT'"' """ 
copy of the same, containing: 

First. — The total number of polls. 

Second. — The total tax on polls. 

Third. — The total tax on personal estate. 

Fourth. — The total tax on real estate. 

Fifth. — The total tax for state, county, and town purposes, 
including highway tax. 
18 



480 



1861.— Chapter 168. 



Subsequent re- 
turns by assess- 
ors. 



Secretary to fur- 
nish assessors 
with copy of act, 
&c. 



Penalty for neg- 
lect by assessors. 



Sixth. — The rate per cent, of total tax. 

Seventh. — The total valuation of the city or town. 

Eighth. — Total number of dwelling-houses assessed. 

Ninth. — Total number of horses assessed. 

Tenth. — Total number of cows assessed. 

Eleventh. — Total number of sheep assessed. 

Twelfth. — Tlie total number of acres of land assessed in 
the city or town. 

The assessors shall make similar returns in the first four 
years of the last half of each decade ; and in every fifth and 
tenth year of each decade, they shall deposit in the office of 
the secretary of the Commonwealth, on or before the first 
day of October, a certified copy, under oath, of the assessors' 
books of those years ; and said books thus deposited shall 
contain an aggregate sheet properly filled in accordance 
with the provisions of this act, which shall be in like manner 
certified by the assessors ; and in every fifth and tenth year 
of each decade, the secretary shall furnish duplicate copies 
of blank books to the cities and towns for the foregoing pur- 
pose : provided, however., that in the case of the city of Bos- 
ton, the returns, required by this section to be deposited in 
the office of the secretary, may be thus deposited on or before 
the first day of November, in the several years respectively. 

Section 4. The secretary of the Commonwealth shall 
cause to be printed and bound in the books to be furnished 
for the use of the assessors, a copy of this act, and such 
certificates as are required by the same and by the General 
Statutes to be signed by the assessors, together with such 
explanatory notes as may by him be deemed expedient, for 
the purpose of securing uniformity of returns under the 
several headings ; and he shall compile and cause to be 
printed annually, for the use of the legislature, the aggregate 
returns from the cities and towns in tlie Commonwealth 
arranged by counties, so as to exhibit the total valuation of 
the towns, cities, counties, and state. 

Section 5. If the assessors of any city or town shall 
neglect to comply with the requirements of the second or 
third section of this act, eacli assessor so neglecting shall 
forfeit a sum not exceeding two hundred dollars. 

Approved April 10, 1861. 



Chap 



Appointment of 
inspector. 



1 aoi An Act for the inspection of gas meters, the protection of 

GAS consumers AND THE PROTECTION AND REGULATION OF GAS 
LIGHT COMPANIES. 

Be if. enacted, §'c., as folloivs: 

Section 1. The governor shall, with the advice and con- 
sent of the council, appoint an inspector of gas meters and 



1861.— Chapter 168. 481 

of illuminating gas, whose office shall be in the city of J'utfes"'' ^^"^ 
Boston, and whose duty it shall be, when required, as is 
hereinafter provided, to inspect, examine, prove, and ascer- 
tain the accuracy of any and all gas meters to be used for 
measuring the quantity of illuminating gas to be furnished 
to or for the use of any person or persons, and when found 
to be correct, to seal, stamp, or mark all such meters, and 
each of them, with some suitable device, and with his name, 
the date of his inspection, and the number of burners it is 
calculated to supply. Such device shall be recorded in the 
office of the secretary of the Commonwealth. 

Section 2. He shall hold his office for the term of three Tenure of office. 
years from the time of his appointment, and until the 
appointment of his successor, but may be removed by the 
governor and council at their pleasure ; and he shall receive compensation. 
an annual salary of three thousand dollars, which shall 
include his office-rent and expenses, to be paid out of the 
treasury on the warrant of his excellency the governor. 
Such inspector shall not in any way or manner, directly Restrictions. 
or indirectly, be interested pecuniarily in the manufacture 
or sale of illuminating gas or gas meters, or of any article 
or commodity used by gas light companies, or for any pur- 
pose connected with the consumption of gas, or with any 
gas company ; and shall not give certificates or written 
opinions to any maker or vender of any meter, or of any 
such article or commodity ; and he shall be duly sworn to oath of office and 
the faithful performance of his duties, and shall give bonds 
in the sum of five thousand dollars for the faithful discharge 
of the same : provided, hoivever, that no warrant shall be Proviso. 
drawn for the whole or any part of the salary of said com- 
missioner for any larger amount than may have been actually 
paid into the treasury of the Commonwealth. 

Section S. Said inspector shall, within three months List of gas com- 
after his appointment, furnish to the treasurer and receiver- P'^""'"' 
general a list of all the gas light companies in operation in 
the Commonwealth ; and his salary for the year then com- inspector's saia- 
menced, and annually thereafter, shall be assessed and paid ^'y- i^ow paid. 
into the treasury of the Commonwealth by the several gas 
light companies in this Commonwealth, in amounts propor- 
tionate to their appraised valuation, as declared in the 
returns required in the General Statutes of this Common- 
wealth, chapter sixty-eight, section twenty ; and in case Delinquent com- 
such gas light companies, or any or either of them, shall fugTagainlt?*^*^' 
refuse or neglect to pay into the treasury the amount or 
portion of said salary which shall be by said treasurer 
required of them respectively, for the space of thirty days 



^482 



1861.— Chapter 168. 



Appointment of 
deputies. 



Qualification. 
Disabilities. 
Fees, &c. 



Standard of 
measure. 



Sealing of me- 
ters. 



Apparatus. 



after written notice given by said treasurer to them respec- 
tively, to make such payment, then the said treasurer shall 
institute an action in the name of and for the use of the 
Commonwealth, ajjainst any such delinquent gas light com- 
pany for their said portion or amount of such salary with 
interest thereon, at the rate of ten per centum per annum, 
from the time when said notice to make such payment was 
given, and the costs of the action. 

Section 4. Whenever the inspector shall find himself 
unable to attend to his duties in any city or town of any 
county, he shall appoint temporarily, and for such time as 
he may deem expedient, one or more deputy-inspectors of 
meters for such county, who shall act under his direction ; 
they shall be duly sworn to the faithful performance of their 
duties, and shall not in any manner be connected with or 
employed by any gas company, and shall be subject to the 
same disabilities as are set forth in section second, and shall 
be paid by fees for examining, comparing, and testing gas 
meters, with or without stamping them, which fees shall be 
twenty-five cents for each meter delivering a cubic foot of 
gas in four or more revolutions, vibrations, or complete 
repetitions of its action, and tiiirty cents for each meter 
delivering a cubic foot of gas in any less number of revolu- 
tions as heretofore described, and for each meter thus deliv- 
ering more than one cubic foot of gas as before-named the 
further sum of twenty cents for every additional cubic foot 
of gas delivered : provided, however, that in all cases of 
inspection by the deputy-inspector the gas company or con- 
sumer may appeal to the state inspector from the deputy- 
inspector's decision. 

Section 5. The standard or unit of measure for the 
sale of illuminating gas by meter shall be the cubic foot, 
containing sixty-two and three hundred twenty-one one- 
thousandth pounds avoirdupois weight of distilled or rain- 
water, weighed in air of the temperature of sixty-two 
degrees Fahrenheit scale, the barometer being at thirty 
inches. 

Section 6. No meter shall be set after the first day of 
October, eighteen hundred and sixty-one, unless it be sealed 
and stamped in the manner required by this act. 

Section 7. There shall be provided at the expense of 
the gas companies of the Commonwealth, at the office of 
the inspector, a standard measure of the cubic foot, and 
such other apparatus as in his judgment shall be necessary 
for the faithful performance of the duties of his office. 



1861.— Chapter 168. 483 

Section 8. Every gas light company with a capital paid Test gas-hoiders. 
in of one hundred thousand dollars, or more, and every 
maker and vender of meters, shall set up at some convenient 
place upon their premises a gas-holder, to be tested, and if 
correct, stamped and sealed, containing five or more cubic 
feet, by means of which meters shall be tested at the average 
pressure at which gas is supplied in the city or town where 
they are to be used, attention being paid to the temperature 
of the room where the trial is made, of the apparatus, and 
of the gas. There shall be provided by every gas light Test meters. 
company, a test meter of a construction approved by the 
inspector and stamped by him, to be used in cities and 
towns where no test gas-holders are provided, or whenever 
proving by a gas-holder is impracticable or inconvenient. 
In the examination of a meter the inspector shall sec that Examination, 
it is of an approved principle, and shall give his particular strmpkig!*" 
attention to the measure of the dial-plate ; he sliall prove 
the meter when set level, and for each burner whicli the 
manufacturer has stamped it to register, it shall be capable 
of passing gas accurately at the rate of six cubic feet per 
hour ; and no dry meter shall be stamped correct which 
varies more than two per cent, from the standard measure 
of the cubic foot, and no wet meter shall be stamped correct, 
which is capable of registering more than two per cent, 
against the consumer, and five per cent, against the com- 
pany. He shall keep at his office a correct record of all Record of meters. 
meters inspected by him, with tlieir proof at the time of 
inspection, which record shall be open at all times for 
examination by the officers of any gas light company in this 
Commonwealth. 

Section 9. Meters in use shall be tested on the request Expense of test- 
of the consumer, or the gas light company, in the presence '°s meters. 
of the consumer if desired, with sealed apparatus, as pro- 
vided for in section eight, by the inspector or deputy-inspec- 
tor. If the meter is found to be correct, the party requesting 
the inspection shall pay the fees named in section four, and 
the expense of removing the same for the purpose of being 
tested, and the re-inspection shall be stamped on the meter. 
If proved incorrect, the gas light company shall pay such 
expenses, and shall furnish a new meter without any charge 
to the consumer. 

Section 10. Illuminating gas shall not be merchantable standard of gas. 
in this Commonwealth which has a minimum value of less 
than twelve candles : that is, a burner consuming five cubic 
feet per hour shall give a light as measured by the photo- 
metric apparatus in ordinary use, of not less than twelve 



484 1861.— Chapter 168. 

standard sperm candles, each consuming one hundred and 
How tested. tweuty graius per hour. Every gas is to be tested with the 
burner and under the pressure best adapted to it, and the 
result shall be calculated at a temperature of sixty degrees 
Fahrenheit. Whenever requested by the mayor and alder- 
men of any city, or the selectmen of any town, the inspector 
shall report to them whether the gas supplied in the respec- 
tive city or town is of the legal standard, and also whether 
it is sufficiently well purified from sulphuretted hydrogen, 
ammonia, and carbonic acid. 

Right of gascom SECTION 11. Any officcr or scrvaut of a gas light com- 
panies to enter _. . '' , . . . , , ■ ? j_ 

premises, &c. patty, duiy authorizcd in writing by the president, treasurer, 
agent, or secretary of said company, may at any reasonable 
time, enter any premises lighted with gas supplied by such 
company, for the purpose of examining, or removing the 
meters, pipes, fittings, and works for supplying or regulating 
the supply of gas, and of ascertaining the quantity of gas 
consumed or supplied ; and if any person shall at any time, 
directly or indirectly, prevent or hinder any such officer or 
servant from so entering any such premises, or from making 
such examination, or removal, such officer or servant may 
make complaint under oath to any justice of the peace of the 
county wherein such premises are situated, stating the facts 
in the case so far as he has knowledge thereof, and the said 
justice may thereupon issue a warrant directed to the sheriif 
or either of his deputies, or to any constable of the city or 
town where such company is located, commanding him to 
take sufficient aid, and repair to said premises accompanied 
by such officer or servant who shall examine such meters, 
pipes, fittings, and works for supplying or regulating the 
supply of gas, and of ascertaining the quantity of gas con- 
sumed or supplied therein, and, if required, remove any 
meters, pipes, fittings, and works belonging to said company. 

Rigiit to stop Section 12. If any person or persons supplied with gas 
neglects or refuses to pay the amount due for the same, or 
for the rent of the meter or other articles hired by him or 
them of the company, such company may stop the gas from 
entering the premises of such person or persons. In such 
cases, the officers, servants, or workmen of the gas light 
company, may, after twenty-four hours' notice, enter the 
premises of such parties, between the hours of eight in 
the forenoon and four in the afternoon, and separate and 
take away such meter, or other property of the company, 
and may disconnect any meter, pipes, fittings, or other works, 
whether the property of the company or not, from the mains 
or pipes of the company. 



gas, &c. 



1861.— Chapter 169. 485 

Section 13. Every person who wilfully or fraudulently Penalties for in- 
injures, or surfers to be injured, any meter, pipes or nttmgs, &c. 
belonging to any such gas light company, or prevents any 
meter from duly registering the quantity of gas supplied 
through the same, or in any way hinders or interferes with 
its proper action or just registration, or fraudulently burns 
the gas of said company, or wastes the same, sliall for every 
such offence, forfeit and pay to the company not more than 
one hundred dollars, to be recovered in an action of tort to 
be brought by the company against such offender, and in 
addition thereto, shall pay the company the amount of dam- 
age by them sustained by reason of such injury, prevention, 
waste, consumption, or hinderance. 

Section 14. Every person who attaches any pipe to any 
main or pipe belonging to any such gas light company, or 
otherwise burns, or uses, or causes to be used, any gas sup- 
plied by said company, without tlieir written consent, unless 
the same passes though a meter set by the company, shall 
forfeit and pay to said company the same fine and in the 
same manner as declared in section thirteen. 

Section 15. This act shall apply to all companies who Act to take effect. 
manufacture gas for sale, and shall take effect July first, 
eighteen hundred and sixty-one. Approved April 10, 1861. 

An Act TO INCORPORATE THE PHILLIPS WHARF CORPORATION. Clldf) 169 

Be it enacted, §'c., as follows: 

Section 1. Willard P. Phillips, Stephen H. Phillips, corporators. 
George W. Phillips, their associates and successors, are 
hereby made a corporation, by the name of the Phillips Title. 
Wharf Corporation, with power to purchase and hold in fee Powers. 
simple or otherwise, any part or the whole of the estate 
extending from Derby Street in Salem, to Salem Harbor, 
and now owned by said Willard P. PhiUips, with all the Privileges, &c. 
privileges and appurtenances to the same belonging, and all 
the rights of every kind now vested in said Willard P. Phil- 
lips as owner of such wharf. And said corporation may 
improve and manage said estate for mercantile purposes, 
in such manner as they shall deem expedient, and may sell 
and convey the same or any part thereof, and may purchase 
any other real estate, that may be expedient for the beneficial 
enjoyment of their property : provided, that nothing herein proviso. 
contained shall authorize the said corporation to infringe 
upon the legal rights of any person, or to build any wharf 
or other structure on the premises which is not now author- 
ized by the one hundred and eleventh chapter of the acts of 



486 1861.— Chapters 170, 171. 

the year one thousand eight hundred and forty-seven, or 
otherwise by the laws of the Commonwealth. 

Shares. SECTION 2. Said Corporation may, at any legal meeting, 

agree upon the number of shares, not exceeding three thou- 
sand, into which their stock shall be divided, and may, from 

Assessments. time to time, assess upon the stockholders such sums of 
money, not exceeding in the whole one hundred dollars on 
each share, as may be necessary for the purchase, improve- 
ment and management of their estate, and may, in case any 
stockholder shall neglect to pay any such assessment, cause 
such of the shares of sucli stockholder as may be sufficient 
therefor to be sold, in such manner as the said corporation 
by their by-laws may determine. 

Privileges, SECTION 3. Said Corporation shall have all the powers 

restrictions, &c. ^^^^ privileges, and be subject to all the duties, restrictions 
and liabilities, contained in the sixty-eighth chapter of the 
General Statutes. 

Limitation. SECTION 4. This act shall take effect upon its passage, 

and shall continue in force for the term of twenty years, 
unless sooner repealed. Approved April 10, 1861. 



Chap. 170 



An Act in regard to agents of insurance companies. 
Be it enacted, Sfc, as folloios : 
Agents, how con- Any pcrsou who solicits insurance on behalf of any fire or 
cogni^eV"*^ """' life insurance company, whether chartered in this Common- 
wealth or elsewhere, or who transmits for any person other 
than himself, an application for insurance or a policy of 
insurance to or from said company, or advertises that he 
will receive or transmit the same, shall be held to be an 
agent of that company, to all intents and purposes and 
within the meaning of section seventy-seven of chapter fifty- 
eight of the General Statutes, unless it can be shown that 
he receives no commission, or other compensation or con- 
sideration, for such service, from the said company. 

Approved April 10, 1861. 

Chat) 171 -A^N Act relating to corporations and the assessment of taxes 

^' UPON THE SHARES THEREOF. 

Be it enacted, ^"c, as follows : 

Assessors to make SECTION 1. The asscssors of tlic scvcral cities and towns 
returns to secre- gj^^|j^ ^^^ ^^ bcforo the first day of September next, and every 
third year thereafter, return to the secretary of the Common- 
wealth the number and names of the several industrial cor- 
porations, and the number and names of the banks and 
insurance companies established in their respective cities 
and towns, with the amount of cajDital stock owned by each, 



1861.— Chapter 172. 487 

reckoned at tlie par value thereof, the number of shares 
issued, and the amount for which the real estate and 
machinery of manufacturing corporations are taxed in such 
cities and towns. Also, tlie number and names of savings 
banks in such cities and towns, and the whole amount of 
deposits in each. Also, the number of shares in industrial 
corporations, railroads, banks, insurance companies, and 
steam-ship companies, specifying the number of shares in 
each company which are taxed in such cities and towns, and 
the value of such shares as they stand upon the assessors' 
books. Also, the amount of deposits in any savings banks, 
specifying the name thereof, taxed in their respective cities 
and towns. 

Section 2. 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 
hundred and sixty-one, and for every third year thereafter. 

Section 3. The secretary of the Commonwealth shall, secretary to fur- 

,p , % n , -I n T 1 1 If ,1 nish blank forms. 

on or beiore the hrst day oi J Line next, and on or beiore the 
first day of June of every third year thereafter, transmit to 
the several cities and towns suitable blank forms, to enable 
the several assessors to make the returns prescribed in the 
foregoing sections of this act. 

Section 4. The secretary shall make a digest of the to make abstract 
returns of the assessors, made to him in conformity with the ° 
foregoing provisions of this act, in convenient form, for the 
use of the legislature, and shall cause the same to be printed 
on or before the first day of January next, and on or before 
the first day of January of every third year thereafter ; and 
in addition to the number provided for the legislature, shall 
cause one copy of the same to be sent to the clerk of each 
city and town in this Commonwealth. 

Section 5. If any agent or assessor wilfully refuses or Penalty, 
neglects to perform any duty required of him by this act, 
he shall forfeit a sum not exceeding three hundred dollars. 

Approved April 10, 1861. 

An Act in relation to certain expenses of police courts. Chap. 1 72 
Be it enacted, Sfc, as follows : -* 

The twenty-first section of the one hundred and sixteenth Amendment of 

chapter of the General Statutes is hereby so amended, that O'^^e™! statutes. 

no part of the expenses set forth therein shall be repaid to 

the counties out of the treasury of the Commonwealth. 

Approved April 10, 1861. 
19 



488 1861.— Chapters 173, 174, 175. 

Chan 173 ^^ ^^^ ^'-* i^epeal chapter twenty-one of the acts of one 

^ THOUSAND EIGHT HUNDRED AND SIXTY-ONE. 

Be it enacted, ^c, as follows: 

Appropriation for SECTION 1. The twentv-first cliaptei" of the acts of the 

emergency fund , • i i i j 

repealed. prescut year IS hereby repealed. 

Section 2. This act shall take effect upon its passage. 

Approved April 10, 1861. 

Chap. 1 74 An Act extending the powers of executors, administrators, 
guardians, and trustees, to settle controversies by arbi- 
tration OR compromise. 
Be it enacted, Sfc, as follows : 

S.J. Court to au- SECTION 1. The supremc judicial court may authorize 

&rrto\^cyus*t°by executors, administrators, guardians, and trustees, to adjust 

arbitration, &c. j^y arbitration or compromise, any controversy that may arise 
between different claimants to the estate in their hands, to 
which such executors, administrators, guardians, or trustees, 
together with all other parties in being, claiming an interest 

Court to confirm in such cstatc, shall be parties. And any award or compro- 
mise made in writing in such case, shall, if found by the 
court just and reasonable in relation to its effects upon any 
future contingent interests in said estate, be valid and bind 
such interests as well as the interests of the parties in being : 

Proviso. provided, however, that where it shall appear that such future 

contingent interests may be affected, the court may appoint 
some suitable person or persons to represent such interests 
in such controversies, upon such conditions as to costs as to 
the court shall seem equitable. 

Bills in equity. SECTION 2. Whenever any one has a claim against the 
estate of a deceased person, which has not been prosecuted 
within the time limited by law, he may apply to the supreme 
judicial court, by bill in equity setting forth all the facts ; 
and if the court shall be of opinion that justice and equity 
require it, and that said claimant is not chargeable with 
cul{)able neglect, in not bringing his suit within the time 
limited by law, they may give him judgment for the amount 
of his claim against the estate of the deceased person ; but 
such judgment shall not affect any payments or distributions 
made before the commencement of such bill in equity. 
Section 3. This act shall take effect upon its passage. 

Approved April 10, 1861. 

Chap. 1 75 -^ -A-CT to amend " An Act to incorporate the sailors' snug 

harbor of boston." 
Be it enacted, S)'c., as follows. • 

Real and person- SECTION 1. The act to iucorporatc the Sailors' Snug 
a estate. Harbor of Boston, passed the twentieth day of May, in the 



1861.— Chapters 176, 177. 489 

year one thousand eight hundred and fifty-two, is so far 
amended as to allow said corporation to hold real and per- 
sonal property not to exceed in value at any one time, the Amount. 
sum of two hundred and fifty thousand dollars. 

Section 2. This act shall take effect upon its passage. 

Approved April 10, 1861. 



Chap. 176 



An Act to authorize the transfer of certain flats in boston 

HARBOR. 

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

Section 1. Tlie governor and council are hereby author- commissioners 
ized to appoint three commissioners, who may sell, or lease, LT^'gOTeXr°*to 
for such term of years as they may deem expedient, under seii or lease flats. 
the provisions of the one hundred and third chapter of the 
resolves of the year eigliteen hundred and fifty-nine, to the 
Boston and Maine Railroad Company, or to the Eastern 
Railroad Company, for the purposes of widening the bridges 
of the said companies, across Charles River, all the flats 
within the area lying easterly of a line running through the 
centre of what was a dock between land of the Boston and 
Maine Railroad Company, and the Eastern Railroad Com- 
pany, northerly of Causeway Street, in Boston. 

Section 2. The conditions of sale, or lease, shall pro- conditions of 
vide that the said widening shall be on piles driven in exten- *'^^'^^'*""- 
sion of the present line of piles, and that the said railroad 
company or companies shall make compensation for the 
water displaced by said piles by excavation from the flats or 
marshes, between liigh and low-water mark, above this 
improvement, in a place, and in such a time, and to such an 
extent, as shall be approved of by the committee on the 
harbor of tlve city of Boston, and a commissioner to be 
appointed by the governor and council ; said commissioner to 
be paid by the said railroad company or companies such 
compensation as the governor and council shall direct. 

Section 8. For the purposes of this act the restrictions Repeal, 
of the one hundred and third cliapter of the resolves of the 
year eighteen hundred and fifty-nine, inconsistent with the 
provisions of this act, are hereby suspended. 

Approved April 10, 1861. 



Chap. 177 



An Act to limit the time for bringing actions for conversion 
OP personal property. 

Be it enacted, Sfc, as follows : 

Section 1. Section two of chapter one hundred and Action to be com- 
fifty-five of the General Statutes, is hereby so amended, ^oTears. '"'*'*'' 
that against executors, administrators, guardians, trustees, 



ply 



490 1861.— Chapters 178, 179. 

sheriffs, deputy-sheriffs, constables, and assignees in insol- 
vency, actions for the taking or conversion of personal 
property, shall be commenced within two years next after 
the cause of action accrues. 

statutes to ap- SECTION 2. All provisious of law applicable to thc actious 
in said section mentioned, shall be applicable to the actions 
mentioned in the preceding section, in the same manner and 
with the same effect as if the actions in the preceding sec- 
tion mentioned had been originally mentioned in section two 
of chapter one hundred and fifty-five of the General Statutes. 

Existing causes. SECTION 3. No suit upou any cause of action which has 
accrued prior to the passage of this act, shall be defeated, 
provided such action is commenced within one year from the 
passage hereof. 

Section 4. This act shall take effect upon its passage. 

Approved April 10, 1861. 

Chan. 178 -^^ ■^^^'^ '^^ CONFIRM and establish THE ORGANIZATION OF THE 
^ ' VINE STREET CONGREGATIONAL SOCIETT IN ROXBURY. 

Be it enacted, Sfc, as folloios : 
Confirmation of SECTION 1. The procccdings by which Henry Hill and 

organization. , -nii i -i ^• • 

others associated themselves together as a parish or religious 
society, and formed the Vine Street Congregational Society 
in Roxbury, on the eighteenth day of April, in the year of 
our Lord eighteen hundred and fifty-seven, and the proceed- 
ings of said society, in its further organization, on the 
twenty-ninth day of said April, are hereby ratified and con- 
firmed, and said society recognized, established and con- 
Priviiegesandre- firmed, as a paosh or religious society, with all the powers 
and privileges, and subject to all the restrictions, liabilities 
and duties, of such societies, under the laws of this Com- 
monwealth. 

Section 2. This act shall take effect upon its passage. 

Approved April 10, 1861. 

Chap. 179 ^^ ^^"^ ^^ AMEND " An Act to incorporate the fall river and 

^ WARREN RAILROAD COMPANY." 

Be it enacted, ^c, as follows : 
InTconslmction The time limited in the fifth section of the act approved 
extended. March Seventeenth, eighteen hundred and fifty-seven, enti- 

tled " An Act to incorporate the Fall River and Warren 
Railroad Company," within which tlie location of said rail- 
road should be filed, is hereby further extended to the first day 
of July, eighteen hundred and sixty-two, and the time in 
said section limited, within which said road should be con- 
structed and completed with at least one track, is hereby 



1861.— Chapters 180, 181, 182. 491 

extended to the first day of July, in the year eighteen 
hundred and sixty-four. Approved April 10, 1861. 

An Act concerning agricultural societies. Chap 1 80 

Be it enacted, ^'c, as folloios : 

Section 1. The premiums offered by any ao;ricultural competition for 

. . I n , 1 , (• ^ n\ premiums. 

society receiving bounty irom the treasury oi the Common- 
wealth under the provisions of the sixty-sixth chapter of the 
General Statutes, shall be subject to the competition of every 
citizen of the county in which such society is established. 
And every such society shall admit as members, upon equal ^^IbersM*" 
terms, citizens of every town in the county in which the 
same is located. 

Section 2. This act shall take effect upon its passage. 

Approved April 10, 1861. 

An Act in regard to complaints and indictment. Chan. 181 

Be it enacted, Sec, as folloios: 

Two or more counts, describing different offences, may be Plurality of 

. ' . ° •!• -I ^^ counts allowed. 

set lortii 111 the same complaint or indictment, depending 
upon the same facts or transaction : provided, that the com- Proviso, 
plaint or indictment shall contain an averment that the 
different counts therein are different descriptions of the same 
act. Approved April 10, 1861. 

An Act in relation to sealing weights and measures in the 

city of lowell. 
Be it enacted, Sfc, as follows. • 

Section 1. The sealer of weights and measures for the seaier to visit 
city of Lowell is authorized and required to go to the houses, make^^l'cyust-" 
stores, and shops of all persons within the said city of Lowell °'*°*- 
using weights and measures, for the purpose of buying and 
selling, as shall neglect to bring in their measures, weights, 
balances, scales, and beams, to be adjusted and sealed, and 
there at the said houses, stores, and shops, and having entered 
the same with the assent of the occupant thereof, to adjust 
and seal the same, or to send the same to his office to be 
adjusted and sealed ; and shall be entitled to receive there- May require dou- 
for double the fees provided by law for the same service, if ^le fees, 
they had been brought in to be adjusted and sealed, with all 
expenses attending the removal of the same. 

Section 2. If any such person shall refuse to have his Forfeiture for re- 
weights, balances, scales or beams so tried, adjusted and 
sealed, the same not having been tried, adjusted and sealed 
within one year preceding such refusal, he shall forfeit ten 
dollars for each offence, one-half to the use of the city, and 
one-half to the use of the sealer of weights and measures. 



Chap. 182 



492 



1861.— Chapter 183. 



Penalty for alter- 
ation and frau- 
dulent use. 



City may provide 
salary for sealer. 



Tenure of office. 



Act to be accept- 
ed. 



Chap. 183 



Corporators. 



Section 3. If any person shall alter any weight, balance, 
scale or beam, after the same shall liave been adjusted and 
sealed, so that the same thereby shall not conform to the 
public standard, and shall fraudulently make use of the 
same, he shall forfeit for each offence the sum of ten dollars, 
one-half to the use of the city, and one-half to the use of the 
complainant. 

Section 4. The city council of the city of Lowell may, 
by ordinance, provide that the sealer of weights and meas- 
ures for said city be paid by a salary, and that he pay the 
fees received by him, by virtue of his office, into the city 
treasury. 

Section 5. The mayor and aldermen of the city of 
Lowell are authorized to remove the sealer of weights and 
measures at any time they may see fit. 

Section 6. This act shall take effect when it shall have 
been accepted by the city council of Lowell. 

Approved April 10, 1861. 



Title. 
Purpose. 



Privileges and re- 
strictions. 



Real and person- 
al estate. 



Reservation of 
land on Back 
Bay. 



An Act to incorporate the Massachusetts institute of tech- 
nology, AND TO GRANT AID TO SAID INSTITUTE AND TO THE 
boston SOCIETY OF NATURAL HISTORY. 

Be it enacted, §"c., as follows: 

Section 1. William B. Rogers, James M. Beebe, E. S. 
Tobey, S. H. Gookin, E. B. Bigelow, M. D. Ross, J. D. Phil- 
brick, F. H. Storer, J. D. Runkle, C. H. Dalton, J. B. Francis, 
I. C. Hoadley, M. P. Wilder, C. L. Flint. Thomas Rice, John 
Chase, J. P. Robinson, F. W. Lincoln, Jr., Thomas Aspin- 
wall, J. A. Dupee, E. C. Cabot, their associates and succes- 
sors, are hereby made a body corporate by the name of the 
Massachusetts Institute of Teclniology, for the purpose of 
instituting and maintaining a society of arts, a museum of 
arts, and a school of industrial science, and aiding generally, 
by suitable means, the advancement, development and prac- 
tical application of science in connection with arts, agricul- 
ture, manufactures and commerce ; with all the powers and 
privileges, and subject to all the duties, restrictions and 
liabilities, set forth in the sixty-eighth chapter of the General 
Statutes. 

Section 2. Said corporation, for the purposes aforesaid, 
shall have authority to hold real and personal estate to an 
amount not exceeding two hundred thousand dollars. 

Section 3. One certain square of state land on the Back 
Bay, namely, the second square westwardly from the Public 
Garden, between Newbury and Boylston Streets, according 
to the plan reported by the commissioners on the Back Bay, 



1861.— Chapter 183. "493 

February twenty-one, eighteen hundred and fifty-seven, shall 
be reserved from sale forever, and kept as an open space, or 
for the use of such educational institutions of science and 
art as are hereinafter provided for. 

Section 4. If at any time within one year after the pas- organization of 

„,. , -iTj-ji i^mi 1 ini- institute to enti- 

sage 01 this act, the said institute oi ieclinology shall lur- tieittohoid land. 
iiish satisfactory evidence to the governor and council that 
it is duly organized under the aforesaid charter, and has 
funds subscribed, or otherwise guaranteed, for the prosecu- 
tion of its objects, to an amount at least of one hundred 
thousand dollars, it shall be entitled to a perpetual right to 
hold, occupy and control, for the purposes herein before 
mentioned, the westerly portion of said second square, to the 
extent of two-third parts thereof, free of rent or charge by 
the Commonwealth, subject, nevertheless, to the following 
stipulations, namely : persons from all parts of the Common- conditions. 
wealth shall be alike eligible as members of said institute, 
or as pupils for its instruction ; and its museum or conser- 
vatory of arts, at all reasonable times, and under reasonable 
regulations, shall be open to the public ; and within two 
years from tlie time when said land is placed at its disposal 
for occupation, filled and graded, said institute shall erect 
and complete a building suitable to its said purposes, appro- 
priately inclose, adorn and cultivate the open ground around 
said building, and shall thereafter keep said grounds and 
building in a sightly condition. 

Section 5. The Boston Society of Natural History shall society of Natur- 

1 I'.iiiiiT lyif 1 !• 1^1 History, pow- 

be entitled to hold, occupy and control, lor the objects and ersdeaned. 
purposes for which said society was incorporated, and which 
are more fully set forth in its constitution and by-laws, the 
easterly portion of said second square, to the extent of one- 
third part thereof: provided, that the said society shall, Proviso, 
within two years from the time when said portion of land is 
placed at its disposal for occupation, filled and graded, erect 
a building suitable to said objects and purposes, and appro- 
priately inclose, plant and adorn the open ground around 
said building, and shall thereafter keep said grounds and 
building in a neat and ornamental condition. 

Section 6. The rights and privileges given in tiie last Buildings and 
two sections, are granted subject to these further conditions proved \°y gov- 
following, namely : All buildings whatsoever, which may be "l"' ^'^'^ ''°"°' 
erected by either of the herein-named institutions upon any 
portion of said second square, shall be designed and com- 
pleted, the grounds surrounding said buildings inclosed, laid 
out and ornamented, and the said buildings and grounds 
kept and maintained in a manner satisfactory to the governor 



feiture of land. 



494 1861.— Chapter 184. 

Failure to ob- aiid couiicil ; aiid in case either of the said institutions shall, 

serve conditions n ^ • • ^ i-ii • 

to operate for- aitcr Que notice given, neglect to comply with the require- 
ments of this section, or fail to use its portion of said square, 
or at any time appropriate said portion, or any part thereof, 
to any purpose or use foreign to its legitimate objects, then 
the right of said delinquent institution to the use, occupation 
or control of its portion of said square shall cease, and the 
Commonwealth, by its proper officers and agents, shall have 
the right forthwith to enter and take possession of the portion 
of land so forfeited. 

Limitation in SECTION 7. Tho abovc named societies shall not cover 

Duilaing. .,,.,.,,. 

With their buildings more than one-third of the area granted 
to them respectively. 
Commissioners SECTION 8, The commissiduers on the Back Bay are 

on Back Bay to,,. , ^ ^ i n • 

reserve lots, un- hcreoy instructcd to reserve irom sale the lots ironting on 
*''**"■ said square on Boylston, Clarendon and Newbury Streets, 

until said societies shall, by inclosure and improvements, 
put said square in a sightly and attractive condition. 
So°n™praise?s SECTION 9. Upou thc passagc of this act, the governor, 
of lands. with the advice and consent of the council, shall appoint 

three disinterested persons, who shall appraise the value of 
all the lands specified in the third and eighth sections of this 
act, and make a return of said appraisal to the governor 
and council ; and if when the lands mentioned in section 
eight shall have been sold, the proceeds of such sales shall 
not be equal to the whole amount of the appraisal above 
mentioned, then the societies named in this act shall pay the 
amount of such deficit into the treasury of the Common- 
wealth, for the school fund, in proportion to the area granted 
to them respectively. 
Act to beaccept- SECTION 10. This act shall be null and void, unless its 

ed. . . . . ' 

provisions shall be accepted within one year, by the Massa- 
chusetts Institute of Technology, and the Boston Society of 
Natural History, so far as they apply to those societies 
respectively. Approved April 10, 1861. 



Chap. 184 



An Act relating to the duties of clerks and county treas- 
urers, IN CASES OF FINES, FORFEITURES AND COSTS. 
Be it enacted, ^'c, as folloivs : 

So much of tlie eighth and fourteenth sections of chapter 
one hundred and seventy-six of the General Statutes, as 
requires the clerks and county treasurers, respectively, 
therein mentioned, to transmit to the treasurer and auditor 
of accounts of the Commonwealth, a certificate of the amount 
of costs, allowances made to prosecutors, fines and for- 
feitures, therein mentioned, and so much of the eighth, 



1861.— Chapters 185, 186. 495 

fourteenth and sixteenth sections of the same chapter, as 
requires the clerks and county treasurers therein mentioned, 
to transmit returns of costs, fines and forfeitures, to the 
governor, treasurer and auditor of the Commonwealth, are 
hereby repealed. Approved April 10, 1861. 

An Act to incorporate the mutual protection fire insurance Qfi^p^ ^§5 

COMPANY. ^' 

Be it enacted, &,•€., as follows : 

Section 1. G. Washington Warren, Phinehas J. Stone, corporators. 
Luther V. Bell, James F. Dwinell and Moses B. Sewell, 
their associates and successors, are hereby made a corpora- Title. 
tion by the name of the Mutual Protection Fire Insurance 
Company, to be established in the city of Charlestown, for Location. 
the purpose of making insurance against losses by fire on Purpose, 
buildings and personal property ; and for this purpose shall 
have all the powers and privileges, and be subject to all the Privileges and re- 
duties, restrictions and liabilities, set forth in the fifty-eighth ' 
chapter of the General Statutes, and to all other laws appli- 
cable to insurance companies. 

Section 2. Said corporation shall not issue any policies Jo^"jfit°onsof'''*^' 
until insurance to the amount of three hundred thousand 
dollars shall be subscribed for. Approved April 10, 1861. 

An Act to regulate the forfeitures of policies of life insur- QJiap. 186 

ANCE. "' 

Be it enacted, ^-c, as follows : 

Section 1. No policy of insurance on life, hereafter conditions of for- 
issued by any company chartered by the authority of this *^^''"'"'^- 
Commonwealth, shall be forfeited or become void by the 
non-payment of premium thereon, any further than regards 
the right of the party insured therein to have it continued 
in force beyond a certain period, to be determined as fol- 
lows, to wit : the net value of the policy, when the premium vaiue of poucy. 
becomes due and is not paid, shall be ascertained, according 
to the " combined experience," or " actuaries' " rate of mor- 
tality, with interest at four per centum per annum. After Temporary pre- 
deducting from such net value any indebtedness to the com- "''""'• 
pany or notes held by the company against the insured, 
which notes if given for premium shall then be cancelled, 
four-fifths of what remains shall be considered as a net 
single premium of temporary insurance, and the term for 
which it will insure shall be determined according to the 
age of the party at the time of the lapse of premium, and 
the assumptions of mortality and interest aforesaid. 

Section 2. If the death of the party occur within the obligation of 
term of temporary insurance covered by the value of the ZZ^oIplrty. 

20 



496 1861.— Chapter 187. 

policy, as determined in the previous section, and if no con- 
dition of the insurance, other than the payment of premium, 
shall have been violated by the insured, the company shall 
be bound to pay the amount of the policy, the same as if 
there had been no lapse of premium, any thing in the policy 
ProTisos. to the contrary notwithstanding : provided^ hovjever, that 

notice of the claim and proof of the death shall be submit- 
ted to the company within ninety days after the decease ; 
and provided, also, that the company shall have the right to 
deduct from the amount insured in the policy the amount 
at six per cent, per annum of the premiums that had been 
forborne at the time of the death. Approved April 10, 1861. 

Char) 187 An Act in relation to the rhode island boundary. 

Be it enacted, Sfc, as follows: 
Decree of s. J. SECTION 1. Whcuever the proceeding in equity between 
befinaL ' ^' *° ^^^^^ Commonwcalth and the State of Rhode Island and 
Providence Plantations, now pending in the supreme court 
of the United States, shall be adjusted by the adoption of a 
conventional line, and such line shall have been confirmed 
by a final decree of said court, the said line shall be taken 
and deemed to be, for all pvirposes affecting the jurisdiction 
of this Commonwealth, or of any department of its govern- 
ment, the true line of boundary and demarkation between 
this Commonwealth and the State of Rhode Island and 
Providence Plantations. 
Territory de- SECTION 2. Thc territory upon the east side of Mount 
of^'^Faii^wve" Hopc Bay, which lies south of the line beyond which the 
defined. jurisdiction of this Commonwealth has not recently been 

exercised, (except so much as by this act is assigned to the 
town of Westport,) but which by the adoption of said decree 
of confirmation, shall be determined to be a part of this 
Commonwealth, with all the polls and estates thereon, shall 
be taken and deemed to be a portion of the city of Fall 
River in the county of Bristol, with the same effect as if the 
jurisdiction claimed over the same by this Commonwealth 
liad been actually exercised. 
City council to SECTION 3. Thc clty council of Fall River shall, within 
paiity into six sixty days after said final decree of confirmation shall have 
^^'^'^^' been entered, divide the said city (including as well that 

portion over which jurisdiction has been exercised hitherto 
by said State of Rhode Islaiid and Providence Plantations, 
as that over which jurisdiction has been exercised by this 
Commonwealth,) into six wards, as nearly equal as may be, 
in population, and shall determine the number of common 
Proyiso. councilmcn to which each ward shall be entitled : provided, 



1861.— Chapter 187. 497 

that the whole number of common councihnen shall not 

exceed eighteen. Each ward, so constituted, may choose 

such officers (other than common councihnen) as each 

ward of said city may now choose. The aforesaid divis- Dmsion.whenm 

ion, into wards, shall take effect at the nest annual 

municipal election, after the same shall have been made, 

until which time, that portion of said city hitherto claimed 

to be a part of the State of Rhode Island and Providence 

Plantations, shall be deemed to be a part of the first ward 

of said city. 

Section 4. That portion of territory lying east and south Territory de- 
of the following described line, that is to say, beginning at of vvestport, de 
the north-west corner of the town of Westport, according ^^^'^' 
to the present actual exercise of jurisdiction ; thence run- 
ning due west to a point in North Watuppa Pond, equi- 
distant from the eastern and western shores thereof; thence 
southerly to the southern extremity of said pond ; thence 
in a straight line through South Watuppa Pond to its south- 
ern extremity ; thence through the centre of the stream 
connecting said pond with Sawdy Pond ; thence through 
Sawdy Pond in a straight line to its southern extremity ; 
thence in a straight line to a stone monument in the ground 
near the house of Joseph Sanford, opposite Nanaquaket, 
with all the polls and estates thereon, shall from and after 
the entry of the said decree of confirmation, be taken and 
deemed to be a part of the town of Westport, in the county 
of Bristol, and of the seventeenth school district in said 
town. 

Section 5. So much of the territory over which the seekonk, bound- 
inhabitants of Seekonk may have claimed or exercised actual '^'■y ^stabushed. 
jurisdiction, which shall be found to lie eastwardly of said 
conventional line, shall, from and after the entry of said 
final decree, be taken and deemed to be the town of See- 
konk, in all questions affecting the rights of such town, or 
of its inhabitants ; and such inhabitants shall continue to Rights of citizens. 
hold to their own corporate use all the corporate property 
of every description, hitherto held or claimed by the inhabi- 
tants of Seekonk, except such real estate as shall be found 
on the western side of said conventional line, and shall be 
subject to all the debts and liabilities of such town, except 
such as have been or may be incurred for the support of any 
paupers having a settlement in, or derived from a settlement 
obtained in that portion of territory lying westwardly of 
said conventional line. 

Section 6. Tlie several school districts of the town of ^g'i?o°„°gt^„j.^^™ 
Seekonk, lying wholly or in part on the easterly side of said authorized. 



498 1861.— Chapter 187. 

conventional line, shall cease to exist upon the confirmation 
of such line, and authority is hereby given to the inhabi- 
tants of such town, residing upon the eastwardly side of said 
conventional line, to assemble together as a body corporate, 
in anticipation of the entry of a decree of the court as 
aforesaid, and provide for a new division of the territory 
into school districts ; such new division to take efiect upon 
the entry of such decree of the court. Such meeting may 
be called by any justice of the peace within the county of 
Bristol, upon the petition of any five qualified voters, resi- 
dent upon the territory aforesaid, and the warrant for tlie 

Property defined, samc shall bc directed to any one of said petitioners. The 
school-houses, land, apparatus, and other property, owned 
and used for school purposes, by any school district, which 
lies wholly or in part upon the eastern side of said con- 
ventional line, shall, upon the entry of the decree of con- 
firmation, become the property of the town of Seekonk, and 
may be lawfully sold and conveyed to any school district 
which may be afterwards organized under the authority of 

Appraisal re- tliis act. All propcrtv takcu from each school district shall 

Quired* 

be forthwith appraised, and there shall be remitted to the 
tax-payers of each district the appraised value of its property 
thus taken ; or the difference in the value of the property 
in the several districts may be adjusted in any other manner 
agreed upon by the parties in interest. 
Portion of Paw- SECTION 7. So mucli of the town of Pawtucket as lies 
toseekonk/^^ castwardly of the eastern side of Farmers' or Seven Mile 
River, with the polls and estates thereon, shall, from and 
after the entry of such final decree of coixfirmation, be set 
Proviso. off to, and become a part of the town of Seekonk : provided^ 

that until the next decennial apportionment of representa- 
tives in the general court, all legal voters resident thereon 
shall be entitled to vote for representatives with the town of 
Attleborough ; and the selectmen of the last named town 
shall cause check lists to be prepared, and shall receive the 
votes of all such qualified voters for representatives, as 
aforesaid, but for no other officers, 
rightsandu- Section 8. Nothing in this act sliall be construed to 

abilities un- dcprivc any members of any religious society in the present 
impaire . towu of Scckouk of their interest in the property of such 

religious society, or in any property held in trust for said 
society, or for the support of public worship therein, or to 
relieve any member of said society from any liability for any 
indebtedness therefor, but the rights and liabilities of all 
members and officers of such religious societies are hereby 
declared to be the same as if this act had not been passed, 



1861.— Chapter 188. 499 

and such decree of confirmation had not been entered : pro- ProTiso. 
vided, that this section shall not be construed to impair the 
authority of the laws of said State of Rhode Island and 
Providence Plantations, in regard to the mode of transacting 
business, the election of officers, or other matters not affect- 
ing the rights of property of said religious society or the 
members thereof. 

Section 9. Neither of the towns of Seekonk or Reho- Paupers. 
both shall be held liable, after the entry of said final decree 
of confirmation, for the support of any pauper having a settle- 
ment obtained in that portion of territory upon the western 
side of said conventional line, over which either of the towns 
of Seekonk or Pawtucket now exercises jurisdiction. 

Section 10. Upon the establishing of said line, as afore- Enfranchisement 
said, the inhabitants residing in any territory heretofore 
within the actual jurisdiction of said State of Rhode Island, 
and which shall thereby fall within the jurisdiction of this 
Commonwealth, shall tlienceforth be taken and deemed to 
be inhabitants of this Commonwealth, entitled to the same 
rights, privileges and immunities, in their persons, property 
and estates, and in the exercise of the elective franchise, 
and subject to the same duties and burdens, as other like 
conditioned inhabitants of this Commonwealth, according to 
the constitution and laws thereof; and they, their heirs and 
assigns, shall forever thereafter continue to hold and enjoy 
all former grants and purchases, granted by or made within 
said state, to all intents and purposes as if such territory 
were lying and continuing within said state ; and all railroad corporate rights 
and other incorporated companies, by whatsoever name 
incorporated or known, located within such territory, and 
electing to remain therein, shall continue to hold, exercise 
and enjoy their respective corporate rights and franchises, 
as far as not repugnant to the laws of this Commonwealth, 
upon an equal basis with like incorporated companies therein. 

Approved April 10, 1861. 

An Act concerning the broadway railroad company. Chat) 188 

Be it enacted, Sfc, as follows : 

Section 1. The mayor and aldermen of the city of Extension of 
Boston, are authorized to extend the location of the tracks l^^^^ autiior- 
of the Broadway Railroad Company, upon and over such 
streets, bridges and highways in said city, as may from time conditions, 
to time, be fixed and determined by said mayor and alder- 
men, and assented to, in writing, by said company ; and 
said company is authorized to construct, maintain and use, 
any tracks which may be so located, and in relation thereto 



500 



1861.— Chapters 189, 190. 



May connect with 
other roads. 



Privileges and shall liavG all the powers and privilesres, and be subiect to 

restrictions. n, i- ti-t- t '^ . .^ ^ • ^ ^ in 

all the duties, liabilities and restrictions, which they would 
have had or been subject to, if such tracks had been author- 
ized and located under the act by which said company was 
incorporated. 

Section 2. Said company is authorized to connect with, 
use and run over with its cars and horses, such other rail- 
roads in said city, as may from time to time, be fixed and 
determined by the mayor and aldermen aforesaid, but only 
for the purpose of carrying by one convenient and proper 
route, passengers to and from South Boston and Scollay's 
building ; the compensation to be paid for the use of such 
other road, to be ascertained in the mode and manner pre- 
scribed in the second section of the act entitled " An Act 
concerning the Broadway Railroad Company," approved 
May twenty-third, in the year one thousand eight hundred 
and fifty-seven. 

Section 3. This act shall take effect upon its passage. 

Approved April 10, 1861. 

An Act relating to the term of insurance policies. 

Be it enacted, ^'c, a>< folloios : 

Section 1. The last clause of the twenty-fourth section 
of the fifty-eighth chapter of the General Statutes, to wit, 
" No policy shall be issued for a term exceeding seven years," 
shall not apply to life insurance companies. 

Section 2. This act shall take effect upon its passage. 

Approved April 10, 1861. 

Chap. 190 An Act to apportion and assess a tax op three hundred 

THOUSAND THREE HUNDRED SEVENTY-TWO DOLLARS. 

Be it enacted, ^'c, as follows : 

Section 1. Each town and city in this Commonwealth 
shall be assessed and pay the several sums with which they 
stand respectively charged in the following schedule, that is 
to say : 

SUFFOLK COUNTY. 



Chap. 189 



statute defined. 



Assessment of 
cities and towns. 



Boston, . . . 
Chelsea, . . . 
North Chelsea, . 
Winthrop, . . 


Ninety-four thousand five hundred sev- 
enty-five dollars, .... 

Two thousand three hundred forty-six 
dollars, 

Two hundred fifty-two dollars, 

One hundred fifty-dollars, . 


194,575 00 

2,346 00 
252 00 

150 00 




197,323 00 



1861.— Chapter 190. 

ESSEX C OUNTY. 



501 



Amesbury, 
Antlover, 
Beverly, 
Boxford, 
Bradford, 
Danvers, 
Essex, . 
Georgetown, , 
Gloucester, 
Groveland, 
Hamilton, . 
Haverliill, 
Ipswich, . 
Lawrence, 
Lynn, . . 
Lynnfield, 
Manchester, 
Marblehead, 
Methuen, . 
Middle ton, 
Nahant, . 
Newbury, . 
Newburport, 
North Andover, 
Rockport, . 
Rowley, . 
Salem, . . 



Five hundred thirty-four dollars, . 

Eight hundred thirty-one dollars, . 

One thousand one hundred thirty-one 

dollars, ..... 
Two hundred twenty-two dollars, . 

Three hundred three dollars. 

Eight hundred ninety-seven dollars. 

Three hundred forty-two dollars, . 

Two hundred seventy-nine dollars, 

One thousand five hundred ninety-nine 

dollars, 

Two hundred sixteen dollars. 

One hundred sixty-two dollars. 

One thousand nine hundred eighty-nine 

dollars, 

Four hundred seventy-seven dollars. 

Three thousand four hundred five dol- 
lars, ...... 

Three thousand three hundred twenty 
one dollars, .... 

One hundred ninety-two dollars, . 

Two hundred ninety-four dollars, . 

Nine hundred fifty-four dollars, 

Four hundred seventy-one dollars, 

One hundred forty-four dollars, . 

One hundred sixty-five dollars, 

Two hundred eighty-five dollars, . 

Two thousand three hundred forty-six 

dollars, ..... 
Five hundred thirty-four dollars, . 

Five hundred seven dollars, . 

One hundred eighty-nine dollars, . 

Four thousand nine hundred twenty 
three dollars, .... 



$534 00 


831 


00 


1,131 

222 


00 
00 


303 


00 


897 


00 


342 


00 


279 


00 


1,.599 
216 


00 
00 



162 00 



1,989 00 
477 00 



3,405 00 



3,321 
192 


00 
00 


294 


00 


954 


00 


471 


00 


144 


00 


165 


00 


285 00 


2,346 
534 


00 
00 


507 


00 


189 


00 



4,923 GO 



502 



1861.— Chapter 190. 

ESSEX COUNTY— Continued. 



Salisbury, . . 
Saugus, . . 
Soutli Danvers, 
Swampscott, . 
Topsfield, . . 
Wenham, . . 
West Newbury, 



Five hundred forty-six dollars, 

Four hundred eight dollars, . 

One thousand two hundred forty-five 

dollars, 

Three hundred fifty-one dollars, . 

Two hundred thirty-one dollars, . 

One hundred ninetj'-eight dollars, 

Three hundred fifty-four dollars, . 



MIDDLESEX COUNTY, 



Acton, . . 




Ashby, . . 




Ashland, . 




Bedford, '. 




Belmont, . 




Billerica, . 




Boxborough, 




Brighton, . 




Burlington, 




Cambridge, 




Carlisle, . 




Charlestown, 




Chelmsford, 




Concord, . 




Dracut, . 




Dunstable, 




Framingham, 



Three hundred thi-ee dollars, 

One hundred seventy-four dollars. 

Two hundred thirty-one dollars, . 

One hundred sixty-two dollars. 

Six hundred sixty dollars, 

Three hundred sixty-three dollars. 

Seventy-eight dollars, . 

One thousand one hundred thirty-one 

dollars, ..... 
One hundred forty-one dollars. 

Six thousand six hundred seventy-eight 

dollars, ..... 
One hundred seventeen dollars, . 

Five thousand one hundred ninety-six 

dollars, ..... 
Four hundred seventy-seven dollars. 

Five hundred fifty-eight dollars, . 

Three hundred forty-eight dollars, 

One hundred thirty-five dollars, . 

Seven hundred eighty-three dollars, 



$546 00 
408 00 

1,245 00 
351 00 

231 00 

198 00 

354 00 

50,045 00 



1303 00 
174 00 
231 00 
162 00 
660 00 
363 00 
78 00 



1,131 00 
141 00 



6,678 00 
117 00 



5,196 00 
477 00 

558 00 

348 00 

135 00 

783 00 



.1861.— Chapter 190. 

MIDDLESEX COUNTY— Continukd. 



503 



Groton, . 
HoIHston, . 
Hopkintou, 
Lexington, 
Lincoln, . 
Littleton, . 
Lowell, 
Maiden, . 
Marlborough, 

Medford, . . . 

Melrose, . . . 

Natick, . . . 

Newton, . . . 
North Reading, . 

Pepperell, . . 

Reading, . . . 

Sherborn, . . . 

Shirley, . . . 

Somerville, . . 
South Reading, . 

Stoneham, . . 

Stow, . . . . 

Sudbury, . . . 

Tewksbury, . . 

Townsend, . . 

Tyngsborough, . 

Waltham, . . . 



Five hundred thirty-four dollars, . 

Five hundred forty-nine dollars, . 

Five hundred fifty-eight dollars, . 

Six hundred six dollars, 

One hundred eighty-three dollars. 

Two hundred thirty-one dollars, . 

Seven thousand sixty-eight dollars. 

One thousand one hundred eighty-two 

dollars, 

Seven hundred seventy-four dollars. 

One thousand five hundred ninety-nine 

dollars, 

Four hundred eighty-three dollars. 

Seven hundred forty-four dollars, . 

Two thousand three hundred thirty-one 

dollars, ..... 
Six hundred thirty-six dollars. 

Three hundred dollars, . 

Four hundred seventy-one dollars, 

Two hundred ninety-four dollars, . 

Two hundred forty-three dollars, . 

One thousand nine hundred eighty dol 
lars, ...... 

Six hundred sixty dollars. 

Four hundred eighty-six dollars, . 

Two hundred sixty-one dollars. 

Three hundred sixty-three dollars. 

Two hundred twenty-eight dollars. 

Two hundred sixty-seven dollars, . 

One hundred seventeen dollars, . 

One thousand five hundred forty-five 
dollars, 



1534 00 
549 00 
558 00 
606 00 
183 00 
231 00 

7,068 00 



1,182 00 
774 00 



1,599 00 
483 00 

744 00 



2,331 
636 


00 
00 


300 


00 


471 


00 


294 


00 


243 


00 


1,980 
660 


00 
00 


486 


00 


261 


00 


36.3 


00 


228 


00 


267 


00 


117 


00 



1,545 00 



21 



504 



1861.— Chapter 190. 

MIDDLESEX COUNTY— Continued. 



Watertowii, 
Way! and, . 
West Cambridi 
Westford, . . 
Weston, . . 
Wilmington, . 
Winchester, . 
Woburn, . . 



ge, 



Eight hundred fifty-five dollars, 

One hundred ninety-five dollars, . 

Eight hundred one dollars, . 

Two hundred eighty-eight dollars, 

Three hundred thirty-nine dollars, 

One hundred sixty-eight dollars, . 

Five hundred thirteen dollars, 

One thousand two hundred ninety dol 
lars, 



WORCESTER COUNTY 



Ashburnham, 
Athol, . . 
Auburn, . 
Barre, . . 
Berlin, . . 
Blackstone, 
Bolton, . 
Boylston, . 
Brookfield, 
Charlton, 
Clinton, 
Dana, . 
Douglas, 
Dudley, 
Fitchburg, 
Gardner, . 



. Three hundred three dollars, 

. ; Three hundred seventy-eight dollars, 

i 
. ] One hundred forty-four dollars, 

. Five hundred eighty-five dollars, . 

. One hundred fifty-nine dollars, 

. Seven hundred twenty-three dollars, 

. Two hundred thirteen dollars. 

One hundred sixty-eight dollars, . 

Three hundred fifteen dollars, 

Three hundred thirty-nine dollars, 

Six hundred nine dollars. 

One hundred two dollars. 

Three hundred sixty dollars. 

Two hundred fifty-eight dollars, . 

One thousand three hundred sixty-five 

dollars, ..... 
Three hundred sixty-nine dollars, . 



$855 00 
195 00 
801 00 
288 00 
339 00 
168 00 
513 00 

1,290 00 
t6,677 00 



$303 00 
378 00 
144 00 
585 00 
159 00 
723 00 
213 00 
168 00 
315 00 
339 00 
609 00 
102 00 
360 00 
258 00 



1,365 00 
369 00 



1861.— Chapter 190. 

WOKCESTER COUNTY— Continued. 



505 



Grafton, . . . 


Six hundred fifty-one dollars. 


$651 00 


Hard wick, . . 


Three hundred twenty-four dollars. 


324 00 


Harvard, . . . 


Three hundred twelve dollars. 


312 00 


Holden, . . . 


Three hundred dollars, . . . . 


300 00 


Hubbardston, 


Two hundred forty-three dollars, . 


243 00 


Lancaster, . . 


Three hundred three dollars, 


303 00 


Leicester, . . . 


Five hundred fifty-eight dollars, . 


558 00 


Leominster, . . 


Six hundred twenty-one dollars, . 


621 00 


Lunenburg, . . 


Two hundred fifty-eight dollars, . 


258 00 


Mendon, . . . 


Two hundred fifty-eight dollars, . 


258 00 


Milford, . . . 
Millbury, . . . 


One thousand two hundred eighty-four 

dollars, 

Five hundred thirty-four dollars, . 


1,284 00 
534 00 


New Braintree, . 


One hundred eighty-six dollars, . 


186 00 


North Brookfield, 


Four hundred forty-four dollars, . 


444 00 


Northborough, . 


Three hundred twenty-seven dollars, . 


327 00 


Northbridge, . . 


Three hundred seventy-two dollars, 


372 00 


Oakham, . . . 


One hundred twenty-nine dollars. 


129 00 


Oxford, . . . 


Four hundred forty-four dollars, . 


444 00 


Paxton, . . . 


One hundred seventeen dollars, . 


117 00 


Petersham, . . 


Two hundred forty-six dollars. 


246 00 


Phillipston, . . 


One hundred fourteen dollars. 


114 00 


Princeton, . . 


Two hundred fifty-two dollars. 


252 00 


Royalston, . . 


Two hundred ninety-one dollars, . 


291 00 


Rutland, . . . 


One hundred eighty-six dollars, . 


186 00 


Shrewsbury, . . 


Three hundred eighty-four dollars. 


384 00 


Southborough, . 


Three hundred forty-five dollars, . 


345 00 


Southbridge, . . 


Four hundred ninety-eight dollars. 


498 00 



506 



1861.— Chapter 190. 









Spencer, . . . 


Four bundred eigbty dollars, 


1480 00' 


Sterling, • • • 


Three bundred fifty-one dollars, . 


351 00 


Sturbridire, . . 


Tbree hundred thirty dollars. 


330 00 


Sutton, . . . 


Four hundred two dollars, . 


402 00 


Templeton, . . 


Four hundred twenty-nine dollars. 


429 00 


Upton, .... 


Two hundred eighty-eight dollars. 


288 00 


Uxbridge, . . 


Five hundred eighty-five dollars, . 


585 00 


Warren, . 


Three bundred six dollars, . 


306 00 


Webster, . . . 


Four bundred fourteen dollars, 


414 00 


West Boylston, . 


Three bundred forty-two dollars, . 


342 00 


West Brookfield, 


Two bundred forty-three dollars, . 


243 00 


Westborough, . 


Four bundred forty-seven dollars, 


447 00 


Westminster,. . 


Two bundred eighty-five dollars, . 


285 00 


Wincbendon, 


Four bundred five dollars, . 


405 00 


Worcester, . . 


Five thousand nine bundred seventy- 
three dollars, 


5,973 00 




127,651 00 



HAMPSHIRE COUNTY. 




Amherst, . . . 


Five bundred sixty-seven dollars, . 


1567 00 


Belcbertown, 


Four bundred five dollars, . 


405 00 


Chesterfield, . . 


One hundred fifty-six dollars. 


156 00 


Cummington, 


One bundred forty-four dollars. 


144 00 


East Hampton, . 


Three hundred eighteen dollars, . 


318 00 


Enfield, . . . 


Two hundred seven dollars, . 


207 00 


Goshen, . . . 


Sixty-three dollars, .... 


63 00 


Granby, . . . 


One hundred seventy-four dollars, 


174 00 


Greenwich, . . 


One hundred eight dollars, . 


108 00 



1861.— Chapter 190. 

HAMPSHIRE COUNTY— Continued 



507 



Hadley, . . . 


Four hundred thirty-five dollars, . 


,|435 00 


Hatfield, . . . 


Three hundred fifty-seven dollars, 


357 00 


Huntington, . . 


One hundred seventy-four dollars, 


174 00 


Middlefield, . . 


One hundred seventeen dollars, . 


117 00 


Northampton, . 
Pelham, . . . 


One thousand two hundred eighty-seven 

dollars, 

Seventy-eight dollars, .... 


1,287 00 
78 00 


Plainfield, . . 


One hundred two dollars, 


102 00 


Prescott, . . . 


Ninety-three dollars, .... 


93 00 


South Hadley, . 


Three hundred seventy-eight dollars, . 


378 00 


Southampton, . 


One hundred eighty-six dollars, . 


186 00 


Ware, .... 


Five hundred four dollars, . 


504 00 


Westhampton, . 


One hundred eight dollars, . 


108 00 


Williamsburg, . 


Three hundred thirty-six dollars, . 


336 00 


Worthington, 


One hundred sixty-two dollars, 


162 00 




$6,459 00 


HAMPDEN COUNTY. 


Agawam, . . . 


Two hundred fifty-five dollars. 


$255 00 


Blandford, . . 


One hundred ninety-eight dollars. 


198 00 


Brimfield, . . . 


Two hundred fifty-two dollars. 


252 00 


Chester, . . . 


One hundred seventy-seven dollars. 


177 00 


Chicopee, . . . 


One thousand sixty-two dollars, . 


1,062 00 


Granville, . . 


One hundred seventy-four dollars. 


174 00 


Holland, . . . 


Sixty dollars, 


60 00 


Holyoke, . . . 


Seven hundred sixty-two dollars, . 


762 00 


Longmeadow, . 


Three hundred eighteen dollars, . 


318 00 


Ludlow, . . . 


One hundred seventy-one dollars. 


171 00 



1861.— Chapter 190. 

HAMPDEN COUNTY— CoNTixuED. 



Monson, . 
Montgomery, 
Palmer, 
Russell, 
Southwick, 
Springfield, 
Tolland, . 
Wales, . . 
West Springfield, 
Westfield, . . . 
Wilbraham, . . 



Four hundred eleven dollars, . . $411 00 

Sixty dollars, 60 00 

Four hundred seventy-seven dollars, . 477 00 

Eighty-one dollars, .... 81 00 

Two hundi-ed nineteen dollars, . . 219 00 

Three thousand sixty-nine dollars, . 3,069 00 

One hundred two dollars, . . . 102 00 

One hundred eight dollars, . . . 108 00 

Three hundred sixty-six dollars, . . 366 00 

One thousand two dollars, . . . 1,002 00 

Three hundred eighteen dollars, . . 318 00 

19,642 00 



FRANKLIN COUNTY 



Ashfield, . 

Bernardston, 

Buckland, 

Charlemont, 

Colrain, 

Conway, 

Deerfield, 

Erving, 

Gill, . 

Greenfield, 

Hawley, . 

Heath, . . 

Leverett, . 



Two hundred twenty-five dollars. 

One hundred sixty-five dollars. 

Two hundred ten dollars. 

One hundred fifty dollars, 

Two hundred twenty-two dollars, 

Two hundred seventy-three dollars. 

Four hundred fifty-three dollars, 

Sixty-nine dollars. 

One hundred thirty-five dollars. 

Five hundred sixty-one dollars, 

Ninety-three dollars, 

Ninety-six dollars, 

One hundred twenty dollars, 



$225 00 

165 00 

210 00 

150 00 

222 00 

273 00 

453 00 

69 00 

135 00 

561 00 

93 00 

96 00 

120 00 



1861.— Chapter 190. 

FRANKLIN COUNTY— Continued. 



Leyden, . . . 


Ninety-nine dollars, .... 


$99 00 


Monroe, . . . 


Thirty-three dollars, .... 


33 00 


Montague, . . 


Two hundred nineteen dollars, 


219 00 


New Salem, . . 


One hundred forty-four dollars, . 


144 00 


Northfield, . . 


Two hundred seventy dollars, 


270 00 


Orange, . . . 


Two hundred twenty-five dollai-s, . 


22.5 00 


Rowe, .... 


Eighty-four dollars, .... 


84 00 


Shelburne, . . 


Two hundred fifty-five dollars. 


255 00 


Shutesbury, . . 


Ninety-six dollars, .... 


96 00 


Sunderland, . . 


One hundred twenty-nine dollars. 


129 00 


Warwick, . . . 


One hundred thirty-eight dollars, . 


138 00 


Wendell, . . . 


Ninety-three dollars, .... 


93 00 


Whately, . . . 


Two hundred twenty-two dollars, . 


222 00 




14,779 00 



BERKSHIRE COUNTY 



Adams, . . . 


Nine hundred sixty-three dollars, . 


$963 00 


Alford, . . . 


One hundred eleven dollars. 


111 00 


Becket, . . . 


One hundred eighty-three dollars, 


183 00 


Cheshire, . . . 


Two hundred forty-three dollars, . 


243 00 


Clarksburg, . . 


Forty-five dollars, .... 


45 00 


Dalton, . . . 


Two hundred fifty-five dollars. 


255 00 


Egremont, . . 


One hundred seventy-four dollars, 


174 00 


Florida, . . . 


Fifty-seven dollars, .... 


57 00 


Gt. Barrington, . 


Six hundred fifty-one dollars. 


651 00 


Hancock, . . . 


One hundred sixty-eight dollars, . 


168 00 


Hinsdale, . . . 


Two hundred nineteen dollars. 


219 00 



510 



1861.— Chapter 190. 

BERKSHIRE COUNTY— Continued. 



Lanesborough 


, . Two hundred thirty-one dollars, . 


$231 00 


Lee, . . 


. Six hundred thirty-six dollars, 


636 00 


Lenox, 


. Two hundred ninety-four dollars, . 


294 00 


Monterey, 


. One hundred seventeen dollars, . 


117 00 


Mt. Washing! 


on, Thirty dollars, 


30 00 


New Ashford 


. Forty-two dollars, 


42 00 


N. Marlborou 


gli. Two hundred forty dollars, . 


240 00 


Otis, . . 


. One hundred fourteen dollai's, 


114 00 


Peru, . . 


. Eighty-one dollars, .... 


81 00 


Pittsfield, . 
Richmond, 


. One thousand seven hundred thirteen 

dollars, 

. One hundred seventy-four dollars, 


1,713 00 
174 00 


Sandisfield, 


. Two hundred ten dollars, 


210 00 


Savoy, . . 


. One hundred eleven dollars, 


111 00 


Sheffield, . 


. Four hundred two dollars, . 


402 00 


Stockbridge, 


. Three hundred forty-two dollars, . 


342 00 


Tyringham, 


. One hundred eleven dollars, 


HI 00 


Washington, 


. One hundred twenty dollars, 


120 00 


W. Stockbric 


ge. Two hundred sixteen dollars, 


216 00 


Wiiliamstown 


, . Four hundred twenty-six dollars, . 


426 00 


Windsor, . 


, . One hundred twenty-nine dollars, 


129 00 




18,808 00 





NORFOLK C OUNTY. 




Bellingham, . . 


One hundred eighty-three dollars, 


1183 00 


Braintree, . . 


Five hundred forty-six dollars, 


546 00 


Brookline, 
Canton, . . . 


Three thousand one hundred eighty^ix 

dollars, 

Six hundred ninety-three dollars, 


3,186 00 
693 00 



1861.— Chapter 190. 

NORFOLK COUNTY— Continued. 



511 



Cohasset, . 
Dedham, . 
Dorchester, 
Dover, . . 
Foxborough, 
Franklin, . 
Medfield, . 
Medway, . 
Milton, . 
Needham, . 
Quincy, . 
Randolph, 
Roxbury, . 
Sharon, 
Stoughton, 
Walpole, . 
West Roxbur 
Weymouth, 
Wrentham, 



Three hundred sixty dollars, 

One thousand four hundred ninety-one 

dollars, .... 
Three thousand four hundred fifty-nine 

dollars, ..... 
One hundred twenty dollars, 

Four hundred seventy-four dollars, 

Three hundred twelve dollars. 

Two hundred thirteen dollars. 

Four hundred sixty-two dollars. 

One thousand sixty-five dollars. 

Five hundred sixty-four dollars. 

One thousand three hundred forty-four 

dollars, .... 
One thousand five dollars, 

Seven thousand six hundred forty-seven 

dollars, 

Two hundred forty-three dollars, . 

Six hundred ninety-nine dollars, . 

Three hundred seventy-eight dollars. 

Two thousand five hundred eighty-six 

dollars, .... 
One thousand two hundred eighteen 

dollars, .... 
Four hundred sixty-eight dollars. 



BRISTOL COUNTY 



-1360 00 



1,491 00 



3,459 
120 


00 
00 


474 


00 


312 


00 


213 


00 


462 


00 


1,06.5 


00 


564 


00 


1,344 
1,00.5 


00 
00 


7,647 00 
243 00 


699 


00 


378 


00 



2,-586 00 

1,218 00 
468 00 



$28,716 00 



Acushnet, . . . 


Two hundred seventy dollars. 


$270 00 


Attleborough, . 


Nine hundred nine dollars. 


909 00 


Berkley, . . . 


One hundred twenty dollars. 


120 00 


Dartmouth, . . 


Nine hundred seventy-five dollars. 


975 00 


Dighton, . . . 


Two hundred sixty-seven dollars, . 


267 00 



22 



1861.— Chapter 190. 

BRISTOL COUNTY— Continued. 



Easton, . . . 


Four hundred twenty-six dollars, . 


1426 00 


Fairhaven, . . 
Fall River, . . 


One thousand one hundred forty-three 

dollars, 

Three thousand six hundred dollars, 


1,143 00 
3,600 00 


Freetown,. 


Two hundred eighty-two dollars, . 


282 00 


Mansfield, . . 


Two hundred eighty-five dollars, . 


285 00 


New Bedford, . 

Norton, . . . 


Seven thousand seven hundred four 

dollars, 

Three hundred three dollars. 


7,704 00 
303 00 


Pawtucket, . . 


Seven hundred eleven dollars, 


711 00 


Raynham, . . 


Three hundred sixty dollars. 


360 00 


Rehoboth, . . . 


Three hundred twenty-four dollars. 


324 00 


Seekonk, . . . 


Four hundred seventy-one dollars. 


471 00 


Somerset, . . . 


Three hundred thirty-six dollars, . 


336 00 


Swanzey, . . . 


Two hundred sixty-four'dollars, . 


264 00 


Taunton, . . . 
Westport, . . . 


Two thousand eight hundred sixty-five 

dollars, 

Six hundred eighteen dollars, 


2,865 00 
618 00 




^22,233 00 



PLYMOUTH COUNTY 



Abington, . . . 
Bridgewater, 

Carver, . . . 

Duxbury, . . . 
E. Bridgewater, 

Halifax, . . . 

Hanover, . . . 

Hanson, . . . 

Hingham, . . . 



One thousand two hundred sixty-three 

dollars, .... 
Six hundred sixty dollars, 

One hundred eighty-six dollars. 

Four hundred fourteen dollars. 

Five hundred ten dollars. 

One hundred thirty-five dollars. 

Three hundred three dollars. 

Two hundred seven dollars, . 

Eight hundred eightv-five dollars, 



L,263 00 
660 00 

186 00 

414 00 

510 00 

135 00 

303 00 

207 00 

885 00 



1861.— Chapter 190. 

PLYMOUTH COUNTY— Continued. 



513 



Hull, . . 

Kingston, . 

Lakeville, 

Marion, 

Marshfield, 

Mattapoisett, 

Middleborough, . 

N. Bridgewater, 

Pembroke, 

Plymouth, 

Plympton, 

Rochester, 

Scituate, . 

South Scituate, 

Wareham, 

W. Bridgewater, 



Sixty dollars, .... 

Four hundred thirty-eight dollars, 

Two hundred ten dollars, 

One hundred sixty-eight dollars, . 

Two hundred seventy-nine dollars, 

Two hundred ninety-seven dollars, 

Eight hundred twenty-eight dollars. 

Eight hundred fifty-five dollars. 

Two hundred thirty-seven dollars. 

One thousand one hundred nineteen 

dollars, ..... 
One hundred forty-seven dollars, . 

Two hundred nineteen dollars. 

Three hundred fifty-seven dollars. 

Three hundred thirty-three dollars. 

Four hundred forty-four dollars, . 

Two hundred eighty-five dollars, . 



$60 00 
438 00 
210 00 
168 00 
279 00 
297 00 
828 00 
855 00 
237 00 

1,119 00 
147 00 

219 00 

357 00 

333 00 

444 00 

285 00 



110,839 00 



BARNSTABLE COUNTY. 




Barnstable, . . 


Seven hundred sixty-eight dollars. 


1768 00 


Brewster, . . . 


Two hundred thirty-one dollars, . 


231 00 


Chatham, . . . 


Three hundred forty-five dollars, . 


345 00 


Dennis, . . . 


Four hundred thirty-two dollars, . 


432 00 


Eastham, . . . 


Ninety-nine dollars, .... 


99 00 


Falmouth, . . 


Four hundred eighty dollars, 


480 00 


Harwich, . . . 


Three hundred fifty-seven dollars. 


357 00 


Orleans, . . . 


One hundred ninety-eight dollars, 


198 00 



1861.— Chapter 190. 

BARNSTABLE COUNTY— Continued. 



Provincetown, . 


Four hundred eighty dollars. 


$480 00 


Sandwich, . . 


Six hundred fifteen dollars, . 


615 00 


Truro, .... 


One hundred seventy-seven dollars, 


177 00 


Wellfleet, . . . 


Two hundred sixty- one dollars. 


261 00 


Yarmouth, . . 


Four hundred twenty-three dollars, 


423 00 




. $4,866 00 



DUKES COUNTY 



Chilmark, 
Edgartown, . 
Tisbury, . . 



One hundred ninety-eight dollars, 
Four hundred seventy-one dollars. 
Three hundred thirty-nine dollars, 



$198 00 
471 00 
339 00 



$1,008 00 



NANTUCKET COUNTY 



Nantucket, . . 



One thousand three hundred twentj'-six 
dollars, 



1,326 00 



RECAPITULATION. 



SufToIk County, . 
Essex County, 
Middlesex County, 
Worcester County, 
Hampshire County, 
Hampden County, 
Franklin County, 
Berkshire County, 
Norfolk County, . 



Ninety-seven thousand three hundred 

twenty-three dollars, 
Thirty thousand forty-five dollars, 

Forty-six thousand six hundred seventy- 
seven dollars, ..... 

Twenty-seven thousand six hundred 
fifty-one dollars, .... 

Six thousand four hundred fifty-nine 
dollars, ...... 

Nine thousand six hundred forty-two 
dollars, ...... 

Four thousand seven hundred seventy- 
nine dollars, . . . . . 

Eight thousand eight hundred eight 
dollars, ...... 

Twenty-eight thousand seven hundred 
sixteen dollars, .... 



$97,323 00 
30,045 00 



46,677 00 
27,651 00 
6,459 00 
9,642 00 
4,779 00 
8,808 00 
28,716 00 



1861.— Chapter 190. 

RECAPITULATION— Continued. 



515 



Bristol County, . 


Twent)'-two thousand two hundred 






thirty-three dollars, .... 


$22,233 00 


Plymouth County, 


Ten thousand eight hundred thirty- 






nine dollars, 


10,839 00 


BarnstableCounty, 


Four thousand eight hundred sixty-six 






dollars, ...... 


4,866 00 


Dukes County, . 


One thousand eight dollars. 


1,008 00 


Nantucket County, 


One thousand three hundred twenty- 






six dollars, 


1,326 00 




$300,372 00 



Section 2. The treasurer of the Commonwealth sliall J„'f '^;7,^^° '^; 
forthwith send his warrant, with a copy of this act, directed assessors, etc. 
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 eleventh chapter 
of the General 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. Tlie treasurer in his said warrant, shall Duties of asses- 

sors, selectmen. 

require the said selectmen or assessors to pay, or to issue 
their several warrant or warrants, requiring the treasurers 
of their several cities or towns to pay to said treasurer of the 
Commonwealth, on or before the first day of December, in 
the year one thousand eight hundred and sixty-one, the sums 
set against said cities or towns in the schedule aforesaid ; 
and the selectmen or assessors, respectively, shall return a 
certificate of the names of such treasurers, with the sum 
which each may be required to collect, to the said treasurer 
of the Commonwealth, at some time before the first day of 
October next. 

Section 4. If the amount due from any city or town, as Penalties for de- 
provided in this act, is not pyid to the treasurer of the Com- ""i"''°°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 



516 



1861.— Chapters 191, 192. 



thereof, against such delinquent city or town ; and upon 
notice to such city or town, and a summary hearing thereon, 
a warrant of distress may issue against such city or town, to 
enforce the payment of said taxes, under such penalties as 
the said court, or the justice thereof before whom the hearing 
is had, shall order. 

Section 5. This act shall take effect upon its passage. 

Approved April 10, 1861. 



Chap. 191 



Extension of 
tracks author- 
ized. 



Privileges and 
restrictions. 



May connect 
■with Metro- 
politan tracks. 



Conditions. 



Chap. 192 



County commis- 
sioners may re- 
construct. 



An Act concerning the Suffolk railroad company. 

Be it enacted, Sfc., as follows : 

Section 1. The board of aldermen of the city of Boston 
may extend the location of the tracks of the Suffolk Rail- 
road Company, over and upon such streets and highways of 
said city, nortli of the southerly line of Kneeland, Eliot or 
Boylston Streets, as may from time to time be fixed and 
determined by said board, with the consent in writing of 
said company ; and said company may construct, maintain 
and use such tracks as have been heretofore or may be here- 
after located by said board, with all the powers and privi- 
leges, and subject to all the duties, liabilities and restric- 
tions, in reference thereto, set forth in the act by which said 
company was incorporated. 

Section 2. Said board of aldermen may from time to 
time, authorize said company to enter upon and use the 
tracks of the Metropolitan Railroad Company, north of said 
southerly lines of said Kneeland, Eliot or Boylston Streets, 
suliject to such regnlations, as to the manner of such use, 
as may from time to time, be made by said board, for such 
annual compensation, to be paid by said Suffolk Railroad 
Company to said Metropolitan Railroad Company, as may 
be mutually agreed upon, or in case of disagreement, as 
may be fixed by three commissioners to be appointed by the 
supreme judicial court, in the manner, and with the powers, 
so far as relates to determining such compensation, provided 
in section one hundred and seventeen of the sixty-third 
chapter of the General Statutes. 

Section 3. This act shall take effect upon its passage. 

Approved April 10, 1861. 

An Act concerning neponset bridge. 
Be it enacted, &,"c., as follows : 

Section 1. The county commissioners for the county of 
Norfolk, in addition to the power given them by chapter two 
liundred and twenty-three, of the acts of the year eighteen 
hundred and fifty-seven, and tlie act of tlie present session 



1861.— Chapter 193. 517 

incorporating tlie Quincy Railroad Company, are authorized, 
as trustees of Neponset Bridge, to widen or reconstruct said 
bridge, and alter and improve the draw thereof, within the 
lines of location established by the original charter or the 
lines adopted by the commissioners in the laying out of the 
bridge and turnpike, although beyond the limits of the 
present structure of said bridge, and are authorized to fill 
and make solid the bridge, not obstructing any channel. 

Section 2. Said trustees may, by an order entered upon Limitation of 
their records, determine the amount of the fund to be dom of bridge. 
accumulated, under and pursuant to the act contained in 
chapter two hundred and twenty-three of the acts of the 
year eighteen hundred and fifty-seven, (said amount to be 
not less than fifteen thousand dollars,) and upon said funds 
being accumulated, the bridges shall be free from tolls: 
provided^ that said tolls shall be renewed from time to time Proviso, 
whenever the fund shall be inadequate to the repair and 
maintenance of said bridges. 

Section 3. The said commissioners as trustees, in addi- commissioners to 

. . ' . fix railroad tolls 

tion to the power given them by the act incorporating the over bridge. 
Quincy Railroad Company, are hereby required on the 
location of said company's road over said bridge, to fix the 
reasonable tolls to be paid by said company, which tolls 
may be commuted by payments, at stated times or in gross. 
Section 4. This act shall take effect upon its passage. 

Approved April 10, 1861. 

An Act relating to certain investments op the western rail- 
road SINKING FUND. 



Chap. 193 

Be it enacted, §"c., as follows : 

Section 1. The commissioners of the Western Railroad commissioners to 
Sinking Fund shall cancel the bonds of this Commonwealth, '^^^'^'^ 
and the coupons annexed, for the redemption of which said 
fund is provided, and which have been or may hereafter be 
purchased by said commissioners in the investment of 
moneys belonging to said fund: provided, the Western proviso. 
Railroad Corporation shall execute and deliver to the said 
commissioners an agreement, under seal, to pay to said com- 
missioners whatever interest may thereafter accrue upon 
any bond, so procured and cancelled, to the time of its 
maturity ; said agreement to be approved by the attorney- 
general. 

Section 2. The treasurer of the Commonwealth shall Treasurer of 
keep a record of all bonds so cancelled, and shall retain the to have custody, 
custody of the same as representing so much of the invest- ''**'■ 
ments of said fund, to be surrendered at the time of maturity 



conditions of. 



518 1861.— Chapters 194, 195. 

to the Commonwealth, in fulfilment of the purposes for 
which said fund was established. 
Investment of SECTION 3. lu addition to the securities named in chapter 
"0°^^ * stork's^ one hundred of the acts of the year eighteen hundred and 
fifty-eight, the moneys belonging to said Western Railroad 
Sinking Fund may be invested in the stocks of any railroad 
corpoi'ation in this state whose road is completed, whose 
capital has been wholly paid in, and whose road and property 
are unincumbered, and which has earned dividends of at 
least six per cent, per annum for three years next preceding 
such investment: provided^ that not more than twenty per 
cent, thereof shall at any one time be so invested in said 
railroad stock, and not more than seven per cent, thereof in 
the stock of any one of said railroad corporations, and no 
investment shall be made in the stock of said Western Rail- 
road Corporation. 
Investments in SECTION 4. The moncys belonging to said sinking fund 
may also be invested in such securities as the deposits in 
savings banks of this Commonwealth are now authorized to 
be invested in by the one hundred and forty-second and one 
hundred and forty-third sections of the fifty-seventh chapter 
of the General Statutes ; subject to the same restrictions as 
to amount, in proportion to the whole fund to be invested in 
any one kind of security, as are applicable to savings banks. 
Section 5. This act shall take effect upon its passage. 

Approved April 10, 1861. 



other securities. 



Chap. 194 



statute defined. 



An Act concerning mortgages in fraud of the insolvent law. 
Be it enacted, Sfc, as follows : 
Application of Thc eighty-uintli section of the one hundred and eighteenth 
chapter of the General Statutes, shall apply to any mort- 
gage or other conveyance of real or personal estate, which 
the law requires to be recorded, unless the same has been 
recorded six months previous to the filing of the petition by 
or against the person insolvent, or in contemplation of 
insolvency. Approved April 10, 1861. 



Chap. 195 



An Act concerning the appointment of inspectors of the 

hospital at rainsford island. 
Be it enacted, Sfc, as follows : 
Tenure of office. Tlic tcrni of tlic iuspcctors of tlic liospital at Rainsford 
Island, now in office, shall terminate at the expiration 
of three years from the date of their appointment, respec- 
tively ; and the governor, with the advice and consent of 
the council, shall appoint a board of three inspectors of said 
hospital, residing in the immediate vicinity thereof, and one 
member at least of said board shall be appointed annually. 

Approved April 11, 1861. 



1861.— Chapter 196. 519 

An Act to incorporate the vineyard sound railroad company. Qfidp^ 196 

Be it enacted, Sfc, as follows: 

Section 1. Oliver C. Swift, William Nye, Jr., Elijah corporator. 
Swift, George Marston, Sylvanus B. Phinney, Silas J. 
Bourne, their associates and successors, are hereby made Title. 
a corporation by the name of the Vineyard Sound Railroad 
Company, with all the powers and privileges, and subject to Prwiieges and re- 
all tlie duties, restrictions and liabilities, contained in the 
sixty-third chapter of the General Statutes, and to all other 
general laws that have been or shall hereafter be passed, 
relative to railroad corporations. 

Section 2. Said corporation is hereby authorized and Location and 

T ,, ^,, , %,. Mj construction. 

empowered to locate, construct and mamtam a railroad, 
with one or more tracks, commencing at a point in the town 
of Sandwich near the Monument station of the Cape Cod 
Railroad Company, thence running in a southerly direction 
through the villages of Monument and Pocasset, in Sand- 
wich and North Falmouth and West Falmouth, in Falmouth, 
to a point near the village of Falmouth, and thence south- 
westerly to tide-water at Woods Hole, in said Falmouth, 
with the right to build, and maintain, in tide-water, at 
Woods Hole, such wharf or wharves as may be necessary to 
the convenient transaction of business and transhipment of 
freight or passengers at that place. 

Section 3. The capital stock of said corporation shall capital. 
be three hundred thousand dollars, divided into shares of shares. 
one hundred dollars each ; and no assessment shall be levied 
thereon of a greater amount than one hundred dollars a 
share, and no shares shall be issued for a less sum, to be 
actually paid in, than the par value of the shares which 
shall be first issued. 

Section 4. Said company are hereby authorized to enter May unite with 
upon and unite their railroad with the railroad of the Cape p^.*^"" ^*'"'" 
Cod Railroad Company at or near Monument station, and 
to use the railroad of said Cape Cod Railroad Company upon 
the terms provided by the general laws of the Commonwealth. 

Section 5. This act shall be void if the location of the conditions of va- 
railroad herein authorized shall not be filed with the county I'^'^'y "^ '"='=• 
commissioners of the county of Barnstable within three 
years, and if said railroad is not completed within five years 
after the passage of this act. 

Section 6. This act shall take effect upon its passage. 

Approved April 11, 1861. 
23 



520 1861.— Chapters 197, 198. 

C%9. 197 



An Act relating to the election of town officeus. 
Be it enacted, §'c., as follows : 
Elections made SECTION 1. The electioii of towii officers in the several 
^^^^^' towns in tlie Commonwealth, heretofore made at the annual 

town meetings, so far as the same may be illegal, for the 
reason that the check list was not used in the election of said 
officers, or the moderator of any such meeting, 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 upon its passage. 

Approved April 11, 1861. 
Chan. 198 ^^ ^^^ making provision for the unfunded debt of the com- 

-* * MONWEALTH, AND FOR OTHER PURPOSES. 

Be it. enacted, §"c., as follows : 

Issue of scrip by SECTION 1. Tlic treasurer of the Commonwealth is hereby 

treasurer autiior- authorized and dircctcd to issue scrip or certificates of debt, 
in the name and behalf of the Commonwealth, and under his 
signature and the seal of the Commonwealth, to an amount 
not exceeding three hundred thousand dollars, bearing an 
interest not exceeding six per centum per annum, payable 
semi-annually, on the first days of June and December, with 
interest warrants attached thereto, signed by the treasurer ; 

Redemption. which scrip or certificates of debt sliall be redeemable as fol- 
lows, namely : one-third part thereof on the first day of June, 
eighteen hundred and sixty-eight ; one-third part thereof on 
the first day of June, eighteen hundred and seventy, and 
one-third part thereof on the first day of June, eighteen 
hundred and seventy-two ; and shall be countersigned l)y the 
governor of the Commonwealth, and be deemed a pledge of 

Disposition. the faitli and credit of the Commonwealth : and the treas- 
urer may, under the direction of the governor and council, 
dispose of any portion of said scrip, at any price not less than 
its par value. 

Funds, how ap- SECTION 2. The fuuds arising from the disposal of the Said 

^'""'' scrip, shall be applied to tlie payment of the unfunded debt 

now existing against the Commonwealth, and to the supply 
of any deficiency which may arise in tlie current income of 
the present year to meet the current expenses of the same. 

Negotiation, how SECTION -3. Ill casc such scrip or certificates cannot be 
negotiated at par, bearing interest at five per centum, the 
treasurer under the direction of the governor and council, 
shall advertise for proposals for such scrip or certificates bear- 
ing interest at six per centum ; and said scrip or certificates 
shall be issued to the highest bidders therefor. 

Section 4. This act shall take eJBfect upon its passage. 

Approved April 11, 1861. 



1861.— Chapter 199. 521 

An Act relating to house railroad corporations. Chat) 199 

Be it enacted, &;c., as follows : 

Section 1. If any liorse railroad corporation within tlie fiorofm^unldpai 
city of Boston shall violate any lawful rule or regulation of the ordinance. 
board of aldermen of said city, or if any horse railroad cor- 
poration in any other city or town shall violate any lawful 
rule or regulation of the board of mayor and aldermen of 
any city, or of the selectmen of any town, sucli corporation 
shall be liable to a penalty of not more than fifty dollars for 
each offence : provided, however, that any person or corpo- Proviso, 
ration affected by any rule or regulation established by the 
board of aldermen or selectmen as aforesaid, may apply to 
the supreme judicial court, for the appointment of three 
commissioners as hereinafter provided in the second section 
of tliis act, who shall, after hearing all parties, modify, 
revoke or approve in whole, or part, said rules and regula- 
tions as they shall judge the interests of the public require, 
and whose report when confirmed by the said court, shall be 
final and conclusive. 

Section 2. Whenever the track of any horse railroad ciorporations 

... , . r>T-> 111 -11 connecting 

corporation witlnn the city oi Boston shall connect with the tracks may ex- 
track, or terminate at the terminus of any other horse rail- \IT^^ *'" ^^^' 
road corporation, either of said corporations shall have the 
right to notify such other corporation of its desire to have 
the passengers upon its road transported over such other 
road within the city of Boston, and to have checks or tickets 
issued by such other corporation, so that the same may be 
distributed or sold upon the cars of the road so applying to 
the passengers in such cars, entitling the holder of the same 
to a passage in the cars of such other road to a point or 
points within the city of Boston : and if such corporations Reference in case 
shall be unable to agree upon the terms and conditions "^^ disagreement, 
upon which such commutation, transfer, or exchange tickets 
shall be issued, the supreme judicial court, upon the petition 
of either party, and notice to the other party and to the city 
of Boston, shall appoint three commissioners, who, after due 
notice to the parties and to the city of Boston, and after 
hearing said parties and said city, shall establish the terms 
and conditions on which commutation, transfer, or exchange 
tickets shall be issued, and shall fix and determine all other 
things needful to insure and subserve the convenient transfer 
of the passengers upon one road to the cars of the other, 
therein to be transported to a point or points on such road 
within the city of Boston : said commissioners, in their 
award, shall have reference to convenience and interests of 
the public, and of the corporations to be accommodated or 



522 1861.— Chapters 200, 201. 

affected thereby, and the award of the said commissioners, 
or of a major part of them, being returned to and approved 
by the court, shall be binding upon the respective corpora- 
tions interested therein, until the same shall have been 
revised or altered by commissioners upon like notice and in 
like manner appointed ; but no such revision or alteration 
shall be made within one year from the acceptance of such 
award. The costs of such application shall be assessed upon 
said corporations, as said commissioners or the court shall 
determine. 

Section 3. This act shall take effect upon its passage. 

Approved April 11, 1861. 



Chap. 200 



An Act in relation to the state reform school and the state 

industrial school. 
Be it enacted, ^c.^ as follows : 
Examinatious Upou complaiut made to any iudge of a probate court, or 

upon complaints, '■ • , , , i • n • j • • • i 

how conducted, aiiy magistrate now autlionzed to issue warrants in criminal 
cases, for any of the causes set forth in chapter seventy- 
fifth, section sixth, and chapter seventy-sixth, section seven- 
teenth, of the General Statutes, he shall examine on oath 
the complainant and any witnesses produced by him ; shall 
reduce the complaint to writing and cause the same to be 
subscribed by the complainant ; may issue a warrant reciting 
the substance of the accusation and requiring the officer to 
whom it is directed forthwith to take the person accused, 
and bring him or her before said judge of the probate court, 
or some judge of the superior court, to be dealt with accord- 
ing to law ; and in the warrant may require the officer to 
summon such witnesses as shall be therein named, to appear 
and give evidence on the examination. 

Approved April 11, 1861. . 

Chai), 201 -^^ -^^^ ^*-* repeal the fourth SECTION OF THE ONE HUNDRED AND 
-* ' FIFTY-FOURTH CHAPTER OF THE ACTS OF THE YEAR ONE THOUSAND 

EIGHT HUNDRED AND FIFTY-NINE. 

Be it enacted, §'c., as follows : 
Repeal. SECTION 1. The fourtli section of chapter one hundred 

and fifty-four of the acts of the year one thousand eight 

hundred and fifty-nine is hereby repealed. 
Tolls on Mill- SECTION 2. The commissioners on public lands are hereby 
mlSioners' ^ o^n authoHzed to make such arrangements with the Boston and 
co'llfer wlth^'cor" Roxbury Mill Corporation, and with any cities and towns or 
poration con- other corporatioiis or parties interested, respecting; a contiii- 

cermng continu- „^, . n , -mr-n n t , t i i • i 

anee, etc. uaucc 01 the tolls ou the Mill-dam, and the roads and bridges 

connected therewith, the fee of which vested in the Common- 
wealth by its indenture with the Boston and Roxbury Mill 



1861.— Chapters 202, 203. 523 

Corporation, hereinafter mentioned, and more particularly 
specified in a further indenture with the said Boston and 
Roxbury Mill Corporation, executed on the thirtieth day of 
December, in the year eighteen hundred and fifty-six, and 
in regard to any rights and easements therein, and in regard 
to the acceptance of the same as highways by said cities and 
towns, as they may deem suitable and proper, and shall 
have authority to execute all necessary instruments to carry 
such arrangements into effect, subject to the approval of the 
governor and council ; and out of any income derived from income. 
such tolls, they shall keep in suitable repair, the Mill-dam, 
cross dam and roads and bridges connected therewith, when- 
ever said dams, roads and bridges, shall come into the power 
and control of the Commonwealth by virtue of the indenture 
between the Commonwealth and the Boston and Roxbury 
Mill Corporation, made and concluded the ninth day of June, 
in the year eighteen hundred and fifty-four, or otherwise ; 
and any surplus, not required for such repairs, shall be paid suipius. 
into the treasury of the Commonwealth, to be kept as a 
separate fund for the same purposes : provided, that such Proviso, 
tolls shall cease, whenever the said ways and bridges are 
accepted and duly laid out as highways, by the proper 
authorities, and not sooner. Approved April 11, 1^61. 

An Act in addition to an act to incorporate the agricul- (JJmp^ 202 

TURAL BRANCH RAILROAD COMPANY. "' 

Be it enacted, ^"c, as follows. ■ 

Section 1. The Agricultural Branch Railroad Company Bnin'^h roaci iu 

.^, , • J. • Marlborough au- 

are hereby authorized to locate, construct and manitain a thonzed. 
branch railroad, from a point on their railroad near the 
house of Margaret Newton, in the southerly part of Marl- 
borough, to the end of their track as now laid down, near 
the town house in Marlborough Centre. And the said Mviieges and re- 
Agricultural Branch Railroad Company in locatnig, build- 
ing and maintaining said branch railroad shall have all the 
rights and privileges, and be subject to all the duties, 
liabilities and restrictions, contained in the General Statutes 
pertaining to railroad corporations. 

Section 2. This act shall take effect upon its passage. 

Approved April 11, 1861. 
An Act making appropriations for certain expenditures and Qliap. 203 

DEFICIENCIES, AND FOR OTHER PURPOSES. 

Be it enacted, ^c, as follows : 

The sums hereinafter mentioned are approi)riated and shall Appropriations 

I i i . , authorized. 

bie aUo"wed ama paid out of the treasury of the Commonwealth, 



524 



1861.— Chapter 203. 



Criminal prose- 
cutions, reim- 
bursement ti) 
counties two- 
thirds costs of. 



Expenses board 
agriculture. 



Transportation 
of paupers, 1859, 
'60. 



Expenses bank 
commissioners, 

1858, '60. 



Publishing bank 
returns, 185S. 

Expenses insur- 
ance eommision- 

ers, 1858. 

Arrest of fugi- 
tives, 1860. 



Decisions S. J. 
court. 



Burial of pau- 
pers, 1858, '59, 
'60. 



Insane paupers, 
1859, '60. 



Publishing mili- 
tary report, 1858. 



Newspapers. 



from the ordinary revenue, upon the warrants of the governor, 
for the purposes specified, as follows, namely: 

To reimburse the several counties two-thirds of the costs 
of criminal prosecutions which accrued prior to the thirtieth 
day of June, A. D. eighteen hundred and sixty, inclusive, 
and which were not taxed until after that date, according to 
the laws then existing, a sum not exceeding eight thousand 
five hundred dollars, to be taken from the unexpended 
balance of the appropriation for the reimbursement of criminal 
costs for the year eighteen hundred and sixty. 

For expenses of members of the board of agriculture 
for the year eighteen hundred and sixty, one hundred and 
ninety-seven dollars. 

For the transportation of state paupers in eighteen hundred 
and fifty-nine and eighteen hundred and sixty, in accordance 
with General Statutes, chapter seventy-one, section thirty-six, 
two hundred and eighty dollars. 

For the expenses of the bank commissioners for the year 
eighteen hundred and fifty-eight, fifty-eight dollars and fifty 
cents, and for the year eighteen hundred and sixty, one 
hundred and fifty- three dollars. 

For publishing bank returns, for the last quarter of the 
year eighteen hundred and fifty-eight, twenty-five dollars. 

For expenses of the insurance commissioners for the year 
eighteen hundred and fifty-eight, nine dollars and fifty cents. 

For expenses incurred in the arrest of fugitives from 
justice in the year eighteen hundred and sixty, eleven 
dollars. 

For purchasing four hundred and thirty-four copies each 
of three volumes of the reports of decisions of the supreme 
judicial court, for distribution among the towns and cities, 
and other purposes, three thousand seven hundred and 
seventy-five dollars and eighty cents. 

For the burial of state paupers in the years eighteen hun- 
dred and fifty-eight, eighteen hundred and fifty-nine, and 
eighteen hundred and sixty, seven hundred and twenty-two 
dollars and fifty cents. 

For the support of insane state paupers in the years 
eighteen hundred and fifty-nine and eighteen hundred and 
sixty, sixteen thousand dollars. 

For the expense of publishing a military report of the 
council, in the month of September, eighteen hundred and 
fifty-eight, by order of tlie late adjutant-general, twenty 
dollars. 

To enable the auditor to settle accounts for newspapers, 
ordered by certain departments of the government, as 



1861.— Chapter 204. 525 

described in his annual report, a sum not exceeding one 
hundred dollars; and hereafter all such accounts and charges, 
when necessary for any department, shall be included as a 
part of its incidental expenses, and paid from the regular 
appropriation therefor. 

For clerical assistance employed by the insurance commis- insurance com- 

i^ i' 'I ^ I- • missionei'S, clen- 

sioners in the valuation of life insurance policies, in addition cai assistance. 
to the sum appropriated for the salaries and ordinary expenses 
of the board, the money actually paid into tlie 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- 
dred fifty-nine : provided, such compensation shall not exceed Proviso. 
one thousand dollars for the current year. 

The unexpended balance of the appropriation of eighteen Farmers' ciubs, 
hundred and fifty-nine for expenses of farmers' clubs, which *^^i"^'^''^^ ° • 
is fifteen hundred and seventy-seven dollars and seventeen 
cents, is hereby re-appropriated for the purposes originally 
designed. Approved April 11, 1861. 

An Act making appropriations to meet certain expenditures QJinv) 204 

AUTHORIZED THE PRESENT YEAR, AND FOR OTHER PURPOSES. "' 

Be it enacted, §'c., as follows : 

JSection 1. The sums hereinafter mentioned are appro- Appropriations 
priated, and shall be allowed and paid out of the treasury of '"' °™^ ' 
the Commonwealth, from the ordinary revenue, upon the 
warrants of the governor, for the purposes specified in certain 
acts and resolves, for the present year, herein cited as follows, 
namely : 

For compensation of the commissioners on public lands, a commissioners 

,i.,,i Till on public lands. 

sum not exceeding two thousand dollars. 

For clerk hire to said commissioners, a sum not exceeding 
one thousand dollars. 

For contingent expenses of said commissioners, a sum not 
exceeding three thousand dollars ; said sums to be paid 
from the moiety of the proceeds of sales already made, wliich 
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 pro- 
visions of said chapter seventy. 

For the salary of the assistant-librarian and clerk of the As.sistant-iibra- 
secretary of the board of education, one thousand five "''"■ 
hundred dollars. 

For binding annual railroad reports, agreeably to the Binding railroad 
provisions of chapter two hundred and sixty-two of the acts '"p^'*^^- 
of eighteen hundred and fifty-nine, two hundred dollars. 



526 



1861.— Chapter 204. 



Special statutes, 
printing. 



Registration 
books. 



Martin WTieelock 
Mary Halloran. 
Mary McGrath . 

A. 0. Brewster. 



Eye and Ear In- 
firmary. 



Elisha Brewer, 
Jr. 



Allen G. Drody. 
School for Idiots. 

Benjamin Smith. 
Michael V. Ney. 



Company B, 3d 
Batt. Infantry. 



John C. Willey. 



Company B, 9th 
Reg't Infantry. 



N. E. F. M. R. 
Society. 



State prison 
library. 



For completing the printing of the special statutes, and 
superintending the same under the provisions of chapter 
eighty-five of the resolves of eighteen hundred fifty-nine, 
fifty-two hundred dollars. 

For the purchase of books for the registration of births, 
marriages and deaths, for the use of the towns of the Com- 
monwealth, as required by chapter twenty-one, section nine, 
of the General Statutes, eight hundred and twenty-five 
dollars. 

In the resolve, chapter ten, of the resolves of the present 
year, in favor of Martin Wheelock, fifty dollars. 

In the resolve, chapter sixteen, in favor of Mary Halloran, 
two hundred dollars. 

In the resolve, chapter seventeen, in favor of the overseers 
of the poor of the town of Framingham, for the benefit of 
Mary McGrath, one hundred dollars. 

In the resolve, chapter nineteen, in favor of A. 0. Brews- 
ter, twelve hundred dollars. 

In the resolve, chapter twenty-three, in favor of Massachu- 
setts Charitable Eye and Ear Infirmary, the sum of two 
thousand dollars. 

In the resolve, chapter twenty-five, in favor of Elisha 
Brewer, Jr., one hundred and seventy -five dollars. 

In the resolve, chapter twenty-seven, in favor of Allen G. 
Drody, one hundred dollars. 

In the resolve, chapter twenty-eight, to pay expenses incur- 
red on the building of the Massachusetts School for Idiotic 
and Feeble-Minded Youth, three thousand dollars. 

In the resolve, chapter eight, in favor of Benjamin Smith, 
a soldier of the revolution, one hundred and fifty dollars. 

In the resolve, chapter thirty, in favor of Michael F. Ney, 
eighty dollars. 

In the resolve, chapter thirty-one, in favor of Company B, 
Third Battalion of Infantry, one hundred sixty-eight dollars 
ninety-six cents. 

In the resolve, chapter thirty-two, in favor of John C. 
Willey, one hundred fifty dollars. 

In the resolve, chapter thirty-four, in favor of Company 
B, Ninth Regiment of Infantry, three hundred ninety 
dollars. 

In resolve, chapter thirty-six, in aid of the New England 
Female Moral Reform Society, one thousand dollars. 

For the benefit of the library at the state prison, the sum 
of two hundred dollars, agreeable to chapter forty-nine of 
resolves of eighteen hundred sixty. 



1861.— Chapter 204. 527 

For clerical assistance to committees authorized to send |;XSance.''" 
for persons and papers, a sum not exceeding three hundred 
dollars, in addition to the sums heretofore appropriated ; 
and the auditor is hereby authorized to audit bills for such 
assistance, the same having been approved by the chairmen 
of sucli committees, or other member authorized by the 
committee to certify such accounts. 

In the resolve, chapter tlijrty-seven, in favor of Increase increase n. Em- 
N. Emerton, fifty dollars. 

In the resolve, chapter thirty-eight, in favor of Solomon soiomon Thayer. 
Thayer, twenty-nine dollars. 

In the resolve, chapter forty, in favor of F. G. Towle and Towie&seavy. 
S. S. Seavy, twenty dollars and fifty-cents. 

In the resolve, chapter forty-two, in favor of the guardian saiiyBurr. 
of the Punkapog tribe of Indians for the benefit of Sally 
Burr, fifty-two dollars. 

In the resolve, chapter forty -three, in favor of the guardian poiiy croua. 
of the Punkapog tribe of Indians for the benefit of Polly 
Croud, fifty-two dollars. 

In the resolve, chapter forty-four, in favor of Dennis S. Dennis s. uogan. 
Hogan, two hundred dollars. 

In the resolve, chapter forty-five, in favor of the guardian c. E.Meyers. 
of the Punkapog tribe of Indians for the benefit of Charlotte 
E. Meyers, fifty-two dollars. 

In the resolve, chapter forty-six, in relation to certain state prison, un- 

-, . ^ • • J.1 provements. 

repairs and improvements upon the state prison, nine thou- 
sand three hundred seventy-six dollars and thirty-two cents. 

In the resolve, chapter forty-seven, in favor of Edward e. b. Moore. 
B. Moore, twenty dollars. 

In the resolve, chapter forty-eight, in favor of the over- Amelia p. Louis, 
seers of the poor of the town of Westport, for the benefit of 
Amelia P. Louis, one hundred dollars. 

In the resolve, chapter forty-nine, in favor of the guardian saiiy and james 
of the Punkapog tribe of Indians for the benefit of Sally ^"" 
Burr and James Burr, fifty-two dollars. 

In the resolve, chapter fifty, in favor of the Worcester children's Friend 
Children's Friend Society, one thousand dollars. ^°"^'^- 

In the resolve, chapter fifty-one, in aid of the Perkins' Asyium for wind. 
Institution and Massachusetts Asylum for the Blind, three 
thousand dollars. 

In the resolve, chapter fifty-two, in favor of the state Almshouse, Mon- 
almshouse at Monson, thirty-two hundred dollars. ^°°' 

In the resolve, chapter fifty-three, in favor of David F. d. f. Parmenter. 
Parmenter, forty-eight dollars. 

In the resolve, chapter fifty-four, in favor of Barnard C. b. c. Marchant. 
Marchant, seventy-nine dollars and seventeen cents. 

21 



528 



1861.— Chapter 204. 



W. A. Walker. 



W. H. Luce. 



Attorney-gen- 
eral. 



War rolls, 1812. 



Jemima Easton. 



Francis N. Luce. 



Suppression of 
counterfeitiug. 



School for idiots. 



Agent discharged 
convicts. 



State engineer. 



Emercrency fund, 
application of. 



Rogers' Book 
Fund, income. 



Charlss River and 
Warren Bridges. 



Ill the resolve, chapter fifty-five, in favor of William A. 
Walker, fifteen dollars. 

In resolve, chapter fifty-seven, in favor of W. H. Luce, 
one hundred dollars. 

In resolve, chapter fifty-nine, to provide the office of the 
attorney-general with the reports of the Commonwealth, two 
hundred fifty dollars. 

In the resolve, chapter fifty-six, in relation to the rolls of 
the war of eighteen hundred twelve, the sum of two hundred 
dollars. 

In the resolve, chapter sixty, in favor of Jemima Easton, 
one hundred dollars. 

In the resolve, chapter sixty-one, in favor of Francis N. 
Luce, one hundred and four dollars. 

In the resolve, chapter twenty-two, for the suppression of 
counterfeiting bank bills and coins, a sum not exceeding 
fifteen hundred dollars. 

In the resolve, chapter twenty-six, in favor of the Massa- 
chusetts School for Idiotic and Feeble-Minded Youth, accord- 
ing to chapter forty-four of the resolves of eighteen hundred 
fifty-one, be increased to tlie sum of nine thousand dollars. 

In the act, cliapter seventy-eight, increasing the expendi- 
ture and compensation of the agent for discharged convicts, 
eighteen hundred dollars. 

For the salary of the state engineer of the Troy and 
Greenfield Railroad, in accordance with the acts of eighteen 
hundred sixty, chapter two hundred and two, section three, 
one tiiousand dollars. 

The appropriation made in the twenty-second chapter of 
the acts of the year one thousand eight hundred and fifty- 
eight, for the emergency fund, is hereby made applicable to 
and may be used during the present political year, for the 
purposes and under the provisions and limitations mentioned 
in said chapter. 

Section 2. 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 3. 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-one, that is to say : 

For repairs on said bridges and the buildings belonging 
thereto, a sum not exceeding one thousand five hundred 
dollars. 



1861.— Chapter 205. 529 

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 three 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 lum- 
dred dollars. 

Section 4. The sums mentioned in this section aie Essex Bridge. 
appropriated, 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-one, that 
is to say : 

For the salary of the agent of said bridge, the sum of two 
hundred and fifty dollars. 

For the balance due Essex Bridge Corporation, as per 
award of commissioners, the sum of six hundred 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 one hundred 
dollars. 

For incidental expenses, a sum not exceeding fifty dollars. 

And all moneys arising from the tolls on said bridge shall Disposition of 

o tolls 

be paid into the state treasury. 

Section 5. In all cases for which no other provision is surplus funds, 
made by law, the income or any surplus thereof of all funds °'^ "''°°'^ 
belonging to, or in the custody of the Commonwealth, shall 
be added to the principal. 

Section 6. This act shall take effect upon its passage. 

Approved April 11, 1861. 

An Act to incorporate the brookline water company. Chan. 205 

Be it enacted, ^"c, af: follows : 

Section 1. Theophilus P. Chandler, William I. Bowditch, corporators. 
William H. Hill, their associates and successors, are hereby 
made a corporation under the name of the Brookline Water xitie. 
Company, for the purpose of furnishing the inhabitants of Purpose. 
Brookline with good water ; with all the powers and privi- Powers, etc. 



530 



1861.— Chapter 205. 



Capital. 



May purchase 
land and ponds 
and improve 
same. 



Pescription to be 
filed with register 
of deeds. 



May lay pipes, 
raise water, etc. 



Damages, how 
determined. 



Limitation of 
time. 



Brookline may 
insert hydrants. 



leaes, and subject to all the duties, restrictions and liabilities, 
set forth in the sixty-eighth chapter of the General Statutes. 

Section 2. The capital stock of the said company shall 
be fifty thousand dollars, with the right at any time to 
increase it to one hundred thousand dollars by a vote of a 
majority of the shares ; and the stock shall be divided into 
shares of one hundred dollars each. 

Section 3. The said company may purchase land and 
water-rights necessary for its objects, and pay therefor wholly 
or in part in the shares of the company at par. 

Section 4. The said company may purchase, take and 
hold the land lying east and south of Pond Avenue, including 
Willow Pond and Spring Pond, which lie partly in Brook- 
line and partly in West Roxbury, and sufficient land below 
Willow Pond and adjoining it to make another large pond 
in an economical manner ; and also as much land around 
the said ponds and the said contemplated pond, as may be 
necessary for the preservation of the purity of the same, but 
not exceeding five rods in width ; but the said Brookline 
Water Company shall not take any land within one hundred 
feet of the land purchased by the Aqueduct Corporation of 
Giles Alexander, and may purchase and hold a lot of land 
on Summit Street in the said Brookline whereon to erect 
reservoirs, with the right to lay underground pipes thereto. 
The said company shall, within sixty days from the time of 
taking any such land, file in the office of the register of 
deeds in the county of Norfolk, a description of the lands so 
taken, and state the purpose for which it is taken. 

Section 5. The said company may raise or pump the 
water from any and all of the said ponds into reservoirs on 
Summit Street ; and may, under the direction of the select- 
men of Brookline, lay and maintain underground pipes 
through any of the streets and lanes of the said town, and 
through any private, corporate, or public grounds, when 
necessary, for the purpose of conveying the water from such 
reservoirs to the citizens of the said town who desire to 
receive and pay for it. 

Section 6. All damage sustained by taking land, or 
otherwise, may be ascertained, determined, and recovered in 
the manner provided by law in case of land taken for high- 
ways. But no proceedings shall be commenced after the 
lapse of one year after the damage occurred. 

Section 7. The town of Brookline shall be allowed the 
privilege of inserting ten hydrants into the main pipes of the 
company at such points as the selectmen may indicate, with 
the right of using the water for the purpose of extinguishing 



1861.— Chapters 206, 207. 531 

fire and for filling the public reservoirs, but for no other 
purpose. 

Section 8, Nothing in this act contained, shall be so ^^''°^'/j."^''p'^°° "^ 
construed as to interfere with the chartered rights of the '^^ 
Jamaica Pond Aqueduct Corporation, or to give authority 
to the said Brookline Water Company to take any lands, 
ponds, springs, waters, streams, easements, franchises, rights 
or privileges belonging to the said Jamaica Pond Aqueduct 
Corporation, incorporated May eighth, eighteen hundred 
and fifty-seven. 

Section 9. This act shall take effect upon its passage. 

* Approved April 11, 1861. 

An Act to establish a law term of the supreme judicial Chap. 206 

COURT at TAUNTON, WITHIN AND FOR THE COUNTY OF BRISTOL. 

Be it enacted, Sfc, as follows: 

Section 1. A law term of the supreme judicial court, Time of holding. 
for entering and hearing questions of law, civil and criminal, 
arising in the county of Bristol, shall be held at Taunton 
annually, on the fourth Tuesday of October. 

Section 2. Said term shall be taken to be a term for the Purposes defined. 
return of process, entry of appeals, trials, and for all pur- 
poses for which a court may be held by a single justice in 
said county ; but no jury shall be summoned for said term, 
unless an order therefor shall be issued by the justices of 
said court, or one of them, to the clerk of said county. 

Approved April 11, 1861. 

An Act concerning the police court in haverhill and brad- QJi^p^ 207 

FORD. 

Be it enacted, Sfc, as folloivs : 

Section 1. The judicial district now under the jurisdic- District defined. 
tion of the police court of Haverhill, is hereby enlarged by 
including within the jurisdiction of said court, the town of 
Bradford. 

Section 2. The justice of said court shall receive an salary of justice. 
annual salary of nine hundred dollars. 

Section 3. Whenever the said towns of Haverhill and n^erk^ when 
Bradford, according to the next succeeding state census, 
shall contain fourteen thousand inhabitants, a clerk of said 
court shall be chosen at the municipal elections in the towns 
of Haverhill and Bradford, of the year in which clerks of 
other police courts shall next thereafter be elected. 

Section 4. The town clerks of Haverhill and Bradford '^^J^^^^^^^ °^ 
shall, within three days from the day of an election for said 
clerk, transmit copies of the records of the votes for said 



532 1861.— Chapter 208. 

clerk, attested by them, certified by the selectmen of said 
towns, and sealed up, to the justice of the court, and the 
justice shall examine them, and forthwith transmit to the 
person who appears to be chosen, a certificate of such choice, 
under his hand and the seal of said court. 

Failure to elect. SECTION 5. If it appears that said district has failed to 
elect a clerk, such fact shall be certified by the said justice 
to the selectmen of said towns, and thereupon a new election 
shall be held at the next annual town meetings of said 
towns, and similar proceedings shall be had as at the first 
trial. 

Duties of clerk. SECTION 6. Thc dutics of the clerk of said court shall 
be the same now prescribed by the General Statutes as the 
duties of clerks of other police courts ; and all the provisions 
of law now applicable to such clerks, shall apply to this 
clerk, excepting such as apply only to the police court of 
Boston, or prescribe the method of election. 

Approved April 11, 1861. 

Chap. 208 ^^ -^^"^ ^^' ADDITION TO AN ACT MAKING APPROPRIATIONS TO MEET 
CERTAIN EXPENDITURES AUTHORIZED THE PRESENT YEAR, AND FOR 
OTHER PURPOSES. 

Be it enacted, Sfc, as follows : 

Appropriations SECTION 1. The suius hereinafter mentioned are appro- 
priated and shall be allowed and paid out of the treasury of 
the Commonwealth from the ordinary revenue, upon the 
warrants of the governor, for the purposes specified in cer- 
tain acts and resolves for the present year herein cited, as 
follows, namely : 

H. A. Longiey. In the rcsolve, cliaptcr sixty-four, in favor of Henry A. 
Longley, sixty dollars. 

Moore & Harris. In the rcsolvc, chapter sixty-five, in favor of Granville C. 
Moore and Arthur Harris, fifteen dollars. 

statue of Mann. jn i\^q rcsolvc, cliaptcr sixty-six, in relation to the statue 
of Horace Mann, fifteen hundred dollars. 

Hospital at 111 the rcsolvc, chapter sixty-nine, in favor of the state 

ort amp on. lyj^atic liospital at Northampton, six thousand seven hundred 
and fifty dollars. 

Industrial school jjj tlio rcsolve, chaptcr seventy-three, concerning the pur- 
chase of an additional building and lands for the state 
industrial school for girls, twenty-five hundred dollars. 

c. &c. Indians. In the resolve, chapter seventy-four, in favor of the Chap- 
pequiddic and Christiantowii Indians, one hundred and four 
dollars, payable from the income of the School Fund. 

^^^s^^- In the resolve, chapter seventy-six, relative to badges for 

officers of the general court, and other purposes, one hundred 
sixty-nine dollars. 



1861.— Chapter 208. 533 

For printing, required by chapter tiiirteen of the resolves Printing. 
of eighteen Imndred and sixty, a sum nor exceeding twelve 
hundred and fifty dollars. 

Tlie unexpended balance of the sum appropriated by same. 
chapter forty, of the acts of eighteen hundred and sixty- 
one, for printing for the valuation committee, is hereby 
appropriated for printing the documents and journals of 
said committee as ordered by the general court. 

For the salary of the justice of the police court in Lee, Pouce court, Lee, 
the sum of one hundred dollars, in addition to any former Justice's salary, 
appropriation the present year. 

The appropriation contained in cliapter ninety-three of Harris' Report on 
the acts of eighteen hundred sixty-one, for completing the ^°^^<='^- 
publication of Harris' Report on Insects, sliall be held to 
include, also, the unexpended balance of the appropriation 
in chapter two hundred ninety-six of the acts of eighteen 
hundred fifty-nine. 

In the resolve, chapter seventy-eight, in favor of Arad Arad Demson. 
Denison, fifty-dollars. 

For clerical assistance to committees, in addition to the committees, 
sums already appropriated, one hundred and fifty dollars. 

In the resolve, chapter eighty-four, in favor of the Indians Gay Head in- 
of Gay Head, sixty dollars. ^"^°^' 

In the resolve, chapter eighty-five, in favor of the Wash- washingtonian 
ingtonian Home, five thousand dollars. ^°'^®' 

In the resolve, chapter eighty-eight, in favor of the state state cabinet. 
cabinet, five hundred dollars. 

In the resolve, chapter eighty-nine, in favor of John j. m. Earie. 
Milton Earle, seven hundred seventy-five dollars. 

For the purchase, by the secretary of the Commonwealth, secretary, blank 
of suitable blank books for the use of the assessors of each 
city and town, agreeably to the provisions of chapter one 
hundred and sixty-seven, of the acts of the present year, 
thirteen hundred dollars. 

In the resolve, chapter ninety-tliree, for the compensation commissioners to 
of commissioners to Washington, thirty-five hundred dollars. ^^*«^"iston. 

In the resolve, chapter ninety-one, in favor of the state Reform school, 
reform school for boys, one thousand dollars. 

In the resolve, chapter ninety-four, in favor of John Hill, Johnmu. 
eighty dollars. 

In the resolve, chapter ninety-five, in favor of the Marsh- Marshpee sch'is. 
pee schools, in addition to the sums already appropriated, 
seventy-five dollars. 

In the resolve, chapter ninety-six, in favor of the state Almshouse, 
almshouse at Bridgewater, two thousand dollars. " gewater. 



534 



1861.--CHAPTER 208. 



Extra messen- 
gers. 

Police Court Ha- 
verhill and Brad- 
ford, justices' 
salary. 

Representatives' 
Hall, warming, 
&c. 



Gay Head In- 
dians. 



Agricultural 
school, estab- 
lishment of. 



In the resolve, chapter ninety-seven, for the payment of 
extra messengers, one hundred fourteen dollars. 

For the salary of the justice of the police court of Haver- 
hill and Bradford, the sum of three hundred dollars, in 
addition to any former appropriation the present year. 

In the resolve, chapter ninety-nine, concerning the warm- 
ing and ventilating of the representatives' hall, one hundred 
dollars. 

In the resolve, chapter one hundred, in favor of Tristram 
Mayhew, for the benefit of the Gay Head Indians, fifty 
dollars. 

In the resolve, chapter ninety-eight, in favor of the estab- 
lishment of an agricultural school or college, two hundred 
dollars. Approved April 11, 1861. 



KESOLY ES, 

GENERAL AND SPECIAL 



Chap. \, 



Resolve establishing the office of private secretary of the 
governor of the commonwealth. 

Resolved, That the governor may appoint some suitable Governor may 
person as his private secretary, who shall hold his office ''^^°'° ' 
during the pleasure of the governor, and shall receive in 
full compensation for his services, the sum of fourteen hun- gaiary. 
dred dollars per annum, and at the same rate for any part 
of a year, to be paid out of the treasury of the Common- 
wealth, in equal quarterly payments. 

Approved January 18, 1861. 



I Chap. 2. 



Resolves tendering the aid of the commonwealth to the 
president of the united states, in enforcing the law 
preserving the union. 

Whereas., Several states of the Union have, through the Rebellion, exist- 
action of their people and authorities, assumed the attitude en^eof declared. 
of rebellion against the national government ; and ivhereas, 
treason is still more extensively diffused ; and ivhereas, the 
state of South Carolina, having first seized the post office, 
custom-house, moneys, arms, munitions of war and fortifi- 
cations of the federal government, has, by firing upon a 
vessel in the service of the United States, committed an act 
of war ; and whereas, the forts and property of the United 
States, in Georgia, Alabama, Louisiana and Florida, have 
been seized with hostile and treasonable intention ; and 
'whereas, senators and representatives in congress avow and 
sanction these acts of treason and rebellion ; therefore. 

Resolved, That the legislature of Massachusetts, now, as President prof- 
always, convinced of the inestimable value of the Union, ^^^"^ °"'"*y*"'' 
and tlie necessity of preserving its blessings to ourselves and 
our posterity, regard with unmingied satisfaction the deter- 
mination evinced in the recent firm and patriotic special 
25 



536 



1861. — Chapters 3, 4, 5. 



Gratitude for pa- 
triotic devotion 



Copies to be 
transmitted. 



message of the president of the United States, to amply and 
faithfully discharge his constitutional duty of enforcing the 
laws and preserving the integrity of the Union ; and we 
proffer to him, through the governor of the Commonwealth, 
such aid in men and money as he may require, to maintain 
the authority of the national government. 

Resolved, That the Union-loving and patriotic authorities, 
representatives and citizens of those states whose loyalty is 
endangered or assailed by internal or external treason, who 
labor in behalf of the Federal Union with unflinching 
courage and patriotic devotion, will receive the enduring 
gratitude of the American people. 

Resolved, That the governor be requested to forward, 
forthwith, copies of the foregoing resolutions to the presi- 
dent of the United States, and the governors of the several 
states. Approved January 23, 1861. 



Chap. 3. 



Appropriation 
transferred. 



Ch 



ap. 



Appropriation 
for troops au- 
thorized. 



Resolve concerning the quartermaster-general's depart- 
ment. 

Resolved, That the sum of fifteen hundred dollars be, 
and the same is hereby transferred from the appropriation 
for military accounts, approved February twenty-ninth, one 
thousand eight hundred and sixty, to the adjutant and 
quartermaster-general's account, for the payment of certain 
demands upon that department, which have accrued during 
the year one thousand eight hundred and sixty. 

Approved January 28, 1861. 



Resolve concerning the visit of his royal highness the prince 

OF wales, to MASSACHUSETTS. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, the sum of seven thousand 
six lumdred dollars, for services of the troops, on the eight- 
eenth of October last, ordered on duty by his excellency 
the governor and commander-in-chief, on the occasion of 
the visit of His Royal Highness the Prince of Wales, to the 
capitol of the Commonwealth ; and the governor is hereby 
authorized to draw his warrant therefor. The accounts of 
said troops to be first audited and approved by the adjutant- 
general. Approved January 31, 1861. 



Chap. 5. 



Rearrangement 
authorized. 



Resolve relating to reporters' seats in the house of repre- 
sentatives. 

Resolved, That the sergeant-at-arms, under the direction 
of the commissioners on the state house, is hereby authorized 
to remove the present seats of reporters in the house of 



1861.— Chapters 6, 7, 8. 537 

representatives, and to replace the same by new and more 
convenient inclosures and tables : provided^ that the whole 
expense thereof shall not exceed two hundred dollars. 

Approved January 31, 1861. 

Resolve tendering the hospitalities of the commonwealth Qfidn. 6. 

TO THE president ELECT OF THE UNITED STATES. " 

Reso/ved, That his excellency the governor, the president ^"^'f'^'V"' *"' 
of the senate, and the speaker of the house of representa- 
tives, be authorized to invite, in the name of the government 
and people of Massachusetts, the honorable Abraham Lin- 
coln, president elect of the United States, previous to his 
inauguration, to visit this State as the guest of the Common- 
wealtil. Approved February 1, 1861. 

Resolve for the appointment of commissioners to attend a Qfidp^ 7, 

CONVENTION TO BE HELD IN THE CITY OF WASHINGTON. "' 

Whereas, The Commonwealth of Massachusetts is desirous Reasons enume- 
of a full and free conference with the general government 
and with any or all of the other states of the Union at any 
time and on every occasion when such conference may 
promote the welfare of the country ; and 

Whereas, Questions of grave moment have arisen touch- 
ing the powers of the government, and the relations between 
the different states of the Union ; and 

Whereas, The state of Virginia has expressed a desire to 
meet her sister states in convention at Washington ; there- 
fore, 

Resolved, That the governor of this Commonwealth, by Appointment au- 
and with the advice and consent of the council, be and he ^^""^<^- 
hereby is authorized to appoint seven persons as commis- 
sioners, to proceed to Washington to confer with the general 
government, or with the separate states, or with any asso- 
ciation of delegates from such states, and to report their 
doings to the legislature at its present session ; it being 
expressly declared that their acts shall be at all times under 
the control, and subject to the approval or rejection of the 
legislature. Approved February 5, 1861. 

Resolve in favor of benjamin smith. Chap. 8. 

Resolved, That there be allowed and paid out of the Appropriation 
treasury of the Commonwealth, to Benjamin Smith, of ^"'''°"''^**- 
Grafton, a soldier of the revolution, the annual sum of one 
hundred and fifty dollars, in semi-annual payments of 
seventy-five dollars each, due and payable on the first day 
of May and November respectively, in each year; but if, conditions. 



538 



1861.— Chapters 9, 10, 11, 



Repeal. 



Chap. 



during the intervals of such payments said Smith should 
decease, then this resolve shall have no further effect, except 
to provide for the payment of such sum, as shall have 
accrued from the date of the last payment, to the time of 
such decease. A resolve approved February twenty-fourth, 
eighteen hundred and sixty, entitled " A Resolve in favor 
of Benjamin Smith, a Revolutionary Pensioner," is hereby 
rescinded. Approved February 9, 1861. 



9^ Resolve authorizing the treasurer to borrow money in 
anticipation of the revenue. 



May borrow from 
banks and sink- 
ing funds. 



Chap. 10. 

Annual pension 
allowed. 



Repeal. 



Chap. 11. 



Resolved., That the 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, binder 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 authorized by this resolve, sliall not 
at any time exceed five hundred thousand dollars. 

Approved February 9, 1861. 



Resolve in favor op martin wheelock. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, to Martin Wheelock, of 
Gardner, in the county of Worcester, the annual sum of 
fifty dollars during his natural life, the first of which pay- 
ments shall be due and payable on the twelfth day of June, 
in the year one thousand eight hundred and sixty-one. A 
resolve approved March sixteenth, eighteen hundred and 
fifty-five, entitled a " Resolve on the petition of Martin 
Wheelock," is hereby repealed. Approved February 9, 1861. 

Resolve making an appropriation for the pay of the electors 
OP president and vice-president of the united states. 

Resolved, That there be and hereby is appropriated from 
the treasury of the Commonwealth, out of the ordinary 
revenue, the sum of two hundred and one dollars for the 
compensation and mileage of the electors of president and 
vice-president of the United States, to be paid on the warrant 
of the governor. ^^pproved February 15, 1861. 



1861.— Chapters 12, 13, U, 15. 539 

Resolve authorizing the commissioners of the county of pi^.^ 1 9 

HAMPDEN TO BORROW MONEY. . JJ. ^. 

Resolved, That the commissioners of the county of Hamp- 
den be', and hereby are authorized to borrow a sum not 
exceeding fourteen thousand dollars, on the credit of the 
county, for the purpose of enlarging the jail and house of 
correction of said county. Approved February 20, 1861. 

Resolve in favor of edgar m. brown, clerk of the valuation fih„,^ 1 o 

COMMITTEE. -t ' 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, to Edgar M. Brown, clerk 
of the valuation committee, the sum of twelve hundred 
dollars, in accordance with the vote of the valuation com- 
mittee, passed December thirty-first, one thousand eight 
hundred and sixty ; the same to be taken from the sum 
appropriated for the compensation of the valuation com- 
mittee by the act approved January thirty-first, one thousand 
eight hundred and sixty-one. Approved March 1, 1861. 

Resolve making an appropriation for the compb;nsation of the (Jfif^n^ \/j^^ 

MEMBERS AND OFFICERS OF THE VALUATION COMMITTEE OF THE ^' 
YEAR ONE THOUSAND EIGHT HUNDRED AND SIXTY. 

Resolved, That there be paid out of the treasury of this 
Commonwealth, to each member of the valuation committee 
of the year one thousand eight hundred and sixty, three 
dollars and fifty cents for each and every day's actual attend- 
ance upon sessions of said committee, and to the door- 
keepers and messengers in attendance on said committee, 
three dollars and thirty-three cents for each and every day's 
actual attendance on said committee, and to the pages two 
dollars and twenty cents for each day's actual attendance on 
said committee, exceeding the ninety days prescribed by chap- 
ter eighty-three of the resolves of the year one thousand eight 
hundred and sixty, and that the further sum of one hundred 
dollars be paid to the sergeant-at-arms, for extra services in 
attendance upon the said valuation committee ; and the sum 
of two thousand seven hundred and eighty dollars and twenty- 
five cents is hereby appropriated out of the current revenue 
of the Commonwealth to meet said expenditures. 

Approved March 2, 1861. 

Resolve on the petition of artemas brown. Ghcip. 15. 

Resolved, That any and all conveyances of real estate Acts confirmed. 
made by Artemas Brown of Med way, as guardian of Elijah 
Whiting, an insane person, in pursuance of authority from 
the probate court of the county of Norfolk, and notice of 



540 1861.— Chapters 16, 17, 18, 19, 20. 

sale signed by him, dated October sixteenth, eighteen hun- 
dred and forty-four, shall not be rendered void by reason of 
any omission in said notice to designate the place of said 
sale ; but said sales and conveyances are hereby confirmed. 

Approved March 2, 1861. 



Chap. 16. 



Chap, 11. 



Resolve in favor of mart halloran. 

Resolved, That for reasons set forth in the petition of G. 
C. Sanborn and others, there be allowed and paid out of the 
treasury of the Commonwealth, to tlie overseers of the poor 
of the town of Westborough, the sum of two hundred 
dollars, to be by them disbursed in favor of the family of 
Mary Halloran, of said town. Approved March 9, 1861. 

Resolve in favor op the overseers of the poor of the town 

OF FRAMINGHAM, for the benefit of MARY MCGRATH. 

Resolved, That for reasons set forth in the petition of 
Mary McGrath, there be allowed and paid out of the trea- 
sury of the Commonwealth to the overseers of the poor of 
the town of Framingham, the sum of one hundred dollars, 
for the benefit of the said Mary McGrath. 

Approved March 9, 1861. 

Chap. 18. Resolve for an appropriation for state normal schools. 
Deficiency pro- Resolvcd, That there be appropriated and paid out of the 
Tided for. moiety of the income of the school fund applicable to 

educational purposes, the sum of four thousand four hun- 
dred dollars, to meet a deficiency for the support of the 
state normal schools, for the quarter ending December 
thirty-first, in the year one thousand eight hundred and 
sixty, and that the governor draw his warrant accordingly. 

Approved March 12, 1861. 

Chap. 19. Resolve on the petition of a. o. brewster, assistant district- 
attorney FOR THE COUNTY OF SUFFOLK. 

Allowance for ex- Resolved, For rcasous set forth in the petition of A. 0. 
Brewster, that there be allowed and paid him out of the 
treasury of the Commonwealth, the sum of twelve hundred 
dollars, for extra services as assistant district-attorney for 
the county of Suffolk. Approved March 13, 1861. 

Resolves in relation to a ship canal to connect barnstable 

BAY AND buzzard's BAY. 

Time for compie- Resolved, That the time for completing the exploration, 
surveys, plans and estimates, of the ship canal to connect 
Barnstable Bay with Buzzard's Bay, as provided by the 



Chap. 20. 



1861.— Chapters 21, 22. 541 

eighty-fourth chapter of the Resolves of the year eighteen 
hundred and sixty, be and hereby is extended to the end of 
the present year, and that there be appointed a committee committee au- 
of two on the part of the senate, and five on the part of the °"^'^ ' 
house, to sit in the recess for that purpose, with all the 
power and authority set forth therein ; and that said com- 
mittee are instructed to make their report to the next legis- 
lature. 

Resolved, That the committee be and hereby are author- May employ en- 
ized to employ George R. Baldwin, or in case he is incapac- ^"^^^"^ 
itated, any other competent engineer, to superintend said 
surveys, and that his services, when approved by said com- 
mittee, be paid on the warrant of the governor, out of any 
money in the treasury not otherwise appropriated. 

Resolved, That the sum of six thousand dollars be, and Appropriation. 
hereby is appropriated, in addition, to defray expenses 
already incurred under said resolve, and in completing the 
work therein directed. Approved March 14, 1861. 

Resolve relating to the plates of the state map. Chap. 21. 

Resolved, That the secretary of the Commonwealth be Removal author- 
authorized to allow Henry F. Walling to take the plates of "'"^' 
the state map, and transport the same to the city of New 
York, for the purpose of publication by lithographic trans- 
fer ; permission being first duly obtained of his bondsmen, 
for said removal, so as not to impair tiie bonds for the safe- 
keeping and return of said plates, and provision being made 
to keep up the full amount of insurance as required by the 
existing contract ; said plates to be subject to an order of conditions. 
return to the custody of the secretary of the Commonwealth 
at his discretion. Approved March 15, 1861. 



Chap. 22. 



Resolve granting aid for the suppression of counterfeiting 
bank bills and coin. 

Resolved, That there be allowed and paid out of the treas- conditional ap- 
ury of the Commonwealth, to the association of banks for thorized""^ *'* 
the suppression of counterfeiting in this Commonwealth, a 
sum not exceeding one thousand five hundred dollars, for 
the purpose of the prevention and detection of the crime of 
making, or tendering in payment, as true, counterfeit bank 
bills, or counterfeit gold and silver coin : provided, that no 
sum 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 
purposes aforesaid. Approved March 21, 1861. 



542 



1861.— Chapters 23, 24, 25, 26, 27. 



Chap. 23. 



Appropriation 
authorized. 



Proviso. 



Chap. 24. 



C%. 25. 



Chap. 26. 



Appropriation 
increased. 



Proviso. 



Chap, 27. 



ReSOVLE in favor of the MASSACHUSETTS CHARITABLE EYE AND 
EAR INFIRMARY. 

Hesolved, That the sum of tweuty-five hundred dollars be 
allowed and paid 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 
tlie trustees, for the charitable purposes of said infirmary : 
provided, however, that the said trustees report to the legis- 
lature during the month of January next, a detailed account 
of the manner in which this appropriation has been expended. 

Approved March 21, 1861. 

Resolve for painting and repairing the arsenal at Cambridge, 
and the magazine, at " captain's island." 

Resolved, That the sum of eight hundred dollars be appro- 
priated to paint the Arsenal, at Cambridge, and to repair 
the Magazine at " Captain's Island," the same to be taken 
from the unexpended balance for military accounts, for the 
year eighteen hundred and sixty, and expended under the 
direction of the adjutant-general. Approved March 21, 1861. 



Resolve in favor of elisha brewer, jr. 
Resolved, For reasons set forth in the petition of Elisha 
Brewer, Jr., of Boston, that there be allowed and paid, out 
of the treasury of the Commonwealth, to said petitioner, the 
sum of one hundred and seventy-five dollars. 

Approved March 21, 1861. 

Resolve in favor of the Massachusetts school for idiotic and 
feeble-minded youth. 

Resolved, That the sum allowed to the treasurer of the 
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 to 
the sum of nine thousand dollars, which shall be used and 
applied according to the conditions of said forty-fourth 
chapter: provided, that the said institution shall gratuitously 
receive and educate twenty-five idiotic persons, to be de- 
signated by the governor, in addition to the number provided 
for in the said forty-fourth chapter ; and provided, further, 
that six of the trustees shall be appointed by the governor 
and council. Approved March 21, 1861. 

Resolve in favor of allen g. drody, jr. 
Resolved, For reasons set forth in the petition of Allen 
G. Drody, Jr., of Boston, that there be allowed and paid out 
of the treasury of the Commonwealth, to said petitioner, the 
sum of one hundred dollars. Approved March 21, 1861. 



1861.— Chapters 28, 29. 543 

Resolve to pay expenses incurred on the buildings of the QJiap. 28. 

MASSACHUSETTS SCHOOL FOR IDIOTIC AND FEEBLE-MINDED YOUTH. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, to the treasurer of the School 
for Idiotic and Feeble-Minded Youth, the sum of three thou- 
sand dollars, to be applied on the debt already incurred for 
building purposes, under the direction of the trustees. 

Approved March 22, 1861. 

Resolve on the petition op thomas f. cordis and others. Chap. 29. 

Resolved, For the reasons set forth in said petition, that Trustee may seii 
John J. Clarke of Roxbury, in the county of Norfolk, the ^'°^'''^- 
surviving trustee under the will of Thomas Cordis, late of 
Longmeadow, in the covmty of Hampden, deceased, be and 
he hereby is authorized and empowered to sell, at public or 
private sale, and on such terms and conditions as he shall 
think proper, and to execute all necessary deeds and instru- 
ments to convey, in fee simple, or any less estate, to the pur- 
chaser or purchasers thereof, free and discharged from all 
trusts and claims, arising under or by virtue of the will 
aforesaid, and from all liability for the application of the 
purchase money, the real estate on Myrtle Street, in the city 
of Boston, numbered twenty-seven, with the buildings there- 
on, and the privileges and appurtenances thereto belonging, 
and the same described in a deed of conveyance, from 
John H. Trowbridge to said Thomas Cordis, dated the first 
day of January, in the year of our Lord eighteen hundred 
and forty-nine, and recorded with Suffolk Deeds in liber 
five hundred ninety-seven, folio six, and all the right, title, 
interest, estate, claim and demand, of which said Thomas 
Cordis died seized and possessed therein ; and to invest and p^ceed^a^"' "'^ 
hold the net proceeds of such sale, during the lives of the 
four sons of the said testator, in the same manner as is pro- 
vided in said will, and for the use and benefit of the same 
persons, as the said property itself, if it had not been sold, 
would have been holden under the provisions of said will ; 
and to pay over the income received on said proceeds, to the income, 
persons who would have been entitled to the income, and 
rents and profits of such real estate, had there been no sale 
or proceedings as are hereby authorized : provided, that the Proviso. 
said Clarke shall first give satisfactory bond to the judge of 
probate, or judge of probate and insolvency for said county 
of Hampden, for the faithful execution of the power hereby 
conferred on him. Approved March 25, 1861. 

26 



544 1861.— Chapters 30, 31, 32, 33, 34. 

Chap. 30. Resolve in favor of michael f. ney. 

Resolved, That for reasons set forth in the petition of 
Michael F. Ney, there be allowed and paid out of the 
treasury of the Commonwealth, to said petitioner, the sum 
of eighty dollars. Approved March 26, 1861. 

Chop. 31. Resolve in favor of company b, third battalion of infantry. 

Allowance for Resolved, That for the reasons set fortli in the petition of 

mileage. g ^y p^.^^^^ commauder of Company B, Third Battalion 

of Infantry of the Massachusetts Volunteer Militia, there be 
allowed and paid from the treasury of the Commonwealth, 
to said company, the sum of one hundred and sixty-eight 
dollars and ninety-six cents, for mileage to the military 
review given in honor of the Prince of Wales, at Boston, in 
October last. Approved March 27, 1861. 

Chap. 32. Resolve in favor of john o. willey. 

Expenses under Reso/ved, That thcrc he allowed and paid from the treas- 

munerat'eX "^^ nry of the Commou Wealth , the sum of one hundred and 

fifty dollars, to John C. Willey, as remuneration for expenses 

incurred by him, in defence of a suit under the liquor law 

of eighteen hundred and fifty-five. Approved March 27, 1861. 

Chan. 33. Resolves in aid of the state library. 

Secretary Com- Resn/iwd, That the sccrctary of the Commonwealth be 

nirnilh' statutes, authorlzcd to furnish the state library, for domestic and 
international exchanges, upon the request of the librarian 
and trustees of said library, copies of the General Statutes 
of eighteen hundred and sixty ; also of the annual statutes, 
law reports, pul»lic documents, scientific reports, and what- 
ever works shall hereafter be published by the authority of 
the legislature. 

Alcoves, protec- Reso/ved, That the librarian and trustees of the state 
library be authorized to provide further protection to the 
alcoves and books in said library, and that a sum not 
exceeding seven hundred dollars be appropriated for this 
purpose. 

jiericai assist- Resolved, That the librarian be authorized to employ 

ance. ' i i 

additional clerical assistance, to perform such labor as he 
may require, and that a sum not exceeding four hundred 
dollars per annum, be appropriated, and the same is hereby 
appropriated to defray the expense thereof. 

Approved March 27, 1861. 

Chap. 34. Resolve in favor of company b, ninth regiment of infantry. 
Allowance for Resolved, That for reasons set forth in the petition of 
tendance." ^* Johu W. Kimball, commander of Company B, Ninth Regi- 



1861.— Chapters 35, 36, 37, 38, 39. 545 

ment of Infantry, of the Massachusetts Volunteer Militia, 
there be allowed and paid from the treasury of the Com- 
monwealth, to said company, the sum of three hundred and 
ninety dollars, for mileage and attendance at the military 
review given in honor of the Prince of Wales, at Boston, in 
October last. Approved March 27, 1861. 



Chap. 35. 



1859, '60 



Resolve making an appropriation to meet deficiencies in 
former appropriations for the support of the state reform 

SCHOOL. 

Resolved, That the sura of ten thousand dollars be, and For years of 
the same hereby is appropriated, from the current revenue 
of the Commonwealth, for the use of the trustees of the 
state reform school at Westborough, to pay deficiencies in 
the appropriations for the years eighteen hundred and fifty- 
nine and eighteen hundred and sixty. 

Approved March 27, 1861. 



Chap. 36. 



Resolve in aid of the new England female moral reform 

SOCIETY. 

Resolved, That there be allowed and paid out of the 
treasury of tiie Commonwealth, one thousand dollars, in 
aid of the New England Female Moral Reform Society, to 
be used by its officers in furtherance of the benevolent 
designs of that corporation. Approved March 27, 1861. 

Resolve in favor of increase n. emerton. Chap. 37. 

Resolved, For reasons set forth in the petition of Increase 
N. Emerton, that there be allowed and paid out of the 
treasury of the Commonwealth to said petitioner, the sum 
of fifty dollars. Approved March 27, 1861. 



Resolve in favor of solomon thayer. Chap. 38. 

Resolved, That there be allowed and paid out of the Expenses of suit 
treasury of the Commonwealth, the sum of twenty-nine remunerated, 
dollars, to Solomon Thayer of Southbridge, as remuneration 
for expense incurred in defence of a suit brought against 
him as an officer executing the law concerning the manu- 
facture and sale of intoxicating liquors. 

Approved March 28, 1861. 



Chap. 39. 



Resolve directing the secretary of thk commonwealth to 
distribute certain special acts. 

Resolved, That the secretary of the Commonwealth be Acts passed sub- 
directed to furnish one copy each of the special acts of the d^s't"rtbution^prl' 
legislature, passed subsequently to the year eighteen hun- scribed. 



546 1861.— Chapters 40, 41. 

dred and forty-eight, to the members of the senate and 
house of representatives ; the masters in chancery ; the 
commissioners of insolvency ; the judges, clerks, and regis- 
ters of the judicial courts ; the trial justices ; the district- 
attorneys ; the county commissioners; the sheriffs and keepers 
of jails ; the registers of deeds ; the keepers of the houses 
of correction ; the warden of the state prison ; the county 
treasurers ; Harvard University, for the use of the law 
library ; Harvard University ; Williams College ; Amherst 
College ; Tufts College ; Wilbraham Academy ; Historic 
Genealogical Society ; Trustees of the Museum of Com- 
parative Zoology ; American Academy of Arts and Sciences ; 
Massachusetts Historical Society; Boston Athengeum; Amer- 
ican Antiquarian Society in Worcester ; Pilgrim Society in 
Plymouth ; Old Colony Historical Society in Taunton ; the 
law library societies in each county ;. the judges of the 
supreme court of the United States ; the judge of the district 
court of the United States for the district of Massachusetts ; 
the clerks of the courts of the United States for the district 
of Massachusetts ; and four copies, each, to the secretary of 
State of the United States ; three copies, each, to the secre- 
tary of each State of the Union, for the use of the state ; 
and three copies to the library of congress. 

Approved March 28, 1861. 



Chap. 40. Kesolvk in favor of f. g. towle and s. s. seavy. 

Appropriation Rcsolved, That for reasons set forth in the petition of F. 

G. Towle and S. S. Seavy, there be allowed and paid out of 
the treasury of the Commonwealth, to said petitioners, the 
sum of twenty dollars and fifty cents, as compensation for 
the use of a carriage at the military review at Concord, in 
September, in the year eighteen hundred and fifty-nine. 

Approved March 28, 1861. 

Chap. 41. Resolve providing for indemnification for cattle killed by 

ORDER OF COMMISSIONERS. 

SjTifyfStTto*" Resolved, That the commissioners appointed under the 
governor. act approvcd April fourth, in the year eighteen hundred 

and sixty, and entitled " An Act to provide for the extirpa- 
tion of the disease called pleuro-pneumonia among cattle," be 
and they hereby are required to certify to the governor and 
council, the names of all persons whose cattle were killed 
by their authority, for the reason that they appeared to be 
affected with the disease called pleuro-pneumonia, and not 
paid for, together with the number, description, and fair 
value of such cattle at the time they were killed. Upon 



1861.— Chapters 42, 43, 44, 45, 46. 547 

the receipt of such certificate, the governor, with the advice warrants discre- 
and consent of the council, may draw his warrants in favor "'"'^'"^' 
of such persons, and for such sums as shall appear to them 
to be justly due. The money so appropriated shall be taken 
from the appropriation for carrying into effect the provis- 
ions of the laws concerning contagious diseases among cattle. 

Approved March 28, 1861. 

Resolve in favor of the guardian of the punkapog tribe of QJiqv) 49 
indians, for the benefit of sally, burr, of cambridgeport. ^ 

Resolved^ That for reasons set forth in the petition of Appropriation 
Sally Burr, of Cambridgeport, a member of the Punkapog ' 
tribe of Indians, there be allowed and paid out of the treas- 
ury of the Commonwealth, to the guardian of said tribe, the 
sum of fifty-two dollars, for the benefit of said Sally Burr. 

Approved March 28, 1861. 

Resolve in favor of the guardian of the punkapog tribe of Qfidfj 43 

INDIANS, FOR THE BENEFIT OF POLLY CROWD. ' 

Resolved^ That for reasons set forth in the petition of Aaaitionai ap- 
Polly Crowd, a member of the Punkapog tribe of Indians, thorized.°° *"' 
there be allowed and paid out of the treasury of the Com- 
monwealth, to the guardian of said tribe, in addition to 
what she 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 Polly Crowd. 

Approved March 28, 1861. 

Resolve in favor of dennis s. hogan. Chap. 44. 

Resolved, For reasons set forth in the petition of Dennis 
S. Hogan, that there be allowed and paid out of the treas- 
ury of the Commonwealth, to said petitioner, the sum of 
two hundred dollars. Approved March 28, 1861. 

Resolve in favor of the guardian of the punkapog tribe of QJidff 45 

INDIANS, FOR THE BENEFIT OF CHARLOTTE E. MYERS. ^* 

Resolved, That for reasons set forth in the petition of Approi)riation 
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 28, 1861. 

Resolve in relation to the state prison. Chap. 46. 

Resolved, That there be allowed and paid out of the Appropriation 
treasury of the Commonwealth, the sum of four thousand autiiorizea. ""^^^ 



548 1861.— Chapters 47, 48, 49, 50, 51. 

three hundred and seventy-six dollars and thirty-two cents, 
for expenses incurred on account of the erection of a new- 
stone shed, and the further sum of five thousand dollars for 
the extension of the wharf belonging to said prison ; said 
sums to be expended under the direction of the warden and 
Proviso. inspectors : provided, that no charge shall be made by said 

warden and inspectors for services therefor. 

Approved March 28, 1861. 

Chap. 47. EeSOLVE in favor of EDWARD B. MOORE. 

Remuneration Resolved, For rcasous set forth in the petition of Edward 

coroner™''' ''' B. Moorc, of Bostou, that thcrc be allowed and paid out of 

the treasury of the Commonwealth, to said petitioner, the sum 

of twenty dollars, as remuneration for expenses incurred by 

him as a coroner in the county of Suffolk. 

Approved March 28, 1861. 

Chap, 48. Resolve in favor of the overseers of the poor of the town 

of WESTPORT, for the benefit of AMELIA P. LOUIS. 

GaTnead In- ResoIved, That for reasons set forth in the petition of 
dian. Jirch Browucll and other citizens of Westport, there be 

allowed and paid from the treasury of the Commonwealth, 
the sum of one hundred dollars, to the overseers of the poor 
of the town of Westport, for the benefit of Amelia P. Louis, 
a member of the Gay Head tribe of Indians. 

Approved March 28, 1861. 

Chap. 49. Resolve in favor of the guardian of the punkapog tribe of 

INDIANS, for the BENEFIT OF SALLY BURR, OF BOSTON, AND HER 
SON JAMES BURR. 

Allowance grant- Resolved, That for reasons set forth in the petition of 
Sally Burr, of Boston, there be allowed and paid out of the 
treasury of the Commonwealth, to the guardian of the Pun- 
kapog tribe of Indians, the sum of fifty-two dollars, for the 
benefit of Sally Burr and her son James Burr, members of 
said tribe of Indians. Approved March 28, 1861. 

Chap. 50.. Resolve in aid of the Worcester children's friend society. 

Allowance grant- Resolved, That thcrc be allowed and paid out of the 

*•*• treasury of the Commonwealth, one thousand dollars, in 

aid of the Worcester Children's Friend Society, to be used 

by its officers in furtherance of the benevolent designs of 

that corporation. Approved March 28, 1861. 

Chap. 51. Resolve in aid of the perkins' institution and Massachusetts 
-* ' asylum for the blind. 

Additional allow- Resolvcd, That thcrc be allowed and paid out of the 

treasury of the Commonwealth, to the Perkins' Institution 



1861.— Chapters 52, 53, 54, 55, 56. 549 

and Massachusetts Asylum for the Blind, in addition to the 
sum heretofore appropriated for current expenses, three 
thousand dollars : provided, that the trustees of said institu- Proviso 
tion shall receive and gratuitously educate, all such persons 
as the governor of the Commonwealth may designate. 

Approved April 1, 1861. 

Resolve in favor op the state almshouse at monson. Chan 52. 

Resolved, That there be allowed and paid out of the Appropriation 
treasury of the Commonwealth, to be used by the inspectors a^"'^'50"zed. 
of tlie state almshouse at Monson, the sum of thirty-two 
hundred dollars, for the following purposes, to wit : For 
building hospital, two thousand dollars ; for steam-boiler, 
twelve hundred dollars. Approved April 1, 1861. 

Resolve in favor of david f. parmenter and others. Chaf). 53. 

Resolved, That there be allowed and paid out of the Mnuary bounty, 
treasury of the Commonwealth, to the following staff oflfi- ]l^^' allowance 
cers of the Tliird Battalion of Rifles, for military bounty due 
them for services performed during the year eighteen hun- 
dred and fifty-nine, to David F. Parmenter, the sum of 
fifteen dollars, to Samuel Flagg, the sum of fifteen dollars, 
to Charles Coleman, the sum of nine dollars, to John C. 
Newton, the sum of nine dollars. Approved April 1, 1861. 

Resolve in favor op barnard c. marchant. Chat). 54 

Resolved, That there be allowed and paid out of the Allowance for 
treasury of the Commonwealth, to Barnard C. Marchant, i^S"^"''^'^'' 
guardian of the Christiantown and Chappequiddic Indians, 
the sum of seventy-nine dollars and seventeen cents, for the 
board and burial expenses of William Johnson, a member 
of the Chappequiddic tribe, who died July eighth, eighteen 
hundred and sixty. Approved April 1, 1861. 

Resolve in favor of William a. walker. Chat) 55. 

Resolved, That for reasons set forth in the petition of Allowance grant- 
William A. Walker, major of the Tenth Regiment of the *"^- 
Massachusetts Volunteer Militia, there be allowed and paid 
out of the treasury of the Commonwealth, to the said 
William A. Walker, the sum of fifteen dollars. 

Approved April 1, 1861. 



Resolve in relation to the rolls of the war op eighteen ^t rn 
hundred and twelve. L^fiap. 00. 

Resolved, That the secretary of the Commonwealth be secretary to re- 
authorized and directed to take such measures as may be «overrous. 



550 



1861.— Chapters 57, 58, 59, 60, 61. 



Chap. 57. 

Allowance for 
medical attend- 
ance upon In- 
dians. 



Chap. bS. 

Final appropria- 
tion for General 
Statutes. 



Chap, 



Secretary to fur- 
nish reports. 



Chap. 60. 

Appropriation 
for benefit au- 
thorized. 



Chap. 61. 



Appropriation for 

Indian 

ized. 



necessary to recover the Massachusetts rolls, of the war of 
the year eighteen hundred and twelve, now in the city of 

Washington. Approved April 1, 1861. 

Kesolve in favor of w. h. luce. 

Resolved, That there be allowed and paid from the 
treasury of the Commonwealth, the sum of one hundred 
dollars, to W. H. Luce, of Tisbury, as full compensation for 
his services, as physician to the Gay Head and Christian- 
town Indians, to February eighth, in the year eighteen 
hundred and sixty. Approved April 1, 1861. 

Resolve in favor of william white, state printer. 

Piesolved, That there be allowed and paid out of the 
treasury of the Commonwealth, to William White, state 
printer, the sum of one thousand one hundred and fourteen 
dollars and forty-six cents ; said sum to be taken from the 
appropriation for printing and binding the General Statutes, 
and to be in full for all claim on the part of said White 
for printing the General Statutes, agreeably to the resolve 
approved December twenty-eight, eighteen hundred and 
fifty-nine. Approved April 1, 1861. 

KQ Resolve to provide the office of the attorney-general with 
the reports of the commonwealth. 

Resolved, That the secretary of the Commonwealth be 
directed to furnish the office of the attorney-general, at the 
state house, with a series of the statutes and judicial reports 
of the Commonwealth, and that there be appropriated there- 
for, from the treasury of the Commonwealth, the sum of 
two hundred and fifty dollars. Approved April 1, 1861. 

Resolve in favor of jemima easton. 

Resolved, That for reasons set forth in the petition of 
Jemima Easton, an Indian residing in the town of Tisbury, 
there be allowed and paid out of the treasury of the Com- 
monwealth, to the overseers of the poor of said town of 
Tisbury, the sum of one hundred dollars, for the benefit of 
said Jemima Easton. Approved April 1, 1861. 

Resolve in favor of francis n. luce. . 
Resolved, That there be allowed and paid from the treas- 



author- ^ijy Qf i]^Q Commonwealth, to Francis N. Luce, the sum of 
one hundred and four dollars, for the support of Prince 
Johnson, an Indian pauper, from the fifteenth day of Feb- 
ruary, eighteen hundred and fifty-nine, to the fifteenth day 
of February, eighteen hundred and sixty. 

Approved April 1, 1861. 



1861.— Chapters 62, 63. 551 

Resolves in favor of zurviah g. mitchell. Chap. 62. 

Resolved, That the governor and council be and they are Governor and 
hereby authorized to examine the claims of Zurviah G. dalms. "^"""^ 
Mitchell, and to ascertain what amount, if any, is still due to 
her for wood cut from her lots on the Indian territory, at 
Fall River, and sold by the successive guardians of the 
Indians at that place, for their benefit ; and also to agree 
with the said Zurviah G. Mitchell, on a sum, for which on 
the payment thereof to her, she will relinquish to the Com- 
monwealth all her right, title and interest in and to said 
lots. 

Resolved, That in case a satisfactory arrangement cannot in case of faiime 
otherwise be made with the said Zurviah G. Mitchell, of the to bf appointed^ 
sum to be paid to her for the relinquishment of her claims, 
the governor and council may agree with her on referees, to 
whom the question shall be left, and whose decision thereon 
shall be final and conclusive ; subject, however, to the 
approval of the governor and council. 

Resolved, That on the satisfactory adjustment of these conditions of 

, , , 1 • 1 , T 1 • i award, upon ad- 

matters, the governor be authorized to draw his warrant on justment. 
the treasury for such amount as may be awarded to said 
Zurviah G. Mitchell, to be paid to her on the signing of such 
release as shall be satisfactory to the governor and council ; 
said release to be a full and perfect discharge of the Com- 
monwealth, and of the guardian of the Troy or Fall River 
Indians, from any claim she may have on the Indian land at 
Fall River, or for wood which may have been cut thereon. 

Resolved, That in case a satisfactory arrangement cannot Failure to adjust 
be made with the said Zurviah G. Mitchell, for the reliii- guardians to sur- 
quishment of her rights in the Indian plantation, the guardian ^^y- 
of the Troy or Fall River tribe be authorized to proceed to 
survey and lay out her lots, by metes and bounds, according 
to the original laying out, giving her due notice of the time 
when it is done : provided, hoivever, that the legislature Proviso. 
shall not have previously provided otherwise, for a new 
survey and location of the several lots on said plantation. 

Approved April 2, 1861. 

Resolve in favor of edwin matberry. Chap. 63. 

Resolved, That there be allowed and paid out of the Medical attend 
treasury of the Commonwealth, to Edwin Mayberry, as full jl^'^n pauper^ ai- 
compensation for medical attendance upon, and medicines lowancefor. 
furnished to William Johnson, an Indian and state pauper, 
the sum of fifty dollars and twenty-five cents ; and the same 
is hereby appropriated for that purpose. 

Approved April 2, 1861. 
27 



552 1861.— Chapters 64, 65, 66, 67, 68. 

Chap. 64. Resolve in favok of henry a, longley. 

Eemuneration Resolved, That for leasons set forth in the petition of 

sheHff"au7hor- Henry A. Longley, there be aUowed and paid out of the 
i^^ed. treasury of the Commonwealth, the sum of sixty dollars, as 

remuneration for expenses incurred while in the discharge of 
his duty as sheriff of the county of Hampshire. 

Approved April 2, 1861. 

Chap. 65. KeSOLVE in favor of GRANVILLE G. MOORE AND ARTHUR HARRIS. 

Military bounty, Reso/ved, That there be allowed and paid out of the treas- 
,a owe . ^^j.yyf ^ijg Commonwealth, to Granville C. Moore and Arthur 
Harris, members of Company A, of Halifax, of the Massa- 
chusetts Volunteer Militia, each, the sum of seven dollars 
and fifty cents, for military bounty for the year one thousand 
eight hundred and fifty-eight. Approved April 2, 1861. 

Chap. 66. Resolve in relation to the statue of horace mann. 

Preparation of Resolved, That a sum not exceeding fifteen hundred dol- 
fItTi"%p"roprla- l^rs, bc appropriated and expended under the direction of 
tioQ authorized, ^jjg commissioncrs on the state house, in preparing the 

grounds, and furnishing a suitable pedestal for the reception 

of the statue of the late Horace Mann. 

Approved April 2, 1861. 



Chap. 67. 



Resolv^e relating to the equipment of troops for active 

service. 

Appropriation of Resolved, That the adjutant and acting quartermaster- 
ing knd Iccoutre- general be, and he is hereby authorized, under the direction 
'^^"'*- of the governor and council, to provide, eitlier by contract or 

otherwise, a sufficient number of overcoats, blankets, knap- 
sacks, haversacks and other articles of equipment, camp 
utensils, and trenching tools, as may be required to equip 
two thousand troops for active service ; and a sum not exceed- 
ing twenty-five thousand dollars is hereby appropriated for 
that purpose. Approved April 3, 1861. 



Chap. 68. 



Resolve making an appropriation for the purchase of a safe 
for the office of the treasurer and receiver-general. 

Resolved, That the treasurer and receiver-general be and 
he is hereby authorized to procure an additional safe for use 
in his office, and to cause tlie lock on the safe now in use in 
said office to be exchanged for another, affiirding greater 
security ; and a sum not exceeding five hundred dollars is 
hereby appropriated to meet the expense thereof. 

Approved April 6, 1861. 



1861.— Chapters 69, 70, 71. 553 

Resolve in favor of the state lunatic hospital at north- QJi^p Q^ 

AMPTON. "' 

Resolved, For reasons set forth in the petition of the trus- Appropriation 

1 .1 -1 XT 1 i J 1 i ii authorizea. 

tees of the state lunatic hospital at Northampton, that there 
be allowed and paid to them, out of the treasury of the 
Commonwealth, the sum of six thousand seven hundred and 
fifty dollars, for the purchase of the following named articles, 
to wit : 

For a new steam-boiler, one thousand dollars ; specifications. 

For the purchase of land, four thousand dollars ; 

For a coal-house, eight hundred dollars ; 

For a bowling alley, eight hundred dollars : 

For a safe, one hundred and fifty dollars. 

Approved April 6, 1861. 

Resolve on the petition of henry king burgwyn and his wife Chap. 70. 

ANNA G. BURGWYN. " 

Resolved, For reasons set forth in said petition, that the Trustees author- 

- . , . 1 1 • 1 !• • '^'"^ 'o invest 

trustees for the time being, under the indenture of marriage moneys, 
settlement of Henry King Burgwyn and Anna G. Burgwyn, 
which was made and entered into on November twenty-sixth, 
of the year of our Lord one thousand eight hundred and 
thirty-eight, are empowered to invest any and all moneys, 
which shall be received by or upon any sale or sales of land, 
by them held under said marriage settlement, or for equality 
of exchange, in real estate out of the Commonwealth of Mas- 
sachusetts, to an amount not exceeding twenty thousand 
dollars, and the balance in government stocks of the United 
States, and of this Commonwealth, and in mortgages of real 
estate in this Commonwealth, and in the scrip of any of tlie 
cities and towns of this Commonwealth ; such investments conditions. 
in real estate to be subject, as now, to the approval of the 
said petitioners, and to the other provisions of said marriage 
settlement. Approved April 6, 1861. 

Resolve ON the petition OF JOHN TRACY AND others. Chap.ll. 

Resolved, For the reasons set forth in their petition, that conveyance of 
John Tracy, William H. Osborn and Justin Swift, trustees, f^^l'^ '^"'^°^- 
be and they hereby are authorized and empowered to convey 
the real estate in their said petition described, either at 
public or private sale, in fee simple, free and discharged from 
all trusts, and without any liability resting upon the pur- 
chaser, as to the application of the proceeds ; such convey- 
ance to vest in the purchaser a title as good and valid in 
law, as the Wells Manufacturing Company had at and 
previous to the making their conveyance to said Tracy and 



554 



1861.— Chapters 72, 73, 74, 75. 



Osboni, in trust, and all of the title of said trustees: pro- 
vided, that said trustees shall first give to the judge of the 
probate court for the county of "Windham, in the state of Con- 
necticut, their bond conditioned to apply or distribute said 
proceeds among the creditors of said company or otherwise, 
according to the terms of said trust deed, the orders or 
decrees of said court, and the laws of said state, in that 
behalf provided. Approved April 6, 1861. 



Chap, 72. 



Secretary to col- 
lect and repair. 



Resolve in relation to instruments used in the survey of 

the state. 

Resolved, That the secretary of the Commonwealth be, 
and he is hereby authorized to cause to be collected and 
repaired, the instruments used in the survey of the state, and 
to deposit the same in his office ; and that a sum not exceed- 
ing three hundred dollars be, and the same is hereby appro- 
priated to be expended by the secretary for the purpose 
herein before mentioned. Approved April 6, 1861. 



Chap. 



•VQ Resolve concerning the purchase of an additional building 

AND LANDS FOR THE STATE INDUSTRIAL SCHOOL FOR GIRLS. 



Appropriation 
authorized. 



Chap 



Resolved, That there be allowed and paid out of the treas- 
ury of the Commonwealth, to the trustees of the state 
industrial school for girls, the sum of twenty-five hundred 
dollars, for the purchase of the Stewart house, and twenty- 
five acres of land adjacent to the lands of said institution, to 
accommodate twenty girls and their matrons. 

Approved April 6, 1861. 



^ 74. Resolve in favor of the chappequiddic and christiantown 

INDIANS. 



Appropriation for 
schools author- 
ized. 



Chap. 75. 



Resolved, That there be allowed and paid out of the school 
fund of this Commonwealth, to the guardian of the Chappe- 
quiddic and Christiantown Indians, the sum of one hun- 
dred and four dollars, to aid in the support of the schools, 
among the said Indians, for the year eighteen hundred and 
sixty-one. • Approved April 6, 1861. 

Resolve transferring and appropriating moneys in the quar- 
termaster-general's DEPARTMENT. 

Resolved, That the sum of six hundred and ninety-five 
dollars and eighty cents be appropriated from the unex- 
pended balance of the appropriation of eighteen hundred 
and sixty, for military bounty, now in the treasury, to defray 
the expenses incurred in firing salutes on the eighth day of 
January last. Approved April 6, 1861. 



1861.— Chapters 76, 77, 78, 79, 80. 555 

Resolves relative to badges for officers of the general Qj^^^y^ n^g 

COURT, AND other PURPOSES. ^ ' 

Resolved, That there be allowed and paid out of the treas- Purchase and 
ury of the Commoiiwealtli, to the sergeant-at-arms, the sum badges^ 
of sixty-three dollars, paid by him for twenty-one silver 
badges, used by the oflficers of the general court ; and that 
said badges remain in the custody of the sergeant-at-arms, 
whenever the legislature shall be prorogued, for the use of 
officers at future sessions. 

Resolved, That there be allowed and paid out of the Pay of extra 

„ ' _, . , . ^ messenger. 

treasury ot the Commonwealth, to Levi h. Brown, an extra 
messenger, employed during fifty-three days of the present 
session, the sum of one hundred and six dollars. 

Approved April 6, 1861. 

Resolves in relation to certain memorials of the ancestors Q/idp^ 77. 

OF WASHINGTON. "' 

Resolved, That the thanks of the general court be and Thanks to donor. 
hereby are presented to Hon. Charles Sumner, for his inter- 
esting and patriotic gift to the Commonwealth, of two memo- 
rial tablets in imitation of the originals which mark the 
resting-place of the ancestors of George Washington. 

Resolved, That the commissioners on the state house Disposition of 
cause the same to be prepared and placed, with appropriate ™''™°"'^^- 
inscriptions, in some convenient place in the Doric Hall of 
the state house, near the statue of Washington. 

Approved April 6, 1861. 

Resolve in favor of arad denison. Chap. 78. 

Resolved, That for reasons set forth in the petition of ^pp™P;™*'°" 
Arad Denison, there be allowed and paid out of the treasury 
of the Commonwealth, the sum of fifty dollars to said 
Denison. Approved April 9, 1861. 

Resolve in aid of the museum of comparative zoology. Chap. 79. 

Resolved, That there be allowed and paid out of the Appropriation of 
treasury of the Commonwealth to the trustees of the ^^o.ooo. 
Museum of Comparative Zoology, the sum of twenty thou- 
sand dollars, to be applied to the support of the museum, 
and to the care and preservation of the collections belonging 
thereto ; and the said sum is hereby appropriated for that 
purpose. Approved April 9, 1861. 



Chap. 80. 



Resolves for further distribution of a report on insects 
injurious to vegetation. 

Resolved, That the balance of the edition of a Report on Distribution pro- 
Insects Injurious to Vegetation, reprinted in accordance with 



556 



1861.— Chapters 81, 82. 



Secretary board 
of agriculture 
may reprint. 



Chap. 81. 



chapter ninety-three of the resolves of the year eighteen 
hundred and fifty-nine, be distributed as follows : 

One copy to each incorporated educational institution in 
this Commonwealth whose officers shall apply for the same 
within three months of the time of publication of said 
Report ; one hundred copies to Professor Louis Agassiz ; 
twenty-five copies to the legal representatives of the late Dr. 
T. W. Harris ; twenty-five copies to the state library, for 
the purpose of promoting exchanges for the same ; one copy 
to each member of the present legislature, and to each 
officer and reporter of the same, and the balance to the 
agricultural and horticultural societies, at the discretion of 
the secretary of the state board of agriculture, to be by 
them awarded in premiums or gratuities. 

Resolved, That if, after the publication of the present 
edition, the public interest shall appear to make it expedient, 
the secretary of the state board of agriculture be author- 
ized to use the plates of illustrations of said Report in the 
printing of one or more editions of the same, for the benefit 
of the heirs of the late Dr. Harris, but without any further 
expense to the Commonwealth. Approved April 9, 1861. 

Resolve granting taxes for the several counties. 

Resolved, That the sums placed against the several coun- 
ties 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 — Twelve thousand five hundred dollars ; 

Berkshire — Twenty-six thousand dollars ; 

Bristol — Seventy-five thousand dollars ; 

Dukes — Three thousand five hundred dollars ; 

Essex — One hundred and twenty thousand dollars ; 

Franklin — Twenty thousand dollars ; 

Hampden — Thirty-nine thousand two hundred dollars ; 

Hampshire — Twenty-two thousand dollars ; 

Middlesex — One hundred and thirty-five thousand six 
hundi'ed dollars ; 

Norfolk — Ninety-four thousand dollars ; 

Plymouth — Thirty-five thousand dollars ; 

Worcester — One hundred and eight thousand dollars. 

Approved April 9, 1861. 



Chap. 82. RESOLVE IN favor OF 



the hampden county agricultural 
society. 



May receive 
bounty. 



Resolved, That for reasons set forth in the petition of the 
Hampden County Agricultural Society, said society i§ hereby 



1861.— Chapters 83, 84, 85, 86. 551 

authorized to receive the annual bounty of the Common- 
wealth, of six hundred dollars, for the year eighteen hundred 
and sixty-one, and that said sum be paid to said society out 
of the treasury of the Commonwealth. 

Approved April 9, 1861. 

Resolve concerning indian titles to land in Plymouth Chap. 83. 

COUNTY. 

Resolved^ That the commissioners appointed by the resolve ^°™™'f^jj°"g 
of the legislature of this Commonwealth, on the twenty-first compromise. 
of May, in the year eighteen liundred and fifty-seven, upon 
the petition of Thomas J. Fletclier and others, be and are 
hereby authorized to compromise the titles and claims of the 
petitioners to land in the county of Plymouth ; and the same 
commissioners are hereby authorized, in the event of tlie 
failure to settle such claims by a compromise, to direct the 
attorney-general, or the district-attorney, to file and prose- 
cute, in the superior court for the county of Plymouth, an 
information for the recovery of the land in controversy. 

Approved April 10, 1861. 

Resolve in favor of the Indians or gay head. Chap. 84. 

Resolved, That there be allowed and paid out of the Appropriation for 
income of the school fund of the Commonwealth, to Leavitt i^ed"."^ 
Thaxter, Esquire, of Edgartown, the sum of sixty dollars, to 
be applied to the support of schools among the Indians of 
Gay Head, during the year eighteen hundred and sixty-one. 

Approved April 10, 1861. 

Resolve in favor of the washingtonian home. Chap. 85. 

Resolved, That there be allowed and paid out of the Appropriation 
treasury of the Commonwealth, to the treasurer of the ''''' °"^® ' 
Washingtonian Home, to be expended by the directors for 
the charitable purposes of the institution, in providing a 
refuge for inebriates, and means of reforming them, the sum 
of five thousand dollars, in quarterly payments of twelve hun- 
dred and fifty dollars : provided, however , that the said direct- Proviso. 
ors report to the legislature in the month of January next, a 
detailed account of the manner in which this appropriation 
has been expended, the amount contributed by individuals, 
the total income and expenses of the institution, and the 
number of persons admitted, with the result of their treat- 
ment, so far as can be ascertained. Approved April 10, 1861. 



Resolve in favor of willard a. Harrington. Chap. 86. 

Resolved, That there be allowed and paid out of the ^'^p^''"''^^"^"/'" 
treasury of the Commonwealth, from the appropriations of ized. 



558 



1861.— Chapters 87, 88, 89. 



Chap. 87. 



the year eighteen hundred and sixty, for the payment of the 
salary of the land agent, to Willard A. Harrington, the sum 
of one hundred and seventy-five dollars, being the amount 
due him for salary as land agent from the twenty-eighth day 
of April, to the first day of July, in the year eighteen hun- 
dred and sixty. Approved April 10, 1861. 

Resolve concerning a modification of the plan of building 
UPON the back bay. 

Commissioners Resolvecl, That the commissioners on public lands are 
powers and du- hereby authorized and instructed to forthwith negotiate with 
ties defined. ^^i^ Bostou Water- Powcr Company, and with the riparian 
owners of territory lying west of the land of the Common- 
wealth and east of the cross dam adjoining the full basin, so 
called, for an improvement of the lands of the said section, 
and of the lands of the Commonwealth contiguous thereto, 
by the reservation of a water space therein. And for the 
purposes of this resolve, the said commissioners may alter 
or amend any indenture or contract, with the consent of all 
Proviso. the parties to the same : provided, however, that no such 

alteration and no indenture or contract executed under this 
resolve shall be binding upon this Commonwealth, until all 
the provisions thereof shall be reported to and ratified by 
the next legislature of this Commonwealth. 

Approved April 10, 1861. 



Chap. 88. 

Appropriation 
authorized. 



Chap. 89. 

Allowance for 
compensation au- 
thorized. 



Resolve in favor of the state cabinet. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, the sum of five hundred 
dollars, for the benefit of the state cabinet: a sufficient 
portion of which shall be used in placing reflectors upon the 
windows of the cabinet room, and the balance shall be used 
in replenishing the cabinet ; said sum to be expended under 
the direction of the secretary of the board of agriculture. 

Approved April 10, 1861. 

Resolve in favor of john milton earle. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, to John Milton Earle, the 
sum of seven hundred and seventy-five dollars and sixty-four 
cents, in full compensation for his services and expenses, as 
commissioner under the act passed April sixth, eighteen 
hundred and fifty-nine, relating to the Indians of the Com- 
monwealth. Approved April 10, 1861. 



1861.— Chapters 90, 91, 92, 93. 559 

Resolves relating to the boundary lines between the towns Chap. 90. 

OF HARWICH, CHATHAM AND ORLEANS. 

Resolved, That a joint committee, consisting of one Jo^^' ~t^l 
member of the senate and two members of the house, be 
appointed to investigate all matters in dispute relative to 
the boundary Hues between the towns of Harwich, Chatham, 
and Orleans, where said towns adjoin, and to recommend 
such adjustment thereof, as to them may seem just and 
equitable. 

Resolved, That for the purposes above named, the com- Powers of com- 
mittee shall be authorized to sit during the recess of the "* ^^' 
legislature, with full powers to examine the premises, and 
to send for persons and papers, if it shall be found necessary 
so to do ; and said committee shall make a full report there- 
on to the next legislature : provided, that all expenses Proviso, 
incurred by said committee, for personal service or other- 
wise, shall be paid, one-half by the Commonwealth, and the 
other half equally between the towns of Harwich, Chatham, 
and Orleans. Approved April 10, 1861. 



KeSOLVE IN FAVOR OP THE STATE REFORM SCHOOL FOR BOYS. Chap. 91. 

Resolved, That there be allowed and paid out of the treasu- piay-ground, ap- 
ry of the Commonwealth, to the trustees of the state reform Sorized. 
school for boys, the sum of one thousand dollars, for a fence 
to inclose a play-ground. Approved April 10, 1861. 

Resolve providing for an adjustment of certain land claims Chap. 92. 
IN south bay and mystic river. 

Resolved, That the commissioners on public lands be, and commissioners 

,1 , , . n , • • • i J. • J Oil public lands, 

they are hereby authorized to inquire into, ascertain, and powers and du- 
report to the next general court, the quantity and value of *"'®' 
any and all lands, marshes or flats, which are included 
within the commissioners' lines about South Bay, in the 
harbor of Boston, or included between the channel and the 
comnjissioners' line established on the south-westerly side of 
Mystic River, belonging to proprietors other than the Com- 
monwealth, and the extent to which the legal rights of said 
proprietors are, or may be affected, by the operation of the 
statute defining said commissioners' lines, and what com- 
pensation, if any, is due therefor. Approved April 10, 1861. 

Resolve for the compensation of commissioners to washing- Chap. 93. 

TON. 

Resolved, That there be allowed and paid out of the 
treasury of this Commonwealth, to the commissioners on 
the part of Massachusetts, appointed under a resolve passed 

28 



560 1861.— Chapters 94, 95, 96, 97, 98. 

February fifth, in the year eighteen hundred and sixty-one, 
to attend a convention of delegates, at Washington, the sum 
of thirty-five hundred dollars, as compensation in full for 
their services and personal expenses. 

Approved April 10, 1861. 

Chap. 94. Resolve in favor of john hill. 

Resolved, That for reasons set forth in the petition of 
John Hill, of Boston, there be allowed and paid out of the 
treasury of the Commonwealth, to said Hill, the sum of 
eighty dollars. Approved April 10, 1861. 

Chap. 95. Resolve in favor of the marshpee schools. 

Conditional ap- Resolved, That the sum of seventy-five dollars a year be 

thorize^d'for sup- allowcd and paid from the treasury of the Commonwealth, 

P"'''^' for the term of five years, commencing with the present 

year, to the treasurer of the district of Marshpee, for the 

support of the schools in that district ; the same being in 

addition to the sums now allowed for the support of said 

schools, and on the condition, that the inhabitants of that 

district sliall also appropriate and expend for the use of said 

schools, twenty-five dollars per annum in addition to the 

sum now annually paid by them for that purpose. 

Approved April 10, 1861. 

Chat). 96. Rksolve in favor of the state almshouse, at bridgewater. 
Appropriation for Rcsolued, That thcrc be allowed and paid out of the 
S'andforbdit trcasury of the Commonwealth, to the inspectors of the 
er, authorized, gj-g^j-g almshousc at Bridgcwatcr, for the purpose of erecting 
a building suitable for the accommodation of insane persons, 
and for the purchase of a steam-boiler, two thousand dollars. 

Approved April 10, 1861. 



Chap. 97. Resolve for the payment of extra messengers. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, for the services of extra 
messengers, the sum of one hundred and fourteen dollars, 
as follows : to Noah F. Gates, one hundred and four dollars; 
to William H. Wilson, ten dollars. Approved April 10, 1861. 

Chap. 98. Kesovle in favor of the establishment of an agricultural 
"' ' school or college. 

commis'sionersto Reso/ved, That the governor, by and with the advice and 
prepTr^pi'an'land couscnt of thc couucll, bc aud hc is hereby authorized to 
report. appoiut thrcc commissioners, whose duty it shall be to pre- 



1861.— Chapters 99, 100, 101, 102. 561 

pare a plan for the establishment of an agricultural school 
or college, and report the same to the next legislature. Said 
commissioners siiall receive no pay for their services, but 
their expenses, including the cost of the requii'ed plan, not 
to exceed two hundred dollars, shall be paid from the 
treasury of the Commonwealth. Approved April 11, 1861. 

Resolve concerning the warming and ventilating of the rep- Chcip. 99, 

RESENTATIVES' HALL. 

Resolved, That the commissioners on the state house be commissioners 

, , . , ; 1 . ^ ,. -, , „ on state iinuse 

authorized to procure plans, specincations and proposals lor to secure pro- 
the better warming and ventilation of the representatives' mT'^iame^^to" 
hall ; all plans, specifications and proposals received, shall legislature. 
be submitted by said commissioners to the next general 
court : provided, however, that the expense thereof shall P^oyiso. 
not exceed the sum of one hundred dollars. 

Approved April 11, 1861. 



Chaj). 100 



Resolve in favor of tristram mayhew, for the benefit of the 

gay head INDIANS. 

Resolved, That there be allowed and paid from the trea- Appropriation for 
sury of the Commonwealth to Tristram Mayhew, the sum of ized.° 
fifty dollars, for the purpose of supplying such books and 
stationery, as are necessary for the use of the scholars who 
attend the school of the Gay Head Indians. 

Approved April 11, 1861. 

Resolve in aid of the state industrial school for girls, and Chap. 101 
the several state almshouses. 

Resolved, That the trustees of the state industrial school p°prFrt"on.s use 
for girls, be authorized to use from the unexpended appro- °i" defined. ' 
priation for current expenses of the present year, the sum 
of fifteen hundred dollars for fitting up and furnishing the 
Stewart House. The inspectors of the three state alms- 
houses are also authorized to use from any unexpended 
appropriations made for the current expenses of these insti- 
tutions for the present year, the following sums for the 
following purposes : At the Bridgewater almshouse, one 
thousand dollars for laying new floors ; at the Monson alms- 
house, the sum of one thousand dollars, for laying new 
floors and painting buildings ; at the Tewksbury almshouse, 
six hundred dollars, for building a pest house. 

Approved April 11, 1861. 



562 1861.— Chapters 103, 104. 



Chap, 102 



Resolves concerning the recognition of the independence of 

THE republic OF HAYTI. 

resTntotiv"?*^ '^^of Rssolved, That our senators in congress be instructed, 
unUed states to and our represeiitativcs be requested, to exert their influence 
to secure the recognition of the independence of the Repub- 
lic of Hayti, by the government of the United States. 

Resolved, That his excellency the governor be requested 
to transmit a copy of these resolves to each of our senators 
and representatives in congress. Approved April 11, 1861. 



Chap. 103 



Resolve making an appropriation for the expense of running 
the line between massachusetts and rhode island. 

Resolved, That a sum not exceeding two thousand dol- 
lars be, and the same hereby is appropriated from the 
treasury of the Commonwealth, to defray the expenses of 
running the line between Massachusetts and Rhode Island, 
making the plans, and setting monuments along the bound- 
ary line, from Burnt Swamp Corner to the other terminus 
thereof in Tiverton, Rhode Island, so as to comply with the 
order of the supreme court of the United States, in the 

premises. Approved April 11, 1861. 

Chap. 104 Resolve CONCERNING the distribution of the report of john 

MILTON EARLE, COMMISSIONER. 

lisT't7 VSs- Resolved, That the secretary of the Commonwealth be 
nated. directed to furnish copies of the report of John Milton 

Earle, commissioner, appointed under the act of April sixth, 
in the year eighteen hundred and fifty-nine, concerning the 
Indians of the Commonwealth, to the following persons for 
distribution among the several tribes of Indians, as follows : 
Barnard C. Marchant, of Edgartown, guardian of the 
Chappequiddic and Christiantown Indians, ten copies ; 
Benjamin F. Winslow, of Fall River, guardian of the Troy 
Indians, five copies ; Asher Joslin, of Webster, guardian of 
the Dudley Indians, five copies ; Charles Endicott, of Can- 
ton, guardian of the Punkapog Indians, five copies ; Henry 
Chapin, of Worcester, guardian of the Hassanamisco Indians, 
ten copies ; Charles Marston, of Barnstable, treasurer of 
the Marsh pee District and Herring Pond Plantation, twenty- 
five copies ; Tristram Mayhew, of Chilmark, for the Gay 
Head Indians, ten copies; the town clerk of the town of 
Dartmouth, for the Dartmouth Indians, ten copies ; the town 
clerk of the town of Yarmouth, for the Yarmouth Indians, 
ten copies ; and one copy to the town clerk of each of the 
following towns : Edgartown, Westport, Canton, Barnstable, 



1861.— Chapter 105. 563 

Wareham, Douglas, Tisbury, Chilmark, Nantucket, Ply- 
mouth, Kandwich, Natick, Dedham, Abingtou, Cambridge, 
Bellingham, Randolph, Mendon, Stoughton, Pawtucket, 
Swanzey, Holden, Framingham, Grafton, Gardner, North- 
ampton, Dudley, Webster, Warren, Pembroke, Barre, 
Oxford, Needham, Holland, West Brookfield. 

Approved April 11, 1861. 



Chap. 105 



Resolve concerning the warming and ventilating of the 

SENATE CHAMHER AND COMMITTEE ROOMS IN THE STATE HOUSE. 

Resolved^ That the commisioners on the state house be commissioners 
authorized to procure plans, specifications and proposals for t° procure p°ans 
the better warming and ventilation of the senate chamber, f"? , submit to 

o 7 legislature. 

committee rooms and other parts of the state house. All 
plans, specifications and proposals received, shall be submit- 
ted by said commissioners to the next general court : jiro- Proviso. 
vided, however, that the expense thereof shall not exceed 
the sum of one hundred dollars. Approved April 11, 1861. 



1^" The General Court of 1861 during its annual session, passed 208 
Acts and 105 Resolves which received the approval of the Governor. In 
addition to these, four Acts entitled respectively "An Act granting leave to 
the First Congregational Society in Woburn to use Ministerial Fund," 
"An Act to incorporate the Benjamin Franklin Protective Life Insurance 
Company," "An Act concerning the Eastern Avenue Corporation," and 
"An Act concerning Exceptions in Capital Cases," were laid before the 
Governor for his approval and were returned by him, unapproved, together 
with a statement of his objections, to the branches in which they origi- 
nated. The first and third of said Acts, were laid upon the table by 
unanimous votes, and new bills framed to obviate the objections alleged by 
the Governor, were introduced, passed, and approved by him. The 
second and fourth of said unapproved Acts, being placed upon their final 
passage, in the manner provided by the Constitution, notwithstanding the 
objections of the Governor, and a majority of the Senate and two-thirds 
of the members of the House of Representatives failing to " agree to pass 
the same," were declared lost. 



ACTS OF 1861 CLASSIFIED. 

General Statutes, or Acts of a public character, . . . 108 
Special Acts, relating to individuals and corporations, . . 100 — 208 



INAUGURAL ADDRESS 



HIS EXCELLENCY JOHN A. ANDREW. 



At one o'clock on the fifth day of January, His Excellency 
the Governor, accompanied by His Honor the Lieutenant- 
Governor, the members of the Executive Council, and officers 
of the civil and military departments of the government, 
attended by a Joint Committee of the two Houses, and the 
Sheriff of Suffolk, met the Senate and House of Representa- 
tives, in Convention, and delivered the following 

ADDRESS. 

Gentlemen of the Senate and 

House of Representatives : 

The responsible positions to which we have been respec- 
tively called by the suffrages of the people of Massachusetts, 
demand of us a pause, on the threshold of the year, for a 
brief survey of the field of our labors and a summary review 
of the duties before us. 

Surrounded by all the evidences of plenty gathered from 
the workshop, the mart, the field and the fold ; representing 
a people prospered in all the undertakings of industry, and 
graciously defended during the year which has closed, 
against wasting disease or public calamity, we ought with 
grateful hearts to pay our vows of obedience to the Great 
Lawgiver of the Universe, and to adore His bountiful 
goodness. 

And whatever shadows may cloud for the time our 
National horizon, walking in the faith which becomes men, 
— rational, immortal and believing, who perceive in difficul- 
ties only obstacles to be overcome, — let us meet the duties 



566 GOYERNOR'S ADDRESS. 

and, if need be, the dangers of the future, with lofty and 
triumphant cheer. 

In a spirit and with the purpose of justice towards all 
other peoples and States, our immediate and official obliga- 
tions are mainly due to that ancient and beloved Common- 
wealth, in whose service we are assembled. 

I have obtained from the Treasury Department, and here- 
with present to the Legislature, the following Financial 
Statement of the Commonwealth of Massachusetts, up to 
December 24th, 1860 : 

Liabilities on account of Railroad Corporations. 
Western Railroad Corjjoration, . . . $3,999,555 56 



Eastern Railroad Corporation, 
Norwich Railroad Corporation, 
Southern Vermont Railroad Corporation, 
Troy & Gi'eenfield Railroad Corporation, 



500,000 00 
400,000 00 
200,000 00 
427,572 00 



Funded Debt. 
Lun. Hosp. Scrip, 1852, due 1865, $100,000 00 
" 1853, " 1865, 70,000 00 
" " 1854, " 1874, 94,000 00 



5,526,127 56 



-$264,000 00 



State House " 1853, " 1873, $65,000 00 
" « " 1854, " 1874, 100,000 00 



St. Almshouse " 1852, " 1872,-1100,000 00 
" 1853, " 1873, 60,000 00 
" 1854, " 1874, 50,000 00 

210,000 00 

165,000 00 

300,000 00 

200,000 00 
Con. Stats. " 1860, " 1870, $150,000 00 

150,000 00 



Six per cent, " 1856, " 1862, $100,000 00 
" 1856, " 1864, 100,000 00 
" 1856, " 1866, 100,000 00 



Lun. Hosp. " 1857, " 1868, $150,000 00 
" 1857, " 1877, 50,000 00 



1,289,000 00 



$6,815,127 86 
Temp'ry Loans due Jan. 1, 1860, $246,429 77 
Reduc'd by issue of Scrip, 1860, 150,000 00 

$96,429 77 

Estimated Deficit for 1860, .... 170,000 00 

266,429 77 



r,081,557 33 



For the liabilities and debts before stated, provision has 
been made by law, as follows : — 



GOVERNOR'S ADDRESS. 



5(67 



Liabilities on account of Railroad Corporations: 
Mortgage W. R. R. Co.'s entire property, . $3,999,555 56 
Sinking Fund, W. R., amounting to . . 1,000,000 00 
Mortgage E. R. R. Co.'s entire property, . 500,000 00 
Mortgage N. and W. R. R. Co.'s " . 400,000 00 

Sinking Fund, N. and W. R. R., amounting to 66,000 00 

Troy and Greenfield R. R. entire property, . 427,572 00 
Sinking Fund, T. and G. R. R., amounting to 20,000 00 

Southern Vt. R. R. Co.'s entire property, . 200,000 00 

.| 

For Funded Debt. 
Debt Ext'm't Fund, 7,056 W. R. R. St'k, par, §705,600 00 
Present value premium 10 per cent., . . 70,560 00 
W. R. R. Stock Fund, balance of securities, . 115,500 00 



Less amount advanced on these securities, 



Back Bay Lands Fund appropriated. 
Almshouse Sinking Fund, 



Payments for 1860 amount to about 
Receipts for 1860 amount to about 

Deficit, .... 



r,213.127 56 



$891,660 00 
46,000 00 

$845,660 00 

300,000 00 

53,548 00 



^,185,000 00 
1,015,000 00 

$170,000 00 



1,199,208 00 
5,412,335 56 



This deficit arises in part from the following extraordinary 
payments, to wit : — 



Extra Session and Cattle destroyed. 

Consolidation Statutes, 

State Reform School for Boys, 

Nautical Branch, 

Wesleyan Academy, . 

Valuation Committee, 

Repairs on State House, 

State Prison, 

Total deficit. 



$52,000 00 
21,000 00 
27,000 00 
16,000 00 
22,000 00 
15,000 00 
10,000 00 
7,000 00 

$170,000 00 



The expenses of the ensuing year, estimated, will be 
considerably less than the present, and unless some extraor- 
dinary emergency arises, the revenue will more nearly equal 
the expenditures. 



Expeditures for 1861, estimate, 
Revenue, including unpaid tax 1860 

Deficit, 1861, . 

Deficit of previous years, . 



To be provided for by tax or otherwise, 
29 



$870,000 00 
760,000 00 

$110,000 00 
267,000 00 

$377,000 00 



568 GOVERNOR'S ADDRESS. 

The fiscal year closes on the 31st of December, and there- 
fore the statements given are only an approximation to the 
actual results, which may vary somewhat the above. 

THE VALUATION OP THE COMMONWEALTH. 

The legislative committee appointed to compute the valua- 
tion of the Commonwealth as a basis for state taxation 
during the next ten years, has recently concluded its labors 
after a session which was protracted to a length of more 
than a hundred days, beginning September 5th, 1860, and 
ending January 1st, 1861, at a cost of il3,191.50, for the 
pay of its members, and $6,322, for its contingent expenses. 
The aggregate valuation of taxable property is computed at 
the sum of 1897,795,326, which is 1299,858,330 more than 
the state valuation of 1850, exhibiting an increase of about 
fifty per cent, in the wealth of the State during the last ten 
years. When it is remembered that considerable sums (in 
the hands especially of small property holders, of which 
deposits in savings banks not exceeding 1500 each, may be 
taken as an illustration,) have been omitted from the assess- 
ment, the result discloses that the wealth of the people of 
Massachusetts averages not less than $150 to each inhabi- 
tant, irrespective of age or sex. The proportionate distribu- 
tion of this wealth among the people is illustrated by the 
fact that the amount of deposits in the savings institutions 
of the Commonwealth on the fourth Saturday of October 
last, as shown by the annual report of the bank commis- 
sioners, was $15,054,235, although these institutions are 
prohil)ited by statute from holding at the same time more 
than $1,000 of one depositor, other than a religious or 
charitable corporation : and these deposits represent only a 
fraction of the savings from the daily industry of the work- 
ing classes. The policy of encouraging families to become 
land-owners, by exempting their homesteads to the value of 
$800 from seizure on execution, has helped to preserve their 
accumulations ; and the numerous modes in which small 
savings are invested by private loans and friendly accom- 
modation, help largely to increase and to preserve their 
aggregate. 

The industrial statistics of the Commonwealth are com- 
piled but once in ten years. The last compilation was in 
1855, when it appeared that the annual production from the 
industry of Massachusetts amounted to $295,820,681, which 
was an increase of 138 per cent, over the amount exhibited 
by the last previous compilation ; nor can it be doubted that 
the productive capacity of our people since 1855 has kept 



GOVERNOR'S ADDRESS. 569 

pace with the gratifying increase of their capital. A Com- 
monwealth of 1,231,535 persons, on an area of only 7,800 
square miles, with a property of nearly $900,000,000, whose 
people are all free, and whose poorest child may be educated 
in the free schools of the State, is a noble monument of the 
triumphs of intelligence and liberty. 

In this connection I respectfully recommend to the gen- 
eral court to provide some less expensive and cumbrous 
method for ascertaining the valuation of the state, than that 
which lias hitherto been pursued. The details of a more 
economical and efficient plan will be suggested if it shall be 
deemed desirable. 

MILITIA. 

The whole number of our enrolled militia for the year 
1860, (from which, of course, is excluded firemen and other 
exempts,) was 155,389 men. The active militia, uniformed, 
armed and equipped, drilled and organized, ready for active 
service on call, — including its various arras of infantry, 
cavalry and artillery, numbered 5,592. In respect to good 
conduct, disciplhie, spirit and capacity proportioned to its 
iiumeiical force, 1 am advised that our active citizen soldiery 
was never in a condition of greater efficiency. 

But, I venture the inquiry, whether, in addition thereto, 
the dormant militia, or some considerable portion of it, 
(now simply enrolled and not organized nor subject to drill,) 
ought not, in conformity with the theory of the institution 
itself, to be placed on a footing of activity. For how other- 
wise, in tiie possible contingencies of the future, can we be 
sure that Massachusetts has taken care to preserve the manly 
self-reliance of the citizens, by which alone, in the long run, 
can the creation of standing armies be averted, and the State 
also be ready, without inconvenient delay, to contribute her 
share of force in any exigency of public danger ? 

AGRICULTURE. 

The agricultural interests of the Commonwealth have, in 
the main, been exceedingly prosperous during the past year, 
notwithstanding the presence, in the spring, of that dis- 
ease among neat-stock which it was feared by many would 
prove unmanageable and disastrous. I am advised that the 
amount drawn on account of the commissioners appointed to 
exterminate that disease, is $29,259.33, and that the amount 
actually paid or to be paid on that account, will exceed 
$30,000, without including the expenses of the extra session 
of the legislature called to consider the disorder, which 
amounted to $20,650. 



570 GOVERNOR'S ADDRESS. 

All the farm-crops during the season have been fully up to 
the average production of preceding years ; and some of 
them, such as fruits, wheat, barley, and oats, have yielded 
far more than was ever before known in the Commonwealth. 
Attention to sheep husbandry is now on the increase, by 
reason of the protection which has been afforded to it by 
judicious legislation ; and the importance of this branch of 
farming to the various interests of New England, can hardly 
be overestimated. The encouragement extended by the 
legislature to the formation of Farmers' Clubs throughout 
the State has had the desired effect, and the number of these 
associations has rapidly increased. 

In respect to agricultural literature, the State Board of 
Agriculture have in preparation a manual of agriculture for 
use in schools, and it is hoped that additional elementary 
instruction in matters connected with the daily experience 
of our country youth, may increase public interest in this 
great source of our material prosperity. The progress made 
in the revision of Mr. Harris's Treatise concerning Insects 
Injurious to Vegetation, has been very satisfactory, and that 
valuable work will be issued during the coming year in a 
manner which will be creditable to the Commonwealth. An 
edition of 2,500 copies was ordered by statute in 1859, but 
only partial provision was made for the distribution of them. 
About 1,000 copies will remain at the disposal of the present 
or of some subsequent legislature, and I respectfully suggest 
that a proper number shall be placed, for distribution, with 
Professor Agassiz, who has gratuitously rendered essential 
service in the revision of the work. 

BANKS AND BANKING. 

In view of the recent financial perturbation, the subject of 
banks and banking will undoubtedly attract your attention. 
No one can pretend that our system of banking is perfect, 
while very few will deny that the currency of New England, 
and especially of Massachusetts, is as safe and convenient as 
that of any other section of the country. Our present system 
is the result of long experience, and I trust that no radical 
change will be attempted with respect to any of its features, 
without mature consideration. Under existing circumstances, 
I deem a conservative course of legislation in this respect to 
be best for the Commonwealth, and that we should be cau- 
tious about encouraging any new theories of banking con- 
cerning which the public mind is divided, without requiring 
the subject to be thoroughly investigated by a committee 
appointed for that purpose, in the manner customary in the 



GOVERNOR'S ADDRESS. 571 

British parliament. As it is the duty of government to tlirow 
every safeguard around the person of every inhabitant of the 
State, so it is also its duty to protect all property, whether it 
be individual or corporate. So long as the banks are con- 
ducted in good faith towards the people, so long should they 
be sustained under their charters. It is common to charge 
the banks with responsibility for our financial difficulties, 
and it is doubtless true that they have more or less to do with 
them ; but financial troubles and panics are by no means pecu- 
liar to this country. They havp occurred from timerto time 
in all civilized communities where business is done on credit, 
being sometimes created by a single cause, and at others by 
a combination of circumstances, while at still others it is 
difficult to trace them to any definite source. Their occur- 
rence cannot be prevented by legislation, for no legislation 
can invariably anticipate the future and provide against all 
its contingencies. The remedy is to be found in less specu- 
lation, more limited credits, greater caution, and a more 
thorough study of the laws of trade, and adherence to its 
established principles; and above all, in the diffusion of such 
a sentiment of patriotism as shall never justify a doubt of 
the stability of our institutions. 

The privileges of the general banking law have not been 
embraced in the country towns ; but in Boston several banks 
have been organized under its authority, and a large amount 
of banking capital thereby created. If yoii think that the 
increase of corporations thus organized may become too 
rapid, the power to organize them could be suspended for a 
season, leaving the law, in other respects, in force ; and if 
you think that the whole law should be repealed, charters 
might be granted to the banks already organized under it, if 
they are willing to accept them. 

The able report of the Bank Commissioners will be placed 
in your hands, and I commend to your attention its statis- 
tics and suggestions, especially concerning an increase of 
specie in the vaults of the banks. But it may be well to 
inquire whether any arbitrary or mechanical rule in this 
respect, can ever be successfully applied to a matter so deli- 
cate as a mixed currency, in its relation to the business of 
our community, involved as it is with that of the whole 
commercial world, and sustained upon a universal system 
of credit. To require only that moderate quantity of specie 
to be held by the banks which is supposed to be safe for the 
ordinary course of business, seems plainly inadequate, for in 
moments of unforeseen and sudden panic or disaster the 
banks thereby become powerless, and the system fails. But 



572 GOVERNOR'S ADDRESS. 

supposing that an amount of specie twice as large as that 
deemed absolutely necessary in ordinary times, were required 
to be maintained, might not the use of a portion of the 
specie so accumulated, be permitted at the discretion of 
some branch of the government, for the purpose of meeting 
temporary exigencies requiring such relief? Many examples 
of tlie wisdom of such a course, and tests of its safety, have 
occurred both in England and in France. One of the most 
striking illustrations of the benefits of a flexibility of the 
banking laws in this particular, by lodging a discretionary 
power somewhere, to accommodate artificial rules to the 
exigencies of a life so mercurial as that of commerce, was 
afforded in Great Britain three years ago. A panic was 
then at its height, and a crisis was imminent. The Bank of 
England was forbidden to issue notes of a denomination less 
than five pounds. But 'at this moment the government 
removed the restriction temporarily, and the bank proceeded 
to issue several millions in one pound notes. Specie imme- 
diately flowed into its vaults, the small notes taking the 
place of metallic currency among the population ; and the 
result was immediate and permanent relief. This circum- 
stance also illustrated the usefulness of generally restricting 
the issue of small bank-notes. 

THE USURY LAWS. 

In this connection I wish to call your attention to the 
propriety of making some change in our usury laws. In 
the year 1818, a very able committee appointed by the 
British House of Commons, made an elaborate report, 
recommending a modification of the usury laws. But so 
strongly were the people opposed to the measure, that more 
tlyin twenty years elapsed before any favorable action to that 
end was adopted. At last in 1839, a law was enacted by 
Parliament exempting bills of exchange and promissory 
notes not having more than twelve months to run, from the 
operation of these laws ; and for twenty-one years this 
enactment has been satisfactory to the British public. 
Might not a similar statute prove equally useful and popular 
in this Commonwealth, tend to retain capital at home, and 
prove in the end a great relief to borrowers of money ? 
Such a change in our legislation respecting usury could 
hardly be called an experiment, when in making it we should 
follow the cautious example of England after its long and 
satisfactory experience by a people who so much resemble 
ourselves. 



GOVERNOR'S ADDRESS. 573 

MUTUAL INSURANCE COMPANIES. 

The principle of mutual insurance is one which should be 
preserved and cherislied, but the methods and operation of 
the institutions for mutual insurance cannot be too cautiously 
inspected. Those institutions solicit and receive the confi- 
dence of many thousands of people who trust in them to 
the extent of many millions of dollars, for indemnity against 
loss by the perils of fire ; and these people rely upon the 
quality of the charters which you grant, and upon the 
efficiency of your legislation in this regard. I respectfully 
invite your attention to existing defects in the method of 
laying and collecting assessments by tliese institutions, and 
to the need of providing efficient means to compel the 
imposition and levy of assessments when they become 
necessary for payment of losses. The subject of exercising 
control over the form of the policies issued by these com- 
panies, also deserves consideration, for they are often 
burdened with conditions so numerous and intricate that 
intelligent and careful business men are misled by their 
terms, so that having supposed themselves effectually insured, 
they awake to a knowledge of their mistake only after a 
remedy has become impossible. 

PUBLIC CHARITABLE INSTITUTIONS. 

The reports of the Board of Education and from the 
various public institutions and commissions established for 
charity to the poor, for the relief and cure of the diseased, 
and for the correction and reform of criminals, will present 
in detail the educational, charitable, sanitary and penal 
statistics of the Commonwealth. They concern matters 
which demand and shall receive the diligent supervision of 
the Executive Department throughout the year. 

The obligation of a government to protect the persons and 
property of its subjects, enjoins the duty of taking care of 
those who are unable to take care of themselves. The child 
should be taught, the insane should be guarded, the deaf, 
the dumb, and the blind should be cared for, and the idiot 
should be remembered and protected. I commend to your 
especial care all our benevolent institutions, and I should be 
glad if the list could be enlarged by adding one for the cure 
of inebriates. 

CAPITAL PUNISHMENT. 

The punishment of offenders is perhaps the gravest 
responsibility of civilized society, and in modern times the 
utmost attention of the sincerest thinkers and observers has 



5T^#. GOVERNOR'S ADDRESS. 

been bestowed upon the philosophy and the phenomena of 
crime. In order that the laws may be both just and 
humane, it is necessary that detection and punishment siiall 
be speedy and sure, and also that prevention and reform 
shall be secured in the largest measure. The progress of 
civilization steadily diminishes crimes of violence, and also 
steadily discourages punishments of a violent, cruel, or 
sanguinary character. The infliction of the penalty of 
death as a punishment for crime will one day be discon- 
tinued among civilized men. Already, philosophers, jurists, 
and statesmen, in large numbers, possessed of the most 
comprehensive experience of human affairs, and clothed 
with the highest authority, have pronounced against it ; and 
it will initiate a new era in the progress of Massachusetts 
when she shall conform her penal legislation to the most 
enlightened principles of criminal jurisprudence, and con- 
sult her truest safety by its abolition. Whenever that event 
shall occur, whether as a private citizen, or in a public 
capacity, I shall respect the intelligence and assent to the 
policy by which it will be accomplished. 

PRACTICAL SCIENTIFIC INSTITUTIONS. 

The wise foresight which has secured such large provision 
for the education of the children of the Commonwealth, 
enjoins us to use all reasonable means to promote the spread 
of useful knowledge, and especially to facilitate such prac- 
tical scientific instruction as shall elevate while it invigorates 
the industrial arts. 

A favorable opportunity is now afforded to advance this 
desirable object by setting apart a suitable portion of the 
Back Bay lands for the accommodation and collocation of 
institutions devoted to practical branches of art and science. 
In this connection, the views and wishes of the Boston 
Society of Natural History, the Massachusetts Horticultural 
Society, and the Institute of Technology have already to 
some extent been presented to the legislature, and will, it is 
understood, be submitted to you during your present session, 
in detail. The valuable contributions which the two first 
named societies have rendered, the enlarged sphere of use- 
fulness which under these new conditions they would be 
enal)led to fill, and the material benefits which the proposed 
Institute of Technology is adapted to confer, are considera- 
tions which commend the purposes of the petitioners to the 
favorable attention of all friends of education and ijidustry, 
and will, I doubt not, receive at your hands such liberal 
appreciation as they deserve. 



GOVERNOR'S ADDRESS. 575 

BOSTON HARBOR AND BACK BAY. 

The preservation of the harbor of Boston against deterio- 
ration, is a subject of grave concern ; and I trust tliat any 
measures which may be proposed to you, possibly affecting- 
it, will be vigilantly scrutinized. I would also call attention 
to the question whether any method can be devised in the 
present state of the work of filling the Back Bay, to secure 
to the public health the benefits contemplated by the reser- 
vation of a full basin, agreeably to a memorial of Hon. 
Josiah Quincy, Senior, and other citizens, to the last legisla- 
ture, which stands referred to the present one. 

MARRIAGE AND DIVORCE. 

While considering the personal interests of the people of 
the Commonwealth, I cannot persuade myself that I shall 
have performed my duty until I have invoked your consid- 
eration of an anomaly in our law, by which, under the 
operation of the process of divorce, society creates husbands 
who have no wives, and wives who have no husbands. This 
anomaly originated many ages ago, in certain ecclesiastical 
theories concerning the institution of marriage, and was 
devised by the ecclesiastics themselves. In our own age, 
the theory upon which the law enforces the celibacy of a 
divorced husband or wife, is that of punishment for the 
offence which was the occasion of the divorce. But this 
offence, so far as it relates to the injured party to the mar- 
riage, is punished by the dissolution of that relation upon 
the petition of that very party, and by the decree of alimony, 
or other pecuniary advantages, as the statutes may deter- 
mine ; and so far as it relates to society, it ought to be 
punishable solely by means of criminal process maintained 
by the public prosecutor in conformity with the criminal 
laws. Thus only can each case receive its appropriate and 
proportionate punishment, according to its peculiar circum- 
stances, and thus only can the accused be insured the benefit 
of a trial for his alleged crime, such as shall be in accord- 
ance with the principles of our criminal jurisprudence. 
Now, upon the hearing of a libel for divorce, before a single 
judge, the party seeking the divorce is entitled for his or her 
relief, to certain inferences of guilt from circumstances from 
which a jury, in many cases, would not and ought not to 
draw such inferences, were the controversy between the 
government and the accused, and not between a husband 
and a wife. Thus a party is sometimes practically sentenced 
to celibacy so long as he shall remain a citizen of Massachu- 
setts, as a punishment for a crime for which he was never 
so 



576 GOVERNOR'S ADDRESS. 

tried nor indicted, and of which in truth and fact he may 
not have been guilty, although a divorce was properly 
decreed against him according to the rules of the ecclesias- 
tical law. And whether morality is promoted by prohibiting 
the formation of new domestic relations, and thereby with- 
holding the opportunity for fidelity in the future in order to 
punish infidelity in the past, is a question much debated in 
the gravest and most thoughtful minds ; but long reflection 
has satisfied me that it is expedient at least to lodge in some 
tribunal the power to mitigate the hardships of the law, 
according to the circumstances of each case, whatever may 
have been the cause of the dissolution of the marriage. 

THE CAPE COD CANAL. 

The svirveys ordered by the last legislature for a ship 
canal between Barnstable and Buzzard's Bay are in progress 
under the care of the joint committee which was charged 
with tlieir direction. Statistics have been collected which 
exhibit the dangers incident to the navigation around Cape 
Cod, and demonstrate the commercial advantages to be 
derived from the contemplated canal. A topographical 
chart of the proposed route, and hydrographical charts of 
its termini, have been completed at a moderate expense, by 
officers of the National Coast Survey, assisted by the advice 
of the United States Commissioners on Boston Harbor. 
Engineers are now engaged in locating the line of the canal 
upon this route, and preparing for sectional surveys, and 
making plans and estimates for the entire work. The 
appropriation made at the last session for these objects has 
been exhausted, and an additional grant is needed to cover 
the expense of past as well as to provide for future services. 
The design of this canal having been entertained by the 
State as well as by the Federal government at intervals ever 
since 1776, there seems to be a propriety in completing at 
the present time this examination into the feasibility of the 
proposed undertaking, in order to act intelligently upon a 
question which has claimed so large a share of public atten- 
tion. The joint committee will report to the legislature at 
an early day the results of their labor, so far as they are 
ascertained. The report which was ordered by the last 
legislature, has been delayed, by reason of the impossibility 
of completing the surveys in season to comply with the 
terms of that order. 

THE PROVINCIAL STATUTES- 

I earnestly recommend the collection and publication 
under the patronage of the Commonwealth, of the statutes 



GOVERNOR'S ADDRESS. 577 

enacted between the time of the union of the two colonies 
of Plymouth and Massachusetts Bay under the Charter of 
William and Mary in 1691, and that of the adoption of the 
Constitution of 1780. Not more than a moiety of these 
Provincial Laws are to bo found among the accumulations 
of the State Library ; but the zeal and intelligent industry 
of one gentleman of the bar, has enabled him, after years 
of careful search, to complete a collection of them. They 
are of inestimable value on account of their historical 
interest, their usefulness in throwing light upon subsequent 
legislation, and the assistance which they afford in the 
determination of many important questions mooted by the 
profession and the courts. An edition of 2,500 copies, in 
two octavo volumes, can be published at a cost of not more 
than 110,000, including the expense of editing the work. 

THE TWO YEARS AMENDMENT. 

I beg leave to ask the legislature to consider the propriety 
of initiating the appropriate measure for enabling the people 
to pass once more upon the subject of the limitation of the 
exercise of the right of suffrage by citizens of foreign birth. 
The amendment of the Constitution by which that limitation 
was imposed, was voted upon at a time specially assigned 
for that purpose, and not at any regular or usual meeting 
of the towns, or any day of election. The vote was so small 
as to afford no safe indication of the will of the people, and 
I am convinced that the result does not agree with their 
opinion. 

The whole number of votes cast was only 36,517 ; while a 
full vote is about 180,000. 

This amendment has been thought by some to be needful 
to preserve the purity of elections by preventing frauds 
upon our system of registration. But it is to be remem- 
bered that the person naturalized cannot vote, (any more 
than a native born citizen) — unless he shall have " resided 
within the state one year, and within the city or town, in 
which he claims the right to vote, six months next preced- 
ing any election." This precludes the sudden influx of 
strangers ; and when any person desires his name to be 
placed on the list of voters, the mayor and aldermen, or 
selectmen, require the proper proof of the residence of the 
party, of his naturalization and the payment of his tax, and 
of his other qualifications. 

I suggest that there should also be required by statute a 
residence within any Congressional district in which a right 
to vote may be claimed, for six mouths next preceding the 



578 GOVERNOR'S ADDRESS. 

election. This measure stands upon the same grounds of 
propriety which require such residence in the city or town, 
and would prevent the possible effort to defeat the will of 
the majority of bona fide inhabitants of a Congressional 
district, by the colonization of voters from another district, 
in a case where some of the wards of a city lie in one 
district and the remaining wards in another. 

THE GENERAL STATUTES. 

I respectfully suggest to the legislature the propriety of 
refraining from alterations of the General Statutes of the 
Commonwealth, not clearly requisite in order to repair 
accidental errors or omissions, or to conform legislation to 
new wants, or to reform abuses. 

The General Statutes as recently revised, have been less 
than one year in operation. The revision received more or 
less attention from several successive legislatures. It was 
the work of eminent Commissioners, which they constructed 
with critical, intelligent and laborious care and learning. 
Their report was submitted to a numerous joint committee 
of both branches of the legislature of 1859. This committee 
sat for one hundred and nine days in reexamination of the 
work, and its final report was, in turn, made to the legisla- 
ture convened in special session for the single purpose of its 
consideration. This session, commencing September 7th, 
closed December 28th, and the labors of the commissioners 
and the committee were subjected to a minute, independent 
and thorough criticism, never surpassed under similar cir- 
cumstances. Finally, the governor of the Commonwealth, 
in the exercise of his duty of original re-examination pre- 
paratory to the expression of approval or dissent, discovered 
a single instance of possible conflict between these statutes 
and the laws of Congress. This consisted in the omission 
of a word from one of the chapters, which led him to appre- 
hend a want of conformity between that chapter and a 
certain provision of the Federal law touching the organiza- 
tion of the militia. With conscientious zeal he invoked the 
opinion of the attorney-general and of the judges of the 
supreme court upon the question. Their reply confirmed 
his objections, and he returned to the legislature the whole 
body of the Revised Statutes unapproved in consequence of 
the omission. The legislature restored the omitted word, 
and the unhesitating bestowal of the executive sanction then 
conferred upon the work the authority of law. 

I mention this to illustrate the minute fidelity with which 
the revision was accomplished. Able hands conducted thQ 



GOVERNOR'S ADDRESS. 579 

enterprise ; vigilant eyes watched and criticised it at every 
step of its progress ; and the most eminent lawyers and 
statesmen of the party in opposition, were members of the 
committee, and sat in the legislature by which it was at last 
perfected. Printed copies of the Report of the Commis- 
sioners were profusely distributed among lawyers and jurists, 
whose aid was invoked for the discovery of errors, or inac- 
curacies of any kind. The intelligence, learning, good 
faith, and patriotism of the entire legal mind of the Com- 
monwealth was thus directed to the labor. 

A large measure of respect is due to a body of law pre- 
pared with a care so elaborately exhaustive of all possible 
means of accuracy. And I think that it is due to truth and 
to the merits of the work to declare that in my humble 
judgment such respect will be amply justified by the experi- 
ence of the future. 

THE PROVISIONS OF THE STATUTES CONCERNING PERSONAL 

LIBERTY. 

I cannot, however, forget at this moment some recent 
impeachments of our legislation providing safeguards for 
personal liberty ; but it is impossible for me to compress 
within the restricted space allowable for the purpose, a 
review of the objections alleged against that legislation, or 
even of the reasons by which it commends itself to good 
citizens who believe in its propriety. The subject opens too 
broad a field of juridical inquiry and erudition to be mapped 
out on this occasion. But I think that if it could be remem- 
bered that the liberties of white men and of their children 
are involved in its consideration, and if it could be forgotten, 
in the discussion, that people of color have an existence, 
some advance would thereby be made towards clearing a 
vision now too easily beclouded, touching all matters which 
concern the African race. 

The governments of the United States and of this Com- 
monwealth have co-ordinate jurisdiction, each within its own 
sphere, over the same territory. When either, by its appro- 
priate officers, has obtained actual and lawful custody of a 
person or of property, for the purpose of legal inquiry into 
the title to the property, or the right to hold the person, or 
in order to try that person for crime, the person or the 
property, until that investigation shall be completed, is 
withdrawn from the exercise of the corresponding jurisdic- 
tion of the other government. This is implied from the 
very co-existence of the two governments in federal relation- 
ship, and it is rarely expressed in the statutes of either, 



580 GOVERNOR'S ADDRESS. 

altliougli it applies with equal force to both. It does not 
depend upon any supremacy or preference of the one gov- 
ernment over the other, but upon the naked question which 
of them first acquires jurisdiction of the subject matter to 
be determined. 

The application of tliis principle to the provisions of the 
General Statutes of Massachusetts concerning the writ of 
habeas corpus, relieves them from all constitutional objec- 
tion. Although our statutes in terms require this writ in 
all cases except of imprisonment or restraint by a sheriff or 
similar officer of the Commonwealth, to be addressed to the 
sheriffs and their deputies, (as being the appropriate officers 
to execute the process of the Commonwealtli,) and to 
direct them to take the body of the person alleged to be 
restrained of his liberty, as well as to summon the person 
who is alleged to restrain him ; yet if the person so restrained 
is held by a marshal of the United States by virtue of a 
lawful warrant from a judge or other authorized officer of 
the United States, for the purpose of conducting any legal 
inquiry, he cannot be taken out of the custody of the United 
States until the hearing upon that question has been finished 
and the result declared. The most that can be done is to 
summon the marshal to appear and show the cause of the 
restraint ; and this summons the marshal is bound by his 
duty as a citizen and a subject of the State, to obey. If he 
shows a process issued by lawful authority, valid to hold his 
prisoner, the State court cannot take the prisoner from his 
custody for the purpose of a further exercise of its jurisdic- 
tion. But if the process, being produced, proves to be 
invalid or insufficient for the purpose for which it is proposed 
to be used, or if an alleged fugitive is not in the custody of 
an officer of the United States, but in that of a private 
person, there is nothing in the constitution or laws of the 
United States to prevent the trial by the State courts upon 
habeas corpus, or other appropriate process, of the right of 
restraint alleged ; and in such cases the modes of proceed- 
ing and rules of evidence are to be determined by the con- 
stitution and laws of the State. 

By the Massachusetts Declaration of Rights, " each indi- 
vidual of the society has a right to be protected by it in the 
enjoyment of his life, liberty, and property, according to stand- 
ing laws," and " every subject of the Commonwealth ought 
to find a certain remedy, by having recourse to the laws, for 
all injuries and wrongs which he may receive in his person, 
property or character. He ought to obtain right and justice 
freely, and without being obliged to purchase it ; completely, 



GOVERNOR'S ADDRESS. 581 

and without any denial ; promptly, and without delay, con- 
formably to the laws." Tiie legislature, in conformity to the 
spirit of the Constitution, and knowing that obscure and 
friendless inhabitants of the Commonwealth are most in 
danger of being unlawfully deprived of their freedom, have 
taken measures to secure to every person seized or in danger 
of being seized as a fugitive from service, a fair and impartial 
trial ; and have also imposed an adequate punishment upon 
any one who shall undertake to remove from the State any 
person in the peace thereof and not a fugitive from his ser- 
vice, " on the pretence " that he is such a fugitive, '•' or with 
the intent to subject him " to slavery. By the well-settled 
principles of the criminal law and the ordinary rules of con- 
struction of penal statutes, the unlawful intent must concur 
with the unlawful act in order to subject any individual to 
the penalties of this statute. 

In 1842 the supreme court of the United States in the case 
of Prigg vs. The Commonwealth of Pennsylvania, declared 
that " every State is perfectly competent and has the exclu- 
sive right to prescribe the remedies in its own judicial tribu- 
nals, to limit the time as well as the mode of redress, and to 
deny jurisdiction over cases wJiich its own policy and its ovm 
institutions either prohibit OR discountenance." And again 
the court in the same case says, that '* the States cannot be 
compelled to enforce them, [i. e. the provisions for the sur- 
render of fugitives from labor,] and it might well be deemed 
an unconstitutional exercise of the power of interpretation, 
to insist that the States are bound to provide means to carry 
into effect the duties of the national government, nowhere 
delegated or intrusted to them by the Constitution." And 
again the court says in allusion to the powers conferred upon 
State magistrates by the fugitive act of 1793, that as to tlie 
authority " conferred upon State magistrates, while a differ- 
ence of opinion has existed and may exist still on the point 
in different States, whether State magistrates are bound to 
act under it, none is entertained by this court that State 
magistrates may, if they choose exercise that authority, 
unless prohibited by State legislation." 

This decision not only frees the individual States from all 
action in the matter, but also expressly recognizes the power 
of the States to prohibit action by their officers under the 
acts of congress. Accordingly this Commonwealth soon 
afterwards, in 184:3, enacted the statute popularly known as 
the " Latimer law," and made it penal for any of its officers 
to aid in the capture or detention of a person claimed as a 
fugitive from service ; and in 1855 it enlarged its legislation 



582 GOVERNOR'S ADDRESS. 

upon this subject, by the addition of more comprehensive and 
stringent provisions, framed in the same spirit and for the 
same purpose. But in 1858, in order to prevent any confu- 
sion or uncertainty in the minds of the militia, which might 
arise from the idea of a divided duty, it imposed the respon- 
sibility for violations of these statutes by the militia, solely 
upon their commanding officers, by providing that their 
prohibitions and penalties shall " not apply to any act of 
military obedience and subordination performed by an officer 
or private of the militia." The prohibitions thus addressed 
to the civil and military servants of the Commonwealth, of 
course do not and cannot apply to them in their private 
capacity as citizens of the United States. 

It is certain that the legislation of Massachusetts is intended 
to be constitutional ; and I am bound to declare my belief 
that it has proceeded upon principles of the strictest consti- 
tutionality. If, however, any party to any legal proceeding 
shall deem himself aggrieved by any thing found written in 
our statutes, we are consoled by the knowledge that he has 
access to judicial tribunals which will bestow most intelligent 
and conscientious attention to his complaint. Whatever 
legal truth the judicial mind may perceive in this or in any 
other regard, will be declared, because the judiciary exists 
not to make the law but to expound it. 

There can be no doubt that the first and most sacred duty 
of government is to protect the lives and liberties of subjects. 
I believe that every person who is prima facie free, being in 
possession of his liberty and claiming title thereto, that 
every parent being in possession of his child, or guardian 
having custody of his minor ward, has a right to a judicial 
vindication of his rights in that regard, whenever and 
wherever they are practically drawn in question. And I do 
not think that a certificate issued to authorize a person from 
California to seize and carry away, as and for his fugitive 
apprentice, the child of a white inhabitant of Massachusetts, 
(which certificate may under the Fugitive Act of 1850, be 
issued without any previous notice to or hearing of the child 
or his parent,) can bar the right of such child or parent to a 
determination by a competent tribunal, of the right of the 
child to be retained in this community, from which perhaps 
he may never have departed since the hour of his birth. So, 
too, I deny that a certificate so issued to a person from Mas- 
sachusetts, authorizing him to seize and carry away, as and 
for his fugitive apprentice, the slave of an inhabitant of 
Georgia, (which certificate may under the Fugitive Act of 
1850 be issued without any previous notice to the master,) 



GOVERNOR'S ADDRESS. 583 

can bar the right of such master to a determination by a 
competent tribunal, of his right to retain his slave under the 
local law of Georgia. And the trial may in either case be 
had in any competent forum within the jurisdiction where 
the person may thus be seized. The Constitution of the 
United States, while it provides for the surrender of persons 
charged with crime who have fled from one State into 
another, nevertheless, when it speaks of fugitives from labor, 
expressly restricts the authority to surrender, to the instances 
of those only who ivere held to service or labor and who did 
flee. And the right of a person to reclaim an alleged fugi- 
tive from his service must always be subordinate to the 
original, prior, indefeasible right of every freeman to his 
liberty, — to its preservation, to its instant and constant asser- 
tion, and to all the defences of it which pertain to the insti- 
tutions of the common law. The proceedings under the 
Fugitive Act of 1860 are not judicial, and they are not 
adapted to determine the questions of right which arise 
whenever a free man or the wrong man is innocently seized, 
or recourse is had to the arbitrary provisions of the Act itself 
by mere kidnappers, for nefarious purposes. On the pro- 
priety of exerting all the constitutional power which we 
possess (but none other than that), for the protection of the 
liberties of the people of the Commonwealth against kidnap- 
pers, there can be no debate ; and its necessity is illustrated 
by the surrender of persons claimed as fugitive slaves under 
the Act of 1850, who are known to have been free. In one 
case which I recall, the commissioner denied to the accused 
person time to send for his free papers, and declared that 
they would not be admissible on such a hearing. In another 
instance, the person carried off was found by the claimant, 
as soon as he saw him, to be the wrong man, and was hon- 
estly allowed to regain his liberty. In still another, a woman 
who is ascertained to be of unmixed Caucasian blood, with 
her daughter and grandson, were saved by ransom, only, 
from the operation of a decision directing their rendition 
into slavery. And I may add that in at least one case in 
this Commonwealth, a man was sent out of our jurisdiction, 
as a slave, the warrant against whom did not appear on its 
face to have been issued by any magistrate authorized by the 
Act of Congress. 

Suggestions are sometimes urged that great concessions 
should be made as matter of comity between States. But I 
do not understand that any State demands, or that any State 
can consent to, the rendition of free persons into slavery. 
This whole matter, however, involves no question of comity, 

31 



584 GOVERNOR'S ADDRESS. 

or inter-State politeness. It is a naked question of right 
between private persons, and of duty between the Common- 
wealth and its subjects. And all such rights can be pro- 
tected by preserving a logical consistency, and not assigning 
to the certificate of a commissioner a character to which it 
does not even pretend, viz. : tliat of a record of a judgment 
settling the conflicting rights and titles of contending parties. 

Supposing, however, that our legislation in this behalf is 
founded in mistake, the legislature will only have endeavored 
to perform their duty towards the citizen, whom they were 
bound to shield from unlawful harm. The power to obtain 
the judgment of the court affords ample redress to all 
claimants. Should a critical examination disclose embarrass- 
ment in raising and reserving questions of law for the 
appropriate tribunals, the legislature will readily repair the 
error. 

In dismissing this topic, I have only to add that, in regard 
not only to one, but to every subject bearing on her Federal 
relations, Massachusetts has always conformed to her honest 
understanding of all constitutional obligatioiis — that she 
has always conformed to the judicial decisions — has never 
threatened either to nullify or to disobey — and that the 
decision in one suit fully contested, constitutes a precedent 
for the future. 

I submit these remarks and the subject, to the wisdom 
and candor of the legislature. 

MASSACHUSETTS AND VIRGINIA. 

A suit is now pending in Virginia, arising out of an Act 
of her legislature by means of which a citizen of Massachu- 
setts was subjected to the forfeiture of liis vessel while 
trading at the port of Norfolk a few years since. By that 
Act our coasters are annually large pecuniary sufferers. 
This Commonwealth has heretofore made the needful appro- 
priations, for the defence against the suit referred to. It was 
argued before the court of appeals nearly a year ago, but a 
decision there has not yet been reached. In the opinion of 
eminent counsel in Virginia, the statute in question violates 
both the Constitution of the United States, and also that of 
Virginia herself. I recommend an appropriation to defray 
the expense of a writ of error, and an argument thereon 
before the supreme court of the United States, if the cause 
shall be decided against the defendant in the courts of 
Virginia. 



GOVERNOR'S ADDRESS. 585 

THE CONDITION OP THE COUNTRY. 

The constitutional choice to the presidency, of a citizen 
who adheres to the original principles of the fathers of the 
country, is the happy result of tiie recent national election. 
But by events which have since transpired in the southern 
States it appears that a large, influential, and energetic body 
of men in that section of the country, who control the 
action of at least the State of South Carolina, desire to 
resist, if necessary, by force of arms, this peaceful and con- 
stitutional triumph of republican principles, to which they 
ought in honor and loyalty to yield a generous acquiescence. 
Forgetful of rhe traditions of their ancestors, they seem 
determined to live in peace under no government which 
shall not concede to them the privilege not only of enslaving 
their fellow-beings within their own dominion, but also of 
transporting them at their pleasure into the national terri- 
tory, or from State to State absolutely without restriction, 
and of retaining them as slaves wheresoever within the 
national limits they themselves may please to sojourn. It is 
the recommendation of President Buchanan in his recent 
annual message, that by means of constitutional amend- 
ments to be initiated by congress or in a national conven- 
tion, concessions shall be made for the satisfaction of this 
extraordinary demand. This is a subject which I commend 
to your immediate but deliberate consideration, and I shall 
be happy to concur with what I hope will be the unanimous 
sentiment of the legislature, in a declaration of the opinion 
of Massachusetts with reference to the state of the Union 
and the suggestions of the Federal Executive. 

If Massachusetts, either by voice or vote, can properly do 
any thing to avert from those misguided men the miserable 
consequences which threaten to succeed their violent action, 
— the pecuniary disturbances and the civil commotions 
which must necessarily occur within their own borders if 
they persist in their career, her voice and vote should not 
be withheld. Not the least deplorable result of the action 
of South Carolina I apprehend will be the insecurity to life 
and property which will result throughout the whole South 
from fear of servile insurrection. Wherever slavery exists, 
we have the authority of Jefferson for believing that, in his 
own words, " the hour of emancipation is advancing in the 
march of time ; it will come ; and whether brought on by 
the generous energy of our own minds, or by the bloody 
process of St. Domingo, is a leaf of our history not turned 
over." The enslaved negro population of the South is not 
destitute of intelligence, nor devoid of that sentiment of 



586 GOVERNOR'S ADDRESS. 

resistance to tyranny which naturally inspires the oppressed 
to seek for freedom. If, as appears prolDable, it shall once 
conceive from the present march of events, that it has no 
hope of emancipation from any generous exertion of the 
minds of its masters, a resort to that process will be only 
the logical impulse of human nature. That God may be 
pleased to overrule the folly of man so as to avert so dread- 
ful a calamity, must be the prayer of every American ; but 
in my judgment it lies at the end of the road which Soutlj 
Carolina invites her sister States upon the Gulf of Mexico 
to enter. 

I have searched the position of Massachusetts with all the 
disinterested patriotism which I could command for the 
performance of that duty, and I find nothing by which I 
can reproach her with responsibility for svich results if they 
shall come to pass ; but I invite you to a similar examination. 

The truth of history compels me to declare that one chief 
source of the difficulty which we are called to encounter, 
lies in the incessant misrepresentation of the principles, 
purposes, and methods of the people who compose the 
majority in the free States, by superserviceable indviduals, 
who undertake to monopolize friendship for the people of the 
slave-holding States ; and candor requires me to add that 
they profess a friendship the largest part of which might be 
analyzed into dislike of their political opponents. I have 
for twenty years past, been a constant and careful observer 
of public men and affairs ; and for twelve years, at least, I 
have been intimately aware of the private as well as the 
public declarations and conduct of the representative men 
in almost every town and village of the Commonwealth. 1 
think I may claim also some intimacy with the great body 
of the people of Massachusetts, of whatsoever party. This 
period has been one of extraordinary and intense political 
interest. The tenderest sentiments, the deepest convictions, 
the warmest emotions, have all been stirred by the course 
of public affairs. Bitter disappointments, the keenest sense 
of injustice, the consciousness of subjection to most flagrant 
wrong, have fallen to the lot of our people. The fugitive 
slave bill of 1850, with its merciless severity, and the osten- 
tatious indignity with which it was executed ; the repeal of 
the Missouri restriction upon tlie extension of slavery over 
national territory ; the violent means adopted to prevent 
emigrants from this Commonwealth from participating in 
the settlement of Kansas ; the invasion of that Territory by 
men armed with the plunder from national arsenals ; the 
imposition of fraudulent legislatures upon a people tempora- 



GOVERNOR'S ADDRESS. 587 

rily subjugated by ruffianism and unprotected by a Federal 
Executive wliicli also forbade them to protect themselves ; the 
indiscriminate pillage, fire and slaughter to which peaceable 
settlers were subjected without cause or excuse ; the repeated 
exertions of the national administration in conspiracy with 
the enemies of freedom and good government, to impose 
and enforce upon Kansas a constitution sanctioning slavery ; 
the attempt to withdraw the discussion of political questions 
from the people themselves and to confine it to a conclave 
of judges ; the assault upon free speech in congress by a 
muderous attack upon a senator in his seat, for opinions 
expressed in debate and for the manner of their expression ; 
the indifference or positive ajjproval with which this attempt 
to overthrow representative institutions was treated through- 
out a large portion of tlie country ; the prostitution of all the 
powers of the government and the bending of all its energy 
to propagate a certain interest for the benefit of a few specu- 
lators in lands, negroes, and politics, and to discourage the 
free labor of the toiling masses of the people ; the menaces 
of violence and war against the Constitution and the Union, 
with which our arguments and our constitutional resistance 
have been met ; — these all are but a part of the record of 
the last ten years of American political history, which is 
burned into the memory of the people of Massachusetts. 

And yet, during all the excitement of this period, inflamed 
by the heats of repeated Presidential elections, I have never 
known a single Massachusetts republican to abandon his 
loyalty, surrender his fiiith, or seal up his heart against the 
good hopes and kind affections which every devoted citizen 
ought to entertain for every section of his country. During 
all this mal-administration of the national government, the 
people of Massachusetts have never wavered from their faith 
in its principles or their loyalty to its organization. Looking 
forward to the long ages of the future ; building always, in 
their own minds, for countless generations yet to come ; 
they have endured and are willing still, cheerfully and 
hopefully to endure much wrong and more misconception, 
because they trust in the blood inherited from heroic ances- 
tors ; in the principles of constitutional liberty ; in the 
theory of democratic institutions ; in the honest purpose of 
the intelligent masses of the people everywhere ; in the 
capacity of Truth and Right ultimately to reach and control 
the minds of men ; in an undying affection for their whole 
country, its memories, traditions and hopes ; and above all, 
in the good Providence oi God. 



588 GOVERNOR'S ADDRESS. 

It was at a great cost that our fathers established their 
independence, and erected this Union of States — which 
exists under the form of a National Government, unques- 
tionable as to its authority to act on all persons and all 
things within the sphere of its jurisdiction and the range of 
its granted powers. It needs ask permission from no one to 
fulfil its functions or to perpetuate its existence. It has no 
right nor power to abdicate ; nor to expel a State, or any 
portion of the people of any State, from the benefits of its 
protection ; nor to permit their revolt against the duties of 
a common citizenship. By the incurring of national debts, 
by the granting of pensions, patents and copy-rights, by the 
issue of commissions establishing a tenure of office not 
terminable at the pleasure of the appointing power, by the 
purchase and the conquest of territory erected into addi- 
tional States, by the improvement of harbors and rivers and 
the construction of military roads, by the settlement of 
wildernesses and the development of their resources under 
the national patronage, by the investment of vast sums of 
money in buildings for the transaction of public business, in 
light-houses, navy yards, fortifications, vessels of war, and 
their equipment, by the assumption of obligations under 
treaties with Indian tribesand foreign powers, the. people of 
the United States have paid and are paying a continuing 
consideration for the existence of this National Government 
in all its sovereign territorial integrity. All the people of 
all tlie States are interlocked and interlaced in a vast web of 
mutual interests, rights and obligations as various and as 
precious as are the characteristics of that wonderful civiliza- 
tion in which they participate. And this Union, through 
whatever throes or crises it may pass, cannot expire except 
witli tlie annihilation of the people. 

Come what may, I believe that Massachusetts will do lier 
duty. She will stand by the incoming National Adminis- 
tration, as she has stood by the past ones ; because her people 
will forever stand by their country. The records of her 
revolutionary history declare her capacity and her will to 
expend money, sympathy and men to sustain the common 
cause. More than half the soldiers of the revolution were 
furnished by New England ; and Massachusetts alone con- 
tributed more men to tlie Federal armies than were enlisted 
in all the Southern States. She is willing to make the same 
sacrifices again, if need be, in the same cause ; — and her 
capacity to do so has increased in proportion with the 
increase in her wealth and population. The echoes of the 
thunder of her revolutionary battle-fields have not yet died 



GOVERNOR'S ADDRESS. 589 

away upon the ears of her sons, and the vows and prayers 
of her early patriots still whisper their inspiration. The 
people of Massachusetts will, in any event, abide by her 
plighted faith. She agreed to the Constitution of the 
United States. It is the charter of the Union, it is the 
record of the contract, and the written evidence of rights 
intended to be secured to the States and to the People. 

History shows that never at any one time is there more 
than one grand issue on trial under a popular government, 
before the great tribunal of the people. A. reactionary 
movement against the doctrines and traditions of liberty 
handed down from the beginning, precipitated the trial in 
the elections of 1856 of an issue made up upon the relation 
of slavery to the territorial possessions of the nation, and 
the right of the people to manage those possessions so as to 
protect themselves, preserve their liberties, strengthen the 
Union, promote the common happiness and welfare, and 
best develop the resources of the lands within exclusive 
Federal jurisdiction. By the conduct and manifest designs 
of tlie leaders of that same reactionary movement, the same 
issue was kept open and presented to the country in a form 
still more intense, and a popular verdict demanded in the 
elections of 1860. So far as that issue can be settled by a 
popular election of President of the United States, its settle- 
ment is for the present, complete. In the next National 
election it may again be presented and the grand issue of 
1860 be repeated in 1864, should the people of the country 
be of opinion that any duty or practical advantage remains 
dependent on the possible result of a new trial. Meanwhile 
other duties command our immediate care. There is now 
no issue before the people touching their political relations 
to slavery in the Territories. The policy of the National 
Government in that regard is determined for the next four 
years ; but instead of preparing for a re-hearing and an 
endeavor to reverse the verdict at the end of that period, 
that party of reaction has now engaged in an effort to 
abolish the tribunal and overthrow the authority of the 
people themselves. And the single question now presented 
to the nation is this — Shall a reactionary spirit, unfriendly 
to liberty, be permitted to subvert democratic republican 
government organized under constitutional forms ? 

Upon this issue, over the heads of all mere politicians and 
partisans, in behalf of the Commonwealth of Massachusetts 
I appeal directly to the warm hearts and clear heads of the 
great masses of the people. The men who own and till the 
soil, who drive the mills, and hammer out their own iron 



590 GOVERNOR'S ADDRESS. 

and leather on their own anvils and lapstones, and they who, 
whether in the city or the country, reap the rewards of 
enterprising industry and skill in the varied pursuits of 
business, are honest, intelligent, patriotic, independent, and 
brave. They know tliat simple defeat in an election is no 
cause for the disruption of a government. They know that 
those who declare that they will not live peaceably within 
the Union, do not mean to live peaceably out of it. They 
know that the people of all sections have a right which they 
intend to maintain, of free access from the interior to both 
oceans, and from Canada to the Gulf of Mexico, and of the 
free use of all the lakes and rivers and highways of com- 
merce. North, Soutlj, East or West. They know that the 
Union means Peace, and unfettered commercial intercourse 
from sea to sea and from shore to shore ; that it secures us 
all against the unfriendly presence or possible dictation of 
any foreign power, and commands respect for our flag and 
security for our trade. And they do not intend, nor will 
they ever consent, to be excluded from these rights which 
they have so long enjoyed, nor to abandon the prospect of 
the benefits which Humanity claims for itself by means of 
their continued enjoyment in the future. Neither will they 
consent that the continent shall be overrun by the victims 
of a remorseless cupidity, and the elements of civil danger 
increased V)y the barbarizing influences which accompany 
the African slave trade. Inspired by the same ideas and 
emotions which commanded the fraternization of Jackson 
and Webster on another great occasion of public danger, 
the people of Massachusetts, confiding in the patriotism of 
their brethren in other States, accept this issue, and respond, 
in the words of Jackson, " The Federal Union, it must be 
preserved I " 

Until we complete the work of rolling back this wave of 
rebellion which threatens to engulf the government, over- 
throw democratic institutions, subject the people to the rule 
of a minority, if not of mere military despotism, and in 
some communities to endanger the very existence of civilized 
society, we cannot turn aside, and we will not turn back. 
It is to those of our brethren in the disaffected States whose 
mouths are closed by a temporary reign of terror, not less 
than to ourselves, that we owe this labor which, with the 
help of Providence, it is our duty to perform. 

1 need not add that whatever rights pertain to any person 
under the Constitution of the Union, are secure in Massa- 
chusetts, while the Union shall endure ; and whatever 
authority or function pertains to the Federal Government 



GOVERNOR'S ADDRESS. 591 

for the maintenance of any such right, is an authority or 
function which neither the government nor the people of 
this Commonwealth can, or would, usurp, evade, or over- 
throw. And Massachusetts demands, and has a right to 
demand, that her sister States shall likewise respect the 
constitutional rights of her citizens within their limits. And 
it is a reproach to human nature, and a breach of honor, 
that more of her free citizens, who happened to touch the 
soil of South Carolina, should have been sold into slavery 
under laws the assertion of the unconstitutionality of which 
that State punishes with a grievous penalty, than ever 
fugitive slaves have escaped from South Carolina to Massa- 
chusetts. 

THE PACIFIC EAILROAD. 

I congratulate the country upon the passage of the Pacific 
Railroad Bill through the house of representatives at the 
present session of congress, and upon the probable early 
adoption of the same measure by the senate. Its prompt 
enactment is due to our brethren on the Pacific coast, as an 
earnest of our desire for speedy, safe, and ample communi- 
cation between them and ourselves ; and while it will open 
vast territories abounding in agricultural and mineral wealth, 
it must also add to the trade and importance of the great 
maritime cities. It has been framed in a spirit of honorable 
concession to supposed conflicting interests, but it will inure 
to the benefit of all. 



Gentlemen of the Senate and 

House of Representatives : 

With unaffected solicitude I approach this office ; but 
with the frankness which is due to you, to the occasion, and 
to our constituency, I commit these inquiries, opinions and 
suggestions to your wise and patriotic counsels. The people 
and the State are entitled to our honest thought and our 
best services. At the termination of this career of public 
duty, I trust that a consciousness of faithful purpose and 
patient effort will be our great reward. 

32 



592 SPECIAL MESSAGES. 



SPECIAL MESSAGES. 



THE FOLLOWING SPECIAL COMMUNICATIONS WERE MADE BY HIS 
EXCELLENCY THE GOVERNOR, TO THE LEGISLATURE, DURING 
THE SESSION ENDING APRIL ELEVENTH. 

[To the Senate, January 14.] 

I have received from the governor of New York, the 
accompanying note and " copy of the concurrent resolutions 
of the legislature of the State of New York, tendering the aid 
of the State to the president of the United States, to enable 
him to enforce the laws and to uphold the authority of the 
Federal Government." 

I herewith transmit the same for the information of the 
general court. 

[To the House of Representatives, January 21.] 

I herewith transmit for the information of the general 
court, a series of joint resolutions adopted by tlie general 
assembly of the State of Ohio, on January 12th, 18(51, — 
together with a communication from His Excellency, Gover- 
nor Dennison, of Ohio, transmitting them to the executive 
department of this Commonwealth. 

[To the Senate, January 22.] 

Messrs. John R. Manley, Frederick W. G. May, and F. B. 
Sanborn, executors of the last will and testament of the 
Rev. Theodore Parker, of Boston, have this day in person 
delivered to me two fire-arms formerly the property of Cap- 
tain John Parker, of Lexington, viz. — a large musket, or 
king's-arm, which was captured by him from the British, on 
the morning of the 19th of April, 1775, in the battle of 
Lexington, and which is the first fire-arm taken from the 
enemy in our war of Independence ; and also a smaller 
musket, which was used by him in that battle, while fighting 
" in the sacred cause of God, and his country." 

These precious and venerable mementoes of patriotism 
and valor, rescued from decay and loss by the pious care 
and love of children, in whose hearts as well as veins was 



SPECIAL MESSAGES. 593 

renewed the life of the brave and noble yeoman-soldiery of 
Lexington, were committed by their last jjossessor, in his 
will, " to the proper authorities of the Commonwealth of 
Massachusetts," with the " desire that these relics of the 
Revolutiou may be placed in the senate chamber of this 
Commonwealth, and there sacredly kept in perpetuam rei 
memoriain.''^ 

One of the last acts of the donor, Theodore Parker, before 
his departure from home, when bound on a voyage across 
the seas, was to deposit these valued trophies in one of the 
fire-proof rooms of the state house, for preservation from 
casualty. He never returned. His death, which occurred 
at Florence, in Italy, transferred to the Commonwealth of 
Massachusetts the title to the musket with which his grand- 
father fought for Independence, on Lexington Common, and 
to the old king's-arm, which was the first trophy of the 
Revolution. 

I am proud to be the humble instrument of their trans- 
mission to the senate, in whose chamber it is requested by 
the will that they may be preserved. I know that you will 
receive this gift, assigning to tliem an honorable place 
among the similar relics which illustrate the senate walls. 
And, speaking from my own private knowledge of a man, 
whose rare learning, rarer willingness to impart to others 
his wealth of knowledge, and whose manly virtues it is 
impossible to forget, I may be allowed to assure the Senate 
that I believe that Massachusetts has rarely cradled a son 
who loved his native State, her history, her principles, her 
honor, and her soil, with more romantic devotion than did 
he, whose last gift to her testifies to the patriotism of his 
blood and his name. 

Should the honorable senate be pleased to appoint a 
committee to i-eceive these arms, I shall be happy thus to 
transmit them, and will meet your committee at the council 
chamber for that purpose. 

[To the House of Representatives, January 22.] 

I transmit, herewith, for the information of the general 
court, a communication offering to the Commander-in-Chief 
and the legislature, the services of the sixth regiment, third 
brigade, second division, of the volunteer militia of the Com- 
monwealth, which was this day received by me from the 
hands of Brigadier-General Butler, the same having been 
forwarded by Major-General Sutton. 

I transmit also, a communication simultaneously received 
by me from Major-General Sutton, commanding the second 
division, offering the services of himself and his staff. 



594 SPECIAL MESSAGES. 

[To the Senate, January 24.] 

I herewith transmit, for the information of the general 
court, a copy just received at this department, of certain 
resolutions adopted by the general assembly of the State of 
Virginia on January 19th, 1861, together with the note of 
the governor of that Commonwealth, which accompanied the 
same. 

[To the House of Eepresentatives, January 28.] 

Agreeably to the request of His Excellency Israel Wash- 
burn, Jr., governor of the State of Maine, I herewith transmit, 
for the information of the general court, a copy, received at 
this department, of certain resolutions adopted by the legis- 
lature of that State, respecting a uniform decimal system of 
weights, measures, and currencies, — together with the com- 
munication from Governor Washburn, which accompanied 
the same. 

[To the Senate, January 29.] 

I herewith transmit, for the information of the general 
court, copies received at this department of joint resolutions 
adopted by the legislature of the State of Pennsylvania on 
January 24, 1861, together with a communication from His 
Excellency, A. G. Curtin, governor of that State, which 
accompanied the same ; also of joint resolutions adopted by 
the general assembly of the State of Tennessee on January 
22, 1861, together with a communication from His Excellency 
I. G. Harris, governor of that State, which accompanied the 
same ; also of a resolution adopted by a convention of the 
people of the State of Georgia, (the date of the adoption 
whereof is not specified,) together with a communication 
from George W. Crawford, president of said convention, 
which accompanied the same. 

[To the House of Representatives, February 2.] 

I herewith transmit, for the information of the general 
court, copies received at this department, of joint resolutions 
adopted by a unanimous vote of the legislature of the State 
of Wisconsin on January 21st, 1861, and also of joint reso- 
lutions adopted on January 29th, 1861, by the legislature of 
the State of New Jersey. 

[To the Senate, February 5.] 

Agreeably to the request of His Excellency Governor 
Magoffin, I herewith transmit for the information of the 
general court, copies received at this department of joint 
resolutions adopted by the general assembly of the Common- 
wealth of Kentucky on January 25th and January 29th last. 



SPECIAL MESSAGES. 595 

I transmit, also, a copy received at this department, of 
joint resolutions adopted by the legislature of the State 'of 
Minnesota on January 22d last, together with the commu- 
nication from His' Excellency Governor Ramsey, which 
accompanied the same. 

[To the House of Eepresentatives, February 7.] 

I herewith transmit, for the information of the general 
court, copies received at this department, of joint resolutions 
adopted by the legislature of the State of New York on 
February 5th, instant, together with a communication from 
His Excellency Governor Morgan, which accompanied the 
same ; also of joint resolutions adopted by the legislature of 
the State of Indiana on January 31st last, together with 
a communication from His Excellency Governor Morton, 
which accompanied the same. 

[To the House of Representatives, February 13.] 

I herewith transmit, for the information of the general 
court, a copy received at this department, of certain " Joint 
Resolutions on the state of the Union " adopted by the 
" nearly unanimous " vote of the legislature of the patriotic 
State of Michigan, — together with a communication from 
His excellency Governor Blair, which accompanied the same. 

[To the Senate, February 25.] 

I herewith transmit to the general court a memorial from 
the territorial legislature of Kansas, together with the com- 
munication from His Excellency Governor Beebe, with 
which the same was inclosed to this department. 

[To the House of Representatives, February 25.] 

In accordance with the joint order by which I am requested 
to communicate to the general court " copies of all proceed- 
ings before the governor and council under the resolves of 
1869, chapter 69, concerning the boundary line between the 
State of Rhode Island and this Commonwealth," I have the 
honor herewith to transmit the documents hereunto annexed, 
and marked respectively A, B, C, D, E, and F. 

[To the Senate, March 6.] 

I herewith return " An Act concerning the Eastern Ave- 
nue Corporation " to that branch of the general court in 
which it originated, and I withhold from it the executive 
approval for the reason that by virtue of its second section 
the mayor and aldermen of the city of Boston are empow- 
ered to authorize " so much of said avenue as shall be built 
within the commissioners' line established May 25, in the 



596 SPECIAL MESSAGES. 

year 1853, for solid structures," to "be built solid." Such 
consent on the part of the mayor and aldermen might author- 
ize the corporation to erect a structure which would deprive 
various riparian proprietors from legitimate access to the 
sea ; and might greatly impair the value of their property 
without rendering them any corresponding compensation ; 
and the bill provides no method by which such compensation 
could be secured. 

If the bill had contained a provision to secure the con- 
struction of proper drawbridges and sluiceways, or had 
expressly preserved the rights in respect thereto, which were 
expressed in the charter of the corporation (Acts of 1852, 
chapter 148, section 2), I do not perceive that my objection 
would then apply ; but I am of opinion that by the second 
section of this bill the mayor and aldermen are invested with 
a power to authorize all parts of the avenue within said com- 
missioners' line to be built solid, to the exclusion of draws 
and sluiceways. It may be urged tliat practically there is 
no danger of an abuse of such power by the municipal 
authorities ; but I cannot believe that the legislature 
intended to confer such power at all, nor that it would be 
proper to do so. 

[To the Senate, March 8.] 

I have the honor, in compliance with the request of the 
senate, to communicate the report of the commissioners 
appointed under chapter 66 of the Resolves of the year 1857, 
in reference to certain Indian lands. 

[To the House of Representatives, March 8.] 

I herewith transmit for the information of the general 
court, the report concerning Indians domiciled in this Com- 
monwealth, made by the commissioner appointed in accord- 
ance with the provisions of chapter 266 of the Acts of the 
year 1859. 

[To the House of Representatives, March 15.] 

I have the honor to present to the general court, as a gift 
to the Commonwealth of Massachusetts from one of its 
citizens, certain memorials of great historic interest. 

The home and i-esting place of the ancestors of George 
Washington were until recently unvisited by, and unknown 
to Americans. In the genealogical table, appended to the 
Life of Washington by our distinguished fellow citizen, Mr. 
Jared Sparks, it is stated that Lawrence Washington, the 
father of John Washington, (who emigrated to Virginia in 



SPECIAL MESSAGES. 591 

1657,) was buried at Briiigton ; but though both Mr. Sparks 
and Washington Irving visited Sulgrave, an earlier home of 
the Washingtons, neither of these learned biographers appear 
by their works to have repaired to this quiet parish in 
Northamptonshire. 

Our fellow citizen, the Hon. Charles Sumner, on a recent 
visit to England, identified certain inscriptions in the parish 
church of Brington, near Althorp, as being those of the father 
and uncle of John Washington the emigrant to Virginia, 
who was the great grandfather of the father of his country. 

Earl Spencer, the proprietor of Althorp, so honorably 
known as an early advocate of parliamentary reform, sought 
out the quarry from which, more than two centuries ago, 
these votive tablets were taken, and caused others to be 
made whicb are exact facsimiles of the originals. These he 
has presented to Mr. Sumner, who lias expressed the desire 
that memorials, so interesting to all Americans, may be 
placed where they may be seen by the public, and has 
authorized me to offer them to the Commonwealth, if it be 
the pleasure of the legislature to order them to be preserved 
in some public part the state house. 

I send with this a letter addressed to myself by the learned 
historian of Washington, bearing testimony to tlie great 
interest of these memorials, and expressing the desire that 
they may (Mr. Sumner assenting) be placed in the capitol. 

A letter from Mr. Sumner to Mr. Sparks also accompanies 
this message, describing the church at Brington, and some 
of the associations which cluster around the resting-place of 
the ancestors of our Washington. 

[To the House of Eepresentatives, March 18.] 

I have this day received and herewith transmit to the 
honorable house for the use and information of both branches 
of the legislature, a resolution adopted and approved by the 
executive council of the State of Maine, recommending an 
examination on the part of Massacluisetts of the claim of 
George M. Weston against the Commonwealth, for services 
rendered by him in the settlement of the " Massachusetts 
War Claim" on the general government. 

[To the Senate, March 18.] 

I have the honor to return to the senate a bill entitled 
" An Act granting leave to the First Congregational Society 
in Woburn to use Ministerial Fund." 

Its purpose is to authorize the First Congregational 
Society in Woburn to use for the payment of its debts, a 



598 SPECIAL MESSAGES. 

fund which was devoted fifty-one years ago, by an act of 
February 24, 1810, to the support of the preaching of the 
gospel in Woburn, by an ordained settled minister. And, 
in the act of the general court, incorporating the board of 
trustees in whom the same was thereby vested, it is declared 
that they are " never to alienate, or in any wise alter the 
fund aforesaid." 

At the time of passing the Act of 1810,1 infer, from some 
of its terms, that the town of Woburn constituted a terri- 
torial parish, agreeably to the ancient usage of the older 
towns of Massachusetts ; and that a sum was in the hands 
of the town treasurer, being a surplus of money obtained 
by the sales of pews in a meeting-house then recently built. 
This money was vested in this board of trustees who were 
not only to receive, hold, manage and appropriate the same, 
but also " all other moneys, subscriptions, donations and 
securities for real or personal estate, that might thereafter 
be given, raised or subscribed, and to appropriate the same 
according to the intention and direction of the donor or 
donors within the provisions " of that act. 

The purpose and intent expressly declared, was to devote 
the annual income, whenever it should amount to two 
hundred dollars, and until it should reach one thousand 
dollars, to the support of the ordained and settled minister 
of the congregation. 

If any portion of the fund in question has been derived 
from donations and subscriptions of persons who have made 
offerings to this fund, thus created and with its uses tlius 
limited, I cannot doubt that thus " to alter the fund " with- 
out the consent of the donors, would be to pervert the trust, 
and that the contemplated legislation would be unconstitu- 
tional. 

And although I am advised, informally, that no part of 
the fund thus originated, yet the fact seems to be one of 
importance on every account ; and especially in view of the 
precedent which might be established by our action, — one 
which ought to be judicially ascertained, and not to be 
assumed. 

So far as the fund is the result of the sales of the pews, I 
suppose that the town or parish is to be deemed the creator 
or donor of the fund, and also that the town or society, as 
the case might be, became thereby the cestui que trust or 
beneficiary thereof. 

Still, the fund or property, as to its legal title, became 
vested in the board of trustees ; and the members of the 
board by their acceptance of the trust, became personally 



SPECIAL MESSAGES. 599 

liable for the fulfilment of the trust declared and assumed. 
So too it seems that every person having an interest in the 
proper use of the fund, — as for example, any member of the 
parish, or any ordained and settled minister thereof, would 
have a right, by appropriate legal proceedings to require 
the trustees to fulfil the trust, and also to call them in 
question for any dereliction of duty. 

And, therefore, supposing .the act now being considered 
were to pass through all the formalities necessary to become 
a law, still the trustees might not find themselves free from 
difficulty, should they attempt to pay over the fund to the 
society. Such payment could not be compelled by the 
society ; nor would the receipt of the society in my judg- 
ment operate to discharge the trustees, nor to bar future 
inquiry into their conduct ; nor control the equitable right 
of any person, entitled to any benefit under the trust. 

But perhaps the trustees might assume to pay over the 
fund, incurring voluntarily the hazard, more or less, of 
personal responsibility, which, may in this case, prove to be 
only nominal or speculative and not a real one ; since, 
perliaps, all persons may now and hereafter approve of this 
proposed disposition. Yet, still, I cannot but hesitate, 
however slight the risk, at an act, which is not, I think, at 
all defensible on principle. 

If it were ascertained on judicial inquiry, that the various 
parties interested in this trust desired the fund to be appro- 
priated in the manner asked for by the society, and that the 
trustees concurred therein, it miglit be very reasonable and 
just for a court of chancery of competent jurisdiction to 
give adequate directions by the adoption of the appropriate 
decrees in equity, to that end. But, I think, the matter is 
one plainly of judicial cognizance, and not to be disposed of 
by legislation only. I therefore return this bill, venturing 
to suggest, instead thereof, an act so far modifying the 
seventh section of the act of 1810, as to authorize the 
supreme judicial court to alter the appropriation of the trust 
fund in such manner and to such extent as shall be found 
conformable to the desire of the persons and parties interested 
therein, and the principles of equitable jurisprudence. 

In view of the considerations I have thus hastily and 
briefly referred to, I return this bill without approval. 

I trust that no inconvenient delay may be suffered by the 
petitioners in obtaining the kind of legislation which alone 
it seems to me the nature of the case permits ; and that tlie 
general court will agree with me in the opinion that we can 

33 



600 SPECIAL MESSAGES. 

scarcely guard with too much vigilance or fidelity those 
legacies which to pious or charitable uses are dedicated by 
one generation for the benefit of those who come after 
them. 

[To the House of Eepresentatives, March 20.] 

I have the honor to transmit herewith, for the use of the 
legislature, a copy of the joint resolution passed March 11, 
1861, by the general assembly of the Stale of Indiana, " re- 
questing congress to call a convention to amend the Consti- 
tution of the United States ;" and also a copy of the joint 
resolution of the assembly and senate of the State of Wiscon- 
sin, "expressing the confidence of the people of Wisconsin 
in the present administration of the Federal Government ;" 
together with the letters of the governors of the aforesaid 
States, accompanying said resolutions. 

[To the Senate, March 21.] 

I have the honor to transmit herewith, for the information 
of the legislature, a copy of the joint resolution to amend the 
Constitution of the United States, passed at the second ses- 
sion of the thirty-sixth congress, and approved March 2, 
1861, together with the accompanying certificate of the 
secretary of state of the United States. 

[To the Senate, March 25.] 

I have the honor to transmit to the general court, for its 
use and information, a report just received by me from John 
Z. Goodrich, Charles Allen, George S. Boutwell, Theophilus 
P. Chandler, Francis B. Crowninshield, John M. Forbes and 
Richard P. Waters, Esquires, who were appointed commis- 
sioners on the part of Massachusetts, under a resolve passed 
the fifth day of February last, to attend a convention of del- 
egates from the several States of the Union recently held at 
Washington. 

And I embrace this opportunity to congratulate the people 
of the Commonwealth upon the fidelity, judgment and ability 
with which the commissioners by whom they were repre- 
sented, conducted their share of the duties of that delibera- 
tion. And I trust that a similarly intelligent, manful, and 
at the same time charitable and patriotic adherence to 
principles, fundamental both in morals and politics, will 
characterize the people of Massachusetts and all their repre- 
sentatives, by whatever experiences of danger or difficulty 
their devotion to truth and duty may hereafter be tried. 



SPECIAL MESSAGES. 601 

I ask leave to call the attention of the general court also 
to the fact that, as yet, no provision has been adopted for 
the payment of the expenses incident to the service with 
which the commissioners were charged ; and to recommend 
that a suitable appropriation for that purpose be made at the 
present session of the legislature. 

[To the House of Representatives, March 25.] 

I return to the house of representatives the bill entitled 
" An Act to incoi'porate the Benjamin Franklin Protective 
Life Ljsurance Company," and respectfully present the 
substance of the reasons which have compelled me to invite 
the legislature to reexamine it. 

A serious objection to the bill is found in the difficulty 
(which seems to me to amount to an impossibility) in arriv- 
ing at a definite conclusion as to the proper and legal mean- 
ing, judicially interpreted, of certain clauses in the fifth and 
sixth sections, so obscure that I have been unable to satisfy 
myself of their meaning. I doubt not that the legislature 
will agree with me in the opinion that the disputes, litiga- 
tion and consequent losses likely to follow in case the bill 
should become a law, ought to be anticipated and prevented, 
if possible. 

Certain specific features of the measure, so far as I com- 
prehend it, also deserve specific observation. No elaboration 
of the views of the supporters of the bill has reached me, 
since none is contained in the report which introduced the 
bill to the house, and I must therefore make these observa- 
tions, unaware of the arguments or explanations, by which 
the bill may be susceptible of defence and support. 

1st. This company, though professing to be protective, and 
promising as large returns of surplus premium to the insured 
as any mutual company would have a right to promise, is in 
no sense a mutual company. It is a corporation of stock- 
holders^ to be controlled entirely by themselves, the policy- 
holders^ as such, having no voice whatever in its management. 

2d. Though the stockholders are apparently restricted as 
to the profits on their stock, they are not restricted as to the 
expenses^ and there is nothing in the charter to prevent their 
absorbing, under the name of expenses, every dollar of the 
premium not required to pay losses and keep the capital 
whole. There is, therefore, nothing in the charter to secure 
the policy-holders who pay full mutual premiums any thing 
more than they can now have in mutual companies by paying 
the lower stock rates or some participating premiums. 



602 SPECIAL MESSAGES. 

3d. Purely mutual life insurance companies have been 
proved by experience to be the safest and best for the insured. 
And tliough guarantee capital is necessary to start one, yet, 
as soon as the members have increased to a sufficient number 
of mutual insurers of each other and the premium-reserve 
increased to a sum equal to the capital necessary at first, 
that capital can be safely returned and the insured be relieved 
from the expense of it, inasmuch as the reserve cannot fail 
to be kept good by the accession of new business. This is 
of course beneficial, because, while the guarantee capital 
remains, the policy-holders must pay for its risk and the 
profits it demands, by larger premiums than otherwise would 
be necessary. 

4th. The division into chronological classes contemplated 
in the sixth section, in so far as it secures the independence of 
those classes of each other, is in violation of the mathematical 
principle which gives stability to life insurance ; and it can 
only increase the expense of management, perpetuate the 
necessity of guarantee capital, and besides, by reason of the 
apparent intricacy of the system, tend to disputes and liti- 
gation. That section in effect confers on the same corpo- 
ration of stockholders power to inaugurate, and compels it 
to inaugurate a new life insurance company every five 
years, each company to gain its maximum development 
as to numbers, within a period which cannot exceed five 
years ; from which period it must dwindle until it becomes 
extinct ; and all these companies are to depend for guaranty 
from first to last on the same capital stock. The extra 
hazardous character and expensiveness of this plan are 
sufficiently obvious, while its advantages are not easy to be 
discerned. 

Under the conviction that the whole subject might be 
advantageously reinvestigated by the general court, and that 
the bill may not have received a scrutiny sufficiently critical 
on its original passage, and in the hope that it may be put 
into a new draft before it shall be permitted to become a 
law, I have felt it to be my duty, in its present condition, to 
withhold the executive approval. 

In considering this subject I have regarded in my own 
mind only the relation of the system of life insurance and 
of the proposed law to the good of the public, dismissing all 
thought as to the wishes or supposed wishes of those intend- 
ing to become corporators under the act. For the creation 
of such institutions by law I regard as a delicate and almost 
sacred responsibility. The insurance of human lives touches 



SPECIAL MESSAGES. 603 

society at a point of the tenderest interest.' The idea springs 
from the industrious care, and the frugality and self-denial 
of men and women holding domestic relations, towards the 
sick, aged, infant, or otherwise dependent ones, for whom 
love and duty combine to command their watchfulness and 
providence. It is the resort sometimes of those who are 
helped in trying exigencies, by friendly loans from those 
who dare not, with narrow means, risk alone the hazard of 
accidents affecting the life of the borrower ; and who cannot 
feel that justice to other claims upon them would permit it. 
These institutions are an earnest manifestation of the 
tendency of civilized, humanized men to unite in bearing 
each others burdens ; though not forgetting, however, that 
at last there is a point up to which each one, by an irrever- 
sible law, must bear his burden alone. The usefulness and 
the moral benefits of life insurance, limited to the purposes 
of filial, parental and friendly providence, and to the security 
of honest creditors having a just stake in the life of another, 
are universally recognized. And in proportion to the advan- 
tages derivable from good, safe, and wisely constructed 
institutions, are also the evil, suffering and calamity, the 
disappointment of the confiding, the dismay of the depend- 
ent, the social and individual distress — to say nothing of 
the discredit to the government itself — which are involved 
in the final catastrophe of any such institution illy secured, 
or founded on principles inconsistent with success. 

[To the House of Eepresentatives, March 26.] 

I herewith transmit for the information of the legisla- 
ture, the " Second Special Report of John Milton Earle, 
commissioner under the Act concerning the Indians of the 
Commonwealth, chapter 266 of the Acts of 1859." 



[To the House of Representatives, March 30.] 

I transmit herewith to you, for the information of the 
legislature, the " Twenty-fourth Annual Report of the Board 
of Education." 

[To the House of Representatives, March 30.] 

I very reluctantly return, unapproved, to the honorable 
house, a bill " In relation to Streets on the Back Bay," and 
I respectfully communicate to the legislature the objections 
to the measure in its present form. 

1st, The bill proposes to confirm certain modifications 
and alterations of the various streets and ways on the Back 



604 SPECIAL MESSAGES. 

Bay made by the commissioners ; these streets and ways are 
laid down in the general plan thereof dated January 21st, 
1857, and deposited in Suffolk Registry of Deeds, August 
31st, 1858. But the bill does not refer to any specific 
" alterations or modifications," nor to any plan containing 
them, so that it does not appear what they are which the bill 
proposes to confirm. In view of the fact that the Common- 
v.ealth has made many conveyances of lots and many con- 
tracts to convey lots on the Back Bay according to their 
delineation on the plan dated January 21st, 1857, and must 
henceforth make its contracts and sales by reference to some 
ascertained, defined and accessible plan or representation on 
paper, I think the bill opens a door to the most perplexing 
doubts. But I understand that a plan containing the 
" alterations and modifications " already exists and is on 
record, which, if referred to, would give certainty to the 
intention of the act. 

2d, I venture also respectfully to suggest as to the 
power to " offer " the streets and ways on the Back Bay 
lands to the city of Boston for its acceptance " on such 
terms and conditions as the commissioners may deem expe- 
dient," that the power thus indicated is of unlimited extent, 
seem.s to permit in advance any terms or conditions which 
the city may demand and reserve to no branch of the 
State government the power to disapprove or revise them, 
Tliey are of great importance to the Commonwealth as the 
owner of the lots yet unsold, and also to those persons who 
have become purchasers, and they need to be carefully and 
skilfully guarded, 

I venture these remarks with no want of confidence in 
the judgment or fidelity of the present board of commis- 
sioners, nor of any possible successors, but for the purpose 
of asking the deliberate attention of the general court to 
the unusual extent to which the bill proposes to delegate 
discretionary power, I am satisfied, however, that some 
legislation at the present session to facilitate the acceptance 
of certain of the streets, is very desirable. I understand 
that it is objected on the part of the city that the competent 
power to offer the streets of the city does not ac present 
exist. It is manifestly desirable that certain of them should 
become public highways, in order that those who have pur- 
chased and built may derive the proper benefit of municipal 
care and protection. 



SPECIAL MESSAGES. ^ 605 

[To the Senate, April 10.] 

I am compelled bj objections which I cannot surmount, 
to return to the senate the bill " Concerning exceptions in 
Capital Cases." 

By referring to the ninth section of the one hundred and 
twelfth chapter of the General Statutes, it will be seen that 
ample power is imparted to the court to disallow ^'■frivolous 
exceptions intended merely for delay ^'' and to render final 
judgment and to pass sentence against the prisoner notwith- 
standing them. 

The act which I return denies to the prisoner the right 
to except unless the judges who preside at the trial shall 
" differ in opinion " concerning the rulings questioned, or 
unless they think their own rulings " doubtful and proper 
for further consideration and revision." 

No power to except in capital cases existed in this Com- 
monwealth, within my recollection, until it was granted by 
an act of 1859. The reason was, that at such trials a 
quorum of the supreme judicial court is present and pre- 
sides before the jury, and the presumption was that the 
court giving due consideration to all the points raised at 
the trial, would decide them correctly, and that a re-exam- 
ination by a quorum of the same court would be superfluous. 
So, therefore, for the same reason, the right to move for a 
new trial and the right to sue out a writ of error were not 
considered to exist as of course. The subject is explained 
by the court in the case of John W, Webster, (5 Gushing, 
874,) and in Peter York's case, (9 Metcalf, 93.) 

But the mere fact that a quorum of the court presides at 
the trial, is not conclusive against possible mistake. Nor is 
it at all clear that even the very same justices on careful 
re-examination, after time for reflection and opportunity for 
research afforded both to counsel and to themselves, may 
not change their first impressions, even if originally exist- 
ing in the form of undoubted opinions. Some memorable 
examples of cases in point occur in the history of the 
administration of the most illustrious judges. 

I do not think that counsel while involved in all the 
anxieties and cares of a capital trial, occupying every hour 
of the day during which tlie human brain can work with 
vigor, should be expected always to present their points of 
law with all the fulness and force of argument, and all the 
support of authority which the rights of the citizen and the 
interests of truth may demand. 

And remembering that in other criminal cases, not capital, 
the right of exception exists, subject only to the restriction 



606 SPECIAL MESSAGES. 

I have already mentioned, I cannot believe that the presence 
of several justices, instead of one only, at the jury trial in 
capital causes, is such a guaranty against error, that the law, 
as it now stands, should be altered, — while human lives are 
involved in the event. 

I may be permitted to add that it is at least worth con- 
sidering whether, if any alteration in this respect is to be 
made, it would not be more advantageous to the accused 
citizen to save to him the existing right of exception, with 
its benefits, at the expense of a reduction of the number of 
justices presiding at the trial of the facts. 



His Excellency the Governor, having informed the Senate 
of the reception by him of two Revolutionary fire-arms from 
the executors of the will of the late Rev. Theodore Parker, 
with the request that they be placed in the Senate chamber 
of the Commonwealth, the two branches met in Convention 
in the Representatives' Hall, and received the Governor, 
attended by the Council and other officers of the public 
Departments, when His Excellency formally presented the 
cherished relics, with the following 

ADDRESS. 

[To the Senate and House of Representatives in Convention, January 26.] 

Mr. President and Gentlemen of the Convention : 

In the year 1775 the ancient town of Boston, in New 
England, within which the sessions of the general court of 
Massachusetts are now and for many years have been held — 
then containing but seventeen thousand inhabitants — confined 
to the narrow peninsula which first formed the town — lay 
beleaguered by an irresistible army of British invaders. On 
the fifteenth day of the month of April, 1775, the Provincial 
Congress or Legislature of Massachusetts, which had for a 
few weeks been sitting at the town of Concord, in the county 
of Middlesex, adjourned its sessions. Hancock and Adams 
— Jolin Hancock, whose name stands first inscribed on that 
roll of immortal names affixed to the Declaration of Inde- 
pendence, written — in the words of Daniel Webster — as if it 
had been " inscribed on the blue arch of the heavens between 
Orion and the Pleiades " — and Samuel Adams, who, with 



SPECIAL MESSAGES. 607 

John Hancock, had the honor to be, of all Americans, 
exchided from the proffered pardon of the British crown — 
Samuel Adams, who was the soul of the revolutionary patriot- 
ism of Massachusetts — were dissuaded by the watchfulness 
of their fellow patriots from retiring at the close of the ses- 
sion, to their homes in Boston. The Reverend Jonas Clark, 
of Lexington, one of the most distinguished clerical patriots 
of Massachusetts in our revolutionary age, was a relative of 
John Hancock. To his house Samuel Adams and John 
Hancock — the latter accompanied by Dorothy Quincy, who 
was betrothed to become his wife — repaired for shelter. 
General Joseph Warren of Boston, whose name, patriotism, 
eloquence and fate always bring a quicker throb to every 
patriotic American heart as that name is either spoken or 
read, — watching with the eagle eye as well as the lion heart 
which distinguished that illustrious name, keeping in mind 
all the possible contingencies which surrounded his city and 
his neighborhood, remembering that the American stores at 
Medford had been but recently taken by an incursion of 
British troops, — kept guard over the safety of the arsenal at 
Concord, and over the dearer safety of the precious lives of 
Hancock and Adams at Lexington. On the afternoon of the 
18th day of April some unusual movements were observed 
among the officers of General Gage. At once, without 
delay. General Warren caused expeditions to be organized 
for the purpose of alarming the whole country side, and 
especially of protecting Lexington and Concord from sur- 
prise. At ten o'clock in the evening a light was suspended 
from the belfry of the old North Church. It was answered 
by correspondhig signals from every hill top in Middlesex, 
Norfolk and Essex. It roused the whole yeomanry for many 
miles around from its common centre — all their hopes and 
all their fears. William Dawes, sent over Roxbury Neck on 
horseback, pursuing one route to Concord, gave an alarm 
and added the necessary explanations. Colonel Paul Revere 
started, as soon as the order was given by his superior, across 
the river from Boston to Charlestown, escaping the guard only 
five minutes before the order of General Gage was received 
by the sentinel, which would have made it impossible for 
any citizen of Boston to have passed that night. He soon 
found himself on horseback on the other side, and presently 
pursued by two officers of the British army. His ingenuity, 
as well as knowledge of the neighboring localities, enabled 
Colonel Revere soon to leave his pursuers behind, fast in one 
of the artificial ponds or ditches of the vicinity. He con- 
tinued his own progress, and as he passed along the road 

S4 



608 SPECIAL MESSAGES. 

stopped at every house to give the needful alarm. Reaching 
Lexington, he resorted at once to the house of Jonas Clark, 
the venerable minister of the parish. Eight soldiers had been 
picl^eted there by Captain John Parl^er, who had called his 
company together during the night, alarmed by the signals 
— mustering a hundred and twenty men in the night time — 
to watch over the patriots whose lives were reserved by the 
British crown for the halter, but whom the Lifinite Ruler, 
who sits on the throne of the universe, had reserved for an 
immortal fame. The visit of Colonel Revere to Lexington 
recalled before daybreak seventy of the soldiers belonging to 
the command of Captain Parker, who were suddenly rallied 
on the green, behind the village church. Besides the soldiers 
who had been regathered were several young men of the 
neighborhood, not yet mustered into companies. Presently 
the alarm was given by scouts returning, that the British 
soldiers — the regulars — were on their heels and at the door. 
Hancock and Adams, no longer sheltered by any house, but 
under the arch of heaven, in a remote, quiet, secluded field, 
were preserved by the providence of Him without whose 
care no sparrow falls to the ground. Presently, under the 
command of Major Pitcairn, a corps of eight or ten hundred 
men — who, under the lead of Colonel Smith of the British 
forces, had marclied out from Boston — pressed up on a quick 
run, and brought themselves to a hill within a few rods of 
the village meeting-house. Li a very few moments a firing 
was begun on both sides. The deadly aim of the British 
soldiers, in an affair which was much more a massacre than 
it was a battle, left seven of the seven hundred inhabitants of 
the little town of Lexington — seven of the seventy men who 
had been recalled together by the drum beat at the gray of that 
immortal morning — bleeding and dead upon the church green- 
sward ; and nine more wounded, unable to pursue the fight. 
Outnumbered by an overwhelming force, Captain Parker 
gave the order to his men to retreat as best they could, and 
for each man to look out for his own personal safety. Lnme- 
diately all were dispersed. The British soldiers having been 
summoned to their breakfasts, (having each brought his 
supply of provisions about his person,) halted perhaps half 
an hour, gave three cheers, and pursued their march for 
Concord. The company of Captain Parker rallied again, 
took up their dead and wounded, and with pious care restored 
them to their iiouses, whence they had sallied in the night 
full of hope and the high resolve of patriotic hearts ; and 
then that torn and tattered fragment of the Lexington 
yeoman soldiery returned to the ranks again, and pursued the 



SPECIAL MESSAGES. 609 

retiring British force, in order to have a voice in the great 
transaction about to take place that day upon the banks of the 
peaceful Concord River. The signals and the alarms which 
had spread throughout the neighboring towns, had gathered 
together on the banks of Concord River yeoman soldiers, 
like the men of Lexington, from Dedham on the one hand, 
all around to Salem and Danvers on the other. The men 
of Lexington arrived just after the soldiers of the Province 
had repulsed and driven back the British foe, in season to 
have a hand themselves in the constant and worrying attacks 
made on either side during the British retreat. One hero, 
Jedediah Munroe, fell that afternoon a lifeless corpse, who 
had been wounded in the morning on Lexington Common. 

The affair at Lexington has been recited, Mr. President 
and Gentlemen of the Convention, so many tmies, and by 
such eloquent lips, that I would not dare to trust myself, in 
this presence, witli any repetition of its details. I have 
ventured thus to give you a cursory glimpse of the transac- 
tions of the day in order to recall to your minds the historic 
events and the circumstances which surrounded and attend- 
ed them, connected with which are these precious relics of 
our revolutionary liistory, which in a moment I shall have 
the honor to present, through its special committee, to the 
honorable senate. I ought not, however, to fail to remind 
you of the names of those yeoman heroes who tasted death 
or gave their blood in that morning hour of the American 
Revolutionary cause, to " the cause of God and their coun- 
try." Samuel Hadley, Caleb Harrington, Jonathan Har- 
rington, Jr., Robert Munroe, Isaac Mussey, Jonas Parker 
and John Brown fell on Lexington Common and breathed 
no more. Joseph Comee, Nathaniel Parmer, Ebenezer 
Munroe, Jr., Solomon Pierce, John Bobbins, John Tidd and 
Prince Estabrook, " a negro man," participated in the fight 
on Lexington Common, and gave their blood — flowing to- 
gether in a common stream — an oblation upon the altar 
of all our liberties. Jedediah Munroe fell that day. _ He 
was the man who, wounded in the morning at the affair of 
Lexington, bearing his wound, the pain of which could not 
weaken the ardor of his patriotic purpose, marched with his 
company to Concord and there tasted death among the men 
whose valor and whose sufferings have made the name of 
Concord — linked with that of Lexington — as immortal as 
those of Marathon and Platea. 

Allow me, gentlemen, to remind you that an historic 
reflection reveals to us that there in the little town of Lex- 
ington, with only seven hundred inhabitants, was contained , 



610 SPECIAL MESSAGES. 

au epitome of all our New England life. There was the 
yeoman ; there was the soldier — many of them doubtless 
had fought at Louisburg, at Montreal, and under the walls 
of Quebec ; there was the village mechanic ; there, too, was 
Adams, whose strong sense and burning eloquence had 
shaken the walls of Faneuil Hall ; and there, too, was 
Hancock, the merchant prince and ardent patriot, who gave 
the largest fortune, as well as one of the warmest hearts in all 
New England to the common cause ; there, also, was Jonas 
Clark, the pious, learned, devout and faithful pastor. And 
they were all linked together by the ties of a common pur- 
pose, a common history, a common danger, and a common 
future for themselves and their posterity. 

The affair at Lexington having been ended, so far as 
concerned the active duties of the day, by the retreat of the 
Lexington company, and by the departure of the British 
troops, Captain John Parker followed after the retiring forces, 
and overtook a soldier who had lagged behind his associates of 
the Forty-third Regiment of British Infantry, equipped with 
an old king's arm, a cartouch box with sixty rounds of ball 
cartridges, his knapsack and blankets. Captain Parker 
captured from this soldier his musket and accoutrements, 
and kept them always during his life. The king's arm, as 
also a small musket which he bore both at Lexington and 
Concord on that 19th day of April, 1775, were preserved 
with pious care and patriotic interest by his son, Deacon 
John Parker, and afterward by his grandson, the Rev. 
Theodore Parker, the American clergyman and scholar, by 
whose last will and testament they were devised to Massa- 
chusetts. You will permit me to read to you the item of 
the will of the donor from whose gift the Commonwealth 
receives these precious relics and mementoes of our early 
days : 

" First. To the proper authorities of the Commonwealth 
of Massachusetts I give the two fire-arms, formerly the 
property of my honored grandfather. Captain John Parker, 
late of Lexington, in the county of Middlesex, to wit, the 
large musket or king's-arm, which was by him captured 
from the British on the morning of the 19th of April, 1775, in 
the battle of Lexington, and which is the first fire-arm taken 
from the enemy in the war for Independence ; and also the 
smaller musket, which was used by him in that battle while 
fighting ' in the sacred cause of God and his country ; ' and 
I desire that these relics of the Revolution may be placed 
in the senate chamber of this Commonwealth, and there 
sacredly kept in perpetuam rei memoriamy 



SPECIAL MESSAGES. 611 

The simple shaft which rises from the spot where reposes 
the dust of the men who fell at Lexington, bears an inscrip- 
tion, the first words of which are " Sacred to Liberty and 
the Rights of Mankind." Sacred to liberty and the rights 
of mankind ! The legend also reads, that they fell " in the 
sacred cause of God and their country." May the God of 
battles preserve us and our country from this time forth 
and forevermore, from the awful necessities, the destruction 
and carnage of war. But if the Stars and Stripes of our 
American banner shall ever go forth, followed by the sons 
of those venerated fathers, replacing the old Provincial flag 
of Massachusetts, beneath which fought and Tell the men of 
Lexington — may it always be borne in the cause of God, as 
well as the cause of our country ! And may every inscrip- 
tion on the burial places of our braves bear truthfully the 
legend : ^ Sacred to liberty and the rights of mankind ! " 

And now, Mr. Chairman of the Senate Committee, I have 
the honor to thank the gentlemen representing your honor- 
able board, to whom it was my pride as well as my pleasure 
to send a brief message announcing the reception, by myself, 
from the executors of Theodore Parker, of these ancient, 
historic, and precious mementoes, for the patriotic alacrity 
with which you responded to my executive message ; and, 
also, to render my cordial and hearty thanks for the interest 
manifested by the honorable house of representatives, as 
well as the senate, in this occasion, which connects the 
present hour with the achievements, the sufferings, and the 
brave patriotism of the men and the women of the Revolu- 
tion. 

Through my unworthy hands, being, by the favor of the 
people of Massachusetts, the representative of her execu- 
tive department, it has come to pass that this venerable 
trophy of the valor of Captain John Parker, of Lexington, 
is to be transmitted to the senate. To your hands I present 
it. Let it be placed among the trophies which adorn the 
walls of the senate, to be held there for ever as the memento 
not only of a brave man, but of brave men and of heroic 
women, and also as a memento of the pious patriotism of 
that American scholar, by whose immediate gift it passes to 
the Commonwealth. 

But ah, Sir ! with what words, with what poor speech of 
mine, can I present this humbler musket which spoke by a 
word which was more than a deed, on Lexington Common 
on that immortal morning, for the cause of liberty, of God, 
and of mankind ? With throbbing heart and beating pulse, 
and dewy eye, and trembling lip, I part with this precious 



612 SPECIAL MESSAGES. 

relic. Dear Sons of Liberty who fell on all the battle-fields 
of the Revolution from Lexington all around to Yorktown ! 
dear shades of all our fathers whose hearts burned with a 
love l)road as humanity, and patriotic bravery which no 
taunts, no threats, no powers could ever discourage or cause 
to falter ! be present now, be present always, in every hour 
of your country's danger, in every moment when hearts 
grow faint and knees grow weak ! Be thou immortal, hang- 
ing upon the senate walls ! May the providence of God 
preserve thee from decay, thou precious relic of the first 
battle of our country's liberty, thou almost living and 
speaking witness to the blood of martyrs ! And ! if in 
any degenerate hour Massachusetts should falter or quail, 
may some weird hand beat the old drum that hangs beneath 
tlie roof-tree of the senate, give aim to this arm whicb spoke 
for liberty on the morning of the 19th of April, '75, and 
may it march again before the conquering hosts of rekindled 
patriotism and reinvigorated purpose ! 

Take that, Mr. Chairman ! preserve it as the Jews of old 
did the tables of the Law in the Ark of the Covenant ! 

I know. Sirs, that I need not accompany tliis gift with 
any oration. Our patriotism is rekindled, our hopes of our 
country and our race are revived, by every memory wliich 
brings up in fuller realization and remembrance the heroism 
and faith of those other men and other times. Keep these 
relics sacred, for ever, to the cause of God and of your 
country. 



VALEDICTORY ADDRESS 

OF 

HIS EXCELLENCY NATHANIEL P. BANKS 

TO THE 

G-ENERAL COURT, 
JANUARY 3, 1861. 



The President of the Senate having received a communi- 
cation from His Excellency the Governor, announcing his 
purpose to transmit to the Senate, for the information of 
the Legislature, an Address covering a review of public 
affairs, and suggestions based thereon, it was voted that His 
Excellency be invited to deliver the same in person to the 
two branches ; the House of Representatives having con- 
curred in said vote, a Joint Committee waited upon the 
Governor, who thereupon appeared in the Representatives' 
Hall, and delivered to the Senate and House of Representa- 
tives, in Convention, the following 

ADDRESS. 

Gentlemen of the Senate and 

House of Representatives : 

In many of the principal States of the Union, it is cus- 
tomary for the chief executive magistrate retiring from 
office to present to the legislature a statement of the condi- 
tion of public affairs, with such considerations as his 
experience might suggest. 

In every government in which the inauguration of the 
executive officer is coincident with the meeting of the legis- 
lature, this would seem to be in many respects a salutary 



614 VALEDICTORY ADDRESS. 

regulation. The Constitution of the United States requires 
that the president " shall from time to time give to the 
Congress information of the state of the Union, and recom- 
mend to their consideration such measures as he shall judge 
necessary and expedient." This is usually communicated 
at the commencement of the annual session, and so impor- 
tant is it, and so imperative the rule, from its utility and 
unbroken custom, that a failure to comply with the public 
expectation would seem like a violation of the Constitution 
itself. 

So extended is the government of the United States, and 
so various its interests, that were the inauguration of the 
executive officer and the meeting of congress coincident, as 
in most of the States it is, it would be impossible for the 
president elect to enter upon his duties with a statement of 
such character as congress requires and the Constitution 
commands. 

But with that felicity of adaptation to its purposes, which 
makes it appear, to us, like an inspired instrument ; adjust- 
ing itself with inimitable accuracy, to the minutest and the 
grandest affairs of peace or war ; expanding from ocean to 
ocean, and protecting Continents, as it governs Districts or 
States, the Constitution of the United States, probably with- 
out thought on the part of its framers, appoints the inaugu- 
ration of the President at the close of a session, rather than 
the beginning, and thus offers to the incumbent the better 
part of a year to qualify himself for the important duties 
which custom and the Constitution together demand of him 
at the opening of a session. 

The government of a State, in which the operations are 
less important and complicate, cannot be compared with 
that of the general government, but the practice to which I 
refer would be alike beneficial and convenient in both. 

I well remember my own embarrassment, upon my induc- 
tion into office, from a want of a comprehensive knowledge 
of the details of public business ; and I doubt not my pre- 
decessors were oppressed by a public expectation which they 
did not feel competent to answer. 

A retiring officer has also opportunity to present sugges- 
tions which personal considerations would forbid, either 
upon entering or while remaining in office. 

Considerations of this character, the long continued cus- 
tom of other States, and the fact, that many delicate and 
important subjects have been referred by the legislative to 
the executive department for settlement, which can be 
explained only by those familiar with the principles upon 



VALEDICTORY ADDRESS. 615 

which they have been decided, have led me, although it 
involves a departure from the custom of the State, to pre- 
sent to the legislature, upon my retirement, a statement of 
the condition of public affairs, and the motives by which I 
have been governed during my term of office. 

I entered the office I now hold for specific purposes. My 
acceptance involved the resignation of a public position, 
than which none could be more acceptable, to which I had 
been repeatedly elevated by a most generous and confiding 
constituency, whose favor I shall never recall without 
emotion. 

It was my desire, not less for the interest of those with 
whom I was associated, than of the State, to unite in public 
action all who were substantially agreed in opinion ; and 
to avoid the common danger of our time, the necessity of 
surrendering that which is important and material, in 
consequence of differences of opinion upon subjects of no 
vital moment. 

Differences of opinion previously existing between the 
different branches of the government and different parties 
in the legislature, necessarily led to the failure of many 
measures of more or less political significance and impor- 
tance, and entailed upon the subsequent administration 
responsibilities much greater than would ordinarily arise. 
It is not my province, certainly not my desire, to attach to 
either party, nor to either branch of the government, the 
responsibility for this default. 

Among the more important questions not arising during 
my administration, but entailed by those preceding, I may 
mention that of the Hoosac Tunnel ; the continuation of 
the militia organization ; the franchise of naturalized citi- 
zens ; the controversy between the City of Boston and the 
State, concerning the Back Bay lands ; the Act concerning 
the personal liberty law ; the right of a Judge of this State 
to hold judicial office under the United States ; the Eastern 
lands settlement; the question of boundary between Rhode 
Island and Massachusetts ; the reduction of expenditures ; 
the length of sessions, and many others of like character. 
. All of these subjects have been disposed according to our 
capacity and wisdom, with one exception, to which I shall 
specially call your attention. This is presented in a greatly 
modified form, and will not involve serious difficulty in its 
final adjustment. I am happy to say, that so far as I am 
aware, I leave to my successor the settlement of no important 
matter of legislative or executive character which has arisen 
during my administration. 

35 



616 VALEDICTORY ADDRESS. 

It is my duty to acknowledge my obligations to the legis- 
lators of the three years past, without party distinction, for 
the attentive consideration that has been given to the sug- 
gestions I have presented. Between fifty and sixty of the 
recommendations I have made, have been adopted — many 
of them involving new principles of legislation and all of 
importance to the public service. 

It is with pleasure, also, that I recognize the assistance 
rendered by members of the executive council, especially 
my obligations to his honor the lieutenant-governor, the 
attorney-general", and officers of the various departments of 
the government. 

The financial affairs of the State are in a prosperous 
condition. 

The revenue of the State during the last year amounted to $1,015,000 00 
The expenditures for ordinary purposes of 

government to f 1,005,000 00 

Expenditures for extraordinaiy purposes, 

not provided for, 180,000 00 

Making a total of $1,185,000 00 



And leaving a deficit unpi-ovided for, of . . . . $170,000 00 
There remains unprovided for, on account of extraordinary 
expenditures, not anticipated or provided for during the 
year 1859, the sum of 100,000 00 

Making a deficit for the years 1859 and 1860, of . . $270,000 00 

This deficit does not arise from the ordinary transactions 
of the State, and should not be charged to the current 
expenditures of any one year. They were incurred to meet 
extraordinary exigencies, but one of which is likely to occur 
again during a quarter of a century. This deficit includes 
a part of the cost of consolidating and printing the General 
Statutes ; the cost of extirpating the disease among cattle ; 
the valuation of estates ; aid to the Wesleyan Academy ; 
rebuilding the State Reform School, destroyed by fire, and 
the purchase of the Nautical School ship ; permanent 
improvements of the yard and buildings of the State Prison, 
the protection of the Almshouses against fire, repairing and 
painting the State House and the cost of surveys of the 
Cape Cod Canal. The expenses incurred for these pur- 
poses, many of them unexpected and imperatively demanded, 
cannot justly be charged to the people during any one or 
two years, and ought not to be included in the cost of main- 



VALEDICTORY ADDRESS. 617 

taiiiiiig the government during the past two years.* I 
transmit to the legislature tlie items expended for the pur- 
poses I have named, and recommend that the payment be 
provided for by an equitable apportionment upon the people 
for a term of years. 

The revenue for the year 1861 is estimated at . . . |760,000 00 
The ordinary expenditures for the same year are estimated at 870,000 00 



Leaving a deficit arising from excess of ordinary expendi- 
tures over ordinary income for the year, to be provided 
for by a State tax of $110,000 00 

The liabilities of the State for scrip issued in aid of rail- 
ways, amount in the aggregate to 1)5,527,127.56. For the 
redemption of this scrip, the roads, franchises and pro- 
perty of the several companies is pledged ; to which is 
added 'fl,708,000, existing in the form of sinking funds, 
which are increasing annually by the addition of interest, 
and one per cent, on the amount of the loans. 

The permanent State debt, created for the erection of 
charitable institutions and other permanent objects, is now 
$1,289,000. The Debt Extinguishment Fund, based upon 
the reservation of shares of Western Railroad stock, now 
amounts to $1,252,000, and will soon exceed the debt, which 
becomes due in nearly equal sums from 1862 to 1874. 

The condition of this debt, and the means provided for its 
liquidation, make it impossible that the credit of the State 
should under any circumstances be impaired. The railways 
which are pledged to the State, are valued at not less than 
$18,000,000, and with one exception are in sound condition, 
paying a handsome income, and increasing their traffic and 
value. 

The assessed value of the property of the State just 
determined by the Committee of Valuation, whose judg- 

* Consisting in part of 

Consolidation of the Statutes, not provided for by scrip, . $51,000 00 

Extra Session Legislature, 20,000 00 

Pleuro-Pneumonia, for Cattle destroyed, .... 30,000 00 

Valuation Committee, 16,000 00 

Wesleyan Academy, 22,000 00 

State Reform School, ........ 56,650 00 

Nautical School Ship, 16,500 00 

Public Buildings, 1860, 10,000 00 

State Prison, 7,000 00 

Extra Repairs on State House, 10,000 00 

Surveying Cape Cod Canal, 2,500 00 

1241,650 00 



618 VALEDICTORY ADDRESS. 

ment will doubtless be approved by the legislature, is eight 

HUNDRED AND NINETY-SEVEN MILLIONS DOLLARS, showiug an 

increase in the last ten years of nearly three hundred mil- 
lion DOLLARS ; and the industrial product of the people is 
not less than four hundred and fifty million dollars annually, 
in times of prosperity. 

The entire debt of the State, including state, county, city 
and town debts, funded and unfunded, is f 21,223,000. 

There are very few civilized nations so lightly taxed for 
such valuable privileges, as the people of Massachusetts. 
The entire annual state, county and town tax of the people 
of Massachusetts, in the aggregate, is -17,650,000, or five 
dollars ninety-two cents for each person ; and if to this tax 
we add the portion paid by Massachusetts of the revenues 
of the United States, including for this purpose the customs 
and postal expenses, which amount to $2,301,000, or two 
dollars sixteen cents for each person', it makes in the 
aggregate an annual tax upon the people of Massachusetts 
of $9,951,988, or eight dollars and eight cents for each 
person for the entire direct and indirect taxes of every 
department of this government, local, state and national.* 
The people of England are taxed nearly 15.00 per head ; 
Spain pays about $4.00 ; France, 13.25 ; Russia, $1.50 per 
head, as a national tax alone, not including local assess- 
ments, which would very greatly increase the rate. 

With such property, such income, debts so unimportant 
and taxes so light, compared with advantages enjoyed, it is 
impossible to conceive any condition of public affairs which 
could justly depreciate the financial credit of Massachusetts. 

The schools and collegiate institutions have never been 
more prosperous. The State scholarships are filled by intel- 
ligent and studious young men, and every thing indicates 
that the people are receiving the full advantage of their wise 
appropriations for educational purposes. 

The Museum of Comparative Zoology, of wliicli the State 
is a liberal benefactor, was inaugurated in November. I 

*Acgregate Taxes of Towns, 1858, .... $6,820,110 00 

" " Counties, 1860, .... 580,000 00 

State, 1860, 219,995 00 

Estimated Taxes of the United States Government, . 2,301,877 00 

Total, §9,951,988 00 

Total Tax, §8 08 per capita. 

United States Expenses, 2 16 " " 

County, State and Town, (Mass.,) . . . . f 5 92 " " 



VALEDICTORY ADDRESS. 619 

transmit to the legislature, the proceedings upon that occa- 
sion. Its opening promises all that its most sanguine friends 
anticipated, and it already attracts the attention of scientific 
men everywhere, who predict that it will attain great fame 
among institutions of tliis character. I was gratified to learn 
from the director that nearly one hundred and thirty com- 
mon school teachers are constantly in attendance upon the 
lectures. 

The cost to the State of maintaining the almshouses, has 
been reduced from $171,000, to 1120,000, in 1860. This 
has been effected by a vigorous execution of the laws relating 
to the legal settlement of paupers, and by rigid and wise 
economy in the management of the separate institutions. 

The volunteer militia maintains its well established char- 
acter. Order and disciple distinguished the encampments of 
the last year, with one exception. The number of men 
enrolled is 165,389, an increase of 3,277 since 1859. The 
number in active service is 5,592. There are 71 field pieces 
and 9,365 stands of arms, in the arsenal or distributed to the 
troops. The ordinary expenditure of the department of the 
militia was $59,520, being $3,980 less than the appropria- 
tion, and $4,537 less than in 1859. There is, however, an 
extraordinary charge in this department, for which I am 
responsible. During the last summer. His Royal Highness 
the Prince of Wales honored this country by a visit, accom- 
panied by several eminent men of England. He was received 
with great respect in all parts of the Union which he visited, 
and in some instances most distinguislied honors were con- 
ferred upon him. 

His last visit previous to his embarkation at Portland, was 
at the capital of this State. Considering its relations in an 
earlier period of our history to the English crown, to which 
he is heir apparent, and the decisive part taken here in 
effecting the independence of the colonies, I thought it proper 
to manifest in a public manner, the respect and attachment 
we have for the mother country, with which we still have so 
many ties of language, literature, law and liberty, and 
especially for its distinguislied sovereign. 

The visit of one standing in such important relations to 
the British empire, gifted with a faculty of quick observa- 
tion, a keen sense of justice, and manifesting warm interest 
in our institutions and people, could not be otherwise than 
advantageous to the growing intercourse between English- 
men and Americans. He reviewed a portion of the troops 
of the State on the 17th of October. This was the only 
ovation in honor of the Prince in which the people generally 



620 VALEDICTORY ADDRESS. 

participated. No expenses were incurred except for com- 
pensation to the troops, which amounted to -17,271. 

The sales of Back Bay lands during the past year will 
enable the government partially to carry into effect the law 
in aid of the school fund, the Museum of Comparative 
Zoology, and other educational institutions. Improvements 
are rapidly progressing, and liberal sales will undoubtedly be 
effected during the present year. 

In the early part of the last year, so unpromising did the 
property appear, that sales were impossible at satisfactory 
prices. It is my belief that some occupants of the lands 
would gladly have abandoned their purchases. The com- 
missioners, by grading the streets, grassing the lands, and 
other improvements, altogether changed its appearance, and 
gave to it increased value. The sales already made will leave 
the sum of 1100,000 to be apportioned among the educational 
institutions in August next as follows : — 

50 per cent, to the School Fund, $50,000 00 

20 " " Museum of Comparative Zoiiloffy, . . 20,000 00 

12 " " Tufts College, . . . " . . 12,000 00 

6 " " Williams Colleire, 6,000 00 

6 " " Amherst Colleiie, 6,000 00 

6 " " Wesleyan Academy at Wilbraham, . 6,000 00 



$100,000 00 



The State Prison exhibits a very gratifying improvement 
in its financial management, and in every respect is in excel- 
lent condition. Many improvements have been made for 
the comfort and health of prisoners. These have added to 
the public debt, on account of the prison, -111,200, of which 
$5,700 was expended for windows to give additional light 
and air, and 115-5,500 for an extension of the yard and prison 
walls. 

For the first time for many years, the receipts of the prison 
exceed its expenses. In 1857, there was a deficit of $23,- 
778 ; in 1859, of -$9,173 ; the past year exhibits an excess of 
receipts over expenditures, of $50-1.86. The expenditures 
during this period have been reduced from $96,955 to 
$80,243. The receipts have been increased from $73,167 in 
1858, to 80,747, in 1860. During the last year there has 
been a larger number of convicts than at any time since the 
prison was erected, and it may also be remarked that the 
cost of provisions during the last year has not been less than 
heretofore. The increased number of convicts is accounted 
for by the diminished number of pardons, which have been 



VALEDICTORY ADDRESS. 621 

reduced from twenty-nine in 1857, to nine in 1859, and 
eleven in 1860. 

The warden says in his report, that 

"The financial success of the prison, has not been acliievecl by pursuing 
a penurious course in reducing the quantity or quality of" either provisions 
or clothing. Neither has it been done by sacrificing tlie discipline of" the 
institution ; if such was the fact, our prosperity would be dearly purchased ; 
but on the contrary, I have no hesitation in assuring you that whatever 
may have been our success pecuniarily, it has ever been held a secondary 
consideration, and on all occasions made subservient to the first and most 
important questions of discipline and reformation. It has been accom- 
plished simply by systematizing our affairs, by attending personally to the 
buying of the articles necessary for our consumption, in keeping the men 
constantly employed, and in having those around me whose feelings and 
intei'csts were identified with our prosperity." 

There is less crime at the present time than heretofore. 
A marlced evidence of the decrease of crime, is found in the 
diminished number of re-commitments. Of 198 commitments 
to the State Prison in 1858, thirty-one were re-commitments ; 
in 1859, twenty-four out of 163, and in 1860, but fourteen 
out of 144. 

A still more decisive proof is found in the records of con- 
victions. In five years ending 1852, the number of convic- 
tions was 1,818. In the five years ending 1857, the numl)er 
was 1,651, showing an average annual decrease of 171. The 
recent facts are more striking still. In 1858, the convictions 
were 1,573 ; in 1859, there were 1,438 ; in 1860, there were 
1,369 ; a decrease in these three years of 204. 

The results exliibited by tlie records are confirmed upon 
inquiry, by officers of courts, prosecuting attorneys and 
judges. It must be said also that trials are more speedy and 
convictions more frequent than formerly ; and it is well 
established that railways, telegraphs, the rapid diffusion of 
intelligence by modern improvements, and superior police 
systems, make escape from arrest much more difficult than 
ever before. I am unable to account for this decrease of 
crime, but it speaks in behalf of our systems of education, 
public instruction and police supervision. I commend these 
facts to the attention of the people. 

The long-pending question of boundary between this Com- 
monwealth and the State of Rhode Island, which lias been 
a sul)ject of controversy since the adoption of the Federal 
Constitution, and for the settlement of which judicial pro- 
ceedings were instituted in the supreme court of the United 
States nearly ten years ago, has been adjusted by the adop- 
tion of a conventional line. By authority of a resolve of the 



622 VALEDICTORY ADDRESS. 

general court, of April 5, 1859, the attorney-general and tlie 
counsel for the Commonwealth were authorized, subject to 
the approval and direction of the governor and council, to 
negotiate for the settlement of the judicial controversy by the 
adoption of such a line, to be confirmed by a decree of the 
court; and by act of congress of 1859, the attorney-general 
of the United States was authorized to intervene in the 
proceeding, and to assent to the same upon the part of the 
federal government, it being provided that such line, so 
assented to and confirmed, should be thereafter taken and 
deemed to be the true line of boundary between the two 
States. The counsel for this Commonwealth proceeded at 
once to discharge this trust, and a line was agreed upon by 
the counsel for the two States, which was materially modified 
by the legislature of Rliode Island. But the line, as modified, 
having been assented to and recommended by the counsel 
for the Commonwealth, it has been approved by the execu- 
tive department, and by an order in council the legal repre- 
sentatives of the Commonwealth have been directed to take 
the necessary steps for a final adjustment of the controversy 
in the supreme court, by the entry of a suitable decree. 
The details of this agreement are set forth in the communi- 
cations of the attorney-general and the counsel for the Com- 
monwealth, in the order in council, and the Act of the 
general assembly of Rhode Island, copies of which will be 
transmitted to tlie legislature. 

The adjustment of this controversy has proceeded upon 
the principle of establishing a line which shall accommodate 
the altered necessities of the people of the two States, giving 
to Rhode Island that part of the territory of Massachusetts 
which adjoins and is dependent upon the enterprising city 
of Providence, and to Massachusetts that part of Rhode 
Island whicli is now separated from our own city of Fall 
River by an extremely inconvenient and artificial boundary. 
At the same time precautions have been adopted for properly 
preserving and protecting the rights of property of individu- 
als and corporations on each side. This change of line will 
call for auxiliary legislation at an early day. 

By a Resolve approved December 27, 1859, the governor 
and council were " authorized to adjust, compromise, and 
finally settle all the notes and claims of the Commonwealth 
in relation to the Maine lands, on such terms as the interests 
of the Commonwealth may require, and as may be just and 
equitable to the parties." After a very careful examination 
of this subject by a committee of the council, and a full 
discussion of tlie value of the claims of the State, and the 



VALEDICTORY ADDRESS. 623 

condition of the parties, it was agreed that the sum of 
175,000 secured to the Commonwealth would be a full 
equivalent for the claims under consideration at this time. 
The council came to the conclusion upon examination of 
the accounts and the present value of the lands sold. It 
was ascertained subsequently, upon examination by the 
attorney-general, that the lien reserved by the State would 
probably prove defective, and this strengthened their previ- 
ous opinion, A settlement was made with the parties upon 
payment of $25,000 in cash and -$50,000 in one and two 
years, — the government retaining all the securities it now 
has. I transmit the report of the council to the legislature 
for its consideration. 

The superior court, established by Act of the legislature 
in 1859, has made marked improvement in judicial proceed- 
ings, and in the dispatch of public business. In nearly 
every county, causes are tried during the term of entry, if 
parties are ready, and no complaint of unreasonable delay 
is heard. The number of judges is one less than that of 
the former superior and common pleas courts. It is suffi- 
cient, unless sickness should disable one or more members, 
when the public business must suffer. It will be worthy 
consideration whether on this ground an additional judge 
should not be assigned to this court. 

No payment has been made from the sum set apart in the 
treasury under the name of the ' emergency fund.' 

The Act of 1858 " to increase the amount of specie in the 
Commonwealth," by restraining the banks from making 
loans when their specie is less than fifteen per centum of 
their liabilities, has operated favorably. In the recent 
financial crisis, the lowest aggregate amount of specie in the 
Boston banks exceeded by more than eleven hundred thou- 
sand dollars the amount to which it was reduced in the 
memorable crisis of 1857, notwithstanding their accommo- 
dations to the business community, by loans, has not been at 
any time less than twelve millions in excess of the lowest 
amount of loans at that period — the increase of capital being 
about half that amount. 

The official reports represent the banks of the Common- 
wealth to be in a sound condition, but I believe any legisla- 
tion that would increase the proportion of specie to the 
extent of one-third of the liabilities of the banks would 
increase their security to the public and their ability to 
accommodate the business community without diminishing 
the profits to their stockholders. 

36 



624 VALEDICTORY ADDRESS. 

It is well known to the members of the legislature that 
this State has had an unsettled war claim against the gov- 
ernment of the United States for nearly half a century. In 
1859, a payment of $272,000 was obtained, leaving a balance 
due to the State of $140,000, to which must be added 
$117,000, interest upon the original claim of $843,000, paid 
out of the treasury of the State, previous to 1817. The 
alleged ground of delay in recognizing this just claim has 
been the deficiency of evidence to justify portions of the 
war account. 

A portion of the original documents relating to the war 
have recently been found among the papers of General 
William H. Sumner, who will probably give the State any 
advantage it may desire from these documents, either in 
authenticating the claim now made, or in substantiating the 
documentary evidence heretofore presented. 

General Sumner was actively engaged during the war, 
and at its close became the agent of the State for the prose- 
cution of the war claim at Washington. He served as aid 
to Governor Strong, and superintended the sea-coast defences 
in Maine, and served upon the military board at Washing- 
ton in 1826. He has also communicated to me his desire 
to present to the State a family portrait of General Gage, 
Governor of Massachusetts at the time of the Revolution. 

I very earnestly recommend the appointment of an officer 
to act as private secretary to the governor. Knowing as I 
do the necessity for such assistance, I should do injustice to 
my own feelings did I not press the subject upon the atten- 
tion of the legislature, as one of importance in itself, to 
which no incumbent of the office of governor will feel at 
liberty to speak. I feel it my duty to suggest also, that the 
attempts sometimes made by carefully prepared phraseology, 
to place minor State officers, out of the control of the gov- 
ernor and council, are mischievous and inoperative. The 
legislature cannot place a subordinate officer beyond the 
influence of the executive, unless it be done by express 
declaration of law for that purpose. Yet they are often 
misled, by language which seems to imply that result but 
does not effect it. Legislation made positive in such cases, 
will be for the public advantage. 

Forty-nine pardons of persons committed for crime have 
been granted during the year. Tlie reasons for this clemency 
are given in a report upon this subject. The diminished 
number of pardons has had a good effect upon prisoners, 
and upon the discipline of prisons. There is a change in 



VALEDICTORY ADDRESS. 625 

the cliaracter of convictions and sentences, which is due to 
the course pursued in regard to pardons in some measure. 
Juries rely less upon chances of pardon than formerly ; and 
in eighteen months past the average length of sentences is 
diminished one-fifth — an average of four years instead of 
five years, for the eighteen months preceding. As an 
inducement to good behavior, the governor and council gave 
to the warden the privilege of recommending two convicts 
for pardon, in cases where very marked mental or moral 
improvement had been exhibited. One was pardoned on 
Thanksgiving day, the other on New Year's. Tliis practice, 
if continued, will enlist all the inmates in the work of pro- 
moting good order in the prison. 

The state house in which the legislature holds its sessions 
was erected in 1795, and first occupied in January, 1798. 
Its legislative halls, for the purposes designed, cannot be 
surpassed. The building itself is the central figure of the 
extensive and beautiful valley of the Charles River, as it is 
also when seen from the harbor. No one who approaches it 
from any direction can fail to be impressed by its harmonious 
proportions, graceful outline, and commanding position. 

The commissioners who have superintended the work 
recently done, are entitled to commendation. But in one 
aspect, it presents an unfinished appearance. 

If the dome were gilded, it is said by those of artistic and 
travel-improved taste, it would equal in beauty any public 
building in Europe. The cost of such improvement would 
be $5,500. It would last without protection ten years, and 
might be made to stand for a longer term. No other 
equivalent improvement of the capitol could be eifected by 
so slight an expense. The city of Boston contributes 
largely to the charges for internal improvements in the 
distant parts of the State, and the interior counties of the 
State could gracefully return the courtesies of the metropo- 
lis, by contributing to the architectural improvement I have 
suggested. 

During the first year of my administration, I recommended 
to the legislature the revision of the Act for the protection 
of personal liberty by the repeal of some of its objectionable 
features. I limited my objections to such provisions as 
imposed serious disabilities upon the citizens of the Common- 
wealth in derogation of their rights and the duty of the 
State to them. 

The amendments I suggested relieved our own citizens, 
who, in the exercise of their own lawful pursuits, or under 
the orders of the government itself, might contravene its 



626 VALEDICTORY ADDRESS. 

provisions and subject themselves to expensive prosecutions, 
or dishonorable discharge from public service. It was all I 
was then able to obtain from the legislature. Since this 
period the pendency of legislation in harmony with the 
original law has prevented recurrence to this subject. The 
important events of the time now imperatively demand 
further consideration of the statute. 

Legal advice is sometimes sought for the purpose of 
ascertaining to what extent prosecution can be avoided or 
impeachment prevented, rather than the discovery of what 
is just and right. Adopting rules of construction which 
would govern States standing in jealous or hostile attitudes, 
this Act, as it now stands, altliougli operating in an unfriendly 
spirit against one of the laws of the United States, and 
pressing the rights of the States to the extremest limits, 
might be said not altogether to transcend the powers of the 
legislature. But there is one provision of the habeas corpus 
Act which cannot, within any reasonable rules of constfuc- 
tion, be so regarded. I refer to the sections relating to, and 
regulating, the trial by jury. 

The Constitution of the United States declares that " the 
privilege of the writ of habeas corpus shall not be suspended 
unless when in cases of rebellion or invasion the public 
safety may require it." It is a writ, therefore, to which 
resort may be had in all cases. 

There are offences, for the punishment of which provision 
is made by State and Federal governments, and, in such 
cases, whenever any person is brought before the courts of 
either government it is the province of the court to recog- 
nize the jurisdiction of that government having the offender 
in its possession by priority of arrest or prosecution ; but 
where the process, statute and jurisdiction is exclusively iu 
either government, the other must surrender any claim to 
control the procedure, or qualify the final judgment. 

By the Constitution of the United States ; " No person 
held to service or labor in one State, under the laws thereof, 
escaping into another shall, in consequence of any law or 
regulation therein, be discharged from such service or labor, 
but shall be delivered up on claim of the party to whom 
such service or labor may be due." 

The legislature of this State has not attempted by legal 
enactment to give effect to this constitutional provision. It 
is true, that the statute autliorizing the writ of personal 
replevin provides, that in proceedings under such writ, if it 
appears " that the defendant is entitled to the custody of 
the plaintiff as his child, ward, servant, apprentice, or other- 



VALEDICTORY ADDRESS. 627 

wise, lie shall have judgment for a re-delivery of the body, 
to be held and disposed of according to law." 

But this statute was not intended to carry into execution 
the constitutional provisions for the rendition of fugitive 
slaves, neither would it be admitted that the courts to which 
such writ should be returnable would be required to return 
a fugitive slave to the person to whom his labor or service 
might be due. Such a disposition would not be " according 
to law " of this State. We have, therefore, no statute law 
to give effect to this provision of the Constitution, and we 
cannot under our own legislation even, claim, as in some 
other cases, a common jurisdiction to be determined by 
precedence of arrest or other cause. 

The supreme court of the United States has decided that 
the power of legislation upon this subject is exclusively in 
congress. It declares that the clause of the constitution 
contemplates the existence of " a positive, unqualified right 
on the part of the owner of the slave which no State law 
or regulation can in any way qualify, regulate, control or 
restrain." 

This opinion was pronounced for the court by Mr. Justice 
Story ; it has been approved by the legislature of this State, 
and confirmed by its supreme judicial court. Congress has 
exercised the exclusive power claimed for it, and it must 
be admitted that its enactment upon the subject of fugitives 
from service or labor cannot be annulled, restricted, or 
controlled by State legislation. 

I invite Senators and Representatives, then to look at the 
operation of the sections of the chapter of the General 
Statutes, relating to the writ of habeas corpus^ to which I 
have referred. 

In the first place, they refer to fugitive slaves. No pre- 
sumption shall arise in behalf of the claimant, it is said, 
" from proof that the alleged fugitive, or any of his ances- 
tors had been actually held as a slave, without proof that 
such holding was legal." (§ 21.) 

" When it appears by the return of the officer oi' otlier- 
ivise, that the person whose restraint or imprisonment is in 
question, is claimed to be held to service or labor in another 
State, and to have escaped from such service or labor, the 
court or justice shall, on the application of any party to the 
preceding, order a trial by jury, as to amj facts stated in 
the return, of the officer or alleged^ and may admit said 
person to bail in a sum not exceeding two thousand 
dollars." (§ 19.) 



628 VALEDICTORY ADDRESS. 

" If one jury disagrees, tlie issue may be submitted to 
anotber jury, or continued to tbe next term." (§ 20.) 

In every case of disagreement, anotber jury may be sum- 
moned and qualified " fortbwitb, or at a future day.^^ (§ 20.) 
Tbe court or justice is autborized to admit tbe person wbose 
service or labor is claimed, to bail. (§ 19.) Tbe jury is 
autborized to decide " as to any facts stated in tbe return of 
tbe officer or alleged." Tbe words " or alleged " must be 
understood to mean, alleged by any party to tbe proceeding ; 
for tbe jury niay be demanded by eitber party. Tbe con- 
struction of a \diW for tbe protection of personal liberty 
sbould be in favor of personal liberty. No construction of 
a statute wbicb defeats its obvious ends, can be autborized 
or just wben a different construction equally accordant witb 
tbe words and sense, will enforce and protect tbera. Tbe 
proceeding opens to the jury every question involved in tbe 
general issue, even to the " proof that tbe alleged fugitive 
or any of bis ancestors was or bad been held as a slave, and 
that such holding was legal ; and the jury, by special pro- 
vision is invested witb the power of juries in criminal cases, 
to decide both tbe law and the fact." 

It may be that cases may arise to which these provisions 
may be constitutionally applied, but it does not seem to me 
that they can be held, in any view, not to interfere with and 
control the course of procedure, under a constitutional pro- 
vision and statute which tlie Supreme Court of our own 
State, and that of tbe United States bold to be exclusively 
in the power of Congress. 

It is not my purpose to defend tbe constitutionality of the 
Fugitive Slave Act. Tlie omission of a provision for jury 
trial, however harsh and cruel, cannot, in any event, be 
supplied by State legislation. 

While I am constrained to doubt the right of this State 
to enact such laws, I do not admit that in any just sense it 
is a violation of tbe national compact. It is only wben 
unconstitutional legislation is enforced by executive author- 
ity, that it assumes that character, and no such result has 
occurred in this State. 

No State on tbe Continent has been more faithful to her 
constitutional duties as a government, and especially under 
the Fugitive Slave Act. Her judicial tribunals and her 
legislature have acquiesced in and confirmed the decisions 
of the supreme court of the United States, in tbe case to 
wbicb I have referred. 

Her highest court has enforced tbe law of congress passed 
in pursuance of that decision, unnatural and unjust as some 



VALEDICTORY ADDRESS. 629 

of its provisions seem to be. She has upheld the decisions 
of hei" own courts, recognized the decrees-of tlie magistrates 
of the United States, and the rights of claimants of other 
States, which deny to our citizens their lawful rights. She 
has sustained them all by the strong arm of executive power, 
though the struggle has chilled her warm and generous 
heart. Slie has honored, indiscriminately with other citi- 
zens, those who at the bar enforced the rights of claimants, 
or as soldiers protected them in the possession of property 
to which they had legal rights, without power to maintain 
their possession. It is true, that slie has not thought it 
expedient that important offices in the State and National 
governments should be filled by the same man at the same 
time, and I cannot but approve her wisdom. 

Not only the courts, but juries, have given unimpeachable 
evidence of their devotion to the law. When the master of 
a vessel kidnapped a colored man in one of the maritime 
counties, and sent him, without authority, precept, or officer, 
into slavery, so tenacious was a Massachusetts jury of the 
rights of parties, and so true to their duty as men, that 
under the instructions of a Judge whom I thought worthy 
of the highest judicial commission, they acquitted the 
offender, upon the technical plea that the crime was not 
committed in the same county where the cause was tried, 
and placed upon the files of the court a verdict that tlie 
accused was " not guilty^ by want of jurisdiction." 

It is doubtless true that violence and crime have some- 
times attended the performance of these harsh duties. It is 
equally true, that the same manifestations attend, at times, 
the execution of our own laws, by our own officers. 

It became my duty to recommend to the legislature of 
1859, the modification of the law of 1858, relating to the 
high crime of murder, so far as to include the murder of an 
officer in the discharge of his duty, by express enumeration, 
in the class of murders of the first degree, and I under- 
stand the attorney-general renews the recommendation in 
his report the present year. It is not remarkable that a 
single officer of the government of the United States should 
incur the dangers that surround our own. It was in conse- 
quence of these crimes, occurring in the execution of Na- 
tional and State legislation, that the change in the criminal 
code was suggested. I do not hesitate to say, that as a 
government, in every sense, Massachusetts has been faithful 
to her constitutional duties. 

It is because she has been thus faithful, that I desire to 
see her legislation in harmony with her acts. It is because 



630 VALEDICTORY ADDRESS. 

I do not like to see her representatives in congress, and her 
sons everywhere, put upon the defensive, when they have 
just cause to be proud of her loyalty ; it is because, in the 
face of her just claims to high honor, I do not love to hear 
unjust reproaches cast upon her fame, that I say, as I do, in 
the presence of God, and with a heart filled with the respon- 
sibilities that must rest upon every American citizen in these 
distempered times, I cannot but regard the maintenance of 
a statute, although it may be within the extremest limits of 
constitutional power which is so unnecessary to the public 
service, and so detrimental to the public peace, as an inex- 
cusable public wrong. I hope by common consent it may 
be removed from the statute book, and such guaranties as 
individual freedom demands, be sought in new legislation. 

It is said, I know with some reason, that no change would 
satisfy men engaged in treason and rebellion. We ought to 
remember, however, that South Carolina presents this class 
of laws in her counterfeited Declaration of Independence, 
as the first great wrong her people have suffered, and that 
the removal will obviate her first cause of complaint which 
is made the basis of every other substantive grievance. 

It is said also, that the time is not propitious, that it does 
not become Massachusetts to act under threats. Every State 
maintains its own dignity by doing what is right. A State 
that under threats of coercion, does what is wrong, does not 
greatly suffer in comparison with another, that under simi- 
lar plea, refuses to do what is right ; there is a difference in 
process, but the difference in results is not worth contest. 
Besides, this is not an accepted iVmerican doctrine. 

When France refused to pay an indemnity secured to us 
by treaty, under the pretence tliat she had been threatened 
with war by a President of the United States, her excuse 
was not received as a sufficient explanation. The president 
threatened her again. Congress supported his declarations 
by a war appropriation, and England, as arbitrator, com- 
pelled France to fulfil her treaty stipulations. In fact, the 
comity of States furnishes no such reason for not doing 
what is just; and rulers are permitted less than others, to 
swerve under the influence of bribes or menaces from the 
direct and exact line of right. 

The topic presents considerations of policy also. The 
difficulty in government, as iu life, is to ascertain what is 
right. It is easier to follow than to divine the line of right, 
as wisdom is a higher quality than courage ; and the world 
is full of proofs that an obstinate adlierence to that which is 
impracticable, indefensible and immaterial, often compels 



VALEDICTORY ADDRESS. 631 

the truest and boldest men to surrender that which is just 
in itself and vital to their cause. Our experience in this 
regard will not differ from that of otlier men. 

There are men suddenly lifted from indigence to affluence, 
who never forget poverty in the presence of plenty. So 
men long accustomed to rough government do not readily 
comprehend the policy of rulers, and reluctantly surrender 
the imperfect machinery of opposition for the greater powers 
and higher honors of administration. There may be equal 
advantages in the right of opposition or administration 
according to the preferences or constitutions of men, but it 
will be difficult for the same person or party to monopolize 
both. If we claim the right to administer law, let us 
abandon the machinery intended to obstruct it. 

Conciliation and coercion are twin powers. They grow 
out of and into each other, and neither is perfect by itself 
alone. ''Who demands equity must do equity" — is a 
maxim as old as the civil law, — not merely because it is 
justice, but because it is power also. And I firmly believe 
that so little difference of opinion, — not as to men, perhaps, 
or parties, as to which misrepresentation and excitement 
may mislead us, — but as to what is right, upon the indi- 
vidual and honest judgment of the American people, has 
never before existed. Certainly never an act, so slight in 
itself, touched the hearts of so many millions of people, like 
fire from Heaven, as the recent simple, soldier-like and 
patriotic movement of Major Anderson at Fort Moultrie. 
It shows that there are chords which still touch the univer- 
sal heart ; and if those who occupy stations that are loftier 
only when filled by greater men, could, either by accident 
or inspiration, have anticipated or answered the national 
chords so lately touched, with the patriarchal tenderness and 
the inflexible spirit of Jackson, think you any man South 
or North would have halted in his admiration, however he 
might have faltered in instant obedience ? 

Could it be instilled into every heart by any power, human 
or divine, that the laws of the land were to be enforced 
until they were changed, and that protection and security 
for persons and property which the Constitution and laws 
guarantee secured to the people in the States where they 
reside, I am persuaded that this simple inspiration, which 
every one confesses, would lift the clouds that lower upon 
us, and the resplendent sun of peace would again beam 
upon our land. But misrepresentation, falsehood, calumny, 
perhaps make such expectation impossible. 

37 



632 VALEDICTORY ADDRESS. 

While I would not withhold from the South what belongs 
to that section, I cannot consent that we should yield what 
belongs to us. The right to the territories, so far as the 
people are concerned, must be a common right, and their 
status should be determined upon the rights of men, and 
not upon privileges of property. To base the fundamental 
ideas of government upon property is to change the pur- 
poses of government, and to establish the basis of that 
property upon the right to hold slaves, is to exclude the 
people of non-slaveholding States altogether. It has never 
been conceded as a right, and it ought not now to be 
acknowledged. There is no species of property entitled to 
such protection as will exclude men from territories aside 
from all considerations of property. Neither do I believe 
that a geographical line will give peace to the country. It 
must either by express agreement be restricted to territory 
now in our possession, and not to be applied to that hereafter 
obtained, or the establishment of such line in itself would 
be a signal for the acquisition of foreign territory in the 
south at the cost of foreign war, and the renewal of contests 
for its possession and control, when acquired at the expense 
of domestic peace. Tliat the lapse of time alone, will heal 
all dissensions upon this subject is shown by the efforts made 
to precipitate a revolution in order to secure advantages 
tliat otherwise must fail. 

The doctrines that accompany these revolutionary demands 
are as false and fatal as those for the defence of which revo- 
lution is organized. 

There can be no peaceable secession of States. Whether 
the government is a compact between States or a union of 
the people, it is, nevertheless, a government, and cannot be 
dissolved at the bidding of any dissatisfied party. It has 
pledged its faith to the people of every land, and that pledge 
of faith cannot be broken. It has been sanctified by the 
sacrifice of the best blood of the people, and that sacrifice 
has made it a nation, indissoluble and perpetual. Neither 
can that portion of the continent now occupied by the 
American States be portioned out to hostile nations. By 
w^ar and by purchase every part of the country has acquired 
indefeasible and perpetual rights in every other part. The 
interior will never allow the keys of the continent on the 
ocean and gulf shores to pass into the hands of an enemy, 
nor can the maritime cities or States exist independent of 
the good will and support of the plantation and farming 
communities of the interior. And though we should assent 
to the unnatural and treasonable separation, the generations 



VALEDICTORY ADDRESS. 633 

that succeed us would contend for centuries to recover their 
rights until conquest or annihilation ended the struggle. 

But no such result can follow as the destruction of the 
American government. The contest will be too terrible — 
the sacrifice too momentous. Tiie difficulties in our path 
are too slight — the capacity of our people is too manifest, 
and the future too brilliant to justify forebodings, or to 
excite permanent fears. The life of every man is lengthened 
by trial, and the strength of every government must be 
tested by revolt and revolution. I doubt not that the Provi- 
dence of God, that has protected us hitherto, will preserve 
us uow and hereafter. 



Gentlemen of the Senate and 

House of Representatives : 

I withdraw from the office I hold without regret. To one 
who follows out faithfully and earnestly the many ties that 
bind this government to the people, it brings a burden of 
care, anxiety, and labor, which more than counterbalance 
the high honors it confers on any man. 

My separation from the people of the State, excites a 
different and deeper feeling. It is still, however, a satis- 
faction to know, tliat to whatever part of the country I may 
go, I shall still stand witliin the circle of her influence, and 
in wliatever pursuits I may be engaged, the enduring monu- 
ments of her far-reaching sagacity, her enterprise and capital, 
will everywhere surround me to remind me of my origin, 
and her fame and power. God bless the Commonwealth 
OF Massachusetts ! 



634 



VALEDICTORY ADDRESS. 



TABLE 

Showing the Whole Numher of Convictions in the Court of Common 
Pleas and Superior Court for three years. 



OFFENCES. 


185S. 


1S59. 


I860.* 


Totals. 


Against the person feloniously, . 


60 


74 


82 


216 


" " " not feloniously, . 


241 


226 


236 


703 


" proiDcrty, 


579 


473 


421 


1,473 


" the currency and other criminal 
frauds, 


61 


41 


42 


144 


" public justice, .... 


20 


23 


9 


52 


" the public peace, .... 


2 


7 


9 


18 


*' chastity, morality and decency, 


212 


231 


234 


677 


" public policy, .... 


383 


338 


311 


1,032 


Other offences, 


15 


25 


25 


65 


Totals, 


1,573 


1,438 


1,369 


4,380 



* For year ending September 30, 1860, and including the last three months of the 
year 1859 — the cases within those three months being returned for both years in this 
table. See Address to Council, 1859, p. viii., for earlier records of convictions. 



ACTS AND EESOLYES 



PASSED AT THE 



seco:n"d sESSioisr 



citeral €sx\xi 



18 6 1 



TOGETHER WITH 



THE GOVERNOR'S ADDRESS. 



1^" The General Court of 1801, in virtue of a Proclamation of His 
Excellency the Governor, assembled in the State House on Tuesday, the 
14th day of May, to deliberate upon the condition of Public Affairs in 
the United States, and was prorogued on Thursday, the 23d day of said 
month. 



ACTS, 

SECOND SESSION", 
1861. 



An Act to provide fok a sinking fund. Chap. 209 

Be it enacted by the Senate and Hou^e of Representatives, in General 
Court assembled., and hy the authority of the same, as folloivs : 

Section 1. Tlie treasurer and receiver-a-eueral shall, on Treasurer to re- 
the first day of January, in the year eighteen hundred and scrip, and u. s. 
sixty-three, make a report to the legislature of the Common- ^"'"^ ^^'^^^^^ ' 
wealth, of all scrip or certificates of del)ts issued pursuant 
to an act entitled "An Act to provide for the maintenance 
of the Union and the Constitution," and the act in addition 
thereto, passed at the present session of the legislature : he 
shall at the same time report the amount of all scrip or cer- 
tificates of debt of the United States which shall have been 
received by this Commonwealth, from the United States, 
under the provisions of said acts or of either of them, and of 
the actual market value of said scrip or certificates of debt 
at the date of such report. All scrip or certificates of debt scwpand «se of 
received under the provisions of said acts respectively, shall ^I'^fi"*'*- 
be pledged and held as a part of the sinking fund hereby 
created ; and the principal of the same shall be applied for 
the redemption and payment of the scrip or certificates of 
debt issued under the act in pursuance of the provisions of 
which the same was received. 

Section 2. There shall be raised by taxation, in each Taxation for re- 
year, commencing with the year eighteen hundred and LTip'l'how de'ter- 
sixty-three, a sum equal to one-tenth part of the difference ™'°'''*- 
found by the report of the treasurer as above provided, to 
exist, between the amount of scrip or certificates of debt 
issued under said acts, and the actual market value of the 
amount of scrip or certificates of debt in the treasury of the 
Commonwealth, or stated in such report ; and the sum so 
raised from year to year shall be pledged and held as a 
sinking fund, to be invested as the legislature shall direct, 



638 



1861.— Chapters 210, 211, 212. 



Special jus- 
tices, appoint- 
ment, powers 
and compen- 
sation. 



and applied for the redemption and payment of the scrip or 
certificates of debt issued by this Commonwealth, under the 
acts in the first section mentioned. Approved May 21, 1861. 

Chap. 210 ■^'^ ^^^ ^^ RELATION TO THE POLICE COURT OP THE CITY OF B08TOX. 

Be it enacted, &;c., as follows: 

Section 1. The governor may, with the advice and con- 
sent of the council, appoint and commission two special 
justices of the police court of the city of Boston. Either of 
said special justices may, upon the request of the justice of 
the police court whose duty it may be in rotation to hold 
any term of said court, or in case of the sickness or absence 
of such justice, or a vacancy, then upon the request of the 
other justices of such court, hold any term thereof: such 
special justices shall receive no compensation from the Com- 
monwealth, but shall receive from the justice whose duty 
they perform a proportionate part of his salary for each 
day's service. 

Section 2. This act shall take efifect upon its passage. 

Approved May 21, 1861. 



Chap. 



state tax for 
1861. 



211 -^^ ^^^ ^^ AMEND CHAPTER ONE HUNDRED AND TEN AND CHAPTER 
ONE HUNDRED AND NINETY, OF THE ACTS OF THE YEAR ONE THOU- 
SAND EIGHT HUNDRED AND SIXTY-ONE. 

Be it enacted, §'c., as follows: 

Tax in North SECTION 1. Chapter one hundred and ten of the acts 
portloMal"''^ *^' of 0"e thousand eight hundred and sixty-one, is hereby so 
amended that the amount apportioned according to the 
provisions of said act, of a tax of one thousand dollars upon 
the town of North Reading, in the county of Middlesex, 
shall be sixty-six cents. 

Section 2. Chapter one hundred and ninety of the acts 
of one thousand eight hundred and sixty-one, is hereby so 
amended that the tax assessed upon said town of North 
Reading, as its portion of the state tax for one thousand 
eight hundred and sixty-one, shall be one hundred and 
ninety-eight dollars. 

Section 3. Tliis act shall take efifect upon its passage. 

Approved May 21, 1861. 

Chan. 212 '^'^^ -^*^^ '^^ repeal chapter forty-three of the ACTS OF THE 
^ YEAR EIGHTEEN HUNDRED AND SIXTY-ONE. 

Be it enacted, Sj'c, as follows : 
V. s. notes, act The act entitled An Act to authorize the treasurer and 

for indorsement . ^ j • i n t t-t • -, r~< i • 

repealed. rcceiver-generai to indorse notes of the United States, being 

chapter forty-three of the acts of the year eighteen hundred 
and sixty-one, is hereby repealed. Approved May 21, 1861. 



1861.— Chapters 213, 214, 215, 216. 639 

An Act to enable banks to purchase government securities. QfiQV) 213 

Be it enacted, §'c., as folloivs : 

Section 1. Loans directly made by any bank to the "Debts due," 
Commonwealth or to the United States, and notes or scrip exSterfrom"^' 
of the Commonwealth or United States, held by any bank 
and directly purchased by such bank from the Common- 
wealth or United States, shall not be deemed debts due 
within the meaning of the twenty-fifth' section of the fifty- 
seventh chapter of the General Statutes. 

Section 2. This act shall take effect upon its pa.ssage. 

Appro ved_May 21, 1861. 

An Act in relation to the case of levi baker versus henry a. nhnvi 914 

WISE, governor. -t ' 

Be it enacted, §"c., as follows : 

Section 1. The governor, with the advice of the coun- Executive may 
cil, is hereby authorized to take such measures as in his s'^^^J^Tu. 1° 
judgment may be necessary, to cause an appeal to be taken 
from the judgment of the court of appeals of the State of 
Virginia, in the case of Levi Baker versus Henry A. Wise, 
governor of Virginia, and such measures as he may deem 
necessary to insure the prosecution of such appeal, before 
the supreme court of the United States. 

Section 2. This act shall take effect upon its passage. 

Approved May 21, 1861. 



Chap. 215 



An Act to amend section third of the act to secure a uni- 
form description and appraisal of estates in the common- 
wealth, FOR the purpose OF TAXATION. 

Be it enacted, Sfc, as follows: 

The third section of the one hundred sixty-seventh chap- Table of aggre- 
ter of the acts of eighteen hundred sixty-one, is hereby ^^"''• 
amended so as to require that the assessors shall fill up 
the table of aggregates, by inserting under the third head, 
the total value of personal estate ; and under the fourth 
head, the total value of real estate. Approved May 21, 1861. 

An Act to provide for the maintenance of the union and the ryr,^^ oi « 

CONSTITUTION. ^tiap. Zl^ 

Be it enacted, Sfc, as follows : 

Section 1. The contracts, obligations, and agreements Acts of goyernor 
heretofore made by the governor or the executive council, lroops,^rat°i}Si°^ 
or any officer or person, with his or their sanction and 
authority, and all expenditures, payments and disburse- 
ments made by the governor or the council, or under his 
or their authority and direction, for the furnishing of troops 
for the defence of the United States, or for arming, equip- 

38 



640 1861— Chapter 216. 

ping and disciplining, and for the transportation and subsist- 
ence of the militia of this Commonwealth, or in any way 
connected therewith, are hereby ratified and confirmed, and 
all acts done by the governor and the council, or under his 
or their direction, are hereby approved, ratified and con- 
firmed. 
Discretionary SECTION 2, Thc ffovernor, with the advice of the coun- 

power conferred .,., , i-ipii i i- i 

upon executive, cil, IS hereby vested with lull power and authority to take 
such measures as may be deemed best to provide for the 
arming, equipping and disciplining, and for the transporta- 
tion and subsistence of so much of the military force of this 
Commonwealth as may, in his judgment, be needed for 
defending, sustaining and maintaining in its full integrity, 
the authority of the government of tlic United States, and 

May appoint the coustitutioii aiid laws thereof; and to this end he may, 
with the advice of the council, appoint and commission all 
needful officers and agents, and may fix their rank and pay. 

Powers to negoti- SECTION 3. The ffovemor and council are hereby autho- 

ate with United • -i i "" i • t liiii 

States, conferred, rizcd aiid empowcred to negotiate, adjust and settle all 
questions, accounts, matters and things between this Com- 
monwealth and the United States, in any way arising from 
or growing out of the contracts and expenditures in the 
preceding sections mentioned, and out of the expenditures 
which may be made under the provisions of any act to 
provide for the public defence, or for the discipline and 
instruction of a military force. 
May pay troops SECTION 4. Thc govcmor, with the advice of the council, 
remunera"tfo^n °^ is hereby authorized to pay out of the fund created under 
with u. states. j.|^-g ^^,^^ ^^^y ^f ^j^g troops of tliis Commonwealth which 

have been or may be mustered into the service of the United 
States, during the whole or any part of the time of such 
service, and to make any arrangements for the reimburse- 
ment of such payments out of the treasury of the United 
States, as may be agreed upon between him and the federal 
government. 
Union Fund, ere- SECTION 5. For the purposc of meeting the expenses 

ation of, and is-. , i,i- -, -, i- ,i ,, 

sue of scrip au- incurrcd and to be incurred under this act, and any act to 
""^"^ ■ provide for the public defence, or for the discipline and 

instruction of a military force, in the third section of this 
act mentioned, there shall be created a fund which shall be 
called the Union Fund ; and the treasurer of the Common- 
wealth is hereby authorized to issue scrip or certificates of 
debt, in the name and on behalf of the Commonwealth, and 
under his signature and the seal of the Commonwealth, to 
an amount not exceeding three millions of dollars ; and the 
proceeds of such scrip so issued shall be passed to the credit 



1861.— Chapter 217. 641 

of said Union Fund, and the same is hereby appropriated 
for the purpose of paying all liabilities incurred or to be 
incurred under this act and the acts herein mentioned ; and 
the governor is authorized, from time to time, to draw his 
warrant upon the treasurer for so much as may be needed. 

Section 6. Such scrip or certificates of debt shall bear interest, rate of 
interest not exceeding six per cent, per annum, payable l^^ ^°'" ^*^*' 
semi-annually, on the first days of January and July in 
each year, and may be issued at such times and in pieces of 
such amount, as shall be fixed by the governor and council. 
All such scrip issued in pieces of five hundred dollars or 
over, shall have interest warrants attached thereto signed 
by the treasurer. Scrip for smaller sums shall be issued 
without such warrants, but bearing interest payable semi- 
annually on presentment to the treasurer. Such scrip or Redemption of 
certificates of debt shall be redeemable in not less than ten ^''"^■ 
nor more than thirty years from the first day of July, A. D. 
eighteen hundred and sixty-one, and not more than five 
hundred thousand dollars shall be redeemable in any one 
year ; and the same shall be countersigned by the governor, 
and be deemed a pledge of the faith and credit of the Com- 
monwealth ; the treasurer may, from time to time, dispose Disposal, treas- 

f. 1 i» ii 1 11 1 • J 1 xi ui'er to advertise 

01 so much 01 the same as shall l)e required, under tlie for proposals, 
direction of the governor and council, and for that purpose 
shall advertise for proposals for so much of the same as may 
be needed, bearing interest at a rate not exceeding six per 
cent, per annum. 

Section 7. This act shall take effect upon its passage. 

Approved May 21, 1861. 
An Act est addition to an act to provide for the maintenance Qhn'V) 217 

OF THE UNION AND THE CONSTITUTION. ^' 

Whereas, The people of Massachusetts regard with like Loyalty affirmed, 
feelings of loyalty and affection the government of the 
United States, and that of their own Commonwealth, and 
deem it fit that the arm of each should be strengthened by 
all which the other can give : 

And whereas^ Some emergency may arise, during the Emergency con- 
recess of the legislature, in which the aid of Massachusetts ""p*^® ■ 
may be of service to the general government in its financial 
arrangements : therefore 
Be it enacted, ^'c, as folloios : 

Section 1. The governor, with the advice of the council. Governor may di- 
at any time during the recess of the legislature should such plyabtrin^Ton- 
emergency arise, is hereby authorized to direct the treasurer don or Boston. 
and receiver-general of the Commonwealth to issue scrip or 



642 1861.— Chapter 218. 

certificates of debt in the name and on behalf of the Com- 
monwealth, and under his signature and the seal of the 
Commonwealth, for such sums not exceeding in the aggre- 
gate the amount of seven millions of dollars, payable at 
such times and with such interest, not exceeding six per 
cent, per annum, as the governor, with the advice of the 
council, may direct. Said scrip or certificates of debt may 
be expressed in the currency of Great Britain or of the 
United States, and made payable in London or Boston, as 
the governor, with the advice of the council, shall direct ; 
the interest shall be payable semi-annually, and interest- 
warrants, signed by the treasurer and receiver-general shall 
be attached thereto. Said scrip shall be countersigned by 
the governor of the Commonwealth, and be deemed a pledge 
of the faith and credit of the Commonwealth for the 
redemption thereof. 
May loan to, or SECTION 2. The scrip to bc SO issucd may be sold in such 
wUhfuf s/gov'^ manner as the governor shall direct, and the proceeds 
ernment. thcrcof loaucd to the government of the United States, or 

expended in purchasing from the government of the United 
States its treasury notes, or other evidences of indebtedness, 
or said scrip may be delivered to the secretary of the trea- 
sury of the United States in exchange for obligations of the 
United States government of corresponding amount. 

Section 3. This act shall take effect upon its passage. 

Approved May 21, 1861. 

Chap. 218 -^^ ^^"^ ^^ FURTHER ADDITION TO AN ACT FOR THE MAINTENANCE 
^ ' OF THE UNION AND THE CONSTITUTION. 

Be it enacted, ^c, asfolloios: 

Pay of troops. SECTION 1. Tho govcmor, With the advico of thc couucil, 
is hereby authorized to pay out of the Union Fund any of 
the troops of this Commonwealth, which have been mustered 
into the service of the United States during the time which 
elapsed from their reporting themselves for service, in pur- 
suance of the order of the governor, and the time when 
they were actually mustered into the service of the United 
States ; such pay shall be the same as that of the same 

Chaplains. troops in the service of the United States. He shall also 
have authority to pay such chaplains as have been or may 
be appointed to any of the regiments of the troops of Massa- 
chusetts which have been or may be mustered into the 
service of the United States, such pay to be the same 
allowed in the United States service. 

Powers of execu- SECTION 2. The govcmor and council shall have the 
same powers with regard to the expenditures provided in 



1861.— Chapter 219. ' 643 

this act as are given them in the third section of the act to 
which this is in addition. 

Section 3. This act shall take effect upon its passage. 

Approved May 22, 1861. 



An Act to provide for the discipline and instruction of a QJidp^ 219 

MILITARY force. 

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

Section 1. The governor, with the consent of the coun- camps, estabiish- 

, o 7 1 , . 1 ment authorized. 

cil, is authorized and empowered to estabhsh one or more 
camps in suitable places within the Commonwealth, for the 
instruction and discipline of such military force as may be 
placed therein under the provisions of this act ; and may 
procure suitable structures, tents, camp equipage, utensils, 
uniforms, arms and equipments for the accommodation and 
use of not exceeding five regiments and one battery of 
artillery of six pieces ; and may, from time to time, order occupancy de- 
into said camp or camps, to be kept therein for such period ^°'"^- 
of time as he may deem expedient, any such companies or 
regiments now organized, or which shall be hereafter organ- 
ized, not exceeding five regiments and one battery of artil^ 
lery of six pieces, at any one time, as he may select, for the 
purpose of being instructed and disciplined. 

Section 2. For the purpose of establishing such camp or Land for camps, 
camps, the governor, with the advice of the council, shall """^ '^°^^^^^^ ■ 
have power to contract for the use and occupation of the 
land needful therefor, with the owners thereof, at such a 
rate of rent or compensation as shall be agreed upon, and if 
a suitable site or sites cannot otherwise be obtained, the 
governor, with the consent of the council, may cause suffi- 
cient land for such camp or camps to be taken into the pos- 
session of the Commonwealth, and occupied for the purposes 
of a camp or camps, and may enter upon and occupy the 
same, either with or without the consent of the owner of 
the same ; and the county commissioners of the county in compensation to 
which such lands shall be, shall fix and determine the tomii^^d. 
value of the occupation of such lands per month, and at the 
end of each month of such occupation, the amount of such 
allowance shall be paid to the owners of such lands respec- 
tively. Notice shall be given by the county commissioners 
of the time and place, when and where they will proceed to 
adjust the said value, and from their judgment an appeal 
may be taken in the same manner as appeals from the judg- 
ment of said commissioners fixing damages for lands taken 
for highways. 



644 



1861.— Chapter 219. 



Enlistment for 
three years, and 
upon requisition 
of president of U. 
S., conditions of 
camp service. 



Organization, 
drill, etc. 



Governor may re- 
organize. 



Rules for govern- 
ment defined. 



Commanders of 
camps, appoint- 
ment, powers and 
rank. 



Instructors, how 
appointed, etc. 



Section 3. No such companies or regiments shall be 
placed in said camp or camps until all the members thereof 
shall have agreed by articles in wfiting that if they shall be 
detailed at any time, to be mustered into the service of the 
United States by the governor, upon the requisition of the 
president, they will enter into and remain in said service 
three years, unless sooner discharged by order of the presi- 
dent ; or that if at any time the president of the United 
States shall call for volunteers for the service of the United 
States, and any portion of said volunteei's are allotted to 
Massachusetts as her quota of the same, then that the gov- 
ernor may detail them, or any portion of them that he may 
select to answer such call, and that they thereupon will enter 
and remain in such service for such time as said call may 
require, not exceeding three years, and that they will sign 
such papers and do such acts as may be necessary to make 
such enlistment effectual and binding ; and that whilst in 
the service of the United States, they will be subject to all 
the laws of the United States, and all the rules and regula- 
tions of said service. 

Section 4. The formation, organization, drill and tactics, 
of the military force while in camp, by virtue of this act, 
shall in all respects conform to the provisions of the laws of 
the United States, or to any order which may be made by 
the commander-in-chief; and the men sliall conform, so far 
as practicable, to the standard established for enlistment in 
the regular service of the United States ; and the governor 
may make such changes in the men and officers in the 
several companies to be placed in camp, or detailed to be 
ordered into the service of the United States, as may be 
necessary to produce conformity to the regulations of the 
United States, 

Section 5. The military force while in the camp or 
camps established by this act for discipline and instruction, 
shall be subject to the rules and articles for governing the 
militia in actual service. 

Section 6. The governor, with the consent of the coun- 
cil, may appoint a suitable person, removable at his pleasure, 
to have the command of each camp, established by virtue 
of this act, who shall be subordinate only to the commander- 
in-chief, with such rank and such powers and duties as the 
governor may from time to time prescribe ; and such person 
so appointed for such command may, with the approval of 
the governor and council, appoint one or more suitable 
persons for the instruction, under his orders, of the officers 
and men in the camp under his command ; and the officers 



1861.— Chapter 219. 645 

and instructors who may be appointed under the provisions 
of this section shall be commissioned by the governor, with 
such rank and pay as shall be determined by the governor 
and council. 

Section 7. The authority of the officer or officers in Jurisdiction one- 

.' . 1 J 1 fourth of a mile 

command ot the camps respectively, may be extended by around camp, 

1 i» , 1 n • 1 • /• i T i r x" ii how established 

order of the commander-m-chiei to a distance oi one-iourtn and conditioned. 
of a mile around such camps, and upon such external space 
no persons other than the owners of the same with their 
servants, for the purpose of occupying and improving the 
same in the same manner and way they occupied and 
improved the same at the time such camps shall be estab- 
lished, shall be allowed to enter, except under such rules as 
shall be established by the commanding officers of the camps 
respectively, with the approval of the governor, or by special 
permission of the officer in command for the time being, or 
some officer by him designated ; and if any person shall so 
enter he may be immediately expelled. 

Section 8. The privates while in said camp shall be f^^sfsteniefhow 
entitled to the same pay, clothing and subsistence as privates determined! 
in the army of the United States : and the officers, except 
those whose pay is specially provided for in this act, shall 
receive such pay as shall be fixed by the governor and 
council, but in no case higher pay than that of a captain in 
the army of the United States. Such payment shall be 
made monthly, unless such troops or a portion of them shall 
be mustered into the army of the United States, in which 
case the portion so detailed shall be entitled to be paid up 
to the day when they are mustered into the service of the 
United States. 

Section 9. The governor, with the consent of the coun- Paymaster, ap- 

• •-,,■>■, n -11 pointment and 

cil, may appoint, commission and nx the pay oi a suitable duties of. 
person, removable at pleasure, as paymaster for the camps 
established by virtue of this act, whose duty it shall be to 
receive from the treasurer, upon the order of the governor, 
and pay over, all moneys which shall become due to the 
officers, instructors and men in such camp under the pro- 
visions of this act ; and such paymaster, before entering Bond, 
upon the duties of his office, shall enter into bond to the 
Commonwealth of Massachusetts, in such sum as the gov- 
ernor shall direct, with such sureties as he shall approve, to 
be evidenced by his indorsing approval on such bond, con- 
ditioned for the faithful application according to law, of all 
moneys he shall receive by virtue of his office, and which 
bond shall be filed in the office of the treasurer ; and in 
case of breach of conditions of said bond, such paymaster 



646 1861.— Chapter 219. 

Breach of condi- shall be prosBCuted by the attorney-o-eneral, under the direc- 
tions, prosecu- ,. /• ji x 
tion for. tion 01 the treasurer. 

Returns of ser- SECTION 10. Tlio commandiuff officers of the several 

vice to be made .. in i ^ii i_ p^^i 

monthly. compaiiies in camp shall make monthly returns oi the ser- 

vice of the several members thereof, to the commanding 
officers of their regiments respectively, and such command- 
ing officers shall make returns of their regiments to the 
commanding officer of said camps respectively, which returns, 
with a return of the services of all officers and instructors 
in said camps respectively, shall be transmitted to the 

Warrant in favor adjutant-gcncral, aud the governor shall draw his warrant 

paymaster. n^Qutlily, upou the trcasurcr, in favor of the paymaster for 

the pay for the same, according to a pay-roll, which shall be 

furnished by the adjutant-general, based upon the returns 

made as above provided. 

Militia position SECTION 11. Companies, battalious and rcgimcnts of thc 

of volu,nte6rs to ■'■ 

be unchanged, voluutecr militia, who shall volunteer to go into the service 
of the United States, shall upon the expiration of such 
service, hold the position in the volunteer militia which they 
held when they volunteered into such service, unless other- 
wise provided by law. 
bi^trofnon-resi- SECTION 12. Any suitable person may be elected or 
dents. appointed as an officer in the volunteer militia, and the fact 

that any such person elected or appointed is not a citizen of 
this Commonwealth shall not disqualify him from receiving 
his commission or warrant. 
Fitness to be de- SECTION 13, If at any timc any persou sliall bc elcctcd OF 
ernor."^^ ^ ^°^" appointed as a commissioned officer, who in the opinion of 
the commander-in-chief is unfit for actual service, the com- 
mander-in-chief shall withhold his commission and order a 
new election or appointment. 
Vacancies, when SECTION 14. Tlic Commanding officer of any regiment or 

abroad,how filled , . . . . , °^ i i i 

battalion in service without the Commonwealth may order 
an election of any commissioned officer to fill any vacancy 
which may occur in his regiment or battalion, or the com- 
panies attached thereto ; and such officer may enter forthwith 
upon his duties. 
Quartermaster, SECTION 15. Tlic commander-in-chicf may appoint and 

commissary and .. tt, • ,i i i x- r 

surgeon-generals commissiou, aud determine the rank and compensation oi a 
additio^^ai°'^gOT- quartermaster-general, commissary-general, surgeon-general, 
ernor may ap- g^,j(j g^^^jj otlicr Staff officcrs, iu addition to those now bylaw 

point and direct. . . ' . . ^ , "^ . 

existnig, as in his judgment the exigencies of the service 
may require. These officers shall be removable at will, and 
the office may be suspended at any time by the commander- 
in-chief, who may likewise prescribe the duties of all such 
officers, and the limitations of their respective powers, any 



1861.— CHArTER 219. 647 

tiling in existing laws to the contrary notwithstanding. 
Any of the officers so appointed may, with the approval of 
the commander-in-chief, apj)oint such assistants as their 
departments shall require, who shall be commissioned and 
their compensation determined by the commander-in-chief. 

Section 16. Whenever a requisition or call shall be Requisition of 
made by the president of the United States for a portion of erTor may^au- 
the militia of this Commonwealth, the governor may answer ^'^''''• 
such requisition or call, by detailing the whole or such part 
of the force disciplined under the provisions of this act as 
may be needed to satisfy such requisition or call, and the 
same may be marched without the limits of this Common- 
wealth. 

Section 17. The o-ovcrnor, with the consent of the Executive may 

.,., i-i' -i T •• appoint officers 

council, is hereby authorized to appoint and commission any at discretion ana 
officers, or employ the services of any men in addition to to^oops'hi'^ier- 
those now authorized by law, and determine the rank and ^'^'^■ 
compensation for the same, to carry into effect the provisions 
of this act, or to supply any emergency which may hereafter 
arise ; and he is authorized to furnish such companies or 
regiments as may go into the service of the United States 
with such arms, ammunition, clothing and supplies of any 
kind as he may deem necessary for their proper equipment, 
support and comfort. 

Section 18. The provisions of sections twenty-three, ^efiog^of^Lnlrai 
ninety-nine, one hundred, one hundred and one, one hiin- statutes sus- 
dred and two, one hundred and three, one hundred and four, ^^"^ ^ ' 
one hundred and five, one hundred and six, one hundred 
and seven, and one hundred and eight of chapter thirteen 
of the General Statutes, are hereby suspended, and shall not 
be enforced for one year from the passage of this act. 

Section 19. Section twenty-three of chapter two of the sect. 2.3, of ch. 2, 
General Statutes shall not apply to any officer to be appointed ^- s-"ot to apply- 
under the provisions of this act. 

Section 20. When any requisition is received from the Requisition, gov- 
general government, the governor shall proceed to fill the camps ° and ""b^ 
same from troops which are or may have been in garrison or '^^'*'^ otherwise. 
camp, until their numbers are exhausted, and may for that 
purpose reorganize any companies or regiments so as to 
comply in all respects with the terms of such requisition, 
and may detail men or companies from companies or regi- 
ments to other companies or regiments, as the public interest 
may seem to require. 

Section 21. This act shall take eifect upon its passage. 

Approved May 23, 1861. 
39 



648 1861.— Chapters 220, 221. 

Chat) 220 ■^ ^^'^ ^^ AMENDMENT OF THE ACT FOR SUPPLYING THE CITY OF 
■' ' BOSTON WITH PURE WATER. 

Be it enacted, §'c., as follotvs : 

Penalty for di- SECTION 1. The fifteenth section of the act entitled " An 
ruptiugwaterin- Act foi' Supplying the City of Boston with Pure Water," 
creased. passcd the thirtieth day of March in the year one thousand 

eight hundred and forty-six, is hereby amended by adding 
thereto the following words, viz. : " or by confinement to 
hard labor in the state prison for a term not exceeding ten 
years." 

Section 2. This act shall take effect upon its passage. 

Approved May 23, 1861. 
Chap. 221 An Act in further addition to an act making appropriations 

TO MEET CERTAIN EXPENDITURES AUTHORIZED THE PRESENT 
YEAR, AND FOR OTHER PURPOSES. 

Be it enacted, Sfc, as follows: 

Appropriations SECTION 1. Tlic 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 the governor, for the purposes specified, as 
follows, namely : 

Transportation j^or thc transportation of state paupers, one hundred 

of paupers. in i i 7 

dollars. 

meTers^^saiary^*^ ^or thc Salary and expenses of the inspector of gas meters, 
a sum not exceeding three thousand dollars, in accordance 
with the provisions of chapter one hundred and sixty-eight 
of the acts of eighteen hundred and sixty-one. 

Llary. *^'"'*' ^^^ ^^^® Salary of the land agent for the first quarter of 

the present year, two hundred and fifty dollars ; and for 
incidental expenses of his office, ten dollars. 

firmaiy!* "'"' *"" For tlic Massachusctts Charitable Eye and Ear Infirmary, 
the further sum of five hundred dollars. 

Todd sciiooi fund, 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, in accord- 
ance with chapter thirty-six of the General Statutes. 

Indians' school The lucouie of tlic Indians' school fund shall be applied 
according to the provisions of chapter thirty-six of the 
General Statutes. 

^afr^^nr"''^*' '*" ^^^ deficiency in the appropriation for repairs of tlie 
Essex bridge, for the year eighteen hundred and sixty, six 
hundred fifty-two dollars and fifty-four cents, to be jDaid 
from the Essex bridge fund. 

Section 2. This act shall take effect upon its passage. 

Approved Mai/ 23, 1861. 



income of. 



fund. 



pairs of. 



1861.— Chapter 222. 649 

An Act ix aid of the families of volunteers, and for other QJidp^ 222 

PURPOSES. -* ' 

Be it enacted, Sfc, asfolloios : 

Section 1. Any town or city may raise money by taxa- cities and towns 
tion, and, if necessary, apply the same, under the direction Suppor™""'^^ 
of their selectmen or mayor and aldermen or city council, 
for the aid of the wife, and of the children under sixteen 
years of age, of any one of their inhabitants, who, as a 
member of the volunteer militia of this state may have been 
mustered into or enlisted in the service of the United States, 
and for each parent, brother or sister or child, who, at the 
time of his enlistment, was dependent on him for support. 

Section 2. Any city or town may by vote raise money May pay expense 
to defray any expense already incurred, or to carry out and fiTcTnteact's'^ ^"'' 
fulfil any contract heretofore made with, or in behalf of 
any of its inhabitants who may have enlisted as members 
of the volunteer militia, or who have been, or may be called 
into the service of the United States ; but all contracts now Limitation, 
subsisting between any town or city and any member of the 
volunteer militia, as such, shall terminate in ninety days 
from the date of such contract or the date of enlistment if 
subsequent to such contract and previous to the passage of 
this act. 

Section 3. No compensation, in addition to the regular compensation of 
pay of the army or navy of the United States, other than 
that mentioned in this act, shall be given by any town or 
city to any of their inhabitants, who, as volunteers, or other- 
wise, shall enlist in the service of the United States ; but contracts con- 
all contracts made with any members of the volunteer 
militia who have been mustered into the service of the 
United States for the term of three months, shall be valid 
during such term, and no pay shall hereafter be allowed by 
any town or city for the expense of drilling. 

Section 4. Any city or town, when danger from attack city or town may 
from the sea is apprehended, is authorized to organize an "^^'^^ "evasion. 
armed police to guard against such an attack, and may 
provide, by taxation, to maintain the same. Such force 
may, for this purpose, act in any part of the county within 
which such city or town may be situated. 

Section 5. Of the sum so paid or applied by any city or Reimbursement 
town for the support of the family of any inhabitant, who famiuerorvo'i- 
may be actually engaged in the service of the United States, "j"*''/^^' '=°°'^*" 
as provided in the first section, there shall be annually 
reimbursed from the state treasury to such town or city, a 
sum not exceeding one dollar per week for the wife and one 
dollar per week for each child or parent of such inhabitant. 



650 1861.— Chapter 223. 

who, at the time of his being called into the service of the 
Proviso. United States, was dependent upon him for support: pro- 

vided, that the whole sum so reimbursed shall not exceed 
twelve dollars per month for all the persons named in this 
section so dependent upon any such inhabitant. 
Certified state- SECTION 6. No reimbursement shall be allowed from the 

ment to be made , , , , , • ; • j i • j.i 

to auditor. state trcasurj to any town or city, as provided m the pre- 
vious section, until a full report, certified and sworn to by 
a majority of the board of selectmen of any town, or of the 
mayor and a majority of the aldermen of any city, containing 
a statement of the inhabitants of such town or city, whose 
families have been assisted, as provided in the first section, 
and of the persons who have been assisted, and the relations 
which such persons severally bear to such inhabitants, and 
the sums paid to each person, has been made to the auditor 
of the Commonwealth, and carefully examined and approved 
by him. 

Annual^ state- SECTION 7. A Statement certified and sworn to by a 
majority of the board of selectmen of any town or of the 
mayor and a majority of the aldermen of any city shall be 
made to the auditor of the Commonwealth, on or before the 
fifth day of January in each year, of the full atnount due 
such city or town for aid furnished in accordance with this 
act. 

Section 8. This act shall take effect upon its passage. 

Approved May 23, 1861. 



ment required. 



Chap. 223 



An Act making appropriations to meet certain expenditures 
authorized at the present session of the legislature, and 
for other purposes. 

Be it enacted, Sfc, as follows : 
Appropriations Thcrc is appropriated out of the treasury of the Common- 
authorized. wcalth, to bc paid upon the warrants of the governor, for 

the purposes specified in certain acts and resolves passed at 

the present extra session, as follows, namely : 
Issue of scrip. For platcs, paper and printing of the scrip to be issued by 

the Commonwealth, a sum not exceeding three thousand 

dollars. 
Miieage,senators. For thc mileage of senators, a sum not exceeding four 

hundred dollars. 
Compensation. Yov tlic compeiisation of senators, a sum not exceeding 

twelve hundred and fifty dollars. 
Mileage, repre- For the mileage of representatives, a sum not exceeding 

two thousand three hundred dollars. 
Compensation. For thc compensatiou of representatives, a sum not 

exceedina; seven thousand dollars. 



1861.— Chapter 223. 651 

For the compensation of the door-keepers, messengers, Pay of door- 
pages, policemen and watchmen of the senate and house of '"^''P''^'^' *''''• 
representatives, a sum not exceeding five hundred dollars. 

For the clerks of the senate and house of representatives, cierks. 
two hundred dollars. 

For the compensation of the chaplains of the senate and chaplains. 
of the house of representatives, a sum not exceeding forty 
dollars. 

For postage, printing and stationery for the governor and Executive de- 
council, in addition to the sum heretofore appropriated for penses!"'* *^' 
the current year, a sum not exceeding five hundred dollars. 

Apjyroved May 23, 1861. 



EESOLYES, 

SECOND SESSIOISr, 
1861. 



Chap. 106 Resolve MAKING an appropriation for plates, paper and print- 

"' ING OF SCRIP to be ISSUED BY THE COMMONWEALTH. 

Resolved, That tlie treasurer and receiver-general of the 
Commonwealth be, and he is hereby authorized to procure 
such plates, paper and printing, as may be necessary in the 
preparation of the scrip of the Commonwealth which may be 
issued under authority of the general court, and that a 
sum not exceeding three thousand dollars is hereby appro- 
priated to meet the expenses thereof, under the direction of 
the governor and council. 

Approved May 23, 1861. 

Chan. 107 Resolve fixing the compensation of 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 
legislature who has been in attendance during the present 
session, the sum of three dollars per day ; the president of 
the senate and the 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 of the senate and house of representatives 
the sum of one hundred dollars each for the present session ; 
to the chaplains of the senate and house of representatives, 
two dollars per day ; 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 he is employed during the session : 
provided, that there shall be deducted from the compensation 
of each member, three dollars for each day's absence during 
the session. Approved May 23, 1861. 



ADDRESS 



HIS EXOELLEI^CY THE GOYEEI^TOE. 



At one o'clock, on the day of assembling, His Excellency 
the Governor, accompanied by the members of the Execu- 
tive Council and officers of the civil and military depart- 
ments of the Government, attended by a Joint Committee 
of the two branches, met the Senate and House of Rep- 
resentatives, in Convention, and delivered the following 

ADDRESS. 

Gentlemen of the Senate and 

the House of Representatives : 

The occasion demands action, and it shall not be delayed 
by speech. Nor do either the people or their representa- 
tives need or require to be stimulated by appeals or con- 
vinced by arguments. A grand era has dawned — inaugu- 
rated by the present great and critical exigency of the 
Nation, through which it will providentially and trium- 
phantly pass, and soon emerging from apparent gloom will 
breathe a freer inspiration in the assured consciousness 
of vitality and power. Confident of our ultimate future, 
confident in the principles and ideas of democratic repub- 
lican government, in the capacity, conviction, and manly 
purpose of the American people, wherever liberty exists 
and republican government is administered under the puri- 
fying and instructing power of free opinion and free debate, 
I perceive nothing now about us which ought to discourage 
the good or to alarm the brave. 

But the occurrence of public events universally known 
and needing no repetition here, has compelled the consti- 
tutional government of our Federal Union to assert its 
rightful powers for the protection of its own integrity, and 
the maintenance of the honor, rights and liberties of the 



654: GOVERNOR'S ADDRESS. 

whole people, by an appeal to the stout hearts and the 
strong right arms of all loyal States and patriotic men. 

Massachusetts, by the unanimous acclaim of her million 
and a quarter of people, has already inspired every depart- 
ment of her own public service with her traditional senti- 
ment of perfect devotion to the cause of that common 
country which her successive generations have helped either 
to create or to support. And it is now only with a view to 
securing the aid and cooperation of the legislative branch, 
and in order to carry out more perfectly and more consist- 
ently with the system of our constitutional distribution of 
powers the measures requisite to a full performance of our 
duty as a State of the Union, that I have ventured to recall 
the members of the General Court from their private duties, 
so speedily after the close of a laborious session. 

Gentlemen, — This is no war of sections, — no war of North 
on South. It is waged to avenge no former wrongs, nor to 
perpetuate ancient griefs or memories of conflict. It is the 
struggle of the People to vindicate their own rights, to 
retain and invigorate the institutions of their fathers, — the 
majestic effort of a National Government to vindicate its 
power and execute its functions for the welfare and happi- 
ness of the whole, — and therefore while I do not forget, I 
will not name to-day that " subtle poison " which has lurked 
always in our national system, — and I remember also at 
this moment, that even in the midst of rank and towering 
rebellion, under the very shadow of its torch and axe, 
there are silent but loyal multitudes of citizens of the South 
who wait for the national power to be revealed and its pro- 
tecting flag unfurled for their own deliverance. 

The guns pointed at Fort Sumter on the 12th day of 
April, while they reduced the material edifice and made 
prisoners of its garrison, announced to Anderson and his 
men their introduction into the noble army of heroes of 
American history ; and the cannon of the fort, as they 
saluted the American flag, when the vanquished garrison — 
unconquerable in heart — retired from the scene, saluted the 
immortal Stripes and Stars, flaming out in ten times ten 
thovisand resurrections of the flag of Sumter, on hill-top, 
staff" and spire, hailed by the shouts and the joyful tears of 
twenty millions of freemen. 

The proclamation of the President, summoning the rebels 
to disperse and the loyal militia to rally to the support of 
the national capital menaced by secessionists, was imme- 
diately followed, in this State, by a movement of fovir regi- 
mental commands of infantry, a battalion of rifles, and 



SECOND SESSION. 655 

another of light artillery, (all from the " Active Volunteer 
Militia" of Massachusetts,) which under all its circum- 
stances of celerity of motion, promptness of obedience and 
brilliancy of results, is unexampled in any thing I remem- 
ber elsewhere of the conduct of citizen soldiery. The tele- 
graphic call from the Department at Washington for two 
regiments, reached the Executive of Massachusetts on the 
morning of Monday, the loth of April, and was soon ex- 
panded into a call for four regiments. Availing ourselves 
of the organization happily existing in this Commonwealth 
partially prepared for active duty, and of the flexibility of 
our militia system ; and with the aid of the legislation of 
this year, permitting its indefinite numerical enlargement 
and the expansion of its companies to the full army size of 
sixty-four privates ; together with the steps already taken 
to anticipate possible exigencies of the sort, and with the 
advantages of previous drill, discipline and moral prepara- 
tion induced by means of a general order promulgated to the 
militia in the month of January, — the patriotic ardor and 
generous devotion of the people found means of efficient and 
prompt response. The telegraphic messages from Washing- 
ton convinced me that no small reliance was placed on this 
Commonwealth to be early in the field ; and moreover that 
no delay whatever would be consistent with the urgent 
demands of the public safety. Nor was any delay permitted. 
Every officer, civil and military, according to his position 
and means of usefulness, and many private citizens, with 
various aid, cooperated with the commander-in-chief; and 
by nine o'clock on the Sabbath morning following the 
Monday on which the first telegram was received, the whole 
number of regiments demanded from Massachusetts were 
already either in Washington, or in Fortress Monroe, or on 
their way to the defence of the national capital. Col. 
Jones, at the head of the regimental command of which 
the Sixth Regiment of the Massachusetts line was the 
nucleus, had already cut his way through a hostile and 
assailing force. His men shedding their blood in the streets 
of Baltimore, and illustrating the quality of our arms by a 
movement as skilful as it was brave, had extricated them- 
selves from their sudden and strange peril, and were already 
steadying the government and actually garrisoned in the 
senate chamber of the Union. Gen. Butler, gallantly fol- 
lowing as rapidly as possible in company with the regiment 
under Munroe, to assume command in his capacity of briga- 
dier over the Massachusetts men, had reached Philadelphia, 
where he heard of the attack upon the Sixth, while it was 

40 



656 GOVERNOR'S ADDRESS. 

yet in progress. Interrupted in his march by this new turn 
of aifairs, and the breach in the modes of travel and com- 
munication, it became necessary for tlie moment that our 
troops should seek another route to Washington ; and also 
to endeavor to prevent the important post and position of 
Annapolis from seizure, and its inhabitants from demoraliza- 
tion. These new necessities created a demand for other 
arms, to accompany the infantry which alone had been or- 
dered from Washington, — and a battalion of rifles, under the 
command of Major Devens, of Worcester, (reinforced by the 
rifle corps of Capt. Briggs, from Pittsfield,) and the Boston 
battalion of light artillery under Major Cook, were put into 
immediate requisition, and accompanied the infantry com- 
mand under Col. Lawrence, of which the Fifth Regiment 
of our line is the nucleus. The urgency of the occasion 
and the telegram of General Butler from Philadelphia, 
requesting artillery, and the military reasons palpably estab- 
lishing the necessity of aiming at the substantial right, to 
the postponement of ceremonies or forms, convinced me 
that I ought to take the responsibility of putting these 
additional arms in motion, and of providing the requisite 
means for their equipment and transportation. This force 
arrived at New York on Sunday night, and sailed in two 
steamers on Monday, the 22d, for Annapolis, whither they 
had been preceded by Butler with Munroe's command from 
Philadelphia. On the preceding Saturday, the Old Colony 
command, made up in part of Col. Packard's and in part 
of Col. Wardrop's regiments, had arrived at Fortress Mon- 
roe, — Packard in tlie " State of Maine " steamer, by way of 
Fall River, and Wardrop in the steamer " Spaulding," 
directly from Boston. On the very day of their arrival, 
Wardrop's command had been put on board the United 
States steamer, the " Pawnee," and liad left the fortress to 
assist in a brilliant movement, both of danger and success, 
in the destruction of United States vessels and military 
stores at Gosport Navy Yard, then menaced and in imme- 
diate danger of falling into the hands of the public enemies. 
The saving of the venerable ship-of-war " Constitution," — ^^ 
the " Old Ironsides " of our familiar speech and affectionate 
memories, — is one of the happy omens and one of the first 
illustrations of that series of actions and events which 
characterized the conduct and enterprise of our soldiers 
after the landing at Annapolis ; — holding the post, saving 
another sliip-of-war endangered from Baltimore, rebuilding 
a railroad, reconstructing locomotives, opening up the com- 
munication between Washington and Philadelphia, at the 



SECOND SESSION. 657 

same time that they were enduring the hitherto untried 
deprivations of a camp, and the hardships incident to a 
soldier's career for which the suddenness of their call had 
permitted no adequate preparation. 

The contracts and expenditures incidental to this move- 
ment of troops, to obtaining and arranging their final equip- 
ment, whether of arms or clothing, to their subsistence, and 
general comfort and protection, have been unhesitatingly 
incurred, in firm reliance upon the support and sympathy of 
the people and the approval of tlie legislature. Nor — in 
view of the known inadequacy of the national stores — have 
the governor and council hesitated to anticipate coming 
wants and to provide for military stores, clothing and equip- 
ments as rapidly as possible, not only to supply current 
needs and to repair existing deficiencies, but to meet the 
certain demands of the approaching summer. 

I cannot doubt that to some extent the suddenness of our 
necessary action, the novelty of our situation, and the fact 
of the inexperience of our whole people in the arts of war 
and the wants of camp life, have exposed us all to some 
mistakes, to some loss of material, to some misadaptation of 
means to ends and some oversight of economies possible to 
better opportunities or to greater experience. But I am 
confident that the service has been conducted by all its 
agents and departments with zealous care and honest effort 
to command success in the work of economy not less than 
in the more brilliant and attractive spheres of gallant enter- 
prise. The dislnirsements in the military service, which had 
been made up to the close of business yesterday, were : — 

For subsistence, $40,222 34 

clothing, 90,823 92 

equipments, ......... 30,565 78 

transportation of troops, ...... 43,260 38 

one-half of steamer Cambridge, ..... 45,000 00 

one-half of steamer Pembroke, ..... 17,500 00 

telegraphing, . 272 76 

$267,645 18 

To these expenditures may be added (besides the amount 
of the contemplated purchase of arms in Europe,) about 
i|100,000 more, to cover contracts for clothing and equip- 
ments now in progress to meet present and future wants. 
Of all these contracts and disbursements more detailed 
statements are ready for exhibition. 

Nearly all these expenditures (aside from the purchase of 
the steamers) constitute valid claims upon the Federal gov- 



658 GOVERNOR'S ADDRESS. 

ernment, since its lack of such outfits and provisions as are 
required by soldiers on the march and in the camp, imposed 
upon us the necessity of procuring supplies for immediate 
use and of preparation for future demands. The contracts 
described as in progress, are in part for fatigue suits, and 
also for full uniforms for summer campaign service, adequate 
to tlie wants of six thousand men. 

I ought not, in this connection, to omit to allude to the 
unremitting care that has been cast upon the whole execu- 
tive council, which has held daily sessions during the past 
month, and whose committees on contracts and accounts 
have been constantly and laboriously occupied. 

In truth and courtesy I must add, that whatever success 
has thus far been achieved in our military operations, is 
largely due to the incessant exertions and chivalrous devo- 
tion of my military aides-de-camp, to whom the Common- 
wealth is indebted for invaluable services far beyond the 
immediate duties of their official stations, and for which I 
gladly confess my personal obligation. I am also under 
special and peculiar obligation to some gentlemen whose 
time withdrawn from the important cares of their private 
business, was generously offered to the Commonwealth and 
accepted in the same spirit in which it was tendered, and 
whom I would gladly designate by name, were I permitted 
to do so by the proi^rieties of this occasion. 

Very soon after the commencement of our preparations, 
the increase of business rendered the appointment of a 
quartermaster-general, in accordance with the provisions of 
the Constitution and the General Statutes, an obvious neces- 
sity, and I nominated to that office a gentleman who has 
generously and faithfully performed its duties, for "which no 
compensation has been provided by law. This withdrawal 
of certain duties, not properly pertaining to the office of the 
adjutant-general, has enabled the crowded business of his 
bureau to be conducted with an efficiency and dispatch 
otherwise impossible. 

But even with all this zealous and faithful cooperation, it 
is obvious that a broader and more comprehensive organiza- 
tion of the staff of the commander-in-chief is required by 
the condition of affairs. It is my opinion that an officer 
with substantially the functions of commissary-general, is 
needed to accompany the Massachusetts troops in the field, 
and that the institution, at least temporarily, of a regular 
medical bureau, is particularly desirable, its duties liaving 
thus far been generously performed by a commission of 
medical gentlemen in Boston informally appointed. With 



SECOND SESSION. 659 

this view, I sug-gest that it may be advisable to authorize 
the governor, with the advice of the executive council, to 
institute and commission such additional staff officers as the 
public business may, in his judgment, from time to time 
require, and, in the same manner, to fix their compensation, 
and to i-emove tliem, or to discontinue their offices ; and, 
further, to define and prescribe the respective duties of the 
various departments of the staffi 

I respectfully recommend that an appropriation be made 
to cover these expenses and contracts already incurred, as 
well as sucli others as may hereafter be indicated, and of 
such additional public service as the legislature may direct. 

In view of the great lack of arms existing in this 
Commonwealth, certain to become apparent in the event of 
a continued struggle, — a want shared by the States in 
common with each other, — under the advice and consent of 
tbe council, I commissioned a citizen of Massachusetts on 
the 27th day of April, (who sailed almost immediately in 
the steamer Persia,) to proceed to England, charged with 
the duty of purchasing Minie rifles, or other arms of corres- 
ponding efficiency, in England or on the Continent, as he 
might find it needfnl or desirable. To this end he was 
furnished with a letter of credit to the amount of fifty 
thousand pounds sterling, and he was attended by an 
accomplished and experienced armorer, familiar with the 
worksliops of the old world. The production of fire arms 
at home will of necessity remain for a considerable period 
inadequate to the home demand, and I await with much 
interest the arrival from abroad of our expected importation ; 
and I have no doubt that congress, at its approaching special 
session, will relieve this Commonwealth from the payment 
of the duties chargeable thereon. 

In addition to its other military defences, the nautical 
school ship has been fitted up to aid in guarding the coast 
of the Commonwealth, and has been armed with four six- 
pound cannon and fifty-two muskets. The collector of the 
district of Boston and Charlestown has commissioned and 
placed on board the ship an " aid-to-tlie-revenue," with 
instructions to overhaul all supicious vessels, warning him 
to use that authority with caution and moderation. Each 
afternoon, at the expiration of business hours, the collector 
telegraphs to the station at Hull the names of all vessels 
having permission to pass out of the harbor of Boston, and 
the list being immediately forwarded to the ship, the " aid " 
is authorized to order all vessels not so reported, and 
attempting to leave the harbor between sunset and sunrise, 



660 GOVERNOR'S ADDRESS. 

to wait till the next day, and until lie is satisfied of their 
right to pass. 

The commander of the ship is instructed to assist the aid- 
to-the-revenue, to see that thorough discipline is at all times 
maintained ; tliat the rules of the ship are strictly obeyed ; 
that all due economy be practiced ; that the exercises of the 
school are daily continued ; and to see that the boys receive 
kind treatment, and their habits, morals and education, are 
carefully and constantly regarded. On the seventh of this 
month the ship left tlie liarbor of Boston, and is now cruising 
in the bay in the performance of the duties assigned her. 

A sense of insecurity along our coast under the late 
piratical proclamation of Jefferson Davis, as well as our 
constant wants for transportation service, have induced a 
purchase for the Commonwealth as a part owner with the 
underwriters of Boston, of the steamer " Cambridge," of 
about 860 tons burden, and of the steamer " Pembroke," of 
240 tons, both of which, equipped with competent naval 
armament, and ready to fight their way over the seas, are 
engaged in service. The '* Cambridge " has carried a full 
cargo of arms, men, and supplies in ample quantities not 
only to Fortress Monroe, but up the Potomac itself. And in 
spite of the danger supposed to menace her from its banks, 
she has safely conveyed tents, stores, provisions and clothing 
to our troops at Washington. 

Besides making the requisite appropriations to meet these 
and other expenses, and adopting measures to establish the 
power of the executive to meet the emergencies of the 
occasion on a distinctly legal foundation, my other principal 
purpose in convening the general court was to ask its atten- 
tion to the subject of a State Encampment for Military 
Instruction. 

Wise statesmanship reqiures an adequate anticipation of 
all future wants of the controversy whether as to the 
number or quality of the military force, its disci})line, 
instruction, arms or equipment. At this moment, tliere 
exist one hundred and twenty-nine companies newly 
enlisted into the active militia, all of whom were induced 
to enroll themselves by the possibility of active duty in the 
field. Many of these are anxious to receive orders for 
service, and withdrawing themselves from other avocations, 
they are now endeavoring to perfect themselves in the 
details of a soldier's routine of duty. It seemed equally an 
injustice towards those who are disposed to arms, and to all 
other citizens on whom future exigencies might cast the 
inconvenient necessity of taking the field, to discourage 



SECOND SESSION. 661- 

these efforts and struggles of patriotic ambition. It is 
important to secure a reasonable number of soldiers, to have 
them ascertained, within reach, and in a proper condition 
for service ; and it is scarcely less important that other 
citizens should be left as free as may be from the distractions 
of a divided duty, so as to pursue with heart and hope, the 
business enterprises of private life. The best public economy 
is found in the forethought of considered plans, disposing 
the means, pursuits and people of the whole community, so 
as to meet all exigencies without confusion, and with the 
least possible derangement of productive industry ; and I 
have, therefore, to these ends, earnestly considered the 
suggestions of various eminent citizens, the written requests 
or memorials, numerously signed, which have reached me, 
and the advice of the highest officers in our own militia, all 
uniting in the recommendation of a state encampment. 

I recommend the subject to the wise and careful judgment 
of the legislature, venturing to suggest, that in order to 
secure success proportioned to its importance, any such 
encampment should be confined to those enlisting themselves 
for an extended term of actual service, and should not 
include the ordinary militia, who are only liable to three 
months' duty in a year ; that it should be an encampment 
for thorough military instruction in drill, discipline, and 
camp duty ; that all who enter it should, while there, come 
under the rules and laws of active military service ; that for 
the principal commander or instructor there should be 
obtained, if possible, an officer of the army, of rank, expe- 
rience, culture and high character, who, with a proper staff, 
should be specially appointed for this service, subject to con- 
trol and removal, as circumstances may require, by the 
commander-in-chief. The number of soldiers or regiments 
to be at any one time placed in camp, should be fixed by 
the legislature, and also the rate of compensation and the 
terms of enlistment. The encampment may be at one place, 
or several encampments may be established under a single 
military commander, or otherwise, at convenience,— and the 
power to put an end to the encampment at any time, when 
desirable, should be reserved to the executive ; nor should 
any persons be retained in camp longer than the public 
service may clearly seem to demand. I offer this subject to 
your consideration, gentlemen, with a consciousness of the 
heavy care and difficult responsibilities which the adoption 
of any scheme of the sort indicated will impose upon the 
commander-in-chief, and with great personal diffidence, but 
with a hearty willingness to attempt any task which the 



662 GOVERNOR'S ADDRESS. 

cause of the country and the good of the people may impose, 
and with entire confidence in the support to be found in the 
aid of those who will surround me, and in the reasonable 
certainty of the success of any good work, honestly under- 
taken. 

Many military organizations are now receiving aid, more 
or less ample, fi-om cities and towns. The companies thus 
assisted are under many disadvantages, and are trying in a 
desultory way, to fit themselves for duty. But pursuing 
their efforts without uniformity of system or method, the 
number of soldiers, the expense they incur, and the pro- 
ficiency they make, are all unknown, while the benefit of 
their exertions is but partially realized, and the burdens are 
unequally borne. I venture to suggest that the practice 
begun in some towns of offering bounties on enlistment is 
attended with many inconveniences, not the least of which 
is the evil of different rates of compensation for soldiers of 
equal rank and merit in the same regiment ; and while no 
necessity exists for this course, it is liable to the objection of 
weakening the capacity of the people to afford special aid 
and relief to the families of soldiers which may want while 
husbands and fathers are in the field. 

Any relief needed by our troops, whether by reason of 
delays of payment by the general government or otherwise, 
should be provided for under authority of the State, and 
according to a uniform system. 

At present the troops willing to march under the orders 
of the President exceed many times in number the utmost 
limit which can now be received at Washington or its neigh- 
borhood, although, unless some unforeseen and sudden end 
shall be put to the conflict even more will ultimately be 
needed. Yet I cannot too strongly urge the unspeakable 
importance of husbanding the time and industry of all the 
people of the Commonwealth. I exhort them therefore to 
cultivate their resources, to devote themselves with increased 
assiduity to all the useful pursuits and arts of peaceful skill 
and labor; and especially to devote the utmost effort to 
increase the agricultural products of the year. Let every 
man not set apart for present military duty devote himself, 
as not less a patriot than his more martial neighbors, to the 
patient and quiet pursuits which increase the wealth and 
security of all, — remembering that a noble purpose 

" makes drudgerie divine. 

Who sweeps a room as lor God's law 
Makes that and the action fine." 



SECOND SESSION. 663 

I trust that the present experience will inaugurate a 
return to the only system capable of guarding a State against 
surprise, and preserving it from ultimate disaster, — I mean 
tlie arming and training of the whole militia. Devoted in 
heart to the interests of peace, painfully alive to the calam- 
ities and sorrows of war, I cannot fail to see how plainly 
the rights and liberties of a people repose upon their own 
capacity to maintain them. 

I recommend the authorization of a permanent loan for 
the payment of the expenses of this new emergency — to be 
effected by instalments as the executive department may 
find it expedient. I suggest also that the scrip may be 
partly issuable in pieces of fifty or one hundred dollars each, 
so that small capitalists may share in the benefits of the 
opportunity for safe investment which the occasion will 
afford. The offers from the banking institutions of the 
Commonwealth, of loans to the treasury, communicated to 
the executive since the fifteenth of April, reach the aggre- 
gate amount of six millions four hundred thousand dollars, 
and whatever moneys have been needed by the treasurer, 
have been promptly advanced, pursuant to these offers. 
Their confidence in the good faith of the State, in view of 
the fact that our contracts have been made in the absence 
of previous legislation, is not less apparent than their reli- 
ance upon its pecuniary condition ; and, in truth, a recur- 
rence to the last annual report of the State auditor renders 
it clear that the indebtedness of the Commonwealth, (exclu- 
sive of liabilities assumed to promote public works, and 
assured by ample mortgages,) is so trifling, while its wealth 
and resources are so vast, that the scrip of Massachusetts 
must be regarded as second to no security in the world. 
The tendency to hoard, in times of commotion, is a circum- 
stance aggravating the natural perturbations of society ; 
and it offers a strong motive of public policy for extending 
to all classes the opportunity of investments, 

I desire to cultivate a spirit of confidence in the Federal 
government, its capacity, its resources, and its administra- 
tion. The States and the people owe it to themselves and 
to justice that they shall cautiously abstain from needless, 
careless, or in any way uneconomical disbursements, into 
which inconsiderate officials may be tempted by the expecta- 
tion of ultimate repayment from the treasury of the United 
States. We ought to husband every resource, to serve 
every interest of our parent government, to watch over and 
protect its pecuniary credit, and to assist its loans, in a spirit 
of patriotic sympathy free from any sordid taint of personal 

41 



664 GOVERNOR'S ADDRESS. 

selfishness ; and I respectfully ask you to consider whether 
power may not properly be vested in some department of 
the Commonwealth to intervene with the aid of our credit 
as a State, in any possible future contingency of pecuniary 
weakness at Washington. 

In this grave national experience, it becomes us not only 
to acquit ourselves as men, by courage and enterprise, but 
also to remember that every virtue, civil as well as military, 
calls on us with more commanding voice. Patient endur- 
ance, unflinching perseverance in every duty, whether of 
action or passion, at such a moment becomes grand and 
heroic. Nor can I urge too strongly the duty of faithful 
and filial union of heart with those to whom are committed 
the responsibilities of the central power. Whether they 
who have to guide the current of national action seem fast 
or slow, narrow or broad, I trust that Massachusetts men 
will with equal devotedness, enact their part in this warfare, 
as good soldiers of a great cause. 

It is impossible that such an uprising of the people as we 
have witnessed, — so volcanic in its energy, — should not 
manifest itself here and there in jets of unreasonable passion 
and even of violence against individuals who are suspected 
of treasonable sympathies. But I am glad to believe that 
respect for every personal right is so general and so pro- 
found throughout Massachusetts, that few such demonstra- 
tions have occurred in our community. Let us never — 
under any conceivable circumstances of provocation or 
indignation — forget that the right of free discussion of all 
public questions is guaranteed to every individual on Massa- 
chusetts soil, by the settled conviction of her people, by the 
habits of her successive generations, and by express provi- 
sions of her constitution. And let us therefore never seek 
to repress the criticisms of a minority, however small, upon 
the character and conduct of any administration, whether 
State or National. 

For myself I entertain a most cordial trust in the wisdom 
and patriotism of the President of the United States, and 
his cabinet, and of the venerable head of the American 
Army, whose long and eminent career has given him a place 
second to no living captain of our time. True to his alle- 
giance to his country and to himself, may he long be spared 
to serve his countrymen, and to enjoy their gratitude ; 
and though white the marble, and tall the aspiring shaft, 
which posterity will rear to record his fame, his proudest 
monument will be their affectionate memory of a life grand 



SECOND SESSION. 665 

in tlie service of peace not less than of war, preserving in 
their hearts forever, the name of Winpield Scott. 

Surrounded by universal sympathy and aid, it is beyond 
my power to bear separate testimony to the value and merits 
of the various gifts and services offered and performed in 
behalf of the State and in amelioration of the hardships of 
those who bear the immediate brunt of war. From every 
department of social, business and religious life ; from every 
age, sex and condition of our community ; by gifts, by toil, 
by skill and handiwork ; out of the basket and the store, 
and out of the full hearts of the community, they have 
poured through countless channels of benevolence and 
patriotism. 

But how shall I record the grand and sublime uprising of 
the people, devoting themselves — their lives — their all ! No 
creative art has ever woven into song a story more tender in 
its pathos or more stirring to the martial blood, than the 
scenes just enacted, — passing before our eyes in the villages 
and towns of our own dear old Commonwealth. Hence- 
forth be silent, ye shallow cavillers at New England thrift, 
economy and peaceful toil ! Henceforth let no one dare 
accuse our northern sky, our icy winters, or our granite hills ! 

" Oh what a glorious morning- 1^'' was the exulting cry of 
Samuel Adams, as he, excluded from royal grace, heard 
the sharp musketry which on the dawn of the 19th of April, 
1775, announced the beginning of the war of independence. 
The yeomanry who in 1775, on Lexington Common and on 
the banks of Concord River, first made that day immortal 
in our annals, have found their lineal representatives in the 
historic regiment which on the 19th of April, 1861, in tlie 
streets of Baltimore, baptized our flag anew in heroic blood, 
— when Massachusetts marched once more " in the sacred 
cause of libcrLy and the rights of mankind.'''' 



Senators and Representatives : 

Grave responsibilities have fallen, in the Providence of 
God, upon the government and the people ; — and they are 
welcome. They could not have been safely postponed. 
They have not arrived too soon. They will sift and try this 
people, all who lead and all who follow. But this trial 
giving us a heroic present to revive our past, will breathe 
the inspiration of a new life into our national character and 
reassure the destiny of the republic. 



666 SPECIAL MESSAGES. 

The following special communications were made by His 
Excellency the Governor, to the Legislature, during the 
Second Session, ending May 25. 

[To the House of Representatives, May 15.] 

I herewith transmit, for the information of the general 
court, copies of correspondence which has taken place since 
your last adjournment, respecting the suit of Levi Baker vs. 
Henry A. Wise, Governor of Virginia, in the court of 
appeals of that State. No answer has been received in 
reply to the letter of the attorney-general of this Common- 
wealth to Hon. Mr. Crump, of Richmond ; and in view of 
the declarations of Mr. Taylor, also of counsel in the suit, 
in his letter to Captain Baker, I find reason to apprehend 
that no writ of error has been sued out as was requested. 

I respectfully recommend to the general court that the 
executive of this Commonwealth be authorized to take such 
measures as shall secure, if possible, the sueing out of such 
writ and the prosecution of the same to a final issue in the 
supreme court of the United States, by counsel in Virginia. 



[To the House of Representatives, May 18.] 

I herewith transmit, for the information of the general 
court, the accompanying communication from the warden 
and inspectors of the state prison. 



CHANGE OF NAMES. 



Ill compliance with the 14th section of the 110th chapter 
of the General Statutes, returns of the following changes of 
names have been received at the Secretary's Department, as 
decreed by the several Judges for their respective counties. 



SUFFOLK COUNTY. 

Joel Barber, takes the name of Joel D wight Barber. 

George William Buchanan, takes the name of George 
William Buchanan Cains. 

Edward Crowninshield, takes the name of Edward Augus- 
tus Crowninshield. 

Miriam Goodwin Copp, takes the name of Miriam Copp 
Sanderson. 

John Carson, takes the name of Charles Stebbins. 

Lizzie Crane, takes the name of Lizzie Crane Staples. 

Ellen Carroll, Jr., takes the name of Jennie Frances Oliver. 

Frances Collins, takes the name of Martha Saunders 
Thompson. 

Emma Melissa Davis, takes the name of Emma Melissa 
Pratt. 

Thomas Johnson Entwisle, takes the name of Thomas 
Johnson. 

Ellen Fitzgerald, takes the name of Emma Judsoii 
Gullefer. 

Michael Greene, takes the name of George Leslie Greene. 

Martha Earl Hughes, takes the name of Martha Avise 
Earl. 

Mary Kingston, takes the name of Angenora Barber. 

William Russell Lane, takes the name of Russell Lane. 

Alexander Lane, takes the name of Alexander McLane. 

Edis Henrietta Nichols, takes the name of Edis Henrietta 
Metcalf. 

Elizabeth Rogers, takes the name of Elizabeth Smith. 

Margaret Ellen Simpson, takes the name of Margaret 
Ellen Stark. 



668 CHANGE OF NAMES. 

James Munroe Stevens, takes the name of Munroe 
Stevens. 

William Ellery Albert Thomas, takes the name of William 
Ellerj Cotton. 

George A' Court Webb, takes the name of George Webb 
A'Court. 

Henry Clarence Wright, takes the name of Haynes Henry 
Wright. 

ESSEX COUNTY, 

December 27, 1859. Albert Merrill and wife, of Ames- 
bury, adopt William L. Jones, a minor, and said William 
takes the name of Albert Sumner Merrill. 

February 7, 1860. Edward Augustus Baker, of Beverly, 
takes the name of Edward Augustus Webber. 

March 13. Elisha C. Humphrey and wife, of Lawrence, 
adopt Alonzo Eliphalet Hardy, and said Alonzo E. takes the 
name of Alonzo Hardy Humphrey. 

March 27. Morrill C. Bartlett and wife, of Haverhill, 

adopt Goodrich, a minor, aged seven months, and said 

Goodrich takes the name of Ruth Ann Bartlett. Jeremiah 
Morris Spofford, of Groveland, takes the name of Morris 
Spofford. 

May 1. Richard Mead, of Rowley, takes the name of 
Richard C. Hale. 

July 3. Lucinda Marshall, of Andover, (formerly the 
wife of William Marshall,) takes the name of Lucinda 
Lyford. Alexander Peckham, Jr., of Lynn, takes the name 
of Charles Edwin Peckham. 

July 17. Walter S. Williams and wife, of Amesbury, 
adopt Alice Maude Mary Cook, a minor, and said Alice 
takes the name of Alice Maude Williams. 

September 18. Daniel C. Bagley and wife of Amesbury, 
adopt Lois Perry Woolley, a minor, and said Lois takes the 
name of Ella Mariah Bagley. 

MIDDLESEX COUNTY. 

November 13, 1860. Maria Louise Wainwright, takes the 
name of Maria Louise Hayward. 

The names of the following minors were changed by 
reason of their being adopted : 

January 3, 1860. Robert Chaffin Conant, of Acton, to 
Robert Conant Chaffin. Susannah Chaffin Conant, of Acton, 
to Susanna Conant Chaffin. 

January 10. Julia Barnes, of Charlestown, to Etta Hull. 
Grace Atkins, of Charlestown, to Grace Atkins Hull. 



CHANGE OF NAMES. 669 

January 24. Anna V. Barnard, of Lowell, to Anna V. 
B. Sanborn. 

February 14. A minor, of Cambridge, name unknown, 
was decreed the name of Leo Schnepf. 

March 13. Mary Augusta Ricliards, of Holliston, takes 
the name of Minnie Williams. 

March 27. Fi-ederick Kent, of Charlestown, to Frederick 
Kent McKenzie. 

April 3. Mary Mardeu, of Lowell, to Ella Frances Martin. 
Matilda Goddard Holmes, of Lowell, to Matilda Goddard 
Allen. 

May 8. Mary Kate Bowen, of Cambridge, to Mary Cathe- 
rine Bowen Sullivan. 

June 5. Sarah Annah Scarlett, of Tewksbury, to Sarah 
Ann ah Gray. 

June 12. Elizabeth Smith, of Hopkinton, to Lizzie Ann 
Ray mo re. 

June 26. William Apel, of Cambridge, to Herbert 
William Duxbury. 

August 14. Annie Abbott Gibson, of Lexington, to Annie 
Abbott Smith. 

August 28. Abraham Paul, of Marlborough, to Abraham 
Paul Belmore. 

September 11. Caroline Etfeda Greene, of West Cam- 
bridge, to Effie Locke. 

September 25. Herbert William Duxbury, of Cambridge, 
to William Herbert Apel. 

October 9. Rufus Puller Smith, of Ashby, to Harlow 
Rufus Foster. 

November 13. Willie Walsh, of Charlestown, to Willie 
Walsh Monroe. 

WOKCESTER COUNTY. 

Eliza Ann Barnes, takes the name of Lizzie Anna Gibson. 
Annette M. Covell, takes the name of Frances Maria Stock- 
well. James Albert Carpenter, takes the name of James 
Albert Sadler. George Jonas Gage, takes the name of 
George Tufts Brackett. George W, Green, takes the name 
of George Henry Wilder. Peter Labadore, takes the name 
of Peter Marron. Jennette Louise Parker, takes the name 
of Jennie Louise Parker. Ida Maria Woodward, takes the 
name of Ida Maria Hoppin. Charles Albee, takes the name 
of Charles Albee Chiclvcring. Cora Bradbury, takes the 
name of Cora S. Howland. Harriet Alice Ward, takes the 
name of Harriet Alice Putnam. Edmond John McMannus, 
takes the name of Edmond John Morton. 



670 CHANGE OF NAMES. 

HAMPSHIRE COUNTY. 

January 3, 1860. Thomas Burke, Jr., and wife, of Ware, 
adopt Emma Virginia Wheeler, a minor, and said Emma 
takes the name of Emma Virginia Burke. 

December 4. Aaron Stevens and wife, of Worthington, 
adopt Henrietta Josephine Cole, a minor, and said Henri- 
etta takes the name of Henrietta Josephine Stevens. 

Stephen Ashley and wife, of Prescott, adopt Phoebe 
Amanda Pierce, a minor, and said Phoebe takes the name 
of Emma Amanda Ashley. 

HAMPDEN COUNTY. 

April 11, 1860. Joseph W. Babcock, of Chester, takes 
the name of Joseph E. Webster. 

December 18. Francis McCan, of Springfield, takes the 
name of Francis Fuller. 

Caroline E. McCan, of Springfield, takes the name of 
Caroline E. Fuller. 

Jerome E. McCan, of Springfield, takes the name of 
Jerome E. Fuller. 

The names of the following minors were changed by 
reason of their being adopted. 

January 3, 1860. Fanny Jane Hawks, child of Elisha 
Hawks, of Springfield, to Fanny Jane Jennings. 

February 7. Flora Emergene Stodard, child of Jasper 
M. Stodard, of Montpelier, Vermont, to Flora Emergene 
Hubbard. 

April 24. Charles Henry Speakman, child of Susan 
Speakman, of Monson, to Charles Henry Lee. 

May 22. Linnie Maud Collins, child of Harriet N. 
Collins, of Palmer, to Minnie Harriet Watrous. 

June 5. Ida Mason, child of Mercy Mason, of Spring- 
field, to Josephine Ida Clark. 

June 12. Henry Nelson, child of Eli Nelson, of Wales, 
to Henry Nelson Thompson. 

June 19. Samuel J. Harris, child of Daniel and Mary 
Harris, deceased, to Aaron William Rising. 

July 3, Nellie A. Sheldon, child of Selina Sheldon, of 
Chicopee, to Nellie Louisa Shaw. 

August 28. Anna Maria Pierce, child of Carlisle and 
Abbie Maria Pierce, of Westfield, to Anna Maria Pease. 

FRANKLIN COUNTY. 

Mary Schneider, child of Peter Schneider, of Buckland, 
adopted by David M. Whitney and wife, and name changed 
to Mary Schneider Whitney. 



CHANGE OF NAMES. 671 

John Ferroth, child of Eugenia Ferroth, of Boston, 
adopted by Christian Hawser, of Greenfield, and name 
changed to Christian Hawser. 

Nina Estella Wright, child of Amelia Wright, of Charle- 
mont, adopted by James M. Ford and wife, of Rowe, and 
name changed to Catharine Wells Ford. 

Mary J. Seavery, child of Mary J. Seavery, of Conway, 
adopted by George Barrus and wife, and name changed to 
Mary Jane Barrus. 

BERKSHIRE COUNTY. 

January 1, 1860. Ann Doud, takes the name of Eva 
Ann Johnson. 

January 3. D. Lyon Davidge, takes the name of Charles 
Bray Davidge. 

April 25. Amy Merilla Williams, takes the name of Amy 
Merilla Wright. 

May 1. Franklin Secor, takes the name of Franklin 
Potter. 

July 18. Ellen Maria Potter takes the name of Ellen 
Maria Wood. 

July 25. Ida Muller, takes the name of Ida Keach. 
Harriet Lois Palmer, takes the name of Elizabeth Annett. 
Charles J. Ferguson, takes the name of Charles J. Stowell. 

NORFOLK COUNTY. 

Aurelia Jane Angler, takes the name of Aurelia Jane 
Hunt. 

Francis Balch, takes the name of Francis Vergines Balch. 

William Duncan Foster, takes the name of William Foster 
Duncan. 

Emma Sawin, takes the name of Emma Sawin Patten. 

Eva L. Smith, takes the name of Addie Ellis Richardson. 

Benie Potter, takes the name of Flora Ann Reed. 

Amelia Hannah Willis, takes tlie name of Amelia Hannah 
Lesuer. 

Charles Sumner Stevens, takes the name of Charles 
Stevens Ayer. 

Martha Jane McAndrews, takes the name of Martha Jane 
Grace. 

Sarah E. Honey, takes the name of Amy Elizabeth Pettee. 

Harriet Amanda Pond, takes the name of Harriet Ella 
Gay. 

Mary Ann Maddock, takes the name of Mary Ann Gay. 

42 



672 CHANGE OF NAMES. 



BRISTOL COUNTY. 



October 2, 1860. Anne Frances Baker takes the name of 
Annie Frances Davis. 

November 9. Harriet Upliam, takes the name of Harriet 
Upham Andrews. 

December 4. Sarah McGurk, takes the name of Sarah 
McGurk Reed. Frances Borden, takes the name of Frances 
Borden Vincent. Hannah V. D. Robinson, allowed to 
resume her maiden name of Hannah Valentine Durfee. 
Fidelia Durfee Robinson, takes the name of Fidelia Durfee. 
George Durfee Robinson takes the name of George Durfee. 

BARNSTABLE COUNTY. 

Harry Wallen, takes the name of Harry Franklin Clark. 

Emma Thompson, takes the name of Emma Nelson 
Hallet. 

Huldah Thompson, takes the name of Addie William 
Loring. 

Harriet Augustus Bartlett, takes the name of Harriet 
Bartlett Robinson. 

Josephine Hallett Sturgis, takes the name of Muriel Mary 
Rogers. 

Ellen Jane Sullivan, takes the name of Hannah Nye. 

Atkins Dyer Paine, takes the name of Elisha Lewis 
Lombard Paine. 

Marshal E. Paine, takes the name of Marshal Paine Snow. 

Henry T. Hallett, takes the name of Henry T. Coombs. 

Alice Maria Osgood, takes the name of Fanny Maria 
Hoxie. 

Eliza Jones Collins, takes the name of Eliza Jones 
Nickerson. 



No application for change of name has been made to the 
judges of probate and insolvency, for the counties of 
Plymouth, Dukes and Nantucket, during the year 1860. 



THE 



CIVIL GOVERNMENT 



AND OFFICERS IMMEDIATELY CONNECTED THEREWITH, 
FOR THE POLITICAL YEAR, 1861. 



EXECUTIVE DEPARTMENT. 



HIS EXCELLENCY 

JOHI^ A. AJSTDEEW 



1 
GOVERNOR. 



HIS HONOR 

JOHN Z. GOODEICH,* 

LIEUTENANT-GOVERNOR. 



COUNCIL— (By Districts.) 



I.— JACOB SLEEPER. 

II.— JOHN I. BAKER. 
III.— JAMES M. SHUTE. 
IV.— HUGH W. GREENE. 



v.— JOEL HAYDEN. 
VI.— JAMES RITCHIE. 
VII.— OAKES AMES. 
VIII.— ELEAZER C. SHERMAN. 



OLIVER WAmSTER, 

Secretaey of the Commonwealth. 
CHARLES W. LOVETT, 1st Clerk. ALBERT L. FERNALD, 2d Clerk. 

HEISrUT K. OLIVER, 

Teeasueer and Receivee-Geneeal. 
DANIEL H. ROGERS, 1st Clerk. ARTEMAS HARMON, 2d Clerk. 

DWIGHT FOSTER, 

Attoeney-Geneeal. 
HENRY WINN, aerk. 

LEVI REED, 

Auditor of Accounts. 
JULIUS L. CLARKE, aerk. 

♦Resigned March 29, 1861. 



GENERAL COURT, 

Arranged in Accordance with the District System of 1857. 



SENATE. 



President— 'W ILLIAM CLAFLIN. 



District. 


Name of Senator. 


Residence. 


First SuflFolk, . . . 


Amos A. Dunnels, 






Boston. 


Second " ... 


Lucius Slade, . . . 






t( 


Third " ... 


James Cheever, . . 






(( 


Fourth " ... 


George A. Shaw, . . 






(( 


Fifth " ... 


Charles 0. Rogers, . 






(( 


First Essex, .... 


Edwin Walden, . . 






Lynn. 


Second " .... 


William D. Northend, 






Salem. 


Third " .... 


Christopher Tompkins, 






Haverhill. 


Fourth " .... 


Eben F. Stone, . . . 






Newburyport. 


Fifth " .... 


John J. Babson, . . 






Gloucester. 


First Middlesex, . . 


Eugene L. Norton, . 






Charlestown. 


Second " ... 


John Schouler, . . . 






West Cambridge. 


Third " ... 


William Claflin, . . 






Newton. 


Fourth " ... 


Benjamin W. Gleason, 






Stow. 


Fifth " ... 


Oliver R. Clark, . . 






Winchester. 


Sixth " ... 


Arthur P. Bonney, . 






Lowell. 


Central Worcester, 


Ichabod Washburn, . 






Worcester. 



676 



SENATE. 



District. 


Name of Senator. 


Kesidence. 


South-East Worcester, 


Winslow Battles, . 






Milford. 


South-West " 


Sylvester Dresser, . 






Southbridge. 


West 


Freeman Walker, . 






North Brookfield. 


North-East " 


T. E. Glazier, . . 






Gardner. 


East " 


Benjamin Boynton, 






Westborough. 


Hampshire, .... 


Hiram Nash, . . 






Williamsburg. 


Franklin, 


John Sanderson, . 






Bernardston. 


Hampshire & Franklin, 


Sanford Goddard, . 






Montague. 


West Hampden, . . 


Timothy W. Carter, 






Chieopee. 


East " . . 


Gordon M. Fisk, . 






Palmer. 


North Berkshire, . . 


Lansing J. Cole, . 






Cheshire. 


South " . . 


Orlo Burt, . . . 






Sandisfield. 


North Norfolk, . . . 


Alpheus Hardy, 






Dorchester. 


East " ... 


Atherton N. Hunt, 






Weymouth. 


West " ... 


Joseph Day, . . . 






Dedham. 


North Bristol, . . . 


Nathaniel Cook, 






Mansfield. 


South " ... 


Samuel Watson, . 






New Bedford. 


West " ... 


Robert T. Davis, . . 






Fall River. 


North Plymouth, . . 


Edward Southworth, Jr., . 


N. Bridgewater. 


South " . . 


John M. Kinney, .... 


Wareham. 


Middle " . . 


Nathaniel H. Whiting, . . 


Marshfield. 


Cape, 


Marshall S. Underwood, . . 


Dennis. 


Island, 


Charles Dillingham, . . . 


Sandwich. 



STEPHEN N. GIFFOED, Cleric. A. S. PATTON, Chajilain. 

JOHN MORISSEY, Sergemii-at-Arms, 



HOUSE OF REPRESENTATIVES. 



Speaker— J OHN A. GOODWIN, 



COUNTY OF SUFFOLK. 



Town or Ward. 



Name of Representative. 



1st, 

2d, 

3d, 
4th, 
5th, 
6th, 
7th, 
8th, 
9th, 
10th, 
11th, 



Ward 1, Boston, 

Ward 2, Boston, 

Ward 3, Boston, 
Ward 4, Boston, 
Ward 5, Boston, 
Ward 6, Boston, 
Ward 7, Boston, 
Ward 8, Boston, 
Ward 9, Boston, 
Ward 10, Boston, 
Ward 11, Boston, 



12th, Ward 12, Boston, 



Cornelius Doherty, 
Alonzo M. Giles, 

Austin Gove, . . 
Josiah M. Read, . 
Hiram A. Stevens, 

Simeon P. Adams, 
Philip Ilarkins, . 

Josiah A. Brodhead, 
Samuel M. Quincy, . 

Edward Brown, . 
Harvey Jewell, . 

Martin Brimmer, . 
Philip H. Sears, . 

John H. Barry, . 
Charles W. Sawyer, 

John S. Tyler, . 
Eben Cutler, . . 

Thomas Hills, . . 
Charles W. Morris, 

Abijah Ellis, . . . 
Solomon B. Stebbins, 

Charles W. Slack, . 
H. Farnam Smith, . 

William C. Jenkins, . 
Hiram Emery, . . 
Zibeon Southard, 



Boston. 

(( 

Boston. 

u 

Boston. 

(( 

Boston. 

Boston. 

(( 

Boston. 
Boston. 
Boston. 
Boston. 

Boston. 

(( 

Boston. 

u 

Boston. 



678 



HOUSE OF REPRESENTATIVES. 

COUNTY OF SUFFOLK— Continued. 



District. 


Town or Ward. 


Kame of Representative. 


Residence. 


13th, 


( Chelsea, ^ 

■1 North Chelsea, . . i- 
(Winthrop, . . . .) 


Wm. Orne Haskell, . Chelsea. 
William W. Shaw, . Winthrop. 



COUNTY OF ESSEX. 



1st, 

2(1, 

3d, 

4th, 
5th, 

6th, 

7th, 

8th, 

9th, 

10th, 

11th, 
12th, 
13th, 

14th, 



f Amesbury, 

[ port, . 
Andover, 



J Salisbury, . . . 
' Ward 6, Newbury- 



r Beverly, 
■} Wenham, . 
(Topsfield, . 

Danvers, 

( Essex, . . 
I Manchester, 

( Georgetown, 
1 Groveland, . 



Gloucester, . 
Haverhill, . 



( Ips-wich, . . 
I Hamilton, . 

( Wards 3 and 4, Law- 
l rence, 



•1 
■1 



^ Wards 1, 2, and 6,] 
\ Lawrence, . . . | 

Wards 2 and 5, Lynn, 

( Wards 1, 6, and 7, > 
I Lynn, . . . . j 

j Marblehead & Ward ) 
\ 5, Salem, . • •) 



William S. Pettingill, 
Joshua Hale, . . . 



Simeon Bardwell, . . 

Augustus N. Clark, . 
Elijah E. Lummus, . 

George Tapley, . . 

Charles W. Reding, . 

Geo. W. Hopkinson, 

John S. E. Rogers, . 
Addison Center, . . 

George W. Chase, 
Levi C. Wadleigh, . 

Daniel E. Safford, 

Thomas A. Parsons, . 

Harrison D. Clement, 

Josiah F. Kimball, 

Gardiner Tufts, . . 

Thomas T. Paine, . . 
Benjamin K. Prentiss, 



Salisbury. 
Newburyport. 



Andover. 
Beverly. 

Danvers. 
Manchester. 

Groveland. 
Gloucester. 

u 

Haverhill. 

u 
Hamilton. 
Lawrence. 

Lawrence. 
Lynn. 
Lynn. 
Marblehead. 



HOUSE OF REPRESENTATIVES. 

COUNTY OF ESSEX— Continued. 



679 



Town or Ward. 



15th, 
16th, 

17th, 

18th, 
19th, 

20th, 

21st, 
22d, 

23d, 

24th, 

25th, 
26th, 



5 Methuen, and Ward ] 
I 5, Lawrence, . . | 

J Nahant, and Ward 4, 
i Lynn, 

C Newbury, ....') 
} West Newbury, . . ^ 
( Rowley, ) 



5 Wards 1 and 2, New- ' 
I buryport, . . . 

I Wards 3, 4, and 5, " 
I Newburyport, . . 

r Bradford, . . . 

■< North Andover, . 
(Boxford, . . . 

Eockport, .... 

Wards 1 & 3, Salem, 

( Wards 2, 4, and 6, 7 
I Salem, . . . . | 

rSaugus, 1 

■^ Lynnfield, ... . .> 
(Middleton, . '. . .) 

South Danvers, . . 

< Swampscott, & Ward ) 
I 3, Lynn, . . . . j 



Name of Representative. 



Cyrus Williams, . . 

John Q. Hammond, . 

Calvin Rogers, . . . 

George Goodwin, . . 

Frederick J. Coffin, . 

John K. Cole, . . . 

Austin W. Story, . . 

George Choate, . . 

James A. Gillis, . . 

George M. Whipple, . 

Harmon Hall, . . . 

John V. Stevens, . . 
Jonathan F. Phillips, 



Residence. 



Lawrence. 
Nahant. 

West Newbury. 

Newburyport. 
Newburyport. 

Boxford. 

Rockport. 

Salem. 

Salem. 

Saugus. 

South Danvers. 
Swampscott. 





COUNTY OF mDDLESEX. 




1st, 


Ward l,Charlestown, 


Charles Field, . . . 


Charlestown. 


2d, 


) Wards 2 & 3,Charles- ( 
i town, 1 


Marcellus Day, . . 
Edwin Woodman, 
Everett Torrey, . . 


Charlestown. 

u 


3d, 


Somerville, .... 


Columbus Tyler, . . 


Somerville. 


4th, 


Maiden, 


Richard Ward, . . 


Maiden. 



43 



680 



HOUSE OF REPRESENTATIVES. 
COUNTY OF MIDDLESEX— Continued. 



District. 


Town or Ward. 


N'ame of Representative. 


Residence. 


5th, 


Medford, . . . 




William M. Cudworth, 


Medford. 


6th* 


5 West Cambridge, 
\ Winchester, . . 


:! 


Charles Heywood, 


Winchester. 


7th, 


Cambridge, . . 


■! 


Francis L. Chapman, 
Geo. Wm. McLellan, . 
Anson Hooker, . . 


Cambridge. 

a 
u 


8th, 


5 Newton, .... 
{Brighton, . . . 




J. F. C. Hyde, . . . 
Frederick Barden, . 


Newton. 


9th,* 


< Watertown, . . 
tWaltham, . . . 


:} 


Daniel French, . . 
William White, . . 


Waltham. 
Watertown. 


10th, 


( Concord, . . . 
-; Lincoln, .... 
( Weston, .... 


;i 


Charles L. Tarbell, . 


Lincoln. 


11th, 


Natick, .... 




John J. Perry, . . . 


Natick. 


12th, 


5 Holhston, . . . 
I Shei'born, . . . 


:} 


CyrusHoughton, . . 


Holliston. 


13th, 


( Ashland, . . . 
\ Hopkinton, . . . 


;} 


Milton Claflin, . . . 


Hopkinton. 


14th, 


Framingham, . . 




James W. Clark, . . 


Framingham. 


15th, 


Marlborough, . . 




0. W. Albee, . . . 


Marlborough. 


16th, 


( Stow, .... 
-| Sudbury, . . . 
(Wayland, . . . 


il 


Dexter C. Jones, . . 


Sudbury. 


17th, 


r Acton, .... 
, Boxborough, . . 
j Littleton, . . . 
[_ Carlisle, .... 


y 


William W. Davis, . 


Boxborough. 


18th, 


r Burlington, . . 
•^Bedford, . . . 
(Lexington, . . . 


i 


Oakes Tirrill, Jr., . . 


Burlington. 


19th, 


Woburn, . . . 




Franklin Smith, . . 


Woburn. 


20th, 


( South Reading, . 
4 Melrose, . . . 
( Stoneham, . . . 


•) 


William H. Pierce, . 
Artemas Barrett, . . 


Stoneham. 
Melrose. 



* Town of Belmont incorporated 1859, embracing portions of Districts 6 and 9. 



HOUSE OF REPRESENTATIVES. 
COUNTY OF MIDDLESEX— Continued. 



681 



21st, 
22d, 

23d, 

24th, 

25th, 

26th, 
27th, 



Town or Ward. 



Same of Representative. 



Reading, . . . . 

North Heading, . . 

Wilmington, . . • 

Tewksbury, . . . 

Billerica, . . . . 

Wards 1, 2, and 5, 

Lowell, . . . . 



C Wards 3, 4, and 6, 
I Lowell, . . . . 



( Chelmsford, 

< Dracut, . . . 
( Tyngsborough, 

'Shirley, . . . 

Groton, • . . 

■l Dunstable, . . 

Westford, . . 

^Pepperell, . . 



( Townsend, . 
JAshby, . . 



Frederick Abbott, 



George P. Elliot, 



Jeremiah Clark, . 
David Nichols, . . 
Stephen P. Sargent, 

Hapgood Wright, . 
John A. Goodwin, 
Nathaniel B. Favor, 



H. W. B. Wightman, 



George H. Brown, 
Samuel P. Shattuck, . 



Joseph Foster, 



North Reading. 

Billerica. 
Lowell. 

u 

Lowell. 

u 
Chelmsford. 



Groton. 
Pepperell. 



Ashby. 



COUNTY OF WORCESTER. 



1st, 


( Ashburnham, 
I Wiuchendon, 






} 


Albert H. Andrews, . 


Ashburnham. 


2d, 


(Athol, . . 
\ Royalston, . 






} 


Elisha F. Brown, . . 


Royalston. 


3d, 


TDana, . . 

-| Petersham, . 
(Phillipston,. 






\ 


Josiah White, . . . 


Petersham. 


4th, 


J Templeton, . 
\ Hubbardston, 






} 


William Bennett, . . 


Hubbardston. 


5th, 


( Gardner, 
\ Westminster, 






} 


Joseph W. Forbush, . 


Westminster. 



682 



HOUSE OF REPRESENTATIVES. 

COUNTY OF WOKCESTEE— Continued. 



6tli, 

7th, 

8th, 

9th, 

10th, 

11th, 

12th, 
13th, 

14th, 

15th, 

16th, 
17th, 
18th, 

19th, 



f Fitchburg, 
J Leominster, 
I Sterling, 
[_ Lunenburg, 

( Harvard, 
4 Bolton, . 
(Berlin, . 

J Clinton, . 
[ Lancaster, 

r Princeton, 
■< Rutland, 
( Oakham, 

J Barre, . 
I Hardwick, 



r Warren, . . 
■I West Brookfield, 
( New Braintree, 

(North Brookfield 
I Brookfield, . . 



J Leicester, . 
( Spencer, 

rWest Boylston 
•< Holden, . . 
(Paxton, . . 

C Shrewsbury, 
■} Northborough, 
(Boylston, . 

< Westborough, 
\ Southborough, 

Grafton, . . 

^ Northbridge, 
\ Upton, . . 



Name of Eepresentativo. Kesidence. 



Milford, 



David H. Merriam, 
J. Q. A. Pierce, . 
Samuel Osgood, . 



John S. Wallis, . . 

John L. S. Thompson, 

Moses O. Ayres, . . 

Orow Trow, . . . 

Joseph Rawson, . . 

Charles Fales, . . . 

George L. Hobbs, . . 

Isaac Damon, . . . 

George H. Williams, . 

Dexter Newton, . . 

William F. Slocum, . 

Joshua W. Morse, 

Henry O. Lothrop, . 
Daniel S. Chapin, 



Fitchburg. 

Leominster. 

Sterlinsr. 



Bolton. 

Lancaster. 

Oakham. 

Hardwick. 

W. Brookfield. 

Brookfield. 
Spencer. 

Holden. 

Northborough. 

Southborough. 
Grafton. 
Northbridge. 
Milford. 



HOUSE OF REPRESENTATIVES. 
COUNTY OF WORCESTER— Continued. 



683 



Disti-ict. 


Town or Ward. 


Name of Representative. 


Residence. 


20tli, 


C Uxbridge, . . . 
( Mendon, 


I 
) 


Newell Tyler, . . . 


Uxbridge. 


21st, 


Blackstone, . . 




Charles H. Fletcher, . 


Blackstone. 


22d, 


(Webster, . . . 
1 Douglas, . . . 


\ 


Emory Sibley, . . . 


Webster. 


23d, 


^ South bridge, . . 
} Dudley, .... 


} 


William Beecher, . . 


Southbridge. 


24th, 


5 Charlton, . . . 
1 Sturbridge, . . . 


} 


James M. Belknap, . 


Sturbridge. 


25tb, 


( Oxford, .... 
< Sutton, .... 
(Millbury, . . . 




Horace Armsby, . . 
William R. Hill, . . 


Millbury. 

Sutton. 


2Gth, 


<f Auburn, and Ward ) 
I 6, Worcester, . . | 


Benjamin F. Otis, 


Worcester. 


27th, 


5 Wards 1 and 2, Wor- ) 
\ cestcr, .... 1 


Dexter F. Parker, . 


Worcester. 


28th, 


5 Wards 3 and 8, Wor- ] 
[ cester, . . . . ^ 


Joseph D. Daniels, . 


Worcester. 


29th, 


5 Wards 4 and 5, Wor- | 
I cester, . . . .\ 


Patrick O'Keefe, . . 


Worcester. 


30th, 


Ward 7, Worcester, . 


Alexander H. Bullock, 


Worcester. 



COUNTY OF HAMPSHIRE. 



1st, 



2d, 



3d, 



f Easthampton, 
Hatfield, . 
Northampton, 

i_ Southampton, 



[ Chesterfield, 
Huntington, 
Westhampton, 

[_ Williamsburg, 



f Cummington, 
Goshen, . . 
^ Middlefiekl, 
Plainfield, . 

[.Worthington, 



D. G. Littlefield, . 
Lyman C. Tiffany, 

I 

)- Albert Nichols, 

J 



William L. Church, 



Northampton. 
Southampton. 



Chesterfield. 



Middlefield. 



684 



HOUSE OF REPRESENTATIVES. 
COUNTY OF HAMPSHIRE— Continued. 



District. 


Town or "Ward. 


Name of Representative. 


Kesidence. 


4th, 
5th, 

6th, 


(Hadley 7 

I South Hadley, . . | 

r Amherst, ....') 

■< Granby, > 

(Pelham, ) 

pBelchertown, . . ." 
Enfield, 

-{ Greenwich, . . . ^ 
Prescott, .... 

|_Ware, _ 


Thomas M. Nash, . . 
Marcus C. Grout, . . 

Samuel Morse, . . . 
Elias Smith, . . . 


South Hadley. 
Pelham. 

Ware. 
Greenwich. 



COUNTY OF HAMPDEN. 



1st, 

2d, 
3d, 

4th, 

5th, 

6th, 

7th, 

8th, 

9th, 
10th, 



fBrimfield, . . . 
j Monson, .... 
I Holland, . . . 
LWales, J 

Palmer, 

( Wilbraham, . . . > 
\ Longmeadow, . . . ^ 

( Wards 1 & 2, Spring- 7 
I field, . . . .°.| 

( Wards 3 & 4, Spring- ] 
I field, \ 

^ Wards 5, 6, 7 and 8, } 
I Springfield, . . . | 

5 Chicopee, . . . 
( Ludlow, .... 

5 Holyoke, . . . 
( West Springfield, 

TAgawam, . . . 
-| Southwick, . . . 
( Granville, . . . 

Westfield, . . . 



William N. Flynt, . 

Solom'n R. Lawrence, 
Roderick H. Burnham, 

William B. Calhoun, . 

Simeon Newell, . . 

Oliver B. Bannon, . 

George S. Taylor, 
James M. Smith, . . 

Nathan Loomis, . . 

Theron Rockwell, . . 
David M. Chace, . . 



Monson. 

Palmer. 
Longmeadow. 

Springfield. 

Springfield. 

Springfield. 
Chicopee. 

W. Springfield. 

Southwick. 
Westfield. 



HOUSE OF REPRESENTATIVES. 

COUNTY OF HAMPDEN— Continued. 



685 



District. 


Towns. 


Xame of Representative. 


Residence. 


11th, 


'Chester, " 

Blandford, .... 

^ Tolland, > 

Montgomery, . . . 
Kussell, _ 


Samuel Hamilton, . . 


Tolland. 



COUNTY OF FRANKLIN. 



1st, 

2d, 

3d, 
4th, 

5th, 

6th, 
7th, 



' Bernardston, 
Colrain, . 
Greenfield, 
Gill, . . 
Leyden, . 
Shelburne, 

fBuckland, 
I Charlemont 
■< Heath, . 
Monroe, . 
_ Rowe, 

( Ashfield, 
< Conway, 
( Hawley, . 

( Deerfield, 
I Whately, 

f Leverett, . 
j Shutesbury, 
] Sunderland, 
(.Wendell, . 

rErving, . . 

J Montague, . 
(Northfield, . 

TNew Salem, 
■< Orange, . . 
( Warwick, . 



George T. Davis, 
D. Orlando Fisk, 



E. H. Stanford, . 

Joseph Vincent, Jr., 
Ira Abercrombie, . 

Jonathan Whitaker, 

A. C. Parsons, . . 
Lewis R. Howe, . 



Greenfield. 
Shelburne. 



Rowe. 



Ashfield. 



Deerfield. 



Wendell. 



Northfield. 



Orange. 



686 



HOUSE OF REPRESENTATIVES. 

COUNTY OF BERKSHIRE. 



District. 



1st, 

2d, 

3d, 

4th, 

5t]i, 
6th, 
7th, 

8th, 

9th, 



Kame of Bepresentative. 



f Hancock, . 
J Lanesborough, 
j New Asbford, 
l^Williamstown, 

' Adams, . 
Cheshire, 
Clarksburg, 
Florida, . 
Savoy, . 

(Pittsfield, 
■} Dalton, . 
( Richmond, 

Becket, . 

Hinsdale, 
-( Peru, . . 
1 Washington 
(^Windsor, 

r Lenox, . 

} Stockbrldge, 

( West Stockbridge 

C Lee, . . . 
( Tyringham, 

(Great Barrington, 

JAlford, . . . . 
(Monterey, . . . 

C New Marlborough, 
■} Sandisfield, . . . 
(Otis, 



(Sheffield, . . . 
.^ Mount Washington, 
(Egremont, . . . 



George W. Barker, 



Stoel E. Dean, . . 
Joseph D. Clark, . 



Otis R. Barker, 
Simeon M. Dean, 



Simpson Bell, . . 

Charles S. Piatt, . 
John Branning, 
Benjamin Peabody, 

Cyrus L. Hartwell, 

Henry H. Hoadley, 



Hancock. 



Adams. 
Clarksburg. 



Pittsfield. 
Dalton. 



Washington. 



W. Stockbridge. 



Lee. 



Gt. Barrington. 



N. Marlborough 



Sheffield. 



HOUSE OP REPRESENTATIVES. 
COUNTY OF NORFOLK. 



687 



1st, 
2d, 
3d, 

4th, 

5th, 

6th, 
7th, 

8th, 

9th, 
10th, 

11th, 

12th, 
13th, 
14th, 



Dedham, . . 
West Koxbuiy, 
Brookline, . . 

Roxbuiy, . . 

Dorchester, 

Quincy, . . . 
Braintree, . . 

Weymouth, 

Randolph, . 

Stoughton, . 

f Canton, . . 

J Milton, . . 
j Walpole, 

l_ Sharon, . . 

( Foxborough, 
} Wrentham, . 
( Medway, . 

( Franklin, . 
I Bellingham, 

(Needham, . 
} Medfield, . 
( Dover, . . 



Name of Representative. 



i 



Eliphalet Stone, . . 

Everett C. Banfield, . 

Edward R. Seccomb, 

( William A. Crafts, . 
' Andrew W. Newman, 
George Curtis, . . . 

Henry L. Pierce, . . 
Samuel S. Drew, . . 

Charles Marsh, . . . 

Francis A. Hobart, . 

Charles W. Hastings, 
John W. Bartlett, . . 

Seth Mann, 2d, . . 

Frederic Capen, . . 



H. Augustus Lothrop, 
James M. Bobbins, . 



William H. Cary, 
Otis Cary, . . 



Dedham. 

West Roxbury. 

Brookline. 

Roxbury. 

Dorchester. 

(I 

Quincy. 

Braintree. 

Weymouth. 

Randolph. 
Stoughton. 



Sharon. 
Milton. 



Medway. 
Foxborough. 



James P. Ray, . . . Franklin. 

Solomon Flagg, . . Needham. 



COUNTY OF BRISTOL. 



1st, 



2d, 



5 Pawtucket, . 
[ Attleborough, 

(Mansfield, . 
I Norton, . . 



. . ) Gardner C. Hodges, 

. . I James Dean, . . 



Attleborough. 
Pawtucket. 



Annis A. Lincoln, Jr., Norton. 



44 



688 



HOUSE OF REPKESENTATIVES. 
COUNTY OF BRISTOL— Continued. 



District. 


Town or Ward. 


Name of Eepresentative. 


Eesidence 




( Easton, .... 


■I 


Enoch Robinson, . . 




3d, 


\ Rajnham, . . . 


Raynham. 


4th, 


Taunton, . . . 


■! 


George Godfrey, . . 
Solom'n Woodward,Jr. 
Charles R Atwood, . 


Taunton. 


5th, 


1 Eehoboth, . . . 
\ Seekonk, . . . 


:! 


George B. Bliss, . . 


Rehoboth. 


6th, 


C Dighton, .... 
■< Somerset, . . . 
( Swanzey, . . . 


:i 


Jonathan Pratt, . . 


Dighton. 


7th, 


Fall River, . . . 


•1 


Lloyd S. Earle, . . 
S. C. Wrightington, . 


Fall River. 


8th, 


Westport, . . . 


• 


Ezra P. Brownell, 


Westport. 


9th, 


Dartmouth, . . . 




Francis W. Mason, . 


Dartmouth. 


10th, 


( Wards 1 and 2, New 7 
I Bedford, . . . . j 


Sabin P. Chambei'lain, 
William F. Durfee, . 


New Bedford. 


11th, 


5 Wards 3, 4, 5 and 6 
I New Bedford, . 


■I 


Richard A. Peirce, . 
Robert Gibbs, . . . 
Caleb L. Ellis, . . . 


New Bedford. 

u 


12th, 


r Berkley, . . . 
< Freetown, . . . 
(Fairhaven, . . . 


■} 


Samuel L. Ward, . . 
William Babbitt, . . 


Fairhaven. 

Berkley. 



COUNTY OF PLYMOUTH. 



1st, 


rHuii, . . . . 

} Cohasset, . . . 
( Scituate, . . 


;1 


Loring Bates, . . . 


Cohasset. 


2d, 


Hingham, . . . 




David Cain, .... 


Hingham. 


3d, 


5 South Scituate, . 
(Hanover, . . . 


:} 


Joseph H. Studley, . 


Hanover. 


4th, 


( Marshfield, . . . 
"[Pembroke, . . 


■■\ 


Otis H. Bates, . . . 


Pembroke. 



HOUSE OF REPRESENTATIVES. 
COUNTY OF PLYMOUTH— Coatlnued. 



689 



5th, 
6th, 
7th, 

8th, 

9th, 
10th, 

11th, 

12th, 

13th, 



( Diixbury, 
^ Kingston, 

( Plymouth, 
I Carver, . 

( Wareham, 
I Marion, . 

( Mattapoisett, 
-} Rochester, . 
( Lakeville, . 



Middleborough, 

f Bridge water, . 
I West Bridgewater. 



( East Bridgewater, 
\ North Bridgewater, 

Abington, . . . 

( Hanson, .... 
■] Halifax, .... 
( Plympton, . . . 



Name of Eepresentative. 



Frederic C. Adams, . 

Samuel O. Whitmore, 
Ralph Copeland, . . 

Silas .T. Soule, . . . 



Silvanus Gifford, . . 

Francis M. Vaughan, 

Mitchell Hooper, . . 

L. D. Hervey, . . . 

William Allen, . . . 

Isaiah Jenkins, . . . 

Otis W. Soule, . . . 

George F. Stetson, . 



Kingston. 



Plymouth 
Carver. 



Wareham. 

Mattapoisett. 

Middleborough. 

Bridgewater. 

N. Bridgewater. 
E. Bridgewater. 

Abington. 
Hanson. 



COUNTY OF BARNSTABLE. 



( Barnstable, 
1st, |-< Sandwich, 
( Falmouth, 



2d, 



3d, 



4th, 



f Yarmquth, 
J Dennis, . 
I Harwich, 
[_ Chatham, 

( Brewster, 
■< Orleans, . 
( Eastham, 

C Wellfleet, 
< Truro, . 
( Provincetown, 



John S. Fish, . . 
Ansel Lewis, . . 
Geo. W. Donaldson, 

Edward Smally, . 
Samuel Higgins, . 
John K. Sears, . . 



Jesse C. Snow,. 



Lewis Lombard, 
James Gifford, . 



Sandwich. 

Barnstable. 

Falmouth. 

Harwich. 
Chatham. 
Yarmouth. 



Orleans. 



Truro. 
Provincetown. 



690 



HOUSE OF REPRESENTATIVES. 
COUNTY OF DUKES. 



District. 


Towns. 


Name of Representative. 


Residence. 


One. 


( Edgartown, . . . ^ 

■< Tisbury, >- 

(Chilmark, . . . .) 


Allen Tilton, . . . 


Chilmark. 



COUNTY OF NANTUCKET. 



On: 



Nantucket, 



Elisha Smith, 
Alfred Swain, 



Nantucket. 



WILLIAM STOWE, aerh 
A. L. STONE, aiaplain. 



JOHN MORISSEY, Sergeant-aUArms. 
EDGAR M. BROWX, Door-leeper. 



JUDICIAL DEPAETMENT 



SUPREME JUDICIAL COURT 

CHIEF JUSTICIC. 

GEORGE T. BIGELOW, of Boston. 

ASSOCIATE JUSTICES. 

CHARLES A. DEWEY, of Northampton. 
THERON METCALF, of Boston. 
PLINY MERRICK, of Boston. 
EBENEZER R. HOAR, of Concord. 
REUBEN A. CHAPMAN, of Springfield. 



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 Cambridge. 
THOMAS RUSSELL, of Boston. 
JOHN P. PUTNAM, of Boston. 
LINCOLN F. BRIGHAM, of New Bedford. 



692 



JUDICIAL DEPARTMENT. 



JUDGES OF PROBATE AND INSOLVENCY. 



ISAAC AMES, Boston, .... 
GEORGE F. CHOATE, Salem, 
WILLIAM A. RICHARDSON, Lowell, . 
HENRY CHAPIN, Worcester, 
SAMUEL F. LYMAN, Northampton, . 
JOHN WELLS, Chicopee, 
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. 

Hampshire. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Plymouth. 

Bristol. 

Barnstable. 

Dukes. 

Nantucket. 



DISTRICT-ATTORNEYS. 

GEORGE P. SANGER, 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 Bridgewater. 

Barnstable. 

Worcester. 

Westfield. 

Greenfield. 



SHERIFFS 

JOHN M. CLARK, Boston, . 
JAMES GARY, Lawrence, 
CHARLES KIMBALL, Winchester, 
JOHN S. C. EINOWLTON, Worcester, 
HENRY A. LONGLEY, Northampton, 
FREDERICK BUSH, Springfield, . 
SAMUEL H. REED, Greenfield, . 
GRAHAM A. ROOT, Sheffield, 
JOHN W. THOMAS, Dedham, . 
GEORGE H. BABBITT, Taunton, . 
JAMES BATES, Plymouth, . 
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. 



JUDICIAL DEPARTMENT. 



693 



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 aiASON, Worcester, . 

SAMUEL WELLS, Northampton, . 

GEORGE B. MORRIS, 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. 

Worcester. 

Hampshire. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Bristol. 

Plymouth. 

Barnstable. 

Dukes. 

Nantucket. 



MEMBERS OF THE THIRTY-SEVENTH CONGRESS. 



SENATORS. 

CHARLES SUMNER, of Boston. 
HENRY WILSON, of NaticL 

REPRESENTATIVES. 

District I.— THOMAS D. ELIOT, of New Bedford. 
IL— JAMES BUFFINGTON, of Fall River. 
III.— BENJAMIN F. THOMAS,* of West Roxhury. 
IV.— ALEXANDER H. RICE, of Boston. 
v.— WILLIAM APPLETON, of Boston. 
VL— JOHN B. ALLEY, of Lynn. 
VIL— DANIEL W. GOOCII, of Melrose. 
VIII.— CHARLES R. TRAIN, of Framingham. 
IX.— GOLDSMITH F. BAILEY, of Fitchhurg. 
X.— CHARLES DELANO, of Northampton. 
XL— HENRY L. DAWES, of Adams. 



* Chosen May 11 ; vice Charles Francis Adams, resigned. 



ODomm0itlDeaItlj of Passarljusdts, 



Secretart's Department, Boston, 
June 15, 1861. 



I hereby certify that the printed Acts, Resolves, &c., 
contained in this volume, are true copies of the originals. 



OLIVER WARNER, 

Secretary of the Commonwealth. 



INDEX. 



Abington Gas Light Company, to incorporate, . 

*' and Hingham, to establish Boundary Line between, 
" and Randolph, to establish Boundary Line between 
Acushnet, Town of, additional to Act incorporating, 
Address of the Governor, .... 

Address, Valedictory, of Governor Banks, 
Administrators, extending their powers to settle controversies by arbi 
tration or compromise, .... 

Agawam Bridge Company, to confirm organization and proceedings of. 
Agent for Discharged Convicts, increasing expenditures and compensa- 
tion of, ..... . 

Agent, Land, to abolish the Office of, . 

Agents of Insurance Companies, respecting. 

Agricultural Branch Railroad Company, additional to Act incorporating, 

" " «' " authorized to change location of 

road, 
Agricultural School or College, in favor of establishing. 
Agricultural Societies, concerning, .... 

" " and Farmers' Clubs, for protection of, . 

Agricultural Society, Hampden County, changing time of holdin 

Annual Exhibition, 
•* " " *' in favor of, . 

-' " Worcester, relating to, . 

Almshouse State, at Bridgewater, in favor of, . 

" State, at Monson, in favor of, . . . 

Almshouses, State, Appropriation for Expenses of, 

" " in aid of, . 

American Flax Cotton Company, to increase Capital Stock and change 

location of, . 
American Society of Hibernians, to incorporate. 
Ancestors of Washington, certain Memorials of, relating to, 
Appeals or exceptions in the Superior Court, relative to costs, . 
Appropriation for pay of Members and Officers of Valuation Com 
mittee, ..... 

'< for compensation of Presidential Electors, 

'< for an Emergency Fulid, 

" " " " repealed, 

" to pay certain Expenses of 18G0, and previous year.-, 



Page 373 
389 
390 
356 

5G5, 653 
G13 

488 
362 

387 
390 
486 
523 

374 
560 
491 
445 

414 
556 
389 
560 
549 
365 
561 

444 
411 
555 
475 

539 
538 
355 
488 
363 



45 



11 



INDEX. 



Appropriation to meet certain Expenditures authorized in 1861, and 

for other purposes, . . . 525, 532, 648, 650 

" for certain Expenditures, Deficiencies, &c., . . 523 

" for Expense of running line between Massachusetts and 

Rhode Island, ..... 562 

«* for Expenses of State Almshouses and Rainsford Island 

Hospital, . . . . . . 365 

«' in favor of State Reform School, . . . 545 

" in favor of State Normal Schools, . . . 540 

" made in 1860, transfer of, .... 345 

" for maintenance of Government, . . . 401 

" for Mileage and Compensation of Lieutenant-Governor, 

Council and Legislature, .... 354 

" from Moiety of Income of School Fund applicable to 

Educational purposes, . . . . 442 

" of Moneys by Cities, for Military and other purposes, 

authorized, . . . . . . 476 

" for Plates, Paper, and Printing of Scrip, to be issued by 

the Commonwealth, . . . . . 652 

" for purchase of Safe for Treasurer's Office, . . 552 

" Town of Clinton authorized to make, for Military pur- 

poses, ....... 446 

" Towns of Shelburne and Buckland autliorized to make, 

for Military purposes, . . . . 384 

" and transfer of Moneys in Quartermaster- General's 

Department, ..... 554 

" for Transportation of State Paupers, . . . 361 

Aqueduct Company, Cambridgeport, Cambridge ^Vater Works may 

purchase property and franchise, ..... 349 

Arkwright Mutual Fire Insurance Company, additional to Act incor- 
porating, ........ 366 

Arrests on Mesne Process and Execution, relating to Notice to creditors, 439 

Arsenal at Cambridge, Resolve for painting, . . . . 542 

Assistant-District Attorney, for Suifolk County, Resolve on Petition of, 540 

Asylum for the Blind, Massachusetts, in aid of, . . . . 548 

Attorney- General's Office, to be provided with the Reports of the Com- 
monwealth, ........ 550 

Auditor, Destruction of Bank Notes by, upon application, concerning, 475 



B. 

Back Bay, Plan of building upon, concerning a modification of, 

" " Streets on, relating to. 
Badges for Officers of the Legislature, relative to. 
Baker, Levi, versus Henry A. Wise, relating to case of. 
Bank, Bay State, to confirm the reduction in its Capital Stock, 
" Boston Penny Savings, to incorporate, 
" Brighton Five Cents Savings, to incorporate, 
" Bristol County, to increase Capital Stock of. 



558 
458 
555 
639 
443 
382 
422 
358 



INDEX. 



Ill 



Bank, Essex, of Haverhill, to increase Capital Stock of, . 
" Franklin Savings, Boston, to incorporate, 
" Mechanics' Savings, Lowell, to incorporate, 
" Notes, destruction of, by Auditor, to be in presence of Cashier 
and a Director, ..... 

" of Petty Loans and Savings, to incorporate, 
" Salena Five Cents Savings, authorized to hold Real Estate, 
Banks and Banking, concerning, ..... 

" enabled to purchase Government Securities, 
Barnstable and Buzzard's Bay, Ship Canal to connect, relating to, 
Bay State Bank, to confirm the reduction in its Capital Stock, . 
Belmont Horse Railroad Company, to incorporate, 

" and West Cambridge, changing Boundary Line between, 
Belvidere Woollen Manufacturing Company, additional to Act incorpo 
rating, ....... 

Berkeley Street Congregational Society, Name changed, from Pine 
Street Congregational Society, .... 

Berkshire County, Law Term of S. J, Court for, changing time of 
holding, ..... 

" " Sheriff of, Salary established, . 

Blind, Massachusetts Asylum for, in favor, 
Boston, additional to Act for supplying with pure Water, 
Boston Harbor, authorizing transfer of certain Flats in, . 

" Penny Savings Bank, to incorporate, 
Boston, Police Court of, relating to, . 

Boston and Roxbury Mill Corporation, Commissioners on Public Lands 
to confer with, respecting continuance of Tolls on Mill-dam, 
«' Society of Natural History, concerning, . 
" " " " granting aid to, 

" " of the New Jerusalem, additional to Act incorporating 

" and Southern Steamship Company, to amend the Charter of, 
Boundary Line between Abington and Hingham, established, . 
" " between Abington and Randolph, established, . 

" " between Belmont and West Cambridge changed, 

" " between Brewster and Orleans established, 

" " between Harwich, Chatham and Orleans, relating to, 

" " between Massachusetts and Rhode Island, concerning, 

" " between Massachusetts and Rhode Island, appropriation 

for expense of running, ..... 

Bowditch Manufacturing Company, to incorporate, 
Bradford and Haverhill Police Court, concerning, 
Braintree South Parish, to sell Real Estate and apply proceeds, . 
Breakwater in Gloucester, Beniah Colburn and others to extend, 
Brewer, Elisha, Jr., in favor of, . 
Brewster, A. O., on petition of, . 

Brewster and Orleans, establishing Boundary Line between. 
Bridge, Charles River and the Warren, establishing Salaries of Draw 
tenders, ....... 



Page 360 
386 
376 

475 
466 
362 
384 
639 
540 
443 
394 
348 

357 

346 

412 
440 
548 
648 
489 
382 
638 

522 
391 
492 
359 
386 
389 
390 
348 
372 
559 
496 

562 
366 
531 
375 
360 
542 
540 
372 

411 



IV 



INDEX. 



Bridge Company, Agawam, to confirm organization and proceedings of, 
" across Herring River, Selectmen of Harwich to construct, 
" " " " authorizing maintenance of. 

Bridge, Neponset, concerning, .... 
«' Patucket, concerning, .... 

Brighton Five Cents Savings Bank, to incorporate, 

Bristol County Bank, to increase Capital Stock of, 

" •' Law Term of S. J. Court established at Taunton 

Broadway Railroad Company, concerning, 

Brookline Water Company, .... 

Brown, Artemas, on petition of, . 
" Edgar M., in favor of, . 

Buckland and Shelburne authorized to make appropriation for Military 
purposes, ...... 

Building and Real Estate Company, to incorporate. 

Buildings and Lands, Liens upon, relating to, 

Buildings, Wooden, in Springfield, relating to construction of, 

Burgwyn, Henry K. and wife, on petition of, 

Burr, Sally and James, Punkapog Indians, in favor of, . 



Page 362 
358 
361 
516 
347 
422 
358 
531 
499 
529 
539 
539 

384 
356 
447 
465 
553 
547, 548 



c. 

Cabinet, State, in favor of, .... . 

Cambridge, Dams and Dikes in, additional to Act authorizing E. T. Dana 

and others to construct, ..... 

Cambridge Mutual Fire Insurance Company, to continue in force Act 
incorporating, ..... 

*' Water Works, authorized to purchase property and franchise 

of the Cambridgeport Aqueduct Company, 
Camps, authorizing establishment of, . 

Canal, Ship, to connect Barnstable and Buzzard's Bay, relating to, 
Cape Cod Central Railroad Company, to incorporate, 

" " Mutual Fire Insurance Company, to incorporate. 
Cattle, killed by order of Commissioners, indemnification for, . 
Change of Names, ...... 

Channing Home, to incorporate, ..... 

Chappequiddic and Christiantown Indians, in favor of, . 

Charles River and Warren Bridges, establishing Salaries of Draw 

tenders, ....... 

Charlestown, City of, additional to Act establishing, 

" " " for supplying with pure Water, . 

Charlestown Freight Railroad Company, to incorporate, 
Chatham, Harwich and Orleans, relating to Boundary Lines between, 
Children's Friend Society, Worcester, in aid of, . 

Church, First Independent, in Groveland, authorized to sell P>,eal Estate 
Cities, authorized to appropriate Moneys for certain purposes, . 
Civil Government List, ...... 

Claflin Mills, to incorporate, . . , . . 



558 

414 

345 

349 
643 
540 
423 
465 
546 
667 
375 
554 

411 
447 
415 
350 
559 
548 
372 
476 
673 
444 



INDEX. 



Clerks and County Treasurers, relative to duties in cases of Fines, For 
feitures and Costs, ...... 

Clerks of Police Courts, relating to Election of, . 

Cliftondale Railroad, concerning, .... 

Clinton, Town of, authorized to make a military appropriation, . 
Clubs, Farmers', to protect, ..... 

Colburn, Beniah, and others to extend Breakwater in Gloucester, 
Commissioners of Essex County, to borrow Money for erection and 
alterations of Public Buildings, 
" of Hampden County, to borrow Money, . 

" to Washington Convention, for appointment and Com- 

pensation of, . 
Committee Eooms in the State House, concerning the warming and ven- 
tilating of, . 
Company B, Third Battalion of Infantry, in favor of, . 
" " Ninth Regiment of Infantry, in favor of, . 
Complaints and Indictment, relating to, . 

Concord and Sudbury Meadows, Flowage of, to suspend Act relating to 
Congregational Society, Pine Street, Name changed to Berkeley Street 
Congregational Society, 
" Society in Roxbury, Vine Street, to confirm and establish 

the organization of, . 
" " of Woburn, First, concerning, 

Constitution and the Union, Acts to provide for the maintenance of, 639, 641, 
Convention at Washington, for appointment and compensation of Com- 
missioners to attend, ...... 

Convicts, Discharged, Agent for, increasing Expenditures and Com 
pensation, ....... 

Copper Manufacturing Company, Taunton, to increase Capital Stock of, 
Cordis, Thomas F. and others, on petition of, . 
Coroners, Special, for appointment of, . 

Corporations and Assessment of Taxes upon Shares, relating to. 
Corporations, Joint Stock, relating to, . 
Costs, in Certain Cases, relating to, . 

Costs of Criminal Prosecutions, additional to Act defining. 
Cotton Company, Naumkeag Steam, further to increase their Capital 
Stock, ...... 

" and Woollen Manufacturing Company, Troy, to increase Capital 
Stock of, ..... . 

Council, Appropriation for Mileage and Compensation of, 

♦' relating to Witnesses before, .... 

Counterfeiting, granting Aid for Suppression of. 

County Commissioners of Essex, to borrow Money for erection and 
alteration of Public Buildings, 
" " of Hampden, to borrow Money, . 

" Taxes, granting, ...... 

'• Treasurers, relating to duties in cases of Fines, Forfeitures and 
Costs, . . ...... 



Page 494 
474 
352 
446 
445 
360 

448 
539 

537, 559 

563 
544 
544 
491 

467 

346 

490 
444 
642 



537, 559 

387 
441 
543 
439 
486 
441 
475 
460 

349 

360 
354 
476 
541 

448 
539 
556 

494 



VI 



INDEX. 



Court, Police, of Boston, relating to, . 

" '< of Haverhill and Bradford, concerning, . 

" " of Lee, Salary of Justice established, 

" " of Milford, to abolish, .... 

" SujDreme Judicial, establishing Law Term of, at Taunton, 

" " " Law Terms, for Counties of Berkshire, Hamp 

shire and Franklin, changing time of holding. 
Courts, Police, relating to, .... . 

" " relating to certain Expenses of, . 

" " relating to Election of Clerks, 

" Probate and Insolvency, giving Judges supervision of their 
Records, ....... 

Cranberry and Fishing Company, Little Sipwissett, to incorporate, 
Creditors of Persons arrested on Mesne Process and Execution, relatin 

to Notice to, . 
Criminal Prosecutions, Costs of, additional Act defining. 
Crowd, Polly, in favor of, ..... 



Page 638 
531 
458 
474 
531 

412 
440 

487 
474 

411 

385 

439 
460 
547 



D. 

Dams and Dikes in Cambridge, additional to Act authorizing E. T. Dana 
and others to construct, ..... 

Debt of the Commonwealth, Unfunded, making provision for, , 

Debtors, Insolvent, concerning Estates of, . . 

Dedham and West Roxbury Railroad Company, to incorporate, 

Denison, Arad, in favor of, .... . 

Discharged Convicts, Agent for, increasing his Expenditures and Com- 
pensation, ....... 

Discipline and Instruction of a Military Force, providing for, . 

District- Attorney, Assistant, for Suffolk County, on petition of, 

Districts, School, in Freetown, relating to, . 

" " relating to, . 

Dorchester and Milton Branch Railroad Company, to extend its road. 

Draw-tenders of Charles River and Warren Bridges, establishing Sala 
lies of, ...... • 

Drody, Allen G., Jr., in favor of, .... 

Drunkenness, Single Acts of, repeal of Act relating to, . 

Duxbury Railroad Company, to incorporate. 



414 
520 
414 
448 
555 

387 
643 
540 
465 
447 
371 

411 

542 
452 
460 



E. 

Earle, John Milton, in favor of, . 

<< " " Report on Indians of Mass., for the distribution of, 
East Boston Wharf Company, to increase Capital Stock of, 

" Cambridge Land Company, to incorporate. 
Eastern Avenue Corporation, concerning. 

Eastern Railroad Company, authorizing transfer of certain Flats to, 
Easton, Jemima, in favor of, . 
Eclectic Medical Society, Massachusetts, to incorporate, 



558 

562 
421 
376 
387 
489 
550 
380 



INDEX. 



Vll 



Election of Clerks of Police Courts, relating to, 
<' of Town Officers, in 1861, ratifying, 
" " " relating to, 

Electors, Presidential, appropriation for pay of. 
Emergency Fund, appropriation for, 

" " " " repealed, 

Emerton, Increase N., in favor of, 
Equipment of Troops for Active Service, relating to, 
Essex, Bank of Haverhill, to increase Capital Stock of, 

" County, Commissioners of, to borrow Money for erection and 

alteration of Public Buildings, 

Estates in the Commonwealth, to secure a uniform description and 

appraisal of, for purposes of 

Taxation, 

" " " Amendatory Act, 

" of Insolvent Debtors, concerning, 

" and Polls of Cities and Towns in the Commonwealth, establishing, 



Page 474 
459 
520 
538 
355 
488 
545 
552 
360 

448 



476 
639 
414 
424 



Amendatory Act, ....... 

Executors, extending powers of, to settle controversies by arbitration 

or compromise, ....... 

Exhibition of the Hampden County Agricultural Society, changing time 

of holding, ........ 

Eye and Ear Infirmary, Massachusetts Charitable, in aid of, 



638 
488 



414 
542 



F. 

Fairhaven Branch Railroad Company, authorized to convey its Franchise 
and Property, ..... 

" Institution for Savings, authorized to hold Heal Estate, 

Fall River Miitual Fire Insurance Company, to incorporate, 

" and "Warren Railroad Company, to amend Act incorporatin 

Families of Volunteers, in aid of, .... 

Farmers' Clubs and Agricultural Societies, for protection of. 
Fees of Officers for Service of Warrants, for Return of, . 
Female Moral Reform Society, New England, in aid of. 
Fines, Forfeitures and Costs, relating to duties of Clerks and County 

Treasurers, in cases of, .... . 

Fire Insurance, concerning Form of Policies, ... 
First Congregational Society in Woburn, concerning, . 

" Independent Church in Groveland, authorized to sell Real Estate 
Fishery in Winchester, for the regulation of, . 
Fishing Company, Little Sipwissett, to incorporate. 
Flats in Boston Harbor, certain, authorizing transfer of, 

'• between Wood Island and Winthrop, Lease of to George Odiorne, 

confirmed, ....... 

Flax Cotton Company, American, to increase Capital Stock, and chang 

location of, . 



387 
386 
384 
490 
649 
445 
440 
545 

494 
466 
444 
372 
473 
385 
489 

374 

444 



Vlll 



INDEX. 



Forfeitures and Costs, relating to duties of Clerks and County Treas- 
urers in cases of, ...... . Page 49i 

Framingham, Overseers of Poor of, for the benefit of Mary McGrath, 

in favor of, . . . . . . . . 540 

Franklin County, Law Term of Supreme Judicial Court for, changing 

time of holding, ...... 412 

*' Savings Bank, to incorporate, ..... 386 

Freetown, School Districts in, relating to, ... . 465 

Freight Railroad Company, Charlestown, incorporated, . . . 350 

French, J. B., and J. I. Hillard, to extend their Wharf, . . 474 

Fund, Emergency, appropriation for, ..... 355 

«' " " " repealed, .... 488 

" Ministerial, in Woburn, concerning Trustees of, . . . 444 
" School, appropriation from Moiety of Income applicable to Edu- 
cational purposes, ...... 442 

" Sinking, providing for, ...... 637 

" Western Railroad Sinking, relating to certain investments of, . 517 



G. 

Gas Light Company, Abington, to incorporate, . 

" " " Milton, to incorjDorate, 

" " " Natick, to incori^orate, 

" " " North Adams, to incorporate, 

Gas Meters, for Inspection of. Protection of Gas Consumers, &c.. 
Gay Head Indians, in favor of, . 
Government Oificers, State, ..... 

" Securities, to enable Banks to purchase, 

Governor's Address, ...... 

'< Private Secretary, establishing the Office of, . 

Great Pasture Company, in Salem, additional to Act incorporating, 
Groveland, First Independent Church, authorized to sell Real Estate, 
Guardians, extending powers of, to settle controversies by arbitration 
or compromise, ...... 

Guardians and Wards, concerning, .... 



373 
357 
383 
364 
480 

557, 561 
673 
639 

565, 653 
535 
384 
372 

488 
447 



H. 

Habeas Corpus and Personal Liberty, concerning, 

Halloran, Mary, in favor of, . 

Hampden County Agricultural Society, in favor of, 

«' " " '« changing time of holdinj 

Exhibition, ...... 

Hampden County, Commissioners of, to borrow money, 

Hampshire County, Law Term of S. J. Court, for changing 
holding, ...... 

Harbor of Boston, certain Flats in, authorizing transfer of, 

Harrington, W^illard A., in favor of, . 

Harris, Arthur, in favor of, . 



Annua 



time of 



398 
540 
556 

414 
539 

412 
489 
557 
552 



INDEX. 



IX 



Harwich, Chatham and Orleans, relating to Boundary Lines between, 
Haverhill and Bradford Police Court, concerning, 
Hayti, Republic of, concerning recognition of its Independence, 
Herring River, Bridge across, authorizing maintenance of, 

" '» «« " Selectmen of Harwich to construct, 

Hibernians, American Society of, to incorporate, 
Hill, John, in favor of, . 

Hillard, J. I., and J. B. French, to extend their Wharf, 
Hingham and Abington, to establish Boundary Line between, . 
Hingham Listitution for Savings, authorized to hold Real Estate, 
Hingham Mutual Fire Insurance Company, authorized to hold Real 
Estate, ....... 

Hogan, Dennis S., in favor of, . 
Home, Channing, for poor invalids, to incorporate. 
Home for Inebriates, Washingtonian, in favor of. 
Horse Railroad Company, Belmont, to incorporate, 

" " " Broadway, concerning, 

" " " Charlestown Freight, to incorporate, 

" " " Cliftondale, concerning, 

" " " Dedham and West Roxbury, to incorporate 

" " " Duxbury, to incorporate, 

•• " " Lynn and Boston, concerning, 

" " " Quincy, to incorporate, 

" " " Salem and South Danvers, to incorporate, 

" " " Suffolk, concerning, . 

" " " Waltham and Watertown, concerning, 

" " " Winnisimmet, concerning, . 

'* " '♦ Winthrop, to incorporate, 

" " " Worcester, to incorporate, 

Horse Railroad Corporations, relating to, . . . 

Hospital, Lunatic, at Northampton, in favor of, . 
Hospital, Rainsford Island, appointment of Inspectors, concerning, 

" " " Appropriation for Expenses of. 

Hospitalities of the State tendered to the President Elect of the United 
States, ....... 

House of Representatives, relating to Reporters' Seats in, 
Howard Fire Insurance Company, additional to Act incorporating, 



Page 559 
531 
562 
361 
358 
411 
560 
474 
389 
346 

348 
547 
375 
557 
394 
499 
350 
352 
448 
460 
346 
367 
377 
516 
388 
354 
391 
462 
441, 521 
653 
618 
365 

637 
536 
385 



Idiotic and Feeble-Minded Youth, Massachusetts School for, in favor, . 
<« '< " Massachusetts School for, to pay 

Expenses incurred on Buildings, ..... 
Independence of Hayti, concerning the recognition of, . 
Indian Titles to Land in Plymouth County, concerning, 
Indians, Punkapog, Sally Burr, Polly Crowd, C. E. Myers and James 
Burr, in favor of, . 
" Chappequiddic and Christiantown, in favor of, . 
46 



542 

543 
562 
557 

547, 548 
654 



INDEX. 



Indians, Gay Head, in favor of, . . . . . . 557, 

Indians of Massachusetts, J. M. Earle's Report concerning distribution of. 
Indictment and Complaints, concerning, .... 

Industrial School, State, in aid of, ... . 

« " " concerning purchase of Building and Lands for 

" " " relating to, ... . 

Infirmary, Massachusetts Charitable Eye and Ear, in aid of, 
Insects Injurious to Vegetation, Report on, for further distribution, 
Insolvency Courts, giving Judges of. Supervision of the Records, 
Insolvent Debtors, concerning Estates of, . . . 

Insolvent Law, concerning Mortgages in fraud of. 
Inspection of Straw, providing for, .... 

Inspectors of Rainsford Island Hospital, concerning appointment of. 
Institute of Technology, Massachusetts, incorporating and granting aid to 
Institution for the Blind, Perkins, in aid of, . 

" for Savings, Fairhaven, authorized to hold Real Estate, 

" " " Hingham, authorized to hold Real Estate, 

•' " " Mercantile, Boston, to incorporate. 

Instruments used in Survey of the State, relating to. 
Insurance Companies, Agents of, concerning, 

" Company, Arkwright Mutual Fire, additional to Act incor 
porating, .... 

«' " Cambridge Mutual Fire, to continue in force Act 

incorporating, . 
«» " Cape Cod Mutual Fire, to incorporate, 

" " Fall River Mutual Fire, to incorporate, 

«« " Hingham Mutual Fire, authorized to hold Real 

Estate, ..... 

" " Howard Fire, additional to Act incorporatin 

«» " Mechanics' Mutual Fire, Name changed to Worces- 

ter Manufacturers' Mutual Insurance Com- 
pany, .... 

♦' " Mutual Protective Fire, to incorporate, 

«' •' National, to reduce the Capital Stock and number 

of Directors, 
" " Nonantum Fire, to incorporate, 

" ♦' Phenix, extending time for paying in Capital 

Stock, .... 

" " Springfield Fire and Marine, relating to, 

" " Suffolk, allowed further time to close its affairs, . 

" ♦• Union Mutual Marine, to extend and alter Act 

incorporating, ..... 

" " Weymouth and Braintree Mutual Fire, to continue 

in force Act incorporating, 
" " AVorccster Manufacturers' Mutual, Name changed 

from Mechanics' Mutual Fire Insurance Com- 
pany, ..... 

" Policies, relating to Term of, . 



661 
562 
491 
561 
554 
522 
542 
555 
411 
414 
518 
383 
518 
492 
548 
386 
346 
399 
554 
486 

366 

345 
465 
384 

348 
385 



366 
495 

373 
413 

440 
354 
350 

347 

353 



366 
500 



INDEX. 



XI 



Insurance Policies, Fire, concerning Form of, 

" " Life, regulating Forfeitures of. 

Intoxicating Liquors, relating to Sale of, . 



Page 466 
495 
452 



J. 

Joint Stock Corporations, relating to, . . . . . 441 

Judges of Probate and Insolvency, concerning Records of their Courts, 411 

Justice of Police Court in Lee, establishing Salary of, . . . 458 



K. 

Kimball, John W., Commander Company B, Ninth Regiment Infantry, 
on petition of, ....... 



544 



Land adjoining Railroads, Rights of Owners or occupants, defining, 
" Agent, to abolish the Office of, . 

" Claims in Mystic River and South Bay, for adjustment of, 
" Company, East Cambridge, to incorporate, 
" Damage Company, Midland, to incorporate, 
Lands and Buildings, Liens upon, relating to, . 
Lawrence, City of, additional to Act establishing. 
Laws, Enforcement of, tendering Aid to the President in. 
Lease, to George Odiorne of right of way between Wood Island and 

Winthrop confirmed, ..... 

Lee, Police Court in, Salary of Justice established. 
Legislature, Members and Officers, Appropriation for, Mileage and Com 
pensation, ..... 

" Members and Officers, fixing Compensation of, at Second 

Session, ..... 

" Mileage of Members, relating to payment of, 

Library, State, in Aid of, ..... 

Liens upon Buildings and Lands, relating to, . 
Lieutenant-Governor and Council, Appropriation for Mileage and Com 

pensation of, . 
Life Insurance Policies, regulating Forfeitures of, 
Liquors, Intoxicating, relating to Sale of, . • 
Little Sipwissett Cranberry and Fishing Company, to incorporate, 
Loans made to Government by Banks, respecting, 
Longley, Henry A., in favor of, . 
Louis, Amelia P., for the benefit of, . 
Lowell, Sealing of Weights and Measures in, relating to, 
Luce, Francis N., in favor, ..... 

Luce, W. H., Resolve in favor, ..... 
Lunatic Hospital at Northampton, in favor of, . 
Lynn and Boston Railroad Company, concerning, 
Lynn, City of, additional to Act establishing. 



413 
390 
559 
376 
468 
447 
457 
535 

374 
458 

354 

652 
474 
544 
447 

354 
495 
452 
385 
639 
552 
548 
491 
550 
550 
553 
346 
422 



Xll 



INDEX. 



M. 



Magazine at " Captain's Island," for repairing, .... Page 542 

Mann, Horace, relating to Statue of, . . . . . 552 

Manufacturers' Mutual Insurance Company, Worcester, Name changed 

from Mechanics' Mutual Fire Insurance Company, . . 366 
Manufacturing Company, Belvidere Woollen, additional to Act incor- 
porating, . . . . . 357 

•' " Bowditch, to incorporate, . . . 366 

" " Peabody, to incorporate, . . . 371 

" " Taunton Copper, to increase Capital Stock of, 441 
" " Troy Cotton and Woollen, to increase Capital 

Stock of, . . . . . 3G0 

Map, State, relating to Plates of, . . . . . . 541 

Mar chant, Barnard C, in favor of, . • . . . 549 

Marshpee Schools, in favor of, . . . . . . 560 

Massachusetts Asylum for the Blind, in aid of, . . . . 548 

«' Charitable Eye and Ear Infirmary, in favor of, . . 542 

" Eclectic Medical Society, to incorporate, . . . 380 

" Institute of Technology, incorporating and granting aid to, 492 

«' School for Idiotic and Feeble-Minded Youth, in favor of, 542 
" School for Idiotic and Feeble-Minded Youth, to pay 

Expenses on Buildings of, • . . . . . 543 

Mayberry, Edwin, in favor of, . . . . . . 551 

May hew, Tristram, in favor of, for benefit of Gay Head Indians, . 561 

McGrath, Mary, for the benefit of, . . . . • 540 

Meadows on Concord and Sudbury Rivers, Flowage of, to suspend Act 

relating to, . . . . . . • . 467 

Measures and Weights, concerning the Sealing of, in the City of Lowell, 491 
Mechanics' Mutual Fire Insurance Company, Name changed to Wor- 
cester Manufacturers' Mutual Insurance Company, . 3G6 
«« Savings Bank, Lowell, to incorporate, . . . 376 
Medical Society, Massachusetts Eclectic, to incorporate, . • . . 380 
Memorials, Certain, of the Ancestors of Washington, relating to, . 555 
Mercantile Savings Institiition, Boston, to incorporate, . . . 399 
Mesne Process and Execution, relative to Notice to Creditors of persons 

arrested under, . . . . . • . 439 

Messages, Special, ....... 592, 666 

Messengers, Extra, for payment of, .... . 560 

Midland Land Damage Company, to incorporate, . . . 468 

" Railroad, to extend time within which to construct a portion of, 365 

Mileage of Members of the Legislature, relating to payment of, . 474 

Milford Police Court, abolished, ...... 474 

Milford, Town of, authorized to subscribe to Capital Stock of Milford 

and Woonsocket Railroad Company, .... 412 

MiLITAEY : 

Aid to Families of Volunteers, provision for, . . . 649 
Authorizing Cities and Towns to make Appropriations for Mili- 

tarj-- purposes, ...... 384, 476 



INDEX. 



Xlll 



Military — Continued : 

Authorizing establishment of Camps, .... Page 643 

Conferring discretionary power upon the Governor, for payment 

of Troops, appointment of needful officers, &c., . . 640,642 

For painting and repairing Arsenal at Cambridge, and Magazine 

at Captain's Island, ...... 542 

For providing equipments for Troops, .... 552 

In favor Co. B, 3d Battalion Infantry, .... 544 

In favor Co. B, 9th Regiment Infantry, .... 544 

In favor certain members of Halifax Company, . . . 552 

Relating to Compensation of Troops, .... 649 

Relating to Rolls of the War of 1812, .... 549 

Respecting existing Companies of Militia, and the organization of 

new, ........ 370, 459 

Tendering aid to the President in enforcing the Laws and pre- 
serving the Union, ...... 535 

Transferring Appropriations to Quartermaster- General's Depart- 
ment, ....... 536, 554 

Mill-dam, Tolls on, respecting continuance of, . . . . 522 

Mills, Clafiin, to incorporate, . . . . . . 444 

" Paige, to incorporate, . . . . . . 348 

Milton Gas Light Company, to incorporate, . . . . 357 

Ministerial Fund in Woburn, concerning Trustees of, . . . 444 

Mitchell, Zurviah G., in favor of, . . . . . 551 

Money, Treasurer to borrow ih anticipation of Revenue, . . 538 

Monuments on Town Lines, relating to, . . . . . 390 

Moore, Edward B., in favor of, . . . . . . 548 

" Granville C, in favor of, . . . . . . 552 

Mortgages in Fraud of Insolvent Law, concerning, , . . 518 
Museum of Comparative Zoology, in aid of, . . , . 555 
Mutual Fire Insurance Company, Arkwright, additional to Act incor- 
porating, . . . 36G 
" •' " " Cambridge, to continue in force Act 

incorporating, . . . 345 

" " '< '* Cape Cod, to incorporate, . . 465 

" " " " Fall River, to incorporate, . . 384 
" " •' " Hingham, authorized to hold Real 

Estate, .... 348 

" '< " " Mechanics', Name changed to Wor- 
cester Manufacturers' Mutual 
Insurance Company, . . 366 
" " " " Protective, to incorporate, . . 495 
" " " " Weymouth and Braintree, to con- 
tinue in force Act incorporating, 353 
Mutual Marine Insurance Company, Union, to extend and alter Act 

incorporating, . . . . . . . 347 

Myers, Charlotte E., a Punkapog Indian, in favor of, . . . 547 

Mystic River, certain Claims in, for adjustment of, . . . 559 

Mystic River Railroad, extending time for location and construction, . 345 



XIV 



INDEX. 



N. 

Names, change of, ..... . 

Natick Gas Light Company, to incorijorate, 
National Insurance Company, to reduce Capital Stock and number of 
Directors, ....... 

Natural History Society, Boston, concerning, 

'« " " " granting aid to, 

Naumkeag Steam Cotton Company, further to increase the Capital 
Stock of, ...... . 

Neponset Bridge, concerning, ..... 

New England Female Moral Reform Society, in aid of, . 

New Jerusalem, Boston Society of, additional to Act incorporating, 

Ney, Michael F., in favor of, . 

Nonantum Fire Insurance Company, to incorporate, 

Normal School?, State, Appropriation for. 

North Adams Gas Light Company, to incorporate, 

" Reading, Tax of, respecting, .... 

Northampton and Shelburne Falls Railroad, to incorporate. 
Notes of the United States, Treasurer to endorse, 

" " " " Treasurer to endorse, Act repealed, . 



Page 667 
383 

373 
391 
492 

349 
516 
545 
359 
544 
413 
540 
364 
638 
381 
365 
638 



0. 

Ober, John P., authorized to build a Wharf in Gloucester, . . 357 

Odiorne, George, Lease of right of way between Wood Island and Win- 

throp, confirmed to, ...... 374 

Officers' Fees for Service of Warrants, for Return of, . . . 440 

Officers of the Legislature, Appropriation for Compensation of, . . 354 

'* " " relative to Badges for, . . . 555 

" " " fixing Compensation of. Second Session, . 652 

Officers, Town, relating to Election of, . . . . . 520 

" <' ratifying Election of, in 1861, .... 459 

Officers of Valuation Committee, Appropriation for Compensation of, . 539 

Old Colony and Fall River Railroad Company, concerning, . . 453 

Old Colony and Fall River Railroad, for extension, to Line of Rhode 

Island and for other purposes, ..... 472 

Orleans and Brewster, establishing Boundary Line between, . . 372 

Orleans, Chatham and Harwich, relating to Boundaries between, . 559 

Owners or Occupants of Land adjoining Railroads, defining rights of, . 413 



Paige Mills, to incorporate, .... 

Parish, South, in Braintree, authorized to sell Real Estate, 
Parmenter, David F., and others, in favor of. 
Pasture Company, Great, in Salem, to incorporate, 
Patucket Bridge, concerning. 

Paupers, State, Appropriation for transportation of, 
'• " relative to, . . . 



348 
375 
649 
384 
347 
361 
410 



INDEX. 



XV 



Peabody Manufacturing Company, to incorjoorate, 
Penny Savings Bank, Boston, to incorporate, 
Perkins Institution for the Blind, in aid of, . 

Personal Liberty and Habeas Corpus, concerning, 

" Property, limiting time for bringing actions for conversion of, 
Phenix Insurance Company, extending time for paying in Capital Stock 

of, 

Phillips Wharf Corporation, to incorporate, 

Phillips, William H., and S. N. Staples, to build a Wharf, 

Pilotage and Shipping, concerning, .... 

Pine Street Congregational Society, Name changed to Berkeley Street 
Congregational Society, , . . . . 

Pleuro-Pneuraonia, Commissioners on, concerning indemnification for 

Cattle killed by order of, . 
Plymouth County, Indian Titles to Land in, concerning, 
Police Court in Boston, relating to, ... , 

" " in Haverhill and Bradford, concerning, 

" " in Lee, Salary of Justice established, 

" " in Milford, abolished, .... 

" Courts, relating to, ..... 

" " relating to Election of Clerks, 

" " relating to certain Expenses of, 

Policies of Insurance, relating to Term of, 

" of Fire Insurance, concerning Porm of, . 
" of Life Insurance, regulating Forfeitures of, 
Polls and Estates of Cities and Towns in the Commonvt'ealth, estab 
lishing, ..... 

" " of Cities and Towns in the Commonwealth, amenda 

tory Act, ..... 

Pratt, H. W., Commander Company B, Third Battalion Ini'antry, on 

petition of, . 

President-elect of the United States, tendering hospitalities of the State 
to, ....... . 

President of the United States, tendering aid to, in enforcing the Laws 
and preserving the Union, ..... 

Presidential Electors, Appropriation for pay of, . 
Prince of Wales, concerning Visit of, to Massachusetts, . 
Prison, State, relating to, ..... 

Prisoners, Property in possession of, for the safe keeping, 
Private Secretary of Governor, Office established, 

Probate and Insolvency Courts, giving Judges of, Supervision of th 
Records, ....... 

Property, Personal, Conversion of, limiting time for bringing actions for 
Property in possession of Persons committed to Prison, for the safe 

keeping of, . 

Prosecutions, Criminal, additional Act defining Costs of, 

Punkapog Indians, Sally Burr, Polly Crowd, Charlotte E. Myers and 

James Burr, in favor of, ..... . 



Page 371 

S82 
548 
398 
489 

440 
485 
372 
457 

346 

546 
557 
638 
531 
458 
474 
440 
474 
487 
500 
466 
495 

424 

638 

544 

537 

535 
538 
536 
547 
457 
535 

411 

489 

457 
4G0 

547, 548 



xvi INDEX. 

Q. 

Qualifications of Voters for Representatives to Congress, defining, , Page 459 

Quartermaster- General's Department, concerning, . . . 536 

'< " " transferring and appropriating 

Moneys in, . . . . • . . . 554 

Quincy Railroad Company, to incorporate, .... 367 

R. 

Railroad Corporation, Agricultural Branch, additional to Act incorpo- 
rating, , . . 523 
«« «' " " authorized to change loca- 
tion of Road, . . 374 
«« << Belmont Horse, to incorporate, . . . 394 
•« " Boston and Maine, authorizing transfer of certain 

Flats to, .... . 489 
« «' Broadway, concerning, .... 499 
« " Cape Cod Central, to incorporate, . . . 423 
•« " Charlestown Freight, incorporated, . . 350 
«' ♦' Cliftondale, concerning, .... 352 
• ' «' Dedham and West Roxbury, to incorporate, . 448 
" •< Dorchester and Milton Branch, to extend its Road, 371 
<< " Duxbury, to incorporate, .... 460 
«« << Eastern, authorizing transfer of certain Flats to, . 489 
'1 " Fairhaven Branch, authorized to convey its Fran- 
chise and Property, . . . . 387 
« " Fall River and Warren, to amend Act incorpo- 
rating, ..... 490 
<» " Lynn and Boston, concerning, . . . 346 
<' " Midland, to extend time within which to construct 

a portion of Road, .... 365 
«« «' Midland Land Damage Company, to incorporate, 468 
. " '« Milford and Woonsocket, Town of Milford autho- 
rized to subscribe to Capital Stock, . . 412 
i< " Mystic River, extending time for location and 

construction of Road, . . . 345 

" '< Northampton and Shelburne Falls, to incorporate, 381 

" «< Old Colony and Fall River, concerning, . . 453 

«• " «' " " " for extension of Road 

to the Line of Rhode Island, and for other 

purposes, ..... 472 

«« " Quincy, to incorporate, .... 367 

" «♦ Salem and South Dan vers, to incorporate, . 377 

«« " Springfield and Farmington Valley, extending 

time for location and construction of Road, . 359 

<' << Stoneham Branch, concerning, . . . 439 

« " " " extending time for location 

and construction of Road, . . . 360 



INDEX. 



xvu 



Railroad Corporation, Suffolk, concerning, 

" << Vineyard Sound, to incorporate, . 

" •< Waltham and Watertown, concerning, . 

«< " Winnisimmet, concerning, 

«' " Winthrop, to incorporate, 

" " Worcester Horse, to incorporate, • 

Railroad Corporations, Horse, relating to, . . . 

Railroads, Land adjoining, defining Rights of Owners or Occupants, 
Rainsford Island Hospital, appointment of Inspectors, concerning, 

«' " " Appropriation for Expenses of, 

Randolph and Abington, to establish Boundary Line between, . 
Real Estate and Building Company, to incorporate, 
Records of Probate and Insolvency Courts, giving Judges supervision of, 
Reform School, State, Appropriation to meet deficiences in former Ap- 
propriations, .... 

" " " in favor of, .... 

" <' " relating to, .... 

Representatives to Congress, defining Qualifications of Voters for, 
Representatives' Hall, relating to Warming and Ventilating, 

" '« Reporters' Seats in, relating to, . 

Report on Insects Injurious to Vegetation, for further distribution of, 

" of J. M. Earle, concerning Indians of Massachusetts, for distri 
bution of, . . . . 

Reporters' Seats in the House of Representatives, relating to, . 
Return of Officers' Fees for Service of Warrants for, 
Rhode Island Boundary, Appropriation for Expense of running fine, 

" " <' relating to, . 

Rolls of the War of 1812, relating to, . 



Page 516 
519 
388 
354 
391 
462 

441, 521 
413 
518 
365 
390 
356 
411 

545 
559 
522 
459 
561 
536 
555 

562 
536 
440 
562 
496 
549 



Safe for the Treasurer's Office, for purchase of, . 
Sailors' Snug Harbor of Boston, to amend Act incorporating, . 
Salary of Draw-tenders of Charles River and Warren Bridges, to establish, 
" " Employees of Departments in the State House, concerning pay- 
ment of, . 
»' " Justice of Police Court in Lee, established, 
•< <« Sheriff of Berkshire County, established, 
Salem Five Cents Savings Bank, authorized to hold Real Estate, 
«« and South Danvers Railroad Company, to incorporate, . 
Savings Bank and Bank of Petty Loans, to incorporate, 
" " Boston Penny, to incorporate, 
<« « Brighton Five Cents, to incorporate, 
«' " Franklin, of Boston, to incorporate, 
'« " Mechanics', Lowell, to incorporate, 
" " Salem Five Cents, authorized to hold Real Estate, 
Savings Institution, Fairhaven, authorized to hold Real Estate, 

47 



552 
488 
411 

390 
458 
440 
362 
377 
466 
382 
422 
386 
376 
362 
386 



XVlll 



INDEX. 



Savings Institution, Hingham, authorized to hold Real Estate, 

« «< Mercantile, Boston, to incorporate, . 

School, Agricultural, in favor of establishing, 
School Districts, relating to, . 

•' Districts in Freetown, relating to, 
" Fund, Appropriation from Moiety of Income, applicable to Edu 
cational piuposes, ..... 

" for Idiotic and Feeble-Minded Youth, Massachusetts, in favor of 
u «i '< " " to pay Ex 

penses on Buildings of, .... . 

School, State Industrial, in Aid of, . . ■ . 

«< " «« concerning purchase of additional Buildinj 

and Lands for, .... 

" «' Reform, Appropriation to meet deficiences in former Ap 
propriations, .... 

" «« " in favor of, .... 

•< " " and the Industrial, relating to. 

Schools, Marshpee, in favor of, . 

«' State Normal, Appropriation for. 
Scrip to be issued by the Commonwealth, Appropriation for Plates 
Paper and Printing, ..... 

Seavy, S. S. and F. G. Towle, in favor of, 
Secretary of the Governor, Office of, established, 
Securities, Government, Banks enabled to purchase. 
Senate Chamber, Warming and Yentilating, concerning, 
Shares in Corporations, relating to assessment of Taxes on, 
Shelburne and Buckland, authorized to make Appropriation for Military 
purposes, ....... 

Sheriff of Berkshire County, establishing Salary of. 

Ship Canal, to connect Barnstable and Buzzard's Bay, relating to. 

Shipping and Pilotage, concerning, .... 

Sinking Fund, providing for, ..... 

" *' Western Railroad, relating to certain investments of, 

Smith, Benjamin, in favor of, . 
Snug Harbor, Sailors', to amend Act incorporating. 
Societies, Agricultural, concerning, .... 

" «• and Farmers' Clubs, for protection of, . 

Society, Berkeley Street Congregational, Name changed from Pine Street 
Congregational, .... 

" First Congregational, in Woburn, concerning, . 

" Hampden County Agricultural, changing time of holding 

Annual Exliibition, 
" " " " in favor of, . 

Society of Hibernians, American, to incorporate. 
Society, Massachusetts Eclectic Medical, to incorporate. 
Society of Natiiral History, Boston, concerning, 

" " " " granting Aid to. 

Society, New England Female Moral Reform, in Aid of, 



346 
399 
560 
447 
465 

442 
542 

543 

561 

554 

545 
559 
522 
560 
540 

652 
546 
535 
639 
563 
486 

384 
440 
540 
457 
637 
517 
537 
488 
491 
445 

346 
444 

414 
556 
411 
380 
391 
492 
545 



INDEX. 



XIX 



Society of the New Jerusalem, Boston, additional to Act incorporating, 
Society, Pine Street Congregational, Name changed to Berkeley Street 
Congregational, ..... 

" Vine Street Congregational, in lloxbury, to confirm and estab 

lish the organization of, . 
" Worcester Agricultural, relating to, . 
" Worcester Children's Friend, in aid of, 
South Bay, for adjustment of certain Land Claims in, . 

" Parish in Braintree, authorized to sell Real Estate and apply pro 
ceeds, ....... 

Southern Steamship Company, to amend the Charter of. 
Special Acts, for distribution of, . 

" Coroners, for appointment of, . 

" Messages, ...... 

Springfield, City of, construction of Wooden Buildings in, regulating, 

«* <' enabled to convey certain Real Estate, 

Springfield and Farmington Valley Railroad, extending time for locatin< 
and constructing, .... 

" Fire and Marine Insurance Company, relating to, . 

Staples, Sylvanus N., and W. H. Phillips, to build a Wharf in Taunton 
State Almshouse at Bridgewater, in favor of, . 

'< at Monson, in favor of, ... 

Almshouses, in aid of, .... . 

" Appropriation for Expenses of. 

Cabinet, in favor of, ..... 

House, Senate Chamber and Committee Rooms in, relative to 
Warming and Ventilating, .... 

Industrial School, in aid of, .... 

" '♦ concerning purchase of additional Building and 

Lands for, ...... 

Library, in aid of, . 

Lunatic Hospital at Northampton, in favor of. 

Map, relating to Plates of, . 

Normal Schools, Appropriation for. 

Paupers, Appropriation for Transportation of, 

" relative to, .... . 

Prison, relating to, . 

Reform and Industrial Schools, relating to, 

" School, Appropriation to meet Deficiencies in former 

Appropriations, 
" " in favor of, .... 

Siirvey, Instruments used in, relating to, . 
Tax of $300,372, to apportion and assess, . 
" *' " " amendatory Act, 

Statue of Horace Mann, relating to, .... 

Steamship Company, Boston and Southern, to amend Charter of, 
Stoneham Branch Railroad Company, concerning, 

" *' Railroad, extending time for locating and constructing, 



Page 359 

346 

490 
389 
648 
559 

375 
386 
545 
439 
592, 666 
465 
446 

359 
354 
372 
560 
549 
561 
365 
558 

563 
561 

554 
544 
553 
541 
540 
361 
410 
547 
522 

545 
559 
554 
500 
638 
552 
386 
439 
360 



XX 



INDEX. 



Straw, providing for Inspection of, .... . Page 383 
Streets on Back Bay, relating to, ..... 458 
Sudbury and Concord Meadows, Flowage of, to suspend Act relating to, 467 
Suffolk Insurance Company, allowed further time to close its affairs, . 350 
<' Railroad Company, concerning, . , . . . 516 
Supreme Judicial Court, Law Term of, established at Taunton, . 531 
" " " " Terms for Counties of Berkshire, Hamp- 
shire and Franklin, changing time of holding, . . . 412 
Survey of State, relating to Instruments used in, . . . 554 



T. 

Taunton Copper Manufacturing Company, to increase Capital Stock of, 441 

Taunton, Law Term of Supreme Judicial Court established at, . . 531 

Tax of $300,372, to apportion and assess, .... 500 

" " « " amendatory Act, . . 638 

Taxation, to secure a uniform description and appraisal of Estates for 

purposes of, . . . . . . . . 476 

Taxation, to secure a uniform description and appraisal of Estates for 

purposes of. Amendatory Act, ..... 639 

Taxes, Basis of Apportionment until 1870, .... 424 

«' " " " «' amendatory Act, . . 638 

Taxes for the several Counties, granting, . . . . 556 

" upon Shares in Corporations, relating to Assessment of, . . 486 

Technology, Massachusetts Institute, incorporating and granting Aid to, 492 

Thayer, Solomon, in favor of, . . . . . . 545 

Titles to Land in Plymouth County, Indian, concerning, . . 557 

Towle and Seavy, in favor of, . . . . . . 546 

Town of Acushnet, additional to Act incorporating, . . . 356 

Towns of Abington and Randolph, establishing Boundary Line between, 390 
" Belmont and West Cambridge, changing Boundary Line 

between, ....... 348 

" Brewster and Orleans, establishing Boundary Line between, 372 

" Harwich, Chatham and Orleans, relating to Boundary Lines 

between, ....... 559 

" Hingham and Abington, establishing Boundary Line 

between, ....... 389 

Town Lines, Monuments on, relating to, .... 390 

» Officers, Ratifying Election of, in 1861, .... 459 

" " relating to Election of, . . . . . 520 

Tracy, John, and others, on petition of, . . . . . 553 

Treasurer to borrow Money in anticipation of the Revenue, . . 538 

«' Endorse Notes of the United States, . . . 365 

" " " " " " Act repealed, . . 638 

" procure Safe for OfHce, ..... 552 

Treasurers, County, relating to duties in cases of Fines, Forfeitures and 

Costs, ........ 494 

Troops, Equipment of for Active Service, relating to, . . . 652 



INDEX. 



XXI 



Troy Cotton and Woollen Manufacturing Company, to increase Capital 

Stock of, ....... . Page 300 

Trustees, extending powers of, to settle controversies by arbiti-ation or 

compromise, . . . . • . • • 488 

Trustees of Ministerial Fund in Woburn, concerning, . . . 444 



u. 

Unfunded Debt of the State, making provisions for, &c., . . 520 

Union and the Constitution, Acts to provide for the maintenance of, 639, 641, 642 
'* Mutual Marine Insurance Company, to extend and alter Act 

incorporating, . . . . . . . 347 

Union, Preservation of, tendering Aid to the President for, . . 535 

United States Notes, Treasurer authorized to Endorse, . . . 365 

« '< " " " " Act repealed, . 638 

" " Securities, Banks enabled to purchase, . . . 639 



V. 

Valedictory Address of Governor Banks, . . . . 613 

Valuation Committee, Appropriation for Compensation of Members and 

Officers, ..... 539 

«• *' Clerk of. Resolve in favor of, . . . 539 

" of Estates, to secure a uniform description and appraisal of 

Estates for purposes of taxation, . . 476 

" " amendatory Act, ..... 639 

Vine Street Congregational Society, Roxbury, to confirm and establish 

organization of, ...... . 490 

Vineyard Sound Railroad Company, to incorporate, . . . 519 

Volunteer Militia, relating to, . . . . . . 370, 459 

Volunteers' Families, in Aid of, . . . . . . 649 

Voters for Re^jresentatives to Congress, defining Qualifications of, . 459 



w. 

Walker, William A., in favor of, . . . . . 549 

Waltham and Watertown Railroad Company, concerning, . . 388 

War of 1812, Rolls of, relating to, ..... 549 

Wards and Guardians, concerning, ..... 447 

Warrants, Service of, for Return of Officers' Fees, . . . 440 

Warren and Charles River Bridges, establishing Salary of Draw-tenders, 411 

Washington, Ancestors of, relating to certain Memorials, . . 555 

" Convention at, for appointment and compensation of Com- 

missioners, to attend, ...... 537, 559 

Washingtonian Home, in favor of, . . . . . 557 

Water, for City of Boston, additional to Act for supplying, . . 048 

•' " of Charlestown, for supplying, . . . . 415 

'« " of Worcester, additional Act for supplying, . . 440 

Water Company, Brookline, to incorporate, .... 529 



XXll 



INDEX. 



Water Works, Cambridge, authorized to purchase Property and Fran 

chise of the Cambridgeport Aqueduct Company, 
Webber, Daniel S., to extend his Wharf in Gloucester, 
Weights and Measures, concerning the Sealing of, in the City of Lowell 
West Cambridge and Belmont, changing Boundary Line between, 
Western Railroad Sinking Fund, relating to certain investments of, 
Westport, Town of, in favor, for benefit of Amelia P. Louis, 
Weymouth and Braintree Mutual Fire Insurance Company, to continue 

in force Act incorporating, ..... 
Wharf Company, East Boston, to increase Capital Stock of, 
" Corporation, Phillips, to incorporate, 
'• in Fall River, J. I. Hillard and J. B. French to extend, . 
*' " Gloucester, Daniel S. Webber to extend, 
" « " John P. Ober to build, . 

" " Taunton, Sylvanus N. Staples and W. H. Phillips to build, 
Wheelock, Martin, in favor of, . 
White, William, State Printer, in favor of, . 

Widows, concerning provisions for, in certain cases, 
Willey, John C, in favor of, . 

Winchester, Fisheries in, to regulate, .... 
Winnisimmet Railroad, concerning, .... 

Winthrop Railroad Company, to incorporate. 
Wise, Henry A., Governor of Virginia, Levi Baker, versus, relating to 

case of, ...... . 

Witnesses before the Executive Council, relating to, 

Woburn Ministerial Fund, concerning Trustees of, and the First Con 

gregational Society, ...... 

Wooden Buildings in Springfield, regulating construction of. 
Woollen Manufacturing Company, Belvidere, additional to Act incor 

porating, ....... 

Worcester Agricultural Society, relating to, . 

" Children's Friend Society, in aid of, . 
Worcester, City of, for supplying with Water, additional Act, . 
Worcester Horse Railroad Company, to incorporate, 

" Manufacturers' Mutual Insurance Company, Name changed 

from Mechanics' Mutual Fire Insurance Company, . 



349 
359 
491 
348 
517 
548 

353 
421 
485 
474 
359 
357 
372 
538 
550 
475 
544 
473 
354 
391 

639 
476 

444 

465 

357 
389 
548 
440 

462 

366 



Zoology, Museum of, in aid. 



555 



wm