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
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O
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•jjBiIAi jo ;3aj iBiog-iadug
O
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00
1—1
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JO joi qoB8 nt jaaj
aosajoBjo jaquinj^
•;aa^
•sajoy
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-.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
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-ap 'spuiJi \\v JO sSnipnnff
I— 1
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CO
•ajBjsa iBuosjad sxqBjtjj
s.uosjad qoBa jo ojcSaaSSy
•auiBs JO atiiBA
i-H
T— 1
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-aq jon ajBjsa iBuosaad aiq
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o
1—!
■^oo^s
aAii JO pui3i qoBa jo aniBA
j
05
1 •.(lajBavdas paijioads
pupt qoBa '3100JS aAji jo -ox;
CO
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ur pasn jfjaniqoBui jo aniBA
t-
•sjassB qsBs jo atiiBA
«o
•sjassB
qSBO aiqBXBj jo noijduosad
lO
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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
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JO aaqrann Ib;ox
05
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'sasodjnd uAio:j
puB if j[o 'A'junoo
ajBJSJOJXBJIBJOX
>o
j
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JO aniBA iBjox
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JO aniBA XBjox
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■snod uo XB} IB|0X
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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
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