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

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V 



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ACTS 

AND 

RESOLVES 



PASSED BY THE 



§mxnl €mxi at '^usu\imiU, 



IN THE YEAR 



1 8 6 S 



TOGETHER WITH 

THE CONSTITUTION, THE MESSAGES OF THE GOV- 
ERNOR, LIST OF THE CIVIL GOVERNMENT, 
CHANGES OF NAMES OF PERSONS, 

ETC., ETC., ETC. 



PUBLISHED BY THE 

SECRETARY OF THE COMMONWEALTH. 




BOSTON: 

WILLIAM WHITE, PRINTER TO THE STATE. 
186 2. 



A CONSTITUTION 



FORM OF GOYERNMENT 



C0minontoealtt of 3unt\utiU, 



PREAMBLE. 

The end of the institution, maintenance and administra- objects of gov- 
tion of government, is to secure the existence of the body ^™'"®° ■ 
politic, to protect it, and to furnish the individuals who 
compose it, with the power of enjoying, in safety and tran- 
quillity, their natural rights, and the blessings of life : and 
whenever these great objects are not obtained, the people 
have a right to alter the government, and to take measures 
necessary for their safety, prosperity and happiness. 

The body politic is formed by a voluntary association of Bodypouuc.how 
individuals : it is a social compact, by which tlie whole pco- urntture. 
pie covenants with each citizen, and each citizen with the 
whole people, that all shall be governed by certain laws for 
the common good. It is the duty of the people, therefore, 
in framing a constitution of government, to provide for an 
equitable mode of making laws, as well as for an impartial 
interpretation and a faithful execution of them ; that every 
man may, at all times, find his security in them. 

We, therefore, the people of Massachusetts, acknowledg- 
ing, with grateful lieai'ts, the goodness of the great Legislator 
of the universe, in affording us, in the course of his provi- 
dence, an opportunity, deliberately and peaceably, without 
fraud, violence or surprise, of entering into an original, 
explicit and solemn campact with each other; and of forming 



CONSTITUTION. 

a new constitution of civil government for ourselves and 
posterity ; and devoutly imploring his direction in so inter- 
esting a design, do agree upon, ordain and establish the 
following Declaration of Rights and Frame of Govern- 
ment, as the Constitution of the Commonwealth of Massa- 
chusetts. 



PART THE FIRST. 

A Declaration of the Rights of the Inhabitants of the 
Commonwealth of Massachusetts. 

Equality and Art. I. All mou arc bom free and equal, and have 
of lu'^me".^''*^ certain natural, essential and unalienable rights ; among 
which may be reckoned the right of enjoying and defending 
their lives and liberties ; that of acquiring, possessing and 
protecting property ; in fine, that of seeking and obtaining 
their safety and happiness. 
Right and duty H. It is thc Hght as well as the duty of all men in society, 
woKhip"'' ^'""^ publicly, and at stated seasons, to worship the Supreme 
Being, the great Creator and Preserver of the universe. 
Protection there- And uo subject shall be hurt, molested or restrained, in his 
person, liberty or estate, for worshipping God in the manner 
and season most agreeable to the dictates of his own con- 
science ; or for his religious profession or sentiments ; pro- 
vided be doth not disturb the public peace, or obstruct others 
in tlieir religious worship. 

Amendment,Art. [III. As the happiness of a people, and the good order and preserva- 
for th^s^'^^'''"*^*^'^ *^°'^ ^^ ^^^'^^ government, essentially depend upon piety, religion and 
morality ; and as these cannot be generally diffused through a community, 
but by the institution of the public worship of God, and of jiublic instruc- 
Legisiature em- tions in piety, religion and morality : Therefore, to promote their happl- 
powered to com- ness, and to secure the good order and preservation of their government, 
pubac°wor°hip*^°'^ *^*^ people of this Commonwealth have a right to invest their legislature 
Avith power to authorize and require, and the legislature shall, from time 
to time, authorize and require the several towns, parishes, precincts, and 
other bodies politic, or religious societies, to make suitable provision, at 
their own expense, for the institution of the public worship of God, and 
for the support and maintenance of public Protestant teachers of piety, 
religion and morahty, in all cases where such provision shall not be made 
voluntarily, 
and to enjoin at- And the people of this Commonwealth have also a right to, and do, 
tendance there- invest their legislature with authority to enjoin upon all the subjects an 
attendance upon the instructions of the public teachers aforesaid, at stated 
times and seasons. If there be any on whose instructions they can consci- 
entiously and conveniently attend. 



CONSTITUTION. V 

Provided, notwithstanding, that the several towns, parishes, precincts Exclusive ri<:ht of 
and other bodies politic, or religious societies, shall, at all times, have tlie electing religious 
exclusive right of electing their public teachers, and of contracting with ^^'^^"^^ secured, 
them for their support and maintenance. 

And all moneys, paid by the subject to the support of public worship, Option as to 
and of the public teachers aforesaid, shall, if he require it, be uniformly tLxes" niay"^ "be 
applied to the support of the public teacher or teachers of his own religious paid, unless, &c. 
sect or denomination, provided there be any on whose instructions he 
attends ; otherwise it may be paid toward the support of the teacher or 
teachers of the parish or precinct in which the said moneys are raised. 

And every denomination of Christians, demeaning themselves peace- All denomina- 
ably, and as good subjects of the Commonwealth, shall be equally under t'onsequaiiy pro- 
the protection of the law : and no subordination of any one sect or denom- Subordination of 
ination to another shall ever be established by law.] one sect to anoth- 

er prohibited. 

IV. The people of this Commonwealth have the sole and Right of seif-gnv- 

1 . • , , £. • ±^ 1 r» • ernmeut secured. 

exclusive right oi governing themselves as a iree, sovereign 
and independent State ; and do, and forever hereafter shall, 
exercise and enjoy every power, jurisdiction and right, 
which is not, or may not hereafter, be by them expressly 
delegated to the United States of America, in Congress 
assembled. 

V. All power residing originally in the people, and being Accountability of 
derived from them, the several magistrates and officers Qf '^i' °"*'^*^''^' «^<=- 
government, vested with authority, whether legislative, 
executive or judicial, are their substitutes and agents, and 

are at all times accountable to them. 

VI. No man, nor corporation or association of men, services rendered 

,.,,'., . , ,' to the pubhc be- 

have any otlier title to obtain advantages, or particular and ii.g the oniy tuie 
exclusive privileges, distinct from those of the community, feKer"hered'itory 
than what arises from the consideration of services rendered andunnatum".""^ 
to the public ; and this title being in nature neither heredi- 
tary, nor transmissible to children or descendants, or rela- 
tions by blood, the idea of a man born a magistrate, lawgiver 
or judge, is absurd and unnatural. 

Vir. Government is instituted for the common good ; ^r'|Jf,^,!;'°.'^,f",]'j 
for the protection, safety, prosperity and happiness of the of""p.'opiJ'^t'o 
people ; and not for the profit, honor or private interest of "imuge it. '^"'^ 
any one man, family or class of men : Therefore the people 
alone have an incontestable, unalienable and indefeasible 
right to institute government ; and to reform, alter or 
totally change the same, when their protection, safety, 
prosperity and happiness require it. 

VIII. In order to prevent those who are vested with R'gh' "f people 

,,■.,. , . , 1 , to secure rotatioa 

authority, Irom becoming oppressors, the people have a inoirue. 
right, at such periods and in such manner as they shall 
cstal)lisli by their frame of government, to cause their j)ublic 
officers to return to private life ; and to fill up vacant places 
by certain and regular elections and a|){)ointnicnts. 



yi CONSTITUTION. 

All, haying^_^^^ IX, All electlons oiiglit to be free ; and all the inhabi- 
prescrUjed^equiU- taiits of thls Commouwealth, having such qualifications as 
^y^ehgibie to of- ^^^^^ shsiW establish by their frame of government, have an 
equal right to elect officers, and to be elected, for public 
employments. 
Right of protec- X. Each individual of the society has a right to be pro- 
co°n°tributionto?- tcctcd by it in the enjoyment of his life, liberty and property, 
relative. according to standing laws. He is obliged, consequently, 

Taxation founded to coutribute his sharc to the expense of this protection ; to 
on consent. gj^g |jjg pergonal service, or an equivalent, when necessary : 
but no part of the property of any individual can, with 
justice, be taken from him, or applied to public uses, with- 
out his own consent, or that of the representative body of 
the people. In fine, the people of this Commonwealth are 
not controllable by any other laws than those to which their 
constitutional representative body have given their consent. 
PriTate property Aiid whencver the public exigencies require that the property 
fo°r pubiit uses of any individual should be appropriated to public uses, he 
without, &c. g^j^ii receive a reasonable compensation therefor. 
Remedies by re- XL Evcry subjcct of the Commonwcalth ought to find 
to"be*free,^com- a ccrtaiu rcmcdy, by having recourse to the laws, for all 
piete and prompt jj^j^^^^,-gg q^, wrougs which hc may receive in his person, 
property or character. He ought to obtain right and justice 
freely, and without being obliged to purchase it ; com- 
pletely, and without any denial ; promptly, and without 
delay, conformably to the laws. 

XII. No subject shall be held to answer for any crimes 
or offence, until the same is fully and plainly, substantially 
and formally, described to him; or be compelled to accuse, 
or furnish evidence against himself: and every subject shall 
have a right to produce all proofs that may be favorable to 
him ; to meet the witnesses against him face to face, and to 
be fully heard in his defence by himself, or his counsel, at 
his election. And no subject shall be arrested, imprisoned, 
despoiled or deprived of his property, immunities or privi- 
leges, put out of the protection of the law, exiled or deprived 
of his life, liberty or estate, but by the judgment of his peers, 
or the law of the land. 
Right to trial by And tlic legislature shall not make any law that shall 
iases,'excep"&cl subjcct aiiy pcrsou to a capital or infamous punishment, 
excepting for the government of the army and navy, without 
trial by jury. 
Crimps to be Xlll. Ill Criminal prosecutions, the verification of facts, 
TuTinHy.'" *'^° hi tlic viciuity where they liappen, is one of the greatest 
securities of the life, liberty and property of the citizen. 



CONSTITUTION. vii 

XIY. Every subject has a right to be secure from all Right of search 
unreasonable searches and seizures of his person, his houses, u"ated!"""^ '"'^' 
his papers, and all his possessions. All warrants, therefore, 
are contrary to this right, if the cause or foundation of them 
be not previously supported by oath or affirmation, and if 
the order in the warrant to a civil officer, to make search in 
suspected places, or to arrest one or more suspected persons, 
or to seize their property, be not accompanied with a special 
designation of the persons or objects of search, arrest or 
seizure : and no warrant ought to be issued but in cases, 
and with the formalities, prescribed by the laws. 

XV. In all controversies concerning property, and in all Ri?ht to t"ai by 
suits between two or more persons, except in cases in which iep^, &c!^ ' "''" 
it has heretofore been otherways used and practiced, the 

parties have a right to a trial by jury ; and this method of 
procedure shall be held sacred, unless, in causes arising on 
the high seas, and such as relate to mariners' wages, the 
legislature shall hereafter find it necessary to alter it. 

XVI. The liberty of the press is essential to the security Liberty of the 
of freedom in a state : it ought not, therefore, to be restrained ^''^^^' 

in this Commonwealth. 

XVII. The people have a right to keep and to bear arms Right to keep 
for the common defence. And as, in time of peace, armies standiug"^ armies 
are dangerous to liberty, they ought not to be maintained f^rf power *ub- 
without the consent of the legislature ; and the military ordinate to civii. 
power shall always be held in an exact subordination to the 

civil authority, and be governed by it. 

XVIII. A frequent recurrence to the fundamental prin- Moral quaiifica- 
ciples of the constitution, and a constant adherence to those ''°"* '^"'^ °*^'=«- 
of piety, justice, moderation, temperance, industry and fru- 
gality, are absolutely necessary to preserve the advantages 

of liberty, and to maintain a free government. The people 
ought, consequently, to have a particular attention to all 
those principles, in the choice of their officers and represen- 
tatives : and they have a right to require of their lawgivers Moral obligations 
and magistrates, an exact and constant observance of them, ma^stfate" "" 
in the formation and execution of the laws necessary for the 
good administration of the Commonwealth. 

XIX. The people have a right, in an orderly and peace- R'gi>t of people 

,, J 1 1 . li ji ^1 to instruct rtpre- 

able manner, to assemble to consult upon the common good ; scntauves ana 
give instructions to their representatives, and to request of {"ure'.'"" ^''^'''*" 
the legislative body, by the way of addresses, petitions or 
remonstrances, redress of the wrongs done them, and of the 
grievances they suffijr. 

XX. The power of suspending the laws, or the execution ^^''^^^^'^"'^^"^ 
of the laws, ought never to be exercised but by the Icgisla- execution" 



•VIII CONSTITUTION. 

ture, or by authority derived from it, to be exercised in 
such particular cases only as the legislature shall expressly 
provide for. 
Freedom of de- XXI. Tlic frecdom of deliberation, speech and debate, 
walon t^ereor** lu cithor housc of the legislature, is so essential to the rights 
of the people, that it cannot be the foundation of any accusa- 
tion or prosecution, action or complaint, in any other court 
or place whatsoever. 
Frequent ses- XXII. Tho Icgislaturo ought frcqucutly to assemble for 
jicte thereof!^' tl^6 redress of grievances, for correcting, strengthening and 
confirming the laws, and for making new laws, as the 
common good may require. 
J^xation^jound- XXHI. No subsidy, charge, tax, impost or duties, ought 
to be established, fixed, laid or levied, under any pretext 
whatsoever, without the consent of the people, or their 
representatives in the legislature. 
Exr^st/actoXnm XXIV. Laws made to punish for actions done before 
the existence of such laws, and which have not been declared 
crimes by preceding laws, are unjust, oppressive and incon- 
sistent with the fundamental principles of a free government, 
^g^sjf^'ijenotto XXV. No subjcct ought, in any case, or in any time, to 
sonj &c.° '^^*" be declared guilty of treason or felony by the legislature. 
Excessive bail or XXVI. No magistrate or court of law shall demand 
puntbme'Ltrpro- sxccssive bail or sureties, impose excessive fines, or inflict 
hibited. cruel or unusual punishments. 

No soldier to be XXVII. lu time of pcacc, no soldier ought to be quar- 

house7**^ unless^ tcrcd iu any house without the consent of the owner ; and 

*"=• in time of war, such quarters ought not to be made but by 

the civil magistrate, in a manner ordained by the legislature. 

Citizens exempt XXVIII. No pcrsou cau iu any case be subjected to law- 

uXsst &™.'""^ ' martial, or to any penalties or pains, by virtue of that law, 

except those employed in the army or navy, and except the 

militia in actual service, but by authority of the legislature. 

Judges of 8u- XXIX. It is essential to the preservation of the rights 

wurt^ ^""^'"^ of every individual, his life, liberty, property and character, 

that there be an impartial interpretation of the laws, and 

administration of justice. It is the right of every citizen to 

be tried by judges as free, impartial and independent as the 

Tenure of their lot of liumauity will admit. It is, therefore, not only the 

best policy, but for the security of the rights of the people, 

and of every citizen, that the judges of the supreme judicial 

court should hold their offices as long as they behave them- 

saiaries. sclvcs wcll, and that they should have honorable salaries 

ascertained and established by standing laws. 
eoS.'Tudidat XXX. In the government of this Commonwealth, the 



dvpartmeiits 



gisiative legislative department shall never exercise the executive 



CONSTITUTION. ix 

and judicial powers, or either of them: tlie executive shall 
never exercise tiie legislative and judicial powers, or either 
of them: the judicial shall never exercise the legislative and 
executive powers, or either of them : to the end it may be a 
government of laws, and not of men. 



PART THE SECOND. 

The Frame of Government. 

The people, inhabiting the territory formerly called the Title of body 
Province of Massachusetts Bay, do hereby solemnly and^°*"'' 
mutually agree with each other, to form themselves into a 
free, sovereign and independent body politic or state, by the 
name of The Commonwealth of Massachusetts. 



CHAPTER I. 

THE LEGISLATIVE POWER. 
SECTION I. 

The General Court, 

Art. I. The department of legislation shall be formed Legislative de- 
by two branches, a Senate and House of Representatives ; ^'"^'"*'° 
each of which shall have a negative on the other. 

The legislative body shall assemble every year, on the last see amendments, 
Wednesday in May, and at such other times as they shall '^'"■■''' 
judge necessary ; and shall dissolve and be dissolved on the 
day next preceding the said last Wednesday in May; and 
shall be styled, The General Court of Massachusetts. 

II. No bill or resolve of the senate or house of rcpre- Qo'^rnor's Teto. 
sentatives shall become a law, and have force as such, until 
it shall have been laid before the governor for his revisal ; 
and if he, upon such revision, approve thereof, he shall 
signify his approl)ation by signing the ^ame. But if he have 
any objection to the passing of such l)ill or resolve, he shall 
return the same, together with his ol)jections thereto, in 
writing, to the senate or iiouse of representatives, in which- 
soever the same shall have originated, who shall enter the 
objections sent down by the governor, at large, on their 
2 



X CONSTITUTION. 

records, and proceed to reconsider the said bill or resolve : 
Bill may be pass- but If, aftcr sucli reconsidcration, two-thirds of the said 
of eacr^ho'ifst^ scHatc or liousc of representatives sliall, notwithstanding the 
DotwithstaudiDg. gjji(j objections, agree to pass the same, it shall, together 
with the objections, be sent to the otlier branch of the legis- 
lature, where it shall also be reconsidered, and if approved 
by two-thirds of the members present, shall have the force of 
a law : but in all such cases, the votes of both houses shall 
be determined by yeas and nays ; and the names of the per- 
sons voting for or against the said bill or resolve, shall be 
entered upon the public records of the Commonwealth. 
See amendments, Aud iu ordcr to prevcut unncccssary dckys, if any bill 
'*"■ ^' or resolve shall not be returned by the governor within five 

days after it shall have been presented, the same shall have 
the force of a law. 
General court III. Thc gcucral court shall forever have full power and 
j^dloatories'''"*^ authority to erect and constitute judicatories and courts of 
courts of record, fgcord, or othcr courts, to be held in the name of the Com- 
monwealth, for the hearing, trying and determining of all 
manner of crimes, offences, pleas, processes, plaints, actions, 
matters, causes and things, whatsoever, arising or happening 
within the Commonwealth, or between or concerning per- 
sons inhabiting or residing, or brought within the same ; 
whether the same be criminal or civil, or whether the said 
crimes be capital or not capital, and wliether the said pleas 
Courts, &c., may be real, personal or mixed; and for the awarding and 
administer oaths, jj^^j^jj^g q^^^ ^f executiou thcreupou : to which courts and 
judicatories are hereby given and granted full power and 
authority, from time to time, to administer oaths or affirma- 
tions, for the better discovery of truth in any matter in 
controversy, or depending before them. 
General court JY. And furtlicr, fuU powcr and authority are hereby 

may enact laws, . , ^ i J ,» • i i , r .• / 

&c., given and granted to the said general court, from time to 

time, to make, ordain and establish all manner of whole- 
some and reasonable orders, laws, statutes and ordinances, 
directions and instructions, either with penalties or without, 

not repugnant to SO as the Same be not repugnant or contrary to this consti- 

the constitution; ^^^5^,^^ ^^ ^,,g^ ^j^^ll j^^^jg^ ^^ 1^^ f^^. ^j^^ g^^^ ^^^^ WClfarC of 

this Commonwealth, and for the government and ordering 

thereof, and of the subjects of the same, and for the neces- 

may provide for sary support and defence of the government thereof ; and 

appointinent of to uaiue aiid scttlc anuually, or provide by fixed laws, for 

officers; |^|jq uamiiig aud settling, all civil officers within the said 

Commonwealth, the election and constitution of whom are 

not hereafter in this form of government otherwise provided 



CONSTITUTION. 



XI 



for ; and to set forth the several duties, powers and limits, prescribe their 
of the several civil and military officers of this Common- """*' 
wealth, and the forms of such oatlis or affirmations as shall 
be respectively administered unto them for the execution of 
their several offices and places, so as the same be not repug- 
nant or contrary to this constitution; and to impose and impose taxes; 
levy proportional and reasonable assessments, rates and 
taxes, upon all the inhabitants of, and persons resident, and 
estates lying, within the said Commonwealth ; and also to duties and ex- 
impose and levy reasonable duties and excises upon any "*^^' 
produce, goods, wares, merchandise and commodities whatso- 
ever, brought into, produced, manufactured, or being within 
the same ; to be issued and disposed of by warrant, under f°r^jJ].^-^Pg'^'\^|' 
the hand of the governor of this Commonwealth for the time tectionr&c' 
being, with the advice and consent of the council, for the 
public service, in the necessary defence and support of the 
government of the said Commonwealth, and the protection 
and preservation of the subjects thereof, according to such 
acts as are or shall be in force within the same. 

And while the public charges of government, or any part valuation of es- 
thereof, shall be assessed on polls and estates, in the manner years°"H*t '"eltt, 
that lias hitherto been practiced, in order that such assess- '^'^''^' ^''■ 
ments may be made with equality, there shall be a valuation 
of estates within the Commonwealth, taken anew once in 
every ten years at least, and as much oftener as the general 
court shall order. 



CHAPTER I. 

SECTION II. 

Senate. 

Art. I. There shall be annually elected, by the free- senate, number 
holders and other inhabitants of this Commonwealth, qual- eit-ctl'a. ^ "* " "" 
ified as in this constitution is provided, forty persons to be seeaui^naments, 
councillors and senators, for the year ensuing their election ; ^^^''^- -'^'i' ""^ 
to be chosen by the inhabitants of the districts, into which ' 
the Commonwealth may, from time to time, be divided by the 
general court for tiiat i)urpose : and the general court, in 
assigning the numbers to be elected by the respective dis- 
tricts, shall govern themselves by the proportion of the 
public taxes paid l)y the said districts ; and timely make 
known, to the inliabitants of the Comraonvvealth, the limits 



XII CONSTITUTION. 

of eacli district, and the number of coniicillors and senators 
to be chosen tlierein : provided, that tlie number of such 
districts shall never be less than thirteen ; and that no dis- 
trict be so large as to entitle the same to choose more than 
six senators. 
Counties to be And tlic scvcral counties in this Commonwealth shall, 
districts, until, ^^j^^^jj j.|jg ggugj-ai court shall determine it necessary to alter 
A'r't8''°'xiii!*'and *'^® ^^^'^ districts, be districts for the choice of councillors 
XXII. and senators, (except that the counties of Dukes county 

and Nantucket shall form one district for that purpose,) 
and shall elect the following number for councillors and 
senators, viz. : — 



Suffolk, .... six. 
Essex, .... six. 
Middlesex, . . . five. 

Hampshire, . . • four. 
Plymouth, .... three. 
Barnstable, . . . one. 
Bristol, .... three. 



York, .... two 

Dukes Co. and Nantucket, one 

Worcester, . . . five 

Cumberland, . . . one 

Lincoln, .... one 

Berkshire, .... two 



Manner and time II. The scuatc sliall be the first branch of the legisla- 
tors'l'^d'counciT- turc ; aud the senators shall be chosen in the following 
'°''*- manner, viz. : there shall be a meeting on the first Monday 

AHs^'-'iCx'^xiv'. in April, annually, forever, of the inhabitants of each town 
and XV. jjj y,Q several counties of this Commonwealth, to be called 

by the selectmen, and warned in due course of law, at least 
seven days before the first Monday in April, for the purpose 
See amendments, of clccting pcrsous to bc scuators and councillors; and at 
audxxm. ^^ such meetings every male inhabitant of twenty-one years of 
age and upwards, having a freehold estate, within the Com- 
monwealth, of the annual income of three pounds, or any 
estate of the value of sixty pounds, shall have a right to give 
in his vote for the senators for the district of which he is an 
Word "inhab- inhabitant. And to remove all doubts concerning themean- 
itant" defined. .^^^ ^^ ^j^^ word " inhabitant," in this constitution, every 
person shall be considered as an inhabitant, for the purpose 
of electing and being elected into any office or place within 
this State, in that town, district or plantation where he 
dwelleth or hath his home. 
Selectmen to pre- Tlic sclectmcn of tlic scvcral towns shall preside at such 
side at town meet- j^jge^iugs impartially, and shall receive the votes of all the 
inhabitants of such towns, present and qualified to vote for 
senators, and shall sort and count them in open town meet- 
Return of votes, ing, and in presence of the town clerk, who shall make a 
fair record, in presence of the selectmen, and in open town 
meeting, of the name of every person voted for, and of the 
number of votes against his name ; and a fair copy of this 



CONSTITUTION. xiii 

record shall be attested by the selectmen and the town clerk, 
and shall be sealed up, directed to the secretary of the 
Commonwealth, for the time being, with a superscription 
expressing the purport of the contents thereof, and delivered 
by the town clerk of such towns, to the sheritf of the county see amendments, 
in which such town lies, thirty days at least before the last 
Wednesday in May, annually ; or it shall be delivered into 
the secretary's office seventeeii days at least before the said 
last Wednesday in May; and the sherilf of each county shall 
deliver all such certificates, by him received, into the secre- 
tary's office, seventeen days before the said last Wednesday 
in May. 



And the inhabitants of plantations unincorporated, qual- 



Inhabitants of 
corporateil 



ified as this constitution provides, who are or shall be plantations, who 
empowered and required to assess taxes upon themselves miyvote! '"'^' 
toward the support of government, shall have the same 
privilege of voting for councillors and senators, in the plan- 
tations where they reside, as town inhabitants have in their 
respective towns ; and the plantation meetings for that pur- Plantation meet- 
pose shall be held, annually, on the same first Monday in s"famendments 
April, at such place in the plantations, respectively, as the Art. x. 
assessors thereof shall direct ; which assessors shall have Assessors to no- 
like authority for notifying the electors, collecting and '^' 
returning the votes, as the selectmen and town clerks have 
in their several towns, by this constitution. And all other 
persons living in places unincorporated, (qualified as afore- 
said,) who shall be assessed to the support of government, 
by the assessors of an adjacent town, shall have the privilege 
of giving in their votes for councillors and senators, in the 
town where they shall be assessed, and be notified of the 
place of meeting, by the selectmen of the town where they 
shall be assessed, for that purpose, accordingly. 

III. And that there may be a due convention of senators Governor and 
on the last Wednesday in May, annually, the governor, with au"iue ana /ount 
five of the council, for the time being, shall, as soon as may Jummonaes."'"^ 
be, examine the returned copies of such records ; and four- p^g amendments 
teen days before the said day, he shall issue his summons to Art. x. 
such persons as shall appear to be chosen by a majority of 
voters, to attend on that day, and take their seats accord- 
ingly : provided, nevertheless, that for the first year, the 
said returned copies shall be examined by the president and 
five of the council of the former constitution of government ; 
and the said president shall, in like manner, issue his sum- 
mons to the persons so elected, that they may take tiieir 
scats as aforesaid. 



XIV CONSTITUTION. 

fin"f "•..]"« ^of ^^' "^^^^ senate shall be the final judge of the elections, 
election", ^&c°, retuHis and qualifications of their own members, as pointed 
omsownmem- q^^ i,^ ^]^q coustitutiou ; and shall, on the said last Wednes- 
see amendments, day iu May, annually, determine and declare who are elected 
and XXIV. "^^^^ !^^ ^^^^^ district to be senators, by a majority of votes: and 
in case there shall not appear to be the full number of sena- 
tors returned, elected by a majority of votes, for any district, 
the deficiency shall be supplied in the following manner, 
vacancies.how viz. : Thc mcmbcrs of the house of representatives, and such 
senators as shall be declared elected, shall take the names of 
such persons as shall be found to have the highest number 
of votes in such district, and not elected, amounting to twice 
the number of senators wanting, if there be so many voted 
for; and out of these, shall elect by ballot a number of 
senators sufficient to fill up the vacancies in such district ; 
and in this manner all such vacancies shall be filled up in 
every district of the Commonwealth ; and in like manner all 
vacancies in the senate, arising by death, removal out of the 
State or otherwise, shall be supplied as soon as may be after 
such vacancies shall happen. 
Qualifications of V. Providcd, nevertheless, that no person shall be capa- 
seeamendments, ^Ic of bciug clectcd as a scuator, who is not seized in his 
xxii'^"'^' ^"'^ ^^'^ ^''^^^^ ^^ ^ freehold, within this Commonwealth, of the 
value of three hundred pounds at least, or possessed of per- 
sonal estate of the value of six hundred pounds at least, or 
of both to the amount of the same sum, and who has not 
been an inhabitant of this Commonwealth for the space of 
five years immediately preceding his election, and, at the 
time of his election, he shall be an inhabitant in the district 
for which he shall be chosen. 
Senate not to ad- VI. Thc scuato shall havc powcr to adjourn themselves ; 
two'^dayJ!''^ *'*^° provided such adjournments do not exceed two days at a 

time. 
Shall choose its ^H- Thc scuatc sliall choose it own president, appoint 
Ssh ite rules' ^*^ ^^" officers, and determine its own rules of proceedings. 
Shall try all im- VIII. Thc scuatc sliall bc a court, with full authority to 
peac ments. j^^^^^ ^^^^ determine all impeachments made by the house of 
representatives, against any officer or officers of the Com- 
monwealth, for misconduct and mal-administration in their 
Oath. offices : but, previous to the trial of every impeachment, the 

members of the senate shall, respectively, be sworn, truly 
and impartially to try and determine the charge in question, 
Limitation of accordiug to cvidencc. Their judgment, however, shall not 
sentence. extcud furtlicr than to removal from office, and disqualifica- 

tion to hold or enjoy any place of honor, trust or profit, 
under this Commonwealth : but the party so convicted shall 



CONSTITUTION. xv 

be, nevertheless, liable to indictment, trial, judgment and 
punishment, according to the laws of the land. 

IX. Not less than sixteen members of the senate, shall Quorum, 
constitute a quorum for doing business. 



CHAPTER I. 

SECTION III. 

House of Representatives. 

Art. I. There shall be, in the legislature of this Com- Representation of 
monwealth, a representation of the people, annually elected, ^p'^'p^- 
and founded upon the principle of equality. 

II. And in order to provide for a representation of the nepresentatives, 
citizens of this Commonwealth, founded upon the principle ^^'^^°'^'' °^'"'- 
of equality, every corporate town, containing one hundred ^^fTrY^Ym' 
and fifty ratable polls, may elect one representative; every ana x'xi.'' 
corporate town, containing three hundred and seventy-five 

ratable polls, may elect two representatives ; every corporate 
town, containing six hundred ratable polls, may elect three 
representatives ; and proceeding in that manner, making two 
hundred and twenty-five ratable polls the mean increasing 
number for every additional representative. 

Provided, nevertheless, that each town now incorporated. Proviso as to 
not having one hundred and fifty ratable polls, may elect lesTthan'^^iso 
one representative; but no place shall hereafter be incorpo- '•*'»''i« p°ii«- 
rated with the privilege of electing a representative, unless 
there are within the same one hundred and fifty ratable 
polls. 

And the house of representatives shall have power, from Towns uawe to 

.. , • r Li in fine in case, &c. 

time to time, to impose fines upon such towns as shall 
neglect to choose and return members to the same, 
agreeably to this constitution. 

The expenses of travelling to the general assembly, and Kxpensc of trav- 

, • • 1 1 11 clliiii' toatul from 

returning home, once in every session, and no more, sliall the general court, 
be paid by the government, out of the public treasury, to •^o^p'"'!- 
every member who shall attend as seasonably as he can, in 
the judgment of the house, and does not depart without 
leave. 

III. Every member of the house of representatives shall Qualifications of 

•' ,» 1 .1. i." representative. 

be chosen l>y written votes ; and, tor one year at least next sec ainemiment.s, 
preceding his election, shall have been an inhabitant of, and tuAxxl!'^^^' 
have been seized in his own right of a freehold of the value 
of one hundred pounds, within the town he sliall be chosen 
to represent, or any ratable estate to the value of two hun- 



XVI 



CONSTITUTION. 



Qualifications of 
a Toter. 

See amendments, 
Arts. III., XX. 
and XXIII. 



EepresentatiTes, 
when chosen. 
See amendments, 
Arts. X. and XV. 

House alone can 
impeach. 



House to origi- 
nate all money 
bills. 



Not to adjourn 
more than two 
days. 



Quorum. 

See amendments, 

Art. XXI. 

House to judge of 
returns, &c., of 
its own members ; 
to choose its offi- 
cers and establish 
its rules, &c. 
May punish for 
certain offences. 



Privileges of 
members. 



Governor and 
council may 
punish. 

General limita 
tioii. 



dred pounds ; and he shall cease to represent tlie said town, 
immediately on his ceasing to be qualified as aforesaid. 

IV. Every male person, being twenty-one years of age, 
and resident in any particular town in this Commonwealth, 
for the space of one year next preceding, having a freehold 
estate within the same town, of the annual income of three 
pounds, or any estate of the value of sixty pounds, shall 
have a right to vote in the choice of a representative or 
representatives for the said town. 

V. The members of the house of representatives shall 
be chosen annually in the month of May, ten days at least 
before the last Wednesday of that month. 

YI. The house of representatives shall be the grand 
inquest of this Commonwealth ; and all impeachments made 
by them shall be heard and tried by the senate. 

VII. All money bills shall originate in the house of 
representatives ; but the senate may propose or concur with 
amendments, as on other bills. 

VIII. The house of representatives shall have power to 
adjourn themselves ; provided such adjournment shall not 
exceed two days at a time. 

IX. Not less than sixty members of the house of repre- 
sentatives shall constitute a quorum for doing business. 

X. The house of representatives shall be the judge of 
the returns, elections and qualifications of its own members, 
as pointed out in the constitution ; shall choose their own 
speaker, appoint their own officers, and settle the rules and 
orders of proceeding in their own house. They shall have 
authority to punish by imprisonment, every person, not a 
member, who shall be guilty of disrespect to the house, by 
any disorderly or contemptuous behavior in its presence ; or 
who, in the town where the general court is sitting, and 
during the time of its sitting, shall threaten harm to the 
body or estate of any of its members, for any thing said or 
done in the house ; or who shall assault any of them there- 
for ; or who shall assault or arrest any witness, or other 
person, ordered to attend the house, in his way in going or 
returning ; or who shall rescue any person arrested by the 
order of the house. 

And no member of the house of representatives shall be 
arrested, or held to bail on mean process, during his going 
unto, returning from, or his attending, the general assembly. 

XI. The senate shall have the same powers in the like 
cases ; and the governor and council sliall have the same 
authority to punish in like cases: provided, that no impris- 
onment, on the warrant or order of the governor, council, 



CONSTITUTION. xvii 

senate or house of representatives, for either of the above 
described offences, be for a term exceeding thirty days. 

And the senate and house of representatives may try and Jj^Jj,[^^ ^^ ^-J 
determine all cases where their rights and privileges are otherwise.' 
concerned, and which, by the constitution, they have author- 
ity to try and determine, by committees of their own mem- 
bers, or in such other way as they may, respectively, think 
best. 



CHAPTER II. 

EXECUTIVE POWER. 
SECTION I. 

Governor. 

Art. I. There shall be a supreme executive magistrate, Governor. 
who shall be styled — The Governor of the Commonwealth 
OP Massachusetts ; and whose title shall be — His Excel- his utie. 

LENCY. 

II. The governor shall be chosen annually ; and no per- to be chosen 
son shall be eligible to this office, unless, at the time of his Quaimcations. 
election, he shall have been an inhabitant of this Common- 
wealth for seven years next preceding ; and unless he shall, 

at the same time, be seized, in his own right, of a freehold, 

within the Commonwealth, of the value of one thousand 

pounds ; and unless he shall declare himself to be of the seeamendmenta, 

Christian religion. ^''•^"• 

III. Those persons who shall be qualified to vote for By whom chosen, 
senators and representatives, within the several towns of jorltyorvotes'"*' 
this Commonwealth, shall, at a meeting to be called for that see amendments, 
purpose, on the first Monday of April, annually, give in their andxv?''''^^^" 
votes for a governor, to the selectmen, who shall preside at 

such meetings ; and the town clerk, in the presence and with 
the assistance of the selectmen, shall, in open town meeting, 
sort and count the votes, and form a list of the persons 
voted for, with the number of votes for each person against 
his name ; and shall make a fair record of the same in the 
town books, and a public declaration thereof in the said 
meeting ; and shall, in the presence of the inhabitants, seal 
up copies of the said list, attested by him and the selectmen, 
and transmit the same to the sheriff of the county, thirty 
days at least before the last Wednesday in May ; and the 
sheriff shall transmit the same to the secretary's office, 



xviii CONSTITUTION. 

seventeen days at least before the said last Wednesday in 
May ; or the selectmen may cause returns of the same to be 
made, to the office of the secretary of the Commonwealth, 
seventeen days at least before the said day ; and the secre- 
tary shall lay the same before the senate and the house of 
representatives, on the last Wednesday in May, to be by 
tliem examined ; and in case of an election by a majority of 
all the votes returned, the choice shall be by them declared 
How chosen, and publislicd ; but if no person shall have a majority of 
hM a mrjority .*"* votcs, the housc of representatives shall, by ballot, elect two 
out of four persons, who had the highest number of votes, if 
so many shall have been voted for ; but, if otherwise, out of 
the number voted for ; and make return to the senate of the 
two persons so elected ; on which, the senate shall proceed, 
by ballot, to elect one, who shall be declared governor. 
Power of gover- IV. The govcmor shall have authority, from time to 
erno/and°co^uu- timc, at his discrctlou, to assemble and call together the 
"'• councillors of this Commonwealth for the time being ; and 

the governor, with the said councillors, or five of them, at 
least, shall, and may, from time to time, hold and keep a 
council, for the ordering and directing the affairs of the 
Commonwealth, agreeably to the constitution and the laws 
of the land. 
Same subject. V. The govcmor, with advice of council, shall have full 

power and authority, during the session of the general court, 
to adjourn or prorogue the same to any time the two houses 
shall desire ; and to dissolve the same on the day next pre- . 
See Amendments, ccding thc last Wcducsday in May ; and, in the recess of 
Art. X. ^jjg gg^ljj court, to prorogue the same from time to time, not 

exceeding ninety days in any one recess ; and to call it 
together sooner than the time to which it may be adjourned 
or prorogued, if the welfare of the Commonwealth shall 
require the same ; and in case of any infectious distemper 
prevailing in the place where the said court is next at any 
time to convene, or any other cause happening, whereby 
danger may arise to the health or lives of the members from 
their attendance, he may direct the session to be held at 
some other the most convenient place within the State. 
See amendments. And the govcmor sliall dissolvc the said general court on 
'^'''" "''■ the day next preceding the last Wednesday in May. 

QoTernor and VI. lu cascs of disagreement between the two houses, 
Jo°ur°n'thrgTnerai "^^^^^ regard to the necessity, expediency, or time of adjourn- 
court in cases, mcut or prorogation, the governor, with advice of the coun- 
ceed'ing "ninety cil, shall havc a right to adjourn or prorogue the general 
^"^^^ court, not exceeding ninety days, as he sliall determine the 

public good shall require. 



CONSTITUTION. 



XIX 



VII. The governor of this Commonwealth, for the time Governor to be 
being, shall be the commander-in-chief of the army and Ihilt!'^'^'^"''"' 
navy, and of all the military forces of the State, by sea and 
land ; and shall have full power, by himself, or by any 
commander, or other officer or officers, from time to time, to 
train, instruct, exercise and govern the militia and navy ; 
and, for the special defence and safety of the Commonwealth, 
to assemble in martial array, and put in warlike posture the 
inhabitants thereof, and to lead and conduct them, and with 
them, to encounter, repel, resist, expel and pursue, by force 
of arms, as well by sea as by land, within or without the 
limits of this Commonwealth, and also to kill, slay and 
destroy, if necessary, and conquer, by all fitting ways, enter- 
prises and means whatsoever, all and every such person and 
persons as shall, at any time hereafter, in a hostile manner, 
attempt or enterprise the destruction, invasion, detriment, 
or annoyance of this Commonwealth ; and to use and exer- 
cise, over the army and navy, and over the militia in actual 
service, the law martial, in time of war or invasion, and also 
in time of rebellion, declared by tlie legislature to exist, as 
occasion shall necessarily require ; and to take and surprise, 
by all ways and means whatsoever, all and every such person 
or persons, with their ships, arms, ammunition and other 
goods, as shall, in a hostile manner, invade or attempt the 
invading, conquering, or annoying this Commonwealth ; and 
that the governor be intrusted with all these and other 
powers, incident to the offices of captain-general and com- 
mander-in-chief, and admiral, to be exercised agreeably to 
the rules and regulations of the constitution, and the laws 
of the land, and not otherwise. 

Provided, that tlie said governor shall not, at any time Limitation, 
hereafter, by virtue of any power by this constitution granted, 
or hereafter to be granted to him by the legislature, trans- 
port any of the inhabitants of this Commonwealth, or oblige 
them to m'&rch out of the limits of the same, without their 
free and voluntary consent, or the consent of the general 
court ; except so far as may be necessary to march or trans- 
port them by land or water, for the defence of such part of 
the State to which they cannot otherwise conveniently have 
access. 

YIII. The power of pardoning offences, except such as Governor and 
persons may be convicted of before the senate, by an impeacli- don^oirelTtS,''"!- 
ment of tlic house, shall be in the governor, by and with '''■'^*'' *"■ 
the advice of council ; but no charter of pardon, granted by nut not before 
the governor, with advice of the council, before conviction, *=""'"'^"''"- 
shall avail the party pleading the same, notwithstanding any 



XX 



CONSTITUTION. 



AU judicial offi- 
cers, &c,, how 
nominated and 
appointed. 
See amendments, 
Arts.XIV.,XVII. 
and XIX. 



Militia officers, 
how elected. 



See amendments, 
Art. V. 



Major-generala, 
how appointed 



Vacancies, how 
filled, in case, 
&c. 



Officers duly 
commissioned, 
how removed. 
See amendments, 
Art. IV. 



Adjutants, &c 
how appointed. 



Organization of 
militia. 



general or particular expressions contained therein, descrip- 
tive of the offence or offences intended to be pardoned. 

IX. All judicial officers, the attorney-general, the solici- 
tor-general, all sheriffs, coroners and registers of probate, 
shall be nominated and appointed by the governor, by and 
with the advice and consent of the council ; and every such 
nomination shall be made by the governor, and made at 
least seven days prior to such appointment. 

X. The captains and subalterns of the militia shall be 
elected by the written votes of the train-band and alarm list 
of their respective companies, of twenty-one years of age 
and upwards ; the field ofiicers of regiments shall be elected 
by the written votes of the captains and subalterns of their 
respective regiments ; the brigadiers shall be elected, in like 
manner, by the field officers of their respective brigades ; 
and such officers, so elected, shall be commissioned by the 
governor, who shall determine their rank. 

The legislature shall, by standing laws, direct the time 
and manner of convening the electors, and of collecting 
votes, and of certifying to the governor the officers elected. 

The major-generals shall be appointed by the senate and 
house of representatives, each having a negative upon the 
other ; and be commissioned by the governor. 

And if the electors of brigadiers, field officers, captains 
or subalterns shall neglect or refuse to make such elections, 
after being duly notified, according to the laws for the time 
being, then the governor, with advice of council, shall appoint 
suitable persons to fill such offices. 

And no officer, duly commissioned to command in the 
militia, shall be removed from his office, but by the address 
of both houses to the governor, or by fair trial in court 
martial, pursuant to the laws of the Commonwealth for the 
time being. 

The commanding officers of regiments shall appoint their 
adjutants and quartermasters ; the brigadiers their brigade- 
majors ; and the major-generals their aids ; and the governor 
shall appoint the adjutant-general. 

The governor, with advice of council, shall appoint all 
officers of the continental army, whom by the confederation 
of the United States it is provided that this Commonwealth 
shall appoint, — as also all officers of forts and garrisons. 

The divisions of the militia into brigades, regiments and 
companies, made in pursuance of the militia laws now in 
forcCj shall be considered as the proper divisions of the 
militia of this Commonwealth, until the same shall be 
altered in pursuance of some future law. 



CONSTITUTION. xxi 

XI. No moneys shall be issued out of the treasury of Money, how 
this Commonwealth and disposed of (except such sums as tnZlJ/°^Jpt, 
may be appropriated for the redemption of bills of credit or *"*=• 
treasurer's notes, or for the payment of interest arising 
thereon,) but by warrant under the hand of the governor for 

the time being, with the advice and consent of the council, 
for the necessary defence and support of the Commonwealth, 
and for the protection and preservation of the inhabitants 
thereof, agreeably to the acts and resolves of the general 
court. 

XII. All public boards, the commissary-general, all super- ah pubnc boards, 
intendmg omcers oi public magazmes and stores, belongnig quarterly returns 
to this Commonwealth, and all commanding officers of forts 

and garrisons within the same, shall, once in every three 
months, officially and without requisition, and at other times, 
when required by the governor, deliver to him an account 
of all goods, stores, provisions, ammunition, cannon with 
their appendages, and small arms with their accoutrements, 
and of all other public property whatever under their care, 
respectively ; distingushing the quantity, number, quality 
and kind of each, as particularly as may be ; together with 
the condition of such forts and garrisons ; and the said 
commanding officer shall exhibit to the governor, when 
required by him, true and exact plans of such forts, and of 
the land and sea, or harbor or harbors, adjacent. 

And the said boards, and all public officers, shall commu- 
nicate to the governor, as soon as may be after receiving the 
same, all letters, dispatches and intelligences of a public 
nature, which shall be directed to them respectively. 

XIII. As the public good requires that the governor salary of gov- 
should not be under the undue influence of any of the mem- "°'"'' 
bers of the general court, by a dependence on them for his 
support — that he should, in all cases, act with freedom for 

the benefit of the public — that he should not have his atten- 
tion necessarily diverted from that object to his private 
concerns — and that he should maintain the dignity of tlie 
Commonwealth in the character of its chief magistrate — 
it is necessary that be should have an honorable stated 
salary, of a fixed and permanent value, amply sufficient for 
those purposes, and established by standing laws : and it 
shall be among the first acts of the general court, after the 
commencement of this constitution, to establish such salary 
by law accordingly. 

Permanent and lionorable salaries shall also be established salaries of jus- 
by law for the justices of the supreme judicial court. juuidai court. 



CONSTITUTION. 



Salaries to be en- Aiid if it sliall 1)6 fouiid that aiij of the salaries aforesaid, 
dent!^' '^'°^"*''^' so established, are insufficient, they shall, from time to time, 
be enlarged, as the general court shall judge proper. 



Lieutenant-gov- 
ernor; his title 
and qualifica- 
tions. 

See amendments. 
Arts. III., VI. ,Xi 
and XV. 



President of 
council. 

Lieutenant-gov- 
ernor a member 
of, except, &c. 



Lieutenant-gov- 
ernor to be act- 
ing governor, in 
case, &c. 



CHAPTER II. 

SECTION II. 

Lieutenant- Governor. 

Art. I. There shall be annually elected a lieutenant- 
governor of the Commonwealth of Massachusetts, whose title 
shall be — His Honor ; and who shall be qualified, in point 
of religion, property, and residence in the Commonwealth, 
in the same manner with the governor ; and the day and 
manner of his election, and the qualifications of the electors, 
shall be the same as are required in the election of a gov- 
ernor. The return of the votes for this officer, and the 
declaration of his election, shall be in the same manner; 
and if no one person shall be found to have a majority of all 
the votes returned, the vacancy shall be filled by the senate 
and house of representatives, in the same manner as the 
governor is to be elected, in case no one person shall have a 
majority of the votes of the people to be governor. 

II. The governor, and in his absence the lieutenant- 
governor, shall be president of the council, but shall have 
no vote in council ; and the lieutenant-governor shall always 
be a member of the council, except when the chair of the 
governor shall be vacant. 

III. Whenever the chair of the governor shall be vacant, 
by reason of his death, or absence from the Commonwealth, 
or otherwise, the lieutenant-governor, for the time being, 
shall, during such vacancy, perform all the duties incumbent 
upon the governor, and shall have and exercise all the powers 
and authorities, wliich, by this constitution, the governor is 
vested with, when personally present. 



CHAPTER II. 

SECTION III. 

Council, and the 3fanner of settling Elections hy the Legislature. 

Council. Art. I. There shall be a council, for advising the gov- 

see amendments, emor iu thc cxccutive part of the government, to consist of 
Art. XVI. ' jjjjje persons besides the lieutenant-governor, whom the 



CONSTITUTION. xxiii 

governor, for the time being, shall have full power and 
authority, from time to time, at his discretion, to assemble 
and call together ; and the governor, with the said council- 
lors, or five of them at least, shall and may, from time to 
time, hold and keep a council, for the ordering and directing 
the affairs of the Commonwealth, according to the laws of 
the land. 

II. Nine councillors shall be annually chosen from among Number; from 
the persons returned for councillors and senators, on the last diS."" 
Wednesday in May, by the joint ballot of the senators and see amendments, 
representatives assembled in one room ; and in case there ^nd xvi' ^^^' 
shall not be found, upon the first choice, the whole number 

of nine persons who will accept a seat in the council, the 

deficiency shall be made up by the electors aforesaid from 

among the people at large ; and the number of senators left, 

shall constitute the senate for the year. The seats of the if senators be- 

persons thus elected from the senate, and accepting the trust, S se^tT'tobe 

shall be vacated in the senate. ^'"=*'*^^- 

III. The councillors, in the civil arrangements of the 1^''°'^ of councu- 
Commonwealth, shall have rank next after the lieutenant- 
governor. 

IV. Not more than two councillors shall be chosen out havemore^th*" 
of any one district in this Commonwealth. two*""""^ 

y. The resolutions and advice of the council shall be Register of coun 
recorded in a register, and signed by the members present ; 
and this record may be called for, at any time, by either 
house of the legislature ; and any member of the council 
may insert his opinion, contrary to the resolution of the 
majority. 

YI. Whenever the office of the governor and lieutenant- councu to ex- 
governor shall be vacant by reason of death, absence, or orgtveruo^l^^fn 
otherwise, then the council, or the major part of them, shall, '^'^^' ^'^^ 
during such vacancy, have full power and authority, to do 
and execute, all and every such acts, matters and things, as 
the governor or the lieutenant-governor might or could, by 
virtue of this constitution, do or execute, if they, or either 
of tliem, were personally present. 

Vll. And whereas the elections appointed to be made Elections may bo 
by this constitution on the last Wednesday in May annually, i^?"""*^ """'' 
by tlie two houses of the legislature, may not be completed 
on that day, the said elections may be adjourned from day 
to day, until the same shall be completed. And the order 
of elections shall be as follows : the vacancies in the senate, 
if any, shall first be filled up; the governor and lieutenant- order thereof, 
governor shall then be elected, provided there should be no 
choice of them by the people ; and afterwards the two houses Ar'to^'^xvi.'^'and 
shall proceed to the clectiou of the council. •'^-'^v- 



XXIV CONSTITUTION. 

CHAPTER II. 

SECTION IV. 

Secretary, Treasurer, Commissary, Sfc. 

Secretary, &c.; Art. I. The sGcretary, treasurer and receiver-general, 
how ^mSi. *"** and the commissary-general, notaries public and naval offi- 
see amendments, ^^^.g^ g|^^j]^ j^^ choscu aunuallj, bj joiut ballot of thc senators 
XV"- and representatives, in one room. And, that the citizens of 

bie^fOTmorethan thls Commouwealth may be assured, from time to time, that 
^lars *"*"^^*^"^ the moneys remaining in the public treasury, upon the set- 
tlement and liquidation of the public accounts, are their 
property, no man shall be eligible as treasurer and receiver- 
general more than five years successively. 
Secretary to keep II. The Tccords of thc Commonwcaltli shall be kept in 
the^goyewor'and ^^^^ 0^06 of thc sccretary, who may appoint his deputies, 
council, &c. for whose conduct he shall be accountable; and he shall 
attend the governor and council, the senate and house of 
representatives in person, or by his deputies, as they shall 
respectively require. 



CHAPTER III. 

JUDICIARY POWER. 

commfssi*ontd ^^'^' ^' ^^^^ tcnurc, that all commission officers shall by 

offlc^rto°be law have in their offices, shall be expressed in their respec- 
jud^dai"^' officers tivc commissious. All judicial officers, duly appointed, 
in^°good'''beha- commissioucd and sworn, shall hold their offices during good 
Tior, except, &c. bcliavior, excepting such concerning whom there is different 
May be removed provisiou made in tliis constitution : provided, nevertheless, 
on address. ^j^^ govcHior, with conscut of the council, may remove them 

upon the address of both houses of the legislature. 
Justices of su- II. Eacli brauch of the legislature, as well as the governor 
court'' to'^gwe and council, shall have authority to require the opinions of 
req^red. ^^^'^ tlic justicGS of the suprcmc judicial court, upon important 

questions of law, and upon solemn occasions. 
Justices of the III. lu Order that the people may not suffer from the 
Eroifice.'"'^ °^ long continuance in place of any justice of the peace, who 
shall fail of discharging the important duties of his office 
with ability or fidelity, all commissions of justices of the 
peace shall expire and become void, in the term of seven 
years from their respective dates ; and, upon the expiration 
of any commission, the same may, if necessary, be renewed, 



CONSTITUTION. XXV 

or another person appointed, as shall most conduce to the 
well being of the Commonwealth. 

IV. The judges of probate of wills, and for granting Provieions for 
letters of administration, shall hold their courts at such court^^'"'° ^^ 
place or places, on fixed days, as the convenience of the 

people shall require ; and the legislature shall, from time to 
time, hereafter, appoint such times and places ; until which 
appointments, the said courts shall be holden at the times 
and places which the respective judges shall direct. 

V. All causes of marriage, divorce and alimony, and all ^^^j^JlJ,"^ ^^05^; 
appeals from the judges of probate, shall be heard and deter- o/'^arriige^^di- 
mined by the governor and council, until the legislature ^*"^®' ^'^' 
shall, by law, make other provision. 



CHAPTER IV. 

DELEGATES TO CONGRESS. 

The delegates of this Commonwealth to the congress of oeiegatea 
the United States shall, some time in the month of June, '''"'^^^^^ 
annually, be elected by the joint ballot of the senate and 
house of representatives assembled together in one room ; 
to serve in congress for one year, to commence on the first 
Monday in November then next ensuing. They shall have 
commissions under the hand of the governor, and the great 
seal of the Commonwealth ; but may be recalled at any time 
within the year, and others chosen and commissioned, in the 
same manner, 



CHAPTER V. 

THE UNIVERSITY AT CAMBRIDGE, AND ENCOURAGEMENT OP 
LITERATURE, <fec. 

SECTION I. 

The University. 

Art. I. Whereas our wise and pious ancestors, so early Harvard coiiege. 
as the year one thousand six hundred and thirty-six, laid 
the foundation of Harvard College, in which university many 
persons of great eminence have, by the blessing of God, 
been initiated in those arts and sciences which qualified 
4 



XXVI CONSTITUTION. 

them for public employments, both in church and state; and 
whereas the encouragement of arts and sciences, and all 
good literature, tends to the honor of God, the advantage 
of the Christian religion, and the great benefit of this and 
the other United States of America, — it is declared, that the 
p°^ers,^j)riv^ President and Fellows op Harvard College, in their 
tife^' president corporatc capacitj, and their successors in that capacity, 
Toa&rmld!°^^' their officers and servants, shall have, hold, use, exercise 
and enjoy, all the powers, authorities, rights, liberties, privi- 
leges, immunities and franchises, which they now have, or 
are entitled to have, hold, use, exercise and enjoy ; and the 
same are hereby ratified and confirmed unto them, the said 
president and fellows of Harvard College, and to their 
successors, and to their ofiicers and servants, respectively, 
forever. 

II. And whereas there have been, at sundry times, by 
divers persons, gifts, grants, devises of houses, lands, tene- 
ments, goods, chattels, legacies and conveyances, heretofore 
made, either to Harvard College in Cambridge, in New 
England, or to the president and fellows of Harvard Col- 
lege, or to the said college, by some other description, under 

All gifts, grants, scvcral chartcrs successively ; it is declared, that all the 
&c., confirmed. ^^^^ glfts, grants, dcviscs, legacies and conveyances, are 
hereby forever confirmed unto the president and fellows of 
Harvard College, and to their successors, in the capacity 
aforesaid, according to the true intent and meaning of the 
donor or donors, grantor or grantors, devisor or devisors. 

III. And whereas by an act of the general court of the 
colony of Massachusetts Bay^ passed in the year one thou- 
sand six hundred and forty-two, the governor and deputy- 
governor, for the time being, and all the magistrates of that 
jurisdiction, were, with the president, and a number of the 
clergy in the said act described, constituted the overseers of 

■Harvard College ; and it being necessary, in this new con- 
stitution of government, to ascertain who shall be deemed 
successors to the said governor, deputy-governor, and magis- 
who shall be trates; it is declared, that the governor, lieutenant-governor, 
overseers. couucil and scuatc of this Commonwealth, are, and shall be 

deemed, their successors ; who, with the president of Harvard 
College, for the time being, together with the ministers of 
the congregational churches in the towns of Cambridge, 
Watertown, Charlestown, Boston, Roxbury and Dorchester, 
mentioned in the said act, shall be, and hereby are, vested 
with all the powers and authority belonging, or in any way 
Power of altera- appertaining, to the overseers of Harvard College: provided, 
the'irgTsIature.'" that uotliing herein shall be construed to prevent the legis- 



CONSTITUTION. xxvii 

lature of this Coramonwealth from making such alterations 
in the government of the said university, as shall be condu- 
cive to its advantage, and the interest of the republic of 
letters, in as full a manner as might have been done by the 
legislature of the late Province of the Massachusetts Bay. 



CHAPTER V. 

SECTION II. 

The Encouragement of Literature, Sfc. 

Wisdom and knowledge, as well as virtue, diffused gen- Duty of legisu- 
erally among the body of the people, being necessary for trateVhf Xfu- 
the preservation of their rights and liberties ; and as these |^amrn*dments, 
depend on spreading the opportunities and advantages of ^^^t. xviii. 
education in the various parts of the country, and among 
the different orders of the people, it shall be the duty of 
legislatures and magistrates, in all future periods of this 
Commonwealth, to cherish the interests of literature and 
the sciences, and all seminaries of them ; especially the uni- 
versity at Cambridge, public schools, and grammar schools 
in the towns ; to encourage private societies, and public 
institutions, rewards and immunities, for the promotion of 
agriculture, arts, sciences, commerce, trades, manufactures, 
and a natural history of the country ; to countenance and 
inculcate the principles of humanity and general benevo- 
lence, public and private charity, industry and frugality, 
honesty and punctuality in their dealings ; sincerity, good 
humor, and all social affections, and generous sentiments 
among the peojjle. 



CHAPTER VI. 

OATHS AND SUBSCRIPTIONS ; INCOMPATIBILITY OF AND EXCLU- 
SION FROM OFFICES ; PECUNIARY QUALIFICATIONS ; COMMIS- 
SIONS ; WRITS ; CONFIRMATION OF LAWS ; HABEAS CORPUS ; 
THE ENACTING STYLE ; CONTINUANCE OP OFFICERS ; PROVISION 
FOR A FUTURE REVISAL OF THE CONSTITUTION, &C. 

Art. I. Any person chosen governor, lieutenant-governor, 
councillor, senator or representative, and accepting the trust, 
shall, before he proceed to execute the duties of his place or 
oflicc, make and subscribe the following declaration, viz, : 



XXVIII CONSTITUTION. 



Art. VII. 



Art. TI. 



See amendments, " I, A. B., do declarc, that I believG the Christian religion, 
and have a firm persuasion of its truth ; and that I am seized 
and possessed, in my own right, of the property required by 
the constitution, as one qualification for the office or place 
to which I am elected." 

And the governor, lieutenant-governor and councillors, 
shall make and subscribe the said declaration, in the presence 
of the two houses of assembly ; and the senators and repre- 
sentatives, first elected under this constitution, before the 
president and five of the council of the former constitution ; 
and forever afterwards, before the governor and council for 
the time being. 

And every person, chosen to either of the places or offices 
aforesaid, as also any person appointed or commissioned to 
any judicial, executive, military or other office under the 
government, shall, before he enters on the discharge of the 
business of his place or office, take and subscribe the follow- 
ing declaration, and oaths or affirmations, viz. : 

seeamendments, " I, A. B., do ti'uly aud siuccrely ackuowlcdge, profess, 
testify and declare, that the Commonwealth of Massachusetts 
is, and of right ought to be, a free, sovereign and independent 
State ; and I do swear, that I will bear true faith and alle- 
gience to the said Commonwealth, and that I will defend 
the same against traitorous conspiracies and all hostile 
attempts whatsoever ; and that I do renounce and abjure 
all allegiance, subjection and obedience to the king, queen 
or government of Great Britain, (as the case may be,) and 
every other foreign power whatsoever ; and that no foreign 
prince, person, prelate, state or potentate, hath, or ought to 
have, any jurisdiction, superiority, pre-eminence, authority, 
dispensing or other power, in any matter, civil, ecclesiastical 
or spiritual, within this Commonwealth ; except the authority 
and power which is or may be vested by their constituents 
in the congress of the United States : and I do further testify 
and declare, that no man, or body of men, hath, or can have, 
any right to absolve or discharge me from the obligation of 
this oath, declaration or affirmation ; and that I do make 
this acknowledgment, profession, testimony, declaration, 
denial, renunciation and abjuration, heartily and truly, 
according to the common meaning and acceptation of the 
foregoing words, without any equivocation, mental evasion, 
or secret reservation whatsoever. So help me, God." 

" I, A. B., do solemnly swear and affirm, that I will faith- 
fully and impartially discharge and perform all the duties 
incumbent on me as , according to the 

best of my abilities and understanding, agreeably to the 



CONSTITUTION. xxix 

rules and regulations of the constitution, and tlie laws of 
the Commonwealth. So help me, God." 

Provided, always, that when any person, chosen or 
appointed as aforesaid, shall be of the denomination of the 
people called Quakers, and shall decline taking the said 
oaths, he shall make his affirmation in the foregoing form, 
and subscribe the same, omitting the words, "/c?o swear," 
" and abjure," " oath or," " and abjuration," in the first 
oath ; and in the second oath, the words " swear and," and 
in each of them the words " So help me, God ; " subjoining 
instead thereof, " This I do under the pains and penalties of 
perjury." 

And the said oaths or affirmations shall be taken and sub- 
scribed by the governor, lieutenant-governor and councillors, 
before the president of the senate, in the presence of the two 
houses of assembly ; and by the senators and representatives 
first elected under this constitution, before the president 
and five of the council of the former constitution ; and for- 
ever afterwards before the governor and council for the 
time being ; and by the residue of the officers aforesaid, 
before such persons, and in such manner, as from time to 
time shall be prescribed by the legislature. 

II. No governor, lieutenant-governor, or judge of the Plurality of otn- 

. o_ ? 111,11 1 cf 1 "6^ prohibited to 

supreme judicial court, shall hold any other office or place, governor, &c., 
under the authority of this Commonwealth, except such as ^"""^p'' *"'" 
by this constitution they are admitted to hold, saving that se^eamendments, 
the judges of the said court may hold the offices of justices 
of the peace through the State ; nor shall they hold any 
other place or office, or receive any pension or salary from 
any other State, or government or power, whatever. 

No person shall be capable of holding or exercising at the same subject. 
same time, within this State, more than one of the following 
offices, viz. : judge of probate — sherilf — register of probate 
— or register of deeds ; and never more than any two offices, 
which are to be held by appointment of tiic governor, or the 
governor and council, or the senate, or the house of repre- 
sentatives, or by the election of the people of the State at 
large, or of the people of any county, military offices, and 
the offices of justices of the peace excepted, shall be held by 
one person. 

No person holding the office of judge of the supreme incompatibio 
judicial court — secretary — attorney-general — solicitor-gen- ° 
eral — treasurer or receiver-general— judge of probate — An.TiTi!"'"'"'^' 
commissary-general — president, professor or instructor of 
Harvard College — sherilf— clerk of the house of representa- 
tives — register of probate — register of deeds — clerk of the 



XXX 



CONSTITUTION. 



Same subject. 



Bribery, &c., op- 
erates disqualifi- 
cation. 



Value of money- 
ascertained. Pro- 
perty qualifica- 
tions. 

See amendments, 
Art. XIU. 



Provisions re- 
specting com- 
missions. 



specting writs. 



Continuation of 
former laws, ex- 
cept, &c. 



Benefit of habeas 
corpus secured, 
except, &c. 



supreme judicial court — clerk of the inferior court of com- 
mon pleas — or officer of the customs, including in this 
description naval officers — shall at the same time have a 
seat in the senate or house of representatives ; but their 
being chosen or appointed to, and accepting the same, shall 
operate as a resignation of their seat in the senate or house 
of representatives ; and the place so vacated shall be filled 
up. 

And the same rule shall take place in case any judge of 
the said supreme judicial court, or judge of probate, shall 
accept a seat in council ; or any councillor shall accept of 
either of those offices or places. 

And no person shall ever be admitted to hold a seat in 
the legislature, or any office of trust or importance under 
the government of this Commonwealth, who shall in the due 
course of law, have been convicted of bribery or corruption, 
in obtaining an election or appointment. 

III. In all cases whei^e sums of money are mentioned in 
this constitution, the value thereof shall be computed in 
silver, at six shillings and eight pence per ounce ; and it 
shall be in the power of the legislature, from time to time, 
to increase such qualifications, as to property, of the persons 
to be elected to offices, as the circumstances of the Common- 
wealth shall require. 

IV. All commissions shall be in the name of the Com- 
monwealth of Massachusetts, signed by the governor, and 
attested by the secretary or his deputy, and have the great 
seal of the Commonwealth affixed thereto. 

Y. All writs, issuing out of the clerk's office in any of 
the courts of law, shall be in the name of the Common- 
wealth of Massachusetts ; they shall be under the seal of 
the court from whence they issue ; they shall bear test of 
the first justice of the court to which they shall be return- 
able who is not a party, and be signed by the clerk of such 
court. 

VI. All the laws, which have heretofore been adopted, 
used and approved, in the Province, Colony or State of 
Massachusetts Bay, and usually practiced on in the courts 
of law, shall still remain and be in full force, until altered 
or repealed by the legislature ; such parts only excepted as 
are repugnant to the rights and liberties contained in this 
constitution. 

VII. The privilege and benefit of the writ of habeas 
corpus shall be enjoyed in this Commonwealth, in the most 
free, easy, cheap, expeditious and ample manner ; and shall 
not be suspended by the legislature, except upon the most 



CONSTITUTION. xxxi 

urgent and pressing occasions, and for a limited time, not 
exceeding twelve months. 

VIII. The enacting style, in making and passing all acts. The enacting 
statutes and laws, shall be — " Be it enacted by the Senate *'^ "' 

and House of Representatives, in General Court assembled, 
and by the authority of the same." 

IX. To the end there maybe no failure of justice, or officers of former 
danger arise to the Commonwealth, from a change of the Mnu"d unui, &c! 
form of government, all officers, civil and military, holding 
commissions under the government and people of Massachu- 
setts Bay, in New England, and all other officers of the said 
government and people, at the time this constitution shall 

Xake effect, shall have, hold, use, exercise and enjoy all the 
powers and authority to them granted or committed, until 
other persons shall be appointed in their stead ; and all 
courts of law shall proceed in the execution of the business 
of their respective departments ; and all the executive and 
legislative officers, bodies and powers, shall continue in full 
force, in the enjoyment and exercise of all their trusts, 
employments and authority, until the general court, and the 
supreme and executive officers under this constitution, are 
designated and invested with their respective trusts, powers 
and authority. 

X. In order the more effectually to adhere to the prin- Provision for re- 
ciples of the constitution, and to correct those violations tion"^ 
winch by any means may be made therein, as well as to form 

such alterations as from experience shall be found necessary, 
the general court, which shall be in the year of our Lord 
one thousand seven hundred and ninety-five, shall issue 
pr#cepts to the selectmen of the several towns, and to the 
assessors of the unincorporated plantations, directing them 
to convene the qualified voters of their respective towns 
and plantations, for tlie purpose of collecting their senti- 
ments on the necessity or expediency of revising the consti- 
tution, in order to amendments. 

And if it shall appear, by the returns made, that two- same subject. 
thirds of the qualified voters throughout the State, who shall 
assemble and vote in consequence of the said precepts, are 
in favor of such revision or amendment, the general court 
shall issue precepts, or direct them to be issued from the 
secretary's officQ, to the several towns, to elect delegates to 
meet in convention for the purpose aforesaid. 

Tlie said delegates to be chosen in the same manner and 
proportion as their representatives in the second branch of 
tlic legislature are by this constitution to be chosen. 



XXXII 



CONSTITUTION. 



Provision for pre- XI. Tliis form of govemmeiit shall be enrolled on parcli- 
ifshinl thfs con- mcnt, and deposited in the secretary's office, and be a part 
stitution. of the laws of the land ; and printed copies thereof shall be 

prefixed to the book containing the laws of this Common- 
wealth, in all future editions of the said laws. 



ARTICLES OF AMENDMENT. 



Bill, &c., not ap- Art. I. If auj bill or resolve shall be objected to, and 
dlylfntt^to^bT- not approved by the governor ; and if the general court shall 
^XtureTdoum adjouHi withlu fi.ve days after the same shall have been laid 
fn theTeantoe. bcforc thc govcmor for his approbation, and thereby prevent 
his returning it with his objections, as provided by the con- 
stitution, such bill or resolve shall not become a law, nor 
have force as such. 



General court 
empowered to 
charter cities. 



Art. II. The general court shall have full power and 
authority to erect and constitute municipal or city govern- 
ments, in any corporate town or towns in this Common- 
wealth, and to grant to the inhabitants thereof such powers, 
privileges and immunities, not tepugnant to the constitution, 
as the general court shall deem necessary or expedient for 
the regulation and government thereof, and to prescribe the 
manner of calling and holding public meetings of the inhabi- 
tants in wards or otherwise, for the election of officers under 
the constitution, and the manner of returning the votes giten 
at such meetings : provided, that no such government shall 
be erected or constituted in any town not containing twelve 
thousand inhabitants ; nor unless it be with the consent, and 
on the application, of a majority of the inhabitants of such 
town, present and voting thereon, pursuant to a vote at a 
meeting duly warned and holden for that purpose ; and pro- 
vided, also, that all by-laws, made by such municipal or city 
government, shall be subject, at all times, to be annulled by 
the general court. 



Qualifications of Art. III. Evcry male citizen of twenty-pne years of age 
lorrneute^^ant- aud upwards, (excepting paupers and persons under guar- 
governor, sena- diauship,") who sliall havc rcsidcd within the Commonwealth 

tors and repre- r^'^ ... , , -!•,•,• i-ii 

sentatives. 11 ouc ycar, and within the town or district, in which he may 
sefamMdments, claim a right to vote, six calendar months next preceding 
xxin.^'''' "°** any election of governor, lieutenant-governor, senators or 



CONSTITUTION. xxxiii 

representatives, and who shall have paid, by himself or his 
parent, master or guardian, any state or county tax, which 
shall, within two years next preceding such election, have 
been assessed upon him, in any town or district of this 
Commonwealth ; and also, every citizen who shall be by law 
exempted from taxation, and who shall be in all other 
respects qualified as above mentioned, shall have a right 
to vote in such election of governor, lieutenant-governor, 
senators and representatives ; and no other person shall be 
entitled to vote in such elections. 

Art. IV. Notaries public shall be appointed by the gov- Notaries pubuc, 
ernor, in the same manner as judicial ollicers are appointed, and removed? '^"^ 
and shall hold their offices during seven years, unless sooner 
removed by the governor, with the consent of the council, 
upon the address of both houses of the legislature. 

In case the office of secretary or treasurer of the Com- vacancies in the 
monwealth shall become vacant from any cause, during the ry andVi^^er* 
recess of the general court, the governor, with the advice &°J!*^"^*^'"*'^'^' 
and consent of the council, shall nominate and appoint, Ar^t^xvii""^"*^' 
under such regulations as may be prescribed by law, a com- 
petent and suitable person to such vacant office, who shall 
liold the same until a successor shall be appointed by the 
general court. 

Whenever the exigencies of the Commonwealth shall commissary-gen- 
require the appointment of a commissary-general, he shall p™nt^7ia*ca"se^ 
be nominated, appointed and commissioned, in such manner *''• 
as the legislature may, by law, prescribe. 

All officers commissioned to command in the militia, may Mmtia officers, 
be removed from office in such manner as the legislature ^""^ ■^■"o^^d. 
may, by law, prescribe. 

Art. V. In the elections of captains and subalterns of who may voto 
the militia, all the members of their respective companies, ^ubauer^nl?" """^ 
as well those under as those above the age of twenty-one 
years, shall have a right to vote. 

Art. YI. Instead of the oath of allegiance prescribed by oath to be taken 
the constitution, the following oath shall be taken and sub- '^y'^"«"«'^«"i 
scribed by every person chosen or appointed to any office, 
civil or military, under the government of this Common- 
wealth, before he shall enter on the duties of his office, to 
wit : — 

" I, A. B., do solemnly swear, that I will bear true faith 
and allegiance to the Commonwealth of Massachusetts, and 
will support the constitution thereof. So help me, Gou." 



XXXIV 



CONSTITUTION. 



or afflrmatlou In 
case, &c. 



Tests abolished. 



Incompatibility 
of offices. 



Provided, That when any person shall be of the denomi- 
nation called Quakers, and shall decline taking said oath, 
he shall make his affirmation in the foregoing form, omitting 
the word " swear," and inserting, instead thereof, the word 
" affirm," and omitting the words, " So help me, God," and 
subjoining, instead thereof, the words " This I do under the 
pains and penalties of perjury." 

Art. VII. No oath, declaration or subscription, except- 
ing the oath prescribed in the preceding article, and the 
oath of office, shall be required of the governor, lieutenant- 
governor, councillors, senators or representatives, to qualify 
them to perform the duties of their respective offices. 

Art. VIII. No judge of any court of this Commonwealth, 
(except the court of sessions,) and no person holding any 
office under the authority of the United States (postmasters 
excepted,) shall, at the same time, hold the office of gov- 
ernor, lieutenant-governor or councillor, or have a seat in 
the senate or house of representatives of this Commonwealth ; 
and no judge of any court in this Commonwealth, (except 
the court of sessions,) nor the attorney-general, solicitor- 
general, county-attorney, clerk of any court, sheriff, treas- 
urer and receiver-general, register of probate, nor register 
of deeds, shall continue to hold his said office after being 
elected a member of the Congress of the United States, and 
accepting that trust ; but the acceptance of such trust, by 
any of the officers aforesaid, shall be deemed and taken to 
be a resignation of his said office ; and judges of the courts 
of common pleas shall hold no other office under the govern- 
ment of this Commonwealth, the office of justice of the peace 
and militia offices excepted. 

Amendments to Art. IX. If, at any timc hereafter, any specific and par- 
^nstitution.how ^.^^j^j, amendment or amendments to the constitution be 
proposed in the general court, and agreed to by a majority 
of the senators and two-thirds of the members of the house 
of representatives present and voting thereon, such proposed 
amendment or amendments shall be entered on the journals 
of the two houses, with the yeas and nays taken thereon, and 
referred to the general court then next to be chosen, and 
shall be published ; and if, in the general court next chosen, 
as aforesaid, such proposed amendment or amendments shall 
be agreed to by a majority of the senators and two-thirds of 
the members of the house of representatives present and 
voting thereon, then it shall be the duty of the general court 



CONSTITUTION. xxxv 

to submit such proposed amendment or amendments to the 
people ; and if they shall be approved and ratified by a 
majority of the qualified voters, voting thereon, at meetings 
legally warned and holden for that purpose, they shall become 
part of the constitution of this Commonwealth. 

Art. X. The political year shall begin on the first of'"JJ|f^^i°'^* 
Wednesday of January, instead of the last Wednesday of 
May ; and the general court shall assemble every year on 
the said first Wednesday of January, and shall proceed, at that 
session, to make all the elections, and do all the other acts, 
which are by the constitution required to be made and done 
at the session which has heretofore commenced on the last 
Wednesday of May. And the general court shall be dis- and termination, 
solved on the day next preceding the first Wednesday of 
January, without any proclamation or other act of the gov- 
ernor. But nothing herein contained shall prevent the 
general court from assembling at such other times as they 
shall judge necessary, or when called together by the gov- 
ernor. The governor, lieutenant-governor and councillors, 
shall also hold their respective ofiices for one year next 
following the first Wednesday of January, and until others 
are chosen and qualified in their stead. 

The meeting for the choice of governor, lieutenant- Meetings for the 
governor, senators and representatives shall be held on the no^r^iieutlnlnt^ 
second Monday of November in every year ; but meetings fXe^^n to'^be i^ui! 
may be adjourned, if necessary, for the choice of representa- ^ay b« adjoum- 
tives, to the next day, and again to the next succeeding see amendments, 
day, but no further. But in case a second meeting shall be 
necessary for the choice of representatives, such meetings 
shall be held on the fourth Monday of the same month of 
November. 

All the other provisions of the constitution, respecting the 
elections and proceedings of the members of the general 
court, or of any other oflicers or persons whatever, that have 
reference to the last Wednesday of May as the commence- 
ment of the political year, shall be so far altered, as to have 
like reference to the first Wednesday of January. 

This article shall go into operation on the first day of Article, when to 
October, next following the day when the same shall be duly ^""^ "p*""""- 
ratified and adopted as an amendment of the constitution ; 
and the governor, lieutenant-governor, councillors, senators, 
representatives, and all other state officers, who are annually 
chosen, and who shall be chosen for the current year, when 
the same shall go into operation, shall hold their respective 
offices until the first Wednesday of January then next fol- 



XXXVI CONSTITUTION. 

lowing, and until others are chosen and qualified in their 
stead, and no longer ; and the first election of the governor, 
lieutenant-governor, senators and representatives, to be had 
in virtue of this article, shall be had conformably thereunto, 
in the month of November following the day on which the 
same shall be in force and go into operation, pursuant to the 
foregoing provision. 
Inconsistent pro- All tlic provisions of tlic cxisting constitution, inconsis- 
Tisions annu e . ^^^^^ with thc provlsious herein contained, are hereby wholly 
annulled. 

Religions free- Art. XL Instcad of the third article of the bill of rights, 
the following modification and amendment thereof is substi- 
tuted : — 

" As the public worship of God, and instructions in piety, 
religion and morality, promote the happiness and prosperity 
of a people, and the security of a republican government ; 
therefore the several religious societies of this Common- 
wealth, whether corporate or unincorporate, at any meeting 
legally warned and holden for that purpose, shall ever have 
the right to elect their pastors or religious teachers, to con- 
tract with them for their support, to raise money for erecting 
and repairing houses for public worship, for the maintenance 
of religious instruction, and for the payment of necessary 
expenses ; and all persons belonging to any religious society 
shall be taken and held to be members, until they shall file 
with the clerk of such society a written notice declaring the 
dissolution of their membership, and thenceforth shall not 
be liable for any grant or contract which may be thereafter 
made or entered into by such society ; and all religious 
sects and denominations, demeaning themselves peaceably, 
and as good citizens of the Commonwealth, shall be equally 
under the protection of the law ; and no subordination of 
any one sect or denomination to another shall ever be estab- 
lished by law." 



Census of ratable 
polls to be taken 
i 



Art. XII. In order to provide for a representation of the 

■n"i837,~and "de- citizciis of this Commonwcalth, founded upon the principles 

cenma y ere- ^^ equality, a cciisus of tlic ratable polls in each city, town 

and district of the Commonwealth, on the first day of May, 

shall be taken and returned into the secretary's office, in 

such manner, as the legislature shall provide, within the 

month of May, in the year of our Lord one thousand eight 

hundred and thirty-seven, and in every tenth year thereafter, 

hrnvT'^OTroTd "^ ^^^^ month of May, in manner aforesaid : and each town 

seramendrnTuts; or city haviug tlircc liundred ratable polls at the last pre- 



CONSTITUTION. xxxvii 

ceding decennial census of polls, may elect one representa- Arts. xni. and 
tive, and for every four hundred and fifty ratable polls, 
in addition to the first three hundred, one representative 
more. 

Any town having less than three hundred ratable polls J°^'^''l^^.^^'''^^ 
shall be represented thus: The whole number of ratable ratable """pons, 
polls, at the last preceding decennial census of polls, shall be ^""^ represented. 
multiplied by ten, and the product divided by three hun- 
dred ; and such town may elect one representative as many 
years within ten years, as three hundred is contained in the 
product aforesaid. 

Any citv or town having ratable polls enough to elect one Fractions, how 

-i> -ii 1 x>iii J represented. 

or more representatives, with any number oi polls beyond 
the necessary number, may be represented, as to that surplus 
number, by multiplying such surplus number by ten, and 
dividing the product by four hundred and fifty ; and such 
city or town may elect one additional representative as 
many years, within the ten years, as four hundred and fifty 
is contained in the product aforesaid. 

Any two or more of the several towns and districts may, Towns may unite 
by consent of a majority of the legal voters present at a legal ti'vedistK""'' 
meeting in each of said towns and districts, respectively, 
called for that purpose, and held previous to the first day of 
July, in the year in which the decennial census of polls shall 
be taken, form themselves into a representative district, to 
continue until the next decennial census of polls, for the 
election of a representative or representatives-; and such 
districts shall have all the riglits, in regard to representation, 
which would belong to a town containing the same number 
of ratable polls. 

Tbc governor and council shall ascertain and determine. The governor and 
within the months of July and August, in the year of our Jitw'rti.e'mimber 
Lord one thousand eight hundred and thirty-seven, according ofrepn..s.ntativo3 
to the foregoing princij)les, the number of representatives towiTisentitVe'd.* 
which each city, town and representative district is entitled 
to elect, and the number of years, within the period of ten 
years tlicn next ensuing, that each city, town and repre- 
sentative district may elect an additional representative ; 
and where any town has not a sufficient number of polls to New apportion- 
elect a representative each year, then, how many years once^n^vt■r"'ton 
witliin the ten years, such town may elect a representative ; j«"s. 
and the same shall be done once in ten years thereafter, by 
the governor and council, and the number of ratable polls 
in each decennial census of polls, shall determine the number 
of representatives which each city, town and representative 
district may elect as aforesaid; and when the number of 



XXXVIII CONSTITUTION. 

representatives to be elected by each city, town or represen- 
tative district is ascertained and determined as aforesaid, the 
governor sliall cause the same to be published forthwith for 
the information of the people, and that number shall remain 
fixed and unalterable for the period of ten years. 
Inconsistent pro- All tlic provisious of tlic cxistiug coustitutiou inconsistent 
" ""° "-^ ^.^j^ ^j^^ provisions herein contained, are hereby wholly 
annulled. 



Tisions annulled. 



Census of inhabi- Art. XIII. A ccnsus of the inhabitants of each city and 
?n°i84o,''aud'de° towu, ou thc first day of May, shall be taken and returned 
aft"erj for ba^^rof ^"^^ thc sccrctary's office, on or before the last day of June, 
se'*imtOT°°nr'e°*^ ^^ ^^^^ ^^^^ *^"^ thousaud clght hundred and forty, and of 
resMtetivrs. '^''^ every tenth year thereafter ; which census shall determine 
the apportionment of senators and representatives for the 
term of ten years. 
Senatorial dis- Thc scvcral Senatorial districts now existing, shall be per- 
permantnlr'^^'^ maucut. Thc scuatc shall consist of forty members ; and in 
See amendments, the ycar ouc thousaud eight hundred and forty, and every 
tenth year thereafter, the governor and council shall assign 
the number of senators to be chosen in each district, accord- 
ing to the number of inhabitants in the same. But, in all 
cases, at least one senator shall be assigned to each district. 
House of repre- The mcmbcrs of the house of representatives shall be 
appon'iTned. ^"'^ apportioucd in the following manner : Every town or city 
Ar't^xxi!""'"*^' containing twelve hundred inhabitants, may elect one repre- 
sentative ; and two thousand four hundred inhabitants shall 
be the mean increasing number, which shall entitle it to an 
additional representative, 
s nail towns, how Evcry towu Containing less than twelve hundred inhabi- 
represeuted. ^^^^^^ ^j^^jj ^^ entitled to clcct a representative as many 
times, within ten years, as the number one hundred and 
sixty is contained in the number of the inhabitants of said 
town. Such towns may also elect one representative for the 
year in which the valuation of estates within the Common- 
wealth, shall be settled. 
Towns may unite Auy two or morc of tlic scvcral towns may, by consent of 
uvediTtdcts!"'^" a majority of the legal voters present at a legal meeting, in 
each of said towns, respectively, called for that purpose, and 
held before the first day of August, in the year one thousand 
eight hundred and forty, and every tenth year thereafter, 
form themselves into a representative district, to continue 
for the term of ten years ; and such districts shall have all 
the rights, in regard to representation, which would belong 
to a town containing the same number of inhabitants. 



CONSTITUTION. xxxix 

The number of inhabitants which shall entitle a town to Basis of represen- 
elect one representative, and the mean increasing number, on'ncreMe'! ™*"' 
which shall entitle a town or city to elect more than one, 
and also the number by which the population of towns, not 
entitled to a representative every year, is to be divided, shall 
be increased, respectively, by one-tenth of the numbers above 
mentioned, whenever the population of the Commonwealth 
shall have increased to seven hundred and seventy thousand, 
and for every additional increase of seventy thousand inhabi- 
tants, the same addition of one-tenth shall be made, respec- 
tively, to the said numbers above mentioned. 

In the year of each decennial census, the governor and The governor and 

•11111P n 1 o c\ 1 • council to appor- 

councii shall, beiore tlie iirst day ot feepteraber, apportion t'O" the number 
the number of representatives which each city, town and ofeaci?town*once 
representative district is entitled to elect, and ascertain how '" every ten years. 
many years, within ten years, any town may elect a repre- 
sentative, which is not entitled to elect" one every year ; and 
the governor shall cause the same to be published forthwith. 

Nine councillors shall be annually chosen from among the councillors to he 
people at large, on the first Wednesday of January, or as peop^eatTaTge*.''^ 
soon thereafter as may be, by the joint ballot of the senators 
and representatives, assembled in one room, who shall, as 
soon as may be, in like manner, fill up any vacancies that see amendments, 
may happen in the council, by death, resignation or other- ^'■'■^^^• 
wise. No person shall be elected a councillor who has not Qualifications of 
been an inhabitant of this Commonwealth for the term of •=°"°""°"- 
five years immediately preceding his election ; and not more 
than one councillor shall be chosen from any one senatorial 
district in the Commonwealth. 

No possession of a freehold, or of any other estate, shall ^ua1ifi°<l^tio*^not 
be required as a qualificatioii for holding a seat in either required. ""^ ''° 
branch of the general court, or in the executive council. 

Art. XIY. In all elections of civil officers by the people Elections by the 
of this Commonwealth, whose election is provided for by the pi'urai'ity'ofvotes^ 
constitution, the person having the highest number of votes 
shall be deemed and declared to be elected. 

Art. XV. The meeting for the choice of governor, lieu- Time of annual 
tenant-governor, senators and representatives, shall be held ern'o^'Jiud le^^I- 
on the Tuesday next after the first Monday in November, ^'""'*- 
annually ; but in case of a failure to elect representatives on 
that day, a second meeting shall be holdeii, for that purpose, 
on the fourth Monday of the same month of November. 

Art. XVI. Eiprht councillors shall be annually chosen by KSght councillors 

1 • 1 1 • /> 1 • /-I 1 • r- 1 r chosen by 

the inhabitants of this Coimnonvvoalth, qualified to vote lor thepiopie. 



XL CONSTITUTION. 

governor. The election of councillors shall be determined 
by the same rule that is required in the election of governor. 
The legislature, at its first session after this amendment 
shall have been adopted, and at its first session after the 
next State census shall have been taken, and at its first ses- 
sion after each decennial State census thereafterwards, shall 
divide the Commonwealth into eight districts of contiguous 
territory, each containing a number of inhabitants as nearly 
equal as practicable, without dividing any town or ward of 
Legislature to a city, and each entitled to elect one councillor : provided, 
uistrict state, /loivevev, that if, at any time, the constitution shall provide 
for the division of the Commonwealth into forty senatorial 
districts, then the legislature shall so arraiige the councillor 
districts, that each district shall consist of five contiguous 
senatorial districts, as they shall be, from time to time, 
established by the legislature. No person shall be eligible 
to the office of councillor who has not been an inhabitant of 
the Commonwealth for the term of five years immediately 
Day and manner prcccding liis clectiou. The day and manner of the elec- 
of election, &c. ^^^^^^ ^j^^ rctum of thc votes, and the declaration of the said 
elections, shall be the same as are required in the election 
Vacancies, how of govcmor. Whcuever there shall be a failure to elect the 
filled. ^^Y[ number of councillors, the vacancies shall be filled in the 

same manner as is required for filling vacancies in the senate ; 
and vacancies occasioned by death, removal from the State, 
or otherwise, shall be filled in like manner, as soon as may 
Organization of bc aftcr such vacaucics shall have happened. And that 
the government. ^YiQro may be HO delay in the organization of the government 
on the first Wednesday of January, the governor, with at 
least five councillors for the time being, shall, as soon as 
may be, examine the returned copies of the records for the 
election of governor, lieutenant-governor, and councillors ; 
and ten days before the said first Wednesday in January he 
shall issue his summons to such persons as appear to be 
chosen, to attend on that day to be qualified accordingly ; 
and the secretary shall lay the returns before the senate and 
house of representatives on the said first Wednesday in Jan- 
uary, to be by them examined ; and in case of the election 
of either of said officers, the choice shall be by them declared 
and published ; but in case there shall be no election of 
either of said officers, the legislature shall proceed to fill 
such vacancies in the manner provided in the constitution 
for the choice of such officers. 

Election of secre- Art. XVII. The sccrctary, treasurer and receiver-gen- 
I^ditor''^nd"^^t- eral, auditor, and attorney-general, shall be chosen annually, 



CONSTITUTION. XLi 

on the day in November prescribed for the choice of gov- tomev-generaiby 

ernor ; and each person then chosen as such, duly qualified ti^epcoi'ie. 

in other respects, shall hold his office for the term of one 

year from the third Wednesday in January next thereafter, 

and until another is chosen and qualified in his stead. The 

qualification of the voters, the manner of the election, the 

return of the votes, and the declaration of the election, shall 

be such as are required in the election of governor. In vacancies, how 

case of a failure to elect either of said officers on the day in ^"*'^' 

November aforesaid, or in case of the decease, in the mean 

time, of the person elected as such, such officer shall be 

chosen on or before the third Wednesday in January next 

thereafter, from the two persons who had the highest number 

of votes for said offices on the day in November aforesaid, 

by joint ballot of the senators and representatives, in one 

room ; and in case the office of secretary, or treasurer and 

receiver-general, or auditor, or attorney-general, shall 

become vacant, from any cause, during an annual or special 

session of the general court, such vacancy shall in like 

manner* be filled by choice from the people at large ; but if 

such vacancy shall occur at any other time, it shall be supplied 

by the governor by appointment, with the advice and consent 

of the council. The person so chosen or appointed, duly 

qualified in other respects, shall hold his office until his 

successor is chosen and duly qualified in his stead. In to qualify with- 

case any person chosen or appointed to either of the offices wiJ* offic^' °to"be 

aforesaid, shall neglect, for the space of ten days after he deemed vacant. 

could otherwise enter upon his duties, to qualify himself in 

all respects to enter upon the discharge of such duties, 

the office to which he has been elected or appointed shall 

be deemed vacant. No person shall be eligible to either Quaiifioiitiona 

of said offices unless he shall have been an inhabitant of '''"*"""''• 

this Commonwealth five years ne^^t preceding his election 

or appointment. 

Art. XVIII. All moneys raised by taxation in the towns sohooi moneys 
and cities for the support of public schools, and all moneys "nca for^secu- 
which may be appropriated by the State for the support of """ "'''°°^- 
common schools, shall be ap])lied to, and expended in, no 
other schools than those which arc conducted according to 
law, under the order and superintendence of the authorities 
of the town or city in which the money is to be expended ; 
and such moneys shall never be appropriated to any religious * 

sect for the maintenance, exclusively, of its own school. 



XLii CONSTITUTION. 

Legislature to Art. XIX. The legislature shall prescribe, by general 
eiTction^of'shM- law, for the election of sheriffs, registers of probate, commis- 
irobatef &T,b/ sioners of insolvency, and clerks of the courts, by the people 
the people. ' of the scvcral counties, and that district-attorneys shall be 

chosen by the people of the several districts, for such term 

of office as the legislature shall prescribe. 

Reading consti- Art. XX. No pcrsou shall have the right to vote, or be 

and^wruing^'ne^ eligible to officc undcr the constitution of this Common- 

tions'of votMs"''" wealth, who shall not be able to read the constitution in the 

Proviso. English language and write his name : provided^ Iioivever, 

that the provisions of this amendment shall not apply to any 

person prevented by a physical disability from complying 

with its requisitions, nor to any person who now has the 

right to vote, nor to any persons who shall be sixty years of 

age or upwards at the time this amendment shall take effect. 

Census of legal Art. XXI. A ccusus of the legal voters of each city and 
habTtant"*! whe°n towu, ou thc first day of May, shall be taken and returned 
taken, &c. jj^^q ^1,q officc of the Secretary of the Common wealtli, on or 
See General Stat, bcforc the last day of Juuc, iu the year one thousand eight 
c aper . hundred and fifty-seven ; and a census of the inhabitants of 
each city and town, in the year one thousand eight hundred 
and sixty-five, and of every tenth year thereafter. In the 
census aforesaid, a special enumeration shall be made of the 
legal voters ; and in each city said enumeration shall specify 
the number of such legal voters aforesaid, residing in each 
ward of such city. The enumeration aforesaid shall deter- 
mine the apportionment of representatives for the periods 
between the taking of the census. 

The house of representatives shall consist of two hundred 
and forty members, which shall be apportioned by the legis- 
lature, at its first session after the return of each enumeration 
as aforesaid, to the several counties of the Commonwealth, 
equally, as nearly as may be, according to their relative 
numbers of legal voters, as ascertained by the next preceding 
special enumeration ; and the town of Cohasset, in tlie county 
of Norfolk, shall, for this purpose, as well as in the formation 
of districts, as hereinafter provided, be considered a part of 
the county of Plymouth ; and it shall be the duty of the 
secretary of the Commonwealth, to certify, as soon as may 
be after it is determined by the legislature, the number of 
representatives to which each county shall be entitled, to the 
board authorized to divide each county into representative 
districts. The mayor and aldermen of* the city of Boston, 
the county commissioners of other counties than Suffolk, — 



CONSTITUTION. xliii 

or in lieu of the major and aldermen of the city of Boston, Legislature to 

or of the county commissioners in each county other than '^i'P'"^"°°> *'<=■ 

Suffolk, such board of special commissioners in each county, 

to be elected by the people of the county, or of the towns 

therein, as may for that purpose be provided by law, shall, 

on the first Tuesday of August next after each assignment 

of representatives to each county, assemble at a shire town 

of their respective counties, and proceed as soon as may be, 

to divide the same into representative districts of contiguous 

territory, so as to apportion the representation assigned to 

each county equally, as nearly as may be, according to the 

relative number of legal voters in the several districts of 

each county ; and such districts shall be so formed that no 

town or ward of a city shall be divided therefor, nor shall 

any district be made which shall be entitled to elect more 

than three representatives. Every representative, for one Qualifications of 

year at least next preceding his election, shall have been an ''^p'^*'^**"***'^*''- 

inhabitant of the district for which he is chosen, and shall 

cease to represent such district when he shall cease to be an 

inhabitant of the Commonwealth. The districts in each 

county shall be numbered by the board creating the same, 

and a description of each, with the numbers thereof and 

the number of legal voters therein, shall be returned by the 

board, to the secretary of the Commonwealth, the county 

treasurer of each county, and to the clerk of every town in 

each district, to be filed and kept in their respective offices. 

The manner of calling and conducting the meetings for the 

choice of representatives, and of ascertaining their election, 

shall be prescribed by law. Not less than one hundred ^,ember3'*'*a 

members of the house of representatives shall constitute a quorum. 

quorum for doing business; but a less number may organize 

temporarily, adjourn from day to day, and compel the 

attendance of absent members. 

Art. XXII. A census of the legal voters of each city Census, &c. 
and town, on the first day of May, shall be takeii and returned 
into the office of the secretary of the Commonwealth, on or 
before the last day of June, in the year one thousand eight 
hundred and fifty-seven ; and a census of the inhabitants of 
each city and town, in the year one thousand eight hundred 
and sixty-five, and of every tenth year thereafter. In the 
census aforesaid, a special enumeration shall be made of 
the legal voters, and in each city said enumeration shall 
specify the number of such legal voters aforesaid, residing 
in each ward of such city. The enumeration aforesaid shall 
determine the apportionment of senators for the periods 



XLiv CONSTITUTION. 

Senate to consist betvveeu tliG taking of the census. The senate shall -consist 
senatOTi™ Ss'- of foi'tj mcmbcrs. The general court shall, at its first session 
tricts, &c. ^fiQY each next preceding special enumeration, divide the 

Commonwealth into forty districts of adjacent territory, each 
district to contain, as nearly as may be, an equal number of 
Proviso. legal voters, according to the enumeration aforesaid : pro- 

vided, however, that no town or ward of a city shall be 
divided therefor ; and such districts shall be formed, as 
nearly as may be, without uniting two counties, or parts of 
^enator?""''^ "^ ^^° ^^' morc couutics, into one district. Each district shall 
elect one senator, who shall have been an inhabitant of this 
Commonwealth five years at least immediately preceding his 
election, and at the time of his election shall be an inhabi- 
tant of the district for which he is chosen ; and he shall 
cease to represent such senatorial district when he shall 
Sixteen members ccasc to bc au inhabitant of the Commonwealth. Not less 
a quorum. Wi^u sixtccn scuators shall constitute a quorum for doing 
business ; but a less number may organize temporarily, 
adjourn from day to day, and compel the attendance of 
absent members. 

Residence of two Art. XXIII. No pcrsou of forcigu birth shall be entitled 
natu'rSd'^iiti! to votc, Or sliall be eligible to ofiice unless he shall have 
zen, to entitle to rcsldcd wlthiu thc iurisdictiou of the United States for two 

siitfr.-ige or malve •> ■,. • 

eligible to office, years subsequent to his naturalization, and shall be otherwise 
qualified, according to the constitution and laws of this 
Commonwealth : provided, that this amendment shall not 
affect the rights which any person of foreign birth possessed 
at the time of the adoption thereof; and, provided, further, 
that it shall not affect the rights of any child of a citizen of 
the United States, born during the temporary absence of 
the parent therefrom. 



Vacancies it 
senate. 



council. 



tiie Art. XXIV. Any vacancy in the senate shall be filled by 
■ election by the people of the unrepresented district, upon 
the order of a majority of senators elected. 

Vacancies in the Art. XXV. In case of a vacancy in the council, from a 
failure of election, or other cause, the senate and house of 
representatives shall, by concurrent vote, choose some eligible 
person from the people of the district wherein such vacancy 
occurs, to fill that office. If such vacancy shall happen 
when the legislature is not in session, the governor, with 
the advice and consent of the council, may fill the same by 
appointment of some eligible person. 



CONSTITUTION. xlv 

[Note. — The Constitution of Massachusetts was agreed upon by dele- 
gates of the people, in convention, begun and held at Cambridge, on the 
first day of September, 1779, and continued by adjournments to the 
second day of March, 178}, when the convention adjourned to meet on the 
first Wednesday of the ensuing June. In the meantime the Constitution 
was submitted to the people, to be adopted by them, provided two-thirds 
of the votes given should be in the affirmative. When the convention 
assembled, it was found that the Constitution had been adopted by the 
requisite number of votes, and the convention accordingly Resolved, " That 
the said Constitution or Frame of Government shall take place on the last 
Wednesday of October next ; and not before, for any purpose, save only 
for that of making elections, agreeable to this resolution." The first legis- 
lature assembled at Boston, on the twenty-fifth day of October, 1780. 

The first nine Articles of Amendment were submitted, by delegates in 
convention assembled, November 15, 1820, to the people, and- by them 
approved and ratified April 9, 1821, 

The tenth Article of Amendment was adopted by the legklatures of the 
political years 1829-30, and 1830-31, respectively, and was approved and 
ratified by the people, May 11, 1831. 

The eleventh Article of Amendment was adopted by the legislatures of 
the political years 1832 and 1833, respectively, and was approved and 
ratified by the people, November 11, 1833. 

The twelfth Article of Amendment was adopted by the legislatures of 
the political years 1835 and 1836, respectively, and was approved and 
ratified by the people, the fourteenth day of November, 1836. 

The thirteenth Article of Amendment was adopted by the legislatures 
of the political years 1839 and 1840, respectively, and was approved and 
ratified by the people, the sixth day of April, 1840. 

The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth and nine- 
teenth Articles of Amendment were adopted by the legislatures of the 
political years 1854 and 1855, respectively, and ratified by the people, the 
twenty-third day of May, 1855. 

The twentieth, twenty-first and twenty-second Articles of Amendment 
were adopted by the legislatures of the political years 1856 and 1857, 
respectively, and ratified by the people on the first day of May, 1857. 

The twenty-third Article of Amendment was adopted by the legislatures 
of the political years 1858 and 1859, respectively, and ratified by the 
people on the ninth day of May, 1859. 

The twenty-fourth and twenty-fifth Articles of Amendment were adopted 
by the legislatures of the political years 1859 and 1860, respectively, and 
ratified by the people on the seventh day of May, I860.] 



INDEX TO THE CONSTITUTION, 



A. 

Page. 

Adjutant-General, how appointed, xx 

Adjutants of Kegiments, how appointed, . . . . . . xx 

Aifirmations. See Oaths and Affirmations. 

Agriculture, Arts, Commerce, &c., encouragement of, ... xxvii 

Amendments to the Constitution, how made, xxxiv 

Apportionment of Councillors, xxxix, xl 

" of Representatives, xv, xxxvi, xxxvii, xxxvm, xxxix, xlh 

" of Senators, xi, xii, xxxvm, xliv 

Armies, Standing, should not be maintained without consent of Legis- 
lature, VII 

Arms, Eight of People to keep and bear, vii 

Articles of Amendment, xxxii 

Attorney-General, how appointed, xx 

" how elected, xl, xli 

*' Qualifications of, xli 

" Vacancy in Office of, how filled, .... xn 

Attorneys, District, how chosen, xlii 

Auditor, how chosen, .......... xl, xli 

" Qualifications of, ........ . xli 

" Vacancy in Office of, how filled xli 

B. 

Bail and Sureties, Excessive, not to be demanded, .... viii 

Bills and Resolves, to be laid before tlie Governor for revisal, . . ix 
" " to have the force of law, unless returned within 

five (lays, x 

" " to be void wlien not returned, if Legislature ad- 
journs within five days, ..... xxxii 

" " when vetoed, may be passed by two-tliirds of eaeli 

House, ........ X 

Bills, Money, to originate, in the House of Representatives, . . xvi 

Body Politic, liow formed, and nature of, iii 

Bribery or Corruption in obtaining an Ekctioii, to disiniality I'ur Oilier, xxx 



XXXII 

ibcd by Legislature, xi 



ii INDEX TO THE CONSTITUTION. 

C. 

Page. 

Cambridge, the University at, xxv 

Census of Inhabitants, when and how taken, .... xxxviii, xlh 
" of Legal Voters, when and how taken, .... xlii, xlui 

" of Eatable Polls, when and how taken, xxxvi 

Cities, General Court empowered to charter. 
Civil and Military Officers, duties of, to be presci 
Commander-in-Chief. See Governor. 

Commerce, Manufactures, Arts, &c., encouragement of, . . . xxvii 

Commissary-General, when and how nominated, &c., .... xxxiii 

" " to make Quarterly Eeturns, .... xxi 

Commissioners of Insolvency, how chosen, xlii 

Commission Officers, Tenure of Office to be expressed in Commis- 
sion, XXIV 

Commissions, how made, signed, countersigned, and sealed, . . xxx 

Congress, Delegates to, how chosen and commissioned, . . . xxv 

" " may be recalled, and others commissioned, . xxv 

" what Offices may not be held by members of, . . . xxxiv 

Constitution, Amendments to, how made, xxxiv 

" Eevision of in 1795, provided for, xxxi 

" to be enrolled, deposited in Secretary's Office, and printed 

with the laws, . . , xxxn 

Coroners, how appointed, xx 

Corruption. See Bribery. 

Council, and the manner of settling Elections by the Legislature, . xxii 

" may exercise powers of Executive, when, &c., . .. . xxiii 

" Members of, to be sworn in presence of both Houses, . . xxix 
" Members of, number, and how chosen, . . . xxii, xxiii, xxxix 

" Objects of, xxiii 

" Quorum of, xxiii 

" Eank and Qualifications of Members of, . . . xxiii, xxxix 

" Eegister of, subject to the call of either House, . . . xxiii 

" Eesolutions and Advice of, to be recorded, .... xxiii 

" Vacancies in, how filled, xl 

Court, Superior, Judges of, prohibited from holding other Offices, . xxxiv 
" Supreme Judicial, Judges of. Tenure of Office of, and Salary, 

VIII, XXI, XXII 

Courts and Judicatories, may administer Oaths and Affirmations, . x 

" Clerks of, how chosen, xlii 

" of Probate. See Probate. 

" of Eecord and Judicatories, the General Court may establish, x 

Crimes and OflPences, Prosecutions for, regulated, .... vi, vii 

D. 

Debate, Freedom of, in Legislature, affirmed, viii 

Declaration of Eights, iv 

Delegates to Congress, xxv 

" " how chosen, . . . . . . . xxv 



INDEX TO THE CONSTITUTION. 



Page. 
Delegates to Congress, may be recalled, and others commissioned, . sxv 

District- Attorneys, how chosen, xlii 

Districts, Councillor, how established and arranged, .... xii, xt 

" Representative, how formed, xliii 

" " Towns may unite in, . . . xxxvii, xxxviii 

" Senatorial, how established and arranged, . . xii, xxxviii, xliv 

Divorce and Alimony, causes of, how determined, .... xxv 

Duties of Civil and Military Officers, to be prescribed by Legislature, xi 



E. 

Elections, by Legislature, Adjournment of, xxiii 

" " Order of, xxiii 

" by the People, Plurality Eule to prevail in, xxxix 

" Freedom of, affirmed, vi 

Election Returns, by whom examined, &c., xiii, xli 

Enacting Style, established, ' . . . xxxi 

Encouragement of Literature, xxvii 

Enrollment. See Constitution. 

Equality and Natural Rights, recognized, iv 

Estates, Valuation of, when taken, xi 

Executive Power, xvii 

" not to exercise Legislative or Judicial Powers, ... ix 

Ex Post Facto Laws, injustice of, declared, viii 



F. 

Felony and Treason, conviction of, by Legislature, forbidden, 
Fines, Excessive, prohibited, ...... 

Freedom of Debate, in Legislature, affirmed, 



VIII 

VIII 

vm 



G. 

General Court, frequent sessions of, enjoined, vm 

how formed, • . . , ix 

may make Laws, Ordinances, &c., .... x 
may provide for the naming and settling of Civil 

Officers, X 

may prescribe the Duties of Civil and Military Officers, xi 

may impose Taxes, Duties, and Excises, ... xi 

may constitute Judicatories, and Courts of Record, . x 

may charter Cities, xxxii 

may be prorogued by Governor and Coyncil, . . xviii 

when to assemble, and when to be dissolved, x, xvixi, xxxv 

Government, Frame of, ix 

" Executive, Legislative, and Judicial Departments of, 

limits of, defined, ix 

" Objects of, m 

" Right of People to institute, alter, &c., .... in, v 
7 



XXX 
XXX 

XXVI 

XXVI 

XXVI 

XV 



iv INDEX TO THE CONSTITUTION. 

Page. 
Governor, may call Councillors together at his discretion, . . . xviii 

" qualifications of, Xvii, xxvii, xxxrv 

*' Salary of, xxi 

" shall sign such Bills and Resolves as he approves, . . ix 

" shall return such Bills and Resolves as he does not approve, ix 

" Style and Title of, xvii 

" to be Commander-in-Chief of Military Forces of State, . xix 

" to be sworn in presence of both Houses, .... xxviii 

" the holding of other Offices by, prohibited, . . . xxix, xxxiv 

" when and how chosen, . . . xvii, xvin, xxxii, xxxvi, xxxix 

" and Council, may pardon Offences, after Conviction, . . xix 

" " may prorogue the Legislature, . . . xviii 

" " shall examine Election Returns, . . . xiii, xl 



H. 

Habeas Corpus, benefit of, secured, 

" " not to be suspended more than twelve months, . 

Harvard College, Powers, Privileges, Grants, &c., confirmed to, . 

" " who shall be Overseers of, ... . 

" " Government of, may be altered by Legislature, 

House of Representatives, 

" " Members of, how apportioned and chosen, xv, xvi, 

XXXVI, XXXVII, XXXVIII, XXXIX, XLII, XLIII 

*' " qualifications of Members of, . xv, xxxix, xliii 

" " qualifications of Voters for Members of, xvi, xxxii, 

XLII 

" " to judge of the qualifications, &c., of its 

own Members, xvi 

" " to choose its own Officers, establish its own 

Rules, &c., XVI 

" " may punish Persons not Members, for dis- 
respect, &C., XVI 

" •' may try and determine all Cases involving 

its Rights and Privileges, . . . xvii 
" , " shall be the Grand Inquest to impeach, . xvi 

" " all Money Bills to originate in, . . . xvi 

" " not to adjourn more than two days at a time, xvi 

** " Quorum of, xvi, xliii 

" " Members of, exempt from arrest on Mean 

Process, xvi 

" " Towns may be fined for neglecting to return 

Members to, xv 

" " Travelling Expenses of Members of, how 

paid, XV 

" " Oaths or Affirmations of Members of, how 

taken and subscribed to, . . xxviii, xxix 



INDEX TO THE CONSTITUTION. 



I. 



Impeachment, Limitation of Sentence for, 
Impeachments, how made and tried, 
Incompatible Offices, enumeration of, . 
" Inhabitant," word defined, . 
Inhabitants, Census of, when taken, 
Insolvency, Commissioners of, how chosen, 
Instruction and Petition, Right of, affirmed, 



Page. 

XIV 

. xrv, XVI 

XIX, XXXIV 

XII 

XXXVIII, XLIII 

XLII 

VIII 



J. 

Judicatories and Courts of Record, Legislature may establish, . . x 
" " " may administer Oaths and Affirma- 
tions, X 

Judicial Department, not to exercise Legislative or Executive Powers, viii 

" Officers, how appointed, xx 

" " to hold Office during good behavior, except, &c., . xxiv 

" " may be removed on Address of Legislature, . . xxrv 

Judiciary Power, ........... xxiv 

Judges of Superior Court, what other Offices may not be held by, . xxxiv 

Judges of Probate, shall hold Courts on fixed days, &c., . . . xxv 

" " Appeals from, how heard and determined, . . xxv 

" " what other Offices may not be held by, . . . xxxiv 

Jury, Right of Trial by, secured, vil 

Justices of the Peace, Tenure of Office of, xxiv 

" " Commissions of, may be renewed, . . . xxiv 
" Supreme Judicial Court, Tenure of Office, and Salaries of, viii, xxi, xxrv 
" " " " what other Offices may not be held 

by, XIX, xxxiv 

" " " " , Opinions of, may be required by Ex- 
ecutive or either branch of Legis- 
lature, XXIV 



L. 

Law -Martial, Persons not in the Army, Navy, or Actual Service, not 

to be subject to, 

Laws, every Person to have remedy in, for injury to Person or Property 
" Ex Post Facto, declared unjust and inconsistent with Free Gov 

ernment, 

" not repugnant to Constitution, Legislature may make, 

*' of Province, Colony, or State of Massachusetts Bay, not repug 

nant to Constitution, continued in force, 
" power of suspending, only in Legislature, .... 

Legal Voters, Census of, when taken, y 

Legislative Department, not to exercise Executive or Judicial Powers 
" Power, .......... 



viil 

VI 

VIII 
X 

XXX 

VIII 

XLIII 

VIII 



vi INDEX TO THE CONSTITUTION. 

Page. 

Legislature. See General Court. 

Lieutenant-Governor, . xxii 

" " when and how chosen, . xxii, xsxir, xxxv, xxxix 

" " title of, XXII 

" " qualifications of, xxii 

" " powers and duties of, . . . . . . xxii 

" " to be sworn in presence of both Houses, . . xxix 

Literature, Encouragement of, xxvii 

M. 

Magistrates and Officers, accountability of, v 

Major-Generals, how appointed and commissioned, .... xx 
Martial Law, persons not in the Army, Navy, or actual service, not to 

be subject to, Tin 

Meetings, Plantation, provisions respecting, xiii 

" Town, Selectmen to preside at, xii 

Military Power, to be subordinate to Civil, ...... vii 

Militia Offices, vacancies in, how filled, xx 

" Officers, how elected and commissioned, .... xx, xxxiii 

" " how removed, xx, xxxiii 

" organization of, into Brigades, Regiments, and Companies, 

confirmed, xx 

Money Bills, to originate in House of Representatives, . . . xvi 

" how drawn from the Treasury, xxi 

" value of, how computed, . xxx 

Moneys, for the Support of Schools, how applied, .... xli 
Moral Principles, necessity of the observance of, in a Free Govern- 
ment, VII 

N. 

Notaries Public, how chosen, xxiv 

" " how appointed. Tenure of Office, &c., . . . xxxiii 

0. 

Oatlis and Affirmations, Courts and Judicatories may administer, . x 

" " Porms of, ... . XXVIII, xxxiii, xxxiv 

" " how and by whom taken and subscribed, xxviii, xxix, 

XXXIII 

" and Subscriptions ; Incompatibility of and exclusion from 

Offices, &c., &c., XXVII 

" variation of, in behalf of Quakers, xxix, xxxiv 

OS'ences. See Crimes and Offences. 

Office, Right of People to secure Rotation in, vi 

" Equal Right of all to, affirmed, vi 

" no person eligible to, who cannot read and write, . . . xlii 



INDEX OF THE CONSTITUTION. 



Officers, Civil, Legislature may provide for the naming and settling of, 
" Civil and Military, duties of to be prescribed by Legislature, 
" " " holding under Government of Massachu- 

setts Bay, continued in office 

Officers and Magistrates, accountability of, . 

Officers, JNIilitia, how elected and commissioned, . 
" " how removed, .... 

Offices, Incompatible, 

" Militia, vacancies in, how filled, 
" Plurality of, prohibited to Governor, Lieutenant- 
and Judges, 



Page. 



XX, XXXIII 

XX, XXXIII 

XXIX, XXXIV 

XX 

Governor, 

, XXIX, XXXIV 



P. 

Pardon, Power of, vested in Governor and Council, . . . . xix 

People, Right of, to keep and bear Arms, vii 

Person and Property, Remedy for all Injuries to, should be found in 

the Laws, vi 

Petition and Instruction, Right of, affirmed, viii 

Plantations, Unincorporated, Tax-paying Inhabitants of, may vote for 

Councillors and Senators, xiii 

Plurality of Votes, election of Civil Officers by, xxxix 

Political Year, when to begin and end, ...... xxxv 

Polls, Ratable, Census of, when taken, xxxvi 

Power, Executive, .......... xvii 

" Judiciary, xxiv 

" Legislative, ix 

Preamble, iii 

Press, Liberty of, essential to Freedom, vii 

Probate, Judges of, shall hold Courts on fixed days, &c., . . . xxv 

" " Appeals from, how heard and determined, . . xxv 

" " what other Offices may not be held by, . . . xxxiv 

" Registers of, how appointed, xx 

" " how elected, ........ xlii 

Property, Private, not to be taken for Public Uses without Compen- 
sation, VI 

Property Qualification, may be increased by Legislature, . . . xxx 

" " partially abolished, xxxix 

Prosecutions, for Crimes and Offences, regulated, .... vi 

Public Boards, Returns of, how, when, and to whom made, . . . xxi 

" Officers, Kiglit of People with reference to, ... . vi 

" Services, the only Title to particular and exclusive Privileges, v 

" Worship, the Right and Duty of, iv 

" " Legislature may compel provisions for, ... iv 

Punisinnents, Cruel and Unusual, proliibited, viii 



VIU 



INDEX TO THE CONSTITUTION. 



Q. 

Page. 

Quakers, variation of Oath in behalf of, . . . . . xxix, xxxiv 

Qualifications of Governor, xvii, xxxiv, xlii 

" of Lieutenant-Governor, xxii, xli 

" of Councillors, xxxix, xl, xlii 

" of Senators, xrv, xxxix, xlii, xliv 

*' of Kepresentatives, .... xxi, xxxix, xlii, xliii 

" of Secretary, Treasurer, Auditor and Attorney-General, xlii 

" of Voters, xii, xvi, xxxii, xlii 

" Moral, of Officers and Magistrates, .... vii 

Qualification, Property, may be increased, xxx 

" " partial abolition of, xxxix 

Quorum of Council, xviii, xxiii 

" of House, XVI, XLiii 

" of Senate, xv, xliv 

R. 

Ratable Polls, Census of, when taken, xxxvi 

" " Towns having less than 300, how represented, . . xxxvii 

" " Towns having less than 150, how represented, . . xv 

Read and Write, Persons who cannot, not to Vote or hold Office, . xlii 

Register of Council, to be kept, subject to the call of either House, . xxiii 

Registers of Probate. See Probate. 

Religious Denominations, equal protection secured to all, . . t, xxxvi 

" Societies, Right of, to elect their own Pastors, &c., . v, xxxyi 

" " persons belonging to, to be held as Members, till 

they file Notice of Dissolution, . . . xxxvi 

Representation, in Council, basis of, xi, 

" in House, . xv, xxxvi, xxxvii, xxxviii, xxxix, xlii, xliii 

" in Senate, xi, xxxviii, xliv 

Representatives. See House of Representatives. 

Returns, Quarterly, how and by whom to be made, .... xxi 

Returns of Votes, by whom made, examined, &c., . xii, xiii, xviii, xi, 

Revision of Constitution. See Constitution. 

Rights, Natural, Declaration of, &c., iv 



S. 

Salaries, of Judges of Supreme Court, .... 

Salary, of Governor, 

Schools, Money raised and appropriated for, how to be applied, 
" Sectarian, appropriation of Money for, prohibited. 

Search and Seizure, the Right of every Man to be secure from, 

Secretary, Treasurer, Commissary, &c., .... 

Secretary of the Commonwealth, how chosen, 

" " qualifications of, 

" " Duties of, ... 



VIII, XXI 

XXI 

XLI 

XLI 

VII 

XXIV 

XXIV, XL 

XLI 

XXIV, XLII 



INDEX TO THE CONSTITUTION. ix 

Page. 

Secretary of the Commonwealth may appoint Deputies, &c., . . xxnr 

" " vacancy in Ofl&ce of, how filled, xxxiii, xli 

Selectmen, Duty of, xii 

Self-government, Eight of, asserted, v 

Senate, . xi 

" Members of, number, and how chosen, . xii, xxxii, xxxviii, xliv 

" " qualifications of, ... . xiv, xxxix, xlii, xliv 

" " shall be sworn preliminary to trial of Impeachment, xnr 

" " exempt from arrest on Mean Process, . . . xvi 

" Quorum of, • xv, xliv 

" vacancies in, how filled, ....... xiv, xliv 

" to be final judge of elections of its own Members, . . . xiv 

" not to adjourn more than two days, xrv 

" shall choose its own Officers, and establish its own Eules, . xiv 

" shall try Impeachments, xiv 

" may punish persons not Members, for disrespect, &c., . . xvi 

" may try and determine all cases involving its own Eights and 

Privileges, .......... xvii 

Senators, Apportionment of, xi, xxxviii, xliv 

" Oaths and Affirmations, how taken and subscribed by, . . xxix 

Senatorial Districts. See Districts. 
Services, Public, the only title to particular privileges, ... v 

Sheriff's, how appointed, • . . xx 

" how elected, xlii 

Soldier, not to be quartered in any house without consent of owner, . viii 

Solicitor-General, how appointed, xx 

Standing Armies, without consent of Legislature, prohibited, . • vii 

Supreme Being, the Public Worship of, a Eight and Duty, &c., . . rv 

" Judicial Court, Tenure of Office and Salaries of Judges of, . viii, xxi 
Sureties and Bail, excessive, not to be demanded, .... viii 

Suspension of Laws, power of, 6nly in Legislature, .... vn 



T. 

Taxation, should be founded on consent, vi, viii 

Taxes, Excises, &c., Legislature may impose, xi 

Tax, State or County, payment of, one of the qualifications of a 

Voter, XIII, xxxii 

Tests, Eeligious, abolished, xxxiv 

Title, of Governor, xvii 

" of Lieutenant-Governor, xxii 

Town Meetings, Selectmen to preside at, xii 

Towns, having less than 300 Eatable Polls, how represented, . . xxxvii 

" having less than 150 Eatable Polls, how represented, . . xv 

" may unite in Eepresentative District, . . . xxxvii, xxxvm 

Travel, Expenses of, to and from the General Court, how paid, . . xv 

Treason and Felony, Legislature not to convict of, ... . viii 



X INDEX TO THE CONSTITUTION. 

Page. 

Treasurer and Receiver-General, how chosen, xxrv, xl 

" " qualifications of, . . . . xli 

" " eligibility to Office of, more than five 

years, prohibited, .... xxiv 

" " vacancy in Office of, how filled, xxxiii, xli 

Trial, by Jury, Eight of, secured, vi, vii 



u. 



University at Cambridge, &c., 



Y. 

Vacancies in Council, how filled, xl, xliv 

" in Militia Offices, how filled, xx 

" in Offices of Secretary, Treasurer, Auditor and Attorney- 
General, how filled, XXXIII, xli 

" in Senate, how filled, xiv 

Valuation of Estates, when taken, xi 

Veto, Power of, conferred upon Governor, ix 

Vote, no person entitled to, who cannot read and write, . . . xlii 

Voters, Legal, Census of, when taken, XLir, xliii 

" qualifications of, xii, xvi, xxxii, xlii 

Votes, all Civil Officers to be elected by a plurality of, , . . xxxix 
" Returns of, by whom made, examined, &c., . xii, xiii, xvu, xviii, xl 

w. 

Worship, Public, the Right and Duty of all Men, .... nr 

Writs, how made, issued, &c., xxx 



Y. 

Year, Political, when to begin and end. 



General ^inkks m)i %edal Jds 



MASSACHUSETTS, 



18 6 2 



l^' The General Court of 1862 assembled in the State House in 
Boston, on "Wednesday, the first day of January, and was prorogued 
on Wednesday, the thirtieth day of April. 

The oaths of office required by the Constitution, were adminis- 
tered to His Excellency John A. Andrew, on Friday, the third 
day of January. 



ACTS, 

GENERAL AND SPECIAL. 



An Act in relation to banks. Chan 1 

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

Section 1. The operation of the fifty-ninth section of the suspension of 
fifty-seventh chapter of the General Statutes is hereby sus- auTuorizLT*""' 
pended until the first day of April next. 

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

Approved January 14, 1862. 

An Act in relation to the town of seekonk. Chat). 2. 

Be it enacted, ^'c, as follows: 

Section 1. A municipal district is hereby established by Eastseekonk, 
the name and style of East Seekonk, to consist of those nlhet' °^' '''^^' 
portions of the territory of the towns of Seekonk and Paw- 
tucket, which by the fifth and seventh sections of the " Act 
in relation to the Rhode Island Boundary," approved by the 
governor on the tenth day of April, in the year one thousand 
eight hundred and sixty-one, are declared to constitute the 
town of Seekonk, upon the entry of a final decree by the 
supreme court of the United States, in the suit pending in 
said court between the states of Massachusetts and Rhode 
Island ; and the legal voters of the towns of Seekonk and Quaimcation of 
Pawtucket, residing on said territory, and none others, shall ^'°'*"' 
be qualified to vote in the affairs of said district. 

Section 2. On the petition of three or more of the legal waraen,^ oierk 
voters of said district, any justice of the peace within tlie how chosen. 
county of Bristol may and shall, by warrant directed to any 
one of said petitioners, and posted by him at any suitable pub- 
lic place or places in said district, summon the legal voters 
of said district to meet at any proper place in said district 
designated in said warrant, in district meeting, five days 
after tlie posting of said notice, at which meeting tlie said 



1862.— Chapter 2. 



Vacancies to be 
filled by election. 



School districts, 
East Seekonk, to 
arrange and ad- 
just claims of in 
Seekonk. 



Warden and se- 
lectmen, powers 
and duties. 



Records and 
other corporate 
property, cus- 
tody of. 



Moneys and 
funds, questions 
respecting, how 
determined. 



Taxes outstand- 
ing, collection 
and disposition 
of. 



Expenditures, 
how ordered. 



voters shall elect a warden, a clerk, and a treasurer, by a 
plurality vote, to have and exercise the powers and duties 
hereinafter set forth, and to be sworn to the faithful perform- 
ance of the same. And said meeting may adjourn and meet 
from time to time, so long as said district shall continue to 
exist. And in case of the death, absence, or disability of 
any warden, clerk, or treasurer elected, the district may and 
shall choose another person to act in his place and stead. 

Section 3. The said municipal district of East Seekonk 
may provide for the division of the future town of Seekonk 
into school districts, and for the adjustment of the claims of 
the several school districts and the tax-payers thereof, as 
contemplated in the aforesaid " Act in relation "to the Rhode 
Island ]3oundary ;" to which end the warden of said district, 
together with the selectmen of the present town of Seekonk, 
shall conjointly have and exercise all the powers, which the 
selectmen of towns now have, by general law, in the deter- 
mination of school districts, and shall make and consummate 
the sales, conveyances, appraisements and remittances of 
taxes, particularly required by the above-mentioned act. 

Section 4. The selectmen and town clerk of the present 
town of Seekonk shall forthwith, on demand of the warden 
or clerk of the district of East Seekonk, place in the custody 
of said warden or clerk, the town records, muniments 
of title, and other corporate property other than money or 
uncollected taxes, which the aforesaid " Act in relation to 
the Rhode Island Boundary " declares shall be the property 
of the future town of Seekonk. And it shall be the duty 
of the said warden and clerk immediately to take possession 
of such property and hold the same subject to the provisions 
of this act. 

Section 5. The warden of East Seekonk, together with 
the selectmen of Seekonk, shall conjointly have power to 
determine all questions, which have arisen or may arise, 
respecting money in the treasury of or belonging to the pre- 
sent or future town of Seekonk, and all questions regarding 
funds of the town, general or special, and all town questions 
whatsoever, occasioned by or depending upon the setting 
off a part of said town to the State of Rhode Island ; and 
they shall direct and order the immediate collection of all 
outstanding taxes, and determine what portion of the 'same, 
whether school money, highway money, or other, apper- 
tains to the future town of Seekonk, and to require such 
portions to be paid by the treasurer of the present town of 
Seekonk to the treasurer of the district of East Seekonk ; 
and all expenditures hereafter in and for the present town 



1862.— Chapter 2. 5 

of Seekonk shall be made on the joint order of the select- 
men of Seekonk and the warden of East Seekonk, and not 
otherwise. 

Section 6. The treasurer and collector of the present Receipts and ex- 
town of Seekonk shall forthwith prepare in duplicate a Lmfey"an°d re- 
certified return of all moneys received by him as such LTted "Le^rre- 
during the current municipal year, and since his last report pons of, to Whom 
to the said town, and of the expenditure of the same. Also 
a certified return of all taxes committed to him for collec- 
tion and remaining uncollected. And he shall thereupon 
deliver one copy of said return to the warden and one copy 
to the treasurer of the district of East Seekonk. 

Section 7. The treasurer and collector of the present j^f^''''^^ ^^^'*'^**°jj- 
town of Seekonk shall proceed forthwith, by distraint, eJ W legai en- 
arrest, or otherwise, according to law, to collect all out- 
standing taxes due to said town from any person residing 
or owning taxable property therein, save in the case of any 
such person, who, by joint act of said selectmen of Seekonk, . 
and said warden of East Seekonk, shall have been declared 
to be unable by reason of extreme poverty to pay his tax, 
and whose tax shall by said selectmen and warden have 
been for such cause abated or released. And all town Moneys in trea- 
money now in the hands of the said treasurer of the town of Low arawn''.""'"^' 
Seekonk, and all which he may hereafter collect, he shall 
hold and pay according to the joint order of the said select- 
men of Seekonk and the said warden of East Seekonk, and 
thus only, unless otherwise required by lawful process of 
the courts of the Commonwealth. 

Section 8. It shall be lawful for the selectmen of commissioner, 
Seekonk, or the warden of East Seekonk, or either of them, either Prtyfmay 
immediately on the organization of said district of East ^« j^'onnri'! ^to 
Seekonk, to petition the supreme judicial court, or either of adjust differem-es 
the justices thereof, in term time or vacation, to appoint a m^en and warden! 
commissioner, which commissioner shall have power to do 
and perform all the things proposed by this act to be done 
by the joint action of the selectmen of Seekonk and the 
warden of East Seekonk as aforesaid, in case of any disagree- 
ment between them as to the execution of the powers and 
duties devolved upon them by this act, and who shall there- 
iipon proceed to Seekonk, there to discharge his functions ; 
and the report of said commissioner in the premises, made 
to and accepted by the supreme judicial court, shall be final 
and conclusive as respects all parties. 

Section 9. In case of the neglect or refusal of the select- Failure ..r omcor 
men, town clerk or treasurer of the present town of Seekoniv, tL/to au'fiinri/!.! 
or either of them, to do the things herein required, or any of ^' ■"• ''""'"^ ^' 



6 1862.~Chapter 2. 

enforce perform- thcm, tliG supremG judicial couft is authorized and required, 
on application of the warden, clerk or treasurer of East 
Seekonk, to compel the same to be done ; and the said 
supreme judicial court shall have like authority, on petition 
of any inhabitant of Seekonk, to enforce the performance of 
the duties hereby imposed on the warden, clerk and treasurer 
of the district of East Seekonk. 
Orders and de- SECTION 10. The suprcmc judicial court is hereby em- 
s^^j. c3'em- powered to make and issue all orders and decrees requisite 
cute'^^'^ *° ^^^' in the premises, and to cause the same to be executed sum- 
marily, by injunction, contempt or other lawful process in 
Proceedings, to chanccry. And the proceedings before said court, in any 
attornr-^'eieraf ^^^^ arisiug uudcr this act, at the relation of any petitioner, 
' shall be in the name of the attorney-general of the Common- 
wealth, whose duty it shall be to prosecute the same to final 
decree in the behalf and at the expense of the Common- 
Expenses to be wealth. And the treasurer of the Commonwealth is empow- 
we!fuh.^°°""°^" ered to pay all said expenses, as taxed and allowed by the 
supreme judicial court, including the expense's of the 
commissioner, on the certificate of the attorney-general. 
Powers and du- SECTION 11. It shall bc tlic duty of the warden, clerk and 
Xers^ of'^EMt trcasurcr of East Seekonk, to prepare a voting list of the 
Seekonk. legal voters of said district, entitled to vote in town meeting, 

and to correct the same, with the same powers as selectmen 
in the premises, and to post the same in a suitable public 
place or places, at least ten days before the first day of next 
March. 
Warden to issue SECTION 12. The wardcu of East Seekonk shall, at least 
i'LgTen da/s'^rfor *^'^ ^^J^ pHor to thc first day of March next, issue his warrant, 
M°^.h' '^'^^ °^ directed to the clerk of said district or any person therein, 
requiring him to warn the lawful voters of said district to 
assemble in town meeting at some suitable place on the said 
first day of March, for the purpose of organizing the future 
town of Seekonk as designated by the aforesaid " Act in 
Specifications of rclatioii to tlic Rhodc Island Boundary," and the warrant for 
warrant. g^|^ mcctiug shall sct fortli the objects thereof, to wit, to 

organize the town, to elect the annual town officers, and to 
transact any other town business proper or usual to be 
transacted at annual town meetings which shall have been 
Warrant to be spccificd iu said Warrant by the said warden. Notice of said 
posted. meeting to be given by posting a copy of the warrant at some 

suitable public place or places at least five days prior to the 
Meeting to be Said first day of March. And the said warden shall call the 
meeting of town mccting to ordcr, and preside over the same until a modera- 
of seekonii. ^Qr sliall havc been chosen, when the meeting shall be deemed 
and held in law to be a town meeting of the town of Seekonk. 



1862.— Chapters 3, -4. 7 

Section 13. So soon as the proper town officers of the upon election of 
future town of Seekonk shall have been elected and qualified, or*s^konk,''di° 
the district of East Seekonk, created by this act, shall deter- ^nf propeiro'f 
mine and cease ; and the warden, clerk and treasurer of East ^^« ^mJcrl""^ '° 
Seekonk shall thereupon deliver \ip all records, money, or 
other town property in their hands, respectively, to such 
proper officers of the said town of Seekonk. 

Section 14. Wherever in the aforesaid " Act in relation construction of 
to the Rhode Island Boundary," mention occurs of the time l^^^J^ ^^^^ '^''■" 
of entry of a final decree of the supreme court of the United 
States, it shall be deemed to intend the time when by the 
terms thereof said decree takes effect, to wit, the first day of 
the next March. 

Section 15. The religious society in the town of Seekonk, congregational 
incorporated on the twenty-third day of June, one thousand precinct o" iteho- 
seven hundred and ninety-two, by the name of the Congre- ^"'J^. ioca''<"> de- 
gational Society in the first precinct of Rehoboth, a part of 
which society is situated on the western side of the boundary 
line between the states of Massachusetts and Rhode Island, 
established by the aforesaid decree of the supreme court of 
the United States, shall nevertheless, be and continue a reli- 
gious corporation of this Commonwealth, with all the powers 
and duties of such, according to the provisions of said act 
and the General Statutes of the Commonwealth. 

Section 16. This act shall take effect upon its passage. 

Approved January 29, 1862. 



Chap. 3. 



Ax Act ix addition to an act to incorporate the arkwrigiit 

MUTUAL FIRE INSURANCE COMPANY. 

Be it enacted, ^'c, as follows : 

Section 1. The Arkwright Mutual Fire Insurance Additional pow- 
Company is authorized to insure manufactories, and other "^ ^''"'*''* 
buildings containing manufactured goods and materials for 
manufacturing, and the contents thereof, against loss or 
damage by fire. 

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

Approved February 8, 1802. 



Chap. 4. 



An Act to authorize banks to pay out the demand notes of 

the united states. 
Be it enacted, §'c., as follows : 

Section 1. The fifty-fifth section of the fifty-seventh oenerai statutes, 
chapter of the General Statutes, shall not be construed to dcfined.*^ '"" " ' 
prohibit any bank in tliis Commonwealth from paying out 
from its counter the demand notes of the United States : 
provided^ that nothing in this act shall be construed to iv-visio. 



1862. — Chapters 5, 6. 

authorize banks to extend their loans beyond the limits pre- 
scribed by the fifty-seventh chapter of the General Statutes, 
and section one, chapter two hundred and thirteen of the 
acts of eighteen Imndred and sixty-one. 

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

Approved February 8, 1S62. 



Chap. 5. 



New Bedford. 



Repeal. 



Act to take effect. 



An Act establishing the terms op the probate court in the 

county of bristol, 
Be it enacted, ^c, as follows : 

Section 1. Probate courts for the county of Bristol shall 
be held at Fall River, on the first Friday of January, April 
and October, and the second Friday of July ; at New 
Bedford, on the first Friday of February, May, August and 
November ; and at Taunton, on the first Friday of March, 
June, September and December, of each year. 

Section 2. All acts and parts of acts establishing other 
times and places of holding said courts, are hereby re- 
pealed. 

Section 3. This act shall take effect on the first day of 

April next. Approved February 8, 1862. 



Chaj). 6. 



An Act making arpropriations for the mileage and compen- 
sation OF THE OFFICERS AND MEMBERS OF THE LEGISLATURE AT 
THE PRESENT SESSION THEREOF, AND FOR OTHER PURPOSES. 

Be it enacted, Sfc, as folloios : 

Section 1. The sums hereinafter mentioned, are appro- 
priated, and shall be allowed and paid out of the treasury 
of this Commonwealth, from the ordinary revenue, upon 
the warrants of the governor, for the purposes specified, 
to meet the expenses for the mileage and compensation of 
the officers and members of the legislature, at the present 
session thereof, and for other purposes, to wit : 

For the mileage of senators, a sum not exceeding four 
hundred dollars. 

For the compensation of senators, a sum not exceeding 
two thousand four hundred and eighty dollars. 

For the mileage of representatives, a sum not exceeding 
two thousand three hundred dollars. 

For the compensation of representatives, a sum not exceed- 
ing fourteen thousand eight hundred and eighty dollars. 

For the compensation of the door-keepers, messengers and 

^a*g'e.s°wrtehmen pagcs of thc scuatc and house of representatives, and of 

and firemen. g^^j^ watchmcu and fircmcu as may be employed in the state 

house, a sum not exceeding twelve hundred and eighty-six 

dollars and fifty cents. 



Senators' mile- 



Compensatio 



Representatives' 
mileage. 



Compensation. 



Door-keepers, 



1862.— Chapters 7, 8, 9. 9 

For mileage and compensation of the lieutenant-governor Lieut.-GoTemor 
and council, being deficiency in the appropriation for the aciency""" ~ ^" 
year eighteen hundred and sixty-one, the sum of nineteen 
hundred and forty-two dollars. 

In the resolve, chapter one, of the present year, in favor wiiuam stowe. 
of William Stowe, the sum of thirty dollars. 

For the compensation of the preacher of the election Preacher election 
sermon, one hundred dollars. 

For the transportation of state paupers, to be expended Tjansportatioa 

11 1- •• ^ '^ ^ ■,. .11 of paupers. 

by the alien commissioners, a sum not exceeding eight thou- 
sand dollars : provided, that the same shall be expended Proviso. 
only in the transportation of state paupers from the several 
hospitals and almshouses ; . and a detailed report of such 
expenditures shall be rendered to the auditor of the Com- 
monwealth, on the first day of every month. 

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

Approved February 8, 1862. 

An Act concerning the public schools. Chap. 7. 

Be it enacted, ^c, as follows : 

Agriculture shall be taught by lectures or otherwise, in Agriculture, 
all the public schools in which the school committee deem it authorized.' 
expedient. Approved February 8, 1862. 

An Act relating to lunatics in the state prison. Chnn ft 

Be it enacted, Sfc, as follows : Jr' ' 

Section 1. The commission for the examination of con- commission for 
victs in the state prison, alleged to be insane, provided for consTituted"''''"' 
in the one hundred and eightieth chapter of the General 
Statutes, shall hereafter consist of the physician of the state 
prison, as chairman, the superintendents of the state lunatic 
hospitals at Worcester and Taunton, together with the super- 
intendents of the McLean asylum at Somerville, and the 
Boston lunatic hospital. 

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

Approved February 8, 18G2. 



Chap. 9. 



An Act relating to the form and execution of certain 

warrants. 
Be it enacted, §'c., as follows : 

Section 1. Warrants issued under section seven of chap- service defined. 
ter seventy-five, and section eighteen of chapter seventy-six, 
of the General Statutes, may be directed to, and served by, 
any officer qualified to serve civil or criminal process in the 
county in which the warrants issued. 



10 1862.— Chapters 10, 11, 12. 

inconBistent pro- SECTION 2. So mucli of tliG seventy-fiftli and seventy-sixth 
visions repealed. p|-,j^p|;gj.g ^f ^\^q General Statutes, as is inconsistent with the 
provisions of this act, is hereby repealed. 

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

Approved February 8, 1862. 



Ch(q}. 10. 



An Act to extend the time for locating and constructing 

the milford and woonsocket railroad. 
Be il enacted ' ^'c, as follows : 
Extension of two SECTION 1. Thc time for locating and constructing the 
years. Milford and Woonsocket Railroad is hereby extended two 

years. 

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

Approved February 8, 1862. 



Chap. 11. 



An Act to change the name of " the proprietors of the meet- 

ING-HOUSE in federal STREET, IN THE TOWN OF BOSTON." 

Be it enacted, Sj-c, as follotvs : 

Arlington Street Section 1. " Thc Proprictors of the Meeting-house in 
Federal Street, in the town of Boston," shall hereafter be 
called and known by the name of The Proprietors of Arling- 
ton Street Church. 

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

Approved February 8, 1862, 



Churcli. 



Chaj). 12. 



An Act making appropriations for the maintenance of the 

government during the current year. 
Be it enacted, Sfc, as folloivs : 

Appropriations SECTION 1. Tho sums hereinafter mentioned are appro- 

expenditTes.""'^ priatcd, aud shall be allowed and paid out of the treasury 
of the Commonwealth, from the ordinary revenue, for the 
purposes specified, to meet the current expenses of the year 
ending on the thirty-first day of December, eighteen hundred 
and sixty-two, to wit : 

Attomey-generar For the Salary of the attorney-general, two hundred and 
eighty-three dollars, thirty-three cents. 

Clerk. . For clerk hire in the office of the attorney-general, eighty- 

three dollars, thirty-three cents. 

Secretary. For tlic Salary of the secretary of the Commonwealth, 

one hundred and sixty-six dollars, sixty-six cents. 

First clerk. For thc Salary of the first clerk in the secretary's office, 

one hundred and twenty-five dollars. 

Second clerk. For thc Salary of the second clerk in the secretary's office, 

one hundred and sixteen dollars, sixty-six cents. 

Messenger. For tlic Salary of the messenger in the secretary's office, 

sixty-six dollars, sixty-six cents. 



1H62.— CuArTER 12. 11 

For such additional clerical assistance as the secretary Additional 
may find necessary for the performance of the duties of the 
office, a sum not exceeding eight hundred and twenty-five 
dollars. 

For the salary of the treasurer and receiver-general, one Treasurer and 
hundred and sixty-six dollars, sixty-six cents. receiver-generai. 

For the salary of the first clerk in the treasurer's office, First cierk. 
one hundred and twenty-five dollars. 

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

For incidental expenses of the treasurer's office, a sum incidentals, 
not exceeding seventy-five dollars. 

For the salary of the auditor of accounts, one hundred Auditor. 
and sixty-six dollars, sixty-six cents. 

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

For compensation of the persons appointed under authority countersigning 
of chapter fifty-seven of the General Statutes, to countersign '"'"'^ °°'*'^- 
circulating notes of the similitude of bank notes, twenty-five 
dollars ; and the same may be paid to the clerk in the 
auditor's office, in addition to his salary. 

For such additional clerical assistance as the auditor may Additional eierks 
find necessary, a sum not exceeding two hundred and fifty auditor's office. 
dollars. 

For the salaries of the clerks of the senate and house of cierks of senate 
representatives, including the compensation of such assistants 
as tliey may appoint, thirteen hundred and thirty-tlu'ee 
dollars, thirty-three cents. 

For fees of witnesses summoned before committees, in Fees of witne.<.ses 
accordance with the provisions of the General Statutes, ^^t"!^ comuut- 
chapter one hundred fifty-seven ; of the acts of eighteen 
hundred and sixty, chapter forty-one ; and of the acts of 
eighteen hundred and sixty-one, chapter one hundred sixty- 
six, a sum not exceeding eight hundred dollars. 

For compensation of the private secretary of tl: 
one hundred and sixteen dollars, sixty-six cents. 

For the compensation of the messenger of the governor Messenger. 
and council, sixty-six dollars, sixty-six cents. 

For the compensation of the assistant-messenger to the Assistant-mes- 
governor and council, thirty-one dollars. **°^*'"' 

For the salary of the sergeant-at-arms, one hundred and sergcantat- 
sixty-six dollars, sixty-six cents. 

For the mileage and compensation of the bank commis- Bank comu.is. 
sioners, four hundred and ninety-nine dollars, ninety-eight '"°'"^''''' 
cents. 



12 1862.— Chapter 13. 

Clerk. For the salary of the clerk of the bank commissioners, 

one hundred and twenty-five dollars. 

Insurance com- FoF tlic compcnsatlon and expenses of the board of insur- 
ance commissioners, two hundred and fifty dollars. 

Commissioners For clcrk liirc in the office of commissioners on public 

clerk.*' ''^ "' lands, eighty-three dollars, thirty-three cents. 

Secretary board For tlic Salary of the secretary of the board of agriculture, 

of agriculture. ^^^^ hundred and sixty-six dollars, sixty-six cents. 

Adjutant-general For thc Salary of the adjutant and quartermaster-general, 
one hundred and fifty dollars. 

Clerk. For the salary of the clerk of the adjutant-general, one 

hundred dollars. 

Secretary board For thc Salary of thc sccrctary of the board of education, 

of education, ^j^^ huiidred and sixty-six dollars, sixty-six cents, the same 
to be paid from the income of the school fund. 

Clerk. For the salary of the assistant-librarian and clerk of the 

secretary of the board of education, one hundred and 
twenty-five dollars, the same to be paid from the income of 
the school fund. 

Additional assist- For additional assistance in the library, in accordance 

'""'*■ with the fifth chapter of General Statutes, a sum not ex- 

ceeding sixty-six dollars, sixty-six cents. 

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

Approved February 10, 1862. 

Chap. 13. -^^ -^^'^ "^^ REDUCE THE CAPITAL STOCK OF THE VILLAGE BANK IN 
"' * DANVERS. 

Be it enacted^ Sfc, as follows : 

Reduction au- SECTION 1. Tlic president, directors and company of the 
Village Bank in Danvers are hereby authorized to reduce 
their present capital stock, to the sura of one hundred and 

Proviso. fifty thousand dollars : provided, hoivevei', that no dividends 

of any part of the present capital stock shall be made, nor 
shall this act be in force, until the bank commissioners shall 
- have certified their opinion, in writing, to the governor and 
council, that the said corporation has sufficient funds for the 
payment of all notes, bills, deposits and other demands 
existing against it, and that, after the payment thereof, the 
net sura of one hundred and fifty thousand dollars will 
remain in said bank as capital stock, in funds available for 
all usual and proper banking purposes. 

Shares, number SECTION 2. No chaiigc shall be made in the present 

paryaue. jj^j^^j^gj. of sharcs iu Said capital stock ; but new certificates, 

in shares of seventy-five dollars each, shall be issued to the 

respective stockholders entitled thereto, upon their surrender 

of the certificates held by them. 



1862.— Chapters 1^, 15. 13 

Section 3. From and after the time when the said Pof"". ..^.^'o'l^-s 

., 1111 1 JT J and liabilities de- 

certificate of said commissioners shall have been delivered fined. 
as aforesaid, all the rights, duties and liabilities of said 
corporation shall have relation to, and be governed by, said 
reduced capital of one hundred and fifty thousand dollars ; 
and until the said certificate shall have been made and 
delivered as aforesaid, the said corporation shall pay into 
the treasury of the Commonwealth the tax required by law 
to be paid on the present capital stock of said bank. 
Section 4. This act shall take effect upon its passage. 

Approved February 13, 1862. 
An Act in addition to "an act to incorporate the quincy Chap. 14. 

RAILROAD COMPANY." 

Be it enacted, cVc, as follows : 



Section 1. The Quincy Railroad Company is hereby increase of 



determined 
commission- 



capi- 

authorized to increase its capital to the amount of one " '''' ""^ ' 
hundred and fifty thousand dollars. 

Section 2. In case of disagreement between said Quincy Trustees Nepon- 
Railroad Company and the trustees of the Neponset Bridge, ferenc" Tdh 
as to the mode and terms of crossing said bridge by said ^^ 
company's road, the same shall be fixed and determined ers 
by three commissioners, to be appointed by the supreme 
judicial court, on the application of either party, and to be 
paid by the parties, as said commissioners shall determine. 

Section 3. The time for locating and constructing that Time for coa- 
portion of said company's road, which lies between the town tfonextend°edone 
of Quincy and the point of connection with the horse rail- y^*""- 
road running through Dorchester Avenue, is hereby extended 
for one year. 

Section 4. All the tracks of said railroad, in said town of ^"^^'^^"''/'""j'"?* 
Dorchester, shall be constructed upon such reasonable terms, Dorcueaterto b" 
as to filling and excavating upon the streets over which said it'ctmen. ^^ "" 
road may pass, and at such grades, as the selectmen of said 
town shall determine to be for tlie public safety and con- 
venience ; and said selectmen shall have full power to make 
such regulations, as to the rate of speed on said tracks, as 
they shall deem necessary. Said company shall keep in 
repair and maintain such portion of said streets as shall be 
used for its tracks. 

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

Approved February 13, 1802. 
An Act in addition to "an act for the more speedy filling Chap. 15. 

OP LANDS IN THE BACK BAY." 

Be it enacted, §'c., as follows: 

Section 1. The first section of chapter two hundred of J;;^"" Jf ^^"^j-jp 
the acts of the year eighteen hundred and sixty, entitled s'^r.ii.ooo. 



14 1862.— Chapters 1G, 17. 

" An Act for the more speedy filling of Lands in the Back 
Time of issue and Bay," is hcrcby so amended, that the whole amount of scrip 
form of certifl- ^^ certificates of debt, thereby authorized, shall, in no event, 
exceed the sum of two hundred and fifty thousand dollars ; 
and said scrip or certificates of debt, may be issued, in con- 
formity to the provisions of said act, and, at any time, when 
needed for the purposes therein indicated, and shall bear 
date on the first day of the month of May last preceding the 
issue of said scrip or certificates of debt, and shall be signed 
by the treasurer, and countersigned by the governor, for the 
time being. 

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

Approved February 13, 1862. 
Chap. 16. -A^N Act to repeal chapter seventy of the resolves of the 

YEAR EIGHTEEN HUNDRED AND SIXTY-ONE. 

Be it enacted, §'c., as follows: 
B.irgwyn, H. K., Thc rcsolvc ou thc petition of Henry King Burgwyn and 
andwite. j^-g ^-^^ Auua G. Burgwyu, being chapter seventy of the 

resolves of the year eighteen hundred and sixty-one, is 

hereby repealed. Approved February 14, 1862. 

nh^^-. 1 T An Act to reduce the capital stock of the bank of 

^'^^P- ^'- BRIGHTON. 

Be it enacted, ^~c., as follows: 
May reduce to SECTION 1. Thc prcsidcut, dircctors and company of the 
$250,000. Bank of Brighton, are hereby authorized to reduce their 

present capital stock to the sum of two hundred thousand 
Proviso. dollars : provided^ hoivever, that no dividends of any part of 

the present capital stock shall be made, nor shall this act 
be in force, until the bank commissioners shall have certified 
their opinion in writing to the governor and council, that 
the said corporation has sufficient funds for the payment of 
all notes, bills, deposits and other demands existing against 
- it, and that after the payment thereof, the net sum of two 
hundred thousand dollars will remain in said bank as capital 
stock, in funds available for all usual and proper banking 
purposes. 
Shares, number SECTION 2. No changc shall bc made in the present 
of, and par value. jj^^jj^Ijqj. of sharcs iu Said capital stock; but new certificates, 
in shares of eighty dollars each, shall be issued to the 
respective stockholders entitled thereto, upon their surrender 
of the certificates held by them. 
Powers, duties SECTION 3. From and after the time when the said certi- 
fiued." ' ' '^^ *^ ficate of said commissioners shall have been delivered as afore- 
said, all the rights, duties and liabilities of said corporation 



1862.— Chapters 18, 19, 20. 15 

shall have relation to, and be governed by said reduced 
capital of two hundred thousand dollars ; and until the said 
certificate shall have been made and delivered, as aforesaid, 
the said corporation shall pay into the treasury of the Com- 
monwealth, the tax required by law to be paid on the 
present capital stock of said bank. 

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

Approved February 14, 1862. 
An Act to incorporate the conference of baptist ministers Qfidj) Jg 

IN MASSACHUSETTS. "' 

Be it enacted, &,'c., as folloios: 

Section 1. Andrew Pollard, Jonathan Tilson, S. S. Par- corporators. 
ker. Baron Stow, George B. Ide, Horatio B. Hackett, John 
N. Murdock, Arthur S. Train, Lemuel Porter, Daniel C. 
Eddy, Erastus Andrews, Addison Parker, William Lamson, 
John Girdwood, Kendall Brooks, Lemuel Moss, John Allen, 
Timothy C. Tingiey, John Blain, William C. Richards, 
Peter B. Haughwort, Albert N. Arnold, J. H. Tilton, Edgar 
H. Gray, John Shepardson, their associates and successors, 
are hereby made a corporation by the name of The Confer- Titio and pur- 
ence of Baptist Ministers in Massachusetts, for the purpose p°'*" 
of relieving aged and disabled Baptist ministers who are 
indigent: with all the powers and privileges, and subject to Privileges and re- 
all the duties, liabilities and restrictions, set forth in the ^'"''"°°*- 
sixty-eighth chapter of the General Statutes. 

Section 2. Said corporation may, for the purposes Real and per- 
aforesaid, hold real and personal estate to an amount ^ot ^°°'''^^'*^*' 
exceeding seventy-five thousand dollars. 

Approved February 14, 1862. 

An Act authorizing the construction op a bridge across px^^ i o 

CHILDS' RIVER, IN THE TOWN OF FALMOUTH. \yliaj). LJ. 

Be it enacted, ^c, as follows. • 

The county commissioners of the county of Barnstable county commis- 
are hereby authorized and empowered to locate and con- ^"'"''" 
struct, or cause to be located and constructed, a bridge over 
a certain tide-water called Childs' River, in the town of ^^^^^"""ti^n'^ 
Falmouth, at or near White's landing, so called, of such 
construction as said commissioners may adjudge to be in 
accordance with the wants and necessities of the citizens of 
Falmouth, and others. Ai)proved February 14, 1862. 

■ T " 

An Act concerning declarations in writs returnable before Q/i^jj 20 

JUSTICES OF the PEACE AND POLICE COURTS. -* ' 

Be it enacted, fj~c., as follows: 

Section 1. In actions of contract and actions of tort, A'-tion of ron- 
bcfore justices of the peace and i)olice courts, unless an >k'riani'tiui.s ""ii! 



16 1862.— Chapters 21, 22. 

may be omitted, arrcst of tliG persoii is made, the writ need not contain a 
unless, &c. declaration, nor any description of the cause of action in 

which it is intended to declare, other than the name of the 

form thereof. 
Declaration to be SECTION 2. When thc declaration is not inserted in the 

writ, it shall be filed with the writ when the same is entered. 
Defendant, on at- If an attachment of property is made, the declaration and 
pmiTwhen^'en: ^'^^^ of partlculars, when necessary, shall be furnished the 
titled' to papers, defendant or his attorney within three days after he shall 

have demanded the same of the plaintiff or his attorney. 
Omission of dec- SECTION 3. Whcn thc dcclaration is not inserted before 
thorize"'continS- the sGrvicc of the writ, the defendant shall be entitled as of 
auce. right, upon motion made by himself or his attorney, to a 

continuance of the action, at least seven days from the return 

day of the writ. Approved February 14, 1862. 

Chat). 21. -^^ -^^'^ AMENDING THE STATUTES RELATING TO HABITUAL TRUANTS. 

Be it enacted, Sfc, as follows: 
Fourth section, SECTION 1. The fourtli scctiou of the forty-second chap- 
Ster!°G!^s. ter of the General Statutes is hereby amended by striking 

out the word " may," and inserting instead thereof, the word 

"shall." 
Filth section. SECTION 2. The fifth section of the same chapter is hereby 

amended, by striking out the words, " availing themselves 

of the provisions of the preceding section." 

Approved February 14, 1862. 

Chan ''2'2 ^ -^^^ ^^ AUTHORIZE THE TRUSTEES OF THE METHODIST EPISCOPAL 
"' ' SOCIETY IN IPSWICH, TO SELL THEIR OLD MEETING-HOUSE. 

Be it enacted, ^c, as follows: 
Sale authorized. SECTION 1. The trustccs of the Mcthodist Episcopal 
Society in Ipswich are hereby authorized to sell, at public 
auction, the building formerly used and occupied by said 
society as a house of worship, in said town, and to appro- 
, priate the proceeds of said sale : 
Proceeds, use of First — To thc payment of any debt or liability now due, 
defrned. ^^^^ subsistlng ou accouut of said building ; 

Second — To the expenses of the sale ; and Third, to the 
owners of pews in said building, on demand, in accordance 
with the existing appraisal thereof. Such payment shall be 
in full compensation for such pew or pews, to the owner or 
owners thereof. 

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

Approved February 14, 1862. 



1862.— Chapters 23, 2-4, 25. 17 

An Act to ixcoRroRATE the trustees of the horton fund op Chan. 23. 

THE SECOND PRESBYTERIAN SOCIETY IN NEWBURYPORT. "' 

Be it enacted, §-c., as follows: 

Section 1. William Horton, Edward Burrill, Solomon corporatora. 
Haskell, Nathaniel M. Horton, their associates and succes- 
sors in office, for the time being, are hereby made a corpo- 
ration, by the name of the Trustees of the Horton Fund, of Title, 
the Second Presbyterian Society in Newburyport, with all priTiieges and 
the powers and privileges, and subject to all the duties, lia- "«'"<="°°''- 
bilities and restrictions, of associations for religious purposes, 
set forth in chapters thirty-two and sixty-eight of the General 
Statutes, for the purpose of holding property in trust, for purpose. 
the support of preaching the gospel in said society, agree- 
ably to the provisions of the deed of trust, dated October 
twelfth, eighteen hundred and sixty-one, by which said trust 
funds have been provided ; which deed, for preservation of 
evidence of its contents, may be recorded in the registry of 
deeds for the county of Essex. 

Section 2. Said corporation may make such by-laws as By-iavfs. 
are not inconsistent with the laws of this Commonwealth, 
for its government and for admission of associates, agreeably 
to the provisions of the said deed. Approved February 14, 1862. 

An Act to provide for uniform modes of ascertaining the QJiap. 24. 

AMOUNT OF PREMIUM CROPS. "' 

Be it enacted, ^*c., as follows: 

Section 1. The state board of agriculture shall have f u*""*^ ^^a**'''''"^'. 
authority to prescribe rules and regulations to incorporated scrTbe m^s. ^'* 
agricultural societies, for uniform modes of ascertaining the 
amount of product of crops entered for premium. 

Section 2. The fifteenth section of the sixty-sixth chapter Repeal. 
of the General Statutes is hereby repealed. 

Approved February 14, 1862. 

An Act in relation to the city of fall river. Chan. 25. 

Be it enacted, §'c., as follows: 

Section 1. The town property of the heretofore town of Town .j^fj^*"*'! 
Fall River, in the state of Rhode Island, shall be deemed ann"xed"to city 
and held, on and after the first day of March next, to be MaL^JchusItto.'" 
property of the city of Fall River, and the legal debts of said 
town to be the debts of said city : provided, tliat if said town ProTwo«. 
of Fall River shall, before said first day of March, have 
determined, in town meeting duly called, to sell said town 
property, other than town records, and to pay all the debts 
of said town, and shall actually have sold said property, and 
paid said debts, then, neither the property nor the debts 
shall devolve on said city ; and provided, further, tliat it 
3 



18 1862.— C^HAi'TEii 25. 

shall be lawful for such of the inhabitants of the town of 
Fall River as reside in territory declared by the " Act in 
relation to the Rhode Island Boundary," of the tenth day of 
April, eighteen hundred and sixty-one, to be part of the 
town of Westport, to demand of the said city of Fall River, 
in case the town property of said town of Fall River 
becomes devolved on said city, indemnity for their propor- 
tion of interest in said property, and to receive the same on 
their paying to said city their proportion of tiie debts of said 
town of Fall River. 
City cotincii to SECTION 2. It shall be the duty of the city council of the 
ensur"''''tra^6fe? clty of Fall Rlvcr, ou Or before the first day of March next, 
othi^protertro'f ^^ *^^^ mcasurcs in order, on that day, to demand and 
town. receive from the town officers of the heretofore town of Fall 

River, in Rhode Island, or from any other persons, the town 
records, muniments of title, town papers, and all other cor- 
porate property of said town, except such, if any, as the said 
town may have lawfully sold before the said first day of 
Duty of town March next, as herein before provided : and it shall be the 
officers. duty of all such town officers or other persons, on demand, 

to deliver the same to the proper city officers as designated 
by said city council. 
KTidences of SECTION 3. It shall be the duty of the respective town 
titi'J/^oTreares'! officcrs of thc Said heretofore town of Fall River, or other 
ted'^with^reTter P^fsons iu posscssiou, to procccd, on the first day of March 
of deeds for next, to dcposlt all records, files, and other evidences of 
hTBristTi county, convcyauccs and titles of real estate, in the custody of the 
register of deeds for the northern district of the county of 
Of perRonai estate Bristol ; and to dcposit all records, files, and other evidences 
Fau Kirer*!'"'' °^ of convByanccs or titles of personal estate, in the custody of 
Records of pro- tlic city clcrk of said city of Fall River ; and to deposit all 
with reg^te""of TGCords of probatc of wills, settlement of estates, and other 
probate. probatc matters, including original papers, in the registry of 

In case of de- probatc of Said county of Bristol : and, in default thereof, it 
bTe'idbrc'ed!'^^ *" shall bc thc duty of the said city clerk, register of deeds, and 
register of probate, respectively, to demand and enforce the 
delivery of the same. 
School districts Section 4, The school districts of said town of Fall River, 
be "deemed" as as constitutcd by authority of the state of Rhode Island, 
such iu Mass. except that part of the same which is annexed to the town 
of Westport, by the "Act in relation to the Rhode Island 
Boundary," shall be deemed and taken as such within the 
Commonwealth of Massachusetts, until changed or recon- 
Powers and du- stitutcd uudcr tlic laws thereof; and said school districts 
tiesas other dia- gj^^jj ^^^^^ ^j^ ^j^^ powcrs, and be subject to all the duties of 
school districts, and shall continue to hold and manage their 



1862.— Chapter 26. 19 

school property, as fully and to the same intents, as if origi- 
nally constituted under, and in virtue of, the laws of this 
Commonwealth : provided, that the inhabitants of such part Proviso-erst 
of the first school district of said town as by the aforesaid 
" Act in relation to the Rhode Island Boundary," was de- 
clared to be part of the town of Westport, shall be entitled 
to demand of said first school district, indemnity for their 
interest in the school property, on paying to said district 
their proportion of the debts thereof. And any clerk, trustee. Reorganization or 
or treasurer of either of said districts shall have power, and it orosc'^re. "^"'^ 
shall be their duty, on, or soon after, the first day of March 
next, to call a meeting of the legal voters thereof to reorgan- 
ize the said districts respectively, according to the laws of 
Massachusetts. 

Section 5. In case of disagreement between the city of ^'^*f^**"^°* *■'' 
Fall River and the inhabitants of said town of, Fall River, or betw«n saTci't'y 
the inhabitants of so much of the same as becomes part of drsti^cXrommis- 
the town of Westport, or between the first school district of po^XaHy'*! *c" 
said town and the part of it annexed to the seventeenth to determine.' 
school district of Westport, by said " Act in relation to the 
Rhode Island Boundary," as to division of property or debts, 
or division of paupers, or as to taxes or obligations, or as to 
any matters consequent on change of jurisdiction by said 
act, the superior court for the county of Bristol is hereby 
authorized and required, on application of either of said 
parties, to appoint three disinterested persons to hear said 
parties, and award thereon; which award, when accepted by 
the court, shall be final and conclusive of said matters. 

Section 6. The ward officers of the several wards of the ward omoers of 
city of Fall River shall be deemed and held as such to all confirmed" "^"l^ 
lawful intents, in the respective wards of said city bearing ^"'''*- 
the numbers of the wards severally in and for which said 
ward officers were elected, until the first Monday of January 
next, or until others are lawfully elected in their places. 

Section 7. Tliis act shall take effect upon its passage. 

Approved February 15, 18G2. 
An Act requiring the return of amount paid for assessing Chan. 26. 

AND collecting TAXES IN THE COMMONWEALTH, IN THE YEAR 1 ' " ' 

EIGHTEEN HUNDRED AND SIXTY-ONE. 

Be it enacted, §"c., as follows : 

Section 1. The clerks of the several cities and towns in Town an.! nty 
the Commonwealth shall, immediately after being notified ''''''''"' '" ■"'■""""' 
of the passage of tliis act, return to the secretary of the 
Commonwealth, a true and certified statement of the amount 
paid during the year eighteen hundred and sixty-one, for 



20 



1862.— Chapters 27, 28, 29. 



Chap. 27. 



Corporators. 



Title. 
Purpose. 



assessing and collecting taxes in their respective cities and 
towns. 

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

Approved February 18, 1862. 

An Act to incorporate the boston union relief society. 

Be it enacted, Sfc, as follows : 

Section 1. James M. Phipps, James B. Libbey, Thomas 
Britten and James Knott, their associates and successors, 
are hereby made a corporation, by the name of the Boston 
Union Relief Society, the object of which is to afford assist- 
ance to the members of said society and their families, in 
cases of sickness and death, and of raising and holding a 
fund for said purposes. 

Section 2. The said corporation may hold real and 
personal estate to an amount not exceeding twenty thousand 
dollars, no part of which shall be exempt from taxation. 

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

Approved February 18, 1862. 

^j ^Q An Act concerning cattle commissioners. 

Chap. Zb. ^g .^ enacted, Sj-c, as follows: 

Governor may SECTION 1. The govcmor, with thc advice and consent 
ppoint and ter- of thc council, shall have power to appoint a board of cattle 
commissioners, oi not more than three members, whenever 
in his judgment the public safety may require ; and may 
terminate their commissions, whenever in his judgment the 
public safety may permit : provided, that the compensation 
of said commissioners shall not exceed four dollars per day, 
for actual service, in addition to their travelling expenses 
necessarily incurred. 

Section 2. The powers and duties of the commissioners 
shall be such as are set forth in chapter two hundred and 
twenty-one of the acts of the year eighteen hundred and 
sixty. 

Section 3. All commissions and appointments made 
under chapters one hundred and ninety-two and two hundred 
and twenty-one of the acts of the year eighteen hundred 
and sixty, are hereby abolished. 

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

Approved February 18, 1862. 

Chai). 29. -^^ -^^"^ ^^ relation to the NANTUCKET AND MIDDLESEX NORTH 
' * ' AGRICULTURAL SOCIETIES. 

Be it enacted, ^'c, as follows : 

Annual fairs, Thc Nautuckct Agricultural Society shall hereafter com- 
pres^cr«)ed!°^'^°^ mcncc its annual fair on the last Tuesday in September. 



Proviso — com 
pensation. 



Powers and 
duties. 



Commissions un- 
der acts of 1860 
abolislied. 



1862.— Chapters 30, 31, 32. 21 

The Middlesex North Agricultural Society shall hereafter 
commence its annual fair on the last Thursday in September. 

Approved February 18, 1862. 

An Act authorizing the members of the " new north reli- Chap. 30. 

Gious society in the town of boston," to sell real estate. " 

Be it enacted, ^'c, as folloios : 

The members of the " New North Religious Society in the saio and appro- 
town of Boston," are hereby authorized to sell and convey cleo^'authori^d' 
by deed, free from, and discharged of, all and every trust,# 
their land and meeting-house situate on Hanover Street, in 
the city of Boston, and to use the proceeds of such sale, 
after paying the debts of said society, in any manner here- 
after authorized by a vote of three-fourths of the members 
of said society^ at a meeting legally notified and called for 

that purpose. Approved February 21, 1862. 

An Act to establish the boundary line between the towns QJiqv)^ 31, 

OF SOUTHAMPTON AND EASTHAMPTON. "* 

Be it enacted, S^-c., as follows : 

The dividing line between the towns of Southampton and Dividing line de- 
Easthampton, so far as the same lies between the old West- 
field road, so called, and a point near the north-west corner 
of the town of Southampton, shall be, and the same is, 
hereby established as follows : commencing on the east bank 
of the west branch of the Manhan River, in the present 
line between said towns, (the monument indicating said 
point to be placed directly opposite on the west bank of said 
river, on account of the condition of tlie banks of the stream,) 
thence down said river on the east side to its junction with 
the south branch of said river ; thence crossing at said junc- 
tion, to the east side of said south branch ; thence up said 
river on the east side about two hundred and forty i»ds to a 
monument erected on land now owned by Solomon A. Wol- 
cott ; thence south forty degrees and one-quarter east, four 
hundred and eighteen rods, to a monument on the line 
between said towns at the old Westfield road, so called. 

Approved February 21, 1862. 



An Act to extend the time for constructing the road op Qhn^ QO 
the salem and south danver3 railroad company, and to "' 

increase its capital stock. 

Be it enacted, &^c., as follows : 

Section 1. The time allowed the Salem and South Dan- Time extended 
vers Railroad Company to construct its road, is hereby '""y*""- 
extended two years beyond the time allowed by its act of 
incorporation. 



22 1862.— Chapters 33, 34. 

Section 2. Said corporation is hereby authorized to 
increase its capital stock, by adding thereto a sum not ex- 
ceeding twenty-five thousand dollars. 

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

Approved February 24, 1862. 

Chap. 33. ^^ ■^^'^ ^^ ADDITION TO AN ACT REGULATING THE TOLLS AT THE 
-^ ' " DARTMOUTH BRIDGE, 

Be it enacted, §'c., asfolloivs: 
itructio^^of'^df- Nothing contained in the act regulating the rates of toll 
fined.' at the Dartmouth Bridge, chapter eighty-five of the acts of 

the year eighteen hundred and forty-four, shall be construed 
to prohibit the taking of tolls at lower rates than prescribed 
in said act, and upon any terms that shall be deemed by the 
directors to be for the benefit of the public and of the Dart- 
mouth Bridge Company. Approved February 25, 1862. 

Chat) 34 -^^ ^'^^ '^^ ESTABLISH THE BOUNDARY LINE BETWEEN THE CITY OP 
"' ' CAMBRIDGE AND THE TOWNS OF WEST CAMBRIDGE AND BELMONT. 

Be it enacted, Sfc, as follows : 

Cambridge and SECTION 1. The dividing line between the city of Cam- 
iugTinedefinJd." bridge and the town of Belmont is hereby altered, and estab- 
lished as follows, to wit : Beginning at the outlet of Fresh 
Pond, in Alewife Brook, thence following said brook to a 
point therein, which point is distant from said outlet about 
four hundred and ninety feet in a straight line, run as the 
magnetic needle now points, north, six degrees and thirty 
minutes west; thence following the new channel of said 
brook, north, seven degrees and forty minutes east, one thou- 
sand seven hundred and nineteen feet ; thence following said 
new channel, north, ten degrees and fifteen minutes east, 
five hundred and eighty-one feet ; thence following said new 
channel, north, thirty-four degrees and seventeen minutes 
east, four hundred and seventy-eight feet ; thence following 
said new channel, north, twenty-eight degrees and twenty- 
four minutes east, about three hundred and thirty-nine feet, 
to the easterly side of the Lexington and West Cambridge 
Branch Railroad ; thence north-westerly, about one hundred 
and thirty feet, to the junction of Little River with said 
Alewife Brook, at the present boundary line between West 
Annexation ^ of Cambridge and Belmont. That part of Cambridge which 

'"' ° *" *" lies westerly and north-westerly of the above described line, 

is hereby annexed and shall belong to the town of Belmont ; 
and that part of Belmont which lies easterly and south- 
easterly of the above described line, is hereby annexed and 
shall belong to the city of Cambridge. 



parts of each to 
other. 



1862.— Chapter 35. 23 

Section 2. The dividing line between the city of Cam- Cambridge and 
l)ridge and the town of AVest Cambridge, is hereby altered, miTber^eeu'^de- 
and established as follows, to wit : Beginning at a point in '*"'''^- 
the new channel of Alewife Brook on the easterly side of the 
Lexington and West Cambridge Branch Railroad, which 
point is the north-easterly bound of the town of Belmont, as 
established by the preceding section ; thence north, twenty- 
eight degrees and twenty-four minutes east, about one hun- 
dred and seventy-five feet to a point in the new channel of 
said brook ; thence north, fifty-five degrees and forty-two 
minutes east, five hundred and ninety-eight feet to a point 
in said new channel ; thence north, forty-seven degrees and 
twenty minutes east, three hundred and sixty-nine feet, to a 
point in said brook ; thence north, seventy-one degrees and 
thirty-nine minutes east, three hundred and fifty-nine feet 
to a point in said brook ; thence following said brook, south, 
eighty-two degrees and thirty-nine minutes east, four hun- 
dred and thirty-six feet to a point in said brook ; thence 
following said new channel, north, sixty-five degrees and 
forty-one minutes east, five hundred feet to the south-westerly 
line of North Avenue ; thence following said brook, in the 
most direct channel, to the point where the dividing line 
between Cambridge and Somerville intersects the boundary 
line between West Cambridge and Somerville. That part Annexation of 
of Cambridge which lies north-westerly and northerly of the S^her."^ "'"'"' '° 
above described line, is hereby annexed and shall belong to 
the town of West Cambridge ; and that part of West Cam- 
bridge which lies south-easterly and southerly of the above 
described line, is hereby annexed and shall belong to the 
city of Cambridge. 

Section 3. Nothing contained in this act shall affect the Rights of citizens 
rights and })rivileges of the inhabitants of said city of Cam- fi"herics°act not 
bridge and said towns of Belmont and West Cambridge, in '» effect. 
said Alewife Brook, and their regulation and control of the 
fisheries therein. 

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

Approved February 25, 18G2. 
An Act relating to commissioners on shade trees and i-ublic Chat). 35. 

GROUNDS in the CITY OF WORCESTER. 
Be it enacted, §r., as follows: 

Section 1. The city council of Worcester is hereby Election and ten- 
authorized to elect, by joint l)allot, in convention, a board commLiouew."^ 
of three commissioners, to hold office, one for the term of 
three years, one fur the term of two years, and one for the 
term of one year ; and after the first election, one member 
thereof shall be elected each and every year, in the month 



24 1862.— Chapter 35. 

General powers of Jaiiuary, to liold officG for tliG term of three years, who 
shall have the sole care, superintendence and management 
of the public grounds belonging to said city of Worcester, 
and of all the shade and ornamental trees standing and 
growing thereon, and also of all the shade and ornamental 
trees standing and growing in or upon any of the public streets 
May be removed ^ud highways of Said city ; but said board, or any member 
after hearing, tlicreof, after haviug had an opportunity to be heard in his or 

ana successors ' C5 i i •/ ^ 

chosea. 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 said board of commissioners, by death, 
resignation, removal or otherwise, such vacancy shall be filled 
by the choice of another commissioner, in the manner afore- 
said, who shall hold his office for the remainder of the term for 
which the member in whose place he shall be elected would 
Organization and liavo held the samc. Said board may be organized by the 
quorum. clioicc of a chairmau and secretary from their own number, 

and a major part of said board shall constitute a quorum 
for the transaction of business. 
May lay out SECTION 2. Thc said board of commissioners shall lay 
st^uc't'iathB.'Jr^d out said public grounds or such part thereof as they shall 
fir"e'tree°? ^^' ^^^^ ^imc to time judge proper ; and it shall be the duty of 
said commissioners, from time to time, as appropriations 
shall be made therefor by the city council, to cause all neces- 
sary paths and avenues to be constructed therein, and to 
cause said public grounds to be planted and embellished 
with trees, as they shall think proper ; and said commission- 
ers shall also cause such shade and ornamental trees to be 
planted in and upon said public streets and highways in said 
city as they shall think proper, and as appropriations shall 
be made therefor by the city council, and shall adopt and 
use all necessary and proper means to preserve the same. 
May make by- and promotc the growth thereof. And said board may make 
^*'^*" all necessary by-laws and regulations in the execution of 

their trust, not inconsistent with this act, and the laws of 
the Commonwealth, as they shall deem expedient. 
Reports, annual SECTION 3. Said board of commissioners shall, annually, 
and occasional, j^ ^j^^ mouth of January, and whenever required by the city 
council, make and render a report of all their acts and doings, 
and of the condition of the public grounds and shade and 
ornamental trees thereon, and on said streets and highways, 
and an account of receipts and expenditures for the same. 
Mayor and alder- SECTION 4. The mayor and aldermen of said city shall 
qaTstio*^ of^ac- insert in the warrant for the next annual meeting for the 
ceptance of act elcctioii of statc officcrs, an article requesting the legal voters 

to voters. „.,..,. '. -, ^ . ° , . P 

of said city in their respective wards, to give in their written 



recover full 
in certaia 

cases. 



1862.— Chapters 36, 37, 38. 25 

votes upon the question whether they will accept this act, 
and if a majority of the votes given upon said question shall 
be in the negative, then this act shall be null and void. 

Approved February 25, 18G2. 

An Act relating to costs in civil actions. Chnn Sfi 

Be it enacted, Sfc, as follows: ^ ' 

Section 1. In all actions relating to easements, and in Prevailing party 
all others in which the title to real estate may be concerned, costf 
the party finally prevailing shall recover his full costs, with 
out regard to the amount of damages recovered : provided^ Proviso. 
the right to the easement or the title to real estate shall in 
fact be concerned in the particular case, and the judge before 
whom the cause is tried shall certify such to be the fact. 

Section 2. No action commenced before this act takes Application. 
effect, shall be affected by its provisions. 

Approved February 25, 1862. 

An Act to authorize the town of malden to maintain a njiQy. 97 
bridge. -^ 

Be it enacted, Sfc, as folloios : 

Section 1. The Edgeworth Company, incorporated by Transfer of rights 
an act passed May first, eighteen hundred and forty-nine, is conipa^y^*''°au''. 
hereby authorized to transfer to the town of Maiden all its ^^'''^^^^ 
rights to construct and maintain a bridge over Maiden 
Creek, with all the privileges and restrictions pertaining 
thereto, as specified in section second of said act : provided^ Proviso. 
this act shall in no manner affect any suit, or the legal rights 
of any parties against the inhabitants of said Maiden, or 
said Edgeworth Company. 

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

Approved February 25, 1862. 

An Act to incorporate the pneumatic drill company. ^1 00 

Be it enacted, &;c., as follows : l^fiap. 6b. 

Section 1. Herman Haupt, Stuart Gwynn, Edward corporators. 
Hamilton, their associates and successors, are hereby made 
a corporation, by the name of the " Pneumatic Drill Com- xitie. 
pany," for the purpose of manufacturing and dealing in a purpose, 
patented Pneumatic Drilling Engine, invented by Stuart 
Gwynn and others ; and also for the purpose of purchasing, 
holding and selling rights under said patent, to manufacture 
and use said machines. 

Section 2. Said company shall be located in the county Location. 
of Suffolk, shall have a capital stock not exceeding two oapitai stock, 
hundred and fifty thousand dollars, and shall be subject to 
1 



26 1862.— Chapters 39, 40, 41. 



Privileges and re- all the dutlcs, restnctions and liabilities, and possess all the 
etnct.ons. powei's and privileges, set fortli in the sixtieth and sixty- 

eighth chapters of the General Statutes. 

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

Approved February 26, 1862. 

Chap. 39. ^^ -A^CT TO CONFIKM CERTAIN ACTS DONE BY ALFRED W. PAUL, AS 
■^' ' JUSTICE OF THE PEACE. 

Be it enacted, Sfc, as follows : 
Acts made raiid. SECTION 1. All acts done by Alfred W. Paul, of Dighton, 
in the county of Bristol, as a justice of the peace within and 
for said county of Bristol, between the twenty-first day of 
April, in the year eighteen hundred and fifty-six, and the 
twenty-third day of December, in the year eighteen hundred 
and sixty-one, are hereby made valid and confirmed, to the 
same extent as they would have been valid had he been, 
during that interval, duly qualified to discharge the duties 
of said office. 

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

Approved February 28, 1862. 

Chat). 40. -^^ -^^"^ RELATING TO PROCEEDINGS IN EQUITY. 

Be it enacted, Sfc, as follows : 
in^twr^ogatories SECTION 1. lu suits iu cquity, the complainant and the 
same manner a" rcspondeut may at any time after the filing of the answer, 
under'"cha'^,'i29' file hi tfic clcrk's offico iutcrrogatories for the discovery of 
General statutes, f^^ts and documcuts material to the support or defence of 
the suit, to be answered on oath by the adverse party, in the 
same manner, and subject to the same restrictions and regu- 
lations as are now provided by chapter one hundred and 
twenty-nine of the General Statutes with reference to inter- 
rogatories in civil actions. 
Neglect to amend SECTION 2. If a party ncglccts or refuses to expunge, 
fect'^'dir"issai or amoud or answer according to the requisitions of chapter 
quired^"""" "■ 0"e hundred and twenty-nine of the General Statutes, the 
bill shall be dismissed or taken as confessed, or such other 
order or decree may be entered as the case may require. 

Approved February 28, 1862. 

Chap. 41. ^^ -^^^ "^^ CHANGE THE NAME OF THE ASSOCIATE REFORMED 
"' ' PRESBYTERIAN CHURCH IN FALL RIVER. 

Be it enacted, ^c, as folloivs : 

The Associate Reformed Presbyterian Church in Fall 
River, shall hereafter be called and known by the name of 
the United Presbyterian Church in Fall River. 

Approved February 28, 1862. 



1862.— Chapters 42, 43. 27 

Ax Act in relation to the fall river union bank. Chan 4'^ 

Be it enacted^ ^'c, 05 follows : 

Section 1. The present board of directors of the Fall ^.'jfboardof n7ay 
River Union Bank, a banking corporation located in the continue unui 
town of Fall River, Rhode Island, which on the first day of uon.*'""' ^^' 
March, in the year one thousand eight hundred and sixty- 
two, will become a part of the territory of this Common- 
wealth, may continue in office till the next annual election 
of directors, notwithstanding certain members thereof may 
be citizens of, and residents in, the state of Rhode Island ; 
and the said bank is authorized hereafter to choose two of two residents of 

. . n 1 • 1 • • 1 K. 1. may be 

its directors, citizens of and residents in said state. chosen hereafter. 

Section 2. This act shall take effect on the first day of Act, when to take 
March, in the year one thousand eight hundred and sixty-two. *"^*''*' 

Approved February 28, 1862. 

Chap. 43 



An Act making appropriations from the moiety of the 
income of the school fund applicable to educational 
purposes. 

Be it enacted, ffc, as follows : 

Section 1. The sums hereinafter mentioned in this sec- Appropriationa 
tion are appropriated and shall be allowed and paid out of *""^°"**"*- 
the moiety of the income of the school fund applicable to 
educational purposes, for the year one thousand eight hun- 
dred and sixty-two : 

For the support of the four state normal schools, for the Nomiai schools. 
current year, under the direction of the board of education, 
the sum of sixteen thousand dollars. 

For the Massachusetts Teachers' Association, the sum of Teachers' asso- 
six hundred dollars, on condition that said association shall tionai"^""""' 
furnish a copy of the Massachusetts Teacher to each school 
committee in the several cities and towns of the Common- 
wealth, during the year eighteen hundred and sixty-two, 
and furnish satisfactory evidence thereof to the auditor of 
the Commonwealth. 

For the American Institute of Instruction, the sum of 



three hundred dollars, to be paid to the president or treas- ti"on. " 
urer of said institute in the month of August next. 

For postage, printing, advertising, stationery, meteorologi- Printing, station- 
cal observations, and all other incidental expenses of the uis."""^ ""'"**'"" 
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. 

For the salary of the secretary of the board of education, secretary board 
eighteen hundred and thirty-three dollars and thirty-four 
cents. 



28 



1862.— Chapter 44. 



Agents board of 
education. 



Teachers' insti- 
tutes. 



State scholar- 



Expenses secre- 
tary board of edu- 
cation. 



Indian schools. 



County associa- 
tions of teachers. 



Normal school- 
house, repairs. 



Chap, 44. 



Corporators. 



Purpose, 



Privileges. 



For the support of one or more agents of the board of 
education, in accordance with chapter tliirty-four, section 
nine, of the General Statutes, a sum not exceeding twenty- 
five hundred dollars. 

For teachers' institutes, in accordance with chapter thirty- 
five, section two, of the General Statutes, the sum of 
twenty-eight hundred dollars. 

For the support of state scholarships, in accordance with 
chapter thirty-seven of the General Statutes, the sum of 
forty-eight hundred dollars. 

For aid to pupils in the state normal schools, in accordance 
with the resolves of the year eighteen hundred and fifty- 
three, chapter sixty-two, a sum not exceeding four thousand 
dollars. 

For the expenses of the secretary of the board of educa- 
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 members of the board of educa- 
tion, in accordance with the provisions of chapter thirty-four, 
section ten, of the General Statutes, a sum not exceeding 
two hundred dollars. 

For the support of certain Indian schools, in accordance 
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 
chapter thirty-five, section four, of the General Statutes, a 
sum not exceeding six hundred dollars. 

For repairs made on the Westfield normal school-house, 
five hundred dollars. 

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

Approved February 28, 1862. 
An Act to incorporate the Massachusetts colonization 

SOCIETY. 

Be it enacted, §'c., as follows: 

Section 1. William Ropes, B. C. Clark, Albert Fearing, 
Abraham R. Thompson, G. W. Blagden, James C. Dunn 
and Ezra S. Gannett, their associates and successors, are 
hereby made a corporation by the name of the Massachusetts 
Colonization Society, the object of which shall be to colonize 
on the coast of Africa, free people of color with their own 
consent ; with all the powers and privileges, and subject to 
all the duties, liabilities and restrictions, set forth in the 
sixty-eightli chapter of the General Statutes. 



1862.— Chapters 45, 46. 29 

Section 2. The said corporation may hold real and per- May hoia estate, 
sonal estate to an amount not exceeding three hundred 
thousand dollars. 

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

Approved February 28, 1862. 
An Act to reduce the capital stock of the central bank in Chap. 45. 

WORCESTER. ^ 

Be it enacted, S)'c., as follows : 

Section 1. The president, directors and company of the Reduction au- 
Central Bank in Worcester, are hereby authorized to reduce ""''^ ' 
their present capital stock to the sum of two hundred and 
fifty thousand dollars : provided, hoivever, that no dividends Proviso. 
of any part of the present capital stock of said bank shall 
be made, nor shall this act be in force, until the bank com- 
missioners shall have certified their opinion, in writing, to 
the governor and council, that the said corporation has 
sufficient funds for the payment of all notes, bills, deposits 
and other demands existing against it, and that, after the 
payment thereof, the net sum of two hundred and fifty 
thousand dollars will remain in said bank as capital stock, 
in funds available for all usual and proper banking purposes. 

Section 2. To reduce said capital stock as aforesaid, the shares, number 
said corporation may purchase and extinguish so many of^nd par value. 
shares therein, as may be necessary, so that each of the 
remaining shares shall be of the par value of one hundred 
dollars. 

Section 3. Upon the delivery of said certificate by said powers, duties 
commissioners, as aforesaid, all the rights, duties and lia- aned."''"'"'**"'*" 
bilities of said corporation shall have relation to, and be 
governed by, said reduced capital of two hundred and fifty 
thousand dollars ; and until the delivery of such certificate, 
the said corporation shall pay into the treasury of the Com- 
monwealth, the tax required by law to be paid on the present 
capital stock of said bank. 

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

Approved February 28, 18G2. 

An Act in relation to the pocasset bank. Chan. 46. 

Be it enacted, Sj-c, as follows : 

Section 1. The present board of directors of the Pocas- Present board of 

set Bank, a banking corporation located in the town of Fall ^ 

River, Rhode Island, which, on the first day of March, in 
the year one thousand eight hundred and sixty-two, will 
become a part of the territory of tliis Commonwealth, may 
continue in office till the next annual election of directors. 



dircctora may 
continue until 
next annual elec- 
tion. 



30 1862.— Chapters 47, 48. 

notwithstanding two members thereof may be citizens of, 
Two residents of and residents in the state of Rhode Island; and the said 
chosen hereafter! bank is authoHzed hereafter to choose two of its directors, 

citizens of, and residents in, said state. 
Act when to take SECTION 2. This act shall take effect on the first day of 

March, in the year one thousand eight hundred and sixty-two. 

Approved February 28, 1862. 

C^hnn 4-7 ^ ■^''^'^ ^^ PROHIBIT SEINING NEAR THE OUTLET OF LAGOON POND, 
KyfiajJ. ^ < . jj^ DUKES COUNTY. 

Be it enacted, §'c., as follows: 
r.ights of com- Section 1. No person shall set, di-aw or use any seine 
pauy defined. ^^^, taking fish within fifty rods of the dike, creek or outlet, 
of Lagoon Pond, in Dukes County, without first obtaining 
permission to do so, from the Lagoon Pond Company, in 
Dukes County. 

Section 2. Any person violating this act, shall, on con- 
viction, pay a fine of twenty dollars, to be recovered before 
any court competent to try the same, for the use of said 
company. 

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

Approved February 28, 1862. 

Chan 48 -^^ ^^'^ ^^^ "^^^ regulation op suits at law affected by the 
■c' ' establishment of the boundary line between the states of 

MASSACHUSETTS AND RHODE ISLAND, AND FOR OTHER PURPOSES. 

Be it enacted, Sfc, as folloios : 

Suits in law or SECTION 1. All civil actious, suits and other cases in law 

equity^depe^nding ^^ gqulty, of whatsocvcr name or nature, depending in any 

Massachusetts'" ^f thc courts of this Commonwealtli on the first day of 

to continue, not- Marcli ucxt hcreaftcr, may continue and be prosecuted to 

idencfo'f^paft^es! final judgment or decree therein, subject to the conditions 

and limitations hereinafter provided, notwithstanding thac 

the subject-matter shall exist, or both or either of the parties 

, reside or be, in the territory, which, in virtue of a decree of 

the supreme court of the United States, entered December 

sixteenth, one thousand eight hundred and sixty-one, to 

take effect on said first day of March, it is determined shall 

then cease to be deemed a part of the state of Massachusetts, 

and shall be deemed a part of the state of Rhode Island. 

Decree of s. c. SECTION 2. All such depending cases, of which, by reason 

bL^procee"d'ing8° of their subjcct-mattcr, or the relation of parties, the courts 

of this Commonwealth would not have jurisdiction if they 

had been instituted after the taking effect of said decree of 

the supreme court of the United States, may nevertheless be 

proceeded in to final judgment or decree in said courts of 



1862.— Chapter ^8. 31 

this Commonwealth, tlie same as if the said decree of the 

supreme court had not been made, but, in any such case, case may be 

,' .-i-i,! • ^ T J. transferred to 

the court, in which the same is depending, may, on consent proper court in 
of the parties, filed in writing, at any time before final judg- '^•^• 
ment or decree, order the said case to be transferred to the 
proper court of the state of Rhode Island, for such proceed- 
ings therein as to comity and right shall appertain ; and 
after said consent and order, the said court shall, at the 
request and cost of either party, cause to be made copies 
duly certified of the process and papers, and all other pro- 
ceedings in the said case, to be delivered to the said party ; 
and, upon proof being filed that such case has been entered, 
within six months after the date of the order of transfer, in 
the proper court of the state of Rhode Island, all further 
proceedings in the case shall cease in the courts of this 
Commonwealth : provided, that such transfer may, in the Proviso, 
discretion of the court, be made on the motion of either 
party, at any time before final judgment or decree, in cases 
where both the parties are resident, and the subject-matter 
of the suit is situated, in the territory, which by said decree 
of the supreme court of the United States ceases to be subject 
to the jurisdiction of this Commonwealth. 

Section 3. It shall be lawful for the proper courts of ?u'ts depending 
this Commonwealth to entertain jurisdiction of all civil i° jurisdiction. ' 
actions, suits and matters in law or equity, of whatsoever 
name or nature, lawfully depending, on or before the first 
day of March next, in the courts of the state of Rhode 
Island, in and for such portion of the territory of said state 
as by the aforesaid decree of the supreme court of the 
United States is from that day to be deemed in law a part 
of the territory of this Commonwealth, and whether such 
suits affect persons, property or other rights : provided, that Proviso. 
the plaintiff or defendant in such suit shall, at any time 
before final judgment or decree in said case in the courts of 
Rliodc Island, have filed in such proper court of this Com- 
monwealth copies of the process, papers and other proceed- 
ings in the same, under the hand and seal of the clerk of 
the said court of the state of Rhode Island in which the 
said case may be depending, or of the court itself if it have 
no clerk, whereupon such case shall proceed in the courts of 
this Commonwealth the same as if originally instituted 
therein. But if, in any such case depending as aforesaid, in case court in 
in the courts of Rhode Island, the said courts shall retain uiotio^,'*certXd 
jurisdiction after the first day of March next, and proceed [.".^riU^nTT. c" 
to final judgment or decree therein, in such event the said for Bristol co. 
judgment or decree, being duly certified, may be entered in 



32 1862.— Chapter 48. 

the supreme judicial court of the county of Bristol, either in 
term time or vacation, provided the same shall be done 
within six months after the date of said judgment or decree ; 
Procccd'gs upon and, upou the order of said court or of any justice thereof, 
the clerk of said court, in said county, shall issue execution 
or any other lawful process to give due effect to such judg- 
ment or decree, the same as if said judgment or decree had 
been rendered by the courts of this Commonwealth. 
Insolvency pro- SECTION 4. All procccdings in insolvency instituted in 
wcnoef in mS- the proper courts of this Commonwealth shall be and con- 
tfuue.'""^"'"'"'" tinue therein, to all intents and purposes, and in the same 
manner, as if the aforesaid decree of the supreme court of 
the United States had not been made, notwithstanding that 
the persons or property affected by such proceedings are 
resident or situated in the territory by said decree decreed 
ProTiso. to the state of Rhode Island, provided, that the state of 

Rhode Island shall make due provision by law to give effect 
to such proceedings as to persons and property within said 
Proceedings com- territory. All proceedings in insolvency, instituted in the 
mencedmR.!. p^^pg^, courts of thc statc of Rhodc Island, prior to the first 
day of March next, shall continue therein, affecting persons 
and property resident or situated in the territory in which 
said courts have heretofore held jurisdiction, but which by 
said decree of the supreme court is on that day deemed to 
be a portion of this Commonwealth, and shall have the same 
force and validity as if said decree had not been passed. 
Attachments of SECTION 5. Whcncver, in the class of cases as to which 
bair'tJken, ""n provislou Is hcrcin before made for the transfer thereof, or 
tr''Mrss°'^''h^w for certificate of judgment or decree therein, from the courts 
maintained. of thc statc of Rhodc Island to those of this Commonwealth, 
attachment of property shall have been made, or bail or 
other security taken, then such attachment or liability of 
bail or other security shall continue and be maintained in 
full force in this Commonwealth, as follows, to wit: If 
' said cause shall be transferred to and entered in the courts 
of this Commonwealth to be prosecuted therein, then such 
attachment shall continue in the same manner, and with the 
same force and effect, as if the suit had been originally 
brought in this Commonwealth ; and if the case shall be 
retained to final judgment or decree in the courts of the 
state of Rhode Island, and said judgment or decree certified 
from the courts of the state of Rhode Island to the courts 
of this Commonwealth for execution, then the attachment 
shall continue and be in full force until tliirty days after 
entry of order for execution consequent on the filing of a 
certified cojjy of said judgment or decree in the supreme 



1862.— Chapter 48. 33 

judicial court for the county of Bristol, provided that the 
said entry shall have been made on or before the term of 
said supreme judicial court holden next after thirty days 
from the date of such decree or judgment, and that such 
order for execution shall have been made within thirty days 
after the first day of said term: And, in all cases, the Liability of bau. 
liability of bail or other security, whether the case be trans- 
ferred to the courts of this Commonwealth or continued in 
those of Rhode Island, shall be the same as if no change of 
jurisdiction had occurred under the decree aforesaid of the 
supreme court of the United States. 

Section 6. The judge of probate of the county of Bristol, ^"B^ri8°oi''eo^'*'^ 
at any time after the first day of March next, shall, on deliver ° tons"- 
application to him made by any person thereto duly author- pipers "L'^^^n" 
ized by the governor of the state of Rhode Island or other- "^ ^- ^■ 
wise by authority of the general assembly thereof, order the 
delivery to such person, of certified copies of all papers or 
documents, and transcripts of all bonds, returns and other 
proceedings in any matters of probate pending before him or 
in the registry of probate of said county, appertaining to the 
settlement or distribution of estates, execution of wills, 
custody of wards or their property, or other probate matter 
in and for that part of the territory "heretofore of the juris- 
diction of this Commonwealth, and which by the aforesaid 
decree of the supreme court of the United States passes to 
that of the state of Rhode Island ; and the said judge of 
probate may in his discretion deliver to such person the 
original of wills or other papers as aforesaid : and all such 
papers and proceedings shall remain on the files of said 
judge of probate or register until removed therefrom on said 
application by authority of the governor of Rhode Island, or 
otherwise by authority of the general assembly of said state. 

Section 7. All matters of probate of wills, trusts, settle- probate matters 
mcnts of estates or other matters of probate resort, depending r T IJc^coCtinl 
on the first day of March next, in the proper courts of probate uedinMasB. 
of the state of Rhode Island, in or for so much of the territory 
heretofore in the jurisdiction of the state of Rhode Island as 
by the aforesaid decree of the supreme court of the United 
States, is on that day to be deemed a part of this Common- 
wealth, may and shall have day and continue and be with 
all due legal cifect in the proper courts of probate of this 
Commonwealtli, as fully as if the same had been originally 
instituted therein ; and in regard to all such matters, 
including orders, notices, sales or other acts whatsoever, the 
said courts of probate of this Commonwealth shall be deemed 



34 1862.— CHArxER 48. 

and held in law to be the continuation and succession of the 
said courts of tlie state of Rhode Island. 
Real estate of de- SECTION 8. All real cstatc left by pcrsous wlio shall havG 
dytng '° before died iutcstatc before the first day of March next, and which 
^nai'^l'slat^e'^Tf ^^^y Hc or be within the limits of the territory, which by the 
rittr^^'ceded'^to ^Gcree of the supreme court aforesaid passes on that day 
Mass., to be set- from thc jurisdictiou of the state of Rhode Island to that of 
of R.T " "'^^ this Commonwealth, and all personal estate of persons dom- 
iciled in said territory, shall be distributed or settled among 
the heirs-at-law, or legal representatives of such intestate, or 
other persons entitled, agreeably to the laws of the state of 
Rhode Island, which laws shall have the same force and effect 
in this Commonwealth in the settling and distributing of 
such intestate estates, as if they were laws of the same duly 
made, and shall be so adjudged by all judges and ministers 
Courts of probate of justicc lu tliis Commou wcaltli. And the proper courts of 
and"TutieT"de- probatc of tliis Commonwealth are hereby fully empowered 
^°^'^- and required to complete the distribution and settlement of 

such intestate estates as aforesaid, which shall yet remain 
unsettled, in the same manner and as fully and effectually 
in all respects as the same could have been by the courts of 
probate of the state of Rhode Island, if the said territory 
had remained within the jurisdiction of the said state. And 
all wills, devises and bequests of property, real or personal, 
made before said first day of March, by any person domiciled 
in said territory at the time of making the same, shall be 
governed by the same rules of la^, and have the same effect, 
in this Commonwealth, and be continued and executed by 
the proper courts thereof, in the same manner as if the said 
territory were and continued to be within the jurisdiction of 
the state of Rhode Island. 
Grants and con- SECTION 9. All grauts aud convcyanccs of lands and 
TawroTV-T.'^to property heretofore made by the lawful authorities of tlie 
be judged valid, colouy or statc of Rhode Island and Providence Plantations, 
or by any commissioner, agent or person by them or either 
of them, lying within the territory heretofore deemed of the 
jurisdiction of the state of Rhode Island, but which by the 
aforesaid decree of the supreme court of the United States, 
is to be deemed of the jurisdiction of this Commonwealth, 
shall be as good, valid and effectual, to all intents and pur- 
poses whatsoever, to the grantees, their heirs and assigns, as 
if the lands and property so granted had really been situated 
in the colony or state by whom or by whose authority the 
same was made ; and shall hereafter be so adjudged and 
construed in all courts of judicature of this Commonwealth. 



1862.— Chapter 48. 35 

Section 10. All valid claims for uncollected taxes and claims for un- 
liens for taxes on estate, real or personal, situated in the ter- suau coqUdu"''^ 
ritory, which, on the first day of March next, by the said 
decree of the supreme court of the United States ceases to be 
subject to the jurisdiction of the state of Rhode Island and 
becomes subject to that of this Commonwealth, which lions 
shall before that day have attached to such estate by the laws 
of Rhode Island, shall continue for the same period of time 
as if no such chanj^e of jurisdiction had occurred ; and such 
taxes may be prosecuted to collection and such lien be 
enforced in this Commonwealth, by the lawful authorities of 
the same, but for the benefit of the corporation or persons, 
originally entitled thereto by the laws of the state of Rhode 
Island. 

Section 11. All grants, deeds, conveyances and evidences Grants, convey- 
whatsoever of title or interest in estate, real or personal, ^"ncL ''"'^ made 
made prior to the first day of March next, of any lands or Pnj^/^aw^f'R' 
other property within the territory heretofore deemed of the i, to be deemed 
jurisdiction of the state of Rhode Island, but by the said ''^' '° ^' 
decree of the supreme court of the United States declared to 
be of that of this Commonwealth, which shall prior to said day 
have been executed and registered according to the laws in 
force there at the time of making the same, shall be adjudged 
and deemed as good, valid and eifectual to all intents and pur- 
poses whatsoever, as if the same had been made, executed 
and recorded within and according to the laws of this Com- 
monwealth ; and copies of all such grants, deeds, convey- 
ances and evidences, attested by the proper officers where the 
same are registered, shall be received as lawful evidence by 
all courts of this Comoionwealth, to the same intent as 
copies of deeds properly executed and recorded in this 
Commonwealth. And all deeds, grants or other instru- Deeds and other 
ments, conveying real or personal estate lying within the i5"ied"for"reooni 
territory described in this section, executed according to the before March i 

•' ' 1 T 1 /> • 1 /> '""y ^^ recorded 

laws 01 Rhode Island and not recorded beiore the said first in Mass. 
day of March, may be recorded in the proper recording office 
of this Commonwealth, notwithstanding the same may not 
be executed in accordance with the laws of the same, and 
shall be of the same force and effect as if executed according 
to the laws of this Commonwealth. 

Section 12. All contracts, in writing or parole, made contracts, deeds, 
before the first day of Marcii next, within that part of the t^me '"onstruo* 
territory theretofore under the jurisdiction of the state of fi"',; ",'. '""' "^ 
Rhode Island, which, in virtue of the said decree of the 
supreme court of the United States, is thereafter to l)e 
deemed a part of this Commonwealth, and all deeds or other 



36 1862.— Chapter 48. 

conveyances of lands or other property situated in said terri- 
tory, and made before said day, shall have the same con- 
struction and effect in law and equity in the courts of this 
Commonwealth, as they would have had in the courts of the 
state of Rhode Island ; and if legal and valid by the laws of 
Rhode Island, such deeds, contracts or conveyances shall not 
subject the grantor or maker thereof to any legal conse- 
quences other than such as he may have been subject to by 
the laws of Rhode Island. 
Riv'ir'"'Kaiiroad SECTION 13. It is hcrcby declared that the right of the 
comp'y, existing Ncwport and Fall River Railroad Company io locate and 
rights confirmed. ^^^^^^ j|.g railroad within the territory, over which the juris- 
diction of the state of Rhode Island shall have been exercised 
prior to the day of the taking effect of said decree of the 
supreme court of the United States, and which, after said 
day, will be subject to the jurisdiction of this Commonwealth, 
shall be and the same is secured to said company, as fully as 
if said right had been originally granted by this Common- 
wealth. And all legal proceedings in regard to the location 
or building of said railroad before commissioners or courts 
under the charter of said company or the amendments 
thereof, or the laws of Rhode Island, may be prosecuted and 
completed in every respect as if the said decree of the supreme 
court of the United States had not been made ; and said 
proceedings may be transferred to the courts of this Com- 
monwealth before final judgment or decree, or after judg- 
ment and decree certified to the same for execution, in the 
same manner and to the same effect as is herein before pro- 
vided for other cases depending in the courts of the state of 
Rhode Island. 
Criminal pro- SECTION 14. All indictmcuts, or other criminal proceed- 
sac^set^g, '"course" i^gs, depending in the courts of this Commonwealth, may 
of, defined. ]jq proceeded in the same as if said decree of the supreme 
court of tlie United States had not been made, provided 
, only that the crime shall have been committed within the 
limits of the Commonwealth, as heretofore defined prior to 
said decree, and also that the criminal party or his recog- 
nizers, or either of them, shall have been within the juris- 
crimes commit- dictiou of tlic Commonwcaltli. And it shall be lawful for 
i%og"*izance of." tlic propcr courts and ministers of justice in this Common- 
wealth to take cognizance of crimes at common law, com- 
mitted before the first day of March next, in the territory 
over which the state of Rhode Island has heretofore exercised 
jurisdiction, but which by virtue of said decree of the supreme 
court is on that day to be deemed a part of this Common- 
wealth, for which crimes the persons committing the same 



1862.— Chapter 48. 37 

shall not have been prosecuted before that day; and said subsei"«nt°f- 
courts may take jurisdiction of all complaints and indictments 
made or found after tliat day against such persons, and the 
same shall be continued and prosecuted in said court to final 
judgment and sentence : provided, such court shall not impose Proviso, 
any greater sentence or penalty for the punishment of crimes 
so committed than, at the time when the crime was com- 
mitted, could have been imposed for the punishment thereof 
by tlie proper courts of the state of Rhode Island. 

Section 15. The commissioner, appointed or to be commissioners 
appointed by the supreme judicial court of this Common- j^courtfofMass! 
wealth, in virtue of the act of the present session, entitled ^""^ ?^- ^- '° "Jr 

. '. . 7.ni inin termine asaesg- 

" An Act m relation to the Town of feeekonk, shall act in mentand appro- 
cooperation with any commissioner appointed by the supreme by'^towiiV s^- 
court of the state of Rhode Island ; and the said commis- ^^^ JuestfoM 
sioners shall conjointly exercise the powers and perform the fj^iefact""*^" 
acts, which by the said act were imposed upon and to be 
performed by the commissioner designated therein ; and they 
shall determine the apportionment and appropriation of the 
taxes assessed by the said town of Seekonk for the year eigh- 
teen hundred and sixty-one, whether collected or uncollected, 
between the inhabitants of said town, who on and after the 
first day of March will continue to be the town of Seekonk 
in this Commonwealth, and those who will become subject 
to the jurisdiction of the state of Rhode Island ; and the 
said commissioners shall conjointly determine all the ques- 
tions, which by the act aforesaid were to have been determined 
by the commissioner therein designated, and any question 
which may arise between the aforesaid inhabitants of said 
town of Seekonk in the execution of the act of this Common- 
wealth, approved April tenth, one thousand eight hundred 
and sixty-one, entitled " An Act in relation to the Rhode 
Island Boundary," which act, as the basis of the assent of 
this Commonwealth to the rendition of the aforesaid decree 
of the supreme court of the United States, is to govern the 
action of said commissioners. And, in case the said com- Disagreement, 

,,,n-ii -iii 1 l»ow determined. 

missioners shall lail to agree on any point, they may choose 
a third commissioner as umpire to determine all questions 
on which they shall have disagreed. And the report of said Report of com- 

p , P .^ 1 i_ J.1 • ^ missioners to be 

commissioners, or oi any two ot them, made, at their elec- unai. 
tion, to the supreme judicial court of this Commonwealth, 
or to the supreme court of the state of Rhode Island, whether 
before or after the first day of March next, and accepted by 
the same, shall be final. And of all the costs and expenses Expenses. 
of said commissioners, one-half part and no more shall 1)C 
defrayed out of the treasury of this Commonwealth, on the 



38 



1862.--CHAPTERS 49, 50. 



certificate of the attorney-general, and the governor shall 
draw his warrant for the same. 

Section 16. This act shall take effect on its passage. 

Approved Fehruanj 28, 1862. 



Chaj). 49. 



Directors, pres- 
ent board of may 
continue until 



An Act in relation to the savings bank located in fall 

RIVER. 

Be it enacted, S,'c., as follows : 

Section 1. The present officers of the Savings Bank, 
in 



a banking corporation located in the town of Fall River, 

next annual eiec- Rhodc Island, which on the first day of March in the year 

one thousand eight hundred and sixty-two, became a part 

of the territory of this Commonwealth, may continue to fill 

their respective offices, until the next annual meeting for 

the election of officers, notwithstanding certain of them may 

be citizens of and residents in the state of Rhode Island : 

present members of the corporation of said bank may 

continue in that capacity, and, while members thereof, be 

eligible to any office thereof, though they may be citizens of 

Proviso. and residents in said state : provided^ that a majority of the 

board of trustees, and all the members of the board of 

investment, shall always be citizens of Massachusetts. 

Corporate title. SECTION 2. Said Saviugs Bank shall hereafter be known 

and called by the name of " The Citizens' Savings Bank." 

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

Approved March 1, 1802. 

An Act in addition to an act making appropriations for the 
mileage and compensation of the officers and members of 
the legislature during the present session thereof, and 

FOR other purposes. 

Be it enacted, §'c., as folloios : 

Section 1. Jhe sums hereinafter mentioned are appro- 
priated, and shall be allowed and paid out of the treasury 
of the Commonwealth, from the ordinary revenue, for the 
purposes specified, to meet the expenses for the compensation 
of the officers and members of the legislature, at the present 
session thereof, and for other purposes, to wit : 

For the compensation of senators, a sum not exceeding 
nine thousand eight hundred and twenty dollars. 

For the compensation of representatives, a sum not exceed- 
ing fifty-seven thousand four hundred and twenty dollars. 

For the compensation of the door-keepers, messengers, 
and pages of the senate and house of representatives, and 
of such watchmen and firemen, as may be employed in the 
state house, a sum not exceeding seven thousand four hun- 
dred and thirteen dollars and fifty cents. 



Chap. 50. 



Appropriations 
autliorized. 



Senators' com- 
pensation. 



Representatives. 



Door-keepers, 
messengers, 
watchmen and 
firemen. 



1862.— CHArTERs 51, 52. 39 

For mileage and compensation of the lieutenant-governor Lieut.-goTemor 
and council, a sum not exceeding ten thousand dollars. ^""^ council. 

For the salaries of the clerks of the senate and house of cierks of senate 
representatives, including the compensation of such assist- ^'''ii»°"«e- 
ants as they may appoint, a sum not exceeding two thousand 
six hundred and sixty-six dollars and sixty-seven cents. 

For the salaries of the chaplains of the senate and house chaplains. 
of representatives, four hundred dollars. 

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

Approved March 1, 1862. 

An Act regulating certain matters of finance. Chat) 51 

Be it enacted, §'c., as follows : 

Section 1. The provisions of the forty-fourth section of oen. stats, chap, 
the fifteenth chapter of the General Statutes, shall apply to appirto office^ 
the state reform school at Westborongh, to the nautical uons"''"*' '"'"'"" 
branch thereof, to the industrial school for girls at Lancas- 
ter, to the board of education, to the state prison, and to all 
other state institutions for which appropriations are made. 

Section 2. This act shall not affect gratuities, and shall acTdefineo"' °^ 
not be held to exempt any of said institutions from any of 
the provisions of said chapter fifteen which are applicable to 
said institutions. 

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

Approved March 1, 1862. 



Chap. 52. 



An Act to continde in force an act to incorporate the 

boston insurance company. 
Be it enacted, Spc, as follows : 

Section 1. The act of the year one thousand eight hun- corporation con- 
dred and twenty-three, incorporating the Boston Insurance iimytatioiT' "oV 
Company, which was continued in force until the eleventh *""'^' 
day of February, in the year one thousand eight hundred 
and sixty-three, by an act passed in the year one thousand 
eight hundred and forty-two, with any acts in amendment 
thereof, or in addition thereto, shall be continued in force 
from and after the said eleventh day of February, in the 
year one thousand eight hundred and sixty-three. 

Section 2. Said company shall have all the powers and JI.^^^J'^/?*;'''^*"'* 
privileges, and no other, and be subject to all the duties, ™° "''"""° 
restrictions and lial)ilities, set forth in the general laws in 
relation to corporations and insurance companies, which 
have been, or may hereafter be enacted, in tiic same manner 
as if the original charter had been granted after the cloven tli 
day of March, in the year one thousand eight hundred and 
thirty-one. Anprocd March 1, l.s(;2. 



restrictions. 



restrictions. 



40 1862.— Chapters 53, 54. 

Chap. 53. -^^ ^^"^ '^^ CONTINUE IN FORCE AN ACT INCORPOUATING THE FRANKLIN 
■^' ' INSURANCE COMPANY. 

Be it enacted, Sfc, as follows : 

Corporation con- SECTION 1. The act of tliG jcar one thousand eight hun- 

Hm"tetion''of''°"* ^^'^^ ^^^^ twentj-threc, incorporating the Franklin Insurance 

time. Company, whicli was continued in force by the act passed 

in the year one thousand eight hundred and forty-two, until 

the tenth day of February, in the year one thousand eight 

hundred and sixty-three, with any acts in amendment thereof 

or in addition thereto, shall be continued and remain in 

force from and after said tenth day of February, in the year 

one thousand eight hundred and sixty-three. 

•riviieges and SECTION 2. Said companv shall have all the powers and 

privileges, and no others, and be subject to all the duties, 

liabilities and restrictions set forth in the general laws in 

relation to corporations and insurance companies, which 

have been or may hereafter be enacted, in the same manner 

as if the original charter liad been granted after the eleventh 

day of March, one thousand eight hundred and thirty-one. 

Approved March 1, 1862. 

Chan 54 "^^ -^^^ ^^ continue in force an act to INCORPORATE THE WASH- 
^' ' INGTON INSURANCE COMPANY. 

Be it enacted, Sfc, as follows : 
Corporation con- SECTION 1. Tho act of tlio year one thousand eight hun- 
lim^^tion ''of dred and twenty-four, to incorporate the " Washington Fire 
*""*• and Marine Insurance Company," which was continued in 

force until the seventh day of February, in the year one 
thousand eight hundred and sixty-four, under the name of 
the Washington Insurance Company, by an act passed in the 
year one thousand eight hundred and forty-three, with any 
acts in amendment thereof, or in addition thereto, shall be 
continued in force from and after the said seventh day of 
February, in the year one thousand eight hundred and sixty- 
four. 
Privileges and SECTION 2. Said compaiw shall havc all the powci's and 

rebtnctions. ... . , ii i-^^ iii -, • 

privileges, and no otliers, and be subject to all tlie duties, 
restrictions and liabilities, set forth in the general laws in 
relation to corporations and insurance companies, which 
have been, or may hereafter be enacted, in the same manner 
as if the original charter had been granted after the eleventh 
day of March, in tlie year one thousand eight hundred and 

thirty-one. Approved March 1, 1862. 



1862. — Chapters 55, 56, 57. 41 

An Act TO CONTINUE IN FORCE AN ACT TO INCORPORATE THE MER- /^J c r 

CANTILE MARINE INSURANCE COMPANY. L/tiap. OO. 

Be it enacted, i^'c, as follows : 

Section 1. The act of the year one thousand eight hun- corporation con- 
dred and twenty-three, incorporating the Mercantile Marine nm"totion'"''*of 
Insurance Company, which was continued in force until.the *''"^- 
eleventh day of February, one thousand eight hundred and 
sixty-three, by an act passed in the year one thousand eight 
hundred and forty-two, with any acts in addition thereto, or 
in amendment thereof, shall be continued and remain in 
force, from and after the said eleventh day of February, one 
thousand eight hundred and sixty-three. 

Section 2. Said company shall have all the powers and Privileges and 
privileges, and no other, and be subject to all the duties, ^«^*"'^"«'>^- 
liabilities and restrictions, set forth in the general laws in 
relation to corporations and insurance companies, which 
have been or may hereafter be enacted, in the same manner 
as if the original charter had been granted after the eleventh 
day of March, in the year one thousand eight hundred and 
thirty-one. Approved March 1, 1862. 

An Act to authorize the town of Williamsburg to take stock Qhnn 55 

IN the NORTHAMPTON AND SHELBURNE FALLS RAILROAD COM- ■» ' 

PANY. 

Be it enacted, ^c, as follows : 

The town of Williamsburg, in the county of Hampshire, May subscribe 
is hereby authorized to subscribe for shares in the capital of °vaiuation*of 
stock of the Northampton and Shelburne Falls Railroad '"''''• 
Company, to an amount not exceeding two per centum on 
the amount of its last valuation, and to pay for the same out 
of the town treasury, and hold the same as town property, 
subject to the disposition of the town for public purposes, in 
like manner as any other property which it may possess : 
provided, the inhabitants of said town, at a legal meeting Proviso, 
called for that purpose, shall vote to subscribe for such 
shares in accordance with the terms of this act. 

Approved March 6, 1862. 

An Act CONCERNING religious SERVICES IN public SCHOOLS. Chau 57 
Be it enacted, §"c., as follows: 

Section 1. The school committee shall require the daily Bibie to be read 
reading of some portion of the Bible, without written note or *,ont"' v.rXn 
oral comment, in the public schools, but they shall require "^^^^ ^'^ *=°'"" 
no scholar to read from any particular version, whose parent 
or guardian shall declare that he has conscientious scruples 
against allowing him to read therefrom, nor shall they ever 

13 



42 1862.— Chapters 58, 59, 60, 61. 

Sectarian school direct aiij school books calculated to favor the tenets of any 
books prohi ited. particular sect of Christians, to be purchased or used in any 

of the public schools. 
^P**'- Section 2. The twenty-seventh section of the thirty-eighth 

chapter of the General Statutes, is hereby repealed. 

Approved March 6, 1862. 

Chat). 58. -^^ ■^'^^ ^^^ "^^^ PROTECTION OF TROUT IN MAPLE SPRING POND, IN 
"' ' THE TOWN OF WAREHAM. 

Be it enacted, §"c., as follows : 
Taking prohibit- SECTION 1. No pcrsou sliall take any trout in Maple Spring 
ber'to'Aprif.'^™' Pond, in the town of Wareham, or in the waters running 
into or flowing therefrom, from the fifteenth day of Septem- 
ber in each year, to the fifteenth day of April in the year 
Permits and con- ucxt cusuing ; uor shall any person take any trout therefrom 
ditions. except by hooks and lines, nor without permission of the 

proprietor or proprietors. 
Penalty for vio- SECTION 2. Any pcrsou offending against the provisions 
of this act, shall forfeit and pay a fine of one dollar for each 
trout taken, to be recovered by prosecution before any trial 
justice in the county of Plymouth. 

Approved March 6, 1862. 

Chap. 59. -^^ ■^^'^ ^^^ '^"^ PROTECTION OF BLACK BASS. 

Be it enacted, Sfc, as follows : 

Taking prohibit- SECTION 1. No pcrsou shall take any black bass in any 
ber toTune^"*""' frcsh watcr Stream or pond, from the first day of December, 
in each year, to the first day of June in the year next ensu- 
ing, or use any other means of taking them than by angling 
with hooks and lines, 
fair"^ ^'"" '''°" Section 2. Any person offending against the provisions 
of this act shall forfeit and pay a fine of one dollar for each 
black bass taken, to be recovered by prosecution before any 
trial justice or police court in the county where the offence 
is committed. Approved March 7, 1862. 

Chap. 60. -A^N Act concerning the hampden east agricultural society. 
Be it enacted, S^'c, asfolloivs: 

Annual fair. Thc Hampdcu East Agricultural Society shall hereafter 

commence its annual fair on the second Tuesday of October, 
in each year. Approved March 7, 1862. 

Chap. 61. An Act in addition to an act making appropriations for 

THE MAINTENANCE OF THE GOVERNMENT DURING THE CURRENT 
YEAR. 

Be it enacted, ^'c, as folloivs : 

Appropriations SECTION 1. Thc sums hereinafter mentioned are appro- 
priated, and shall be allowed and paid out of the treasury of 



1862.— Chapter 61. 43 

the Commonwealth, from the ordinary revenue, for the 
purposes specified, to meet the current expenses of the year 
ending on the thirty-first day of Decemher, eighteen hundred 
and sixty-two, to wit : 

For stationery for the senate, purchased by the clerk of stationery- 
the senate, a sum not exceeding one thousand dollars. 

For stationery for the house of representatives, purchased stationery- 
by the clerk of the house of representatives, a sum not '"'"^®' 
exceeding eighteen hundred dollars. 

For compensation of the private secretary of the governor, aovemors pri- 
a sura not exceeding twelve hundred and eighty-three ^'^'es'^^retary. 
dollars and thirty-four cents. 

For compensation of the messenger to the governor and Messenger, 
council, a sum not exceeding seven hundred and thirty-three 
dollars and thirty-four cents. 

For compensation of the assistant-messenger to the gov- Assistant-mea- 
ernor and council, a sum not exceeding three hundred and ^"^^''' 
thirty-four dollars. 

For the salary of the sergeant-at-arms, eighteen hundred sergeant-at-arms 
and thirty-three dollars and thirty-four cents. 

For the authorized expenses of committees of the legisla- committees' ex- 
ture, a sum not exceeding three hundred dollars. ^^"^^^' 

For the salary of the assistant-librarian and clerk of the ,4n'^'^°^'''^pjg^i 
secretary of the board of education, thirteen hundred and b^oard'education. 
seventy-five dollars ; the same to be paid from the income of 
the school fund. 

For the salary of the attorney-general, twenty-two hundred Attomey-gcnerai 
and sixteen dollars and sixty-seven cents. 

For clerk hire in the office of the attorney-general, a sum cierkhire 
not exceeding nine hundred and sixteen dollars and sixty- 
seven cents. 

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

For the salary of the secretary of the Commonwealth, seoretary of the 
eighteen hundred and thirty-three dollars and thirty-four ^''^"""°""'"'" • 
cents. 

For the salary of the first clerk in the secretary's office, FiHtcierk. 
thirteen hundred and seventy-five dollars. 

For the salary of the second clerk in the secretary's office, second curk. 
twelve hundred and eighty-three dollars and thirty-four 
cents. 

For such additional clerical assistance as the secretary Aiditionai 
may find necessary for the performance of the duties of the °''"''"' 
office, a sum not exceeding thirteen thousand one hundred 
and seventy-five dollars. 



U 1862.— Chapter 61. 

Messenger. Foi' tliG Salary of tliG messengcr in the secretary's office, 

seven hundred and thirty-three dollars and thirty-four 

cents. 
Publication bank For tlic paymcut for the weekly and monthly publication 
^'d monthly!''^^ of bank returns, in accordance with the fifty-seventh chapter 

of the General Statutes, a sum not exceeding five hundred 

dollars. 
Incidental -sec- For incidental expenses of the secretary's office, a sum not 
retaryso ce. exccediug thirty-two huudrcd dollars. 

Treasurer and For tlic Salary of the treasurer and receiver-general, 
receiver-generai. eighteen huudrcd and thirty-thrcc dollars and thirty-four 

cents. 
First clerk. For thc Salary of the first clerk in the treasurer's office, 

thirteen hundred and seventy-five dollars. 
Second clerk. For thc Salary of the second clerk in the treasurer's office, 

eleven hundred dollars. 

For incidental expenses of the treasurer's office, a sum not 

exceeding four hundred and twenty-five dollars. 
Auditor of ac- For the salary of the auditor of accounts, eighteen hundred 

and thirty-three dollars and thirty-four cents. 

For the salary of the clerk of the auditor of accounts, 

thirteen hundred and seventy-five dollars, 
incidentai-au- For incidental expenses of the auditor's office, a sum not 

exceeding three hundred dollars. 

For such additional clerical assistance as the auditor may 

find necessary, a sum not exceeding three thousand and 

fifty dollars. 

Commissioners For compeusatiou of the commissioners on public lands, 
on public lands. ^^^^ clcrk hire, a sum not exceeding three thousand dollars. 
Expenses, con- For Contingent and incidental expenses of said commis- 

tingent and in- . => i i j n • i 

cidentai of com- sioucrs, a sum uot exceeding one thousand dollars ; said 

missioners. gums to bc paid fi'om the moiety of the proceeds of sales, 
which by the resolves of the year eighteen hundred and 
fifty-seven, chapter seventy, is applicable to improvements. 

Binding railroad For binding the annual railroad reports, agreeably to the 
provisions of chapter two hundred and sixty-two of the acts 
of eighteen hundred and fifty-nine, two hundred dollars. 

Clerical assist- For clcrical assistance to committees authorized to send 

ance to commit- „ , , t .1 i i j 

lor 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 members authorized 
by the committees to certify such accounts, 
chie-- justice For thc salary of the chief justice of the superior court, 

superior court. ., ,^ i 1 i j j ii 

three thousand seven hundred dollars. 



counts. 



ditor's office. 



Additional 
clerks. 



tees. 



1 8 G2.— Chapter 61. 45 

For the salaries of nine associate justices of said court, Associates. 
thirty-one thousand five hundred dollars. 

For the salary of the clerk of the supreme judicial court cierks.j. court. 
for the Commonwealth, three thousand dollars. 

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

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

For the salary of the judge of probate and insolvency for jujges of pro- 
the county of Suffolk, three thousand dollars. ^ ytX-in^oit' 

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

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

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

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

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

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

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

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

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

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

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

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

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

For the salary of the register of proV)ate and insolvency Kegistors and a"a- 
for the county of Suffolk, three thousand dollars. eisuuts- 

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 Middlesex. 
for the county of Middlesex, fifteen lumdred 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 Worcester. 
for the county of Worcester, fifteen hundred dollars. 



46 



1862.— Chapter 61. 



Bristol. 

Plymouth. 

Hampden. 

Berkshire. 

Hampshire. 



Exrenseg of 
courts of probate 
and insolvency. 



Att'y-general, 
court expenses. 



Distriot-att'ys. 
Suffolk. 



Assistant. 



Eastern. 
Northern. 



For the salary of the assistant-register for the county of 
Worcester, one thousand dollars. 

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

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

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

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

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

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

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

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

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

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

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

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

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

For certain expenses of the courts of insolvency, author- 
ized by chapter one hundred and eighteen of the General 
Statutes, or similar accounts for the courts of probate and 
insolvency, a sum not exceeding three thousand dollars. 

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

For the salary of the attorney for the county of Suffolk, 
three thousand dollars. 

For the salary of the assistant-attorney for the county of 
Suffolk, one thousand eight hundred dollars. 

For the salary of the district-attorney for the eastern dis- 
trict, one thousand two hundred dollars. 

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



1862.— Chapter 61. 47 

For the salaries of the justices of police courts, thirty-one ^^"^rtT' °^ ^°"''^ 
thousand and three hundred dollars. 

For the salaries of the clerks of police courts, exclusive of cierks. 
clerks elected under chapter 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-attys. 
district, one thousand two hundred dollars. 

For the salary of the district-attorney for the middle dis- Middle. 
trict, one thousand two hundred dollars. 

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

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

For the salary of the district-attorney for the north-western North-westem. 
district, eight hundred and ninety dollars. 

For the salary of the reporter of the decisions of the Repo"-*" of ^e- 

T • 1 1 linn cjsions S. J. Ct. 

supreme judicial court, tliree hundred dollars. 

For printing such number, not exceeding seventy-five f/^°"°^jf^°,^g3^ 
thousand, of the pamphlet edition of the General Acts and 
Resolves of the present year, for distribution in the Com- 
monwealth, a sum not exceeding five thousand dollars. 

For printing two thousand copies of the " blue-book " ^"0!* " ediuoli"*' 
edition of the Acts and Resolves of the present year, with the 
governor's messages and other matters in the usual form, 
but not including the constitution, a sum not exceeding 
two thousand dollars. 

For printing abstracts of the returns of assessors relating Print'g abstracts 
to the assessment of taxes on the shares of corporations and reSg%o^uxes 
deposits in savings institutions, in accordance with the "^^^ corpora- 
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 of 
information, intended for the public, in accordance with the ^^"^^'^ 
provisions of chapter three of the General Statutes, three 
hundred dollars. 

For the purchase by the secretary of the Commonwealth, Binnks for rcRis- 

_,, ,' , "'„.,. , ' • ji -ii- tration of births, 

of blanks for the use of cities and towns, 111 the registration marriiiges aud 
of births, marriages and deaths, a sum not exceeding three '^'"''^'■ 
hundred dollars. 

For fuel and lights for the state house, a sum not exceed- J^^ ^^;;'J;8''"'' 
ing two thousand dollars ; and such sum shall be disbursed 
under the direction of the commission provided in the four- 
teenth chapter of the General Statutes. 



48 1862.— Chapter 61. 



Repairs -and fur- For repairs, improvements and furniture of the state house, 
""'""■ to be disbursed in the manner provided in the fourteenth 

chapter of the General Statutes, a sum not exceeding three 
thousand dollars. 
Contingent ex- For Contingent expenses of the senate and house of repre- 
turer'and^^sun- scutatives, and necessary expenses in and about the state 
dries. house, to be disbursed in the manner provided in the four- 

teenth chapter of the General Statutes, a sum not exceed- 
rroviso. ing one thousand five hundred dollars : provided^ that no 

part of such sum shall be expended for stationery, postage, 
printing, repairs or furniture, or for the purchase of any 
article or thing, or to effect any object, for which an appro- 
priation is otherwise made in this act, or in any act which 
may be subsequently passed. 
Postage, staHon- For postagc, printing and stationery for the governor and 
ecutive*''' depart- couucil, a sum uot cxcccding five hundred dollars. 
Printing and For printing and binding, ordered by the senate or house 
binding, senate gf representatives, or by the concurrent order of the two 

and house. \ . ' •'.,,. , » , . . 

branches, in accordance with the sixteenth of the joint rules 

and orders of the two branches, a sum not exceeding ten 

thousand dollars. 
Calendar of or- - For printing blanks and circulars, and the calendar of 
-^Senate. ^^ ^ ordcrs of the day required for the use of the senate, a sum 

not exceeding four hundred dollars. 
Calendar and For printing blauks and circulars, and the calendar of 
blanks-House, ^^.^jg^g ^f |}jq (jg^y^ f^^. ^\^q ^gg ^f ^\^q housc of representatives, 

a sum not exceeding seven hundred dollars. 
Sheriffs, forward- To thc shcriffs of thc several counties for distributing 
refurns'^"''^ ^""^ blauks aiid making returns of votes, in accordance with the 
one hundred and fifty-seventh chapter of the General Statutes, 
a sum not exceeding eight hundred and sixty-eight dollars. 
Printing and For printing the public series of documents in the last 
documlnts^*''''''' Q^i^-i'ter of the year one thousand eight hundred and sixty- 
two, under the direction of the secretary of the Common- 
wealth, according to the fourth chapter of the General 
Statutes, and for binding the copies to be distributed to the 
towns and cities, a sum not exceeding ten thousand dollars. 
Bank commis- For thc mileage and compensation of the bank commission- 
ers, a sum not exceeding six thousand five hundred dollars. 
Clerk. For the salary of the clerk of the bank commissioners, one 

thousand three hundred and seventy-five dollars. 
Incidental. For tlic incidental expenses of the bank commissioners, a 

sura not exceeding one hundred dollars. 
Insurance com- For the compcusation and expenses of the board of insur- 
missiouers. ^^^^q commissioiicrs, a sum not exceeding three thousand 
seven hundred and fifty dollars. 



1862.— Chapter 61. 49 



For clerical assistance employed by the board of insurance oiencai assist- 
commissioners, agreeably to the provisions of chapter one *"'^^' 
hundred and seventy-eight, of the acts of eighteen hundred 
and sixty, a sum not exceeding one thousand dollars. 

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

For books, stationery, printing, and advertising, ordered stationery.print- 
by the sergeant-at-arms, for the legislature, a sum not irilture!' '*"^ '^^" 
exceeding five hundred 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 librarian. 

For additional assistance in the library, in accordance with Assistants m iib- 
the fifth chapter of the General Statutes, a sum not exceed- ''^''^' 
ing five hundred dollars ; and in accordance with chapter 
three of the resolves of eighteen hundred and sixty-one, a 
sum not exceeding three hundred dollars. 

For the contingent expenses of the council, a sum not council contin- 
exceeding eight 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 dollars. 

For burial of state paupers, two thousand dollars. Burial paupers. 

For the compensation and expenses of the superintendent superintendent 

n ■•• , T'li J- alien passengers. 

01 alien passengers, a sum not exceeding six thousand six 
hundred and fifty dollars. 

For the expenses of coroners' inquests, a sum not exceed- coroners' in- 
ing five hundred dollars. '^"^^'*' 

CHAKITABLE. 

For the current expenses of the several state almshouses, Almshouses, 
and for the hospital at Rainsford Island, the following sums, 
viz. : 

State almshouse at Tewksbury, a sum not exceeding fifty Tewksbury. 
thousand dollars. 

State almshouse at Monson, a sum not exceeding thirty- Monson. 
six thousand dollars. 

State almshouse at Bridgcwater, a sum not exceeding Bndgewater. 
thirty-five thousand dollars ; and for the hospital at Rainsford iiospitai Rains- 
Island, a sum not exceeding twenty thousand dollars. 

For Indians, a sum not exceeding three thousand dollars. Indians. 

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

For the Perkins institution and Massachusetts asylum for Asyium for the 
the blind, in accordance with the resolves of the year eighteen ^'""^' 



50 



1862.— Chapter 61, 



Deaf and dumb 
at Hartford, Ct. 



hundred and fifty-five, chapter sixty-two, twelve thousand 
dollars. 
School for idiots. For the Massachusetts school for idiotic and feeble-minded 
youth, in accordance with the resolves of the year one thou- 
sand eight hundred and fifty-one, chapter forty-four, and of 
the resolves of eighteen hundred and sixty-one, chapter 
twenty-six, nine thousand dollars. 

For the support of patients from Massachusetts, in the 
asylum for the deaf and dumb at Hartford, in the state of 
Connecticut, in accordance with the resolves of the year 
eighteen hundred and twenty-nine, chapter forty-one, and 
the resolves of the year eighteen hundred and forty-seven, 
chapter forty-four, a sum not exceeding eight thousand six 
hundred dollars. 

For the annuities due from the Commonwealth in respect 
to the obligations incurred by the acceptance of the bequests 
of the late Martha Johonnot, a sum not exceeding one thou- 
sand seven hundred and forty dollars. 

For pensions, a sum not exceeding seven hundred dollars. 

To the sinking fund for the redemption of the scrip issued 
to obtain means for building the state almshouses, six thou- 
sand dollars. 

AGRICULTURAL. 

For bounties to agricultural societies, fourteen thousand 
four hundred and fifty-two dollars and sixty-four cents. 

For the salary of the secretary of the board of agriculture, 
eighteen hundred and thirty-three dollars and thirty-four 
cents. 

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

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

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

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

For printing ten thousand copies of the report of the board 
of agriculture, a sum not exceeding six thousand five hun- 
dred dollars. 



Bequests of 
Johonnot. 



Sinking fund, 
almshouses. 



Bounties, agri- 
cultural. 



Secretary board, 
salary. 



Travel, members, 



Travel, postage, 
etc., [of secretary, 



Printing report. 



Adjutant-general For tlic Salary of tlic adjutaut-gcneral, one thousand six 
salary. hundrcd and fifty dollars. 



1862.— Chapter 61. 51 

For the salary of the clerk of the adjutant-general, eleven ^'erk. 
hundred dollars. 

For extra clerk hire, including messenger in the adjutant- Extra cierk. 
general's department, a sum not exceeding five thousand 
dollars. 

For the incidental expenses of the adjutant-general, a sum incidental, 
not exceeding two thousand dollars. 

For the expenses of the departments of the quartermaster- Quartermaster 

1 T , PI 1 -X- n and master ord- 

general and master of ordnance, a sum not exceeding nve nance, 
thousand dollars. 

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

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

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

REFORMATORY AND CORRECTIONAL. 

For the current expenses of the state reform school for Reform school at 
boys, at Westborough, a sum not exceeding thirty-two thou- ^^''^'''°'"°'- 
sand dollars; said sum to be expended solely for the current 
expenses of said institution ; and all other sums received by 
said institution from the towns and cities, for the support of 
boys in said school, shall be paid into the treasury of the 
Commonwealth ; and no moneys appropriated by this act 
shall be expended by the trustees of said school to pay for 
improvements at said institution, and without authority of 
law. 

For the current expenses of the nautical branch of the Nautical branch 
state reform school, a sura not exceeding twenty thousand 
five hundred dollars ; and all sums received by said institu- 
tion from cities and towns, for the support of boys in said 
nautical branch, shall be paid into the treasury of the Com- 
monwealth. 

For the expenses of the arrest of fugitives from justice, a Arrest of fugi- 
sura not exceeding one thousand dollars. 

For the salary of an agent for the relief of discharged Agent discharged 

J. ^ • I i. 1 1 J J 11 couTicta, salary. 

convicts, a sum not exceeding eight hundred dollars. 

For the expenditures of said agent, in accordance with Expenditures of 
the provisions of chapter one hundred and seventy-nine of '*'*'^"'' 
the General Statutes, and of chapter seventy-eight of the 
acts of eighteen hundred and sixty-one, a sum not exceeding 
one thousand dollars. 

For the current expenses of the state industrial school for industrial sohu 
girls, at Lancaster, a sum not exceeding sixteen thousand 
dollars. 



52 



1862. — Chapter G2. 



Inspector of gas- 
meters, salary 
and expenses. 



Emergency fund, 
reappropriation. 



For the salary and expenses of the inspector of gas meters, 
a sum not exceeding three tliousand dollars, in accordance 
with the provisions of chapter one hundred and sixty-eight 
of the acts of eighteen hundred and sixty-one. 

The appropriation made in the twenty-second chapter of 
the acts of the year eighteen hundred and fifty-eight, for the 
emergency fund, is herehy made applicable to, and may be 
iised during the present political year, for the purposes and 
under the provisions and limitations, mentioned in said 
chapter. 

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

Approved March 7, 1862. 



Chap. 62. 



Treasurer and re- 
ceiver-general to 
receive and dis- 
tribute moneys 
remitted by Mas- 
sachusetts volun- 
teers. 



Gen. Statutes, 
chap. 15, sect. 3< 
not to apply. 



Treasurer to 
notify town treas- 
urer of receipt of 
money. 



Town treasurer 
to draw money, 
notify party to 
whom due, pay 
same, and return 



An Act concerning the custody and distribution of funds 

of the massachusetts volunteers. 
Be it enacted, S^c, as folloios : ' 

Section 1. The treasurer and receiver-general is author- 
ized and required to receive and distribute all money which 
shall be remitted to him, for the use of any person in this 
Commonwealth, by any of the Massachusetts volunteers in 
the service of the United States, under the provisions of an 
act of congress, entitled " An Act to provide for allotment 
certificates among the volunteer forces," or under any other 
system which now or hereafter may be duly established by 
law, and to receive and distribute all money which shall be 
remitted to him for the use of any person in said Common- 
wealth by any of said volunteers ; but the provisions of the 
thirtieth section of the fifteenth chapter of the General 
Statutes shall not apply to any money to be received or 
distributed under the provisions of this act ; nor shall such 
money be subject to attachment by trustee process, or 
otherwise. 

Section 2. When the treasurer and receiver-general 
shall receive money under the provisions of this act, for the 
use of any person, he shall forthwith give notice thereof in 
writing to tlie treasurer of the city or town in which such 
person resides, setting forth the amount thereof, the name 
of the volunteer by whom it was remitted, and tiie name of 
the person for whose use it is held ; and every city or town 
treasurer, upon receipt of such notice, shall forthwith draw 
upon the treasurer and receiver-general therefor, give notice 
thereof in writing to the person for whose use it is held, 
and pay the same on demand to the person entitled thereto, 
taking a proper receipt or voucher therefor, and returning 
it to the treasurer and receiver-general. 



1862.— Chapters 63, 64. 53 

Section 3. If any money to be received by any city or Money not caiied 

1 ,1 • • £• ii • i 1 11 , for by party en- 

town treasurer, under tbe provisions ot this act, sliall not titled, to be re- 
bc taken by tbe person entitled thereto as aforesaid, within l^^Z^^J^ ""la 
thirty days after such notice to him, the said treasurer shall ^,'^■^^^,^'^='^^'0;°^ 
return the same to the treasurer and receiver-general, and thereafter. 
the said money shall be held by him until it shall be called 
for by the person entitled thereto ; and when it shall be so 
called for, the recipient thereof shall be entitled to interest 
thereon, at the rate of five per cent, per annum, from the 
time the same shall have been last received by the treasurer 
and receiver-general. 

Section 4. When any volunteer aforesaid shall, under Money received 

- .' . without designa- 

the provisions of this act, remit money without designating tion of benee- 
any person to whose use the same shall be held, it shall be anYi^tere^st ai- 
received by the treasurer and receiver-general, held by him '°"'"^'^- 
subject to the order of said volunteer, and shall draw interest 
at the rate of five per cent, per annum. 

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

Approved March 11, 1862. 
An Act to restrain printing or circulating shop-bills of the QJidj)^ 63. 

SIMILITUDE OF SECURITIES ISSUED BY THE UNITED STATES. ^ 

Be it enacted, Sfc, as follows: 

Whoever engraves, prints, issues, utters or circulates, a imitation of cer- 
shop-bill or advertisement, in similitude, form and appear- ^'t^f or "reasury 
ance like a treasury note, note, certificate, bill of credit or notes prohibited. 
other security, issued by or on behalf of tlie United States, 
on paper similar to paper used for treasury notes, notes, 
certificates, bills of credit, or other securities issued by or 
on behalf of the United States, and Avith vignettes, figures 
or decorations used on treasury notes, notes, certificates, 
bills of credit, or other securities, issued by or on behalf of 
the United States, or having the general appearance of 
treasury notes, notes, certificates, bills of credit, or other 
securities, issued by or on behalf of the United States, shall Penalty. 
be punished by fine not exceeding fifty dollars, or by impris- 
onment in the jail not exceeding ninety days. 

Approved March 11, 1862. 

An Act concerning the harbou-master of the port of boston. Qfiap. 64. 
Be it enacted, Sj-c, as follows: 

Section 1. The harbor-master for the port of Boston Appointment by 
shall hereafter be appointed by the mayor and aldermen of "Im^^^^Btead Tr 
the city of Boston, instead of 'the city council of said city ; r;;;"*^"- """"''" 
and he shall continue to have all the powers, and be subject 
to all the duties, liabilities and obligations, which now 
appertain by law to the said olllice. 



54 1862.— Chapter 65. 

Council may pre- SECTION 2. The citj couiicil of tliG City of Bostoii may 
harbor-m"a8tor.° make and ordain all such ordinances, rules, orders and reg- 
ulations for prescribing the duties, and controlling the action 
of the said liarbor-master, as they shall deem expedient : 
Proviso. provided, sucli ordinances, rules, orders and regulations, 

Duties of captain are uot rcpugiiant to law; and they may, if they shall deem 
adaed'.*"' ™''^^® it expedient, provide by ordinance for adding to the duties 
of the said harbor-master the duties of captain of the harbor 
police, 
^•'peai- Section 3. All acts and parts of acts inconsistent with 

the provisions of this act, are hereby repealed. 
Act vow unless SECTION 4. Tliis act shall take effect as soon as the same 
"""^^ ■ shall be accepted by the city council of the city of Boston. 

Approved March 11, 1862. 

Chap. 65. An Act in relation to the rebuilding and future support op 

"CAMBRIDGE GREAT BRIDGE." 

Be it enacted, &i"c., as folloics : 

Shtonf to'^re'^ Section 1. The city of Cambridge, and the inhabitants 
build. ' of the town of Brighton, are hereby authorized and required 

to rebuild the " great bridge," over Charles River, between 
the city of Cambridge and the town of Brighton, in a sub- 
Dimensions and stantial and proper manner ; the same to be made of the 
™'"''' width of twenty-eight feet, with a draw in the centre thereof, 

at an equal distance from each abutment, of not less than 
thirty-two feet in width, and with the necessary and proper 
Expense. draw-picrs, one above and one below said bridge. The 

expense incurred in such rebuilding of the bridge and piers 
shall be borne by said city of Cambridge and said town of 
Brighton in proportion to the respective valuations of said 
city and town ; but all the additional expense incurred in 
deepening the channel below said bridge, so as to admit of 
placing the draw in the centre of said bridge, shall be borne 
equally by said city and town, 
towus"*^ ""« °f Section 2. The bridge, when it shall have been rebuilt 
as aforesaid, shall be divided by a line along the opening in 
the middle of said draw, at an equal distance from each 
abutment, and said line shall forever be the dividing line 
between Cambridge and Brighton at that point. 
Maintenance and Section 3. So much of Said bridge and draw as shall lie 

repairs by towns, ,, , , „ .,,..,. ,. ", , -ii 

defiue.1. south-westerly oi said dividing line, together with the most 

southerly pier, shall be forever supported, maintained and 
repaired, and the south-westerly half of the draw shall be 
raised by, and at the expense of, said town of Brighton ; and 
so much of said bridge and draw as shall lie north-easterly 
of said dividing line, together with the most northerly pier, 



1862.— Chapter 6G. 55 

shall be forever supported, maintained and repaired, and the 
nortli-easterlj half of the draw shall be raised by, and at the 
expense of said city of Cambridge. 

Section 4. For the purpose of placing the draw of said d^^*p°JJfej"''y ^* 
bridge in the centre of the same, as above provided, said 
city and town are authorized and empowered to deepen the 
channel in said river, so far as may be necessary for that 
purpose. 

Section 5. All acts or parts of acts, inconsistent with Repeal. 
the provisions of this act, are hereby repealed. 

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

Approved March 11, 1862. 
An Act in addition to an act in aid of the families of volun- CJian. 66. 

TEERS, AND FOR OTHER PURPOSES. " -* * 

Be it enacted, S^c, as follows : 

Section 1. Any town or city may raise money by taxa- ^owns may raise 

.. , .'',.„ •' •',, 11 *"'i appropriate 

tion, or otherwise, and, if necessary, apply the same under the mouey. 
direction of its selectmen, or mayor and aldermen, or city 
council, for the aid of the wife, each child, parent, brother 
and sister, of and dependent upon any one of the inhabitants 
of said town or city, who, as a part of the quota of this Com- 
monwealth, has been, or hereafter shall be duly enlisted and 
mustered into the volunteer service of the United States. 

Section 2. Any town or city may raise and apply money May appiy money 
as aforesaid, for the aid of such wife, child, parent, brother reiativeT'of riu- 
and sister of any one of its inhabitants, who had been duly oroVherfuites"'^ 
enlisted and mustered into said volunteer service as a part 
of the quota of any other state, before the passage of this 
act. 

Section 3. Money raised as aforesaid, may be applied as Money raised, ap- 
aforesaid, from and after the time of such enlistment, and p'"^*'"*° 'i«fi°«<^- 
while such inhabitant has been, or shall hereafter be actually 
in said volunteer service ; and all appropriations and cxpen- Appropriations 
ditures heretofore made, or which shall hereafter be made, towns'^'d'eciarea 
by the selectmen, or mayor and aldermen, or city council, of ''*"'^- 
any town or city, for any of the purposes expressed in the 
foregoing sections, for any persons who have been, or are 
now in the said service, notwithstanding any actual or sup- 
posed irregularity in their original enlistment, are hereby 
declared valid. 

Section 4. Of the sums applied as aforesaid, there shall Reimbursoment 

, 11 • 1 1 ^ ii i i i i ^1 ^ to towns autlior- 

be annually rciml)ursca, irom the state treasury, to tlie town izeu. 
or city so applying the same, a sum not exceeding one dollar 
per week for the wife, and one dollar per week for each 
child and parent aforesaid : provided, that the whole sum so rroviso. 



56 1862.— Chapters 07, 68. 

reimbursed, shall not exceed twelve dollars per month, for 
all persons named in this section, dependent upon any such 
inhabitant, at the time he was or shall be duly enlisted and 
mustered into said volunteer service. 
Report of town SECTION 5. On or before the fifth day of January in each 
r^To'^audito^'^df year, there shall be deposited in the office of the auditor of 
and money p^d! ^^^^ Commonwcalth, by cach town and city raising and apply- 
ing money as aforesaid, a full and particular report, setting 
forth the names of the inhabitants of such town or city, for 
the aid of whose families money has been applied as afore- 
said, the names and ages of the several persons for the aid of 
whom money has been applied as aforesaid, the relation such 
persons severally bear to such inhabitants, the sums paid to 
each of such persons, and the time when the same were paid. 
Account to be "And uo reimbursement shall be made from the state treasury 
p'roTeVbrauX ^0 such towu Or city, as provided in section four of this act, 
'o'- until such report has been sworn to by a majority of the 

selectmen of such town, or the mayor and a majority of the 
aldermen of such city, deposited as aforesaid, and carefully 
examined, scrutinized, and approved by said auditor. 
Application of SECTION 6. Tliis act shall not authorize reimbursing 
actdeBned. moncy applied for the aid of any wife, child or parent afore- 
said, of any commissioned officer in said volunteer service, 
nor for the aid of any person dependent upon any volunteers 
from this state, enlisted into regiments of any other state, 
who receive aid from such other state. 
Inconsistent acts SECTION 7. All acts and parts of acts inconsistent with the 
provisions of this act, are hereby repealed. 

Section 8. This act shall take effect upon its passage. 

Approved March 18, 1862. 



repealed. 



Chajj. 67. 



An Act concerning bank bills. 

Be it enacted, ^'c, as follows : 

Section 7, chap. SECTION 1. Tlic opcratlou of the seventh section of the 
pended intT two liundrcd and ninth chapter of the acts of the year 
April 1,1863. eighteen hundred and sixty, is hereby suspended until the 
first day of April, in the year eighteen hundred and sixty- 
three. 

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

Approved March 18, 1862. 

Chan 68 ^^ '^^^ concerning probate courts and courts of insolvency. 

Be it enacted, S^-c, as follows : 
In case of inabii- SECTION 1. When any insolvent debtor, or any assignee 
luend 'iTou'rT of of the cstatc of an insolvent debtor, who is required to make 
insolvency oath q^^Ii bcforc thc judgc, is uiiablc by rcasou of sickness or other 



Chap. 69. 



1862.— Chapters 69, 70. 57 

cause, to attend personally in the court of insolvency, the ^l^^ ou?'°'o"f 
oath may be administered out of court, by the judge or by court. 
any person to whom the judge shall issue his commission for 
that purpose. And the oath of any debtor, taken under the 
provisions of this act, shall have the like effect as if taken at 
the second meeting of his creditors before the judge. 

Section 2. The provisions of this act shall apply to all pe*d^g7a^el '" 
insolvent cases now pending in the courts of insolvency, 
whether the second meetings in said cases have been held or 
not. 

Section 3. The probate courts of the several counties Probate courts to 
shall be courts of record. '^ "' "^'''^■ 

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

Approved March 18, 1862. 

An Act concerning the marlborough and feltonville branch 

railroad company. 
Be it enacted, ^'c, as follows : 

Section 1. The Marlborough and Feltonville Branch May sen fran- 
Railroad Company is hereby authorized to sell and convey burg co°nfpany'. 
to the Fitchburg Railroad Company, its franchise, railroad, 
and other corporate property ; provided, that any contract Proviso, 
of sale shall be ratified by the stockholders of each of said 
companies at meetings legally called for that purpose. 

Section 2. In case a sale shall be effected in accordance sa'e to convey 
with the provisions of this act, the Fitchburg Railroad Com- Itlictionl"''^^^^' 
pany shall have all the powers and privileges, and be subject 
to all the duties, restrictions and liabilities of said Marl- 
borough and Feltonville Railroad Company, excepting the 
debts of said company. 

Section 3. In case of a sale as hereby authorized, the in case of saie, 
Marlborough and Feltonville Branch Railroad Company trco^tuiue'^fo? 
shall continue its corporate existence for the sole purpose of "^"'*''* purposes. 
settling its affairs and paying its debts, and shall continue 
to have all the corporate powers and privileges, and to be 
subject to all the duties, restrictions and liabilities, set forth 
in the sixty-third and sixty-eighth chapters of the General 
Statutes, for the purpose aforesaid. 

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

Approved March 18, 1862. 
An Act to provide for the inspection of soapstone and free- Chap. 70. 

STONE- 

Be it enacted, ^c, as follows. • 

Section one hundred and forty-five of chapter forty-nine oen- stat^utes, 
of tlie General Statutes, is hereby so far amended, that all 4e^ tTnppiy"'' 
of its provisions shall apply to soapstone and freestone. 

Approved March 18, 18G2. 



58 1862.— Chapters 71, 12, 73. 

Chan. 71. -^^ ^^'^ "^^ authorize the raising of money for the erection 
^ ' * OR enlargement of a jail and house of correction in the 

COUNTY of BARNSTABLE. 

Be it enacted^ §-c., as follows : 
County commis- SECTION 1. TliG coiiiity commissioners for the county of 
izer'^to borrow Bariistable, are hereby authorized to borrow, on the credit 
$5,000. Qf ^}jQ county, in addition to the amount of their estimate 

for county expenses, for the present year, a sum not exceed- 
ing five thousand dollars ; the same to be expended by said 
commissioners, or their successors in office, in erecting a 
building, or enlarging the present one, to be used as a jail 
and house of correction in the town of Barnstable. 
for^ as'/'ssm'n't SECTION 2. Thc couuty commissioncrs for said county 
annually, not ex- of Bamstablc may, after the present year, apportion for 
ceeding $2,000. asscssmcut, upou thc inhabitants of said county, such pro- 
portion of the sum aforesaid, not exceeding two thousand 
dollars in any one year, as the said commissioners may 
determine. 

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

Approved March 18, 1862. 

Chap. 72. -A^N^ -A-CT IN relation to agricultural societies. 

Be it enacted, §-c., as follows : 
annuT^'^rhib^ SECTION 1. Thoso agHcultural societies which held their 
Ite°forfeHurTof ^^^^^^^ cxhlbitions subscqucutly to the time specified by law, 
bounty." ""^^ ° in consequence of the national fast, in September last, shall 

nevertheless be entitled to receive their bounty from the 

state. 

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

Approved March 19, 1862. 
Chan. 73. -^ ^^'^ concerning the attaching or mooring of rafts to any 

■* ' ' BRIDGE, PIER OR WHARF, IN THE HARBOR OF BOSTON. 

Be it enacted, §r., as follows : 
Penalty for in- SECTION 1. Evcry pcrsou wlio shall attach or moor any 

fringenient Ion- n . <» i -i • i i i 

ger than ten raft or coUcction of spars, logs, piles, timber or lumber, to 
consent. ^'"*''"' aiiy bridge, pier or wharf, in the harbor of Boston, longer 
than ten hours, without the written consent of the owner 
thereof, shall, for every such offence, forfeit and pay to such 
owner, a sum of not less than twenty-five dollars, and five dol- 
lars for every successive day during which such attachment 
Further liability, or mooHug sliall bc so continued; and shall be further 
liable for all damages to such bridge, pier or wharf, caused 
by such attachment or mooring, or any continuance thereof, 
to bc recovered by an action of tort, 
tecwn^ to"\.bu*c ^J^CTiON 2. Every person who shall attach or moor any 
bridge morothan raft, or collcctiou of spai's, logs, piles, timber or lumber, to 



1862.— Chapters 74, 75, 76. 59 

any public bridge, in the harbor of Boston, for more than ten hours with- 
ten hours, without the permission in writing of the mayor ullyiT""' ^'""^ 
of Boston, shall be liable to a penalty of not less than 
twenty-five dollars, and five dollars for every succeeding 
day during which such attachment or mooring shall be so 
continued ; to be recovered by complaint before the police 
court of the city of Boston. Approved March 19, 1862. 

An Act in relation to stationary engines. Chap. 74. 

Be it enacted, Sfc, as follows : 

Section 1. No stationary engine, propelled by steam or use- wuhin 500 
other motive-power, shall be hereafter erected or put up for hoLf o'i"pubifc 
use in any city or town, within five hundred feet of any uea,'*'u^iJ's'°''u: 
dwelling-house or public building, unless a license therefor censW. 
shall have been first granted in the manner provided in 
chapter eighty-eight of the General Statutes, in respect to 
licenses of steam-engines, furnaces, and boilers ; and such 
license shall be applied for, granted and recorded in manner 
as therein provided. 

Section 2. Any stationary engine hereafter erected, with- Engine erected 
out such license, shall be deemed a common nuisance, and to" be deemed 
the mayor and aldermen, or selectmen, shall have like aMe""*"" """' 
authority to remove the same, as is given to them by section 
forty of said chapter. 

Section 3. This act shall not be in force in any city or Act void uni.-sg 
town until it has been adopted at a legal meeting of the city or'town. ^^ "'^ 
council of the city, or of the inhabitants of the town, called 
for that purpose. 

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

Approved March 20, 1862. 
An Act concerning the people's mutual fire insurance com- Chan. 75. 

PANY, IN WORCESTER. ^' 

Be it enacted, Sfc, as follows : 

Section 1. The provisions of chapter ninety of the acts Provisions of 
of the year one thousand eight hundred and sixty entitled ex^'ind^ to jur 
"An Act in addition to an Act to incorporate the People's '^' ^^''*' 
Mutual Fire Insurance Company, in Worcester," are hereby 
extended to the twentieth day of March, in the year one 
thousand eight hundred and sixty-four. 

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

Approved March 20, 1862, 

An Act prescribing and limiting the fees of commissioners to />7.^j, 7p 
take depositions and acknowledgments in other states. y^iiap- <o. 

Be it enacted, ^c, as follows : 

Commissioners of this Commonwealth resident in other foos for services 

states, appointed under section forty-one of chapter fourteen """""'""*''• 



60 1862.— Chapters 77, 78. 

of the General Statutes, shall be entitled to charge and 
receive for their services, as such commissioners, the follow- 
ing fees and no more, excepting as hereinafter provided, to 
wit : For administering oaths and certifying the same under 
their official seals, one dollar for each ; for taking acknowl- 
edgments of deeds and other instruments and certifying the 
same under their official seals, one dollar for each ; for each 
written page of two hundred and twenty-four words con- 
tained in any deposition or affidavit taken by them, fifty 
cents ; for administering the oath or affirmation to each 
deponent, one dollar ; for authenticating, sealing up and 

other serTices. directing cach deposition, one dollar; for services not herein 
before specified, the same fees as are allowed to justices of 

ProTiso. the peace in this state for the like services : provided, hoiv- 

ever, that if it shall appear to the court, to which the depo- 
sition is returnable, that a higher compensation for the 
taking thereof than fifty cents for each written page of two 
hundred and twenty-four words should be allowed, the court 
shall order such further allowance on account thereof as it 

shall see fit. Approved March 20, 1862. 

Chap. 77. -^^ -^^"^ "^^ ESTABLISH THE SALARY OF THE FIRST CLERK IN THE 
"' ' OFFICE OF THE AUDITOR. 

Be it enacted, ^'c, as follows : 
Salary estab- SECTION 1. Thc Salary of the first clerk in the office of 

the auditor, shall be fifteen hundred dollars per annum, to 
be computed from and after the first day of January, in the 
year eighteen hundred and sixty-two. 

Section 2. All acts and parts of acts inconsistent here- 
with, are hereby repealed. Approved March 20, 1862. 

Chaj). 78. -^^ -^^"^ "^O AUTHORIZE THE TOWN OF ROCKPORT TO TAKE STOCK IN 
THE ROCKPORT RAILROAD COMPANY. 

Be it enacted, Sfc, as follows : 

Ma^j^^^e$25,ooo SECTION 1. Thc towu of Rockport, iu the county of Essex, 
is hereby authorized to subscribe for and hold sliares in the 
capital stock of the Rockport Railroad Company, to the 
amount of twenty-five thousand dollars, in addition to the 

Proviso. amount of such stock now held by said town: provided, the 

inhabitants of said town, at a legal meeting duly called for 
that purpose, shall, by a vote of two-thirds of the legal voters 
present and voting thereon, vote to subscribe for such shares 
in accordance with the terms of this act, to pay for the same 
out of the town treasury, and to hold the same as town 
property, subject to the disposition of the town for public 
purposes, in like manner as any other property which it may 
possess. 



1862.— Chapter 79. 61 

Section 2. The said town of Rockport is hereby authorized Town may raue 
to raise, by loan or tax, any sums of money which shall be """"^y- 
required to pay its subscriptions to said stock and interest 
thereon. 

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

Approved March 22, 1862. 
An Act to incorporate the east boston freight railroad Chap. 79. 

COMPANY. "' 

Be it enacted, Sfc, as follows : 

Section 1. Samuel S. Lewis, George W, Gordon, Brad- corporators. 
ford Durfee, George S. Hale, Ammi C. Lombard, Nathaniel 
Adams, and Seth Bemis, their associates and successors, are Title. 
hereby made a corporation by the name of the East Boston 
Freight Railroad Company, with all the powers and privi- Privileges and 
leges, and subject to all duties, liabilities and restrictions '■^^''■'*="°°^- 
set forth in the sixty-third chapter of the General Statutes. 

Section 2. Said corporation is hereby authorized and May hoid Grand 
empowered to hold by lease or purchase the Grand Junction road and use 
Railroad, or any part thereof, and use and improve the same, *^°'*" 
as it has been located and built, and any tracks connecting 
it with other roads, with all rights, privileges, franchises 
and appurtenances thereto belonging. 

Section 3. Said corporation is hereby authorized to con- M?y connect 
nect said road with wharves and docks in Chelsea and East wimrvTs Tnd 
Boston, with the consent of the owners thereof, under the '^'"'^^' 
direction and approval of the mayor and aldermen of the 
respective cities of Chelsea and Boston. 

Section 4. The capital stock of the company shall be capital and 
twenty-five thousand dollars, with the right to increase the ^''"*^' 
same to two hundred thousand dollars ; and no share shall 
be issued at less than the par value thereof. 

Section 5. Nothing herein contained shall authorize said Authority of act 
corporation to take lands and property without the consent 
of the legal owners thereof, and no right of any other per- 
son or corporation shall be affected by this act, nor shall the 
Grand Junction Railroad and Depot Company be released 
from any contract or rights against the same. 

Section 6. Nothing contained in this act shall be so con- Application to s. 
strued as to permit the corporation herein named to apply pointmJnt°"of"''" 
to the supreme judicial court, to appoint commissioners under aZ'ulfof'o'rhep 
the one hundred and seventeenth section of the sixty-third ^^0^^^/°' '"' 
chapter of the General Statutes, or to use other roads under "* 
the provisions of said chapter. 

Section 7. This act shall take effect upon its passage. 

Approved Afarch 22, 18(!2. 



62 



1862.— Chapters 80, 81. 



Chap. 80. 



Treasurer to re- 
port to legisla- 
ture all scrip is- 
sued under acts 
of 18G1; also scrip 
of U. S. received 
and market 
value. 



Scrip received, 
how held and 
appropriated. 



An Act in addition to an act providing for a sinking fund. 
Be it enacted, ^'c, as follows : 

Section 1. The treasurer and receiver-general shall, on 
the first day of April, in the year eighteen hundred and 
sixty-two, make a report to the legislature, of all scrip or 
certificates of debt issued pursuant to " An Act to provide 
for the maintenance of the Union and the Constitution," 
and the act in addition thereto, passed at the session of the 
legislature in the year eighteen hundred and sixty-one. He 
shall, at the same time, report the amount of all scrip or 
certificates of debt of the tJnited States, or money 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, 
certificates of debt, and money, received under the provi- 
sions of said acts respectively, shall be pledged and held as 
a part of the sinking fund provided for in chapter two hun- 
dred and nine of the acts of the year eighteen hundred and 
sixty-one ; and the principal of the same shall be applied for 
the redemption and payment of the scrip or certificates of 
debt, issued under said last named act, in pursuance of the 
provisions of which the same was received ; and all moneys 
so received shall be invested in the scrip of the United States, 
or in the scrip or certificates of debt of this Commonwealth, 
issued under said acts respectively. 

Section 2. The first section of chapter two hundred and 
nine of the acts of the year eighteen hundred and sixty-one, 
is hereby repealed. 

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

Approved March 22, 1862. 

Chap. 81. An Act authorizing THE sounding OF LOCOMOTIVE whistles. 

Be it enacted, Sj-c, as follows : 

Bell or whistle to SECTION 1. Evcry railroad corporation shall cause a bell 

appro"ching"any of at Icast tliirty-fivc pouuds iu weight, and a steam whistle, 

crossing. ^^ ^^ placcd ou cacli locomotive engine passing upon its 

road ; and such bell shall be rung or such whistle sounded 

at the distance of at least eighty rods from the place where 

the road crosses a turnpike, highway or town way, upon the 

same level therewith ; and in like manner, when the road 

crosses any travelled place over which a sign-board is required 

to be maintained, as provided in section eighty-five of chapter 

sixty-three of the General Statutes : and such bell shall be 

rung, or such whistle sounded, either one or the other, 



Investment of 
moneys. 



Repeal. 



1862.— Chapters 82, 83. 63 

continuously or alternately, until the engine has crossed 
such turnpike, way or travelled place. 

Section 2. The eighty-third section of the sixty-third nepeai and 
chapter of the General Statutes is hereby repealed ; and "■"«°*'"«'°*- 
section eighty-four of said chapter is hereby amended, by 
striking out the words, " while the bell rings." 

Approved March 22, 1862. 

An Act to provide for the payment in coin of the interest Chap. 82. 

AND principal OF MASSACHUSETTS SCRIP OR BONDS. 

Be it enacted, S^'c, as follows : 

Section 1. The interest and principal of all scrip or ah paper hereto- 
bonds of the Commonwealth of Massachusetts, which have issued 
been or may hereafter be issued, shall when due be paid in 
gold or silver coin. 

Section 2. Whenever the interest or principal of any of Treasurer to pro- 
the scrip or bonds of the Commonwealth shall become due, goverS "wm- 
the treasurer and receiver-general shall procure coin for the '^''"'" 
payment of the same, and the governor shall draw his war- 
rant for such sum as may be found necessary to procure 
such coin, to be paid out of any moneys then in the treasury 
of the Commonwealth. 

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

Approved March 22, 1862. 

An Act making appropriations from the income of the sev- Chap. 83. 

ERAL FUNDS THEREIN MENTIONED, AND FOR OTHER PURPOSES. ^ * 

Be it enacted, §'c., as follows : 

Section 1. The sums hereinafter mentioned are appro- ^uffized"""^ 
priated, and shall be allowed and paid out of the income of 
the several funds mentioned herein, to wit : 

Tlie income of the Rogers book fund shall be expended, J^^"^^^^^ 
in accordance with the conditions named by the donor, in of" '""'°" 
conformity with chapter two hundred and fifteen of the acts 
of the year eighteen hundred and fifty-seven. 

The income of the Todd normal school fund shall be paid J^"fj|,°°™^' 
to the treasurer of the board of education, to be applied in iucome."" ' 
such manner as shall be prescribed by said board, in accord- 
ance with chapter thirty-six of the General Statutes. 

The income of the Indian school fund shall be applied J"^^'' j^^''^^^^ 
according to the provisions of chapter thirty-six of the 
General Statutes. 

Section 2. The sums mentioned in this section arc n.ariosuivoraua 
appropriated, and shall be allowed and j)aid out of the fund.'" ^''""^^'''' 
Charles River and Warren Bridges fund, for the year eighteen 
hundred and sixty-two, to wit: 



64 



1862.— Chapter 84. 



Repairs. 



Draw-tenders, 
compensation. 



Horse-keeping. 
Fuel and lights. 
Incidental. 



Essex Bridge, 
toUs. 



Agent's salary. 



Toll-gatherers 
and tenders. 



Repairs, etc. 

Lights. 

Incidental. 



Toll money how 
disposed. 

Surplus of funds 
to be added to 
principal. 



Chap. 84. 



Either party In 
civil cause and 
defendant in 
criminal case 
may challenge 
two. 



Supreme .ludicial 
Court may pre- 
scribe manner of 
exercise. 



For repairs on said bridges and buildings belonging there- 
to, a sum not exceeding fourteen hundred and fifty dollars. 

For the compensation of the draw-tenders on said bridges, 
in conformity with an act of the year eighteen hundred and 
sixty-one, chapter ninety-six, a sum not exceeding twenty- 
three hundred dollars. 

For horse-keeping, a sum not exceeding two hundred and 
fifty dollars. 

For gas, oil, fluid and fuel, a sum not exceeding eight 
hundred dollars. 

For incidental expenses, a sum not exceeding three hun- 
dred dollars. 

Section 3. The sums mentioned in this section are appro- 
priated, and shall be allowed and paid, out of the moneys 
arising from the tolls collected on the Essex Bridge, for the 
year eighteen hundred and sixty-two, to wit : 

For the salary of the agent of said bridge, the sum of one 
hundred dollars. 

For the compensation of the toll-gatherers and draw- 
tenders upon said bridge, a sum not exceeding five hundred 
dollars. 

For the repair and maintenance of said bridge, a sum not 
exceeding two thousand dollars. 

For gas, oil and fluid, a sum not exceeding two hundred 
dollars. 

For incidental expenses, a sum not exceeding twenty-five 
dollars. 

And all moneys arising from the tolls on said bridge shall 
be paid into the state treasury. 

Section 4. In all cases, for which no other provision is 
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 5. This act shall take effect upon its passage. 

Approved March 22, 1862. 

An Act relating to the challenging of jurors in civil and 

criminal causes. 
Be it enacted, Sfc, as follows : 

Section 1. In all cases of trial by jury, in addition to the 
challenges now provided for, either party in a civil cause, 
and the defendant in a criminal cause, shall, before the trial 
commences, be entitled to challenge peremptorily two of the 
jurors from the panel called to try the cause. 

Section 2. The supreme judicial court, by general rules, 
may prescribe the manner in which the right of challenge 
herein prescribed shall be exercised. 

Approved March 22, 1862. 



1862.— Chapters 85, 86, 87. 65 

An Act to provide for the publication and distribution of QJidp^ g5, 

THE GENERAL LAWS AND RESOLVES. ^' 

Be it enacted, §'c., as folloios : 

Section 1. The secretary of the Commonwealth shall secretary to print 

-,.,„ ,1/.! • Oil 1 < 0,000, and trans- 

immediately after the close of each session ot the general mu to cicrks of 

court, cause to be published in a pamphlet form, seventy- '°''°*" 

five thousand copies of the general laws and resolves ; and 

the secretary shall cause the same to be apportioned accord- 

mg to the census, and sent to the clerks of the several cities 

and towns, to be delivered by them to such inhabitants of cierks to deurer 

said cities and towns as shall make application therefor. uponappucatwn. 

Section 2. Section third of chapter three of the General Repeal. 
Statutes is hereby repealed. 

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

Approved March 22, 1862. 
An Act relating to returns received by assessors from cor- Cfi^p^ §6. 

PORATIONS. ^' 

Be it enacted, §'c., as follows : 

Section 1. Whenever the assessors of any city or town Non-resident 
shall receive returns from any corporation, under the pro- notified. " 
visions of chapter sixty-eight of the General Statutes, con- 
cerning the property of any shareholder who has removed 
from such city or town, such assessors shall send a copy of 
such returns to the assessors of the city or town in which 
said shareholder shall then reside, if known to such assess- 
ors, and within this Commonwealth. 

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

Approved March 22, 1862. 
An Act making appropriations for deficiencies in the year Qfiap. 87. 

EIGHTEEN HUNDRED AND SIXTY-ONE AND IN PREVIOUS YEARS, AND ^' 

FOR OTHER PURPOSES. 

Be it enacted, i^c, as follows : 

Section i. The sums hereinafter mentioned are appro- Appropriations 
priated, and shall be allowed and paid out of the treasury *" """^ 
of the Commonwealth, unless otherwise provided for from 
the ordinary revenue, for the purposes specified, to wit : 

For compensation of the appraisers of the Back Bay lands. Appraisers Back 
in accordance with chapter one hundred and eighty-three, ^*y '''"^«- 
section nine, of the acts of eighteen hundred and sixty-one, 
four hundred dollars ; to be paid out of the Back Bay lands 
fund. 

For compensation of the commissioners on public lands commissioners 
for the year eighteen hundred and sixty-one, one hundred p"^'" ''"'*^' 
and seventy-three dollars. 

For repairs on Charles River and Warren Bridges for the ^^^^''^V^Jen 
year eighteen hundred and sixty-one, fourteen hundred and Bridges, "X 

IG ^*'™' *'"■' ^^" 



66 1862.~Chapter 87. 

fifteen dollars and eighty cents ; gas, oil, fluid, and so forth. 



dollars and eightj-seven cents. 

Essex Bridge, re- For rcpairs on Essex Bridge in the year eighteen hundred 

pairs, e c, - ^^^^ sixty, thirty-uiuc dollars and twenty-seven cents ; in the 
year eighteen hundred and sixty-one, thirty dollars and 
ninety-four cents ; gas, oil, and so forth, twenty-one dollars 
and four cents ; the same to be paid from the Essex Bridge 
fund. 

hoSi"^ ^'^""^ ^^^ *^^^ expenses of Rainsford Island hospital for the 
year eighteen hundred and sixty-one, five thousand dollars. 

Tewksbury alms- Yov thc cxpcnscs of the Tcwksbury almshouse for the year 
eighteen hundred and sixty-one, thirteen thousand three 
hundred and thirty-eight dollars and forty-four cents. 

Pest-house at For building a pest-house at Tewksbury almshouse in the 
ew s urj. ^^^^^ eighteen hundred and sixty-one, four hundred and 
sixteen dollars and sixty-seven cents. 

de'^fand^dumb. ^^^' cxpcuses at tlic asylum for the deaf and dumb, in the 
year eighteen hundred and sixty-one, ninety-one dollars and 
sixty cents. 

Coroners' ac- For coroucrs' accouuts in the year eighteen hundred and 

coun 8, . sixty-one, two hundred and fifty dollars. 

Paupers, sup- For the support of state paupers, under chapter ninety- 
four of the acts of eighteen hundred and sixty-one, thirty- 
four dollars and ninety cents. 

Lunatic paupers, For luuatic statc paupcrs for the year eighteen hundred 
and sixty-one, twenty-five thousand one hundred dollars. 

Courts of insoi- For tlic cxpcnscs of courts of insolvency for the year 
eighteen hundred and sixty, eight dollars and fifty cents, 
and for the year eighteen hundred and sixty-one, eight 
hundred dollars. 

Senate, printing, For printing senate blanks and circulars for the year 
eighteen hundred and sixty-one, one hundred and sixteen 
dollars and eighty-two cents. 

New Plymouth For printing New Plymouth Records for the year eighteen 

iu'g,°^'6i'. ^"°'' hundred and sixty-one, three hundred and forty-one dollars 
and seventy-two cents. 

^rifthT'-eo""^ For printing ordered by the sergeant-at-arms for the year 
eighteen hundred and sixty, one hundred and thirty-nine 
dollars and seven cents. 

furT'nci "funis' ^^^ iucidcntals of the board of agriculture for the year 

ure, inci eu.is, gjgjj^ggjj liundrcd and sixty-one, nineteen dollars and fifty- 
nine cents. 

Mtrbiishment of. ^^^^ ^^^^ establishment of town lines under resolves of 
eighteen hundred and sixty-one, chapter ninety, thirty-six 
dollars and thirteen cents. 



port, '61. 

Lu 

'61 

Coi 

Tency, '60-'61. 



1862.— Chapters 88, 89. 67 

For the arrest of fugitives from justice, for the year eight- Fugitives from 
een hundred and sixty, thirty dollars ; for the year eight- •'"*'"■''' **"'''^- 
een hundred and sixty-one, one hundred dollars. 

For incidentals in the treasurer's office for the year eight- Treasurer's office, 
een hundred and sixty-one, two hundred and four dollars "'^ ^"'*'^' '^ " 
and twenty-two cents. 

For compensation of cattle commissioners for the year cattie commis- 
eighteen hundred and sixty-one, forty-three dollars and fifty B°tioa,''Qi^^^'^' 
cents. 

For the preparation of census abstract, agreeably to census abstract, 
resolves of eigliteen hundred and sixty, chapter thirteen, ^e^a'^p'^propdation. 
and acts of eighteen hundred and sixty, chapter two hundred 
and thirteen, the balance of former appropriations not drawn 
is hereby re-appropriated. 

For repairs, improvements and contingent expenses con- patrsand"cout[n- 
nected with the state house, incurred by the sergeant-at- ge"t8, ^ei. 
arms in the year eighteen hundred and sixty-one, nine 
hundred and sixteen dollars and seventy-two cents. 

For the nautical branch of the state reform school, being Nautical branch 
the deficiency for the year eighteen hundred and sixty-one, de^fici?ncy7''ci.'' 
the sum of three thousand five hundred dollars. 

For expenses in the adjutant-general's office, in the year Adjutant-oener- 
eightcen hundred and sixty, the sum of seventeen dollars peLes, m *'"" 
thirty-one cents. 

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

Approved March 22, 1862. 
An Act to repeal an act concerning the equalization op Q/ian. 88. 

SHARES in corporations. -* * 

Be it enacted, §"c., as follows : 

The act entitled " An Act to equalize the Shares in Act of isco re- 
Corporations," approved March thirtieth, in the year eight- ^*''^'^'^' 
een hundred and sixty, is hereby repealed. 

Approved March 22, 18G2. 

An Act for the further security of lands from trespassers. Chai). 81). 
Be it enacted, Sf'c, asfulloivs: 

Whoever wilfully commits a trespass bv entering or pass- Penalty for tr.s- 

,, , -^ , , -11 i.1 1 1 r. pass from A I 111 I 1 

mg over the garden, orchard, mownig-land, or other land of toNovcmiM, i 
another, under tillage, at any time between the first day of 
April and the first day of November, after being forbidden 
so to do by the owner or occupant thereof, or by his author- 
ized agent, shall be punished by fine not exceeding ten dol- 
lars ; and such fine shall be not less than five dollars if the 
offence be committed on tiie Lord's day. 

Approved March 2'), 1802. 



tioner to 
grace. 



68 1862.— Chapters 90, 91, 92. 

Chai) 90 "^^ ^^^ RELATING TO LIBELS FOR DIVORCE. 

Be it enacted, §'c., as foUotvs : 

Libel may be pre- TliG pFOvisions of the ninteeiith section of the one hun- 

justice supreme dred and seventh chapter of the General Statutes, are 

iny^'timer who liercbj cxtcndcd, so that the libel therein required to be 

may act thereon, presented to tlic suprcmc judicial court, in any county, may 

be presented to any justice of said court, in any county, in 

vacation or in term time, and such justice may make any 

order thereon pursuant to said section with the same effect 

as if issued by said court. Approved March 25, 1862. 

ChaV. 91. An Act CONCERNING PROOF OF NOTICE ON PETITIONS TO THE LEGIS- 
"' ' LATURE. 

Be it enacted, §t., as folloios : 
Unavoidable^ SECTION 1. Whcncver it shall appear upon satisfactory 

to^'en^tme^"""!!! cvidencc under oath, that the notice required to be given by 
days ij^g eighth, ninth or tenth sections of the second chapter of 
the General Statutes, was omitted to be given by reason of 
any unavoidable accident, without default on the part of the 
petitioner or applicant, or that the subject-matter of the 
petition or application did not admit of such previous notice, 
as is in such section prescribed, the notice shall be accounted 
sufficient, if given for the period of time therein named, as 
soon as such omission shall have been discovered by the peti- 
tioner or applicant, or within a reasonable time after such 
subject-matter shall have arisen, or become known : provided, 
that such petition or application be presented within thirty 
days after the first day of the assembling of the legislature. 
Section 2. Whenever any petition shall be presented 
required defined, ^j^j-^j^ ^j^g pcriod of thirty days after the assembling of the 
legislature, and it shall appear upon satisfactory proof, that 
all the parties having rights or interests in the subject-matter 
thereof have waived notice, or have received satisfactory 
notice thereof, by writing signed by them, no other or further 
, proof of notice shall be required. 
Proof of pubiica- SECTION 3. The fomi of proof of publication of notice 
*'°°' authorized by the twelfth section of said act shall not be 

construed to exclude any other equally satisfactory evidence 

thereof. Approved March 27, 1862. 

Chap. 92. A^N Act relating to the salaries of the officers of the 
^' ' police court in the city of fall river. 

Be it enacted, ^~c., as follows : 

justiceandcierk. SECTION 1. The judgc of thc poUcc court in the city of 
Fall River shall receive an annual salary of twelve hun- 
dred dollars ; and the clerk of said court shall receive an 
annual salary of six hundred dollars. 



Proof of notice 



1862.— Chapters 93, 94, 95. 69 

Section 2. All acts and parts of acts inconsistent with Repeal, 
this act, are hereby repealed. 

Section 3. This act shall take effect on the first day of 

April next. Approved March 27, 1862. 

An Act concerning the fees of fence-viewers. Chap. 93. 

Be it enacted, §'c., as follows : 

Section 1. The fees prescribed by law for fence-viewers viewers to deter- 
shall be paid by all or by such of the parties in dispute, and S-'fees''o?parties'! 
in such proportions, as shall be determined by a certificate, 
in writing, under the hands of the fence-viewers acting in 
each case. And if any person or persons so required to Neglect to pay 
pay the whole or any portion of said fees shall neglect to ery'of^doubirfee' 
pay the fence-viewers within thirty days after the certificate 
has been delivered, the fence-viewers may recover double 
the amount of the fees due from such delinquent party. 

Section 2. So much of the seventeenth section of the Repeal of section 
twenty-fifth chapter of the General Statutes as is inconsis- Generarsututesf 
tent with this act, is hereby repealed. 

Section 3. Fence-viewers shall hereafter be chosen by Election of 

ballot. Approved March 27, 1862. '"""*"" 



An Act for the protection op trout in nye's pond, in the 

TOWN of sandwich. 



Chap. 94. 

Be it enacted, ^T., as follows : 

Section 1. No person shall take any trout in Nye's season for tawng 
Pond, in Sandwich, or the stream running therefrom to '"""'• 
Jeremy's Creek, so called, from the first day of August in 
each year, to the first day of April in the year next ensuing ; 
nor shall any person take any trout therefrom except by Mode of ashing, 
hook and line ; nor shall any person enter upon the land Restriction. 
bordering upon said pond or stream, at any season of the 
year for the purpose of taking trout, without tiie written 
permission of the proprietors. 

SfXTiON 2. Any person ofTending against the provisions penalty. 
of this act, shall forfeit and pay a fine of one dollar for each 
trout taken, to be recovered by prosecution before any trial 
justice in the county of Barnstable. 

Approved March 27, 1862. 



Chap. 95. 



An Act relative to expenses incurred for banks organized 
under general laws. 

Be it enacted, ^-c, as follows : 

Section 1. Banks organized under general banking laws Rates for regis 
shall be severally required to pay, for numbering, registering ^"""^^ *"■ 
and countersigning bank bills, one cent for each slieet of four 
impressions ; and for making out transfers of stock from the 



70 1862.— Chapters 96, 97. 

other expenses auditoi" to the said banks, twenty cents for each folio. All 
how paid. further expenses to the Commonwealth incurred in the 

auditor's department for business required by law to be per- 
formed therein, pertaining to said banks, shall be paid by 
assessments, j'i'o rata, upon the capital stock of all such 
banks. 
Times of pay- SECTION 2. Payment of the sums required by this act 
'"^°'' shall be made into the treasury of the Commonwealth on the 

first days of April and October annually ; and the amounts 
and items due on said days from the several banks, shall be 
certified to the treasurer by the auditor. 

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

Approved March 27, 18G2. 

Chnn 96 "^^ ^^^ concerning the lease of a pier on warren bridge. 
Be it enacted, ^'c, as follows : 

ModiQcation of Thc draw-tcuder for Warren Bridge is hereby authorized 

house. " to modify, as he shall judge expedient, the terms of the 

lease, dated April tenth, in the year eighteen hundred and 
fifty-seven, by which a portion of the pier on the westerly 

Proviso. side of Warren Bridge was leased for a bathing-house : pro- 

vided, that such modification shall be approved by the 
governor and council. Approved March 27, 1862. 

Chap, 97. ^^ -^^"^ '^'^ UNITE THE HAMPSHIRE AND HAMPDEN RAILROAD CORPO- 
RATION OF THIS COMMONWEALTH, WITH THE NEW HAVEN AND 
NORTHAMPTON COMPANY, OF THE STATE OF CONNECTICUT. 

Be it enacted, §r., as follows: 
Limikition of SECTION 1. The Hampshire and Hampden Railroad Cor- 
*'"**■ poration, existing in Massachusetts, is hereby authorized to 

unite with itself, within two years from the passage of this 
act, the New Haven and Northampton Company, a railroad 
Terms and con- corporatlou cxistiug iu thc state of Connecticut, upon such 
ditions. terms, not inconsistent with the charter of said Hampshire 

and Hampden Railroad Corporation, nor with the laws of 
this Commonwealth, as the directors of said corporations 
may agree, subject however to the approval of three-fourths 
of the stockholders of said Hampshire and Hampden Railroad 
Corporation present and voting thereon, at a legal meeting 
Title. of said corporation called for that purpose. The new corpo- 

ration so formed by the union of said corporations, shall be 
Capital. called the New Haven and Northampton Company, and shall 

have a capital stock not exceeding one million five hundred 
thousand dollars. 
Power..., rights, SECTION 2. Thc corporatioii thus formed shall have all 
restrictions, &c. ^^^^ powcrs, frauchiscs, property and rights which said two 
corporations severally have as railroad corporations at the 



186-2.— Chapters 98, 99. 71 

time when they unite as aforesaid, and shall be subject to 

all the duties, restrictions and liabilities to which at said 

time said corporations may be severally subject : neither of Liabilities. 

said corporations shall by any thing herein contained, be 

released from any liabilities, nor shall the rights of any 

creditor, or any other person or corporation, be affected 

hereby. 

Section 3. One or more of the officers of said new corpo- Residence of 
ration shall be inhabitants of this Commonwealth, and one °*'^'-'"' 
or more of them shall be inhabitants of Connecticut: legal Legal process. 
process may be served on any one of such officers who is an 
inhabitant of this Commonwealth. When an attachment is Attachment, &c. 
made of the stock of any person in said corporation notice 
thereof served on any officer living in this state shall be of 
the same effect as if the attachment was made in accordance 
with the provisions of the General Statutes. 

Section 4. The annual reports made by said corporation Annual reports. 
to the legislature of this Commonwealth shall show the 
amount of expenditure, receipts and profits which belong to 
the parts of its road situate in the different states respec- 
tively ; and said reports shall be approved by two commis- Approval by 
sioners appointed for the purpose of examining the accounts 
of said corporation in these particulars, one by the governor 
of Massachusetts and the other by the governor of Connecti- 
cut. Said commissioners shall be paid for their services by 
said corporation. Approved March 28, 1862. 



commissioners. 



Chap. 98. 



An Act to increase the capital stock of the boston belting 

COMPANY. 

Be it enacted, Sj-c, as follows : 

The Boston Belting Company is hereby authorized to Amount. 
increase its capital stock, by an addition thereto of two 
hundred thousand dollars, which shall be issued in shares vaiue of shares. 
of one hundred dollars each. Approved March 28, 1862. 

An Act to increase the capital stock of tjie boston gas-ligiit /yj q(\ 

COMPANY. ^/KtJ). JJ. 

Be it enacted, Sj'c, as follows : 

The Boston Gas-Light Company is liereby authorized to Amount. 
increase its capital stock, by adding thereto a sum not 
exceeding one million dollars, to be paid in at such times 
and in such amounts as the stockholders may from time to 
time authorize, and to invest the same in such real and investment of 
personal estate as may be necessary and convenient for the **'"*^- 
purposes for which they were incorporated. 

Ajiprovcd Ajiril 1, 18G2. 



72 



1862.~Chapters 100, 101. 



Chat). 100 -^^ -^^"^ '^^ INCORPOHATE THE SAILORS' SNUG HARBOR AND OLD 
-* * man's HOME, IN SALEM. 

Be it enacted, Sj-c, as follows : 

Section 1. Benjamin H. Silsbee, Robert Brookhouse, 
J. W. Peele, John Bertram, William D. Pickman, their asso- 
ciates and successors, are hereby made a corporation by the 
name of the Sailors' Snug Harbor and Old Man's Home, in 
Salem, for the purpose of providing for the support of aged 
destitute men, not otherwise provided for ; 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 ; and for the purpose aforesaid, may take 
and hold real and personal property to an amount not 
exceeding one hundred thousand dollars. 

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

Approved April 1, 1862. 



Corporators. 



Purpose. 



Powers, duties 
&c. 



Chap. 101 



Discount, bonus 
or reward, pub- 
lic officer prohib- 
ited receiving. 



Penalty for offer- 
ing or accepting. 



Certificate of 
compliance with 
preceding sec- 
tions required. 



An Act in relation to purchases made by officers or agents 

OF the state, cities, towns, or public institutions. 
Be it enacted, 8fc., as folloics: 

Section 1. No officer or agent of the state, or of any city, 
town, or public institution, nor any person employed by 
either of them, authorized to procure materials, supplies or 
other articles, either by purchase or contract, or to employ 
service or labor, shall be allowed either directly or indirectly 
for himself, or for any other person, to receive any commis- 
sion, discount, bonus, present or reward from the person or 
persons making such contract, furnishing any such mate- 
rials, supplies, or other articles, or from any person render- 
ing service or labor under such contract. 

Section 2. Any person offending against the provisions 
of the preceding section, or any person who shall give or 
offer any such commission, discount, bonus, present or 
reward, shall be deemed guilty of a misdemeanor, and 
upon conviction shall be punished by a fine of not less 
than ten dollars nor more than five hundred dollars, or 
by fine and imprisonment not exceeding one year, at the 
discretion of the court. 

Section 3. The state auditor, or the auditor of any city, 
town, or public institution, or any person authorized to 
approve demands for the supply of any articles specified 
in the first section of this act, is hereby authorized, before 
approving any such demand, to require the claimant to 
certify under oath, that the whole of the articles for which 
claim is made has been furnished, or that the whole labor 
or service has been performed, and that no commission, 



1862.— Chapters H)2, 103. 73 

discount, bonus, reward or present of any kind has been 
received, or is promised or expected on account of the 
same. 

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

Approved April 1, 15«?-2. 

Ax Act coxcerxisg the attexdaxce of officers cpox courts. /^i^„ i m 
Be U enacterf, i-c, oi foUoics : "' "^ 

Section 1. Xot more than four deputv-sheriflfs shall J^* °°^ ^ 

" ' foar lepacy-sher- 

receive compensation for attendance upon the several ses- i^wMtendcrni 
sious of the civil terms of the superior court, and the terms co'S^ ai^^J^ 
of said court for business both civil and criminal, unless °^^ 
the presiding justice or the district-attornev shall in writing 
require the sheriff to procure the attendance of such addi- 
tional number as may be deemed necessary for the whole 
or any portions of such terms of said court. 

Section 2. Xot more than sis deputy-sheriffs or consta- s^ot 
bles shall receive compensation for attendance upon the "' 
sessions of the criminal terms of the superior court, unless '*'^'^^**- 
the district-attorney shall in writing require the sheriff to 
procure the attendance of such additional number as he 
may deem necessary for the whole or any portion of such 
terms of said court. 

Section 3. Not more than four deputv-sheriffs shall s. j-cook, d^i 

i - . term allowed noc 

receive compensation for attendance upon the civil terms more thin four 
of the supreme judicial court, unless the presiding justice nS^jnsnce re- 
shall in writing require the sheriff to procure the attend- '^'^^ sJ-iinonaL 
auce of such additional number as he may deem necessary 
for the whole or any portion of such terms of said court. 

Section 4:. Xo deputy-sheriff or constable shall be enti- c-'mj^n^tion 

. r . . ^ lumtetl to on* 

tied to compensation for attendance upon the sessions of coa«, md one 
more than one court, nor upon more than one session of ^'""'^ ^^^' 
the same court on the same day. Approved April i, 1562. 

As Act coxcekxixg damages for land takex by kallroad QJkjj) 103 

CORPORATIONS. "' 

Be it enacted, At., as foUows : 

Section 1. Whenever the time for locating or construct- Ex»nrfon of um« 
ing any railroad is extended by statute, all unsettled claims re^fi^S^ «» 
for laud-damages against such railroad corporation shall be 
revived, and the claimants for such damage may make their 
application to the county commissioners, or for a jury, if the 
estimate of the commissioners has been completed and 
returned, at any time within one year from the passage of 
such act. This act shall not include cases in which, ProTiso. 
i: 



7i 1862.— Chapters 104, 105, 106. 

through defect iu the original location of a road already 
constructed, a new location is rendered necessary. 

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

Approved April 1, 1862. 

Chat). lOi -^^ -^^"^ '^^ EXTEND THE TIME FOR THE LOCATION AND CONSTRUC- 
' ' TION OF THE STONEHAM BRANCH RAILROAD. 

Be it enacted, §t., as follows : 

Extension of one SECTION 1. Tlic tiiuc withiu whicli the Stoneham Branch 
^''"' Eailroad Company may locate and construct its road, is 

hereby extended one year beyond the time heretofore 

granted. 

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

Approved April 2, 1862. 

Chap. 105 ^^ -^^"^ ^^ ADDITION TO "AN ACT IN RELATION TO THE TOWN OF 
"" SEEKONK." 

Be it enacted, S)C., as follows : 

conyeyances, ap- SECTION 1. Tlic salcs, conveyanccs, appraisements and 
p^^dTd^for^'Tn remittances of taxes provided for in the sixth section of the 
orisli. «?eplof act, entitled " An Act in relation to the Rhode Island boun- 
certain school arv," approvcd April tenth, in the year eighteen hundred 

property, etc., •' ' . *^^ '^ , i \ ,^ j. . /• o i i 

authorized by Qud sixty-ouc, may be made by the present town of Seekonk, 
seekonk.'°''° "^ cxccpt SO far as regards the appraisement of school property 
of tliose school districts through which the boundary line 
between this Commonwealth and the state of Rhode Island 
as now established passes, and the remittances of such 
appraised values to the tax-payers of such districts, which 
shall remain subject to the provisions of the acts of the 
present session, entitled " An Act in relation to the Town 
of Seekonk," and " An Act for the regulation of suits at 
law affected by the establishment of the boundary line 
between the states of Massachusetts and Rhode Island, and 
for other purposes." 

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

Approved April 2, 1862. 

Chap. 106 -^N Act TO ESTABLISH THE BOUNDARY LINE BETWEEN THE TOWNS 
■^ ' OF HARWICH AND ORLEANS. 

Be it enacted, S^'c., as follows: 
fineo"^''"" ^^' 'The boundary line between the towns of Harwich and 
Orleans is hereby established as follows, to wit : Beginning 
' at a stone monument standing on the bank at the south-east 
corner of the town of Brewster, thence south thirty-two 
degrees and twenty minutes east, to a point in the middle 
of Pleasant Bay where said line intersects a line extending 
west one decree north from a rock standing in the water on 



1862.— Chapter 107. 75 

the most northerly point of Strong Island. Said lines are 
based on lines and angles on and with the true meridian. 

Approved April 4, 1862. 

An Act to establish the police court of charlestown. Chap. 107 
Be it enacted, ^'c, as follows : 

Section 1. A police court is hereby established in the Establishment, 
city of Charlestown under the name of the Police Court of powerslnd'du- 
Charlestown ; and said city shall constitute a judicial dis- ^les of court, 
trict under the jurisdiction of said court. Said court sliall 
have the same jurisdiction, power and authority, shall per- 
form the same duties, and be subject to all the regulations 
provided in the one hundred and sixteenth chapter of the 
General Statutes, and in all general acts which may be 
passed in amendment thereof; and all provisions of law 
relating to civil and criminal proceedings, the taxation of 
costs, the payment of fines, the expenses of court, the 
accounting and settling with the county, city or town treas- 
urers for the money paid into court, and the required 
returns applicable to the several police courts in the Com- 
monwealth, other than the police court of Boston, shall 
apply to the police court of Charlestown hereby established. 

Section 2. The said court shall consist of one standing now constituted, 
justice, two special justices and a clerk ; the justices to be 
appointed, commissioned and qualified pursuant to the con- 
stitution and laws of the Commonwealth. Said clerk shall cierk, duties of. 
perform all the duties now prescribed by the General Stat- 
utes for clerks of 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. 
The said clerk shall be chosen by the city council of Charles- ^^g*'"^'""^ ''°'^ 
town, in convention, and shall hold his office till the next 
annual municipal election, or until a successor is chosen 
and qualified. At the annual municipal election in said 
city, to be held on the second Monday in December, in the 
year eighteen hundred and sixty-two, a clerk shall be chosen 
as provided in chapter one hundred and sixteen, section 
four, of tlie General Statutes, for the remainder of the term 
for which other clerks of police courts are chosen. 

Section 3. The justice of said court shall receive an salaries of justice 
annual salary of twelve hundred dollars, and the clerk an compensation'of 
annual salary of five hundred dollars, to be paid from the '^-'^i^^^- 
treasury of the Commonwealtli. The compensation of the 
special justices for duties performed by them in the al)sence 
of the standing justice, shall be paid by the said standing 
justice as provided by law. 



76 1862.— Chapter 108. 

meS'^^before SECTION 4. All proceediiigs duly commenced before any 
trial justices to tHal justicc 01' justicc of the peace of the county of Middle- 
thereby™'"^ sex, before the second Monday in April, in the year eighteen 

hundred and sixty-two, shall be prosecuted and determined 

as though this act had not been passed. 
Act, when in SECTION 5. Tliis act shall take effect, so far as the 

force. .. ... , ,.„.',.. , 

appomtmg, commissioning and qualifying the justices and 
electing the clerk of the said court are concerned, upon its 
passage, and it shall take full effect upon the second Monday 

in said April. Approved uipril 4, 1862. 

Chat). 108 -^^ ■^^'^ ^^ RELATION TO SEALING WEIGHTS AND MEASURES IN THE 
-' ' CITY OF LAWRENCE. 

Be it enacted, ^'c, as follows: 

Sealer to visit de- SECTION 1. Thc scaler of wcights aud measures for the 

liuquents, adjust .^x • I'li • i 

weights and City 01 Lawrcncc, is autliorized and required to go to the 
measures. houscs, storcs aud shops of all such persons within the said 

city of Lawrence, using weights and measures for the pur- 
pose 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, 
having entered the same with the assent of the occupant 
thereof, to adjust and seal the same or send the same to his 
Double fee ai- office to bc adjustcd and sealed, and shall be entitled to 
receive therefor double the fees provided by law for the 
same service, if they had been brought in to be adjusted 
and sealed, with all the expenses attending the removal of 
the same. 
hT^'^^frvkes'^^of Section 2. If any such person shall refuse to have his 
sealer. measurcs, weights, balances, scales or beams, so tried, adjust- 

ed and sealed, the same not having been tried, adjustcd and 
sealed within one year preceding such refusal, he shall for- 
feit 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. 
Forfeiture for ai- SECTION 3. If auy pcrsou shall alter any measure, weight, 
justment. " '^ balaucc, scalc or beam, after the same shall have 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 sliall 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. 
Mayor and auier- SECTION 4. Tlic iiiayor aiid aldcrmcii of the city of Law- 
warer"""^ ''*™°'* rciicc arc authoi-ized to remove the sealer of weights and 
measures, at any time they may see fit. 



1862.— Chapters 109, 110. 77 

Section 5. This act shall take effect when it shall have Act to be accept- 
beeu accepted by the city council of the city of Lawrence. 

Approved April 4, 1862. 
An Act concerning the issue of commissions to certain civil Chap. 109 

OFFICERS. ' 

Be it enacted, Ifc, as folloios: 

Section 1. Every person hereafter appointed to the office Person appointed 
of justice of the peace, trial justice, notary public, master in delivery ^of com^ 
chancery, commissioner to qualify civil oflicers within this ^'^ly!" ^^ ^'^' 
Commonwealth, or commissioner to perform ministerial acts 
in other states or territories to be made of record in this 
Commonwealth, shall have notice thereof from the secretary 
of the Commonwealth, and before the delivery of his com- 
mission shall pay into said secretary's department the sum of 
five dollars. 

Section 2. If any person, to whom a commission for any to qualify witiun 
of the offices named in the preceding section shall be deliv- "^'^*"^ """"tiis- 
ered, shall not within three months from the date of his 
commission be duly qualified, such commission shall be null 
and void. 

Section 3. Every commissioner appointed to qualify civil commissioners 
officers shall, upon qualifying any officer named in the first tur^'ncerti^acateTo' 
section, fortliwith make a return of such act, with the date *'''='"'^'^''^- 
of qualification, to the secretary of the Commonwealth. 

Section 4. All fees received by the secretary under the Fees to be paid 
provisions of this act, shall be paid quarterly to the treasurer ter?^.'"^" ''"'"'' 
and receiver-general, accompanied by a certificate specifying 
the amount of money received for each of the classes of 
officers herein enumerated. 

Section 5. The first, second and third sections of this sections to bo 
act shall be printed upon all commissions of officers named ^""^ 
in the first section of this act. 

Section (3. This act shall take effiict upon its passage. 

Approved April 7, 1862. 

An Act in addition to an act in relation to banks. Chan 110 

Be it enacted, ^r., as follows : 

Section 1. The provisions of section first chapter first of sect, i, chap, i, 
the acts of tiie year one thousand eight hundred and sixty- fn'^r.wni ist i-vb" 
two, suspending the operation of section fifty-nine of the ^^'^• 
fifty-seventli chapter of tlie General Statutes until tiie first 
day of April, one thousand eight hundred and sixty-two, 
shall continue in force until the first day of Fel)ruary, one 
thousand eight hundred sixty-three. 

Section 2. Tiiis act shall take effi3ct upon its passage. 

Approved April 8, 1802. 



78 1862.— Chapter 111. 

Chap, in 



panies limited 
determiniug 
number of offi 



upon U. S. 



ed to 25,O0U. 



Election of 
cers, when 
lowed. 



tactics and regu- 



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

Number of com- SECTION 1. The iiumber of companies of the volunteer 
militia of this Commonwealth shall not exceed two hundred 
and fifty, and the maximumjiumber of commissioned officers, 
conferred non-commissioncd officers, musicians, farriers, artificers, 
wagoners and privates thereof shall be the same as that now 
or hereafter established by the war department or the con- 
gress of the United States for the different arms of the vol- 
unteer service, to which such companies now or hereafter 

Aggregate limit- shall rcspcctively belong. No new company shall be organ- 
ized, if thereby the whole force will exceed twenty-five 
thousand officers and men. 

Section 2. No election of officers shall be ordered in any 
company hereafter raised, unless at least seventy-five mem- 
bers have been enlisted therein. 

Section 3. The commissioned and non-commissioned 

latioDsfbooks^o'fj officers shall be furnished with such books of instruction in 

andtransferred tactics and army regulations, as the commander-in-chief 
shall deem expedient; which books shall continue to be the 
property of the Commonwealth, and shall be carefully kept 
and delivered by such commissioned and non-commissioned 
officers to their successors. 

Elementary drill SECTION 4. The commandcr of every regiment, battalion, 
and detached company may annually order out the commis- 
sioned and non-commissioned officers under his command, 
for elementary drill, three separate days, between the middle 
of May and the middle of July, instead of two days as now 
provided in the ninety-ninth section of the thirteenth chapter 
of the General Statutes. 

Section 5. Between the first and fifteenth days of May, 

ments, °\auail anuually, thc commander of every regiment, battalion, and 

ions, etc., one dctaclicd compaiiv shall order out each company of his com- 

daymMayand i /• • ^ ,• j -ii j t • i- i i • i 

report of ins^pec; maud lor inspcctioii, drill and disciphne one day; on which 
tion requned. ^^^ ^^^^^ compauy aforcsaid shall be thoroughly inspected by 
such commander, or some field or staff officer of his com- 
mand, by him detailed for such duty ; which inspecting 
officer shall, within ten days after such inspection, make, 
through the proper officers, a full and particular report 
Pay-roll, com- thcrcof to thc adjutaut-gcneral. The commander of every 
^areamurans- sucli compauy sliall, witliin Said ten days, prepare a correct, 
genera^"'"""''' alphabetical pay-roll of his company, containing the names 
of the members thereof, who appeared armed, uniformed and 
equipped, and performed the duties required on said days ; 
and he shall, through the proper officers, transmit the same, 
certified under his oath to be correct and true, to the adju- 



of officers, how 
ordered 



Drill and disci' 
pli 



1862.— Chapter 111. 79 

tant-general. And for such duty the same compensation compensation 
shall be allowed and paid as for a day's duty in camp, as *'"'"'°''- 
provided in said thirteenth chapter. Any commanding Penalty for fan- 
officer of a company who neglects to make out and transmit "oTi."" '^'^^ ^''^' 
the pay-roll of his company, as aforesaid, shall forfeit twen- 
ty-five dollars, and for making out and transmitting a false 
pay-roll, he shall forfeit one hundred dollars, to be prose- 
cuted for by the officer to whom the return should be made. 

Section 6. Each encampment, except as hereinafter pro- Encampment to 
vided, shall continue six days, instead of three, as now days!""" *" 
provided in the one hundred and second section of said 
thirteenth chapter. 

Section 7. Instead of the camp duty aforesaid, the com- commander-in- 
mander-in-chief may, annually, order out said volunteer nate^ ume!^ pre- 
militia, or any part thereof, for inspection, drill and disci- m'^^ ^'*"''^> 
pline, not exceeding six days ; and he may prescribe the 
duties, pay-rolls and returns thereof. 

Section 8. Nothing herein contained shall limit the cadets, number 
number or affect the rank of officers in the two corps of f°ter°'""'' ''*^' 
cadets, attached to the first and second divisions. 

Section 9. The governor, with the advice and consent of Tents, manufac- 
the council, is hereby authorized, after advertising for pro- authorized.' 
posals therefor, to enter into contracts on behalf of the 
Commonwealth, for the manufacture, as soon as may be, of 
a sufficient number of tents to accommodate in the field six 
thousand of said volunteer militia. 

Section 10. All elective officers, who shall hereafter be Elective officers, 
commissioned, shall hold their offices for the term of five missions defied, 
years from the date of their commissions respectively, and no 
longer ; and all elective officers who have heretofore been 
commissioned, shall hold their offices for the term of five 
years from the passage of this act, and no longer. But 
nothing herein contained shall be so construed as to continue 
in office any company officer, except those provided for in 
the first section of this act, nor to render any officer, at the 
expiration of his commission, ineligible to a new election. 

Section 11. The eighty-fifth section of the thirteenth Repeal of statutes 
chapter of the General Statutes, the forty-ninth andonehun- hJi-ewl'th." 
dred and forty-third chapters and the eighteenth section of 
the two hundred and nineteenth chapter of tiie acts of the 
year eighteen hundred and sixty-one, and all other acts and 
parts of acts inconsistent with the provisions of this act, are 
hereby repealed. 

Section 12. This act shall take effect upon its passage. 

Approved April 8, 18G2. 



80 1862.— CHArxER 112. 

Chan. 112 -^^ •^^'^ '^^ amend the seventieth chapter of the general 

-^ * STATUTES CONCERNING RETURNS RY OVERSEERS OF THE POOR. 

Be it enacted^ §'c., as folloivs : 
Number^ ^and^ SECTION 1. TliG boai'd of directoi's for public institu- 
pers to be return- tioiis ill tliG citj of Bostoii, aiid tliG oversecrs of the poor of 
ytarentogsep°^ ^^^^ otlier soveral cities and towns in the Commonwealth, 
*^- shall, on or before the fifteenth day of October in each year, 

prepare and return to the secretary of the Commonwealth 
a statement, under oath, of the number and condition of 
the paupers in such city or town, as they were during the 
year ending on last day of the month preceding ; which 
return shall contain true and correct answers to the follow- 
ing inquiries, namely : 

1. What number of persons have been relieved or sup- 
ported by your town, within and out of the almshouse, 
during the whole or any part of the year ending Septem- 
ber thirtieth ? 

2. What number have received full support in your alms- 
house during the whole or any part of the year ? 

3. What number, including children, have received full 
support out of the almshouse, during the whole or any 
portion of the year ? 

4. How many persons have you aided, or assisted with 
partial support, out of the almshouse ? 

5. What was the number of inmates being fully sup- 
ported in your almshouse September thirtieth. 

6. How many persons were being fully supported out of 
the almshouse ? 

7. How many were receiving i)artial support out of the 
almshouse ? 

8. What has been the average number weekly, during 
the year, supported in the almshouse ? 

9. What number of the inmates of your almshouse were 



unable to perform any labo 

10. How many supported or relieved in your town within 
and out of the almshouse were insane ? 

11. How many insane persons have been supported by 
your town in the state lunatic hospitals ? 

12. How many have been supported in hospitals out of 
the state ? 

13. How many supported or relieved in your town within 
and out of the almshouse were idiots ? 

14. How many idiotic persons have been supported by 
your town in the Massachusetts school for idiotic and feeble- 
minded youth ? 



1862.— Chapter 112. 81 

15. What number of all those supported and relieved 
were made dependent by intemperance in themselves ? 

16. What number by intemperance in those who ought 
to have been their supporters ? 

17. Of the whole number relieved and supported, how 
many had a legal settlement in your town ? 

18. How many were naturalized citizens (of foreign birth ?) 

19. How many were aliens, (not naturalized ?) 

20. How many were born in England and Ireland ? 

2t. How many state paupers have you sent to the state 
almshouses ? 

22. Has your town an almshouse ? 

23. What number of acres of land is attached to your 
almshouse ? 

24. What is the estimated present value of your almshouse 
property ? 

(1.) Value of real estate ? 

(2.) Value of personal property ? 

25. What is the average weekly cost of fully supporting a 
pauper in the almshouse, not including in the estimate of 
said cost, interest on the value of almshouse, or the income 
of the farm ? 

26. What has been the average weekly cost of the full 
support of a pauper out of the almshouse ? 

27. What is the total net amount of expense of support- 
ing and relieving the poor in your town, within and out of 
the almshouse, including interest on the cost of the estab- 
lishment ? 

28. What is the estimated value of the labor performed 
by the poor in your almshouse ? 

29. What number of persons have been provided for 
under section twenty-five, chapter seventy-one, of the General 
Statutes ? 

Section 2. The said directors and overseers shall, at the children under 
same time, prepare and return in manner aforesaid, correct supported/""^ 
statements of all children in such city or town under fourteen 
years of ago who have been fully supported, at the public 
charge, during the whole or any part of the year, specifying 
therein the name, age and sex of each. 

Section 3. The secretary of the Commonwealth shall, in secretary to fur- 
the month of September, annually, furnish the said board of °urusf°™' "^ "*" 
directors and overseers of the poor with blank forms of 
returns which shall contain, in substance, the foregoing 
interrogatories and requirements. 

Section 4. The penalties and proceedings prescribed in p^'naitiesforfaii- 
the twenty-fourth section of chapter seventy of the General ^'^^ orep"""- 

18 



82 1862.— Chapters 113, lU, 115, 116. 

Statutes shall be held to apply in cases of refusal or neglect 
to comply with the requirements of this act. 
itepeai. Section 5. The twenty-third section of said chapter 

seventy is hereby repealed. Approved April 8, 18(J2. 

Chap. 113 -A-N Act to change the name of the first unitarian church 

IN DANVERS. 

Be it enacted, ^'c, as follows : 

The First Unitarian Church in Danvers shall hereafter 
be called and known by the name of the First Unitarian 
Church in South Danvers. Approved April 8, 1862. 

Chan. 114: "^^ ^^^ concerning the probate COURT IN THE COUNTY OF DUKES 
-* * COUNTY. 

Be it enacted, ^'■c, as folloios : 

Time and place of SECTION 1. Probatc courts iu and for the county of Dukes 
sitting esignat- Qq^^jj^^. gj^all bc licld at Edgartowu on the third Mondays 
of January and July, and on the first Mondays of March 
and December ; at Holmes' Hole village in Tisbury, on the 
third Monday of April and the first Monday of September, 
and at West Tisbury, on the first Monday of June and the 
third Monday of October, in each year. 
Repeal. SECTION 2. So much of the one hundred and seventeenth 

chapter of the General Statutes as is inconsistent with this 
act, is hereby repealed. 
Act, when in SECTION 3. Tliis act shall take efiect upon the first day 

force. ^^ July, in the year eighteen hundred and sixty-two. 

Approved April 8, 1862. 

Chap. 115 An Act concerning the removal of actions from the supe- 
rior COURT TO the supreme JUDICIAL COURT. 
Be it enacted, cVc, as follows: 

No removal of any action or petition under the provisions 
of chapter one hundred and fourteen, section eight, of the 
General Statutes, shall be made until the clerk of the 
supreme judicial court shall have been paid the entry fee 

provided by law. Approved April 9, 1862. 

Chap. 116 -^N Act concerning the wives of persons under guardianship 

FOR INSANITY. 

Be it enacted, ^'c, as follows : 
Probate court SECTION 1. The probatc coTU't for the county in which 
™fc^ "out^ of °eT the guardian of an insane person shall have been appointed 
perlon^ for'^sup- Diay makc an allowance out of the estate of such insane 
port of wife. person, for the support of his wife, to bc paid to her by the 

guardian during the continuance of the guardianship, in 

such manner as the court shall direct. 



1862.— Chapters 117, 118, 119. 83 

Section 2. The twenty-sixth section of the one hiin- Repeal of sect 26," 
dred and eighth chapter of the General Statutes, is hereby stututes. ' 
repealed. 

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

Approved April 9, 1862. 

An Act in relation to the east boston wharf company. Chan 117 

Be it enacted, Sfc, as ^^J'^""- • 



The East Boston Wharf Company is hereby authorized to May connect with 

rails of " ' - 
Railroad 



connect its wharves and docks, by railroad, with the rails ™" °^ ^'"''^'■° 



of tlie Eastern Railroad, with the consent of the owners p°°^^f;,7'^„yP; 
thereof, and with the approval of the mayor and aldermen and aidermen. 
of the city of Boston. Approved April 9, 1862. 

An Act relating to the cliftondale railroad company. Cfiat) 118 
Be it enacted, §'c., as follows : 

Section 1. The powers granted by the sixteenth chap- Powers granted 
ter of the acts of the year eighteen hundred and sixty-one, ^^l^^^J^, ^^^' 
to the Cliftondale Railroad Company, for constructing their 
railroad, are hereby renewed and continued in force : /?ro- Proviso. 
vided, the towns therein referred to shall accept said act 
within one year from the passage of this act. 

Section 2. The Cliftondale Railroad Company is hereby May lease Mid.iie- 
autliorized to lease and operate the Middlesex Railroad and i^g rolas!"''"''"' 
such other railroads as connect therewith at points outside 
the city of Boston. 

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

Approved April 9, 1862. 

An Act to incorporate the Bristol county central agricultu- Chap. 119 

ral society. "' 

Be it enacted, §'c., as follows : 

Nathan Durfee, James D. Thompson, Oliver S. Wilbur, corporators. 
Samuel A. Dean, Charles T. Robinson, Robert Adams, and 
William L. Slade, their associates and successors, of tlie 
county of Bristol, are hereby made a corporation under the 
name of the Bristol County Central Agricultural Society, for Name, 
the encouragement of agriculture and the mechanic arts by purpose, 
premiums and other means ; with all the powers and privi- powers and du- 
leges, and subject to all the duties, liabilities and restrictions ''"^' 
set forth in the General Laws of the Commonwealth, respect- 
ing agricultural societies receiving no bounty from the state. 
And said corporation may hold and manage real estate not "^ai estate, 
exceeding in value twenty-five thousands dollars, and per- 
sonal estate not exceeding the same sum in value, for the 
purposes aforesaid: provided, hoivever, said corjwration shall I'^viso. 



84 1862.— Chapters 120, 121. 

not be entitled to receive any bounty from the treasury of 
the Commonwealth. Approved April 14, 1862. 

Chat). 1 20 -^^ ■^^'^ RELATING TO RETURNS OF SAVINGS BANKS. 

Be it enacted, Sfc, as follows: 

Dividends, state- lu addition to the statements required in the annual 

dldared,\nd^av° Tcports of saviugs baulvS, by the one hundred and forty- 

erage annual per eighth scctiou of chapter fifty-seveu of the General Statutes- 
cent, required. o ni. iiiiii i n 

the treasuer of each savuigs bank shall also state, how often 
by the rules of such bank extra dividends are declared, and 

the average annual per cent, of dividends for the 

years ending at the time of, and including the last extra 

dividend. Approved April 14, 1862. 

Chan 121 An Act TO ESTABLISH THE BOUNDARY LINE BETWEEN THE TOWNS 
"' ^ OF HARAVICH AND CHATHAM. 

Be it enacted, S^-c, as folloios : 

Bounds defined. The bouudary liuc between the towns of Harwich and 
Chatham is hereby established as follows : Beginning at a 
stone marked " H " " C," set in the ground, and is the same 
referred to in the perambulation of the line between said 
towns, made in the year eighteen hundred and sixty ; thence 
south into the sea. And from said stone monument north- 
erly to a stone monument on the southerly side of Red River ; 
thence by said river northerly to its source ; thence northerly 
on the dividing line between the land of the heirs of David 
Eldridge and the land of Cynthia Nickerson to a stone 
monument marked " H " " C," set in the ground, on the 
south side of the county road ; thence north nine degrees 
east by compass, to a stone monument marked " H " " C," 
set in the ground on the south side of the " middle road," 
so called ; thence in the same course to a stone monument 
marked " H " " C," set in the ground on the south side of 
the " north county road," so called, and near the dwelling- 
house of the heirs of Mulford Young ; thence easterly by the 
road to a stone monument marked "H" " C," set in the 
ground near the Methodist meeting-house ; thence east thirty 
minutes north by compass to a stone monument marked 
" H " " C," set in the ground opposite the point where the 
eel weir, so called, formerly stood ; thence into " Muddy 
Cove River," and down the middle thereof to the point 
where it empties into " Pleasant Bay ;" thence north thirty- 
eight degrees and twenty minutes east (by meridian) to a 
point in said " Pleasant Bay " where the line between 
Chatham and -Orleans and the line between Harwich and 
Orleans intersect, at the north-westerly corner of the town of 
Chatham. Approved April 14, 1862. 



1862.— Chapters 122, 123, 124, 125. 85 

An Act to establish the boundary line between the towns of Chap. 122 

CHATHAM AND ORLEANS. 

Be it enacted, ^'c, as foUoivs : 

The boundary line between the towns of Chatham and s°'^'''^<^«fi°«^- 
Orleans is hereby established as follows : Beginning at a rock 
standing in the water on the most northerly point of Strong 
Island, marked " C " on the south side, and " " on the 
north side ; thence south about seventy-two degrees east by 
compass^ to a stone monument marked " C " on the south 
side, and " " on the north side, standing on the meadow 
near the beach ; thence in the same direction across the beach 
to the sea ; and from said rock standing on the most north- 
erly point of said Strong Island, running west one degree 
north, (with the true meridian,) to a point in the middle of 
" Pleasant Bay " where said line intersects a line extending 
south thirty-two degrees and twenty minutes east, (with the 
true meridian) from a stone monument standing on the bank 
at the south-east corner of the town of Brewster. 

Approved April 14, 1862. 

An Act concerning private railroad crossings. Chat). 123 

Be it enacted, ^'c, as follows : 

Section 1. Whoever enters upon or crosses a railroad. Penalty for ne^- 
at any private way which is closed by gates or bars, and or''bars!°^*'^*"'* 
neglects to securely close them, shall forfeit for every such 
offence a sum not less than two, nor more than ten dollars, 
and shall be liable for any damage that may be sustained 
therefrom. 

Section 2. The penalty provided in this act may be now recovered, 
recovered on complaint before a justice of the peace. . 

Approved April 19, 1862. 



An Act to extend the time for the location and construc- 
tion OF THE AGRICULTURAL BRANCH RAILROAD. 



Chap.U^ 

Be it enacted, ^'c, as follows: 

The time for the location and construction of the Agri- Three years from 
cultural Branch Raih'oad is hereby extended three years ''"'^ ' ^ ' 
from the first day of July next. Approved April 19, 1862. 

An Act to incorporate the john iiancock mutual life insur- Chap. 125 

ANCE COMPANY. "' " 

Be it enacted, ^-c, as follows : 

Nathaniel Harris, James P. Thorndike, Gerry W. Coch- corporators. 
rane, their associates and successors, are hereby made a 
corporation by the name of the John Iiancock Mutual Life Name. 
Insurance Company, to be established and located in tlic city 
of Boston, for the purpose of making insurance upon lives ; 



86 1862.— Chapters 126, 127. 

Powers and du- witli all tliG powGrs and privileges, and subject to the duties, 
liabilities and restrictions §et forth in so much of the fifty- 
eighth chapter of the General Statutes as relates to mutual 
life insurance companies, and all other acts which are or 
may be in force relative to such companies. 

Approved April 21, 18G2. 

Chan. 126 ^^ -^^^ '^^ kxtend the time for locating and constructing 

■^ * THE MIDLAND RAILROAD. 

Be it enacted, ^-c, as follows : 
Extension two SECTION 1. The time within which the Midland Railroad 
years. Companj maj complete the construction of that portion of 

its road described in the second section of the one hundred 
and ninety-fourth chapter of the acts of the year eighteen 
hundred and forty-nine, being an " Act to incorporate the 
Southbridge and Blackstone Railroad Company," is hereby 
Proviso. extended two years : provided, that all persons wbose lands 

or other property have been taken for the purposes of this 
road shall be allowed one year after the entire road is com- 
pleted and opened for use, within which to apply to the 
county commissioners to estimate their damages, notwith- 
standing that the time for making such applications may 
have expired under existing or previous provisions of law. 
Section 2. This act shall take effect upon its passage. 

Approved April 21, 1862. 

Chat) 127 ^^ ^^^ RELATING TO THE CLASSIFICATION OF PRISONERS IN HOUSES 
-^ ' ^ OF CORRECTION. 

Be it enacted, ^-c, as follows : 
|h.eriffs may cias- SECTION 1. If thcrc are scvcral houses of correction in 
revi'sion"ofcounty 2b couuty, thc scntcncc of prisoucrs shall be to either house 
comiuissioners. ^f corrcctiou therein, and the sheriff may classify the con- 
victs and place them in either house ; such classification 
being subject to the revision of the county commissioners 
at their next subsequent meeting. 
Accommod.ations SECTION 2. In the assignment of cells to prisoners in 
quired!'''^'"" ^^' ^uy housc of correction, due regard shall be had to the 
accommodation of those who are able and desirous to read ; 
and from the first day of October to the first day of April 
annually, such provision of light shall be made for all such 
prisoners confined to labor during the day, as shall enable 
them to read for at least one hour each evening. 
Repeal. SECTION 3. Thc cightli section of the one hundred and 

seventy-eighth chapter of tlie General Statutes is hereby 
repealed. Approved April 21, 1862. 



1862.— Chapters 128, 129, 130. 87 

Ax Act to extend the time for locating and constructing Chap. 128 

THE NEW YORK AND BOSTON RAILROAD. ^' 

Be it enacted, §r., as follows : 

Section 1. The time within which the New York and ^g^*^^""'""* '"° 
Boston Railroad Company may complete the location and 
construction of so much of its road as is described in the 
first section of the four hundredth chapter of the acts of the 
year eighteen hundred and fifty-five, being an " Act to 
authorize, the Charles River Railroad Company further to 
extend their line," is hereby extended two years. 

Section 2. All persons whose lands or other property d,amT''e°'aiio°we.i 
have been taken for the purposes of tliis road, shall be allowed one year to app'iy 
one year after the entire road is completed and opened for ^""^ ^s''™****- 
use, within which to apply to the county commissioners to 
estimate their damages, notwithstanding that the time for 
making such applications may have expired under existing 
or previous provisions of law. 

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

Approved April 21, 1862. 

An Act to incorporate the dedham historical society. Chan 1*^9 
Be it enacted, ^-c, as follows : 

Alvan Lamson, Danforth P. Wight, Jonathan H. Cobb, corporators. 
Calvin Guild, Henry 0. Hildreth, Henry W. Richards, and 
Erastus Worthington, their associates and successors, are 
hereby made a corporation by the name of the " Dedham Name. 
Historical Society," for the purpose of collecting and pre- Purpose, 
serving such books, newspapers, records, pamphlets and 
traditions, as may tend to illustrate and perpetuate the his- 
tory of New England, and especially the history of the town 
of Dedham ; with all the powers and privileges, and subject Powers and du- 
to all the liabilities contained in the sixty-eighth chapter of *"'^' 
the General Statutes of this Commonwealth : and, for the Reai and person- 
purposes aforesaid, they may hold real and personal estate *'^^'^'''*^- 
to an amount not exceeding five thousand dollars. 

Approved April 23, 1862. 
An Act in relation to checks upon hanks, and to certain or- Chap. 130 

DERS AND DRAFTS. ' 

Be it enacted, Sfc, as follows : 

Section 1. No days of grace shall be allowed upon any f^J^^"" "p°'' 
check drawn upon a bank. 

Section 2. Orders and drafts for money, payable within orders and drafts 
this state, in which no time of payment is expressed, shall p"^"'"''' "'"s'^'- 
be deemed to ))e payable on demand. 

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

Approved April 23, 1802. 



88 



1862.— Chapters 131, 132. 



ceedings upon 
application. 



Chnn 1 SI "^^ -^^^ CONCERNING INJUNCTIONS. 

■^' Be it enacted, §-c., as follows: 

Discretion of jus- SECTION 1. In casG of application by any public officer or 
determini' pro-*" officcrs to aiiy justicc of the Supreme Judicial Court for an 
injunction against any corporation, it shall be discretionary 
with said justice either to issue said injunction forthwith, or 
to give previous notice to the corporation and to cause a 
hearing to be had on complaint and answer, or otherwise as 
in ordinary proceedings in equity, before determining 
whether an injunction shall be issued. 

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

Approved April 23, 1862. 

Char) 132 -^^ ^^"^ '^^ amend the act establishing the polls and estates 
"' OF the several cities and towns of the commonwealth op 

MASSACHUSETTS. 

Be it enacted, ^c, as follows : 

Section 1. The act establishing the polls and estates of 
the several cities and towns of the Commonwealth, approved 
March twenty-eighth, one thousand eight hundred and sixty- 
one, is amended in the schedule of the county of Bristol as 
follows : 

So much of said schedule as relates to the town of Paw- 
tucket, is repealed. 

So much of said schedule as relates to the city of Fall 
River, is amended so as to stand : 



Act of 1861 
amended. 





PoUs. 


Property. 


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


Fall River, 


4,118 


$12,823,746 00 


$14 22 


So much of said schedule as relates to the town of Seekonk, 
is amended so as to stand : 




Polls. 


Property. 


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


Seekonk, .... 


241 


$467,511 00 


$0 56 



County of Bris- And the footiugs of the schedule of said county is amended 
so as to stand : 



I 22,065 I $65,295,826 00 | $72 95 

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

Approved April 23, 1862. 



1862.— Chapters 133, 134, 135. 89 

An Act to establish the boundary line between the towns of nhf,^^ 1 QQ 

EDGARTOWN AND TISUURY. O/tap. lOO 

Be it enacted, §•<?., as follows : 

The boundary line between the towns of Edgartown and bounds defined. 
Tisbury is hereby established as follows : Beginning at the 
harbor of Holmes' Hole, and running by the middle of the 
canal, through the beach, and by the channel up Lagoon 
Pond to a large stone placed at the " stepping stones," so 
called ; thence north, thirty-five degrees fifty-two minutes 
thirty seconds west, five hundred and fourteen rods, to a 
point fifty-two rods south, eight degrees forty-five minutes 
east, from Tashmo Spring ; thence south, eight degrees forty- 
five minutes east, thirteen hundred and sixty-two rods, to a 
point on the north side of the mill road ; thence south, two 
degrees thirty minutes east, seven hundred and eighty-eight 
rods, to a stone monument on Watcha Neck ; thence on the 
same course to the sea. Said lines are based upon lines and 
angles on and with the true meridian. 

Approved April 23, 1862. 



Chap. 134 



An Act to establish the standard weight of timothy or 

herds-grass seed. 
Be it enacted, §r,, as follows : 

Section 1. The standard weight of timothy or herds- Forty-eve pounds 
grass seed shall be forty-five pounds per bushel ; and all ^" 
contracts for the sale and delivery of herds-grass seed shall 
be made by this standard. 

Section 2. Whoever violates the provisions of the first Penalty for yioia- 
section of tliis act, shall forfeit and pay a sum not exceeding *'*""■ 
twenty dollars for every such offence. 

Section 3. This act shall take effect upon the first day Act, when in 

of June next. Approved April 23, 1862. ^""'*' 

An Act concerning railroad returns and reports. Chan. 135 

Be it enacted, &,•€., as follotvs : 

Section 1. So much of the one hundred and thirty-sec- Requirement for 
ond section of the sixty-third chapter of the General Statutes, SntedcopLi^- 
as requires the directors of railroad corporations to transmit p^''='*- 
to the secretary of the Commonwealth one thousand printed 
copies of their annual reports, is hereby repealed. 

Section 2. The secretary shall cause the reports of the secretary to 
several railroad corporations transmitted to liim, to be printed hula\u^'auji%B- 
in a uniform manner, with an abstract of the same ; and he t"'^"''""- 
shall cause in addition, such a number as he shall deem 
expedient, to be bound in a substantial volume, one copy of 
which shall be furnished to each member of the legislature 
I'j 



90 



1862.— Chapter 136. 



for the time being, and to each railroad corporation applying 
for the same. 
Each corporation SECTION 3. Each railroad corporation required to make 
returns, shall pay annually into the treasury of the Common- 
wealth the sum of ten dollars, which money shall be appro- 
priated to the payment of the expenses incurred in the 
printing and binding of the reports as aforesaid. 

Approved April 25, 1862. 



to pay treasurer, 
annually, ten 
dollars. 



ChaiJ. 136 

Corporators. 



Powers and du- 
ties. 



Location and 
construction au- 
thorized, and 
route defined, 



Capital : limita- 
tion of shares. 



Limitations of 
time for filing 
location and con- 
structing. 



Disposition of 
franchise autho- 
rized. 



An Act to establish the wrentham branch railroad. 

Be it enacted, ^'c, as follows : 

Section 1. W. Fox Richardson, Daniel A. Cook, Arte- 
mas Aldrich, Thomas Proctor, Hervey E. Clap, 0. S. Sanford, 
their associates and successors, are hereby made a corporation, 
by the name of the Wrentham Branch Railroad Corporation, 
with all the powers and privileges, and subject to all the 
duties, liabilities and restrictions, set forth in the sixty-third 
and sixty-eighth chapters of the General Statutes, and all 
other general laws which have been or shall hereafter be 
passed, relative to railroad corporations. 

Section 2. Said corporation is hereby authorized and 
empowered to locate, construct and maintain a railroad 
with one or more tracks from some convenient point in or 
near the Plainville village in Wrentham, through or near 
the central village in said Wrentham to some convenient 
point on the Norfolk County Railroad, or Midland Railroad, 
and to enter with its railroad, by proper turnouts and 
switches, upon the Norfolk County Railroad, or Midland 
Railroad at the point aforesaid, and to use the same, or any 
part thereof, according to the provisions of law. 

Section 3. The capital stock of said corporation shall 
not exceed five hundred and fifty shares, the number of 
which shall be determined from time to time by the directors 
of said corporation ; and no assessment shall be laid thereon 
of a greater amount in the whole, than one hundred dollars 
on each share ; and the said corporation may purchase and 
hold such real estate as may be necessary for the purposes 
of its incorporation. 

Section 4. If the location of this road be not filed 
within two years, and if said railroad be not constructed 
within three years from the passage of this act, then this 
act shall be void. 

Section 5. Said corporation is hereby authorized to 
dispose of its franchise, with all its rights under this act, to 
the Norfolk County Railroad Company, or to the Midland 
Railroad Company, on such terms as shall be agreed upon 



1862.— Chapters 137, 138. 91 

by said corporations respectively ; and if said TVreiitham in cas^e of trana- 
Brancli Railroad Corporation shall thus transfer its fran- clpuarautho- 
chise and riglits to the Norfolk County Railroad Company, "'*^'^- 
or to the Midland Railroad Company, the corporation 
purchasing such franchise is hereby authorized to increase 
its capital stock by the sum of fifty-five thousand dollars. 
Section 6. This act shall take effect upon its passage. 

• Approved April 25, 18G2. 

An Act relating to fees received and accounts rendered by Qfian. 137 

REGISTERS OF INSOLVENCY. "' 

Be it enacted, ^'c, as follows: 

The register of the court of insolvency in each county, casudoekeuobe 
shall keep a cash docket of all cases in court, which shall at and audued by 
all reasonable times be open to the inspection of the public; ■'"''^^' 
and the judge shall audit the register's quarterly accounts, 
and direct what sums shall be paid over to the treasurer of 
the Commonwealth. • Approved Aj>ril 25, 1862. 

An Act in addition to an act concerning contagious diseases Chap. 138 

AMONG cattle. 

Be it enacted, §'c., as folloios : 

Section 1. The commissioners on contagious diseases ^°'°"J''u°°*tgg 
among cattle are hereby authorized to examine under oath, timony under 
in the several cities and towns of this Commonwealth, all °* 
persons possessing, or believed to possess knowledge of any 
material facts concerning the existence, or dissemination, or 
danger of dissemination of diseases among cattle : and for 
this purpose shall have and exercise all the powers vested in 
justices of the peace to take depositions, and to compel the 
attendance and the testifying of witnesses, by the one hun- 
dred and thirty-first chapter of the General Statutes, and 
any other laws concerning the taking of depositions. And ^°i^',^/"^ ^''■ 
all costs and expenses incurred in procuring the attendance towed".' 
of such witnesses shall be allowed and paid to the said com- 
missioners from the treasury of the Commonwealth, upon 
the same being certified to the governor and council, and 
approved by him. And the governor is hereby autliorized 
to draw his warrant therefor upon the treasury, the same to 
be paid out of any appropriation lawfully applicable to tliat 
purpose. 

Section 2. Whenever cattle exposed to contagious dis- siauRhtemi cat- 

k-ii T , 1 /> ,1 • • 1 tie niuv besold by 

illcd by order oi the commissioners, and upon a direction or com- 
post mortem examination shall be found to have been entirely proccodrappHed 
free from disease, it shall be the duty of the commissioners ^^,J"^"""" °^ 
to cause the same to be sold under their direction, first 
giving to the purchaser notice of the fact ; and if the said 



92 1862.— Chapters 139, 140. 

purchaser or any other person shall sell said slaughtered 
cattle, or any part thereof, they shall in like manner give 
notice to the parties to whom the same is sold, and the 
proceeds of the sales made by order of the commissioners shall 
be applied in payment of the appraised value of said cattle. 
Commissioners to SECTION 3. Cattle commissioucrs now or hereafter ap- 
Ibstrac^tT/to^be pointed, shall keep a full record of their doings, and report 
printed. ^[^q sauic to thc Icgiskture on or before the tenth day of 

January in each year, unless sooner required by the gov- 
ernor ; and an abstract of the same shall be printed in the 
annual report of the state board of agriculture. 
Penalty foryioia- SECTION 4. Whocvcr violatcs aiiy of the provisions of this 
act shall forfeit and pay a fine not exceeding one hundred 
dollars and the costs of prosecution. 

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

Approved April 25, 1862. 



Chap. 139 



An Act concehning guardiaks and wards. 
Be it enacted, Sfc, as follows: 
Guardian may SECTION 1. Whcu a pcrsou luidcr guardiauship removes 
non-resident" out of this stato, or resides out of this state and has a 
feTp^eeds!^"^' guardiau appointed within this state, his guardian may sell 
the real estate of his ward and pay over the whole or any 
part of the proceeds, and may pay over and transfer the 
whole or any part of his personal estate to any guardian, 
trustee or committee, appointed by competent authority in 
the state or country within which the ward resides, upon 
such terms and in such manner as the supreme judicial 
court, sitting in any county, upon bill or petition filed 
therefor, shall decree. 
Repeal. Section 2. The twcuty-third section of the one hundred 

and ninth chapter of the General Statutes, and chapter one 
hundred and thirty of the acts of the year eighteen hundred 
and sixty-one, are hereby repealed. 

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

Approved April 25, 1862. 
Chap. 140 -^N Act to repeal "an act in relation to the flowage of the 

■^' meadows on concord and SUDBURY RIVERS." 

'• Be it enacted, ^'c, as follows : 

Section 1. Chapter two hundred and eleven of the acts 

of the year eighteen hundred and sixty, is hereby repealed. 

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

Approved April 25, 1862. 



1862.— Chapters 141, 142. 93 

An Act concerning civil actions before justices of the peace. QJiqv) \^\ 
Be it enacted, ^'c, as follows : 

Section 1. When a justice of the peace before whom fjf^*^^"^^!"^"''® 
any civil action has been commenced, dies after the service transfer of"a1e 
of the writ, either by attachment of property or by a service anofc"who° 
on any defendant therein named, the plaintiff may enter the may continue. 
action before any other justice of the peace for the same 
county, who may proceed in the case as if the writ had been 
originally issued with his signature, except as hereinafter 
provided. 

Section 2. When a justice of the peace before whom any upon application 
civil action has been entered, and is pending, dies before the beforesnauudg- 
final judgment in the case has been rendered by him, any ^/entererbefore 
other justice of the peace in the same county may, upon other justice, 
the application of any one of the parties to the action, cause 
the papers in the case to be brought and entered before him ; 
and he may thereupon proceed in the action in the same 
manner as if it had been originally entered before him, 
except as hereinafter provided. 

Section 3. Whenever an action shall be entered as pro- ^p?" re-entry of 

. . . ' action or papers, 

vided m the first section, or when the papers in a case are justice to notify 
brought and entered as provided in the second section, the p^''"*'^- 
justice of the peace before whom the case is so entered shall 
issue notice to the other party or parties to the action, that 
they may appear before him, which notice shall be served in 
the manner prescribed by law for the service of writs returna- 
ble before justices of the peace ; and no proceedings shall 
be had in the case until such notice has been given as shall 
be ordered in the case. 

Section 4. The justice before whom any civil action powers of justice 
shall be entered as before provided, shall have all the powers u° aer^onds^^ 
given iu the thirtieth section of the one hundred and twen- '""*■ 
tieth chapter of the General Statutes, to compel the produc- 
tion before him of the papers in any case arising under the 
second section. Approved April 25, 1SG2. 

An Act in addition to an act to incorporate the massachu- QJidf) ^lO 

SETTS institute OF TECHNOLOGY. ■» ' ^ 

Be it enacted, ^-c, as follows : 

Section 1. The time within which the provisions of the Limitation of 
fourth section of chapter one hundred and eighty-three of oi".'i83oTi8(3i,' 
the acts of the year eighteen hundred and sixty-one, relative y^lr"'*"'^ ""* 
to the Massachusetts Institute of Technology are limited, is 
hereby extended one year from the passage liereof. 

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

Approved April 25, 1802. 



94 1862.— Chapters 143, 144, 145. 

Chap. 143 ^^ ^*^^ '^^ AUTHORIZE THE SALEM STREET CONGREGATIONAL 
^' SOCIETY TO SELL ITS MEETING-HOUSE, AND FOR OTHER PURPOSES. 

Be it enacted, §'c., as follows: 

aim '°puS7'^ Section 1. The Salem Street Congregational Society is 
other. hereby authorized to sell and convey by deed its land and 

meeting-house, situated at the corner of Salem and North 
Bennet Streets, in Boston, and to use the proceeds of such 
sale, after paying the debts of said society, if any, to 
purchase any other church edifice or property in said 
Boston, for the use of said society, as its meeting-house ; 
Subsequent pew and pcrsous who after such purchase, shall become proprie- 

owner to be mem- , '■ t, . ,-i i iiiii 

ber of corpora- tors 01 pcws lu any mectuig-house so purchased, shall be 
*'°°' members of said corporation. 

Pews may be ap- SECTION 2. Prior to any such sale and purchase, the 
prietors compe'^I pews iu the mcetiug-house now belonging to said society 
*'***"*■ may be appraised, and the proprietors of the same, in case 

of such sale, may be compensated therefor in the manner 
provided by the thirty-fifth and thirty-sixth sections of 
chapter thirty of the General Statutes, in the case of selling 
and re-building a meeting-house, or of taking down and 
re-building pews in any meeting-house. 

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

Approved April 25, 1862. 

Chap. 144 -^^ -^^'^ ^^ RELATION TO COSTS UPON JUDGMENTS AGAINST THE 
"' COMMONWEALTH. 

Be it enacted, &fc., as follows : 
state and county Section 1. In cases wlicrc judgmcuts for costs are ren- 
upon'"'attesy dcrcd agalust the Commonwealth, the treasurer of the 
mi'nts.*'^^"'^^" coi^iiity? to which the costs of such cases would have been 

paid under the existing provisions of law, if the judgments 

had been in favor of the Commonwealth, shall pay the same 

upon the production of attested copies of such judgments ; 

but in all cases in which the costs would have been paid in 
, to the treasury of the Commonwealth, if the judgment had 

been in favor of the Commonwealth, tlie state treasurer shall 

pay the same upon the production of attested copies of such 

judgments. 
Repeal. Section 2. Thc nineteenth section of the one hundred 

and fifty-sixth chapter of the General Statutes, is hereby 

repealed. 

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

Approved April 25, 1862. 
Chap. 145 -^^ ■^'^'^ CONCERNING INSURANCE COMPANIES. 

Be it enacted, Sj-c, as follows : 
Commissioners Section 1. Whcncvcr upou examination the insurance 
may apply to s. commissioncrs are of opinion that any insurance company, 



1862.— Chapters U6, U7. 9-5 

incorporated under the laws of this Commonwealth, has j. court for in- 
exceeded its powers, or failed to comply with any of the rules, •'""'=*'°°- 
restrictions, or conditions provided by law, they may apply 
to a justice of the supreme judicial court to issue an injunc- 
tion restraining such company in whole or in part from 
further proceeding with its business until after a full hearing 
can be had ; and the provisions of the sixth section of 
the fifty-eighth chapter of the General Statutes are hereby 
extended to proceedings under this act. 

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

Approved April 25, 1862. 

An Act TO AUTHORIZE INTEREST ON CERTAIN TAXES. ChaV) 146 

Be it enacted, ^c, as follows : 

In all cases where a time shall be fixed by any town or Taxes not paid 
city within which taxes assessed therein shall be paid, «"" eftabushta 
interest, at the rate of six per cent, in all cases, or at a rate addXnotTxt* 
not exceeding one per cent, per month, if at the meeting ceedi"g t«n p«r 
when money is raised or granted any town, or the city 
council of any city shall so vote, shall be charged upon all 
taxes which remain unpaid from and after the time so fixed 
until the same shall be paid ; and such interest shall be 
added to and be considered a part of such taxes : and all 
provisions of law relative to the collection of the original 
taxes, shall likewise apply to the interest charged thereon 
under this act. Approved April 25, 1862. 

An Act to ratify certain acts of the governor and council, Chap. 147 

AND to increase THE UNION FUND. -* ' 

Be it enacted, S^-c, as folloios : 

Section 1. All contracts, obligations, expenditures and fe^r'Vie^of^isei' 
payments made, and acts done, by the governor and council, confirmed. 
in the execution of the powers conferred by the two hundred 
and sixteenth chapter of the acts of the year eighteen 
hundred and sixty-one, are hereby approved, ratified and 
confirmed. 

Section 2. The sura of six hundred thousand dollars is ^^"^"",1 ^"^j^j J^,^ 
hereby added to the amount of the union fund, created by of scrip autho- 
the fifth section of the said chapter, and further issues debts.'" ^"""^ 
of scrip, not exceeding that amount, may be made under 
the provisions of said chapter, the proceeds of which are 
hereby appropriated to fund the debts heretofore incurred 
in the execution of the powers aforesaid, beyond the amounts 
realized from the scrip originally authorized by the said 
chapter. 

Section 8. All provisions of law relative to the said f^^Mion nind 'to 
union fund, including the provisions of the two hundred app'y to increase. 



96 



1862.— Chapters 148, 149. 



and ninth chapter of the acts of the year eighteen hundred 
and sixty-one, creating a sinking fund, shall in like manner 
apply to the increase thereof hereby directed. 

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

Approved April 25, 1862. 

Chap. 148 An Act concerning the police court of the city of Worcester. 

Be it enacted, Sj-c, as follows: 
isCilg^of ch' Section 1. The provisions of sections eighteen and nine- 
116 Gen. Stat, tccu of chaptcr ouc huudrcd and sixteen of the General 
Statutes, so far as the same make the jurisdiction of the 
police court of the city of Worcester in civil actions and 
proceedings exclusive, are hereby repealed. 

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

Approved April 25, 1862. 



Union 
rized. 



Chap. 149 -^^ ■^*^'^ "^^ UNITE THE OLD COLONY AND FALL RIVER RAILROAD 
-* ' COMPANY WITH THE NEWPORT AND FALL RIVER RAILROAD CORPO- 

RATION. 

Be it enacted, Sfc, as folloivs : 

Section 1. The Old Colony and Fall River Railroad Com- 
pany is hereby authorized by a vote of its stockholders, to 
unite with the Newport and Fall River Railroad Corporation, 
— a corporation duly established by the laws of the state of 
Rhode Island, — and form one corporation under the name of 
the Old Colony and Newport Railway Company, with a cap- 
ital not exceeding the amount of the joint capital of both 
companies ; and all tolls, franchises, rights, powers, privi- 
leges and property, granted or to be granted, acquired or to 
be acquired, under the authority of the state of Rhode Island 
and of this Commonwealth, shall be held, exercised and 
enjoyed by said company so formed, and the stockholders in 
each of said corporations shall hold the same number of 
shares in said new corporation as they held in the old corpo- 
rations : and if the said corporations shall vote to unite and 
form one corporation as aforesaid, the directors of said Old 
Colony and Fall River Railroad Company shall forthwith 
cause a meeting to be called of the stockholders in said new 
corporation, for the choice of officers for the same, by giving 
to the stockholders in each of the old corporations, the notice 
required for a meeting of stockholders by the by-laws of said 
old corporations, of which said stockholders were members 
before the union. 

Section 2. Said companies when united, so as to become 
one company, shall keep separate accounts of the expendi- 
tures and receipts in each state ; and two commissioners 
shall be appointed, one by the governor of each state, to hold 



Officers, how 

chosen. 



Expenditures 
and receipts, 
commissioners 
appointed by- 
governors to de- 
termine propor- 



1862.— Chapter 150. 97 

their offices for the terra of four years, and to be reason- tionof in r. i. 
ably compensated by said company ; and said commissioners '^^ ^' 
shall decide what proportion of all the expenditures and 
receipts properly pertain to that part of the railroad lying 
in each state respectively, and their certificate thereof shall 
be annexed to the annual report required to be made to the 
legislature of tliis state. 

Section 8. If said corporations shall be united into one Oneormoreom- 
corporatfon as aforesaid, one or more of the officers thereof each state!"** "^ 
shall at all times reside in each of said states, on whom all 
processes against said company, and notices to the same*, 
may be legally served ; and said company shall be held to 
answer within the jurisdiction where service is legally made 
and the process legally returnable. 

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

Approved 'April 25, 1862. 



Chap. 150 



An Act in addition to an act to incokporate the proprietors 
of locks and canals on connecticut rivek, and the several 
acts in addition thereto. 

Be it enacted, Sf-c, as follows: 

Section 1. From and after the first day of April in the Proprietors re- 
year eighteen hundred and sixty-three, the proprietors of 'tain'ing'^°S hrgh- 
locks and canals on Connecticut River shall be relieved "^"y- 
from all ol)ligation to keep their locks and canals in repair, 
and maintain the same as a navigable highway, except as 
hereinafter provided. 

Section 2. If any person or persons previously to said in case leased 
first day of April, shall accept a lease of all the navigable iookrand''caimi8 
portions of said locks and canals, together with all the lands 'obemamtainea 
adjoining the same, which are now used and enjoyed by the 
said proprietors in navigating said locks and canals, for a 
terra not less than five years, and shall execute and deliver 
to said projtrietors or their successors or assigns a good and 
suflicient bond, with sufficient sureties, in a sura not less 
than fifteen thousand dollars, the form and substance thereof 
to be approved by any judge of the superior court, in case 
the parties cannot agree, with the conditions that the said 
lessee or lessees shall keep so ranch of said locks and canals 
as lie below the guard lock and guard gates, in as good 
repair as the sarae now are, and open for navigation, also to 
save said proprietors or their successors and assigns harm- , 
less from all damages that may occur by reason of the 
insufficiency or mismanagcraent of said locks and canals or 
of negligence in the navigation thereof, and from all exi)ense, 
damage and trouble in the navigation thereof, then it shall 

20 



98 1862.— Chapter 151. 

be the duty of the said proprietors or their successors or 
assigns to allow the said locks and canals to be maintained 
as a navigable highway until the expiration of said lease, 
grant'lelse, on SECTION 3. Thc Said propHetors, or their successors or 
fromTeut"' ' ^"^^ assigns, are hereby authorized and required to execute and 
deliver to any person or persons who may apply for the 
same previously to said date, and comply with all the fore- 
going conditions, a sufficient lease of the navigable portion 
of the said locks and canals free from any rent or payment, 
together with all the lands adjoining the same, now used by 
the said proprietors in navigating said locks and canals, for 
a period not less than five years. 
Rights of lessee. SECTION 4. The Said Icsscc or lessees shall have all the 
rights of the said proprietors or their successors or assigns 
in the collection of tolls upon said locks and canals, 
hief orproSi Section 5. It shall be the duty of the said proprietors, 
tors to lessee. or thcir succcssors or assigns, to keep their guard gates and 
guard lock in good repair, and to allow the said lessee or 
lessees uninterrupted use of the navigation thereof, as fully 
as the said proprietors now use or occupy the same ; and 
the said lessee or lessees are not to be held liable for any 
repairs, expense or defects whatsoever thereon. 
Lea^e^maybe re- gECTioN 6. If bcforc thc cxpiratlou of the term of said 
lease, the said lessee or lessees or any other j)arties shall 
offer to take a further lease of said locks and canals upon 
the same terms, as herein before provided, for an additional 
term of five, ten, or fifteen years, and shall comply with all 
said terms, the said proprietors or their successors or assigns 
shall execute such additional lease. Approved April 26, 1862. 

Chap, 151 An Act in aid of families of seamen in the united states navy. 

Be it enacted, ^'c, as follows : 
may ^ *i^fse*Tnd SECTION 1. Any towu Or city may raisc money by taxa- 
appiy money. ^jq^^ ^nd apply thc samc, in cases of necessity, under the 

direction of their selectmen, or the mayor and aldermen, 

respectively, in aid of the wife and minor children of such 

persons as shall be in actual service, as seamen, in the 
Ma aid widows ^uitcd Statcs Navy. 

and" ^aorchu- SECTION 2. Such aid may be given in the same manner, 
^®'*' to the widow and minor children of such seamen, named in 

the first section, as have died or shall hereafter die, in such 

actual service. 
^mSTr°o* Section 3. No reimbursement shall be made from the 
hibited. State, to any city or town, for any aid furnished under this 

act. 

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

Approved April 20, 1862. 



1862.— Chapters 152, 153. 99 

An Act to amend the statute relating to the observance of QJhj^^ \~)^ 

THE lord's day. ^ ' ' ^ 

Be it enacted, Sy-c, as follows : 

The provisions of the first section of the eighty-fourth oener.ii statutes 
chapter of the General Statutes shall apply to any person '""^" 
who is present at any game on the Lord's day. 

Approved April 2G, 1SG2. 

An Act -in addition to an act for the regulation of suits at QJian. 153 

LAW affected by THE ESTABLISHMENT OF THE BOUNDARY LINE -* * 

BETWEEN THE STATES OF MASSACHUSETTS AND RHODE ISLAND, 
AND FOR OTHER PURPOSES. 

Be it enacted, ^'c, as follows : 

Section 1. Whenever, anterior to the first day of March j"p^j^/"*/„jp*^"j 
last, final judgment or decree shall have been rendered in before Marc", mo 
the proper courts of the state of Rhode Island, in any case arfr /urlsaicdon 
at law or in equity, affecting rights of person or property in i^ad not changed, 
the territory which by decree of the supreme court of the 
United States, ceased on that day to be subject to the juris- 
diction of the state of Rhode Island and became subject to 
the jurisdiction of this Commonwealth, and execution had 
not anterior to that day been issued or fully served and 
returned, in every such case the said judgment or decree 
shall be deemed to have the same legal force as if no such 
change of jurisdiction had taken place, and any bail taken 
in the said case, or lien acquired, or attachment made, shall 
be deemed in law to continue and be held as effectually as 
if such suit had been prosecuted in, and such judgment had 
been rendered by, the proper courts of this Commonwealth ; 
and if, on such decree or judgment, no execution had issued havi"ng'''"issuS 
anterior to the said first day of March, then the party or P^^^^J^^j];^^! 
parties interested therein may enter the same in the supreme toi. 
judicial court in the county of Bristol, and sue out execution 
or any other lawful process therein, in the same manner 
and under the same conditions and to tlie same effect as is 
provided in respect of other judgments of the courts of the 
state of Rhode Island in the third section of the act to 
which this act is in addition : provided, that to secure liens Proviso. 
or attachments on any such judgment in which execution 
had not issued anterior to said first day of March, said 
judgment shall be entered as aforesaid and order for execu- 
tion obtained within three months from this date ; and if 
execution had already issued, the same shall be entered in 
the time and manner hereinafter prescribed for giving effect 
to such executions in this Commonwealth. 

Section 2. If execution or other process shall have been Execution having 

. ' I' \ I t. C "*''"e'Ii wrvu'o 

issued on any such judgment by the courts oi tlie state oi may be made un- 



100 1862.— Chapter 154 

iria'nT^ami^have ^^^<^<^^ Islaiid prioi* to Said fii'st day of March, the same may 
full effect. be served or service thereof completed in accordance with 

the laws of the state of Rhode Island, and levy or sale 
under such execution shall be deemed to have the same 
legal effect to pass title and for all other purposes, and 
rights against bail may be enforced as effectually as if uo 
change of jurisdiction had occurred and the said execution 
had been served and all rights under said judgment con- 
summated in the state of Rhode Island : provided^ that the 
party or parties interested in such execution shall, within 
three months from this date, enter the same in the clerk's 
office of the supreme judicial court in the county of Bristol, 
and obtain an order of the said court or any justice thereof, 
in term time or vacation, authenticating the said execution 
and giving effect to the same within this Commonwealth ; 
and provided^ also, that the said execution or a copy thereof 
shall be duly returned to the clerk's office of the court of 
the state of Rhode Island from which it issued, and also of 
the supreme judicial court of this Commonwealth for the 
county of Bristol, and the execution and return shall be 
duly recorded as required by the laws of this Commonwealth. 
Section 3. This act shall take effect upon its passage. 

Approved April 26, 1862. 

An Act to incorporate the foxborough branch railroad 

corporation. 
Be it enacted, Sj-c, as follows : 
Corporators. SECTION 1. Willard Mauucl, Daniels Carpenter, Otis 

Cary, Erastus R. Carpenter, Truman Clarke, William B. 
Bates, Virgil S. Pond, Nathaniel Cook, James E. Carpenter, 
their associates and successors, are hereby made a corpora- 
tion, by the name of the Foxborough Branch Railroad 
Powers and du- Corporation, with all the powers and privileges, and subject 
*"'^' to all the liabilities, restrictions and duties, set forth in the 

sixty-third and sixty-eighth chapters of the General Statutes, 
and in all statutes which have been or may hereafter be 
passed, relating to railroad corporations. 
May maintain SECTION 2. Said compauy is hereby authorized and 
fietdtowaipoie!" cmpowered to locate, construct and maintain a railroad 
with one or more tracks, from some convenient point in the 
town of Mansfield, at or near the junction of the Taunton 
Branch and Boston and Providence Railroads through the 
towns of Mansfield, Foxborough and Walpole, to some con- 
venient point on the Midland Railroad in the town of 
Walpole. 



Chap. 154 



1862.— Chapters 155, 156. 101 

Section 3. The capital stock of said company shall capital, 
consist of not more than one thousand shares, the number 
of which shall be determined from time to time by the 
directors thereof; and no assessment shall be laid thereon Assessments. 
of a greater amount in the whole than one hundred dollars 
on each share ; and said company may purchase and hold such ^ , 

, , , T , . ^ "' 1 , 1 , 1 • 1 Real estate and 

real estate, and such engmes, cars and other things, as may be other property. 
necessary. for the use of said railroad and for the transporta- 
tion of passengers, goods and merchandise thereon. 

Section 4. If the location of said railroad be not filed Location and 
according to law within two years, and if the same shall not uaTionfo""' '""" 
be completed within four years from the passage of this act, 
then this act shall be void. 

Section 5. Said company is hereby authorized to enter May connect 

d, ., •! J I 'ii ii with Midland 

connect its railroad l)y proper means, with the road. 

Midland Railroad, and to use the same agreeably to the 

provisions of law. 

Section 6. Said Fosborough Branch Railroad Company May lease to 
is hereby authorized to lease its road to the said Midland ^""'" 
Railroad Corporation, upon such terms and conditions as 
the directors of the contracting companies may agree upon. 

Section 7. This act shall take effect upon its passage. 

Approved April 26, 18G2. 

An Act to authorize the fitchburg railroad company to ex- Chap. 155 

TEND its road. 

Be it enacled, ^'c, as follows : 

Section 1. The Fitchburg Railroad Company is hereby May extend in 
authorized to extend its railroad from the present terminus 
at or near Sweet's Wharf, in Charlestown, in the same gen- 
eral direction, to some convenient point at or near the navy 
yard in said Charlestown, with all the powers and privileges, powers and du- 
and subject to all the duties, lial)ilities and restrictions set ^'^^• 
forth in the acts relating to railroad corporations. 

Section 2. If the location of said extension be not filed Location and 
within two years from the passage of this act, or said cxten- toUoCfo?"' ''""" 
sion be not completed within three years, this act shall be 
void. Approved April 26, 1862. 

An Act providing for the more speedy completion of the QJkjj)^ 156 
troy and greenfield railroad and hoosac tunnel. * ' 

Be it enacted, §-c., as follows : 

Section 1. The governor, with the advice of the council, oovemor to ap. 
is hereby authorized and directed to appoint three able, toners to inies- 
impartial and skilful commissioners to investigate the subject "s^'^ «'"'* '•«p°'^'- 
of finishing the Troy and (Jrcenficld Railroad, and of tun- 
nelling the lloosac Mountain, whoso duty it shall be to report 



102 1862.— Chapter 156. 

to the governor and council what, in their judgment, will be 

the most economical, practical and advantageous method of 

completing said road and tunnel, the estimated cost of fitting 

the same for use, the time within which the tunnel can be 

completed, and what contracts can be effected, and with 

what parties, for completing said tunnel and road, and the 

probable cost of the same, the probable pecuniary value of 

the road and tunnel when completed, the sources and amount 

of traffic and income, and all other facts in their opinion 

useful to assist the governor and council in determining the 

best method of securing a continuous railroad communication 

between Troy and Greenfield. 

Company may SECTION 2. Thc Troy and Greenfield Railroad Compauy 

gaged" ^pro^eTty is hereby authorized to surrender to the state, the property 

righf of 'reTemp^ iiow mortgaged ; but the right of redemption shall not be 

t'o°- barred until ten years have elapsed after said road and tun- 

commissionersto Hcl are complctcd and the same open for use. The said 



under mortgages 

to com'onwe'ith, monwcalth, take complete possession under the mortgages 

and cause road to ■, ^ ii .i im t/-i r> i i 

be completed, to the Commonwcalth, given by the Iroy and Greenfield 
Railroad Company, of all property, rights and interests 
intended to be conveyed by said mortgages, or either of 
them, and then shall, without unnecessary delay, cause the 
said railroad to be completed and put into running order, 
and supplied with suitable depots, turn-tables and other 
usual and necessary appliances for the reception of freight 
and passenger cars, from the eastern terminus of the Troy 
and Greenfield Railroad to the Hoosac Tunnel. 
To allow claims SECTION 3. Said commissioucrs shall audit and allow 
rZu^^tllrTiLTe all just claims for labor, service, materials, land-damages 
aischarSens"*^ lucurred after April sixth, eighteen hundred and sixty, and 
before July twelfth, eighteen hundred and sixty-one, in 
carrying on the work of constructing the Troy and Green- 
field Railroad and Hoosac Tunnel, and may procure the 
release of all attachments and discharge all liens on said 
Gov'rnormayap- materials. Thc accouuts thus audited shall be transmitted 
andTVaT^war! to the govcmor, and, if approved by the governor and coun- 
rants. ^.^|^ ^|jg govcmor is hereby directed to draw his warrant upon 

the treasurer in favor of the claimants, for the amounts 
thus allowed, to an amount not exceeding one hundred and 
seventy-five thousand dollars. 
Commissioners, SECTION 4. Said Commissioners are hereby authorized, 
golernTrfma^ wlth conscut of thc govcmor and council, to use or run 
portion^froad. ^^^^^ portiou of said road east of the Hoosac Mountain, or 
lease the same to the " Vermont and Massachusetts," the 



1862.— Chapter 156. 103 

" Fitcliburg," the " Troy and Boston Railroad Company," 
or either of them, until the completion of the said tunnel. 

Section 5. Said commissioners shall have authority, with May expedite 
the approval of the g:overnor and council, to continue the tuuner"" "^ 
work on the Hoosac Tunnel, and by contract or otherwise, 
to expedite the completion of said tunnel. 

Section 6. All the net earnings and income derived from Net earnings of 
said railroad, including the tunnel, shall be held by the iTtrus't by com^ 
Commonwealth in trust: first, for the payment and reim- ™°'^''®*"'*' 
bursement of the interest on all loans, advancements and 
disbursements of the Commonwealth, on account of said 
railroad or tunnel : second, for the payment and reimburse- 
ment to all parties having a legal right thereto. 

Section 7. The governor is hereby authorized to draw Appropriation. 
his warrant on the treasurer of the Commonwealth, for such 
sums as may be required from time to time by the commis- 
sioners for the purpose of carrying out the provisions of this 
act, and the amount of the same is hereby appropriated 
therefor; and the treasurer of the Commonwealth is hereby scrip, issue au- 
authorized to issue scrip, or certificates of debt, in the name "'°"'*''- 
and in behalf of the Commonwealth, to an extent sufficient 
to secure the required funds, which scrip shall bear such 
rate of interest, as is allowed at the time on state scrip 
issued for other purposes, and shall be redeemal)le at the 
end of tl)irty years from the date thereof; and he shall sell 
or otherwise use the same at his discretion, to procure the 
sum necessary to meet the payments in this act provided : 
provided^ that all expenditures and advances made under Proviso. 
and by virtue of this act, shall be on account, and form 
part of the two millions of dollars, authorized to be loaned 
in state scrip to the Troy and Greenfield Railroad Company 
by chapter two hundred and twenty-six of the acts of eighteen 
hundred and fifty-four ; and said expenditures and advances, 
together with all sums hitherto advanced to said company, 
excepting tiie sums advanced on account of the " Southern 
Vermont Railroad," shall not exceed in amount the said 
two millions of dollars. Such changes may be made in the 
location and grades of the road, as may l)e necessary to 
improve the same ; and no lease shall be made of tiie portion 
of the road east of the tunnel for a term exceeding six years ; 
nor shall such portion be constructed without the approval 
of the governor and council. 

Section 8. All acts and parts of acts inconsistent here- Repeal, 
with, are hereby repealed. 

Section I). This act shall take effect upon its passage. 

Aj)j>rovcd April 28, Ibti'J. 



Not to exceed 
two dollars, ex- 
cept, etc. 



104 1862.— Chapters 157, 158, 159. 

Chap. 157 -^N ^^"^ CONCERNING COUNTY SEALS. 

Be it enacted, §'c., as follows: 
Commissioners to SECTION 1. Countj commissiouers of any county may 
establish. establish a seal for such county, which shall be in the cus- 

tody of their clerk, and shall be affixed to all process 
issued by the county commissioners in cases where a seal is 
required. 

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

Approved April 28, 18G2. 

Chap. 158 ^N ^^'^ CONCERNING TAXES UPON POLLS. 

Be it enacted, Sj-c, as follows: 

Section 1. The thirty-first section of chapter eleven of 
the General Statutes is hereby so amended that the whole 
poll-tax assessed in one year upon an individual, for town, 
county and state purposes, except highway taxes separately 
assessed, shall not exceed two dollars. 

Section 2. This act shall take eifect-upon its passage. 

Approved April 28, 1862. 

Chap. 159 ^^ ■^^'^ CONCERNING BAIL IN CRIMINAL CASES IN THE COUNTY OP 
"' SUFFOLK. 

Be it enacted, cVc, as follows : 
Bail after convic- SECTION 1. After a couvictiou in the superior court for 
ceived in open the trausactiou of criminal business in the county of Suffolk, 
or after a plea of guilty or of 7io/o contendere in said court, 
the prisoner in such cases respectively, sliall not be admitted 
to bail except in open court : provided, that wlien said court 
is not in session, bail may be taken by any judge of a court of 
record, or by any commissioner appointed by the justices of 
the superior court ; and in such case such judge or commis- 
sioner sliall have proof that written notice has been duly 
served at least twenty-four hours before the hearing of such 
application, upon the district-attorney or the assistant dis- 
• trict-attorney for the Suffolk district, of the proposed apj)li- 
cation ; such notice shall specify the name of the prisoner, 
the offence of which he is convicted, the time and place of 
hearing such application, with the name, occupation and 
place of residence of the several persons proposed as sureties. 
Rejection of per- No pcrsoii wlio lias bccu oucc offcred and rejected as surety 
be'finai.^"'^*'^ '° shall aftcrwai'ds be accepted as surety for the same person in 

the same case. 
Attested certifi- SECTION 2. Whcnevcr bail is taken out of court as afore- 
cate ot surety^ ssi'id, it sliall bc tlic duty of tlic judgc or commissioner to 



court. 



Proviso: proceed- 
ings when not in 
session. 



taken out 
court to be 
turned therein 



rt to be re- Qr^^sQ n Certificate to be signed and sworn to by each surety, 
wiiicli shall contain the name, residence, including the street 



1862.— Chapters 160, 161. 105 

and number of tlie dwelling-house, and tlie occupation and 

place of business of the surety, and a statement of the nature, 

location and value of his property, and of the incumbrances 

if any thereon, the amount of his indebtedness, and all other 

matters pertinent to the amount and value of such property ; 

which certificate shall be returned with the recognizance to 

the proper court. If any material statement in such cer- Penalty for false 

tificate shall be false, the person making the same shall be *'^*^™''"'- 

deemed to have committed the crime of perjury, and shall 

be liable to all the pains and penalties provided by law as a 

punishment for perjury. 

Section 3. Whenever a judge or commissioner within the p/'P^^rfTn cev- 
county of Suffolk is applied to, to accept bail out of court, in tain°c"^ses,'noUce 
a case in which no amount has been fixed, he shall, if tlie trict-auo7n"y^'^' 
crime charged be above the jurisdiction of the police court 
of Bo^on, before fixing bail, cause notice to be given to the 
district-attorney, or to the assistant district-attorney, for tlie 
Suffolk district, if either of said officers is at the time within 
said district, of the fact of such application. 

Section 4. Justices of the peace and justices of the peace J«s«ces of the 
and of the quorum in Suffolk county, shall hereafter have fn aMun"d.°" ^ 
no authority to take bail in criminal cases. 

Section 5. No justice of any court shall hereafter be F?es to court pro 
allowed to receive any fee or compensation for taking and 
approving bail in criminal cases in said county of Suffolk. 

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

Approved April 28, 1862. 

An Act to punish maliciods injuries to real estate. Chap. 160 

Be it enacted, ^^c, as follows : 

Whoever wilfully or maliciously injures, defaces, mars or Penalties pre- 

-I . .,, -11 • , T n. . scribed in sect. 

destroys, either in whole or in part, any dwelling-liouse or si, ch. lei, oen. 
other«building, whether upon the inside or outside, not being stats- to apply- 
the owner thereof, and not having the right so to do, by 
virtue of any contract with the owner thereof, shall be liable 
to the penalties mentioned in the eighty-first section of the 
one hundred and sixty-first chapter of the General Statutes. 

Approved April 28, 1802. 

An Act to limit the time for taking or catching trout. Chan. 161 
Be it enacted, ^-c, as foUoios: 

The second section of the eighty-third chapter of the oenenu^statutes 
General Statutes is hereby amended, by inserting after the '""''" 
word " ]\Iay," the words " or any trout from the tenth day 
of September to the tenth day of March." 

Approved April 28, 1802. 
21 



106 1862.— Chapter 162. 

Chan 162 ^^ ^^^ concerning the examination of judgment-debtors. 

Be it enacted, ifc, as follows : 
In case of judg- SECTION 1. Whenever any person shall obtain a judgment 
man! 'for'^wenty against anj woman, whether married or unmarried, for the 
ofexecuiron,pay! S"™ ^^ twcnty dollars and upwards, exclusive of all costs 
ment may be de- whicli make a part of said judgment, whether the same 
have accrued in the last action or any former action on the 
same original cause of action, and while so much as that 
amount remains uncollected, and shall take out execution 
upon the same, he may cause payment of the same to be 
demanded of tlie judgment-debtor, by any officer qualified to 
execute the same; and if upon such demand the judgment- 
debtor shall fail to pay the same, or to expose sufficient 
goods or estate to be taken by such officer to satisfy the same, 
Return of doings ^j^g officcr shall, if rcQuested by the judgment-creditor, make 

in case of failure n ^ • t • i • iiiii 

to pay upon re- a rctum 01 his doHigs upou sucli execution, and snail be 
to^entm"''officer entitled to receive his travel to make such demand and in 
to fees. addition thereto the sum of one dollar, which fees shall be 

repaid by the judgment-debtor to the judgment-creditor, as a 
part of the costs of the execution. 
Creditor may ap- SECTION 2. At anytime after a demand has been made 
fnsoivency?' ° as providcd iu thc prcccdiug section, the judgment-creditor, 
or any person in his behalf, may apply to the court of insol- 
vency of the county within which the judgment was obtained, 
or in which the judgment-debtor resides, by petition, setting 
forth the fact of such judgment and demand with a copy of 
the execution, and the return of the officer thereon, alleging 
that he believes that the judgment-debtor has property not 
exempted from attachment, which she refuses to apply in 
payment of said execution, or to expose so that the same 
may be taken thereon, and praying that a citation may issue 
requiring such judgment-debtor to appear at a time and place 
therein to be fixed, and submit to an examination toiWjhing 
her estate, which application shall be verified by the oath of 
■ the applicant ; and thereupon the register of said court shall 
issue a citation as prayed for, giving the judgment-debtor at 
least one day's time for every twenty miles' travel, and a 
like time for any distance less than twenty miles. Such 
citation may be served by any officer competent to serve the 
execution in such' petition described. 
Debtor failing to SECTION 3. If tlic judgmcut-debtor shall fail to appear at 
mi'y Issue. '"'^'*^ thc tiuic and place fixed in the citation, the judge on proof 
of service by the return of the officer, may issue a capias to 
bring the judgment-del)tor before him, whicli may be served 
by any officer competent to serve the citation ; the fees for 



1862.— Chapter 162. 107 

service of the citation shall be fifty cents for the copy and the 
same travel as for the service of writs. 

Section 4. The iudo-ment-debtor beino; so before said Tobeswom to 

• T 1 n 1 1 1 • 1 1 » • i /• ii niiike true an- 

judge shall be sworn by the judge or by tlie register ot tlie swers. 
court to make true, full and perfect answers toitthing her 
estate and the disposal of the same, and she shall thereupon 
be examined by the judgment-creditor upon written inter- 
rogatories, either in the presence of the judge or otherwise as 
he shall direct ; and after such examination is completed the Addition offsets 
judgment-debtor shall be allowed to add such other facts as uon a^towTd"""*" 
she may deem necessary, and the judgment-creditor shall 
have a right to re-examine her in regard thereto, and the 
examination so made shall be signed by the debtor and placed 
on file in the court of insolvency, with the other papers in 
said case. It shall be competent for either of the parties to ure'r^piirV^'coml 
introduce evidence in relation to the subject-matter of such p^^nt. 
examination. 

Section 5. If it shall appear upon the hearing of the Possession of 

u" 1 • 1 111 property appear- 

said exammation and proof, that the judgment-debtor lias ingjudjiment to 

property not exempt from attachment, or from being taken uuc"srme.°'"^° 

on execution, or which cannot be got at to be taken on 

execution, or that she has property of any kind of the value 

of twenty dollars not so exempted, judgment to that effect 

shall be entered by the court, and she shall be required to 

produce the same or so much thereof as may be needed to 

satisfy such execution with the costs of the proceedings 

upon such citation ; or if the said property is not within the Proceedings in 

county in which the proceedings are had, or not capable of to taklf onexecu^- 

being taken on execution, she shall be required to execute """• 

and deliver to the judgment-creditor, or some person on his 

behalf, a transfer, assignment or conveyance of the same, or 

so much of the same as may be sufficient to satisfy said 

execution and said costs, or to secure the payment of the 

same ; and if upon being ordered so to do she shall neglect Penalty for neg- 

or refuse to obey such order, she shall be committed by said ofcom-t."'^ "'''" 

court as for a contempt, and shall stand committed until 

she shall obey such order, or be otherwise discharged 

according to law. 

Section 6. If any suchjudgment-debtor during such com- conditions of ais- 
mitment shall become an insolvent debtor under the laws of this ''^'"'^''■ 
Commonwealth, or become a l)ankrupt under the laws of the 
United States, or if it shall appear that she has been divested 
of her property or estate during such commitment otherwise 
than by her own act, she shall thereupon be discliarged. 

Section 7. If it shall appear that after the commence- *J'";';|,''pe„5?"^ 
ment of the suit upon which the judgment was obtained, suit, to b« void. 



108 1862.— Chapter 163. 

the judgment-debtor therein has made any voluntary or 

fraudulent conveyance, transfer or gift of any property or 

estate, slic may be required to transfer the same to the 

judgment-creditor, who shall thereupon have a right to 

demand s'uch property, and recover the same from the party 

who received the same, or from any person who may have 

taken the same, without consideration or with notice of the 

fraud or want of consideration of the original transfer, 

conveyance or gift. 

^ro^T""^ after SECTION 8. If it shall appear that after the service of the 

serv'ice^of cit" citatiou upou the judgment-debtor, and during the pendency 

contempt'*'"""'"^ of thc procccdings thereon, she has made any conveyance, 

assignment or transfer of any property, or any payment 

of money with intent to prevent the same from being 

transferred or paid to the judgment-creditor or applied by 

force of the said proceedings to the satisfaction of the said 

judgment, such transfer, assignment, conveyance or payment 

shall be deemed to have been made in contempt of the court, 

Penalty. and shc shall be liable, in the discretion of the court, to be 

. committed as for a contempt, and stand committed until 

discharged by due process of law ; but payment of debts for 

necessaries, and debts due on judgments, shall not be deemed 

within the prohibition of this section. 

Fees allowable SECTION 9. The petitioner shall pay to the court of insol- 

and how account- ,^ c p n ■ • n ^. "^ . 

edfor. vency the fees lollowing: for the citation, two dollars ; for 

each day's hearing, and if the examination is conducted in 
tlie presence of the judge, for each day's examination, five 
dollars ; which fees shall be repaid by the judgment-debtor, 
if she shall be adjudged to have property under the 
provisions of the fourth section of this act ; all such fees 
shall be accounted for by the register of insolvency in the 
same manner as fees received by said register in cases of 
insolvency. 

Expiration of SECTION 10. At anv time after the expiration of three 

three years to ^ ^i ^ • , • n ^^ i ,i 

authorize new ycars irom the termination oi any proceedings under tlie 
demand. provisious of this act, and while the judgment remains in 

force, the judgment-creditor may cause a new demand to be 
made, and in case the execution in such case is not there- 
upon satisfied, he may cause the like proceedings to be had 
as if no previous demand and proceedings had been made 
or had. Approved April 28, 1862. 

Chat) 163 '^^ "^^^ CONCERNING THE EASTERN AVENUE CORPORATION. ' 

^ Be it enacted, Sfc, as follows : 

Time for location SECTION 1. Thc provisious of chaptcr seventy-one of the 
acts of the year eighteen hundred and sixty, authorizing the 



1862.— Chapter 1G4. 109 

Eastern Avenue Corporation to chano;e its location, are 
hereby extended to the first day of March, in the year 
eighteen hundred and sixty-three. 

Section 2. The provisions of the second section of cliap- ^''y °^ Boston, 

p, /•! ' ^ 1 11 powers to aid ex- 

ter seventy-nine ot the acts oi the year eighteen hundred tended. 
and sixty-one, authorizing the city of Boston to grant aid to 
said corporation, in such manner and upon such conditions 
as the city may deem expedient, are hereby extended so that 
said city of Boston may render such aid by building said 
avenue or aiiy part thereof, or otherwise. 

Section 3. The said Eastern Avenue Corporation may corporation may 
transfer its franchise and all its corporate rights to the city trcltyV •»"< n'-e 
of Boston, and said city of Boston may accept the same ; 
but no compensation shall be paid by said city for such 
transfer : and upon such transfer, the said city of Boston 
shall have all the powers and privileges, and, be subject to 
all the duties, restrictions and liabilities appertaining to the 
said Eastern Avenue Corporation, except that the said city Bond, certain, 
of Boston shall not be required to give the bond mentioned r'lLvld'from 
in the seventh section of the one hundred and forty-eighth ^"'"s- 
chapter of the acts of the year one thousand eight hundred 
and fifty-two. In case of such transfer to the city of Boston in case of trans- 
of the franchises and corporate rights of said corporation, eied^wuh gove^r*- 
notice of such fact shall be given to the gavernor by the city ''°''- 
of Boston, and in such case the time for location as extended 
by the first section of this act shall be further extended for 
two years ; but said avenue shall be located with the appro- commissioners 
bation of, and be built according to specifications approved tints 'to "approve 
by, the commissioners appointed under the resolves in rela- ^°^«of constric- 
tion to the harbors and flats of the Commonwealth passed at 
the present session of the general court. 

Section 4. When the city of Boston shall have received city council, 
the transfer provided for in the third section of this act, it ortnlusfer" ''''''^ 
may discharge all the duties incumbent on it, on account 
thereof, by the city council of the said city, or by any other 
agency which the said city council siiall appoint; and when Aldermen may 
the avenue shall have been built, the board of aldermen of 'vay"."^'"^"^''" 
said city may lay out the same as a street or highway. 

Approved April 28, 1862. 

An Act to authorize the employment of clerks by the secke- Qfiai) 1G4 

TARY OF THE BOARD OF AGRICULTURE. ' ' 

Be it enacted, §'c., as follows : 

Section 1. The secretary of the board of agriculture, at May employ two 
such times as the board shall approve, may employ one or ''^'"'^^' 



110 1862.— Chapters 165, 166. 

two clerks at salaries not exceeding six hundred dollars a 
year, for each clerk. 

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

Approved April 28, 1862. 

Chap. 165 -^^ -^^"^ RELATING TO THE RECEPTACLE FOR THE INSANE AT IPSWICH. 

Be it enacted, S^c, as folloios : 

Ventilation, Co. SECTION 1. Tlie couutj commissiouers of the county of 
prov^drfor"^"^* ° Esscx shall provido for the more thorough and constant ven- 
tilation of the receptacle for the insane connected with the 
house of correction at Ipswich, 
commission'rs to SECTION 2. Tlic commissioners for the examination of 
i'nstateprison'^^o couvlcts iu tlic statc prisou alleged to be insane, are hereby 
qutrteHy!*"^**''^*' made a board of commissioners for the examination of the 
persons confined in said receptacle, and shall select one of 
their number to visit said receptacle once each quarter of a 
year. Each commissioner shall receive for his services in 
such capacity, the amount of his travelling expenses, and 
three dollars for each day he is so employed, and the bill 
therefor shall be audited and paid by the treasurer of the 
county of Essex. 
May M^derje- SECTION 3. Said commissioncrs, or said visiting commis- 

ho° pitai! ^ '' ^ sioner selected as aforesaid, whose acts however, shall be 
subject to the revision of the board, may direct any person 
confined- as insane, who in their judgment is capable of 
improvement by restorative treatment, to be removed to a 
state hospital ; and they may cause such person to be 
remanded to said receptacle when they shall deem it expedi- 
Expenscs of re- eut. Thc expcnscs of all such removals from and to said 
movas, low receptaclc shall be paid in the first instance by the county of 
Essex ; and said county shall be entitled to recover the same 
of the city, town or person obligated to support the person 
removed as aforesaid. Approved April 28, 1862. 

Chap. 166 ^^ -^^"^ ^^ FURTHER ADDITION TO AN ACT IN AID OF THE FAMILIES 
"' OF VOLUNTEERS. 

Be it enacted, Sfc, as follows : 
Citizens by ces- SECTION 1. Thc provisious of the second section of the act 

sion from R. I., - - - - 

provision for aid 
shall apply to 

who, although not inhabitants of the Commonwealth at the 
time of enlistment, have become such by the establishment 
of the boundary line between the states of Massachusetts 
and Rhode Island. 

Section 2. Any town or city may raise money by taxa- 
tion or otherwise, and if necessary apply the same under the 



from R. I., ^^ -y^i^ich this act is in addition, being chapter sixty-six of 
families of. ^^^^ ^^^^ *^f ^^^® prcscut scssiou, shall apply to those volunteers, 



1862.— Chapters 167, 168. Ill 

direction of its selectmen, or mayor and aldermen, or city 
council, for the aid of the widow or children who were 
dependent upon any one of the inhabitants of said town or 
city, who may have died whilst in the active service of the 
United States, if said inhabitant were a volunteer duly 
enlisted and mustered into the service of the United States, 
whose wife or child might have received aid under the pro- 
visions of said chapter sixty-six of the laws of the present 
year. 

Section 3. No sums shall be so applied to the wife or J;'^jj*jf°^j'^ 
children of any such deceased volunteer for a period of more 
than one year after the passage of tliis act, nor more than 
one month after the passage of any further act of congress 
allowing a pension or other provision to the widow or to the 
children of such deceased volunteer. 

Section 4. All the provisions of the fourth and fifth sec- ^r^^ef a"' made 
tions of said chapter sixty-six of the laws of the present year, applicable. 
concerning the reimbursement of money from the state treas- 
ury, and annual reports to the auditor, shall be applicable to 
all moneys applied under the provisions of this act. 

Approved April 29, 1862. 

An Act in relation to the sale or exchange of military QJidj) \{j'^ 

PROPERTY. -^ ■ 

Be it enacted, Sfc, as follows: 

Section 1. The governor, with the advice and consent of Governor and 
the council, may sell or exchange from time to time, any pose"" ""^^ 
military property now on hand, belonging to this Common- 
wealth, upon such terms as he shall deem proper. 

Section 2. The proceeds of the sales of any of the prop- Proceeds of sale, 
erty aforesaid which has been paid for out of the union fund, ^"'^ '^^^^^""^■ 
shall be paid into the said union fund, and become a part of 
the sinking fund for the redemption thereof. A detailed Report reauired. 
report of all such sales and exchanges shall be made to the 
next general court. 

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

Approved April 29, 1862. 

An Act concerning offences against chastity, morality and Qfidp^ Kjy 

decency. ■* " 

Be it enacted, /fc, as follows : 

Section 1. Whoever imports, prints, puljlishcs, sells or Penalty for im- 
distributes any book, pamphlet, ballad, printed paper, or fD^g," "?' ci?ciiiat- 
other thing containing obscene, indecent or impure Ian- p'^fatT'ngure"''' 
guagc, or any obscene, indecent or impure prints, pictures, 
figures or descriptions, maiiifestly tending to the corruption 
of the morals of youth ; or introduces into any family, school 



112 1862.— Chapter 168. 

or place of education ; or buys, procures, receives, or has in 

his possession any such book, pamphlet, ballad, printed paper, 

or other thing, either for the purpose of sale, exhibition, loan 

or circulation, or with intent to introduce the same into any 

family, school or place of education, shall be punished by 

imprisonment in the state prison not exceeding five years, or 

by imprisonment in the jail not exceeding two years, and 

fine not exceeding one thousand dollars, nor less than one 

hundred dollars. 

Warrants jor SECTION 2. Any poHcc court Or justicc of the peace may 

court or justice issuc a Warrant for the purpose of searching for any obscene, 

may issue. iudccent or impure books, pamphlets, ballads, printed 

papers, or other things mentioned in the preceding section, 

in the manner provided in chapter one hundred and seventy 

Articles found to of the General Statutes ; and all such things found by an 

use^S'evidence?' officcr iu cxecutiug a scarch warrant, or produced or brought 

into court, shall be safely kept so long as is necessary for the 

purpose of being used as evidence in any case, and as soon 

as may be afterwards, shall be destroyed, by order of the 

court before whom the same is brought. 

Informer entitled SECTION 3. Whcu a pcrsou is convictcd under either of 

paid.^"''^'^°^^°* the two preceding sections, and sentenced to pay a fine, there 

shall be paid to the person who informed and prosecuted 

such offender to conviction, one-half of the fine actually paid 

by such offender. 

Generaistatutes, SECTION 4. The sccoud scctiou of the ouc hundred and 

ame^ndld'.'^^ex-^' scvcutieth chaptcr of the General Statutes is hereby so far 

tending proyis- amcuded, that all the provisions relating to search for, and 

ions for search . J-ii ii ini • -i i 

and seizure. scizurc of books, pamphlcts, ballads, printed papers, or other 
things containing obscene prints, pictures, figures, or descrip- 
tions manifestly tending to the corruption of the morals of 
youth, shall also apply to the search for and seizure of the type, 
forms, press, wood-cuts, and all the material and the mechan- 
cal apparatus used and employed in the printing and pub- 
lishing of tlie books, pamphlets, ballads, printed papers, or 
other things mentioned in such section ; and to all books, 
pamphlets, ballads, printed papers, or other things containing 
indecent or impure language, or indecent or impure pictures, 
figures or descriptions, manifestly tending to the corruption 
of the morals of youth, and the type, forms, press, wood-cuts, 
and all the material and the mechanical apparatus used and 
employed in the printing and publishing of such books, pam- 
phlets, ballads, printed papers or other things, containing 
indecent or impure language, or indecent or impure prints, 
pictures, figures or descriptions. 



1862.— Chapter 169. 113 

Sections. After the seizure of any type, forms, press, Articles and ma- 
wood-cuts, and the material and the mechanical apparatus, J^uige^^forfeu*! 
as provided in the preceding section, application shall be ^"j^^gj"'"^ "" '*®"' 
made to the court competent to try the offence, in the com- ^^^^ ' 
mission of which the said type, forms, press, wood-cuts, 
material or mechanical apparatus, or any part thereof may 
be alleged to have been used or in any way employed, for a 
decree of condemnation of the same ; and if upon the hearing 
of said application it shall be found and adjudged that the 
same or any part thereof has been used for the unlawful 
purpose alleged, the same shall be adjudged forfeit, and the 
sheriff shall sell the same, or so much thereof as the court 
shall order, and pay the proceeds of such sale to the use 
of the county, and the remainder thereof shall be burned 
or otherwise destroyed under direction of the court or 
magistrate. The claimant shall be allowed to appear in the claimant may 
proceeding, upon any such application. Any of said articles ceeTng. '" '^''°" 
not found to have been unlawfully used, shall be delivered 
to the lawful owner of the same. Approved April 29, 18G2. 

An Act concerning bail in criminal cases. Chan 169 

Be it enacted, §'c., as follows : 

Section 1. No person, arrested on a criminal charge. Forfeiture of ban 
who is released on bail or recognizance and forfeits or makes recolni^'zLnce, un- 
default upon his bail-bond or recognizance, shall be again ^^^^' ^*=- 
permitted to go at large upon further bail or recognizance, 
in the same case, unless upon application to some justice of 
the superior court, and by order of said justice, after showing 
some reasonable excuse for his previous default or forfeiture. Arrests, certain, 

Section 2. No affidavit shall be required to authorize outSvit'^"'" 
arrest upon an execution issued Tipon scire facias or other 
suit upon a recognizance against bail or sureties in criminal 
cases when the debtor shall neglect upon demand therefor to 
deliver to the officer having charge of such precept property 
not exempt from levy upon execution, sufficient to satisfy the 
said execution. The proceedings after the arrest shall be Proceedings de- 
the same as provided for in the sixth section of the one ^'""^' 
hundred and twenty-fourth chapter of the General Statutes. 

Section 3. Sections forty-one, forty-two and forty-four Repeal, 
of chapter one hundred and seventy of the General Statutes, 
are hereby repealed. 

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

Approved April 29, 18G2. 
22 



114 1862.— Chapters 170, 171, 172. 

Chap. 170 ^^ -^^"^ CONCERNING THE PAY OF SPECIAL JUSTICES OF POLICE 
"' COURTS. 

Be it enacted, ^'c, as folloics : 
Treasurer to pay, SECTION 1. TliG treasurci* of the Commoiiwealtli is aiitlior- 
cenrficafe^'^sunis izGcl, upoii tliG requcst of any special justice of any police 
due standing jus- couft, aud iipou tliG amouut duo to him being ascertained 
and certified by the auditor, to deduct and pay from the 
salary of the standing police justice of the same court, what- . 
ever sums now are or may hereafter be due from the said 
standing justice to the said special justice, under the pro- 
visions of the twenty-second section of the one hundred and 
sixteenth chapter of the General Statutes. 

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

Approved April 29, 1862. 



Chap All 



An Act in addition to an act altering the boundary line 
between the towns op cambridge and somerville, and 
annexing portions of each to the other. 
Be it enacted, Sj-c, as follows : 
Bounds defined. SECTION 1. All the territory and persons situated on the 
northerly and easterly side of the dividing line between the 
city of Cambridge and the town of Somerville, described in 
the first section of chapter one hundred and thirty-seven of 
the acts of the year eighteen hundred and fifty-six, are 
hereby set off from said Cambridge, and are annexed to said 
Somerville ; and all the territory and persons situated on the 
southerly and westerly side of said dividing line, are hereby 
set off from said Somerville and are annexed to said Cam- 
bridge. 
Kepeai. SECTION 2. The sccoud scctiou of said chapter one 

hundred and thirty-seven of the acts of the year eighteen 
hundred and fifty-six, is hereby repealed. 

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

Approved April 29, 1862. 



Chap. 112 



An Act concerning coroners. 
Be it enacted, Sfc, as follows: 

Commissions of SECTION 1. All commissions of coroners which were 
'65,%Sn'''62.^^ granted prior to the first day of July, in the year eighteen 

hundred and fifty-five, shall expire and become null and void 

on the first day of July next. 
Tenure of subse- SECTION 2. All commissious of coroncrs and special 
sdons issueT"'"" coroiicrs wliich have been granted since the first day of July 

in the year eighteen hundred and fifty-five, shall expire and 

become null and void at the expiration of seven years from 

the date of the same, respectively. 



1862.~Chapter 173. 115 



to be issued. 



Section 3. All commissions of coroners and 
coroners hereafter granted shall be for the term of seven 
years from the date of the same. lApproved April 29, 18G2. 

An Act in addition to an act to incorporate the church QJinn 1 73 

HOME FOR ORPHAN AND DESTITUTE CHILDREN. -* * 

Be it enacted, ^'c, as follows : 

Section 1. The board of managers of the Church Home Board of mana- 
for Orphan and Destitute Children, shall have authority at Sr^rrtheTr 
their discretion, to receive into their asylum such children ii'scretion, accept 

' . ni- 11 surrender from 

as they may deem suitable objects 01 charity, and also to ppeut or guar- 
accept a surrende'r, in writing, by the father, or where there blndout" """^ 
is no father, by the mother, or where there is no mother, 
by the guardian of any child or children, to the care and 
direction of said institution, and to bind out in virtuous 
families, until the age of twenty-one years, f^ny boy or boys 
thus surrendered, and until the age of eighteen years, or 
manage, within that age, any female child or children tlius 
surrendered ; and they may also thus bind out any child or 
children who, being destitute of parents within this Com- 
monwealth, shall have been relieved and supported by said 
institution : provided, that any parent whose child or chil- Proviso. 
dren, during the absence of their said parent out of this 
Commonwealth, shall have received relief and support or 
been bound out as aforesaid, shall have liberty on his or her 
return to receive such child or children, upon paying to the 
treasurer of said institution the expense incurred in his or 
their relief and support as aforesaid ; and such managers 
shall have authority to establish any rules and by-laws, for 
the regulation of the proceedings of said board and the 
concerns of said institution, not repugnant to the laws of 
the Commonwealth or the by-laws and orders of such 
institution. 

Section 2. Such managers shall likewise have authoritv, wanaRers may 

^ , "^ " procure ailop- 

at their discretion, to procure the adoption of any such child "ou. 
or children, by any respectable and suitable person compe- 
tent to rear such child or children ; and any person who 
shall thus adopt such child or children shall succeed to the 
rigiits of such institution over such child or children ; and ^^f^\ a.inpting 

~ ^ to nHMiccIjirut loll 

any person so adopting such child or children shall file with withju.i-.utpi,.- 
tlie judge of probate, in the county in which he shall reside, con'iiru"'" 
a paper declaring his adoj)tion of such child or children, 
and thereupon the judge of probate shall, upon proof that 
such child or children have been duly rclin(iuished to such 
institution, and that the wife, if any, of the person adopting, 
consents, without further notice confirm such adoption, and 



116 1862.— Chapters 174, 175. 

therefrom the right of any parent to such child or children 
shall be extinguished, and the relation of parent and child 
between such child or children and the adopting parent 
shall be established. 
Contracts lawful- SECTION 3. All instrumcnts of contract which may 
wn/'lusutution° lawfully bc made by said institution, if approved by the 
board of managers, shall be signed by the president and 
secretary of such board of managers, and when so signed 
shall bind the institution. 

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

Approved April 29, 1862. 

Chap. 1 74 -^^ -^^"^ ^^^ '^^^ MORE EQUAL ASSESSMENT OF TAXES. 

Be it enacted, Sj-c., as folloios : 
Corporations, re- SECTION 1. All corporatious whicli are by law required 
turns of shares ^^ jna]j^e rctums to the assessors of each town or city within 
the state in which any stockholder therein may reside, shall 
return, in addition to the cash market value of the shares 
of said corporation, on the first day of May, the proportion- 
ate amount per share which its real estate and machinery, 
if any, was last assessed, and the difference only between 
such proportionate amount per share assessed on its real 
estate and machinery, if any, and the cash market value, 
shall be taxed to the stockholder. 

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

Approved April 30, 1862. 

Chap. 175 -^^ -^^'^ CONCERNING THE SUFFOLK, METROPOLITAN, AND BROADWAY 
-^ * RAILROAD COMPANIES. 

Be it enacted, §"c., as follows : 
Suffolk may con- SECTION 1. The Suffolk Railroad Company is hereby 
poHta^' in Boy*i- autliorizcd and empowered to connect its track, now down at 
ston street. ^^iQ comcr of Washiugtou and Boylston Streets, with the 

track of the Metropolitan Railroad Company in said Boylston 
Rights of entry Street, with the right to enter upon and use, with its horses 

and use defined. ^ ' ^ i • i • i • i • n r, , ,i 

-and cars used exclusively within the city of Boston, the 
tracks of the said Metropolitan Railroad in Cornhill, Wash- 
ington, Boylston, and Tremont Streets, and the open space 
lying southerly of Scollay's Building, described in the route 
of location granted by the board of aldermen of the city of 
Boston, in an order passed January fifth, eighteen hundred 
and sixty-one, and accepted in writing by the said Suffolk 
Railroad Company, in such manner as shall, from time to 
time, be fixed and determined by the mayor and aldermen 
of the city of Boston. 
Powers authoriz- Section 2. Tlic Suffolk Railroad Company is hereby 

ing conveyance .1 • i i j , i 

of pass.ngera to authorizcd aud empowered to convey passengers by some 



1862.— Chapter 175. 117 

central, direct and convenient route or routes, to and from j?."'^g^„!)r'^ *""' 
the several steam ferries and steam railroad depots, in the "^^ 
northerly part of said city, and the Boston and Providence, 
Boston and Worcester, and Old Colony and Pall River steam 
railroad de'pots respectively, and for this purpose to connect Location and 

.. . , '.^, S . / ' 1 -ii •. 1 construction au- 

its tracks with, and to enter upon and use, with its horses thomed and 
and cars used exclusively within the said city of Boston, the ^°^^ defined. 
tracks of any other railroad company laid in any streets or 
highways. througli which the said Suffolk Railroad Company 
has been, or shall be located, north of the southerly line of 
said depots by said mayor and aldermen, and for this 
purpose, to construct, maintain and use a railway or i-ail- 
ways, with convenient single or double tracks, switches, 
curves and turnouts, from their tracks in Causeway Street 
through Bowdoin Square to the track of the Metropolitan 
Railroad Company at the head of Cornhill, and over and 
upon such streets and highways of the city of Boston, as 
shall from time to time be fixed and determined by the 
mayor and aldermen of said city, and accepted in writing 
by said Suffolk Railroad Company: provided, that no cars Proviso: Broad- 
shall be run by said Suffolk Railroad Company over the ^*y^°' 
tracks of the Broadway Railroad Company, except by the 
consent of said Broadway Railroad Company ; but the construction of 
Suffolk Railroad Company shall construct no track south of c"rnhiirprohib- 
Cornhill except as provided by the fourth and fifth sections ited, except, etc. 
of this act ; and the said Suffolk Railroad Company may run 
its cars from the northerly depots and ferries through 
Boylston Street, and return, under the provisions of the first 
section of this act, till the completion of tlie routes to the 
southerly depots. 

Section 3. The Metropolitan Railroad Company is Metropolitan co. 
hereby authorized and empowered to enter upon and use SV^^Middie- 
with its Boston Neck cars and also with its Tremont and Mase"comp^] 
Berkeley Street cars, the tracks and routes of location tiiat '»'«3. 
now are or may hereafter be granted to the Suffolk Railroad 
Comj)any, and the tracks of the Middlesex and Cambridge 
Railroad Companies to and from the steam railroad depots 
in the northerly part of the city of Boston, described in the 
location of the Suffolk Railroad Company granted by the 
board of aldermen of the city of Jioston, in an order passed 
January fifth, eighteen hundred and sixty-one, and accepted 
in writing by the said Suffolk Railroad Comi)any, in such Mayor and aidcr- 

1 11 rt .. i J- I r> 1 11. • 1 men todeteruiiue 

manner as sliall Irom time to time be fixed and determined mauner. 
by the mayor and aldermen of the said city of Boston. 

Section 4. The Metropolitan Railroad Company is May construct 
hereby authorized and empowered to construct, maintain ijoyiston, vZii- 



118 1862.— Chapter 175. 



dence 

ley Stri 



^dBerke- aiid iisG a railway or railways with convenient single or 
double tracks, switches, curves and turnouts from its track 
near the Winthrop House, in the said city of Boston, to the 
Boston and Providence Railroad Depot and through Provi- 
dence and Berkeley Streets to its track near Dover Street, 

Conditions. as sliall froui time to time be fixed and determined by the 
mayor and aldermen of the city of Boston, and accepted in 

Proviso. writing by said Metropolitan Railroad Company : provided, 

that if the said Metropolitan Railroad Company shall not 
construct the track to and from the said Providence Railroad 
Depot within one year, the Suffolk Railroad Company may 
construct tlie same, to and from the said depot, as shall from 
time to time be fixed and determined by the mayor and 
aldermen of the city of Boston, the Metropolitan Railroad 
Company having the right to purchase the same within six 
months from the time of its completion by paying the cost 
of the same and interest thereon, and assuming all the 
conditions of construction and maintenance of the same 
imposed upon the Suffolk Railroad Company. 

Broadway Co. SECTION 5. The Broadwav Railroad Company is hereby 

may use tracks j.i • i i t , , i • , i • , 

of Suffolk, Mid- autliorized and empowered to enter upon and use, with its 
S'compa*nlS" l^orscs and cars run exclusively from South Boston, the 
tracks and routes of location of the Suffolk Railroad Com- 
pany that now are or may hereafter be granted to the Suffolk 
Railroad Company, and the tracks of the Middlesex and 
Cambridge Railroad Companies, to and from the steam rail- 
road depots in the northerly part of the said city of Boston, 
as shall from time to time be fixed and determined by the 
Proviso: consent mayor and aldermen of the city of Boston : provided, that 
5uired.'^'"°"' '^" the said Broadway Railroad Company shall not be authorized 
to run any cars under the provisions of this section until 
such time as it shall consent to the use of its tracks by the 
said Suffolk Railroad Company to the Old Colony and Fall 
River, and Boston and Worcester steam railroad depots ; 
Construction aud if thc Said Broadway Railroad Company, after such 

after consent, xiii , i , i ^ . , .,, 

conditions of. coiiscut. Shall iiot coustruct proper and convenient switches, 
curves and turnout tracks at said depots, the Suffolk Rail- 
road Company may construct the same in such manner as 
shall, from time to time, be fixed and determined by the 
mayor and aldermen of said city of Boston. 
Jomaranriuf- ^ECTiGN 6. Thc Broadway, Metropolitan, and Suffolk 
folk (iompanies, Railroad Companies, respectively, are also furtlier authorized 
'inents^ aluho- and cmpowcred, by voluntary agreements and arrangements, 
rized. gj^jjjj ^m^ ^j^Q other, and not otherwise, to enter upon and 

use with their horses and cars, respectively, any further 
portion of the tracks of each other in said city of Boston : 



18G2.— Chapter 175. 119 

provided, that such agreements and arrangements shall not Proyisos. 
be effective until approved by the mayor and aldermen of 
said city of Boston ; and provided that neither of said 
companies shall, under the provisions of this section, be 
empowered to enter upon any such track or tracks without 
the assent of the company owning the same. 

ISection 7. The 13roadway, Metropolitan, and Suffolk ^"^"^1^^,''=^ ,„';f" 
Railroad Companies, shall, respectively, run such number a|ree"^upon "oa^ 
of cars, and at such times, and shall pay such compensation '^'"°"^- 
to each other, and to any railroad company whose tracks 
they may enter upon and use, under the provisions of this 
act, as may be mutually agreed upon ; and in case of dis- in case of dis- 
agreement as to the number of cars to be run, the time and SStoners "^"al!- 
manner of use of the said tracks, or the compensation to be c^'ur'T'^to^deterl 
paid" to said railroad companies, the same shall be fixed and """•'• 
determined by three commissioners to be apppinted by the 
supreme judicial court, the award of whom, or a major part 
of whom, reported to and confirmed by said court, shall be 
binding upon the respective corporations ; and any such 
award may be revised or altered by commissioners appointed 
in like manner. The cost of the commission shall be appor- 
tioned upon the corporations interested, or any of them, as 
shall be just and equitable. 

Section 8. Each of the said companies, while using the fo*^form°tr°ui's 
tracks of any other company, as authorized by this act, shall of other in use of 
conform to the rules and regulations, from time to time ete^,'' I'nd trwa- 
established, of the respective companies whose tracks they ^i^r returns, 
use, except so far as modified by said commissioners, and 
shall keep an account of the number of cars run daily by 
them respectively, and, as nearly as may be, of the passengers 
by them transported daily upon the railroad they are thus 
using, and of the number of miles run by them daily 
thereon, and shall render the account of the same, at least 
"weekly, to the treasurer of said last named company. 

Section 9. In case said Suffolk Railroad Company shall in rase of trans- 
transfer its railroad and franchise to any other railroad by sniTo'ik"'oo.^ 
company as provided in section fourteen of chapter two rati'on"ma>°'^ia- 
Imndred and eighty-five of the acts of the year eighteen "ease capital, 
hundred and fifty-seven, said last named company may 
increase its capital to an amount not exceeding the cost of 
said railroad and appiu-tenances and the cost of properly 
equipping the same ; said increase not to exceed, in the 
aggregate, the sum of two hundred thousand dollars. 

Section 10. If either of the said corporations mentioned F^'ioro for ono 

, . 1 11 1 1 • . year to use tr.tck 

in tlus act shall neglect to occupy or use a location \\\ any located to render 
street or highway for one year from the time the said location "«'"^""^ 



120 



1862.— Chapter 176. 



was granted by the mayor and aldermen, the right to such 

portion of the said location or track shall thereupon become 

In case of dis- void ; and in case any part of their tracks shall be discon- 

dkya"ofTtreets tiuucd, tlicy shall remove the same from the streets and 

to be restored, highways and shall put them in as good condition for public 

travel as they were immediately before they were occupied 

by said corporations. 

Section 11. This act shall take effect upon its passage. 

Approved April 30, 1862. 



aap. 176 



Existing commis- 
sions of pilots 



Regulations for 
pilotage. 



for, to be ap- 
pointed. 



Commissioners to 
appoint pilots for 
harbor of Boston, 
approved by Ma- 
rine Society, and 
may temporarily 
revoke for cause. 



An Act concerning pilotage. 

Be it enacted, ^'c, as follows: 

Section 1. All persons holding commissions as pilots in 
this Commonwealth shall continue to hold the same until 
the same are revoked or the authority to act under the same 
is suspended as provided herein. 

Section 2. The regulations concerning pilotage now in 
force, being the provisions contained in the schedule hereto 
annexed, except so far as the same are hereby modified or 
changed, shall remain in force until the same are altered, 
amended or annulled pursuant to the provisions of this act. 

Section 3. The governor with the advice and consent of 
the council is authorized to appoint and commission two per- 
sons to execute the office of commissioners of pilots for the 
harbor of Boston, who shall hold their office during the term 
of three years unless sooner removed by the governor and 
council : provided, ahvaps, that the said persons shall first 
be recommended by the trustees of the Boston Marine 
Society and that no such commissioner shall at the same 
time be one of said trustees ; but they shall be persons of 
experience in maritime and nautical affairs. And if the said 
trustees shall refuse, decline, or be unable to make the 
recommendation above provided for, the governor and coun- 
cil shall appoint the said commissioners without such recom- 
mendation. 

Section 4. The said commissioners shall grant commis- 
sions for pilots in the harbor of Boston to such persons as 
they shall deem competent to receive them and who have 
been approved by the trustees of the Boston Marine Society. 
They may upon satisfactory evidence of misconduct, care- 
lessness or neglect of duty, suspend until the meeting of the 
trustees then next ensuing, any pilot who now holds or may 
hereafter hold a commission as pilot for the harbor of 
Boston ; and if the said trustees at their said next meeting 
shall decide that such commission ought to be revoked the 
said commissioners may revoke the same, or may at their 



1862.— Chapter 176. 121 

discretion continue the suspension of such pilot until the 

next stated meeting of said trustees and no longer for the 

same offence. They shall see that the laws and regulations General duucs of 

for pilotage within the harbor of Boston are duly observed <=°°""'^"'"«"- 

and executed. They shall receive and hear complaints by 

and against pilots for the harbor of Boston and examine into 

and decide the same ; — and generally they shall exercise 

within the harbor of Boston the same jurisdiction and have 

tiie same powers as are now exercised by the commissioners 

of pilots, except so far as the same are limited by the 

provisions of this act. 

Section 5. There shall be appointed by the said commis- ^^^g^^/p^g^^to"™; 
sioners a secretary, whose duty it shall be to keep an office appointed: duties 
and be in attendance during the day to receive all complaints '^''^"'=*^- 
of and against pilots for the harbor of Boston, and all notifi- 
cations to the same ; and said secretary shall keep a fair 
record of the doings of said office, to be open at all times for 
examination and inspection. 

Section 6. Once in every three months each pilot for the P>iots for port of 
port of Boston shall render to the said commissioners an quarterly 
accurate account of all vessels piloted by him, and of all ^'='=*>"'''- 
moneys received by him, or by any person for him, for pilot- 
age, and he shall pay said commissioners three per cent, on 
the amount thereof ; and the said pilots shall add three per 
cent, to the rates established by law at the time of rendering 
pilot service, and may collect the same as they are author- 
ized to collect pilotage fees ; and if any pilot shall make a Penalty for false 
false return of moneys received, he shall pay a sum not '*''"'''■ 
exceeding fifty dollars ; and from the sum so collected and compensation of 
paid into said office, each commissioner shall receive such 
compensation as the trustees of the Boston Marine Society 
may fix, together with such allowances for office rent, clerk 
hire and other incidental expenses as the said trustees may 
think suitable. And if there shall remain any surplus 
arising from said commissions, after the said payments are 
made, the same shall be paid into the treasury of the Boston 
Marine Society. 

Section 7. The harbor of Boston, for the purposes of ^'4^„°^°^ '''"*"'* 
this act, shall be held to include all i)laccs or landings acces- 
sible to vessels from sea included within the limits of Nahant 
Rock on the north and Point Alderton on the south. 

Section 8. The governor, with the advice and consent of saieju, ^^arbie- 

, ^ . ' • 1 1 head and Bovcr- 

tne council, may appoint one or more suitable persons as ly, appointment 
pilots for the ports of Salem, Marblehead and Beverly, ^J.^"""'""'''"''" 
respectively : provided, that said persons shall first have the 
recommendation of the master of the Marine Society, in 



commissioners. 



122 



1862.— Chapter 176. 



Existing pilots in 
said ports, tenure 
of commissions. 



Newburyport, 
appointment of 
branch pilots 
for port of. 



Gloucester and 
Rockport, port 
wardens, ap- 
pointment and 
tenure. 



Buzzard's Bay 
and Martha's 
Vineyard, port 
wardens. 



Salem, and of the president of the Salem East India Marine 
Society. 

Section 9. Any pilot who now holds, or hereafter may 
hold, a commission as pilot for the ports named in the preced- 
ing section, or either of them, may be removed from office by 
the governor, with the advice and consent of the council, 
whenever the master and president of the societies aforesaid 
shall certify that such pilot is incapable of discharging the 
duties of said office, or otherwise unsuitable to be continued 
therein, or that the public interest requires that he should 
no longer remain in office. 

Section 10. The governor, with the advice and consent 
of the council, may appoint one or more suitable persons to 
be a branch pilot or pilots for the port of Newburyport : 
provided^ that every such person shall first obtain from the 
Marine Society of Newburyport a certificate signed by its 
clerk, stating that in the opinion of said society such 
person is capable and suitable to be appointed to that office ; 
and every such person who now holds, or may hereafter hold, 
a commission as pilot for said port may be removed by the 
governor and council whenever the said society shall in like 
manner certify that he is incapable of discharging the duties 
of said office, or is otherwise unsuitable to be continued 
therein, or that the public interest requires that he should 
no longer remain in office. 

Section 11. There shall be appointed by the governor, 
with the advice and consent of the council, three persons to 
be denominated port wardens of the ports of Gloucester and 
Rockport, who shall hold their offices during the pleasure 
of the governor and council. They shall recommend to the 
governor suitable persons to be pilots for the ports of Glou- 
cester, Rockport and Manchester, respectively, who shall 
receive commissions as such, if approved by the governor 
with the consent of the council. 

Section 12. There shall be appointed by the governor, 
with the advice and consent of the council, five persons, two 
of whom shall reside in New Bedford or Fairhaven, two in 
Dukes County and one in Wareham, to be denominated 
port wardens of the ports upon Buzzard's Bay and the 
island of Martha's Vineyard, who shall hold their office 
during the pleasure of the governor and council. They 
shall recommend to the governor suitable persons to be 
pilots for tlie said ports respectively, who shall receive 
commissions as such, if approved by the governor with the 
consent of the council. 



1862.— Chapter 176. 123 

Section 13. There shall be appointed by the governor, Taunton River, 
with the advice and consent of the council, three persons, ^""^ 
one of whom shall reside in Fall River, one in Somerset and 
one in Taunton, to be denominated port wardens for Taunton 
River, who shall hold their offices during the pleasure of the 
governor and council. They shall recommend to the gov- raots. 
ernor suitable persons to be pilots for Taunton River, and 
the ports connected with the same, who shall receive com- 
missions as such, if approved by the governor with the consent 
of the council. 

Section 14. There shall be appointed by the governor, ProTincetown, 
with the advice and consent of the council, two persons to ^^^ '^'"^ *"'^' 
be port wardens for the port of Provincetown. The commis- P'lots, how ap- 
sioners of pilots for the harbor of Boston, and the port p*""**"^' 
wardens of the port of Provincetown, shall recommend from 
time to time, suitable persons, not exceeding six in number, to 
be bay and harbor pilots, as mentioned in the scliedule hereto 
annexed for the harbor of Provincetown and other harbors. 

Section 15. In all ports and places not mentioned in Ports and places, 
this act, for which pilots have been heretofore or are now pUotrTar'^be 
commissioned, the governor with the consent of the council, *pp°"i'«*i- 
shall have power to appoint suitable persons to be pilots, 
who shall hold their commissions during tlie pleasure of the 
governor and council; All pilots in such ports and places 
may be suspended or removed at any tfme by the governor 
and council. 

Section 16. In all cases in which any persons or society society or persons 
are authorized by the provisions of this act, to recommend appTn'tment"^ 
suitable persons for appointment as pilots, it shall be lawful plfoVtemporaniy 
for the same persons or society to suspend any pilot, whether for cause, 
now commissioned or hereafter to be commissioned, for his 
misconduct, carelessness or neglect of duty ; and in such 
case, such suspension shall not continue beyond the term of 
sixty days, unless the same shall be approved by the gover- 
nor with the consent of the council. Whenever the said of'i"cr^cit'^""to 
persons or society respectively shall certify to the governor authorize re- ' 
that any pilot who now holds or hereafter may hold a com- '^'°^'"' ' 
mission as pilot within their respective jurisdictions, is 
incapable of discharging the duties of his office, or is other- 
wise unsuitable to be continued therein, or that the public 
interest requires that he should no longer remain in office, 
such pilot may be removed from office, and his commission 
revoked by the governor with the consent of the council. 

Section 17. The commissioners of pilots for tlie liarbor Modification of 
of Boston, and the persons hereby authorized to recommend timriMd""^ ""' 
suitable persons for appointment as pilots, respectively, may 



124 1862.— Chapter 176. 

from time to time recommend to the governor and council, 
such changes or modifications of the pilotage regulations, 
for the ports or places within their respective jurisdictions 
Proclamation re- as to them shall sccm fit ; and if such modifications or 
quired. chaugcs, rcspcctivelyf or any portion of the same shall be 

approved by the governor with the consent of the council, 
the governor shall make proclamation thereof, and shall 
cause such modifications or changes to be published for four 
weeks consecutively, in the paper selected by the secretary 
of the Commonwealth, pursuant to the provisions of chapter 
three, section four, of the General Statutes ; and the same 
being so proclaimed and published for four weeks consecu- 
tively, shall have the force of law and be obeyed by all per- 
secretary of Com- SOUS. All sucli modificatious and changes shall be reported 
report to kgLV by the secretary of the Commonwealth to the legislature, 
ture, and print, ^nd thc samc shall also be published annually with the laws 

of the Commonwealth. 
Fee for pilot's SECTION 18. Each pilot rccciving a commission shall pay 

commission. .^ p .a n n i -n ^*^ 

therefor the sum of five dollars. 
SSues""*^ Section 19. No person shall receive a commission or 

exercise the office of pilot, until he has given to the treasurer 
of the Commonwealth, a bond with two sureties in the penal 
sum of one thousand dollars for the faithful performance of 
all the duties of his office. The sureties on the bonds of 
pilots for the harbor of Boston shall be satisfactory to the 
commissioners of pilots of the harbor of Boston ; the sureties 
upon the bonds of pilots for the other ports and places 
mentioned in this act shall be approved by the persons or 
societies recommending such persons as pilots ; and the 
sureties upon the bonds of all other pilots shall be approved 
by the governor and council. 
Release of surety SECTION 20. Whenever any surety upon the bond of any 
proTeedhigVde' pilot shall dcsirc to be discharged from his liability thereon 
*''^**' as provided in the ninth section of chapter fifty-three of the 

General Statutes, notice of the same shall be given to the 
commissioners or to the persons or society hereby authorized 
to approve the sureties upon said bond, as the case may be, 
or if such bond was approved by the governor and council, 
notice shall be given to the governor and council ; and 
notice shall also be given in writing by such surety to such 
pilot, and the same may be served by any constable of any 
town in which said pilot may be ; and such notice with the 
return of such constable thereon shall be filed with the 
treasurer of the Commonwealth, and at the end of thirty 
days from the date of the filing of said notice with the 
treasurer, the liability of such surety for any acts of said 



1862.— Chapter 176. 125 

pilot after the expiration of said thirty days, shall cease. If Failure to fur- 
any pilot, being so notified, shall fail to furnish a new bond "ild commission, 
before the expiration of said thirty days, his commission 
shall become void. 

Section 21. In case of the decease or insolvency of any in case of death 
surety iipon the bond of any pilot, said pilot shall give suretT^P^^of to 
notice of the same to the commissioners of pilots for the °°''^y' ^'°- 
harbor of Boston, if such pilot is a pilot for the harbor of 
Boston, or to the persons or society who recommended his 
appointment, or to the governor and council if such pilot 
was appointed for any port or place not specially mentioned 
in this act, and thereupon a new bond shall be required to 
be given. 

Section 22. Section twelve of chapter fifty-two of the Repeal. 
General Statutes is hereby repealed. 

Section 23. The board o£ pilot commissioners is hereby Aboiishmentof 
abolished ; but returns shall be made to such commissioners, co^isdonera! 
by all pilots, of the pilotage fees by them earned or received 
as provided by section twelve of chapter fifty-two of the 
General Statutes, up to the day when this act shall take 
effect, and they shall pay to the said commissioners the 
amount in said sections provided ; and if any pilot shall 
fail to make such return and payment, complaint thereof 
may be made to the governor and council, and if such 
complaint is found to be true, the commission of such pilot 
shall be revoked or suspended at the pleasure of the 
governor. 

Section 24. This act shall take effect, so far as concerns Act, when in 
the appointment of commissioners and port-wardens, upon 
its passage ; as to all other matters, it shall take effect upon 
the first day of June next. 

SCHEDULE. 

GENERAL REGULATIONS FOR PILOTAGE IN THE COM- 
MONWEALTH OF MASSACHUSETTS. 

1. No person not holding a commission as pilot, (excepting tliose Penalty for act- 
actually employed on board of the vessel for the voyage,) shall in mfssTo'n' unless"' 
any case exercise the duties of a pilot on board of any vessel within pilot fails to offer, 
the waters of this Commonwealth, whether said vessel is liable to 
compulsory pilotage or not, provided a commissioned pilot offers his 

services, or can be obtained at a reasonable time, under a penalty of 
not less than twenty, and not exceeding fifty dolhirs for each and 
every offence. 

2. If at any time the bond of any pilot shall appear to be insulli- iionu of pilot. 
cient, a new one shall be rcfjuired. 



126 1862.— Chapter 176. 

Liability of ves- 3. No vcsscl sliall be liable to pilotage in oi' out of any port other 
se o pi o age. ^j^^^ j^^^ ports of departure and destination. But if the aid of a pilot 
be required, the pilot shall be bound to do the duty, and entitled to 
the regular compensation therefor, 
of outward and 4. Every vessel inward bound, excepting the vessels provided for 
lesscK ^""""^ io sections 17 and 18, of these general regulations, shall receive the 
first pilot holding a commission for her port of destination, that may 
offer his services, and shall be holden to pay to such pilot, the regular 
fees for pilotage, whether his services be accepted or not. Out- 
ward bound vessels, in all cases, are requested to give a preference to 
the pilot who may have brought said vessel into port, or to a pilot 
from the same boat. 
Boarding, duties 5. It shall be the duty of every pilot to first board vessels (irres- 

coucermng. . /..\i •• ■, n •■> -rm .1 

pective of size) having signals set for a pilot. When there are no 
signals to be seen, then the pilots are to offer their services to the first 
vessel which they can board ; and in case any vessel liable to pilotage 
should refuse to take a pilot, it shall be the duty of the pilot to inform 
said vessel that she will be holden to pay the regular fees for pilotage, 
whether his services are accepted or not. 

6. Every pilot shall exhibit his commission when required, to the 
master of any vessel of which he may take charge. 

7. No pilot shall take charge of any vessel drawing more water 
than his commission authorizes, under penalty of suspension or 
dismission. 

8. Every pilot shall be liable together with his bondsmen, for all 
damages that may accrue from his negligence, unskilfulness or 
unfaithfulness. 

Rates, regulation 9. The period during which winter rates of pilotage shall be allowed, 
shall be uniformly from November 1 to April 30, inclusive ; summer 
rates from May 1 to October 31, inclusive, for all the ports of the 
Commonwealth. 

Liability for pi- 10. The hull and appurtenances of every vessel shall be liable for 

lotage. ^1^ legal legal claims on account of pilotage, either rendered or offered, 

for the space of sixty days. 

Quarantine regu- n. All pilots shall anchor vcsscls Carrying alien passengers, or 

lations, how ob- , i • ^ a ^- ^ xi i • i ^ i 

served. vcsscls subject to quarantine, at the places assigned for such purpose 

%j the proper authorities, under penalty of su.spension or dismission, 
as well as of the fines by law provided for neglect thereof. 
Differences of pi- 12. All disputcs between pilots in relation to their rights, privi- 
ot.s, how settled, j^ggg j^^j^ dutics with each other, shall be referred to, and settled by 
three master pilots, to be chosen by the parties for that purpose, to be 
adjusted and settled according to the regulations and the laws, 
for'lkflned.*''^'™ ^^- Whenever any vessel shall be anchored under the regulations 
for quarantine, or alien passengers, for twelve hours or over, the pilot 
in charge shall be entitled to twenty-five per cent, in addition to the 
ordinary fees, by afterwards piloting the vessel to her port of 
destination. 
seir°e"°it'^ sea ^^' "^"7 P'^*^*" ^^^^ shall be unablc to leave a vessel under his 
compensation. ' chargc and bc carried to sea, without any negligence or fault of his 



1862.— Chapter 176. 127 

own, or his associates, shall be entitled to two dollars per day, while 
necessarily absent from home. 

IT). All passenger steam vessels, regulated by the laws of the Exemption from 
United States, and carrying a pilot commissioned by United States ^' °^^^' 
commissioners, are exempt from the compulsory payment of pilotage. 

16. All national vessels, both inward and outward, shall pay in all National vessels. 
ports in the Commonwealth, when they shall employ a pilot, four 

dollars per foot for fifteen feet or less draught of water, and five 
dollars ])er foot for over fifteen feet draught of water. 

17. Every regularly appointed pilot is authorized and directed to Duties of pilots 
take charge of any vessels within the limits of his commission, except 

fishing vessels, (not including whaling vessels,) all single decked 
vessels of three hundred and fifty tons or under, sailing under a 
coasting license, and all other vessels bound from a port within this 
state to another port within this state, unless such vessel shall be in 
the completion of a voyage from a port or place without the state, 
and steam vessels as per regulation No. 15. 

18. Vessels of 200 tons burden and under, an'd liable to pay CertJiin vessels, 
pilotage, declining the services of a pilot, shall henceforth be liable "^ ' ''^' 

only for one-half of the regular pilotage fees. And also vessels of 
less than seven feet draught of water, shall be exempt from com- 
pulsory pilotage in all ports of the Commonwealth. 

[All single-decked vessels of not more than 350 tons, sailing under 
a coasting license, are exempt from compulsory pilotage, should they 
decline the services of a pilot. Vessels under 200 tons sailing under 
a register, shall be held to pay half-pilotage only, sEould they refuse 
a pilot. But if any vessel requii'es the services of a pilot, they shall 
be paid in accordance with the regular rates. Vessels taking steam 
by the desire of the masters thereof, shall pay the full pilotage : but 
when steam is taken by direction of the pilot of any vessel, she 
shall be held to pay 75 per cent, of the regular pilotage.] 

SPECIAL REGULATIONS. 

Regulations for the Pilotage of the Harbor of Boston and all places or 

landings accessible to vessels from sea included tcithin the limits of Nahant 

Rock on the North, and Point Alderton on the South. 

There shall be not less than six pilot boats constantly employed Boston pilots, 
by the lioston pilots ; each boat shall have a number, which shall be uiations" '^^ 
painted in black figures of not less than 48 inches in length, in the 
mainsail and jib ; the numbers of boats and crews of said boats to 
be regulated by the commissioners. 

Each boat shall have a first and second master, who are required 
to see that all the pilot regulations are strictly conformed to ; any 
non-performance of duty, or insubordination on the part of any pilot, 
upon the complaint of any master, will receive prompt investigation 
by the commissioners. 

Each one of the pilot boats employed for the harbor of Boston, 
in alternate weeks, and in the order of their numbers, shall cruise on 
a station at the entrance of Boston harbor, outside of Boston Light, 
and within the limits of a line drawn from Minot's Ledge to Nahant 



128 1862.— Chapter 176. 

Head, and the boat on said station shall at all times show the estab- 
lished i^ilot boat signal, and shall by day and by night, at all times, 
remain on said station whenever the weather does not render it 
impracticable, and be on the lookout for vessels approaching Boston 
harbor, and shall at all times be furnished with pilots without leaving 
her station, and shall offer the services .of a pilot to all vessels enter- 
ing said harbor in accordance with "the fifth general regulation ; and 
she shall receive on board pilots from outward bound vessels, and 
render to them all the facilities for their return to the city of Boston 
which is consistent with their duty. The station boat shall not leave 
said station until relieved by another boat ; and if the boat next in 
turn for said station shall at any time be unnecessarily absent from 
said station, the pilots on board of said boat at the time shall col- 
lectively be liable to a penalty not exceeding two hundred dollars, 
the amount and apportionment of which shall be decided by the 
commissioners, and the pilot or pilots so offending shall be liable to 
immediate suspension or dismissal from the pilot service at the dis- 
cretion of the commissioners ; but in case of accident or casualty 
rendering it impossible for said boat to be on her station, the fact 
shall be immediately reported to the commissioners, who may order 
any other boat to take said station, and remain until relieved, said 
boat being subject to the same liabilities, after receiving said order, 
as though it was her regular turn. In case of a want of pilots at 
any time on board of the station boat to supply the demand of inward 
bound vessels, pilots taken on board from outward bound vessels 
may, with the consent of the master of the station boat, go on board 
of inward bound vessels ; but no pilot shall board an inward bound 
vessel except from the boat to which he belongs, without such per- 
mission. 

It shall be the duty of every pilot, after having brought a vessel 
to the inner harbor of Boston, to have such vessel properly moored 
in the stream, or secured to a wharf, (below the bridges,) at the 
option of the master, within twenty-four hours after arrival, weather 
and tide permitting, without extra charge. 
Nantasket iioads. If any vcsscl outward bound, having a pilot on board, should 
anchor in Nantasket Eoads, it shall be the duty of the pilot to remain 
on board said vessel, if requested by the master, until the next high 
water, and if detained after that time, he shall be entitled to receive 
three dollars per day for each and every day so detained. 

No pilot shall leave a vessel outward bound, until to the eastward 

of George's Island, without permission of the master of said vessel. 

Every pilot is requii-ed to pei'form his full share of the duties of 

an inward, as well as outward pilot, unless prevented by sickness, or 

causes satisfactory to the commissioners. 



1862.— Chapter 176. 



129 



Rates of Pilotage Oulivard,for the Port of Boston. 



From Noventler 1 to Ajnil 30, inclusive. 


From May 1 to October 31, inclusive. 


7 feet— per foot, . . |0 95 


7 feet— per foot, 


$0 80 


8 « 




95 


8 " 


80 


9 <' " 




1 00 


9 " " 


85 


10 " " 




1 00 


10 « " 


90 


11 « 




1 05 


11 « « 


95 


12 « « 




1 10 


12 « » 


1 00 


13 « 




1 15 


13 » 


1 05 


14 « 




1 20 


14 " " 


1 10 


15 " ' " 




1 25 


15 « 


1 15 


16 " 




1 30 


16 " 


1 20 


17 « 




1 35 


17 « « 


1 25 


18 «« 




1 45 


18 « « 


1 30 


19 « « 




1 50 


19 « " 


1 35 


20 « " 




1 60 


20 " 


1 50 


21 « « 




2 00 


21 " " 


1 75 


22 *' " 




2 50 


22 " " 


2 00 


23 " " 




3 00 


23 " 


2 50 


24 « 




4 25 


24 " " 


3 50 


25 « " 




5 00 


25 « 


4 00 



All national vessels of 15 feet or less draught of water, $4 per foot. 
" *' over 15 feet " " $5 per foot. 



Rates of Pilotage Inward, for the Port of Boston. 



From November 1 to April ! 
7 feet — per foot. 



ril 30, 


inclusive. 


From May 1 to October 31, inclusive. 


. $1 50 


7 feet — per foot. 


$1 20 




1 50 


8 " " 


1 20 




1 55 


9 " « 


1 30 




1 60 


10 " " 


1 35 




1 75 


11 « « 


1 40 




1 80 


12 « » 


1 45 




1 85 


13 « " 


1 50 




1 90 


14 " 


1 55 




2 00 


15 « « 


1 65 




2 10 


16 " « 


1 75 




2 20 


17 « " 


1 90 




2 50 


18 " " 


2 00 




2 90 


19 " 


2 10 




3 25 


20 " 


2 30 




3 80 


21 " " 


2 75 




4 20 


22 « 


3 00 




4 50 


23 " 


3 50 




5 00 


24 " « 


4 00 




5 00 


25 « 


4 50 



All national vessels of 15 feet or less draught of water, 5^4 per foot. 
" " over 15 feet " " ^5 per foot. 



Any commissioned pilot that shall offer his services to any vessel 
bound into the harbor of Boston without or eastward of a line drawn 
from Manomet Land, Plymouth, to Thacher's Island, Cape Ann, 
from the first day of November to the thirtieth day of April, inclusive, 
shall be entitled to receive twenty per cent, in addition to the foregoing 
rates. 

2i 



130 



1862.— Chapter 176. 



Neglect of duty 
by absence, lia- 
bUity for. 



Draught of vessel 
not to exceed 
authority of 
commission, and 
only pilot to act, 
except, &c. 



Liabilities for 
pilotage from 
points defined. 



The fees for hauling a vessel from the stream to a wharf (below 
the bridges) after the expiration of twenty-four hours from arrival, 
shall be four dollars ; and for hauling a vessel from the Avharf to the 
stream, provided the vessel does not proceed to sea within twenty-four 
hours from the time of anchoring, four dollars. 

If any commissioned pilot offers himself to any inward bound 
vessel, liable to take a pilot, outside of a line drawn from Harding's 
Rocks to the Graves and Bass Point, and the master of the vessel 
should refuse to take such pilot on board, the master or owner of 
such vessel or either of them, shall be liable to such pilot for the 
regular pilotage, as if his services had been accepted. . 

Not less than three pilot boats shall at all times cruise in Boston 
Bay outside of the limits prescribed for the station boat. 

Every commissioned pilot for Boston Bay shall be attached to a 
pilot boat, and no pilot shall remain unattached for more than thirty 
days, without permission from the commissioners. Any pilot neglect- 
ing or refusing to join a pilot boat for ten days after being duly 
notified to join one, unless satisfactory reasons are given for non- 
compliance, shall be liable to suspension,, or to have his commission 
revoked at the option of the commissioners. 

No pilot shall take charge of any vessel of a larger draught of 
water than his commission authorizes, nor shall any other person, 
not having a commission, be put on board of any vessel from either 
of the pilot boats in the capacity of pilot. But in the event of the 
master of any vessel taking on board an unauthorized person to 
assist him in going into port, the person so taken shall state the 
circumstances to the master of said vessel, and keep the usual signal 
flying for a pilot until within a line from the Harding's Rocks to the 
Graves and Bass Point, and shall give the vessel up to any authorized 
pilot who may offer himself. 

Any vessel inward bound, requiring the services of a pilot when 
inside of a line drawn from Boston Light House to Point Alderton 
in the Light House Channel, or when abreast of or inside of the 
outer Brewster Island, in Broad Sound, shall be liable only to two- 
thirds of the established rates of pilotage, and if outward bound 
from Nantasket or President Roads, half pilotoge rates only. 



BAY PILOTAGE— SOUTH SHORE. 



Rates west from 
certain line to 
places named es- 
tablished. 



Outward rates 
from said ports. 



The rates for piloting from west of a line drawn from Saugkonnet 
Point to Noman's Land, to the ports herein named, shall be as 
follows, viz. : Into Tarpaulin Cove, one dollar and fifty cents per 
foot ; Wood's Hole, Falmouth Port, and Holmes' Hole, one dollar 
and seventy-five cents per foot. Into Edgartown and Hyannis, two 
dollai's per foot ; and to the bar of Nantucket Harbor, two dollars 
and twenty-five cents per foot. And into any other ports on the 
south coast of Barnstable County or on the Vineyard Sound, one 
dollar and seventy-five cents per foot. 

The outward rates of pilotage from all the above named ports and 
from the bar of Nantucket harbor, if taken westward past Gay Head, 



1862.— Chapter 176. 131 

shall be three-fourths of the above ; and the outward and inward 
rates shall be increased by twenty per cent, for all piloting done 
between the first day of November and the thirtieth day of April, 
inclusive. 

The rates for piloting vessels into any of the above named ports, Rates east of 
and to the bar of Nantucket harbor, from any point east of a line porV.'ete.'" '"'"^ 
drawn from Saugkonnet Point to Noman's Land, and between said 
line and a line drawn due south from Tarpaulin Cove light house, 
shall be twenty-five per cent, less than the above named rates ; and 
if said pilot is taken east of a line drawn due south from Tarpaulin 
Cove light house, fifty per cent, shall be deducted from said specified 
rates ; and in case the master then declines taking a pilot, said pilot 
offering shall be entitled to one-quarter pilotage, agreeably to these 
regulations ; and if no pilot shall have offered his services before 
passing a line drawn from the West Chop light house to the Nobska 
light house, there shall be no obligation on the part of the master or 
owner to pay pilotage, if the master shall then decline receiving a 
pilot. 

The rates of pilotage for vessels coming from the eastward, bound vessels from 
to the aforesaid ports, shall be from east of a line drawn due north portr,'^etc.°*'"°* 
from Nantucket Great Point light house to the bar of Nantucket, 
one dollar and fifty cents per foot of said vessel's draught. Into 
Edgartown and Hyannis, one dollar and seventy-five cents per foot. 
Into Holmes' Hole, Falmouth Port and Wood's Hole, two dollars per 
foot ; and into all other ports on the south coast of Barnstable County 
or on the Vineyard Sound, one dollar and seventy-five cents per foot ; 
and from west of said line drawn due north from Great Point light 
house, twenty-five per cent, less than the foregoing. The outward 
rates, when passing to sea to eastward of Nantucket Shoals, shall be 
three-fourths of the inward rates, and both outward and inward rates 
shall be increased by twenty-five per cent, for all pilotage done 
between the first of November and the thirtieth of April, inclusive. 

Any commissioned pilot for the harbor of Boston, that may be Liability for roi- 
found mating or combining, or in any way interested with any other of othe^'botu''."'^ 
pilot in the business of pilotage, except with those pilots belonging 
to the same boat with himself, shall be liable to forfeit his commission. 

The estabhshed pilot signal by day is a white and blue flag, white Signals. 
next to the mast ; and in the night a red light. 

In the division of earnings of any pilot boat among the crew, the Division of eam- 
following allowance shall be made to those pilots holding a commis- "'^^" 
sion for a limited draught of water : 

For a commission for 10 feet draught of water, one-third of a share. 
" " 12 " " one-half " 

" " 14 " " two-thirds " 

" " IG " " three-fourths " 

The pilots of the port of Boston shall have an ofiice, or keep a noston, oniro of 
desk in some counting-room, in some central situation, where all '"'"'■'■ 
communications may be left for them, and it shall be the duty of the 
pilots, when in Boston, to call at said office or desk twice a day at 
least. 



132 1862.— Chapter 176. 

REGULATIONS FOR THE PILOTAGE 

Of Nantucket Shoals, Vineyard Sound, and Ports bordering thereon, and 
also for Buzzard's Bay and llarhors hordering on its waters. 

^**^- The rates for piloting vessels through the Vineyard Sound over 

Nantucket Shoals into Boston Bay, or to any port of destination 
eastward thereof, if the pilot be taken westward of a line drawn due 
south from Tarpaulin Cove light house, or between said line and a 
line drawn from Noman's Land to Saugkonnet Point, from the first 
day of November to the thirtieth day of April, inclusive, shall be for 
vessels not di-awing more than eleven feet of water, three dollars 
and fifty cents per foot ; if drawing more than eleven feet of water, 
and not more than fourteen feet, four dollars per foot ; if drawing 
more than fourteen feet, four dollars and fifty cents per foot. And 
from the first day of May to the thirty-first day of October, inclusive, 
for vessels drawing not more than eleven feet of water, two dollars 
and fifty cents per foot ; if drawing more than eleven feet and not 
more than fourteen feet, three dollars per foot ; if drawing more 
than fourteen feet, three dollars and fifty cents per foot. And if the 
pilot be taken west of said line, drawn from Saugkonnet Point to 
Noman's Land, ten per cent, shall be added to the above specified 
rates ; and if said pilot be taken at any point east of said line, drawn 
due south from Tarpaulin Cove light house, ten per cent, shall be 
deducted from said rates ; and if, during the navigation aforesaid, the 
pilot is detained in any port at the request of the master, commander 
or owner of said vessel, and not from stress of weather, he shall be 
allowed three dollars per day for all such detention ; and in all cases 
five dollars shall be added to the rates aforesaid, if the vessel shall be 
taken to a port of destination east of Cape Ann, and not eastward 
of Portsmouth ; and if the port of destination be Portsmouth, or east- 
ward thereof, ten dollars shall be added to said rates : provided, how- 
ever, that any other rates may be agreed upon, by written contract 
between the master, commander or owner of any vessel to be piloted, 
and the pilot taking charge of the vessel. 

rate^*"^ Sound, 'pjjg i-ates of pilotage from one port to another on the Vineyard 
Sound, including the south coast of Barnstable County, and from the 
said ports to the bar of Nantucket harbor, and vice versa, shall be 
uniformly one dollar and twenty-five cents per foot, and twenty-five 
■ per cent, additional for all pilotage done between the first day of 
November and the thirtieth day of April, inclusive. And for pilotage 
inward or outward over the bar of Nantucket harbor only, at all 
seasons of the year, one dollar per foot. 

Nantucket Any person holding a commission as pilot for Nantucket Shoals, 

of ptiot.*" °" ^ is authorized to pilot vessels from any part of the Vineyard Sound, 
Nantucket Shoals, and ports bordering on the waters of the same, to 
the harbor pilots' limits of any port in Buzzard's Bay or ports west 
of said bay, at the following rates of pilotage : — From any point east 
of a line drawn due north from Cape Poge, at two dollars per foot 
of such vessel's draught, and if taken westward of said line, drawn 
due north from Cape Poge, one dollar and fifty cents per foot ; and 
if no port pilot offers his services, with the consent of the master, 



1862.— Chapter 176. 133 

they may proceed with said vessel to her destination, and claim the Proviso, 
whole amount of pilotage : provided, hoivever, that no vessel passing 
through the waters of the Vineyard Sound, or over the Nantucket 
Shoals to ports heyond them, shall be holden to pay compulsory 
pilotage. But in no case shall an unauthorized pilot take charge of 
any vessel when a commissioned pilot can be obtained at a proper 
time. Pilots holding commissions for Vineyard Sound and Nan- 
tucket Shoals, who may have piloted a vessel over said shoals, whose 
destinatioH is a port in Bai-nstable or Boston Bay, or eastward 
thereof, on an-ival at the port of her destination, and no harbor pilot 
offering his services, may, with the consent of the master, (but not 
otherwise,) pilot such vessel into her port of destination, and receive 
the regular port pilot fees therefor. 

NEW BEDFORD AND FAIRHAVEN. 

Pilots especially commissioned for the purpose, shall be authorized Authority of 
to pilot vessels from sea, which are bound into the ports of New p'^°*^' 
Bedford and Fairhaven to abreast of Clark's Point light house, and 
to the port pilot limits of other ports in Buzzard's Bay, (or westward 
thereof,) and if no port pilot offers his services, they may, with the 
consent of the master or owner, proceed with such vessel to her port 
of destination, and claim the full amount of pilotage. 

The rates of pilotage from sea from vessels bound into the ports of Rates. 
New Bedford and Fairhaven to abreast of Clark's Point light house, 
shall be one dollar and ninety cents per foot, and from abreast of 
Clark's Point light house to the inner harbors of New Bedford and 
Fairhaven, thirty-five cents per foot, and twenty per cent, additional 
to the sea or bay pilotage, from the first day of November to the thir- 
tieth day of April, when a pilot offers his services or is taken west of a 
line drawn from Saugkonnet Point, to the south point of Noman's Land. 

The outward rates of pilotage from the ports of New Bedford and 
Fairhaven to abreast of Clark's Point light house, shall be thirty-five 
cents per foot ; from abreast of Clark's Point light house, to sea, one 
dollar and fifty cents per foot. 

Vessels bound into other ports (than New Bedford and Fairhaven) Vessels to other 
in Buzzards Bay, and ports west or said bay, are exempt trom paying emptiou defined, 
compulsory bay pilotage, when coming from sea, from westward to 
the port pilot limits of tlie several ports ; but if a pilot is eini)loyed, 
he shall be entitled to receive two dolkirs per foot, and if no i)ort pilot 
offers his services, he may, with the consent of the master or owner, 
conduct said vessel to the port of her destination and claim the whole 
amount of pilotage. 

The rates of port or harbor pilotage for all the different ports Harbor pilotage 
bordering on Buzzard's Bay, and to the westward thereof, excepting e^c-.^rates"''**'*' 
New Bedford and F^airhaven, shall be for vessels inward bound 
drawing less than twelve feet of water, one dollar per foot ; for tliose 
drawing from twelve to fifteen feet of water inclusive, one dollar and 
thirty cents per foot ; for those drawing more than fifteen, and not 
more than eighteen feet of water, two dollars per foot ; and for those 
drawing over eighteen feet of water, two dollars and fifty cents per 



134 



1862.~Chapter 176. 



foot ; and the rates of pilotage for vessels outward bound from said 
ports, shall be three-quarters of said inward rates, and both outward 
and inward rates shall be increased by twenty per cent, for all pilot- 
age done between the first day of November, and the thirtieth day of 
April, inclusive. 



Bay and harbor 
pilots, six : ap- 
poiutuipnt and 
duties. 



Cape Cod and 
Provincetown 
pilots. 



Vessels via Cape 
for Salem, etc. 



Rates for vessels 
bound to Pro- . 
vincetown taken 
south of line 
West from llace 
Point. 



REGULATIONS AND FEES OF PILOTAGE 

Applicable to the folloivinrj Harbors, viz. : Provincetoion, Plymouth, New- 
buryport, Gloucester, Rockport, Lane's Cove, Annisquam, Salem and 
Beverly, Marblehead, Taunton River, Merrimack River and Harbors, 
Dorchester and Neponset, Hingham, Weymouth and Quincy, Lynn, Mystic 
and Charles Rivers. 

Provincetoivn. — There shall be commissioned from the port of 
Provincetown not more than six persons, who shall be competent as 
bay and harbor pilots, and who shall keep a decked boat, suitable for 
the purpose, not less than fifty tons, and shall cruise in all seasons, 
for the purpose of taking vessels into Provincetown or Cape Cod 
harbor. Said pilots shall also be entitled to take vessels, when out- 
side the limits of the line hereinafter defined, to or within said limits, 
or until spoken by a Boston pilot. Vessels bound into the port of 
•Boston, and liable to pay pilotage, will take such pilots, when first 
spoken by them, and said pilots shall have authority to pilot any 
such vessels until spoken by a Boston pilot, when the vessel shall 
be given up to the first pilot commissioned for the port of Boston 
who may hail her ; but the Cape pilot shall continue on board until 
relieved by a Boston pilot, to whom the vessel shall be given up ; 
and the pilotage of such vessel shall be divided between the two 
pilots, pro rata, in proportion to the distance each may have charge 
of her, after passing a line drawn from Plymouth Lights to Thacher's 
Island, Cape Ann, in which event distance-money shall be wholly for 
the benefit of the Cape pilots — otherwise for the Boston pilots ; but 
the compensation of the first pilot shall in no case be less than five 
dollars, which amount shall be deducted from the regular pilotage, so 
that in no instance shall there be any addition to the usual rates of 
pilotage in consequence of taking such Cape pilots. 

The limits outside of which such Cape Cod or Provincetown pilots 
may take a vessel bound into Boston, shall be a line drawn north- 
east from the Gurnet or Plymouth Lights ; but all commissioned 
pilots for the poi't of Boston shall have the privilege of cruising 
outside of said line, as heretofore. 

Vessels coming by Cape Cod and bound for the ports of Salem, 
Beverly or Marblehead, who may desire the services of a Cape pilot, 
may take such pilot as may be competent, to the several ports or 
pilots, under the same restrictions as are provided for vessels bound 
to Boston, as above. 

The rates of pilotage for all vessels liable to pay pilotage bound 
into the harbor of Provincetown, if taken south of a line drawn due 
west from Race Point light house, or between that and a line drawn 
due south from Wood End Bar, shall be for vessels drawing less 
than twelve feet of water, one dollar per foot ; for those drawing from 



• 1862.— Chapter 176. 135 

twelve to fifteen feet of water, inclusive, one dollar and thirty cents 
per foot ; for those drawing more than fifteen feet, and not more tiian 
eigliteen feet of water, two dollars per foot ; for those drawing more 
than eighteen feet, and not more than twenty-one feet of water, two 
dollars and fifty cents per foot ; for those drawing more than twenty- 
one feet, and not more than twenty-five feet of water, three dollars 
and fifty cents per foot, and no more. But no vessel shall be liable 
to pay compulsory pilotage if the services of a pilot are refused after 
passing a line drawn due south from Wood End Bar. And the out- 
ward rates of pilotage shall be three-fourths the amount of said inward 
rates. 

Plymouth. — The rates of pilotage for vessels liable to pay pilotage Plymouth, 
bound into the harbor of Plymouth, shall be one dollar per foot. 
Vessels arriving inside of the Gurnet, and no pilot previously offer- 
ing his services, are exempt from compulsory pilotage, if a pilot's 
services are then refused. Rate of pilotage outward, seventy-five 
cents per foot. 

Nctoburyport. — The rates of pilotage for vessels liable to pay pilot- Ncwburyport. 
age bound into or out of the harbor of Newbury port, shall be, for 
outward bound vessels, from seven to twelve feet draught of water, 
sixty-five cents per foot; from twelve to fifteen ^eet, inclusive, eighty- 
five cents per foot ; upwards of fifteen feet, one dollar and five cents 
per foot. The summer rates of pilotage for inward bound vessels, 
drawing from seven to under twelve feet, ninety-five cents per foot ; 
from twelve to fifteen feet, inclusive, one dollar and twenty-five cents 
per foot ; over fifteen feet, one dollar and sixty cents per foot. The 
winter rates of pilotage for inward bound vessels, drawing from seven 
to twelve feet of water, one dollar and twenty-five cents per foot ; 
from twelve to fifteen feet, inclusive, one dollar and sixty-five cents 
per foot ; over fifteen- feet, two dollars and ten cents per foot. 

The district limits of the port of Newbury port shall be, from Che- Limits of district. 
bacco Bar, on the south, to the Isle of Shoals, on the north. Vessels 
not spoken until within the bar, shall pay only half pilotage ; if not 
spoken until within the Black Rocks, shall pay no compulsory 
pilotage. 

The pilot.9 of Newburyport will be required to keep one or more Boats, 
good decked boats, and one boat shall be upon the cruising ground 
at all times, when the weather will permit. 

Rockport, Lane's Gove, and Anmsquam. — The rates of pilotage Rorkport, Lanes 
shall be, for vessels under twelve feet draught of water, seventy-five JuaL"'"* '^""'^" 
cents per foot ; of twelve to fifteen feet, inclusive, one dollar per foot; 
over fifteen feet, one dollar and fifty cents per foot. 

The inward and outward rates shall be the same. 

Gloucester. — The rates of pilotage for vessels liable to pay pilotage Gloucester, 
bound into the harbor of Gloucester, shall be, for vessels drawing 
less than twelve feet of water, one dollar per foot ; for those drawing 
from twelve to fifteen feet of water, inclusive, one dollar and thirty 
cents per foot ; for those drawing more than fifteen feet, and not more 
than eighteen feet of water, two dollars per foot ; for those drawing 
more tlian eighteen feet, and not more than twenty-one feet of water, 



136 



1862.— Chapter 176. 



Salera and 
Beverly. 



two dollars and fifty cents per foot ; for those drawing more than 
twenty-one feet, and not more than twenty-five feet of water, three 
dollars and fifty cents per foot, and no more. The harbor line shall 
be a line drawn from Norman's Woe to Dog Bar Buoy, off" Eastern 
Point, within which line there shall be no compulsory inward pilot- 
age. The pilots of Gloucester will be required to keep at least one 
decked boat, and said boat or boats shall be upon the cruising ground 
at all times, when the weather will permit. The pilotage on vessels 
outward bound shall be three-fourths of the inward rates. 

Salem and Beverly. — The pilots for the ports of Salem and Beverly 
shall keep one or more good decked boats, and shall cruise for the 
purpose of bringing vessels into said ports, whenever the weather 
does not render it impracticable. 

The harbor lines of the port of Salem and Beverly, shall be a line 
running north by east from Half- Way Rock to the northern shore, 
and a line running north-westerly from Half- Way Rock to Marble- 
head Fort, within which lines there shall be no compulsory inward 
pilotage. The rates for pilotage, both for inward and outward bound 
vessels, shall be as follows, viz. : for vessels drawing less than nine 
feet of water, ninety-five cents per foot ; for nine feet and less than 
eleven feet, one dollar and ten cents per foot ; for eleven feet and less 
than thirteen feet, one dollar and thirty cents per foot ; for thirteen 
feet and less than fifteen feet, one dollar and fifty cents per foot ; for 
fifteen feet and less than seventeen feet, one dollar and seventy-five 
cents per foot ; for seventeen feet and upwards, one dollar and ninety- 
five cents per foot. Any Salem and Beverly pilot having brought a 
vessel in, shall have such vessel properly moored in the harbor, or 
secured at the wharf, at the option of the master, within twelve hours 
afler the arrival of said vessel, if the weather permits, without extra 
charge ; but, if called upon after the expiration of the twelve hours, 
to haul any vessel into the wharf, the pilot shall be entitled to receive 
two dollars for his services, and the same sum for taking a vessel from 
the wharf into the harbor, if said vessel shall not proceed to sea within 
twelve hours from the time of her being anchored in the harbor. The 
signal for the pilot boats for the ports of Salem and Beverly, shall be 
their accustomed signal by day, viz. : a red flag with a white P, and 
a black ball painted on the upper part of mainsail and jib ; and by 
night a green light. 

MarUehead. — The rates of pilotage for vessels liable to pay pilot- 
age, bound into the harbor of Marblehead, shall be for vessels draw- 
ing from seven to eleven feet of water, sixty-seven cents per foot ; 
from twelve to fourteen feet, ninety cents per foot ; from fifteen to 
seventeen feet, one dollar and twenty cents per foot ; eighteen feet 
and upwards, one dollar and sixty cents per foot. 

The harbor limits of Marblehead shall be bounded by a line drawn 
from the south point of the Neck to Marblehead Rock, thence to Cat 
Island Rock, and thence westerly to Gerry's Island ; within this line 
there shall be no compulsory inward pilotage. The outward rates 
shall be the same as the inward. 



1862.— Chapter 176. 137 

Taunton River. — The pilotage for Taunton River shall not be com- Taunton River, 
pulsory. When the services of a pilot are required, the i-ates of 
pilotage on all vessels piloted from Fall River to Somerset, drawing 
not over twenty feet of water, two dollars. From Fall River to 
Dighton, on vessels drawing twelve feet of water, seven dollars : 
eleven feet, six dollars and fifty cents ; ten feet, six dollars ; nine feet, 
five dollars and fifty cents ; eight feet, five dollars ; under eight feet, 
four dollars. From Somerset to Dighton and Berkley, fifty cents per 
foot for vessels drawing from eight to twelve feet of water ; under 
eight feet, three dollars per vessel. The downward pilotage from the 
aforesaid places shall be one-half of the upward rates. 

Merrimack River and Harbors. — The pilotage on the Merrimack Merrimack River 
River, between Newburyport and Haverhill shall not be corapul- ^^^ iiarbora. 
sory. When the services of a pilot are required, the rates of pilot- 
age authorized by the commissioners shall be, between Newburyport 
and ship yards at Bellville, thirty cents per foot ; between New- 
buryport and Salisbury, fifty cents per foot ; between Newburyport 
and Amesbury, sixty-two and one-half cents per foot ; between New- 
buryport and Groveland, eighty-seven and one-half cents per foot; 
between Newburyport and Haverhill, one dollar per foot. 

Dorchester and Neponset. — The pilotage for the several landing Dorchester and 
places in the towns of Dorchester and Neponset, shall not be compul- Neponset. 
sory. When the services of a pilot are required, and are offered 
outside of a line drawn from the wharf on Thompson's Island in a 
direct line to Dorchester Point, the rates of pilotage authorized by 
the commissioners shall be, viz. : to Commercial Point, thirty cents 
per foot; to Neponset, forty cents per foot. The inward and outward 
rates to be the same. 

Hingham, Weymouth and Quincy. — The pilotage for the several Hingham, 
landing places in the towns of Hingham, Weymouth and Quincy, Qui^^y." 
below the bridges, shall not be compulsory. When the services of a 
pilot are required and are offered outside of a line drawn from Nan- 
tasket Point to the east point of Pettick's Island, from thence a line 
drawn to the north-west point of said Pettick's Island, from thence in 
a line to Sunk Island, from Sunk Island in a direct line to Hangman's 
Island, the rates of pilotage authorized by the commissioners shall 
be, viz. : To Hingham, fifty cents per foot, for vessels drawing ten 
feet and under ; eleven and twelve feet, sixty cents per foot. To 
Weymouth, Braintree or Quincy Point, ten feet and under, fifty cents 
per foot ; eleven and twelve feet, sixty cents per foot ; thirteen feet, 
seventy -five cents per foot ; fourteen feet, one dollar per foot ; fifteen 
feet, one dollar and ten cents per foot ; sixteen feet, one dollar and 
twenty-five cents per foot ; to East Weymouth, ten feet and under, 
sixty cents per foot ; eleven feet, sixty-five cents per foot ; twelve 
feet, seventy cents per foot ; thirteen feet, eighty-five cents per foot ; 
fourteen feet, one dollar per foot ; over fourteen feet, one dollar and 
twenty-five cents per foot. The inward and outward rates to be the 
same. 

Lynn. — The pilotage for the harbor of Lynn shall not be compul- Lynn, 
sory. When the services of a pilot are required, the rates of pilot- 



138 



1862.— Chapter 176. 



Mystic River. 



Station boats, 
Boston Imrbor. 



age shall be, viz. : To Lynn, on vessels drawing twelve feet or less 
of water, three dollars per vessel ; to "West Lynn, three dollars per 
vessel. Up the river through bridges, four dollars per vessel. The 
outwai-d rates shall be one-half of said inward rates. 

Mystic River. — The pilotage for Mystic River shall not be com- 
pulsory. When the services of a pilot are required, the rates of 
pilotage shall be, viz. : From outside of Chelsea Bridge in Boston 
harbor to Charlestown Neck or Maiden Bi'idge, thirty-five cents per 
foot ; to South Maiden, fifty cents per foot ; from Maiden Bridge or 
either of the railroad bridges to Medford, Maiden or Edgeworth, 
five dollars per vessel. The upward and downward rates to be the 
same. 

Charles River. — The pilotage on the Charles River, from outside 
of Charlestown Bridge, in Boston harbor, shall not be compulsory. 
When the services of a pilot are required, the rates of pilotage shall 
be— 

From outside of Charlesloion Bridge, in Boston Harbor, to Fiichhurg Rail- 
road Wharf, viz. : 

10 feet and under, 25 cents per foot. 

11 to 13 feet, 30 " " 

14 feet and upwards, 35 " " 

To Landings within State Prison Bridge. 
11 feet and under, 40 cents per foot. 

To Cragie's Bridge, including Lowell Railroad Wharves. 

10 feet and under, 35 cents per foot. 

11 to 13 feet, 40 " 

14 feet and upwards, 45 " " 

To Landings hetiveen ^Cragie's and Cambridge Bridges, including all Land- 
ings in Cambridgeport. 

11 feet and under, 40 cents per foot. 

From Cambridge Bridge to Willard's Bridge, in addition to the above rates. 

11 feet and under, 60 cents per foot. 

From Cambridge Bridge to Brighton Corner. 

9 feet and under, $6 per vessel. 

10 and 11 feet, 75 cents per foot. 

12 feet, 80 « 

13 feet, 85 « 

The upward and downward rates to be the same. 

Regulations for Station Boats in Boston Harbor. 

Pilot Boat, No. 1, will take her station as prescribed by the regu- 
lations for the port of Boston, and remain on said station one week, 



1862.— Chapter 177. 139 

when Pilot Boat, No. 2, will take said station. And each successive 
Monday, said station will be taken by the pilot boats, in the order of 
their numbers. Approved April 30, 1862. 

An Act concerning the hingham and quincy turnpike and Qhrtyt 177 

BRIDGES. 

Be it enacted, ^'c, as follows: 

Section 1. The turnpike, way, bridges, draws and piers Turnpike and 
belonging to the Hingham and Quincy Bridge and Turnpike JubifrhiKhway, 
Corporation, and lying in the towns of Quincy, Weymouth J^'y^, i862. 
and Hingham, are hereby laid out as, and shall become a 
public highway on the fourth day of July next ; and no 
tolls shall be demanded or received for passing thereon on or 
after that date, except as provided in the fifth section of this 
act. 

Section 2. So much of said turnpike and way, exclud- MaintoDance do- 
ing the abutments, bridges, draws and piers-, as lies in each *'°*'^' 
of the several towns of Quincy, Weymouth and Hingham, 
shall, on and after said fourth day of July next, be main- 
tained by them respectively. 

Section 3. The supreme judicial court, or any justice s. j. court, on 
thereof, upon application of said corporation or of ten legal appohu'commia- 
voters of either of the counties of Norfolk or Plymouth, ^'°°"^ *° •'•'": 

.. .."'„ ' niate and award 

shall appoint a board of commissioners, consisting of three damages. 
disinterested and suitable persons, not residents of either of 
said counties ; and it shall be the duty of said commis- 
sioners, after having been sworn to the faithful and impartial 
performance thereof, to estimate, and after due notice to all 
parties interested and a hearing, to determine and award 
the amount to be paid to said corporation as damages for 
the laying out of said turnpike, way, bridges, draws and 
piers as aforesaid, and also the amount to be paid for the 
toll-houses, and the land under and around them, belonging 
to said corporation, and to determine and decree in what 
proportions said amount shall be paid by the counties of 
Norfolk and Plymouth respectively. Said commissioners commissioners to 
shall also determine and decree what towns in Norfolk and ntf to"tow,!!r"iu 



Plymouth counties are benefited by the provisions of the Norfolk and piy- 

/> . .. r» ii • i J • 1 2 ,• 1 mouth counties, 

first section ot this act, and in what proportioiis and manner and report to sec- 
said towns shall defray the expense of the maintenance and monweauh *^ana 
repairs of said abutments, bridges, draws and piers, and all o"i"offl««"- 
other expenses properly incurred under the provisions of 
this act, not otherwise provided for therein ; and their 
determination and decree, or that of the major part of them, 
shall be made in writing and reported to the secretary of 
the Commonwealth, the chairmen of the boards of county 



sioners. 



140 1862.— Chapter 177. 

commissioners for the counties of Norfolk and Plymouth, 

the selectmen of each of the towns which shall be decreed 

to pay as aforesaid, and the clerk of said corporation, within 

sixty days from the date of their appointment, and shall be 

binding upon said counties and towns severally, in all 

respects, except in relation to the amount to be paid to said 

corporation as damages in case it shall appeal to a jury from 

Failure to appeal thc award of Said commissioners ; and if said corporation 

rende'^r*^ deTee'" ^ocs uot witluu sixty days after receiving the report of said 

biudiug. commissioners, as aforesaid, make its appeal to a jury, then 

the award and decree of said commissioners shall be abso- 

^!.n1rf ''°°'°''^' lutely binding upon all of the parties interested. The just 

fees and expenses of said commissioners shall be paid by 

such of the parties interested as the said commissioners 

shall decree. 

Corporation may SECTION 4. lu licu of sucli damagcs as shall be awarded 
dunng pendeMy! by said commissioncrs, said corporation shall have the right 
of appeal to a jury, in the same manner, except that the 
time within which an appeal may be entered shall be limited 
to sixty days as aforesaid, and subject to the same liability 
in regard to costs, as a party aggrieved by the doings of 
county commissioners in the estimation of his damages 
occasioned by the laying out of a highway, except that the 
application for such jury shall be made to and acted on by 
the commissioners of the county of Bristol, from which 
Costs, in case of, couuty the jury shall be summoned ; and the costs properly 
how pai . incurred by the commissioners of Bristol county, on account 

of said appeal, and the amount recovered by said corporation 
as damages and costs, shall be paid by said counties of Nor- 
folk and Plymouth, in the same proportions as shall be 
specified by the decree of said commissioners, 
fectm^^of Qufnl SECTION 5. Thc chairmcu of the selectmen of the towns 
cy, " Weymouth, of Quincy, Wcymouth and Hingham shall, on and after the 
have "are ""©r **' fourtli day of July next, have the care and superintendence 
g^^^s*^^' P'^''^' of said abutments, bridges, draws and piers, and cause them 
to be kept in good repair, and safe and convenient for travel, 
and the passage of vessels, and shall provide draw-tenders 
and all necessary agents, and discharge all the duties 
hitherto incujpbent upon said corporation relative to the care 
and maintenance of said abutments, bridges, draws and 
piers ; and they shall also have the care and superintendence 
of any land or houses that may be obtained under the pro- 
To^'Mimitation vislous of tliis act. Said selectmen shall cause tolls to be 
taken at said bridges from the fourth day of July next, till 
the third day of July in the year eighteen hundred and 
sixty-four, and no longer, at the same rates as have been 



1862.— Chapters 178, 179. 141 

charged by said corporation : — and the tolls so taken after 
paying the necessary incidental expenses, shall be applied 
to placing said bridges in a better state of repair. 

Section 6. Liability for defects in said abutments, Liability j-or de- 
bridges, draws and piers, shall exist on the part of the towns plere'etc. " ^'^' 
wherein they respectively lie, in like manner as in case of 
defects in town ways ; and the damages and costs which 
may be recovered on account of such defects, shall be paid 
by such towns as said commissioners shall decree, in the 
same nianner and in the same proportions as they shall 
severally be required to contribute for the repairs and 
maintenance thereof. 

Section 7. Chapter one hundred and forty of the acts Repeal. 
of the year eighteen hundred and sixty, is hereby repealed. 

Section 8. This act shall take effect upon its passage. 

Approved April 30, 1862. 

An Act in relation to hawkers and pedlers. Chap. 178 

Be it enacted, §'c., as follows : 

Nothing in the thirteenth section of the fiftieth chapter General statutes, 

/»i/-H ir-i ini 1 J* IT construction de- 

of the General Statutes shall be so construed as to include fined, 
therein any articles of the growth or production of foreign 
countries. Approved April 30, 18G2. 

An Act concerning the estates of insolvent debtors. Chap. 179 
Be it enacted, Sfc, as follows: 

Section 1. The schedules required by the twentieth and schedule re- 
twenty-second sections of chapter one hundred and eighteen nsraenf Itll' 
of the General Statutes, shall be made on oath, and shall be 
delivered by the debtor, to the register of the court of insol- 
vency, within five days after the date of the warrant issued 
against his estate. The schedule of the debtor's real and Kstate, how de- 
personal estate shall particularly describe any and all ^" '"^' 
incumbrances existing on said estate or any part thereof, 
with the date when each of said incumbrances was created 
and the considerations thereof. But nothing contained in construction de- 
this section shall be so construed as to excuse the delivery, °'"-"''" 
by the debtor to the messenger, of the schedule of creditors 
now required by said twentietli section. 

Section 2. The judge of the court of insolvency, at any judge of insoi- 
time after a warrant has issued against the estate of an action Sr^r^cov- 
insolvent debtor, and before the appointment of an assignee, ",{„tu,^^°t''of *P" 
may order the messenger to commence an action for the assignee, 
recovery of any debt due to the debtor, or do any other act 
that might be done by an assignee, if in his judgment the 
interests of the persons concerned in said estate will be 



142 1862.— Chapter 179. 

promoted thereby. Said order may be made in or out of 
court. The messenger shall thereupon, in his own name, 
commence and prosecute any action necessary for the 
recovery of any claim or demand described in said order, or 
do any other act whicli he is therein directed to perform, as 
Assignee may If lic wcrc assignce. If, when the assignee is appointed, 
twmin'^d^M'tfo'n. ^^y action, suit, or proceeding commenced by the messenger 
is not determined, the assignee may in his own name, or in 
the name of the messenger, with his consent, prosecute the 
same to final judgment, or otherwise proceed concerning the 
same conformably to law. 
Judge may ap. SECTION 3. When at the first meeting of the creditors of 
point assignees. ^^^ jnsolvent dcbtor, thc judge deems that it will be for the 
interest of the parties concerned, he may appoint one or 
more disinterested persons to be assignee or assignees of the 
estate of the debtor, without any election by the creditors. 
Assignee to give SECTION 4. Evcry assigncc, before entering upon the 
tiesfa^provedTy cxccution of his trust, shall give bond with sufficient sureties 
judge. -j^ g^^^j^ g^^j^-^ j^g ^i^g judge shall order, payable to the jndge 

and his successors in office, with condition for the faithful 
performance and discharge of his duties. The bond shall 
be approved by the judge by his endorsement thereon, shall 
be filed with the record of the case, and inure to the benefit 
of all creditors proving their claims, and may be prosecuted 
in the manner provided for the prosecution of administration 
bonds. 
Attachments on SECTION 5. Tlic provisious of scctiou ouc hundred and 
dissorvedTy"'de- twenty-scveu of the one hundred and eighteenth chapter of 
fendant's bond. ^|jg General Statutes, are hereby extended to cases in which 
attachments on mesne process have been dissolved by bond 
given by the defendant. In all such cases the plaintiff may 
prove against the debtor's estate the legal fees, costs and 
expenses of the suit, and of the custody of the property, and 
the amount thereof shall be a privileged debt. 
Notice of meet- SECTION 6. Thc uoticc of tlic third, and all subsequent 
tilfn o7 accounts' mcctiugs of crcditors, shall contain a statement that the 
accounts of the assignees will be presented, and that cred- 
itors may appear and object to the allowance thereof. Spe- 
cial notice of the presentation of accounts may be ordered 
at other times by the judge, and shall be given in such 
manner as he shall direct. And in all cases the judge shall 
pass upon the reasonableness of the accounts of assignees, 
though no creditor appears to object. 
Assignee may re- SECTION 7. If a mortgage is forccloscd, pending pro- 
for"ios"ddurfng cccdings iu insolvency, and before the appointment of an 
proceedings. assigncc, or within sixty days thereafter, the assignee, when 



1862.— Chapters 180, 181. 143 

appointed, may redeem the same at any time within sixty 
days after his appointment, with similar remedies, to those 
provided by law, for the redemption of mortgages before 
foreclosure. 

Section 8. When by reason of proceedings in the supreme second and third 
judicial court, or for other cause, the second or third meet- hms'Td^I "f'*" 
ings of creditors cannot be held within the time required ^oyding. 
by law, they may be held within such further time as the 
judge of the court of insolvency shall direct. 

Section 9. The one hundred and twenty-third section Repeal, 
of the one hundred and eighteenth chapter of the General 
Statutes, and all acts and parts of acts inconsistent with 
the provisions of this act, are hereby repealed. 

Approved April 30, 1862, 

An Act relating to the election of town officers. Chan. 180 

Be it enacted, Sj-c, as follows : 

Section 1. In the election of town officers, it shall not check ust, use 
be necessary to find and check the name of the voter in the except'et^^' 
list of voters, except in the cases where the election is, or 
may be, required by statute to be by ballot; and in all 
other cases, the check-list shall be used or not, as the town, 
at its meeting, may determine. 

Section 2. The election of town officers in the several Previous eiec 
towns in the Commonwealth, heretofore made at the annual """^ 'egaiized. 
town meetings, so far as the same may appear illegal, for 
the reason that the check-list was not used in the election 
of said officers, or of 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 3. This act shall take effect upon its passage. 

Approved April 30, 1862. 

An Act RELATING TO MUTUAL FIRE INSURANCE companies. CkaD iSl 

Be it enacted, ^'c, as follows: " 

Section 1. Whenever the directors in any mutual fire s. j. court may, 
insurance company shall make an assessment, or call on i^s Sec'iae"''uion'n"'. 
members for money, or shall by vote determine that there ^^'^Ji^'y ^"^'■^'^j'.''^*'- 
exists a necessity for such assessment or call, they, or any orannuuame.' ^ 
person interested in the company as an officer, policy-holder 
or creditor, may apply to the supreme judicial court for any 
county, l)y a petition in the nature of a bill in equity, 
praying the court to examine said assessment or call, the 
necessity therefor, and all matters connected therewith, and 
to ratify, amend or annul the assessment or call, or to 



144 1862.— Chapter 181. 

order that the same be made, as law and justice may require : 
Proviso. provided, such application when made by any party, except 

the corporation, or a receiver, or the insurance commissioners, 
Upon neglect of shall rcst.iu the discretion of the court. And whenever the 
toro'r'otherparty ^^^'^ctors shall unreasonably neglect to make an assessment 
may apply to S.J. qf Call, to satisfv au admitted or ascertained claim upon the 

Court. ' •'. , , T , r 1 J • 

company, any judgment-creditor, or any person holding 
such admitted or ascertained claim, or the insurance com- 
missioners, may make the application to the court. Upon 
such application, if made by the directors, or upon any 
order of court if made by application of any other party, 
the directors shall set forth the claims against the company, 
its assets and all other facts and particulars appertaining to 
the matter. 
Upon filing of pe- SECTION 2. The court before which such petition is filed 
8hau°pro"eed to shall ordcr notice to be given to all parties interested, by 
examine, &c. publication or otherwise, and upon the return thereof shall 
proceed to examine the assessment or call, or the necessity 
therefor, and all matters connected therewith ; and any 
parties interested may appear and be heard thereon, and all 
questions that may arise shall be heard and determined as 
in other equity cases. The court may refer the apportion- 
ment or calculation to any competent person ; and upon the 
examination, may ratify, amend or annul the assessment or 
call, or order one to be made. In case the assessment or 
call is altered or amended, or one is ordered to be made, the 
directors shall forthwith proceed to vote the same in legal 
form, and the record of such vote shall be set forth in a 
supplemental bill or answer. 
Decree of court SECTION 3. Whcu au asscssmcut Or call has been, as 
as" binding Tnd abovc providcd, ratified, ascertained or established, a decree 
conclusive. ^^^^^ ^^ entered which shall be final and conclusive upon 
the company and all parties liable to the assessment or call, 
as to the necessity of the same, the authority of the company 
to make or collect the same, the amount thereof, and all 
, formalities connected therewith. And where an assessment 
or call hereafter made shall be altered or amended by vote 
of directors, and decree of the court thereon, such amended 
or altered assessment or call shall be binding upon all parties 
who would have been liable under it as originally made, and 
in all legal proceedings shall be held to be sucji original 
Cost of proceed- asscssmcut or Call. All proceedings above provided for, 
^^^' shall be at the cost of the company, unless the court, for 

cause, otherwise order ; and in all cases the court may 
control the disposition of the funds collected under these 
proceedings. 



1862.— Chapter 181. 1-45 

Section 4. So much of section fifty-two of chapter fifty- Repeal of statute 
eight of the General Statutes, as provides for the creation "^"^ ""^ 
of a lien by a policy of any insurance company, and for the 
proceedings to enforce the same, is hereby repealed ; but 
this act shall not be construed to extend to any liens hereto- 
fore created. 

Section 5. No director in any mutual fire insurance Liability of direc- 
company shall cease to be such during the year for which *°''^' 
he was elected, on account of the cancelling of any policy 
held by him. 

Section 6. The form of return for mutual fire insurance Form of rctum 
companies appended to the fifty-eighth chapter of the General *™^° 
Statutes, marked " C," is hereby repealed, and the form 
appended to this act shall hereafter be used for the annual 
statement of affairs by such companies. And all companies 
having policies in separate classes, shall in their answers 
specify the respective amounts in each class. • 

Section 7. This act shall take efiect upon its passage. 

[C] 

FORM OF RETURN FOR MUTUAL FIRE INSURANCE COMPANIES. 

1. Name of company. 

2. Where located. 

3. When incorporated. 

4. Date of commencement of business. 

5. Amount insured by existing poUcies. 

6. Amount of premiums and deposits on same. 

7. Amount of premiums on same received in cash. 

8. Amount of United States and State stocks or notes ; state par 
value and market value of each. 

9. Amount of bank stocks, railroad stocks and bonds ; state num- 
ber of shares in each bank and railroad company, and par value and 
market value of each. 

10. Cost value of real estate owned by the company. 

11. Amount loaned on mortgage of real estate. 

12. Amount of other investments. 

13. Cash on hand and in bank. 

14. Cash in hands of agents. 

15. Amount of assessments regarded good, due and not paid. 

16. Amount of losses ascertained and unpaid. 

17. Amount of other losses claimed. 

18. Amount owed for borrowed money, and on what securities. 

19. Amount owing for dividends on expired policies, 

20. Amount and particulars of all other liabilities. 

21. Estimated amount in cash required to re-insure all outstanding 
risks. 

22. Amount of policies terminated the past year. 

23. Amount of policies issued the past year. 

2G 



146 1862.— Chapters 182, 183. 

24. Amount of premiums received in cash the past year. 

25. Amount of premiums received in notes the past year. 

26. Amount received on assessments the past year. 

27. Amount received for interest, inchiding dividends on stocks 
and all other revenue on investments, the last year. 

28. Amount of losses paid the last year. 

29. Amount of cash dividends paid to policy-holders the past year. 

30. Amount paid in cash as return premiums on policies cancelled 
the past year. 

31. Amount for expenses, taxes and commissions. 

32. State the gain or loss in investment account arising from 
changes in market values of securities the past year. 

33. Amount assessed the last year. 

34. Amount of liability to future assessment. 

35. Highest rate of interest paid. 

36. Highest rate of interest received. 

37. Amount insured on real estate. 

38. Amount insured on personal estate. 

39. What proportion of the property insured is in Massachusetts ? 

40. What proportion of the losses was on property in Massachusetts ? 

Approved April 30, 1862. 



C%;. 182 



An Act concerning joint stock associations. 

Be it enacted, ^'c, as folloivs : 

Section 1. The provisions of the sixty-first chapter of 
the General Statutes shall include any agricultural or horti- 
cultural business. 

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

Approved April 30, 1862. 

Chap. 183 -^^ ■^'^'^ ^^ RELATION TO THE COLLECTION OF TAXES. 

Be it enacted, ^"c, as folloivs : 

At adjourned SECTION 1. If at thc time and place appointed for the 

"/estate, no \?id salc of real estate taken for taxes, as provided in the thirty- 

S sTair'put tliird section of the twelfth chapter of the General Statutes, 

chase for town, j^q pcrsou shall appear and bid for the estate thus offered 

for sale, or the rents and profits thereof, or for the whole or 

any part of the land, an amount equal to the tax and 

charges, and the sale shall have been adjourned from day to 

day, as provided in the thirty-fourth section of the said 

chapter, a public declaration of the fact shall then and 

there be made by the collector ; immediately after which, 

provided no bid shall be made equal to the tax and charges, 

the collector shall give public notice that he shall, and that 

he then and there does, purchase on behalf of the town 

or city by which the tax is assessed, the said estate, in one 

of the forms set forth in the thirty-third section of said 

ProTiso. chapter : provided, however^ that no sum exceeding the 



1862.— Chapter 183. 147 

amount of the tax and the incidental costs and expenses of 
levy and sale shall be offered by him therefor. 

Section 2. The deed to be given by the collector in Form of deed to 
such case shall, in addition to the statements by law required, tectS!"" ^^ '"'^' 
set forth the fact of the non-appearance of a purchaser at 
the sale advertised by him, and shall confer upon such town 
or city the same rights as belong to an individual to whom 
such a deed may be given. And the several towns and 
cities of this Commonwealth, in their corporate capacity, 
are liereby authorized as holders of said deeds, to exercise 
the same rights and perform the same duties as any indi- 
vidual purchaser of real estate taken for taxes. 

Section 3. If within ten days after the sale of real J'^'J^"''^^^^'^ "f «■"- 
estate for the payment of taxes, any purchaser thereof shall wHhinVndaysf 
fail to pay to the collector the sum offered by him, and 
receive his deed, the sale shall be null and void, and the 
town or city shall be deemed to be the purchaser of the 
estate according to the provisions of this act. And the Deed to town if 
deed to be given by the collector in such case, shall in addi- pur'^i^=^sei- fun. 
tion to the statements now required by law, set forth the 
fact of the preceding sale, and the failure of the purchaser 
to pay the sum offered as aforesaid. 

Section 4. The deed given to a town or city under the custody of deed 
provisions of this act shall be placed in the custody of the '° '°"'°" 
treasurer thereof, to whom all applications for the redemp- 
tion of the estate sold, under the provisions of law, shall be 
made. And the several towns and cities of the Common- Town may make 
wealth may make such regulations for the custody, manage- cefningesutes"" 
ment and sale of such estates, and the assignment of the 
tax titles thus obtained, not inconsistent with the laws of 
tlie Commonwealth, as they may deem expedient. But 
nothing herein contained shall take from the owner of said 
real estate, or his heirs or assigns, the right to redeem the 
same, as provided in section thirty-six, chapter twelve, of 
the General Statutes. 

Section 5. The amount of the tax and all incidental collector allowed 
costs and expenses of levy and sale provided for by law, 
which shall be included in any sale in accordance with the 
provisions of this act, shall be allowed the collector in his 
settlement with such town or city. 

Section 6. In the deed which the collector shall execute special warranty 
and deliver, as provided in section thirty-five of chapter ""'*'''^' 
twelve of tlie General Statutes, there shall also be inserted 
a special warranty that the sale has in all particulars been 
conducted according to the provisions of law ; and, if it uedress of pur- 
should subse(iuently appear that, by reason of any error, etlT" " '''""' 



148 



1862.— Chapter 183. 



Estate not re- 
deemed by own- 
er, town may 
sell, &c. 



Taxation of es- 
tate purchased 
by town. 



Persons impris- 
oned for non- 
payment may 
take poor debt- 
or's oath. 



Charges and 
fees. 



omission or informality, in any of the proceedings of assess- 
ment or sale, the purchaser has no claim upon the property 
sold, there shall be paid to said purchaser, upon his surren- 
der and discharge of the deed so given, by the town or city 
whose collector executed said deed, the amount paid by him, 
together with ten per cent, interest per annum on the same, 
whicli shall be in full satisfaction of all claims for damages 
for any defect in the proceedings. 

Section 7. If the owner does not redeem the property 
so purchased by the city or town within the time prescribed 
by the thirty- sixth section of the twelfth chapter of the 
General Statutes, said town or city may at any time proceed 
to sell the said real estate at public auction, after having 
given the same notice as is required in section twenty-eight, 
chapter twelve of the General Statutes, executing and 
delivering to the highest bidder therefor, a quitclaim deed ; 
and from the money arising from said sale shall be deducted 
the expenses of making the sale, together with the amount 
paid at the first sale for tax and charges, with ten per cent, 
interest per annum thereon, and all intervening taxes and 
necessary charges ; and the balance, if any, shall be deposited 
in the city or town treasury to be paid to the party legally 
entitled to the estate if the same had not been sold for taxes, 
if the same shall be called for within five years ; and if not 
demanded within that time the same shall enure to the 
benefit of said city or town. 

Section 8. If any estate shall be purchased by any city 
or town, according to the provisions of this act, taxes shall 
be assessed upon the same in the same manner as though 
the same were not so purchased ; and said taxes shall be 
deducted from the proceeds of the final sale, as provided in 
the previous section. 

Section 9. When a person committed to prison for non- 
payment of taxes desires to take the oath for the relief of 
poor debtors, as provided in section fifteen, chapter twelve 
of the General Statutes, lie may represent the same to the 
jailer, and the jailer shall make the same known to some 
magistrate named in section one, chapter one hundred and 
twenty-four of the General Statutes, and the magistrate 
shall thereupon appoint a time and place for the examina- 
tion of the debtor, and shall direct the jailer to cause the 
debtor to be present at the same, and shall further proceed 
as directed in section fifteen of said chapter twelve. 

Section 10. The following charges and fees, and no 
other, shall be allowed to the collector, and shall be added 



1862.— Chapter 184. 149 

to the amount of the tax, as provided in section thirty- 
three of chapter twelve of the General Statutes : 

For making a written demand, twenty cents ; 

For preparing advertisement, fifty cents ; 

For advertisement in newspaper, the actual 'cost of the 
same ; 

For posting up notices in one or more public places, 
twenty cents for each notice ; 

For posting up notices on each piece of real estate, twenty 
cents ; 

For copy of notice, and the publication thereof, and 
obtaining affidavit of disinterested person, fifty cents ; 

For recording affidavit at registry of deeds, the fees of 
the register ; 

For preparing deed, two dollars ; 

For poundage, four per cent, on the first hundred dollars, 
two per cent, on the second hundred dollars, and one per 
cent, on the balance of the tax. 

And in the event that any delinquent tax-payer offers to 
pay the tax before the day of sale, such charges shall be 
added to the tax as have intervened at the time of said oifer 
to pay. 

Section 11. Section ninety-six of chapter one hundred General statutes 
and eighteen of the General Statutes is hereby amended, by *™«°'^«'*- 
adding at the end of the first clause therein, after the word 
" state," the words " or any county, city or town therein," 
so that county, city and town taxes shall be entitled to the 
same priority or preference as state taxes are now entitled 
to in cases of insolvent debtors. Approved April 30, 1862. 

An Act concerning the Indians of the commonavealth. ChciD 184 

Be it enacted, §-c., as follows: 

Section 1. All Indians and descendants of Indians are civu rights de- 
hereby placed on the same legal footing as the other inhabi- *'^'"'^'^' 
tants of the Commonwealth, except such as are or have been persons except- 
supported in whole or in part by the state, and except also ^'^- . 
those residing on the Indian Plantations of the Ciiappcquid- 
dick, Christiantown, Gay Head, Marshpee, Herring Pond, 
Fall River and Dudley tribes, or those whose homes are on 
some one of said Plantations and who are only temporarily 
absent tiierefrom. 

Section 2. Any Indian or person of color belonging to Excepted porsoa 
any of the Indian tribes specially enumerated in the first rights!'"'"'"*' 
section of this act, and to whom the rights of citizenship arc 
not thereby extended, and who desires to possess such rights, 
may, if residing within the limits of any city or town of this 



150 



1862.— Chapter 184. 



Act not to a£fect 
rights, &c., of 
existing tribes, 



District of Gay 
Head estab- 
lished. 



Commonwealth, certify his desire to the clerk of said city or 
town, who shall make record of the same ; and, upon paying 
a poll-tax, he shall become to all intents and purposes a 
citizen of the state and shall not thenceforward return to 
the legal condition of an Indian. Settlement shall be 
acquired by those who thus become citizens, in the same 
manner as by other persons ; and any such citizen becoming 
a pauper without having acquired a settlement shall be 
deemed a state pauper. 

Section 3. The provisions of this act shall not be deemed 
or taken to change the existing laws affecting the rights of 
prowded!"^ ^^^"^ property or person, or tlie administration of the affairs, of 
the Indians or descendants of Indians continuing to be mem- 
bers of and to constitute the Cliappequiddick, Christiantown, 
Marshpee, Herring Pond, Fall River and Dudley tribes of 
Indians ; except as is hereinafter provided as to the Gay 
Head tribe, and as to the registration of the persons or lands 
of those and of the other Indians. 

Section 4. The Plantation of Gay Head, together with 
the Indians and people of color constituting the Gay Head 
tribe of Indians, are hereby made a body politic and cor- 
porate, as a district, by the name of the District of Gay 
Head, to possess the same powers and privileges and be 
subject to all the duties and liabilities, which are now 
provided by law for the District of Marshpee : provided, 
however, that no person shall be authorized to vote in 
municipal affairs, except natives of the Gay Head tribe, or 
of other Indian tribes of this state, married or having been 
married to a Gay Head woman, or such other person resident 
on the Plantation or only temporarily absent therefrom, and 
married or having been married to a Gay Head woman, as 
shall have the right conferred on him by two-thirds of the 
voters of the district. And the acting clerk of the Planta- 
tion of Gay Head shall by proper notice cause the male 
proprietors thereof to meet at some convenient time and 
place by him designated to organize the said district. 

Section 5. The clerks of the Districts of Marshpee and 
Gay Head, and the guardians of other Indian tribes, shall 
make or cause to be made a register of the existing mem- 
bers of said tribes, and shall hereafter keep or cause to be 
kept a register of all the members thereof, and of all the 
marriages, births and deaths therein ; and they shall also 
make or cause to be made a register of the lands of each 
Plantation, as at present held, whether in common or 
severalty, and if in severalty, by wliom held ; and shall 



1862.— Chapters 185, 186, 187. 151 

hereafter keep or cause to be kept a register of all changes 
in the holding of the land of the Plantation. 

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

Approved April 30, 1802. 



Chap. 185 



An Act kelating to the discharge of liens on ships and 

VESSELS. 

Be it enacted, §'c., as follows : 

Whenever a contractor or sub-contractor shall unreason- upon neglect of 
ably neglect or refuse to pay for labor by him procured to pay'^r^uibor" 
be performed in constructing, repairing or launching any ,?^^" author- 
ship or vessel upon which a lien shall exist therefor, the 
owner or other person who made the agreement with such 
contractor or sub-contractor, may pay the debt secured by 
said lien, and have the same claim against such contractor 
or sub-contractor as if the said lien had been enforced by 
judgment of court. Approved April 30, 1862. 



An Act to incorpokate the putnam hall association in cam- Chap. 186 

BRIDGE. "' 

Be it enacted, Sf'c, as follows : 

Section 1. Knowltoii S. Chaffee, George S. Mitchell, corporators. 
John H. Leighton, Augustus P. GriflBng, and James M. 
Price, their associates and successors, are hereby made a Title, 
corporation by the name of the Putnam Hall Association 
in Cambridge, for the purpose of providing and maintaining Purpose. 
a building in said Cambridge, which shall contain a hall or 
halls, and other rooms. 

Section 2. Said corporation may, for the purposes afore- Real estate, 
said, hold real estate, not exceeding in value, twenty thousand 
dollars, and shall be subject to all the duties, liabilities and Privileges and 
restrictions, set forth in the sixty-eighth chapter of the '''''™"°"''- 
General Statutes. Approved April 30, 1862. 

An Act to regulate the investments and securities of the Chat) 187 

COMMONWEALTH. -* * 

Be it enacted, Sfc., as follows: 

Section 1. All moneys belonging to funds over which xru.st funds, how 
the Commonwealth has exclusive control, shall hereafter be '"'''-'*^"'*- 
invested in securities of said Commonwealth, or in the notes 
or bonds of the several counties, cities and towns thereof, or 
in the scrip or bonds of the several New England States, of 
the state of New York, or of the United States ; and said 
investments shall be made by the treasurer of the Common- 
wcaltli, with the approval of the governor and council. 

Section 2. It shall be the duty of the governor annually, councu to exam- 
in tlie month of August, to appoint a committee of the '"'"^"'''"**" 



152 1862.— Chapter 188. 

council who shall examine into the value of the notes and 
securities in charge of the treasurer of the Commonwealth, 
Governor and aud rcport tliercupou to the governor and council, who may, 
re"°treaTurer!' if they fiud good and Sufficient cause, direct said treasurer 
to make sale of, or collect by due course of law, any such 
notes or securities, over which the Commonwealth has 
exclusive control, aud invest the proceeds according to 
section first. 

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

Approved April 30, 1862. 

Chap. 'ISS -^^ -^^"^ CONCERNING ACTIONS BY OR AGAINST PERSONS IN THE MILI- 
-* * TARY OR NAVAL SERVICE OF THE UNITED STATES. 

Be it enacted, Sj-c, as follows : 
Absence not to SECTION 1. The time of the absence from the Common- 
aff«ct rights. -wrealth, of any person heretofore or hereafter duly mustered 
or entered into the military or naval service of the United 
States, under any act of congress making provision to sup- 
press the existing insurrection and enforce the laws, shall 
not be taken as part of the period limited for the prosecution 
Proviso. of actions by such person : provided, that nothing herein 

contained shall have the effect to extend said period more 
than six months after such person shall have been discharged 
from the service of the United States. 
Defendant when SECTION 2. Whcu judgmcut shall havG been rendered 
g^ue'"out'^ writTf upou thc dcfault of any defendant absent from the Common- 
review, wealth in the military or naval service of the United States 
as aforesaid, it shall be lawful for such defendant at any 
time within six months after his discharge from such service, 
to sue, as of right, a writ of review out of the court in which 
the judgment was rendered, in manner and form as provided 
by the General Statutes. 
Defendant absent SECTION 3. Whenever in any suit it shall be made to 
tiZloTsuspTn'd appear to the court that the defendant is absent from the 
»""• Commonwealth in the military or naval service of the United 
- States, as aforesaid, the court may in its discretion order the 
suit to be continued without costs to either party ; and if in 
such suit any person be summoned as trustee of such defend- 
ant, so absent as aforesaid, or the person summoned in any 
suit as trustee be so absent in the military or naval service 
of the United States as aforesaid, the court may also in its 
discretion suspend the proceedings against the alleged trus- 
Proviso. tee without costs to either party : provided, that no such 
continuance shall be allowed beyond tiie period of six months 
after the discharge of such principal defendant or alleged 
trustee from the service of the United States. 



1862.— Chapters 189, 190. 153 

Section 4. None of the provisions of this act shall be Act, how con- 
deemed to apply to any case in which an executor or admin- 
istrator is party, either as plaintiff or defendant. 

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

Approved April 30, 1862. 
An Act relating to the discharge of convicts supposed to be Chan. 189 

REFORMED. ^ * 

Be it enacted, Sfc, as follows : 

Section 1. When it appears to the overseers or directors certain convicts 
of a house of correction, house of industry, or workhouse, ed^on* ewaencli 
that a person there confined on conviction, before any police ^''' 
court, of either of the offences mentioned in section twenty- 
eight of chapter one hundred and sixty-five of the General 
Statutes, has reformed and is willing and desirous to return 
to an orderly course of life, they may by a written order 
discharge him from confinement. 

Section 2. So much of the seventeenth section of the one Repeal, 
hundred and seventy-eighth chapter of the General Statutes 
as is inconsistent herewith, is hereby repealed. 

Approved April 30, 1862. 

An Act in relation to the levy of executions upon lands not Chap. 190 

ATTACHED ON MESNE PROCESS. -^" 

Be it enacted, Sj-c, as follows: 

Section 1. In cases where lands are taken on execution, omcer shaii de- 
the same not having been attached on mesne process, in the Sion°''with *"" 
suit in which the execution issues, the officer upon taking cierk of court, 
the lands shall deposit in the office of the clerk of the courts 
for the county where the lands lie, or in the office of the 
clerk of the supreme judicial court, if the lands lie in the 
county of Suffolk, a copy of the execution, with a memoran- 
dum on the same, stating that the execution has been placed 
in his hands for the purpose of taking the lands of the 
defendant. 

Section 2. The clerk shall note on every such copy, Dutyof cierk. 
the day, hour and minute when he receives it, and shall file 
the same in his office. He shall also enter in the book kept 
by him for the purpose of entering the names of plaintiffs 
and defendants in suits where attachments of real estate are 
made, the name of the plaintiff and the name of the defend- 
ant mentioned in the copy, and the time when the copy was 
deposited. 

Section 3. The officer depositing the copy shall be enti- Foes. 
tied to receive four cents per mile from the place where he 
received the execution, to the office of the clerk, together 

27 



154 1862.— Chapters 191, 192. 

with his fee for the copy. The fee of the clerk shall be 
twenty-five cents, for which he shall not be holden to render 
any account, and which shall be paid on delivery of the copy, 
and may be collected by the plaintiff in addition to the 
amount of his execution. 
Levy invalid be- SECTION 4. No Icvy upou land shall be valid against a 
ptwitedf^ " ^ person purchasing without notice, for a valuable considera- 
tion, and in good faith, before the copy of the execution is 
deposited in the clerk's office, in accordance with the pro- 
visions of section first of this act. 
Construction. SECTION 5. Notliiug in tlus act shall be construed to affect 

any existing levy or seizure. Approved April 30, 1862. 

Chap. 191 -^^ -^CT IN RELATION TO THE WINNISIMMET RAILROAD COMPANY. 

Be it enacted, §'c., as folloivs : 

May use tracks SECTION 1. The Winnisimmct Railroad Company is 
pa^"" " ""^ hereby authorized to enter upon and use with its horses and 
cars, the tracks of any other horse railroad company in the city 
of Boston, for the purpose of transporting its own passengers 
to and from Scollay's Building, so called, in Court Street, in 
said Boston, or such point northei'ly of Cornhill, as shall 
from time to time be fixed by the mayor and aldermen of 
the city of Boston, subject to the convenience of the corpo- 
rations owning the tracks which it may be necessary to use 
City council may for such purposc, and subject also to the permission of the 
Ho^a."^'' '■''^"'*' mayor and aldermen of said city, and such regulations as 
they may establish in regard to such use, and for such rates 
of compensation as may be agreed upon, or in case of dis- 
agreement with either of the companies, whose tracks shall 
be so used, the same shall be fixed by three commissioners 
appointed by the supreme judicial court. 
f^Tits^rcaa^ Section 2. Said railroad company may lease its real 
estate, tracks, franchise and rights to any person or persons, 
or any other horse railroad company, for such term of years 
as may be agreed upon by the contracting parties. 

Approved April 30, 1862. 

Chan. 192 -^^ ■^'^'^ ^^ relation to the LYNN AND BOSTON RAILROAD COMPANY. 

Be it enacted, ^'c, as follows: 

May use tracks SECTION 1. The Lyuu and Bostou Railroad Company is 
companyr&c"'" hcrcby autliorizcd to enter upon and use with its horses and 
cars, the tracks of the Winnisiramet Railroad Company 
within the city of Chelsea, the lands, ferry-ways, drops and 
boats of the Winnisimmet Ferry Company, and the tracks 
of any horse railroad company in the city of Boston, for the 
purpose of transporting its own passengers to and from 



1862.— Chapters 193, 194, 195. 155 

Scollay's Building, so called, in Court Street, iu said Boston, 

or such point northerly of Cornhill as shall be from time to 

time fixed by the mayor and aldermen of the city of Boston, 

subject to the convenience of the corporations whose tracks 

it may be necessary to use for such purpose, and subject also city councils 

to the permission of the mayor and aldermen of said cities, and reguutVoM'.'^"^ 

such regulations as they may establish in regard to such use, 

and for such rates of compensation as may be agreed upon ; 

or, in case of disagreement with either of the companies Disagreement, 

whose tracks shall be so used, the same shall be fixed by '"'"' determined. 

three commissioners, to be appointed by the supreme judicial 

court. 

Section 2. Said railroad company may lease its real company may 
estate, tracks, franchise and rights to any person or persons, '"^"'^'^"■^ ■ 
or to any other horse railroad company, for such term of 
years as may be agreed upon by the contracting parties. 

Section 3. Section seventeen of the the two hundred and uepeai. 
second chapter of the acts of the year eighteen hundred and 
fifty-nine, is hereby repealed. 

Section 4. The time for constructing the road of said Time of con- 
company in the towns of Swampscott and Marblehead, is ^"'"'''"'s- 
hereby extended for two years. Approved April 30, 1862. 

An Act TO INCUEASE THE CAPITAL STOCK OF THE TAUNTON COPPER QfiQv) 193 
MANUFACTURING COMPANY. "' 

Be it enacted, ^t., as folloios : 

The Taunton Copper Manufacturing Company is hereby increase author- 
authorized to increase its capital stock an amount not exceed- '^'^• 
ing three hundred thousand dollars, and to invest the same 
in real or personal estate, as may be necessary and con- 
venient for carrying on the business of said corporation. 

Approved April 30, 1862. 

An Act to change the name of the globe locomotive works. 
Be it enacted, §'c., as folloios: 

The title of the corporation named the Globe Locomotive 
Works is hereby changed by striking out the word " Locomo- 
tive " so that the name and title of the said corporation shall 
be the " Globe Works." Approved April 30, 1862. 

An Act ceding jurisdiction over certain lands in chai 

town to the united states. 
Be it enacted, §'c., as follows : 

Section 1. Jurisdiction is hereby granted and ceded to Land ceded for 
the United States of America, over all that certain lot or °'''^^'""''' 
tract of land, with the l)uildings thereon, situate in the city 
of Charlestown, in this Commonwealth, on Water Street, and 
lying between the wall on the south-westerly side of the navy 



Chap. 194: 



Chap. 195 



156 1862.— Chapter 196. 

yard and Caswell's Wharf, so called, containing about one 
hundred and twenty thousand square feet ; and consent is 
hereby given to the purchase of the same by the United 
States, for the purpose of using the same as a part of the 
navy yard : provided, always, that this Commonwealth shall 
retain and does retain concurrent jurisdiction with the 
United States, in and over all the lands aforesaid, so far as 
that all civil and all criminal processes, issuing under the 
authority of this Commonwealth, may be executed on said 
lands, and in any buildings thereon, or to be erected there- 
on, in the same way and manner as if jurisdiction had not 
been granted as aforesaid; and provided, that the exclusive 
jurisdiction shall revert to, and revest in the Commonwealth 
of Massachusetts, whenever the said land shall cease to be 
used for the sole purpose herein before declared ; and pro- 
vided, also, that the jurisdiction of the United States shall 
not include any part of said Water Street. 

Plan to be filed. SECTION 2. This act shall be void, unless a suitable plan 
of the premises, or such portion or portions thereof as may 
be purchased by the United States, shall be made and filed 
by the United States, in the office of the secretary of this 
Commonwealth, within one year from the purchase of the 
land by the United States. 

Act, vvhento SECTION 3. This act shall take effect from and after the 

purchase of such lands, or of any portion or portions thereof, 
by the United States, the evidence of such purchase being 
duly recorded in the registry of deeds for the county of 
Middlesex. Approved April 30, 1862. 

Chan. 196 -^^ •^'^'^ "^^ incorporate the American bituminized pipe com- 

■* " PANY. 

Be it enacted, Sfc, as follows : 

Corporators. SECTION 1. EHsha S. Couvcrs, Olivcr Bennett, Jonathan 

Peirce, their associates and successors, are hereby made a 

Title. corporation by the name of The American Bituminized Pipe 

Company, for the purpose of manufacturing bituminized 
pipes, in the county of Suffolk, or either county adjoining 

Powers and du- tlic couuty of Suffolk ; Eud for this purpose shall have all the 
powers and privileges, and be subject to all the duties, 
restrictions and liabilities set forth in the sixty-eighth chapter 
of the General Statutes. 

Real estate SECTION 2. Thc said corporation may hold, for the pur- 

capitai. pose aforesaid, real estate to the amount of fifty thousand 

dollars, and the whole capital stock of said corporation shall 
not exceed the amount of two hundred thousand dollars. 
Section 3. This act shall take effect upon its passage. 

Approved April 30, 1862. 



take effect. 



1862.— Chapter 197. 



157 



An Act to apportion and assess a tax of one million seven Chap. 197 

HUNDRED NINETY-SEVEN THOUSAND FIVE HUNDRED SIXTEEN DOL- 
LARS. 

Be it enacted, &fc., as follows : 



shall be assessed and pay the sejeral sums with wliich they 
stand respectively charged in the following schedule, that 
is to say : — 

SUFFOLK COUNTY 



cities and towus. 



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



Five hundred sixty-seven thousand four 

hundred fifty dollars, 
Fourteen thousand seventy-six dollars. 

One thousand five hundred twelve dol- 
lars, 

Nine hundred dollars, .... 



1567,450 00 
14,076 00 



1,512 00 
900 00 



$583,938 00 



ESSEX COUNTY. 

Three thousand two hundred fiaur dol- 
lars, 

Four thousand nine hundred eighty-six 
dollars, 

Six thousand seven hundred eighty-six 
dollars, 

One thousand three hundred thirty-two 
dollars, 

One thousand eight hundred eighteen 
dollars, 

Five thousand three hundred eighty- 
two dollars, 

Two thousand fifty-two dollars. 

One thousand six hundred seventy-four 
dollars, 

Nine thousand five hundred ninety-four 
dollars, 

One thousand two hundred ninety-six 
dollars, 

Nine hundred seventy-two dollars, 

Eleven thousand nine hundred thirty- 
four dollars, 

Two thousand eight hundred sixty-two 
dollars, 

Twenty thousand four hundred thirty 
dollars, 

Nineteen thousand nine hundred twen- 
ty-six dollars, 

One thousand one hundred fifty-two 
dollars, 



Amesbury, . 




Andover, 




Beverly, . . 




Bpxford, . 




Bradford, . 




Danvers, . 




Essex, . . 




Georgetown, 




Gloucester, 




Groveland, 




Hamilton, . 




Haverhill, 




Ipswich, . 




Lawrence, 




Lynn, . . 




Lynnfield, 





$3,204 00 


4,986 00 


6,786 00 


1,332 00 


1,818 00 


5,382 00 
2,052 00 


1,674 00 


9,594 00 


1,296 00 
972 00 


11,934 00 


2,862 00 


20,430 00 


19,926 00 


1,152 00 



158 



1862.— Chapter 197. 

ESSEX COUNTY— Continued. 



Manchester, . 
Marblehead, . 
Methuen, . . 
Middleton, . 
Nahant, . . 
Newbury, . . 
Newbury port. 
North Andove] 
Rockport, , 
Rowley, 
Salem, . 
Salisbury, 
Saugus, 
South Danvers, 
Swampscott, . 
Topsfield, . . 
Wenham, . . 
West Newbury, 



One thousand seven hundred sixty-four 
dollars, 

Five thousand seven hundred twenty- 
four dollars,, 

Two thousand eight hundred twenty-six 
dollars, 

Eight hundred sixty-four dollars, . 

Nine hundred ninety dollars, 

One thousand seven hundred ten dol- 
lars, 

Fourteen thousand seventy-six dollars, . 

Three thousand two hundred four dol- 
lars, 

Three thousand forty-two dollars, . 

One thousand one hundred thirty-four 
dollars, 

Twenty-nine thousand five hundred 
thirty-eight dollars, .... 

Three thousand two hundred seventy- 
six dollars, 

Two thousand four hundred forty-eight 
dollars, 

Seven thousand four hundred seventy 
dollars, 

Two thousand one hundred six dollars. 

One thousand three hundred eighty-six 
dollars, 

One thousand one hundred eighty-eight 
dollars, 

Two thousand one hundred twenty-four 
dollars, 



$1,7G4 00 

5,724 00 

2,826 00 

864 00 

990 00 



1,710 00 
14,076 00 



3,204 00 
3,042 00 



1,134 00 

29,538 00 

3,276 00 

2,448 00 

7,470 00 
2,106 00 

1,380 00 
1,188 00 
2,124 00 



$180,270 00 



MIDDLESEX COUNTY. 



Acton, . 
Ashby, . 
Ashland, 
Bedford, 
Belmont, 
Billerica, 



One thousand eight hundred eighteen 

dollars, 

One thousand forty-four dollars, . 

One thousand three hundred eighty-six 

dollars, 

Nine hundred seventy-two dollars, 

Three thousand nine hundred sixty dol- 
lars, 

Two thousand one hundred seventy- 
eight dollars, .... 



$1,818 00 
1,044 00 



1,386 00 
972 00 



3,960 00 
2,178 00 



1862.— Chapter 197. 

MIDDLESEX COUNTY— Continued. 



159 



Boxborough, 

Brighton, . 

Burlington, 

Cambridge, 

Carlisle, . 

Charlestown, 

Chelmsford, 

Concord, . 

Dracut, . 

Dunstable, 

Framingham, 

Groton, 

Holliston, . 

Hopkiuton, 

Lexington, 

Lincoln, . 

Littleton, . 

Lowell, 

Maiden, . 

Marlborough 

Medford, . 

Melrose, . 

Natick, 

Newton, . 

North Readin, 

Pepperell 

Reading, 



Four hundred sixty-eight dollars. 

Six thousand seven hundred eighty- six 

dollars, 

Eight hundred forty-six dollars, . 

Forty thousand sixty-eight dollars, 

Seven hundred two dollars, . 

Thirty-one thousand one hundred sev- 
enty-six dollars, .... 

Two thousand eight hundred sixty-two 
dollars, 

Three thousand three hundred forty- 
eight dollars, 

Two thousand eighty-eight dollars, 

Eight hundred ten dollars, . . ' . 

Four thousand six hundred ninety-eight 
dollars, 

Three thousand two hundred four dol- 
lars, 

Three thousand two hundred ninety- 
four dollars, 

Three thousand three hundred forty- 
eight dollai-s, 

Three thousand six hundred thirty-six 
dollars, 

One thousand ninety-eight dollars. 

One thousand three hundred eighty-six 
dollars, 

Forty-two thousand four hundred eight 
dollars, 

Seven thousand ninety-two dollars. 

Four thousand six hundred forty-four 
dollars, 

Nine thousand five hundred ninety-four 
dollars, 

Two thousand eight hundred ninety- 
eight dollars, 

Four thousand four hundred sixty-four 
dollars, 

Thirteen thousand nine hundred eighty- 
six dollars, 

One thousand one hundred eighty-eight 
dollars, 

One thousand eight hundred dollars, . 

Two thousand eight hundred twenty- 
six dollars, 



$468 00 



6,786 00 
846 00 


40,008 00 


702 00 


31,176 00 


2,862 00 


3,348 00 
2,088 00 



810 00 

4,698 00 

3,204 00 

3,294 00 

3,348 00 

3,636 00 
1,098 00 

1,380 00 



42,408 00 
7,092 00 


4,644 00 


9,594 00 


2,898 00 


4,464 00 


13,986 00 


1,188 00 
1,800 00 



2,820 00 



160 



1862.— Chapter 197. 

MIDDLESEX COUNTY— Continued. 



Sherborn, . . . 
Shirley, . . . 
Somerville, . . 
South Reading, . 
Stoneham, . . 
Stow, . . . . 
Sudbury, . . . 
Tewksbury, . . 
Townsend, . . 
Tyngsborough, . 
Waltham, . . . 
Watertown, . . 
Wayland, . . . 
West Cambridge, 
Westford, . . . 
Weston, . . . 
Wilmington, . . 
Winchester, . . 
Woburn, . . . 



One thousand seven hundred sixty- 
four dollars, . . . . . 

One thousand four hundred fifty-eight 
dollars, 

Eleven thousand eight hundred eighty 
dollars, 

Three thousand nine hundred sixty 
dollars, 

Two thousand nine hundred sixteen 
dollars, 

One thousand five hundred sixty-six 
dollars, 

Two thousand one hundred seventy- 
eight dollars, 

One thousand three hundred sixty-eight 
dollars, ...... 

One thousand six hundred two dollars. 

Seven hundred two dollars, 

Nine thousand two hundred seventy 

dollars, 

Five thousand one hundred thirty dollars, 

One thousand one hundred seventy 

dollars, 

Four thousand eight hundred six dollars. 

One thousand seven hundred twenty- 
eight dollars, 

Two thousand thirty-four dollars, . 

One thousand eight dollars, . 

Three thousand seventy-eight dollars. 

Seven thousand seven hundred forty 
dollars, 



$1,764 00 


1,458 00 


11,880 00 


3,960 00 


2,916 00 


1,566 00 


2,178 00 


1,368 00 
1,602 00 



702 00 



9,270 00 
5,130 00 



1,170 00 
4,806 00 



1,728 00 
2,034 00 

1,008 00 

3,078 00 

7,740 00 



$277,434 00 



WORCESTER COUNTY. 



Ashbumbsim, 
Athol, . . 
Auburn, . 
Barre, . . , 
Berlin, . . . 



One thousand eight hundred eighteen 
dollars, 

Two thousand two hundred sixty-eight 
dollars, 

Eight hundred sixty-four dollars, . 

Three thousand five hundred ten dol- 
lars, 

Nine hundred fifty-four dollars, . 



$1,818 00 

2,268 00 
864 00 



3,510 00 
954 00 



18G2.— Chapter 197. 

WORCESTER COUNTY— Continued. 



161 



Blackstone, 
Bolton, 
Boylston, . 
Bi'ookfield, 
Charlton,.. 
Clinton, . 
Dana, . . 
Douglas, . 
Dudley, . 
Fitchburg, 
Gardner, . 
Grafton, . 
Hardwick, 
Harvard, . 
Holden, . 
Ilubbardston 
Lancaster, 
Leicester, . 
Leominster, 
Lunenburg, 
Mendon, . 
Milford, . 
Millbury, . 
New Braintree, . 
North Brookfield 
Northborough, , 
Northbridae, . . 



Four thousand three hundred thirty- 
eight dollars, 

One thousand two hundred seventy- 

I eight dollars, 

One thousand eight dollars, . 

One thousand eight hundred ninety dol- 
lars, 

Two thousand thirty-four dollars, . 

Three thousand six hundred fifty-four 

dollars, 

SLx hundred twelve dollars, . 

Two thousand one hundred sixty dol- 
lars, 

One thousand five hundred forty-eight 
dollars, 

Eight thousand one hundred ninety dol- 
lars, 

Two thousand two hundred fourteen 
dollars, . . . . . 

Three thousand nine hundred six dol- 
dollars, 

One thousand nine hundred forty-four 
dollars, 

One thousand eight hundred seventy- 
two dollars, 

One thousand eight hundred dollars, . 

One thousand four hundred fifty-eight 
dollars, 

One thousand eight hundred eighteen 
dollars, 

Three thousand three hundred forty- 
eight dollars, . . . . . 

Three thousand seven hundred twenty- 
six dollars, 

One thousand five hundred forty-eight 
dollars, 

One thousand five hundred forty-eight 
dollars, 

Seven thousand seven hundred four 
dollars, 

Three thousand two hundred four dol- 
lars, ....... 

One thousand one hundred sixteen dol- 
lars, 

Two thousand six hundred sixty-four 
dollars, 

One thousand nine hundred sixty-two 
dollars, 

Two thousand two hundred thirty-two 
dollars, 



4,338 00 


1,278 00 
1,008 00 


1,890 00 
2,034 00 


3,654 00 
612 00 


2,160 00 


1,548 00 


8,190 00 


2,214 00 


3,906 00 


1,944 00 


1,872 00 
1,800 00 


1,458 00 


1,818 00 


3,348 00 


3,720 00 


1,548 00 


1,548 00 


7,704 00 


3,204 00 


1,116 00 


2,004 00 


1,902 00 


2,232 00 



162 



1862.— Chapter 197. 
WORCESTER COUNTY— Continued. 



Oakham, . 
Oxford, . 
Paxton, . 
Petersham, 
Phillipston, 
Princeton, 
Royalston, 
Rutland, . 
Shrewsbury, 
Southborough, 
Southbridge, 
Spencer, . 
Sterling, . 
Sturbridge, 
Sutton, 
Templeton, 
Upton, . . 
Uxbrldge, 
Warren, . 
Webster, . 
West Boylston, . 
West Brookfield, 
Westborough, . 
Westminster, 
Wincliendon, 
Worcester, . . 



Seven hundred seventy-four dollars, 

Two thousand six hundred sixty-four 

dollars, 

Seven hundred two dollars, . 

One thousand four hundred seventy-six 

dollars, 

Six hundred eighty-four dollars, . 

One thousand five hundred twelve dol- 
lars, 

One thousand seven hundred forty-six 
dollars, 

One thousand one hundred sixteen dol- 
lars, 

Two thousand three hundred four dol- 
lars, 

Two thousand seventy dollars. 

Two thousand nine hundred eighty-eight 
dollars, 

Two thousand eight hundred eighty 
dollars, 

Two thousand one hundred six dollars. 

One thousand nine hundred eighty dol- 
lars, 

Two thousand four hundred twelve dol- 
lars, 

Two thousand five hundred seventy- 
four dollars, 

One thousand seven hundred twenty- 
eight dollars, 

Three thousandfive hundred ten dollars. 

One thousand eight hundred thirty-six 
dollars, 

Two thousand four hundred eighty-four 
dollars, ....... 

Two thousand fifty-two dollars, . 

One thousand four hundred fifty-eight 
dollars, 

Two thousand six hundred eighty-two 
dollars, 

One thousand seven hundred ten dol- 
lars, 

Two thousand four hundred thirty dol- 
lars, 

Thirty-five thousand eight hundred 
thirty-eight dollars, .... 



1165,906 00 



1862.— Chapter 197. 

HAMPSHIRE COUNTY 



163 



Amherst, . . 
Belchertown, 
Chesterfield, . 
Cummington, 
Easthampton, 
Enfield, . . 
Goshen, . . 
Granby, . . 
Greenwich, , 
HadJey, . . 
Hatfield, . . 
Huntington, . 
Middlefield, . 
Northampton, 
Pelham, . . 
Plainfield, . 
Prescott, . . 
South Hadley, 
Southampton, 
Ware, . . . 
Westhampton, 
Williamsburg, 
Worthington, 



Three thousand four hundred two dol 
lars, 

Two thousand four hundred thirty dol 
lars, 

Nine hundred thirty-six dollars, . 

Eight hundred sixty-four dollars, . 

One thousand nine hundred eight dol 
lars,. . . • . . 

One thousand two hundred forty-two 
dollars, 

Three hundred seventy-eight dollars. 

One thousand forty-four dollars, . 

Six hundred forty-eight dollars, . 

Two thousand six hundred ten dollars, 

Two thousand one hundred forty-two 

dollars, 

One thousand forty-four dollars, . 

Seven hundred two dollars. 

Seven thousand seven hundred twenty- 
two dollars, .... 
Four hundred sixty-eight dollars, 

Six hundred twelve dollars. 

Five hundred fifty-eight dollars, . 

Two thousand two hundred sixty-eight 
dollars, 

One thousand one hundred sixteen dol 
lars, 

Three thousand twenty-four dollars. 

Six hundred forty-eight dollars, . 
Two thousand sixteen dollars. 
Nine hundred seventy-two dollars, 



$3,402 on 

2,430 00 
936 00 

864 00 



1,908 00 

1,242 00 
378 00 

1,044 00 

648 00 

2,610 00 

2,142 00 
1,044 00 

702 00 

7,722 00 
468 00 

612 00 

558 00 

2,268 00 

1,116 00 
3,024 00 

648 00 

2,016 00 

972 00 



$38,754 00 



164 



1862.— Chapter 197. 

HAMPDEN COUNTY. 



Agawam, . . . 

Blandford, . . 

Erimfield, . . . 

Chester, . . . 

Chicopee, . . . 

Granville, . . . 

Holland, . . . 

Holyoke, . • . 

Longmeadow, . 

Ludlow, . . . 

Monson, . . . 
Montgomery, 

Palmer, . . . 

Russell, . . . 

Southwick, . . 

Springfield, . . 

Tolland, . . . 

Wales,. . . . 
West Springfield, 

Westfield, . . 

Wilbraham, . . 



One thousand five hundred thirty dol- 
lars, 

One thousand one hundred eighty-eight 
dollars, 

One thousand five hundred twelve dol- 
lars, 

One thousand sixty-two dollars, . 

Six thousand three hundred seventy- 
two dollars, 

One thousand forty-four dollars, . 

Three hundred sixty dollars. 

Four thousand five hundred seventy- 
two dollars, ..... 

One thousand nine hundred eight dol- 
lars, 

One thousand twenty-six dollars, . 

Two thousand four hundred sixty-six 

dollars, 

Three hundred sixty dollars. 

Two thousand eight hundred sixty-two 

dollars, 

Four hundred eighty-six dollars, . 

One thousand three hundred fourteen 
dollars, 

Eighteen thousand four hundred four- 
teen dollars, 

Six hundred twelve dollars, . 

Six hundred forty-eight dollars, . 

Two thousand one hundred ninety-six 

dollars, 

Six thousand twelve dollars. 

One thousand nine hundred eight dol- 
lars 



$1,530 00 

1,188 00 

1,512 00 
1,062 00 



6,372 00 
1,044 00 

3G0 00 



4,572 00 

1,908 00 
1,020 00 



2,466 00 
360 00 



2,862 00 
486 00 



1,314 00 



18,414 00 
612 00 



648 00 



2,196 00 
6,012 00 



1,908 00 
$57,852 00 



FRANKLIN COUNTY. 



Ashfield, . . 
Bernardston, 
Buckland, 



One thousand three hundred fifty dol- 
lars, $1,350 00 

Nine hundred ninety dollars, . . 990 00 

One thousand two hundred sixty dollars, 1,260 00 



1862.— Chapter 197. 

FKANKLIN COUNTY— Continued. 



165 



Charlemont, . . 


Nine hundred dollars, .... 


$900 00 


Colrain, . . . 
Conway, . . . 
Deerfield, . . . 
Erving, ... 


One thousand three hundred thirty-two 
dollars, _ . 

One thousand six hundred thirty-eight 
dollars, 

Two thousand seven hundred eighteen 
dollars, 

Four hundred fourteen dollars, . 


1,332 00 

1,638 00 

2,718 00 
414 00 


Gill, .... 


Eight hundred ten dollars, . 


810 00 


Greenfield, . . 
Hawley, . . . 


Three thousand three hundred sixty-six 
dollars, ...... 

Five hundred fifty-eight dollars, . 


3,366 00 
558 00 


Heath,. . . . 


Five hundred seventy-six dollars, 


576 00 


Leverett, . . . 


Seven hundred twenty dollars, . 


720 00 


Leyden, . . . 


Five hundred ninety-four dollars, 


594 00 


Monroe, . . . 


One hundred ninety-eight dollars. 


198 00 


Montague, . . 
New Salem, . . 


One thousand three hundred fourteen 

dollars, 

Eight hundred sixty-four dollars, . 


1,314 00 
864 00 


Nortbfield, . . 
Orange, . . . 


One thousand six hundred twenty 

dollars, 

One thousand three hundred fifty dollars. 


1,620 00 
1,350 00 


Rowe, .... 


Five hundred four dollars, . 


504 00 


Shelburne, . . 
Sliutesbury, . . 


One thousand five hundred thirty dol- 
lars, 

Five hundred seventy-six dollars. 


1,530 00 
570 00 


Sunderland, . . 


Seven hundred seventy-four dollars, . 


774 00 


Warwick,. . . 


Eight hundred twenty-eight dollars, 


828 00 


Wendell, . . . 


Five hundred fifty-eight dollars, . 


558 00 


Whately, . . . 


One thousand three hundred thirty- 
two dollars, 


1,332 00 




$28,674 00 



166 



1862.— Chapter 197. 

BERKSHIRE COUNTY 



Adams, . . . 
Alford,. . . . 


Five thousand seven hundred seventy- 
eight dollars, 

Six hundred sixty-six dollars, 


.15,778 00 
666 00 


Becket, . . . 


One thousand ninety-eight dollars. 


1,098 00 


Cheshire, . . . 
Clarksburg, . . 


One thousand four hundred fifty-eight 

dollars, 

Two hundred seventy dollars. 


1,458 00 
270 00 


Dalton, . . . 


One thousand five hundred thirty dollars. 


1,530 00 


Egremont, . . 


One thousand forty-four dollars, . 


1,044 00 


Florida, . . . 


Three hundred forty-two dollars, . 


342 00 


Gt. Barrington, . 
Hancock, . . . 


Three thousand nine hundred six dol- 
lars, . 
One thousand eight dollars, . 


3,906 00 
1,003 00 


Hinsdale, . . . 
Lanesborough, . 
Lee, .... 
Lenox,. . . . 
Monterey, . . 


One thousand three hundred fourteen 

dollars, 

One thousand three hundred eighty-six 

dollars, 

Three thousand eight hundred sixteen 

dollars, 

One thousand seven hundred sixty-four 

dollars, 

Seven hundred two dollars, . 


1,314 00 

1,386 00 

3,816 00 

1,764 00 
702 00 


Mt. Washington, 


One hundred eighty dollars, 


180 00 


New Ashford, . 


Two hundred fifty-two dollars. 


252 00 


N. Marlborough, 
Otis, .... 


One thousand four hundred forty dol- 

dollars, 

Six hundred eighty-four dollars, . 


1,440 00 
684 00 


Peru, .... 


Four hundred eighty-six dollars, . 


486 00 


Pittsfield, . . . 
Richmond, . . 


Ten thousand two hundred seventy- 
eight dollars, 

One thousand forty-four dollars, . 


10,278 00 
1,044 00 


Sandisfield, . . 


One thousand two hundred sixty dollars. 


1,260 00 


Savoy, .... 


Six hundred sixty-six dollars. 


666 00 


Sheffield, . . . 
Stockbridge, . . 


Two thousand four hundred twelve dol- 
lars, 

Two thousand fifty-two dollars, . 


2,412 00 
2,052 00 


Tyringham, . . 


Six hundred sixty-six dollars. 


666 00 



1862.— Chapter 197. 

BERKSHIRE COUNTY— Continued. 



167 



Washington, . . 


Seven hundred twenty dollars, . 


$720 00 


W. Stockbridge, 


One thousand two hundred ninety-six 






dollars, 


1,29G 00 


Willianistown, . 


Two thousand five hundred fifty-six dol- 






lars, 


2,556 00 


Windsor, . . . 


Seven hundred seventy-four dollars, . 


774 00 


- 


^52,848 00 


NORFOLK COUNTY. 


Bellinghara, . . 


One thousand ninety-eight dollars, 


$1,098 00 


Braiutree, . . 


Three thousand two hundred seventy- 






six dollars, 


3,276 00 


Brookline, . . 


Nineteen thousand one hundred sixteen 






dollars, 


19,116 00 


Canton, . . . 


Four thousand one hundred fifty-eight 






dollars, 


4,158 00 


Cohasset, . . . 


Two thousand one hundred sixty dollars. 


2,160 00 


Dedham, . . . 


Eight thousand nine hundred forty-six 






dollars, 


8,946 00 


Dorchester, . . 


Twenty thousand seven hundred fifty- 






four dollars, . .* . 


20,754 00 


Dover, .... 


Seven hundred twenty dollars. 


720 00 


Foxborough, . . 


Two thousand eight hundred forty-four 






dollars, 


2,844 00 


Franklin, . . . 


One thousand eight hundred seventy- 


■ 




two dollars, 


1,872 00 


Medfield, . . . 


One thousand two hundred seventy- 






eight dollars, 


1,278 00 


!Medway, . . . 


Two thousand seven hundred seventy- 






two dollars, 


2,772 00 


Milton, . . . 


Six thousand three hundred ninety dol- 






lars, . 


6,:590 00 


Needham, . . . 


Three thousand three hundred eighty- 






four dollars, 


3,384 00 


Quincy, . . . 


Eight thousand sixty-four dollars. 


8,004 00 


Randolph, 


Six thousand thirty dollars, . 


0,030 00 


Roxbury, . . . 


Forty-five thousand eight hundred eighty- 






two dollars, ..... 


45,882 00 


Sharon, . . . 


One thousand four hundred fifty-eight 






dollars, 


1,458 00 


Stoughton, . . 


Four thousand one hundred ninety-four 






dollars, 


4,194 00 


Walpolc, . . . 


Two thousanil two hundred sixty-eight 






dollars, 


2,268 00 



168 



1862.— Chapter 197. 
NORFOLK COUNTY— Continued. 



West Roxbury, 
Weymouth, . 
Wrentham, . 



Fifteen thousand five hundred sixteen 
dollars, 

Seven thousand three hundred eight 
dollars, 

Two thousand eight hundred eight dol- 
lars, 



$15,516 00 
7,308 00 
2,808 00 



$172,296 00 



BRISTOL COUNTY. 

One thousand six hundred twenty dol- 
lars, 

Five thousand four hundred fifty-four 
dollars, 

Seven hundred twenty dollars, 

Five thousand eight hundred fifty dol- 
lars, 

One thousand six hundred two dollars, 

Two thousand five hundred fifty-six 

dollars, 

Six thousand eight hundred fifty-eight 

dollars, • 

Twenty-five thousand five hundred 

ninety-six dollars, . . . . 
One thousand six hundred ninety-two 

dollars, 

One thousand seven hundred ten dollars. 

Forty-six thousand two hundred twenty- 
four dollars, 

One thousand eight hundred eighteen 
dollars 

Two thousand one hundred sixty dollars, 

One thousand nine hundred forty-four 

dollars, 

One thousand eight dollars, . 

Two thousand sixteen dollars, 

One thousand five hundred eighty-four 
dollars, 

Seventeen thousand one hundred ninety 
dollars, 

Three thousand seven hundred eight 
dollars, ...... 



Acushnet, . . 
Attleborough, 
Berkley, . 
Dartmouth, 
Dighton, . 
Easton, 
Fairhaven, 
Fall River, 
Freetown, 
Mansfield, 
New Bedford, 
Norton, . 
Raynham, 
Rehoboth, 
Seekonk, . 
Somerset, . 
Swanzey, . 
Taunton, . 
Westport, 



$1,020 00 



5,454 00 
720 00 


5,850 00 
1,602 00 


2,556 00 


6,858 00 


25,596 00 


1,692 00 
1,710 00 



46,224 00 



1,818 00 
2,160 00 


1,944 00 
1,008 00 


2,016 00 


1,584 00 


17,190 00 


3,708 00 


$131,310 00 



1862.~Chapter 197. 

PLYMOUTH COUNTY 



169 



Abingtou, . . 
Bridgewater, . 
Carver, . . 
Duxbury, . . 
E. Bridgewater, 
Halifax, . . 
Hanover, . . 
Hanson, . . 
Hingham, . . 
Hull, . . . 
Kingston, . . 
Lakeville, . . 
Marion, . . , 
Marshfield, . , 
Mattapoisett, . 
Middleborough, 
N. Bridgewater, 
Pembroke, 
Plymouth, 
Plympton, 
Rochester, 
Scituate, . 
South Scituate, . 
Wareham, . . 
W. Bridgewater, 



Seven thousand five hundred seventy- 
eight dollars, 

Three thousand nine hundred sixty dol- 
lars, 

One thousand one hundred sixteen dgl- 
lars, 

Two thousand four hundred eighty-four 
dollars, 

Three thousand sixty dollars, 

Eight hundred ten dollars, . 

One thousand eight hundred eighteen 
dollars, 

One thousand two hundred forty-two 
dollars, 

Five thousand three hundred ten dol- 
lars, 

Three hundred sixty dollars, 

Two thousand six hundred twenty-eight 
dollars, 

One thousand two hundred sixty dol- 
lars, 

One thousand eight dollars, . 

One thousand six hundred seventy-four 
dollars, 

One thousand seven hundred eightj'- 
two dollars, 

Four thousand nine hundred sixty-eight 
dollars, . . . . 

Five thousand one hundred thirty dol- 
lars, 

One thousand four hundred twenty- 
two dollars, 

Six thousand seven hundred fourteen 
dollars, 

Eight hundred eighty-two dollars, 

One thousand three hundred fourteen 
dollars, 

Two thousand one hundred forty-two 
dollars, 

One thousand nine hundred ninety- 
eight dollars, . ' . 

Two thousand six hundred sixty-four 
dollars, 

One thousand seven hundred ten dol- 
lars, . . . . 



$7,578 00 

3,900 00 

1,116 00 

2,484 00 
3,000 00 

810 00 

1,818 00 

1,242 00 

5,310 00 
300 00 

2,028 00 



1,200 00 
1,008 00 


1,074 00 


1,782 00 


4,968 00 


5,130 00 


1,422 00 


6,714 00 
882 00 


1,314 00 


2,142 00 


1,998 00 


2,004 00 


1,710 00 


$65,034 00 



170 



1862.— Chapter 197. 

BARNSTABLE COUNTY. 



Barnstable, 




Brewster, . 




Cbatham, . 




Dennis, 




Eastham, . 




Falmouth, 




Harwich, . 




Orleans, . 




Provincetown 


) • 


Sandwich, 




Truro, . . 




Wellfleet, . 




Yarmouth, 





Four thousand six hundred eight dollars, 

One thousand three hundred eighty-six 

dollars, 

Two thousand seventy dollars, 

Two thousand five hundred ninety-two 

dollars, 

Five hundred ninety-four dollars. 

Two thousand eight hundred eight}' 

dollars, 

Two thousand one hundred forty-two 

dollars, 

One thousand one hundred eighty-eight 

dollars, 

Two thousand eight hundred eighty 

dollars, 

Three thousand six hundred ninety 

dollars, 

One thousand sixty-two dollars, . 

One thousand five hundred sixty-six 
dollars, 

Two thousand five hundred thirty-eight 
dollars, 



14,608 00 



1,386 00 
2,070 00 



2,592 00 
594 00 

2,880 00 



2,142 00 


1,188 00 


2,880 00 


3,690 00 
1,062 00 


1,566 00 


2,538 00 


$29,196 00 



DUKES C OUNT Y. 



Chilmark, . . 
Edgartown, . 
Tisbury, . . 



One thousand one hundred eighty-eight 
dollars, 

Two thousand eight hundred twenty-six 
dollars, 

Two thousand thirty-four dollars, . 



$1,188 00 

2,826 00 
2,034 00 



$6,048 00 



NANTUCKET COUNTY. 



Nantucket, . . 



Seven thousand nine hundred fifty-six 
dollars, 



$7,956 00 



1862.— Chapter 197. 

RECAPITULATION. 



171 



Suffolk County, 
Essex County, 
Middlesex County, 
Worcester County, 
HampshireCounty, 
Hampden County, 
Franklin County, 
Berkshire County, 
Norfolk County, . 
Bristol County, . 
Plymouth County, 
Barnstable County, 
Dukes County, . 
Nantucket County, 



Five hundred eighty-three thousand 

nine hundred thirty-eight dollars, 
One hundred eighty thousand two 

hundred seventy dollars, 
Two hundred seventy-seven thousand 

four hundred thirty-four dollars. 
One hundred sixty-five thousand nine 

hundred six dollars, 
Thirty-eight thousand seven hundred 

fifty-four dollars, .... 
Fifty-seven thousand eight hundred 

fifty-two dollars, . . . . 
Twenty-eight thousand six hundred 
• seventy-four dollars. 
Fifty-two thousand eight hundred 

forty-eight dollars, . . . . 
One hundred seventy-two thousand 

two hundred ninety-six dollars, 
One hundred thirty-one thousand ttree 

hundred ten dollars, 
Sixty-five thousand thirty-four dollars. 

Twenty-nine thousand one hundred 
ninety-six dollars, .... 
Six thousand forty-eight dollars, 

Seven thousand nine hundred fifty-six 
dollars, 



$583,938 00 

180,270 00 

277,434 00 

105,906 00 

38,754 00 

57,852 00 

28,674 00 

52,848 00 

172,290 00 

131,310 00 
65,034 00 



29,196 00 
6,048 00 



7,950 00 



$1,797,516 00 



Section 2. The treasurer of the Commonwealth shall Treasurer to is- 

ni-i -ii. •! /»!• T 1 ^"® warrant to 

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. The treasurer, in his said warrant, shall ors^'^aua*^ mu4'' 
require the said selectmen or assessors to pay, or to issue men. 
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-two, the sums 
set against said cities or towns in the schedule aforesaid ; and 
the selectmen or assessors, respectively, shall return a cer- 
tificate of the names of such treasurers, with the sum which 



172 1862.— Chapter 198. 

each may be required to collect, to the said treasurer of the 
Commonwealth, at some time before the first day of October 
next. 
Penalties for SECTION 4. If the amouiit due from any city or town, as 

delinquency. ,-,,... . ., J J ? 

provided in this act, is not paid to the treasurer of the Com- 
monwealth within the time specified, then the said treasurer 
shall notify the treasurer of said delinquent city or town, 
who shall pay into the treasury of the Commonwealth, in 
addition to the tax, such further sum as would be equal to 
one per centum per month during such delinquency, dating 
on and after the first day of December next ; and if the same 
remains unpaid after the first day of January next, an 
information may be filed by the treasurer of the Common- 
wealth in the supreme judicial court, or before any justice 
thereof, against such delinquent city or town ; and upon 
notice to such city or town, and a summary hearing thereon, 
a warrant of distress may issue against such city or town, to 
enforce the payment of said taxes, under such penalties as 
the said court, or the justices thereof before whom the 
hearing is had, shall order. 

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

Approved April 30, 1862. 

Chat) 198 '^^ '^^^ CONCERNING MARRIED WOMEN DOING BUSINESS ON THEIR 
■* ■ SEPARATE ACCOUNT. 

Be it enacted, Sfc, as follows : 
Certificate filed SECTION 1. Any married woman now doing, or hereafter 
To securri)ro^'r- proposiug to do busiucss on her separate account, shall file a 
baud-rweditors! Certificate in the clerk's office of the city or town where she 
does or proposes to do said business, setting forth the name 
of her husband, the nature of the business proposed to be 
done, and the place where it is to be done, giving the street 
and number of the place of business if practicable ; and 
whenever the place of business or the nature of the business 
is changed, a new certificate shall be filed accordingly. In 
case no such certificate shall be filed, such married woman 
shall not be allowed to claim any property employed in said 
business as against any creditors of her husband, but the 
same may be attached on mesne process by any such cred- 
itor, or taken upon execution, against the husband of said 
woman. 
Husband to file SECTION 2. The husbaud of any woman who now does or 

certificate, or be- , „ i i • , • <• , 

come liable, &c., hcreaiter may do business upon her separate account, if such 
omits!"'^^ ^'^^ woman shall fail to file a certificate as provided in the pre- 
ceding section, may file a certificate setting forth the name 
of such woman, the nature of the business done by her, and 



1862.— Chapters 199, 200. 173 

the place in which said business is done, as provided in the 
preceding section, in the clerk's office of the city or town in 
which said business is done ; but if no such certificate shall 
be filed by the said married woman, as provided in the 
preceding section, or by her husband, as provided in this 
section, the husband shall be liable upon all contracts law- 
fully made in the prosecution of such business, in the same 
manner and to the same extent as if the same had been made 
by himself. 

Section 3. This act shall take effect on the first day of Act, when in 

July next. Approved April 30, 1862. ^*""''*" 

An Act CONCERNING PERSONS CONVICTED OF CERTAIN OFFENCES IN QJkiy) ^99 
THE COUNTY OF DUKES COUNTY. "' 

Be it enacted, §'e., as follows : 

Section 1. Whenever any person shall be convicted of convicts may be 
any offence in the county of Dukes County, the punishment house" olr oorrV 
for which may be imprisonment or confinement in a house of forj"* ^^"^ ®®'^' 
correction, such convict may be sentenced to imprisonment 
or confinement in the house of correction in the city of New 
Bedford, in the county of Bristol ; and the keeper of said 
house of correction shall be required to receive and hold such 
convict in the same manner as if such convict had been sen- 
tenced by any court sitting in the county of Bristol, and the 
warrant of commitment sliall be executed by the sheriff of 
the county of Dukes County, or any of his deputies. 

Section 2. There shall be paid to the county of Bristol, Dukes co. shaii 
by the county of Dukes County, for the support of such con- P'^y ^"pp°'''- 
vict, such sum per week as shall be agreed upon by the 
county commissioners of said counties respectively ; and in 
case said commissioners shall not be able to agree upon the 
amount to be paid, representation of such disagreement shall 
be made to the superior court sitting in either of said coun- 
ties, and the amount to be paid shall be determined by said 
court. Approved April 30, 1862. 

An Act to ratify certain proceedings of the union steamship nifj^. onn 

COMPANY, AND GRANTING A LICENSE TO THE SAME. ^flUJJ. ^^VVJ 

Be it enacted, S)-c., as folloics: 

Section 1. All charters or contracts heretofore made by Proceedings le- 
the Union Steamship Company, with the United States, for ^^^^' 
the use of any steamship or steamships of the said company, 
are hereby ratified and approved, and shall not be taken to 
have been in violation of its charter, or of the act in addition 
thereto, or as exposing said company to any forfeiture or 
I)enalty on account thereof. 



174 1862.— Chapters 201, 202, 203. 

Authorized to SECTION 2. Permission is liereby given to said company 
inent'sefTice."' to let, to freight, Or to charter any steamship or steamships 
now owned, or which may hereafter be owned by said com- 
pany, by virtue of its charter, to the United States, for the 
use or service thereof. 
sh7s '^ t^'^tates Section 3. Permission is hereby given to said company 
corporations oi duriug the existcncc of the rebellion, and for the term of six 
HmSon^^pr^ montlis after the termination thereof, to use its steamships, 
scribed. Qj. either of them, or to let, to freight or to charter the same to 

any state, corporation, or person, for any trade or purpose 
authorized for the employment of vessels, by the treaties and 
Proviso. laws of the United States, excepting, that the same shall not 

ply between the ports of Boston, and the ports of Philadel- 
phia, Baltimore or Charleston, or either of them, excepting 
when in the service of the United States as provided for iiL 
the second section. 
Revocation of SECTION 4. The legislature or governor and council, may 
Th^i.^ *" °" revoke the permission granted in the second and third sec- 
tions at its pleasure, upon reasonable notice to said company. 
Section 5. This act shall take effect upon its passage. 

Approved April 30, 1862. 
Chan 201 ^ -^^^ "^^ extend the time of locating the north attlebor- 

^' OUGH BRANCH RAILROAD. 

Be it enacted, Sfc, as follows : 

Act incorporat- Thc time witliin which the North Attleborough Branch 
ing revived. Railroad Company shall file its location, is hereby extended 
to the first day of May, in the year eighteen hundred and 
sixty-three ; and the act incorporating said company, being 
chapter eighteen of the acts of the year eighteen hundred 
and sixty, is hereby revived. Approved April 30, 1862. 



Chap. 202 



An Act for the protection of fish in little quitticus pond in 

THE towns of LAKEVILLE AND ROCHESTER. 

Be it enacted, §t., as follows : 
Taking for six WhoevcF takcs or catches any fish in Little Quitticus 
years prohibited, p^^^^^ ^^ ^^j^^^^ j^j^^^ j^ ^j^^ ^^^^^^ of Lakcvillc and Roclics- 

ter and county of Plymouth, for a term of six years after the 
passage of this act, shall forfeit one dollar for every fish so 
taken. Approved April 30, 1862. 

Chap. 203 ^N Act relating to the location and alteration of high- 

"' WAYS. 

Be it enacted, S^c, as follows: 
Possession to be SECTION 1. The laying out or alteration of any highway, 
^^ertendered" towu way or prlvatc way shall be void as against the owner 

of any land over which the same shall be located, unless 



within two 
years 



1862.— Chapters 204, 205. 175 

within a reasonable time, not exceeding two years, after the 
same shall have been laid out or altered, possession shall be 
taken of such land for the purpose of constructing such 
highway, town way or private way, or the damages awarded 
the owner of the land shall be paid or tendered. 

Section 2. This act shall take effect on the first day of ^^^^'J'"''" '° 
August next. Approved April 30, 18G2. 

An Act in relation to the overseers of the poor of the city Chap. 204 

OF BOSTON. ^ 

Be it ena(5ted, ^'c, as folloios: 

Section 1. The mayor of the city of Boston, the chair- »^yor and other 

•' •'., f.1 officers to be 

man of the board of aldermen, the president oi the common board of auditors 

council and the city treasurer, shall constitute a board of ° 

auditors, whose duty it shall be to examine all the accounts, 

acts and doings of the overseers of the poor of said city, and 

shall annually, on or before the first Monday of September, 

make report to the city council of all such matters relating 

to all disbursements by said overseers, whether as trustees 

of John Boylston's charitable donations, or otherwise, as they 

may deem the public good to require. 

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

Approved April 30, 1862. 
An Act concerning dealers in junk, old metals, and second- Chap. 205 

HAND articles. 

Be it enacted, Sj'c, as follows : 

Section 1. Every city and town may provide by ordinance ^«^^'''^jj^^[ p"' 
or by-law, that every keeper of a shop for the purchase, sale quired by city or 
or barter of junk, old metals, or second-hand articles, within *°''°" 
their respective limits, shall keep a book, in which shall be 
written at the time of every purchase of any such article, a 
description of the article or articles purchased, the name, 
age and residence of the person from whom, and the day and 
hour when, such purchase was made ; that such book shall f„'',''"p['io,"P''" ^ 
at all times be open to the inspection of the mayor and 
aldermen of the city, or the selectmen of the town, in which 
such shop is located, and to any person by them respectively 
authorized to make such inspection ; that every keeper of J'^^3';l'^Xti^„3 
such shop shall put in some suitable and conspicuous place authorized. 
on his shop, a sign, having his name and occupation legibly 
inscribed thereon in large letters ; that such shops, and all 
articles of merchandise therein, may be examined by the 
mayor and aldermen of any city, or the selectmen of any 
town, or by any person by them respectively authorized to 
make such examination, at all times ; and that no keeper of 
such shop shall, directly or indirectly, cither purchase, or 



176 



1862.— Chapter 206. 



License to con- 
taiu regulations 
of city or town. 



renalty for vio- 
lation. 



receive by way of barter or exchange, any of the articles afore- 
said, of any minor or apprentice, knowing or having reason 
to believe him to be such ; and that no article purchased or 
received shall be sold until a period of at least one week, 
from the date of its purchase or receipt, shall have elapsed. 
Every city and town may also prescribe in like manner the 
hours in which such shops shall be closed, and that no keeper 
thereof shall make purchase of any of the articles aforesaid 
during such hours. 

Section 2. Every rule, regulation and restriction which 
shall be made by any city or town, in accordance with the 
provisions of this act, in regard to the keeping of, and traffic 
in the articles aforesaid, shall be incorporated in every 
license granted in such city or town for dealing in the said 
articles. 

Section 3. Any person who shall violate either of the 
rules, regulations or restrictions contained in his license, as 
aforesaid, shall forfeit a sum not exceeding twenty dollars 
for each offence. Approved April 30, 1862. 



Chap. 206 

Corporators. 



Powers and 
privileges. 



Capital. 

Power to borrow. 



Organization, 
conditions of. 



Loans on person- 
al property, per- 
centage charge- 
able. 



An Act to incorporate the pawners' bank of new Bedford. 

Be it enacted, ^'c, as follows : 

Section 1. Thomas B. White, Joseph C. Delano, Charles 
Almy, Horatio Leonard, Nathan Chase, their associates and 
successors, are hereby incorporated under the name of the 
" Pawners' Bank of New Bedford," with the powers and 
privileges, and to be governed by the rules and provisions, 
established by law relative to banks in this Commonwealth, 
so far as applicable to the objects of this institution. It 
shall not be a bank of issue, and shall loan on security of 
goods and chattels and real estate only. 

Section 2. The capital of said bank, to be raised by 
subscription, shall not exceed one hundred thousand dollars 
in shares of one hundred dollars each. It shall have the 
power of borrowing on its own notes, not exceeding the 
amount of its capital paid in, and for periods not exceeding 
one year. 

Section 3. When twenty thousand dollars have been 
duly subscribed, and ten thousand dollars thereof actually 
paid in, the stockholders may organize and proceed to busi- 
ness under this charter. 

Section 4. The charge on all loans secured by personal 
property, to cover expenses of every kind, including inter- 
est, shall be uniform, and not exceed one-and-a-half per 
cent, per month. 



1862.— Chapter 206. 177 

Section 5. When the bank has disposable funds, it shall s^»^ a^S" char- 
loan on all goods and chattels offered, embraced within t^ anci°discrim- 
its rules and regulations, in the order in which they are Indian"/""' °' 
offered, with this exception, that the bank may always dis- 
criminate in favor of small loans to the indigent. It shall proportion of 

r- f • 1 1 iii'i loans to value 

loan to four-fifths of the appraised value on gold and silver ofgoods. 
plate and ware, and to two-thirds of such value on all other 
goods and chattels as aforesaid. 

Section 6. The government of the bank shall be in Government of 
seven directors, six of whom shall be chosen annually, in 
October, by the stockholders, and one shall be annually 
appointed by the mayor of the city of New Bedford ; and 
the board thus created shall elect one of their number presi- 
dent, and such other officers as may be deemed necessary. 

Section 7. All loans secured on personal property shall Duration of loang 

^ J .r ^°'* "t'ht of re- 

be on a time fixed, and not over one year, and the pawner demption. 

shall have a right to redeem at any time within the specified 

period, on payment of the loan and rate of compensation, to 

time of offer to redeem. 

Section 8. If the said personal property pledged is not pJi^'J^Tpo^^^ 
redeemed within the time limited, the same shall be sold at 
public auction, and the net surplus of all sales, both of real 
and personal property, after paying loan charges and expenses 
of all kinds, shall be held one year for the owner; if not Profit and loss 
then called for, the same shall go into a fund for the year, ^"°'*" 
when the entire forfeiture takes place, called the " profit and 
loss fund." 

Section 9. All losses on loans from failure of title or Losses on loans. 
other cause, shall be satisfied from the said profit and loss 
fund. 

Section 10. The net balance of said fund, at the end of ^ow du o8ed*of ' 
each year, shall be made up annually to the first day of 
January, and be doled in fuel to the needy, under the direc- 
tion of the board, during the months of January, February 
and March. 

Section 11. The bank shall give to each borrower a Pawner to renive 
card, inscribed with the name of the bank, the property on "''"^"='''"' *"=• 
which the loan is secured, the name of the borrower, the 
amount of the loan, the rate of compensation, the date 
when made, tlie date when payable, and the page of the 
book where recorded. 

Section 12. The whole sum earned each year shall be Net earnings of 
duly disposed of at the end of the year. The earnings to Xd oT* ^^' 
be divided among the stockholders shall never exceed eight 
per cent, per annum, and the balance, if any, shall go into 



178 1862.— Chapter 206. 

said profit and loss fund, and be distributed in charity, as 
herein before provided. 
Loans on real eg- SECTION 13. Loans mav be made On unimcumbered pro- 

tate, limitation ,. , •i.i.i..-i i. 

of, and rate of ductive Teal estate situated within the Commonwealth, 

Interest. preference being given to small loans ; and no loan upon 

real estate shall exceed one thousand dollars, and the rate of 

interest thereon may be eight per cent, per annum or less. 

In sales of seen- SECTION 14. lu thc casc of any and all sales by the bank 

ntiea, averment «.i -j. f i i n -i , 

in the deed of ot thc sccuHty fop auy loan under a power of sale, mortgage, 
tionsVbrMn- or other conveyance, providing for a public sale of the same, 
ciu^ire evidence to satisfv tlic tcrms of the loan, the averment by the bank in 

as between bor- .-,■,{,, . ,, iii 

rower and other its dccd of the prcmiscs that the borrower had neglected or 
c aiman s. rcfuscd to fulfil the condltious of the loan, or some of them ; 
that 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 depends, 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 premises by, through or under said 
Borrower's re- bank; but if any such averment shall be untrue, the bor- 

dress for false , •',. ,. ., . -, , , ^ 

averment. lowcr may havc his action against said bank, and may 

recover all damages he may have suffered thereby. 

Tenure of loans SECTION 15. All loaus shall bc made upon a time fixed ; 
but where the loan is secured by real estate the borrower 
shall have the privilege of paying oif the loan, in whole or 
in part, at any time before the time so fixed for payment ; 
interest to be charged only on the sum due and unpaid. 

Liabilities, &c., SECTION 16. Ally duty, liability, right, power, privilege, 

of "borrowers" . ., -,. ,.•',.. *" , a \ ■ • j fi 

imposed on legal immunity Or disability granted herein, or imposed on the 

representatives, u borrowcrs " or " baiik," shall be deemed granted to, or 
imposed on the legal representatives of said parties, respec- 
tively. 

Annual report. SECTION 17. Tlic prcsideiit and directors of said bank 
shall annually report to the bank commissioners full and 
accurate statistics of the operations and condition of said 
bank in the month of October in each year. 

By-laws, &c. SECTION 18. The stocklioldcrs of said bank may establish 

such by-laws, rules and regulations, for conducting the 
business of said bank, as they may deem necessary, not 
inconsistent with the laws of the Commonwealth. 

Transfer of stock. SECTION 19. The stock of Said bank shall be transferable 
only at said bank, and on its books. 

Approved April 30, 1862. 



1862.— Chapters 207, 208, 209. 179 

An Act concerning truant childrkn and absentees from QJi^n 207 

SCHOOL. ^ ■ "^ 

Be it enacted, ^c, a.? follows : 

Section 1. Eacli city and town shall make all needful Towns shaii 
provisions and arrangements concerning habitual truants, |rrovt"oura.ia 
and also concerning children wandering about in the streets by-'iws respect- 
er public places of any city or town, having no lawful occu- 
pation or business, not attending school, and growing up in 
ignorance, between the ages of seven and sixteen years ; 
and shall also make all such by-laws respecting such children 
as shall be deemed most conducive to their welfare and the 
good order of such city or town ; and there shall be annexed Fines. 
to such by-laws suitable penalties not exceeding twenty 
dollars, for any one breach : provided, that said by-laws Proviso, 
shall be approved by the superior court sitting in any county 
in the Commonwealth. 

Section 2. Any minor convicted of being an habitual fo*'"'^^-™?^^'' 
truant, or any child convicted of wandering about in the tions. 
streets or public places of any city or town, having no lawful 
occupation or business, not attending school, and growing 
up in ignorance, between the ages of seven and sixteen 
years, may, at the discretion of the justice or court having 
jurisdiction of the case, instead of the fine mentioned in 
the first section, be committed to any such institution of 
instruction, house of reformation, or suitable situation 
provided for the purpose, under the authority of the first 
section, for such time, not exceeding two years, as such 
justice or court may determine. Approved April 30, 1862. 

An Act concerning mortgaues in fraud of the insolvent law. rjhnn 908 
Be it enacted, ^c, as follows : "' 

Chapter one hundred and ninety-four of the acts of the Act of isei re- 
year eighteen hundred and sixty-one, is hereby repealed. ^^*''"*" . 

Approved April 30, 1862. 

An Act in relation to the police court of the city of boston. Qfidj) 909 
Be it enacted, ^'c, as follows : 

Section 1. The special justice of the police court of the special justice 
city of Boston shall continue to hold his office according to ulYorofhe^ju"* 
the term of his commission, and at the request of the justice abreuc"/'"'*^ "'"''' 
of said court whose duty it may be in rotation to hold any 
term of said court, or in case of the sickness or absence of 
any justice, or a vacancy, then upon the request of the other 
justices of said court, or either of them, shall hold any term 
or terms thereof, and during the time of such sickness, 
absence or vacancy, shall have and exercise all the powers 



180 1862.— Chapters 210, 211, 212. 

and duties which by the statutes of this Commonwealth are 
Compensation, to bc cxercised by tlie justices of said court, and shall receive 
for such services all tlie compensation which the justice, 
whose place he so supplies, would be entitled to receive for 
the same services during the same time ; to be paid out of 
the salary and fees to which such justice would have been 
entitled for the like services. 

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

Approved April 30, 1862. 

Chap. 210 -^^ ■^^'^ RELATING TO JOINT STOCK COltPORATIONS. 

Be it enacted, §'c., as follows : 
cate'wuhTiMk Section 1. Every corporation organized luider the pro- 
of city or town visious of cliapter sixty-one of the General Statutes, shall 
davs'after corpo- filc thc ccrtificatcs rcquircd of corporations by sections 
ration meeting, gigiiteeu aud ninctecn of chapter sixty, and the directors 
shall make, and the president, treasurer and a majority of 
the directors shall sign, swear to and deposit with the clerk 
of the city or town in which such corporation is established 
or located, within thirty days after the date of the annual 
or semi-annual meeting, next preceding the date of such 
certificate, a certificate stating the date of such annual or 
semi-annual meeting, the amount of capital stock paid in, 
the name of and number of shares held by such stockholder, 
the amount vested in real estate and in personal estate, the 
amounts of property owned by and debts due to the corpora- 
tion, and the amount as nearly as can be ascertained, of 
existing demands against the corporation, all as ascertained 
and exhibited at the date of such annual or semi-annual 
meeting. » 

Repeal. SECTION 2. Chapter one hundred and twenty-one of the 

acts of the year eighteen hundred and sixty-one, and section 
ten, chapter sixty-one of the General Statutes, are hereby 
repealed. Approved April 30, 1862. 

Chap. 211 -^^ ^^"^ "^^ AMEND AN ACT TO INCORPORATE THE BROOKLINE WATER 
"* COMPANY. 

Be it enacted, §'c., as follows: 
Repeal. Thc eighth section of the act to incorporate the Brookline 

Water Company, being chapter two hundred and five of the 
acts of the year eighteen hundred and sixty-one, is hereby 
repealed. Approved April 30, 1862. 

Chap. 212 ^'^ -^^"^ CONCERNING THE COMPENSATION OF CERTAIN PUBLIC 
"' OFFICERS. 

Be it enacted, ^'c, as follows : 
Bnnk commis- SECTION 1. Tlic auuual compensation of the following 
persons shall be fixed as follows, viz. : each of the bank com- 



1862.— Chapters 213, 214, 215. 181 

missioners, and the secr'i'tary of the board of education, shall ^;'"j;5^*7t>"'' 
receive an annual salary of twenty-two hundred dollars ; 
each of the insurance commissioners shall receive an annual insurance com- 
salary of fifteen hundred dollars ; each of the inspectors of Almshouse in- 
the state almshouses shall receive an annual salary of one spectors. 
hundred and sixty dollars ; the agent or agents of the board Agents board of 
of education shall receive annually a sum not exceeding 
twenty-two hundred dollars ; and if more than one shall be 
appointed the said sum shall be in full for the compensation 
of all such agents. 

Section 2. No travelling expenses or hotel bills shall be Travelling ex- 
allowed to any person or persons whose compensation is ^^'^^"^^ 
provided for by this act. Approved April 30, 1862. 

An Act relative to proceedings under the bastardy laws. Chap. 213 
Be it enacted, Sfc, as follows: 

Public officers authorized to institute prosecutions and Prosecutions 
make complaints under the seventy-second chapter of the mued, "upon ''so- 
General Statutes, may, with the consent of the mother or of ''""'^• 
her parent or guardian, compromise the same on receipt of 
a fixed sum or security for the payment thereof, for the 
benefit of the city, town or Commonwealth, as the case may 
be, instead of prosecuting the same to final judgment. 

Approved April 30, 1862. 

An Act to establish the salary of the first clerk in the Chan. 214 

OFFICE OF THE ADJUTANT-GENERAL. 

Be it enacted, §"c., as folloios : 

Section 1. The salary of the first clerk in the office of saiary $i,5oo. 
the adjutant-general shall be fifteen hundred dollars per 
annum, to be computed from and after the first day of Jan- 
uary, in the year eighteen hundred and sixty-two. 

Section 2. All acts and parts of acts inconsistent here- 
with, are hereby repealed. 

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

Approved April 30, 1862. 
An Act to establish a law term of the supreme judicial Chap. 2X5 

COURT AT PLYMOUTH, WITHIN AND FOR THE COUNTY OF PLYMOUTH, "' 
AND TO CHANGE THE TIME OK HOLDING THE OCTOBER TERM OF THE 
SUPERIOR COURT IN SAID COUNTY. 

Be it enacted, &,"€., as follows : 

Section 1. A law term of the supreme judicial court for supremo judicial 
entering and hearing questions of law, civil and criminal, """'^' 
arising in the county of Plymouth, shall be held at Plymouth 
annually, on the third Tuesday of October. 

Section 2. Said term shall be taken to be a term for the 
return of process, entry of appeals, trials, and for all pur- 



182 1862.— Chapter 216. 

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. 
Superior court. SECTION 3. The term of the superior court for the county 
of Plymouth, now required by law to be held at Plymouth, on 
the third Monday of October, annually, shall be held on the 
fourth Monday of October. Approved AprU 30, 1862. 

Chap. 216 ^^ ^^"^ CONCERNING officers' FEES IN CRIMINAL CASES. 

Be it enacted, ^c, as folloics : 

Fees established. SECTION 1. Thcrc shall be taxed and allowed to deputy- 
sheriffs, constables, or otlier officers in criminal cases, and 
upon precepts for the commitment of lunatics, the following 
fees, and no others, except such as the court may deem 
reasonable, for services not herein specially provided for : 

Warrants. Q^ -^ ^QY scrvicc of Q. Warrant or capias, for each person 

on whom the same is served, fifty cents. 

Habeas corpus, (2.) For scrvicc of habeas corpus, mittimus, state prison 

mittimus, Te- ^ ^ , . , .-, . *^ '. i. . , i 

nire, &c. Warrant, venire, and notification to jurors tor attendance 

upon any courts, whether civil or criminal, and for service of 
all processes issued during the pendency of a prosecution, 
except subpoenas, for each person on whom the same is 
served, thirty cents. 

orpreclpte.'lx- ^^"^ ^^^ travel in the service of all precepts, except 

cept Tenires'. veuircs, if tlic distancc between the place of service and the 
place of return does not exceed twenty miles, five cents a mile 
each way, and for expenses, the actual reasonable expenses 
necessarily incurred in going or returning with the prisoner ; 
and if the officer necessarily uses a horse or carriage, he shall 
be allowed not exceeding fifteen cents a mile for the distance 
travelled one way, in the charge of expenses necessarily 
incurred as aforesaid, but in no case shall he be allowed any 
more than the amount actually expended for the use of any 
vehicle of another. 

miiT" *''*° ^ C^') ^^ *^^® distance between the place of service and place 
of return is more than twenty miles, the officer shall be entitled 
in lieu of travel as aforesaid, to a sum not exceeding two 
dollars ; and if he is necessarily absent from his home in the 
service of any of said precepts more than one day, he shall 
be entitled to a sum not exceeding two dollars per day for 
the time necessarily expended in the service, and his actual 
reasonable expenses necessarily incurred for conveyance and 
support of himself and prisoner. But in all cases upon the 
service of a mittimus, habeas corpus, state prison warrant, 
or other process in which a prisoner is already in custody, 



1862.— Chapter 216. 183 

for all distances exceeding twenty miles and less than sixty 
miles, from the place of service to the place of return, two 
dollars only, in addition to the necessary and reasonable 
expenses of the officer actually incurred in conveyance and 
support of officer and prisoner, shall be allowed. If the Mode of travel, 
journey from the town in which the prisoner is held to the ^'*' ' 
town in which he is to be committed, in the service of a mit- 
timus, can be performed by railroad, no allowance shall be 
made for use of horse or carriage, and if the service of the 
same can be completed in one day by railroad, no allowance 
for more than one day's travel shall be made ; and the officer 
juay convey the prisoner through any portion of another 
county, in the performance of such service by railroad. 

(5.) For travel, for service of venires, and notifications to serrice of ve- 
jurors, five cents a mile from the place of service to the place °"**' 
of return. 

Section 2. When more than one process is served upon Travel on more 
the same defendant at the same time, or on the same day, or ^j^*'>°°«p'"<^«»' 
when two or more prisoners are conveyed at the same time 
by the same officer, by mittimus, habeas corpus, or state 
prison warrant, either on one process or on several processes, 
one travelling fee and one service only shall be allowed, in 
addition to the actual reasonable expense necessarily incur- 
red, in conveying such additional prisoner or prisoners. 

Section 3. No fee shall be allowed to any justice of the issue and service 
peace for issuing more than one mittimus, nor to any officer mittimus, 1fee°8"* 
for the service of more than one mittimus in cases where two P'"o'»'''it«d. 
or more persons are jointly convicted and sentenced to the 
same place of imprisonment ; and in all cases in which the 
superior court is of opinion that a justice of the peace has 
improvidently issued two or more warrants against the same 
defendant for similar offences, no fees shall be allowed to 
the justice upon any of said warrants. 

Section 4. No fee shall be allowed for conveyance upon no fees for con- 
any criminal process except as provided in this act; and no Ince!'*'excepT m 
allowance shall be made for aid or assistance in the service p'"o^»*>«'1' &"• 
of any process, except upon the oath of the officer of the 
time and service expended by the assistant, and satisfactory 
proof that the charge is reasonable and necessary, and 
assistance required ; and no allowance shall be made for 
aid in the service of any mittimus, unless the same is first 
authorized in writing by the court issuing the same. 

Section 5. Justices and clerks and assistant-clerks of oaths t*^™^*'^ 
courts are hereby authorized and required to administer the justices and ' 
oatii to officers, upon their return, at their request ; and no l^'^r* '*' "'*°''''' 
fee shall be allowed to any officer for any oath made upon his 



184 1862.— Chapter 216. 

return, and no justice of the peace sliall be entitled to any 

fee for administering the oath to any officer upon his return 

upon any precept. 

Summoning wit- SECTION 6. For summoniug witnesses ten cents each shall 

fees defined!^'^ ' bc allowcd, and for travel ten cents a mile each way, for any 

distance not exceeding twenty miles, and for any excess of 

distance over twenty miles, five cents a mile, to be computed 

each way, and no more, the distance to be computed from 

Court may re- tlic most Tcmotc placc of scrvicc to tlic placc of return ; but 

tra/ei. *** *"' the court to which the same is returnable shall reduce the 

fee for travel, upon a subpoena, to a reasonable amount for 

the service performed, whenever the travel charged has not 

been actually performed by the officer who made the 

service. 

Travel on more SECTION 7. Ouc travcl ouly shall be allowed for the 

anoneprecep . ^^^^.^^ of auy oue prcccpt, and if the same precept be 

served on more than one person the travel shall be computed 

to and from the most remote place of service ; and where 

the travel to arrest prisoners, and the travel to summon 

witnesses, is in whole or in part the same, travel allowance 

shall be made for such travel as has been actually performed, 

and no more. 

Copies of pre- SECTION 8. For a copy of mittimus, warrant, or any 

other precept required by law, twenty-five cents shall be 

allowed. 

Attending court SECTION 9. For attending court before a justice of the 

and keeping pns- ^q^qq^ ^p policc court, and kccpiug prisoner, one dollar per 

day may be taxed upon one warrant only, if there be two 

or more against the same defendant at the same time ; but 

if the trial in any case is continued upon the arraignment, 

without an examination, no fee for attendance and keeping 

prisoner upon the day of arraignment shall be taxed. 

Salaried officers SECTION 10. No fee shall be allowed to any deputy-sheriff, 

fees for removrng or otlicr officcr ill attcndaiice upon the terms of the superior 

prisoners. court, or thc suprcmc judicial court, nor to any officer in 

attendance upon any police court, under a salary, or per 

diem allowance, for removing any prisoner, upon any 

precept or order from any one of said courts to the jail or 

other place of confinement established by law in the same 

county in which the court is tlien held, nor from the jail or 

other place of confinement to any one of said courts in the 

same county in which the jail or place of confinement is 

situated, before which the prisoner may be brought for 

arraignment, hearing, trial, or sentence, except for reasonable 

expenses actually incurred for the conveyance of the prisoner 

and the officer. 



oner. 



1862.— Chapter 216. 185 

Section 11. Officers attending upon the criminal sessions superior court, 
of the superior court in the county of Suffolk, shall receive officer"*Vay^^'°"' 
compensation therefor, as the court may allow, not exceeding 
three dollars a day. 

Section 12. No fees shall he allowed upon the return of omeer's return 
any officer upon any precept in which expenses are charged, uems of^xp^ense. 
unless every item of expense incurred is set forth in the 
return, under oath, with the name of the person or party to 
whom the several sums have been paid ; and no item of unreasonable 
expense which may be deemed unreasonable, shall be allowed '''^^'■s''^- 
by the justice of the peace, or of the police, superior, or 
other court, without satisfactory proof that the expense was 
necessarily incurred and the amount reasonable. But for Meritorious ser- 
any meritorious service, upon which the fees allowed by uoe'may' dVte?^ 
law may be manifestly inadequate, the superior court in its ^^^"/eq^^te.^*"' '^ 
discretion, upon the petition of the officer and the approval 
in writing of the district-attorney, if the process was return- 
able to the superior court, or of the justice of the peace or 
police justice before whom the process was returned, may 
allow such larger sum as may be deemed proper. 

Section 13. The justices of the police court in Boston PoUce court in 
shall designate not more than six constables, appointed by ancr^oV o^fflcers 
said city, to attend the criminal sessions of said court, and "p""- 
to serve such warrants, precepts, orders and processes 
issuing therefrom as shall be committed to them by said 
justices or either of them ; and said constables shall sever- salaries. 
ally receive from the treasurer of said city, an annual salary 
of fifteen hundred dollars. 

Section 14. Whenever the justice of a police court held city or town may 

f ,y -I • 1 ^ appoint officors 

m any town or city, or a justice of the peace, designated as upon desire of 
a trial justice, shall be of opinion that the cost of criminal •^o"'''o''J"«t«^«- 
proceedings, before said court or justice, may be reduced by 
the designation of one or more officers to attend the sittings 
of said court or justice, and to serve such processes, precepts 
and orders as may be committed to them, the said court or 
justice may request the mayor and aldermen or the selectmen 
to appoint one or more constables or police officers for the 
purposes aforesaid ; and the selectmen of the town or the compensation. 
mayor and aldermen of the city in which said court sits, or 
said justice resides, may determine the salaries of such 
officers so designated, which salaries shall Ijc paid by the 
treasurer of said town or city ; and it shall be the duty of Duties, 
said officers so designated to attend the civil as well as 
criminal sessions of such police courts for which their 
salaries, as aforesaid, shall be full compensation. 
31 



186 1862.— Chapter 217. 



Salaried oflTicers 
DOt to receive ex- 
tra compeDga- 
tion. 



penses. 



tain lock-ups. 



Section 15. No sheriff, deputy-sheriff, jailer, constable, 
city marshal or other officer, who receives a salary from any 
county, city or town, for his official services, shall be allowed 
or paid any fees, or extra compensation whatever, for any 
official services in any criminal case rendered or performed 
whilst such officer is entitled to a salary as aforesaid ; but 
all fees of such officers, for services in criminal cases, shall 
be allowed and taxed as in behalf of other officers, and shall 
be paid to the city, town or county from which such officer 

Necessary ex- rcccives liis Salary. The expenses of such officer, necessarily 
and reasonably incurred and actually disbursed, in the 
service of any precept, shall be allowed and paid to him. 

Towns to main- SECTION 1(3. Evciy towii coutaiiiiug more than three 
thousand inhal)itants shall, and every town may, keep and 
maintain a secure and convenient lock-up, or place of secu- 
rity, to which such persons as may be arrested or detained 

Justices may by ail officcr without a warrant, may be committed ; and a 

commit to for ,. , ... f»,i 

detention. polico court, or justicc 01 the peace, may commit, upon 

continuation for further examination, any prisoner charged 
with a misdemeanor or lesser offences, and not recognizing, 
to the lock-up in the town in which the court is held, when- 
ever in his opinion it may be deemed safe and commodious 
and costs may be saved thereby. 

Expense of de- SECTION 17. FoT tlic cxpenscs of detention and support 

tainiDg prisoner. . • i j • ,i , . • ,i i i j 

in cases provided in the above section, there may be cliarged 
upon the warrant or other precept, if any, fifty cents a day, 
or at that rate for the fractional part of a day, and no more, 
which shall be paid to the town or city maintaining the 
same. 

Repeal. SECTION 18. The fifth division of the first section, and 

the second, third, fourth and fifth sections of chapter one 
hundred and ninety-one of the laws of the year eighteen 
hundred and sixty, the one hundred and forty-sixtii chapter 
of the laws of the year eighteen hundred and sixty-one, and 
all laws inconsistent with the provisions of this act, are 
hereby repealed. 

Act, when to Section 19. This act shall take effect on and after the 
first day of June next. Approved April 30, 1862. 

PROCEEDINGS 



take effect. 



Chan 217 -^^ ■^^'^' concerning appeals and removals, in proce 

^ ' ^ BEFORE POLICE COURTS AND JUSTICES OK THE PEACE. 

Be it enacted, Sfc, as folloios : 
Appeals and re- SECTION 1. Whcnevcr ail appeal is taken, as now provided 

movals from po- , , < ,1 • , • • •^ \- ^ 

lice court of Bo.s- l)y law, to tlic supcrior court, in any civil action or proceed- 

court'.° ''"'"*"°'" ing before the police court of the city of Boston, or whenever 

the same is removed, as provided in this chapter or by any 



1862.— Chapter 217. 187 

provision of law, to the superior court, the clerk shall trans- Dutyofderk. 
mit the original writ or process and all papers connected 
therewith or filed in the case, including the recognizances 
taken before said court, and also a brief certificate of the 
proceedings, to the clerk of the superior court, and the same 
shall there be entered in the same manner as copies are now 
required by law to be entered ; and thereupon the same pro- 
ceedings siiall be had, and tiie same rights and remedies now 
provided by law in cases appealed or removed from a police 
court or jnstice of the peace. 

Section 2. In any action or prosecution so appealed or Docket, tieru to 
removed, the clerk shall cause to be entered in a docket ""^^p "^ ''*'""■'*• 
carefully kept, the names of all the parties to tlie same, the 
nature of the claim, complaint or proceeding, with all the 
doings of the court tliereon, and the final disposition of the 
same, with the amount of cost taxed in said court — first, for 
court or magistrates' fees; second, for service; third, for 
witnesses : and no other record shall be required to be kept, 
made or extended, than such a docket, and such entries 
therein, in actions or proceedings so appealed or removed. 

Section 3. AVHienever an appeal is taken, as now provided eL'k^ofra'iru.u 
by law, before the police court of the city of Boston, to the juagmeut,'etc. 
superior court, in any criminal action, the clerk shall trans- 
mit a copy of the judgment, the original recognizances, a list 
of the witnesses and a co|)y of the bill of costs for which no 
charge shall be made ; and no other papers shall be required 
to be transmitted. 

Section 4. Whenever in any civil action returnable before ciaims exceoding 
the police court of the city of Boston, the debt or damage feudaiyulay ' me 
claimed exceeds the sum of one hundred dollars, the defend- ^^^""'^ °^ "'""" 
ant, if he shall appear at the first term, may at any time 
within one week after the entry, file an affidavit of merits, 
as now required by law in actions of a like nature in the 
superior court ; and thereupon said action shall bo removed 
to the term of the snperior court next sitting in the county, 
and entered therein by the defendant, in the same manner 
and subject to the provisions of law as to the removal of 
cases from the superior court to the snpreme judicial court. 

Section 5. Whenever an appeal is claimed before a police surt-ties. 
court, or a justice of the peace, by the defendant, in any 
proceeding in which such defendant has given a bond to 
dissolve the attachment made in such case as provided by 
law, no sureties shall be required to prosecute such appeal. 

Section 6. In any action or proceeding before a police Appeals, defend- 
court or justice of the peace, in which tlie defendant claims "" \I"v^ on 'JiTmi 
an appeal within the time rc(iuiicd l)y law, such defendant j>'>ik'"'«-''>t. 



188 



1862.— Chapter 218. 



in lieu of furnishing sureties to prosecute said appeal, may 
witliin forty-eight hours from the time judgment is rendered, 
file a bond given and approved in the manner provided for 
giving bonds to dissolve attachments, in not less tlian double 
the amount of debt or damage claimed, conditional to pay 
the plaintiff the amount, if any, which he shall recover 
thereon within thirty days after final judgment. 

Approved April 30, 1862. 



Chap. 218 



Liability of offi- 
cers. 



Specifications- 
First. 



Liabilities of 
members. 



An Act to define and regulate the enforcement of the 
liabilities of officers and stockholders of manufacturing 
corporations. 

Be it enacted, ^~c., as foUoios : 

Section 1. The officers of manufacturing corporations 
[every manufacturing corporation] shall be jointly and 
severally liable for its debts and contracts in the following 
cases and not otherwise : 

First — For debts contracted between the time when the 
certificates required by the eighteenth, nineteenth and 
twenty-first sections of chapter sixty of the General Statutes 
are required to be recorded and the time when they are 
recorded. 

Second — For making or consenting to a dividend when 
the corporation is, or thereby is rendered insolvent, to the 
extent of such dividend. 

Third — For debts contracted between the time of making 
or assenting to a loan to a stockholder and the time of its 
repayment, to the extent of such loan. 

Fourth — When the debts of a corporation shall exceed its 
capital — to the extent of such excess, existing at the time 
of the commencement of the suit against the corporation 
upon the judgment in which the suit in equity to enforce 
such liability shall be brought as hereinafter provided. 

Fifth — For signing any certificate required by law knowing 
it to be false : but only the officer or officers knowing 
thereof shall be liable. 

Section 2. The members or stockholders in such corpo- 
rations shall be jointly and severally liable for its debts or 
contracts in the following cases, and not otherwise : 

First — For such as may be contracted before the capital 
is fully paid in, and a certificate thereof duly recorded. 

Second — For the payment of all debts existing at the time 
when the capital is reduced, to the extent of the sums with- 
drawn and paid to stockholders. 

Third — If the corporation shall neglect to comply with 
the provisions of the twenty-third section of chapter sixty 



1862.— Chapter 218. 189 

of the General Statutes, for debts existing and contracted 
before the same are complied with. 

Fourth — When special stock is created, the general Fourth, 
stockholders shall be liable for all debts and contracts until 
the special stock is fully redeemed. 

Fifth — For all sums of money due to operatives for Fifth, 
services rendered within six months before demand made 
upon the corporation, and its neglect or refusal to make 
payment. Any such member or stockholder who pays on a 
judgment or otherwise, more than his proportional sliare of 
any such debt, shall have a claim for contribution against 
the other members or stockholders. 

Section 3. No stockholder or officer in such corporation stockholders 
shall be held liable for its debts or contracts, unless a upon'^^judgmen* 
judgment is recovered against it and the corporation shall ti^n°a'^d''°'^^"eet 
neglect for the space of thirty days after demand made on to pay. 
execution, to pay the amount due with the .officer's fees, or 
exhibit to him real or personal estate of the corporation, 
subject to be taken on execution, sufficient to satisfy the 
same, and the execution shall be returned unsatisfied. 

Section 4. After the execution shall be so returned, the on return of exe- 
judgment creditor, or any other creditor, may file a bill in may"fiie '^wu' in 
equity in behalf of himself and all other creditors of the XkhoideT'"or 
corporation, against it, and all persons who were stockholders oncers. 
therein at the time of the commencement of the suit in 
which such judgment was recovered, or against all the 
officers liable for its debts and contracts, for the recovery of 
the sums due from said corporation to himself and such 
other creditors, for which the stockholders or officers may 
•be personally liable by reason of any act or omission on its 
part, or that of its officers, or any of them, setting forth the 
judgment and proceedings thereon, and the grounds upon 
which it is expected to charge the stockholders or officers 
personally. 

Section 5. Such suras as may be decreed to be paid by Assessments 
the stockholders in such suit in equity shall be assessed "rrtobepropor- 
upon them in pro[)ortion to the amounts of stock by them ''°"*'- 
respectively held at the time when the suit in which said 
judgment was recovered was begun; but no stockholder Limitation of 
shall be liable to pay a larger sura than the amount of stock "'^i>'i''y- 
held by him at that time at its par value. 

Section 6. The estates and funds in the hands of execu- Liability of funds 
tors, administrators, guardians or trustees, shall be liable to '"*''"'*'• 
no greater extent than the testator, intestate, ward or person 
interested in the trust fund, would have been if living and 
competent to act and hold the stock in his own name. 



190 18G2.— Chapter 219. 



Decease of de 
luiant not to 



Section 7. If during: the pendency of any suit in equity, 
batesuir"" '" as herein provided, one of the defendants sliall decease, the 
suit shall not abate thereby ; and his estate, in the hands of 
his executor or administrator, shall be liable to the same 
extent as he would be if living. Such executor or admin- 
istrator may voluntarily appear and become a party to such 
suit, or may be summoned by the plaintiif. 
di'nu'i'Iuir«i"h' Section 8. After a suit in equity to enforce the liability 
ou t order aud no- of stocklioldcrs ov officeps shall have been commenced, it? 
shall not be competent for the plaintiff to dismiss the same 
without order of court, and such notice to other creditors as 
the court may deem reasonable under the circumstances. 
Nonjoinder of SECTION 9. No sucli suit shall be abated by reason of the 
to "n'liate "suH, nou-joinder of persons liable as defendants, unless the plain- 
uuiess,etc. tiff aftcr being notified by plea or answer of the existence of 
such persons shall unreasonably neglect to make them 
parties. 
Repeal. SECTION 10. Scctious thirty-onc, thirty-two, thirty-three, 

and thirty-four of chapter sixty of the General Statutes and 
all other laws inconsistent herewith are repealed. 
Pendingsuits SECTION 11. Tliis act shall not affect any action or suit 

now pending or any rights of either party thereto. 

Approved April 30, 1862. 



tice 



not affected. 



Chap. 219 An Act to pi 

-^ THE 



PROVIDE FOR TAKING THE DEPOSITIONS OF PERSONS IN 
MILITARY SERVICE OF THE UNITED STATES. 

Be it enacted, &,-c., a.s follows: 
Certain regimen- SECTION 1. Commissious to takc tlic dcpositiou of any 
take^'depositi'ons pcrsoii without tliis stato engaged in the regular or volun- 
the?rcomm"nd" *^^^' ^^^^^ scrvicc of the United States, may be executed by 
the colonel, lieutenant-colonel or major of the regiment in 
which such person shall at the time serve or with which he 
may be connected : and for the purpose of taking the deposi- 
tion of such person, the colonel, lieutenant-colonel or major 
aforesaid, shall have power and authority to administer oaths 
to said persons ; and the deposition of such persons so taken, 
if otherwise taken in accordance with law, shall be received 
and may be used in evidence in the same manner as if taken 
before a commissioner of this Commonwealth appointed to 
take depositions in other states. 
Act to be in force SECTION 2. Tliis act shall remain in force until the first 
day of May, in the year one thousand eight hundred and 
sixty-three. Approved April 30, 1SG2. 



itil May 1, '63. 



18()'i.— CuArTER 220. 191 

An Act concerning the returns of keepers of jails and Qfi^^^ 220 

HOUSES OF CORRECTION. "' " 

Be it enacted, S)-c., as follows : 

Section 1. Tlie secretary of the CommouweaUh shall f,;^"*'^"^^'' *"""■" 
annually, in the month of September or before, furnish to ' ' 

the sheriffs, and to the board of directors of public institu- 
tions in the city of Boston, blank forms of returns concerning 
jails and houses of correction for the year ending on the 
last day of September, containing the following interroga- 
tories :- 

JAILS. 

Number of prisoners October first ; committed during the interrn^Mtories 
year; males, females; adults, minors; whites, colored ; ^°'' ^'"'''" 
natives of this state, natives of other states, natives of other 
countries ; unable to read or write ; married ; intemperate ; 
been in prison before ; committed as insane ; for debt ; as 
witnesses; for trial or examination; on sentence. Com- 
mitted for murder ; manslaughter ; setting fires ; robbery ; 
larceny; burglary; rape; attempt at rape ; adultery; lewd 
conduct; keeping houses of ill-fame; assault; perjury; 
forgery ; making or passing counterfeit money ; drunken- 
ness ; as common drunkards ; for violation of the liquor 
law ; for all other offences. Discharged by writ of habeas 
corpus ; by being recognized or bailed ; by expiration of 
sentence ; by payment of fines and costs ; as poor convicts 
unable to pay fines and costs ; pardoned ; transfen-ed to 
other places for trial ; sent to court and not returned ; 
executed. Sent to the state prison ; to the house of correc- 
tion ; to the state reform school ; to the nautical branch of 
the state reform school ; escaped and not re-taken ; debtors 
discharged on payment of debt ; by taking poor debtor's 
oath ; by order of creditor ; witnesses discharged ; prisoners 
that liave died ; discharged by processes not specified above ; 
remaining in confinement September thirtieth. Average 
number of prisoners. 

Amount expended for provisions ; for clothing ; light ; 
fuel ; medicines and medical attendance ; beds and bedding ; 
instruction ; officers' salaries ; amount allowed to discharged 
])risoncrs ; to witnesses ; expended for other purposes not 
iiercin enumerated ; total amount of expenses of all kinds. 
Value of the labor of prisoners. Nature of instruction 
given. Number of volumes in the lil)rary. Numi)er of 
j)risoners punished for misdemeanors while in prison. 



192 



1862.— Chapter 220. 



Interrogatories 
for houses of 
correction. 



County commis 
sioners, sheriff 
may require re- 
turus from. 



Penalty for neg- 
lect of commis- 
Bioners. 



HOUSES OF CORRECTION. 

Number ill confinement October first ; committed during 
the year ; males, females ; adults, minors ; whites, colored ;. 
natives of this state, natives of other states, natives of other 
countries ; unable to read or write ; married ; intemperate ; 
insane when committed ; became insane in prison ; been in 
prison before; committed for adultery; lewd conduct; 
keeping houses of ill-fame ; assault; violation of the liquor 
law ; drunkenness ; as common drunkards ; for larceny ; 
vagrancy ; all other offences. Discharged on expiration of 
sentence ; on payment of fines and costs ; as poor convicts 
unable to pay fines and costs ; on habeas corpus ; on account 
of sickness ; on account of insanity ; by order of overseers ; 
pardoned ; escaped and not re-taken ; discharged by pro- 
cesses not specified above ; died ; remaining in confinement 
September thirtieth. Average number of prisoners. 

Amount expended for provisions ; clothing ; fuel ; light ; 
medicines and medical attendance ; beds and bedding ; 
instruction; officers' salaries ; amount allowed to discharged 
prisoners ; expended for other purposes not before enume- 
rated ; total amount of expenses of all kinds. Value of 
labor of prisoners. Nature of instruction given. Number 
of volumes in the library. Number of prisoners punished 
for misdemeanors while in prison. 

Section 2. The board of county commissioners in any 
county, when applied to therefor by the sheriff, shall make 
a return to him on or before the tenth day of October, of 
the amount expended by them or with their approval, under 
their authority, to provide all necessary supplies for the 
jails and houses of correction, for each of the purposes 
specified in the preceding section. 

Section 3. The provisions of the seventy-first and 
seventy-second sections of the one hundred and seventy- 
eighth chapter of the General Statutes shall apply to this 
act ; and every county commissioner, when his board 
neglects to make the return required by the second section 
of this act shall be subject to a like forfeiture, to be 
recovered in the same manner and applied to the same 
object, as provided in the chapter and sections of the 
General Statutes aforesaid, in relation to sheriffs. 

Section 4. So much of chapter one hundred and 
seventy-eight of the General Statutes as is inconsistent with 
this act, is hereby repealed. Approved April 30, 1862. 



1862.— Chapters 221, 222, 223. 193 

An Act in addition to an act to provide fou the maintenance Qhn^ OOI 

OF THE UNION AND CONSTITUTION. -* ' 

Be it enacted, &,'c., as follows: 

Section 1. The provisions of section seventeen, of chapter compensation of 
two hundred and nineteen, of the acts of eighteen hundred k"^'^'"'*"^ * * 
and sixty-one, are hereby so extended as to authorize tlie 
allowance of compensation to the governor's staff, for special 
services heretofore rendered by them, for such time as shall 
be fixed by the governor, with the consent of the council : 
provided^ that such compensation shall not exceed the 
amount of compensation allowed a captain in the service of 
the United States. 

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

Approved April 30, 1862. 

An Act concerning common victualers. Chnn 999 

Be it enacted, ^c, a^ follows : , "' 

Section 1. The provisions of the seventy-second section Provisions of sec 
of chapter eighty-eight of the General Statutes, are hereby QenVrli^'surutes 
extended to all buildings or other places named in any extended, 
license granted to common victualers by the county commis- 
sioners, or by the mayor and aldermen or selectmen of any 
city or town. 

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

Approved April 30, 1862. 
An Act concerning state lunatic hospitals and insane and Qh/iv) 9^3 

IDIOTIC persons. ■^' 

Be it enacted, §'c., as folloios : 

Section 1. The titles of the state lunatic hospitals shall Titles estab- 
be severally, The Worcester Lunatic Hospital, The Taunton 
Lunatic Hospital, and The Northampton Lunatic Hospital. 

Section 2. The lands now holden and which may here- Lands iieid in 
after be holden, by the trustees of any state lunatic hospital, 
in trust for the Commonwealth, for the use of the institution 
of which they are trustees, shall not be taken for any street, 
highway or railroad, without leave of the legislature 
specially obtained. 

Section 3. Any of the judges of the supreme iudicial. Judges of certain 

1 1 X i J • ii -^ c Tt J. ^ courts may com- 

superior, and prol)atc courts, and, m the city oi J>oston, oi mitto. 
the police court, may commit to either of the state lunatic 
hospitals any insane pei'son who, in their opinion, is a proper 
subject for its treatment or custody. But in all cases, the Evidence of in- 
evidence and certificate of at least two respectable physi- *""'"^ '■^"^""■'"^' 
cians shall be required to establish the fact of insanity. In 
all cases the judge shall certify in what place the lunatic 



194 



1862.— Chapter 223. 



Applicants for 
commitment, to 
notify mayor or 
selectmen. 



Statement of 
facts, &c., to 
be filed with 
application. 



Judges to certify resided at the time of his commitment; or if ordered to be 
confined bj any conrt, the judge shall certify in what place 
the lunatic resided, at the time of the arrest in pursuance 
of which he was held to answer before such court ; and such 
certificate shall, for the purposes of this act, be conclusive 
evidence of his residence. 

Section 4. Any person applying for the commitment or 
for the admission of a lunatic to a state lunatic hospital, 
under the provisions of this act, shall first give notice in 
writing to the mayor, or one or more of the selectmen, of 
the place where the lunatic resides, of his intention to make 
such application ; and satisfactory evidence that such notice 
has been given shall be produced to the judge in cases of 
commitment, and to the trustees upon applications for 
admission. 

Section 5. Upon every application for the commitment 
or admission of an insane person to any hospital or asylum 
for the insane, there shall be filed with the application or 
within ten days after the commitment or admission, a state- 
ment in respect to such person, showing as nearly as can be 
ascertained his age, birthplace, civil condition, and occupa- 
tion ; the supposed cause and the duration and character of 
his disease, whether mild, violent, dangerous, homicidal, 
suicidal, paralytic or epileptic ; the previous or present 
existence of insanity in the person or his family ; his habits 
in regard to temperance ; whether he has been in any lunatic 
hospital, and if so, what one, when, and how long ; and, if 
the patient is a woman, whether she has borne children, 
and, if so, what time has elapsed since the birth of the 
youngest ; the name and address of some one or more of his 
nearest relatives or friends, together with any facts showing 
whether he has or has not a settlement, and if he has a 
settlement, in what place ; and if the applicant is unable to 
state any of the above particulars, he shall state his inability 
to do so. The statement or a copy thereof shall be trans- 
mitted to the superintendent of the hospital or asylum, to 
be filed with the order of commitment, or the application 
for admission. 

Section 6. The judge may hear and determine such 
applications, in respect to persons alleged to be insane, at 
such times and places as he may appoint; and the presence 
of the alleged lunatic at the hearing may be required or 
dispensed with, in the discretion of the judge ; and the court 
may in its discretion, issue a warrant to the sheriff, or his 
deputy, directing him to summon a jury of six lawful men, 
to hear and determine whether the alleged lunatic is insane. 



Judge to deter- 
mine aiiplicii- 



May 
jury. 



1862.— Chapter 223. 195 

Whenever a jury is summoned, pursuant to the provisions Fees and ex- 
of this section, the same proceedings shall be had and the ^^"'*^' 
same fees and expenses paid as are provided by the General 
Statutes, chapter seventy-three, sections twelve, thirteen, 
fourteen, fifteen and sixteen. 

Section 7. Whenever application shall be made to any Appik-ation to 
judge of probate for the commitment of an insane person feelf'to offi°e''r''Iu 
under the provisions of this act, he may allow to the sheriff, low^bie. 
deputy-sheriff or constable, or other person to whom a pre- 
cept i« directed by name, who may serve the same, the same 
fees as are allowed to officers upon the commitment of per- 
sons to prison, and such further sum for expenses incurred 
in said commitments, or in bringing such lunatic before the 
judge, as to him may seem reasonable ; and the sums so 
allowed shall be certified and paid, as provided in the 
General Statutes, chapter seventy-three, section sixteen. 

Section 8. Upon every application for -the admission of certificate of 
an insane person to the several state lunatic hospitals, or to fileiniith llX- 
any asylum or private house for the reception of the insane, ='*''o"- 
the applicant shall file with his application a certificate, 
signed by two respectable physicians, one of whom, when 
practicable, shall be the family physician of the patient, 
certifying after due inquiry, or personal examination of the 
patient by them, within one week prior to the date of tlie 
certificate, to the insanity of the person in whose behalf 
admission is sought, and that such person is a fit subject for 
remedial treatment at such hospital, asylum or private 
house. 

Section 9. Any insane person who is supported by any overseers of poor 
place as a pauper, may be committed by the overseers of the ho*pita'i"""'witu 
poor thereof, to either of the state lunatic hospitals, with the 1°^^^"' °^ "^"'- 
consent of the trustees, and shall be kept for a sum not 
exceeding the actual expense of his support. And the Trustees may re- 
trustees shall receive into the hospital, any other insane '^""'^ others. 
person having a settlement or residence in this Common- 
wealth, for such compensation as they may determine. 

Section 10. The exjjenses of the state lunatic hospitals Expenses of 
for the support of lunatics having known settlements in this L",own *'''"" "^ 



settle- 



meut8. 



state, shall be paid quarterly, either by the persons obligated 
to pay, or by the place in which such lunatics had their 
residence, at the time of their commitment, unless other 
sufficient security is taken to the satisfaction of the trustees, 
for sucii support. If any place or person refuses to pay Municipiiity or 
whatever sum may be charged and due according to the w'pay.'^jist'rict 
by-laws of the hospital, on account of the support of such '^'^^'^j;'^; 
patient therein, or for the removal of any patient whom the 



prosecute. 



uiay 



196 



1862.— Chapter 223. 



Expenses of 
lunatics having 
no known settle- 
nieuta. 



Att'y-general 
and ilist.-att'ys 
to advise when 
requested. 



Removal of pa- 
tients when hos- 
pitals are full. 



Discharge of in- 
curable, harmless 
patients, upon 
application to 
judges or trus- 
tees, conditions 
of. 



trustees are authorized by law to remove, for thirty days 
after the same has been demanded by the treasurer, in 
writing, of the mayor and aldermen of the city, or of the 
selectmen of the town, or of the person liable therefor, the 
same, with interest from the time of such demand, may be 
recovered for the use of the hospital in an action to be 
instituted by the district-attorneys, or other prosecuting 
officers, in the name of the treasurer, against such delin- 
quent city, town or person. 

Section 11. The expenses of the hospitals for the support 
of lunatics not having known settlements in this state, com- 
mitted thereto, shall be paid quarterly by the Commonwealth 
at the same rates charged for city and town pauper lunatics 
therein, but not to exceed the sum of two dollars and sixty- 
two cents per week ; and the same may afterwards be recov- 
ered, by the treasurer of the Commonwealth, of the lunatics 
themselves, if of sufficient ability to pay the same, or of any 
person or kindred obligated by law to maintain them, or of 
the place of their settlement if any such is ascertained ; and 
the district-attorneys, or other prosecuting officers, shall 
institute suits therefor when requested. 

Section 12. It shall be the official duty of the attorney- 
general and district-attorneys to advise and consult with the 
trustees and treasurers of the several state lunatic hospitals, 
when requested by them, on all questions of law relating to 
their official business. 

Section 13. If at any time, all the state lunatic hospitals 
shall be so full that the inmates cannot all be suitably accom- 
modated therein, and in the opinion of the trustees of either 
hospital it is proper that some should be removed, the trus- 
tees may remove to their respective homes, or to the places 
of their legal settlement, or of their residence, so many as 
may be necessary to afford suitable accommodation for the 
remainder ; but only such patients shall be selected for 
removal as, in the opinion of the trustees and superinten- 
dent, are not susceptible of improvement and can be suitably 
managed at their homes or in the places to which they may 
be sent. 

Section 14. Any judge of the supreme judicial or supe- 
rior court, at any term held within and for the county in 
which either hospital is located, or the judge of the probate 
court of such county, or the trustees of such hospital may, 
on application in writing for the discharge from such hospi- 
tal of any insane person who has remained there a sufficient 
time to make it appear that he is incurable, and not danger- 
ous to the peace and safety of the community, cause him to 



1862.— Chapter 223. 197 

be delivered to the agents of any place in which he has a 
legal settlement or on which he has a legal claim for sup- 
port, or to his friends, when it appears that it would not be 
to his injury, and that he would be comfortably and safely 
provided for by any parent, kindred, friend, master or guar- 
dian, place or institution. When application has been made Tmi by a jury, 
to any judge for the discharge of any insane person, any u"pou''recrues^^" 
person interested in said discharge may request a trial upon 
said application by a jury, and the judge before whom the 
trial is to be held shall issue a warrant to the sheriff of the 
county, or his deputy, directing him to summon a jury of 
six lawful men, to hear and determine whether such insane 
person is incurable, and may be comfortably and safely pro- 
vided for according to the terms of this section. The 
proceedings shall be the same in selecting jurors, conducting 
the trial and allowing the costs, as are provided in sections 
twelve, thirteen, fourteen, fifteen and sixteen of chapter 
seventy-three of the General Statutes. 

Section 15. The several judges of probate in the counties Judges of probate 
where the state lunatic hospitals are located, shall have the """y *^'^''''"*''®- 
same authority at any time to discharge from confinement 
lunatics committed to the hospitals, as is conferred upon the 
trustees and the justices of tlie supreme judicial and superior 
courts by the twenty-ninth section of chapter seventy-three 
of the General Statutes. 

Section 16. The money and cost of clothing which the certain expenses 
trustees of any state lunatic hospital may by law furnish to hnburre^nt Z'- 
discharged pauper lunatics, the expense of pursuing such as ^"•-'•^• 
elope therefrom and of burial of pauper lunatics dying in the 
hospitals, shall be reimbursed to the trustees by the places of 
legal settlement of city and town paupers, and by the Com- 
monwealth in the case of state paupers. 

Section 17. When a person held in prison on a charge Duty of jury 
of having committed an indictable offence is not indicted by forTusTnity!'*' 
the grand jury, or, on trial is acquitted by the jury by reason 
of insanity, the jury in either case shall certify that fact to 
the court, and thereupon if the court is satisfied that he is 
insane, tliey may order him to be committed to one of the 
state lunatic hospitals under such limitations as they may 
direct. 

Section 18. The eighth, ninth, tenth, eleventh, nine- uepcai. 
teentli, twentieth, twenty-first, twenty-second, twenty-third, 
twenty-fourth, twenty-seventh, twenty-eighth and thirtieth 
sections of tlie seventy-third, and the fifteenth section of the 
one hundred and seventy-first, and the seventeenth section 
of the one hundred and seventy-second chapters of the Gen- 
eral Statutes, are hereby repealed. Approved April 30, 18G2. 



198 1862.— Chapter 224. 



Chop. 22-4 -^^ ^^'^ "^^ LEVY TAXES ON CERTAIN INSURANCE COMPANIES AND ON 
•* DEPOSITORS IN SAVINGS BANKS. 

Be it enacted ^ ^t., as follows : 
Jan^eTrato^f SECTION 1. All firG, marine, and fire and marine insiir- 
assessinent one ancG companics, incorporated under the laws of this Com- 
percent. monwealtli, shall pay taxes to the treasurer of the Common- 

wealth, as follows, to wit: — One per cent, per annum on all 
premiums received for insurance either in cash or in notes 
absolutely payable by any of such companies, whether stock, 
mutual or mixed, and one per cent, on all assessments made 
by any mutual or mixed companies. 
Companies incor- SECTION 2. Eacli firc, marine, and fire and marine insur- 
Ia^IIT! uo^^per ance company incorporated by any other state of the United 
States, shall annually pay to the treasurer of the Common- 
wealth a tax of two per cent, upon all premiums charged or 
received on contracts made in this Commonwealth for the 
insurance of property, or received or collected by agents in 
Incorporated by this Commouwealtli I and each fire, marine, and fire and 

other countries, . . . t • i i 

four percent, marine insurance company incorporated or associated under 
the laws of any government or state other than one of the 
United States, shall annually pay to the treasurer of the 
Commonwealth a tax of four per cent, upon all premiums 
charged or received, on contracts made in this Common- 
wealth, for the insurance of property, or received or collected 
Assessment and by agcuts iu tliis Commoiiwealth ; which taxes respectively 
orVrMcribed!"^^ shall be assessed by the treasurer of the Commonwealth, for 
the year ending October thirty-first, and shall be paid within 
ten days after the first Monday in December, in each year ; 
and no other tax shall be assessed upon such insurance 
companies so long as this act continues in force. 
Mass. Hos. Life SECTION 3. Tlic Massacluisctts Hospital Life Insurance 
cent, on capitou Coiupany sliall pay to the treasurer of the Commonwealth a 
cent'ondeposits, tax of ouc pcr ccnt. per annum on all its capital stock, and 
trust-funds, etc. of ouc-third of onc per cent, per annum upon all moneys 
and property in the possession or charge of said company as 
deposits, trust-funds, or for purposes of investment, at the 
time for which return of said company, required by the 
seventh section, shall be made. 
Savings banks SECTION 4. Evcrj savlugs bauk and institution for sav- 

and institutions, . . iiii /.i-z-i 

one-iiaifpercent. mgs, lucorporatcd uudcr the laws of this Commonwealth, 
on(Lposit3. including the Mercantile Savings Institution in the city of 
Boston, shall pay to the treasurer of the Commonwealth a 
tax on account of its depositors of one-half of one per cent, 
per annum on the amount of its deposits, to be assessed, 
one-half of said annual tax on the average amount of its 
deposits for the six months preceding the first day of May 



1862.~Chapter 224. 199 

and the other on the average amount of its deposits for the 
six months preceding the first day of November. 

Section 5. All taxes provided for by this act, excepting Taxes, except 
the taxes imposed by the second section, shall be paid semi- ^un'e'au'dDecem" 
annually within ten days after the first Mondays of June *""'• 
and December, each payment to be an assessment, by the 
treasurer, of one-half the annual percentage. 

Section 6. Every insurance company mentioned in sec- insurance com- 
tion one, shall semi-annually make a return vi^hich shall be sem^'iiliuuar'r'l- 
signed and sworn to by its president and secretary, of the *"''"^- 
full amount of all premiums received for insurance by said 
company, either in cash or notes absolutely payable, and if 
it be a mutual company or have a mutual department, of 
all its assessments made. 

Section 7. The Massachusetts Hospital Life Insurance Mass. iios. Life 
Company shall semi-annually make a return, which shall be nuai returns'.''"" 
signed and sworn to by a majority of its board of directors, 
of the full amount of its capital stock and of all moneys 
and property, in detail, in the possession or charge of said 
comj)any as deposits, trust-funds, or for purposes of invest- 
ment. 

Sections, Every savings bank and institution for s a v- savings banks 
ings incorporated under the laws of this State, including gemi-annuai'°re- 
thc Mercantile Savings Institution in the city of Boston, *""■" "^'^'-'P""''^- 
shall semi-annually make a return, signed and sworn to by 
its president and treasurer, of the amount of its deposits on 
the first days of May and November of each year, and of 
the average amount of its deposits for the six months next 
preceding each of said days. 

Section 9. Each return required by the sixth, seventh Returns to be 
and eighth sections of this act shall be made to the treasurer ^f'^commWRu 
of the Commonwealth on or before the second Mondays '° ^'^y ^^"^ ^o- 
of May and November ; and the returns required by the 
seventh and eighth sections shall include, as severally 
required in said sections, capital stock, moneys, property, 
money at interest or deposits, in the ownership, possession 
or cliarge of the com))any making the return, on the first 
day of the month of May or November in which said return 
is required. And each return required by the sixth section 
of this act shall express the full amount of i)remiums 
received either in cash or in notes absolutely payable for 
insurance, or assessments made, as rc(iuired by said section, 
during the six months last preceding the first day of the 
month of May or Noveml)er in which said return is re([uircd. 
Every corporation neglecting to make return as rc([uircd by renaitirsforncg. 
this act shall forfeit IM'ty dollars for each day of such neglect ; uLuu. '""""' " 



200 1862.— Chapter 225. 

and any corporation that wilfully makes false statements iu 
any such return shall be liable to pay a fine of not less than 
five hundred nor more than five thousand dollars. But the 
return for the first day of May of the present year may be 
made on the first day of June next. 
AgeDts for com- SECTION 10, No pcrsou, after the first day of June in 

panics of other i n i i • in 

States and coun- the ycar eifflitcen liundred and sixty-two, sliall as agent 

tries to give bond r n • n j .*'..' " 

to trealurer of 01 any urc, marine, or fire and marine insurance company, 
Commonwealth. j-,q^ incorporated under the laws of this Commonwealth, 
make or cause to be made any insurance in this Common- 
wealth until he shall have given a bond to the treasurer of 
the Commonwealth, with sufficient sureties to be approved 
by said treasurer, in the sum of two thousand dollars, with 
conditions that he will pay, as herein before provided, the 
taxes imposed by this act upon all premiums charged or 
received or collected by him, or under his authority, for the 
romplianc^e'! °°°' compauy or companies of which he may be the agent ; and 
any person making insurance, or causing insurance to be 
made in violation of the provisions of this section, shall be 
liable to pay a fine not exceeding one thousand dollars. 
Liability of com- SECTION 11. Evcry corporatioii or associatioii of pcrsous 
pauies or neg- j^ggjg^jjjjjg ^q pg^y ^Jjq taxcs iiuposcd by this act as herein 
before provided, shall be liable for the same with costs and 
interest in an action of contract in the name of the Com- 
monwealth at the suit of the treasurer, and shall be further 
liable, on application of the treasurer of the Commonwealth 
therefor, to any one of the justices of the supreme judicial 
court, to injunction restraining said corporation or associa- 
tion and the agents thereof, from the further prosecution of 
jts business until all taxes due by virtue of this act, with 
costs and interest, shall be fully paid. 
Property taxed SECTION 12. AH property taxed under the third and 
ftmrth sections fourtli scctioiis of tliis act shall be otherwise exempt from 
therfax:7e'tJ"ns' taxatiou for tlic currciit year in which the tax is paid ; and 
dl'finld"^' ^'"'^'' "^ savings bank shall be required to make any return of 
deposits in accordance with the provisions of the one hun- 
dred and fiftieth and one hundred and fifty-second sections 
of chapter fifty-seven of the General Statutes, but only of 
collaterals held so long as this act continues in force. 
Section 13. This act shall take effect upon its passage. 

Approved April 30, 1862. 

Chap. 225 An Act making appropriations to meet certain expenditures 
authorized the present year, and for other purposes. 

Be it enacted, §'c., o.s foUoios : 

Appropriations SECTION 1. Tlic suiiis hereinafter mentioned are appro- 
priated, and shall be allowed and paid out of the treasury of 



1862.— Chapter 225. 201 

the Commonwealth, from the ordinary revenue, except in 
cases otherwise ordered, for the purposes specified in certain 
acts and resolves of the present year, herein cited, and for 
other purposes, to wit : * 

In the resolve, chapter four, in favor of the Marshpee Marshpee schools 
schools, the sum of seventy-five dollars, the same to be paid 
out of the moiety of tlie school fund. 

In the resolve, chapter eight, in favor of the district of District. 
Marshpee, the sum of one hundred and fifty-three dollars. 

In the resolve, chapter nine, in favor of J. B. Keycs and Keyesand Rich- 
G. F. Richardson, the sum of twenty-five dollars seventy '"''*^°"- 
cents. 

In the resolve, chapter ten, in favor of the Washingtonian washingtoniaa 
Home, the sum of three thousand dollars. 

In the resolve, chapter twelve, in favor of the Massachu- Eye and Ear in- 
setts Charitable Eye and Ear Infirmary, the sum of fifteen ^™*'"y- 
hundred dollars. 

In the resolve, chapter thirteen, in favor of Josiah Cushing, Josiah cushing. 
the sum of ninety-four dollars. 

In the resolve, chapter fourteen, in favor of Albert W. Albert w. scott. 
Scott, the sura of sixty-three dollars. 

In the resolve, chapter fifteen, in favor of E. P. Brownell westport, seiect- 
and Restcome Macomber, selectmen of the town of Westport, '"*''■ 
the sum of seventy dollars and ninety-six cents. 

In the resolve, chapter sixteen, in favor of tlie New Eng- n. e. f. m. Re- 
land Female Moral Reform Society, the sum of six hundred *'°'"™ ^""^'y- 
and eight dollars and fifty-four cents. 

In the resolve, chapter eighteen, in favor of the state Northampton 
lunatic hospital, at Northampton, the sum of three thousand ""^p''^'- 
dollars. 

In the resolve, chapter twenty-one, in favor of Increase N. increase n. Em- 
Emerton, the sura of fifty dollars. 

In the resolve, chapter twenty-two, in favor of Nathaniel Nathaniel Bean. 
Bean, the sum of eleven hundred and twenty dollars. 

In the resolve, chapter twenty-three, granting aid for the suppres.qion of 
suppression of counterfeiting bank bills and coin, the sura of «o""'«'-''«i"''K- 
fifteen hundred dollars. 

In the resolve, chapter twenty-four, in favor of Francis Francis Adams. 
Adaras, the sum of five hundred and seventy-six dollars. 

In the resolve, chapter twenty-five, in favor of William S. wniiam s. whii- 
Whitwell, the sura of three hundred and forty-seven dollars '"*'"■ 
and ninety-eight cents. 

In the resolve, chapter twenty-eight, for the payment of Transportation 
the expense of transportation of certain persons, the sum Qf <^'"''^'" p*""»°°8. 
two hundred dollars. 



202 



1862.— Chapter 225. 



County of Suf- 
folk. 



New Sedford City 
Guards. 



Indians, Gay 
Head, Chappe- 
quiddic and 
Christian town. 



Sally Burr. 



Charlotte E. 
Meyers. 



George Godfrey. 



Hebron Wams- 
ley. 



Jemima Easton. 



Middleton, over- 
seers poor. 



Rainsford Island 
Hospital. 



Westport, over- 
seers poor. 



Isaac S. Morse. 



Powder house, 
Captain's Island. 



Rhode Lsland 
boundary. 



In the resolve, chapter twenty-nine, in favor of the county 
of Suffolk, the sum of six thousand four hundred dollars and 
seventy-six cents. 

In tlie resolve, chapter thirty-one, in favor of A. S. Cush- 
man and others of the New Bedford City Guards, the sum of 
three hundred and ninety-two dollars. 

In the resolve, chapter thirty-two, in aid of schools among 
the Indians of Gay Head, the sum of one hundred and ten 
dollars. 

In the resolve, chapter thirty-three, in favor of the Chap- 
pequiddic and Christiantown Indians, the sum of one hundred 
and four dollars. 

In the resolve, chapter thirty-four, in favor of the Punka- 
pog tribe of Indians, for the benefit of Sally Burr, and her 
son James Burr, the sum of fifty-two dollars. 

In the resolve, chapter thirty-five, in favor of the guardian 
of the Punkapog Indians, for the benefit of Charlotte E. 
Meyers, the sum of fifty-two dollars. 

In the resolve, chapter thirty-six, in favor of George 
Godfrey, thirty-eight dollars. 

In the resolve, chapter thirty-seven, in favor of Hebron 
Wamsley, the sum of twenty dollars. 

In the resolve, chapter thirty-eight, in favor of Jemima 
Easton, fifty-two dollars. 

In the resolve, chapter forty-one, in favor of the overseers 
of the poor of the town of Middleton, the sum of thirty-four 
dollars ten cents. 

In the resolve, chapter forty-two, in favor of Rainsford 
Island Hospital, three hundred and fifty dollars. 

In the resolve, chapter forty-three, in favor of the overseers 
of the poor of the town of Wesport, for A. P. Louis, an 
Indian, the sum of fifty dollars. 

In tlie resolve, chapter forty-four, in favor of Isaac S. 
Morse, the sum of sixty dollars sixty-nine cents. 

In the resolve, chapter forty-six, for repairs on powder 
house on Captain's Island, the sum of five hundred dollars. 

In the resolve, chapter fifty, for the payment of expenses 
in the boundary suit between Massachusetts and Rliode 
Island, a sum not exceeding five thousand dollars. 

In tlie resolve, chapter fifty-four, in favor of H. J. White, 
the sum of thirty-two dollars, to be paid out of the Union 
fund. 

In the resolve, chJipter fifty-five, in favor of Hannah M. 
Needham, the sum of three hundred and ninety dollars, to 
be paid out of the Union fund. 



1862.— Chapter 225. 203 

In tlie resolve, chapter fifty-six, in favor of Captain A. P. a. p. chamber- 
Chamberlin, the sum of one hundred and ninety-seven dol- ''°' 
lars and fifty-eight cents, to be paid out of the Union fund. 

In the resolve, chapter fifty-seven, in favor of Sanford sanford Aimy. 
Almy, the sum of two hundred and seventy-six dollars and 
forty cents, to be paid out of the Union fund. 

In the resolve, chapter fifty-eight, in favor of William C. wm. c. Lover- 
Lovering, the sum of one hundred and ninety-seven dollars '"^' 
and fifty-eight cents, to be paid out of the Union fund. 

In the resolve, chapter fifty-nine, in favor of Lemuel Lemuel Brad- 
Bradford, second, the sum of one hundred and five dollars 
and fifty cents, to be paid out of the Union fund. 

In the resolve, chapter sixty, in favor of the Brigade Band, Brigade Band, 
of Lowell, the sum of three hundred and fifty-two dollars, to 
be paid out of the Union fund. 

In the resolve, chapter sixty-one, in favor of Samuel C. samu c. Graves. 
Graves, the sum of three hundred and one dollars, to be paid 
out of the Union fund. 

In the resolve, chapter sixty-two, in favor of the Lewis Lewis wharf co. 
Wharf Company, the sum of one hundred and eighty 
dollars. 

In the resolve, chapter sixty-three, in favor of Edmund Edm'd cobum. 
Coburn, the sum of three hundred and six dollars, to be paid 
out of the Union fund. 

In the resolve, chapter sixty-four, in favor of Hannibal Hannib'iThomp- 
Thompson, of Stoughton, the sum of seventy-five dollars. 

In the resolve, chapter sixty -five, in favor of William A. ^^- ^- crafts. 
Crafts, the sum of one hundred dollars. 

In the resolve, chapter sixty-six, in favor of AdinHolbrook, Adin iioibrook. 
of Rockport, the sum of one hundred dollars. 

In the resolve, chapter sixty-seven, in favor of Washington Washington l. 
L. Blake, of Boston, the sum of sixty-six dollars sixty-seven 
cents. 

In the resolve, chapter sixty-eight, in favor of Rebecca Rebecca Davis. 
Davis, the sum of fifty dollars. 

In the resolve, chapter sixty-nine, in favor of James Mon- James Monroe, 
roe, administrator of Jotham B. Monroe, the sum of eighteen 
thousand three hundred and seventy-six dollars thirty-two 
cents. 

In the resolve, chapter seventy-two, in favor of Charles G. chas. g. uusseii. 
Russell and others, the sum of three hundred dollars. 

In the resolve, cliajjter seventy-three, in favor of James B. Jas. b. Sampson. 
Sampson, the sum of seventy-eight dollars. 

In the resolve, chapter seventy-four, in favor of Isaac S. Isaac s. Burrm. 
Burrill and others, the sum of one hundred and ninety-four 
dollars seventeen cents, to be paid out of the Union fund. 



204 



1862.— Chapter 225. 



Isaac Jones. 
Charles L. Gill. 



Jerome A. Uar- 
rington. 



Jona. S. Robin- 
son. 



■Win. II. Sumner. 



James Keenan. 



Chas. T. Robin- 
son. 



State prison. 



Valuation of un- 
productive prop- 
erty. 



Chas. E. Grover. 



Barnard C. Mar- 
chant. 



John E. Ames. 



Sudbury Rifle 
Company. 



Bristol County 
Agricu'l Society. 



Cattle commis- 
Bious, expenses. 



Chaplains, door- 
keepers, etc. 



Ill the resolve, chapter seventy-five, in favor of Isaac Jones, 
the sum of seventy-five dollars. 

In the resolve, chapter seventy-six, in favor of Charles L. 
Gill, the sum of two hundred and thirty-four dollars. 

In the resolve, chapter seventy-seven, in favor of Jerome 
A. Harrington, the sum of fifty-one dollars. 

In the resolve, chapter seventy-eight, in favor of Daniel 
Currier, of Salem, the sum of twenty-five dollars. 

In the resolve, chapter seventy-nine, in favor of Jonathan 
S. Robinson, the sum of two hundred and ten dollars. 

In the resolve, chapter eighty-one, in favor of William 11. 
Sumner, the sum of fifty-one dollars. 

In the resolve, chapter eighty-two, in favor of James 
Keenan, the sum of two hundred and ten dollars. 

In the resolve, chapter eighty-three, in favor of Charles T. 
Robinson, of Raynham, the sum of one hundred and thirty 
dollars sixty-five cents. 

In the resolve, chapter eighty-four, in aid of the Perkins' 
institution and Massachusetts asylum for the blind, the sum 
of three thousand dollars. 

In the resolve, chapter eighty-five, to cover deficiencies at 
the state prison during the current year, the sum of twelve 
thousand dollars. 

In the resolve, chapter eighty-seven, to provide for an 
accurate valuation of the unproductive property of the Com- 
monwealth, a sum not exceeding one hundred dollars. 

In the resolve, chapter eighty, in favor of Charles E. 
Grover, the sum of sixty dollars. 

In the resolve, chapter ninety, in favor of Barnard C. 
Marchant, the sum of fifty dollars. 

In the resolve, chapter ninety-one, in favor of John E. 
Ames, the sum of three hundred and ninety dollars, to be 
paid out of the Union fund. 

In the resolve, chapter ninety-four, in favor of Sudbury 
Rifle Company, the sum of three hundred and fourteen 
dollars, to be paid out of the Union fund. 

In the resolve, chapter ninety-five, in favor of Bristol 
County Agricultural Society, the sum of two hundred an 
fifty dollars. 

In the resolve, chapter ninety-seven, for the payment of 
expenses incurred under the provisions of the act concern- 
ing cattle commissioners, a sum not exceeding five thousand 
dollars. 

In the resolve, chapter one hundred and two, to provide 
additional compensation to the chaplains, doorkeepers, mes- 
sengers and pages of the legislature, a sum not exceeding 



1862.— Chapter 225. 205 

one thousand and sixty dollars, as follows : for each chaplain 
forty dollars ; for each doorkeeper sixty dollars ; for each 
messenger sixty dollars ; for each page forty dollars. 

In the resolve, chapter one hundred and three, in favor of lUiodaM. Taylor 
Rhoda M. Taylor, fifty dollars. 

In the resolve, chapter one hundred and four, in favor of ^'jj'i'i'" i'^'««'- 
Hiram L. Newhall, fifty dollars. 

In the resolve, chapter one hundred and five, in favor of Michael Green. 
Michael Green, of Lawrence, sixty-six dollars. 

In the resolve, chapter one hundred and six, in favor of Thomas a. sears. 
Thomas A. Sears, seventy-five dollars. 

In the resolve, chapter one hundred and eight, in favor of '»'■"• t- ^a^^ii- 
William T. Patch, forty-four dollars. 

In the resolve, chapter one hundred and fourteen, in favor Military com pa- 
of certain military companies, a sum not exceeding twenty- '^"="' '^•''^'''*"- 
one thousand dollars, to be paid out of the Union fund. 

In the resolve, chapter one hundred and fifteen, in relation Prisoners of war, 
to supplies furnished to prisoners of war, at Richmond and ^hlT '"' 
elsewhere, by order of his excellency the governor, a sum 
not exceeding five hundred and fifty dollars. 

In the resolve, chapter one hundred and nine, in favor of wiiiiam p. iiood. 
William P. Hood, the sum of sixty dollars. 

In the resolve, chapter one hundred and ten, in favor of Fitz j. BaUson. 
Fitz J. Babson, the sum of seventy-eight dollars thirty- three 
cents. 

In the resolve, chapter one hundred and sixteen, in favor bcdj. ii. Dean, 
of Benjamin R. Dean, the sum of two hundred and thirty- 
seven dollars fifty-five cents. 

In the Vesolve, chapter one hundred and eleven, in favor James h. Parks, 
of James H. Parks, the sum of four hundred and thirty-eight 
dollars. 

In the resolve, chapter eight, of eighteen hundred and Benjamin smith. 
sixty-one, the sum of one hundred and fifty dollars. 

In the act, chapter ninety-two relating to the salaries of Ppi'^e court, Fail 
the ofiicers of the police court in the city of Fall River, four ""'^''™^- 
hundred and fifty dollars. 

Under the order of the house of representatives, of April T^'^'ana or" n- 
second, to codify and arrange laws in regard to the Troy and ceid luiiroad co. 
Greenfield Railroad, a sum not exceeding sixty-three dollars 
for clerical assistance. 

For the salary of the state engineer of the Troy and Green- state engineer. 
field Railroad, a sum not e:cceeding three hundred and thirty 
dollars. 

For expenses of preparing statistics under chapter thirteen Preparing Btatis- 
of the resolves of the year eighteen Ijundred and sixty, a '""* 



206 



1862.— Chapter 225. 



Aid to families of 
Toluntcers by 
towns, reim- 
bursement. 



Transportation 
paupers. 



Military contin- 
gent fund. 



Surgeon-general, 
salary. 



Expenses, con- 
tingent. 



Term reports, S. 
J. court. 



Afsessors' books. 



Towns, support 
state paupers. 



Burial paupers. 
Deficiencies. 



Boston, reimr 
bursement for 
transportation. 



Treasurer, clerk 
hire. 



Tablets, placing. 



sum not exceeding thirteen hundred and five dollars ninety- 
four cents. 

For the reimbursement of money to cities and towns agree- 
ably to the provisions of chapter two hundred and twenty-two 
of the acts of eighteen hundred and sixty-one, a sum not 
exceeding five hundred thousand dollars, the same to be 
paid to each city and town at the time they shall severally 
pay their state tax. 

For the transportation of state paupers, in accordance 
with section forty of chapter seventy-one of the General 
Statutes, a sum not exceeding one hundred dollars. 

For contingent fund of governor and council for military 
purposes, a sum not exceeding ten thousand dollars. 

For the salary of the surgeon-general, the sum of fifteen 
hundred dollars. 

For the salary of the clerk of the surgeon-general, one 
thousand and eighty dollars. 

For incidental, contingent and other expenses of the 
surgeon-general's department, a sum not exceeding five 
thousand dollars. 

For furnishing term reports, imder chapter two hundred 
and ninety of the acts of eighteen hundred and fifty-nine, 
the sum of five thousand and twenty-two dollars and eighty 
cents. 

For assessors' books agreeably to the acts of eighteen 
hundred and sixty-one, chapter one hundred and sixty-seven, 
the sum of thirteen hundred dollars. 

For compensation to towns for support of state paupers, 
under chapter seventy-one, sections forty-three and forty-four 
of the General Statutes, for the current year, five hundred 
dollars. 

For the burial of state paupers, two hundred dollars in 
addition to former appropriations. 

For deficiencies under same sections in previous years, 
three hundred dollars. 

To reimburse the city of Boston for transportation of state 
paupers to Bridgewater, the sum of three hundred and 
eighty-six dollars twenty cents. 

For extra clerk hire in the office of the treasurer and 
receiver-general, the sum of eleven hundred dollars. 

For incidental expenses of the treasurer's office, in addi- 
tion to former appropriations, a sum not exceeding two 
hundred dollars. 

To defray expenses of placing tablets in the state house, 
the sum of one hundred and forty dollars. 



1H62.— Chapter 225. 207 

For printing the report of the board of agriculture, in Board agricui- 
addition to the sum already appropriated, the sum of four report.^""""*'' 
hundred and eighty-one dollars fifty-five cents. 

For expenses of the Indian commissioners, in the year ipdian commis- 

... Ill 1 /> fx • ii r- • 1 1 1 sioners, expenses 

eighteen hundred and fifty-nine, the sum oi six dollars '59. 
seventy-five cents. 

For printing five hundred additional copies of the blue- Biue book, print- 
book, a sum not exceeding five hundred dollars. ing aaoitiouai. 

For the salary of the justice of the police court in Pouce court 
Charlestown, nine hundred dollars. MUriluXe. 

For the salary of the clerk of the police court in Charles- cierk. 
town, three hundred and seventy-five dollars. 

For compensation of George R. Baldwin, under resolves Geo. r. Baldwin. 
of eighteen hundred and sixty-one, chapter twenty, the 
sum of three thousand five hundred and seventy-one dollars. 

For running boundary lines between the states of Rhode Rhode island 
Island and Massachusetts, the sum of seven hundred and n^ug^S'"'"" 
fifty dollars. 

For clerical assistance in the office of the secretary of the secretary board 
board of agriculture, a sum uot exceeding twelve hundred cferks.''"""' 
dollars. 

For the salaries of the bank commissioners, six hundred Bank commia- 

j 1 1 . T T . . sioners, salaries. 

dollars, in addition. 

For the salary of the secretary of the board of education, secretary board 
two hundred dollars, in addition. educat'n, salary. 

For the salary of the first clerk in the office of the cierk adjutant- 
adjutant-general, three hundred dollars, in addition to former s'*"*'''^'' ^'''"^'■y- 
appropriations. 

For arms and equipments, sold on account of the United ^j^^t^g^^u^g"^?'?: 
States, in the year eighteen hundred and sixty and eighteen iu^'ei.' ' '" 
hundred and sixty-one, the same having been carried by 
mistake to the credit of revenue, the sum of forty-nine 
hundred forty-three dollars and sixty-nine cents. 

For clerical assistance to committees authorized to send committee.^., as- 

/» 1 i T 111 .distance to and 

for persons and papers, a sum not exceeding one hundred for witness few. 
dollars, in addition to any former appropriation. 

For clerical assistance and witness fees, as per bill approved 
by the chairman of the judiciary committee, thirty-eight 
dollars ; and the auditor is hereby authorized to audit the 
same. 

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

Approved April 30, 1802. 



208 1862.— Chapter 226. 

Chap. 226 ^^ ^^^ ^^ divide the commonwealth into districts for the 
■^' choice of representatives in the congress of the united 

STATES. 

Be it enacted, ^'c, as folloios : 

Division of state SECTION 1. For the purpose of electing representatives 
intoteu districts, jj^ tlie tliirtj-eightli congress of the United States, and in 
each subsequent congress, vmtil otherwise provided by law, 
the Commonwealth shall be divided into ten districts, each 
of which shall elect one representative, being an inhabitant 
of the same, in the manner now provided by law. 

Section 2. The said ten districts shall be as follows, to 
wit : — 
Towns compris- Tlic scvcral towus in the counties of Barnstable, Dukes 
beloue"''*'^"'"' County and Nantucket, together with the cities of New- 
Bedford and Fall River, and the towns of Acushnet, Dart- 
mouth, Fairhaven, Freetown and Westport, in the county 
of Bristol, and the towns of Carver, Duxbury, Halifax, 
Kingston, Lakeville, Marion, Mattapoisett, Middleborough, 
Pembroke, Plymouth, Plympton, Rochester and Wareham, 
in the county of Plymouth, shall form one district, and be 
called District Number One. 
District Number The towus of Attlcborougli, Berkley, Dighton, Easton, 
^'''°' Mansfield, Norton, Raynham, Rehoboth, Seekonk, Somerset, 

Swanzey and Taunton, in the county of Bristol, and the 
towns of Abington, Bridgewater, East Bridgewater, Hingham, 
Hanover ,^Hanson, Hull, Marshfield, Scituate, South Scituate, 
North Bridgewater and West Bridgewater, in the county of 
Plymouth, and the towns of Braintree, Canton, Cohasset, 
Dorchester, Milton, Quincy, Randolph, Sharon, Stoughton 
and Weymouth, in the county of Norfolk, shall form one 
district, and be called District Number Two. 
Tiu.^" N"""^*"^ The city of Roxbury, and the town of Brookline, in the 
county of Norfolk, and the territory comprised in the wards 
• numbered four, seven, eight, ten, eleven and twelve, in the 
city of Boston, in the county of Suffolk, shall form one 
district, and be called District Number Three. 

The territory comprised in the wards numbered one, two, 
three, five, six and nine, in the city of Boston, the city of 
Chelsea, and the towns of North Chelsea and Winthrop, in 
the county of Suffolk, and the city of Cambridge, in the 
county of Middlesex, shall form one district, and be called 
District Number Four. 
District Number Tlic citics of Lynn, Ncwburyport and Salem, and the 
^'"'' towns of Amesbury, Beverly, Dan vers, Essex, Georgetown, 

Gloucester, Groveland, Hamilton, Ipswich, Lynnfield, Man- 
chester, Marblehead, Middleton, Nahant, Newbury, Rockport, 



1862.— Chapter 226. 209 

Rowley, Salisbury, South Daiivers, Swampscott, Topsficld, 
Wenham and West Newbury, in the county of Essex, shall 
form one district, and be called District Number Five. 

The city of Lawrence, and the towns of Andover, Boxford, ^^'"<=' Number 
Bradford, Haverhill, Methuen, North Andover and Saugus, 
in the county of Essex, and the city of Charlestown, and the 
towns of Belmont, Billerica, Burlington, Lexington, Maiden, 
Medford, Melrose, North Reading, Reading, Somerville, 
South Reading, Stoneham, Tewksbury, Waltham, West 
Cambridge, Wilmington, Winchester and Woburn, in the 
county of Middlesex, shall form one district, and be called 
District Number Six. 

The city of Lowell, and the towns of Acton, Ashby, District Number 
Ashland, Bedford, Boxborough, Brighton, Carlisle, Chelms- 
ford, Concord, Dracut, Dunstable, Framingham, Groton, 
Holliston, Hopkinton, Lincoln, Littleton, Marlborough, 
Natick, Newton, Pepperell, Sherborn, Shirley,'Stow, Sudbury, 
Townsend, Tyngsborough, Watertown, Wayland, Westford, 
and Weston, in the county of Middlesex, and the towns of 
Dedham, Dover, Medfield, Needham, and West Roxbury, in 
tlie county of Norfolk, shall form one district, and be called 
District Number Seven. 

The city of Worcester, and the towns of Auburn, Black- District Number 
stone, Boylston, Brookfield, Charlton, Douglas, Dudley, ^"°^^' 
Grafton, Holden, Leicester, Mendon, Milford, Millbury, New 
Braintree, Northborough, Northbridge, North Brookfield, 
Oakham, Oxford, Paxton, Rutland, Shrewsbury, Southbor- 
ough, Southbridge, Spencer, Sturbridge, Sutton, Upton, 
Uxbridge, Warren, Webster, Westborough, West Boylston, 
and West Brookfield, in the county of Worcester, and the 
towns of Bellingham, Foxborough, Franklin, Medway, Wal- 
pole and Wrentham, in the county of Norfolk, shall form 
one district, and be called District Number Eight. 

The several towns in the counties of Hampshire and District Number 
Franklin, and the towns of Ashburnham, Athol, Barre, 
Berlin, Bolton, Clinton, Dana, Fitchburg, Gardner, Hard- 
wick, Harvard, Hubbardston, Lancaster, Leominster, Lunen- 
burg, Petersiiam, Phillipston, Princeton, Royalston, Sterling, 
Templeton, Westminster and Winchcndon, in the county of 
Worcester, shall form one district, and be called District 
Number Nine. 

The city of Springfield, and the several towns in Hampden District Number 
County, together with the several towns in Berkshire County, ^''°' 
shall form one district and be called District Number Ten. 

Section 3. This act shall take effect upon its passage ; 
and all acts inconsistent with this act are hereby repealed. 
;!4 



210 1862.--CHAPTER 226. 

In Senate, April 14, 1862. 
This bill having been returned to the senate by his excel- 
lency the governor, with certain objections thereto, the same 
was reconsidered by the senate and passed, the said objections 
to the contrary notwithstanding, two-thirds of the members 
present and voting thereon having voted in the affirmative : 
and the same is sent to the house for its consideration. 

JOHN H. CLIFFORD, President. 

House of Representatives, April 18, 1862. 
This bill having been laid before the house with the gov- 
ernor's objections, was passed in concurrence with the senate, 
the said objections to the contrary notwithstanding, two-thirds 
of the members present having approved thereof. 

ALEX. H. BULLOCK, Speaker. 



RESOLVES, 

GENERAL AND SPECIAL. 



Resolve in favor of william stowe. Chan. 1. 

Resolved., That there be allowed and paid out of the Allowance as 
treasury to William Stowe, late clerk of the house of repre- •='«^'' °f '^°"'«- 
seutatives, the sum of thirty dollars, for his services as clerk 
during the organization of the house at the present session. 

Approved January 18, 1862. 

Resolve to assume the collection and payment of the direct QJidyy 2. 

NATIONAL TAX. "' 

Resolved., That the governor be and he hereby is author- Assumption by 
ized and directed to give notice to the secretary of the of her.luTtoo'f 
treasury of the United States, that Massachusetts assumes 'i'^*=' '=*='• 
and will pay into the treasury of the United States her quota 
of the direct national tax, pursuant to the provisions of the 
fifty-third section of an act of congress, entitled " An Act 
to provide increased Revenue from Imports, to pay interest 
on the public debt, and for other purposes," approved August 
fifth, eighteen hundred and sixty-one. 

Approved January 27, 1862. 

Resolve making appropriations to pay certain damages and Chap. 3. 
other expenses incurred under chapter one hundred and "' 

fifty-four of the acts of the year eighteen hundred and 
sixty-one. 

Resolved, That there be allowed and paid, and the same commissioners 
is hereby appropriated out of the treasury of the Common- sudu"ry'*Mea"(?- 
wealth, to cover the damages awarded and the expenses 1;^^''=°"^^^,';^^ 
incurred by the commissioners appointed under an act ana'awurds. 
entitled " An Act to suspend an Act in relation to the 
riowagc of the Meadows on Concord and Sudbury Rivers," 
the sums herein specified, as follows : For compensation of 
the commissioners, a sum not exceeding four thousand 
dollars; for the expenses of the commission, a sum not 



212 



1862.— Chapters 4, 5. 



Construction 
defined. 



Chap. 4. 



Repeal. 



Chap. 5. 



Distribution of 
balance of edi- 
tion. 



exceeding ten thousand three hundred and fifty-two dollars 
and three cents ; for the damages awarded by the commis- 
sioners, a sum not exceeding four thousand three hundred 
and seventy-eight dollars and forty-seven cents. This 
resolve shall not be held as an admission of the rights and 
interests of any parties, to whom the commissioners may 
have awarded damages, in any property or privileges, as 
against the rights of the Commonwealth. • 

Ajyproved February 8, 18G2. 

Rksolve in favor of the marshpee schools. 
Resolved, That the sum of seventy-five dollars be allowed 
and paid from the income of the school fund 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 also on the condition that the inhabitants of 
that district shall also appropriate and expend for the use 
of said schools, during the present year, twenty-five dollars 
in addition to the sum now annually paid by them for tliat 
purpose. Chapter ninety-five of the resolves of the year 
eighteen hundred and sixty-one, entitled a Resolve in favor 
of the Marshpee Schools, is hereby repealed. 

Ajiproved February 14, 1862. 
Resolve for the further distribution or a report on insects 

INJURIOUS to vegetation. 

Resolved, That the balance of the edition of a Report on 
Insects Injurious to Vegetation, reprinted in accordance 
with chapter ninety-three of the resolves of the year eighteen 
hundred and fifty-nine, which by chapter eighty of the 
resolves of the year eighteen hundred and sixty-one, was 
placed at the disposal of the secretary of the state board of 
agriculture, to be distributed to agricultural and horticultu- 
ral societies, be distributed as follows : 

Ten copies to the state library ; 

Five copies to Edward S. Rand, Jr. ; 

Five copies to James M. Barnard ; 

Five copies to Alexander E. R. Agassiz ; 

Fifteen copies to Francis G. Sanborn ; 

Fifteen copies to the Boston Society of Natural History ; 

That twenty-five copies be placed at the disposal of his 
excellency the governor and the honorable council ; fifty 
copies at the disposal of the secretary of the state board of 
agriculture ; and one copy at the disposal of each member 
of the present legislature, and each officer and reporter, for 



1862.— Chapters 6, 7, 8, 9. 213 

gratuitous distribution as they may think proper ; and tlie 
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 and gratuities. 

Approved February 14, 1862. 

Resolve in relation to the coast defences of Massachusetts. Chan. 6. 

Resolved^ That his excellency the governor, by and with ^^^^^^''^'^Jj^ ^^^ 
the advice and consent of the council, be and he is hereby fo" orduanc"" 
authortzed to enter into contracts, on behalf of the Common- 
wealth, for the manufacture of suitable ordnance for the 
coast defences of Massachusetts, to an amount not exceed- 
ing five hundred thousand dollars, after advertising for 
proposals therefor : provided, that the work shall be done Proviso. 
under the supervision of officers to be appointed by the 
government of the United States. 

This resolve shall take eifect upon its passage. 

Approved February 14, 1862. 

Resolve authorizing the treasurer to borrow money in Chap. 7. 
anticipation of the revenue. 

Resolved, That the treasurer be, and he hereby is, author- May borrow of 
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 ; 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 Proviso, 
authorized by this resolve, shall not at any time exceed five 
hundred thousand dollars. 

This resolve shall take effect upon its passage. 

Approved February 18, 1862. 
Resolve in favor of the district of marshpee. Chap. 8. 

Resolved, That there be allowed and paid from the Allowance for 
treasury of the Commonwealth, to the treasurer of the diaTpaupcrs."" 
district of Marshpee, for the benefit of said district, the sum 
of one hundred and fifty-three dollars ; it being in full for 
money expended by said district in support of certain 
Indian state paupers, as is set forth in the petition of the 
selectmen of said district. Approved February 25, 1862. 

Resolve in favor of j. b. keyes and g. f. richardson. Chap. 9. 

Resolved, That for reasons set forth in their petition, Anowance^for 

there be allowed and paid out of the treasury of the Com- tion iu case of 



214 1862.— Chapters 10, 11, 12. 

dam over Con- moiiwealth, to J. B. Kejcs and George F. Richardson, the 

cordKiver. ^^^^ ^^ twcnty-five dollars and seventy cents, for services 

and money expended in taking and recording the deposition 

of Jonathan Manning, to be used by the Commonwealth in 

cases relating to the dam across Concord River at Billerica. 

Approved February 25, 1862. 

Chan. 10. Resolve ix favor of the washingtonian home. 

Allowance autho- Resolved, That there be allowed and paid out of the treas- 

rized. yj.y. Q^ ^j^g Commonwealth, to the treasurer of the Washing- 

tonian Home, to be expended by the directors for the 
charitable purposes of the institution, in providing a refuge 
for inebriates, and means for reforming them, the sum of 

ProTiso. three thousand dollars : provided., however, that the said 

directors report to the legislature, in the month of January 
next, a detailed account of the manner in which this appro- 
priation 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 
treatment so far as can be ascertained. 

Approved March 1, 1862. 

Chap. 11. Resolve GRANTING TAXES FOR THE SEVERAL COUNTIES. 

Resolved, That the sums placed against the names of the 
several counties in the following schedule, be and hereby are 
granted as a tax for each county respectively, to be assessed, 
paid, collected and applied according to law, namely : 
Barnstable, .... Twelve thousand dollars ; 
Berkshire, .... Twenty-six thousand dollars ; 

Bristol, Seventy thousand dollars ; 

Dukes, Three thousand two hundred dollars ; 

Essex, One hundred thousand dollars ; 

Franklin, .... Eighteen thousand dollars ; 
Hampden, .... Forty-one thousand two hundred and 

twenty-nine dollars ; 
Hampshire,. . . . Twenty-two thousand dollars ; 
Middlesex, .... One hundred and fourteen thousand 

dollars ; 

Norfolk, Seventy-five thousand dollars ; 

Plymouth, .... Thirty-five thousand dollars ; 
Worcester, .... One hundred thousand dollars. 

Approved March 1, 1862. 

Chap. 12. Resolve in favor of the Massachusetts charitable eye and 
* ' * ear infirmary. 

Allowance in aid. Rcsolved, That the sum of fifteen himdred dollars be 
allowed and paid from the treasury of the Commonwealth, 



1862.— Chapters 13, 14, 15, 16. 215 

to the Massachusetts Charitable Eye and Ear Infirmary, to 

be expended during the current year, under the direction of 

the trustees, for the charitable purposes of said infirmary : 

and the said trustees shall report to the legislature during Trustees to re- 

the month of January next, a detailed account of the manner p""^'" 

in which this appropriation has been expended. 

Approved March 1, 1862. 

Resolve IN FAVOR OF JosiAH cuSHiNG. Chap. 13. 

Resolved, That there be allowed and paid from the treas- Allowance for ex- 
ury of the Commonwealth, the sum of ninety-four dollars, to ^®"**^ of amt. 
Josiah Cushing of South Scituate, for expenses and costs 
incurred in defence of a suit against him as an ofiicer exe- 
cuting process under " An Act concerning the manufacture 
and sale of spirituous and intoxicating liquors," passed in 
the year one thousand eight hundred and fifty-five. 

Approved March 1, 1862. 

Resolve in favor of albert w. scott. Chap. 1 4. 

Resolved, For the reasons set forth in the petition of 
Albert W. Scott, that there be allowed and paid to him, 
from the treasury of the Commonwealth, the sum of sixty- 
three dollars. Approved March 6, 1862. 

Resolve on the petition of e. p. brownell and restcome ma- Qfidj) \ 5 

COMBER, selectmen OF THE TOWN OF WESTPORT. ^' 

Resolved, For reasons set forth in the petition of E. P. Benefit otj.t). 
Brownell and Restcome Macomber, selectmen of the town "^^■'''* *°"^' 
of Westport, that there be allowed and paid out of the 
treasury of the Commonwealth, to said petitioners, the sum 
of seventy dollars and ninety-six cents ; sixty-five dollars 
thereof for the benefit of George H. Tripp, a minor son of 
Jeremiah D. Tripp of Westport, and the balance thereof for 
the benefit of the family of said Jeremiah D. Tripp. 

Approved March 7, 1862. 

Resolve in aid of the new England female moral reform Qfidn \Q 

SOCIETY. "' 

Resolved, That there be allowed and paid out of the Allowance autho- 
treasury of the Commonwealth, the sum of six hundred and ^^ ' 
eight dollars and fifty-four cents, 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 11, 1862. 



216 1862.— Chapters 17, 18, 19, 20. 

Chap. 17. Resolve in favor of the state normal school at bridge- 
water. 

fti^rnuSrl""""*^"' ^^^olvcd, That there be appropriated and paid out of 
the moiety of the income of the school fund applicable to 
educational purposes, the sum of two hundred dollars, to 
the state normal school at Bridgewater, to be expended for 
furniture, under the direction of tlie board of education, 
and that the governor draw his warrant accordingly. 

Approved 3Iarch 18, 1862. 

Chap. 18. Rksolve in favor of the state lunatic hospital at northamp- 

TON. 

Supply of water. Resolvcd, That a sum not exceeding three thousand dol- 
lars be allowed and paid out of the treasury of the Com- 
monwealth, to the trustees of the State Lunatic Hospital at 
Northampton, for the purpose of furnishing said hospital 
with pure water. Approved March 18, 1862. 

Chap. 19. Resolve authorizing the trustees of the nautical branch of 

•* THE STATE REFORM SCHOOL TO SELL THE "TENDER" TO THE 

SCHOOL SHIP. 

Resolved, That the trustees of the nautical branch of the 
state reform school are hereby authorized to sell and dispose 
of the schooner Wave, now used as a " tender " to the 
school ship Massachusetts, in such manner as they may 
deem best for the interest of the Commonwealth, and are 
directed to pay the proceeds of said sale into the treasury 
of the Commonwealth. Approved March 19, 1862. 

Chart 20 Resolve in favor of the dudley, troy and marshpee Indians. 
Allowances for Eesulved, That there be allowed and paid to the guar- 
^uardiaD.^°'^a*° diaus of thc scvcral Indian tribes, for the support of said 
propriations au- Indiaus, and for the salaries of said guardians, for the year 
t ori«i . . ending the thirty-first day of December, eighteen hundred 

and sixty-two, from the appropriation of the present year 
- for Indians, the following sums, to wit: To the guardian 
of the Dudley Indians, for their support, a sum not exceed- 
ing seven hundred and fifty dollars, and for the salary of 
said guardian, one hundred dollars ; to the guardian of the 
Troy Indians, for their support, a sum not exceeding five 
hundred dollars, and for thc salary of said guardian, the 
sum of one hundred dollars ; to the treasurer of the Marsh- 
pee Indians, for the support of certain paupers, a sum not 
exceeding one hundred and fifty-three dollars. 

Approved March 19, 1862. 



1862.— Chapters 21, 22, 23, 2^. 217 

Resolve in favor of increase n. emerton. Chan. 21. 

Resolved^ For reasons set forth in the petition of Increase 
N. Emerton, that there be allowed and paid out of the treas- 
ury of the Commonwealth to said petitioner, the sum of fifty- 
dollars. Approved March 19, 1SG2. 

Resolve on the petition of najhaniel bean, of Cambridge. Chap. 22. 

Resolved, For reasons set forth in the petition of Nathan- Appropriatiou 
iel Bean, of Cambridge, that there be allowed and paid out *""^°"^'^ 
of the treasury of the Commonwealth, to said petitioner, the 
sum of eleven hundred and twenty dollars. 

Approved March 19, 1862. 

Resolve granting aid for the suppression of counterfeiting Chap. 23. 

BANK bills and COIN. "' 

Resolved, That there be allowed and paid put of the treas- Grant toassocia- 
ury of the Commonwealth, to the association of banks for ^'^"^ "^ ''*'^^- 
the suppression of counterfeiting in this Commonwealth, a 
sum not exceeding one thousand five hundred dollars, for 
the purpose of 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 proviso. 
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 pur- 
poses aforesaid. Approved March 19, 18G2. 

Resolves in favor of francis adams, deputy-sheriff, and QJidj)^ 2-1 

RELATING TO CERTAIN INTOXICATING LIQUORS SEIZED BY HIM. "' 

Resolved, That there be allowed and paid out of the treas- Allowance for 
ury of the Commonwealth, to Francis Adams, of Spencer, a eaTufwvingp""- 
deputy-sheriff, the sum of five hundred and seventy-six ''^^*- 
dollars, as indemnity for loss and damage suffered by him, 
in consc([uencc of serving process under an act concerning 
the manufacture and sale of spirituous and intoxicating 
liquors, passed in the year one thousand eight hundred and 
fifty-five : provided, that said Adams shall first transfer to Proviso, 
the commissioner appointed by the governor to purchase and trSerrea 'to 
sell spirituous and intoxicating liquors, under the laws of the '•"'"""ssioner. 
Commonwealth, the spirituous and intoxicating liquors and 
vessels containing tlic same, for the taking of which damages 
have been recovci-ed against said Adams, in the superior 
court, in the county of Worcester, except only such portions 
thereof as have been sold, by order of the justice who issued 
the warrant, on wliich said li(piors were originally seized by 



218 1862.— Chapters 25, 26, 27, 28. 

said Adams, and shall file with the treasurer said commis- 
sioner's certificate of such transfer. 
Commissioner to Resolvcd, That Said commissioner is hereby authorized to 
HcLuut7otTe2s- sell any portions of said liquors, so transferred to him, which 
weaHh.^""'"'*"' ^'^ ^^is opinion are suitable for use for medicinal, chemical, 
or mechanical purposes, and the vessels so transferred, and 
pay the net proceeds of such sales into the treasury of the 
Commonwealth ; and to destroy any portions of said liquors 
so transferred to him, which in his opinion, are not suitable 
for use, for said purposes. Approved March 19, 1862. 

Chat) 25 Resolve in favor of william s. whitwell, state engineer. 
Allowance for Resolved, That there be allowed and paid out of the treas- 
8aiaryini86i. ^^^ ^^ ^^^^ Commonwcalth, to William S. Whitwell, state 
engineer, the sum of three hundred and forty-seven dollars 
and ninety-eight cents, being the amount of his salary from 
the fifth day of June to the eleventh day of October, inclu- 
sive, in the year eighteen hundred and sixty-one. 

Approved March 22, 1862. 

Chap. 26. Resolve in relation to the harbor defences of massachu- 

^ ' SETTS. 

Iron-Clad steam- Rcsolved, That his cxcellcncy the governor, by and with 
tho'rhJ^d!^"'^ *"' the advice and consent of the council, be authorized to use 
any portion of the sum heretofore appropriated for the pur- 
chase of ordnance, in building one or more Ericsson or other 
iron-clad steamers, for the coast defence of Massachusetts. 

Approved March 25, 1862. 

Chap. 27. Resolve providing for the distribution of certain special 

"' ^ ' LAWS. 

Distribution of Rcsolved, That the secretary of the Commonwealth be 
i^Dg'copieT'''''' authorized to distribute, gratuitously, to the members of the 
bar, and to other persons interested, who may call for them, 
the copies now remaining in his office, of the Special Acts of 
this Commonwealth, passed subsequently to the year eight- 
een hundred and forty-eight, the publication of which was 
authorized by the eighty-fifth chapter of the resolves of the 
year eighteen hundred and fifty-nine. 

Approved March 27, 1862. 

Chap. 28. Resolve for the payment of the expense of transportation 

J ' ' OF CERTAIN PERSONS. 

Transportation Rcsoliwd, That tlicrc bc allowcd and paid out of the 

to^iLssaX*^ treasury of the Commonwealth, such sums not exceeding in 

auon outhorized. tlic aggregate two hundred dollars, as may be expended by 

the quartermaster-general for the transportation from Mary- 



1862.— Chapters 29, 30, 31, 32. 219 

land to Massachusetts, of certain men mentioned in the 
message of the governor to the house of representatives on 
January thirtieth last, as having been deceitfully induced to 
leave their homes by a person falsely pretending to be a 
-military officer of the United States ; and that the governor 
be authorized to draw his warrant in favor of the quarter- 
master-general for such amount, or so much thereof as may 
be required. Approved March 27, 18G2. 

- KeSOLVE in favor of the county of SUFFOLK. Chttp. 29. 

Resolved, For reasons set forth in the petition of Freder- Allowance for 
ick U. Tracy, treasurer of the county of Suffolk, that tiiere '='«"'=»i «'«"• 
be allowed and paid out of the treasury of the Common- 
wealth, to said county of Suffolk, the sum of six thousand 
four hundred dollars and seventy-six cents, being the amount 
of a clerical error in the accounts of criminal costs rendered 
by the county of Suffolk to the Commonwealth, in July in 
the year eighteen hundred and fifty-eight. 

Approved March 27, 1862. 

Resolve in favor of the city of boston. Chap. 30. 

Resolved, For reasons set forth in the petition of F. U. city released 
Tracy, treasurer of the county of Suffolk, and the report for^JioD^-paiment 
of the auditor thereon, that the city of Boston is hereby "^ *'^^- 
released from all penalties claimed by the treasurer of the 
Commonwealth, for the non-payment by said city, of por- 
tions of the state tax due to the Commonwealth, for the 
years eighteen hundred and fifty-six and eighteen hundred 
and fifty-seven. Approved March 27, 1862. 

Resolve in favor of a. s. cushman and others, of the new dian. 31 

BEDFORD CITY GUARDS. "' 

Resolved, For reasons set forth in the petition of A. S. Appropriation 
Cushman and others, of the New Bedford City Guards, that 
there be allowed and paid out of the treasury of the Com- 
monwealth, to said petitioners, the sum of three hundred 
and ninety-two dollars. Approved March 27, 1862. 

Resolve in aid of schools among the Indians of gay head. Chav 32 
Resolved, That there be allowed and paid out of the Appropriation 
income of the school fund of the Commonwealth, to John *""^'*'-'^'*- 
Mayhew, Esq., of Edgartown, the sum of one hundred and 
ten dollars ; sixty dollars of said sum to be applied to the 
support of schools among the Indians of Gay Head during 
the year eighteen lumdred and sixty-two ; and tiie remainder, 
fifty dollars, for the purpose of supplying such books and 



220 1862.— Chapters 33, 34, 35, 36, 37. 

stationery as are necessary for the use of the scholars who 
attend the school of the said Indians of Gay Head. 

Apjn-oved March 27, 1S62. 

Chap. 33. Resolve in favor of the chappequiddic and christiantown 

^' ' INDIANS. 

Allowance for Resolvcd, That thcrc he allowed and paid out of the 
schools autho- g(,|^QQj {m\^ of this Commonwealth, to the guardian of the 
Chappequiddic and Christiantown Indians, the sura of one 
hundred and four dollars, to aid in the support of schools 
among the said Indians for the year eighteen hundred and 
sixty-two. Approved March 27, 1862. 

Chap. 3-4. 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 to Resolvecl, For reasons set forth in the petition of Sally 
luir auLS! Burr of Boston, a member of the Punkapog tribe of Indians, 
that 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 said Sally Burr and her 
son James Burr. Approved March 27, 1862. 

Chap. 35. Resolve in favor of the guardian of the punkapog tribe of 

"* ' INDIANS, FOR THE BENEFIT OF CHARLOTTE E. MYERS. 

Allowance autho- Resolved, For rcasous set forth in the petition of Charlotte 
"^ed. ^ Myers, a member of the Punkapog tribe of Indians, that 

there be allowed and paid out of the treasury of the Com- 
monwealth, to the guardian of said tribe, the sum of fifty- 
two dollars, for the benefit of said Charlotte E. Myers. 

Approved April 1, 1862. 

Chap. 36. RESOLVE IN FAVOR OF GEORGE GODFREY. 

Allowance autho- ResoIved, For rcasous set forth in the petition of George 
med. Godfrey, that there be allowed and paid out of the treasury 

. of the Commonwealth to said petitioner, the sum of twenty- 
nine dollars. Approved April 1, 1862. 

Chap. 37. Resolve in favor of hebron wamsley. 

Allowance autho- Resulved, For reasons set forth in the petition of Hebron 
^^^' Wamsley, that there be allowed and paid out of the treasury 

of the Commonwealth to said petitioner, the sum of twenty 
dollars. Approved April 1, 1862. 



1862.— Chapters 38, 39, 40. 221 

Resolve in favor of jemima easton. Chap. 38. 

Resolved, For reasons set forth in the petition of Priscilla 
Freeman, that there be allowed and paid out of the treasury 
of the Commonwealth, to the overseers of the poor of the 
town of Tisbury, for the benefit of Jemima Easton, an 
Indian residing in said town, the sum of fifty-two dollars. 

Approved April 1, 1862. 

Resolves in approval of the recent message of the president Chan. 39. 

OF THE united STATES. 

Resolved, That the senate and house of representatives Approval. 
in general court assembled, hereby express their approval of 
the recent message of the president of the United States, 
recommending the adoption by Congress, of a resolution 
substantially as follows : — 

" Resolved, That the United States ought to cooperate 
with any state which may adopt a gradual -abolishment of 
slavery, giving to such state pecuniary aid, to be used by 
such state in its discretion, to compensate for the incon- 
venience, public and private, produced by such change of 
system." 

Resolved, That his excellency the governor be requested copy to be tmns- 
to forward a copy of these resolutions to the president of "" 
the United States and to our senators and representatives 
in congress. Approved April 4, 1862. 

Resolve in relation to hospital accommodations for dis- Qfidp 40. 

ABLED seamen AND SOLDIERS. -' ' 

Whereas, There is reason to fear that the hospitals at the whereas: insuf- 
disposal of the national government may be insufficient for '"'""'^ ^'^ ' 
the accommodation of the seamen and soldiers who may be 
disabled in the service of their country, therefore, 

Resolved, That in any emergency demanding such action, Governor may cu- 
his excellency the governor be, and he is hereby authorized, "["s'sio^nlw tTin- 
to direct the board of alien commissioners to confer with the i"'"' "'"i '"'^P"'"' 

,.. /.iT,-n ... ., I'pon capacities 

authorities of the different state institutions, where hospitals of state institu- 
are maintained, and to ascertain and report to him what thc'reup"". '^^ 
number of wounded and sick seamen and soldiers can be 
accommodated in each, and the probable cost of their main- 
tenance : — and he is further authorized to arrange for the 
reception and treatment of a convenient number, in such 
of these hospitals as he may deem advisable, at a price })er 
week not less than the estimated cost aforesaid. 

Approved April 4, 1802. 



222 1862.— Chapters 41, 43, 43, 44, 45. 

Chap. 41. Resolve in favor op the overseers of the poor op the town 

OP middleton. 
Resolved, For reasons set forth in the petition of the over- 
seers of the poor of the town of Middleton, that there be 
allowed and paid out of the treasury of the Commonwealth, 
to said petitioners, the sum of thirty-four dollars and ten 
cents. Approved April 4, 1862. 

L'hap. 42. Resolve ix favor op the rainsford island hospital. 

Water-closets, Resolved, That there be allowed and paid out of the treas- 

thorized. ury of the Commonwealth, to the inspectors of the Rainsford 

Island Hospital, for the purpose of building water-closets in 
said hospital, three hundred and fifty dollars. 

Approved April 4, 1862. 

Chap. 43. Resolve in favor of the overseers of the poor of the town 

of WESTPORT for the benefit of AMELIA P. LOUIS. 

Resolved, For reasons set forth in the petition of Charles 
Potter, and other citizens of Westport, that there be allowed 
and paid from the treasury of the Commonwealth, the sum 
of fifty dollars, to the overseers of the poor of said town of 
Westport, for the benefit of Amelia P. Louis, a member of 
the Gay Head tribe of Indians. Approved April 4, 1862. 

Chap. 44. Resolve in favor op isaac s. morse. 

i^^riTervtifand Rcsolved, For reasons set forth in the petition of Isaac S. 

expenditures. Morsc, that thcrc be allowed and paid out of the treasury of 
the Commonwealth, to said petitioner, the sum of sixty 
dollars and sixty-nine cents ; the same being in full for 
services performed and money expended in defending a suit 
brought by Captain Proctor and others, against the late 
Adjutant-General Stone. Approved April 4, 1862. 

Chap. 45. Resolve concerning the state printing. 

Contract with Resolved, That the secretary of the Commonwealth, the 

authorized.^"'**' auditor of accounts, the clerk of the senate and the clerk of 
the house of representatives, be, and they are hereby author- 
ized and directed to contract with Messrs. Wright and 
Potter, of Boston, for the execution of the printing for the 
several departments of the state government, for five years 
from the first day of July, eighteen hundred and sixty-two, 
at the same rates specified, and subject to all the restrictions 
contained in the existing contract with William White : 

Proviso. provided, that bonds satisfactory to the above named officers, 

to the amount of five thousand dollars, be given by said 
Wright and Potter, for the faithful peformance of said 
contract. Approved April 9, 1862. 



1862.— Chapters 46, -17, 48. 223 

Resoi.ve to provide for repairs upon the powder house on Chap. 46. 
captain's island. 
Resolved^ That the governor, witli the advice and consent Goremor to au- 
of the council, is hereby authorized to cause suitable repairs ' °"^' 
to be made upon the powder house or magazine on Captain's 
Island, in Cambridge, to an amount not exceeding five 
hundred dollars. Approved April 9, 1862. 

Resolve in relation to the portraits of governor sumner Chap. 47. 

AND governor GAGE. •* * 

Resolved, That his excellency the governor be requested ^JI^eTom'" exe' 
to receive the portraits of Governor Sumner and Governor cutors of General 
Gage, bequeathed to the Commonwealth by the late General ^'"°'""'- 
William H. Sumner, and cause that of Governor Sumner to Disposition of 
be suspended in the senate chamber, and that of Governor p"'''''*"^- 
Gage to be placed in the state library ; and that he be fur- 
tlier requested to convey to the executors, of the will of 
General Sumner the grateful appreciation by the Common- 
wealth of the interest manifested by him in his native state 
in making this bequest. Approved April 14, 1862. 

Resolve on the petition of martin brimmer. Chap. 48. 

Resolved, ¥or reasons set forth in said petition, and in e. d. soWer au- 
the statement of the petitioner therewith filed, that Edward estetTof aiarun 
D. Sohier of Brookline, in the county of Norfolk, Esquire, ^eS"'' '^^' 
be and is hereby authorized and empowered to sell and 
convey, at discretion, by public or private sale, at such time 
and times, during the lifetime of the said petitioner, and 
afterwards during the minority of any issue of the said peti- 
tioner, and for such consideration or considerations as he 
shall see fit, the whole or any parts or parcels of the real 
estate in this Commonwealth which Martin Brimmer, the 
father of the said petitioner, died seized of or entitled unto, 
alone or in common with others, in possession, remainder, 
or reversion ; and to make, execute and deliver to any and to make convey- 
all persons purchasing the same, good and sufficient convey- mo'i?ey!°'^ '"^''^' 
anccs thereof, in fee simple or for any less estate ; and no 
purchaser under any such sale and conveyance, shall be 
bound to see to the application of the purchase money ; 
and tliat the said Sohier be and hereby is appointed, author- 
ized and empowered to invest and re-invest at discretion, all 
purchase money received for such conveyances, either in 
real or in personal property, and to hold such purchase money, 
and the pro{)erty, real or personal, wherein the same may 
at any time be invested, in trust, to pay the net income 
thereof, after deducting all proper charges and expenses, 



224 1862.— Chapter 49. 

during the lifetime of the said petitioner, and afterwards 
during minority of his surviving issue, if any, unto such 
person or persons as would have been entitled, under the 
provisions of the will of the said Martin Brimmer, deceased, 
to the rents and profits of the real estate so sold in case no 
such sale had been made ; and upon the further trust, at 
and upon the decease of the said petitioner leaving no issue, 
or at and upon the arrival at majority or decease of his sur- 
viving issue, if any, as the case may require in accordance 
with the provisions of said will, to transfer, convey and pay 
over all such purchase money as aforesaid, or the property, 
real or personal, wherein the same may then stand invested, 
to and among such person or persons as would then have 
been by law entitled to the real estate so sold in case no 
Upon decease of sucli salc had becu made. And in case of the death, resig- 
probatrmaylp- uatiou, rcmoval or incapacity of the said Sohier within the 
point successor, ^j^^g hereby limited for the performance of said trusts, the 
judge of the probate court for the time being of the said county 
of Suffolk, is hereby authorized and empowered to appoint 
a successor or successors, at his discretion, in the same 
trusts, and with the same powers, discretion and duties as 
ProYiso. herein given to and conferred upon the said Sohier : pro- 

vided, however, that the said Sohier, and every successor to 
be appointed as aforesaid shall, before entering upon the 
duties of said trusts, give bond, to the satisfaction of the 
judge of the probate court as aforesaid for the time being, 
conditioned faithfully to discharge and fulfil the duties of 
• the said trusts. Approved April 19, 1862. 

Resolve tendering the thanks of the general court of Mas- 
sachusetts, TO ADELINE TYLER, OF BALTIMORE, IN THE STATE OF 
MARYLAND. 

Thanks tendered Resolved, That tho govcmor, the president of the senate, 
^'ri'ViarJervt"^ aud thc spcakcr of the house of representatives, are hereby 
soldiers woun!5'ed requcstcd to transmit to Adeline Tyler, of Baltimore, in the 
at Raitiniore, gtatc of Marvlajid, a copy of the communication from the 

April 19, 1861. .,, •' , .' ,'.*', • xi • i J.1 

committee on claims, which accompanies their reports on the 
petitions of John E. Ames, Edmund Coburn and Hannah M. 
Needham, together with a copy of this resolve, and to express 
to her, Adeline Tyler, the thanks of the general court of 
Massachusetts, for the kind, humane and Christian services 
rendered by her to John E. Ames and Edmund Coburn, 
citizens and volunteer soldiers of our Commonwealth, who 
were cruelly attacked and wounded by a lawless mob in the 
streets of Baltimore, on the memorable nineteenth day of 
April, in the year one thousand eight hundred and sixty-one, 
wliilc they were inarching with their regiment, by thc order 



Chap. 49. 



1862.~Chapters 50, 51, 52, 53, 54 225 

of the president and commander-in-chief of the United 
States, to aid in suppressing rebellion against the Constitu- 
tion and the Union. Approved April 19, 1862. 
Resolve for the payment of expenses ix the boundary suit Chap. 50. 

BETWEEN MASSACHUSETTS AND RHODE ISLAND. "' 

Resoli'ed, That there be allowed and paid out of the treas- Appropriation 
ury of the Commonwealth, a sum not exceeding five thousand ''''"'°'''^^- 
dollars, for the payment of counsel fees and the moiety of 
the costs and expenses required by the final decree of the 
supreme court of the United States, in the suit in equity 
between Massachusetts and Rhode Island for the establish- 
ment of the boundary line between said states. 

Approved April 21, 1862. 

Resolve in addition to a resolve granting taxes for the Chcii). 51. 

SEVERAL counties. -* ' 

Resolved, That the resolve granting taxes for the several nampden coun- 
countics, approved March first, eighteen hundred and sixty- *^" 
two, be and hereby is so far amended as to allow the county 
of Hampden to assess, collect, pay and apply according to 
law, the sum of thirty thousand dollars. 

Approved April 21, 1862. 

Resolve in relation to supplies furnished to prisoners of Chap. 52. 

WAR AT RICHMOND AND ELSEWHERE, BY ORDER OF THE GOVERNOR. ^' 

Resolved, That there be appropriated out of the treasury Appropriation 
of the Commonwealth, and paid to the quartermaster-gen- f""^ expenses. 
eral, the sum of five hundred and fifty dollars, or so much 
thereof as may be necessary to reimburse expenditures made 
under direction of the governor, for the relief of Massachu- 
setts prisoners of war at Richmond and elsewhere, in the 
year eighteen hundred and sixty-one ; and that the doings Acts of governor 
of the governor and the quartermaster-general in sending ?«" co'lXwa.'''*'' 
blankets and necessary clothing to the said prisoners, arc 
hereby confirmed. Approved April 21, 1862. 

Resolve for ventilating the governor's room. Chap. 53. 

Resolved, That a sum not exceeding two hundred dollars Appropriation. 
be and the same is hereby appropriated, for the purpose of 
ventilating the governor's room ; said sum to be expended 
under the supervision of the committee on the state house. 

Approved April 21, 1862. 

Resolve in favor of h. j. white. Chap. 54 

Resolved, For reasons set forth in the petition of Henry Allowance from 

F. Lane and others, that there be allowed and paid out of ^^/"Jrvkc""'' ' 



226 1862.— Chapters 55, 56, 57, 58. 

the treasury of the Commonwealth to H. J. White, the sum 
of tliirty-two dollars, in full for services rendered to the 
United States. Said sum shall be paid out of the Union 
fund, provided in chapter two hundred and sixteen of the 
acts of the year eighteen hundred and sixty-one. 

Approved April 21, 1862. 

Chap. 55. Resolve in favor of hannah m. needham. 

Appropriation Rcsolvecl, FoY rcasous set forth in the petition of Hannah 

authori«=d. j^j Needham, widow of Sumner H. Needham, that there be 
allowed and paid out of the treasury of the Commonwealth 
to William H. P. Wright, mayor of Lawrence, and George 
P. Wilson, of said Lawrence, for the benefit of said Hannah 
M. Needham and her child, the sum of three hundred and 
ninety dollars. Approved April 21, 1862. 

Chat) 5Q Resolve in favor of captain a. p. chamberlain. 

Allowance from Resolvcd, For rcasoHS set forth in the petition of Captain 
for^^e'rvkL""*^ " ^- ?• Chamberlain, that there be allowed and paid out of 
the treasury of the Commonwealth, to said petitioner, the 
sum of one hundred and ninety-seven dollars and fifty-eight 
cents, being in full for services rendered to the United States. 
Said sum shall be paid out of the Union fund provided in 
chapter two hundred and sixteen of the acts of the year 
eighteen hundred and sixty-one. Approved April 21, 1862. 

Chat) 57. Resolve IN favor OF SANFOKD ALMY. 

Allowance from Rcsolved, For Tcasons set forth in the petition of Sanford 
foJ^rir vlces"""^ " -^^^7^ that thcrc be allowed, and paid out of the treasury of 
the Commonwealth, to said petitioner, the sum of two hun- 
dred and seventy-six dollars and forty cents, in full for 
services rendered to the United States. Said sum shall be 
paid out of the Union fund provided in chapter two hundred 
and sixteen of the acts of the year eighteen hundred and 
sixty-one. Approved April 21, 1862. 

Chav 58. Resolve in favor of william c. lovering. 

Allowance from Rcsolved, Yov rcasous set forth in the petition of William 
C. Lovering, that there be allowed, and paid out of the 
treasury of the Commonwealth, to said petitioner, the sum 
of one hundred and ninety-seven dollars and fifty-eight cents, 
being in full for services rendered to the United States. 
Said sum shall be paid out of the Union fund provided in 
chapter two hundred and sixteen of the acts of the year 
.eighteen hundred and sixty-one. Approved April 21, 1862. 



" Union Fund 
for services. 



1862.— Chapters 59, 60, 61, 62, 63. 227 

Resolve in favor of lemuel Bradford, second. Chap. 59. 

Resolved, For reasons set fortli in the petition of Lemuel Allowance from 
Bradford second, that there be allowed and paid out of the fo"mriitary"s'cr- 
treasury of the Commonwealth to said petitioner, the sum v'<=«»- 
of one hundred and five dollars and fifty cents, the same 
being in full for services as fourth lieutenant in company 

B, third regiment, first division, Massachusetts volunteer 
militia. Said sum shall be paid out of the Union fund, pro- 
vided in chapter two hundred and sixteen of the acts of the 
year eighteen hundred and sixty-one. 

Approved April 21, 1862. 

Resolve in favor of the brigade band, of lowell. Chau. 60. 

Resolved, For reasons set forth in the petition of H. Hos- Allowance from 
ford and others, that there be allowed and paid out of the for^serWcer'^ " 
treasury of the Commonwealth, toArtemasS. Young, treas- 
urer of the brigade band, of Lowell, the sum of three hun- 
dred and fifty-two dollars, in full for services rendered to 
the United States. Said sum shall be paid out of the Union 
fund, provided in chapter two hundred and sixteen of the 
acts of the year eighteen hundred and sixty-one. 

Approved April 21, 1862. 

Resolve in favor of samuel c. graves. Chap. 61. 

Resolved, For reasons set forth in the petition of Samuel Allowance from 

C. Graves, that there be allowed and paid out of the treas- for services^and 
ury of the Commonwealth to said petitioner, the sum of '°J""«*- 
three hundred and one dollars, being in full for services 
rendered and injuries received while in the service of the 

United States. Said sum shall be paid out of the Union 
fund, provided in chapter two hundred and sixteen of the 
acts of the year eighteen hundred and sixty-one. 

Approved April 23, 1862. 

Resolve in favor of the lewis wharf company. Chap. 62. 

Resolved, For reasons set forth in the petition of Elias Approprmtiou 
Davidson, that there be allowed and paid out of the treasury '''''^""^'"^■ 
of the Commonwealth, to the Lewis Wharf Company, the 
sum of one hundred and eighty dollars, in full for wharfage. 

Approved April 21, 1862. 

Resolve in favor of edmund coburn. Chap. 63. 

Resolved, For reasons set forth in the petition of Edmund Allowance for 
Coburn, that there be allowed and paid out of the treasury luHerat'iliu- 
of the Commonwealth to said petitioner, the sum of three ""''""• 



228 



1862.— Chapters 64, 65, 66, 67, 68. 



Chap. 64. 

Military service. 



Chap. 65. 

Services as clerk 
of senate, pro 



Chap. 66. 

Services and in- 
juries at I'ort 
Warren. 



Chap. 67. 

Services at Fort 
Warren. 



Chap. 68. 

Punkapog 
ludian. 



hundred and six dollars, for services rendered and injuries 
received while in the service of the United States at Balti- 
more, on the nineteenth day of April, in the year eighteen 
hundred and sixty-one. Approved April 25, 18G2. 

KeSOLVE m FAVOR OP HANNIBAL TnOMPSON. 

Resolved, For reasons set forth in the petition of Hanni- 
bal Thompson of Stoughton, that there be allowed and paid 
out of the treasury of the Commonwealth to said petitioner, 
the sum of seventy-five dollars, in full compensation for 
military services. Approved April 25, 1862. 

Resolve in favor of william a. crafts. 

Resolved, That there be allowed and paid out of the 

treasury of the Commonwealth to William A. Crafts, for 

services rendered by him as clerk pro tempore of the senate 

during the present session, the sum of one hundred dollars. 

Approved April 25, 1862. 

Eesolve in favor of adin holbrook. 
Resolved, For reasons set forth in the petition of Adin 
Holbrook, of Rockport, that there be allowed and paid out 
of the treasury of the Commonwealth to said petitioner, 
the sum of one hundred dollars, in full for services rendered 
and injuries received while on duty at Fort Warren. 

Approved April 25, 1862. 

Resolve in favor of Washington l. blake. 

Resolved, For reasons set forth in the petition of Wash- 
ington L. Blake, of Boston, that there be allowed and paid 
out of the treasury of the Commonwealth to said petitioner, 
the sum of sixty-six dollars and sixty-seven cents, in full 
for services rendered at Fort Warren, in the twelfth regi- 
ment Massachusetts volunteer militia. 

Approved April 2b, \'&Qi2. 

Resolve in favor of rebecca da vis. 
Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, to the guardian of the 
Punkapog Indians, the sum of fifty dollars, to be expended 
for the relief of Rebecca Davis, a member of said tribe. 

Approved April 25, 1862. 



1862.— Chapters 69, 70, 71, 72. 229 

Resolve in favor of james monroe, administrator of jotiiam Chap. 69. 

1$. MONROE. ^ * 

Resolved, That there be allowed and paid out of the treas- Appropriation 
iiry of the Commonwealth, to James Monroe, administrator surVenXr T"" 
of Jotham B. Monroe, the sum of eighteen thousand three |;°^'„V/aithTo' 
hundred and seventy-six dollars and thirty-two cents, upon treasurer, 
his releasing and surrendering to the treasurer and receiver- 
general, a certain bond dated the twentieth day of June, in 
the year eighteen hundred and fifty-four, given by the Com- 
mon wealrth, in the penal sum of twenty thousand dollars, to 
James Monroe, administrator as aforesaid, under and by 
virtue of a resolve passed on the eleventh day of March in 
said last named year, and upon his procuring and delivering 
to said treasurer, sufficient discharges of the several actions 
mentioned in said bond, and of the judgments recovered, 
and of the claims sought to be recovered in said actions. 

Apin-oved April 25, 1862. 

Resolve in relation to the state almshouse at bridgewater. Chap. 70. 
Resolved, That the inspectors of the st'ate almshouse at k^p^^'^s author- 
Bridgewater be authorized to use any unexpended appro- 
priation for current expenses for the present year, for such 
improvements or repairs of said institution, as they may deem 
necessary. Approved April 25, 18G2. 

Resolve extending the commission upon a plan for an agri. Chan. 71. 

CULTURAL school. 

Resolved, That the provisions of chapter ninety-eight of Time extended 
the resolves of the year eighteen hundred and sixty-one, °'"'^■'^'"^• 
entitled a " Resolve in favor of the establishment of an Agri- 
cultural School or College," are hereby extended one year. 

Approved April 25, 18G2. 



Resolve in favor of c. g. russell and others. Chap. 72. 

Resolved, That there be allowed and paid out of the treas- .i. w. and .i. u. 
ury of the Commonwealth, to the following officers of the {{azei? *"*"'" 
twelfth regiment Massachusetts volunteer militia, for services 
rendered under orders from the commander-in-chief, in com- 
pliance with the requisition of the i)resident of the United 
States for tlu-ee years volunteers, to wit: to C. G. Russell, 
of company D, the sum of seventy-five dollars ; to James W. 
Ilorne, of company B, the sum of seventy-five dollars; to 
John H. Home, of company B, the sum of seventy-five 
dollars ; to Edwin Hazel, of company K, the sum of seventy- 
five dollars ; in full for services rendered as officers of said 
regiment. Approved April 20, 1802. 



230 1862.— Chapter 73, 74, 75, 76, 77. 

Chap. 73. Resolve in f avor op .tames b. sampson. 

Miutary services. Resolved, FoF reasoiis sct forth ill the petition of James 
B. Sampson, of Boston, that there be allowed and paid out 
of the treasury of the Commonwealth, to said petitioner, the 
sum of seventy-eight dollars, in full for military services in 
the twelfth regiment of the Massachusetts volunteer militia. 

Approved April 26, 1862. 

Chap. 74. Resolve in favor of isaac s. burrill and others. 

G. w^Beach °s! Rcsolved, That there be allowed and paid out of the treas- 
a. stetson, s.' a! ury of the Commonwealth, to the following field and staif 
'**'°' officers of the first regiment, Massachusetts volunteer 

militia, for services rendered under orders of the commander- 
in-chief, in compliance with the proclamation of the president 
of the United States, to wit : To Isaac S, Burrill, the sum 
of forty-five dollars and eighty-three cents; to T. L. D. Per- 
kins, the sum of thirty-eight dollars and eighty-six cents ; to 
George W. Beach, the sum of thirty-five dollars and thirty 
cents ; to Sydney A. Stetson, the sum of thirty-five dollars 
and thirty cents ; to Samuel A. Green, the sum of thirty- 
eight dollars and eighty-eight cents ; in full for services ren- 
dered by them respectively as field and staff officers. 

Approved April 26, 1862. 

Chap. 75. Resolve in favor of isaac jones. 

Military services. Jiesoliwd, For rcasous set forth in the petition of Isaac 
Jones, of Stoughton, that there be allowed and paid out of 
the treasury of the Commonwealth, to said petitioner, the 
sum of seventy-five dollars, in full for military services. 

Approved April 26, 1862. 

Chap. 76. Resolve in favor of oharles l. gill. 

Services and in- Resolved, For Tcasous sct forth in the petition of Charles 

more. '° ^''' L. Gill, that there be allowed and paid out of the treasury 

- of the Commonwealth, to said petitioner, the sum of two 

hundred and thirty-four dollars, for services rendered and 

injuries received in the streets of Baltimore, on the nineteenth 

day of April, in the year eighteen hundred and sixty-one. 

Approved April 28, 1862. 

Chap. 77. Resolve in favor of jerome a. Harrington. 

Services at Fort Resolvcd, For rcasous sct forth in the petition of Jerome 

Warren. ^ HarHngton, that there be allowed and paid out of the 

treasury of the Commonwealth, to said petitioner, the sum 

of fifty-one dollars, in full for services rendered while 



1862.— Chapters 78, 79, 80, 81, 82, 83. 231 

at Fort Warren, as a member of company G, eleventh 
regiment, Massachusetts volunteer militia. 

Approved April 28, 1862. 

Resolve in favor of daniel currier. Chan. 78. 

Resolved, That there be allowed and paid out of the Military service 
treasury of the Commonwealth, to Daniel Currier, of Salem, °*^ '°"' 
the sum of twenty-five dollars, for military service rendered 
by his son, Edward Currier. Approved April 28, 1862. 

Resolve in favor of Jonathan s. robinson. Chat) 79 

Resolved, That there be allowed and paid out of the Mmtary service, 
treasury of the Commonwealth, to Jonathan S. Robinson, 
the sum of two hundred and ten dollars, in full for services 
rendered and money expended in the first cavalry regiment. 

Approved April 28, 1862. 

Resolve in favor of Charles e. grover. Chap. 80. 

Resolved, For reasons set forth in the petition of Charles Military service. 
E. Grover, of Boston, that there be allowed and paid out of 
the treasury of the Commonwealth, to said petitioner, the sum 
of sixty dollars, in full compensation for military services. 

Approved April 28, 18G2. 

Resolve in favor of william h. sumner. Chap. 8 1 . 

Resolved, For reasons set forth in the petition of William service at Fort 
H. Sumner, that there be allowed and paid out of the ^^*"''°- 
treasury of the Commonwealth, to said petitioner, the sum 
of fifty-one dollars, in full for services rendered at Fort 
Warren, as a member of company E, eleventh regiment, 
Massachusetts volunteer militia. Approved April 28, 1862. 

Resolve in favor of james keenan. Chan. 82. 

Resolved, For reasons set forth in the petition of James injuries at Bam- 
Keenan, that there be allowed and paid out of tlie treasury of """""■ 
the Commonwealth, to said petitioner, the sum of two hun- 
dred and ten dollars, for injuries received in the streets of 
Baltimore, on the nineteenth day of April, in the year 
eighteen hundred and sixty-one. . Approved April 28, 1862. 

Resolve in favor of Charles t. robinson. Chap. 83. 

Resolved, For reasons set forth in the petition of Charles 

T. Robinson, of Raynham, that there be allowed and paid 

out of the treasury of the Commonwcaltii, to said petitioner, 

the sum of one hundred and thirty dollars and sixty-five 

cents. Approved April 28, 1802. 



232 1862.— Chapters 84, 85, 86, 87. 

Chap. 84. Resolve ix aid of the perkins institution and Massachusetts 

ASYLUM FOR THE BLJND. 

Additional allow- Resolvecl, That there be allowed and paid out of the 
treasury of the Commonwealth to the Perkins institution 
and Massachusetts asylum for the blind, in addition to the 
sum heretofore appropriated for current expenses, tlie sum 

Proviso. of three thousand dollars : provided, that the trustees of 

said institution shall receive and gratuitously educate all 
such persons as the governor of the Commonwealth may 
designate. Approved April 28, 1862. 

C/ian. 85. Resolve to meet deficiencies at the state prison during 
* ' ' the current year. 

Resolved, That there be allowed and paid out of the treas- 
ury of the Commonwealth, to the warden of the state prison, 
a sum not exceeding twelve thousand dollars, to meet defi- 
ciencies arising during the current year, in consequence of 
the depression of business. This resolve shall take effect 

upon its passage. Approved April 28, 18G2. 

Chan. 86. Resolve relating to the insurance commissioners. 

Clerical assist- Resolved, That instead of the sum appropriated by chap- 

tiin%or°defined' tcr sixty-ouc of the acts of the current year for clerical 
assistance to the insurance commissioners in making the 
valuation of life insurance policies for November first, eigh- 
teen hundred and sixty-two, there be paid to them as the 
balance due for former valuations whatever money has been 
or shall be received into the treasury from life insurance 
companies on account of the valuation for November first, 

Proviso. eighteen hundred and sixty-one : provided, it does not 

exceed the sum of fourteen hundred and seventy-three 
dollars and forty-two cents, and the same is hereby appro- 
priated and authorized to be paid out of the treasury ; said 
sum to be in full for all clerical assistance to November 
first, eighteen hundred and sixty-one. 

Approved April 28, 1862. 

Chap. 87. Resolve to provide for an accurate valuation of the unpro- 

^ ' ' DUCTIVE property OF THE COMMONWEALTH. 

Auditor to cause Resolvcd, That the auditor be and he is hereby author- 

appraisai. j^^^ ^^^^ dircctcd to causc the unproductive property of the 

Commonwealth to be appraised at its actual value, and that 

Proviso. he report the same to the next legislature : provided, that 

the expense attending such valuation shall not exceed one 

hundred dollars. Approved April 28, 1862. 



1862.— Chapters 88, 89. 233 

Resolves in relation to the harbors and flats of the Q/idp^ gy, 

COMMONWEALTH. "' 

Resolved, That the arovernor is hereby authorized, with Governor to ap- 

.1 1 • 1 r.1 .t . 1 point commis- 

the advice and consent of the council, to appoint three com- sioners. 
missioners, whose duty it shall be to devise and report a 
general and economical system for the care and preserva- 
tion of the harbors of the Commonwealth, and the use and 
disposal of the fiats therein belonging to tlie Commonwealth, 
in such manner as shall preserve and improve said harbors, 
and protect the public interests in the same. 

Resolved, That it shall be the duty of the said commis- duties of com- 
sioners especially to ascertain and report upon the condition 
of the flats lying between South Boston and the channel, 
and the extent of the title of the Commonwealth therein ; 
and to devise some plan for the improvement, sale or dis- 
posal of the same, in" such manner as may best conduce to 
the improvement of the harbor, the present and future com- 
mercial prosperity of the state, and the protection of the 
pecuniary interests of the Commonwealth. Said commis- shaii notify par- 
sioners shall appoint a time and place for the hearing of all *'^^ "»t"ested. 
parties interested in the premises, and shall give at least 
thirty days' notice thereof, by publication in two or more 
daily newspapers printed in the city of Boston ; and they 
may receive propositions from any and all persons or corpo- 
rations, for the purchase and improvement of said flats. 

Resolved, That no sale or disposal of the flats of the saie of flats pro- 
Commonwealth shall be made until the report of the said uo^nXo"n''repor"t 
commissioners shall have been received and acted upon by ofcommiBsioners. 
the legislature. Said commissioners shall keep a record of 
their actual services and expenses, to be duly audited by 
the governor and council, and the governor shall be author- 
ized to draw his warrants for the same. Said commission- 
ers shall make a report to the next legislature, on or before 
the fifteenth day of January next. Approved, April 28, 1802. 

Resolve in favor of the widow of joseph morrill. Chat) 89 

Resolved, That there be allowed and paid, and the same Rcprosontative 
is hereby appropriated out of the treasury of the Common- *i«<=«»*«'i- 
wealth, to the widow of Mr. Joseph Morrill, deceased, late 
a memberyof the house of representatives from Salisbury, 
the sum of seventy-five dollars, in full for services rendered 
in the house of representatives during the present session. 

Approved April 29, 18G2. 
37 



234 1862.— Chapters 90, 91, 92, 93, 94. 



Chap. 90. Resolve in favor of baknakd c. marchant. 

Support of Chap. Resolved, That there be allowed and paid out of the 
pe^quiddic In- ^pgj^gyj.y ^f |.|jg Commou Wealth, to Barnard C. Marchant, 
guardian of the Christiantown and Chappequiddic Indians, 
the sum of fifty dollars, (or so much of the same as may 
be necessary,) for the support of Nelley Joseph, a member 
of the Chappequiddic tribe of Indians. 

Approved April 29, 1862. 

Chap. 91. Resolve IN favor of JOHN E. AMES. 

Services and in- Resolved, For rcasons set forth in the petition of John E. 

more. *' ''" Ames, that there be allowed and paid out of the treasury of 
the Commonwealth, to said petitioner, the sum of three 
hundred and ninety dollars, for services rendered and 
injuries received while in the service of the United States, 
at Baltimore, on the nineteenth day of April, in the year 
eighteen hundred and sixty-one. Approved April 30, 1862. 

Chap. 92. Resolve in favor of as a e. lovell. 

Representatije,^ Rcsolved, That thcrc bc allowcd and paid, and the same 
expenses o sic - .^ j^g^.gjjy appropriated out of the treasury of the Common- 
wealth, to Mr. Asa E. Lovell, of Barnstable, the sum of 
twenty-six dollars, in addition to his regular compensation 
as a member of the house of representatives, to pay the 
expenses incurred by him in consequence of sickness. 

Approved April 30, 1862. 



Chap. 93. 



Resolve for an appropriation for the museum of comparative 
zoolocxy, and the state cabinet of natural history. 

Four thousand Resolved, That there be appropriated and paid, out of the 
farel'p"p"ropriafe1ii uioiety of thc income of the school fund applicable to educa- 
tional purposes, the sum of three thousand five hundred 
dollars, to the Trustees of the Museum of Comparative 
Zoology, to be applied to the care and arrangement of the 
collections belonging thereto ; and the sum of one thousand 
dollars, to the improvement of the State Cabinet of Natural 
History, to be expended under the direction of the secretary 
of the board of agriculture. Approved April 30, 1862. 

Chat) 94 Resolve in favor of the sudbury rifle company. 

Allowance for Resolved, For reasons set forth in the petition of Abel B. 

services. Joucs and otlicrs, that there be allowed and paid, out of the 

treasury of the Commonwealth, to the following named 
persons, the sums set against their respective names, in full 
compensation for services rendered by them, as members of 



1862.— Chapters 95, 96. 235 

company G, thirteenth regiment, Massachusetts volunteer 
militia, as per special order of the commander-in-chief, 
number three hundred and fourteen, dated June twenty- 
sixth, eighteen hundred and sixty-one, to wit : To Abel B. 
Jones, captain, fourteen dollars ; Marshall Davis, second 
lieutenant, twelve dollars ; J. L. Willis, third lieutenant, 
thirty dollars ; H. H. Benham, fourth lieutenant, thirty 
dollars ; William H. Brent, first sergeant, thirteen dollars 
and sixty cents ; Nelson Fairbank, fourth sergeant, twelve 
dollars ; 0. R. Richards, fifth sergeant, twelve dollars ; Eli 
Willis, first corporal, eight dollars and twenty-five cents ; A. 
Willis, second corporal, five dollars and fifty cents ; J. Ham- 
mond, musician, seven dollars and seventy cents ; J. H. 
Brown, private, nine dollars and sixty cents ; Eliphalet 
Seass, private, seven dollars ; Josiah Gleason, private, nine 
dollars and sixty cents ; G. L. Sanborn, private, six dollars 
and thirty-four cents ; G. H. Simpson, private, six dollars 
and thirty-four cents ; Andrew Haynes, private, nine dollars 
and sixty cents ; F. P. Hosmore, private, seven dollars and 
twenty cents ; John Woodhare, private, seven dollars and 
twenty cents ; E. L. Blood, private, nine dollars and sixty 
cents ; C. A. Seass, private, nine dollars and sixty cents ; E. 
A. Conant, private, nine dollars and sixty cents ; J. N. 
Haynes, private, nine dollars and sixty cents ; John Lee, 
private, nine dollars and sixty cents ; D. Sloiss, private, nine 
dollars and sixty cents ; L. W. Brown, private, nine dollars 
and sixty cents ; G. W. Woodbury, private, nine dollars and 
sixty cents ; J. 0. Brine, private, nine dollars and sixty 
cents ; R. Cowin, private, nine dollars and sixty cents ; A. 
S. Eastman, private, three dollars and thirty-six cents ; G. 
K. Parks, private, three dollars and thirty-six cents ; Amasa 
Arnold, private, three dollars and thirty-six cents. 

Approved April 30, 1862. 

Resolve in favor of the Bristol county agricultural society. Chap. 95. 
Resolved., For reasons set forth in the petition of Theodore Allowance to, 
Dean and others, that there be allowed and paid out of the [Led" from IT 
treasury of the Commonwealth to Timothy Gorden, treas- •^^-^p"'*"'- 
urer of the Bristol County Agricultural Society, the sum of 
two hundred and fifty-dollars, the same being in full for 
damage to buildings, fences, trees, grass and other things, 
while the land of said society was occupied as " Camp Old 
Colony." Approved April 30, 18G2. 

Resolve in relation to streets and drainage on the back bay. Chap. 96. 

Resolved, That the commissioners on public lands be, and commiMioners^ 

they hereby are authorized to make such modifications of "ugVgreeJeuu'. " 



236 1862.— Chapters 97, 98, 99. 

existing agreements in relation to the drainage of the Back 
Bay territory, so called, situated between the Milldam and 
Tremont Street, in Boston, as may be agreed upon by the 
city of Boston and all other parties to such agreements, 
May authorize subjcct to thc approval of the governor and council ; and 
conunuetete.'^" they may authorize thc making of such new streets and ways, • 
and the discontinuance of such streets and ways as have 
already been made or provided for, on the territory of the 
Boston Water-Power Company, and may connect any such 
streets with the streets on the Commonwealth's territory, as 
they may deem expedient, and upon such terms and condi- 
tions as they may determine upon, subject to the approval 
Notice to parties of thc govcmor and council ; but before proceeding to act 
interested. ^^^ ^|^-g pggQjyg^ ^Ijq commissioucrs shall give public notice 

by advertisement in two newspapers published in Boston, of 
the time and place at which all parties having any objections 
to such changes, or the laying out of such streets, may be 
heard. Approved April 30, 1862. 

Chap. 97. E.ESOLVE FOR THE PAYMENT OF EXPENSES INCURRED UNDER THE 

PROVISIONS OF " AN ACT CONCERNING CATTLE COMMISSIONERS." 

Aw^ropmtion Resolved, That there be allowed and paid out of the treas- 

orize . ^^^^ ^^ ^^^^ Commonwealth, the sum of five thousand dollars, 
for the compensation and authorized expenses of the commis- 
sioners appointed under "An Act concerning Cattle Com- 
missioners," being chapter twenty-eight of the acts of the 
present session of the legislature. Approved April 30, 1862. 

Chap. 98. KeSOLVE to pay A SUM OF MONEY DUE THE UNITED STATES. 

Appropriation. Resolvcd, That thcrc be allowed and paid, and the same 
is hereby appropriated, out of the treasury of the Common- 
wealth, the sum of seven hundred thousand eight hundred 
and ninety-four dollars, to pay the amount due the United 
States, under the act of congress, approved August fifth, 
Treasurer to bor- eighteen hundred and sixty-one; and the treasurer is hereby 
^^° ^ ^' authorized to borrow of the banks of this Commonwealth, a 
sum not exceeding the amount appropriated by this resolve ; 
and he shall repay the same as soon as money sufficient for 
the purpose shall be received into the treasury. 

Approved April 30, 1862. 

Chap. 99. RkSOLVE providing for THE PAYMENT OF THE EXPENSES OF 
THE MASSACHUSETTS ALLOTMENT COMMISSIONERS FOR THE YEAR 
EIGHTEEN HUNDRED AND SIXTY-TWO. 

Appropriation. Resolvcd, That there be appropriated and paid from the 
state treasury, a sum not exceeding seven hundred and fifty 



1862.— Chapters 100, 101, 102, 103. 237 

dollars, for the expenses during the present year of three 
Massachusetts allotment commissioners, appointed by the 
president of the United States, in pursuance of the require- 
ments of the act of congress, approved December twenty- 
fourth, in the year eighteen hundred and sixty-one. 

Approved April 30, 1862. 



Chap. 100 



Resolve granting leave to william h. haven to re-marry 
hannah ha wes, and legitimating their issue. 

Resolved, For the reasons set forth in the petition of 
William H. Haven,of Leicester, and others, the said William 
H. Haven is hereby authorized to re-marry Hannah Hawes ; 
and the contract of marriage heretofore made by the said 
William H. Haven and the said Hannah Hawes, is hereby 
ratified and confirmed, and shall have the same effect so far 
as regards their respective civil rights and those of the issue 
of said marriage, as if the said contract of 'marriage were 
legal at the time of its solemnization. 

Approved, April 30, 1862. 

Resolve MAKING AN ADDITIONAL APPROPRIATION FOR THE SUPPORT QJidp \{)\ 
OF LUNATIC STATE PAUPERS THE PRESENT YEAR. -* * 

Resolved, That there be allowed and paid out of the treas- Thirty thousand 
ury of the Commonwealth, and the same is hereby appro- '^°"''"- 
priated, for the support of state lunatic paupers, a sum not 
exceeding thirty thousand dollars, in addition to sixty thou- 
sand dollars already appr6priated the present year. 

Approved April 30, 1862. 



Chap. 102 



Resolve to provide additional compensation to the chaplains, 
door-keepers, messengers and pages of the legislature. 

Resolved, That in addition to the sum now provided by compensation 
law, there be allowed and paid out of the treasury of the bTyonTone'run- 
Common wealth, to each of the door-keepers and messengers ^reddayg. 
in attendance on the legislature, three dollars per day for 
each and every day's attendance, during the present session, 
exceeding one hundred days, and to the chaplains of the 
senate and house of representatives, and to each of the 
pages, two dollars per day for each and every day's attend- • 

ance on the legislature during the present session, exceeding 
one hundred days. Approved April 30, 1862. 

Resolve in favor of rhoda m. taylor. Chan 1 03 

Resolved, That there be allowed and paid out of the treas- Indian of west- 
ury of the Commonwealth, to Rhoda M. Taylor of Westport, J^"- 
an Indian, the sum of fifty dollars. Approved April 30, 1862. 



238 1862.— Chapters 104, 105, 106, 107, 108, 109. 

Chap. 104 Resolve in favor of hiram l. newhall. 

Siiitar ca°m ^"^ Rssolved, That there be allowed and paid out of the treas- 
mi 1 ary camp. ^^^ of the Commonwealth, to Hiram L. Newhall, the sum of 
fifty dollars in full payment for the use of his land by mili- 
tary authorities at Camp Schouler, and damages to said 
land, and to fences upon the same. Approved April 30, 1862. 

Chap. 105 Resolve in favor of michael green. 

Services and in- Resolvcd, That there be allowed and paid out of the treas- 
more! *' * ''" ury of the Commonwealth, to the mayor of Lawrence, for the 
benefit of Michael Green, the sum of sixty-six dollars, in full 
payment for services rendered as member of . company I, 
sixth regiment Massachusetts volunteer militia, and for 
injuries received at Baltimore on the nineteenth day of April, 
in the year eighteen hundred and sixty-one. 

Approved April 30, 1862. 

Chap. 106 Resolve in favor of thomas a. sears. 

Military services. Resolved, That tlicrc be allowed and paid out of the treas- 
ury of the Commonwealth, to Thomas A. Sears, the sum of 
seventy-five dollars, in full compensation for military services. 

Approved April 30, 1862. 

Chap. 107 Resolve in favor of william l. smith. 

fx''eTs''"of s'^k Resolved, That there be allowed and paid, and the same 
expense o sic - .^ ijej-g^y appropriated, out of the treasury of the Common- 
wealth, to Mr. William L. Smith, a member of the house of 
representatives, the sum of thirty-eight dollars, in full for 
expenses of sickness during the present session of the legis- 
lature, and that a warrant be drawn accordingly. 

Approved April 30, 1862. 

Chap. 1 08 Resolve in favor of william t. patch. 

^njuriesat Baiti- Resolvcd, That thcrc be allowed and paid out of the treas- 
ury of the Commonwealth, to William T. Patch of Tyngs- 
borough, in the county of Middlesex, the sum of forty-four 
dollars ; it being for injuries received in Baltimore while a 
member of company D, sixth regiment Massachusetts vol- 
unteers, April nineteenth, eighteen hundred and sixty-one. 

Approved April 30, 1862. 



Chap. 109 



Resolve in favor of william p. hood. 

Resolved, That there be allowed and paid out of the treas- 
ury of the Commonwealth, to William P. Hood, in consid- 
eration of his extra labors as clerk of the committee on 



1862.— Chapters 110, 111, 112, 113. 239 

claims, the sum of three dollars per day for each and every 
day's attendance during the present session of the legislature, 
exceeding one hundred days. Approved April 30, 1862. 

Resolve in favou of fitz j. babson. Chap. 110 

Resolved., That there be allowed and paid out of the treas- Military service. 
ury of the Commonwealth, to Fitz J. Babson, the sum of 
seventy-eight dollars and thirty-three cents, in full for service 
as first lieutenant company K, twelfth regiment, Massachu- 
setts volunteer militia. Approved April 30, 1862. 

Resolve in favor of james h. parks. Chap. Ill 

Resolved, For reasons set forth in the petition of James 
H. Parks of Cambridge, that there be allowed and paid, out 
of the treasury of the Commonwealth, to said petitioner, the 
sum of four hundred and thirty-eight dollars, in full pay- 
ment for trucking and other services rendered the state. 

Approved April 30, 1862. 

Resolve providing for an adjustment of certain land claims Qhfjj) 1 1 O 

IN SOUTH BAY. "' 

Resolved, That the commissioners on harbors and flats be commissioners 
and they are hereby authorized to inquire into, ascertain and flats"o°'^scer- 
report to the next general court, the quantity and value of cer?air'"ilt.dJ 
any and all lands, marshes and flats, which are included "'"^ '''^'V^^''^ 
within the commissioners' lines about South Bay, in the 
harbor of Boston, belonging to proprietors other than the 
Commonwealth, 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 
compensation, if any, is due therefor, and whether said lines 
may be changed about the South Bay, without injury to the 
harbor, and if so, to report what change may be made. 

Approved, April 30, 18G2. 

Resolves in relation to the act passed by the general assem- Chap. 113 

BLY of MARYLAND, FOR THE RELIEF OF THE FAMILIES OF THE ^ * 

KILLED AND WOUNDED OF MASSACHUSETTS AT BALTIMORE, ON THE 
NINETEENTH OF APRIL, EIGHTEEN HUNDRED AND SIXTY-ONE. 

Resolved, That the Commonwealth of Massachusetts Appropriation 
hereby acknowledges the liberal appropriation of her sister *<'^"°"^'«''8ed. 
state of Maryland, for the relief of the wounded and of the 
families of the killed of the sixth regiment of Massachusetts 
volunteers, in tlie lamentable occurrences at Baltimore on 
the nineteenth of April, eighteen hundred and sixty-one. 
The people of Massachusetts will welcome, with sincere and 



240 



1862.— Chapter 114. 



Transmission of 
copy. 



cordial satisfaction, this evidence of the generous sympathy 
of the people of Maryland, which will tend to restore and 
strengthen that kind and fraternal feeling which should ever 
exist between the citizens of the different states of the 
Union. 

Resolved, That his excellency the governor be requested 
to transmit a copy of these resolves to his excellency the 
governor of Maryland, with the request that they be laid 
before the legislature of that state, at its next session. 

Approved April 30, 1862. 

Chap. 114 Resolve in favor of certain military companies. 

Allowance for Resolved, That there be paid out of the treasury of the 

military serrices. Commonwealth, the following sums, in payment for uni- 
forms belonging to and worn out by the several companies 
of the Massachusetts volunteer militia hereinafter named, 
while engaged in the military service of the United States, 
as three months volunteers, under the proclamation of the 
president, to wit : — 

Tiiird regiment. To thc sclectmcn of thc towu of Halifax, for the benefit 
of company A, the sum of two hundred and seventy-nine 
dollars ; to the selectmen of the town of Plymouth, for the 
benefit of company B, the sum of three hundred dollars ; to 
the selectmen of the town of Freetown, for the benefit of 
company G, the sum of one hundred and sixty dollars ; to 
the selectmen of the town of Plympton, for the benefit of 
company H, the sum of two hundred and seven dollars ; to 
the selectmen of the town of Carver, for the benefit of 
company K, the sum of three hundred and seventy-eight 
dollars ; to the mayor of the city of New Bedford, for the 
benefit of company L, the sum of three hundred and ninety- 
two dollars ; said companies being of the third regiment. 

Fourth regiment. To thc selcctmcn of tlic towu of Canton, for the benefit 
of company A, the sum of two hundred and four dollars ; 
to the selectmen of the town of Easton, for the benefit of 
■ company B, the sum of two hundred and four dollars ; to 
the selectmen of the town of Braintree, for the benefit of 
company C, the sum of three hundred and fifty-one dollars ; 
to the selectmen of the town of Randolph, for the benefit of 
company D, the sum of one hundred and eighty-two dollars ; 
to the selectmen of the town of Abington, for the benefit of 
company E, the sum of three hundred dollars ; to the select- 
men of the town of Foxborough, for the benefit of company 
F, the sum of three hundred and ninety dollars ; to the 
selectmen of the town of Taunton, for the benefit of com- 
pany G, the sum of four hundred and forty-one dollars ; to 



1862.— Chapter 114. 241 

the selectmen of the town of Quincy, for the benefit of 
company H, the sum of two hundred and forty dollars ; to 
the selectmen of the town of Hingham, for the benefit of 
company I, the sum of one hundred and fifty dollars ; the 
said companies being of the fourth regiment. 

To the mayor of the city of Salem, for the benefit of ^'i^ii regiment. 
company A, the sum of four hundred and fifty dollars ; to 
the selectmen of the town of South Reading, for the benefit 
of company B, the sum of six hundred and eight dollars ; 
to the mayor of the city of Charlestown, for the benefit of 
company C, the sum of seven hundred and twenty dollars ; 
to the selectmen of the town of Concord, for the benefit of 
company G, the sum of two hundred and seventy dollars ; 
to the mayor of the city of Salem, for the benefit of com- 
pany H, the sum of three hundred and sixty-four dollars ; 
to the selectmen of the town of Somerville, for the benefit 
of company I, tlie sum of five hundred and eighteen dollars; 
to the mayor of the city of Charlestown, for the benefit of 
company K, the sum of eight hundred and eighty-five dol- 
lars ; to the selectmen of the town of Haverhill, for the 
benefit of company G, detached from the seventh regiment, 
the sum of four hundred and sixty-eight dollars ; said 
companies being of the fifth regiment. 

To the mayor of the city of Lowell, for the benefit of sixth regiment. 
company A, the sum of four hundred and thirty-two dollars ; 
to the selectmen of the town of Groton, for the benefit of 
company B, the sum of four hundred and ninety-six dollars ; 
to the mayor of the city of Lowell, for the benefit of com- 
pany C, the sum of five hundred and sixteen dollars ; to 
the mayor of the city of Lowell, for the benefit of company 

D, the sum of four hundred and ninety dollars ; to the 
selectmen of the town of Acton, for the benefit of company 

E, the sum of four hundred and twenty-three dollars ; to 
the mayor of the city of Lawrence, for the benefit of com- 
pany F, the sum of four hundred dollars ; to the mayor of 
the city of Lowell, for the benefit of company II, the sura 
of four hundred and eighty dollars ; to tlie mayor of the 
city of Lawrence, for the benefit of company I, the sum of 
four hundred and thirty-two dollars ; to the mayor of the 
city of Boston, for the benefit of company K, detached from 
the first regiment, the sum of iivG hundred and fifty-eight 
dollars ; to the selectmen of the town of Stoneham, for the 
benefit of company L, detached from the seventh regiment, 
the sum of five hundred and twenty dollars ; to the mayor 
of the city of Worcester, for the benefit of company B, 
detached from the third battalion of infantry, the sum of 

:!8 



242 1862.— Chapter 115. 

six luuidrGcl and twenty-five dollars ; said companies being 
of the sixth regiment. 
Eighth regiment. rj,^ ^jj^ mdjor of the citj of Newburyport, for the benefit 
of company A, the sum of five hundred and twenty dollars ; 
to the selectmen of the town of Marblehead, for the benefit 
of company B, the sum of three hundred and seventy-seven 
dollars ; to the selectmen of the town of JMarblehead, for 
the benefit of company C, the sum of four hundred and 
twenty dollars ; to the selectmen of the town of Marblehead, 
for tlie benefit of company H, the sum of three hundred 
and thirty-six dollars ; to the mayor of the city of Lynn, for 
tlie benefit of company D, the sum of four hundred and 
twenty-seven dollars ; tx) the selectmen of the town of Bev- 
erly, for the benefit of company E, the sum of five hundred, 
and thirty-six dollars ; to the mayor of the city of Lynn, for 
the benefit of company F, the sum of five hundred dollars ; 
to the selectmen of the town of Gloucester, for the benefit 
of company G, the sum of three hundred and thirty-six 
dollars ; to the mayor of the city of Salem, for the benefit 
of company I, detached from the seventh regiment, the sum 
of four hundred and fourteen dollars ; to the selectmen of 
the town of Pittsfield, for the benefit of company K, detached 
from the first battalion of infantry, the sum of four hundred 
and seventy dollars ; said companies being of the eighth 
regiment. 

And said several sums shall be paid from the union fund, 
and shall be disposed of by said selectmen, and mayor and 
aldermen, in such manner as the several companies aforesaid 
shall by vote direct. Approved April 30, 1862. 

Chap. 115 Eesolve in kelation to sick and wounded soldiers. 

Keniovai home Rcsolved, That the governor, by and with the advice and 

sick'auTwouud- consciit of tlic couucil be, and he hereby is, authorized to 
take any measures lie may deem expedient to aid the general 
government in the removal of our sick and wounded soldiers 
to Massachusetts, and he may draw his warrant on the 
treasury for the payment of any expenses incurred in pur- 
suance of this resolve, and the necessary amount therefor is 
hereby appropriated ; and the treasurer of the Common- 
wealth is hereby authorized to require of the several banks 
of this Commonwealth, loans of such sum or sums of money 
as may be necessary for the purposes of this resolve. And 

peDsu ifefiuired. tlic govcmor sliall nuikc a detailed statement to the legisla- 
ture on or before the tenth day of January, eighteen hundred 
and sixty-three, of the expenditures incurred under tlie 
aiuhorifv of this resolve, with the names of the soldiers for 



ed 



statement of ex- 



1862.— Chapters 116, 117. 243 

whom the expense is incurred, and the rcspecti%'e amounts 
paid on account of each, as far as practicable. 
This resolve shall take effect upon its passage. 

Approved April 30, 18G2. 

Resolve ix favor of benjamin r. dean. Chap. 116 

Resolved^ For reasons set forth in the petition of Benja- 
min R. Dean, that there be allowed and paid out of the 
treasury of the Commonwealth to said petitioner, tiie sum 
of twoliundred and thirty-seven dollars and fifty-five cents. 

Approved April 30, 1SC2. 

Resolve on the petition of w. g. langdon. Chan. 117 

Resolved^ That the petition of W. G. Langdon, to be paid Payment for 
for one hundred and one rifles, furnished to the Cotamon- mister ordnlncc", 
wealth, be referred to tlie attorney-general, the master of ^"^''^^^j^^^'"'''' 
ordnance, and the auditor, who are hereby constituted a 
commission, with instructions to notify and hear all the instructions, 
parties interested in the purchase and sale of said rifles, to 
ascertain whether tliere was any contract made for them, 
and if any, by what authority and by Avhom made ; if said 
rifles were suitable for the service for which they were made ; 
if they were inspected ; what was the manufacturer's price 
for such rifles at the time of the alleged contract ; whether 
the manufacturer of such rifles was able to furnish the 
number of rifles required at that time ; what evidence there 
is, if any, that other parties could have furnished the 
requisite number, and at what price, together with all 
other facts and circumstances necessary to a full under- 
standing of tlie case, and to report to the governor and Report to gover- 
council as soon as conveniently may be, who are hereby '^o''^"'!^""'"^^''- 
authorized to award and pay to the claimant whatever 
amount tlie commissioners, or a majority of them, shall 
report to be due. Approved April 30, 1862. 



244 1862. 

RESOLVE 

PKOVIDING FOR AN AMENDMENT TO THE CONSTITUTION RELATIVE 
TO THE QUALIFICATION OF VOTERS. 

Resolved^ By both houses, (the same being agreed to by 
a majority of the senators and two-thirds of the members of 
the house of representatives, present and voting thereon : — ) 

That it is expedient to alter the constitution of this Com- 
monwealth, by adopting the subjoined Article of Amend- 
ment, and that the same, as thus agreed to, be entered on 
the journals of the two houses, with the yeas and nays taken 
thereon, and referred to the general court next to be chosen, 
and that the same be published, to the end that if agreed to 
by the general court next to be chosen, in the manner pro- 
vided by the constitution, it may be submitted to the people 
for their ratification in order that it may become a part of 
the constitution of this Commonwealth. 

Article of Amendment. 

The twenty-third Article of the Articles of Amendment of 
the Constitution of this Commonwealth, which is as follows, 
to wit: — 

" No person of foreign birth shall be entitled to vote, or 
shall be eligible to office, unless he shall have resided within 
the jurisdiction of the United States for two years subse- 
quent to his naturalization, and shall be otherwise qualified, 
according to the constitution and laws of this Common- 
wealth : provided, that this amendment shall not affect the 
rights which any person of foreign birth possessed at the 
time of the adoption thereof: Siwh provided, further, that it 
shall not affect the rights of any child of a citizen of the 
United States, born during the temporary absence of the 
parent therefrom," is hereby wholly annulled. 



House of Representatives, March 3, 1862. 

The foregoing Resolve and Article of Amendment are 
agreed to by the House of Representatives, two-thirds of the 
members present, and voting thereon, having voted in the 
affirmative, and the Resolve and Article of Amendment are 
referred to the General Court next to be chosen. 

Sent up for concurrence. "W. S. Robinson, Clerk. 

In Senate, March 8, 1862. 
The foregoing Resolve and Article of Amendment are 
agreed to, in concurrence, a majority of the members present, 
and voting thereon, having voted in the affirmative. 

S. N. GiFFORD, Clerk. 



1^ The General Court of 1862 during its annual session, passed 225 
Acts and 117 Resolves wbich received the approval of the Governor. In 
addition to these, three Acts entitled respectively " An Act in addition to 
an Act in aid of the families of Volunteers and for other purposes," " An 
Act to jlivide the Commonwealth into Districts for the choice of Repre- 
sentatives in the Congress of the United States," and " An Act to incor- 
porate the New England Railroad Transportation Company," were laid 
before the Governor for his approval, and the first and second of said Acts 
were returned by him, unapproved, together with a statement of his 
objections, to the branches in which they originated. The first of said 
Acts being placed upon its final passage, in the manner provided by the 
Constitution, notwithstanding the objections of the Governor, and two- 
thirds of the members failing to " agree to pass the same," it was accord- 
ingly declared lost, the vote in the Senate being 33 in the negative and 
none in the affirmative. The second of said Acts being placed upon its 
final passage in the manner provided by the Constitution, notwithstanding 
the objections of the Governor, was reconsidered by the Senate and House 
of Representatives and passed, two-thirds of the members present and 
voting thereon, having voted in the affirmative, the vote in the Senate 
being 22 in the affirmative to 11 in the negative, and in the House 137 in 
the affirmative to 67 in the negative. The third of said Acts, having been 
presented on the evening of the last day of the session, was retained by 
the Governor, and, as provided by the Constitution in such cases, failed to 
become a law, the legislature having adjourned within five days thereafter. 



ACTS OF 1862 CLASSIFIED. 

General Statutes, or Acts of a public character, . . .158 
Special Acts, relating to individuals and corporations, . . 68 — 220 



INAUGURAL ADDRESS 



HIS EXCELLENCY JOHN A. ANDllEW. 



At one o'clock on the third day of January, His Excellency 
tlie Governor, accompanied by His Honor the Lieutenant- 
Governor, the members of the Executive Council, and 
officers of the civil and military departments of the govern- 
ment, attended by a Joint Committee of the two Houses, 
and the Sheriff of Suffolk, met the Senate and House of 
Representatives, in Convention, and delivered the following 

ADDRESS. 

Gentlemen of the Senate and 

House of Representatives : 

Called by the election of the people of Massachusetts, we 
are assembled at. the Capitol of the Commonwealth to 
inaugurate a year of momentous duties and cares. By the 
favor of our fathers' God — whose blessing we most humbly 
implore, from whom cometh down all strength and wisdom, 
and who alone can give the victory, — this people, fortunate 
in all the circumstances of their history, and in the oppor- 
tunities of patriotism, rising to the height of the great 
occasion, girding up their loins, and stretching out their 
hands to grasp and encounter the future, are summoned to 
a new consecration to the cause of Him, of their country, 
and the rights of mankind. 

You, as lawgivers of the State, will know how best to 
assist and guide them, by devoting an hour to an estimate 
of our present condition, prospects, and wants. 



GOVERNOR'S ADDRESS. 247 

FINANCES. 

The ordinary expenses of the Commonwcaltli for the year 
ending December 31, 18G1, payable from the ordinary 
revenue, amount so far as no\Y ascertained by the Auditor, 
to 8022,208.08, to which there should be added about 
ilOO,000 more, on account of expenses incurred, of which 
no returns have yet been made, making the total ordinary 
expenses properly belonging to the year about a million 
dollars. And to this is to be added an expenditure of 
$24,3(30.98, incurred in the equipment of troops under the 
provisions of chapter 67 of the Resolves of 1861, by the pro- 
vision of which equipment in advance, our militia regiments 
were somewhat prepared for the prompt movement which 
they made to the defence of Washington in April. 

Tiie total payments for the year, from the treasury, on 
account of ordinary expenses, were •$!l,180,408.69, being in 
part chargeable to liabilities incurred during the former 
year, the expenses properly chargeable to the present year 
being as stated above. The ordinary revenue receipts of 
the treasury, for the year were, in the aggregate, $1,127,- 
166.62, exhibiting when compared with the payments, a 
deficiency of $53,242.07, for which provision needs to be 
made by legislation. 

The following tabular statement exhibits the accounts to 
which the payments of the Treasurer during the year are 
chargeable : — 

Executive Department, Governor and Council, . . §18,210 47 

Secretary's Department, 24,723 55 

Treasurer's Department, 5,823 33 

Auditor's Department, 5,720 98 

Legislative Dei)arUiient, 109,983 07 

Judicial Department, 152,754 00 

Attorney-Cicnl's Department, and for District-Attorneys, 18,127 34 

A-rricultnral Department, 29,287 57 

Sergcant-at-Arms' Department, and State House, . . 12,002 31 

Adjutant-General's Department, Militia, &c., . . . 93,750 08 

Insurance Commission, 5,009 28 

Bank Commission, . 9,813 59 

Charitable Institutions, 289,492 73 

Correctional Institutions, 125,527 70 

rul)lic Buildings, 37,800 00 

Interest, ll(i,l!)2 !)8 

Miscellaneous, 01,587 02 

Total payments, . . . . . . . SJl, 180,408 09 

Total revenue receipts, ...... 1,127,100 02 

Deficit, !$53,242 07 



248 GOVERNOR'S ADDRESS. 

The floating debt of 1300,000 has been funded during the 
year, agreeably to the Act of the last Legislature, thereby 
increasing our permanent liabilities by that amount. They 
have also been increased during the year 1861, on account 
of the Troy and Greenfield R^iilroad, $297,208. 

The total expenditure for military purposes on account of 
the existing war, as authorized by chapter 216 of the Acts 
of 1861, amounts, so far as rendered at the close of business 
in the Auditor's Department, December 31, 1861, to 
$3,384,644.88, classified in the accompanying recapitula- 
tion, — which includes also one warrant drawn on January 
1st, 1862 :— 

Miscellaneous, _ . _ . . . . . . . |2G3,047 47 

Arms and Equipments, including camp equipage, horses, 

harnesses, baggage and ambulance wagons, . . . 1,608,649 94 

Pav, 93,631 38 

Clothing, 1,015,931 49 

Subsistence, . . . . ' 209,489 36 

Transportation, 101,602 26 

Medical and Hospital, 32,292 98 

Total, $3,384,644 88 

Excluding that warrant, the total amount of payments on 
account of military expenses, under chapter 216, was 
$3,343,694.41, and the total amount of receipts on account 
of those expenses has been $987,263.54, which receipts are 
briefly recapitulated in the following table, and have so 
accrued to the treasury that at no time has the net liability 
of the Commonwealth on account of such expenses reached 
$3,000,000:— 

Receipt in cash from the United States of 40 per cent, of 

military expenditures, to close of August, . . . $775,000 00 
Amount returned on account of certain commissary dis- 
bursements, 2,877 39 

Duties refunded on importations of arms, . . . 35,340 00 

Sale of steamer Cambridge, 37,500 00 

Earnings of steamer Cambridge, 20,622 98 

Sale of steamer Pembroke, 24,735 00 

On account of supplies paid for three months troops, . 33,657 26 
Sale of ordnance to State of Maine, .... 21,005 35 
From U. S. Quartermaster-General's, Commissary-Gen- 
eral's, and Ordnance Departments, .... 36,515 56 

Total, $987,263 54 

There is also due to the Commonwealth, on account of 
sales of ordnance and ordnance stores : — 



GOVERNOR'S ADDRESS. 249 

From the State of Obio, $20,127 50 

Fi-om the State of New Hampshire, .... 15,887 75 

From the United States, 7,G11 88 

Total, ai3,657 13 

To wliicli should be added the further sum of $19,950 
due from the United States, but not yet received, for the 
earnings of the steamer Pembroke, which amount was settled 
on conference with the United States Quartermaster-General, 
as that justly due, and of which payment ought immediately 
to be made to the Commonwealth, and is daily exj)ected. 

If we consider as cash this sum of $19,950, and also the 
•$43,657.13 due from Ohio, New Hampshire, and the United 
States, on account of sales of ordnance which they needed 
and we were able to supply, these in addition to the 
$986,263.54 already stated, make an aggregate of 11,050,- 
860.67 of receipts, and deducting that sum -from $3,343,- 
694.41, the amount of the disbursements at the close of the 
year, our net liability, on account of military expenditures 
incurred during the year 1861, under the provisions of chap- 
ter 216 of the Acts of that year, is thus far $2,292,833.74. 

MILITARY. 

For the details of our military conduct and expenditure, 
which are impossible of recital here, I respectfully refer to 
the full report of the Adjutant-General which is already in 
press, attended by those of the Quartermaster-General, the 
Commissary-General, and the Surgeon-General, and the 
report of the Committee of three Councillors whom I 
appointed early in the year to supervise military contracts, 
and by whom nearly all the contracts for Quartermaster's 
supplies were actually made. The uniform of one regiment 
(the 12th, Colonel Webster,) will not be found in the report 
of the Committee ; but it will appear in that of the Quarter- 
master-General, since although it was paid for as a military 
expense of the State, the regiment at its own request selected 
a particular uniform and contractor. Certain items belong- 
ing to bureaus not existing at first, for that reason do not 
appear in their accounts, but elsewhere. Called on from 
time to time, always without premonition, suddenly and 
after we had been discouraged to expect more requisitions — 
it has been impossible to arrange with satisfactory forecast 
a system of operations such as the history of the year, could 
it have been foreseen by all parties, would have called for. 

But, with alacrity and zeal, and with unquestioning 
submission to the wants of the Department of War, and at 



250 GOVERNOR'S ADDRESS. 

its special and repeated requests, we have devoted ourselves 
to raising, recruiting, training, encamping, subsisting, arm- 
ing, equipping and supplying, v/ith all tlie arms, armament 
and warlike munitions, and with the uniforms, camp equip- 
age, and transportation known to the regulations of the army, 
the volunteers demanded of the State. And the endeavor 
has been, so far as it could be done, to conform to such 
regulations. But "we could not avoid adapting military 
movements somewhat to our own militia system, and to the 
opinions and pre-occupations of the people ; else the great 
movement would have been discouraged, and the ranks 
slowly, or never, filled. The State has contributed five 
regiments of infantry, one battery of artillery, and one 
battalion of rifles, of her militia, to the three months service. 
To the three years service she has sent as volunteers, twenty- 
four regiments of infantry, one of cavalry, five batteries of 
artillery, two companies of sharpshooters, and an infantry- 
battalion of five companies. Sis companies more became 
attached to two regiments from the State of New York. 
Besides expenditures on these objects, are the investments 
in purchasing and expenses of running the steamers Cam- 
bridge and Pembroke in the public service. These steamers 
have been sold, and their cost and expenses covered by the 
prices obtained, and by the adjustments made with the Federal 
Government for their services as transports and gunboats. 

By chapter 21 of the Acts passed at the extra session of 
Congress on the 27th of July last, provision was made for 
refunding to the States tlie amounts of their military expen- 
ditures in behalf of the United States ; and it is under this 
Act that we have already been reimbursed to the amount of 
$775,000, and our accounts have been presented to the Fed- 
eral auditors for all the balance to that date. Our subsequent 
military expenditures have been made on consultation with 
and at the request of the Secretary of War, who asked, — to 
use his own language under date of September 5th — our 
" active co-operation in the organization of an army suffi- 
ciently powerful to crush the Southern rebellion and forever 
set at rest the question of secession," and stated that in his 
opinion " the best method " was for us " to proceed with the 
organization of regiments as authorized, the expense of which 
will be paid from time to time by requisitions from you, 
accompanied with proper certificates and original bills." 
By an arrangement which I have effected with the officers 
of the Federal Treasury Department, certified copies of the 
bills are received by them instead of the originals, and our 



GOVKRNOR'S ADDRESS. 251 

full accounts have accordingly been prepared and presented 
for audit up to a recent date. 

There is also included in these expenses the cost of three 
hundred and fifty blankets and suits of clothing sent to 
Richmond for the use of our Massachusetts men there held 
as prisoners of war, and suffering privations both indecent and 
inhuman. The particulars of their necessities were first 
learned through a letter of the Adjutant of the Twentieth 
Regiment, himself one of the prisoners. Without delay I 
caused -these articles to be sent, and am happy to learn by 
information from Colonel William Raymond Lee that they 
have been received. I also established a credit in favor of 
the Adjutant for the use of these captives, to the amount of 
one thousand dollars, for the purpose of affording means to 
procure, if possible, medicines for the sick, and some allevia- 
tions for the feeble, and little stores not easily sent or antici- 
pated. These last acts are not authorized by any law ; save 
by the law written on our hearts ; and they are submitted to 
your generous candor. 

An elaborate report, with tables of the utmost minuteness, 
has been prepared by our present able and indefatigable 
Master of Ordnance, covering all the details of the business, 
property, and expenditure of his bureau. Its expenditures 
have been -^562,488.30— of which 1251,339.96 were paid for 
Enfield rifles, and 123,617.83 for English infantry equip- 
ments. The balance is made up of American infantry equip- 
ments, ordnance, ordnance stores of every description, and 
wagons and caissons for the battery companies, freight, 
repairs, and the like. All regiments, and companies, 
whether of infantry or artillery, both for three months and 
for three years service, furnished by the State to the General 
Government, have, with the exception of one battery, 
received all their armament from the Commonwealth. Tiie 
horse equipments and sabres for the cavalry were received 
from the United States. Of the troops in the three yeai's 
service, fourteen regiments are armed with the Enfield rifled 
musket, four with the Springfield rifled musket, and five 
with the Springfield smooth bored musket. The smooth 
bored with which the loth and 21st regiments were at first 
provided were afterwards replaced by rifled arms. Of the 
JMassachusetts companies at Fortress Monroe, about to be 
reinforced by three companies already organized, and now 
recruited into a regiment (the 29th, making our three years 
infantry regiments twenty-four in number,) one company 
received the Springfield and one the Harper's Ferry rifle, 
and the other companies, the Si)ringficld smootii b()rc,whicli 



252 GOVERNOR'S ADDRESS. 

were exchanged for Springfield rifled arms, taken from our 
third and fourth militia, on leaving the Fortress at the expi- 
ration of their three months' service. Our five companies 
composing the battalion on guard duty at Fort Warren in 
Boston Harbor, are armed with the Springfield smooth bore. 
Our two companies of sharpshooters carry rifles, mostly with 
telescopic sights, specially selected under direction of a 
committee of the Council. 

With the assent of the Executive Council, I assumed the 
responsibility of making, at a critical moment, a loan of two 
thousand Springfield smooth bores, to the loyal authorities 
of Western Virginia, concerning which there is an interest- 
ing correspondence on the files of the Executive Department. 

There is some loss of muskets and more expense for repair 
occasioned by the want of proper handling by inexperienced 
volunteers, drill clubs and militia. And the absence of proper 
accounts in the ordnance office during a portion of the year, 
renders it as yet impossible to trace them. There are now 
in the arsenal, (or out for cleansing or repair,) including all 
descriptions of arm, 5,883 muskets and rifles. Of these 
1,509 are Enfield rifles, and 2,078 Windsor rifles. In addi- 
tion to our original contract for Enfield rifles, reported to 
the Legislature in May, under the advice of experienced 
persons, and in view of the difficulty in commanding suitable 
weapons, I caused, with the consent of the Council, new 
contracts to be made for 5,000 more Enfield rifles, of which 
320 have arrived, and are included in the above enumera- 
tion. It is hoped that recent events may remove tlie British 
interdict against the export of arms and munitions of war, 
and enable us to receive our weapons. But, whether this 
takes place or not, I have earnestly to recommend the 
employment of our own domestic industry, and skill, in the 
production of rifles, by immediate contracts for not less than 
fifteen thousand stand of arms. And I trust Massachusetts 
will never again see the day, while aggression and wars are 
possible misfortunes, when she will be unprepared to put 
into the field, whenever the country calls, at least 25,000 
well trained militia, full-armed for duty. 

THE " TWO YEARS AMENDMENT." 

I respectfully but urgently renew the recommendation, 
that the initiative measures be taken for the repeal of the 
recent constitutional discrimination between citizens of alien 
and those of American birth, familiarly known as " The Two 
Years Amendment." 



GOVERNOR'S ADDRESS. 253 

Engaged shoulder to shoulder in one of the most tremen- 
dous strifes of history, for the maintenance and defence of 
tlie country, to which some of us were born, and which 
others adopted, there is no distinction of duties, there has 
been none of patriotism and loyalty, and there should be 
none of rights between those two classes of citizens, whose 
hearts, torn by a common sorrow, beat responsive to the 
grand appeal of a common duty, and who gladly share a 
common danger, and strive in heroic competition for the 
garlands of glory, due not to the blood they inherit, but to 
the blood they shed and imperil. 

If for any reason, any persons have ever doubted the loy- 
alty or distrusted the patriotism of this class of our citizens, 
let the events of the past year admonish them that such 
doubts and such distrust were not merited, and prompt 
them to concur, cordially and unasked, in the restoration of 
an equal franchise. 

BELIEF TO FAMILIES OF VOLUNTEERS. 

I respectfully recommend that the 222d chapter of the 
Acts of 1861 he so amended as to include in its provisions 
for the aid of the families of " the Volunteer Militia of this 
State," those companies which at an early period in the war, 
impatient of delay, and anxious for service, marched from 
the Commonwealth and became attached to the regiments 
of New York, with whose volunteers they are consequently 
enumerated. Earnest, but unsuccessful efforts have been 
made to transfer them to Massachusetts corps. And I 
cannot doubt that the Legislature will gladly restore to these 
companies, composed of good soldiers, whose behavior lias 
done credit to the State, the benefits of a statute whose 
equity reaches their case. 

I am apprised of certain other bodies of volunteer soldiers, 
who were recruited by irregular means in this State, and a 
part of them assembled at a camp in Lowell, and others at a 
camp in Pittsfield, whose condition, in a similar way, appeals 
to the General Court for consideration. Although they 
were needlessly enlisted and brought together, contrary to 
the orders and directions of the Department of War and the 
authority communicated to the Governor of this State, and 
to general orders promulgated from the Commonwealth 
licad-quarters, issued at a time when we were straining the 
enlistment by raising eight infantry regiments, one cavalry 
regiment, and four artillery batteries at once, besides 
furnishing recruits to older regiments in the field, I am of 



254 GOVERNOR'S ADDRESS. 

opinion that the majority of these soldiers were misled into 
the belief that they were enlisting into regular regiments of 
Massachusetts Volunteers. They have marched, or will 
march, I believe, into actual service, when their conduct 
will doubless entitle them to the honorable and sympathetic 
remembrances accorded by the State to citizens in other 
corps. I respectfully suggest an inquiry into the condition 
of these bodies ; and if no objections shall be found to exist, 
that the provisions of the Act be extended to their families, 
also, without delay. 

I am informed by the Auditor that he cannot state the 
amount of aid given to families of volunteers, which the 
Commonwealth is liable to refund, any further than the sum 
thus expended by the city of Boston, which he reports to be 
$60,000, and he estimates that sum as not likely to be less 
than one-fourth of the total similar disbursement of all the 
cities and towns. It will be necessary for you to make 
special legislative provision for means to refund these dis- 
bursements. 

SERVICE OP PROCESS ON VOLUNTEERS. 

I beg to call to your attention the present condition of the 
laws with regard to the service of process in civil suits, in its 
relation to our volunteer forces. Each of the soldiers and sail- 
ors whom we have contributed to the armies and navies of the 
United States, is liable to be prosecuted to final judgment in 
a suit, the only notice of which to the defendant, may have 
been by leaving a summons at his last and usual place of 
abode. It is, in my opinion, a legislative duty to provide 
further safeguards of notice to these men : and I respectfully 
present the subject for the consideration of the General 
Court, with the suggestion also to consider the expediency 
of providing that certain actions of tort shall not be brought 
against any volunteer, either in the military or naval service 
of the United States, during his absence from the Common- 
wealth on duty, under his present enlistment, and of modify- 
ing the statute of limitations for such cases. 

CONGRESSIONAL DISTRICTS. 

It will be necessary for additional legislation to be had 
relative to the election of representatives in Congress. By 
the result of the last national census, it appears that for the 
next decennial period this Commonwealth will be entitled 
to but ten members of the lower House, losing one member 
from its present proportion. To this inevitable result of the 



GOVERNOR'S ADDRESS. 255 

increase of the great Western States in population, Massa- 
chusetts yields a cheerful acquiescence. She recognized 
from the beginning, that her narrow limits and less fertile 
soil would prevent successful competition with her younger 
sisters in the great race for material strength ; but she still 
trusts to the intelligence and enterprise of her people to 
retain that degree of political power, which once she wielded 
by right also of predominance of population. 

I respectfully suggest the expediency of no longer insist- 
ing by -statute that each representative in Congress shall be 
an inhabitant of the District from which he is elected. This 
is simply a restriction upon tlie freedom of choice to be 
exercised by the various constituencies, who ought all to be 
treated by the law of Massachusetts as capable of selecting 
from among the citizens of the Commonwealth their best 
representatives. Our limited territory, and the homogeneous 
character and interests of our people, their intimacy of 
relations, their nearness to each other by means of their 
network of railways, tiie numbers whose legal habitations 
are in a town or city, while their daily business is from five 
to fifty or more miles remote therefrom, all tend to render 
it desirable that each constituency shall be unfettered in its 
freedom to select the wisest and ablest citizen at its com- 
mand to sit in the National Council, especially in this grave 
emergency of our public affairs. 

And the law, as it stands, is subject to the grave objection 
of unconstitutionality. The eligibility of a person to an 
office must be determined by tlie constitution or the law 
under which the office was created, and by which its juris- 
diction and functions are prescribed. The office of repre- 
sentative in Congress is created by the constitution of the 
United States, by which also its powers, duties and incidents 
are determined. And the constitution fixes the conditions 
of eligibility by requiring that " No person shall be a repre- 
sentative who shall not have attained the age of twenty-five 
years, and been seven years a citizen of the United States, 
and who shall not, when elected, be an inhabitant of that 
State in which he shall be chosen." The question of the 
right of a State to add new conditions to those of the con- 
stitution, was exainincd in the thirty-fourth Congress by 
both houses, in the exercise of their respective powers to 
judge of the elections and qualifications of their own mem- 
bers. It was elaborately discussed and with great ability, 
and was settled in the negative by both houses, by decisive 
majorities ; and a senator and a representative whose elections 
were contested on the ground that they were incligil)le l)y 



256 GOVERNOR'S ADDRESS. 

the constitution of the State from which they were elected, 
though not so by the constitution of the United States, 
retained their seats. Conspicuous instances have occurred 
in which members of Congress have served without objection, 
notwithstanding limitations of State law. It seems, there- 
fore, well settled both by precedent and principle, that a 
. State has no power to fix or define the qualifications of a 
senator or a representative in the Congress of the Union. 

DIRECT NATIONAL TAX. 

By the Act of Congress of August fifth, in the past year, 
a direct annual tax of $20,000,000 was laid upon the United 
States, to be assessed upon. " the value of all lands and lots 
of ground, with their improvements and dwelling-houses." 
The proportion assigned to Massachusetts, of this tax, is 
<|824,581.33. By the same Act it is provided that any State 
may assume and collect its quota, and pay the same into 
the National Treasury, it being lawful to use for this purpose 
the last or any subsequent valuation list made by authority 
of such State, for purposes of its own taxation ; and that 
any State which shall, on or before the second Tuesday of 
February of each year, give notice through its governor or 
other proper officer, to the secretary of the Federal Treasury, 
of its intention so to assume, collect, and pay its quota, 
shall, by way of compensation for the expenses of collection, 
be entitled to a deduction of fifteen per cent., according to 
the amount paid by it into the Federal Treasury " on or 
before the last day of June in the year to which such pay- 
ment relates," " such year being regarded as commencing 
on the first day of April." Under date of November 29th 
last, a communication was addressed to me by the Secretary 
of the Treasury, making inquiry " whether the authorities 
of Massachusetts will assume and pay the amount of direct 
tax apportioned to that State by the existing law, and also 
.whether in case of any change in the law, by which a differ- 
ent and perhaps larger amount shall be apportioned to the 
State, the authorities will probably assume and pay it." To 
this communication I had the honor to reply, giving personal 
assurances in the affirmative ; and I noiv respectfully refer 
the subject to the immediate attention of the General Court, 
with the recommendation that at the earliest day I may be 
empowered officially to notify the Secretary of the intention 
of Massachusetts to assume the collection of her quota of 
this tax for the present year, and that tlie necessary legis- 



GOVERNOR'S ADDRESS. 257 

latioii may immediately be had for the purposes of such 
collection. 

It is true that it may be said that the Act provides that 
the quota of any State may be satisfied in whole or in part 
by the release by such State of any liquidated claim against 
the United States, of equal amount, and that Massachusetts 
has claims against the United States, far exceeding her 
total quota, which claims will probably become liquidated 
before such quota becomes due. The release of a suitable 
portion: of these claims may afford a convenient method of 
insuring payment in season to secure to us the full deduc- 
tion of fifteen per cent. ; but in this instance it is quastion- 
able whether we should rely upon the offset of such 
liquidated claims to relieve ourselves from the immediate 
collection of this tax, for the principle upon which the 
State bonds were issued, ou which bonds the money was 
raised, the expenditure of which on service of the United 
States constitutes the basis of such claims, was that all scrip 
or certificates of debt received in payment, should constitute 
a sinking fund for the redemption of the bonds so issued. 
As the annual tax of ^20,000,000 on the States is a con- 
tinuing imposition, not being limited by law to the present 
year, but being intended as a continuing source of revenue 
to the Federal Government, it is as well that we should 
assume and realize its burden at once, instead of shifting 
this single year's proportion of it to another generation. 

If the Commonwealth should see fit to assume the direct 
tax, and to pay it, (at the commutation allowed by Congress 
to the States,) the land and real estate of the people, as I 
understand the Act of Congress, will then and thereby be 
relieved. The payment will have been made out of its own 
Treasury ; and if the State should have a sufHicient surplus 
of funds, it might never be levied upon the people. Or, if 
otherwise, it would doubtless be competent for the State — 
being authorized by the law " to assess, collect and pay " 
the direct tax " in its own way and manner," " and to use 
for this purpose" " any valuation list" last made, " for the 
purpose of State taxation," — to assess and collect the money 
iu any Avay known to its own financial system. Thus ^las- 
sachusctts might assess whatever sum it might need therefor, 
on all property usually assessed in State taxation, and thus 
distribute the burden more equally. 

40 



258 GOVERNOR'S ADDRESS. 

INTEREST OF MONEY. 

Thoroughly convinced that the people of this Common- 
wealth are competent to make their own contracts without 
the guardianship of the State, I urge upon you a modifica- 
tion of the usury laws. The evils of our present system 
are of the most serious character. An immense amount of 
capital is yearly sent to other States for investment where 
higher interest is allowed, while our citizens are daily induced 
to violate laws which they cannot respect. Thus in an inef- 
fectual endeavor to protect men in making their contracts, 
we lose our capital, cripple our business, teach the people 
to be* cunning and dishonest, and bring the laws of the State 
into contempt. That six per cent, is the exact value of 
money no one will pretend, while the National Government 
pays seven and three-tenths for it, and the market rate 
varies from three to twenty-four per cent, according to the 
demand. The present laws bear severely upon borrowers, 
for the lenders cliarge for the risk they run in violating the 
law. It would be wiser to legislate capital into our own 
borders, allow men to make their own bargains, provided 
they act honestly, and to encourage direct and open-handed 
action, by laws commanding respect. 



The report of the Bank Commissioners will exhibit the 
condition of the banks of the Commonwealth. I renew my 
suggestions of last year that a conservative course of legis- 
lation is best for our banking system, and that radical 
changes sliould be adopted with caution, and not without 
mature consideration. I commend to your attention the 
able report of the Commissioners, and especially its sugges- 
tions in regard to institutions for savings. Their history, 
and a mass of instructive statistics, are comprised in the 
report. The facts stated, strikingly illustrate the industrial 
power and thrift of our people. And the wisdom which 
began these institutions for the benefit of those desiring to 
invest and accumulate their small savings, will, I doubt not, 
watch over them, regulate their management, and make 
them an element of abiding strength in the State. 

A bill reported by the Committee on Banks and Banking, 
at a late hour in the regular session of last year, " to author- 
ize towns and cities to receive and invest savings," was, at 
the request of the Committee, printed and referred to the 
present General Court. The scheme is explained and elo- 
quently enforced in the Sixth Annual Report of the Insurance 



GOVERNOR'S ADDRESS. 259 

Commissioners on Loan Fund Associations, prepared for 
the present Legislature. 

The recommendations emanating from the Secretary of 
the United States Treasury, involving a general scheme for 
a national currency of Treasury scrip, or notes taking the 
place of the issues of the banks incorporated by the States, 
demand the attentive and critical examination of all persons 
concerned in finance. 

The adoption of an exclusive national currency, having 
many -apparent advantages, would probably involve an 
important change in the revenues of this Commonwealth by 
necessitating a repeal of the bank tax from which so large 
a part of it is derived. And it may be questioned how far, 
at the present moment, the banks of the northern Atlantic 
cities will deem it reasonably practicable to carry the heavy 
loans with which they accommodate the Government of the 
Union, and in addition thereto, to retire their own circula- 
tion, receiving from the Federal Government its own notes 
for a new medium of circulation, for which, of course, they 
must pledge adequate security. 

The argument upon a subject covering so many intricate 
questions of a practical science so abstruse, and as a science 
so incomplete, as that of banking, could not be fitly treated 
on an occasion like this. Nor can 1 avoid the confession 
that as yet I do not perceive the way open to a clearly satis- 
factory opinion in regard to it. But, since the share this 
Legislature may have, if it chooses, in educating the public 
opinion, and assisting the judgment of Congress, is not in- 
considerable, I take the liberty of bringing it prominently 
before the mind of the General Court. 

THE TROY AND GREENFIELD RAILROAD. 

By chapter 202 of the Acts of 1860, the Commonwealth 
appropriated " a loan of the State credit, to enable the Troy 
and Greenfield Railroad Company to construct the lloosac 
Tunnel." In this Act, of the -^2,000,000 loan, $050,000 is 
appropriated to the completion of the railroad east of the 
mountain. The State docs not undertake to build this rail- 
road, nor to determine the precise manner in which it shall 
be constructed. The only specific thing required by the law 
is, that " the rails shall weigh not less than fifty-six pounds 
to the lineal yard." And the provision is in general terms, 
that " no expenditures shall be required merely for the pur- 
poses of ornament, but the work shall be substantially per- 
formed:'' The |G50,000 is to be loaned towards " the whole 



260 GOVERNOR'S ADDRESS. 

of the graduation, masonry, bridging and superstructure of 
the unfinished portion of the road east of the Tunnel." 
And the scrip is to " be delivered on the road, in the pro- 
portion the value of the work done, bears to the estimated 
cost of the whole work and materials required on the por- 
tion of the road aforesaid." The issue of scrip is made 
dependent on the certificate of the State Engineer, who 
" shall monthly, immediately after the first day of each 
month, estimate the proportion which the work done upon 
the road since the preceding estimate, bears to the whole of 
the work required to be done in the graduation, masonry, 
bridging, and superstructure of said railroad east of the 
Hoosac Tunnel." It becomes, therefore, the duty of the 
engineer to make the following inquiries, monthly, viz. : — 

How much work remains to be done and material to 
be furnished in order to complete this piece of road in a 
substantial manner ? 

How much has been done during the last month for which 
I am now making an estimate ? 

How much of the State loan of 1:650,000 remains to be 
advanced ? 

A proportion stated on these principles will ascertain the 
amount of the monthly issue for which the Engineer is to 
make his certificate. 

Of this whole amount ($650,000) 1455,235.92 has been 
advanced, leaving $194,764.08. In the month of July last 
the contractors on the road suspended work, and have not 
resumed it ; so that no issue since that made on the certifi- 
cate of July, has been required. This suspension was in 
consequence of the dissatisfaction of the contractors with 
the finding of the Engineer, by which he estimated the cost 
of finishing the road in a substantial manner, at a sum 
larger than that of the previous Engineer. He included 
therein the sum of $97,035 for finishing the bridges, taking 
out slopes which he found too steep, filling up trestle-work, 
■ protecting the banks from the rivers, &c. ; which had not 
been previously included in the estimate. I do not under- 
stand that any question was made as to the correctness of 
this estimate in its amount ; but it was denied that these 
items should have been reckoned into the account at all. It 
was contended that the road could be put into running order 
and would be run a long time before this work would need 
to be done : and that economy required the early running 
of the road, after which, from the earnings of the road 
these things could be done and paid for. Whether this was 
true or not, was not deemed to be a question for the State 



GOVERNOR'S ADDRESS. 261 

authorities ; while it was a very proper one for a railroad 
company, constructing its road, and having the means to 
huild its stations, and to buy its rolling stock, equipments, 
&:c. But, if the work in question was necessary to the com- 
pletion of the road in a substantial manner, it was not seen 
how the State scrip could be issued upon any expectation of 
what might be done in the future, but only on the fact 
of what had been done already. It was the duty of the 
Engineer to require the road to be ordinarily well built, 
according to tlie existing standard of good work in similar 
locations, constructed by competent engineers at the present 
day. And the governor had no right to issue scrip without 
the Engineer's certificate. Tiie opinions of the Engineer 
being called in question, it was deemed proper to subject 
them to careful examination ; since if he was found to be 
mistaken, and unwilling to correct them, another Engineer 
could be appointed in his stead. To my 'own mind the 
questions were entirely new. They pertained to the science 
of civil engineering applied to the construction of rail- 
ways ; — and could be best answered by those skilled and 
practiced in that knowledge. Accordingly, a large number 
of experienced and skilful railway engineers, managers, and 
experts, were summoned by the Governor and Council, 
examined by them, and by the present State Engineer and 
his predecessor. Their testimony confirmed the opinion of 
the State Engineer. The testimony and the decision given 
by the Governor, both phonographically reported and in 
print, I have the honor to lay before the General Court, with 
a similar report of a prior investigation before a committee 
of three members of the Council. 

No question arose relating to the tunnel, but the work 
upon the tunnel, as well as upon the road east of it, was 
discontinued by the contractors. It is proper to observe 
that if the decision of the Governor is subject to any criti- 
cism, it must be borne by him alone, since no question was 
reached proper to be submitted to a vote of the Council. 

A large quantity of railway iron included by the Engineer 
in his estimate, and therefore covered by the scrip issued on 
his certificate of June last, it is now alleged had not been 
delivered to the comi)any ; and it is now claimed by carriers, 
under their lien for freight, and is under attachment in three 
suits for its purchase money. The suits are pending, and 
the interests of the Commonwealth arc under the care of 
the Attorney-General. 

I regretted encountering any questions connected with 
this subject. It has involved a great deal of interest and 



262 GOVERNOR'S ADDRESS. 

feeling, and has largely entered into the legislation and 
somewhat into the politics of the State. Tlie question which 
in fact arose, however, was eminently and simply a practical 
one ; and it was necessary to be governed by the law as the 
legislature had made it, and by the facts as tliey were found 
to exist. The subject is now before the General Court, 
where the law will receive alteration if it is found to require 
any. The suspension of the work on the railway, it is 
thought by many, will cause injury to the road, by means of 
the action of the frost and freshets, while it remains incom- 
plete. This point will require your early attention. As 
the law now stands, the State autiiorities cannot interfere ; 
and I understand the railway company does not. 

It becomes important for the General Court to decide 
what measures, if any, arc necessary to protect the interests 
of the Commonwealth in a public work to which it has 
already loaned its scrip to the amount of $725,388.88, and 
has paid, up to October, 1861, interest to the amount of 
$18,093.34. The grand enterprise of tunnelling the moun- 
tain must either be abandoned or suspended, or the Com- 
monwealth must take the business in hand, and adopting a 
policy at once simple, plain, effectual, and decisive, put it 
beyond such contingencies, and ensure both economy and 
success. 

For the present condition of the road and tunnel, and the 
progress of the work, or both, I refer the General Court to 
a recent communication from the State Engineer, which 
contains the most authentic and compact statement in my 
power to impart. 

The following table exhibits the amounts of State scrip 
loaned to the road from the time of the first issue, of which 
amount it will be observed that more than $250,000 has 
been advanced during the last year. 

Sterling Scrip issued : — 



Oct. 


6, 1858, 51 


Certificates, 1—51, 


£22,500 


Oct. 


4, 1859, 26 


a 


52—77, 


11,200 


Jan. 


3, 1860, 25 


" 


78-102, 


11,300 


Mar. 


1, 1860, 16 


« 


103-118, 


6,800 


Oct. 


8, 1860, 36 


(( 


119-154, 


18,000 


Dec. 


12, 1860, 53 


(( 


155-207, 


26,500 


Jan. 


5, 1861, 15 


(( 


208-222, 


7,500 


Feb. 


18, 1861, 14 


« 


223-236, 


.5,800 


Mar. 


7, 1861, 11 
At par, 




237-247, 


4,900 

£114,500 

$508,888 



GOVERNOR'S ADDRESS. 263 

Federal Money Scrip issued : — 

May 8, 18G1, 27 Certificates, 1—27, . . $85,500 00 

June 27, ISGl, 75 " 28-102, . . 37,500 00 

July 12, 18G1, 91 " 103-196, . . 93,500 00 

•^ $216,500 00 

$725,388 88 

And in addition to this sum, is to be computed also scrip 
to the amount of $200,000, issued on May 4th, 1860, to the 
ovvnei's of the Southern Vermont Railroad for the purchase 
of the road. 

HARBORS AND FLATS. 

I had the honor, in addressing the General Court of 1861, 
to allude to the duty of watchfully guarding the Harbor of 
Boston against injury by encroacliments, or by misuse of its 
flats and misdirection of its water. And I desire, at this 
time, in a more empliatic and direct manner, to invoke tlie 
attention of the Legislature to the subject of the ffreserva- 
tion and improvement not only of the harbgr of Boston, but 
of all the harbors of the Commonwealth. 

The proprietary rights of the Commonwealth in the soil 
of tlie sea lying within its dominion, limited only by the 
Colonial ordinance of 1647, — imparting the right to the 
shore owners to extend one hundred rods, or to the chan- 
nel, — is clear. Its title is that by virtue of which it owns 
all the lands within its bounds, whether under water, or 
above water, not granted away. The Legislature has the 
full title and the full power to control tiiis property. The 
right to dis})ose of all flats thus belonging to the Common- 
wealth, is vested in the Legislature. The Commonwealth 
may, by the acts and at the discretion of the Legislature, 
cause or permit them to be excavated, or embanked, or 
otherwise disposed of. It may grant and convey them to 
others, limited, whether as to time, person, quantity, reason 
or consideration pecuniary or otherwise, only by its sense 
and judgment of the public welfare, in the exercise of its 
own sound, constitutional discretion. But, while I perceive 
no limit to the power of the Legislature to manage and dis- 
pose of these public lands, as well as any other public pro- 
perty, save that prescribed by its own judgment and discre- 
tion, — nevertheless, the preservation of all our harl)ors is a 
public trust of such peremptory necessity and sucli innnca- 
surablc importance, not merely to the seaport towns, but to 
the convenience, happiness, and prosperity of all the people, 
and the wealth and growlb of every town and section, inland 



264 GOVERNOR'S ADDRESS. 

as well as seaboard, — that this paramount obligation should 
always be first regarded in the disposition and management 
of the flats, especially when it is considered that the inter- 
ests of private individuals lead to continued encroachments 
on the tide-water. 

I respectfully suggest to the General Court the considera- 
tion of some general and systematic provision for the 
protection and preservation of all the proprietary rights of 
the Commonwealth in flats, or lands under the sea ; and also 
the establishment of a careful, scientific and economical 
system for regulating the disposition of any such property 
whether by the extension of private wharves or otherwise, 
so as to avoid dangerous invasion of public interests by 
encroachment, and trespasses, and inadvertent grants ; and 
also for surveying such flats, and offering them for sale, 
where it is proper to sell them, under appropriate restrictions 
and conditions ; and providing also for the building of wet 
docks, and the making of other important harbor improve- 
mentSj-jpto which purposes the net proceeds realized by the 
Commonwealth from the sales of such flats and lands should 
be dedicated. * 

In these suggestions, I do but repeat the ideas, opinions, 
warnings, and advice of many most eminent jurists, civil 
engineers, and far-sighted citizens, who have heretofore 
reported to the Legislature, in the capacity of commissioners 
of the Commonwealth and of committees of the General 
Court. 

Nothing should be omitted to give unity and simplicity of 
plan and direction, to any interest of which the Common- 
wealth has the proper oversight. And in all that it does, it 
ought to study the resources of the wealth and power of the 
people, and the method of their best development, keeping 
in constant view, both the individual welfare of the citizen, 
and the strength, influence and renown of the State. 

PUBLIC INSTITUTIONS. 

The number of inmates of the various penal, reformatory, 
sanitary and eleemosynary Institutions, under the manage- 
ment of the Commonwealth, at the present time, is four 
thousand five hundred and thirty-two. The annual cost of 
their support to the State is more than $400,000, exclusive 
of the interest upon personal and real estate in occupancy, 
which is estimated to have cost at least 1800,000. The 
number of ofiicials attached to these institutions is not far 
from three hundred, to whom there is paid annually in 



GOVERNOR'S ADDRESS. 265 

salaries the sum of $75,000, in addition to board. There 
are also fifty-one inspectors and trnstees, to whom is 
annually paid, in addition to contingent expenses and travel, 
the sum of seven thousand dollars. Thus it appears that 
an average of one official is employed for the care of every 
fifteen inmates, and one inspector for every ninety persons. 

Excluding the cost of the support of the inmates of the 
State Prison, which institution is self-supporting, it follows 
that the average cost of maintaining the remaining number, 
is about one hundred dollars per annum, or two dollars a 
week, for each inmate. 

The State Prison, with five hundred and fifty inmates, is 
in good condition, and its affairs are well managed. Its 
whole expenditure during the past year has been defrayed 
by the labor of the convicts. 

The State Reform School, at Westborough, now numbers 
two hundred and sixty inmates, supported during the past 
year by an outlay of .147,684, of which $10,068 is charged 
for salaries. The boys are employed in the work of the 
farm and the house, and in the manufacture of chairs and 
shoes. They appear to be healthy, contented, and cheerful, 
and the duties of the superintendent who was appointed at , 
the commencement of the last year, have been discharged 
so as to show a manifest improvement in the discipline and 
management of the Institution. I commend to your con- 
sideration the report of the superintendent, and especially 
his suggestion as to the obstacles in the way of making the 
Institution productive of the highest good, where young and 
comparatively guiltless youth are necessarily exposed to the 
contagion of evil example from those older and more reck- 
less in crime. 

The Reform School Ship, with its one hundred and fifteen 
boys, mostly from the Westborough Reform School, has, 
during the past year, developed the wisdom of the experiment, 
and I trust that further experience will confirm the entire 
practical)ility and usefulness of this novel method of rescuing 
the waifs of human society from the vortex of crime and 
dissipation to which they are exposed, and placing them at 
once in the track of usefulness and honor. 

Tlie number of patients at the Institution for the Insane 
at Worcester is three hundred and thirty-one, at Taunton 
four hundred and twenty-eight, and at Northampton three 
hundred and fifteen, — in all one thousand and seventy-four; 
and the aggregate cost of their support is $180,000. At 
Taunton the number of patients is greatly in excess of proper 
accommodations, and it is found necessary to al)andon in 

41 



266 GOVERNOR'S ADDRESS. 

great measure that 'appropriate classification * on which 
improvement and cure so essentially depend. 

The three almshouses and the hospital at Rainsford Island 
contain at present two thousand three hundred and thirty- 
nine inmates, and these institutions are supported at a cost 
of $150,000 annually. 

At Monson, on the day of a recent visit, there were six 
hundred and forty inmates, of whom four hundred and 
fifty-seven were children under fifteen years of age. Of this 
latter class, one hundred and sixty had been recently 
transferred from the almshouses at Tevvksbury and Bridge- 
water ; which removal had involved, in many cases, a 
separation of families painful to contemplate. The alleged 
reason for such transfer, which has been customary since 
the Monson Almshouse was erected, is the better or more 
convenient educational facilities provided at the Monson 
institution ; but whatever may be the reason, the fact itself 
suggests to every thoughtful mind, that such a system, based 
upon the severance of so many domestic ties, must be 
radically wrong, not only in the present, but in its future 
results upon old and young alike. 

By a communication which I herewith transmit, addressed 
to me by the foreman of a recent grand jury in Middlesex 
County, you will perceive that a presentment has been made 
of the Almshouse at Tewksbury for insecurity in its con- 
struction and arrangement, and I commend the subject to 
your attention. 

The Rainsford Island Hospital seems to be under good 
management, but its benefits are almost exclusively enjoyed 
by the city of Boston. The Commonwealth has already, 
expended more than $60,000 on the buildings connected 
with the institution, while its title to the land is believed to 
be not fully established. 

The Industrial School for Girls, at Lancaster, the most 
recent of our reformatory institutions, has not reached that 
period in its history which would justify the statement that 
the experiment of its establishment is a success. But it is 
one of the most interesting of all our charities. The annual 
expenses of the institution are about $12,000. The number 
of inmates at present is one hundred and fifty, who are 
divided into five families, each occupying a separate building 
under the immediate charge of a matron and assistant, and 
the whole establishment is under the control and direction 
of a superintendent. 

Some persons experienced in the conduct of reformatory 
institutions for the male sex, have distrusted the success of 



GOVERNOR'S ADDRESS, 2G7 

this institution, in accomplishing the purpose for which it 
was designed. Present circumstances are certainly favorable 
for a fair test of the question, but in the absence of prece- 
dents, and examples for comparison, time alone must deter- 
mine. I believe it is capable of great results ; that the family 
system there adopted is correct in principle ; and that its 
reforming power has already been manifested. 

The bounty of the State, which appropriates 810,000 
annually for the education and support of the deaf mutes 
of this Commonwealth, was shared, the past year, by al)Out 
eighty children of this unfortunate class. They are well 
and wisely cared for, and in addition to the rudiments of a 
common school education, both males and females are grad- 
uated with a knowledge of some useful trade or handicraft, 
by which to gain an honest livelihood. 

The number of inmates of the Institution for the Blind 
averages from one hundred and ten to o'ne hundred and 
twenty, of whom from seventy to eighty are placed there by 
the authorities of the Commonwealth, as a public charge. 
The policy of the Institution is to receive all proper appli- 
cants, train them for some occupation, and then find them 
opportunity to use profitably whatever skill they may have 
acquired. About twenty-five blind adults are, on the aver- 
age, employed at the Institution, on wages. Many others 
are established in country towns, earning a living by some 
handicraft. Very many become teachers of music. And 
even such as are returned to their families, and not sent into 
the world for a livelihood, are not only more cultivated, 
mentally, than they would have been without the training 
they received there, but more active, also, and industrious. 
The general effect of the Institution, especially by the 
sending into the community of so many blind persons 
trained to work, is to stimulate all the blind, and lift them 
out of the class of the idle and unprofitable ; and its exami)le 
has done much to encourage similar undertakings in other 
States and countries. 

At the Institution for Idiots, the average number is about 
eighty, and of these, Massachusetts furnishes about fifty, all 
of them indigent. To some persons, misled by the name of 
school^ the results of the Institution may not correspond 
with tlieir unreasonable expectations that idiots, as a class, 
can by any process of discipline, be transformed into persons 
of average or superior intelligence. But the general effect 
of the Institution is really gratifying. All its inmates are 
bettered in some way ; a few are kept from sinking into the 
class of idiots for life, for whom such a fate would otherwise 



268 GOVERNOR'S ADDRESS. 

have been inevitable ; and the results of culture and 
instruction are the same here as elsewhere, though from the 
nature of the material they are less obvious ; the trained 
and cultivated idiot is quiet, docile, and industrious, while 
the idiot who is neglected, tends surely to brutishness. 
Industrious habits are enforced as the desirable object, rather 
than skill in school exercises. Trades have been introduced. 
Many girls are prepared for a considerable degree of useful- 
ness, as housemaids, most of whom would certainly have 
been degraded and ruined if left outside the Institution, of 
which certainty the condition of idiot women in the State 
almshouses affords an illustration ; several boys and girls 
have made such progress, that they are now capable of being 
useful in farm labor or domestic work, if proper families 
could be found in which they could be placed ; and generally 
society has been bettered by this Institution, for it withdraws 
from the community the presence of many, who, being 
themselves abandoned and brutalized, would otherwise, by 
an invariable law of nature, have tended to demoralize 
society around them. 

To these institutions and the support of the inmates, for 
which the people without regret devote nearly half a million 
of dollars annually, must be added, in the category of penal 
establishments, the several houses of correction. These, 
however, are supported and controlled by the counties. But 
it is a consideration I cannot avoid mentioning, that, while 
a person for the same offence may, in a large number of 
cases, be sentenced in the discretion of the courts to the 
State Prison, or to a house of correction or a jail, he will 
only in the first alternative be subject to a prison discipline 
of which the State under whose laws he is condemned, 
maintains the oversight. Thus prison discipline as a science, 
gains nothing from all the mass of experience of which these 
prisons are the repositories, nor does any thing learned at 
one of them, accrue to the benefit of the others. 

I had proposed, in assuming these official duties for the 
first time, to devote myself to careful observation of our 
system of managing and dealing with the various excep- 
tional classes, whether of crime, poverty, or misfortune. 
But I have not been able to do so. Commanding duties 
have left time only for the most superficial examination, and 
for but little and rude reflection. 

I am satisfied, however, that with all the good these insti- 
tutions accomplish, and all the suffering and evil they 
prevent, they will require in the future a more systematic 
control. The annual visits of the governor and council 



GOVERNOR'S ADDRESS. 269 

are of but slight advantage. They give, and can give, no 
intelligent direction. Tiicy can only help prevent or cure 
flagrant abuses. But wliere is the intelligent, educated body 
of experts and learned j)hilanthropists and practical thinkers, 
to supervise this mass of human nature, in which the laws 
of either physical or moral being, or of social order, are 
broken, or awry? Who is there to analyze and sift out the 
knowledge that lies buried in the mass of statistics which 
cont#in the dry bones of each year's history ? Wiio knows, 
beyond a certain range, whether the administratioa of all 
these institutions is really going right or wrong, — having 
reference to the advancement of society, and the real good 
of its unfortunate members ? 

There ought to be some person or board, whose business 
it should be to observe carefully, constantly, critically, with 
heart, mind, and eye ; to compare from year to year what is 
done here and what is done elsewhere ; to think out, and 
write out the scientific and practical directions of this com 
parative observation and experience, for the consideration 
of the people and the government. 

I do not speak in the spirit of criticism, but simply of 
conservatism. I believe in knowledge and its uses ; and 
that it does not come by accident or neglect. These public 
institutions, are, so far as I have been able to observe, better 
than I had supposed. We are fortunate in those who pre- 
side over them, and I cannot too thankfully applaud the 
wisdom and humanity which especially distinguish the 
administration of our retreats for the Insane. Tiiere, as in 
the School for the instruction of Idiots at South Boston, 
which is patronized by tlie State, we fnid the fruits of 
patience, learning, and humanity; and the saddest inflictions 
endured by our poor human nature, we see alleviated by 
the wise and kind intelligence of the " leech," who has 
learned the art, by which he can 

" minister to a mind diseased, 
Phick from the memory a rooted sorrow, 
Raze out the written troubles of the brain." 

I am obliged, however, to confess that the statutes of the 
Commonwealth regarding the Insane, and the legal pro- 
ceedings to be had for inquiring into and adjudicating upon 
cases of insanity, and regulating admissions into the State 
hospitals, and concerning insane prisoners, are defective by 
reason of incompleteness, inconsistencies, and contradictions, 
and need thorough redrafting, simplification, abridgment, and 
alteration, without which they must remain behind both the 



270 GOVERNOR'S ADDRESS. 

humanity and the intelligence of the age. In revising the 
General Statutes these laws, passed at different times, with 
different purposes, and without systematic method, were 
brought together, but were not amended. The business of 
the revision was not thought to include that of amending, 
but simply of arranging the statutes as they were found ; 
and therefore in this instance the revision serves to make 
more apparent the need of new legislation. 

% 

CRIMINAL COSTS AND PROCEDURE. 

The subject of criminal costs, which has recently attracted 
especial attention, still challenges our care. They are still 
excessive, owing, in part, to the fact of the freedom with 
which prosecutions of no public utility may be promoted, 
and in part to the character of criminal proceedings. The 
payment of trial justices by salary, requiring all their fees 
to be paid into the public treasury, the bringing the subject 
home more nearly to the people, by charging the costs of 
prosecuting minor offences upon the towns instead of the 
counties, and practicing greater care in the creation of new 
and artificial offences, somewhat abundant in modern legis- 
lation, would all tend to diminish costs by limiting prose- 
cutions. And a reform in our criminal pleadings and 
procedure might well be inaugurated, which, by simplifying 
the pleadings, reducing the opportunities to criminals of 
escape through technical and formal accidents, and discour- 
aging frivolous exceptions, would prevent mistakes, expedite 
judgments, and promote justice. It would be interesting, 
and if time would permit me, it would be instructive, to 
expose some of the peculiar infelicities of the ancient 
methods of criminal pleading ; from which the statute com- 
monly known as " Lord Campbell's Act," — since substantially 
adopted in Pennsylvania, and some of the provisions of 
which were anticipated here — extricated the English prac- 
tice some ten years ago. These illustrations, however, 
would readily occur to an intelligent committee in exploring 
our system and its operation. I respectfully recommend 
the investigation, with the single remark that many of the 
decisions, which, passing into precedents, have controlled 
the judicial mind, seem to mark the struggles of humanity 
in the hearts of the judges to escape the consequences of 
cruel and sanguinary penal laws. What society needs is 
parental and not tyrannical government, — firm, serene, and 
just, executing Judgment without long delays, and with no 
uncertain aim, with penalties merciful and proportionate. 



GOVERNOR'S ADDRESS. 271 

THE DEATH PENALTY. 

I deplore the presence of the penalty of death still lin- 
gering- on the statute-book of Massachusetts. Gradually 
receding in civilized legislation, as needless and dangerous, 
corrupting to some persons, and shocking to others, years of 
study and reflection confirm the opinion that it must cer- 
tainly disappear from the category of penalties inflicted by 
the best ordered and most refined commonwealths. A 
natural method to the wild justice of the ruder forms and 
stages of society, — a hard necessity sometimes in the code 
of war, — it erects the gallows in a community like ours, 
only as a horrid spectacle, scaring the imagination and 
haunting the dreams of the sensitive ; an intrusive reminis- 
cence of more barbarous times ; while it suggests to the 
hardened in crime only another disease, by which nature 
may one day pay its inevitable debt to mortality. 

EDUCATION AND SCHOOLS. 

In casting our eyes over the resources, the industry, and 
the institutions of the State, we are struck by the idea of 
permanence, intelligence, and power they, in their combina- 
tion, suggest. Nor is there any circumstance more worthy 
our admiration than the sturdy and triumphant will, with 
which, in spite of all the distractions of extraordinary 
military necessities, the people and their children stand by 
their schools, colleges, and all the instrumentalities of 
learning. In Massachusetts I am advised that the Teachers' , 
Institutes were never better attended ; that the interest in 
our conunon schools was never more genuine ; and this 
is true also of other States whose people, like our own, have 
been most ready to meet the calls of war. 

Let us never forget our nurseries of learning, the strength, 
the solace, the inspiration of a people. Rich with the spoils 
of tliought, great in ideas, powerful by the possession of 
knowledge, and the education of the mind, happy in the 
possession of fields no enemy can dispute, and treasures no 
ravage can destroy — such a people, in the fear of God and 
the love of man, are immortal as the nature they inherit, 
and grand as their destiny. 

THE NORMAL SCHOOLS. 

The annual appropriation for our four Normal Schools, of 
$^14,500, is found inade(iuate for their actual wants. The 
school fund is increased already by more than fifty thousand 
dollars, from proceeds of the liack Bay lands, one-half of 



272 GOVERNOR'S ADDRESS. 

the income of which, or 'f 1,500, if appropriated to these 
schools, would relieve their wants, and it is, with the con- 
currence of the Secretary of the Board of Education, 
respectfully recommended to be done. 

MARRIAGE AND DIVORCE. 

I desii^e most respectfully to renew a recommendation 
which I had the honor to make to the Legislature of the 
past year, for such a modification of our laws touching 
marriage and divorce as shall lodge in some tribunal, the 
power to mitigate the penalty of celibacy as a consequence 
of divorce, whatever may have been the cause of the disso- 
lution of the marriage. This penalty is inflicted under 
certain circumstances as a consequence of a civil adjudica- 
tion, in which the rules of procedure essentially differ from 
those of a criminal trial. So long as human instincts and 
passions continue, I believe that this infliction as a conse- 
quence of civil proceedings for divorce, without leaving a 
hope for its ultimate remission either by the same tribunal 
by which it was awarded or by some other, is detrimental to 
the good morals of the community, and discreditable to our 
knowledge of human nature. 

BOARD OF HEALTH. 

The Boston Sanitary Association, the American Statistical 
Association, and the Massachusetts Medical Society, have 
. all heretofore petitioned the General Court to establish " a 
Board of Health and Vital Statistics," The subject stands 
referred to the present Legislature, and the general views of 
the petitioners, with many illustrations of fact and reason- 
ing, are clearly set forth in the petition of the Boston Sani- 
tary Association, printed with House Documents of 1861, 
[House Doc, 112.] It was ably supported by the report of 
the joint committee to which it was referred, which deserves 
the perusal of every legislator of the Commonwealth, for 
its practical and comprehensive wisdom ; and I earnestly 
hope its views may be thoroughly examined, and its objects 
finally approved by the General Court. 

THE RHODE ISLAND BOUNDARY. 

I transmit to the General Court, the final decree of the 
Supreme Court of the United States, in the suit between 
this Commonwealth and the State of Rhode Island ; termi- 
nating the ancient controversy of boundary, now thereby 
adjusted on the basis of the conventional line, conformably 



GOVERNOR'S ADDRESS. 273 

to the agreement of the parties litigant. And I trust 
nothing will hereafter arise to disturb their mutual peace, 
and tiiat both the States will be found beneficent and impar- 
tial governments by those citizens each has acquired from 
the other. 

THE CONCORD AND SUDBURY MEADOWS. 

I shall transmit also the report of Daniel W. Alvord, 
Charles S. Storrow, and J. Herbert Shedd, appointed Com- 
missioners under the 154th chapter of the Acts of 1861, to 
conduct certain surveys and experiments on the Concord 
River, and to report thereon. The Commission seems to 
have been executed with great labor and care. Its report 
is in full detail, illustrated by an ample map, and plans, — 
and will, I think, be found a complete and satisfactory 
repository of the scientific truth sought through its agency. 

The conduct of the investigation required the constant 
services of many persons employed to observe its experiments, 
and otherwise to aid the Commissioners. Those employed 
were all, or generally, persons of humble means, working at 
low daily wages, and unabj^ to maintain themselves unless 
paid at brief intervals. By some inadvertence no appropria- 
tion was made to meet these expenses, and it was only after 
the Commissioners had incurred them to considerable extent, 
that the points came to my attention. The practical question 
then arose, shall these accounts be laid over until another 
session of the general Court, to the great injury of those 
employed, and the work of the Commission be suspended, 
to the great injury and disappointment of all the parties 
interested in the Meadow and Dam controversy, for want of 
the means to pay them ? 

With the consent of the Council I decided not to permit 
such a disaster, and assumed the responsibility of meeting 
these necessary current expenses out of the " Emergency 
Fund," and the warrants drawn for that purpose amount in 
all to the sum of !3!2,481.49. 

The accounts were first examined by a committee of the 
Council, and proved reasonable in their judgment, as well 
as that of the Commissioners. 

Pursuant to the provisions of the same Act, the Commis- 
sioners awarded damages in favor of tiiree several parties 
claiming them, to the amount of -'14,378.87. 

AGRICULTURE. 

The agricultural interests of the Commonwealth have 
been highly i)rospcred during the past year. Tiicir products 

42 



274 GOVERNOR'S ADDRESS. 

are estimated as exceeding thirty-two millions of dollars. 
The season was propitious and the crops with few exceptions 
were abundant and profitable. 

The Exhibitions of the Agricultural Societies as a whole, 
were more complete and attractive than ever before, while 
the interest manifested in them by the large attendance of 
people, was never excelled. Under the encouragement of 
the Commonwealth, the smaller and feebler societies are 
gradually placing themselves upon a more permanent and 
useful basis, and it is believed that if the present fostering 
care is continued, they will, within a reasonable length of 
time, attain a degree of strength and prosperity which will 
make them self-sustaining and self-reliant. Notwithstanding 
the poverty of her soil, in contrast with that of some of her 
sister States, the agricultural interest of Massachusetts is 
one of the most important ; and the great and rapid devel- 
opment of her resources, through the growing intelligence 
of her husbandmen, as shown in recent years by the increase 
of farm crops, the improvement in the breeds of domestic 
animals, the production and culture of new varieties of 
fruits, all confirm tlie wisdom of ^liat legislation which has 
encouraged the formation of societies for Agricultural 
improvement, by the bounty of the State. 

Many additions have been made to the State Cabinet 
during the year, and the interest manifested in it by the 
large and increasing number of visitors from day to day, 
shows clearly the practical value of the collection in devel- 
oping a fuller appreciation and knowledge of the Natural 
History of the Commonwealth. 

The State Board of Agriculture, sensible of the import- 
ance of having the elements of agriculture taught in our 
commoji schools, made arrangements with Messrs. George B. 
Emerson, and Charles L. Flint, to prepare a text-book or 
Manual of Agriculture, comprising and presenting in an 
elementary way the principles and practice of this art, 
■ including the composition of soils, and manures, the prepa- 
ration of lands, the culture of special crops, the principles 
of rotation of crops, the diseases and enemies of growing 
plants, the choice and management of farm stock, and the 
general economy of the Farm. This work has been executed 
so as to meet the approbation of the Board, and their recom- 
mendation of it as adapted for use in the schools of the 
Commonwealth. I trust it will serve to help increase an 
intelligent interest in farming, and develop the productive- 
ness of this fundamental pursuit of industry. 



GOVERNOR'S ADDRESS. 

An undue proportion of the soil of our Commonwealth 
is unused for any profitable purpose. This is in part owiiif^ 
to following tlie local traditions, instead of studying the 
secrets of nature, and extractiif^ her truth. Much land 
now wasted might be used for the growth of wood and 
timber, yielding a crop once in twenty or thirty years, 
without much labor in its care ; and farms now of little 
profit might become profitable by the proper methods of 
adaptation, and the skill to diversify their cultivation. 
Fruits, vines, and various branches of gardening, may be 
largely cultivated by those whose main pursuits are in-doors 
and sedentary. And might not tlie study of nature awaken 
a taste for horticulture, and the like, in our boys and girls 
at school, the results of which will be seen, not alone in the 
larger business of regular farming, but in a tho.usand 
humbler ways, adorning the village, the wayside, and the 
cottage home with beauty, giving freshness 'to many jaded 
minds, besides increase of health, industry, and wealth ? 

FLOWAGE. 

The subject of flowing our low lands and meadows under 
the operation of the " Mill Act," has also engaged the atten- 
tion of the Board of Agriculture. Rights already acquired 
thereunder are not subject to disturbance by its modification, 
or repeal, but in the belief that the Act has long outlived 
its usefulness, I respectfully recommend its consideration to 
the Legislature. 

The tendency of thrift, economy, and sound policy is 
towards general and systematic drainage, not towards the 
drowning of the most valuable lands. Rude and poor farm- 
ing is the usual lot of pioneers. It was true of those of New 
England. They gradually moved down from the more barren 
hill-tops to the meadows and richer lands, where capital and 
labor, wisely expended, are at first absolutely needed, but 
where the ultimate return is large and ample. 

In tiiis connection I desire also to call the attention of the 
Legislature to a measure of justice and public utility which 
will restore to cultivation many acres of the richest and most 
productive lands in the State. There are in nearly every 
section of the Commonwealth, ancient mill-privileges under 
which the right exists, and has existed since the first settle- 
ment of the country, to flow back upon the lands adjacent 
to the streams which supply them. Many of these privileges 
are neglected, and have been unused for years, but still the 
dams remain, rendering all attempts to redeem for cnltiva- 



276 GOVERNOR'S ADDRESS. 

tion, the lands above, of no avail. There should certainly 
be some limit to the period when exclusive rights, originally 
conferred upon individuals for the common good, and which, 
under the clianged circum-stances of the present time, serve 
only as instrumentalities of oppression, and to retard the 
development of enterprise in the cultivation of the soil, 
should again revert to those proprietors of lands by whom 
they were originally yielded. Whether provision should not 
be made by statute limitation as to the time when all such 
unused and neglected mill-privileges should become invalid, 
is worthy of your consideration. 

HARRIS ON INSECTS INJURIOUS TO VEGETATION. 

Tlie third edition of Harris on Insects Injurious to Vege- 
tation, published under a Resolve of the year 1859, chapter 
93, has just been completed. This edition of a work, of 
which the first was published in the year 1841, has been 
enlarged by suitable additions and illustrations, and is nearly 
ready for delivery. Extensive collections of insects were 
made, in order to have fresh specimens for use in making 
the drawings, which were supervised by Professor Agassiz by 
comparison with the original specimens, before engraving. 

This is a work of great beauty and careful learning, and 
is fitted for much usefulness, if properly and wisely distrib- 
uted. I ask the attention of the Legislature to that part of 
the Resolve of 1859, which provides for a partial distribu- 
tion. The whole subject is in the control of the present 
Legislature, and I venture to suggest that a work, the actual 
cost of which to the State is nearly three dollars a copy, and 
which will not be reproduced for another twenty years to 
come, should be given away only to those by whom it is 
likely to be prized for its scientific uses. 

Tlie Resolve provides for giving a copy to each member 
and reporter of the Legislature of 1859, by which it was 
, passed. But this is a subject open to the revision of the 
present General Court. 

DISTRIBUTION OP STATE DOCUMENTS. 

In this connection I suggest the expediency of providing 
by law a definite and complete system of distribution of 
public documents, prescribing in one statute the persons to 
whom each document regularly printed by the State shall 
be given, and the number of such documents which such 
persons shall receive. The present system is very imperfect 
and obscure, depending in great part upon ancient Resolves 



GOVERNOR'S ADDRESS. 277 

of the Legislature, scattered through fifty years of legisla- 
tion, and has come practically to depend in a considerable 
degree upon the personal discretion of the officers having 
such documents in charge. 

COLONIAL RECORDS AND PROVINCIAL LAWS. 

The twelfth volume of Records of the Colony of New 
Plymouth has been issued during the present year, forming 
the tenth bound volume of the series. Sufficient material 
for two more volumes has been transcribed, and is ready for 
the printer, and I am informed that seven volumes in addi- 
tion to these two, will complete the series, and that more or 
less progress has been made upon them all. The historical 
importance of ensuring the preservation of these records was 
well stated by the committee of the Legislature of 1855, upon 
whose recommendation the publication of them was com- 
menced ; and of even superior importance in every point of 
view, is the preservation by publication, of the Provincial 
Statutes of Massachusetts covering a period of nearly a cen- 
tury, from 1691 to 1780, the only complete collection of 
which in existence has been gathered in one private library 
in the Commonwealth, and is subject to all the risks of loss, 
destruction, and dispersion, to which private property is 
necessarily liable. In my Inaugural Address to the General 
Court of 1861, I had the honor earnestly to recommend the 
printing of these statutes, and I desire earnestly to repeat 
that recommendation. 

REFORM IN PAY AND WORK OF STATE EMPLOYEES. 

Observation during the past year has satisfied me that 
there exists great inequality between many of the servants 
of the State, — and particularly among the clerks in the 
various departments, — in respect to pay and work. There 
are some whose hours of necessary labor have been twice those 
of others, and whose work required a higher degree of intelli- 
gence, but who, nevertheless, have been inferior to these 
others in respect to pay. It is true that the past year has 
been exceptional in its character, and docs not afford a ])roper 
standard for the permanent adjustment of })ay to work for 
the future ; but the present anomalous condition of business 
is likely to continue through at least the year which lies 
before us ; and I tliink tliat the whole subject is one proper 
for legislative investigation with a view to devise a remedy 
adapted to the facts. 



278 



GOVERNOR'S ADDRESS. 



MINISTERIAL OFFICERS — THEIR COMMISSIONS AND FEES. 

I desire to renew the recommendation of a previous 
Executive, that the official term of Justices of the Peace be 
shortened, and that a payment of five dollars be required 
for each issue of a commission to them and to certain other 
officers, such as Notaries Public, and Commissioners for 
Massachusetts in other States, whose ministerial acts are 
legally compensated by fees. 

The number of Justices of the Peace at present in com- 
mission is 6,790, and of Notaries 486, distributed as follows 
among the Counties : 



COUNTIES. 



Justices of 1 
Peace. 



Barnstable, 
Berkshire, 
Bristol, . 
Dukes, . 
Essex, . 
Franklin, 
Hampden, 
Hampshire, 
Middlesex, 
Nantucket, 
Norfolk, 
Plymouth, 
Suffolk, . 
Worcester, 
Totals, 



185 

388 
452 

30 
694 
259 
348 
263 
939 

27 

594 

398 

1,443 

770 



6,790 



The aggregate of Commissioners for Massachusetts in 
other States, who have qualified under their commissions 
and whose terms have not expired, is at present 135. 

The labor of supervising these appointments is very 
considerable, and in respect to Justices and Notaries, is 



GOVERNOR'S ADDRESS. 279 

necessarily transferred by the Governor in great part to the 
members of the Executive Council, each for his respective 
District. It seems worthy of inquiry whether the public 
convenience really requires so extraordinary a jiumber of 
Justices of the Peace ; but the term of their commissions 
being for the long period of seven years, it would be impos- 
sible for a Governor within his own executive term of a 
single year, to etfect any essential change in this particular ; 
and indeed the custom of issuing commissions so freely is 
of such long standing as to interpose additional obstacles to 
the restriction of their number. 

But considering the labor which these commissions impose 
upon the department especially of the Secretary of the 
Commonwealth, and considering also that they afford means 
of pecuniary emolument to those who hold them, it seems 
not unreasonable that their issue should be compensated and 
restricted in the manner proposed. 

THE governor's SECRETARY. 

My experience has fully justified the resolve adopted by 
the last General Court, upon the recommendation of my 
predecessor, for the appointment of a Private Secretary to 
the Governor, and indeed, when I review the year, it is 
difficult for me to perceive how the necessary labor of my 
department could have been accomplished without such 
assistance. The mere statement that the number of letters 
addressed to the executive on business more or less of an 
official character, has averaged more than a thousand per 
montli, and for some months has exceeded two thousand, a 
large proportion requiring attention and reply, is sufficient 
to indicate in part the necessity of such an officer. The year, 
to be sure, has been exceptional in the character and amount 
of the labor of the Executive, but I have had reason to 
perceive that the office would have been of public advantage 
if it liad earlier been established, for on assuming the duties 
of my present position, I was surprised to recognize the fact 
that no copies whatsoever of any communications to or from 
the Executive of the Commonwealth, had ever been preserved 
among the official State papers, except such as had passed 
into the hands of the Secretary of the Commonwealth in his 
official character of custodian of the records of the Governor 
and Council, or had been referred to some one of the 
Departments, or transmitted to the General Court. When 
the iiistory of our country during tiie present century is 
considered, many events in which, in their relation to this 



280 GOVERNOR'S ADDRESS. 

Commonwealth, might have been illustrated more or less, 
by the preservation of such correspondence and documents, 
it is a matter of regret that hitherto no care has been had 
in this regard. 

For several months I have had to avail myself of the aid 
of an assistant secretary in the military department ; nor 
have the possible hours of work in the whole twenty-four 
hours of the day, been more than enough. As soon as the 
public service will permit, I shall discontinue this assistance ; 
but, at present, it cannot be dispensed with, unless we leave 
undone many details of business to the inconvenience of the 
people. 

THE EXECUTIVE APARTMENTS. 

In this connection I beg to call attention to the defective 
arrangement of the suite of rooms assigned to the Executive 
in the State House, with special reference to the entire 
absence of proper facilities for ventilation. In their present 
condition, they are inconvenient and unhealthy. 

PREPARATION OF LEGISLATIVE BUSINESS. 

One of the desirable things often spoken of, less often 
accomplished, is the prompt disposition of the legislative 
business, the necessary condition of short sessions, which 
are, in their turn, the condition on which our ablest citizens 
are willing to become members. But this seems greatly 
dependent on an early and perfect preparation of the public 
business. If an early fixed day, common to all the depart- 
ments and bureaus of the State, was adopted as that on 
which all their books and affairs were to be annually closed, 
and their reports made up, and were those reports placed in 
proper hands, — for example the bank abstracts into those of 
the Bank Commissioners, the railway returns, of a State 
Surveyor, the reports of tlie different penal, charitable, and 
■sanitary institutions into the hands of the secretary of a 
central board, — all these crude materials might be reduced 
to order by just, cautious and skilful analysis, abstracted, 
tabulated and reported upon, printed, and laid on your 
tables at the beginning of the legislative term, to the 
manifest advancement of the business of the General Court. 
I hope this may yet be accomplished. 

MILITARY DEFENCES. 

A letter dated at Washington, on the 14th day of October, 
was addressed by the Department of State to the Governors 



GOVERNOR'S ADDRESS. 281 

of all the States on the seaboard and the lakes, suggesting 
that it is necessary to take every precaution to avoid the 
evils of foreign war, in view of the fact that disloyal citizens, 
even before the present insurrection had revealed itself in 
arms, had hastened to foreign countries to invoke their 
intervention for the overthrow of the Government and the 
destrnction of the Federal Union. The Secretary of State 
does not fail to urge with emphasis that one of the most 
obvious precautions against foreign war, is that our ports 
and harbors on the seas and lakes should be put in a condi- 
tion of complete defence. In behalf of the President of the 
United States, he therefore invited the attention of this 
department to the subject of the improvement of the 
fortifications and defences of Massachusetts, and asked that 
the subject should be submitted to the consideration of the 
Legislature, when it should assemble, with the added 
suggestion that proceedings by the State would require only 
a temporary use of its means, and that the expenditures 
ought to be made the subject of conference with the Federal 
Government. 

I availed myself of the earliest occasion to visit Washing- 
ton, and to confer with the distinguished head of the 
bureau of Engineers, whom I knew to be intimately familiar 
with our coast, and with the system of defence appropriate 
to its condition and wants. The interview and subsequent 
correspondence lead me to the opinion that certain fortifica- 
tions, both on our Northern and Southern shores, unless 
immediately taken in hand by Congress, ought to be under- 
taken by the Commonwealth, acting in concert with the 
United States Government, advancing its own means, 
employing the capital, skill and industry of its own citizens, 
working under the supervision of the head of the bureau of 
United States Engineers, following his instructions and plans, 
and receiving from the Government of the United States 
the national bonds to cover the expenditure, which, 
exclusively of the guns, would involve an estimated cost of 
$400,000. I have the honor to lay before the General Court 
the letter of the Secretary of State, already alluded to, and 
a very recent letter received from General Totten, of the 
Engineers, for this purpose, in which last communication is 
contained a brief, but clear and instructive statement of the 
condition of our Jiarbor defences. The permanent fortifica- 
tions proper in Boston Harbor will probably need no assist- 
ance from tlie Commonwealth, but promise to be followed 
up to completion by the Federal authorities. 

43 



282 GOVERNOR'S ADDRESS. 

The communication of General Totten establislies the 
fact of the purposes of his own department, and we are 
enabled to see for ourselves what has already been done. I 
am assured also by General Ripley, the head of the Ordnance 
Office at Washington, that in addition to the guns already 
mounted, and those the Government is engaged in mounting, 
of which there are a considerable number now on hand, it 
has adopted all possible means to obtain the additional 
cannon and carriages required to complete the armament, 
which will proceed as fast as procured, and that a portion 
of this armament will consist of rifled cannon in the positions 
requiring artillery of that kind. 

The harbor of Provincetown possesses certain features of 
interest peculiar to itself. Of ample depth for all purposes, 
a shelving, sandy shore, accessible in all weathers without a 
pilot, and with an anchorage in which whole navies might 
ride in safety, its arm stretched far out into the sea, it seems 
adapted to be the base of naval operations along the whole 
coast of New England. I believe there is not a place so 
easily taken from us, and worth so much to an enemy, when 
taken, as Provincetown and its harbor. 

In the hands of an enemy it would harrass our commerce 
as it did in the last war with England, and would be a secure 
and tempting haven. The situation of that harbor at a 
point remote and not suddenly accessible by land from the 
populous portions of the State, has another military signifi- 
cance. Without means to throw a large force suddenly into 
the place, it would require a large garrison in constant 
occupation. With a new railroad to strike the main artery 
of travel at Yarmouth, a substantial fort with a much smaller 
garrison, would hold it. Besides, it is said that the harbor 
of Provincetown is yearly endangered by the inroads of the 
sea upon its beach. Might not a road bed be easily so 
constructed as to serve at once as a rail track and a dyke or 
ocean barrier ? It is worthy your consideration whether the 
■ loan of some aid to such an enterprise would not diminish 
the expense of a strictly military work and the cost of its 
garrison, while it would benefit industry and strengthen the 
people in peace as well as in war. 

To whatever work of patriotic duty they are called, the 
People will come. There are those now among us and still 
ready to serve the country, who remember in the War ol 
1812, the thousands flocking down, some even from beyond 
the county of Worcester, each man with pick or shovel on 
his shoulder, and each town or parish headed by its pastor 
armed like the rest, to labor on the forts and defences of 



GOVERNOR'S ADDRESS. 283 

Boston. The People, if need be, could come themselves and 
wall up our coast with the masonry of war. 

The Vineyard Sound is the great highway of our coastwise 
commerce. Ninety thousand vessels, of all sizes, have been 
counted as passing Gay Head Light, in the course of twelve 
months. Without means of defence, a blow might at any 
time be struck there, involving a great loss of property, 
which the people of other States would feel not less deeply 
than would our own citizens. It is estimated that at least 
thirty thousand vessels annually seek shelter in the various 
ports of the Sound. In addition to the fortifications exist- 
ing and intended for the harbor of New Bedford, there is 
needed a United States armed steamer, erasing about that 
harbor, the mouth of Buzzard's Bay, and the Vineyard 
Sound. If attached to the revenue service, the same vessel 
might be usefully occu])ied for the Treasury Department, 
and in watching over a large portion of ouv whole coasting 
marine. 

Besides the permanent fortifications, we need rifled can- 
non, with their appurtenances, for movable ordnance and 
temporary batteries, at suitable points. For these batteries 
companies of militia could be raised, with corps of riflemen 
attached. Such defences can be speedily prepared, and can 
be indefinitely extended. 

So, also, there are wanted, to be kept at hand for instant 
use, rifled ordnance and projectiles, for sea service. Never 
may the mercantile marine of Massachusetts, and her gallant 
and hardy sailors and fishermen, be obliged to creep defence- 
less home, to wear away their lives ignobly at a foreign 
menace of our flag! Let the State be ready to arm two 
hundred merchantmen and extemporize a navy auxiliary to 
the national army of the seas, and let the national ensign rise 
to kiss the breeze wherever it fans the ocean, — protected by 
brave hearts and brazen peace-makers. 

THE MILITIA. 

Military education, both in the militia and in comiection 
witii the earlier training of the seminaries of learning, and 
the establishment of a school within the State taught by pro- 
fessors of military science, are all subjects deeply engaging 
the minds of the people. 

It is to be hoped that Congress at its present session will 
adopt some comprehensive National plan of militia organiza- 
tion, requiring all men within certain ages to make it a point 
of honor and duty, to instruct, strengthen and recreate 



284 GOVERNOR'S ADDRESS. 

themselves by that reasonable training, desirable to prepare 
the citizen to shonlder the musket at any crisis of public 
danger or disaster. 

I venture to recommend that our own militia should be 
brought to the highest perfection possible by legislative 
encouragement. Can it be regarded as due to the momen- 
tous possibilities of the future, or just to the people, that less 
than twenty-five thousand men, fitted and furnished to be 
mobilized in a week, should constitute an active militia ? 

The whole number of our enrolled militia is one hundred 
and fifty-seven thousand four hundred and ninety-six. The 
whole number who have gone into the volunteer service of 
the United States is reported by our Adjutant-General as 
twenty-seven thousand two hundred and seventy-five. About 
eleven thousand more are estimated to be in the naval 
service, as sailors and marines, leaving one hundred and 
twenty thousand at home, besides those men capable of the 
ordinary duties of civil life, not included within the pre- 
scribed age for military enrolment. 

I beg leave to communicate a report made by a gentleman 
of the military staff, who fully appreciates the importance of 
this subject, and has given much study and examination to 
the matter of military education as it is elsewhere conducted. 
It is too thorough to be reserved only for private uses or to 
be embodied in this Address. 

Confessing to myself the deepest obligation to the several 
gentlemen of the general and personal staff, to which the 
Commander-in-Chief of the State militia is entitled, — includ- 
ing those added during the last year under the authority of 
recent legislation, — and in view of the arduous and increased 
military duties, it would be unjust were I to omit a public 
and cordial expression of gratitude, and an emphatic recog- 
nition of patriotic and intelligent service to which whatever 
efficiency there has been in the work of the year is mainly 
due. 

OUR NATIONAL CAUSE. 

The ultimate extinction of human slavery is inevitable. 
That this war, which is the revolt of Slavery, (checkmated 
by an election and permanently subordinated by the Census,) 
not merely against the Union and the Constitution, but 
against Popular Government and Democratic Institutions, 
will deal it a mortal blow, is not less inevitable. 

I may not argue the proposition ; but it is true. And, 
while the principles and oj)inions adopted in my earliest 
manhood, growing with every year in strength and intelli- 



GOVERNOR'S ADDRESS. 285 

gence of conviction, point always to the policy of Justice, 
the expediency of Humanity, and the necessity of Duty, to 
which the relations of our Government and People to the 
whole subject of Slavery form' no exception, so that I have 
always believed that every constitutional power belonging 
to the Government, and every just influence of the people 
ought to be used to limit and terminate this enormous 
wrong, which curses not only the bondman and his master, 
but blasts the very soil they stand upon, — I yet mean, as I 
have done since the beginning of the " Secession," — I mean 
to continue to school myself to silence. I cannot suspect 
that my opinions, in view of the past, can be misconceived 
by any to whom they may be of the slightest consequence 
or curiosity. Nor do 1 believe that the faith of Massachu- 
setts can be mistaken or misinterpreted. The record of her 
declared opinions is resplendent with instruction, and even 
with prophecy ; but she was treated for yearg as the Cassan- 
dra of the States, disliked because of her fidelity to the 
ancient faith, and avoided because of her warnings and her 
testimony. And now, when the Divine Providence is leading 
all the people in ways they had not imagined, I will not dare 
attempt to run before, and possibly imperil the truth itself. 
Let him lead to whom the people have assigned the authority 
and the power. One great duty of absorbing, royal Patriot- 
ism, which is the public duty of the occasion, demands us 
all to follow. Placed in no situation where it becomes me 
to discuss his policy, I do not stop even to consider it. The 
only question which I can entertain is what to do, and when 
that question is answered, the other is what 7iext to do in 
the sphere of activity where it is given me to stand. For by 
deeds, and not by itjoi'ds, is this People to accomplish their 
salvation. 

Let ours be the duty in this great emergency to furnish, 
in unstinted measure, the men and the money required of 
us for the common defence. Let Massachusetts ideas and 
Massachusetts principles go forth, with the industrious, 
sturdy sons of the Commonwealth, to propagate and intensify 
in every camp, and upon every battle-field, that love of 
equal Liberty, and those rights of universal humanity, 
which are the basis of our Listitutions ; but let none of us 
who remain at home, presume to direct the pilot, or to seize 
the helm. To the civil head of the National State, to the ^ 

military head of the National Army, our fidelity, our confi- 
dence, our constant, devoted, unwavering suj)})()rt, rendered 
in the spirit of intcllig<Mit freemen, of large-minded citizens, 
conscious of tin) dilTK-ulties of govci'iinioiil, the r(;>|)oii.sil)ili- 



286 GOVERNOR'S ADDRESS. 

ties of power, the perils of distrust and division, are due 
without measure and without reservation. 

The Great RebeUion must be put down, and its promoters 
crushed beneath the ruins o*f their own ambition. The 
greatest Crime of history must receive a doom so swift and 
sure, that the enemies of Popular Government shall stand 
in awe while they contemplate the elastic energy and con- 
centrative power of Democratic Institutions, and a Free 
People. Tiie monstrous character of the crime has never 
yet been adequately conceived, nor is language able fitly to 
describe it. Groundless and causeless in its origin, it began 
and grew up, and continues, under the lead and direction 
of men who had received all the favors, and enjoyed all the 
blessings of our government, and who were bound by official 
oaths to maintain it. Reckless of consequences, and deter- 
mined to ruin where they could not rule, they conspired 
against the welfare of nearly thirty millions of people, and 
their countless posterity ; they plunged them, witli incon- 
ceivable madness, into every danger, and suffering, and 
sorrow, which can be generated by domestic war ; and they 
stand with souls blackened by the selfishness and audacious 
barbarity of the crime — red-handed and guilty before God 
and History, of the slaughter of the innocent, and the blood 
of the brave. 

Whether right or wrong in its domestic or its foreign 
policy, judged by whatever standard, whether of expediency 
or of principle, the American citizen can recognize no social 
duty intervening between himself and his country. He 
may urge reform ; but he has no right to destroy. Intrusted 
with the precious inheritance of Liberty, endowed with the 
gift of participation in a Popular Government, the Constitu- 
tion makes him at once the beneficiary and the defender of 
interests and institutions he cannot innocently endanger ; 
and when he becomes a traitor to his country, he commits 
equal treason against mankind. 

The energies, wisdom and patience of the People, their 
capacity for Government as a corporate whole, and their 
capacity of voluntary obedience and subordination, whether 
in camp or at home, are now on trial. Tliis is no merely 
local, accidental, temporary act of insurgency, to be treated 
by police measures, and civil correction. It is war, dread- 
ful, solemn WAR. The influences, institutions, and adhe- 
rents of despotic ideas and systems, reacting against the 
ideas of progression in liberal government, have arrayed 
themselves against the only people and the only national 



GOVERNOR'S ADDRESS. 287 

power where Democracy has a citadel and a home on the 
face of all the earth. 

The despotic element in America, conspiring against our 
country's National Life, anticipated its own earliest demon- 
strations of force by trying to extend the conspiracy to the 
inclusion of all the " nations who feel power and forget right." 
Involved in this controversy for life, for freedom, and for 
honor, let Massachusetts in following the flag and keeping 
step to the music of the Union, never fail to prove to all 
the world that in all the characteristics of her people she is 
to-day as she was of old when she it was who first unfurled 
the flag, and pitched the tune. Henceforth there will be 
no one to consider how to " reconstruct " the Union, exclud- 
ing New England from the sisterhood of States. Wherever 
for treasure, or heroism, or blood was the call they heard, 
the people of New England have responded by opening the 
lap of their industry, and by the march of their braves. 
And now when tiie beauty of our Israel has been slain in 
our high places, and when her Lee, and Revere, and Rock- 
wood, and Bowman lie in felon's cells, and hundreds of her 
sons wear out tiieir hearts in sad captivity, victims of their 
valor and devotion to our Union, one irrepressible impulse 
moves our people and inspires our soldiers in the field — one 
prayer to see the day when an army of Loyal Americans 
shall hammer at the doors of their prison-houses, with both 
hands pledged to the solemn task of ivar^ and with neither 
liand averted to uphold the Institution which is the cause 
of all this woe ; and that their bow shall turn not back, and 
their sword return not empty, until the grand delivera'nce 
shall be accomplished. 

MARYLAND. 

I gladly point you to one oasis in the midst of all the 
resentments of the hour. A committee of the House of 
Delegates of the Legislature of Maryland, acting under 
instructions from that body, have ad(fressed the Executive 
of Massachusetts, seeking to learn the condition of the 
widows and orphans of the patriots who were murdered at 
Baltimore on the 19th of April, and to be informed of any 
persons who were dependent on them for support, in order 
that the State *of Maryland may take such action in that 
connection as befits its sense of justice and honor. Cor- 
dially appreciating the honorable and humane sentiments 
of the House of Delegates, the letter of their committee is 
herewith communicated to the General Court, and 1 have 



288 GOVERNOR'S ADDRESS. 

directed the necessary investigation to be made to answer 
its inquiries. 

Senators and Representatives : — 

I invoke your study to promote all the interests of moral- 
ity, industry, thrift, and valor, so that our Commonwealth 
and her People may crown all the heights of enterprise, 
virtue, and honor. Attended by your wisdom, supported 
by your sympathy, I re-ascend the chair, so often and so 
worthily filled by great magistrates and good men, and you 
will assist ray unequal steps in treading the paths their lives 
illumined. Inspired by trust in God and an immortal hate 
of Wrong, let us consecrate, to-day, every personal aspira- 
tion and every private hope, in one united apostrophe to our 
"^ Country and her cause — " Where thou goest, I will go ; and 

where thou lodgest, 1 will lodge ; thy people shall be my 
people, and thy God my God : where thou diest, will I die, 
and there will I be buried." 



SPECIAL MESSAGES. 289 



SPECIAL MESSAGES 



THE FOLLOWING SPECIAL COMMUNICATIONS WERE MADE BY HIS 
EXCELLENCY THE GOVERNOR, TO THE LEGISLATURE, DURING 
THE SESSION ENDING APRIL THIRTIETH. 

[To the House of Representatives, January 18.] 

Ill obedience to the Order of the House', passed on the 
13th instant, requesting the communication of " the cor- 
respondence relating to the recruiting of troops for the 
department of New England, and any otlier matters con- 
nected therewith," I have the honor herewith to transmit 
copies of all the documents required. 

[To the Senate, January 23.] 

I am compelled to return to your honorable body, in 
which it originated, a bill entitled " An Act in addition to 
an Act in aid of the Families of Volunteers, and for other 
purposes," and respectfully to invite its re-examination. 

Tlie Constitution, (chap. 1, sect. 1, art. 2,) provides that 
every bill or resolve shall be " laid before the Governor for 
his revisal ; and if he, upon such revision approve thereof, 
he shall signify his approbation by signing the same. But, 
if he have any objection to the passing of such bill or 
resolve, he shall return the same, together with his objec- 
tions tiiereto, in writing, to the Senate or House of Repre- 
sentatives, in whichsoever the same shall have originated." 

For reasons peculiar to this bill, in some of its possible 
relations, it would have been a most grateful relief if it had 
been possible in this instance to avoid the execution of these 
duties. But the supreme law of the Commonwealth, which 
is our common guide, imperatively demands " ret'ii-a/ " of 
the bill by the Governor, and his subsequent " approval,^ 
or the " return " of the bill " willi his objections.''^ 

AVlicn objections exist, against a measure adopted by the 
deliberate action of both the branches of the General Court, 
founded in mere matters of opinion touching which intelli- 

44 



290 SPECIAL MESSAGES. 

gent and fair minds do, or may, differ, I think the Gov- 
ernor — \inlcss it may be on some rare and grave occasions 
of exceptional character — ought with modest dcfei^nce to 
remember that, although he may not in liis own private 
judgment approve the conclusions of the Senate and House, 
lie is still but one person, oftentimes of less wisdom and 
experience than members of the General Court, whose act 
he is revising ; and that he should yield his mere opinion to 
theirs. 

But when a measure is so manifestly wrong, or defective — 
and especially when it is passed under circumstances of 
haste, or otherwise, tending to the inference of accident, 
inadvertence, or want of consideration, and that the bill 
does not fairly carry out the manifest intention of the Legis- 
lature — the simplest good faith and sense of duty, preclude 
the Executive from adding a pretended approval, and thus 
completing the error. 

In order to a more perfect understanding of the measure 
under review, I beg leave to recur to its history. 

The sulvject matter of the bill was brought to the atten- 
tion of the General Court in two ways. 

1. By the Annual Address of the Governor to the Legis- 
lature delivered on the third day of the present month, — 
in which Address occurred the following language on the 
subject : — 

"I respectfully recommend that the 222d chapter of the Acts oflSGl 
be so amended as to include in its provisions for the aid of the families of 
' the Volunteer Militia of this State,' those companies Avhich at an early 
period in the war, impatient of delay, and anxious for service, marched 
from the Commonwealth, and became attached to the regiments of New 
York, with whose volunteers they are consequently enumerated. 

" Earnest, but unsuccessful efforts have been made to transfer them to 
Massachusetts corps. And I cannot doubt that the Legislature Avill gladly 
restore to these companies, composed of good soldiers, whose behavior 
has done credit to the State, the benefits of a statute whose equity 
reaches their case. 

" I am apprised of certain other bodies of volunteer soldiers, who were 
recruited by irregular means in this State, and a part of them assembled 
at a camp in Lowell, and others at a camp in Pittsfield, whose condition, in 
a similar way, appeals to the General Court for consideration. Although 
they were needlessly enlisted and brought together, contraj^^ to the orders 
and directions of the Department of War and the authority communicated 
to the Governor of this State, and to general orders promulgated from the 
Commonwealth head-quarters, issued at a time when we were straining 
the enlistment by raising eight infantry regiments, one cavalry regiment, 
and four ai'tilltTv batteries at once, besides furnishing recruits to older 
regiments in the field, I am of opinion that the majority of these soldiers 
were misled into the belief that they were enlisting into regular regiments 
of ^lassachusetts Volunteers. They have marched, or will march, I 
believe, into actual service, when their conduct will doubtless entitle them 



SPECIAL MESSAGES. 291 

to the honorable and sympathetic remembrance accorded by the State to 
citizens in other corps. / respectfully siigf/ext an inquiri/ into the condiliim 
of these borlies ; and if no ohjections .ihall be found to exist, that the proois- 
ivns of the Act be extended to their families, also, without delay." 

It will be observed that there were two classes of persons 
alluded to in the Address, viz. : — 

Certain Massachusetts companies which had, at a very 
early period of the present war, become attached to New 
York regiments, and whoso members thus inadvci tently lost 
the State relief for their families. 

Also, certain bodies of volunteer soldiers, " recruited by 
irregular means," of whom a majority were supposed to have 
been misled into the belief that they were enlisting into 
regiilar regiments of JNIassachusetts Volunteers. 

2. The other way in which the subject was introduced to 
the Legislature was by means of a petition, representing 
" that whereas, many citizens of the Commonwealth Iiave 
enlisled in the companies recruited in this State by Major- 
General Butler, with the representation and understanding 
that they were to receive the aid provided for in an Act of 
the Legislature in aid of the families of Volunteers, approved 
May 28, 1861 ; and whereas, the State authorities have 
decided that the persons so enlisted are not entitled to the 
aid provided for in this Act, they earnestly pray that the Act 
may be amended, so as to include those citizen soldiers in its 
wise and humane provisions." 

That portion of the Address which has been quoted, was 
referred to the Joint Committee on the Militia, on the 7th 
day of January, and the petition was referred to the same 
Committee, on the 8th day of January, who reported, on the 
13th day of the same month, to the Senate, that " the Com- 
mittee on the Militia, to which was committed the petition 
of Thomas R. Collins and others, asking that the provit^ions 
of the Act in aid of the families of Volunteers, and for other 
purposes, approved May 28, 1801, might be extended so as to 
include and apply to the families of certain other Volunteers 
recruited since the })assage of said Act, and also so much of 
the Governor's Address as relates to the same subject, have 
considered the same, and report the accompanying Bill." 

On the same day, the Bill passed to its second reading in 
the Senate, and on the next day was engrossed and sent into 
the House of Representatives, where, on the. same day, it 
received all its readings, and passed to be engrossed, under 
a suspension of the Rules, — never having been printed in 
either branch. 1 mention these circumstances, becau.se .such 
departures from the ordinary rules, always render it tiie 



292 SPECIAL MESSAGES. 

duty of the Governor the more carefully to exercise his own 
functions. And may I not add that they always suggest the 
apprehension, that in thus making great haste to do right, 
some error may have slipped in ? 

We are now brought to consider and to interpret the bill 
itself, under review. It should first be remembered that it 
is in addition to a certain other Act, which it seeks to amend. 
And that other Act provides for the relief by the municipal 
governments of this Commonwealth, of certain dependent 
kindred " 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." 

It is to be noticed — 

1. That the provision is in aid of the family of an inhab- 
itant of the city or town rendering the relief. 

2. That he must, as a member of the Volunteer Militia of 
this State, have been mustered or enlisted into the service. 
And 

3. That inhabitants of this Commonwealth who enlist or 
are mustered into the United States service in other States 
as members of the militia corps of svch other States, are not 
included in this bounty. For example, the companies of 
Massachusetts Volunteer Militia, (alluded to in the Address,) 
by going into New York, and becoming attached to New 
York regiments, (the regiment being the unit of organiza- 
tion in the United States military sytem,) did thereby shut 
themselves out from the benefits of the original relief Act. 

But the bill now before us, seeking apparently, and only, 
(according to the prayer of the petitioners,) to include 
certain Massachusetts soldiers, pertaining to some supposed 
military body, therein called " The New England Division," 
departs, in the interest of that supposed division, from the 
theory and interests of the original Act, in certain vital 
particulars, in a manner which I cannot think it was the 
intention of the legislature to sanction. 

~ 1. By the terms of this bill, the provisions of the original 
Act (chapter 222 of statutes of 1861,) are made " to apply 
to and comprehend the families of inhabitants of this Com- 
monwealth, who have enlisted or shall hereafter enlist in 
any Massachusetts company for the volunteer force for the 
war known as the New England Division," " in like manner 
as the same apply to and comprehend the families in said 
chapter designated." 

That is to say, the law of May, 1861, applies to the families 
of inhabitants of the city or town, from whose municipal 
officers the relief is sought, while tlie bill before us applies 



SPECIAL MESSAGES. 293 

generally to families of inhabitants of Ike Commomoealth. 
Tiie words " in like manner," which qualify the words 
" apply to and comprehend," do not change, or indicate, or 
regulate the meaning of the words " inhabitants of this 
Comraonwealtli," but they only indicate and regulate the 
vianner in which the relief pointed out shall be given. They 
point to the original statute, which confines the relief to 
the " wife," " children," " parent,'^ " brother," " sister," 
of the^ volunteer, who may be " dependent on him for 
support." And doubtless, by the reference made from this 
bill to that Act, the word "families" must be interpreted 
in the light of that enumeration, as showing the sense in 
which the words " family " and " families" in both Acts were 
intended. 

But if this bill becomes a law, 1 see no reason why a wife, 
not obtaining the relief she seeks for, in the city or town 
where her husband was domiciled, and whence he departed 
into service, may not continue her application to any other 
municipality, until she finds one satisfactorily compliant. 
Thus while others must be confined to their uivn cities or 
^or^?«.s, members of the " New England Division," (so called,) 
would have all the cities and towns in Massachusetts to 
select from. I do not think that this was intended by the 
G^eneral Court. 

But there is another departure from the policy of the 
original Act. For, whereas, under that Act, Massachusetts 
citizen soldiers, as members of Massachusetts companies, on 
going into service, attached to New York regiments, have 
l)een considered as excluded, and have been practically 
excluded from the bounty of the law of May ; yet, by the 
terms of this bill, an inhabitant of Massachusetts belonging 
to " any Massachusetts company " of the aforesaid " New 
England Division," is brought within reach of the bounty, 
although such company may be the only Massachusetts 
company in the whole " division." 

Can 1 believe, that, while overlooking, or excluding from 
this bill, the Massachusetts companies urged on the attention 
of the General Court, who have, for some nine months 
already been in the field, and who have borne all the hard- 
ships of the war, — the Legislature intended to include not 
only men just mustered in, but even men who shall hereafter 
enlist in the " New England Division ? " I respectfully 
suggest tiiat I do not suppose this to have been intended by 
the Legislature. 

But, again, the Address refers to enlistments already 
made. The petition asks foi- relief, only foi- the lainilit's of 



294 SPECIAL MESSAGES. 

those " citizens of the Commonwealth who have enlisted in 
the companies recruited in this State by Major-General 
Butler." And the report of the committee is expressly 
based upon the Governor's Address, and on the prayer of 
the petition, — in fulfilment of which the bill purports to be 
offered. And, nevertheless, the bill includes those who will 
HEREAFTER eriHsl. 1 ask the honorable Senators and Repre- 
sentatives to remember whether they were aware of this 
extensive scope of the bill ; and whether this pur})ose and 
effect of it was explained or stated in debate ? 

And I beg permission also to remark that the body or 
bodies of troops intended to be affected by this bill, so far as 
such troops as yet exist, were those declared in the Address, 
to have been " recruited by irregular means." 

Since nothing appears to the contrary, I infer that the 
accuracy of this statement of the Address was assumed by 
the committee and by the Legislature. 

And it cannot be presumed that the Legislature intended 
in the passage of this bill to bestow its bounty on all who 
sliall hereafter enlist in the military force alluded to, until 
it can be believed that the Legislature desires to promote 
and encourage those who may hereafter, in a spirit of defi- 
ance and insubordination, contemn the law and the authority 
of the Commonwealth and of its magistrates. 

Whatever may be thought of the legal validity of the 
proceedings for the. recruitment of the force in question, in 
their relation to the laws of the United States, yet, it is not 
to be concealed, that it is impossible knowingly to promote 
or encourage the conduct of those engaged in that work, 
without sharing a common purpose to defeat the efforts of 
the Governor in the execution of his regularly delegated 
duties, and to dishearten those who rely on his honor and 
discretion, and on his power to fulfil his lawful functions. 
Nor is it possible to do so without contempt of his office and 
, authority. Let this bill become a law ; and let all those 
who shall enlist hereafter in this force, be treated by the 
Legislature of the Commonwealth in the same manner as 
the 28,000 Massachusetts soldiers are treated, who, in a 
filial and dutiful spirit of co-operation and loyalty, have 
marched under the flag of our Union and the colors of the 
Commonwealth, — and I know nothing which reckless men 
may not attempt, and nothing they may not accomplish, — 
save in so far as the resistance of the Executive may be 
enabled to withstand them, single-handed and alone. 

Another, and a radical objection to the bill in its present 
form, is its incomprehensible phraseology, in extending the 



SPECIAL MESSAGES. 295 

benefits of the law of May, to the families of soldiers of all 
Massacliusetts companies enlisted in the " New England 
Division." 

No such body as the " New England Division " is known 
in the organization of any portion of the military forces of 
the United States ; and if there were any division of the 
regular army or of the volunteers so designated, eitlier at 
this time or at any otlier, the composition of sucli a division, 
and also its title, would be liable to constant variation, 
because it is not the division nor the brigade, but it is tlie 
regiment which is the unit of the Federal military organiza- 
tion. A brigade is formed of two or more regiments, and a 
division consists usually of two or three brigades. But a 
brigadicr-gelieral of the line is not attached to an invariable 
brigade, nor a major-general to an invariable division, while 
a colonel of tlie line is necessarily attached to an invariable 
regiment, for that is the unit of the military organization. 
The regiment is invariable, being such unit. But a brigade 
may vary constantly by the addition or withdrawal of regi- 
ments, and a division may also vary constantly by the 
addition or withdrawal of regiments or of wliole brigades. 
And the title by whicli brigades and divisions are usually 
designated in the Federal service, being that of their 
commanding officers, (as for instance, " Banks's Division," 
or '• Abercrombie's I3rigade,") is liable to vary according to 
changes in the detail of such officers. 

Therefore, even if tliere were any such division now 
existing, properly knowu as the New England Division, 
(whicli there is not,) the law is open to grave objection, 
in being applicable to all the various regiments whicli might 
at any time be incorporated with such division, and also in 
being liable to fail altogether in the event of the abolition 
of such division at any time by disi)orsion of the regiments 
or brigades of which it was composed. 

It is not desirable to encourage the enlistment of Massa- 
chusetts companies into any other than Massachusetts 
regiments. Among future contingencies, the States may be 
called upon, in some national emergency, to furnish soldiers 
by process of conscription or drafting ; and the numl)ers to 
be drafted from the dilTcrcnt States would be proportioned 
by the numbers of their troops already in the field. It is 
highly probable that this calculation of the number of troo])S 
already in the field from any State, would be based upon the 
strength of the regiments in the service from such State, — 
the regiment being the unit of organization. And tliis 
probability is strongly confirmed by the fact that the 



296 SPECIAL MESSAGES. 

Massachusetts companies now serving in New York regiments 
are not accredited to Massacliusetts by the Federal Govern- 
ment, in reporting the numbers of troops sent by each State 
into the field, but are accredited to New York. It is the 
Executive of New York, and not of Massachusetts, who 
exercises towards them the powers and functions with which 
the Governors of the States are vested by law of Congress 
towards volunteer troops in the field ; and it is the prowess 
of that State, rather than of Massachusetts to which tliey add. 

Now, if there were indeed such an organization as the 
New England Division, composed, as its name would seem 
to imply, of regiments from at least six different States, 
this bill, so far as it could influence enlistments, would 
operate if not to the positive detriment of Massachusetts 
regiments, at least to the favor of those of the other New 
England States, by holding out as strong inducements to 
Massachusetts companies to join them as to join Massachu- 
setts regiments ; thereby tending, at the expense of this 
Commonwealth, to increase the reputation of such States 
for their numbers of troops in the field, and to decrease the 
liability of their population to conscription. 

To recapitulate on this branch of the subject: There is 
no such organization as the " New England Division ; " and 
if there were, such Division necessarily could not be a per- 
manent and invariable organization, and even if it could be, 
then this bill would encourage the enlistment of Massachu- 
setts companies into regiments of other States, to the injury 
of this State in respect to its military prowess and to the 
liability of its own people to conscription. 

But in recommending the extension of the law of May 
to the families of the soldiers of Massachusetts companies 
in the New York regiments, I propose an exception in their 
favor because of the peculiar circumstances under which 
they joined such regiments, and because in legislating for 
them we deal with definite and determined facts and num- 
bers, while in legislating respecting future enlistments there 
is a necessary lack of such definiteness. 

It was at an early period of the war — the end of May and 
the beginning of June — that they left Massachusetts, and if 
you recall the transactions of that period, you may remem- 
ber that ij was at a time when we were embarrassed by 
having several thousand troops under arms in the State, 
which the Federal Government was unwilling to accept. I 
had from the beginning, considered that the exigencies of 
the war would require a much larger force of volunteers 
than the 42,000 called for by the President in his proclama- 



SPECIAL MESSAGES. 297 

tion of May 3d, and accordingly I neglected no opportunity 
to secure enlistments during that period of excitement. 
It was with great embarrassment that I learned that the 
Federal Administration did not approve such views, and 
refused to accept more than five three-years regiments from 
this State, although they conceded a much larger propor- 
tion to the State of New York. By much persuasion I 
obtained the concession of one more regiment. But more 
than that I was unable to obtain, until nearly the end 
of June. Late in May, I was advised officially from the 
Department of War, that it was " important to reduce 
rather than enlarge this number" (i. e. six regiments,) and 
" if more were already called for, to reduce the number by 
discharge ; " and earlier in the month, I had been warned 
that the administration was getting more men than were 
wanted. I found myself, therefore, embarrassed by respon- 
sibility to men whom I had encouraged to take up arms, to 
the number of several thousands more than I could per- 
suade the Federal Administration to receive ; and that, 
after forcing all I could upon the General Government, and 
availing myself to the extremest limit of the provisions of 
the Encampment Law of the State, (passed on May 23d,) 
there would remain some thousands, whom it would be 
necessary to disband. The preparations for establishing a 
camp or camps under the law were immediately instituted ; 
and the process of disbandment reluctantly commenced, 
according to the instructions of the War Department, with 
reference to all regiments and companies recruited beyond 
the number of the six regiments which the Federal Gov- 
ernment consented to receive, and the five additional regi- 
ments which by law of the State I was authorized to place 
in camp here for instruction and discipline. In the designa- 
tion of companies to constitute six regiments for active 
service, it was impossible to include the companies now in 
question ; and it was under those circumstances, that they 
determined to enter the field at the earliest day ; and being 
excluded from immediate opportunity by reason of the 
administration refusing to Massachusetts a proportionate 
quota to that conceded to New York, sought in New York 
regiments that chance to meet the enemy which I would 
gladly have conceded to them in Massachusetts regiments 
if I had had the power. It was not until late in June — 
some weeks after they had marched away from the State, — 
that permission was obtained at last for Massachusetts to 
send sixteen three-years regiments instead of six. Every 
possible influence was then unsparingly exerted to transfer 

45 



298 SPECIAL MESSAGES. 

these companies to Massachusetts regiments. In the in- 
stance of one company, an Order was passed on August 
24th, directing such a transfer to any incomplete regiment 
selected by the Governor of Massachusetts. Assuming its 
validity, I notified the Adjutant-General of the United 
States Army of my wish to assign the company to join the 
Massacluisetts Battalion at Fortress Monroe, since organized 
into the 29th Regiment ; but no action could be procured 
upon this notification. The whole question of transferring 
any of these companies from their New York connections 
was at last referred by the Department to the General-in- 
Chief, and he, upon hearing and consideration, refused to 
assent to any transfer. Since that refusal no further effort 
for such transfer has been made, and their present positions in 
New York regiments may fairly be regarded as permanent. 
But I have constantly assured those soldiers themselves as 
well as the many persons who have applied on their behalf, 
that every effort would be made to procure the amendment 
of the Act of May, so as to include their needy families. 

Duty requires me further to remember, that when legis- 
lating for the benefit of the families of the irregular force 
described in the Address and the petition on which this bill 
is founded, we are dealing with extraordinary facts. We 
desire to prevent injustice to soldiers supposed to have been 
misled into a position outside of the Massachusetts organi- 
zations. But no one contemplates aiding to create or to 
perpetuate an unlawful force. It is not intended to promote 
any simulated organization, having the form of legal military 
life, but without its power. 

There is no middle ground between a lawful military 
organization and an unlawful one. Persons claiming to be 
military officers are either really and legally such officers, 
possessing true and lawful power to command soldiers, over 
whom they exercise by right and by law, a certain clear and 
definite military authority, for the just exercise of which 
authority they are in their turn, as such officers, responsible 
to the law of the land as it is administered by Courts 
Martial and otherwise ; or else they are in truth not mili- 
tary officers at all, but only usurpers, liable to be punished 
for doing what a proper military officer may justly do and 
what it might be his duty to do, the same circumstances 
occurring within his proper military jurisdiction. 

In one case we have an army, or a lawfully created 
military corps. In the other case we have only a mob, 
simulating the regularity of military form and organization. 

Now it is undoubtedly the purpose of this bill to extend 



SPECIAL MESSAGES. 299 

the benefits of the Act of May, 1861, to the Massachusetts 
soldiers specially referred to in the Address and in the 
petition before mentioned. But it is not the purpose of tlie 
Legislature, I am sure, to do so, unless, nor until, such 
soldiers join some existing lawful regiments, or are duly 
organized and created into a lawful military corps. 

And it is within my power to inform the Legislature, that 
the soldiers referred to by the petitioners have never been 
organized in any form or manner by the Executive of this 
Commonwealth. 

He has appointed and commissioned no officers over them, 
but yet he has consented, and offered to the Secretary of 
War and to the President of tlie United States, to under- 
take the performance of all these duties, just as he performed 
similar functions for the twenty-five regiments, the five 
battery corps, and the various infantry companies contributed 
by Massachusetts for three years' service in the present war. 

The Governor has been requested by the Adjutant-Gen- 
eral of the United States writing in behalf of the Secretary 
of War, to issue commissions to a list of gentlemen dictated 
in writing, irrespective of what the Governor may believe 
or know of their quality or fitness to command, — and that 
too without any previous conference, consultation or com- 
parison of views. Tiiis request he declined to obey, but 
offering to perform his proper duties in the manner already 
indicated and to yield respectful consideration to the recom- 
mendations of the military officer by whom it is understood 
the roster presented had been proposed. 

So recently as the eleventh day of the present month, the 
Governor received a telegram from the President of the 
United States, a copy of which, with his reply thereto in 
writing, and sent by mail to the President on the same day, 
is submitted with this Message for the information of the 
Senate. 

Washington, D. C, January 11, 1862. 
Governor John A. Andrew, Boston : 

I will be greatly obliged if you will arrange somehow with General 
Butler to officer his two unofficered regiments. A. Lincoln. 

Executive Department, Boston, | 
January 11, 1862. j 
To the President of the United Stales: 

Sir, — I have the honor to acknowledge the receipt of your telegram of 
to-day, stating your desire that some arrangements shall be made by which 
I may organize with officers the troops which have been illegally collected 
in this State, by Major-General Butler; and, in reply, I beg to n'])cat 
what I wrote to tlie Secretary of War, on December 28tli, that iftlu- Fed- 
eral Goverment wishes me to organize these men into companies and regi- • 
ments, and to appoint and commission ofiicers, and shall so reijuest and 



300 SPECIAL MESSAGES. 

issue orders accordingly, difficult and thankless as will be the task, I will, 
nevertheless, undertake it, and I should pay the respect to any recommen- 
dations of Major-General Butler due to his rank and position. But I must 
frankly say that there are names which I perceive he would be likely to 
pi'oposc to me, of persons Avliom I could not in conscience appoint, and 
whom to commission would offend both my sense of honor and of duty. 

In the sphere of my proper subordination, obedience is my pleasure as 
well as my duty, but in the sphere of my proper and lawful discretion, 
although limited and inferior, I must use such discretion cautiously and 
respectfully, but with firmness and fidelity ; and the choice of ofiicers is a 
duty not simply ministerial, but discretionary and judicial as to their 
character and qualifications. 

Major-General Butler's proceedings in Massachusetts, in respect to 
recruitment, have been altogether lawless, in violation, especially, of Gen- 
eral Order No. 78 of the War Department, of the series of 1861, and have 
been conducted with both official and personal contempt towards the 
Government of this Commonwealth. 

This has been permitted by the General Government, notwithstanding 
representations of the facts to the Adjutant-General of the Army, and to 
the Secretary of War, for which I beg to refer you to the files of the War 
Department, mentioning especially my letters to the Secretary, of October 
6th and December 28th, and to the Adjutant-General of November 27th 
and December 27th. 

In an ordinary time, such insult by an officer of the Federal Govern- 
ment, and such neglect by that Government to check its continuance or 
prevent its repetition, would have demanded public remonstrance. In a 
time like this, it is the duty of every citizen to bear whatever can be borne 
consistently with honor, and I have been silent towards the public, trusting 
that the Federal Government would at last discontinue the toleration of 
this indignity, practiced towards a Commonwealth which had done nothing 
to deserve it ; and in that trust I remain silent still. 

If you desire more particular details of the action of Major-General 
Butler relative to the Government of Massachusetts, and to his recruitment 
in this State, I respectfully refer you to the Senators of Massachusetts in 
Congress, and to copies of correspondence and documents relating to the 
subject, which are in their possession. 

In my opinion, which I submit with entire respect, there is no necessity 
for the organization at all of the men whom General Butler has thus col- 
lected, and who are, as you state, unofficered. They cannot be required 
for immediate service under his command, for the 28th Regiment of our 
Massachusetts line, which (together with our 26th) I raised for him and 
placed at his disposal, has, after being fully recruited and equipped, been 
ordered to leave the State for entirely another service. They cannot 
render any more effectual benefit to the country than by being used to 
recruit to the maximum standard the IMassachusetts regiments already in 
the field, and particularly the 15th and 20th, which were more than deci- 
mated at Ball's Bluff, and the recruitment for which has been checked and 
embarrassed by the insubordinate competition of General Butler. This 
also would admit their needy families to the benefits of the State law for the 
relief of the needy families of soldiers in regular Massachusetts regiments. 

But if, on the contrary, the Federal Government shall deem it more 
beneficent to the public service, that these men should be organized into 
companies and regiments, and by the appointment of officers, and shall 
request me to undertake that duty in the manner in which I have performed 
it in the instances of the twenty-five regiments which this State has hith- 
erto contributed to the army, exercising my own discretion in all matters 
in the same manner as with those twenty-five regiments, I will assume the 



SPECIAL MESSAGES. 301 

task and perform it according to my best judgment and ability, — and to 
that end, Major-General Butler should be directed to report in accordance 
with the General Order, No. 78, and otherwise to comply with the pro- 
visions of that Order, which as yet he has entirely neglected and disobeyed. 

In event of the Federal Government recpiesting me to undertake the 
organization of these men, I should be pleased to hear more definitely from 
the Secretary of War, with reference to the employment in Massachusetts 
regiments of some of the foreign officers now tendering their services to 
the United States, on which subject he has already addressed me. If there 
are such officers of marked merit, for whom other commands have not been 
secui'ed, it would be possible to issue commissions to some of them, if ade- 
quate reasons should appear for their employment in accordance with the 
request of the Secretary. 

I have the honor to be, with the highest respect. 

Your obedient servant, John A. Andrew. 

On the IStli day of the present month, the Governor 
received the following communication in vi^riting from one 
of the Senators of Massachusetts in the Congress of the 
United States, to both of whom he had fcommunicated 
copies of all documents pertaining to this subject : — 

Washington, D. C, January 10, 1862. 
I am authorized by the War Department to say, that if you will send 
on your programme, with reference to General Butler, it shall be carried 
out and the Department given up. Please let me know your desires. 

Reply was immediately telegraphed that the matter sought 
for was already to be found in the letter just recited, which 
was addressed and sent to the President on the eleventh 
instant. Since then no communication on the subject has 
been received at this Department from the President or the 
Secretary of War, or from any one in their behalf; and the 
only information of any sort received by me, pertaining to 
this subject, is a copy for this Department from the Adjutant- 
General of the United States of what purports to be a part 
of a " Special Order, No. 11." 

• It is in the following figures and words (exclusive of the 
lists of names thereto appended) : 

ISpecial Order, No. 11.] 
" General Butler : — 

" 5. The following lists of officers of the ' Eastern Bay State Regi- 
ment ' Massachusetts Volunteers, raised by authority of the War Depart- 
ment, approved by the President Sept. 12, 1861, is announced for the 
information of all conccrniMl; the commissions to take effect from the 
date of their nmster into service." 

" General Butler : — 

" 6. The following lists of officers of the Western Bay State Regiment 
Massachusetts Volunteers, raised by authority of the War Department, 
approved by the President Sept. 12, 1861, is announced for the informa- 
tion of all concerned ; the commissions to take effect from the dates of 
their muster into service." 



302 • SPECIAL MESSAGES. 

For one of the regiments no Colonel is proposed. For 
the other no Colonel nor Major. The first has ten compa- 
nies of infantry and three of cavalry. Tiie other has six 
companies of infantry. It should be remarked that the law- 
requires ten companies to a volunteer infantry regiment, 
and ten only. Nor, by law, can infantry and cavalry form 
constituents of the same regiment. My correspondent writes 
from Washington, under date of the 20th instant, " General 
Thomas, [Adjutant-General of the United States,] assures 
me there are no other papers or orders relating to the sub- 
ject. There is no name of command^ department, or force, 
than as expressed in these two Speciat Orders.''^ From 
which last remark, it appears that there is a fatal variance 
between the name adopted by the bill under review, and the 
names given by the War Department of the United States 
to the forces whose members it is sought to relieve. 

In view of all these facte and documents I respectfully 
suggest that it is impossible, at this moment, to legislate, 
unless we will hazard the consequences of errors, involving 
uncertainty of construction, difference of construction, 
difficulty of action on the part of the city and town officers, 
disappointment to the soldiers and their families, and heart- 
burnings and controversies hereafter, between the cities and 
towns on the one side, and the Commonwealth on the other. 

By whom, where, and how, were these officers appointed ? 
Are they erroneously '■'• annomiced'" by the Adjutant-Gen- 
eral, not having been appointed at all ? Or, having been 
rightly appointed, by whom, when, how, and by what law 
are they to be commissioned ? 

Is it the purpose of the President to leave it to the Gov- 
ernor somehow to commission these officers ; or does he 
intend to find some other means of imparting to them com- 
missions? Or does he suppose that the Governor has 
already appointed these very officers, and that commissions 
will soon follow ? Or has an effort been made, and is it 
■ now in progress, to over-ride, break down and humiliate the 
Executive of the Commonwealth, in which effort it is hoped 
to involve the President himself, by first gaining a seeming 
approval and support from the Legislature of the Common- 
wealth, in aid of the project ? 

Amid all the trials, confusions, disasters and fears that 
beset this people, they in their hearts, and with clear instinct, 
as well as judgment, have clung to the calm and sheltering 
power of Law. Inspired by the idea of ordered, regulated, 
and constituted Liberty, organized into Law, sovereign and 
serene, — they are fired by the hopeful zeal and strengthened 



SPECIAL MESSAGES. 303 

by the intelligence and faith which have flowed with the 
blood tliey inherit through many generations of freemen. 

But, if by disregarding the landmarks of the Law, we 
unbridle ambition and carelessness, and turn them loose, to 
spite and spurn the restraints found easy and just by the 
dutiful citizen and the cordial friend of right and rule ; — 
if we discourage confidence in order and in law, and invite 
the bloody wrongs and frightful sorrows of the anarchy 
which must follow ; — on what power shall we rely, to wliat 
agency, but the reaction of an exhausted license shall we 
ever look, to restore society to any order or any law ? 
Order may return, but with the loss of Liberty. 

And " Who shall revive the Promethean heat, 
AVho shall that light relume." 

I hope to see these soldiers provided with a lawful and 
appropriate organization ; and that a bill may be carefully 
framed so as to grant the prayer of the petition, and also to 
put the gallant men of our Massachusetts companies now 
regimented with New York volunteers, on that equal foot- 
ing their character both as good citizens and true soldiers, 
and their long services, and their " hope deferred," so amply 
merit and demand. 

[To the House of Representatives, January 28.] 

In answer to the annexed Order of the honorable House, 
I liave the honor to submit the following statement which, 
with the Documents and Reports thereto annexed, it is 
believed exhibits the information required. 

If more minute information should be desired upon any 
item, it will be furnished at the earliest moment consistent 
with the business of the Departments and Bureaus to which 
resort must be had. The extent of the information requested 
by the Order, involving a laborious examination of documents 
and accounts in some of the Departments, is, I trust, a 
suflicient reason for the inability earlier to comply with the 
desire of the House for these details. 

The following table exhibits the names, duties, rank, 
dates (jf appointment, dates of expiration of service, amount 
of pay allowed to, and amount of pay received by, all offi- 
cers of the General Staff of the volunteer militia of the 
Commonwealth, appointed and commissioned by me, by the 
authority of the statutes cited in the Order. Witliin the 
table are included also certain officers, such as the Quartcr- 
mastcr-Goneral, who were appointed previously to the pas- 
sage of said Acts, and by authority elsewhere contained ; 
and it includes also an Assistant-Secretary, who is not a 
commissioned officer. 



304 



SPECIAL MESSAGES. 



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SPECIAL MESSAGES. 305 

The only Military Agents, whose services have been 
employed by me during the past year on military business 
of the Commonwealth, and who at the time of such employ- 
ment did not hold commissions as officers, are included in 
the following enumeration, which also includes all details 
made by me of officers of my staff for special duty beyond 
the boundaries of the State. 

On January 5, 1861, Mr. A. G. Browne, Jr. was sent by 
me to Portsmouth, New Hampshire, and to Augusta, Maine, 
to present to the Executives of those States, certain docu- 
ments concerning the expediency of placing the militia of 
those States in condition for prompt movement to the defence 
of the city of Washington, if a call should be made for 
troops for that purpose ; — and also (at the request of 
responsible gentlemen iu Washington,) concerning organiz- 
ing a national celebration of the anniversary of January 8th. 

For this latter purpose agents were dispatched also to the 
Executives of Vermont and Rhode Island. 

No compensation was received by any of these gentlemen, 
for their services. The travelling expenses of tlie Agent to 
Maine and New Hampshire were reimbursed to the amount 
of 118.90, and those of the Agent to Vermont, Colonel D. 
W. Wardrop, to the amount of $12.13. 

Early in the month of February, Lieutenant-Colonel 
Harrison Ritchie, of my personal staff, was sent by me to 
Washington, for the purpose of consulting with the General- 
in-Ciiief of the Federal army, and with other officers, civil 
as well as military, with reference to the dispatch of troops 
by this Commonwealth for the defence of the city of Wash- 
ington, in event of any emergency which would render the 
employment of militia for that purpose desirable. It is not 
deemed expedient to insert in this communication the report 
made by Colonel Ritchie of his mission. It is sufficient to 
state, that a satisfactory understanding was established with 
the General-in-Chief, and an arrangement effected, according 
to which, if it should be found necessary to dispatch our 
troops, and their way between Philadelphia and Baltimore 
should be obstructed over land, tliey should be directed upon 
Baltimore by sea (landing under cover of its forts,) or upon 
Annapolis and from thence to Washington. 

No compensation has been made to Colonel Ritchie for his 
services or expenses on this duty. 

On xVpril 20th, 18G1, Ex-Governor Boutwell was dispatched 
to Washington on duty described in the annexed certificate, 
marked [A.], whicli is transcril)ed from the files in the office 
of the Auditor. His stay at Washington on this duty, and 

46 



306 SPECIAL MESSAGES. 

at New York for the purpose of consulting with Major- 
General Wool, covered a period of about ten days. Among 
the immediate results of the negotiations with General 
Wool, were the authorization of the dispatch of five militia 
regiments from this State, one only having been asked 
of Massachusetts by requisition from the Federal Govern- 
ment, and the permissions received from the Federal Gov- 
ernment at Washington covering not more than three ; also 
the delivery to Massachusetts of 4,000 Windsor rifles, from 
the Watertown United States Arsenal ; also the permission 
to garrison the Forts in Boston Harbor with Massachusetts 
troops. 

No compensation was received by Governor Boutwell for 
his services ; but his travelling expenses were reimbursed 
to the amount of $169.12. 

On April 20th, an order was passed in Council for the 
appointment of an agent to proceed to Europe, for the pur- 
chase of firearms. A copy of the order is hereto annexed, 
marked [B.]. Hon. Francis B. Crowninshield was immedi- 
ately appointed such agent, and sailed for Europe by the next 
following steamer. A copy of his instructions is annexed, 
marked [C.]. The armorer, Mr. Charles McFarland, who 
accompanied Mr. Crowninshield, remained in Europe after 
the return of the latter in August, for the purpose of super- 
intending the manufacture of arms contracted for by this 
State and others. 

On April 22, an advance was made to Mr. Crowninshield 
of il,000, towards payment of expenses on this service. 
No further payment has yet been made, and the accounts 
of this agency are still open. 

In April and May, Ex-Governor Boutwell was followed at 
Washington by Judge E. Rockwood Hoar, of the Supreme 
Court of Massachusetts, who in addition to the duties above 
described, as those of Governor Boutwell, assumed also the 
.charge of the provisions, clothing, and munitions generally, 
which were forwarded from Massachusetts at that time, by 
the steamers Cambridge and Pembroke, and otherwise. 
Through Judge Hoar, at this same period, most urgent 
efforts were made to induce the General Government to 
accept from Massachusetts additional three-years regiments 
to those which were assigned as the proportion of this State 
under the President's proclamation of May 3d, 1861. 

On May 8th, a proposition was sul)mitted by him in writing, 
to the Secretary of War, offering in behalf of this State, to 
furnish " six regiments for three years or for the war, per- 
fectly equipped,'"' in addition to those allowed ; and on the 



SPECIAL MESSAGES. 307 

same day, the proposition was definitely refused in writing, 
by the Secretary. With the co-operation of the Attorney- 
General of the Commonwealth, Hon. Dwight Foster, and of 
Hon. Henry Wilson, one of the Senators of the State in 
Congress, such aid as the government of Massachusetts 
could furnish to the pecuniary credit of the Federal Govern- 
ment, was tendered to the President and the Secretary of 
the Treasury, through Judge Hoar. In accordance with the 
wishes of the Administration so ascertained, and communi- 
cated to me by the gentlemen above named, the recommen- 
dations were made by the Executive in his Address to the 
Legislature on May 14th, in accordance with which chapter 
217 of the Statutes of 1861 was passed on May 21st. In 
this connection I insert a copy, marked [D.], of a letter 
from the Secretary of the Treasury, acknowledging the 
receipt of some copies of this Act, which at a later period 
of the year were transmitted to him at his request. 

No compensation was received by Judge Hoar or by Mr. 
Foster for services or expenses. 

In the care kindly and efficiently assumed by the former, 
of the military stores forwarded by Massachusetts, he was 
assisted, and upon his return to Massachusetts was succeeded 
by Mr. Charles R. Lowell, Jr., a copy of whose instructions 
is hereto annexed, marked [E.]. 

Upon the books of the Auditor no warrant appears to 
have been drawn in favor of Mr. Lowell for any purpose, in 
reimbursement either of services or expenses, save that by 
the subsequent accounts of Colonel Dalton he appears to 
have received the sura of $58.52 for expenses to Fort 
McHonry and Fortress Monroe. 

Upon the appointment of Mr. Lowell as Captain of Cav- 
alry in the United States Army, near the end of May, his 
duties and instructions were transmitted to Colonel Charles 
H. Dalton, Assistant Quartermaster-General of the State, 
who resided" at Washington, as an official military agent, 
during the greater part of the summer and the beginning of 
autumn. The duties of Colonel Dalton in this capacity, 
were defined by additional instructions received by him from 
time to time, and were so various, as well as delicate and 
important, that to enumerate them minutely, and annex 
copies of all correspondence with him regarding them, 
would require very extensive re-examination of books, 
documents, and accounts. 

In general the duties of Colonel Dalton were to communi- 
cate, in behalf of this Commonwealth, with the officers of the 
Federal Government, concerning all matters of business 



308 SPECIAL MESSAGES. 

detail, in the transactions between the United States and the 
State, during that period ; to press to final adjustment 
certain accounts including those relating to the steamers 
Cambridge and Pembroke ; to have charge of the storage 
and distribution of the provisions and military munitions 
forwarded by Massachusetts to Washington ; and generally, 
to render assistance either to our regiments on arrival at the 
Capital, or to the State Government in accomplishing its 
military business there, according as requested or required. 
His absence from Washington — no officer being placed there 
in his stead — has been keenly felt since the autumn. 

I am advised by the Auditor that no warrant has been 
drawn in favor of Colonel Dalton for any purpose, and that 
he is not aware that any compensation has been received by 
him for services rendered to the Commonwealth. 

Previously to the appointment of a Surgeon-General, in 
June, (that appointment having first been authorized by 
statute passed on May 23d,) the duties of such an officer had 
since the 15th day of April been discharged jointly by Dr. 
William J. Dale and Dr. George H. Lyman. 

No compensation has ever been received by Dr. Lyman for 
his important services. 

Previously to the appointment of a Quartermaster-General 
in April, some of the duties of such an officer, and also of 
Commissary for the militia troops then suddenly assembled 
at Boston, were faithfully performed, under my appointment, 
by Mr. James M. Stone. With the assent of the Executive 
Co.uncil the sum of $15 was awarded in payment for those 
services, but Mr. Stone has declined to receive any compen- 
sation. 

On May 2d, the Sanitary Commission not having then been 
established, Dr. Samuel G. Howe was designated by me to 
perform towards our regiments in the field the duties of 
Sanitary inspection and suggestion now discharged by that 
commission towards all the regiments in the Federal Army ; 
and also to report in detail the condition of our troops in 
other particulars. A copy of his instructions is hereto 
annexed, marked [F.]. Upon his return from the execution 
of these duties. Dr. Howe reported verbally, and subsequently 
on May 2.5th he submitted at my request a written report of 
portions of his observations, a copy of which is annexed, 
marked [G.]. 

No compensation was received by Dr. Howe for his valua- 
ble services ; but his travelling expenses were reimbursed to 
the amount of $84.50. 



SPECIAL MESSAGES. 309 

On June 10th, Lieutenant-Colonel Ritchie, of my Staff, was 
ordered on a similar duty of inspection, with a view particu- 
larly to investigate the foundation for various representations 
which had been made to me unofficially, that our troops 
were suffering from defective equipments and bad rations, 
and also to urge upon the Federal authorities the acceptance 
of additional regiments from Massachusetts. Colonel Ritchie 
reported in writing from time to time, during his absence, 
and verbally, upon his return. His mission was especially 
advantageous in contributing to secure the acceptance of ten 
additional regiments to the six previously assigned to us. A 
copy of his instructions is hereto annexed, marked [H.]. 
Although provision is apparently therein made for the reim- 
bursement of his expenses, no payment has ever been made 
to Colonel Ritchie on that account, nor for his services. 

On May 20th, I received from Mr. Frank E. Howe, of New 
York, a very honorable and generous offer of the gratuitous 
services of himself and his employees in any matters con- 
nected with the passage of our troops through that city. A 
copy of the letter in which this offer was accepted, is hereto 
annexed, marked [I.]. Later in the year, as appears by the 
tabular statement previously inserted, Mr. Howe was ap- 
pointed Assistant Quartermaster-General, with the rank of 
Lieutenant-Colonel. Of the value of his services both to 
individual soldiers and to whole regiments, the history of 
the war affords the amplest proof and many illustrations. 

No compensation has ever been received by Colonel Howe 
for services or personal expenses. 

On August 29th, Quartermaster-General John H. Reed, 
and Lieutenant-Colonel A. G. Browne, Jr., of my Staff, pro- 
ceeded to Washington as Military Agents of the Common- 
wealth, on business described in the annexed certificate, 
marked [K.], transcribed from the papers in the office of 
the Auditor. 

Among the results of this mission may be mentioned the 
collection in cash from the United States of ''i'775,000 on 
account of military expenditures incurred by this Common- 
wealth ; the arrangement for the supply by the United 
States to the Massachusetts Cavalry Regiment of its sabres 
and horse equipments ; the ultimate adjustment of the com- 
missariat of several of our regiments; and the assurance 
by the President and Secretary of War that the recruiting 
system of the State should not be harassed by competition. 

An elaborate and carefully matured system was also 
devised, on consultation with the Quartermaster-General 
of the United States, for the adoption and payment by the 



310 . SPECIAL MESSAGES. 

Federal Government of our future contracts for military 
stores. It was found impossible, however, to arrange with 
General Meigs such a margin in the prices to be assumed, 
as would cover the fluctuations in the prices of military 
goods in tlie market ; and therefore by reason of the rise in 
prices of most of such goods since that date, this system 
has been practically inoperative. 

No compensation was received by General Reed and 
Colonel Browne for services on this duty. Their travelling 
expenses were reimbursed to the amount of 8151.25. 

On October 23d, Lieutenant-Colonel Henry Lee, Jr., of 
my Staff, was dispatched by me to the neighborhood of 
Poolesville and Edwards's Ferry, Md., to render, in behalf 
of the State, every assistance in his power to procure, which 
should be needful in respect to our troops which were 
engaged at the battle of Ball's Bluff; and to collect and 
communicate to the friends of any of the killed, wounded 
or missing, such details as should be important or interest- 
ing ; and also to arrange for the reception at Washington, 
and transmission to the camps of the 15th and 20th Regi- 
ments, of all letters or packages which might be forwarded 
to his care, tliose camps being remote from the Capital and 
difficult of access, and a means of prompt communication 
with them during the few days next following the battle, 
being deemed to be of much importance to all persons 
having friends with our regiments. 

Colonel Lee's services on this duty were acknowledged with 
thanks, by the commanding officers of the 15th and 20tli 
regiments. No compensation was made to him for services, 
but the necessary expenses incurred by him, and by Lieu- 
tenant William P. Lee, Assistant-Quartermaster, on this 
duty, were reimbursed to the amount of 8220.72. 

On December 15th, Hon. Levi Reed, the Auditor of the 
Commonwealth, proceeded to Washington to present the 
Federal authorities the accounts of this State for military 
. disbursements to that month. No formal letter of instruc- 
tions was addressed to him, but the nature of his duties is 
described in the letter annexed, marked [L.]. 

No compensation was received by Mr. Reed for services 
on this agency, but his travelling expenses were reimbursed 
to the amount of 845.50. 

Section 9, of chapter 219, mentioned in the Order of the 
House, authorizes the appointment of a Paymaster for the 
camps established by virtue of that Act. No such officer, 
however, has been appointed ; but whenever occasion has 
arisen to pay money to troops, the business has been done 



SPECIAL MESSAGES. 311 

without the expense of a paymaster. Hon. James Ritchie 
and Hon. James M. Shute, of the Executive Council, have 
been designated from time to time to perform that duty, so 
that no expense accrued to the Commonwealth, save that 
necessarily incident to the travelling by one or the other of 
those gentlemen, to the place of payment. 

As the occasion for drawing warrants, and similar duties, 
called for almost constant sittings of the Council during the 
past year, it was apparent that many duties might be prop- 
erly assigned to Councillors and performed by them without 
compensation in addition to their regular per diem when 
in attendance ; and in adopting that idea, duties of great 
responsibility and importance were assigned to and performed 
by gentlemen elected directly by the people, instead of by 
others who might have been appointed by the Executive. I 
beg leave to remark, however, that while I am still of opinion 
that it was the better method under the peculiar circum- 
stances of the last year, when we could never know but 
little in advance what troops were wanted, or what labors 
were demanded, yet under other circumstances it would 
doubtless be more methodical to vest such duties in regular 
Departments, subject to supervision by the Executive, and 
to the duty of frequent and detailed reports. 

The storehouse for clothing and personal equipments was 
placed under the charge, first, of Hon. James Ritchie, of 
the Council ; and afterwards ai his request, Messrs. Sleeper 
and Hayden of the Council were associated with him in this 
charge. 

To a committee of the Council, consisting of Messrs. 
Hugh W. Greene, John I. Baker and Cakes Ames, was 
assigned the duty of making contracts and purchases of 
military supplies ; and Messrs. Jacob Sleeper, Joel Hayden, 
and E. C. Sherman were appointed a committee to examine 
and pass upon all military accounts of every kind, and their 
report was required in each case as a condition precedent to 
the signing of the warrant. 

In addition to the details thus given of officers and 
agents appointed directly by myself, the annexed reports from 
the various military bureaus — from the Adjutant-General, 
marked [M.], the Quartermaster-General, [N.], the Master 
of Ordnance, [0.], the Commissary-General, [Q.], — it is 
believed supply all the remaining information required by 
the House. 

In the Tables appended to the Report from the office of 
the Adjutant-General, are contained the details desired 
respecting all officers not comprised within the exception 



312 SPECIAL MESSAGES. 

provided by the Order of the House, who were designated 
for the organization and drill of companies, for the 
examination of candidates for commissions, for the command 
of various military camps, for the recruiting service, and 
for the care of military stores belonging to the Common- 
wealth. 

In the Tables furnished by the Surgeon-General will be 
found similar details concerning the medical commissioners 
appointed in conformity to the requirements of the War 
Department, for the examination of candidates for appoint- 
ment as Surgeons of the volunteer regiments ; and also 
concerning all gentlemen of the medical profession who have 
been designated from time to time for the examination of 
recruits. The Commonwealth owes much gratitude to this 
profession for the cheerful unanimity with which its mem- 
bers in every section of the State have rendered gratuitously 
the most important and valuable services whenever requested, 
and without stopping to count personal inconvenience, or 
cost, or time. 

It will be observed that whenever the services of agents 
have been required to visit Washington, or the camps in its 
vicinity, for military purposes, selection has been made, so 
far as practicable, of gentlemen of my personal, and of the 
General Staff, who would perform such duties without 
compensation for personal services ; but there have been few 
instances when these services .have thus been rendered, in 
which it has been deemed proper that these gentlemen 
should remain without reimbursement of their expenses 
necessarily incurred on such duty. In the instances, how- 
ever, of which there have been several during the past year 
on which the Governor has been called from Boston to 
Washington and elsewhere on public business, no charge for 
his expenditures has been made against the treasury. 

It will also be noticed, that no compensation for services 
has been received, nor fixed upon for the Quartermaster- 
~ General, to whom the public service is greatly indebted for 
his energetic and successful labors ; nor any compensation 
for the gentlemen commissioned as assistants in his depart- 
ment, including the present Master of Ordnance ; and I am 
authorized to declare, that none was expected or is desired. 
To all these gentlemen I may be allowed to confess my 
personal obligations and sincere gratitude. 

[To the House of Keprescntatives, January 30.] 

It becomes my duty to represent to your honorable body 
the condition of some twenty or more Massachusetts men 



SPECIAL MESSAGES. 313 

now sustained by charity in the city of Baltimore, ]\[aryland, 
who have been deceitfully induced to leave their homes, by 
a person falsely pretending to be a military officer of tlie 
United States. 

I am advised that these men were induced to repair to 
Baltimore under the promise of employment, in military 
service, as mechanics, at good wages, but not as enlisted 
men ; and that on arrival there they found that the only 
position oifered them was that of private soldiers in some 
Maryland military organization. 

Many, if not all of these men (of whom it is said that 
one hundred and twelve, in the whole, were thus induced to 
leave their homes in Massachusetts) were heads of families, 
needing for the support of those dependent on them, the 
wages they hoped to earn by going abroad, or else the 
rewards of such labor as they might have obtained at home. 

Some of this number are supposed to have enlisted in 
Maryland, in despair at the forlorn condition in which they 
found themselves, away from home, without money or 
friends, and discouraged by disappointment. 

Others have made their own way back to Massachusetts ; 
but still others now remain at Baltimore sustained by the 
kindness of a relief association, while engaged in efforts to 
communicate with Massachusetts and procure the means for 
transportation to their homes. 

In reply to a communication from Major-Gen eral John 
A. Dix, the Federal military commandant of that city, I 
have, since no law authorizes me to do so officially, assumed 
personally the expense of transportation of the twenty 
men first mentioned, in order to enable them to reach 
Massachusetts without more delay. And, should it meet 
the approbation of the General Court, I recommend that 
an appropriation be made to defray such expenditure. 

I beg permission to add that I am induced to make this 
communication less for the sake of this appropriation, than 
for the purpose of giving publicity to this case of fraud 
upon our people, and of suiTcring, as its consequence, to 
those thus deceived and allured into another service. 

And I am impelled to take this occasion to urge the 
Legislature to unite with the Executive Department in 
endeavoring to prevent the repetition of such wrongs. I 
have by all proper means known to me, endeavored to 
discourage and prevent all these irregular and irresponsible 
recruitments, and to keep all Massachusetts men in the 
regular regiments of the Commonwealth, where their con- 
dition, rights and liabilities are settled and ascertained, 

47 



314 SPECIAL MESSAGES. 

and where the care of the State can most easily reach and 
protect them. 

Since that period in June last when leave was obtained 
for this State to furnish ten regiments additional to those 
we were first allowed, there have always been ample oppor- 
tunities for Massachusetts men to enter military service in 
the ranks of the corps of infantry, cavalry and artillery, 
required by the United States government, and raising or 
raised in this State. And at this moment there is room for 
such, in our Massachusetts regiments now in the field whose 
ranks are necessarily thinned from day to day by the casual- 
ties of war. 

Of late, Massachusetts has come to be considered an 
appropriate ground for irregularities and dishonest practices, 
to the great injury of the service, and with great injustice to 
our own people. And I earnestly invoke the aid of the 
General Court in the use of all the means its wisdom may 
suggest, to deliver the State and its people from the causes 
of these wrongs and sufferings, and to secure the restoration 
of a regular, safe, and domestic system of recruitment, 
which shall give to all persons an opportunity of enlisting 
at home, and to the State the credit for all the soldiers it 
furnishes. 

I am informed that irregular recruiting offices have been 
opened at Boston, where men are now daily enlisted under 
inducements which I have reason to believe are in part 
deceitful, into military corps of other States; and that these 
offices have agents for similar purposes in the country 
districts. 

I cannot doubt that it is within the competency of the 
General Court to legislate for the prevention and punish- 
ment of these fraudulent practices, and to affix stringent 
criminal penalties to the act of thus enticing men or 
endeavoring to entice them into military service, under false 
pretences, whether by word of mouth, or by written or 
' printed placards or advertisements ; and I respectfully 
submit that it is a subject appropriate for such legislation. 

In the remarks thus made no allusion is intended, by 
even the remotest implication, to the general system of 
recruitment for regiments in the field, defined by General 
Order of the Federal War Department, issued on December 
3d, in which system it will afford the State authorities 
constant and cordial pleasure to co-operate with those of the 
United States. 

But it is intended and desired to recommend such legisla- 
tion as shall root out such fraudulent practices as those 



SPECIAL MESSAGES. 315 

under which the Massachusetts men described as recipients 
of public charity in Baltimore, were enticed from their 
homes. 

[To the House of Representatives, Febiuar)' 10.] 

I have the honor to inform the General Court that in 
obedience to the Resolve of January 27th last, entitled a 
" Resolve to assume the collection and payment of the direct 
national tax," I on that day forwarded to the Secretary of 
the Ti-easury of the United States the notice required by 
said Resolve, an acknowledgment of the receipt of which 
notice has been received by me from the Secretary, under 
date of February 6th, a copy of which acknowledgment is 
hereto annexed. 

[To the House of Representatives, February 20.] 

I had the honor to receive the Order of the House of the 
30th day of January, requesting me " to furnish to the 
House all bills which have been paid out of the treasury of 
the Commonwealth on account of the Reform School at 
Westborough, the School-ship connected with the same, the 
Industrial School at Lancaster, and the Board of Education,* 
during the two yeai's last past." 

Owing to the statutory provisions relating to the three 
institutions first named, they are governed each by laws 
peculiar to itself, each having a treasurer to whom tiie 
appropriations made by the authority of the General Court 
are paid from time to time, in such sums and proportions as 
may be necessary ; and these appropriations are disbursed 
under the direction, control, and supervision of the respec- 
tive Boards of Trustees of these institutions, by whom also 
the accounts of their disbursing officers are by law audited. 

The bills which I am requested by tlie House to furnish, 
were not therefore within the immediate control of this 
Department, nor were they " paid out of the treasury," in 
the sense in which the proper expenses of the Commonwealth 
are paid therefrom ; but they were paid out of the respec- 
tive treasuries of the institutions themselves, which 
treasuries are periodically replenished out of that of the 
Commonwealth. 

In order, however, to enable the Honorable House, through 
any of its members or committees, to examine the original 
vouchers for the expenditures of these institutions during 
tlie two years covered by the Order of January 30th, I 
requested their treasurers to place them in my hands for the 
use of the House ; and I have the honor to inform the 



316 SPECIAL MESSAGES. 

House that they are now deposited in the custody of the 
Auditor of the Commonwealth, for that purpose. 

Of the appropriations made for educational purposes, 
those in aid of the American Institute of Instruction, the 
Massaclmsetts Teachers' Association, and Teachers' County 
Associations, are paid, as bounty, directly to the treasurers 
of those associations ; the appropriation for Teachers' 
Institutes is paid to the Secretary of the Board of Education, 
and by him disbursed as necessity requires ; and the appro- 
priations for the support of Normal Schools, for aid to 
attendants of Normal Schools, and for the support of State 
Scholarships, are paid to the Treasurer of the Board of 
Education, wiio. Tinder the direction of said Board, is 
charged with their disbursement. 

For other educational disbursements accruing under 
appropriations, — for the Secretary's expenses, the members' 
travelling expenses, for the Agent of the Board, and the 
incidentals of the Board, — vouchers are on file in the 
Auditor's Department, subject to examination by the House. 

In reply to a communication which I transmitted to the 
Treasurer of the Board, covering a copy of the Order of the 
* House, he has forwarded to me chronological accovmts of all 
his disbursements during the last two years, together with 
the vouchers, as reported by him to the Board, and approved 
by their committee, which accounts and vouchers I have 
deposited in the custody of the State Auditor, in the like 
manner, and for the same purposes as the vouchers and 
accounts of the treasurers of the institutions first mentioned. 

[To the House of Representatives, February 21.] 

I have the honor to transmit to the House copies of certain 
correspondence between the Adjutant-General of this Com- 
monwealth, and Major Strong, Assistant Adjutant-General 
on the staff of Major-General B. P. Butler, of the United 
States Volunteers, commanding the Department of New Eng- 
land, in November last, relating to the disposition to be 
made of the 28th Regiment of Massachusetts Volunteer 
Infantry, (being the same regiment assigned by me to Gen- 
eral Butler, with his assent, under date of October 5,) inci- 
dentally bearing upon the recruitment of troops concerning 
which information was asked by the Order of the House of 
the thirteenth day of January. 

The existence of this correspondence was not known to the 
gentleman to whom the task was intrusted of searching the 
files of this Department for the material required in order to 
comply with the request of the House ; and it was overlooked 



SPECIAL MESSAGES. 317 

by my own inadvertence in not informing him thereof. The 
fact of such correspondence had been known to myself per- 
sonally, though not to him. The copies sent to the House, 
up to the date of the Order of the House, had been already 
prepared and arranged chronologically for my own conven- 
ience, and were transmitted to the House without re-copying. 

A letter of Mr. Charles Everett to myself, replied to by the 
Adjutant-General, is, with the reply, transmitted herewith. 
They relate directly to the subject of the Order of the House, 
but both being on the files of the Adjutant-General, and not 
upon my own, were likewise omitted. 

The absence of the Adjutant-General and of myself, on 
duty elsewhere, and the delays incidental to careful searches 
for documents in both offices, have delayed the earlier trans- 
mission of these documents ; but I trust that the want of 
them has occasioned no inconvenience to the honorable 
House. 

I beg leave to remark that I have received many commu- 
nications in writing from soldiers in the bodies of troops 
since organized into the 30th and 31st Regiments of Massa- 
chusetts Volunteer Infantry, which, by a liberal construction 
of the Order of the House, would be included within its 
terms ; but while they tended to illustrate my own duties and 
to influence my performance of them, I have felt bound, for 
controlling reasons, to regard them, as I do generally the 
letters of all our soldiers addressed to myself, as entitled to 
the protection of strict confidence. 

I desire to add that I find that by clerical error the name 
of one of the gentlemen who united in commending to me 
Colonel Wyman, as mentioned in a letter addressed by me 
to Major-General B. F. Butler, on January sixth, is omitted 
in the copy furnished of that document. It is that of Colonel 
Charles Amory, than which no other was more influential 
upon my mind in respect to the matter in reference to which 
it was employed. 

I believe that the annexed documents, with those hereto- 
fore transmitted, include all which are properly responsive 
to the Order of the House. Should any otiicrs be found, 
they also will be transmitted. ^ 

[To the Senate, February 24.] 

I have the honor to transmit through you to the General 
Court, the accompanying communication received from one 
of the Executors of the last will and testament of the late 
General William II. Sumner, concerning the disposal of two 
portraits, be(iueathed by General Sumner to the Common- 



318 SPECIAL MESSAGES. 

wealth, on the condition of their seasonable acceptance. 
And I would respectfully add that I shall cordially unite 
with the Legislature in the acceptance and in the appropriate 
acknowledgment and disposition of these memorials of per- 
sonages long since numbered with the departed, but who 
were once conspicuous actors in the history of Massachusetts, 
and whose features thus delineated on canvas " art has pre- 
served from the common decay." I am, with great respect, 
your obedient servant. 

[To the Senate, March 5.] 

I respectfully transmit for the information of the General 
Court a copy of certain Resolutions recently adopted by the 
Government of the State of Maine, relating to duties on wool, 
and on agricultural products generally. 

The subject is one of great interest to the husbandmen of 
Massachusetts, and deserves the most careful and respectful 
attention. 

[To the Senate, April 7.] 

A clause contained in the Bill which originated in the 
Senate and is entitled, ^'■An act to divide the Commomvealtk 
into Districts for the choice of Representatives in the Con- 
gress of the United States,^' — requiring the people of each 
Congressional District to limit their choice for Representa- 
tive in Congress, to an inhabitant of the District, — compels 
me, with much reluctance, to return the Bill to the honora- 
ble Senate, for its revision. And in order to present with 
clearness and precision the reasons which forbid the 
Executive signature to the Bill, I beg to call attention, at 
the outset, to all the language of the Constitution of the 
United States which bears upon the subject : 

Constitution of the United States, Article I., Section 2. 
*' 2. No person shall be a representative who shall not have attained to 
the age of twenty-five years, and been seven years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that State in 
which he shall be chosen." 

Constitution of the United States, Article /., Section 4. 
"1. The times, places, and manner of holding elections for senators 
and representatives, shall be prescribed in each State, by the Legislature 
thereof; but the Congress may, at any time, by laAv, make or alter such 
regulations, except as to the places of choosing senators." 

Congress, in the exercise of its power created by the 4th 
section of the 1st article, above cited, to " make or alter 
such regulations " concerning " the time, places, and man- 
ner of holding elections for * * Representatives," (which 



SPECIAL MESSAGES. 319 

were originally left to " be prescribed in each State, by the 
Legislature thereof,") passed, in the year 1842, an Act in 
which the States are required to be districted for the choice 
of Representatives in Congress. 

" In every case where a State is entitled to more than one representa- 
tive, the number to which each State shall be entitled, under this appor- 
tionment, shall be elected by districts composed of contiguous territory, 
equal in number to the number of representatives to which said State 
may be entitled, no one district electing more than one representative." — 
lActs o/'1812, chapter 47, section 2.] 

The authority under which the legislature of this Com- 
monwealth acts, in legislating upon the subject of electing 
representatives in Congress, is wholly derived from the 
clauses of the Constitution of the United States before 
cited, and from this Act of Congress, of 1842 ; and I am 
constrained to believe that no right or power has ever been 
granted to the legislature of a State to limit the freedom 
of the people in their choice of representatives by means of 
any such provision as that contained in the Bill which I 
herewith return. I am convinced that this freedom is 
unlimited and irrestrainable, save by the Constitution of the 
United States itself. 

Guided to this result by the light of authorities which 
command universal regard, I deem it more respectful to 
allow them to speak for themselves, by the adoption of their 
own language so far as reasonable limits of quotation will 
permit me to present them. 

Mr. Justice Story, in his Commentaries on the Constitution 
of the United States^ examined, in a thorough and vigorous 
discussion, the question " Whether the State can superadd 
any qnalifications to those prescribed by the Constitution of 
the United States.^' Judge Story says : — 

" If a State legislature has authority to pass laws to this effect, tliey 
may impose any other qualifications beyond those provided by the Consti- 
tution, however inconvenient, restrictive, or even mischievous they may 
be to tlie interests of the Union. Tlie legislature of one State may require 
that none but a Deist, a Catholic, a Protestant, a Culvinist, or a Univcrsa- 
list, shall be a representative. Tlie legislature of another State may 
require that none shall be a representative but a planter, a farmer, a 
mechanic, or a manufacturer. It may exclude merchants, and divines, 
and physicians, and lawyers. Another legislature may require a liigh 
moneyed qualification, a freehold of great value, or personal estate of great 
amount. Another legislature may require that tlie party shall have been 
born, and always lived in tlic State or District ; or that lie shall be an 
inlial)itant of a particular town or city, free of a corporation, or an eldest 
son. In short, there is no end to tlie variety of (jualifications, wliicli, 
without insisting u{)on extravagant cases, may be imagined. A State may 



320 SPECIAL MESSAGES. 

with the sole object of dissolving the Union, create qualifications so high 
and so singular, that it shall become impracticable to elect any represen- 
tative."— [S'tor?/ on Const., Sect. 624.] 

" It would seem but fair reasoning upon the plainest principles of inter- 
pretation, that when the Constitution established certain qualifications as 
necessary for office, it meant to exclude all others as prerequisites. From 
the very nature of such a provision, the affirmative of these qualifications 
would seem to imply a negative of all others." — \_Idem, Sect. 625.] 

The power attempted to be exercised by means of the 
clause of this Bill now under consideration, has sometimes 
been thought to be justified by that Article of Amendment 
of the Constitution of the United States, which provides 
that " the powers not delegated to the United States by the 
Constitution, nor prohibited by it to the States, are reserved 
to the States respectively, or to the people." 

But this suggestion is disposed of by Judge Story, in the 
following conclusive argument : — 

" * * * 'j'jjg -whole of this reasoning * * * proceeds upon 
a basis which is inapplicable to the case. In the first place no powers 
could be reserved to the States except those which existed in the States 
before the Constitution was adopted. The amendment does not profess, 
and, indeed, did not intend to confer on the States any new powers, but 
merely to reserve to them what were not conceded to the government of 
the Union. Now, it may properly be asked, where did the States get the 
power to appoint Representatives in the national government ? Was it a 
power that existed at all, before the Constitution was adopted ? If derived 
from tlic Constitution, must it not be derived exactly under the qualifica- 
tions established by the Constitution, and none others ? If the Constitu- 
tion has delegated no power to add new qualifications, how can they claim 
power by the mere adoption of that instrument, which they did not before 
possess ?" — \_Story on Constitution, Sect. 626.] 

" The truth is, that the States can exercise no powers whatsoever which 
exclusively spring out of the existence of the national government, which 
the Constitution does not delegate to them. They have just as much right, 
• and no more, to prescribe new qualifications for a Representative, as they 

have for a President. Each is an officer of the Union, deriving his powers 
and qualifications from the Constitution, and neither created by, depen- 
dent upon, nor controlable by, the States. It Is no original prerogative of 
State power, to appoint a Representative, a Senator, or President, for the 
^ Union. Those officers owe their existence and functions to the united 
voice of the whole, not a portion of the people. Before a State can 
assert the right, it must shoAV that the Constitution has delegated and 
recognized It. No State can say that it has reserved what it never 
possessed." — lldem, Sect. 627.] 

" Besides, Independent of this, there is another flindamental objection 
to the reasoning. The whole scope of the argument is to show that the 
legislature of the State has a right to prescribe new qualifications. Now 
if the State In its political capacity had It, It would not follow that the 
legislature possessed it. That must depend upon the powers confided to 
the State legislature by its own Constitution. A State, and the legislature 
of a State, are quite different political beings. Now It would be very 
desirable to know In which part of any State Constitution this authority, 
exclusively of a national character, is found delegated to any State legis- 



SPECIAL MESSAGES. 321 

lature. But this is not all. The amendment does not reserve the powers 
to the States exclusively, as political bodies ; for the language of the 
amendment is, that the powers not delegated, &c., are reserved to the 
States, or to the people. To justify, then, the exercise of the power by a 
State, it is indispensable to show that it has not been reserved to the people 
of the State. The people of the State, by adopting the Constitution, 
have declared what their will is as to the qualifications for oflice. And 
here the maxim, if ever, must apply, expressio imius est exclmio alterius. 
It might further be urged that the Constitution, being the act of the wliole 
people of the United States, formed and fashioned according to their own 
views, it is not to be assumed as the basis of any reasoning, that they have 
given any control over the functionaries created by it, to any State, 
beyond what is found in the text of the instrument. When such a control 
is asserted, it is matter of proof, not of assumption ; it is matter to be 
established as of right, and not to be exercised by usurpation until it is 
displaced. The burden of proof is on the State, and not on the govern- 
ment of the Union. The affirmative is to be established ; the negative is 
not to be denied, and the denial taken for a concession." — lldem, Sect. 
628.] 

" In regard to the power of a State to prescribe the qualification of 
inhahitancy or residence in a district, as an additional qualification, there 
is this forcible reason for denying it, that it is undertaking to act upon 
the very qualification prescribed by the Constitution as to inhabitancy in 
the State, and abridging its operation. It is precisely the same exercise of 
power on tlie part of the States as if they should prescribe that a Repre- 
sentative should be forty years of age, and a citizen for ten years. In 
each case the very qualification fixed by the Constitution is completely 
evaded, and indirectly abolished." — [/f/e??i, Sect. 629.] 

The subject did not escape the notice, also, of Chancellor 
Kent, in his Commentaries on American Law. He did not, 
however, indulge in any extended discussion, but in a single 
allusion emphatically declares his own opinion, and disposes 
of the topic. 

" The question whether the individual States can superadd to, or vary 
the qualifications prescribed to the Representative by the Constitution of 
the United States, is examined in Mr. Justice Story's Commentaries on 
the Constitution. But the objections to the existence of any such power 
appear to me to be too pal])able and weighty to admit of any discussion." 
— [1 Kent's Co7nin., pp. 229, Note.^ 

The precise question we are considering arose in Congress 
in the year 1807. Under the clause of the 5th section of 
the 1st article of the Constitution, which provides that 
" Each House shall be the judge of the elections, returns, 
and qualifications of its own members," the House of Rep- 
resentatives was called to pass u})on the validity of the 
election of William McCrccry, of Maryland, who had been 
returned as a member, althougli wanting in the qualification 
of residence or inhabitancy required by the local law of 
Maryland. The case was investigated by very elaborate 
discussions, in long debate ; and the right of Mr. McCreery 

48 



322 SPECIAL MESSAGES. 

to his seat, against the contestant, was determined by a vote 
of 89 to 18. 

In this important debate, held now fifty-five years ago, I 
cannot forbear to mention that one eminent citizen partici- 
pated as a Representative from Massachusetts, who still 
remains to us, an interested, patriotic, and patriarchal spec- 
tator of public affairs, in which for more than half a century 
he bore a part so conspicuous. I allude to Josiah Quincy, 
whose venerable age and illustrious character entitle the 
opinions he expressed to be cited with the force of authority. 

He insisted that " This was a right reserved to the people 
and not to the States. * * He would not * * enter 
into any inquiry on the question of expediency, because 
according to his view, and clear conception of the Constitu- 
tion, he could not consider an attempt made by a Legislature 
of any State to annex qualifications, in any other light than 
as a direct violation of the rights reserved to the people.'^ — 
[See Clark Sf Hall, Cont. Elections, pp. 203.] 

In recapitulating his argument Mr. Quincy contended ; 
1. That the right to be elected, was a right of the people 
which they had reserved to themselves, except as limited by 
the Constitution. 2. That they had not given to Congress 
the power to increase the number of qualifications, because 
it came within neither " time," " place," nor " manner." ' 
3. That if the House should determine that the States had 
a power to annex these additional qualifications, they would 
sanction in the States an exercise of authority which could 
not be justified by the Constitution of the United States. 

In the year 1856 the question arose in both Houses of 
Congress, whether a State may by its own Constitution 
superadd qualifications for membership to those required by 
that of the Union ; and in each House, on full discussion, 
the rights of the sitting members were affirmed notwith- 
standing that such members were ineligible to election 
under the Constitution of Illinois where they were chosen. 

The cases were, that of Judge Trumbull, elected by the 
legislature of Illinois to the Senate of the United States, 
and chosen also by the people of one of the districts of 
Illinois to a seat in the other branch of Congress, — and that 
of Judge Marshall, elected representative by the people of 
another Illinois district. Judge Trumbull resigned his seat 
as a member of the House, preferring to assume the position 
of Senator. The objection was urged both as to himself 
and Judge Marshall, that they were ineligible by reason of 
the following clause in the Constitution of Illinois, viz. : 
" The Judges of the Supreme and Circuit Courts shall not 



SPECIAL MESSAGES. 323 

be eligible to any other office of public trust or profit, in 
this State or tlie United States, during the term for winch 
they were elected, nor for one year thereafter." The debate 
in the Senate was led by Mr. Crittenden, of Kentucky, who 
offered a resolution declaring that Mr. Trumbull was entitled 
to his seat. In the course of a very clear and discriminating 
speech in its support, Mr. Crittenden remarked : — 

" It is now supposed, by those who contend that Mr. Trumbull is not 
entitled to his seat, that it is competent for a State, by its Constitution, 
and I suppose they would equally contend, by any law which the legisla- 
ture might from time to time pass, to superadd additional qualifications. 
The Constitution of the United States, they say, has only in part regulated 
the subject, and therefore it is no interference with that Constitution to 
make additional regulations. This, I think it will be plain to all, is a mere 
sophism, when you come to consider it. If it was a power within the 
regulation of, and proper to be regulated by the Constitution of the United 
States, and if that Constitution has qualified it, as I have stated, prescribing 
the age, prescribing the residence, prescribing the citizenship, was there 
any thing more intended ? If so, the framers of the Constitution would 
have said so. The very enumeration of these qualifications excludes the 
idea that they intended any other qualifications. That is the plain rule 
of ordinary construction." — \_Cong. Globe, 34/A Cong., Part /., pp. 547, et 
scq.-] 

Even such an extremist in the doctrines of State rights, as 
■ Mr. Mason, of Virginia, said : 

" I do not see how it is possible to allow to the State legislatures 
(although perhaps I might have been better satisfied if it had been allowed 
to them,) power to place any other qualifications or disqualifications than 
those imposed by the Constitution, without changing and impairing the 

frant of power vested by the Constitution of the United States in the 
legislature." — \_Idem, pp. 579.] 

The resolution of Mr. Crittenden was adopted in the Sen- 
ate, by a vote of 35 to 8, and in the similar case of contested 
election in the House, the result arrived at was similar, and 
not less decisive. And I may add that in at least two other 
cases involving the same principle, Senators of the United 
States have held their seats without challenge or objection. 

The conclusion to whicli, after an.xious deliberation and 
research, my own mind is compelled, is that the clause in 
this Bill attempting to confine the range of selection for a 
Representative in Congress, to the district for which he may 
be chosen, would be a clear usurpation of a popular rigiit. 
Neither Congress, nor any State legislature, nor any other 
governmental agency, has any authority to control the people 
in their free right to select their mcml)ers of Congress, 
restrained only by the limitations which they imposed upon 
themselves in the Federal Constitution. 



324 SPECIAL MESSAGES. 

The legislature, in laying out the State into Congressional 
Districts, acts under a power conferred by the Federal Con- 
stitution ; since all powers relating to the choice of officers 
created thereby, spring from that instrument. And the legis- 
lature can have no power in the premises which the people 
have not by the terms and meaning of the Federal Constitu- 
tion, conferred upon it. The selectmen of the smallest town 
in the Commonwealth, in issuing their warrant notifying 
the people to come to the polls and give in their votes, liave 
as much right to attempt to limit them in their range of 
selection, as has the whole government of the Common- 
wealth. 

Tliis conclusion seems to me so clear that I cannot escape, 
nor evade it ; and if I should affix my official signature to 
this Bill, I should feel myself guilty, with my present convic- 
tions, of seeking to usurp an ungranted power, and to affect 
a guardianship over the judgment and opinions of the people 
of the Commonwealth. Ours are representative governments, 
based on democratic ideas, their powers limited by written 
constitutions. Each of these elements must always be 
remembered, for they are all required to test our powers of 
government and the methods of administration. And what 
can be a more significant offence against democratic ideas 
than for the government to assume to govern and guide the 
popular choice, — especially in the exercise of that most 
sovereign right, the elective franchise, — by the assumption 
of undelegated power ? This is a case, moreover, in which 
all the doubts, if there are any, must weigh against the 
power of the legislature, not in its favor. There are cases 
in which the doubts are to weigh in favor of a power. For 
example, for the purpose of redressing individual wrongs 
and grievances, asserting and vindicating rights, curing or 
preventing public or private injuries or evils, and punishing 
flagrant crimes, it is the part of a good magistrate to amplify 
his jurisdiction, because it is the office and design of govern- 
ment to secure right and justice, protect the weak and pre- 
vent wrongs. But this is not within that category. This is 
a case between the powers of the legislature on the one 
hand, and the powers of the people in their primary capacity, 
on the other. It is a question whetlier the people, in whom 
all the sovereignty of this government resides, have parted 
with their original, private, personal, individual, and impre- 
scriptable right and power to choose whom they will to 
represent them in Congress, any further than they have done 
so by the specific limitations they imposed on themselves in 
the Federal Constitution. And until I see that the people 



SPECIAL MESSAGES. 325 

have clearly imparted to the State Government the power to 
restrain them, I cannot but regard any statute which affects 
to do so, as a usurpation of their undelegated powers and a 
violation of their sovereign rights. 

As to the expediency of such a provision, were it compe- 
tent for us to make it, I would not presume to review the 
judgment of the Senate and House. Their wisdom would 
be my -guide. But constrained by my own duty to obey the 
supreme law, and therefore to examine in its unvarying 
light every Bill presented for signature, I cannot shelter 
myself behind even their great authority, if accused in my 
own conscience of transcending the proper powers of the 
Constitution. 

It has been suggested, that if this Bill is an usurpation of 
power in the particular questioned, then Massachusetts lias 
for a long time had upon her statute-book a law open to the 
same objection. But the former inadvertent adoption of an 
unconstitutional act of legislation cannot, surely, be pleaded 
as authority for its repetition. Tiie former adoption of a 
statute is a fact not to be forgotten when considering the 
question of constitutionality, since there is a certain pre- 
sumption that what the legislature has heretofore done, has 
been done rightly ; and I have given full weight to that 
presumption, in my own mind. But still it does not pre- 
ponderate over the weight of great juridical authority, and 
over the solemn judgments of the Houses of Congress, 
repeatedly rendered in the regular exercise of their distinct 
constitutional powers, and uncontrolled by the influences of 
party. 

So, too, it has also been suggested that, if the criticism of 
the unconstitutionality of the clause in question is correct, 
then our members of Congress, elected for many years under 
just such an Act, have been unconstitutionally chosen. 
Tliis, however, is a sophism. Those who have been seated 
in the House of Representatives, from Massachusetts, have 
received the requisite votes of the people; and if the people 
have selected, as members, persons inhabiting the districts 
for which they were chosen, the legal presumption is that 
the people did so because they chose to do so, not because 
an unconstitutional law so directed. In other words, their 
choice, and the direction of the law, were coincident in the 
particular cases. Even if it were true that, in any instance, 
the people thought tiiey were bound by tiie law, and so 
followed it, when they would have preferred to have done 
otherwise, the election was, nevertheless, constitutional, 
because they apparently and professedly chose the candidate 



326 SPECIAL MESSAGES. 

for whom they voted, being, in truth and in fact, free to 
liave done otherwise, and duress is not to be presumed 
without proof. 

It is urged, further, that it is extremely undesirable that 
persons should be elected to Congress who do not reside 
among their constituents. That may be so. As a rule I 
think that it is so. But of the application of the rule, and 
of the exceptions to it, the people are the best judges ; and 
they have reserved to themselves the right and the power to 
judge. How can we, then, presume to prejudge their judg- 
ment and impose on them our own ? And I think that the 
people have rightly reserved to themselves that power ; for 
the mere fact of legal domiciliation, in a given instance, 
does not always render one more familiar with the District 
in which his domicile is cast than with others. 

For example, I cannot think that Daniel Webster was 
more familiar with the Plymouth District and its people, 
merely for the fact of his legal domicile in Marshfield, where 
he spent a few weeks of the year, than he was with the 
people and interests of the Boston District, where he had 
resided for years, and where were the seat and centre of his 
political, social, and business life. Nor can I think that 
the transference of the town of Quincy from one District 
to another, rendered John Quincy Adams any more or less 
fitted to represent either the one or the other of them. Nor 
would it surprise me if the people of one of the new Boston 
Districts should think a gentleman not unworthy to repre- 
sent them, whose business pursuits, whose children's school, 
whose clmrch, whose family and social ties and interests, 
are all within its borders, but who may customarily sleep 
and vote in some ward not included within the territory of 
such District. The necessary division of the city of Boston 
between two Districts, affords a perfect test of the unsound- 
ness of making an iron rule in the premises, and of the 
wisdom of the people in reserving the right to judge in the 
matter for themselves. 

I have sought anxiously for some excuse which would 
justify me to myself in signing this Bill. I have reflected 
that, after all, the provision of the clause in question, would 
be only a nullity ; that any person elected to congress, and 
having the constitutional qualifications, notwithstanding that 
he lacked the special qualification under this Bill, would 
surely receive and retain his seat. But he would get it 
only by unseating another to whom the governor for the 
time being would have given the certificate, unless such 
governor should undertake to pass upon the constitution- 



SPECIAL MESSAGES. 327 

ality of the clause, and decide to render the certificate to 
the candidate who had received the larger number of votes, 
disregarding the question of domicile except in so far as it 
is prescribed by the Constitution of the United States. 

And I cannot believe that I have the right to be instru- 
mental in compelling the people to exercise their constitu- 
tional rights at the risk of a struggle for his seat by the 
representative of their choice, — nor that I ought to cast 
upon a future magistrate a burden which the Constitution 
in the clearest terms imposes upon myself. 

Note. — Since the foregoing Message was sent to the 
Senate my attention has been called to another early case 
in Congress, from Maryland, — that of William Pinkney, — 
of which I found no note in the " Annals of Congress," 
nor in Clark and Hall's cases of Contested Elections. 

In Wheaton's Life of Pinkney, page 7, that author says : 
" In 1790 he [William Pinkney] was elected a member of 
Congress, and his election was contested upon the ground 
that he did not reside in the District for which he was 
chosen, as required by the law of the State. But he was 
declared duly elected, and returjied accordingly, by the 
Executive Council, upon the principle that the State Legis- 
lature had no authority to require other qualifications than 
those enumerated in the Constitution of the United States ; 
and that the power of regulating the times, places, and 
manner of holding the elections did not include that of 
superinducing the additional qualification of residence 
within the District for which tlie candidate was chosen. He 
made on the occasion what was considered a very powerful 
argument in support of his own claim to be returned ; but 
declined on account of his professional pursuits and the 
state of his private affairs, to accept the honor which had 
been conferred upon him." 

It may be interesting to add that I have also since been 
informed, by the learned author of the " History of New 
Eng-land during- the Stuart Di/nasti/,''^ that during the colo- 
nial period of Massachusetts, persons were, in many cases, 
chosen deputies to the General Court, who were not inhabi- 
tants of the towns by which they were returned. For 
example. Captain John Hull, the famous mint-master, who 
was from first to last a citizen of Boston, represented West- 
field in 1G74, Concord in 1G76, and Salisbury in 1G80. 



328 SPECIAL MESSAGES. 

[To the House of Representatives, April 22.] 

I deem it due to the honorable conduct of the State of 
Maryland towards the surviving soldiers of Massachusetts, 
wounded by the mob in Baltimore, on the 19th of April, 
1861, and towards the families of those soldiers who were 
• disabled or slain, to make formal communication to the 

General Court of Massachusetts, of the action taken by the 
General Assembly of Maryland for their relief. 

I do therefore with this Message transmit to the General 
Court for its information a certified copy, this day received 
by me, of an Act passed by the General Assembly of Mary- 
land, entitled, " An Act for the relief of the Families of 
those of the Massachusetts Sixth Regiment of Volunteers, 
who were killed or wounded in the riot of the 19th of April, 
1861, in Baltimore." 



CHANGE OF NAMES 



In 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 of the Probate Courts, for 
their respective counties. 

SUFFOLK COUNTY, 

Armond Christian Armondson, takes the name of Thomas 
Benson. 

Sarah Gertrude Babb, takes the name of Sarah Babb 
Hobart. 

Dora Betzner, takes the name of Lizzie Davis Harding. 

Blanche Lillian Brown, takes the name of Blanche Lillian 
Blake. 

Eva Brown, takes the name of Eva Maria Briggs. 

Frederick Augustus Case, takes the name of Frederick 
Augustus Taft. 

Fanny Cutter, takes the name of Fannie Starkey. 

Sarah Griffiths, takes the name of Ella Melissa Went- 
worth. 

Frederick Hannah, takes the name of Charles Frederick 
Stevens. 

Carrie Lee Hardy, takes the name of Carrie Oakman 
Gardner. 

George Washington Heard, Jr., takes the name of George 
Farley Heard. 

Annie Hitchcock, takes the name of Caroline Elizabeth 
Spalding. 

Mary Louisa Hudson, takes the name of Ella Louisa 
Scuddcr. 

Matilda Irviii, takes the name of Maria Osborne. 

Isaac II. McCartec, takes the name of Isaac H. Carter. 

Patrick Mahoney, takes the name of George Henry Miller. 

49 



330 CHANGE OF NAMES. 

Anna Elizabeth Maiers, takes the name of Annie EHzabeth 
Humphrey. 

Edward F. Milliken, takes the name of Edward Milliken 
Rumery. 

Anna Geraldine O'Shahan, takes the name of Anna Geral- 
dine de Bonneville. 

Charles Henry Preston, takes the name of Charles Frank 
Hardcastle. • 

John Turner Welles Sargent, takes the name of Turner 
Sargent. 

Cecelia Susan Ward, takes the name of Cecelia Susan 
Woods. 

Walter Weston, takes the name of James Russell Spalding. 

Harriet B — Whitaker, takes the name of Harriet Burr 
Whitaker. 

ESSEX COUNTY. 

March 19, 1861. Nancy Norwood Lull, of Manchester, 
takes the name of Kate Norwood Lull. 

June 11. John Taylor, of Haverhill, takes the name of 
John Zach Taylor. 

The names of the following minors were changed by reason 

of their being adopted : 

• May 7. Hattie P. Mayhew, of Danvers, takes the name 

of Hattie Mayhew Perry. Emeline Augusta Teague, of 

South Danvers, takes the name of Emeline Augusta Reith. 

May 17. Mary Jane Tullock, of Danvers, takes the name 
of Mary Jane Demsey. 

June 11. Elizabeth Bixby, of Lawrence, takes the name 
of Elizabeth Frances Ashton. 

July 2. Esther Alice Hicks, of Newburyport, takes the 
name of Alice Hilliard. 

July 16. Jonas S. Sinclair, of Boxford, takes the name 
of John Symonds Dorman. 

August 6. WilHam S. Dalton, of Salem, takes the name 
of George William Winn. 

October 1. Emma Jane Getchell, of Lynn, takes the name 
of Emma Florence French. 

December 18. Stephen Wendell Abbott, of Lawrence, 
takes the name of Wendell Phillips Kenney. 

MIDDLESEX COUNTY. 

January 22, 1861. Chester Bradshaw Guild, of Charles- 
town, takes the name of Robert Bradshaw Guild. 

April 2. Cabot Hoes Whitaker, of Lowell, takes the name 
of George Cabot Whitaker. 



CHANGE OF NAMES. 331 

April 9. Thomas Peachy Tukey, of Lowell, takes the 
name of Frederick Sumner Tukey. George Brackett, of 
Somcrville, takes the name of George. Callender Brackett. 

August 13. Dudley C. Boynton, of Medford, takes the 
name of Dudley Ciiace Mumford. 

The names of the following minors were changed by reason 
of their being adopted : 

February 26. Robert Dunn, of Maiden, to Albion Robert 
Clapp. 

March 5. Lucy Ellen Merrill, of Cambridge, to Lucy 
Merrill Eaton. 

April 2. Abby Frances Eastman, of Lowell, to Abby 
Frances Morrison. 

April 9. Ann Foly, of Cambridge, to Ann Reynolds. 
Carrie Wood Hitchcock, of West Cambridge, to Carrie Abby 
Wood. Willie Stone, of Tewksbury, to Jonathan Huse 
Brown. 

April 23. Grace Porter, of Cambridge, to Grace Porter 
Simonds. 

May 7. Charlotte L. Coburn, of Lowell, to Annette 
Nicholas. 

May 28. Louisa Emerliue Bixby, of Groton, to Hattie 
Alsie Randall. 

June 25. Mary Jane Eginton, of Newton, to Mary Jane 
Walker. 

September 10. William Gaw, of Cambridge, to William 
Stinson. Platty Jane Rice, of Medford, to Hattie Jane 
Marsh. 

October 1. George Marshall, of Lowell, to George Gard- 
ner Brown. 

November 26. Charles Curtis, of Cambridge, to Charles 
Cook. 

December 10. Hattie L. Rand, of Cambridge, to Hattie 
Adel Packard. Eliza Jane Mayo, of Waltham, to Eliza Jane 
Pike. 

WORCESTER COUNTY. 

Annetta E. Dodge, takes the name of Annetta Elizabeth 
Taft. 

Elizabeth S. Williams, takes the name of Minerva Florence 
Balcome. 

Charles Lyman Chickering, takes the name of Charles 
Lyman Williams. 

Caroline Louisa Chickering, takes the name of Caroline 
Louisa Williams. 

Clara Shepherd, takes the name of Clara Etta Shepherd. 



332 CHANGE OF NAMES. 

James Henry Penney, takes the name of William Henry 
Gardner. 

Herbert Scovell, takes the name of George Herbert Nichols. 

Alexander De Witt Scovell, takes the name of De Witt 
Clinton Nichols. 

Ella Maria Spoon er, takes the name of Ella Maria 
Cleveland. 

Harriet Augusta Jones, takes the name of Hattie Augusta 
Taylor. 

Almira H. Rockwood, takes the name of Almira H. Wood. 

Clarissa Augusta Patch, takes the name of Clarissa 
Augusta Brighara. 

Nellie Phebe Goodman, takes the name of Nellie Phebe 
Blood. 

Carrie May Thompson, takes the name of Carrie May 
Gould. 

Eliza Jane Morse, takes the name of Eliza Jane Rogers. 

Benjamin Lee, takes the name of Benjamin Lee O'Callaghan. 

Hattie Fitzgerald, takes the name of Lucy Hill. 

HAMPSHIRE COUNTY. 

The names of the following minors were changed by reason 
of their being adopted : 

January 5, 1861. Caroline J. Hendrichson, of Boston, to 
Carrie J. Whitehouse. 

February 5. Emily Sarah Cole, of Cummington, to Emily 
Sarah Packard. 

May 14. Frederick Lyman Pittsinger, of Enfield, to Fred- 
erick Lyman Kimball. 

June 4. Margrette Kearney, of Northampton, to Louisa 
Margrette Macomber. 

August 13. Mary Elizabeth Gleason, of Athol, to Lillie 
Sarah Barnard. 

October 1. Ida Allen, of Holyoke, to Ida Hatch. 

HAMPDEN COUNTY. 

The names of the following minors were changed by reason 
of their being adopted : 

March, 1861. Ira H. Clagstone, of Holyoke, to Ira H. 
Cain. William Speakman, to William Everett Nichols. 

April. Monroe Fox, of Granville, to Monroe Stevens 
Rising. 

June. Nellie Eliza Dailey, of Holyoke, to Nellie Eliza 
Willard. Fannie Estel Dailey, of Holyoke, to Fannie Estella 
Loomis. Nellie Blake, to Minnie E. Taylor. George Wood- 
bury Fiske, of Holyoke, to George Woodbury Rogers. 



CHANGE OF NAMES. 333 

July. Kate S. H. Thompson, to Kate Thompson. 
September. Nellie May Ilosford, of Springfield, to Nellie 
May Clark. 

FRANKLIN COUNTY. 

The names of the following minors were changed by reason 
of their being adopted : 

January 1, 1861. Charles Robert Bolton, of Boston, to 
Charles Frederic Clap. 

February 5. Harlekin S. Cross, of Rowe, to Harley Cross 
Amidon. 

March 2. Sarah J. Gleason, of Athol, to Lizzie Field 
Cushing. Eva' Maria Gleason, of Athol, to Eva Maria Reed. 
Oscar D, Fisk, of Warwick, to Oscar D. Hapgood. 

March 28. Eugene Thaxter Gurney, of Hawley, to 
Eugene Thaxter Williams. 

August 6. Mary Emma Denslow, of Shelburne, to Mary 
Emma Vincent. 

December 3. Sarah Lizzie Geer, of Ashfield, to Lizzie 
Maria Blake. 

BERKSHIRE COUNTY. 

The names of the following minors were changed by reason 
of their being adopted : 

January 1, 18G1. Ann Doud, of Washington, to Eva 
Ann Johnson. 

June 4. Sarah Sprong, of Pittsfield, to Sarah Leffing- 
roell. 

July 17. Cora Mambert, of Sheffield, to Cora Gibson. 

July 21. Charles E. Williams, of Adams, to Charles E. 
Sherman. 

NORFOLK COUNTY. 

Virginia Bird, takes the name of Mary Elizabeth Drake. 

Charles Bird, takes the name of Charles Bird Wade. 

Frederick Knox Wait, takes the name of Frederic Wait 
Foster. 

Charles Hall Thing, takes the name of Charles Hall 
Thwing. 

Benjamin F. Cooke, takes the name of Benjamin F. Cook 
Cressey. 

Horatio Davis, takes the name of Charles Davis, Jr. 

Charles May Livingston, takes the name of Charles Henry 
Pierce. 



334 CHANGE OF NAMES. 

BRISTOL COUNTY. 

October 1, 1861. Annie Elizabeth Taggard, takes the 
name of Annie Elizabeth Hoar. 

December 3. Ann Eliza Fish, takes the name of Ajin 
Eliza Gibbs. Nellie Frances Trafton Collins, takes the name 
of Nellie Frances Trafton Tripp. 

No application for change of name has been made to the 
judges of probate and insolvency, for the counties of Ply- 
mouth, Barnstable, Dukes and Nantucket, during the year 
1861. 



THE 



CIVIL GOVERNMENT 

OF THE 

Commontoealljj of Slassadjusetts, 



AND OFFICERS IMMEDIATELY CONNECTED THEREWITH, 
FOR THE POLITICAL YEAR, 18G2. 



EXECUTIVE DEPARTMENT. 



HIS EXCELLENCY 

joh:n^ a. ae^deew, 

GOVERNOR. 

ALBERT G. BROWNE, Jr., Private Secretary. 



HIS HONOR 

J O 11^ ]^ E S M I T H, 
LIEUTENANT-GOVERNOR. 

COUNCIL— (By Districts.) 



I.— NEHEMIAH BOYNTON. 
II.— GERRY W. COCHRANE. 
III.— JAMES M. SHUTE. 
IV.— ALFRED HITCHCOCK. 



v.— JOEL HAYDEN. 
VI.— JAMES RITCHIE. 
VII.— OAKES AMES. 
VIIL— ELEAZER C SHERMAN. 



OLIVER WARNER, 

Secretary of the Cojijionwealth. 
CHARLES W. LOVETT, 1st ClerJc. ALBERT L. FERNALD, 2d Ckrk. 



HENRY K. OLIVER, 

Treasurer and Receiver-General. 
DANIEL H. ROGERS, 1st Clerk. ARTEMAS HARMON, 2d Clerk. 

D WIGHT FOSTER, 

Attorney-General. 
HENRY WINN, Clerk. 

LEVI REED, 

Auditor of Accounts. 
JULIUS L. CLARKE, Clerk. 



GENERAL COURT, 

Arranged ix Accordance with the District System of 1857. 



- 




SENATE. 






President— 3 OHN H. CLIFFORD. 




District. 


Name of Senator. 


Residence. 


First Suffolk, . 




Stephen N. Stockwell, . . 


Boston. 




Second " 




John C. Tucker, .... 


" 




Third " 




Charles G. Loring, 


" • 




Fourth " 




Alexander H. Tvvombly, 


(( 




Fiflh . " 




Benjamin Dean, .... 


4< 




First Essex, . . 




William F. Johnson, . 


Lynn. 




Second " . . 




William D. Northend, . . 


Salem. 




Third ". . . 




Christopher Tompkins, . . 


Haverhill. 




Fourth " . . 




Edwin B. George, . . . 


Groveland. 




Fifth " . . 




John J. Babson. .... 


Gloucester. 




First Middlesex, 




E. 0. Haven 


Maiden. 




Second " 




John C. Dodge, .... 


Cambridge. 




Third 




Joiin W. Bacon, .... 


Natick. 




Fourth 




Walter F'essenden, . . . 


Town send. 




Fifth 




Horace 1'. Wakefield, . . 


Reading. 




Sixth 




Daniel S. Richardson, . . 


Lowell. 




Central Worcester, 


Hartley Williams, ; . . . 


Worcester. 





50 



338 



SENATE. 



District. 


Name of Senator. 


Resiaence. 


South-East Worcester, 


William R. Hill, . 






Sutton. 


South-West 


Rufus B. Dodge, . 






Charlton. 


West 


Henry Smith, . 






Templeton. 


North-East 


Alvah Crocker, 






Fitchburg. 


East 


Charles G. Stevens, 






CHnton. 


Hampshire, .... 


Lewis Bodman, 






Williamsburg. 


Franklin, 


Whiting Griswold, 






Greenfield. 


Hampshire & Franklin, 


George H. Gilbert, 






Ware. 


West Hampden, . . 


Milton B. Whitney, 






Westfield. 


East " . . 


James M. Thompson, 






Springfield. 


North Berkshire, . . 


Thomas F. Plunkett, 






Pittsfield. 


South " . . 


OrloBurt, . . . 






Sandisfield. 


North Norfolk, . . 


William D. Swan, 






Dorchester. 


East " . . 


Jonathan Wales, . 






Randolph. 


West " . . 


Joseph Day, . . . 






Dedham. . 


North Bristol, . . 


Chester I. Reed, . 






Taunton. 


South " ... 


John H. Clifford, . 






New Bedford. 


West " ... 


Ezra P. Brownell, . 






Westport. 


North Plymouth, . . 


Ebenezer Gay, . . 






Hingham. 


South " . . 


Joshua E. Crane, . 






Bridgewater. 


Middle " . . 


James H. Mitchell, 






E. Bridgewater. 


Cape, 


R. H. Libby, . . . 






Welltleet. 


Island, 


Charles Dillingham, 


• • 


Sandwich. 



STEPHEN N. GIFFORD, Clerk. EDWARD W. CLARK, Chajilain. 

ALLEN S. WEEKS, Assistant- Clerk. JOHN MORISSEY, Seryeant-at-Arms. 



HOUSE OF REPRESENTATIVES. 



Speaier— ALEXANDER H. BULLOCK. 







COUNTY 


OF SUFFOLK. 




District. 




Ward. 




Name of Kepreseiitativc. 


Residence. 


1st, 


Ward 1 


Boston, 


■\ 


Cornelius Doherty, . 
Alonzo M. Giles, . . 


Boston. 


2d, 


Ward 2 


Boston, 




Austin Gove, . . . 
Josiah M. Read, . . 
Hiram A. Stevens, . 


Boston. 


3d, 


Ward 3 


Boston, 


•] 


James L. Hanson, 
John F. Flynn, . . 


Boston. 


4th, 


Ward 1 


Boston, 




Robert I. Burbank, . 
Cornelius Walker, . 


Boston. 


5th, 


Ward 5 


Boston, 




Edward Brown, . . 
Harvey Jewell, . . 


Boston. 


6th, 


Ward 


Boston, 


■11 


Benjamin Stevens, . 
, Peleg W. Chandler, . 


Boston. 


7th, 


Ward 7 


Boston, 


■1 


Charles J. Mo Carthy, 
James Riley, . . . 


Boston. 


8th, 


Ward 8, 


Boston, 


■ i 


John S. Tyler, . . 
Eben Cutler, . . . 


Boston. 


9th, 


Ward 0. 


Boston, 


■ } 


Daniel G. Grafton, . 
Charles W. Morris, . 


Boston. 


10th, 


Ward 10, 


Boston, 


•li 


Ansel Lothrop, . . 
Samuel H. Gibbens, . 


Boston. 


11th, 


Ward 11, 


Boston, 


j 

• 1 


Francis J. Parker, . 
George Eaton, . . 


Boston. 


12th, 


Ward 12, 


Boston, 


1 


Hiram Emery, . . 
Zibeon Soiitliaid, 
Albert J. Wright, . 

• 


Boston. 



340 



HOUSE OF REPRESENTATIVES. 

COUNTY OF SUFFOLK— Continued. 



13th, 



Town or Ward. 



Name of Representative. 



Chelsea, 
North Chel 
Winthrop 



sea, . . y 



Tracy P. Cheever, 
Noble M. Perkins, 



Chelsea. 



COUNTY OF ESSEX. 



1st, 

2d, 

3d, 

4th, 
5th, 

6th, 

7th, 

8th, 

9th, 

10th, 

LI 1th, 
12th, 
13th, 

14th, 



■A 



C Amesbury 
J Salisbury, 
j Ward 6, Newbury 
L port, . 

Andover, 

! Beverly, 
Wenham, 
Topsfield, 

Danvers, 

( Essex, . 
( Manchester, 

j Georgetown, 
I Groveland, . 

Gloucester, . 



Haverhill, 



^ Ipswich, } 

\ Hamilton, . . . . ^ 

( Wards 3 and 4, Law- ) 
I rence, ^ 

S Wards 1, 2, and 6, ) 
\ Lawrence, . . . j 

Wai-ds 2 and 5, Lynn, 

5 Wards 1, 6, and 7, | 
( Lynn, \ 

(, Marblehead & Ward | 
1 5, Salem, . . . ^ 



Patten Sargent, 
Joseph Morrill,* 



George Foster, . . . 

John Meacom, . . . 
Benjamin C. Putnam, 

James W. Putnam, . 

Ebenezer Stan wood, . 

Joseph P. Stickney, . 

John S. E. Rogers, . 
James S. Jewett, . . 

Calvin Butrick, . . 
Gilman Corning, . . 

Samuel N. Baker, 
John J. Doland, . . 



Amesbury. 
Salisbury. 



Andover. 



Beverly. 
Wenham. 



Danvers. 
Essex. 

Georgetown. 
Gloucester. 

Haverhill. 

Ipswich. 
Lawrence. 



Harrison D. Clement, Lawrence. 



Oliver Ramsdell, . 

Aza A. Breed, . . . 

Samuel Roads, . . . 

Henrv Luscomb, Jr.. 



Lvnn. 



Lynn. 



Marblehead. 
Salem. 



* Deceased, and Bailey C. Brown, of Salisbury, chosen to fill vacancy. 



HOUSE OF REPRESENTATIVES. 

COUNTY OF ESSEX— Continued. 



341 



District. 


Town or Ward. 


Name of Representative. 


Residence. 


15th, 


5 Methuen, and Ward ) 
( 5, Lawrence, . . \ 


Cyrus Williams, . . 


Lawrence. 


16th, 


< Nahant, and Ward 4, | 
I Lynn, \ 


Zachariah Graves, . 


Lynn. 


17th, 


r Newbury, . . . .) 
- West Newburv, . . }■ 
(Rowley,. . '. . .) 


Nathan Adams, . . 


Newl)urv. 


18th, 


5 Wards land 2, New-) 
1 buryport, . . . f 


Caleb Cushing, . . 


Newburyport. 


19th, 


5 Wards 3, 4, and 5, } 
I Newburyport, . . ^ 


Albert Currier, .' . 


Newburyport. 


20th, 


(Bradford, . . . .) 
} North Andover, . . > 
(Boxford, . . . .) 


Moses T. Stevens, . 


N. Andover. 


'21st, 


Rockport, .... 


Moses Pool, . . . 


Rockport. 


22d, 


Wards 1 & 3, Salem, 


Samuel R. Hathaway, 


Salem. 


23d, 


( Wards 2, 4, and 6, } 
I Salem, . . . .f 


James A. Gillis, . . 
S. G. Wheatland, . 


Salem. 


24th, 


(Saugus, ) 

-^Lynnfield [ 

(Middleton,. . . .) 


Amos Howe Johnson, 


Middleton. 


25th, 


South Danvers, . . 


D. Webster King, . 


South Danvers. 


26th, 


3 Swampscott, & Ward ) 
} 3, Lynn, . . . . ; 


Amos I. Withey, . . 


Lynn. 


COUNTY ( 


W MIDDLESEX. 




1st, 


Ward 1, Charlestown, 


Amos Brown, . . . 


Charlestown. 


2d, 


5 Wards 2 & 3, Charles- \ 
I town, ") 


Everett Torrey, . . 
Abel E. Bridge, . . 
Phineas J. Stone, 


Charlestown. 


3d, 


Somerville, .... 


George 0. Brastow, . 


Somerville. 


4th, 


Maiden, 


j Caleb Wait, . . . 


Maiden. 



342 



HOUSE OP REPRESENTATIVES. 
COUNTY OF. MIDDLESEX— Continued. 



District. 


Town or City: 


Name of Representative. 


Residence. 


5tli, 


Medford, . . . 




Francis Brooks, . . 


Medford. 


6th* 


( West Cambridge, 
I Winchester, . . 


■} 


Albert Winn, . . . 


W. Cambridge. 


7th, 


Cambridore, . . 


s 


Charles Beck, . . . 
Hamlin R. Harding, 
Anson Hooker, . . 


Cambridge. 


8th, 


5 Newton, .... 
I Brighton, . . . 


■\ 


Joseph Breck, . . 
Henry Baldwin, . . 


Brighton. 


9th,* 


5 Watertown, . . 
i Waltham, . . . 


: ■ 


F. M. Stone, . . . 
Josiah Beard, . . . 


Waltham. 


10th, 


( Concord, . . . 
•^ Lincoln, .... 
(Weston,. . . . 


} 
S 


George Heywood, . 


Concord. 


11th, 


Natick, .... 




Charles M. Tyler, . 


Natick. 


12th, 


Holliston, . . . 
' Sherborn, . . . 


\ 


Seth Thayer, . . . 


Holliston. 


13th, 


] Ashland, . . . 
Hopkinton,. . . 


\ 


Benjamin Homer, . 


Ashland. 


Uth, 


Framingham, . . 




James W. Clark, . . 


Framingham. 


15th, 


Marlborough, . . 




0. W. Albee, . . . 


Marlborough. 


16th, 


(Stow, .... 
^ Sudbury, . . . 
(Wayland, . . . 


\ 


Henry Wilder, . . 


Stow. 


17th, 


f Acton, .... 
j Boxborough, . . 
j Littleton, . . . 
L Carlisle, 


1 

J 


John Fletcher, Jr., . 


Acton. 


18th, 


(Burlington, . . . 
^Bedford, .... 
( Lexington, ... 


1 


Wm. Henry Smith, . 


Lexington. 


19th, 


Woburn, .... 




John R. Kimball, 


Woburn. 


20th, 


C South Reading, . . 
-| Melrose, .... 
(Stoneham, .... 


[ 


John H. Dike, . . 
William H. Atwell, . 


Stoneham. 
South Reading. 



f Town of Belmont incorporated 1859, embracing portions of Districts 6 and 9. 



HOUSE OF REPRESENTATIVES. 

COUNTY OF MIDDLESEX— Continued. 



343 



District. 


Town or Ward. 


Name of Kepresentative. 


Residence. 


21st, 
22d, 

23d, 

24th, 


JReadina > 

} North Reading, . . ) 

r Wilmington, . . .^ 
} Tewksbury, • • • >■ 
/Billerica ) 

( Wards 1, 2, and 5, ( 
1 Lowell, . . . .i 

{ Wards 3, 4, and 6, { 
1 Lowell 1 


Charles Manning, 

George P. Elliot, . . 

Paul Hill, .... 
Samuel W. Stickney, 
Sewall G. Mack, . . 

Hapgood Wright, . . 
Josiah B. French, 
Edward F. Sherman, 

Cyrus Butterfield, . 

David Porter, . . . 
J. W. P. Abbot, . . 

Abram S. French, . 


Reading. 

Billerica. 
Lowell. 

Lowell. 


25th, 


f Chelmsford, • • •) 
J Dracut >- 


Tyngsborough. 




( Tyngsborough, . . ) 
f Shirley, . . . .T 








26th, 
27th, 


\ Dunstable, . . . . - 

Westford, .... 
L Pepperell, ..... 

5 Townsend, .... 7 
) Ashbv C 


Shirley. 
Westford. 

Townsend. 








COUNTY OF WORCESTER. 


1st, 
2d, 

3d, 

4th, 
5th, 


5 Ashburnham, 
( Wincbendon, 

(Athol, . . 
1 Royalston, . 

(Dana, . . 
■I Petersham, . 
(Phillipston, 

5 Templeton, 
( Hubbardston, 

5 Gardner, . 
\ Westminster, 


• l 

■ i 


Nelson D. White, . . 
Farwell F. Fay, . . 

Hudson Tolman, . . 

Arteraas Lee, . . . 
Thorley Collestcr, . 


Wincbendon. 
Athol. 

Petersham. 

Templeton. 
Gardner. 



344 



HOUSE OP 

COUNTY OF 



REPRESENTATIVES. 

WORCESTER— Continued. 



6th, 

7th, 

8th, 

9th, 

10th, 

11th, 

12th, 
13th, 

14th, 

15th, 

16th, 
17th, 
18th, 

19th, 



f Fitchburg, 
J Leominster, 
j Sterling, 
l^ Lunenburg, 

( Harvard, 
■< Bolton, . 
(Berlin, . 

5 Clinton, . 
[ Lancaster, 

r Princeton, 
< Rutland, 
( Oakham, 

5 Barre, . 
( Hardwick, 

Warren, . . 
West Brookfield, 
New Braintree, 

North Brookfield, 
Brookfield, . . 

Leicester, 
Spencer, 

West Boylston, 
Hdlden, . . 
Paxton, . . 

( Shrewsbury, 
-| Northborough, 
( Boylston, . 

j Westborough, 
I Southborough, 

Grafton, 

( Northbridge, 

^ TT 

( Upton, . . 
Milfbrd, . . 



I 
Name of Representative. I Residence. 



Amasa Norcross, 
Manson D. Haws, 
Daniel Putnam, 



Isaac N. Stone, 



Jared M. Heard, 



Zadock W. Gates 



Fitchburg. 

Leominster. 

Lunenburg. 



Harvard. 



Clinton. 



Rutland. 



J. Henry Goddard, . j Barre. 



Lucius J. Knowles, . Warren 



Charles Adams, Jr., . 
John D. Cogswell, 

William Mulligan, 

Jonathan H. Nelson, . 

J. F. B. Marshall, . 

Seth J. Axtell, . . 

George S. Ball,* . . 

Henry O. Lothrop, . 

Charles F. Claflin, . 



N. Brookfield. 
Leicester. 

Paxton. 

Shrewsbury. 

Westborough. 
Grafton. 
Upton. 
Milford. 



* Resigned, and Henry Shaw, of Upton, chosen to fill vacancy. 



HOUSE OP REPRESENTATIVES. 

COUNXr OF WORCESTER— Continiu-d. 



345 



Town or Ward. 



of Representative. 



Residence. 



20th, 
21st, 
22d,' 

23d, 

24th, 

25th, 

26th, 

27th, 

28th, 

29th, 
30th, 



{ Uxbridge, . 
( Mendon, 

Blackstone, 

j Webster, . 
( Douglas, 

( South bridge, 
I Dudley, . . 



Charlton, 
Sturbridije, 



r Oxford, . 

^ Sutton, . 
(MiUbury, 



William T. Metcalf, . 

William A. Northup, 

i i Albert Butler, . . . 

Jacob Baker, . 

Dexter Blood, . . . 



Horace Armsby, 
Moses Stone, . 



Auburn, and Ward 
6, Worcester, . . 

Wards 1 and 2, Wor- 
cester, . . . . 

Wards 3 and 8, Wor- 
cester, . . . . 



Delano A. Goddard, 
Samuel Souther, . 
Joseph D. Daniels, 



5 Wards 4 and 5, Wor- ) j ^ Murphy, . . 
( cester, . . . . y j ' •" 

Ward 7, Worcester, . Alexander H.Bullock, 



Mendon. 

Blackstone. 

Douglas. 

Dudley. 

Charlton. 



Millbm-y. 
Oxford. 



Worcester. 

Worcester. 

Worcester. 

Worcester. 
Worcester. 



COUNTY OF HAMPSHIRE. 



1st, 


f Eastharapton, . 

1 Hatfield, . . 

Northampton, . 

l_ Southampton, . 


^1 
■J 


Daniel G. Littlefield, . 
John T. Fitch, . . . 


Northampton. 
Hatfield. 


2d, 


f Chesterfield, . 
J Huntington, . 
1 Westhampton,. 
t Williamsburg, . 


•1 


ISI.itthias Ric(!, . . . 


Westhampton. 


3d, 


f Cummington, . 

Goshen, . . . 
i Middlefield, . 

Plain field, . . 
[_Worthington, . 


•1 
• 1 


John C. Thompson, . 


Go.shiMi. 



61 



346 



HOUSE OF REPRESENTATIVES. 

COUNTY OF HAMPSHIRE— Continued. 



4th, 



5th, 



6th, 



Town or Ward. 



( Hadley, . . 
I South Hadley, 



Amherst, 
Granby, . 
Pelhavn. . 



r Belchertown, 
I Enfield, . . 
■{ Greenwich, 

Prescott, 
I Ware, . . 



Name of Representative; 



Horace Cook, 



Hadley. 



John R. Cushman, . Amherst. 



Augustus Moody, 
Luther Holland, 



. ' Enfield. 
Belchertown. 



COUNTY OF HAMPDEN. 



1st, 

2d, 
3d, 

4th, 

5th, 

6th, 

7th, 

8th, 

9th, 
10th, 



fBrimfield, ....'] 

^HoTnd, : : : :\ Wmiam a. Bobbins, 
[Wales, J 

Palmer, ; Stephen G. Newton, 

Joseph McGregory, , 



( Wilbraham, . . 
( Longmeadow, . . 

( Wards 1 & 2, Spring- 
l field, 

( Wards 3 & 4, Spring- 
I field 

\ Wards 5, 6, 7 and 8, 
\ Springfield, . . . 

j Chicopee, .... 
( Ludlow, 

5 Holyoke, .... 
\ West Springfield, 

( Agawam, .... 
■< Southwick, .... 
( Granville, .... 

Westfield, .... 



Theodore Stebbins,* . 
William L. Smith, 

Nathaniel Howard, . 

Phineas Stedman, 
Hezekiah Root, . . 

Thomas H. Kelt, . . 



Holland. 

Palmer. 
Wilbraham. 

Springfield. 

Springfield. 

Springfield. 

Chicopee. 
Ludlow. 

Holyoke. 



Reuben DeWitt, . . Agawam. 

I 

Lewis Ruf'us Norton, . i Westfield. 



Deceased, and William B. Calhoun, of Springfield, chosen to fill vacancy. 



HOUSE OP REPRESENTATIVES. 

COUNTY OF HAMPDEN— Continued. 



347 



District. 


Towns. 


Name of Representative. 


Residence. 


11th, 


r Chester ] 

Blandford, .... 

■l Tolland )■ 

Montgomery, . . . 
.Russell, J 


Edward M. Taylor, . 


Montgomery. 



COUNTY OF FRANKLIN. 



1st, 



2d, 



4th, 



5tb, 



6th, 



7th, 



f Bernardston 

Colrain, . 
J Greenfield, 
] Gill, . . 

I Leyden, . 

l^ Shelburne, 

fBuckland, 
I Charlemont. 
{ Heath, . 
I Monroe, . 
l_ Rowe, 

( Ashfield, 
■< Conway, 
( Hawley, . 

( Deerfield, 
I AYhately, 

r Leverett, . 
J Shutesbury, 
I Sunderland, 
t Wendell, . 

( Erving, . . 
-| Montague, . 
(Northfield, . 

5 New Salem, 
Orange, . . 
Warwick, . 



Alfred R. Field, . . 
Eph'm H. Thompson, 



Charles T. Walcott, 

Emery Sherman. . 
Lucas W. Hannuni, 

Charles H. Field, . 



(ireenfield. 
Colrain. 



Monroe. 

Conway. 

Whately. 

Leverett. 



Erastus F. Gunn, . . Montague. 
Royal Whitaker, . . New Salem. 



\ 



348 



HOUSE OF REPRESENTATIVES. 
COUNTY OF BERKSHIRE. 



1st, 



2d, 



3d, 



4th, 



5th, 



6th, 



7th, 



8th, 



9th, 



r Hancock, . 
J LaiiCfiborough, 
I New Ashford, 
[^ Williamstown, 

C Adams, . 
I Cheshire, 
-{ Clarksburg, 
I Florida, . 
l_ Savoy, . 

( Pittsfield, 
} Dalton, . 
( Richmond, 

fBecket, . , 

Hinsdale, 
■{ Peru,. . 
I Washington 
[_ Windsor, 

( I.enox, . 

< Stockbridge 

( West Stockbridge, 

(Lee, 

\ Tyringham, . . 

( Great Barrington, 
^Alfbrd, .... 
( Monterey, . . . 

( New Marlborough, 
•< Sandisfield, . . 
( Otis, 

r Sheffield, . . . 
} Mount Washington, 
( Egremont, . . . 



Name of Representative; j Residence. 



Keyes Danibrth, 



Henry Cartwright, 
Edmund D. Foster, 



Nathan G. Brown, 
W. H. Nichols, . 



Sylvester S. Bowen, 

Jonathan E. Field, 
James Bullard, . . 
Eugene Vosburgh, 

Joshua M. Sears, . 

Seymour B. Dewey, 



Williamstown. 



Adams. 
Cheshire. 



Pittsfield. 
Richmond. 



Peru. 



Stockbridge. 



Lee. 



Gt. Barrington. 



Sandisfield. 



Egremont. 



.*< 



HOUSE OF REPRESENTATIVES. 

COUNTY OF NORFOLK. 



349 



1st, 
2d, 
3d, 

4th, 

5th, 

6th, 
7th, 

8th, 

9th, 
10th, 

11th, 

12th, 
13th, 
14th, 



Town or City. 



Name of Representative. 



Dedham, . . 
West Roxbury, 
Brookline, . . 

Roxbury, 

Dorchester, 

Quiney, . . 
Braintree, . 

Weymouth, 

Randolph, . 

Stoughton, . 

r Canton, . . 

] Milton, . . 
I Walpole, 

1^ Sharon, . . 

( Foxborough, 
} Wrentham, 
( Medway, 

j Franklin, . 
\ Bellingham, 

( Needham, . 
] Medfield, . 
( Dover, . . 



Eliphalet Stone, . 

Everett C. Ban field 

Thomas Parsons, . 

George Curtis, . . 
William B. May, . 
Uriah T. Brownell, 

Henry L. Pierce, . 
Ebenezer Eaton, . 

Noah Cummings, . 

Ezra Penniman, . 

Oliver Loud, . . 
Zachariah L. Bicknell 

George N. Johnson, . 

Jesse Holmes, . . . 



H. Augustus Lothrop, 
Samuel Cook, . . . 



William H. Gary, 
Harvey B. Coleman, 



Daniel J. Pickering, 
Charles C. Sewall, 



Dedham. 
West Roxbury. 
Brookline, 
Roxbury. 

Dorchester. 

Quincy. 

Braintree. 

Weymouth. 

Randolph. 
Stoughton. 



Sharon. 
Milton. 



Medway. 
Wrentham. 



Bellingham. 



Medfield. 



COUNTY OF BRISTOL. 



Ist, 



2d, 



( Pawtucket, 
I Attleborough, 

( Mansfield, . 
\ Norton, . . 



William D. Earl, 
Ezekiel Bates, . 

Charles P. White, 



. i Attleborough. 
Mansfield. 



350 



HOUSE OF REPRESENTATIVES. 

COUNTY OF BRISTOL— Continued. 



District. Town or Ward. 


Name of Representative. 


Residence. 


3d, 


5 Easton, .... 
( Raynham, . . . 


:} 


Charles B. Pool, . . 


Easton. 


4th, 


Taunton, . . . 


^1 


James Brown, . . . 
Charles R. Atwood, . 
Elias A. Morse, . '. 


Taunton. 


5th, 


(Rehoboth, . . . 
I Seekonk, . . . 


> 


Joseph Brown, . . 


Seekonk. 


6th, 


C Dighton, . . . 
< Somerset, . . . 
( Swanzey, . . . 


:! 


William P. Hood, . . 


Somerset. 


7th, 


Fall River, . . 


) 


Simeon Borden, . . 
Henry Pratt, . . . 


Fall River. 


8th, 


Westport, . . . 




Christopher A. Church, 


Westport. 


9th, 


Dartmouth, . . 




Francis W. Mason, . 


Dartmouth. 


10th, 


( Wards 1 and 2, New ) 
i Bedford,. . . .\ 


Henry Peirce, . . . 
Wm. Logan Rodman, 


New Bedford. 


11th, 


5 Wards 3, 4, 5 and 6 
1 New Bedford, . 


:) 


Caleb L. Ellis, . . . 
Robert Gibbs, . . . 
Nathaniel Gilbert, . 


New Bedford. 


12th, 


r Berkley, . . . 
-< Freetown, . . . 
( Fairhaven, . . . 


:( 


Samuel L. Ward, . . 
John D. Wilson, . . 


Fairhaven. 
Freetown. 



COUNTY OF PLYMOUTH. 





C Hull, "^ 


George C. Lee, . . 




1st, 


-^ Cohasset, . . 
( Scituate, . . 


:1 


Scituate. 


2d, 


Hingham, . . 




David Cain, . . . 


Hingham. 


3d, 


5 South Scituate, 
I Hanover, . . 




Seth H. Vinall, . . 


South Scituate. 


4th, 


< Marshfield, . . 
1 Pembroke, . . 


i 


Sereno Howe, . . . 


Marshfield. 



HOUSE OF REPRESENTATIVES. 

COUNTY OF PLYMOUTH— Continued. 



351 



Name of Representative. 



5th, 
6th, 
7th, 

8th, 

9th, 
10th, 

11th, 

12th, 

13th, 



( Duxbury, 
I Kingston, 

j Plymouth, 
( Carver, . 

C Wareham, 
I Marion, . 

JMattapoisett, 
Rochester, . 
Lakeville, . 



Middleborough, 

Bridgewater, . 
West Bridgewater, 

East Bridgewater, 
North Bridgewater, 



Abington, 

5 Hanson, . 
Halifax, . 
Plympton, 



Henry B. Maglathlin, 

Charles G. Davis, . . 
Samuel O. Whitmore, 

Andrew J. Hadley, . 

Austin J. Roberts, 

Andrew J. Pickens, . 
Simeon Perkins, . . 



Lorenzo D. Hervey, 
Ezra Kingman, 

Isaiah Jenkins, . . 
Otis VV. Soule, . . 



George F. Stetson, . 



Duxbury. 
Plymouth. 

Marion. 

Lakeville. 

Middleborough. 

Bridgewater. 

N. Bridgewater. 
E. Bridgewater. 

Abington. 



Hanson. 



COUNTY OF BARNSTABLE. 



1st, 



2d, 



3d. 



4th, 



5 Barnstable, 
Sandwich, 
Falmouth, 



f Yarmouth, 
i Dennis, . 
j Harwich, 
[_ Chatham, 



C Brewster, 
■} Orleans, . 
( Eastham, 

( Wellfleet, 
} Truro, . 
I Provincetown, 



Asa E. Lovell, . . 
Geo. W. Donaldson, 
Zebedee Greene, . 

John K. Sears, . . 
Danforth S. Steel, 
Samuel Higgins, . 



Sylvanus Smith, 



Joseph P. Johnson, 
Benjamin Oliver, . 



Barnstable. 

Falmouth. 

Sandwich. 

Yarmouth. 

Harwich. 

Chatham. 



Eastham. 



Provincetown. 
Wellfleet. 



352 



HOUSE OF REPRESENTATIVES. 
DUKES COUNTY. 



District. 


Towns. 


Name of Representatlye. 


Residence. 


One. 


( Edgartown, . . . ^ 
\ Tisbuiy, ....}■ 
(Chilmark, . . . .) 


Edgar Marcbant, . . Edgartown. 



COUNTY OF NANTUCKET. 



One. 



Nantucket, 



Elisha Smith, . . . Nantucket. 
Andrew J. Morton, . " 



WILLIAM S. EOBINSON, Clerk. PHINEAS STOWE, Chnplmn. 

WILLIAM A. CRAFTS, AssH-Clerk. .JOHN MORISSEY, Sergeant-at-Arms. 
JAMES H. ALLEN, Dom--keeper. 



JUDICIAL DEPARTMENT 



SUPREME JUDICIAL COURT 

CHIEF JUSTICE. 

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. 
SETII AMES, of Cambridge. 
THOMAS RUSSELL, of Boston. 
JOHN P. PUTNAM, of Boston. 
LINCOLN F. BRIGHAM, of New Bedford. 
52 



354 



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. 

MlDDLKSEX. 

wokckstek. 

Hampshire. 

Hampdkx. 

Franklin. 

Bekkshiue. 

Norfolk. 

Plymouth 

Bristol. 

Barnstable. 

Dukes. 

Nantucket. 



DISTRICT-ATTORNEYS. 

GEORGE P. SANGER, Boston, 
ISAAC S. MORSE, LoweU, . 
ALFRED A. ABBOTT, South Danvers, . 
BENJAMIN W. HARRIS, East Bridgewater, 
GEORGE MARSTON, Barnstable, . 
P. EMORY ALDRICH, Worcester, . 
EDWARD B. GILLETT, Westfield, 
DANIEL W. ALVORD, Greenfield, 



Suffolk. 

Northern. 

Eastern. 

South-Eastern. 

Southern. 

Middle. 

Western. 

Nokth-Western. 



SHERIFFS. 

JOHN M. CLARK, Boston, Suffolk. 

JAMES GARY, Lawrence, Essex. 

CHARLES KIMBALL, Lowell Middlesex. 

JOHN S. C. KNOWLTON, Worcester, .... Worcester. 

HENRY A. LONGLEY, Northampton, .... Hampshire. 

FREDERICK BUSH, Springfield, Hampden. 

SAMUEL H. reed, Greenfield Franklin. 

GRAHAM A. ROOT, Sheffield, Berkshire. 

JOHN W. THOMAS, Dedham, Norfolk. 

GEORGE II. BABBITT, Taunton, Bristol. 

JAMES BATES, Plymouth, Plymouth. 

CHARLES C. BEARSE, Cotuit Port, (Post Office,) . . Barnstable. 

ISAIAH D. PEASE, Edgartown, Dukes. 

URIAH GARDNER, Nantucket, .... Nantucket. 



MEMBERS OF CONGRESS. 



355 



CLERKS OF COURTS. 

GEORGE C WILDE, Boston, Supreme Judicial Court, . Commonwealth. 

JOSEPH WILLARD, Boston, Superior Court, Civil T., . ) 

}■ SUPTOLK. 

FRANCIS H. UNDERWOOD, Boston, CriminalT., , ) 

ASAHEL HUNTINGTON, Salem, Essex. 

BENJAMIN F. HAM, Natick, Middlese.x. 

JOSEPH MASON, Worcester, Wokcester. 

S.\MUEL WELLS, Northampton, Hampsiiike. 

GEORGE B. MORRIS, Springfield, Hampden. 

GEORGE GRENNELL, Greenfield, Franklin. 

HENRY W. TAFT, Lenox, Berkshire. 

EZRA W. SAMPSON, Dedham, Norfolk. 

JOHN S. BRAYTON, Taunton, Bristol. 

WILLIAM H. AVHITMAN, Plymouth, .... Plymouth. 

FREDERICK W. CROCKER, Barnstable, . . . Barnstable. 

RICHARD L. PEASE, Edgartown, ' Dukes. 

GEORGE COBB, Nantucket, Nantucket. 



MEMBERS OF THE THIRTY-SEVENTH CONGRESS. 



SKNATORS. 

CHARLES SUMNER, of Boston. 
HENRY WILSON, of Natick. 



REPRESENTATIVES. 

District I.— THOMAS D. ELIOT, of New Bedford. 

II.— JAMES BUFFINTON, of Fall River. 
HI.— BENJAMIN F. THOMAS,* of West Roxhury. 
IV.— ALEXANDER II. RICE, of Boston. 

v.— SAMUEL HOOPER,t of Boston. 
VL— JOHN B. ALLEY, of Lynn. 
VII.— DANIEL W. GOOCII, of Melrose. 
VIIL— CHARLES R. TRAIN, of Framingham. 
IX.— GOLDSMITH F. V>Ml.^LY,\ of Fitchhmj. 

X.— CHARLES DELANO, of Northampton. 
XL— HENRY L. DAWES, of Adams. 

* Chosen May 11 ; rice Charles Francis Adams, resigned, 
t Chosen November 5; vice Willia.m Ai'plkton, resigned. 
\ Deceased May 8. 



Commonfoealtlj of STassadjusetls. 



Secretary's Department, Boston, ) 
July 7, 1862. ; 

I hereby certify that the printed Acts, Resolves, «tc., 
contained in tliis volume, are true copies of the originals. 

OLIVER WARNER, 

Secretary of the Commonwealth. 



INDEX. 



A. 

Abolishment of Slavery, Message of the Tresident relating to 

Resolves in approval of, . 
Absentees from School, concerning, .... 
Actions, by or against persons in the Military or Naval Service of the 
United States, concerning, 
" removal of, from Superior to S. J. Court, concerning, 
" Civil, before Justices of the Peace, concerning, 
" " relating to Costs in, . 

Adams, Francis, Deputy-Sheriff, in favor of, . 
Address of the Governor, ..... 

Adjutant-General, First Clerk in Office of, Salary established. 
Advertising Circulars or Shop-bills, of the similitude of U. S. Securi 

ties, to restrain the printing and circulation of, 
Agents of Board of Education, Salary of, established, 

" or Officers of the State, Cities, Towns or Public Institutions 
relating to purchases made by, 
Agricultural Branch Railroad, extending time for locating and con 
structing, ..... 

School, extending Commission on plan for. 
Societies, relating to, , 

Society, Bristol County, in favor of, 

" Bristol County Central, to incorporate, 
" Hampden East, concerning, 
" Nantucket, and the Middlesex North, relating 
to, . 
Agriculture, authorizing the teaching of, in the Public Schools, 
Allotment Commissioners, Mass., for payment of expenses of. 
Almshouse at Bridgewater, State, relating to, 

" Inspectors, State, Salary of, established, . 
Almy, Sanford, in favor of, .... . 

Amendment to the Constitution, relative to qualification of voters 

Resolve providing for, ..... 

American Bituminized Pipe Company, to incorporate, 
Ames, John E., in favor of, . 
53 



Page 221 
179 

152 

82 

93 

25 

217 

246 

181 

53 
181 



85 
229 

68 
235 

83 

42 

20 
9 
23G 
229 
180 
226 

244 
156 
234 



INDEX. 



Appeals and Removals in proceedings before Police Courts and Jus 

tices of the Peace, concerning, .... 
Appropriations for Deficiencies in 1861, &c., . 

" from Income of certain Funds and Essex Bridge 

Tolls, 

" for Maintenance of Government, 

" to meet certain Expenditures authorized in 1802, and 

for other purposes, 
" for Mileage and Compensation of Legislature and 

Officers, and for other purposes, 
" from Moiety of Income of the School Fund applica 

ble to educational purposes, 
" for Museum of Comparative Zoology and the State 

Cabinet, ..... 

" - to pay certain damages awarded, and expenses in 
curred, by Commissioners on Concord and Sud- 
bury Meadows, 
" for support of Lunatic State Paupers, additional, 

Arkwright Mutual Fire Insurance Company, additional to Act incor 
porating, ....... 

Arlington Street Church, Name of Proprietors of Federal Street 
Meeting-house changed to, .... 

Assessment of Taxes, for the more equal, 

" and Collection of Taxes in 1861, requiring Return of 

amount paid for, . . 

Assessors, Returns from Corporations received by, relating to. 
Associate Reformed Presbyterian Church in Fall River, to chang 
the Name of, ...... 

Association, Putnam Hall, in Cambridge, to incorporate. 
Asylum for the Blind, Massachusetts, in aid of. 

Attachment of Lands, except on mesne process, relating to the levy 
of Execution upon, ..... 

Auditor, Expenses of, incurred for Banks organized under general 

laws, relative to, . 

" First Clerk in Office of, establishing Salary, 

" may require affidavits of purchases for Public Institutions 



Page 186 
65 



B. 

Babson, Fitz J., in favor of, . 

Back Bay, for the more speedy filling of Lands in, additional Act, 
" " Streets and Drainage on, relating to, 

Biiil in Criminal Cases, concerning, .... 

Bail in Criminal Cases in SutFolk County, concerning, 

Baltimore, Massachusetts Soldiers killed and wounded at, April 19th, 
1861, Resolves relative to Act of General Assembly 
of Maryland for relief of Families of, 
" Massachusetts Soldiers wounded at, April 10, 1801, ten- 
dering thanks to Adeline Tyler for services rendered 
them, ,,,.... 



239 



224 



INDEX. 



Ill 



Bank of Brighton, to reduce the Capital Stock of, 
Bank, Central, in Worcester, to reduce the Capital Stock of, 
" Citizens' Savings, in Fall River, Name of, established, 
" Fall River Union, relating to, . 
" Pawners', in New Bedford, to incorporate, 
" Focasset, relating to, .... . 

" Savings, in Fall River, R. I., relating to, . . , 

** Village, in Danvers, to reduce the Capital Stock of, . 
Bank Bills, concerning, ...... 

" ' ** expense of registering and countersigning, in Auditor's 

Office, relative to, . 
" Checks, and certain Orders and Drafts, relating to, 
" Commissioners, Salary of, established, . 
Banks, authorized to pay out U. S. Demand Notes, . 
*' authorized to suspend Specie Payments, 
" organized under general laws, relative to expense of regis 

tering and countersigning Bills of, . 

" Savings, Depositors in, to levy Taxes on, 
" " relating to Returns of, . . . 

Baptist Ministers in Massachusetts, Conference of, to incorporate, 
Barnstable County, Jail and House of Correction, authorizing the 

raising of Money for erection or enlargement of, 
Bdss, Black, for the protection of, . 

Bastardy Laws, relative to proceedings under, 
Bean, Nathaniel, Resolve on petition of, . . . 

Belmont, Cambridge and West Cambridge, establishing Boundary 
Line between, ...... 

Belting Company, Boston, to increase Coital Stock of, 
Bible, reading of, in the Public Schools, concerning, 
Bituminized Pipe Company, American, to incorporate, 
Black Bass, for the protection of, ... . 

Blake, Washington L., in favor of, . 
Blind, Massachusetts Asylum for, in aid of, . 
Board of Agriculture, Secretary of, authorized to employ Clerks, 
Board of Education, Agents of. Salaries established, . 
" " Secretary of. Salary established. 

Bonds or Scrip, ISIassachusetts, providing for the payment of interest 

and principal in Coin, . . . • . 

Boston Belting Company, to increase Capital Stock of, 
Boston, City of, in favor, ..... 

Boston Gas Light Company, to increase the Capital Stock of, 

" Harbor, concerning the mooring of Rafts to Bridges, Piers