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

ACTS 



UESOLA^ES 



PASSED BY THE 



General Court at passac^usdls, 



IN THE YEAR 



18 6 3: 



TOGETHER WITH 



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

ETC., ETC., ETC. 



PUBLISHED BY THE 

SECRETARY OF THE COMMONWEALTH. 




BOSTON: 

WRIGHT & POTTER, STATE PRINTERS, 

No. 4 Spring Lane. 

18 63. 



A CONSTITUTION 



FORM OF GOVERNMENT 



Commontoalt^ d '^uut\ustiU. 



PREAMBLE. 

The end of the institution, maintenance and administra- objects of goT- 
tion of government, is to secure the existence of the body ^'■"™*° ■ 
politic, to protect it, and to furnish the individuals who com- 
pose it, with the power of enjoying, in safety and tranquility, 
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 Body politic, how 
individuals: it is a social compact, by which the whole people u™ature. 
covenants with each citizen, and each citizen with the whole 
people, that all shall be governed by certain laws for the com- 
mon good. It is the duty of the people, therefore, in fram- 
ing a constitution of government, to provide for an equitable 
mode of making laws, as well as for an impartial interpreta- 
tion and a faithful execution of them ; that every man may, 
at all times, find his security in them. 

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



CONSTITUTION. 

a new constitution of civil government for ourselves and 
posterity ; and devoutly imploring his direction in so interest- 
ing a design, do agree upon, ordain and establish the follow- 
ing Declaration of Rights and Frame of Government^ as the 
Constitution of the Commonwealth of Massachusetts. 



PART THE FIRST. 



A Declaration of the Rights of the Inhabitants of the Com- 
monwealth of Massachusetts. 

Equality and Art. I. All mcu arc bom free and equal, and have cer- 
of l"u men"^''*^ taiu uatural, essential and unalienable rights ; among which 
may be reckoned the right of enjoying and defending their 
lives and liberties ; that of acquiring, possessing and protect- 
ing property ; in fine, that of seeking and obtaining their 
safety and happiness. 
Right and duty n, \^ jg ^he right as well as the duty of all men in society, 

of public rellg- ,ti , " n i-im 

ious worship, publicly, and at stated seasons, to worship the buPREMB 
Being, the great Creator and Preserver of the universe. 
Protection there- And no subjcct sliall 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- 
vidid he doth not disturb the public peace, or obstruct others 
in their religious worship. 

AmendmentjArt. [HI. * As the happiness of a people, and the good order and preserva- 

for'this '*"'*^'^ ^^'^^ '^^ ^^^^ 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 public instruc- 

Legislature em- tions in piety, religion and morality ; Therefore, to promote their happl- 

perprovisionXr ^®^^' ^^^ ^^ secure the good order and preservation of their government, 

public worship; the people of this Commonwealth have a right to invest their legislatui'e 

with 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 suppport and maintenance of public Protestant teachers of piety, 

religion and morality, in all cases where such provision shaU not be made 

voluntarily. 

* Note. — Articles of the original constitution and articles of amendment 
thereto, which have become inoperative by reason of subsequent amend- 
ments, are printed in smaller type and inclosed in brackets : obsolete por- 
tions of articles, in some instances confined to a sentence or single word, 
are covered by brackets, but allowed to stand in type uniform with the 
matter still in force. 



CONSTITUTION. 5 

And the neoplo of tliis Commonwealth have also a right to, and do, and to onjoin at- 
invost tlu'ir Icjii.slaturi' witli authority to cMijoin upon all the sul)jeets an ^''"''"■n«8 thore- 
atteuiiaiico upon tlie instructions of the ])ul)lic ti'aclii'rs aforesaid, at stated 
times and seasons, if tliere be an}' on wiiose instructions they can consci- 
entiously and conveniently attend. 

Provided, notwithstanding, that the several towns, parishes, precincts ExciupiveriRhtof 
and other l)odii'S ])olitie, or religious societies, shall at all times, have the electing religious 
exclusive right of electing their public teachers, and of contracting with teachers secured. 
them for tlu-ir support and maintenance. 

And all moneys, paid by the subject to the support of public worship, Option na to 
and of the public teachers aforesaid, shall, if he require it, be uniiorndy J*'"'^' pirocbial 
ai^plied to the support of the public teacher or teachers of his own religious paw^ unless &e! 
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 parisli or precinct in which the said moneys are raised. 

And evevv denomination of Christians, demeaning themselves peace- All denomlna- 

ably, an.l as" good subjects of the Commonwealth, shall be equally under [Ictod.*^"""^ ^'^" 

tlie protection of the law : and no subordination of any one sect or denom- Subordination of 

ination to another shall ever be established by law.l oneserttoanoth- 

^ -■ er prolubited. 

lY. Tlie people of this Commonwealth have the sole and Right of seir-gov- 
exchisive right of governing themselves as a free, sovereign ^'^°™*^°'^^'^"''® • 
and independent State ; and do, and forever hereafter shall, 
exercise and enjoy every power, judisdiction 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 of ^ ° "^'^^^ 
government, vested with authority, whether legislative, ex- 
ecutive or judicial, are their substitutes and agents, and are 

at all times accountable to them. 

VI. No man, nor corporation or association of men, have services rendered 
any other title to obtain advantages, or particular and exclu- ing the'^oniy^itlJ 
sive privileges, distinct from those of the community, than fegesl^'hered'itary 
what arises from the consideration of services rendered to offices are absurd 

, , , . 1 1 • • 1 1 • • -1 , 1 • and unnatural. 

the public ; and tins title being m nature neither hereditary, 
nor transmissible to children or descendants, or relations by 
blood, the idea of a man born a magistrate, lawgiver or judge, 
is absurb and unnatural. 

YII. Government is instituted for the common good ; for objects of gov- 
the protection, safety, prosperity and happiness of the people ; or^pTop'ie^^to 
and not for the profit, honor or private interest of any one '^^^nge^. ^^^ 
man, family or class of men : Therefore the people alone have 
an incontestable, unalienable and indefeasible right to insti- 
tute government ; and to reform, alter or totally change the 
same, wlien their protection, safety, prosperity and happiness 
require it. 

V^lll. In order to prevent those who are vested with Right of people 

,1 •, f 1 • ,1 It • 1 , to secure rotation 

authority, ii-om l»ecoming opjjressors, the people liave a right, inomce. 
at such periods and in such manner as they shall establish 



6 CONSTITUTION. 

by their frame of government, to cause their public officers 
to return to private life ; and to fill up vacant places by cer- 
tain and regular elections and appointments, 
fhe'quaSions ^^' ^^^ clcctions ought to be free ; and all the inhabitants 
prescribed,equai- of tlils Commonwealtli, haviiig such qualifications as thev 

ly eligibl6 to of- , • t% 

fice. shall establish by their frame of government, have an eqvuil 

right to elect officers, and to be elected, for public employ- 
ments. 
tion'^Lfd duty^of X. Eacli individual of the society has a right to be pro- 
reiatwe"""" ''°'^* tcctcd by it iu the enjoyment of his life, liberty and property, 
according to standing laws. He is obliged consequently, to 
contribute his share to the expense of this protection ; to give 
edon'coDs^nt"'^' bis pcrsoual scrvicc, or an equivalent, when necessary : but 
no part of the property of any individual can, with justice, 
be taken from him, or applied to public uses, without 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 
not'' to" bJTaun representative body have given their consent. And when- 
for public uses cvcr tlic public exigcucies require that the property of any 
ou , c. individual should be appropriated to public uses, he shall 
receive a reasonable compensation therefor. 
fomsetotheVwi XI. Evcry subject of the Commonwealth ought to find 
pletl^nT'rom^'t ^ ccrtaiu rcmcdy, by having recourse to the laws, for all 
injuries or wrongs which he may receive in his person, 
property or character. He ought to obtain right and justice 
freely, and without being obliged to purchase it; completely, 
and without any denial ; promptly, and without delay, 
conformably to the laws. 
uL°teT"°°"'^" 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. 
j!i'fyjn*'crimii!S ^'^^ ^^^^ legislature shall not make any law that shall sub- 
cases, except,&c. ject any person to a capital or infamous punishment, except- 
ing for the government of the army and navy, without trial 



CONSTITUTION. 7 

XI II. Ill criminal prosecutions, the verification of facts, '^'■•'""'^ '« '•« 

.... lit • r» 1 proved lu tlio 

m the vicinity where they happen, is one oi the greatest vieiuuy. 
t>eourities of the life, liberty and property of the citizen. 

XIV. Every subject has a right to be secure from all itiK'it "f fPTch 

,,•','' J . /> 1 • 1-1 *"'' seizure regu- 

unreasonable searches and seizures ot his person, Ins houses, lated. 

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 afilrmation, 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 tlie persons or objects of search, arrest or 

seizure: and no warrant ought to be issued but in cases, 

and with the formalties, prescribed by the laws. 

XV. In all controversies concerning property, and in all j'Jfy' 'sacred^' e'i^ 
suits between two or more persons, except in cases in which cept, &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 

fo,, 1 <. i n • J • /> • and bear arms. 

r the common defence. And as, in time oi peace, armies standing armies 

are dangerous to liberty, they ought not to be maintained ftarrpower sub- 
without the consent of the legislature ; and the military ordinate to civu. 
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- Mo^-ai qaaiiflca- 

. i , - \ tions for omce. 

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 representatives: Moral obligations 

T.ij 'lii • fji'i • J -of lawgivers and 

and they have a right to require of their lawgivers and magis- magistrates. 
trates, an exact and constant observance of them, 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- Right of people 
able manner, to assemble to consult upon the common good ; sentati^s "^and 
give instructions to their representatives, and to request of the ^u^g'°" '''2'^'''" 
legislative body, by the way of addresses, petitions orremon- 



8 CONSTITUTION. 

strances, redress of the wrongs done them, and of the griev- 
ances they suffer. 
Power to suspend XX. The power of Suspending the laws, or the execution 
execution!'^ ^"^ of thc laws, ought ucver be exercised but by the legislature, 
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. Thc frccdom of deliberation, speech and debate, in 
reason thereof"'^ cithcr houso of the legislature, is so essential to the rights of 
the people, that it cannot be the foundation of any accusation 
or prosecution, action or complaint, in any other court or 
place whatsoever. 
Frequent ses- XXII. Thc legislature ought frequently to assemble for 
|ect's^thereof° " tlic rcdrcss of gricvauces, for correcting, strengthening and 
confirming the laws, and for making new laws, as the 
common good may require. 
Taxation found- XXIII. No subsidy, chargc, tax, impost or duties, ought 
to be established, fixed, laid or levied, under any pretext 
whatsoever, without the consent of the people, or their repre- 
sentatives in the legislature. 
Erpost facto \a.v!s XXIY. Laws madc to punish for actions done before the 
prohi ited. existence of such laws, and which have not been declared 
crimes by preceding laws, are unjust, oppressive and incon- 
sistent with the fundamental principles of a free government. 
Legislature not XXY. No subjcct ought, iu any case, or in any time, to 
trea.son,Tc. ° bc declared guilty of treason or felony by the legislature. 
Excessive bail or XXVI. No magistrate or court of law shall demand 
punishmentspro!: cxccsssive bail Or sureties, impose excessive fines, or inflict 
hibited. crucl Or uuusual punishments. 

No soldier to be XX YII. lu time of peace, no soldier ought to be quartered 
house!un1es8,&°c^ iu auy liousc 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 XXYIII. No pcrsou cau iu any case be subjected to law- 
uu"s^,\^"'*'''' 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 Ru- XXIX. It is essential to the preservation of the rights of 
cour"^ ^'"^'"'''^ every individual, his life, liberty, property and character, that 
there be an impartial interpretation of the laws, and adminis- 
tration of justice. It is the right of every citizen to be tried 
by judges as free, impartial and independent as the lot of 
Tenure of their humaiiity will admit. It is, therefore, not only the best policy, 
office. Iq^j- fQj. ^ijQ security of tiie 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 themselves well, and 



CONSTITUTION. 9 

that tliey should liavc honorable salaries ascertained and salaries. 
cjitablishcd by standiiii!; laws. 

XXX. In the government of this Commonwealth, the separation of cx- 
Icgislative department shall never exercise the executive and ami ^"iei'i'Bilu.we 
Judicial powers, or either of them : the- executive shall never 'i«P""ae"««- 
exercise tiie legislative and judicial powers, or either of them : 
the judicial shall never exercise the legislative and executive 
powers, or cither of them : to the end it may be a government 
of laws, and not of men. 



PART THE SECOJ^D. 

The Frame of Government. 

The people, inhabiting the territory formerly called the Titie 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 by Legislative de- 
two branches, a Senate and House of Representatives ; each p'"''*"'®"'- 
of which shall have a negative on the other. 

The legislative body [shall assemble every year, on the last seeamendmenta, 
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. 

n. No bill or resolve of the senate or house of represen- oovemor-s veto, 
tatives 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 approbation by signing the same. But if he have any 

2 



10 CONSTITUTION. 

objection to the passing of such bill or resolve, he shall return 
the same, together with his ol)jections thereto, in writing, to 
the senate or house of representatives, in. whichsoever the 
same shall have originated, who shall enter the objections 
sent down by the governor, at large, on their records, and 
Bill may be pass- procccd to recousidcr the said bill or resolve ; but if, after 
of elcr°hou'se'! sucli rcconsidcration, two-thirds of the said senate or house 
notwithstanding, ^f representatives shall, notwithstanding the said objections, 
agree to pass the same, it shall, together with the objections, 
be sent to the other branch of the legislature, 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 persons voting for or 
against the said bill or resolve, shall be entered upon the 
public records of the Commonwealth. 
See amendments, And iu ordcr to prcvcut uunccessary dclays 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 sliall forcvcr have full power and 
judicatories'"'^ autliority to erect and constitute judicatories and courts of 
courts of record, pecord,or otlicr courts, to be held in the name of the Common- 
wealth, 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 persons inhab- 
iting or residing, or brought within the same ; whether tlie 
same be criminal, or civil, or whether the said crimes be 
capital or not capital, and whether the said pleas be real, 
cmirts, &c., may pcrsonal Or mixed ; and for the awarding and making out of 
a miuisteroa s. g^g^^^^^JQj-^ tliercupon : to wliich courts and judicatories are 
hereby given and granted full power and authority, from 
time to time, to administer oaths or affirmations, for the 
better discovery of truth in any matter in controversy, or 
depending before them. 
General court IV. And furthcr, full powcr and authority are hereby 
may enac aw , g-^^^^ ^^^^ granted to the said general court, from time to 
time, to make, ordain and establish all manner of wholesome 
and reasonable orders, laws, statutes and ordinances, direc- 
not repucrnant to tioiis aiid iustructions, cithcr with penalties or without, so as 
, ^j^^ sai-ne be not repugnant or contrary to this constitution, 
as they shall judge to be for the good and welfare of this 
Commonwealth, and for the government and ordering there- 
of, and of the subjects of the same, and for the necessary 
support and defence of the government thereof; and to name 



CONSTITUTION. 11 

ami settle annually, or provide by fixed laws, for the naniin<!; ""»y provido for 
and settliui^, all civil otliecrs witliin the said Commonwealth, appnintmeut of 
the election and constitution of whom are not hereafter in ""''"''"' 
this form of government otherwise i)rovided for; and to set pmsrHbe thoir 
forth the several duties, powers and limits, of the several 
civil and military oniccrs of this Commonwealth, and the 
forms of such oaths, or alhrmations as shall be respectively 
administered unto them for the execution of their several 
offices and places so as the same be not repuf^nant or con- 
trary to this constitution; and to impose and levy propor- ""po^etaxe?; 
tional and reasonable assessments, rates and taxes, upon all 
the inhabitants of, and persons resident, and estates lying, 
within the said Commonwealth ; and also to impose and levy dntips aud es- 
reasonable duties and excises upon any produce, goods, """*' 
wares, merchandise and commodities whatsoever, brought 
into, produced, manufactured, or being within the same ; to to be disposed of 
be issued and disposed of by warrant, under the hand of the teetiou^&c! '^'^° 
governor of this Commonwealth for the time 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 /Jt?,''"!^ 'i"east" 
that has hitherto been practiced, in order that such assess- ''■^''''' ^°- 
ments may be made with equality, there shall be a valuation 
of estates within the Commonwealth, taken anew once in 
every ten years at least, and as much oftener as the general 
court shall order. 



CHAPTER I. 

SECTION II. 

Senate. 

[Art. I. There shall be annually elected, by the freeholders and Senate, numhar 
other inhabitants of this Commonwealth, qualified as in this constitution g[^J^^_ ^ ^'^°™ 
is provided, forty persons to be councillors and senators, for the year 
ensuing their election ; to be chosen by the inhabitants of the districts, See amendments, 
into which the Commonwealth may, from time to time, be divided by the ^nd 2^l' ^^ '^ 
general court for that purpose : and the general court, in assigning the 
numbers to be elected by the respective districts, shall govern themselves 
by the proportion of the public taxes paid by the said districts ; and timely 
make known, to the inhabitants of the Conuiionwealth, the limits of each 



six. 


York, . . . . 


two. 


six. 


Dukes Co. and Nantucket, 


one. 


five. 


Worcester, 


five. 


four. 


Cumberland, 


one. 


three. 


Lincoln, .... 


one. 


one. 


Berkshire, 


two.] 


three. 







12 CONSTITUTION. 

district, and the number of councillors and senators to be chosen therein : 
provided, that the number of such districts shall never be less than thir- 
teen ; and that no district be so large as to entitle the same to choose 
more than six senators. 
Counties to be And the several counties in this Commonwealth shall, until the general 
^19 nc s, un I , pQyj,j. g\y^\\ determine it necessary to alter the said districts, be districts 
gee amendments, for the choice of Councillors and senators, (except that the counties of 
Arts ^ XIII. and Dukes county and Nantucket shall form one district for that purpose,) 
and shall elect the following number for councillors and senators, viz : — 

SuiFolk, . 

Essex, 

]\Iiddlesex, 

Hampshire, 

Plymouth, . 

Barnstable, 

Bristol, 

Manner and time H. The Senate sliall be the first branch of the legisla- 
tors a°nd council ture ; [and the senators shall be clioseu in the following 
'°'^^- manner, viz. : there shall be a meeting on the first Monday 

See amendments, jn April, annuallj, forevcr, of the inhabitants of each town 
and XV.' "'' ' in the several counties of this Commonwealth, to be called 
by the selectmen, and warned in due course of law, at least 
seven daj's before the first Monday in April, for the purpose 
See amendments, of electing pci'sous to be scuators and councillors ; and at 
xxiii. & xxvi'. such meetings every male inhabitant of twenty-one years of 
age and upwards, having a freehold estate, within the Com- 
. monwealtli, 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 the mean- 
itant" defined, -^g ^^ ^j^g word " inhabitant," lu 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- The selectmcu of tlic scvcral towns shall preside at such 
ingl* °''°™^'' " meetings 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- 
ing, and in presence of the town clerk, who shall make a 
Return of votes, fair rccord, in presence of the selectmen, and in open town 
meeting, of the name of every person voted for, and of the 
number of votes against his name ; and a fair copy of this 
record shall be attested by the selectmen and the town clerk, 
and shall be sealed up, directed to the secretary of the 
Commonwealth, for the time being, with a superscription 
rSee amendments, expressing the purport of the contents thereof, and delivered 
jLtt. II. ^^ j^jjg tQ^jj clerk of such towns, to the sheriff of the county 



CONSTITUTION. 18 

in wliicli such town lies, thirty days at least before [the last Anu-mimenu, 
Wednesday in May, annually; or it shall be delivered into 
the secretary's office seventeen days at least before the said 
last Wednesday in May ; and the sherilT of each county shall 
deliver all such certificates, by him received, into the secre- 
tary's ofl^ice, seventeen days before the said last Wednesday 
in May.] 

And the inhabitants of plantations unincorporated, qual- inhabitants of 
ified as this constitution provides, who are or shall be plantations, who 
empowered and required to assess taxes upon themselves uufyvot^ '*^*^' 
toward the suppoi't of government, shall liave 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- piantatioa meet- 
pose shall be held, annually, [on the same first Monday in gefamendments, 
April,] at such place in the plantations, respectively, as the a^''- ^ 
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 he 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 

C^-, , -,-f-, , , •II -I 11 ,1 council to ex- 

on tlie last Wednesday in May,] annually, tlie governor, amine and count 

with five of the council, for the time being, shall as soon as lummouses.*^^"* 

may be, examine the returned copies of such records; and „ 

•' ' 11 • 1 See amendments, 

fourteen days before the said day, he shall issue his summons Art. x. 
to such persons as shall appear to be chosen by a majority of 
voters, to attend on that day, and take their seats accord- 
ingly ; [provided, nevertheless, that for the first year, the 
said returned copies shall be examined by 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 their 
seats as aforesaid.] 

IV. The senate shall be the final judge of the elections, ^^'^f^J"^ ^f 
returns and qualifications of their own members, as pointed elections, &c., 

. • 1 • • Till 1 • 1 ri i TIT 1 of its own mem- 

out in tlie constitution ; and shall, on the said [last Wednes- bers. 
day in May,] annually, determine and declare who are elected see amendments, 
by each district to be senators, [by a majority of votes : and a^^^/iy ^^^' 
in case there shall not appear to be the full number of sena- 



14 CONSTITUTION. 

tors returned, elected by a majority of votes, for any district, 
the deficiency shall be supplied in the following manner, 
vacancies, how viz : Tlic mcmbers of the house of representatives, and such 
^"'"'' senators as shall be declared elected, shall take the names of 

such persons as shall be found to have the highest number 
of votes in such district, and not elected, amounting to twice 
the number of senators wanting, if there be so many voted 
for ; and out of these, shall elect by ballot a number of sena- 
tors 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 vacan- 
cies 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.] 
Quaiificationa of Y. Providcd, ucvertheless, that no person shall be capa- 
Pf'e amendments, l)le of bciug clccted as a scuator, [who is not seized in his 
xxii.''^^^^' '^'"^ o^'ii right of a freehold, within this Commonwealth, of the 
value of three hundred pounds at least, or possessed of per- 
sonal estate of the value of six hundred pounds at least, or 
of both to the amount of the same sum, and] who has not 
been an inliabitaut 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- Yi, xiic scuatc shall have power to adjourn themselves ; 

journ more than •it it i ^ i^ n 

twodajs. provided sucli adjournments do not exceed two clays at a 

time. 

Shall choose its YII. Tlic scnatc shall choose its own president, appoint 

uhtisii itsru\lT. its own officers, and determine its own rules of proceedings. 

peaclimenr" ''"" "V'lH. The sciiatc shall be a court, with full authority to 
hear and determine all impeachments made by the house of 
representatives, against any officer or officers of tlie 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 cliarge in question, 

Limitation of according to evidence. Their judgment, however, shall not 

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

Quovum. IX, Not less tliau sixteen members of the senate, shall 

constitute a quorum for doing business. 



CONSTITUTION. 15 

CHAPTER I. 

SECTION III. 

House of Representatives. 

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

[II. And in orilor to provide for a representation of the citizens of Representatives, 
this Commonwealth, founded upon tlie principle of equality, every cor- '^y^^'io'" chosen. 
poratc town, containing one hundred and fitly ratable polls, may elect See amendments, 
one representative ; every corporate town, containing three hundred and ^^^^J^}"' ■^^^^" 
seventy-five ratable polls, may elect two representatives ; every corporate 
town, containing six hundred ratable jiolls, may elect three representa- 
tives ; and proceeding in that manner, making two hundred and twenty- 
five ratable polls the mean increasing number for every additional repre- 
sentative. 

Provided, nevertheless, that each town now incorporated, not having Proviso as to 
one hundred and fifty ratable polls, may elect one representative ; but no towns having 
place shall hereafter be incorporated with the privilege of electing a raTable polls.^ 
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 
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 ^'^pen'^e of trav- 

, • 1 . . T 111 ellingtoandfrom 

returnnig home, once in every session, and no more, shall thegeneraicourt, 
be paid by the government, out of the public treasury, to •^"'^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 
be chosen by written votes ; [and, for one year at least nest seeXwl'dmenls; 
preceding his election, shall have been an inhabitant of, and audxxr '''''■^^' 
have been seized in his own right of a freehold of the value 
of one hundred pounds, within the town he shall be chosen 
to represent, or any ratable estate to the value of two hun- 
dred pounds ; and he shall cease to represent the said town, 
immediately on his ceasing to be qualified as aforesaid.] 

[IV. Every male person, being twenty-one years of age, and resident Qualifications of 
in any particular town in this Commonwealth, for the space of one year * "o^*'^- 
next preceding, having a freehold estate within the same town, of the See amendments, 
annual income of three pounds, or any estate of the value of sixty pounds. Arts, ill., XX. 
shall have a right to vote in the choice of a representative or representa- '^^ - • 
tives for the said town.] 



16 



CONSTITUTION. 



RepresentatiTes, 
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 



Quorum. 

See amendments, 

Art. XXI. 

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



Privileges of 
members. 



Governor and 
council may 
punish. 

General limita- 
tion. 



Trial may be by 
committee, or 
otherwise. 



[V. The members of the house of representatives shall be chosen 
annually in the month of May, ten days at least before the last Wednes- 
day 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 representatives shall 
constitute a quoi'um 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. 

XL The senate shall have the same powers in the like 
cases ; and the governor and council shall have the same 
authority to punish in like cases : provided, that no impris- 
onment, on the warrant or order of the governor, council, 
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 
determine all cases where their riglits and privileges are 
concerned, and which, by the constitution, they have author- 
ity to try and determine, by committees of their own mem- 
bers, or in such otlier way as they may, respectively, think 
best. 



See amendments, 
Art. VII. 



CONSTITUTION. • 17 

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 
OF Massachusetts ; and whose title shall be — His Excel- U's "tie. 
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 Qualifications. 
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 
Christian religion.] 

[III. Those persons who shall be qualified to vote for senators and By whom chosen, 
representatives, within the several towns of this Commonwealth, shall, at jority of Totes""'' 
a meeting to be calfed for that purpose, on the first Monday of April, 
annually, give in their votes for a governor, to the selectmen, who shall |*®*'?t°x"x'tv' 
preside at such meetings ; and the town clerk, in the presence and with and XV.' '" 
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 sheriif of the county, thirty days at least before the last Wednesday 
in May ; and the sheriff shall transmit the same to the secretary's office, 
seventeen days at least before the said last Wednesday in May ; or the 
selectmen may cause 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 secretarj^ shall lay the same before the senate and the house 
of representatives, on the last AVednesday in May, to be by them exam- 
ined ; and in case of an election by a majority of all the votes returned, 
the choice shall be by them declared and jiublished ; but if no person shall Ho^ chosen, 
have a majority of votes, the house of representatives shall, by ballot, elect ^^^ majority ""^ 
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.] 

IV. The governor shall have authority, from time to Power of gover- 
time, at his discretion, to assemble and call together the ernor''a'nd°'co^un^ 
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 

3 



18 • • CONSTITUTION. 

council, for the ordering and directing the affairs of the 
Commonwealth, agreeably to the constitution and the laws 
of the land. 
May adjourn or y ^i^q govemor, with advice of council, shall have full 

prorogue the gen- o . , . /> i 

erai court upon powcr and authoritv, durmg the session of the general court, 

request, and con- z t ii , ^ • j i j i 

venesame. to adjoum or proroguc the same at any time the two houses 
gpe amendments, shall dcsirc ; [aud to dissolvc the same on the day next pre- 
Art. X. ceding the last Wednesday in May ; and, in the recess of 

tlie said 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 tlie 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 governor shall dissolve the said general court on the day next 
preceding the last Wednesday in May.] 

Governor and YI. In cascs of disagreement between the two houses, 

council may ad- .^, n ^ ii •, t ' ,• p t 

journ the general With regard to tlic uccessity, expediency, or time oi adjourn- 
t^!Xut uot^ex- nient or prorogation, the governor, with advice of the coun- 
dTs"^ "^'"^'y cil, shall have a right to adjourn or prorogue the general 
court, not exceeding ninety days, as he shall determine the 
public good shall require. 
Governor to be Yll. Thc govcmor of tliis Commoiiwealth, for the time 
chief. being, shall be the commander-in-chief of the army and 

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 the legislature to exist, as 



CONSTITUTION. 19 

occasion shall necessarily require ; and to take and surprise, 
by all ways and means whatsoever, all and every such jjerson 
or persons, with their ships, arms, ammunition and other 
goods, as shall, in a hostile manner, invade or attempt the 
invading, con(]uering, or annoying this Commonwealth ; and 
that the governor be intrusted with all these and other 
powers incident to the ofiices 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 the 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 inhaljitants of this Commonwealth, or oblige 
them to march out of the limits of the same, without their 
free and voluntary consent, or the consent of the general 
court ; except so far as may be necessary to march or trans- 
port them by land or water, for the defence of such part of 
the State to which they cannot otherwise conveniently have 
access. 

VIII. The power of pardoning offences, except such as Governor and 
persons may be convicted of before the senate, by an impeach- don^olreMes.^es- 
raent of the house, shall be in the governor, by and with the '^''p'' ^'^- 
advice of council ; but no charter or pardon, granted by the But not before 

convictioii. 

governor, with advice of the council, before conviction, 
shall avail the party pleading the same, notwithstanding any 
general or particular expressions contained therein, descrip- 
tive of the offence or offences intended to be pardoned. 

IX. All judicial officers [the attorney-general, the solici- ah judicial ofn- 
tor-general, all sheriffs,] coroners [and registers of probate,] nominated and 
shall be nominated and appointed by the governor, by and gl^^a,"e^jments 
"with the advice and consent of the council ; and every such Arts.xjv.,xvii! 
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 Miiitia officers, 
elected by the written votes of the train-band and alarm list ^""^ elected. 
of their respective companies, [of twenty-one years of age see amendments, 
and upwards ;] the field officers of regiments shall be elected ^^^- ^■ 

by the written votes of the captains and subalterns of their 
respective regiments ; the brigadiers shall be elected, in like 
manner, by the field officers of their respective brigades ; now commis- 
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. 



20 



CONSTITUTION. 



Major-generals The major-ffenerals shall be appointed by the senate and 

how appointed , f, '' ^ . i ^ ■ • 

and commis- house 01 representatives, each having a negative upon the 

other ; and be commissioned by the governor. 
Vacancies, how Aiid if tlic clcctors of brigadjcrs, field officers, captains or 
&c. ' ' 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. 

Officers duly [And no officer, duly commissioned to command in the militia, shall be 

how'removed.' removed from his office, but by the address of both houses to the governor, 
See amendments, or by fair trial in court martial, pursuant to the laws of the Commonwealth 
Art. IV. £qj, ^;jjg i[xne being.] 

Adjutants &c., fphc Commanding officers of regiments shall appoint their 

how appointed. o ®,.,. i-i-i 

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 
force, shall be considered as the proper divisions of the 
militia of this Commonwealth, until the same shall be altered 
in pursuance of some future law. 

XI. No moneys shall be issued out of the treasury of 
this Commonwealth and disposed of (except such sums as 
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 
tliereof, agreeably to the acts and resolves of the general 
court. 

XII. All public boards, the commissary-general, all super- 
intending officers of public magazines and stores, belonging 
to this Commonwealth, and all commanding officers of forts 
and garrisons within the same, shall, once in every three 
months, officially and without requisition, and at other times, 
when required by the governor, deliver to him an account 
of all goods, stores, provisions, ammunition, cannon with 
their appendages, and small arms with their accoutrements, 
and of all other public property whatever under their care, 
respectively ; distinguishing the quantity, number, quahty 
.and .kind of each, as particularly as may be; together with 



Army officers, 
how appointed. 



Organization of 
militia. 



Money, how 

drawn from the 
treasury, except, 
&c. 



All public toards, 
&c., 'to make 
quarterly ret(uru« 



CONSTITUTION. 21 

the condition of such forts and garrisons ; and tlie said 
conmianding oflicer shall exhibit to the governor, when 
required by him, true and exact plans of sucii 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 goy- 
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 the 
Commonwealth in the character of its chief magistrate — 
it is necessary that he should have an honorable stated 
salary, of a fixed and permanent value, amply sufficient for 
those purposes, and established by standing laws : and it 
shall be among the first acts of the general court, after the 
commencement of this constitution, to establish such salary 
by law accordingly. 

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

And if it shall be found that any of the salaries aforesaid, salaries to be en - 
so established, are insufficient, they shall, from time to time, deut!^' ''^ '°^"^' 
be enlarged, as the general court shall judge proper. 



CHAPTER II. 

SECTION II. 

Lieutenant- Governor. 

Art. I. There shall be annually elected a lieutenant- Lieutenant-gov- 
governor of the Commonwealth of Massachusetts, whose title anT'^ 'quaiifica- 
shali be — His Honor ; and who shall be qualified, in point ''°°^- 
of religion, property, and residence in the Commonwealth, see amendments, 
in the same manner with the governor ; and the day and auVkv.' ' 
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 now chosen, 
declaration of his election, shall be in the same manner ; 
[and if no one person shall l)e found to have a majority of all 
the votes returned, the vacancy shall be filled by the senate 



22 



CONSTITUTION. 



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, 
ing^governorrVn by rcasou of his death, or absence from the Commonwealth, 
case, c. ^^ 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, which, by this constitution, the governor is 
vested with, when personally present. 



President of 
council. 

Lieutenan t-gov- 
ernor a member 
of, except, &c. 



Lieutenant-gov- 
ernor to be act- 



CH^APTER II 



Council. 



See amendments, 
Art. XVI. 



SECTION III. 

Council, and the Manner of settling Elections hy the Legislature. 

Art. I. There shall be a council, for advising the gov- 
ernor in the executive part of the government, to consist of 
[nine] persons besides the lieutenant-governor, whom the 
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 sliall be annually chosen from among the persons 
returned for councillors and senators, on the last Wednesday in May, by 
the joint ballot of the senators and representatives assembled in one room ; 
and in case there shall not be found, upon the first choice, the whole num- 
ber of nine persons who Avill accept a seat in the council, the deficiency 
sliall 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 persons thus elected from the senate, and accepting the 
trust, shall be vacated in the senate.] 

III. The councillors, in the civil arrangements of the 
Commonwealth, shall have rank next after the lieutenant- 
governor. 

have more than U^' -^o* more than two councillors shall be chosen out of any one 
two. district in this Commonwealth.] 



Number ; from 
whom, and how 
chosen. 

See amendments, 
Arts. X , XIII. 
and XVI. 



Senators becom- 
ing councillors, 
seats to be va- 
cated. 

Rank of council- 
lors. 



CONSTITUTION. 23 

y. Tlie resolutions and advice of tlic council shall be negisterofcoun- 
recordcd in a register and signed by the members present ; 
and this record may be called for, at any tiine, 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 ofTicc of the governor and lieutenant- council to ex- 
governor shall be vacant by reason oi deatli, al)sence, or of governor, in 
otherwise, then the council, or tlie 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 them, were personally present. 

[^^I. And Tvhcroas the elections appointed to be made by this consti- Elections may be 
tution on the last Wednesday in May annually, by the two houses of the atijoumed until, 
lepslature, 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 thereof. 
order of elections shall be as follows : the vacancies in the senate, if any, Amendments, 
shall first be filled up ; the governor and lieutenant-governor shall then Arts. xvi. and 
be elected, provided there should be no choice of them by the people ; ' •• 
and afterwards the two houses shall prc^eed to the election of the 
council.] 



CHAPTER II. 

SECTION IV. 
Secretary, Treasurer, Commissary, Sfc. 

Art. I. [The secretary, treasurer and receiver-general, secretary, &«.; 
and the commissary-general, notaries public and naval offi- hL cho"n. '"' 
cers, shall be chosen annually, by joint ballot of the senators irts''°'Tv.'"''and 
and representatives, in one room.] And, that the citizens of -^^'"• 
this Commonwealth may be assured, from time to time, tliat Treasurer ineiigi- 

.1 • • • ii 1 T i ii i ble for more than 

the moneys remainmg in the public treasury, upon tlie set- five successive 
tlement and liquidation of the public accounts, are their y'"'"'^- 
property, no man shall be eligil)le as treasurer and receiver- 
general more than five years successively. 

II. The records of the Commonwealth shall be liept in secretary to keep 
the office of the secretary, who may appoint his deputies, tbe°governorand 
for whose conduct he shall be accountable; and he shall •'O"""'- *^'^- 
attend the governor and council, the senate and house of 
representatives in person, or by his deputies, as they shall 
respectively require. 



24 CONSTITUTION. 

CHAPTER III. 

JUDICIARY POWER. 

Tenure of all Art. I. The teiiure, that all commission officers shall by 

commission ofli- <, • ,a • m iiii i ' ±^ • 

cers to be ex- law havc 111 their omces, shall be expressed in their respec- 
juXlai officers tlvc commissions. All judicial officers, duly appointed, 
to hold office dur- commissioncd and sworn, shall hold their offices diirino; ffood 

ing good beha- ... . ' • i xi • j-% 

Tior, except, &c. bchavior, cxccpting such concerning whom there is diiterent 

May be remoyed provisiou madc iu tliis coustitutiou : provided, nevertheless, 

the governor, with consent of the council, may remove them 

upon the address of both houses of the legislature. 

Justices of su- ji^ Each branch of the legislature, as well as the governor 

preme judicial -i,iii ■• • "• n 

court to give and council, shall have authority to require the opinions oi 
required. ^ ^"^ tlic justiccs of tlic suprcmc judicial court, upon important 

questions of law, and upon solemn occasions, 
jusuces of the m^ Jn order that the people may not suffijr from the 

peace: tenure of . /• • ^- ^ -i i 

their office. loug contiiiuance in place oi any justice oi 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, 
or another person appointed, as shall most conduce to the 
well being of the Commonwealth. 

Provisions for YV ^ i^ij^ uidgcs of probatc of wills, and for granting 

holding probate „ -."^ . 9 •'^iiiiii,. i 

courts. letters oi administration, shall hold their courts at such 

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. 

Provisions for de- [V. All causes of marriage, divorce and alimony, and all appeals from 
termining causes the judges of probate, shall be heard and determined by the governor and 
vorce. &c. ' council until the legislature shall, by law, make other provision.] 



CHAPTER lY. 



DELEGATES TO CONGRESS. 



Delegates to con- [The delegates of this Commonwealth to the congress of the United 
gress. 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 
IVIonday in November then next ensuing. They shall have commissions 
under the hand of the governor, and the great seal of the Commonwealth ; 
but may be recalled at any time within the year, and others chosen and 
commissioned, in the same manner, in their stead.] 



CONSTITUTION. 



CHAPTER V. 

THE UNIVERSITY AT CAMBRIDGE, AND ENCOURAGEMENT OF 
LITERATURE, ifcc. 

SECTION I. 

The University. 

Art. I. TVhereas our wise and pious ancestors, so early Harvard couege. 
as the year one thousand six hundred and thirty-six, laid 
the foundation of Harvard College, in which university many 
persons of great eminence have, by the blessing of God, 
been initiated in those arts and sciences which qualified 
them for public employments, both in church and state ; and 
whereas the encouragement of arts and sciences, and all 
good literature, tends to the honor of God, the advantage 
of the Christian religion, and the great benefit of this and 
the other United States of America, — it is declared, that the powers, prwi- 
President and Fellows op Harvard College, in their i^?^' Resident 
corporate capacity, and their successors in that capacity, g°^g^"*"^^' *'°°' 
their ofiicers and servants, shall have, hold, use, exercise 
and enjoy, all the powers, authorities, rights, liberties, privi- 
leges, immunities and franchises, which they now have, or 
are entitled to have, hold, use, exercise and enjoy ; and the 
same are hereby ratified and confirmed unto them, the said 
president and fellows of Harvard College, and to their 
successors, and to their officers and servants, respectively, 
forever. 

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

several charters successively ; it is declared, that all the ah gifts, grants, 
said gifts, grants, devises, legacies and conveyances, are &<=., confirmed, 
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 tlie president, and a number of the 
clergy in the said act described, constituted the overseers of 

4 



26 CONSTITUTION. 

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 shau be tratcs ; it is declared, that the governor, lieutenant-governor, 
council and senate of this Commonwealth, are, and shall be 
deemed, their successors ; who, with the president of Harvard 
College, for the time being, together with the ministers of 
the congregational churches in the towns of Cambridge, 
Watertown, Charlestown, Boston, Roxbury and Dorchester, 
mentioned in the said act, shall be, and hereby are, vested 
with all the powers and authority belonging, or in any way 
Power of altera- appertaining, to the overseers of Harvard College : provided, 
the legislature, that nothing herein sliall be construed to prevent the legis- 
lature of this Commonwealth from making such alterations 
in the government of the said university, as shall be condu- 
cive to its advantage, and the interest of the republic of 
letters, in as full a manner as might have been done by the 
legislature of the late Province of the Massachusetts Bay. 



CHAPTER Y. 

SECTION II. 
The Encotd'agement of Literature, ^'C. 
Duty of legisia- Wisdom and knowledge, as well as virtue, diffused gen- 

tures and magis- ■•■, jiiip^i ii- n 

trates in all fu- crally amoug the body oi the people, being necessary lor 
seeamendments, thc prcscrvatiou of their rights and liberties ; and as these 
Art. XVIII. depend on spreading the opportunities and advantages of 
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 people. 



CONSTITUTION. 27 

CHAPTER VI. 

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

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

"I, A. B., do declare, that I believe the Christian religion, and have a See amendments, 
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 qualifica- 
tion 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 assem- 
bly ; and the senators and representatives, first elected under this consti- 
tution, before the president and five of the council of the former constitu- 
tion ; 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 
Ijusiness of his place or office, take and subscribe the follow- 
ing declaration, and oaths or affirmations, viz. : 

["I, A. B., do truly and sincerely acknowledge, profess, testify and See amendments, 
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 allegiance to the said Commonwealth, and that I will defend 
the same against traitorous conspiracies and all hostile attempts whatso- 
ever ; 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 Com- 
monwealth ; except the authointy 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 ^d truly, according to the common meaning and acceptation oi 
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 



28 CONSTITUTION. 

best of my abilities and understanding, agreeably to the 
rules and regulations of the constitution, and the laws of 
the Commonwealth. So help me, God." 

Amendments, [Provided, always, that when any person, chosen or appointed as afore- 

Art. VI. said, shall be of the denomination of the people called Quakers, and shall 

decline taking the said oaths, he shall make his affirmation in the fore- 
going form, and subscribe the same, omitting the words, " I do 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."] 

Oaths andaffirm- Aud the said oaths or affirmations shall be taken and sub- 
mSered.'^ ^ " scribcd 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. 
Plurality of offi- H. No ffovemor, lieutenant-governor, or iudge of the 

ces prohibited to . V- • i ^ i ii i i i ^i ct' i 

goTernor, &c., suprcmc judicial court, shall hold any other omce or place, 
except, &c. under the authority of this Commonwealth, except such as 
Art^viif"^'^'^' ^y ^^^^^ constitution they are admitted to hold, saving that 
the judges of the said court may hold the offices of justices 
of the peace through the State; nor shall they hold any 
other place or office, or receive any pension or salary from 
any other State, or government or power, whatever. 
Same subject. No person shall be capable of holding or exercising at the 

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

judicial court — secretary — attorney-general — [solicitor-gen- 
aTi.TiTl™^"*'^' ^^^1] — treasurer or receiver-general — judge of pvobate — 
commissary-general — president, professor or instructor of 
Harvard College — sheriff — clerk of the house of representa- 
tives — register of probate — register of deeds — clerk of the 
supreme judicial court — [clerk of the inferior court of com- 
mon pleas] — or officer ■ of the customs, including in this 



CONSTITUTION. 29 

doscriptioii naval oflkcr? — shall at the samo time have a 
seat ill the senate or house of representatives ; but their 
beins: 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 

UJ). 

And the same rule shall take place in case any judge of same subject. 
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 Bribery, &c., op- 
the legislature, or any office of trust or importance under cation Z"'^'^*'"' 
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 where sums of money are mentioned in vaiue of money 
this constitution, the value thereof shall be computed in perty 'quaim^- 
silver, at six shillings and eight pence per ounce ; and it *'°°*" 

shall be in the power of the legislature, from time to time, s/e amendments, 
to increase such qualiiications, as to property, oi 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- Provisions re- 
, , „ ,- , -111 1 spt'ctiug com- 
monwealth 01 Massachusetts, signed by the governor, and missions. 

attested by the secretary or his deputy, and have the great 

seal of the Commonwealth affixed thereto. 

V. All writs, issuing out of the clerk's office in any of Provisions re- 

1 o 1 1 Ti 1 • 1 r- I /->! spectiug writs. 

the courts of law, shall be in the name oi 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 parly, and be signed by the clerk of such 
court. 

VI. All the laws, which have heretofore been adopted, continuation of 

- 1 • 1 Ti • /-^ 1 Oil" former laws, ex- 

used and approved, in the rrovmce. Colony or fetate oi cept, &c. 
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 Benefit of habeas 

1111 .^1. I- /-I 11- ii J. corpus secured, 

corpus shall be enjoyed in tins Commonwealtn, in the most except, &c. 
free, easy, cheap, expeditious and ample manner ; and shall 
not be suspended by the legislature, except u])on the most 
urgent and pressing occasions, and for a limited time, not 
exceeding twelve months. 



30 CONSTITUTION. 

Jtyie*"*''""^ VIII. The enacting style, in making and passing all acts, 

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." 

Officers of former [IX. To the end there may be no faikire of justice, or danger arise to 
government con- ^j^g Commonwealth, from a change of the form of government, all officers, 
' ' civil and military, holding commissions under the government and people 
of Massachusetts Bay, in New England, and all other officers of the said 
government and people, at the time this constitution shall take effect, 
shall have, hold, use, exercise and enjoy all the powers and authority to 
them granted or committed, until other persons shall be appointed in 
their stead ; and all courts of law shall proceed in the execution of the 
business of their respective departments ; and all the executive and legis- 
lative officers, bodies and jiowers, shall continue in full force, in the enjoy- 
ment and exercise of all their trusts, emplojTiients 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. 
Provision for re- X. In order the more effectually to adhere to the principles of the 
vising constitu- constitution, and to correct those violations which by any means may be 
ments, Art. ix' 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 precepts to 
the selectmen of the several towns, and to the assessors of the unincorpo- 
rated plantations, directing them to convene the qualified voters of their 
respective towns and plantations, for the purpose of collecting their 
sentiments on the necessity or expediency of revising the constitution, in 
order to amendments. 
Same subject. And if it shall apjicar, by the returns made, that two-thirds of the qual- 

ified voters thi'oughout the State, who shall assemble and vote in conse- 
quence 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 office, to the several towns, to elect delegates to meet in 
convention for the purpose aforesaid. 

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

Provision for pre- XI. This form of govcmment shall be enrolled on parch- 
ushi'nlthit con- nient, 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. 



CONSTITUTION. 31 

ARTICLES OF AMENDMENT. 

AiiT. I. If any bill or resolve shall be objected to, and "'"-&«. not ap. 

. 11.1 1 -f il 1 . 1 11 proved within five 

not approved by the p;overnor ; and it the general court shall diiy.-, not to be- 
adjoarn within five days after the same shall have been laid pnl.'turemij'oum 
before the governor for his approbation, and thereby prevent ""theuieautune. 
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. 

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

Art. III. Every male citizen of twenty-one years of age Qualifications of 
and upwards, (excepting paupers and persons under guar- nor7^it"ute^nant- 
dianship.) who shall have resided within the Commonwealth p^emor, seua- 

T . 1 . , T . . 1 • 1 1 tors and repre- 

one year, and within the town or district, in which he may sentativeg. ii 
claim a right to vote, six calendar montlis next preceding see amendments, 
any election of governor, lieutenant-governor, senators or aud'xxvii'^"^' 
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 bylaw 
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. 



32 CONSTITUTION. 

Notaries public, Art. IV. Notai'ies public shall be appointed by the o-qv- 

iiow appointed . , * ,-,,., 'J. • , i 

and removed, emor, 111 the Same manner as judicial oracers are appointed, 
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. 

Vacancies in tiie [In case the office of secretary or treasurer of the Commonwealth shall 
offices of ^ecreta- become vacant from any cause, during the recess of the general court, tlie 
liow filled in case', governor, with the advice and consent of the council, shall nominate and 
&e. appoint, under such regulations as may be prescribed by law, a competent 

Arl. Jmi. "^^^ ' ^^^ suitable person to such vacant office, who shall hold the same until a 
successor shall be appointed by the general court.] 

Commissary-gen- Whenever the exigencies of the Commonwealth shall 
potnt^d7in^ciei rcquirc the appointment of a commissary-general, he shall 
&<=■ be nominated, appointed and commissioned, in such manner 

as the legislature may, by law, prescribe. 
Militia officers, All officcrs commissioucd to command in the militia, may 

be removed from office in such manner as the legislature 

may, by law, prescribe. 



how removed. 



Who may vote Art. Y. Ill tlic clections of captains and subalterns of 
subalterns'!^ *^° thc militia, all the members of their respective companies, as 

well those under as those above the age of twenty-one years, 

shall have a right to vote. 

Oath to be taken Art. YI. Instcad of thc oatli of allcgiaucc prescribed by 
by au officers; thc coustitutiou, thc followlng oath shall be taken and sub- 
scribed by every person chosen or appointed to any office, 
civil or military, under the government of this Common- 
wealth, before he shall enter on the duties of his office, to 
wit: — 

" I, A. B., do solemnly swear, that I will bear true faith 
and allegiance to the Commonwealth of Massachusetts, and 
will support the constitution thereof. So help me, God." 
or affi^rmationin Pfovided, That wlicu any person shall be of the denomi- 
nation called Quakers, and shall decline taking said oath, 
he shall make his affirmation in the foregoing form, omitting 
the word " swear," and inserting, instead thereof, the word 
" affirm," and omitting the words, " So help me, God," and 
subjoining, instead thereof, the words " This I do under the 
pains and penalties of perjury." 

Tests abolished. Art. YII. 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 
tiiem to perform the duties of their respective offices. 



case, &c. 



CONSTITUTION. 33 

Art. \lll. No judge of any court of this Cqinmonwealth, incompatibility 
[except the court of sessions,] and no person holding- any o*"°*"<^^'^*- 
office under the authority of the United ^States (postmasters 
excepted,) shall, at the same time, hold the office of governor, 
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 memi)er of the Congress of the United States, and 
accepting that trust ; but the acceptance of such trust, by 
any of the officers aforesaid, shall bo deemed and taken to 
be a resignation of his said office; [and judges of the courts 
of common pleas shall hold no other office under the govern- 
ment of this Commonwealth, the office of justice of the peace 
and militia offices excepted.] 

Art. IX. If, at any time hereafter, any specific and par- Amenaments to 

, ' •' 1 ••! cotistitutiou,how 

ticular amendment or amendments to the constitution be made. 
proposed in the general court, and agreed to by a majority 
of the senators and two-thirds of the members of the house 
of representatives present and voting thereon, such proposed 
amendment or amendments shall be entered on the journals 
of the two houses, with the yeas and nays taken thereon, and 
referred to the general court then next to be chosen, and 
shall be published ; and if, in the general court next chosen 
as aforesaid, such proposed amendment or amendments shall 
be agreed to by a majority of the senators and two-thirds of 
the members of the house of representatives present and 
voting thereon, then it shall be the duty of the general court 
to submit such proposed amendment or amendments to the 
people ; and if they shall be approved and ratified by a 
majority of the qualified voters, voting thereon, at meetings 
legally warned and holdeii for that purpose, they shall become 
part of the constitution of this Commonwealth. 

Art. X. The political year shall begin on the first commencement 
Wednesday of January, instead of the last Wednesday of ° p"""''' ^''^'■' 
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 d is- and termination. 



34 CONSTITUTION. 

solved on tlie 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 togetiier by the gov- 
ernor. The governor, lieutenant-governor and councillors, 
shall also hold tlieir respective offices for one year next 
following the first Wednesday of January, and until others 
are chosen and qualified in their stead. 

Meetings for the [The meeting for the choice of governor, lieutenant-governor, senators 
choice of gover- ^^ representatives, shall be held on the second Monday of November in 
nor, heutenant- i '. i-^ •^r-ii- 

governor, &c., every year; but meetings may be adjourned, it necessary, tor the choice 
when to be held, of representatives, to the next day, and again to the next succeeding day, 
^^ay e a journ ^^^^ ^^^ further. But in case a second meeting shall be necessary tor the 
Sne amendments, choice of representatives, such meetings shall be held on the fourth Monday 
Art. XV. of the same month of November.] 

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

Article, when to This article shall go into operation on the first day of 
October, next following the day when the same shall be duly 
ratified and adopted as an amendment of the constitution ; 
and the governor, lieutenant-governor, councillors, senators, 
representatives, and all other state officers, who are annually 
chosen, and who shall be chosen for the current year, when 
the same shall go into operation, shall hold their respective 
offices until the first Wednesday of January then next fol- 
lowing, and until others are chosen and qualified in their 
stead, and no longer ; and the first election of the governor, 
lieutenant-governor, senators and representatives, to be had 
in virtue of this article, shall be had conformably thereunto, 
in the month of November following the day on which the 
same shall be in force and go into operation, pursuant to tlie 
foregoing provision. 

incon.Mstent pro- All tlic provisious of the existing constitution, inconsis- 
tent with the provisions herein contained, are hereby wholly 
annulled. 



go into operation. 



visions annulled. 



Religious free- Art. XL lustcad of tlic third article of the bill of rights, 
om es B e . ^|^^ 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 



CONSTITUTION. 35 

of a people, and the security of a rej)ul)lican fjovenuiiciit ; 
therefore the several religious societies of this Conuuoii- 
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." 

[Art. XII. In order to provide for a representation of the citizens of Census of ratable 
this Commonwealth, founded upon the principles of equality, a census of P^'l^oo- ^ ^^^?^ 
the ratable polls in each city, town and district of the Commonwealth, on eennialVy^'there- 
the first day of May, shall be taken and returned Into the secretary's after. 
office, in such manner, as the legislature shall provide, within the month 
of May, in the year of our Lord one thousand eight hundred and thirty- 
seven, and in every tenth year thereafter. In the month of May, in manner 
aforesaid : and each town or city having thi-ee hundred ratable polls at the Representatives, 
last preceding decennial census of polls, may elect one representative, how apportioned. 
and for every four hundred and fifty ratable polls, in addition to the first Arts^.^TliL^and 
three hundred, one representative more. xxi. 

Any town having less than three hundred ratable polls shall be repre- Towns having 
sented thus : The whole number of ratable polls, at the last prececling less than 300 
decennial census of polls, shall be multiplied by ten, and the product ^present^e'd.' ^*''' 
divided by three hundred ; and such town may elect one representative 
as many years within ten years, as three hundred is contained in the 
product aforesaid. 

Any city or town having ratable polls enough to elect one or more Fractions, how 
representatives, with any number of polls beyond the necessary number, represented. 
may be represented, as to that surplus number, by multiplying such sur- 
plus number by ten, and dividing the product by four hundred and fifty ; 
and such city or town may elect one additional rejiresentatlve 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, by consent of Towns may unite 
a majority of the legal voters present at a legal meeting in each of said 'p'o representa- 
towns and districts, respectively, called for that purpose, and held previous *'^® districts. 
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 tlie election of a representa- 
tive or representatives ; and such districts shall have all the rights, in 



36 CONSTITUTION. 

regard to representation, which would belong to a town containing the 

same number of ratable polls. 
The governor and The governor and council shall ascertain and determine, within the 
council to deter- months of July and Aujjust, in the year of our Lord one thousand eierht 

mine the number i i i j /i • i. o ' ^• , ,-i n • • • i j.i 

ofrepresentatives hundred and thirty-SBven, accordnig to the loregonig prmciples, the num- 

to which each ber of representatives which each city, town and representative district is 

town IS entitled, entitled to elect, and the number of years, within the period of ten years 

then next ensuing, that each city, town and representative district may 

New apportion- elect an additional representative ; and where any town has not a sufB- 

nient to be made cient number of poUs to elect a representative each year, then, how many 

years!" ^^^^^ *^° years within the ten years, such town may elect a representative ; and 

the same shall be done once in ten years thereafter, by the governor and 

council, and the number of ratable polls in each decennial census of polls 

shall determine the number of representatives which each city, town and 

representative district may elect as aforesaid ; and when the number of 

representatives to be elected by each city, town or representative district 

is ascertained and determined as aforesaid, the governor shall cause the 

same to be published forthwith for the information of the people, and that 

number shall remain fixed and unalterable for the period of ten years. 

Inconsistent pro- All the provisions of the existing constitution inconsistent with the 

visions annulled, provisions herein contained, are hereby wholly annulled.] 

Census of inhabi- Art. XIII. [A census of the inhabitants of each city and town, on the 
*"''iS4n ^^*d^™•^^^*' ^^^- °^ ^^fiy? shall be taken and returned into the secretary's office, 
cenniaiiy there- On or before the last day of June, of the year one thousand eight hundred 
after, for basis of and forty, and of every tenth year thereafter ; which census shall deter- 
Pee^ame'ndments ^^^^^^ ^^^ apportionment of Senators and representatives for the term of 
Art. xxri. ' ten years. 

Senatorial dis- The several senatorial districts now existing, shall be permanent. The 
tricts declared senate shall consist of forty members ; and in the year one thousand eight 
See'amen'dments, hundred and forty, and every tenth year thereafter, the governor and 
Art. XXII. council shall assign the number of senators to be chosen in each district, 

according 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 members of the house of representatives shall be apportioned in 
sentatives, how ^]jg following manner : Every town or city containing twelve hundred 
See amendments inhabitants, may elect one representative; and two thousand four hun- 
Art. XXI. clred inhabitants shall be the mean increasing number, which shall entitle 

it to an additional representative. 
Small towns, how Every town containing less than twelve hundred inhabitants shall be 
represented. entitled to elect a representative as many times, within ten years, as the 
number one hundred and sixty is contained in the number of the inhabi- 
tants of said town. Such towns may also elect one representative for the 
year in which the valuation of estates within the Commonwealth, shall be 
settled. 
Towns may unite Any two or more of the several towns may, by consent of a majority of 
i> to repre^-enta- ^[^q legal voters present at a legal meeting, in each of said towns, respec- 
tively, called for that purpose, and held before the fii-st 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. 
Basis of represen- The number of inhabitants which shall entitle a town to elect one rep- 
of incre^'e*! ^'^^^^ roseutative, and the mean increasing number, which shall entitle a town 
or city to elect more tlian one, and also the number by which the popula- 
tion of towns, not entitled to a representative every year, is to be divided, 



CONSTITUTION. 87 

shall bo inoreasoil. rospci-tivoly, by one-tonth of the numbers above men- 
tioned, whenever the population ot the Commonwealth shall have increased 
to seven hundred and seventy thousand, and for every additional inrrcase 
of seventy thousand inhabitants, the same addition of one-tenth shall be 
made, respectively, to the said numbers above mentioned. 

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

before the first dav of September, apportion the number of representatives ^P""^'' *° ippor- 

... , . - ', ', .• T , • i • ^"xi 1 i 1 i 1 tion the number 

■which each city, town and representative district is entitled to elect, and of representatives 

ascertain how many years, within ten years, any town may elect a rep- of eaoh tow-n once 

resentative, Mhich is not entitled to elect one every year; and the governor '°'^^^'^y en years 

shall cause the same to be ])ublished forthwith. 

Nine councillors shall be annually chosen from among the people at Councillors to be 

large, on the first "Wednesday of January, or as soon thereafter as may be, people at "large '^^ 

by the joint ballot of the senators and representatives, assembled in one See amendments, 

room, who shall, as soon as may be, in like manner, fill up any vacancies ^^^- ^^^\ 

that may happen in the council, by death, resignation or otherwise. No ^o"uncmors°°* °^ 

person shall be elected a councillor who has not 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 Freehold as a 

, ' . , ^•^^ 1' n i i t , • ' ,^ quahfication not 

be required as a qualincation lor 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 piuraiity^ofvot^s^ 
constitution, the person having the highest number of votes 
shall be deemed and declared to be elected. 

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

Art. XYI. Eight councillors shall be annually chosen by Eight conncuiors 
the inhabitants of this Commonwealth, qualified to vote for the'^peop^ie!^'^ ^^ 
governor. The election of councillors shall be determined 
by the same rule that is required in the election of governor. 
Tiie legislature, at its first session after this amendment Legislature to dis- 
shall liave 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, witliout dividing any town or ward of 
a city, and each entitled to elect one councillor ; provided, 
however, that if, at any time, the constitution shall provide 



38 



CONSTITUTION. 



for the division of the Commonwealth into forty senatorial 
districts, then the legislature shall so arrange the councillor 
districts, that each district shall consist of five contiguous 
senatorial districts, as they shall be, from time to time. 

Eligibility defin- 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 preceding liis clcction. The day and manner of the elec- 
tion, the return of the votes, and the declaration of the said 
elections, shall be the same as are required in the election 
of governor. "Whenever there shall be a failure to elect the 
full number of councillors, the vacancies shall be filled in the 
same manner as is required for filling vacancies in the senate ; 
and vacancies occasioned by death, removal from the State, 
or otherwise, shall be filled in like manner, as soon as may 
be after such vacancies shall have happened. And that 
there maybe no 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. 



ed 



of election, &c. 



Vacancies, how 
filled. 



Organization of 
the government. 



Election of secre- Art. XVII. Thc sccrctary, trcasurcr and receiver-gen- 
audiW '^anT'^atl cral, auditor, aud attorney -general, shall be chosen annually, 
the^peope.*"^*'''^ on the day in November prescribed for the choice of gov- 
ernor ; and each person then chosen as such, duly qualified 
in other respects, shall hold his office for the term of one 
year from the third Wednesday in January next thereafter, 
and until another is chosen and qualified in his stead. The 
qualification of the voters, the manner of the election, the 
return of the votes, and the declaration of the election, shall 
be such as are required in the election of governor. In 
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 



Vacancies, how 
fiUed. 



CONSTITUTION. 89 

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 
receivcr-<reneral, or auditor, or attorney-general, shall 
become vacant, from any cause, during au 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 within 
case any person chosen or appointed to either of the offices wise oMce 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 Qualifications re- 
ef said offices unless he shall have been an "inhabitant of ^"'^''^■ 
this Commonwealth five years next preceding his election 
or appointment. 

Art. XYIII. All moneys raised by taxation in the towns school moneys 
and cities for the support of public schools, and all moneys fo°/ sectarian"^ 
which may be appropriated by the State for the support of ^°^°°^^- 
common schools, shall be applied to, and expended in, no 
other schools than those which %re 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. 

Art. XIX. The legislature shall prescribe, by general ^f^^|,^be7or*the 
law, for the election of sheriffs, registers of probate, commis- election of sher- 
sioners of insolvency, and clerks of the courts, by the people proimtef &c!! by 
of the several counties, and that district-attorneys shall be tt'sp^op'e- 
chosen by the people of the several districts, for such term 
of office as the legislature shall prescribe. 

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

,. .. , ^- ^ , , . . •-,, , . ^^ tution in Lnglii-n 

eligible to office under the constitution ot tins Lommon- and writing, ne- 
wealth, who shall not be able to read the constitution in the tim'rof voters!"' 
English language and write his name : provided, hoivever, Proviso, 
that the provisions of this amendment shall not apply to any 



of 240 members. 



40 CONSTITUTION. 

person prevented by a physical disability from complying 
with its requisitions, nor to any person who now lias 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 
habitants, when town, ou the fii'st day of May, shall be taken and returned 
taken, &c. ^^^^^ ^j^^ officc of the sccrctary of the Commonwealth, on or 
fhlp^ter 20^^ ^'^*' ^^^o^'^ 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 tlie 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. 
Hous^e to^onsist Thc liousc 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 eacli 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 the county 
of Norfolk, shall, for this purpose, as well as in the formation 
of districts, as hereinafter provided, be considered a part of 
the county of Plymouth ; and it sliall be the duty of the 
secretary of the Commonwealth, to certify, as soon as may 
be after it is determined by the legislature, tlie 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, — 
Legislature^ to or in lieu of tlic mayor and aldermen of the city of Boston, 
or of the county commissioners in each county other than 
Suffolk, such board of special commissioners in each county, 
to be elected by the people of the county, or of the towns 
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 lea:al voters in the several districts of 



apportion, &c. 



CONSTITUTION. 41 

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 one hundred 

members of tlie house of representatives shall constitute a qu^u^^ 

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 and census of voters 
town, on the first day of May, shall be taken and returned to be '^kenl'*"'* 
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 
between the taking of the census. The senate shall consist senate to consist 
of forty members. The general court shall, at its first session senatwIS^dis- 
after each next preceding special enumeration, divide the *"<=*«' &•=• 
Commonwealth into forty districts of adjacent territory, each 
district to contain, as nearly as may be, an equal number of 
legal voters, according to the enumeration aforesaid : pro- Proviso. 
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 
two or more counties, into one district. Each district shall Qualifications of 
elect one senator, who shall have been an inhabitant of this ^*°^'°"- 
Commonwealth five years at least immediately preceding his • • 
c 



42 CONSTITUTION. 

election, and at the time of liis 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 cease to 
Sixteen members be an inhabitant of the Commonwealth. Not less than 
a quorum. sixtccn scnators shall constitute a quorum for doing busi- 
ness ; 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 person of foreign birtli shall be entitled to vote, or 
years required of si^^U be eligible to office unless he shall have resided within the jurisdic- 
zen, to entitle to tion of the United States for two years subsequent to his naturalization, 
suffrage or make and shall be Otherwise qualified, according to the constitution and laws of 
[AnnuUed° *See t^"s Commonwealth : provided, that this amendment shall not affect the 
amendment, Art. rights which any person of foreign birth possessed at the time of the 
XXVI.] 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 in the Art. XXIV. Auv vacancv In the senate shall be filled by 



senate 



council. 



election by the people of the unrepresented district, upon the 
order of a majority of senators elected. 

Vacancies in the Art. XXV. lu casc of a vacaucy 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. 

Art. XXVI. 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 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 pos- 
sessed 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," is hereby wholly annulled. 



CONSTITUTION. 43 



[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 Soptoniber, 1779, and continued by adjournments to the second 
day of March, 1 780, 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 Wed- 
nesday of October next ; and not before, for any purpose, save only for 
that of making elections, agreeable to this resolution." The first legislature 
assembled at Boston, on the twenty-fifth day of October, 1 780. 

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

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

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

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 fpurteenth 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 sLxth day of April, 1840. 

The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth and nine- 
teenth Articles of Amendment w6re 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. 



44 CONSTITUTION. 

The twenty-third Article of Amendment was adopted by the legisla- 
tures 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, 1860. 

The twenty-sixth Article of Amendment was adopted by the legisla- 
tures of the political years 1862 and 1863, respectively, and ratified by 
the people on the sixth day of April, 1863.] 



INDEX TO THE CONSTITUTION. 



A. 

Page. 

Adjutant-General, how appointed, 20 

Adjutants of Regiments, how appointed, 20 

Affirmations. See Oaths and Affirmations. 

Agriculture, Arts, Commerce, &c., encouragement of, 26 

Amendments to the Constitution, how made, 33 

Apportionment of Councillors, 37, 38 

" of Representatives, 15, 35, 36, 37, 40 

of Senators 11, 12, 36, 41 

Armies, Standing, should not be maintained without consent of Legis- 
lature, 7 

Arms, Right of People to keep and bear, 7 

Articles of Amendment, 31 

Attorney-General, how appointed, 19 

" how elected, 38, 39 

" Qualifications of, 39 

" Vacancy in Office of, how filled, .... 39 

Attorneys, District, how chosen, 39 

Auditor, how chosen 38, 39 

" Qualifications of, 39 

* " Vacancy in Office of, how filled, 38 

B. 

Bail and Sureties, Excessive, not to be demanded, .... 8 

Bills and Resolves, to be laid before the Governor for revisal, . . 9 
" " to have the force of law, unless returned within 

five days, 10 

" " to be void when not returned, if Legislature ad- 
journs within five days, 32 

" " when vetoed, may be passed by two-thirds of each 

House, 10 

Bills, Jloney, to originate, in the House of Representatives, . . 16 

Body Politic, how formed, and nature of, 3 

Bribery or Corruption in obtaining an Election, to disqualify for Office, 29 



46 INDEX TO THE CONSTITUTION. 

c. 

Page. 

Census of Inhabitants, when and how taken, 36, 40 

" of Legal Voters, when and how taken, 40, 41 

" of Ratable Polls, when and how taken, 35 

Cities, General Court empowered to charter, . . . . . 31 

Civil and Military Officers, duties of, to be prescribed by Legislature, 11 
Commander-in-Chief. See Governor. 

Commerce, Manufactures, Arts, &c., encouragement of, . . . 26 

Commissary-General, when and how nominated, &c., .... 32 

" " to make Quarterly Returns, .... 20 

Commissioners of Insolvency, how chosen, 39 

Commission Officers, Tenure of Office to be expressed in Commis- 
sion, 24 

Commissions, how made, signed, countersigned, and sealed, . . 29 

Congress, Delegates to, how chosen and commissioned, ... 24 

" " may be recalled, and others commissioned, . . 24 

" what Offices may not be held by members of, . . . 33 

Constitution, Amendments to, how made, 33 

" Revision of in 1795, provided for, ..... 30 
" to be enrolled, deposited in Secretary's Office, and printed 

with the laws, 30 

Coroners, how appointed, 19 

Corruption. See Bribery. 

Council, and the manner of settling Elections by the Legislature, . 22 

" may exercise powers of Executive, when, &c., ... 23 

*' Members of, number, and how chosen, .... 22, 23, 38 

" Members of, to be sworn in presence of both Houses, . . 28 

" Objects of, 23 

" Quorum of, 23 

" Rank and Qualifications of Members of, ... . 23, 38 

" Register of, subject to the call of either House, ... 23 

" Resolutions and Advice of, to be recorded, .... 23 

" Vacancies in, how filled, 38 

Court, Superior, Judges of, proliibited from holding other Offices, . fi3 

" Supreme Judicial, Judges of. Tenure of Office of, and Salary, 8, 21, 22 

Courts and Judicatories, may administer Oaths and Affirmations, . 10 

<' Clerks of, how chosen, 39 

" of Probate. See Probate. 

" of Record and Judicatories, the General Court may establish, . ,10 

Crimes and Oflences, Prosecutions for, regulated, .... 6, 7 

D. 

Debate, Freedom of, in Legislature, affirmed, 8 

Declaration of Rights, 4 

Delegates to Congress, 24 

" " how chosen, ....... 24 

" " may be recalled, and others commissioned, . 24 



INDEX TO THE CONSTITUTION. 



47 



District-Attorneys, how chosen, .... 
Districts, Councillor, how established and arranged, 

" Representative, how formed, 

" " Towns may unite in, . 

" Senatorial, how establislied and arranj^'ed. 
Divorce and Alimony, causes of, how determined, 
Duties of Civil and Military Officers, to be prescribed by Legislature, 









Page. 
39 






12, 


37, 
35, 


38 
40 
36 






12, 


36, 


41 
24 



11 



E. 

Elections, by Legislature, Adjournment of, 23 

" Order of, 23 

" by the People, Plurality Rule to prevail in, ... 37 

" Freedom of, affirmed, ........ 6 

Election Returns, by whom examijied, &c., 13, 38 

Enacting Style, established, 30 

Encouragement of Literature, 26 

Enrollment. See Constitution. 

Equality and Natural Rights, recognized, 4 

Estates, Valuation of, when taken, 11 

Executive Power, 17 

'• not to exercise Legislative or Judicial Powers, ... 9 

Ex Post Facto Laws, injustice of, declared, 8 



F. 

Felony and Treason, conviction of, by Legislature, forbidden, 

Fines, Excessive, prohibited, 

Freedom of Debate, in Legislature, affirmed. 



G. 

General Court, frequent sessions of, enjoined, 8 

" " how formed, • . . . 9 

" " may make Laws, Ordinances, &c., .... 10 
" 'i may provide for the naming and settling of Civil 

Officers, 10, 11 

" " may prescribe the duties of Civil and Military Officers, 11 

" *' may impose Taxes, Duties, and Excises, ... 11 

" " may constitute Judicatories, and Courts of Record, . 10 

*' " may charter Cities, 31 

" " may be prorogued by Governor and Council, . . 18 

" " when to assemble, and when to be dissolved, . 10, 18, 34 

Government, Frame of, 9 

" Executive, Legislative, and Judicial Departments of, 

limits defined, 9 

" Objects of, 3 

" Right of People to institute, alter, &c., .... 3,5 

Governor, may call Councillors together at his discretion, ... 17 



48 



INDEX TO THE CONSTITUTION. 



Page. 

Governor, qualifications of, 17, 27, 32 

" Salary of, 21 

" shall sign such Bills and Eesolves as he approves, . . 9 

" shall return such Bills and Eesolves as he does not approve, 9 

" Style and Title of, 17 

" to be Commander-in-Chief of Military Forces of State, . 18 

•' to be sworn in presence of both Houses, .... 27 

" the holding of other Offices by, prohibited, . . .28, 33 

" when and how chosen, 17, 31, 34, 37 

" and Council, may pardon Offences, after Conviction, . 19 

" " may prorogue the Legislature, ... 18 

" " shall examine Election Returns, . . .13, 38 



H. 

Habeas Corpus, benefit of, secured, 29 

" " not to be suspended more than twelve months, . . 30 

Harvard College, Powers, Privileges, Grants, &c., confirmed to, . 25 

" " who shall be Overseers of, 26 

" " Government of, may be altered by Legislature, . 26 

House of Representatives, 15 

" " Members of, how apportioned and chosen, 15, 16 

34, 35, 36, 37, 40, 41, 42, 43 
" " qualifications of Members of, . . 15, 37, 41 

" " qualifications of Voters for Members of, 15, 31, 39 

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

own Members, 

" " to choose its own Officers, establish its own 

Rules, &c., 

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

" " may try and determine all Cases involving 

its Rights and Privileges, 
*' " shall be the Grand Inquest to impeach, 

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

" " not to adjourn for more than two days, 

" " Quorum of, 

" " Members of, exempt from arrest on Mean 

Process, 

" " Towns may be fined for neglecting to return 

Members to, 

" " Travelling Expenses of Members of, how 

paid, ....... 

" *' Oaths or Affirmations of Members of, how 

taken and subscribed to, .... 27, 28 



16 

16 

16 

16 
16 
16 
16 
16,43 

16 



15 



INDEX TO THE CONSTITUTION. 



49 



I. 



Impeacliment, Limitation of Sentence for, 
Inipeaelnnents, how made and tried, 
Incompatihio Offices, enumeration of, . 
'"Inhabitant," word defined. 
Inhabitants, Census of, when taken, 
Insolvency, Commissioners of, how chosen. 
Instruction and Petition, Eight of, affirmed, 



Page. 

U 

14, IG 

28, 33 

12 

3G, 41 

39 

8 



J. 

Judicatories and Courts of Record, Legislature may establish, . . 10 
*' " " may administer Oaths and Affirm- 
ations, 10 

Judicial Department, not to exercise Legislative or Executive Powers, 8 

" Officers, how appointed, 19 

" " to hold Office during good behavior, except, &c., . 24 

" " may be removed on Address of Legislature, . . 24 

Judiciary Power, 24 

Judges of Superior Court, what other Offices may not be held by, . 33 

Judges of Probate, shall hold Courts on fixed days, &c., ... 24 

" " Appeals from, how heard and determined, . . 24 

" " what other Offices may not be held by, ... 33 

Jury, Eight of Trial by, secured, 7 

Justices of the Peace, Tenure of Office of, 24 

" " Commissions of, may be renewed, ... 24 
" Supreme Judicial Court, Tenure of Office, and Salaries of, 8, 21, 24 
" " " " what other Offices may not be held 

by, 28, 33 

" " " " Opinions of, may be required by 

Executive or either branch of 

Legislature, .... 24 



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, 
" Ez 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, 40, 41, 

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

7 



50 



INDEX TO THE CONSTITUTION. 



Legislature. See General Court. 
Lieutenant-Governor, 

" " vrhen and liow chosen, 

" " title of, . . . 

" " qualifications of, 

" " powers and duties of, 

" " to be sworn in presence of both Houses, 
Literature, Encouragement of, 



Page. 

21 
21, 31, 34, 37 
21 
21 
22 
28 
26 



M. 

Magistrates and Officers, accountability of, . 

Major-Generals, how appointed and commissioned, 

Martial Law, persons not in the Army, Navy, or actual service, not to 

be subject to, 

Meetings, Plantation, provisions respecting, 
" Town, Selectmen to preside at, . 
Military Power, to be subordinate to Civil, . 
Militia Offices, vacancies in, how filled, . • . 
" Officers, how elected and commissioned, . 
" " how removed, .... 

" organization of, into Brigades, Regiments, and Comp 
confirmed, ...... 

Money Bills, to originate in House of Eepresentatives 
' ' how drawn from the Treasury, 
" value of, how computed, .... 

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



5 

20 

8 

13 

12 

7 

20 

20, 32 

20, 32 

20 
16 
20 
29 
39 



N. 



Notaries Public, how chosen, 

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



23 

32 



0. 

Oaths and Affirmations, Courts and Judicatories may administer, . 10 

" " Porms of, 27, 32 

" " how and by whom taken and subscribed, 27, 28, 32 

" and Subscriptions ; Incompatibility of and exclusion from 

Offices, &c., &c., 27 

" variation of, in behalf of Quakers, 28, 32 

OflPences. See Crimes and Offences. 

Office, Right of People to secure Rotation in, 5, 6 

" Equal Right of all to, affirmed, 6 

" no person eligible to, who cannot read and write, ... 39 



INDEX TO THE CONSTITUTION. 



51 



Officers, Civil, Legislature may provide for the naming: and scttlin.Ej 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, Militia, how elected and commissioned, . 
" " how removed, .... 

Offices, Incompatible, 

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



Governor, 



Pago. 

10 

11 



30 

5 

20,32 

20, 32 

28,33 

20 

28, 33 



P. 

Pardon, Power of, vested in Governor and Council, .... 19 

People, Right of, to keep and bear Arms, 7 

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

the laws, 6 

Petition and Instruction, Right of, affirmed, 8 

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

Councillors and Senators, 13 

Plurality of Votes, election of Civil Officers by, .... 37 

Political Year, when to begin and end, 33 

Polls, Ratable, Census of, when taken, 35 

Power, Executive, 17 

" Judiciary, 21 

" Legislative, 9 

Preamble, 3 

Press, Liberty of, essential to Freedom, 7 

Probate, Judges of, shall hold Courts on fixed days, &c., ... 24 

" " Appeals from, how heard and determined, . . 24 

*' " what other Offices may not be held by, . . 33 

" Registers of, how appointed, 19 

" " how elected, 39 

Property, Private, not to be taken for Public Uses without Compen- 
sation, 6 

Property Qualification, may be increased by Legislature, ... 29 

" " partially abolished, 37 

Prosecutions, for Crimes and Offences, regulated, .... 6 

Public Boards, Returns of, how, when, and to whom made, . . 20 

" Officers, Right of People with reference to, ... • 6 

" Services, the only Title to particular and exclusive Privileges, 5 

" Worship, the Right and Duty of, 4 

" " Legislature may compel provisions for, ... 4 

Punishments, Cruel and Unusual, proliibitcd, 8 



52 



INDEX TO THE CONSTITUTION. 



Q. 



Page. 
. 28, 32 
17, 31, 39 
. 21, 39 
. 38, 39 



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

Qualifications of Governor, 

" of Lieutenant-Governor, .... 

" of Councillors, 

" of Senators, 14, 37, 39, 42 

" of Eepresentatives, 21, 38, 39, 41 

" of Secretary, Treasurer, Auditor, and Attorney-General, 38 

" of Voters, 12, 16, 31, 39 

" Moral, of Officers and Magistrates, .... 7 

QuaUfication, Property, may be increased, ...... 29 

" " partial abolition of, 37 

Quorum of Council, 17, 22 

" of House, 16, 41 

" of Senate, ■ 15, 42 



R. 

Eatable Polls, Census of, when taken, 

" " Towns having less than 300, how represented, 

" " Towns having less than 150, how represented, 

Eead and Write, Persons who cannot, not to Vote or hold Office, 
Eegister of Council, to be kept, subject to the call of either House, 
Eegisters of Probate. See Probate. 

Eeligious Denominations, equal protection secured to all, . 
" Societies, Eight of, to elect their own Pastors, &c., 
" " persons belonging to, to be held as Members, till 

they file notice of Dissolution, 

Eepresentation, in Council, basis of, 

" in House, 15, 35, 36, 37, 38, 

" in Senate, 11, 

Eepresentatives. See House of Eepresentatives. 

Eeturns, Quarterly, how and by whom to be made, .... 

Eeturns of Votes, by whom made, examined, &c., . . 12, 13, 17, 

Eevision of Constitution. See Constitution. 

Eights, Natural, Declaration of, &c., 





35 




35 




15 




39 




23 


5 


34 


5 


35 




35 




37 


40 


41 


36, 


41 




20 


38, 


40 



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 Eight of every Man to be secure from. 

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

Secretary of the Commonwealth, how chosen, 

" " " qualifications of, 

" " " Duties of, ... 



8, 21 

21 

39 

39 

7 

23 

23,38 

'39 

23, 39 



INDEX TO THE CONSTITUTION. 



63 



Page. 

Secretary of the Commonwealth may appoint Deputies, &c., . . 23 

" " " vacancy in Office of, how filled, 32, 39, 41 

Selectmen, Duty of, 12 

Self-government, Right of, asserted, 5 

Senate, 11 

" Members of, number, and how chosen, . . • H, 12, 31, 36, 41 
" " qualifications of, ... . 14, 37, 39, 41, 42, 44 

** " shall be sworn preliminary to trial of Impeachment, 14 

" " exempt from arrest on Mean Process, ... 16 

" Quorum of, 14, 42 

" vacancies in, how filled, 14, 42 

" to be final judge of elections of its own Members, ... 13 

" not to adjourn more than two days, 14 

" shall choose its own Officers, and establish its own Rules, . 14 

" shall try Impeachments, 14 

" may punish persons not Members, for disrespect, &c., . . 16 

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

Privileges, 16 

Senators, Apportionment of, 11, 36, 41 

" Oaths and Affirmations, how taken and subscribed by, . . 28 

Senatorial Districts. See Districts. 
Services, Public, the only title to particular privileges, ... 5 

Sheriffs, how appointed, 19 

" Jjow elected, 39 

Soldier, not to be quartered in any house without consent of owner, . 8 

Solicitor-General, how appointed, 19 

Standing Armies, without consent of Legislature, prohibited, . . 7 

Supreme Being, the Public "Worship of, a Right and Duty, &c., . . 4 

«' Judicial Court, Tenure of Office and Salaries of Judges of, 8, 21 
Sureties and Bail, excessive, not to be demanded, .... 8 

Suspension of Laws, power of, only in Legislature, .... 7 



T. 

Taxation, should be founded on consent, .... 

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

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

Voter, 

Tests, Religious, abolished, 

Title, of Governor, 

" of Lieutenant-Governor, 

Town Meetings, Selectmen to preside at, . 

Towns, having less than 300 Ratable Polls, how represented, 

" having less than 150 Ratable Polls, how represented, 

" may unite in Representative District, 
Travel, Expenses of, to and from the General Court, how paid, 
Treason»and Felony, Legislature not to convict of. 



of a 



11 

13,31 
32 
17 
21 
12 
35 
15 

35, 36 
15 



51 INDEX TO THE CONSTITUTION. 

Page. 

Treasurer and Receiver-General, how chosen, 23, 38 

" " qualifications of, ... . 39 
'* " eligibility to office of, more than five 

years, prohibited, .... 23 

" " vacancy in Office of, how filled, . 32, 38 

Trial, by Jury, Eight of, secured, 6, 7 

u. 

University at Cambridge, &c., 25 

V. 

Vacancies in Council, how filled, 38, 42, 44 

" in Militia Offices, how filled, 20 

" in Offices of Secretary, Treasurer, Auditor and Attorney- 
General, how filled, 32, 38 

" in Senate, how filled, 14 

Valuation of Estates, when taken, 11 

Veto, Power of, conferred upon Governor, 9 

Vote, no person entitled to, who cannot read and write, ... 39 

Voters, Legal, Census of, when taken, 40, 41 

" qualifications of, 12, 16, 31, 39, 42, 44 

Votes, all Civil Officers to be elected by a plurality of, ... 37 

" Returns of, by whom made, examined, &.C., . . 12, l^ 17, 18, 38 

w. 

"Worship, Public, the Right and Duty of all Men, .... 4 

Writs, how made, issued, &c., 29 

Y. 

Year, Political, when to begin and end, 33 



General Statutes an^ ^pcial %ds 



MASSACHUSETTS 



18 6 3. 



1^° The General Court of 1863 assembled in the State House in 
Boston, on "Wednesday, the seventh day of January, and was pro- 
rogued on "Wednesday, the twenty-ninth day of April. 

The oaths required by the Constitution to be administered to 
the Governor of the Commonwealth, were taken and subscribed by 
His Excellency John A. Andrew, on Friday, the ninth day of 
January. 



ACTS, 

GENERAL AND SPECIAL. 



Chap. \. 



An Act making appropriations for the maintenance of the 

government during the current year. 
Be it enacted bij the Senate and Hou^e of Representatives, in General 
Court assemhled, and hy the authority of the same, as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropriations 
priated, and shall be allowed and paid out of the treasury expendi'tureTau- 
of the Commonwealth, frohi the ordinary revenue, unless ^^onzea. 
otlierwise ordered, for the purposes specified, to meet the 
current expenses for January of the year ending on the 
thirty-first day of December, eighteen hundred and sixty- 
three, to wit : 

For the salary of the attorney-general, two hundred and Attomey-generai 
eight dollars and thirty-three cents. 

For clerk hire in the office of the attorney-general, eighty- cierk. 
three dollars, thirty-three cents. 

For the salary of the secretary of the Commonwealth, one Secretary. 
hundred and sixty-six dollars and sixty-six cents. 

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

For the salary of the second clerk in the secretary's office, second cierk. 
one hundred and sixteen dollars and sixty-six cents. 

For the salary of the messenger in the secretary's office. Messenger. 
sixty-six dollars and sixty-six cents. 

For continuing the copying of the New Plymouth Records, Plymouth Rec- 
uinety-one dollars and sixty-six cents. 

For such additional clerical assistance as the secretary Additional clerks 
may find necessary for the performance of the duties of the 
office, a sum not exceeding eleven hundred and sixty-six 
dollars and sixty-six cents. 

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

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



360 



1863.— Chapter 1. 



Second clerk. 
Extra clerks. 
Auditor. 
First clerk. 
Second clerk. 



Additional assist- 
ance. 



Fees of witnesses 
before commit- 
tees. 



Governor's pri- 
vate secretary. 



Messenger. 



Assistant mes- 
senger. 



Sergeant-at- 
arms. 



Bank commis- 
sioners. 



Clerk. 



Insurance com- 
missioners. 

Secretary board 
of agriculture. 

Clerk. 



Adjutant-gene- 
ral. 

First clerk. 
Second clerk. 
Additional clerks 



a sum not exceeding two hundred and 



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

For extra clerk hire in the treasurer's office, ninety-one 
dollars and sixty-six cents. 

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

For the salary of the first clerk of the auditor of accounts, 
one hundred and twenty-five dollars. 

For the salary of the second clerk of the auditor of 
accounts, ninety-one dollars and sixty-six cents. 

For such additional clerical assistance as the auditor may 
find necessary 
seventy-five dollars 

For fees of witnesses summoned before committees, in 
accordance with the provisions of the General Statutes, 
of the acts of eighteen hundred and sixty, and of the acts 
of eighteen hundred and sixty-one, a sum not exceeding 
eight hundred dollars. 

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

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

For the compensation of the assistant-messenger to the 
governor and council, thirty-one dollars. 

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

For the compensation of the bank commissioners, five 
hundred and fifty dollars. 

For the salary of the clerk of the bank commissioners, one 
hundred and twenty-five dollars. 

For the compensation of the board of insurance commis- 
sioners, two hundred and fifty dollars. 

For the salary of the secretary of the board of agriculture, 
one hundred and sixty-six dollars and sixty-six cents. 

For clerk hire in the office of the secretary of the board 
of agriculture, a sum not exceeding one hundred dollars. 

For the salary of the adjutant-general, one hundred and 
fifty dollars. 

For the salary of the first clerk of the adjutant-general, 
one hundred and twenty-five dollars. 

For the salary of the second clerk of the adjutant-general, 
one hundred dollars. 

For additional clerical assistance in the office of the 
adjutant-general, five hundred dollars. 



1863. — Chapter 2. 36 1 

For the salary of the secretary of the board of education, sccretRry board 
one hundred and eighty-three dollars, thirty-three cents; °^'"'"'"'"°"' 
the same to be paid from the income of the school fund. 

For the salary of the assistant-librarian and clerk of the cierk. 
secretary of the board of education, one hundi-cd and twenty- 
five dollars ; the same to be paid from the income of the 
school fund. 

For additional assistance in the library, in accordance Aciaitionaiassist- 
with tiie General Statutes, and of the resolves of eighteen '^'"^«- 
hundred and sixty-one, a sum not exceeding eight hundred 
dollars. 

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

Approved January 30, 1863. 

Ax Act making appropriations for the mileage and COMPENSA- (Jhrfi) 2 

Tiox OF the lieutenant-governor and council, and officers ^ 

AND members of THE LEGISLATURE, AT THE PRESENT SESSION 
THEREOF, AND FOR OTHER PURPOSES. 

Be it enacted, Sfc, as follows: 

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

For the mileage and compensation of the lieutenant- wiioage and 
governor and council, a sum not exceeding ten thousand ana councir^ "" 
dollars. 

For the mileage of senators, a sum not exceeding four senators, miie- 
hundrcd dollars. '^°^' 

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

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

For tlie compensation of representatives, a sum not compensation. 
exceeding fourteen thousand eight hundred and eighty 
dollars. 

For the salaries of the clerks of the senate and house of cierks and assis- 
representatives, including the compensation of such assist- andhouse.*^"*"^^ 
ants as they may appoint, thirteen hundred and thirty-three 
dollars thirty-three cents. 

For the salaries of the chaplains of the senate and house chaplains. 
of representatives, four hundred dollars. 

For the compensation of the door-keepers, messengers. Door-keepers, 
and pages of the senate and house of representatives, and '"''^^"eers, 



362 1863.— Chapters 3, 4, 5. 

watchmen and of sucli watclimeii aiid firemen as may be employed in the 
firemen. state liousc, a sum not exceeding twelve hundred and 

eighty-six dollars and fifty cents. 
Preacher election For thc Compensation of the preacher of the election 
sermon. scmion, onc hundred dollars. 

Transportation For thc transportation of state paupers, to be expended 
paupers. ^^ ^j^^ alicu commissioucrs, a sum not exceeding eight 
Proviso. thousand dollars : provided, that the same shall be expended 

only in the transportation of state paupers from the several 
hospitals and almshouses ; and a detailed report of siich 
expenditures shall be rendered to the auditor of the Com- 
monwealth, on the first day of every month. 

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

Approved January 30, 1863. 

Chap. 3. -^^ -^^"^ EXTENDING THE TIME FOR THE LOCATION AND CONSTRUC- 
TION OF THE DEDHAM AND WEST ROXBURY RAILROAD. 

Be it enacted, Sfc, as follows : 
Extension of time Thc time allowcd to the Dedham and West Roxbury 
structk)n I^n'cf ac- Raili'oad Compauy for the location and construction of its 
of^iioxbur"^^ "'^ railroad, and also for procuring the acceptance of its act of 

incorporation by the mayor and aldermen of the city of 

Roxbury, is hereby extended two years. 

Approved January 30, 1863. 

An Act in addition to an act to incorporate the Glasgow 

COMPANY. 

Be it enacted, §t., as follows: 
Capital stock, in. SECTION 1. Tlic Glasgow Compauy arc hereby authorized 
crease author- ^^ increase their capital stock by the issue of five hundred 

new shares at the par value of one hundred dollars each. 
Section 2. This act shall take effect upon its passage. 

Approved January 30, 1863. 
An Act in addition to an act to incorporate the fall river 

AND warren railroad COMPANY. 

Be it enacted, §'c., as follows : 
Time for con- SECTION 1. The time witliiu wliicli the Fall River and 

Warren Railroad Company shall complete their location is 
hereby extended to the first day of October, in the year 
eighteen hundred and sixty-three. 
Organization and SECTION 2. Thc Organization of said company at a meet- 
corporatro'n con- lug of thc stocklioldcrs thercof held on the twenty-fifth day 
of June, in the year eighteen hundred and sixty-two, and 
the proceedings thereat, shall have the same effect and be 
in all respects as valid as if said meeting had been held 
previous to the first day of April, in the year eighteen 
hundred and sixty-two. Approved February 2, 1863. 



Chap. 4. 



Chap. 5. 



struction ex 
tended. 



firmed. 



1863.— Chapters 6, 7, 8. 363 

An Act in audition to an act in relation to banks. Chnn C 

Be it enacted, ^i'c-, ok follows: ^ 

Section 1. The provisions of section first, chapter first, s.-ctioni of cimp. 
of the acts of the year one thousand eight hundred and teLaed. ^'''^^' """ 
sixty-two, shall continue in force until the first day of 
February, one thousand eight hundred and sixty-four. 

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

Ajyproved February 4, 18G3. 

An Act in addition to the acts incorporating the williston QJkiy) 7 

seminary. -' 

Be it enacted, ^"c, as follows : 

Section 1. The Williston Seminary is hereby authorized Reai and person- 
to hold real and personal estate to the value of fifty thou- aLthor&ed""'^'" 
sand dollars, in addition to the amount which it is now 
authorized to hold ; and the income of the same shall be income, appiica- 
applied to the same purposes as are specified in the act of *'°° '^«^°'^'^- 
incorporation of said seminary. 

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

Approved February 4, 1863. 

Ax Act to incorporate the central mills company. Chan S 

Be it enacted, i^c, as follows : 

Section 1. Chester A. Dresser, Samuel Foster, "William corporators. 
Foster, and Thomas A. Randall, their associates and suc- 
cessors, are hereby made a corporation by the name of the Title. 
Central Mills Company, for the purpose of manufacturing purpose, 
cotton and other fibrous materials, in the town of South- Location. 
bridge, in the county of Worcester ; and for this purpose privileges, re- 
shall have all the powers and privileges, and be subject to uabiiiues ^""^ 
all the duties, restrictibns and liabilities, set forth in the 
sixtieth and sixty-eighth chapters of the General Statutes, 
and all acts passed subsequent thereto relating to manufac- 
turing corporations. 

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

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

Approved February 5, 1SG3. 



364 



1863.— Chapters 9, 10. 



Chap. 9. 



Mystic pond, 
city authorized 
to lower waters 
of. 



Proviso. 



Governor and 
council may 
cause removal 
of tide-gates. 



Repeal. 



An Act in amendment of " an act for supplying the city of 
charlestown with pure water." 

Be it enacted, Sfc, as follows : 

Section 1. The city of Charlestown is hereby authorized 
for the purpose of constructing and repairing the works 
authorized by " An Act for supplying the City of Charles- 
town with pure Water," approved on the twenty-eighth day 
of March, in the year eighteen hundred and sixty-one, tem- 
porarily to lower the waters of Mystic Pond, by erecting 
temporary tide-gates across Mystic River, at such times and 
in such manner as may be necessary for said purpose : pro- 
vided, that such tide-gates shall not be erected at any point 
on said river below Alewife Brook, nor allowed at any time 
to continue longer than shall be absolutely required for the 
construction or repair of said works, and that said city shall 
be liable for all damages occasioned by its proceedings under 
this act, to be recovered by the party sustaining the same, 
in the manner provided in the act above referred to. 

Section 2. If at any time the governor and council shall 
deem such temporary tide-gates across the Mystic River 
prejudicial to the harbor of Boston, they shall have power to 
order said tide-gates to be removed within forty-eight hours, 
and, if not so removed, the governor and council may cause 
the same to be removed at the expense of said city of 
Charlestown. 

Section 3. Such parts of any existing laws as are incon- 
sistent herewith, are hereby repealed. 

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

Approved February 5, 1863. 



Chap. 10. 



Act incorporat- 
ing, and addi- 
tional acts con- 
tinued in force 
without limita- 
tion. 



An Act to continue in force an act* incorporating the Berk- 
shire MUTUAL fire INSURANCE COMPANY. 

Be it enacted, ^'c, as follows : 

The act of the year one thousand eight hundred and 
thirty-five, incorporating the Berkshire Mutual Fire Insur- 
ance Company, with any acts in addition thereto or in 
amendment thereof, shall be continued and remain in force 
from and after the sixth day of March, in the year one 
thousand eight hundred and sixty-three ; with all the 
powers and privileges, and subject to all the duties, liabili- 
ties and restrictions, set forth in the general laws which now 
are or hereafter may be in force relating to such corporations. 

Approved February 6, 1863. 



1863.— Chapters 11, 1'2. 365 

Ax Act to continue in korck an act incorporating tiik krank- (n,fj^ i i 

I.IN MUTUAL KIRE INSURANCE COMPANY. 1 ' 

Be it enacted, iVc, as follows: 

Skctiox 1. The act of the year one thousand eight liun- Act inrorporat- 
dred and twenty-eiglit, incorporating the Franklin Mutual tim;ai'artfl''con- 
Fire Insurance Company, which was continued in force until ".I'thottumita- 
the eleventh day of February, one thousand eight hundred twa. 
and sixty-eight, by an act passed in the year one thousand 
eight hundred and forty-four, with any acts in addition 
thereto or in amendment tiiereof, shall be continued and 
remain in force from and after the eleventh day of February, 
one thousand eight hundred and sixty-eight. 

Section 2. Said company shall have all the powers and 
privileges, and no other, and be subject to all the duties, 
liabilities and restrictions, set forth in the general laws 
which now are or hereafter may be in force relating to such 
corporations, 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 February 6, 1863. 

Ax Act to alter and establish the line between the towns Chcip. 12. 

OF PLYMPTOX AND HALIFAX. 

Be it enacted, Sfc, as follows : 

Section 1. The dividing line between the towns of Boundaries de- 
Plympton and Halifax is hereby altered, and established as 
follows : Beginning at an angle in the line of the town of Mid- 
dleborough, at a stone monument marked M. P. H. ; thence 
running as the needle now points, north thirty-two degrees 
west, fifty-three rods, to a stone monument marked P. H., 
standing in Nathan Fuller's field ; thence north fifty-seven 
degrees and forty-five minutes east, six hundred and seven- 
teen rods, to a stone monument marked P. H. standing 
where once was " Adam's Rock ; " thence same course 
two hundred and seventy-four rods to a stone monu- 
ment marked P. H., standing on " Turkey Island," so 
called ; thence north twenty-four degrees and thirty min- 
utes east, two hundred and seventy-six rods, to a stone 
monument marked P, H., standing at the northerly end of 
a wall ; thence north forty-three degrees and twenty minutes 
east, three hundred and forty-eight rods, to a stone monu- 
ment marked P. H., standing on the margin of " Jones' River 
Pond ; " thence northerly to a stone monument marked 
P. P. H., standing on " Widgeon Point," so called, at an 
angle of the line of the town of Pembroke. 

Section 2. All the territory lying on the northerly and Territory set o£f 

■'•'" „ y J from and au- 

westerly side of said line, which has heretoiore constituted nexed to Halifax 
'J 



366 



1863.— Chapter 13. 



TectiveT''*""'^^" ^ P^^"^ ^^ *^^® ^'^^^'^ °^ Plymptoii, is hereby set off from the 
town of Plympton and annexed to the town of Halifax, and 
all the territory lying on the southerly and easterly side of 
said line, which has heretofore constituted a part of the 
town of Halifax, together with the inhabitants living there- 
on, is hereby set off from the town of Halifax and annexed 
to the town of Plympton ; and the persons so set off, and 
who may hereafter become chargeable as paupers, shall receive 
support from said town of Plympton. 

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

Approved February 6, 1863. 



Chap. 13. 



Appropriations 
authorized. 



Normal schools. 



Massachusetts 
teachers' asso- 
ciation, condi- 
tionally. 



American insti- 
tute of instruc- 
tion. 



Board of educa- 
tion and secre- 
tary, incidental 
and contingent 
for normal scU'ls. 



Secretary board 
of education, sal- 
ary. 

Agents, support 
oi. 



An Act making appropriations from the moiety of the income 

OP THE school fund APPLICABLE TO EDUCATIONAL PURPOSES, 

Be it enacted, Sfc, as follows : 

Section 1. The sums hereinafter mentioned in this sec- 
tion, are appropriated and shall be allowed and paid, out of 
the moiety of the income of the school fund applicable to 
educational purposes, for the year one thousand eight 
hundred and sixty-three : 

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

For the Massachusetts teachers' association, the sum of six 
hundred dollars, on condition that said association shall 
furnish a copy of the Massachusetts Teacher to each school 
committee in the several cities and towns of the Common- 
wealth, during the year eighteen hundred and sixty-three, 
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 treasurer 
of said institute, in the month of August next. 

For postage, printing, advertising, stationery, meteorolog- 
ical observations, and all other incidental expenses of the 
board of education, or of the secretary thereof, and also for 
any contingent expenses of the normal schools, not other- 
wise herein provided for, a sum not exceeding sixty-nine 
hundred dollars. 

For the salary of the secretary of the board of education, 
twenty hundred and sixteen dollars and sixty-seven cents. 

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



18()3.— Chapter U. 3G7 

For teachers' institutes, in accordance with chapter thirty- Teachers' insti- 
five, section two, of tl»e General Statutes, tlie sum of 
twenty-eight hundred doHars. 

For the support of state scholarships, in accordance with state scholar- 
chapter tliirty-seven of the General Statutes, tlie sum of*'"''^' 
forty-eiglit hundred dollars. 

For aid to pupils in the state normal schools, in accordance Aid of pupiis in 
with the resolves of the year eighteen hundred and fifty. °°™'^>«'^'"""«- 
three, chapter sixty-two, a sum not exceeding four thousand 
dollars. 

For the salary of the assistant-librarian and clerk of the cierk secretary 
secretary of the board of education, thirteen hundred and uoufsahiry"''^" 
seventy-five dollars. 

For the expenses of the members of the board of education, lioara of educa- 
in accordance with the provisions of chapter thirty-four, members!"^'^^ °^ 
section ten, of the General Statutes, a sum not exceeding 
two hundred dollars. 

For the support of certain Indian schools, in accordance ludian schools, 
with the provisions of chapter thirty-six, section five, of the ^"ppo'^^'f- 
General Statutes, the sum of four hundred and five dollars. 

For county associations of teachers, in accordance with Teachers' county 
chapter thirty-five, section four, of the General Statutes, a '^^^o'^'^t'o"^- 
sum not exceeding six hundred dollars. 

For painting and repairing the normal school building at Normal school 
Framingham, and providing furnaces therefor, a sum not parrT/eu;.'^™' "^^ 
exceeding ten hundred dollars. 

For painting and repairing the normal school building at schooi at saiem, 
Salem, and providing furnaces therefor, a sum not exceeding '^'^p^"'^' «'''• 
ten hundred dollars. 

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

Approved Fehruary 7, 1863. 



Chap. U. 



Ax Act extending the time for the location and construc- 
tion OF the mystic river railroad, and authorizing the 
same to connect with certain other railroads. 

Be it enacted, ^'c, as follows: 

Section 1. The time for locating and constructing the Extension of time 

two years. 



Mystic River Railroad is hereby extended two years beyond 
the time now allowed by law. 

Section 2. The said Mystic River Railroad is hereby May connect with 

. . 1 • 1 • /> ni 1 Eastern, Boston 

authorized to connect its tracks, in the city oi Cliarlestown and Loweii, East 
or in the town of Somerville, with the several tracks of the oranT jTtfctio"n 
Eastern Railroad Company, of the Boston and Lowell Rail- co^'pa^'^s- 
road Corporation, of the East Boston Freight Railroad Com- 
pany, and of the Grand Junction Railroad and Depot Com- 
pany, respectively, and to enter upon and use the same : 



368 



1863.— Chapter lo. 



Proviso. 



Corporatiops 
named author- 
ized to connect. 



Construction of 
act defined. 



Chap. 15. 



May unite with 
end adopt cor- 
porate name of 
Cambridge Rail- 
road Company. 



Provisos. 



Consolidated cor- 
poration to have 
powers of respec- 
tive companies. 



provided^ however^ that such connection with, entry upon, 
and use of the tracks of either of said corporations, shall 
not be made without the consent of such corporation first 
obtained ; or, in the case of the last named of said corpora- 
tions, without the like consent of the trustees thereof. And 
said Eastern Railroad Company, Boston and Lowell Kail- 
road Corporation, East Boston Freight Railroad Company, 
and Grand Junction Railroad and Depot Company, or the 
trustees of the last named corporation, are hereby severally 
authorized, in like manner and on like terms and conditions, 
to connect with, enter upon and use the tracks of the said 
Mystic River Railroad. 

Section 3. Nothing contained in this act, shall be con- 
strued as granting any additional power to the said Mystic 
River Railroad, to cross the track of any other railroad 
corporation, at grade, without the consent of said other 
corporation. 

Approved February 7, 1863. 

An Act concerxing the newton railroad company. 

Be it enacted, Sj'c, as follotvs : 

Section 1. The Newton Railroad Company is hereby 
authorized to unite and consolidate itself with the Cam- 
bridge Railroad Company, at such time and on such terms 
as may be mutually agreed by said corporations ; and when 
thus united, said corporations shall constitute one corpora- 
tion under the name of the Cambridge Railroad Company : 
provided, hoicever, that such union shall be made within 
two years after the passage of this act ; and provided, further^ 
that the terms of such union shall be approved by a majority 
in interest of the stockholders of each of said corporations, 
respectively, who shall be present at meetings called for that 
purpose, at which a quorum shall be represented, and which 
shall be notified by publication in two daily papers published 
in the city of Boston, and approved by the secretary of the 
Commonwealth, two weeks successively, twelve times in 
each paper. 

Section 2. The corporation formed as aforesaid shall 
have, hold, possess and enjoy all the powers, privileges, 
rights, franchises, property and estates, which at the time of 
such union are held and enjoyed by each of the corporations 
so united, and shall be subject to all the duties, restrictions, 
obligations and liabilities to which they are severally sub- 
ject: provided, that nothing in this act shall impair the 
.rights of any creditor of either of said corporations. 

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

Approved February 13, 1863. 



1863.— Chapters 1G, 17, 18, 19. 861) 

Ax Act to confirm certain acts done by william iiocns, Chap. 16. 
JUNIOR, as a notary rUlJMC. 

Be it enacted, !\\\, a:< follows : 

Section 1. All acts done by William Hobbs, junior, of ^,';,';;jj;^^'|;'^^ 
Roxbury, in the county of Norfolk, as a notary public, within viUia. 
and for the county of Suffolk, between the fifteenth day of 
May and the twenty-second day of November, in the year 
eighteen hundred and sixty-two, are hereby made valid and 
confirmed to the same extent as though he had 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 13, 1863. 

An Act TO establish the salary of the second clerk in the nhnri 17 
office of the adjutant-general. ' ■ 

Be it enacted, S^'c, as follotos : 

Section 1. The salary of the second clerk in the office of Estawished at 

*7til 200 

the adjutant-general, shall be twelve hundred dollars per ' 
annum, to be computed from and after the first day of Jan- 
uary, in the year eighteen hundred and sixty-three. 
Section 2. This act shall take effect upon its passage. 

Approved February 13, 1863. 

Ax Act to amend and continue in force an act incorporating (J^dj) ^g 

the relief steam-boat company. •* ' 

Be it enacted, ^c, as f allows. • 

The act of the year one thousand eiglit hundred and forty- Restriction re- 
four, entitled " An Act to incorporate the Relief Steam-boat contiMued with- 
Company," is hereby amended by taking therefrom tlie words, Zle!'"'"'^'"' "^ 
" within the waters of New England ;" and said act so 
amended, shall be continued and remain in force, from and 
after the eleventh day of February, in the year one thousand 
eight hundred and sixty-four, with all the powers and privi- Priviipges and 
leges, and subject to all the duties, liabilities and restrictions '^^*'™''°"^- 
contained in the general laws, which now are or hereafter 
may be in force relating to such corporation. 

Approved February IB, 1863. 



An Act in addition to an act to incorporate the Worcester 
horse railroad company. 



Chap. 19. 

Be it enacted, §'c., as follows: 

The provisions of chapter one hundred and forty-eight of Extension of time 

1 /., ^, 1.11 iii'i *"'0 years. 

the acts oi the year one thousand eight hundred and sixty- 
one, entitled "An Act to incorporate the Worcester Horse 
Railroad Company," are hereby extended for the term of 
two years from the passage of this act. 

Approved February 13, 1863. 



370 



1863.— Chapters 20, 21,. 22. 



Chap. 20. 



Annual fair to be 
holden iu Sep- 
tember. 



An Act in relation to the Worcester south-east agricultural 

SOCIETY. 

Be it enacted, ^'c, as follows : 

The Worcester Soutli-East Agricultural Society shall 
hereafter commence its annual fair on the last Tuesday in 
September. Approved February 14, 1863. 



Chap. 



Corporators. 



Title. 
Purpose 



Real and personal 
estate. 

ProTiso. 



2]^, An Act to incorporate the trustees of the permanent peace 

FUND. 

Be it enaded, ^'c, asfolloios: 

Section 1. Joseph W. Converse, J. W. Parker, William 
C. Brown, Lewis T. Stoddard, George C. Beckwith, and 
their successors, are hereby made a corporation by the name 
of the Trustees of the Permanent Peace Fund, a fund devoted 
to the support and prosecution of the cause of international 
pnwers and lia- pcacc, and shall have all the powers and privileges, and be 
biiities. subject to all the duties, liabilities and restrictions, set forth 

in the sixty-eighth chapter of the General Statutes, so far as 
the same may be applicable. 

Section 2. Said corporation may take and hold real and 
personal estate to an amount not exceeding fifty thousand 
dollars ; but nothing in this act shall be so construed as to 
exempt any part of said estate from taxation. 

Approved February 16, 1863. 

Chap. 22. An Act making appropriations to meet certain expenditures 
authorized in the year eighteen hundred and sixty-two, 

AND previous YEARS. 

Be it enacted, ^-c, as follows : 

Section 1. The sums hereinafter mentioned are appro- 
priated, and shall be allowed and paid out of the treasury 
of the Commonwealth, from the ordinary revenue, except 
in cases otherwise ordered, for the purposes specified herein, 
to wit : 

For printing the General Acts and Resolves of the year 
eighteen hundred and sixty-two, the sum of fifteen hundred 
and seventeen dollars. 

For printing blanks and circulars for the senate for. the 
year eighteen hundred and sixty-two, the sum of one 
hundred and twenty-six dollars and thirty-five cents. 

For expenses incurred in placing the Washington tablets 
in Doric Hall, the sum of twenty-two dollars and sixty-two 
cents. 

For printing for the secretary's department for the year 
eighteen hundred and sixty-one, the sum of six hundred and 
three dollars and seventy-five cents ; and for the year , 



Appropriiition 
authorized. 



Printing general 



Printing for sen 
ate in 1862. 



Wa.'hington tab- 
lets, for placing. 



Secretary's de- 
partment, print- 
iML' in 18G1 and 
18G2. 



1863.— Chapter 22. 371 

eighteen hundred and sixty-two, the sum of sixty-five 
dollars and twenty-eight cents. 

For incidental expenses of the treasurer's department for Treasurer's de- 
the year eighteen hundred and sixty-two, the sum of two [ieutais^n'isoij' 
hundred and fifty-nine dollars and thirty-four cents. 

For expenses incurred in the su])port of the Trov Indians, 'rioyin,iia„s ,x- 

- 1 .1 1 Til",, ji" ^ peuselor 111 I8'j2. 

for the year eighteen hundred and sixty-two, the sum oi 
eighty-eight dollars and thirty-three cents. 

For the support of patients from Massachusetts in the Deaf and dumb 
asylum for the deaf and dumb at flartford, for the year port of in'^1862.'^" 
eighteen hundred and sixty-two, the sum of one hundred 
and seventeen dollars and ninety-two cents. 

For incidental expenses of the board of agriculture for Board of agricui- 
the year eighteen hundred and sixty-two, the sum of sixteen iQis62. 
dollars. 

For engraving and printing state scrip in accordance with state scrip, en- 
chapter one hundred and six of the resolves of the year pHnting.*"'^ 
eighteen hundred and sixty-one, the sum of four hundred 
and twenty-nine dollars and fifty cents. 

For printing blanks for returns from cities and towns of Bi-inks for re- 

, ^ 'i 1 if-T /» 1 /-xi turns by towns 

aid rendered to the lamuies oi volunteers, lor the year of aid to fami- 
eighteen hundred and sixty-two, the sum of tvro hundred iews"^ '^°^""' 
and eighty-three dollars and seventy-six cents. 

For expenses incurred in the establishment of the boundary narwieh. chat- 

,. ' , PTT -iz-iii i/-\i ham and Orleani?, 

lines between tiie towns oi Harwich, Chatham and Urleans, expense of estab- 
in accordance with chapter ninety of the resolves of the ries"°^ 
year eighteen hundred and sixty-one, the sum of fifty-seven 
dollars. 

For compensation and expenses of the commissioners on commissioners 

i . '■ ^ •11 • • f."u harbors and 

harbors and Hats, m accordance with the provisions oi tiats, compen- 
chapter eighty-eight of the resolves of the year eighteen pense".^" 
hundred and sixty-two, the sum of four hundred and eighty- 
six dollars and forty-seven cents. 

For compensation and expenses of the commissioners on commissioners 

iiriTi 1 •!• J 0° Concord and 

the Concord and budbury meadows, appointed m accordance sudbury mead- 
with the provisions of chapter two hundred and eleven of ?ion, etc°™^^"'°'' 
the acts of the year eighteen hundred and sixty, the sum 
of two hundred and forty-nine dollars and sixty-five cents. 

For office fixtures of the inspector of gasmeters, in luspector gas- 

• 1 1 • • PI 1 1 J J meters, office 

accordance with the provisions ot chapter one hundred and fixtures. 
sixty-eight of the acts of the year eighteen hundred and 
sixty-one, the sum of nine hundred and sixty dollars. 

For sheriffs' accounts for the years eighteen hundred and ^^*^\^^' ^''' 
sixty and eighteen hundred and sixty-one, the sum of 
iiiiicty-nine dollars and twenty-one cents. 



1863.— Chapter 22. 



Conrict state 
pan pel's, trans- 
portatiou of. 



State paupers, 
burial of. 



Fuel and light 
• for state house 
in 1S62. 



Postage, print- 
ing and station- 
ei'y, sergeant- 
at-arms 1862. 

Insurance com- 
missioner.', ex- 
penses 1862. 



Pleuro - pneumo- 
nia, expenses re- 
lating to in 1880 
and 1862. 



Rainsford Island 
ho-'ipital. expen- 
ses in 1862. 



Cattle commis- 
sioners, expenses. 



Assessors' re- 
turns, blanks for. 



Printing, gov- 
ernor and coun- 
cil, in 1861. 



Geological sur- 
veys, expenses. 



Legislature, con- 
tingent expenses 
in 1862. 



Nautical br.anch 
reform school, ex- 
penses in 1862. 



For the transportation of convict state paupers for the 
year eighteen hundred and sixty-two, the sum of eight 
dollars and seventy cents. 

For the burial of state paupers for the year eighteen 
hundred and sixty-one, the sum of one hundred and eighty- 
one dollars. 

For fuel and light for the state house for the year eighteen 
hundred and sixty-two, the sum of four hundred and eighty- 
seven dollars and eighty-three cents. 

For postage, printing and stationery, ordered by the 
sergeant-at-arms for the year eighteen hundred and sixty-two, 
the sum of seventy-one dollars and forty-five cents. 

For expenses of the insurance commissioners for the year 
eighteen hundred and sixty-two, the sum of eleven dollars 
and thirty cents. 

For expenses incurred under the acts of the years eighteen 
hundred and sixty, and eighteen hundred and sixty-two, 
relating to pleuro-pneumonia, viz. : for the year eighteen 
hundred and sixty, the sum of seven hundred and thirty-two 
dollars and ten cents ; and for the year eighteen hundred 
and sixty-two, the sum of eighty-three dollars and eighty-five 
cents. 

For the current expenses of Rainsford Island hospital, for 
the year eighteen hundred and sixty-two, the sum of eight 
hundred and thirty-four dollars and eighty-one cents. 

In the resolve chapter ninety-seven of the resolves of 
eighteen hundred and sixty-two, for the payment of expenses 
of the cattle commissioners, a sum not exceeding seven 
hundred dollars. 

For printing blanks for assessors' returns for the year 
eighteen hundred and sixty-two, the sum of nineteen dollars 
and twenty-one cents. 

For printing done for the governor and council, for the 
year eighteen hundred and sixty-one, the sum of thirteen 
dollars and eighty-five cents. 

For expenses incurred in geological surveys of the state, 
under authority of chapter twenty-eight of the resolves of 
the year eighteen hundred and fifty-two, the sum of seven- 
teen dollars and eighty-eight cents. 

For contingent expenses of the legislature for the year 
eighteen hundred and sixty-two, the sum of one hundred 
dollars. 

For expenses of the nautical branch of the state reform 
school, being deficiency in the year eighteen hundred and 
sixty-two, the sum of thirteen hundred and sixty dollars and 
twenty cents. 



Chapters 23, 24, 25. 373 

For the support and relief of lunatic state paupers, in J'ft'jp*'" 'n luna- 
state hospitals, being deficiency for the year eighteen hundred port of in'isoa/' 
and sixty-two, a sum not exceeding fifteen hundred dollars. 
For compensation to towns for support of state paupers. Town?,' for sup- 
under chapter seventy-one, sections forty-three and forty- per,s,°in^i86i^and 
four, of the General Statutes, for the year eighteen hundred previously. 
and sixty-one and previous years, the sum of two hundred 
dollars. For expenses incurred in the burial of state butm of state 
paupers for the year eigh.teen hundred and sixty-one, and au^previousi*/.^^ 
previous years, the sum of five hundred dollars. 

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

Approved February 17, 1863. 
Ax Act to extend the time for locating and constructing Chap. 23. 

THE NORTH ATTLEBOROUGH BRANCH RAILROAD. ■^* 

Be it enacted, Sfc.y as follows : 

The time for locating and constructing the North Attle- Extension of two 
borough Branch Railroad is hereby extended two years 
beyond the time now allowed by law. 

Approved February 17, 18G3. 



years. 



Chaj). 24. 



An Act to authorize the springfield institution for savings 

to hold real estate. 
Be it enacted, S;'c., as follows: 

Section 1. The Springfield Institution for Savings is May hoia fifty 
hereby authorized to hold real estate to the amount of fifty ^^^^^^"^^ ^°^' 
thousand dollars : provided^ that no part of said amount Provioo. 
shall be invested in real estate, except in the purchase of a 
suitable site, and the erection or preparation of a suitable 
building, to be used for banking purposes ; and all income, 
if any, arising from such real estate, shall be devoted 
exclusively to the interests of said corporation. 

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

Approved February 17, 1863. 



Chap. 25. 



An Act providing for notice in case of sale of trust property 

when persons not in being may have an interest therein. 
Be it enacted, Sfc, as follows: 

When any proceedings have been or shall hereafter be parents shaii be 
commenced under either the fourteenth or sixteenth sections, ""cMon^ of court' 
chapter one hundred, of the General Statutes, for obtaining 
an order or decree directing the sale of any trust estate, if 
it shall appear to the court that said estate or any remainder 
or interest therein may be held in trust for or be devised or 
limited over to, persons not in being, notice of such proceed- 
ings shall be given to persons who may be parents of such 
persons in such manner as the court shall order. The court 
10 



374 



1863.— Chapters 26, 27. 



Court shall ap- 
point representa- 
tive to appear, 
and may deter- 
mine compensa- 
tion for seryice. 



Proceedings to 
be conclusive. 



Chap. 26 

Corporators. 



Purpose. 



Privileges and re- 
strictions. 



Chap. 27. 

Corporators. 

Title. 
Purpose. 

Powers and du- 
ties. 



in such case shall appoint a suitable and competent person 
to appear and act as the next friend of such persons in such 
proceedings, the cost of whose appearance and services, 
including compensation of council, to be determined bj the 
court, shall be paid as the court may order, either out of the 
trust estate or by the persons commencing said proceedings, 
in which latter case execution may issue therefor in the 
name of the person appointed. Any order or decree made 
in any such proceedings and any sale or transfer of property 
thereunder, shall be conclusive upon all persons for whom 
such property or any remainder or interest therein is held 
in trust or to whom the same is devised or limited over, in 
the sanie manner as if they had been in being and appeared 
and answered in the case or assented to the order or decree. 

Approved February 18, 1863. 

An Act to incorporate the protective war claiji association. 
Be it enacted, ^'c, as follows : 

Section 1. George Tyler Bigelow, Amos A. Lawrence, 
Ebenezer R. Hoar, Joseph Coolidge, Frederick W. Lincoln, 
junior, Richard Frothingham, George S. Hillard, Patrick 
Donahoe, Charles E. Norton, Edward Atkinson, U. Tracy 
Howe, and their associates and successors, are hereby made 
a corporation by the name of The Protective War Claim 
Association, for the purpose of assisting men belonging to 
the army and navy, and their families, in obtaining the 
allowance of claims upon the government of the United 
States for pensions, pay or bounties. 

Section 2. Said corporation may, for the purposes afore- 
said, hold personal estate, not exceeding in value ten thou- 
sand dollars, and shall have all the privileges, and be sub- 
ject to all the duties, liabilities and restrictions, set forth in 
the sixty-eighth chapter of the General Statutes. 

Section 8. This act shall take effect upon its passage. 

Approved February 19, 1863. 

An Act to incorporate the hyde park woollen company. 
Be it enacted, Sfc, as follows: 

Section 1. Josiah Bardwell, Charles H. Allen, and 
George F. Peirce, their associates and successors, are herel)y 
made a corporation by the name of the Hyde Park Woollen 
Company, for the purpose of manufacturing woollen goods in 
Dorchester, in the county of Norfolk ; and for this purpose 
shall have all the powers and privileges, and be subject 
to all the duties, restrictions and liabilities, set forth in the 
sixtieth and sixty-eighth chapters of the General Statutes, 



1803.— Chapter 28. 375 

and all acts passed subsequently thereto relative to manu- 
facturing coi'porations. 

Section 2. The said corporation niaj' hold for the pur- May hoid real 
poses aforesaid, real estate to the amount of sixty thousand *^"*' 
dollars ; and the whole capital stock of said corporation 
shall not exceed one hundred thousand dollars, in shares of 
one hundred dollars each : provided, hoivever, that said cor- Proviso. 
poration shall not go into operation until the sum of fifty 
thousand dollars of its capital stock has been paid in, in 
cash. 

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

Approved February 19, 1863. 



Chap. 28. 



Ax Act making appropriations from the income of the seve- 
ral FUNDS THEREIN MENTIONED, AND FOR OTHER PURPOSES. 
Be it enacted, S)-c., as follows: 

Section 1. The sums hereinafter mentioned, are appro- Appropriations 
priated, and shall be allowed and paid out of the income of ^"^ °'^"'' " 
the several funds mentioned herein, to wit : 

The income of the Rogers book fund shall be expended Rogers book fund 
in accordance with tlie conditions named by the donor, in '"'^°°'''- 
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 Todd normal 
to the treasurer of the board of education, to be applied in ^"^ °° 
sucli manner as shall be prescribed by said board, in accord- 
ance with chapter thirty-six of the General Statutes. 

The income of the Indians school fund shall be applied Indian school 
according to the provisions of chapter thirty-six of the 
General Statutes. 

Section 2. The sums mentioned in this section are charies river and 
appropriated, and shall be allowed and paid out of the ZlT"" ^"**^'' 
Cliarles River and Warren Bridges fund, for the year 
eighteen hundred and sixty-three, to wit: 

For repairs on said bridges and buildings belonging r.epairs on 
thereto, a sum not exceeding nineteen hundred dollars. bridges, etc 

For the compensation of the draw-tenders on said bridges. Draw-tenders, 
in conformity with an act of the year eighteen hundred and •=°™p®''** ""*• 
sixty-one, chapter ninety-six, a sum not exceeding twenty- 
three hundred dollars. 

For horse-keeping, a sum not exceeding three hundred Horse-keeping. 
dollars. 

For gas, oil, fluid and fuel, a sum not exceeding eight Lights, etc. 
hundred and fifty dollars. 

For incidental expenses, a sum not exceeding three incidental. 
hundred and fifty dollars. 



376 



1863.— Chapter 29. 



Essex bridge 
tolls, appropri- 
ation of. 



Agent's salary. 



Toll-gatherers 
and tenders. 



Repairs, etc. 

Lights. 

Incidental. 



ToU-money, how- 
disposed. 

Income of funds 
to be added to 
principal. 



Section 3. The sums mentioned in this section are 
appropriated, 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-three, 
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 six hundred 
dollars. 

For the repair and maintenance of said bridge, a sum not 
exceeding two thousand dollars. 

For gas, oil and fluid, a sum not exceeding two hundred 
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 custody of the Commonwealth, 
shall be added to the principal. 

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

Approved February 19, 1863. 



Chap. 



Title, 

and restrictions. 



OQ An Act to incorporate the dighton and somerset railroad 

COMPANY. 

Be it enacted, §'c., as follows : 
Corporators. SECTION 1. William Cobb, of Dighton, Job M. Leonard, of 

Somerset, Albert Field, Samuel L. Crocker and Sylvanus N. 
Staples, of Taunton, all of the county of Bristol, their asso- 
priviieges ciatcs and successors, are hereby made a corporation by the 
name of the Dighton and Somerset Railroad Company, with 
all the privileges, and subject to all the restrictions, duties 
and liabilities, (except as hereinafter provided,) set forth in 
the sixty-third and sixty-eighth chapters of the General 
Statutes of this Commonwealth. 

Section 2. The said company may locate, construct and 
operate a railroad, commencing at some point on the Taun- 
ton Branch Railroad, or upon the New Bedford and Taunton 
Railroad, at or near the passenger station of said roads, in 
Taunton, thence in a southerly direction and upon the 
westerly side of Taunton River, through said towns of 
Taunton and Dighton, and to a point in the town of Somer- 
set, upon the line of the Fall River and Warren Railroad, or 
to a line below Wilber's Fond in said Somerset, upon the 



Location and con- 
struction, line of, 
defined. 



1863.— CHArTER 29. < 377 

cliannel of said river, where there is sufTicient water at low 

tide tor vessels ; said line to be deterniiiicd by three coinmis- commiwioners to 

sioners to be appointed by the supreme judicial court: said "'"■"""'''"•'■ 

coniniissioners shall select a line which shall accommodate 

said company, and not be prejudicial to the harbor of Fall 

River ; tlie award of said commissioners, or a major part of Awani, when ap- 

them, rixin<r said line, when approved by the governor and cn'or'^amf ooun". 

council, shall l)e tinal. Said company may construct to said "' »" '>« fi"ai- 

,. , , r i-l • 1 i- Comp'y maycon- 

line, sucli wliarves as are necessary tor tlieir accommodation, struct wharves 
the number and location of said wharves to be determined ""''"' ''pp"^°^'''- 
by said commissioners and approved by the governor and 
council; and said award, and the number and location of Award, and loca- 
said wharves, when approved as aforesaid, shall be filed by to be eied'^with 
said company, with their location, with the county commis- misl'ioLre.' *'°™" 
sioners of Bristol county. Said commissioners shall be paid compensation of 

, ., ,. f, '' . • T T 1,1 11 line commission- 

by said company tor fixing said line, and tlie number and ers. 

location of said wharves. 

Section 3. Said company may cross with their road afore- Location of cross- 

said, at grade, the streets in Taunton, between the said 3Drghton°'°° 

passenger station and Bow Street, so called, and the two 

streets in Dighton, near Zebulon Landing, so called, and 

near the proposed passenger station of said company, at the 

villaoe near said landins-. Said company may also cross wjiy cross Three 

•11- Tmi -mrV-rk- ii i-ix Mile and Taunton 

With their road, Ihree Mile Kiver, and such coves and inlets rivers. 
of Taunton River as may be necessary. 

Section 4. Said company may unite with the Fall River Mayunitewith 
and Warren, Taunton Branch, and New Bedford and Taun- of rorporations 
ton Railroads, and use the tracks of such of said roads as it ^''"'^'^^ 
unites with, upon the terms, and subject to the provisions of 
the statutes of this Commonwealth, relating to railroads and 
railroad corporations. 

Section 5. The capital stock of said company shall be capital limita- 

_ , ' 111 *"^° ^•^'1 divis- 

nxed by said company at an amount not less tlian tliree ion of. 
Inindred thousand dollars, nor more than four hundred 
thousand dollars, and shall be divided into shares of one 
hundred dollars each. Said company may purchase and May hoid estate. 
hold such real and personal estate as may be necessary for 
the purposes for which it is incorporated. 

Section 6. This act shall be void unless the said railroad Act void unless, 
is located within two years, and constructed within three 
years, from the passage hereof. 

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

Approved February 21, 1863. 



378 



1863.— Chapters 30*, 31. 



Chap. 30. 



May extend two 
hundred feet. 



Proviso. 



An Act to authorize george h. Rogers to build wharves in 
gloucester. 

Be it enacted, ^'c, as follows : 

Section 1. George H. Rogers, of Boston, is hereby 
authorized to build wharves in front of his land at the head 
of the harbor in the town of Gloucester, extending the 
same not more than two hundred feet from high-water 
mark : provided^ that this grant shall not affect the legal 
rights of any person. 

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

Approved February 21, 1863. 



Chap. 31. 



Appropriations 
authorized. 



Senators, com- 
pensation. 

Representatives, 
compensation. 



Door-keepers, 
messengers, 
pages, watch- 
men and fire- 
men. 



Clerks of senate 
and house, sala- 
ries. 



Trustees indus- 
trial school for 
girls. 



Printing and 
binding for sen- 
ate and house. 



An Act in addition to an act making appropriations for the 
mileage and compensation of the lieutenant-governor and 
council, and officers and members of the legislature, at 
the present session thereof, and for other purposes. 

Be it enacted, ^c, as follows : 

Section 1. The sums hereinafter mentioned are appro- 
priated, and shall be allowed and paid out of the treasury 
of this Commonwealth, from the ordinary revenue, upon 
the warrants of the governor, for the 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 
exceeding 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 seventy-six hundred and 
fourteen dollars. 

For the salaries of the clerks of the senate and house of 
representatives, including the compensation of such assistants 
as they may appoint, a sum not exceeding two thousand six 
hundred and sixty-six dollars and sixty-seven cents. 

Under the resolve chapter fifty-eight, of the resolves of 
eighteen hundred and fifty-nine, the sum of two hundred 
dollars, to be expended by the trustees of the state industrial 
school for girls. 

For printing and binding, ordered by the senate or house 
of representatives, or by the concurrent order of the two 
branches, a sum not exceeding twelve thousand dollars. 



1863.— Chapters 32, 33, 34. 379 

For printing blanks and circulars, and the calendar of Biank«, circulars 
orders of the day, for the nsc of the senate, a sum not senate, 
exceeding; six hundred dollars. 

For printing blanks and circulars, and the calendar of samo, house or 
orders of the day, for the use of the house of representa- '''^'"■''"'° 
tives, a sum not exceeding eight hundred dollars. 

For contingent fund of the governor and council, for Miiiury contin- 
military purposes, a sum not exceeding ten thousand dollars, aud coimci!™°'^ 

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

Approved February 21, 1863. 
Ax Act to extend the time avithin which to locate and Chan. 32. 

CONSTRUCT THE NEW YORK AND BOSTON RAILROAD. "' ^' 

Be it enacted, ^r., as follows : 

The time for locating and constructing the New York and Extension two 
Boston Railroad, is hereby extended two years beyond the 
time now allowed by law. Approved February 21, 1863. 

An Act concerning the superior court. Chap. 33. 

Be it enacted, Sj^c, as follotvs : 

Section 1. Whenever any criminal case shall be on trial J^^nuedTo de- 
at the end of any term, as now established by law, of the Ermine pending 
superior court in this Commonwealth, such term may be 
continued until such case is finished, and tlie jurors setting 
in such case may be required by the presiding justice to 
serve until the same is concluded. 

Section 2. All acts and parts of acts inconsistent with statutes incon- 

, . , , ^ sistent repealed. 

this act are hereby repealed. 

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

Approved February 27, 1863. 
An Act in addition to an act making appropriations for Chat). 34. 

THE maintenance OF THE GOVERNMENT DURING THE CURRENT ^ ' 

YEAR. 

Be it enacted, ^'c, as follows : 

Section 1. The sums hereinafter mentioned are appro- Appropriations 
priated, and shall be allowed and paid out of the treasury *""^°"^'*'^- 
of the Commonwealth, from the ordinary revenue, unless 
otherwise ordered, for the purposes specified, to meet the 
current expenses of the year ending on the thirty-first day 
of December, eighteen hundred and sixty-three, to wit: 

For stationery for the senate, purchased l^y the clerk of stationery, sen- 
the senate, a sum not exceeding one thousand dollars. 

For stationery for the house of representatives, purchased House, 
by tiie clerk of the house of representatives, a sura not 
exceeding eighteen hundred dollars. 



380 



1863.— Chapter 34. 



GoTernor's secre- 
tary. 

Messenger. 



Assistant-mes- 
senger. 

Attorney-general 



Clerk hire. 

Books for office. 
Court expenses. 
Incidentals. 



Secretary of Com- 
monwealth. 



First clerk. 



Second clerk. 



Additional cleri- 
cal assistance. 



Plymouth rec- 
ords, copying. 



Messenger. 



Publication bank 
returns. 



Incidental, secre- 
tary's depart- 
ment. 

Treasurer and re- 
ceiver-general. 

First clerk. 
Second clerk. 



For compensation of the private secretary of the governor, 
twelve hundred and eighty-three dollars thirty-four cents. 

For compensation of the messenger to the governor and 
council, nine hundred and thirty-three dollars thirty-four 
cents. 

For compensation of the assistant-messenger to the gov- 
ernor and council, three hundred and thirty -four dollars. 

For the salary of the attorney-general, twenty-two hun- 
dred and ninety-one dollars sixty-seven cents. 

For clerk hire in the office of the attorney-general, a sum 
not exceeding nine hundred and sixteen dollars sixty-seven 
cents. 

For the purchase of books for the library in the office of 
the attorney-general, three hundred dollars. 

For fees, costs, and court expenses of the attorney-general, 
two hundred dollars. 

For incidental expenses in the office of the attorney- 
general, a sum not exceeding two hundred dollars. 

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

For the salary of the first clerk in the secretary's office, 
thirteen hundred and seventy-five dollars. 

For the salary of the second clerk in the secretary's office, 
twelve hundred and eighty-three dollars thirty-four cents. 

For such additional clerical assistance as the secretary 
may find necessary for the performance of the duties of the 
office, a sum not exceeding twelve thousand eight hundred 
thirty-three dollars and thirty-four cents. 

For continuing the copying of the New Plymouth records, 
a sum not exceeding one thousand and eight dollars and 
thirty-four cents. 

For the salary of the messenger in the secretary's office, 
seven hundred and thirty-three dollars thirty-four cents. 

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

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

For the salary of the treasurer and receiver-general, 
eighteen hundred and thirty-three dollars thirty-four cents. 

For the salary of tlie first clerk in the treasurer's office, 
thirteen hundred and seventy -five dollars. 

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



18()3.— Chapter 34. 3S1 

For extra clerical assistance in the treasurer's office, a Aaainonai assist- 
siuu not exceeding three tliousand six hundred and eight 
dollars thirty-four cents. 

For incidental expenses of the treasurer's office, a sum ure[^*"'dt')urt-^" 
not exceeding twelve hundred dollars. •»«"'• 

For the salary oi" the auditor of accounts, eighteen hun- Auditor of ac- 
dred and thirty-three dollars thirty-four cents. 

For the salary of the first clerk of the auditor of accounts, First cierk. 
thirteen hundred and seventy-five dollars. 

For the salary of the second clerk of the auditor of Second cierk. 
accounts, one thousand and eight dollars thirty-four cents. 

For incidental expenses of the auditor's office, a sum not inoidentai, audi- 
exceeding three hundred and fifty dollars. 

For such additional clerical assistance as the auditor may Additional assist- 
find necessary, a sum not exceeding three thousand three 
hundred dollars. 

For compensation of the commissioners on public lands commissioners 

1111- i J- ii ii 1 1 11 on public lands. 

and clerk hire, a sum not exceeding tliree thousand dollars ; 

for contino-ent and incidental expenses of said commissioners, in"cientai es- 

'^ ,. ^, Till • -\ ji penses to be paid 

a sum not exceeding one tliousand dollars : said sums to be from moiety of 
paid from the moiety of the proceeds of sales, which, by the ^^'*^' 
resolves of the year eighteen hundred and fifty-seven, chap- 
ter seventy, is applicable to improvements. And the residue Residiie of moie- 
of said moiety is hereby appropriated to be applied and used ^' "'^ ^^^'^ ' 
in accordance with the provisions of section three of chapter 
two hundred of the acts of eighteen hundred and sixty. 

For printing and binding the annual railroad reports, Railroad reports, 
thirteen hundred dollars. printing. 

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- comipittees, ex- 
ture, a sum not exceeding three hundred dollars. 

For clerical assistance to committees authorized to send clerical assist- 
lor persons and papers, a sum not exceeding three hundred mittees. 
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. 

I'or the'salary of the chief justice of the superior court, S".pprior court, 
three thousand seven hundred dollars. " '*" "^^ "^*" 

For the salaries of nine associate justices of said court, Associate jus- 
thirty-one thousand five hundred dollars. 

For the salary of the clerk of the supreme judicial court cierks.j. court, 
for the Commonwealth, three thousand dollars. *''"^" 

For the salary of the assistant-clerk of said court, fifteen Assistant-cierk. 
hundred dollars. 
11 



382 



1863.— Chapter 34. 



Expenses of 
court. 



Judges probate 
and insolvency. 
Suffolk. 

Middlesex. 

Worcester. 

Essex. 

Norfolk. 

Bristol. 

Plymouth. 

Berkshire. 

Hampden. 

Barnstable. 

Hampshire. 

Franklin. 

Nantucket. 

Dukes. 



Kegisters and as- 
sistants. Suffolk. 



Middlesex. 



Worcester. 



Esses. 



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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

For the salary of the assistant-register for the county of 
Suffolk, fifteen hundred dollars. 

For the salary of the register of probate and insolvency for 
the county of Middlesex, fifteen hundred dollars. 

For the salary of the assistant-register for the county of 
Middlesex, one thousand dollars. 

For the salary of the register of probate and insolvency for 
the county of Worcester, fifteen hundred dollars. 

For the salary of the assistant-register for the county of 
Worcester, one thousand dollars. 

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

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



1863.— Chapter 34. 383 

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

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

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

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

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

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

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

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

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

For certain expenses of the courts of insolvency, author- courts of probate 
ized by the General Statutes, or similar accounts for the expensel."''^^'"'^' 
courts of probate and insolvency, a sum not exceeding three 
thousand dollars. 

For the salary of the attorney for the county of Suffolk, Distnct-attor- 
three thousand dollars. °«^'- S"'^°i'^- 

For the salary of the assistant-attorney for the county of Assistant. 
Suffolk, one thousand eight hundred dollars. 

For the salary of the district-attorney for the eastern dis- Eastern. 
trict, one thousand two hundred dollars. 

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

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

For the salary of the district-attorney for the middle dis- Miaaie. 
trict, one thousand two hundred dollars. 

For the salary of the district-attorney for the south-eastern south-eaatem. 
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 dollars. 

For the salaries of the justices of police courts, thirty-two Justices pouce 
thousand seven hundred dollars. court*. 



384 



1863.— Chapter 34. 



Clerks. 



Reporter decis- 
ions S. J. Court. 



general 
laws and resolves. 



Printing " blue 
book" edition. 



Newspaper publi- 
cation of general 
laws, etc. 



Blanks for reg- 
istering births, 
marriages and 
deaths. 

Fuel and lights 
state house. 



Repairs and fur- 
niture. 



Contingent ex- 
penses, legisla- 
ture. 



Postage, print- 
ing, etc., for ex- 
ecutive depart- 
ment. 

Blanks for re- 
turns of aid to 
families of vol- 
unteers. • 

Bank note im- 
pressions, num- 
bering. 



■Sheriffs, forward- 
ing blanks and 
let urns. 



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

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

For printing such number, not exceeding seventy-five 
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 eight thousand dollars. 

For printing two thousand five hundred copies of the 
" blue book " edition of the Acts and Resolves of the present 
year, with the governor's messages and other matters in the 
usual form, but not including the constitution, a sum not 
exceeding two thousand five hundred dollars. 

For the publication of the General Laws, and all other 
information intended for the public, in accordance with the 
General Statutes, three hundred dollars. 

For the printing and binding of blanks for the use of 
cities and towns, in the registration of births, marriages and 
deaths, a sum not exceeding three hundred dollars. 

For fuel and lights for the state house, a sum not exceed- 
ing two thousand six hundred dollars. 

For repairs, improvements and furniture of the state 
hovise, three thousand dollars. 

For contingent expenses of the senate and house of rep- 
resentatives, and necessary expenses in and about the state 
house, a sum not exceeding one thousand five hundred dol- 
lars : provided, that no part of such sum shall be expended 
for stationery, postage, printing, repairs or furniture, or for 
the purchase of any article or thing, or to effect any object, 
for which an appropriation is otherwise made in this act, or 
in any act which may be subsequently passed. 

For postage, printing and stationery for the governor and 
council, a sum not exceeding eight hundred dollars. 

For printing blanks for returns from cities and towns, of 
aid rendered to the families of volunteers, the sum of three 
hundred and fifty dollars. 

For the numbering of bank note impressions, the sum of 
two hundred and fifty dollars, the same to be paid from the 
amount assessed on banks for expenses incurred on tlieir 
account in the auditor's department. 

To the sheriffs of the several counties for distributing 
blanks and making returns of votes, in accordance with the 
General Statutes, a sum not exceeding eight hundred and 
sixtj -eight dollars. 



1863.— Chapter 34. 385 

For printiiii;' tlie i)\il)lic scries of documents in tlie last i'"i'iic aoou- 
<»,i'' ii I'l.i ij I'V metits, print- 

quarter ot tlie year one thousand eight hundred and sixty- in^'and bind- 

tliree, under the direction of the secretary of the Common- '"^'• 

wealth, according to the General Statutes, and for binding 

the copies to be distributed to the towns and cities, a sum 

not exceeding twelve thousand dollars. 

For furnishing term reports, the sum of five thousand Reports decisions 

, ,, ° r : S.J. Court. 

dollars. 

For assessors' books, agreeably to the acts of eighteen A.^.sessors' books. 
hundred and sixty-one, the sum of thirteen hundred dollars. 

For the compensation of the bank commissioners, a sum Bank commis- 
iiot exceeding six thousand and fifty dollars. siouers. 

For the salary of the clerk of the bank commissioners, cierk. 
one thousand three hundred and seventy-five dollars. 

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

For the compensation of the board of insurance commis- insurance com- 
sioners, two thousand seven hundred and fifty dollars. 

For books, stationery, printing, and advertising, ordered Books, printing, 
by the sergeant-at-arms, for the legislature, a sum not arm's. 
exceeding seven hundred dollars. 

For the state library, in accordance with the General state library. 
Statutes, twenty-three hundred dollars, to be expended 
under the direction of the trustees and librarian. 

For the contingent expenses of the council, a sura not council, contin- 
exceeding eight hundred dollars. ^"^ ' 

For the compensation and expenses of the alien commis- ^",';"J°^„^'^' 
sioners, and agents employed by them, according to law, a agents. 
sum not exceeding seven thousand two hundred dollars. 

For the compensation and expenses of the superintendent superintendent 

„,. ' ^ ,..,'■ -, , alien passengers. 

01 alien passengers, a sum not exceeding six thousand three 
hundred dollars. 

For compensation to towns, for support of state paupers, Towns for sup- 

i,i^ , /.I i I port ot state pau- 

under the General Statutes, for the current year, one thou- pers. 
sand dollars. 

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

For burial of state paupers, two thousand dollars. Buriai paupers. 

For the salary and expenses of the inspector of gasmeters, in.spector gas- 
a sum not exceeding three thousand dollars, in accordance '"®"^- 
with the acts of the year eighteen hundred and sixty-one. 

The appropriation made in the twenty-second chajiter of Kmergency fund, 
the acts of the year eighteen hundred and fifty-eight, for reappropnation. 
the emergency fund, i« herel)y made applicalile to, and may 
be used during the present political year, for the purposes 



386 



1863.— Chapter 34. 



Money, certain, 
considered as or- 
dinary reyeuue. 



Paupers, state, 
removal of to 
almshouses. 

Indians. 
Asylum for blind. 



School for idiots. 



Deaf and dumb 
at Ilartford, Ct. 



Bequests of M. 
Johonnot. 



Sinking fund, 
almshouses. 



Union loan sinli- 
ing fuLid. 



Bounties, agri- 
cultural. 



Secretary board 
agriculture, sal- 
ary. 



and under the provisions and limitations, mentioned in said 
chapter. 

Money now held in the treasury under chapter ninety-five 
of the resolves of the year eighteen hundred and fifty-nine, 
shall be considered as ordinary revenue, and paid out 
accordingly. 

CHAEITABLE. 

For the removal of state paupers to almshouses, in accord- 
ance with the provisions of chapter seventy-one of the Gen- 
eral Statutes, the sum of five hundred dollars. 

For Indians, a sum not exceeding three thousand dollars. 

For the Perkins' institution and Massachusetts asylum for 
the blind, in accordance with the resolves of the year 
eighteen hundred and fifty-five, twelve thousand dollars. 

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, and of the resolves of the 
year eighteen hundred and sixty-one, 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, and the resolves of the 
year eighteen hundred and forty-seven, 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 
thousand 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 thousand dollars. 

To t!ie union loan sinking fund, established under chapter 
two liundred and nine, of tiie acts of the year eighteen hun- 
dred and sixty-one, section two, to be invested agreeably to 
the provisions of chapter one hundred and eighty-seven of 
tlie acts of the year eighteen hundred and sixty-two, the 
sum of one hundred and fifty-one thousand one hundred 
and eighty dollars. 

AGRICULTURAL. 

For bounties to agricultural societies, eleven thousand 
one hundred and seventy-two dollars, fifty-three cents. 

For the salary of the secretary of *the board of agricul- 
ture, eigliteen hundred and thirty-three dollars and thirty- 
four cents. 



1863.— Chapter 34. 387 

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

For the travelling expenses of the secretary of said board, Travel, postape, 
all postages and necessary expenses, in accordance with the ^'"•'Of ««"«'"■■>• 
resolves of the year one thousand eight Imndred and fifty- 
three, a sum not exceeding two hundred and fifty dollars. 

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

For the salaries of the clerks of the secretary of said cierks. 
board, eleveu hundred dollars. 

For printing ten thousand copies of the report of the printftg report. 
board of agriculture, a sum not exceeding nine thousand 
dollars. 

MILITARY. 

For the salary of the adjutant-general, one thousand six Adjutant-gene- 
hundred and fifty dollars. ral, salary. 

For the salary of the first clerk of the adjutant-general, First cierk. 
thirteen hundred and seventy-five dollars. 

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

For extra clerical assistance, including messenger, in the Additional assist- 
adjutant-general's department, a sum uot exceeding eigiit '*°''^- 
thousand five hundred dollars. 

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

For the expenses of the departments of the quarter- Quartermaster 
master-general and master of ordnance, a sum not exceed- o"(fnr^ce'%x- 
ing ten thousand five hundred dollars. p«°ses. 

For military bounty, a sum not exceeding forty-three Military bounty. 
thousand dollars. 

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

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

For the salary of the surgeon-general, the sum of two surgeon-generai. 
thousand dollars. 

For the salary of the clerk of the surgeon-general, one cierk. 
thousand two hundred dollars. 

For incidental, contingent and other expenses of the sur- incidental, 
geon-general's department, a sum not exceeding five thou- 
sand dollars. 

REFORMATORY AND CORRECTIONAL. 

For the expenses of the arrest of fugitives from justice, a Arrest of fugi- 
sum not exceeding one thousand dollars. *"'**' 



388 



1863.— Chapters 35, 36. 



Agent discharged 
coQvicts, salary. 

Expenditures of 
agent. 



Industrial school, 
expenses. 



Chap. 35 



Wharf on At- 
wood's Beach. 



Proviso. 



Chap. 36. 



May lease TTinni- 
simmet road. 



May lease or re- 
ceive transfer 
from Boston and 
Chelsea road. 



For the salary of an agent for the relief of discharged 
convicts, a sum not exceeding eight hundred dollars. 

For the expenditures of said agent, in accordance with 
the General Statutes, and of the acts of the year eighteen 
hundred and sixty^one, a sum not exceeding one thousand 
dollars. 

For the current expenses of the state industrial school 
for girls, at Lancaster, a sum not exceeding fifteen thousand 
dollars. 

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

Approved February 27, 1863. 



X An 



Act to authorize Nathaniel p. wiley and others to build 
a wharf in the town of wellfleet. 

Be it enacted, ^'c, asfolloivs: 

Section 1. Nathaniel P. Wiley, John C. Peak, Knowles 
Dyer, Theodore Brown, and Harvey 0. Sparrow are hereby 
authorized to build a wharf upon the land and flats owned 
by them in common on the south side of Atwood's Beach, 
in the town of Wellfleet, and to extend said wharf to the 
channel of the harbor, and to lay vessels at the said wharf, 
and receive wharfage and dockage therefor : provided., that 
this grant shall in no wise impair the legal rights of any 
person. 

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

Approved February 27, 1863. _ 

An Act authorizing the lynn and boston railroad company 
to lease certain railroads. 

Be it enacted, c^'c, as follows : 

Section 1. The Lynn and Boston Railroad Company is 
hereby authorized to lease the Winnisimmet Railroad, on 
such terms and conditions as may be approved by a majority 
in interest of the stockholders of said companies, respec- 
tively, at meetings legally called for that purpose. 

Section 2. The Lynn and Boston Railroad Company is 
hereby authorized to receive a transfer of any existing lease 
of the Boston and Chelsea Railroad ; or, upon such lease 
being cancelled by consent of parties in interest, the said 
Lynn and Boston Railroad Company is hereby authorized to 
lease said Boston and Chelsea Railroad, on such terms and 
conditions as may be approved by a majority in interest of 
the stockholders of said companies, respectively, at meetings 
legally held for that purpose. 

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

Approved February 27, 1863. 



CiiAPTERs 37, 38, 39. 389 

Ax Act to ixcrkask tiik capital stock of the Springfield gas- /^i^,, o-? 

LIGHT COMPANY. " ^"'^P' ^'- 

Be it enacted, ;Vc., asfollou's: 

Section 1. The Sprinp;field Gas-Light Company is hereby increase of. ?ioo,- 

xi • J X • -J. -i 1 i 1 1 J 1- ii i 000 authorized. 

authorized to increase its capital stock, by adaing thereto an 
amount not exceeding one hundred thousand dollars, to be 
divided into shares of one hundred dollars each, and to be 
paid in in such instalments as the directors of said corpora- 
tion shall determine. 

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

Approved February 27, 1863. 

An Act to legalize the doings of towns in aid of the war. QJidp^ 3g_ 
Be it enacted, &'c., asfolloics: 

Section 1. The acts and doings of cities and towns in Assessing taxes 

. 1 i- T -i- and paying boun- 

paymg or agreeing to pay bounties and recruiting expenses ties legalized. 

for soldiers already furnished by them, upon the requisition 

of the United States, and upon the call of the governor, for 

the present war, together with taxes that have been or may 

be assessed, and payments and obligations that have been or 

may be made or given by them for those objects, are hereby 

ratified, confirmed and made valid. 

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

Approved February 27, 1803. 

An Act to continue in force an act incorporating the mutual QJkij)^ *^9' 

marine insurance company. ^ 

Be it enacted, tVc, as follows: 

Section 1. The act of the year one thousand eight corporate powers 
hundred and forty-three, incorporating the Mutual Marine ouf umUation*of 
Insurance Company, shall be continued and remain in force '™«- 
from and after the twenty-fourth day of March in the year 
one thousand eight hundred and sixty-three, with all the 
powers and privileges, and subject to all the duties, liabili- 
ties and restrictions, set forth in the general laws which now 
are or hereafter may be in force in relation to such corpora- 
tions. 

Section 2. The reserved profits which shall be held by Reserved profits, 
said company at the time of the expiration of its present 
charter, whether represented by scrip or otherwise, either 
from terminated or unterminated policies, shall be divided 
among the respective persons and corporations, respectively 
entitled thereto under the present charter and by-laws. 

Section 3. It shall be lawful for the said company to Profits may be ai- 
agree with any of such persons or corporations to allow and b7^mutua"rcon- 
permit the whole or any part of such profits, accruing to ^'^°'- 
them respectively, to remain with said company, and to 

12 



390 1863.— Chapter 40. 

permit such persons or corporations to receive such portion 
of the future profits of the business of said company as shall 
be deemed just and equitable. 
Remaining prof- SECTION 4. Auj of tlic rcscrved profits aforesaid which 
pIrmanenTTuncL shall bc coutinucd with Said company shall, to the extent 
thereof, be deemed and taken to be a permanent fund, in lieu 
and stead of the subscription note provided to be given in 
and by the thirty-fifth and succeeding sections of the fifty- 
eighth chapter of the General Statutes. 
Reserved and fa- SECTION 5. No part of the futurc profits arising from the 

ture profits not t . r- ±^ • i • -i i f ji 

to be withdrawn, busmcss 01 the said insurance company, and no part oi the 
except, &c. g^j^ reserved profits which shall be permitted to remain with 
the said company as aforesaid, shall be withdrawn from the 
said company except for the payment of losses and expenses; 
except that the said company may from time to time piy to 
the parties respectively entitled thereto such sums as shall 
be received or realized from the investment of such profits ; 
and said company may, from from time to time, pay off such 
reserved profits so left with them as aforesaid, and such por- 
tion of their future profits as the persons or corporations 
entitled to such reserved profits shall be allowed to receive 
pursuant to the provisions of the third section of this act : 
ProTiso. provided, such payment shall leave net earned profits with 

said company, as a permanent fund, to the amount of not 
less than two hundred thousand dollars. 
Corporation may SECTION 6. Tlic Said Corporation may, from year to year, 
notes and profits, pay for the iisc of subscriptiou notes talien by them, and for 
the use of the reserved profits as aforesaid, such percentage 
as may be determined upon by the directors of said corpora- 
tion, the same to be paid in money at the expiration of eacli 
year, if, in the opinion of the directors, the same can be done 
without injury to the capital or permanent fund of the cor- 
poration. Approved February 21 , 1863. 

Chew 40 "^^ ^^^ "^^ CONTINUE IN FORCE AN ACT INCORPORATING THE COMMER- 
^' ' CIAL MUTUAL MARINE INSURANCE COMPANY. 

Be it enacted, ^c., as follows : 

Corporate powers SECTION 1. The act of tlic year one thousand eight hun- 

out limitation of drcd and fifty-three, incorporating the Commercial Mutual 

*""*■ Marine Insurance Company, shall be continued and remain 

in force from and after the seventeenth day of March, in 

the year one thousand eight hundred and sixty-three, with 

all the powers and privileges, and subject to all the duties, 

liabilities and restrictions, set forth in the general laws 

which now are, or hereafter may be in force, in relation to 

such corporations. 



1863.— Chapter 40. 391 

Section 2. The reserved profits wliich shall be held by iiwcrved profits, 
said company at the time of the expiration of its present 
charter, -whether represented by scrip or otherwise, either 
from torniinatcd or luiterminated policies, shall be divided 
among the resj)cctive persons and corporations respectively 
entitled tiiereto under the present charter and by-laws. 

Section 3. It shall be lawful for the said company to Profits may be ai- 

• ■1 c ^ J.' J.11 J lowed to remain, 

agree with any of such persons or corporations, to allow and by mutual con- 
permit the whole or any part of such profits accruing to them ^''"'• 
respectively, to remain with said company, and to permit 
such persons or corporations to receive such portion of the 
future profits of the business of said company as shall be 
deemed just and equitable. 

Section 4. Any of the reserved profits aforesaid which Remaining prof- 
shall be continued with said company shall, to the extent permanenTTund^ 
thereof, be deemed and taken to be a permanent fund in lieu 
and stead of the subscription notes provided to be given in 
and by the thirty-fifth and succeeding sections of the fifty- 
eighth chapter of the General Statutes. 

Section 5. No part of the future profits arising from the Reserved and fu- 
business of the said insurance company, and no part of the to be wuhdrawn* 
said reserved profits which shall be permitted to remain with except, &c. 
the said company as aforesaid, shall be withdrawn from the 
said company, except for the payment of losses and expenses ; 
except that the said company may, from time to time, pay to 
the parties respectively entitled thereto such sums as shall 
be received or realized from the investment of such profits ; 
and said company may, from time to time, pay off such 
reserved profits so left with them as aforesaid, and such 
portion of their future profits as the persons or corporations 
entitled to such reserved profits shall be allowed to receive, 
pursuant to the provisions of the third section of this act : 
provided, such payment shall leave net earned profits with Proviso. 
said company, as a permanent fund, to the amount of not 
less than two hundred thousand dollars. 

Section 6. The said corporation may, from year to year, corporation may 
pay for the use of subscription notes taken by them, and for noL and profit^. 
the use of the reserved profits as aforesaid, such percentage 
as may be determined upon by the directors of said corpora- 
tion, the same to be paid in money at the expiration of each 
year, if, in the opinion of the directors, the same can be done 
without injury to the capital or permanent fund of the cor- 
poration. Approved February 27, 18G3. 



392 1863.— Chapter 41. 

ChciD 41 "^^ '^^^ ^^ PROVIDE FOR TAKING THE AFFIDAVITS, DEPOSITIONS 
■^' ' AND ACKNOWLEDGMENT OF DEEDS OF PERSONS IN THE MILITARY 

AND NAVAL SERVICE OF THE UNITED STATES. 

Be it enacted, §'c., asfolloios: 
Colonel, lieut. SECTION 1. Affidavits, and commissions to take the depo- 

colonel or major . , „ • i , i • , • c -i • ■, 

may execute pa- sitioH 01 Enj pei'son witliout tliis State, it engaged in the 
^^'^' regular or volunteer land service of the United States, may- 

be executed before and by the colonel, lieutenant-colonel, 
or major of the regiment in which such person shall at the 
Naval command- time scrvc or with which he may be connected ; and if 

er, paymasters or i-ji i -in iiii 

surgeon, may act. engaged lu the iiaval service, beiore and by the paymaster, 
assistant-paymaster, acting assistant-paymaster, surgeon or 
officer in command of the vessel in which he shall at the 
te^ai' t^o° 'tevliid ^^"^® serve or with which he may be connected ; and the 
in courts. affidavits and depositions of such persons so taken, if other- 

wise 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. 
Conveyance of SECTION 2. Thc dccd of any persou without this state 
zen without Com- for tlic coiivcyance of real estate within this Commonwealth, 
^o^weTrof'kttor'^ ^"*1 powcrs of attomcy, may be acknowledged before the 
ney^inarmyand coloucl, licutenant-colouel, or major of the regiment in 
which such person shall at the time serve, or with which he 
may be connected, if such person is engaged in the regular 
or volunteer land service of the United States ; and if 
engaged in the naval service, by the paymaster, assistant- 
paymaster, acting assistant-paymaster, surgeon or officer in 
command of the vessel in which such person shall at the 
time serve or with which he may be connected. 
Officers named SECTION 3. For the purposcs aforcsaid the respective 
may a mims er ^f^^gj^g j^j^qvo iiamcd sliall liavc powcr and authority to ad- 
minister oaths to, and take the acknowledgments of, persons 
in the military or naval service of the United States, as 
described in sections one and two of this act. 
^p«^'- Section 4. Chapter two hundred and nineteen of the 

acts of the year one thousand eight hundred and sixty-two 
is hereby repealed, 
stetute"**" °^ Section 5. This act shall take effect upon its passage, 

and shall remain in force until the first day of May, in the 
year eighteen hundred and sixty-five. 

Approved February 27, 1863. 



18(>:5.— Chapters 42, 43. 393 

An Act to exaui.e the trustees ok the methodist episcopal Qhr.^^ A9 

CHURCH IN GLOUCESTER TO SELL PROPERTY, AND FOR OTHER PUR- 1' 

POSES. 

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

Section 1. Aaron D. "Wells, Edward Perkins, Charles Trustees author- 
Doutrlas, William H. Wonson, third, and John Lane, the aTi5ubUcauc'°ion* 
trustees of tlie Methodist Episcopal Church in Gloucester, 
successors to Aaron Wait, Thomas Hiller, Amos Story, 
Nathaniel Witham and Samuel Marston, all deceased, the 
trustees of said church, named as grantees in the deed of 
Benjamin Hiller, dated the twenty-fourth day of January, in 
the year eighteen hundred and twenty-seven, recorded with 
Essex deeds, on the twenty-fourth day of March, in the year 
eighteen hundred and twenty-eight, are hereby authorized 
to sell at public auction to the highest bidder, first giving 
notice of the time and place of sale, by publication in the 
Gloucester Telegraph and News, a newspaper published in 
Gloucester, for three successive weeks next before such sale, 
the meeting-house standing on the land conveyed by said 
deed ; and to distribute the proceeds, after payment of the May distribute 
debts due on said meeting-house and the costs of said sale, ^™'^'^*' **' 
among the owners of pews in said meeting-house, in propor- 
tion to the original a])praisement thereof; and also to sell in f^V^'loceeds"** 
like manner and on like notice, the land conveyed by said 
deed, and to hold and apply the proceeds thereof, less the ■ 
costs of sale, in lieu of said land for the benefit of said 
church, as the trusts in said deed declared ; and they are °««*8- 
hereby authorized to give to the purchasers at such sales, 
good and sufficient deeds of the property sold, free and 
discharged of all trusts whatsoever. 

Section 2. The said trustees- and their successors, arc Trustees made 

' body corporate. 

hereby made a body corporate by the name of The Trustees 
of the First Society of the Methodist Episcopal Church in 
Gloucester, with all the powers and privileges, and subject 
to all the duties and liabilities contained in the thirtieth 
ciiapter of the General Statutes, applicable to the trustees of 
societies of the Methodist Episcopal church. 

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

Approved February 27, 18G3. ^ 
An Act to change the name of the fifth universalist society, Ckcip. 43. 

JN BOSTON. 

Be it enacted, ^t., as foliates : 

The Fifth Universalist Society, in Boston, shall hereafter Namechanged. 
be called and known by the name of the Shawmut Univer- 
salist Society. Approved February 27, 1803. 



394 1863.— Chapters 44, 45. 

ChciV 44 "^^ "^"^^ ^"^ ADDITIOX TO AN ACT CONCERNING TRUANT CHILDREN 
"' ' AND ABSENTEES FROM SCHOOL. 

Be it enacted, Sj'c, as follows : 

Police and trial SECTION 1. Either of the justices of the police court of* 
ironconftrred/ thc citj of Bostoii, and anjjudge or justice of any police 
court, and any trial justice, in this state, shall have jurisdic- 
tion within their respective counties of the offences described 
in chapter two hundred and seven of the acts of the year 
eighteen hundred and sixty-two. 
Justice may dis- SECTION 2. Whenever it shall be made to appear to any 
cause. such justico, judgc Or trial justice acting within his juris- 

diction, upon a hearing of the case, that there is good and 
sufficient reason for the discharge of any minor imprisoned 
for either of such offences, he may issue such discharge 
under his hand upon such terras as to costs as to him seems 
just, directed to the person having the custody of such 
minor ; and upon the service of the same on such person and 
payment of costs required, said minor shall be discharged. 
Section 3. This act shall take effect upon its passage. 

Approved February 27, 1863. 

Chap. 45. -^^ ■^^'^ '^^ REDUCE THE CAPITAL STOCK OF THE ROCKPORT BANK. 

Be it enacted, Sfc, as folloivs : 

MdTr**'"* ^^^ Section 1. The president, directors and company of the 
Rockport Bank are hereby authorized to reduce their capital 

Proviso. stock to the sum of one hundred thousand dollars : pro- 

vided, that said reduction shall not take place until the 
bank commissioners, or a majority of them, shall have cer- 
tified in writing to the governor and council, after due 
examination, that the said corporation has sufficient funds 
for the payment of all notes, bills, deposits and other 
liabilities existing against it, and for the purchase and 
extinguishment of five hundred shares of its stock, and 
after the payment of all liabilities, and the purchase of its 
stock, as aforesaid, the sum of one hundred thousand dol- 
lars will remain in said bank, as capital stock, in funds 
available for all usual and proper banking purposes. 

Reduction, how SECTION 2. Thc Capital stock of said bank shall be 

effected. ^ rcduccd, as aforesaid, by the purchase and extinguishment 
by said corporation, of five hundred shares of its stock, so 
that each of the remaining one thousand shares shall be of 

Governor to be the par valuc of ouc hundred dollars ; and when the capital 

acs. g^Qj^i^ jg reduced, as aforesaid, and the president and cashier 

of said bank shall have certified in writing to the governor 

and council that the capital stock of said bank has been 

reduced in manner as provided by this act, then all the 



1863.— Chapter 46. 395 

rights, duties and liabilities of said bank shall have relation 

to, and be governed by, said reduced capital stock of one 

hundred thousand dollars ; and until said reduction is Tax to continue 

made, and the certificate of the president and cashier is "ilicate''"^"'^''^'"' 

made, as aforesaid, said bank sliall continue to pay into the 

treasury of the Commonwealth the tax required by law 

upon its present capital stock. 

Section 3. It shall be the duty of the bank commission- liantc commis- 
ers, or a majority of them, to make the examination pro- tiou"y nTquired! 
vided for by this act, and the necessary expenses incurred 
by them in so doing shall be paid by said corporation. 

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

Approved March 3, 18G3. 

An Act to reduce the capital stock of the merchants' bank Qhny} 4R 

OF NEW13URYP0KT. i ' 

Be it enacted, cVc, as follows: 

Section 1. .The president, directors and company of the corporation may 
Merchants Bank of Newburyport, are hereby authorized to ''"^"'''*- 
reduce their capital stock to the sum of one hundred and twenty 
thousand dollars : provided, that no dividend of any part of Proviso. 
the present capital stock shall be made, nor shall such 
reduction take place until the bank commissioners, or a 
majority of them, shall have certified in writing to the 
governor and council, after due examination, that the said 
corporation has sufficient funds for the payment of all notes, 
bills, deposits and other liabilities existing against it, and 
that after payment thereof, the sum of one hundred and 
twenty thousand dollars will remain in said bank as capital 
stock, in funds available for all usual and proper banking 
purposes. 

Section 2. Nothing contained in this act shall be con- surplus to be di- 
strued to authorize said corporation by the reduction afore- ^"**'^' 
said to create a surplus fund, but any such surplus of 
assets which shall remain above the reduced capital, shall, 
after such reduction, be divided, from time to time, as the 
same is realized, among the holders of stock in said corpo- 
ration. 

Section 3. No reduction shall be made in the number shares, number 
of shares of the capital stock of said corporation, but on or ^nd par value, 
before payments of surplus as aforesaid, or dividends, the 
old certificates shall be called in and cancelled, and new 
certificates issued representing the shares as of the par 
value of twenty dollars. 

Section 4. It shall be the duty of the bank commis- il^nk commis- 

•' , , . . pioners, examina- 

sioners, or a majority oi them, to make tlie examination tion by rer^uired, 



396 1863.— Chapters 47, 48. . 

and certificate of provided for ill tliis act, and the necessary expenses incurred 

to ffovcmor •/ i 

by them in so doing, shall be paid by said corporation ; and 
when the bank commissioners shall have made and delivered 
their certificate to the governor and council as aforesaid, all 
the riglits, duties and liabilities of said bank shall have 
relation to, and be governed by, said reduced capital stock 
of one hundred and twenty thousand dollars; and until said 
reduction is made said bank shall continue to pay into the 
treasury of the Commonwealth the tax required by law 
upon its present capital stock. 

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

Approved March 3, 1863. 



Cha'p. 47. 



Ax Act in addition to ax act ixcorporatixg the Berkshire 

LIFE INSURANCE COMPANY. 

Be it enacted, ^c, as follows: 
Guaranty stock SECTION 1. The Berkshire Life Insurance Company is 
guished. hereby authorized, whenever so directed by a vote of tiie 

assured, to redeem at par and extinguish all or any part of 
its original guaranty capital stock ; and to appropriate for 
this purpose, so much of its funds as may be necessary. 
Section 2. This act shall take effect upon its passage. 

Approved March 3, 1863. 



Chap. 48. 



An Act to incorporate the granite mills. 
Be it enacted, ^'c, as follows: 

Corporators. SECTION 1. Cliarlcs 0. Shovc, William Mason, S. H. 

Title. Miller, their associates and successors, are hereby made a 

corporation by the name of the Granite Mills, for the pur- 
pose of manvifacturing cotton and other fibrous materials in 

Location and tlic city of Fall Rivcr, iu the county of Bristol ; and for this 

privileges. purposc shall liavc all the powers and privileges, and be sub- 

ject to all the duties, restrictions and liabilities set forth in 
the sixtieth and sixty-eighth chapters of the General Stat- 
utes, and all acts passed subsequent thereto, relating to 
manufacturing corporations. 

Real estate. SECTION 2. The Said corporatiou may hold for the pur- 

poses aforesaid, real estate to the amount of two hundred 

Capital. and fifty thousand dollars, and the whole capital stock of 

said corporation shall not exceed five hundred thousand 

Proviso. dollars : provided, hoivever, that said corporation shall not 

go into operation until the sum of one hundred and seventy- 
five thousand dollars of its capital stock has been paid in, 
in cash. 

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

Approved March 3, 1863. 



1863.— Chapters 49, 50. 397 

An Act to reduck the capital stock of thk fairhavkn uank. Qfid^y 4.9 
Be it enacted, ^Vc, as follows: 

Section 1. The president, directors and company of the corporation may 
Fairhaven Banlv are liereby antliorized to reduce tlieir capi- 
tal stock to the sum of two hundred and forty thousand dol- 
lars: provided^ that no dividend of any part of the present Proviao. 
capital stock shall be made, nor shall such reduction take 
place, until the bank commissioners, or a majority of them, 
shall have certified in writing to the governor and council, 
after due examination, that the said corporation has suffi- 
cient funds for the payment of all notes, bills, deposits and 
other liabilities existing against it, and that after payment 
tljcreof, the sum of two hundred and forty thousand dollars 
will remain in said bank as capital stock, in funds available 
for all usual and proper banking purposes. 

Section 2. Nothing contained in this act shall be con- surplus to be cu- 
strued to authorize said corporation, by the reduction afore- '"^°'^' 
said, to create a surplus fund ; but any such surplus of assets 
whicli shall remain above the reduced capital shall, after 
such reduction, be divided from time to time, as the same is 
realized, among the holders of stock in said corporation. 

Section 3. No reduction shall be made in the number stares, number 
of shares of the capital stock of said corporation, but on or ^"^ p^^'aue. 
before payments of surplus as aforesaid, or dividends, the 
old certificates shall be called in and cancelled, and new 
certificates issued representing the shares as of the par value 
of eighty dollars. 

Section 4. It shall be the duty of the bank commission- ^'»°'^ commis- 

r, , i 1 ii • • siouers, examina- 

ers, or a majority 01 tliem, to make the examination pro- tion by required 
Tided for by this act, and the necessary expenses incurred to'^governorlnd 
by them in so doing sliall be paid by said corporation ; and '^°"""'- 
when the bank commissioners shall have made and delivered 
their certificate to the governor and council as aforesaid, all 
the rights, duties and liabilities of said bank shall have rela- 
tion to, and be governed by said reduced capital stock of 
two hundred and forty thousand dollars ; and until said 
reduction is made said bank shall continue to pay into the 
treasury of the Commonwealth the tax required by law 
upon its present capital stock. 

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

Approved March 3, 1863. 

An Act to reduce the capital stock of the marblehead bank. Chat). 50. 
Be it enacted, ^'c, as follows: 

Section 1. The president, directors and company of the corporation may 
Marblehead Bank are hereby authorized to reduce their capi- '^*'^'**^^' 

13 



398 



1863.— Chapter 51. 



Proviso. 



Surplus to be di- 
Tided. 



tal stock to the sum of one hundred and two thousand dol- 
lars : provided, that no dividend of any part of the present 
capital stock sliall be made, nor shall such reduction take 
place, until the bank commissioners, or a majority of them, 
shall have certified in writing to the governor and council, 
after due examination, that the said corporation has suffi- 
cient funds for the payment of all notes, bills, deposits and 
other liabilities existing against it, and that after payment 
thereof the sum of one hundred and two thousand dollars 
will remain in said bank as capital stock, in funds available 
for all usual and proper banking purposes. 

Section 2. Nothing contained in this act shall be con- 
strued to authorize said corporation, by the reduction afore- 
said, to create a surplus fund ; but any such surplus of assets 
which shall remain above the reduced capital shall, after 
such reduction, be divided from time to time, as the same is 
realized, among the holders of stock in said corporation. 

Section 3. No reduction shall be made in the number 
of shares of the capital stock of said corporation ; but on or 
before payments of surplus as aforesaid, or dividends, the 
old certificates shall be called in and cancelled, and new 
certificates issued representing the shares as of the par value 
of eighty-five dollars. 

Section 4. It shall be the duty of the bank commission- 
tion by required, crs, or a majority 01 them, to make the examination pro- 
to'^governoTand vidcd for ill this act, and the necessary expenses incurred 
council. ]^j them in so doing shall be paid by said corporation ; and 

when the bank commissioners shall have made and delivered 
their certificate to the governor and council as aforesaid, all 
the rights, duties and liabilities of said bank shall have rela- 
tion to, and be governed by said reduced capital stock of 
one hundred and two thousand dollars ; and until said 
reduction is made, said bank shall continue to pay into the 
treasury of the Commonwealth the tax required by law 
upon its present capital stock. 

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

Approved March 3, 1863. 



Shares, number 
and par value. 



Bank commis 
sioners, examina- 



Chcti) 51 "^^ "^^^ ^^ REDUCE THE CAPITAL STOCK OF THE LEE BANK. 

Be it enacted, Sfc, as follows : 

Corporation may SECTION 1. Thc president, directors and company of the 
Lee Bank are hereby authorized to reduce tlieir capital 
stock to tiie sum of two hundred and ten thousand dollars : 

Proviso. provided, that no dividend of any part of the present capital 

stock shall be made nor shall such reduction take place 
until the bank commissioners, or a majority of them, shall 



1863.— Chapter 52. 399 

have certified in writing to tlie governor and council, after 
due examination, that the said corporation has sufficient 
funds for the payment of all notes, bills, deposits and other 
liabilities existing against it, and that after payment thereof 
the sum of two hundred and ten thousand dollars will 
remain in said bank as capital stock in funds available for 
all usual and proper banking purposes. 

Section 2. Nothing contained in this act shall be con- s^jpi"'' to ''c di- 
strued to authorize said corporation, by the reduction afore- 
said, to create a suri)lus fund ; but any such surplus of 
assets which shall remain above the reduced capital shall, 
after such reduction, be divided from time to time, as the 
same is realized, among the holders of stock in said corpo- 
ration. 

Section 3. No reduction shall be made in the number shares, number 
of shares of the capital stock of said corporation ; but on or *° p'''"^''"^- 
before payments of surplus as aforesaid, or of dividends, 
the old certificates shall be called in and cancelled, and new 
certificates issued representing the shares as of the par 
value of seventy dollars. 

Section 4. It shall be the duty of the bank commis- Bank commia- 

•' , , . . sioners,exainina- 

sioners, or a majority oi them, to make the examination tion by required. 
provided for by this act, and the necessary expenses incurred to goTornoTan'd 
by them in so doing shall be paid by said corporation ; and •=o"'"=»^- 
when the bank commissioners shall have made and delivered 
their certificate to the governor and council as aforesaid, all 
the rights, duties and liabilities of said bank shall have rela- 
tion to, and be governed by said reduced capital stock of two 
hundred and ten thousand dollars ; and until said reduction 
is made said bank shall continue to pay into the treasury of 
the Commonwealth the tax required by law upon its present 
capital stock. 
Section 5. This act shall take effect upon its passage. 

Approved March 3, 1863. 

Ax Act to reduce the capital stock of the wrentham bank! Qhnv) 52 

Be it enacted^ ^'c, as follows : 

Section 1. The president, directors and company of the corporation may 
"Wrentham Bank are hereby authorized to reduce their cap- '**^"'*- 
ital stock to the sum of one hundred and five thousand 
dollars : provided, that no dividend of any part of the Proviso. 
present capital stock shall be made nor shall such reduc- 
tion take place until the bank commissioners, or a majority 
of them, shall have certified in writing to the governor and 
council, after due examination, that the said corporation 
has sufficient funds for the payment of all notes, bills, 



400 1863.— Chapter 53. 

deposits and other liabilities existing against it, and that 
after payment thereof the sum of one hundred and five 
thousand dollars will remain in said bank as capital stock 
in funds available for all usual and proper banking purposes. 
Surplus to be di- SECTION 2. Nothing contained in this act shall be con- 
strued to authorize said corporation, by the reduction afore- 
said, to create a surplus fund, but any such surplus of assets 
which shall remain above the reduced capital shall, after 
such reduction, be divided from time to time, as the same 
is realized, among the holders of stock in said corporation. 
Shares, number SECTION 3. Mo rcductiou shall bc made in the number 
and par value, ^f sharcs of tlic Capital stock of said corporation ; but on or 
before payments of surplus as aforesaid, or dividends, the 
old certificates shall be called in and cancelled, and new 
certificates issued representing the shares as of the par 
value of seventy dollars. 

Bank commis- SECTION 4. It sliall be the duty of the bank commission- 
sinners, examlna- ... n .1 , 1 ,1 • ,• 

tioa by required, ers, or a majority 01 tliem, to make the examination pro- 
to*^govemo?'and ^idcd for iu tliis act, and the necessary expenses incurred 
council. by them in so doing shall be paid by said corporation ; and 

when the bank commissioners shall have made and deliv- 
ered their certificate to the governor and council as afore- 
said, all the rights, duties and liabilities of said bank shall 
have relation to, and be governed by, said reduced capital 
stock of one hundred and five thousand dollars ; and until 
said reduction is made said bank shall continue to pay into 
the treasury of the Commonwealth the tax required by law 
upon its present capital stock. 

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

Approved March 3, 1863. 

Chap. 53. ^^ ^'^'^ '^^ REDUCE THE CAPITAL STOCK OF THE AVALTHAM BANK. 

Be it enacted, ^"c, as follows: 
Corporation may SECTION 1. The president, directors and company of the 
Waltham Bank are hereby authorized to reduce their capital 
stock to the sum of one hundred and fifty thousand dollars : 
provided, that no dividend of any part of the present capital 
stock shall be made nor sliall such reduction take place 
until the bank commissioners or a majority of them shall 
have certified in writing to the governor and council, after 
due examination, that the said corporation has sufficient 
funds for the payment of all notes, bills, deposits and other 
liabilities existing against it, and that after payment thereof 
the sum 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. 



reduce. 



1863.— Chapters 54, 55. 401 

Section 2. Nothiiipj contained in tins act sliall be con- surplus to be di- 
strued to authorize said corporation, by the reduction afore- '"*'"^' 
said, to create a surplus fund, but any such surplus of assets 
which shall remain above the reduced capital shall, after 
such reduction, be divided from time to time, as the same is 
realized, among the holders of stock in said corporation. 

Section 8. No reduction shall be made in the number shares, number 
of shares of the capital stock of said corporation ; but on or *° p^^^^^^- 
before payments of surplus as aforesaid, or of dividends, the 
old certificates shall be called in and cancelled, and new 
certificates issued representing the shares as of the par value 
of seventy-five dollars. 

Section 4. It shall be the duty of the bank commission- Bank commu- 

.. j> .1 , 1 ii • i- sioners, examiua- 

ers, or a majority oi them, to make tlie examination pro- tiou by required, 
vided for in this act, and the necessary expenses incuiTed to'^goyemoTau'd 
by them shall be paid by said corporation. When the bank council, 
commissioners shall have made and delivered their certifi- 
cate to the governor and council as aforesaid, all the rights, 
duties and liabilities of said bank shall have relation to, and 
be governed by said reduced capital stock of one hundred 
and fifty thousand dollars ; and until said reduction is made 
said bank shall continue to pay into the treasury of the 
Commonwealth the tax required by law upon its present 
capital stock. 

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

Approved March 3, 1803. 

An Act to incorporate the south boston savings bank. ChciD 54 

Be it enacted, §'c., as follows : 

Section 1. Zibeon Southard, Henry Souther, D. McB. corporators. 
Thaxter, their associates and successors, are hereby made a 
corporation by the name of the South Boston Savings Bank, Title. 
to be established and located in that part of the city of 
Boston called South Boston ; with all the powers and privi- powers and du- 
leges, and subject to all the duties, liabilities and restric- *"^''' 
lions, set forth in the fifty-seventh chapter of the General 
Statutes, and in all other laws of this Commonwealth relat- 
ing to institutions for savings. 

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

Approved March 3, 1863. 

An Act to incorporate the wellfleet savings bank. Chnv 55 

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

Section 1. James Swett, T. N. Stone, John C. Peak, corporators. 
their associates and successors are hereliy made a corpora- 
tion by the name of the Wellfleet Savings Bank, to be Titie. 



402 



1863. — Chapters 56, 57, 58. 



Powers and du- established and located in the town of Wellfleet ; with all the 

"*^' powers and privileges, and subject to all the duties, liabilities 

and restrictions, set forth in the fifty-seventh chapter of the 

General Statntes, and in all other laws of this Commou- 

wealth relating to institutions for savings. 

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

Approved March 3, 1863. 

Chap. 56. An Act to authorize james small, junior, to build a wharf 

IN THE TOWN OF DENNIS. 

Be it enacted, §'c., as follows : 

James Small, junior, is hereby authorized to build a 
wharf in front of his land on the east side of Bass River, 
in the town of Dennis, extending into Bass River fifty feet 
beyond low-water mark, with the right to lay vessels thereat, 
and collect wharfage and dockage therefor ; said wharf to 
be situated below Bass River Lower Bridge, and about one 
hundred yards east of the channel used for navigable and 
other purposes : provided, hoivever, that this grant shall in 
no wise impair the legal rights of any person. 

Approved March 3, 1863. 



Chap. 



57. An Act to authorize david k. akin to extend his wharf in 

yarmouth. ^ 

Be it enacted, §-c., as follows : 

David K. Akin is hereby authorized to extend his wharf 
in Bass River, in the town of Yarmouth, a distance not 
exceeding ten feet, and to lay vessels at the said wharf, and 
to receive wharfage and dockage therefor: provided, that 
this grant shall not impair tlie legal rights of any person. 

Approved March 3, 1863. 



Chap. 58. 



An Act to provide for the prompt payment of volunteers 

and to encourage allotments. 
Be it enacted, Sfc, as follows. ■ 
Tnd.-btedne.ca of SECTION 1. This Commonwealtli shall hold and does 
to volunteers hcrcby dcclarc itself indebted to all Massachusetts voluu- 
deciared. ^^^j,^ -^^ ^j^^ military service of the United States for all or 

any part of their pay and allowances, accrued or allowed for 
their services rendered from and after the thirty-first day of 
October last, upon the terms and conditions hereinafter 
Proviso. specified : provided, the United States shall assent thereto, 

and shall provide for the prompt transmission to the treas- 
urer of this Commonwealth of the money for the payment 
of such volunteers, or in the absence thereof, certificates 
.of indebtedness of the United States to the amount thereof, 
bearing interest at the rate of not less than six per cent. 



1863.— Chapter 59. 403 

per annum, from the dates when such pay and alhjwances 
were due and payable to such volunteers, and shall make 
all other provisions and shall do all other acts necessary to 
render valid the claim of this Commonwealth upon the 
United States for reimhursement for any sums advanced 
under the provisions of this act and the interest thereon. 

Section 2. Any such Massachusetts volunteer may volunteer may 

,, iPi'i'p jn assign claims up- 

assign all or any part ot his claim lor pay and allowances on u. s. to state. 
for his services in the army of the United States to the 
treasurer of this Commonwealth, to be by him received and 
distributed in the manner contemplated in the first and 
second sections of the sixty-second chapter of the acts of 
the year eighteen hundred and sixty-two, " concerning the 
custody and distribution of funds of the Massachusetts vol- 
unteers," or held subject to the order of the volunteer, 
according to the fourth section of said chapter. And, when conditions of 
any volunteer shall have thus assigned his pay to the treas- ^i^^nTd^^Jiaima 
urer of this Commonwealth, and when all necessary arrange- ^«fi°e<i- 
ments shall have been completed with the United States, as 
provided for in the first section of this act for the reimburse- 
ment of this Commonwealth by the United States, the 
treasurer of this Commonwealth is hereby authorized and 
directed, on the date of receiving a properly certified copy 
of the pay-rolls made up for the guidance of the disbursing 
officers of the United States, to credit said volunteer with 
the amount of the original pay thus appearing on said rolls 
to be due him, which sum so standing to his credit the treas- 
urer shall then distribute through the town treasurers, or 
retain on interest, or pay to the order of said volunteer, in 
the manner provided in said sixty-second chapter of the acts 
of the year eighteen hundred and sixty-two, according to 
the election of said volunteer, and in such proportion as he 
may designate. And this payment shall be made without 
regard to the fact whether or not the same shall have been 
received into the treasury of this Commonwealth from the 
treasury of the United States. 
Section 3. This act shall take effect upon its passage. 

Approved March 3, 1863. 

Ax Act concerning bail in criminal cases. Chap. 59. 

Be it enacted, Sfc, as follows: 

Section 1. Bail in criminal cases, at any time before surrender of 
default upon their recognizance, may exonerate themselves defauiuo exon* 
by surrendering their principal into court or to the jailer, in ''^^^ surety. 
the county in which the principal is held to appear and 
answer, Ijy the condition of the recognizance, and delivering 



404 1863.— Chapters 60, 61. 

to the jailer a certified copy of the recognizance, and the 
principal shall be received and detained by tiie jailer; and 
any person snrrendered as aforesaid, may Ijc again bailed 
in the same manner as if committed for not finding sureties 
to recognize for him. 
Sureties may sur- SECTION 2. At anv time after default made upon the 

render principal . i-i i i- ••i-xi 

after default and recognizance, bail may surrender their principal in the 
cou^rtremit pea- j^^^jjj^gj, providcd iu tlic fii'st scction of this act, and the 
court for the county in which the default upon the recog- 
nizance is recorded, may on application therefor, being satis- 
fied that the default of the principal was not with the 
connivance or consent of the bail, remit the whole or any 
part of the penalty. 

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

Approved March 3, 1863. 

Chay). 60. "^^ ^^^ ^^ additiox to an actJ to incorporate the massa- 

■'■ ' ' CHUSETTS horticultural SOCIETY. 

Be it enacted, Sfc, as follows : 

May hold real Section 1. The Massachusctts Horticultural Society is 
hereby authorized to hold real estate to the amount of two 
hundred and fifty thousand dollars. 

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

Approved March 4, 1863. 

Chat) 61 "^^ "^^^ ^^ INCORPORATE THE BUNKER HILL FIRE INSURANCE 
"' ' COMPANY. 

Be it enacted, Sfc, as follows : 
Corporators. SECTION 1. Columbus Tyler, E. p. Mackintire, Edwin 

T. Adams, their associates and successors, are hereby made 
Title. a corporation by the name of the Bunker Hill Fire Insur- 

Purpose. ance Company, in the city of Charlestown, for the purpose 

Powers and re- of making iiisurancc against losses by fire; with all the 
stnctions. powcrs and privileges, and subject to all the duties, restric- 

tions and liabilities, set forth in the General Statutes, which 
now are or hereafter may be in force, relating to such 
corporations, 
c^p^tai stock and SECTION 2. Tlic said corporation shall have a capital 
stock of one hundred thousand dollars, divided into shares 
of one hundred dollars each, with liberty to pay in and 
increase the same to two hundred thousand dollars, and 
shall have a right to hold real estate for its own use, not 
exceeding five thousand dollars. 
Commencement SECTION 3. Said corporatiou may commence business 
when seventy-five thousand dollars of its capital stock shall 
have been subscrilied and paid in, in cash. 

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

Approved March 5, 1863. 



of business. 



1863.— Chapters 62, 63, G4. 405 

An Act to incorporate the type-setting machine company, flffj^y (\'l 
Be it enacted, S^'c, as follows : ^ 

Section 1. Charles W. Felt, G. Henry Lodge and Rich- corporators. 
ard C. Manning, their associates and successors, are hereby 
made a corporation, by the name of the Type-Setting Title. 
Machine Company, for the purpose of manufacturing and purpose. 
selling type-setting machines ; and for this purpose, shall 
have all the powers and privileges, and be subject to all the Powers and re- 
duties, restrictions and liabilities, set forth in the sixtieth * "*"°'^^" 
and sixty-eighth chapters of the General Statutes, and all 
acts passed subsequent thereto, relative to manufacturing 
corporations. 

Section 2. The said corporation may hold, real estate May hold reai 
to the amount of fifty thousand dollars, and the whole capi- ** 
tal stock shall not exceed three hundred thousand dollars, 
in shares of one hundred dollars each : provided, however^ ProTiso. 
that said corporation shall not go into operation, until the 
sum of fifty thousand dollars has been paid in, in cash. 

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

Approved March 5, 1863. 



An Act to confirm certain acts done by george ticknor 

CURTIS, as a justice OF THE PEACE. 

Be it enacted, Sfc, as follows : 

Section 1. All acts done by George Ticknor Curtis, 
formerly of Boston, in the county of Suffolk, esquire, as a 
justice of the peace within and for the said county of Suf- 
folk, between the twenty-seventh day of August, of the year 
one thousand eight hundred and forty-four, and the first 
day of December, of the year one thousand eight hundred 
and fifty-two, be and they hereby are made valid and con- 
firmed, to the same extent as they would have been valid, 
had he been, during that interval, duly qualified to dis- 
charge the duties of the said office. 

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

Approved March 5, 1863. 



Chap. 63. 



An Act concerning clerks of courts. Chat) 64 

Be it enacted, Sfc, as follows: 

Section 1. Whenever an assistant-clerk of the courts Justices may ap- 
shall be disabled by sickness or other cause, from performing oie'rk pro'^tem- 
the duties of his office, the justices of the court having by p""*" 
law the power to appoint such assistant, or a majority of 
them, may appoint an assistant-clerk pro tempore, who shall 
perform the duties of that office, until the assistant-clerk 
shall resume his duties. 

14 



406 1863.— Chapters 65, 66. 

Bonds and com- SECTION 2. Assistaiit-clerks pro tempore shall be sworn 

pensatioa. t'ii»i i> 

and give bonds m the same manner that assistant-clerks are 
required to do by law, and shall receive the same salary, to 
be paid from the county treasury ; and the amount so paid 
to them shall be deducted from the salary of the assistant- 
clerk. 
Section 3. This act shall take effect upon its passage. 

Approved March 5, 1863. 

Chap. 65. -^^ -^^^ '^*-* PRESERVE A RECORD OF OUR SOLDIERS AND OFFICERS. 

Be it enacted, ^c, as follows : 
Clerks of cities SECTION 1. It sliall be thc duty of the clerk of every 
pare record ^"of city and towii of this Commonwealth, as soon as may be 
nXd*u.°s!^"" after the passage of this act, to make out a full and com- 
plete record of the names of all the soldiers and officers who 
compose his town's quota of the troops furnished by the 
Commonwealth to the United States during the present 
rebellion, stating the place of residence, the time of enlist- 
ment of each, and the number and designation of his regi- 
ment and company ; also the names of all who have 
resigned or been discharged, and at what time and for what 
cause ; and all who have died in the service, and stating, 
when practicable, at what time and place and the cause of 
death, whether by disease, accident, or on the field of battle ; 
and the promotions of officers and from the ranks, and the 
date thereof; and the names of all absentees, if any ; and all 
such other facts as may relate strictly to the military career 
of each soldier and officer. 
Record books to SECTION 2. It shall be the duty of the clerk of every city 

be procured and , -iiiiii i- i-i,i 

preserved. and towii to procurc a suitable blank book in which to make 

said record, and to preserve it among the other records of 
his town, and to make such additions to the same as may be 
necessary, from time to time, to make said record perfect 

Compensation of and Complete, And said clerks shall be entitled to a reason- 
able compensation for their services and expenses in perform- 
ing the duties devolved upon them by the provisions of this 
act, to be paid by their respective cities or towns. 

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

Approved March 7, 1863. 

ChttD. 66. -^ ^^^ "^^ AMEND CHAPTER ONE HUNDRED AND TEN OF THE ACTS 
■^' ' OF THE YEAR ONE THOUSAND EIGHT HUNDRED AND SIXTY-ONE. 

Be it enacted, ^c, as follows : 
Tax of 1861, and SECTION 1. Chapter ouc huudrcd and ten of the acts of 
naiuax, de'finedf the year one thousand eight hundred and sixty^one, is hereby 

so amended, that the amount apportioned according to the 



1863.— Chapters 67, 68. 407 

provisions of said act, of a tax of one thousand dollars iipon 

the town of Halifax, in the county of Plymouth, shall be 

forty cents, and the number of polls shall be two hundred. 

Sp:ction 2. This act shall take elTect upon its passage. 

Approved March 7, 1863. 

Ax Act to ixcoRroRATE the Baltic marine and fire insurance (JJiQp^ g7, 

COMPANY. ^ ' 

Be it enacted. Sec, as follows : 

Section 1. Pennis Condry, William Perkins, Causten corporators. 
Browne, their associates and successors, are hereby made a 
corporation by the name of the Baltic Marine and Fire Tuie. 
Insurance Company, in the city of Boston, for the purpose of Purpose, 
niakinp; insurance against maritime losses, and losses by fire ; 
with all the powers and privileges, and subject to all the ^^"jersanddu- 
duties, liabilities and restrictions, set forth in the General 
Statutes, which now are or hereafter may be in force, relating 
to such corporations. 

Section 2. The said corporation shall have a capital stock ^^^^^f ^"^"^ 
of two hundred thousand dollars, divided into shares of one 
hundred dollars each. 

Section 3. The said corporation may issue policies when- Policies, condi- 

11 1 r- 1 TT11 f>- *'o° of issue. 

ever one hundred and seventy-five thousand dollars oi its 
capital stock shall have been subscribed and paid in, in 
cash. 

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

Approved March 7, 1863. 

An Act concerning the winthrop railroad company. Chan 68 

Be it enacted, ^'c, as folloics : 

Section 1. The time within which the Winthrop Rail- Time for location 
road Company may locate and construct its road, and obtain extlndef^two*"* 
the acceptance of its act of incorporation by the mayor and y®"^- 
aldermen of the city of Boston and the selectmen of tlie town 
of Winthrop, is hereby extended two years. 

Section 2. The said corporation is hereby authorized to May connect with 
extend its road for the purpose of entering upon and using company.""^' 
the tracks of the Winnisimmet Railroad Company in the city 
of Chelsea, in such mode and upon such rates of compensation 
as may be agreed by said companies. Said Winthrop Rail- conditions, 
road Company shall not be allowed to use their motive power 
upon the tracks of the Winnisimmet Railroad Company, 
without the consent of said corporation ; but said corpora- 
tion shall, at reasonable times, and for a reasonable compen- 
sation, draw over the said tracks, the passengers and cars of 
said Winthrop Railroad Company ; and if said corporations Disagreement of 

^ . -, I'll 111 corporations to 

cannot agree upon tlie stated periods at which tlie cars sliall be determined by 



408 



1863.— Chapter 69. 



commissioners 
appointed by 
S. J. Court. 



Award of com- 
missioners. 



Consent of mayor 
and aldermen of 
Chelsea. 



be so drawn, and the compensation to be paid, the supreme 
judicial court shall, upon the application of either party, 
appoint three commissioners, who, after due notice to, and 
hearing the parties, shall determine such rate of compensa- 
tion, and fix such periods, having reference to the conven- 
ience and interests of the corporations, and the public to 
be accommodated thereby. And the award of the commis- 
sioners, or a major part of them, shall be binding upon the 
respective corporations interested therein, until the same 
shall have been revised or altered by commissioners so 
appointed ; but no such revision or alteration shall be made 
within one year after the award. 

Section 3. Said corporation shall not extend its road and 
form said connection with the Winnisimmet Railroad, with- 
out having first obtained the consent of the mayor and 
aldermen of the city of Chelsea. Approved March 7, 1863. 



Chap. 69. 



Location and 
construction re- 
quired to com- 
mence. 



CoudltionB. 



Connecticut Riv- 
er Company to 
maintain switch- 
es, and allow N. 
and S. F. Co. to 
use its tracks 
and land. 



Failure of Conn. 
River Co. to pro- 
vide for passage 
of trains of N. 
and a. F. and N. 



An Act concerning the Northampton and shelburne falls 

railroad company. 
Be it enacted, Sfc, as follows : 

Section 1. The Northampton and Shelburne Falls Rail- 
road Company are hereby required to commence tbe location 
and construction of their road at the north end of the exist- 
ing passenger station-house, near Bridge Street, in North- 
ampton ; to cross said Bridge Street at grade, as near as 
practicable to the track of the Connecticut River Railroad, 
in such a way as not to interfere with the car-house occupied 
by the said Connecticut River Railroad Company, and to 
connect their road with the track of said railroad south of 
Bridge Street. 

Section 2. The Connecticut River Railroad Company 
are hereby required to make and maintain suitable switches, 
and to allow the Northampton and Shelburne Falls Rail- 
road Company to pass their trains and engines over the 
track and land of said Connecticut River Railroad Com- 
pany on the easterly side of said station-house, in such way 
and manner as to enable said Northampton and Shelburne 
Falls Railroad, properly and conveniently to connect with 
the New Haven and Northampton Railroad wherever tlie 
same is or may be located, subject to such reasonable regu- 
lations as may be consistejit with the safety of public travel 
and the convenient use of said track by said Connecticut 
River Railroad Company. 

Section 3. If at any time or times after the opening for 
use and travel of the first section of the Northampton and 
Shelburne Falls Railroad, the Connecticut River Railroad 



1863.— Chapters 70, 71. 409 

Company shall refuse or neglect to make reasonable arrange- ii. and n. co'a, 

/• . 1 i* * 1 * * A to authorize an- 

ments lor the passage of irauis and engines going to or pointm't of com- 
Cuming from the Northampton and Shelburne Falls Rail- ^'~//^«^^y''"- 
road and the New Haven and Northampton Railroad, either 
party may apply to a judge of the su[)erior court f<H" the 
appointment of three commissioners, whose duty it shall he 
to establish, for the next succeeding three years, suitable 
regulations under which the trains and engines may pass on 
the easterly side of said station-house, to reach to and return 
from the track of the New Haven and Northampton Rail- 
road, and the compensation to be paid therefor ; and such 
regulations shall be administered by the Connecticut River 
Railroad Company. 

Section 4. All acts and parts of acts inconsistent here- Repeal. 
with are hereby repealed. Approved March 7, 1863. 

An Act to incorporate the Massachusetts powder works, (^l^j^ 7Q 
Be it enacted, S\'c., as follows : -^ 

Skction 1. Addison G. Fay, Thomas M. Tolman, Sam- corporators. 
uel Potter, their associates and successors, are hereby made 
a corporation, by the name of the Massachusetts Powder Title. 
Works, for the purpose of manufacturing powder in the purpose. 
town of Barre, in the county of Worcester ; and for this Powers. 
purpose shall have all the powers and privileges, and be 
subject to all the duties, restrictions and liabilities, set fortii 
in the sixtieth and sixty-eighth chapters of the General 
Statutes, and all acts -jjassed subsequent thereto, relating to 
manufacturing corporations. 

Section 2. The said corporation may hold for the pur- capital. 
poses aforesaid, real estate to the amount of fifty thousand 
dollars, and the whole capital stock of said corporation shall 
not exceed one hundred thousand dollars : provided, how- proTiso. 
ever, that said corporation shall not go into operation until 
the sum of seventy thousand dollars of its capital stock has 
been paid in, in cash. 

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

Approved March 7, 1863. 



Chap. 71. 



An Act concerning schedules to be filed by insolvent 

DEBTORS. 

Be it enacted, §'c., as follows : 

Section 1. If the schedules to be delivered to the regis- Failure to deiwer 
ter of the court of insolvency within five days after the date defeat" dVimrge" 
of the warrant, as provided in the first section of the one ^^^101.^'*^""°^ 
hundred and seventy-ninth chapter of the acts of the year 
eighteen hundred and sixty-two, are not so delivered, througii 



410 1863.— Chapters 72, 73. 

accident or mistake, tliey shall be so delivered as soon there- 
after as may be, at or before the first meeting of creditors ; 
and the delay or omission to deliver them sooner shall not 
affect or operate to defeat the granting of the certificate of 
discharge, unless such omission or delay occurred through 
the fault of the insolvent debtor, 
i^epeai. Section 2. All acts and parts of acts inconsistent with 

this act are hereby repealed. 

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

Approved March 10, 1863. 

Chan 72. -^ ■^'-'^ ^^ addition to an act for supplying the city of wor- 
^ ' ' cester with water. 

^e it enacted, Sfc, as follows: 
City may hold SECTION 1. The city of "Worccstcr is hereby authorized 
ters,7r/pVs, to take, hold and convey the waters collected and flowing 
neLsa™ywork°. f^om the castcrly slope of Millstone Hill, so called, in said 
city, in and upon the land of Henry Putnam, in the best 
and most convenient manner and direction, over, through 
and across any streets, highways and lands in said city, into 
Bell Pond, so called, and thence into the city reservoir and 
aqueduct, and to lay any pipes, and build and maintain any 
works necessary therefor. 
Damage sus- SECTION 2. All damage sustained by taking land or 
cktoed within otherwisc, may be ascertained, determined and recovered in 
one year. ^^iQ mauucr providcd by law in case of land taken for high- 

ways : but no proceedings shall be tommenced after the 
lapse of one year after the damage occurred. 

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

Approved March 11, 1863. 



Chap. 73. 



An Act concerning the fisheries in taunton great river. 
Be it enacted, Sfc, as follows : 

Provisions of act SECTION 1. The provisions of chaptcr four hundred and 
of 1855, extend- ^^^^ ^|> ^j^g ^^^^ ^^ ^I^q ^q^^. eighteen hundred and fifty-five, 

relating to the catching of shad and alewives in Taunton 
Great River, and the Newmasket River, are hereby extended 
to all waters connected with the Newmasket River, within 
the towns of Middleborough and Lakeville. 
Fish wardens, SECTION 2. It shall be tlic duty of the fish wardens 
duties defined. (.]^Qgg,j \yj ^^e towu of Middlcborough, under the provisions 
of chapter four hundred and one, section nine, of the acts 
of the year eighteen hundred and fifty-five, either personally 
or by the assistants by them appointed and employed, to 
use all needful care, watcli and inspection, to prevent any 
violation of any of the provisions of said act, from a point 



1863.— Chapters 74, 75. 411 

one mile and a half below tiie dam at Squawbetty Village 

up to the waters of Assawampscott Pond ; the expense of Expense, how 

wliich earc, watch and inspection, shall be paid by said town ^'"'^' 

of Middlcborough ; and tlie other towns on said Taunton 

Great River shall annually pay to said town of Middlebor- 

ough, for reimbursement for their share in the benefits to be 

derived by them for said care, watch and inspection, the 

sums following: The city of Fall River and the town of 

Freetown, ten dollars each ; the towns of Somerset, Digli- 

ton, Berkley and Raynham twenty dollars each, and the 

town of Taunton thirty dollars. And the said town of Muwieborough 

Middleborough may recover the same in an action of con- ""^^ reco^". 

tract in any court of competent jurisdiction 

Section 3. Any person who shall beat upon the ground, Penalty for dis- 
or do any act whatsoever whereby said fish in said rivers tu'^ng ash. 
shall be disturbed, driven, destroyed or delayed, from the 
first day of March to the tenth day of June in each year, 
contrary to the meaning and intent of the provisions of 
chapter four hundred and one of the acts of the year one 
thousand eight hundred and fifty-five, shall be subject to all 
the pains and penalties named in the eleventh section of 
said act. 

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

Approved March 12, 1863. 



Chap. 74. 



Ax Act to authorize prince s. crowell to build a wharf in 

FALMOUTH. 

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

Prince S. Crowell is hereby authorized to build a wharf 
in front of his land, at the head of Great Harbor, at Wood's 
Hole, in the town of Falmouth, extending the same not 
more than two hundred feet from high-water mark, and 
shall be allowed to lay vessels thereat, and to collect wharf- 
age and dockage therefor : provided, that this grant shall 
not affect the legal rights of any person. 

Approved March 12, 1863. 

An Act to amend " an act concerning pilotage." 
Be it enacted, Sfc, as follows. • 

The sixth section of chapter one hundred and seventy- pnots to pay four 
six of the acts of the year one thousand eight hundred and P.^tsTocommu- 
sixty-two is hereby so amended that the pilots shall collect sioners. 
and ]iay over to the commissioners four per cent, of all 
moneys received for pilotage, instead of three per cent, 
provided for in said section. 

Approved March 12, 1863. 



Chap. 75. 



412 



1863.— Chapters 76, 77. 



Chap. 76. 



May use or char- 
ter to U. S., ves- 
sels owned or 
chartered by 
company. 



Personal proper- 
ty. 

Act of 1859 to re- 
main in force, 
notwithstanding, 
etc. 



Inconsistent pro- 
visions repealed. 



An Act relating to the " union steam-ship company." 
Be it enacted, §"c., as follows: 

Section 1. Permission is hereby given to the Union 
Steam-ship Company to use any steam-ship or steam-ships, 
now or hereafter owned, chartered or hired by them, or to 
let, to freight or to charter the same to the United States 
or to any state, corporation or person, for any trade or pur- 
pose authorized, and between any ports or places open by 
the treaties and laws of the United States : provided, said 
ship or sbips shall not ply between the port of Boston and 
the ports of Philadelphia, Baltimore, Charleston and Savan- 
nah, or either of them, except when in the service of the 
United States. 

Section 2. Said company may hold personal property 
not exceeding in value one million of dollars. 

Section 3. The one hundred and eighty-seventh chapter 
of the acts of the year eighteen hundred and fifty-nine, 
shall remain in force, notwithstanding any failure on the 
part of said company to comply with the latter portion of 
the fifth section of said act relating to the route and employ- 
ment of the ships of said company. 

Section 4. Any portions of the acts creating or specially 
relating to said company, which may be inconsistent with 
this act, are hereby repealed. 

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

Approved March 12, 1863. 



Chat) 77 "^^ ^^^ ^^ incorporate the new ENGLAND HOSPITAL FOR WOMEN 



AND CHILDREN. 



Corporators. 



Title. 
Purpose. 



Be it enacted, Sfc, as folloivs : 

Section 1. Lucy Goddard, Marie E. Zakrzewska, Ednah 
D. Cheney, their associates and successors are hereby made 
a corporation by the name of the New England Hospital for 
Women and Children, for the purpose of establishing and 
maintaining in the city of Boston, or its vicinity, a hospital 
for the treatment of the diseases of women and children, 
and of giving therein clinical instruction to female students 
Powers and du- of mcdicinc, and of training nurses ; with all the powers 
*'®^' and privileges, and subject to all the duties, liabilities and 

restrictions, set forth in the sixty-eighth chapter of the 
General Statutes. 

Section 2. The said corporation may take and hold real 
estate not exceeding in value fifty thousand dollars, and 
personal property not exceeding in value fifty thousand dol- 
lars, all of which shall be devoted to the purposes aforesaid. 

Approved March 12, 1863. 



Peal and person' 
al property. 



1863.— Chapters 78, 79. 413 

A\ Act giving jurisdiction to police courts in cf.utain casks. rVw... 'Tw 
Be it enacted, vVc, as follows : 

Section 1. The several police courts in this Coiumoii- concurrotjuris- 
wealth shall have concurrent Jurisdiction with the superior pl^^r" court de- 
court, of all olTenccs under the sixth and seventh sections "^'^'i- 
of chapter eighty-seven of the General Statutes, and of all 
complaints under the common law, for the keeping and 
maintenance of a common, ill-governed and disorderly house. 

Section 2. Whenever final jurisdiction is exercised hy imitation of 
any police court in such cases, the punishment shall he ot Hna^junTaTc- 
limited to a fine not exceeding one hundred dollars, and "''°- 
imprisonment not exceeding one year in the jail or house of 
correction. 

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

Approved March 12, 18G3. 



Chap. 79. 



Ax Act in further addition to an act in aid of the families 

of volunteers. 
Be it enacted, S^'c, asfulloics: 

Section 1. Any town or city may raise money by tax or selectmen or cuy 

,1 • J •/? 1 J.1 J ii J • council may raise 

Otherwise, and it necessary apply the same, under the direc- money and aid 
tion of its selectmen, or city council, for the aid of tlie ceased sowiLs^*" 
widow, children, parent, brothers or sisters, of any inhabi- 
tant of said town or city, and upon whom they were depend- 
ent, who may have died while in the service of the United 
States: provided, said inhabitant were a volunteer duly Proviso, 
enlisted and mustered into the service of the United States, 
and his wife, children, parent, brothers or sisters, were 
entitled, prior to the decease of said volunteer, to receive 
aid under the provisions of chapter sixty-six of the laws of 
the year one thousand eight hundred and sixty-two. 

Section 2. Any town or city may raise money and apply May mise and 
the same, in manner as provided in the first section of this ^fmi[ie°'°ot''soT 
act, for the aid of the wife, children, parent, brothers or a^XabTed"^*"* 
sisters, of any inhabitant of said town or city, and upon 
whom they were dependent, who may have been disabled 
while in the service of the United States, and discharged 
from said service by reason of any disability contracted in 
or caused by said service, thereby rendering said inhabitant 
unable to provide for those dependent upon him : provided, Provisos. 
that said inhabitant were a volunteer duly enlisted and 
*. mustered into the service of the United States, and his wife, 
children, parent, brothers or sisters were entitled, prior to 
his said discharge, to receive aid under the provisions of 
chapter sixty-six of tlie laws of the year one thousand eight 
hundred and sixty-two ; and provided, also, that the pro-- 

15 



414 1863.— Chapter 80. 

visions of this section shall apply to the widow, children, 
parent, brothers or sisters, of any such volunteer deceased 
after his discharge, by reason of disability or disease con- 
tracted while in the service.. 
Act of 1862, ch. Section 3. All the provisions of the fourth and fifth 
der this'^rcc:'' "°" scctious of chapter sixty-six of the laws of the year one 
thousand eight hundred and sixty-two, concerning the reim- 
bursement of money from the state treasury, and annual 
reports to the auditor, shall be applicable to the money 
applied under the provisions of this act. 
Limitations of SECTION 4. No sums shall be so applied to the widow, 

time, and condi- •fi-ii • o 

tions defined. wiic, cluldreu, parent, brothers or sisters, of any such 
deceased or disabled volunteer, for a period of more than 
one year, or after the payment to them, or either of them, 
of any suras under the provisions of the pension act of con- 
gress, passed July fourteenth, in the year one thousand 
eight hundred and sixty-two ; and if any town or city has 
furnished aid to the widow, wife, children, parent, brothers 
or sisters of any such deceased or disabled volunteer, prior 
to the passage of this act, the time during which said aid 
has been furnished, shall be included in computing tlie 
period of one year ; and said town or city shall have the 
same right of reimbursement as in cases of aid furnished 
after the passage of this act. And the word " children," in 
this act, and in all acts to which this is in addition, shall be 
construed to include step-children. 

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

Approved March 12, 1863. 

ChctlJ. 80. -^^ ^^^ ^*-* INCREASE THE NUMBER OF DIRECTORS OF THE BANK OP 
^ ' ' MUTUAL REDEMPTION. 

Be it enacted, §'c., as follows : ' 

Number defined. SECTION 1. The number of directors of the Bank of 

Mutual Redemption shall consist of not less than nine, nor 
Proviso. more than fifteen persons : provided, that at least two-thirds 

of the directors shall be inhabitants of this state, and ail of 

them inhabitants of the New England states. 
Inconsistent pro- SECTION 2. Sucli parts of scctiou third, chapter four 

■oiainnatrpnafllorl. t n r PI O \ •! ^ 

hundred and filty, oi the acts oi tlie year eighteen hundred 
and fifty-five, and section third, chapter one hundred and 
twenty-six, of the acts of the year eighteen hundred and 
fifty-six, as are inconsistent herewith, are hereby repealed^ 

Approved March 12, 1S63. 



■visions repealed. 



1863.— Chapter 81. 415 

An Act to ixcorporatk thk kast falmoutii iikukixg river QI)r,n ftl 

COMPANY IN FALMOUTU. -t ' 

Be it enacted, iVc, as follows : 

Section 1. Ileniy F. Hatch, Benjamin H. Hatch, Robert corporators. 
H. Hatch, and Isaac II. Ilatcli, their associates and succes- 
sors, arc herel)y made a corporation l)y the name of the East Title. 
Fahnouth Herring River Company in Falmouth, and are Authority. 
empowered to open a brook or ditch through their own land 
from Ashumet Pond to Bourne's Pond, so called, and from 
thence to the \'ineyard Sound, with full powers to regulate 
the same so far as is necessary for an alewive fishery ; and Restrictions. 
for this purpose said corporation shall have all the powers 
and privileges, and be subject to all the duties, restrictions 
and liabilities set forth in the sixty-eighth chapter of the 
General Stahites. 

Section 2. Whoever without the permission of said cor- Penalty for tres- 
poration, shall take any alewives from said brook or river, ^"^^^^ 
shall forfeit and pay a fine of five dollars, to be recovered 
before any court proper to try the same. 

Section 3. All persons who may be owners of land Adjoining land 
through which said brook passes, or which adjoins the same, memblisi^^ 
may become members of said corporation ; subject, how- 
ever, to pay their proportional part of the expenses which 
shall have been incurred by said corporation before the time 
of their admission. 

Section 4. If any damage shall be done by said corpora- Liability of.cor- 
tion to the property of any person not a member thereof, po^^^Q^fo-^ <!»«»- 
such individual shall have an action of tort for the injuries. 
And the members of said corporation shall be jointly and 
severally individually liable for such damage in an action of 
tort, in any court having jurisdiction of the case; and any Members, how 
member of said corporation of whom such damage has ''^'''®' 
been collected, may have an action of contract against his 
co-members for contributions. 

Section 5. If said brook crosses the highway where no Brook crossing 
bridge now exists, said corporation shall build a bridge wavrb^dge to°be 
over the same to the acceptance of the selectmen of the '^"'"• 
town of Falmouth, and be held to keep the same in repair. 

Section G. Nothing herein contained shall authorize ^;";|^g" ^°^^^^^^l 
said corporation to take or use the property of any person ertytobeobtaia- 
without his written consent. 

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

Approved March 12, 1863. 



416 



1863.— Chapters 82, 83, 84. 



Chap. 82. 



Town of Rock- 
port, by its offi- 
cers, may choose 
majority of direc- 
tors. 



Gen. Stats., sect. 
5, ch. 68, not to 
apply. 



Chap. 83. 

Corporators. 

Title. 

Purpose. 



Powers and du- 
ties. 



Repeal. 



Chap. 84. 



Time for con- 
struction ex- 
teuiied. 



Estimation of 
damages. 



An Act in addition to " an act to incorporate the rockport 
railroad company." 

Be it enacted, cVc, as follows : 

Section 1. The selectmen and treasurer of the town of 
Rockport, shall have authority to represent said town at any 
meeting of the Rockport Railroad Company held for the 
choice of directors of said company, and said town so 
represented, is hereby authorized to choose a majority of 
said directors, so long as tliree-fourths of the capital stock, 
issued by said company, shall be owned by said town. 

Section 2. So much of the fifth section of the sixty- 
third chapter of the General Statutes, as is inconsistent with 
the provisions of the preceding section, shall not apply to 

said Rockport Railroad Company. Approved March 12, 1863. 

• 

An Act to incorporate the cape cod mutual fire insurance 

COMPANY. 

Be it enacted, §'c., as folloios : 

Section 1. Zebina H. Small, Obed Brooks, Chester Snow, 
their associates and successors, are hereby made a corpora- 
tion by the name of the Cape Cod Mutual Fire Insurance 
Company, to be established in the town of Harwich, for the 
purpose of effecting mutual insurance, exclusively within the 
county of Barnstable, upon dwelling-houses, other buildings 
and personal property, against loss or damage by fire ; witli 
all the powers and privileges, and subject to all the duties, 
liabilities and restrictions, contained in the general laws 
which now are or hereafter may be in force relating to such 
corporations. 

Section 2. Chapter one hundred and fifty of the acts of 
the year eighteen hundred and sixty-one, incorporating the 
Cape Cod Mutual Fire Insurance Company, is hereby 
repealed. Approved March 12, 1803. 

An Act concerning the boston, barre and Gardner railroad 
corporation. 

Be it e7iacted, Sfc, as folloios : 

Section 1. The time allowed to the Boston, Barre and 
Gardner Railroad Corporation for constructing their railroad 
is hereby extended to the first day of July, in the year one 
thousand eight hundred and sixty-five. 

Section 2. The time within whicli application may be 
made to the county commissioners to estimate damages for 
land or property taken by said railroad corporation, as pro- 
vided in the General Statutes, is hereby extended four years 
from and after the passage of this act, notwithstanding said 
corporation may have heretofore filed the location of their 
railroad. Approved March 12, 1863. 



18G3.— Chapters 85, 86, 87, 8S. 417 

An Act in relation to banks organizkd undkk gknt.hal laws, /"'/.^j, ok 
Be it enacted^ iSy'., as follows: 

Tlic provisions of the one luuulred and ei<!;iitli section of Gen. stats., ch. 
the tifty-scvcnth chapter of tlie General Statntes are hereby apply!'" ^' '" 
made applicable to banks organized nnder the general bank- 
ing laws which sliall annul their charters or close their i)iisi- 
ness ; and the auditor shall deliver up the plates and dies of 
every such bank to be disposed of by the court named, and 
in the manner provided in said section for the benefit of the 
bank to which they belong. Approved March 12, 1863. 

Ax Act relating to snow and ice on the roofs op' buildings* CliaiJ. 86. 
Be it enacted, as follows: 

Section 1. Cities and towns may make by-laws to pre- cuies and towns 
vent the falling, and to provide for the removal of snow and j!I*^ t^'^preven't 
ice, from the roofs of buildings, in such portions of their ^^^""^,^^^1";^^*°" 
limits, and to such extent, as they may deem expedient, 
and may annex penalties not exceeding twenty dollars, for 
any violation of such by-laws by the owner of any such 
building, or his agent having the care thereof. 

Section 2. All acts and parts of acts inconsistent here- Repeal. 
with are hereby repealed. Approved March 12, 1863. 

An Act to authorize the sergeant-at-arms to appoint an QJmy)^ §7, 

assistant. ^ 

Be it enacted, i^'c, as follows: 

Section 1. In case of the disability or necessary absence May appoint sub- 
of the sergeant-at-arms, he may appoint, sultject to the i7pre."id?nroffi- 
approval of the presiding officers of the two brunches of the ^'■" "^ '^g'^'='- 
legislature, or during the recess of the legislature, of the emor. 
governor, a suitable person to perform the duties of the 
office of sergeant-at-arms, during such disability or absence, 
to be called the assistant sergeant-at-arms ; and the compen- 
sation of such assistant shall be paid by the sergeant-at-arms. 

Section 2. The sergeant-at-arms shall be responsible Responsibility of 
for the fidelity and good conduct of the assistant sergeant- am?Tenure'o™8l 
at-arms, in his said capacity as such assistant ; and such eistant. 
assistant may be removed from his said office for miscon- 
duct or other sufficient cause, by the legislature, or, during 
the recess of the legislature, by the governor and council. 

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

Approved March 14, 1863. 



Chap. 88. 



An Act in addition to an act concerning the neponset bridge 

AND BRAINTREE AND WEYMOUTH TURNPIKE. 

Be it enacted, ^'c, as follows : 

Section 1. The fund accrued under the provisions of Fund acerund 
chapter two hundred and twenty-three of the acts of the year """*" *'''• '^^^ 



418 1863.— Chapter 89. - 

on«.57, how eighteen hundred and fifty-seven, amounting on the first day 
of January, eighteen hundred and sixty-three, to the sum of 
seven thousand two hundred and twenty-four dollars and 
seventy-two cents, together with its future accumulations 
from tolls, contributions or other sources, shall be applied as 
provided in the following section. 
County commis- SECTION 2. Whenever said fund shall amount to the sum 
on petition of of fifteen tliousaud dollars, the collection of tolls on the 
ro"tion%und7o bridges mentioned in said act shall be discontinued, and the 
^kigesue "^^^"^ county commissioners for the county of Bristol, on the peti- 
tion of the trustees of said fund, or of any other person or 
party interested, and after notifying and hearing all parties 
interested, and viewing the premises in the manner provided 
in sections three and four of the forty-third chapter of the 
General Statutes, shall proceed to apportion said fund 
between the towns wherein said bridges lie, as they shall 
determine to be just, having regard to all the equities 
involved. 
Towns to be paid SECTION 3. The trustccs sliall thereupon pay over the 
mfiy°and*there- mouey SO apportioned to the towns respectively entitled 
of^bridgel? ''"^ thereto, and said towns shall thenceforth have the care, 
maintenance and repair of the bridges within their limits, 
and be subject to the same duties and liabilities in relation 
thereto, as exist in regard to other highways ; and the 
selectmen of said towns shall have and exercise within their 
respective limits, like powers in relation thereto, as have 
been heretofore reposed in the corporations and trustees : 
Proviso. provided, that said bridges and turnpikes shall be forever 

free from tolls. 
Quincy Railroad SECTION 4. Nothing in this act shall affect the rights, 
main"° ^ ° "" dutics and liabilities of the Quincy Railroad Corporation 

having a track located upon the Neponset Bridge. 

be"coiie?ted and SECTION 5. Nothiug iu this act contained shall prevent 

shall be 'paid thc collcctiou of auy sums due for tolls when said bridges 

become public higiiways : but arrearages shall be collected 

by the trustees, and paid over to the same towns and in the 

same proportions as the principal fund shall have been paid. 

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

Approved March 14, 1863. 



Chaj). 89. 



An Act for the protection of pickerel ix clapp's pond. 
Be it enacted, Sfc, as follows: 
Monopoly grant- SECTION 1. Ricliard C. Hartford, hls heirs and assigns, are 

ed for ten years. • i -, , i • • \ , j , ^ • i i p 

hereby entitled to the exclusive right to take pickerel irom 
Clapp's Pond, so called, in the town of Provincetown, for 



lbG3.— CHirTERs 90, 91. 419 

the term often years from tlie passage of this act: provided^ Proviso, 
tlic consent of the owners of said pond be first obtained. 

Section 2. Any person taking pickerel from said pond Penalty for tres- 
contrary to the })rovisions of tliis act, shall, on conviction in 
any court having jurisdiction of the offence, be fined not 
exceeding one dollar to the use of the Commonwealth. 

Approved March 14, 18G3. 



Chap. 90. 



An Act concerning the essex railroad company and the 

KASTEllN RAILROAD COMPANY. 

Be it enacted, ^'c, as follows : 

Section 1. The Essex Railroad Company is hereby Transfer of es- 

.,,, „ , .',,''.. .. sex franchise to 

authorized to sell, transier and convey its Irancliise, privi- Eastern co. au- 
legcs and all its property both real and personal, to the "^""'''^^ 
Eastern Railroad Company, and the Eastern Railroad Com- 
pany is hereby autiiorized to receive such sale, transfer and 
conveyance, upon the terms and conditions recited in a con- 
tract dated the fifth day of July, in the year eighteen hun- 
dred and fifty-two, and assented to by said Essex Railroac^ 
Company, at a stockholders' meeting held on the eighteenth 
day of July, in the year eighteen hundred and fifty-three ; 
or upon such other terms and conditions as may be mutu- 
ally agreed by said corporations : provided, however, that Pfo^so. 
such sale, transfer and conveyance, and all the terms and 
conditions thereof, shall be ratified by the stockholders of 
eacii of said corporations, at meetings legally called for that 
purpose, on or before the first day of August next. 

Section 2. When such sale, transfer and conveyance are Eastern co. to be 
made and completed, as aforesaid, said Eastern Railroad powerfof Esse\. 
Company shall have all the rights and privileges, and shall be 
sul)ject to all the duties, restrictions, debts and liabilities, to 
which the said Essex Railroad Company is or may be 
subject ; and the said Eastern Railroad Company shall fj^Ystock*'^ "'''''' 
thereupon be empowered to increase its capital stock, by an 
amount not exceeding three hundred and fifty thousand 
dollars beyond the amount now authorized by law. 

Section 3. Nothing in this act contained shall impair Rights of credi- 

, . , 1. P T /• 1 • 1 T-i 7> -1 *■""■ "f Essex not 

tlie rights or remedies ot any creditor oi the said Ji<ssex Itail- impaired. 
road Company. Approved March 14, 1863. 

An Act to promote enlistments and regulate recruiting. Chan 91 
Be it enacted, ^-c, as follows : 

Section 1. No town or city shall hereafter raise or Bounties by 
expend money for the pur{)Ose of offering or paying boun- ^"^"^ p-^^^^ibited. 
ties to volunteers: provided, hoivever, tliat the provisions of Proviso. 
this section shall not apply to the action of any town or city 



420 1863.— Chapter 91. . 

prior to the passage of this act ; and provided, also, that any 
city or town may offer and pay bounties not exceeding one 
hundred dollars for each volunteer to be enlisted and mus- 
tered into the volunteer military service of the United 
States for three years, towards supplying any existing defi- 
ciency in its quota of troops called for by the president and 
ordeied to be drafted during the year eighteen hundred and 
Penalty for re- sixty-two. It sliall uot bc lawful for any person, within the 
authorfty^'""""' territory or jurisdiction of this Commonwealth, to recruit 
for or enlist in military service, except under the authority 
of the governor thereof, or of the president of the United 
States ; and every person so offending shall be deemed 
guilty of a misdemeanor, and fined not exceeding one thou- 
sand dollars, to be prosecuted and recovered before any 
competent court of the Commonwealth. 
Governor may SECTION 2. The govcmor is autliorizcd to offer and pay 
t'hree^years^%o*i- bouutics uot exccediug the rate of fifty dollars each, to vol- 
unteers raised uutccrs for the military service of the United States, who 

under authority iiti t • i-i 

of U.S. may hereafter enlist and be duly mustered into the said 

service during the present war, as members of any regiment 
or company heretofore or hereafter raised for three years' 
service, under the authority of the president of the United 
States, and organized as a part of the contingent of Massa- 
chusetts, to be taken into account and allowed for, in assign- 
ing to this Commonwealth, or to any congressional or mili- 
tary district tliereof, their respective quotas under any call 
or draft which may hereafter be made or ordered by the 
May expend for president of the United States. And the governor is further 
vouuteers"' for authorizcd to usc and expend, in and about the procurement 
new and pre-ex- of sucli voluiitcers to rccruit the corps of Massachusetts three 

isting regiments. 51. • ,1 • j 4, 1 ft- 

years volunteers now in the service, and those liereaiter 
raised, whether in the employment of recruiting agents, in 
subsistence, transportation, and such other reasonable expen- 
diture as he shall judge necessary and expedient, a sum not 
exceeding twenty-five dollars for each volunteer, who may 
hereafter be mustered into a pre-existing regiment or com- 
pany, and sums not exceeding in their aggregates twenty-five 
thousand dollars, for each new regiment of infantry hereafter 
organized and mustered in, and not exceeding thirty-seven 
hundred and fifty dollars for each company of artillery, and 
not exceeding twenty-five hundred dollars for each company 
of cavalry, hereafter organized and mustered in as aforesaid. 
May pay bounties SECTION 3. Tlic govcmor is authorizcd to offer and pay 
bounties, not exceeding the rate of twenty-five dollars each, 
to such of the Massachusetts volunteers, now in the service 
of the United States, as may re-enlist to serve for any term 



1863.— Chapter 92. 421 

less than tliroc years, but not less than one, after the expira- 
tion of their present service. 

Skction 4. For the purj)ose of meeting tlie expenses to be Bounty r.md cs- 
incurred under this act, a fund is hereby created to be called pue'orscdp au- 
the Bounty Fund ; and the treasurer of the Commonwealth, "io"ze<i. 
under the direction of the governor and council, is hereby 
authorized from time to time to issue scrip or certificates of 
debt bearing interest at a rate not exceeding six per cent, per 
annum, payable semi-annually on the first days of January 
and July in each year, and redeemable in not less tiian ten 
nor more than thirty years, in the name and on behalf of the 
Commonwealth, and under his signature and the seal of the 
Commonwealth, to an amount not exceeding fifteen hundred 
thousand dollars ; and the proceeds of such scrip so issued 
shall be passed to the credit of said bounty fund, and the 
same is hereby appropriated for the purpose of paying all 
liabilities to be incurred under the provisions of this act. 

Section 5. There shall be raised by taxation in each one-tenth part 
year, commencing with the year eighteen hundred and sixty- rS'^^by *taxat 
four, a sum equal to one-tenth part of the whole amount t'o^^a'^^'^ f"°'i«<i- 
found by the report of the treasurer to have been drawn 
from said bounty fund ; and the sum so raised from year to 
year, shall be pledged and held as a sinking fund to be 
invested in the scrip of the United States, or in the scrip or 
certificates of debt of this Commonwealth. ^ 

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

Approved March 17, 1863. 

Ax Act to incorporate the father mathew mutual benevo- Qfiar), 92. 

LENT total abstinence SOCIETY. ■' 

Be it enacted, Sfc, as follows : 

Section 1. John McNeills, James McFague, Timothy corporators. 
McCarty, their associates and successors, are hereby made a 
corporation by the name of the Father Mathew Mutual xitie. 
Benevolent Total Abstinence Society, for the purpose of 
promoting the cause of temperance in the city of Charles- Location. 
town, in the county of Middlesex, and of benefiting the con- 
dition of their members, by assisting them in time of 
sickness ; with all the powers and privileges, and subject to powers and du- 
all the duties, liabilities and restrictions set forth in the "^^' 
sixty-eighth chapter of the General Statutes. 

Section 2. Said corporation may take and hold real Reai and person- 
estate not exceeding ten thousand dollars, and personal *'*^'*'^- 
property not exceeding five thousand dollars, for the 
purposes aforesaid. 

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

Approved March 17, 18G3. 
16 



422 1863.— Chapters 93, 94, 95. 

Chan 93 '^^ ^'^^ ^^ incorporate the very reverend father mathew 
-'' ' ' mutual benevolent total abstinence society. 

Be it enacted, §'c., as follows: 

Corporators. SECTION 1. Richard O'Flyiin, John B. O'Leary, Michael 

McLaughlin, their associates and successors, are hereby 

Titifl. made a corporation by the name of the Very Reverend 

Father Mathew Mutual Benevolent Total Abstinence Socie- 

Location. ty, for the purpose of promoting tlie cause of temperance in 

the city of Worcester, in the county of Worcester, and of 
benefiting the condition of their members in time of sick- 

Powers and du- ncss, and by other charitable assistance ; 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. 

Real and person- SECTION 2. Said corporatioH may take and hold real 
estate not exceeding ten thousand dollars, and personal 
property not exceeding five thousand dollars, for the 
purposes aforesaid. 

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

Approved March 17, 1863. 

Chap. 94. -^^ ■^^'^ "^o incorporate the hadley company. 

Be it enacted, Sfc, as follows : 

Corporators. SECTION 1. Gcorge W. Lymau, James W. Paige and 

Abbott Lawrence, their associates and successors, are hereby 

^Titie. made a corporation, by the name of the Hadley Company, 

Purpose. fQp i\^Q purpose of manufacturing wool, cotton, or other 

fibrous materials, in the town of Holyoke, in the county of 

Powers and du- Hampden, and for this purpose shall have all the powers 
and privileges, and be subject to all the duties, restrictions 
and liabilities, set forth in the sixtieth and sixty-eighth 
chapters of the General Statutes, and all acts passed subse- 
quently thereto, relating to manufacturing corporations. 

Real and person- SECTION 2. Tlic Said Corporation may hold, for the 
purposes aforesaid, real estate to the amount of five hun- 
dred thousand dollars, and the whole capital stock of said 
corporation shall not exceed eight hundred thousand dollars. 
Section 3. This act shall take effect upon its passage. 

Approved March 18, 1863. 

Chan 95 ^^ ^^^ ^^ authorize the cape cod railroad company to build 

"' ' A wharf. 

Be it enacted, ^c, as follows : 
May build in SECTION 1. The Capc Cod Railroad Company, its suc- 
i8irnd,°unWMe- ccssors and assigns, are hereby authorized to build and 
ham. maintain a wharf in front of said company's premises, 

known as " Tim's Island," in Wareham, in the county of 



1863.— Chapters 96, 97. 423 

Plymouth, and to extend the same at right angles with the 
track of said company into the Wankinco River not over 
one hundred and fifty feet from the front of the wall upon 
said premises as the same now stands ; and said company, Prwueges. 
its successors and assigns, shall have the right to lay vessels 
at the end and sides of said wharf, and to collect and receive 
wharfage and dockage therefor: provided^ lioioever, that Proviso, 
this grant shall not interfere with the legal rights of any 
person whatever. 

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

Approved March 18, 1863. 
An Act to authorize the town of Chatham to take stock in QJ^f^n 96 

THE CAPE COD CENTRAL RAILROAD COMPANY. "' 

Be it enacted, ^'c, as follows : 

Section 1. The town of Chatham is hereby authorized May hoid to 
to subscribe for and hold shares in the capital stock of the ?"ou"and°douar3^ 
Cape Cod Central Railroad Company, to the amount of fifty 
thousand dollars, and to pay for the same out of the treasury 
of the town, 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. 

Section 2. The said town of Chatham is hereby author- May raise money 

, .,...,, ,, "" , by loan or tax 

ized to raise, by issuing its bonds, or by loan or tax, any therefor. 
sums of money which shall be required to pay its instal- 
ments or its subscriptions to said stock and interest thereon. 

Section 3. The committee appointed by a vote of said committee of 
town of Chatham, to petition this legislature for the author- for number of 
ity granted in the first and second sections of this act, are nSng^n^Feb- 
hereby authorized to subscribe in behalf of said town for j;^"^;te of to^ 
tlie number of shares in the capital stock of said Cape Cod for first airectora. 
Central Railroad, as was voted by said town, at a meeting 
held on the third day of February, eighteen hundred and 
sixty-three ; and said committee are hereby further author- 
ized to cast the vote of said town in the choice of directors 
for said road, at the first meeting of the stockholders called 
for that purpose ; and thereafter the vote of said town in Thereafter vote 

1 1 • /. T 1111 ,1,1 to be cast by per- 

the choice of directors shall be cast by the person or persons sons designated, 
said towns may appoint. 

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

Approved March 18, 1863. 

An Act in addition to an act to incorporate the salem and QJiqjj 97^ 

south danvers railroad company. ^ ' 

Be it enacted, Sfc, as follows: 

Section 1. The Salem and South Danvers Railroad May extend over 
Company are hereby authorized to extend their railroad to^lseyeriyf ard 



424 1863.— Chapter 97. . 

construct, with Qver the Essex Brido-e, to and in the town of Beverlv, with 

assent of munici- , ^ ^ • , • i m i • "i 

pauties, over powcr to construct, maintain and use a railroad, with con- 
ways'^ 1^0°*^ sailm venient single or double tracks, from such point or points in 
and Beverly. i\^q ^ity of Salem as shall be fixed by the mayor and alder- 
men of said city, with the assent in writing of said corpora- 
tion, filed with said mayor and aldermen, and upon and 
over such streets and highways of said city as shall be from 
time to time fixed and determined by said mayor and alder- 
men, with the assent in writing of said corporation filed as 
aforesaid, to the Essex Bridge, and then upon and over the 
Essex Bridge to the town of Beverly, and then upon and 
over such of the streets and highways in tiie town of Beverly 
as shall be from time to time fixed and determined by the 
selectmen of said town, with the assent in writing of said 
corporation, filed with said selectmen, and also upon and 
over such other land in said city or town as said corporation 
Tracks, condi- may clcct to build their road or roads upon or over. Said 
jing. p^j|j.Qj^(j track or tracks shall be laid at such distance from 
the sidewalks in said town or city as the selectmen of said 
town, and mayor and aldermen of said city shall, respec- 
tively, within the limits of their several jurisdictions, in their 
order fixing the routes of said railroad, determine to be for 
the public safety and convenience. 
Municipality to SECTION 2. Bcforc proceeding to locate the track or 
fiTutter^tbyVb" tracks of Said railroad in any street or highway, as aforesaid, 
lication before jjj g^id towu of Bcvcrlv Or said city of Salem, the selectmen 

locating track. n • j . •' j ^A r • j • ^ 

of said town or mayor and aldermen of said city, respec- 
tively, shall give notice to the abutters thereon, by publica- 
• tion in such newspapers as said selectmen or mayor and 
aldermen shall determine, at least fourteen days before such 
meeting, of the time and place at which they will fix and 
determine the location and manner of construction of such 
track or tracks ; and such abutters may then and there 
appear, and show cause, if any there be, why said track or 
tracks should not be so located and constructed. 

City and town SECTION 3. Said railroad shall be constructed and main- 
authorities to de- , • 1 . 1 /. T 1 11 

termine construe- tauicd 111 sucli foriu and mauuer, and upon such grade, as 
tion and grade. ^^^^ selectmen of Said town and mayor and aldermen of said 
city, respectively, shall, by their votes, fixing and determin- 
ing the routes thereof, as aforesaid, prescribe and direct; 
and whenever, in the judgment of said corporation it shall 
be necessary to alter the grade of any street so occupied by 
it, the sole expense of said alteration shall be paid by said 
corporation ; and such alteration shall not be made unless 
the assent of the selectmen of the town or mayor and alder- 



18613.— Chapter 98. 425 

men of the city within wliich it is proposed to be made, shall 
first be obtained. 

Skction 4. The i-ailroad tlius autliorized to be built and Provisions of act 
maintained, shall be built and maintained subject to all the apjly'!""^"""^ 
restrictions and liabilities contained in the act to which this 
Is in addition. And the gauge of said railroad shall be four Gauge. 
feet eight and' one-half inches. 

Section 5. The county commissioners for the county of Essex Bridge, 
Essex, upon a proper application, shall fix and determine anT'Tompenl" 
the manlier of construction of such railroad over the Essex tion for howde- 

T» • 1 11 • 1111 • 1 1 termineu. 

Uridge, and also what compensation shall be paid to tlie 
Commonwealth for the use of Essex Bridge. 

Section 6. The said corporation are hereby authorized capital, increase 
to increase their capital stock by an amount not exceeding shareTdefined" 
seventy-five thousand dollars, to be divided into seven hun- 
dred and fifty shares of one hundred dollars each. 

Section 7. The mayor and aldermen of the city of Salem Mayor and aider- 
are hereby authorized to hear and determine anew the mode deTprmine'Tnew 
of construction of the road to be built by this corporation ^lotiacny^^'^'^'^' 
througii and upon the streets of said city, in the same man- 
ner as though no proceedings had been had, and all pro- 
ceedings in regard to the same shall be according to the 
second section of the act to which this is in addition. 

Section 8. This act shall take effect upon its passage. 

Approved March 18, 1863. 



Chap. 98. 



An Act to incorporate the hancock mills. 
Be it enacted^ ^"c, as follows : 

Section 1. Erastus B. Bigelow, James L. Little, Benja- corporators. 
min E, Bates, their associates and successors, are hereby 
made a corporation by the name of the Hancock Mills, for Title. 
the purpose of manufacturing worsted goods, and any fabric. Purpose. 
yarn or thread composed wholly or in part of either cotton, 
wool, flax, silk, hemp or jute, and the machinery requisite 
therefor, in the town of Holyoke, in the county of Hamp- Location. 
den ; and for this purpose shall have all the powers and powers and du- 
privileges, and be subject to all duties, restrictions and '"'^' 
liabilities, set forth in the sixtieth and sixty-eighth chapters 
of the General Statutes, and the two hundred and eighteenth 
chapter of the acts of the year one thousand eight hundred 
and sixty-two, and all general acts passed after the enact- 
ment of the General Statutes relating to manufacturing 
corporations. 

Section 2. The said corporation may hold for the pur- capital stock. 
poses aforesaid, real estate to the amount of five hundred 
thousand dollars; and the whole capital stock of said corpo- 



426 1863.— Chapters 99, 100, 101, 102. 

ration shall not exceed one million five hundred thousand 
dollars. 

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

Approved March 18, 1863. 



Chap. 99. 



An Act concerning persons confined in jail. 

Be it enacted, §'c., as follows : 



em°Io*' ed ""Y on SECTION 1. The commissioners of the several counties 

lands and build- cxccpt Sufifolk, and tlic board of directors for public institu- 

ingso county, ^j^j^g -j^ Bostou maj, with the assent of the master'or keeper 

of any jail, employ any person confined therein pursuant to 

a sentence, upon conviction of an offence, to labor upon the 

public lands and buildings belonging to the county. 

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

Approved March 18, 1863. 

Chan 100 -^^ ■^^'^ concerning horse railroad companies. 

JBe it enacted, §'c., as follows : 

d finT ^^"^^ Section 1. All railroad companies now established or 
hereafter established, for the carriage of passengers, and 
required by their charters to operate their roads by horse- 
power only, shall construct and maintain their tracks or 
road, of the uniform gauge of four feet eight and one-half 
inches. 

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

Approved March 18, 1863. 
Chap. 101 ■^'^ -^^^ concerning investments of the sinking fund of the 

"' ' CAMBRIDGE RAILROAD COMPANY. 

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

Trustees may in- Section 1. The trustccs appointed under the provisions 

Ifocks'^and ' cer- of an act iu addition to an act to incorporate the Cambridge 

tarn other securi- Railroad Company, approved on the twenty-first day of 

February, in the year eighteen hundred and fifty-five, are 

hereby authorized to make investments of the sinking fund, 

in the public bonds and stock of the United States, and in 

any securities in which savings banks of the Commonwealth 

are authorized to invest. 

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

Approved March 18, 1863. 

Chap. 102 ^^ ^^"^ relating to the PRINTING OP BANK BILLS. 

Be it enacted, §'c., as follows : 
Printing prohib- SECTION 1. No bank shall hereafter procure any bills to 
authoritr^of du be printed, except in pursuance of a vote of the directors 
rectors. passcd at a regular meeting of the board ; and a copy of 



1863.— Chapters 103, 104. 427 

such vote duly cortified by the cashier or clerk of the board, 
shall be forthwith transmitted to the office of the bank com- 
missioners. Whenever any bills so ordered shall have been Duplicate certi- 
printcd, and shall be delivered to said bank, they shall be ^ZyZ^l^^ 
accompanied by duplicate certificates, signed by the printer tr"in'su,u"ed° to 
or other proper officer on his behalf, stating the number and ^:'"^ commia- 
denominations of the bills so delivered, one of which cer- 
tificates shall be retained by the bank, and the other forth- 
witli transmitted to the office of the bank commissioners. 

k^KCTiON 2. This act shall not apply to banks organized lunks under gen- 
under general laws. erai uw exempt. 

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

Approved March IS, 1863. 

An Act to incorporate the boston house company. Chap. 103 

Be it enacted, <J'c., as foUoics : 

Section 1. David Bryant, Thomas E. Nichols, Samuel corporators. 
S. Perkins, their associates and successors, are hereby made 
a corporation by the name of the Boston House Company, Title and pur- 
for the purpose of holding, improving, and maintaining a ^°^*'' 
public house in the city of Boston, and for this purpose shall 
have all tiie powers and privileges, and be subject to the 
duties, liabilities and restrictions, set forth in the General 
Statutes applicable to such corporations : provided that said Proviso, 
corporation shall not engage in the business of hotel or 
boarding-house keeping. 

Section 2. The capital stock of said company shall not capital. 
exceed two hundred thousand dollars, to be issued in shares 
of the par value of one hundred dollars each. 

Section 3. This act shall not go into effect until the sum conditionsof va- 
of one hundred thousand dollars of the capital stock shall ' "^° 
have been subscribed by responsil)le parties, and the sum of 
seventy-five thousand dollars paid into the treasury of said 
company. Approved March 23, 1863. 

An Act to authorize the town of Harwich to take stock in Chai). 104 

THE CAPE COD CENTRAL RAILROAD COMPANY. "' 

Be it enacted, ^'c, as follows : 

Section 1. The town of Ilarwich is hereby authorized to May hoid to 
subscribe for and hold shares in the capital stock of the thoTsand'douarsT 
Cape Cod Central Railroad Company, to the amount of forty 
thousand dollars, and to pay for the same out of the treasury 
of the town, and to hold the same as town projjcrty, subject 
to the disposition of the town, for puljlic purposes, in like 
manner as any other property which it may possess. 

Section 2. The said town of Harwich is hereby author- May raise money 
ized to raise by issuing its bonds, or by loan, or tax, any 



428 1863.— Chapter 105. 

suras of money which may be required to pay its instalments, 

or its subscription to said stock and interest thereon. 

Committee may SECTION 3. The Committee appointed by a vote of said 

shares"yo^ted, and towu of Harwich, to pctitiou this legislature, for the author- 

fo^f Tre'^-t'orfTf ^^Y gi'sutcd ui thc first and second sections of this act, are 

corporation. hereby authorized to subscribe, in behalf of said town, for 

the number of shares in the capital stock of said Cape Cod 

Central Railroad, as was voted by said town, at a meeting 

held on the thirteenth day of February, eighteen hundred 

and sixty-three ; and said committee are hereby further 

authorized to cast the vote of said town in the clioice of 

directors of said road at the first meeting of the stockholders 

Persons to be hcld for that purposc ; and thereafter the vote of said town, 

after, for ciioice in thc choicc of dircctors for said road, shall be cast by the 

of directors. persou Or persons said town may appoint. 

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

Approved March 24, 1863. 



Chap. 



105 An Act TO AUTHORIZE the town op Orleans to take stock in 

THE cape cod central RAILROAD COMPANY. 



Be it enacted, §*c., as follows : 



May hold to SECTION 1. Tlic towu of' Oi'lcans is hereby authorized to 
tv-five thousand subscHbe for, and hold shares in the capital stock of the 
dollars. Capc Cod Central Railroad Company, to the amount of 

twenty-five thousand dollars, and to pay for the same out of 
the treasury of the town, 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. 
May raise money SECTION 2. Thc said towu of Orloaus is hereby authorizcd 
to raise by issuing its bonds, or by loan or tax, any sums of 
money which may be required to pay its instalments or its 
subscriptions to said stock and interest thereon. 
fX^ribr "for Section 3. The committee appointed by a vote of said 
shares voted, and towu of Orlcans to pctitiou tliis legislature for the authority 
for directors. granted iu the first and second sections of this act, are hereby 
authorized to subscribe in behalf of said town for the number 
of shares in the capital stock of said Cape Cod Central Rail- 
road Company as was voted by said town at a meeting held 
on the fourth day of March, eighteen hundred and sixty- 
three ; and said committee are hereby further authorized to 
cast the vote of said town iu the choice of directors for said 
road at the first meeting of the stockholders called for that 
de8i"gnated°her^- P^rposc ; and thereafter the vote of said town in the choice of 



1S();3.— Chapters 106, 107. , 421) 

directors, shall ho cast by the person or persons said town aft.T, for choice 
may appoint. o. directors. 

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

Approved March 2i, 1803. 



Chap. 106 



An Act to incorporate the education society of the denom- 
ination CALLKD christians. 
Be it enacted, iVc, as follows: 

Section 1. Richard F. Fuller, John W. Haley, Benjamin corporators. 
F. Carter, their associates and successors, arc hereby made 
a corporation, for the purpose of holding and distributing purpo.se. 
funds to promote edncalion in the Christian denomina- 
tion ; with all the powers and privileges, and subject to all Privileges. 
the duties, liabilities and restrictions, set forth in the sixty- 
eighth chapter of the General Statutes. 

Section 2. The said corporation may take and hold real Reai and person- 
estate, not exceeding in value fifty thousand dollars, and *'^'*''^**'- 
personal property not exceeding in valne fifty thousand 
dollars, all of which shall be devoted to the purpose afore- 
said. Approved March 24, 1863. 

An Act authorizing the city of Springfield to construct x^? -i /-.« 

CERTAIN DRAINS. y^tlflp. iU / 

Be it enacted, §c., as follows: 

Section 1. The city council of the city of Springfield is May construct 
hereby authorized to construct one or more, but not exceed- "hree!from'^G"Lr^ 
ing three drains, leading from suitable points on Garden ^^'^^"j\^j^^j. '° 
Brook, in the central part of the city, to the Connecticut 
River, for the purpose of protecting private property and the 
streets of the city, from damage by water during seasons of 
freshet. 

Section 2. After the completion of any drain constructed upon completion 
under the provisions of this act, the city council shall, with de'^term^nr'diw- 
the assistance of a competent engineer, ascertain and deter- si?" of expense 

I. i/-.nii 11 With land owners. 

mme the extent of territory benefited thereby, and what 
portion of the expense thereof shall be borne by the city, 
and what portion by the owners of real estate : but not less proviso. 
than one-third part of the cost shall be borne by the city. 
A notice of such determination shall be published for two Notice to be pub- 
weeks successively, in the newspaper having the largest ^^^^^^<^- 
circulation in the city. 

Section 3. Any person aggrieved by the determination AsKrieved parties 
of the city council, either as to the division of expense j'J'^^ "pp^^ ^°' 
between the city and the owners of real estate, or as to the 
extent of territory over which it is proposed to distribute 
that part of the expense to be assessed uj)on owners of real 
estate benefited, may at any time within two months after 

17 



430 * 1863.— Chapter 107. 

the piiblicatioa of the notice aforesaid, apply for a jury. 
Manner of appii- yu ell apulicatiou sliall be made in like manner, and the 

cation and pro- I'l inii -i /• 

ceedings. proceeduigs tliereon shall be the same, as m the case oi a 

jury called to act npon the laying out and discontinuance of 

highways ; provided that, npon making his application, the 

party shall give two weeks' notice in writing to the mayor 

and aldermen, of his intention so to apply, and shall therein 

particularly specify his objections to the proposed division of 

expense, and to the extent of territory over which a portion 

of tlie expense is to be assessed ; to wliicli specification he 

Costs of hearing, sliall bc coufined upon the hearing before the jury. If upon 

how paid. ^jjg hearing, the objections to said determination are not 

sustained, the charges arising on such application sliall be 

objeptions being paid by tlic appHcaut, or person recognizing therefor; other 

crrmay determine wlsc tlicy sliall bc paid by tlic city, and the city council may, 

*°^"'- if necessary, determine anew the division of expense and the 

Failure to apply cxtcut of territory benefited by said drainage. Any person 

ri^ht"7f *app^e" wlio neglects to make application for a jury, as herein pro- 

from council. vidcd, sliall bc coiicluded by such determination of the city 

council, and shall not be entitled to recover, by an action at 

law, or otherwise, the amount of the assessment collected of 

him. 

Expense to be tiECTiGN 4. Aftcr two mouths from the final determina- 

own'e'rs'to bfas- ^^^u of the clty councll, as to the division of expense of any 

sessed in two dralii constructcd under the provisions of this act, and the 

justment. cxtcut of tcrHtory benefited thereby, that portion of the 

expense of said drain which is to be borne by the owners of 

real estate within the district adjudged to be benefited, shall 

be equitably and ratably assessed upon such owners by the 

board of assessors of the city, and shall be collected by the 

AssessiBents to city collcctor. Tlic assossmeiits SO made shall constitute a 

u°p°n'estote!"'° ^^^^^ upoii tlic real estate assessed, in the same manner as 

taxes are a lien upon real estate, and shall be collected in 

the manner provided by chapter twelve of the General 

Aggrieved party Statutcs, for tlic collectiou of taxes. But any person 

may ave rem- gggj-jgyg^j \^y i\^q amouut asscsscd to liim, shall be entitled 

to the remedies provided in sections forty-three, forty-four 

and forty-five of chapter eleven of the General Statutes. 

Landlord and SECTION 5. Whcu aiiy rcal estate to be assessed under 

trdetermTurdi- thc provislous of this act, is held by a tenant for life or 

vision of assess- years, the assessors shall determine how much shall be 

meat. J ^ 

assessed to the tenant, and how much to tlie landlord or 

reversioner, and shall assess the same accordingly. 

Drains to be held SECTION 6. Any drain constructed under the provisions 

as^^property o ^^ ^j^^^ ^^^^ sliall be licld to be tlic property of the city of 

Springfield, to be used, controlled, maintained and repaired, 



18()3.— CHArxERs 108, 109, 110. 4:U 

in the same manner as drains constructed wliull}' at the 
expense of the city. 

Section 7. This act shall take elTect upon its passage. 

Approved March l2i, 1803. 



4.CT RELATING TO THE LOCATION AND Q/k/u^ \{)^ 
)N OF HIGHWAYS. "' 



An Act in addition to an act 

altp:ration 

Be it enacted, tVc, as follows: 

The provisions of the act of the year eighteen hundred Application nf art 
and sixty-two, cliapter two hundred and three, shall not*' 
apply to any highway, town way or private way, located 
before the passage of said act, until sixty days after the 
expiration of the lime within which such way was ordered in 
such location to be constructed. Approved March 24, 1863. 

An Act concerning libels for divorce. Chat) 109 

Be it enacted, c^c, as follows: 

Section 1. Libels for divorce in all cases may be filed in Maybefiiedwith 
the office of the clerk of the supreme judicial court, in L^acauon. ^""^ 
vacation. 

Section 2. The clerk of said court may in vacation issue cierkmay is^ue 
any summons, and make any order, prescribed in the nine- der!"*^"^ ""^ "''' 
teenth section of chapter one hundred and seven of the 
General Statutes : provided, that the court or any judge Proviso. 
thereof, may cause such additional notice to be given as 

justice requires. Approved March 2i, 18Q^. 

An Act in addition to an act to incorporate the cape cod ni..^-. ]]() 

CENTRAL railroad COMPANY. 1 ' 

Be it enacted, ^'c, as follows: 

Section 1. The second section of an act approved March Location extend- 
twenty-eighth, eighteen hundred and sixty-one, entitled chat"ham!°"'° ''^ 
" An Act to incorporate the Cape Cod Central Railroad 
Company," is hereby so amended that said company may 
locate, construct and operate its road through the town of 
Chatham, in addition to the towns named in said section. 

Section 2. The third section of said act is hereby so increase of capi- 
amended that said company may increase its capital stock ^ *" """"^ ' 
fifty thousand dollars beyond the amount named in said 
section. 

Section 3. The time for organizing said company, for Time for con- 
filing the location of its road, and for constructing the same, edsixmonrhs"**' 
is hereby extended six months beyond the time allowed in 
the fourth section of said act. 

Section -1. This act shall take effect upon its passage. 

Approved March 26, 1863. 



432 



1863.— Chapters 111, 112. 



Chap. Ill 

Corporators. 

Title. 
Privileges. 



Location defined. 



Capital and 
shires. 



Real and person- 
al estate. 



Time for loca- 
tion and con- 
struction. 



An Act to ixcorpor.^te the avenham lake branch railroad 

COMPANY. 

Be it enacted, cVc, os follows : 

Section 1. Benjamin C. Raymond, Augustus N. Clark 
and William D, Northend, their associates and successors, 
are hereby made a corporation, by the name of The Wenham 
Lake Branch Railroad Company, 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. 

Section 2. Said company is hereby authorized to locate, 
construct and maintain a r^filroad, with one or more tracks, 
from some convenient point in the town of Beverly or Wen- 
liam, northerly of the North Beverly depot, so called, on the 
Eastern Railroad, to the land and ice-houses of Benjamin C. 
Raymond, near to Wenham Lake, so called ; and with the 
consent of the Eastern Railroad Company, to enter upon 
said Eastern Railroad, by proper turnouts and switches, and 
to use the same, or any part thereof, according to law. 

Section 3. The capital stock of said corporation shall 
not exceed one hundred shares, the number of which shall 
be determined from time to time, by the directors of said 
corporation ; and no assessments shall be laid thereon of a 
greater amount, in the whole, than one hundred dollars on 
each share ; and said company may purchase and hold such 
real estate and other property, as may be necessary for the 
use of said railroad, and for the transportation of ice over 
the same. 

Section 4. If the location of this road be not filed within 
one year, and if the said railroad be not constructed within 
two years from the passage of this act, then this act shall be 
void. 

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

Approved March 26, 1803. 



Chap. 112 



Corporators. 



Title. 



An Act to incorporate the American steam-ship company*. 
Be it enacted, §'c., as follows: 

Section 1. Edward S. Tobey, Amos A. Lawrence, James 
M. Beebe, their associates and successors, are hereby made 
a corporation by the name of The American Steam-ship 
Company, with all the powers and privileges, and subject to 
all the duties, liabilities and restrictions, set forth in the 
general laws which now are, or may hereafter be in force, 
relative to such corporations. 



1863.— Chapter 11:3. 4;]3 

Section 2. The said coini)aiiy are hereby autliorized and wuy buiid, pnr- 

d. 1 •! 1 1 1 i III 1 chase or charti-r 

to build, purchase, cliarter, hold and convey vessels, ana piy 

steam-ships, and navigate the ocean therewith, l)et\vcen any co'JImo"nweaith° 

port or ports in this Coimuonwcalth, and any port or ports ^^j i "j^^'j"''"" 

in the United Iviiiiidoiu of Great Britain and Ireland, with 

authority to touch at intermediate i)ort.s ; and said company ^i-y charter to 

. •■ !■ 1 • 1 • Others condition- 

may let, by charter, one or more oi their steamslups to any aiiy.anato u. .s. 

person, provided such charter does not prevent said com- tion. 
pany from complying with the terms of this act ; and said 
company may also, by charter, let any or all of their steam- 
ships to the United States of America, wdthoutany restriction 
as to the service in which said vessels may be emi)loyed. 

Section 3. The capital stock of said corporation shall not capital and 
exceed two millions of dollars, and shall be divided into 
shares of the par value of one hundred dollars each ; and 
'said corporation shall have power to assess, from time to 
time, upon such shares, such sums as may be deemed neces- 
sary to accomplish the object of said corporation, not exceed- 
ing the par value of such shares. 

Section 4. If said corporation shall not within one year conditions of va- 
from the passage hereof, have been organized, and have col- "^"^° 
lected assessments of not less than five per cent, on the 
capital stock, and shall not within two years from the pas- 
sage of this act have employed one steam-ship, and within 
three years two steam-ships, to navigate the ocean between 
some port or ports in this Commonwealth, and some port or 
ports in the United Kingdom of Great Britain and Ireland : 
or if said company shall thereafter wdiolly fail, unless pre- 
vented by war with foreign powers, for the period of one 
year to employ two steam-ships for said purposes, or if said 
company shall fail to comply with the other conditions of 
this act, then this act shall be null and void. 

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

Approved March 26, 1863. 

Ax Act coxcerxing the licexsixg of dogs. Chap. 113 

Be U. enacted, ^r., as follows: 

Any person becoming the owner or keeper of a dog not o^^n^T af te^r^ji"/ 
duly licensed, on or after the first day of May, shall cause i, of dog not n- 
said dog to be registered, numbered, described and licensed regiltotion*^and 
until tlie first day of the ensuing May, in tlie manner, and Mly%°nsu^ngr '** 
subject to the terms and duties prescribed in section fifty- 
two, chapter eighty-eight, of the General Statutes; and if 
he shall fail so to do, he shall forfeit ten dollars, to be 
recovered by complaint, to the use of the place wherein the 

dog is kept. Approved March 26, 1863. 



434 1863.— Chapters lU, 115, 116. 

Chup. 114 '^^ -^^^ ^*^ AUTHORIZE TOWNS TO PROVIDE FOR THE REMOVAL OF 
-' ' SNOW AND ICE FROM SIDEWALKS. 

Be it cnarted., Si'c , as Jollows : 

Having adopted SECTION 1. Towiis wluch liavG adopted or shall adopt 

provisions of Gen. , . . „ . i • i f i n 

Stats., may es- tliG provisions 01 sGCtioiis soveii aiid eight 01 chapter forty- 
enforce. ^^^^^ '° five of the General Statutes, may, at their annual town 
meetings, establish by-laws to provide for the removal of 
snow and ice, to such extent as they may deem expedient, 
from sidewalks which have been or shall be established, 
constructed or graded, in accordance with the provisions of 
said sections. 
By-laws to deter- SECTION 2. Said by-laws shall determine the time and 

mine time and /• i i i i • t 

manner of remov- manner 01 such reiuoval, and annex penalties, not exceed- 
aj and annex pen- ^^^ ^^^^ doUars, for cacli violatiou of their provisions by any 
owner or tenant of the estate abutting upon the sidewalk 
from which the snow and ice are required to be removed ;* 
and such penalties shall be recovered in an action of tort, 
in the name and to the use of the town. 

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

Approved March 26, 1863. 

Chan 115 "^^ '^^^ concerning bank bills. 

Be it enacted, Sfc, as follows: 

Act of I860 sus- Section 1. The operation of section seven, chapter two 
Aprir, -64."""^ hundred and nine of the acts of the year eighteen hundred 
and sixty, is hereby suspended until the first day of April, 
in the year eighteen hundred and sixty-four. 

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

Approved March 26, 1863. 

Chan. 116 ^^ -^^^ concerning the midland land DAMAGE COMPANY, AND TO 
^ ' CHANGE ITS NAME TO THE SOUTHERN MIDLAND RAILROAD COM- 

PANY. 

Be it enacted, ^'c, as folloics : 
Name chancred: SECTION 1 . Thc corporatiou established by tlic name of 
tifns'to"remainr the Midland Land Damage Company, shall hereafter be 
known by the name of the Southern Midland Railroad Com- 
pany, and by that name it may sue and be sued, and its rights 
and obligations shall remain the same as if its name had not 
been changed. 
Time for compie- SECTION 2. Thc timc witliiu whicli said corporation is 

tion ot road ex- -ii li-i -i i-i i ii i 

tended. recjuired to complete its railroad, is hereby extended to the 

first day of May, in the year eighteen hundred and sixty- 
five. 

In cise of sale of SECTION 3. Li casc there should be a sale of any portion 

portion of road „ . ., , j -i * • • x- .i ± c ^i 

under mortgage, 01 its railroad, undcr the provisions ot the mortgage oi the 
pSTse?"^ ""^^ Norfolk County Railroad Company, or under the provisions 



1863.— Chapter 117. 435 

of tlio mortiiajic of tlie Boston and Xew York Centrol Rail- 
road Company, said corporation is hereby authorized to 
purchase tiie same. 

Section 4. After the railroad of said corporation shall up;;;^,;'"^™;;;^^^^^^^^^^^ 
have been completed between its extreme terminal points, ton to south- 

1 1 !• 1 1 • 1 11 1 ■ i* bmlge, and iip- 

anil opened lor public use and travel throughout its entire provai by oom- 
liiie from Boston to Globe Village, in the town of South- porSrinayi^- 
bridgc, to the satisfaction and approval of three able and gl^l'lres"'^'^''''""^^ 
impartial commissioners, to be appointed by the governor, 
said corporation may issue at one time additional shares of 
the par value of one hundred dollars each, and divide the 
same pro rata among the stockholders of that date, and 
those who may become such by virtue of contracts or agree- 
ments with said corporations subsisting at tiie passage of 
this act: provided, //ojt'eL-er, that the whole number of shares Provisos: num- 
of said corporation shall not exceed forty thousand, and shall basia° define'a;' 
represent money actually expended in the construction of t",'jf„^' ^^ J"^"". 
said road, and that the whole number of shares subject to *ermined. 
the above limitation shall be determined by said commission- 
ers, after a full inquiry into the amount of money so 
expended, the amount of the indebtedness then existing, 
and the number of shares then already issued : and provided, Report of com- 
further, that no such additional shares shall be issued until published and 
the report of said commissioners, upon all the matters hereby f^^^'^^^e^^l} 
comiuitted to them, shall have been published once a week shares. 
for four successive weeks in some newspaper, to be named by 
said commissioners, printed in each of the counties wherein 
■ said road is located, nor until all the land damages remaining 
unpaid upon the entire line of said road shall be paid or 
secured by this corporation, as provided in the sixty-third 
chanter of the General Statutes. The compensation of said compensation of 

•• 1111/^111 1 M commisMoners. 

commissioners shall be lixed by the governor and council, 
and shall be paid by the said corporation. 

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

Approved March 28, 1863. 

An Act in addition to an act to regulate the fishery in the Chap. 117 

AGAWAM AND HALF-WAY POND RIVERS. * * 

Be it enacted, §"c., as follows : 

Section 1. The committees annually chosen by the towns committees of 
of Plymouth and Wareham, under the provisions of the wareh"m ""to 
eighty-ninth chapter of the acts of the year eighteen hun- fr^'oiVntn'^^tbeM 
dred and sixty, shall have a general superintendence and are qualified, 
control of the alewive and shad fishery in tlic Agawam and 
Half-way Pond Rivers, and in any pond or stream commu- 
nicating therewith, throughout the entire year for which they 



436 1863.— Chapter 118. 

are elected, and until other committees are chosen and 
qualified in their stead. 
Penalty for tak- SECTION 2. All pcrsons, cxccpting those who may be 
ircensefrom^com- cngagcd, wlth their agents, in taking said fish under the 
mittee. liccnsc of said committees, within the times limited by said 

committee, who shall take any of the fish called alewives or 
shad in any stage of their growth, at any time of the year, 
in either of said rivers, or in any pond or stream communi- 
cating therewith, shall forfeit and pay not less than five nor 
more than fifty dollars for each and every offence, to be 
recovered in the same manner and to the use of said towns, 
as is provided in the seventh section of the act herein first 
before referred to. 
Repeal. SECTION 3. All acts and parts of acts inconsistent with 

the provisions of this act are hereby repealed. 

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

Approved March 28, 1863. 



Chap. 



1 1 Q Ax Act in relation to the coast defences of Massachusetts. 
Be it enacted, Sfc, as follows : 
GoTernor and SECTION 1. The govcmor, by and with the advice and 
ctee""^ materiau conscnt of tlic council, Is authorizcd to expend any portion 
and devise meas- or tiie wliolc of the sum hereinafter appropriated, in the 
purchase or manufacture of ordnance, or in the building and 
equipping of iron-clad or other steamers, or in the erection 
of iron-clad or other fortifications, or in such other measures 
as the public exigencies may require for the defence of the 
May co-operate coast of ^[assachusctts ; aud he may enter into all such 
rrnment?" ^°^" arrangements with the general government as may be neces- 
sary for tlie better accomplishment of the object of this act, 
and for the reimbursement of any sums so expended. 
Cities and towns SECTION 2. The inhabitants of any town, and the city 
rv*^for'"'def"iTce^ couucil of aiiy city on the coast of Massachusetts, are hereby 
JoTerDor^Ind"*^ autliurized to raise money and expend the same in defending 
couucil. such city or town against the public enemies of the United 

States ; but no such expenditures shall be made without the 
approval of the governor and council, nor shall any thing be 
done under this act in contravention of the constitution and 
laws of the United States. 
Treasurer to issue SECTION 3. For thc purposc of meeting the expenses 
no"''may drV"' whicli may bc incurred under the first section of this act, 
not™ exoeecung " ^^^® trcasurcr of tlic Commonwealth is hereby authorized to 
$1,000,000. issue scrip or certificates of debt, in the name and on behalf 
of the Commonwealth, under his signature and the seal of 
the Commonwealth, to an amount not exceeding one million 
dollars ; and the same is hereby appropriated for the purpose 



18G3.— Chapters 119, 120. 437 

of pnying all liabilities incurred under the first section of 
tliis act ; and the governor is authorized, from time to time, 
to draw his warrant upon the treasurer for so much as may* 
be needed. 

Section 4. Such scrip or certificates of debt shall bear interest on porip 
interest not exceeding six per centum per annum, payable per'^centr'^and 
semi-annually on the first days of January and July in each toJ^e^^'on^pfece'^ 
year, and may be issued at such times and in pieces of such of $506 and over. 
amount as shall be fixed by the governor and council. All 
such scrip issued in pieces of five hundred dollars or over, 
shall have interest warrants attached thereto, signed by the 
treasurer. Scrip for smaller sums shall be issued without 
such warrants, but bearing interest payable semi-annually on 
presentation to the treasurer. Sucii scrip or certificates of scnp redeemable 
debt shall be redeemable in not less than ten, nor more than j°^J^" '° ^^'^^^ 
thirty years from the first day of July, eighteen hundred and 
sixty-three ; and the same shall be countersigned by the 
governor, and be deemed a pledge of the faith and credit of 
the Commonwealth. The treasurer may from time to time 
dispose of so much of the same as shall be required under 
the direction of the governor and council. 

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

Approved March 30, 1863. 

An Act to secure more equal taxation. ChaD 119 

Be it enacted, Sfc, as follows : 

Section 1. The twentieth section of the sixty-eighth corporations cov- 
chapter of the General Statutes shall be applicable to and ctT.lis'o/Gener^i 
deemed to include all corporations, whose stockholders are statutes. 
subject to taxation for the shares of the capital stock they 
own therein. 

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

Approved March 30, 18G3. 

Ax Act in addition to an act establishing the city of salem. Qhan 1 90 

Be it enacted, ^'c, as follows : 

Section 1. On the first Monday of January, annually, wardens and 
there shall be chosen by ballot in each of the wards of the be'^ehosen'o" first 
city of Salem, a warden, two assistant-wardens, and a clerk, ua°rj'!''^ °^ ''*°' 
who shall be qualified as soon after the day of said election 
as may be, and shall enter upon the duties of their respec- 
tive offices on the fourth Monday of January, and hold their 
offices for the term of one year thereafter and until others 
shall have been chosen and qualified in their places. 

Section 2. The ward clerk, within twenty-four hours certific't'sofeiec- 
after the day of such election, shall deliver to the persons wuh '° delivered^ 

18 



438 1863.— Chapter 121. 

and copy filed elected as warden, assistant-wardens and clerk, certificates 

with city clerk. i- ,i • i • Tin/.,-, ■ , . 

01 their election, and shall forthwith give to the city clerk a 

'certified copy of the record of such election. 

In case of absence SECTION 3. If at any Ward meeting in either of the wards, 

refusal to s'e'^^ve^ botli the Warden and clerk shall be absent, either of the 

™gSd!"^^ ^^ assistant-wardens may call the meeting to order and preside 

until a warden pro tempore shall be chosen ; and in case of 

the absence of all of said officers, the constable who returns 

the warrant to said meeting, may call the meeting to order 

and preside until a warden pro tempore shall be chosen by 

ballot ; and whenever any ward officer may be absent or 

neglect or refuse to perform his duties, his office shall be 

filled pro tempore, by ballot. 

i^ep«ai- Section 4. All the provisions of an act establishing the 

city of Salem, and the acts additional thereto, inconsistent 

Act in force when hcrcwith, are hereby repealed. This act shall take effect 

accepted. . ' i j i • ^^ r- • ^ • 

upon its acceptance by the city council oi said city. 

Approved March 30, 1863. 

Chap. 121 An Act to incorporate the Springfield horse railroad 

COMPANY. 

Be it enacted, ^'c, as follows: 

Corporators. SECTION 1. Cliestcr W. Chaplu, George Bliss, Henry 

Alexander, junior, their associates and successors, are 

Title. hereby made a corporation by the name of The Springfield 

Horse Railroad Company, with power to construct, main- 
tain and use a railway, with convenient single or double 

Location. tracks, from such point or points on Main Street, in the 

city of Springfield, as shall be from time to time fixed by 
the city council of said city, with the assent, in writing, of 
said corporation, filed in the office of the city clerk of said 
city ; then upon and over such street or streets, and such 
highway or highways, as shall be designated by a vote of 
the city council of said city. 

Conditions of SECTION 2, The corporation hereby created, in crossing 

crossing tracks ni, iV , ip - -ii 

of other com- all the brauchcs and lateral tracks oi any other railroad 

panies. compauy, shall cross in such a manner as not to injure any 

of the said tracks or branches, and the rails thereof, and 
shall insert no frogs therein, and make no incisions into the 
rails thereof without the consent of said company. 

Jlte'of'spred.'""^ Section 3. Said tracks or roads shall be operated and 
used with horse-power only. The city council of the city 
of Springfield shall have power, at all times, to make all 
such regulations as to the rate of speed and mode of use of 
the tracks, as the public safety and convenience may require. 

Highways occu- SECTION 4. Said corporation shall keep and maintain in 

pied, corporation . • p , , i 

to maintain and rcpau" sucli portion 01 thc strccts and highways respec- 



1863.— Chapter 121. 439 

tivclv, as shall be occuiiied In^ their tracks, and shall be be nabie for in- 

i.,i- , .. 1. i* juries from its 

liable for any loss or injury that any person may sustain, „e|,i,.ct or mis- 

by reason of any carelessness, neglect or misconduct of any cond'ctofageuts. 

of its auents and servants in the management, construction 

or use of said roads, tracks or highways ; and in case any 

recovery shall be had against said city of Springfield, by 

reason of such defect or want of repair, said corporation 

shall be liable to pay to said city of Springfield any sums 

thus. recovered against said city, together with all costs and 

reasonable expenditures, incurred by said city in the defence 

of any such suits, in which recovery may be had ; and said Limitation of 

•/ ' J 1/ 1 • 1 use. 

corporation shall not use any ])ortion of the streets or high- 
ways not occupied by said road or tracks. 

Section 5. If any person sliall wilfully and maliciously obstructing cor- 

1 ., ''}.■. /»i Til poration punisti- 

obstruct said corporation in the use oi said road or tracKs, abie by fine or 
or the passing of the cars or carriages of said corporation i«P"sonment. 
thereon, such person, and all who shall be aiding or abet- 
ting therein, shall be punished by a fine not exceeding five 
hundred dollars, or by imprisonment in the common jail for 
a period not exceeding three months. 

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

Section 7. The capital stock of said corporation shall cap'tai- 
not exceed one hundred thousand dollars, to be divided into shares. 
shares of one hundred dollars each. 

Section 8. Said corporation shall have power to pur- Reai estate. 
chase and hold such real estate within said city of Spring- 
field, as may be convenient or necessary for the purposes 
and management of said road. 

Section 9. The said road shall be constructed and main- construction and 

. - . , , maintenance ot 

tamed in such lorm and manner, and npon sucli grade as road, city coun- 
the city council of said city of Springfield may in their " 
votes, fixing and determining the routes thereof, as afore- 
said, prescribe and direct; and whenever in the judgment Alteration of 
of said corporation it shall be necessary to alter the grade ^™'^^' 
of any street so occupied by it, such alteration may be made 
at the expense of said corporation : provided^ the same ProTiso. 
shall be assented to by the city council of said city of 
Springfield. 

Section 10. Nothing in this act shall be construed to control ofhiph- 
prevent the city council of said city from entering upon pailtyafflmed. 
and taking up any of the public streets or highways trav- 



440 



1863.— Chapter 121. 



Discontinuanoe 
of road after 
one year au- 
thorized. 



City of Spring- 
field, after ten 
years, may pur- 
chase franchise 
and property. 



Acceptance of 
act and construc- 
tion of road. 



Annual returns. 



Land damages. 



ersed by said railroad, for any purpose for which they may 
now lawfully take up the same. 

Section 11, At any time after the expiration of one 
year from the opening for nse of the tracks of said railroad 
in any street or road in which the same shall be located, as 
provided by its charter, the city council of the city of 
Springfield may determine that the same, or any part there- 
of, be discontinued ; and thereupon the location shall be 
deemed to be revoked, and the tracks of said railroad shall 
forthwith be taken up and removed, in conformity with the 
order of said city council of the city of Springfield ; and 
such taking up and removal shall be at the expense of said 
railroad corporation. 

Section 12. The city of Springfield may, at any time 
during the continuance of the charter of said corporation, 
and after the expiration of ten years from the opening of 
any part of said road for use, purchase of said corporation 
all the franchise, property, rights and furniture of said 
corporation, by paying therefor such a sum as will reim- 
burse to each person who shall then be a stockholder therein, 
the par value of his stock, together with a net profit of ten 
per cent, per annum from the time of the transfer of said 
stock to him on the books of the corporation, deducting the 
dividends received by said stockholders thereon. 

Section 13. This act shall be void, so far as relates to 
the right to construct said road in said city of Springfield, 
unless the same shall be accepted by the city council of said 
city of Springfield, and unless the same shall be accepted 
by said corporation, and unless two miles of said road shall 
be located and constructed within two years from the 
passage of this act. 

Section 14.' Said corporation shall be deemed a railroad 
corporation, so far as to be subject to make such annual 
returns to the legislature as are or may be prescribed by 
law ; and also so far as to be subject to all existing provisions 
of law for the assessment and payment of damages for the 
land outside of the streets and highways taken by them for 
tracks, and to all general provisions of law that are or may 
be prescribed relative to horse or street railroads. 

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

Approved March 30, 1863. 



18()3.— Chapters 122, 123. 4-il 

Ax Act to ruoiiiniT citiIcs and towns from making im.kcjal (^/j^,.^ p22 

AlTUOriUATlONS OK MONKY, AM) TO PUNISH OFFICERS TIIKKEOF ^ " 

FOR UNLAWFUL PAYMENT OF THE SAME. 

Be it enacted, ^'c, as follows : 

Section 1. No city or town shall vote or appropriate any Appropmtionsin 

X. . f, , .,.' ' ^ . c behalt of dnifted 

money to relieve or discharge trom the military service oi persons declared 
the United ^^tatcs any ])crson who shall be called or drafted ^'"'*- 
into such service under or by authority of the act of 
congress, entitled "An Act for enrolling and calling out the 
National Forces, and for other purposes," approved on the 
third day of March, in the year one thousand eight hundred 
and sixty-three ; and every such vote and appropriation 
shall be void and of no effect. 

Section 2. No city or town officer shall pay or disburse Town officer not 

. , . -^ , . , 1 • . 1 • • , to pay public 

any money m his custody or possession belonging to lus city money therefor, 
or town, to relieve or discharge from the military service of except asTutuo- 
the United States, any person who shall be called or drafted nzecibyiaw. 
into such service under or by authority of the aforesaid act 
of congress ; nor shall any city or town officer pay or dis- 
burse any money in his custody or possession belonging to 
his city or town, for any bounty or other gratuity to any 
volunteer or other person who has been or shall be enlisted 
or drafted into the military service of the United States, 
except for such bounties and aid as are authorized by exist- 
ing laws ; and every payment or disbursement by any city 
or town officer, in violation of the provisions of this act, shall 
be deemed to have been made by him in his own wrong, and 
he shall be held to account for the same to his city or town. 

Section 3. Any city or town officer who shall offend Penalty, 
against the provisions of this act shall, upon conviction 
thereof, be punished by a fine not exceeding two thousand 
dollars, or by imprisonment, not exceeding two years, in the 
jail or house of correction. 

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

Approved March 31, 1863. 

An Act TO incorporate the trustees of the boston college. Chap. 123 
Be it enacted, ice., as follows : 

Section 1. John McElroy, Edward H. Welch, John corporators. 
Bapst, James Clark, and Ciiarles H. Stonestreet, their asso- 
ciates and successors, are herel^y constituted a body corpo- 
rate I)y the name of the Trustees of the Boston College, in Titie. 
Boston, and they and their successors and such as shall be 
duly elected members of such corporation, shall be and ^|^*''^*'^ perpetu- 
remain a body corporate by that name forever : and for the Trustees may 
orderly conducting the business of said corporation the said «'«'=' necessary 



442 1863;— Chapter 123. 

officers and de- trustees sliall liavG powGi' and authority from time to time, 

Clare duties. . • , i ^ • t j. • -i^ 

as occasion may require, to elect a president, vice-president, 
secretary, treasurer, and such other officers of said corpora- 
tion as may be found necessary, and to declare the duties 
May remove tras- and tcnurcs of their respective offices, and also to remove 
cancy." any trustee from the same corporation, when in their judg- 

ment he shall be rendered incapable by age or otherwise, of 
discharging the duties of his office, or shall neglect or refuse 
to perform the same, and also from time to time to elect 
Proviso. new members of the said corporation : provided, neverlhe- 

fess, that the number of members shall never be greater than 
ten. 
May determine Hection 2. Tlic Said corporatioii shall have full power 
a^^^manner"of and authority to determine at what times and places their 
officers from time meetings shall be holden, and the manner of notifying the 
to time, ''^ti^d^- trustees to convene at such meetings, and also from time to 
tenures, salaries^ time to clcct a president of said college, and such professors, 
tutors, instructors and other officers of the said college, as they 
shall judge most for the interest thereof, and to determine 
the duties, salaries, emoluments, responsibilities and tenures 
Corporation may of tlicir scvcral officcs : aud tlic said corporation are further 

own buildings, es- i . ■ ^ i i • ■ i 

tabiish rules and cmpowcred to purchasc or erect and keep in repair, such 
ernmrnt*^°o'f ^c°ou liouscs and Other buildings as they shall judge necessary for 
lege, and confer the sald collcge I aud also to make and ordain, as occasion 
may require, reasonal)le rules, orders and by-laws, not repug- 
nant to the constitution and laws of this Commonwealth, 
with reasonable penalties for the good government of the 
said college, and for the regulation of their own body ; and 
also, to determine and regulate the course of instruction in 
said college, and to confer such degrees as are usually con- 
ferred by colleges in this Commonwealth, except medical 
Proviso. degrees : provided, nevertheless, that no corporate business 

shall be transacted at any meeting unless one-half, at least, 
of the trustees are present. 
May have corpo- SECTION 3. Said corporatiou may have a common seal, 
rate seal. wliich tlicy may alter or renew at their pleasure, and all 

deeds sealed with the seal of said corporation, and signed 
by their order, shall, when made in their corporate name, be 
May sue and be considered ill law as the deeds of said corporatioii ; and said 
corporation may sue and be sued in all actions, real, personal 
or mixed, and may prosecute the same to final judgment 
and execution by the name of the Trustees of Boston College ; 
May hold be- qjj^j g^^jd corpoi'atioii shall be capable of taking and holding 

quests, etc., in ... "^ , , • r. , , i • 

fee simple. in ICC Simple or any less estate by giit, grant, bequest, devise 

or otherwise, any lands, tenements, or other estate real or 



1S(;;].— C'livrTKR l'2L 443 

personal : prorirird, that the clear annual income of the same ivoviao. 
t>hall not exceed thirty thousand dollars. 

Suction 4. The clear rents and profits of all the estate, itpnts and profits 
real and personal, of which the said corporation shall be seized ["Ju^orcoi''- 
and possessed, shall be aj)j)roi)riated to the endowments of ''-•ee- 
said college in such manner as shall most etfectually promote 
virtue and piety, and learning, in such of the languages and 
of the liberal and useful arts and sciences, as shall be recom- 
mentled from time to time by the said corporation, they win of donor to 
conforming to the will of any donor or donors in the appli- 
cation of any estate which may he given, devised or be- 
queathed, for any particular ol»jcct connected with the 
college. 

Section 5. No student in said college shall be refused Religious opm- 

, . . 1-1 1' A\ • •! 1 ions to be no bar 

admission to, or denied any oi tlie privileges, honors or to admission of 
degrees of said college on account of the religious opinions **'"^''"'- 
he may entertain. 

Section 6. The legislature of this Commonwealth may LegiRiature may 
grant any further powers to, or alter, limit, annul or restrain "o^poration^ln'd 
any of the powers vested by this act in the said corporation, appoint overseers. 
as shall be found necessary to promote the best interests of 
the said college, and more especially may appoint overseers 
or visitors of the said college, with all necessary powers for 
the better aid, preservation and government thereof. 

Section 7. The granting of this charter shall never be charter not to be 
considered as any pledge on the part of the Commonwealth fu'tureaid.*' ^^ ° 
tiiat pecuniary aid shall hereafter be granted to the college. 

Approved April 1, 1863. 



Ax Act to AUTnoiuzE the commkncement of certain actions 

I5EIOKE the COUUTS AND JUSTICES OF THE PEACE OF THIS 



Chap. 124 

COMMONWEALTH. 

Be it enacted, Sfc, as follows : 

Section 1. The United States and any collector thereof, Government of 

1 1 , . 1 • , /- , 1 ^ f U.S. and collec- 

appointed under or by authority ot the act of congress, tors thereof, m^iy 
entitled '' An Act to provide internal revenue to support the ortax '^or^o^ 
government and to pay interest on the public debt," approved fe'ture. 
on the first day of July, in the year one thousand eight 
hundred and sixty-two, and the acts in addition thereto or 
in amendment thereof, may commence actions before the 
supreme judicial court, superior court, the several police 
courts, and justices of the peace, of this Commonwealtli, for 
the recovery of any tax, duty, fine, penalty or forfeiture, 
imposed or incurred under or by virtue of said acts of 
congress; and the several courts and justices of the peace 
aforesaid shall respectively have jurisdiction of all such 



444 1863.— Chapters 125, 126. 

actions, in like manner and to the same extent as they now 
have of other personal actions. 

Section 2. This act shall take effect ^lpon its passage. 

Approved April 4, 1863. 

.^i ^ ^_ Ax Act relating to writs of scire facias from police courts 
Lyfldp. i^O ^jjj) JUSTICES of the peace. 

Be it enacted, ^'c, as follows : 
Execution leTied SECTION 1. Whenever an execution issued by a police 
deemed*^ insuffi- court or justicc of the peace has been levied on real estate, 
cient maybe su- aii(j affej. the execution is returned or recorded, it appears 
to the creditor that the estate levied on, or any part tiiereof, 
cannot be held thereby, the creditor may sue out, before the 
same police court or justice of the peace from which the 
execution issued, a writ o? scire facias to tlie debtor, requir- 
ing him to appear and show cause, wliy another execution 
should not be issued on the same judgment ; and like 
proceedings may be had, as to the issuing of another execu- 
tion and the levy thereof, as is provided in similar cases in 
sections twenty-two and twenty-three of chapter one hundred 
and three of the General Statutes. 
Title to estate be- SECTION 2. If it appcars by tlic plcadiugs or otherwise, 
feft to "bf note'd in such action, that the title to real estate is concerned or 
and case removed brouffht lu Questiou, thc fact, if it docs not appear by the 

to superior court O ,111 i 1 n 11 111 

for adjudication, pleadiugs, shall DC statcd on tlie record, and the case shall, 
at the request of either party, be removed to the superior 
court, in the manner now provided for the removal of 
actions involving the title to real estate ; and shall be there 
heard and determined and execution may be issued for the 
amount found due, in like manner as if the original judg- 
ment had been obtained in said court. 

Approved April 4, 1863. 



Chap. 126 



An Act in relation to school books. 
Be it enacted, ^'c, as follows: 
Change may be SECTION 1. lu any city iu wliicli the school committee 
with'^commiuees couslsts of morc tliau eighteen persons, a change may be 
eighteen *'^'"' made in the school books used in the public schools in such 
city, by a majority of the whole committee, at a legal meet- 
ing of said committee. Notice of such intended change 
shall be given at a previous meeting thereof. 

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

Approved April 4, 1863. 



1863.— Chapter 127. 445 

Ax Act kklatixg to prosecutions for the maintenance of Q/ku) \21 

BASTARD CHILDREN. "' 

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

Section 1. Police courts and iustices of the peace may iiearinBmaybe 

P ,. ... xi 1 • c 1 • i. foiitmufa and 

continue trom tune to tune the liearuig ot any complauit bona taken for 
pending helbre them founded on the seventy-second chapter a"u"er''^ °^ 
of the General Statutes, and may take a bond from the 
accused in a sufficient sum and with sufficient surety or 
sureties to the complainant, for the appearance of the 
accused before the court or justice at any hearing of the 
complaint at any subsequent time to which the same may 
be continued, and from time to time until the final disposi- 
tion of the complaint before the court or justice, and not 
depart without leave. 

Section 2. If the accused shall not appear before the Failure to appear, 
court or justice at any time to which the hearing of the out^ieavl'tocaiise 
complaint is continued, or shall depart without leave, his gupe'rioi couTt^ '^ 
default shall be recorded, and the bond with a copy of the 
complaint and warrant and also a copy of the record of the 
court or justice in the case shall be transmitted to the supe- 
rior court in the same county, where the complaint shall be 
entered and proceeded with in accordance with the provi- 
sions of said seventy-second chapter regulating the mode of 
proceedings in like cases in the superior court; and if the Bondtobesecu- 
accused shall be adjudged by the court, on a final hearing ance wUhTrde'r 
of the complaint, to be the father of the child of which he °f "=°"'''' 
is accused, the bond shall be security for the performance 
by him of any order of the court under the seventh section 
of said chapter. 

Section 8. The surety in a bond given under the provi- ^"^ety may sur- 

-_ .•'„. ° , '. render principal 

sions ot the first section oi this act may surrender the prin- and release bond. 
cipal to the police court or justice of the peace before whom 
the complaint is pending, or if the complaint is pending 
therein, to the superior court at any term thereof, and in 
case of such surrender, the bond shall be void, and eitlier of , 
said courts or justice, to whom the surrender is made, may Newbondmaybe 
order a new bond to be taken from the accused with suffi- 
cient surety or sureties, and the accused shall stand com- 
mitted until he gives such new bond : provided, hoivever^ proviso. 
that if the surrender is made in the superior court, the new 
bond shall be for the appearance of the accused to answer 
to the complaint in said court and abide the order of the 
court thereon. 

Section 4. When a police court or justice of the peace upon require- 
shall require the accused to give bond under the fourth sec- "rTefauit of ac- 
tion of said seventy-second chapter, or when the accused ^"*'"^' "°'^" 

19 



446 



1863.— Chapters 128, 129. 



sections and in shall make default, as mentioned in the second section of 

case named, ,. ,,i j',-ip i i i- 

complainant to tlus act, tlic court or justicc Dciore whom tlie complanit was 
notfce. ^""''° made shall, before the next term of the superior court in 
the same county, if the complaint was made by the woman 
entitled to make the same under the first section of said 
chapter, send written notice, by mail or otherwise, to the 
person authorized to make the complaint under the second 
section of said chapter, that such complaint has been made 
and that the accused has been required to give bond, or has 
made default, as the case may be. 
Police courts may SECTION 5. The trial of complaints mentioned in this 

have jurisdiction i i j i r- i- ^ ^ ■^^- f • • 

at any sitting, act may 06 liad beiore a police court when sittmg tor crimi- 
nal or civil business. Approved April 4, 1863. 



Chap 



Minor may be 
sent to Farm 
School in New 
Bedford. 



Expense, how de 
termined & paid 



190 Ax Act concerning truant children in dukes county. 
Be it enacted, §'c., as follows: 

Section 1. Any minor convicted under the provisions 
of the two hundred and seventh chapter of the acts of the 
year eighteen hundred and sixty-two, in Dukes county, may 
be sentenced and confined in the farm school, so called, in 
the city of New Bedford, in the county of Bristol, in the 
same manner as if the same was in Dukes county. 

Section 2. Any town in Dukes county from which any 
minor may be sentenced as aforesaid, shall pay to the city 
of New Bedford, for the support of every person so con- 
fined, the sum of two dollars for each and every week such 
person may remain at said school. 

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

Approved April 4, 1863. 

Chat). 129 ^^ ^^^ •'^ addition to an act to establish the city of 
^' newburyport. 

Be it enacted, ^'c, as follows : 

Overseers of poor SECTION 1. The qualified voters of the city of Newbury- 

to be chosen. . p^^j-^ ^^ their rcspcctive annual ward meetings, sliail elect at 
large, by ballot, three persons to be overseers of the poor ; 
and the persons thus chosen shall constitute the board of 

Duties defined, overscers of the poor: said board of overseers shall quar- 
terly, on or before the fifth days of March, June, September 
and December in each year, make returns to the city council 
of the names of all those who have received assistance from 
the city, for any portion or the whole of the quarters ending 
on the last days of the months immediately preceding said 
returns, with the amount received by each. All supplies 
shall be purchased, and all aid dispensed in such manner as 
the city council may direct. 



1863.— Chapters LSO, 131. 447 

Skction 2. The major, president of the common council, Board of auditors 
and the city treasurer, shall constitute a board oi' auditors, 
whose duty it shall be to examine all the accounts, acts and 
doings of the said board of overseers, and shall annually, on 
or before the first Monday of December, make a report to 
the city council, of all such matters relating to all disburse- 
ments by said board of overseers, whether as trustees under 
the wills of Margaret Atwood and Timothy Dexter, or 
otherwise, as they may deem the public good to rc(iuire. 

Section 3. So much of the two hundred and ninety-sixth Repeal. 
chapter of the acts of the year one thousand eight hundred 
and fifty-one, and of all other acts as is inconsistent here- 
with, is hereby repealed. 

Section 4. This act shall be void unless the inhabitants Act Toid unless 
of the city of Newburyport, at a legal meeting called for ^'^'^"^ 
that purpose within ninety days after the passage of this act, 
shall by a vote of a majority of the voters present and voting 
thereon, yea or nay, by a written ballot, determine to adopt 
the same. Approved April 4, 1863. 

An Act concerning the election of town officers. Char). 130 

Be it enacted, Sj'c, as follotcs : 

Section 1. The election of moderator and town officers 1^'*'^/^^^'" *° •^^^^' 
heretofore made at the annual town meetings in the several 
towns in the Commonwealth, in the year eighteen hundred 
and sixty-three, so far as the same may appear illegal, for 
the reason that the check-list was not used in the said elec- 
tion, is hereby ratified and confirmed, and the same shall be 
taken and deemed good and valid in law, to all intents and 
purposes whatsoever. 

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

Approved April 4, 1863. 

An Act relating to drawbridges in railroads. Chap. 131 

Be it enacted, §"c., as follows : 

Section 1. Every railroad corporation having one or observance of 

mlch 6Dioincd( 

more drawbridges in its passenger tracks shall make and 
enforce, and every engineer of a passenger train and super- 
intendent of such drawbridge shall observe the rules and 
regulations provided in this act, in addition to those pro- 
vided in chapter sixty-three of the General Statutes. 

Section 2. Every such drawbridge shall be kept closed Rnd^es to be 

II.. i-i r> I ii c closed except, 

at all times, except while open lor the actual passage oi &c. 
vessels, and except on Sundays. 

Section 3. Every such drawbridge shall be furnished signals, how dia- 
with conspicuous day and night signals, which shall be dis- ^^^* ' 



U8 



1863.— Chapter 131. 



Erection of gates. 
constructiou pre- 
scribed. 



If not erected, 
trains to be slop- 
ed within certain 
distance of draw. 



Proviso. 



Penalties for 
neglect and vio- 
lations. 



Forfeitures re- 
covered. 



Act, when in 
force. 



played at all times in such manner as clearly to indicate to 
the engineer of an approaching train the position of the 
draw, whetlier open or closed. 

Section 4. The corporation may erect, at a distance of 
five hundred feet from every such drawbridge, or at such 
other distance as may, on application of the corporation, be 
prescribed by the county commissioners of the county where 
the same is located, and on each side thereof, a substantial 
gate, so constructed, and connected with the draw by suit- 
able mechanism, that the draw, when in position for the 
passage of trains, cannot be opened or moved until the gates 
have been closed across the track, in such manner as to be 
a barrier and warning to any train approaching in either 
direction. 

Section 5. If any such drawbridge is not furnished 
with gates as provided in section four, and in all cases when, 
by reason of darkness or otherwise, the gates or signals con- 
nected with any such drawbridge are not visible from the 
engine of an approaching passenger train, the engineer of 
such train shall bring the same to a full stop, at a distance 
of not less than three hundred nor more than eight hundred 
feet from such drawbridge, and shall, before proceeding, 
positively ascertain that the draw is properly closed for the 
passage of trains : provided, however, that when such draw- 
bridge is between two railroad crossings at grade within six 
hundred feet of each other, one stop only shall be required 
for such crossings and drawbridge. 

Section 6. Every railroad corporation neglecting to 
comply with the provisions of this act, shall forfeit the sum 
of one hundred dollars for each day such neglect is con- 
tinued ; and any engineer, or superintendent of a draw- 
bridge, violating any of the provisions of this act, or any 
rule or regulation established in conformity thereto by the 
corporation by which he is employed, shall forfeit the sum 
of one hundred dollars for each offence. Said forfeitures 
may be recovered upon complaint or indictment in the 
county where the offence is committed, to the use of the 
complainant. 

Section 7. This act shall take effect on the first day of 
May next ; and all acts and parts of acts inconsistent here- 
with are hereby repealed. Approved April 4, 1863. 



1863.— Chapter l;3-J. 449 

Ax Act coxcKUxiNG the someuville house kailkuad comi-any. nhf,~. 100 
Be it enacted, ^t., as follows : 

Skction 1. The Somcrvillc Horse Railroad Company is Authorized to cx- 
hercby authorized and empowered, with the eoiisent of the '''"' '^"^""^ ' 
seleetmen ot" the town of k^omerville, to extend its raihoad 
from its track, as now laid down in Milk Street, in said 
Somerville, to Bridge Street, near Miller's Creek, in East 
Cambridge ; thence through Bridge Street, in East Cam- 
bridge, to the track of the Cambridge Railroad Comj)any ; 
and to enter upon and use the tracks of the said Caml)ridge 
Railroad Company, and the tracks of the Suffolk Raili'oad 
Company, in such mode and upon such rates of compensa- 
tion, as may be agreed by the parties. But the said Somer- rveguiations, &c. 
yille Horse Railroad Company shall be subject to all such 
regulations as said board of selectmen may make, touching 
the location of its tracks between the aforesaid terminal 
points, the mode of using said tracks, and the rate of speed 
thereon, and to all the liabilities imposed upon the Somer- Liabmties. 
ville Horse Railroad Company, as set forth in the two hun- 
dred and fiftieth chapter of the acts of the year eighteen 
hundred and fifty-seven, and the several acts therein referred 
to ; and this act shall be void unless accepted by the select- 
men of the town of Somerville. 

Section 2. Said Somerville Horse Railroad Company Mayors tracks 
may cross the tracks of the Fitchburg Railroad and the Gra^nrjunct'on 
tracks of the Grand Junction Railroad at Milk Street, in Railroads. 
Somerville, on a level therewith, but without inserting frogs, 
and without interfering with the frogs already located or 
projected in the tracks of said last named companies ; and 
said crossing shall be at an angle with the said Fitchburg 
Railroad of not less than sixty degrees : provided, hoivever, proviso, 
that in case the county commissioners for the county of 
Middlesex, upon application of either of the companies 
named in this section, or of the selectmen of Somerville, 
within three months from the passage of this act, shall 
determine that the public safety requires said Somerville 
Horse Railroad to pass over said Fitchburg Railroad and 
Grand Junction Railroad by a bridge, then said crossing 
shall be so constructed and established as said county com- 
missioners may prescribe and determine. 

Section 3. The Somerville Horse Railroad Company Cambridge Raii- 
shall have no authority to use its motive-power upon the dmw over^'us^ 
tracks of the Cambridge Railroad Company, without the somerviiiTco^ 
consent of said company, but said Cambridge Railroad Com- 
pany shall, at reasonable times, and for a reasonable com- 
pensation, draw over its tracks the cars and passengers of 



450 



1863.— Chapters 133, 134. 



Disagreements 
of corporations 
to be detfr- 
niineJ bj' com- 
missioners ap- 
pointed by S.J. 
Court . 



Con.'truction — 
conditions pre- 
scribed. 



Chap. 



May increase cap- 
ital to $500,000. 



Inconsistent pro- 
\isions repealed. 



Chap. 



May increase 

$500,000. 



Proviso. 



Powers. 



said Somerville Horse Railroad Company ; and if said cor- 
porations cannot agree upon the stated periods at which the 
cars shall be so drawn, or the compensation to be paid 
therefor, the supreme judicial court shall, upon the applica- 
tion of either party, appoint three commissioners, who, after 
due notice to the parties interested and hearing the same, 
shall determine such rate of compensation, and fix such 
periods, having reference to the public use and convenience ; 
and the award of the commissioners, or a major part of 
them, shall be binding upon the respective parties for the 
term of one year, and until other commissioners in like 
manner appointed, shall make a new award. 

Section 4. In case the Somerville Horse Railroad Com- 
pany does not construct the railroad authorized by this act 
within one year, the Cambridge Railroad Company shall 
have power to construct said railroad, subject to the pro- 
visions of this act so far as the same are applicable. 

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

Approved April 4, 1863. 

|QQ An Act in addition to an act incorporating the east cam- 
bridge LAND COMPANY. 

Be it enacted, ^'c, as follows: 

Section 1. The capital stock of the East Cambridge 
Land Company may be increased to an amount not exceed- 
ing five hundred thousand dollars, divided into shares of 
one hundred dollars each. 

Section 2. So much of the third section of chapter sixty- 
two of the acts of the year eighteen hundred and sixty-one, 
as is inconsistent herewith, is hereby repealed. 

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

Approved April 4, 18(33. 

23^ An Act to increase the capital stock of the east boston 

wharf company. 

Be it enacted, S^'c, as follows : 

Section 1. The East Boston Wharf Company is hereby 
authorized to increase its capital stock by adding thereto a 
sum not exceeding five hundred thousand dollars, to be 
divided into shares according to the original charter : /?ro- 
vided, that no shares shall be issued for a less sum than one 
hundred dollars each. 

Section 2. Said company is hereby authorized to pur- 
chase, take and hold, to itself, its successors and as.signs, 
and to use as may be necessary and convenient to carry on 
the business for which said company was incorporated, all 
or any part of that real estate in East Boston lying between 



18();3.— Chapters 135, 13G. 451 

the northerly line of the premises now owned by said com- 
pany and tlie southerly line of the Carlcton estate, so called. 

Section o. Chapter one hundred and six of the acts of Repoai. 
the year eighteen hundred and sixty-one, is hereby repealed. 

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

Approved April 4, 1863. 

Ax Act concerning the winnisimmet company. Chap. 135 

Be it enacted, ^'c, asfollotcs: 

Section 1. The Winnisimmet Company is hereby author- May increase cap- 
ized to increase its capital stock, five hundred thousand dol- '^^i «50o,ooo. 
lars, for the purpose of purchasing additional real estate 
adjoining its present property : provided, hoiverer, that ]io Proviso. 
shares in the capital stock hereby authorized shall be issued 
for a less sum, to be actually paid in on each and every 
share, than the par value of the shares already issued. 

Section 2. In case said company shall purchase the May change 
property of the Gary Improvement Company, it shall then ^^^^' 
change its name, and thereafter be called the Winnisimmet 
and Cary Company ; and as such shall be subject to all the Liability. 
obligations and liabilities of said companies, severally, at 
the time of such purchase. 

Section 3. This act shall not take effect until it has when to take ef- 
been accepted by a vote of two-thirds of the stockholders of ^'^'^'" 
each of said companies, present and voting at meetings 
called for that purpose. Approved April 6, 1863. 



Chap. 136 



con- 
tliout 



An Act to amend and continue in force an act incorporat- 
ing the merrimac steam navigation company. 
Be it enacted, ^c, as follows : 

Section 1. The act of the year one thousand eight hiin- corporation 
dred and forty-seven, incorporating the Merrimac Steam limitation of 
Navigation Company, shall be continued in force from and ''"*"■ 
after the expiration of the term of twenty years therein 
named. 

Section 2. Said corporation is hereby authorized to May increase cap 

•i. -i 1 i. 1 . i. i. T ital to .SVo.OOO 

increase its capital stock, to an amount not exceeding 
seventy-five thousand dollars, to be divided as named in 
said act ; and also to take such steps as may be found iieces- Purpose. 
sary to render the Merrimac River navigable between the 
ocean and the entrance to the Essex Company's Canal in 
Lawrence, by removing or otherwise overcoming rocks and 
sandl)ars now obstructing the free and safe navigation of said 
river ; and to purchase and hold such real estate, and to build 
and own such wharves, canals, locks or landings within said 
limits as may be deemed necessary or proper for the purposes 



452 



1863.— Chapters 137, 138. 



of navigation, and for the transportation of merchandise or 
Proviso. passengers upon said river : JO /"o?;zV/ef/, that said corporation 

shall have no right under this act to interfere with any pri- 
vate rights, or to do any thing which may render said river 
less navigable to the public than it now is. 

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

Appraised April 6, 1863. 

Ax Act relating to the boston penny savings bank. 
Be it enacted, ^'c, as follows : 
Time for organiz- Tlic time for Organizing the Boston Penny Savings Bank 
is hereby extended one year. Aj^proved April 6, 1863. 



Chap. 137 



ing extended. 



Chap. 138 



Corporators. 



Title. 

Powers and priy- 



Purpose. 



Capital and 
shaves. 



An Act to incorporate the united states steam-ship company. 
Be it enacted, ^'c, as follows : 

Section 1. Silas Pierce, Jacob Sleeper, James H. Beal, 
their associates and successors, are hereby made a corpoi'a- 
tion by the name of the United States Steam-ship Company, 
with all the powers and privileges, and subject to all the 
duties, liabilities and restrictions, set forth in the general 
laws, which now are or may hereafter be in force, relating 
to such corporations. 

Section 2. Said company are hereby authorized and 
empowered to build, purchase, hold, charter and convey, 
one or more steam-ships or steam-propellers, and navigate 
the same between any port or ports in this Commonwealth 
and the British Provinces, with liberty to touch at interme- 
diate ports ; also between any port or ports in this Com- 
monwealth and other ports in the United States, or in the 
Gulf of Mexico, with liberty to touch at any port in the 
West India Islands: 7)roy/(/f?c?, said ship or ships shall not 
ply between the port of Boston and the ports of Philadel- 
phia, Baltimore, Charleston, Savannah and New Orleans, or 
either of them. And said company may let by charter, one 
or more of their steam-ships or propellers to any person, 
provided such charter does not prevent said company from 
complying with the terms of this act : and said company 
may also by charter, let any or all of their steam-ships or 
propellers to the United States of America, without any 
restriction as to the service in which said vessels may be 
employed. 

Section 8. The capital stock of said company shall not 
exceed two millions of dollars, and shall be divided into 
shares of the par value of one hundred dollars each ; and 
said corporation shall have power to assess, from time to 
time, upon said shares such sums as may be deemed neces- 



18(5:3.— Chapters 1:39, UO. 453 

sary to acconipHsli the object of said corporation, not 
exceeding the jiar value of such shares. 

Section 4. If said corporation sliall not within one year Act void unless, 
from the passage of this act, have been organized, and have 
collected an assessment or assessments amounting to ten per 
cent, on their capital stock, and shall not within one year 
from the passage hereof, have placed in service one or more 
steam-ships or propellers for the purposes of said company; 
or if said company shall thereafter, for the period of one 
year, wholly fail to use one or more steam-ships or propel- 
lers for the purposes aforesaid, unless prevented by war with 
foreign powers, then this act shall be null and void. 

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

Approved April G, 1863. 
Ax Act concerning the state reform school and the nautical Qfifny^ 139 

BRANCH thereof. ^ ' 

Be it enacted, S^c, as foUotcs : 

Section 1. Sections seventeen, eighteen, twenty-one and General statutes 
twenty-six, of chapter seventy-six of the General Statutes, 
shall apply to boys between the ages of eleven and eighteen 
years, instead of under the age of sixteen years, as therein 
limited. 

Section 2. No boy shall be committed to the state reform Ages for commit. 
school, unless he is between the ages of eleven and fourteen *^^°^^°y^- 
years, nor to the nautical branch thereof, unless he is 
between the ages of fourteen and eighteen years. 

Section 3. Any notice or summons required by said service of notice 

1, .• Til 11 ill or summons. 

chapter seventy-six, need not be served by a constable or 
other person, if the party to whom the same is directed 
waives in writing the service thereof ; and so much of said 
section twenty-one, as requires notice of the proceedings to 
be given, is hereby repealed. Approved April 6, 1863. 

An Act in relation to the sale of milk. Chat). 146 

Be it enacted, Sfc, as folloivs : 

Section 1. Whoever buys or sells milk bv any other Penalty for using 

, ,, ,, IT " "'.-,■,. measures not 

measures, cans or vessels, than those sealed as provided ui sealed. 
the one hundred and fiftieth section of the forty-ninth chap- 
ter of the General Statutes, shall for one violation pay 
twenty dollars, and for a second and each subsequent 
violation, fifty dollars. 

Section 2. Whoever adulterates, by water or otherwise, Penalty for sen- 
milk to be sold in this state, or being recorded in the books muk**^"^'*"'** 
of the inspector as a dealer in milk, conveys from place to 
place, or knowingly sells or causes to be sold adulterated or 

20 



454 1863.— Chapters 141, 142., 143. 

unwholesome milk, shall for one violation pay twenty dollars, 
for a second violation pay fifty dollars, and for any subse- 
quent violation, be imprisoned in the house of correction not 
Employees held Icss than thirty uor more than ninety days ; and whoever, 
responsible. -^^ ^j^^ employment of another, knowingly violates any pro- 
vision of tins section, shall be held equally guilty with the 
principal, and suffer the same penalty or punishment. 
Publication of Section 3. It shall be the duty of the inspector to cause 
convictions. ^^-^^ name and place of business of all persons convicted 
under the preceding section, to be published in two news- 
papers printed in the town or county where the offence may 
have been committed. 
Repeal. SECTION 4. So much of scctiou ouc hundred and fifty- 

one, of the forty-ninth chapter of the General Statutes, 
inconsistent herewith, is hereby repealed. 

Approved April 6, 1863. 



Chap. 141 



Chap. 142 

Ward limits 
be changed. 



An Act authorizing the town of milford to purchase real 

estate for a public park. 
Be it enacted, ^"c, as follows : 

Section 1. The town of Milford may purchase and hold 
real estate within the limits of said town, not to exceed in 
value at the time of purchase, the sum of fifteen thousand 
dollars, to be used as a public park or common. 

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

Approved April 8, 1863. 

An Act relating to the city of fall river. 
Be it enacted, ^r., as follows: 

Ward limits may SECTION 1. The city couucil of the city of Fall River 
may, during the current year, alter the wards of said city, 
so that each ward shall contain as nearly as conveniently 
may be, an equal number of legal voters, and thereafter 
revise and alter said wards and increase their number, as 
provided in the third section of the original charter of said 
city. 

When to take ef- SECTION 2. The aforcsaid alteration of said wards shall 
take effect at the next annual municipal election after the 
same shall have been made. 

Repeal. SECTION 3. All acts and parts of acts inconsistent with 

this act are hereby repealed. Approved April 8, 1863. 

Chap. 143 -^^ -^^^ concerning certain offences committed on the lord's 

■^' DAY. 

Be it enacted, Sj'c, as follows: 
Penalty. SECTION 1. Scctiou ouc, chapter eighty-four, of the Gen- 

eral Statutes, is hereby so far amended that the offences 



1863.— CuArxER 144. 455 

iiamod tlioroin sliall be punished each by a fine not exceed- 
iuii: fifty doUars. 

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

Approved April 10, 1863. 

Ax Act concerning elections in cities. Chat) 144 

Be it enacted, Sfc, as follows : 

Section 1. In all elections held within the cities of the J'aiiots after be- 
Commonwealth, whether the same shall be for United States, reconied/shaiibe 
state, county, city or ward officers, it shall be the duty of by «4rdofficer ^ 
the warden, or other presiding officer, to cause all ballots 
which shall have been given in by the qualified voters of 
the ward in which such election has been held, and after 
the same shall have been sorted, counted, declared and 
recorded, to be secured in an envelope, in open ward meet- 
ing, and sealed with a seal provided for the purpose ; and Endorsement 
the warden, clerk, and a majority of the inspectors of the 
ward, shall endorse upon the envelope for what offices and 
in what ward the ballots have been received, the date of the 
election, and their certificate that all the ballots given in by 
the voters of the ward, and none other, are contained in 
said envelope. 

Section 2. The warden, or other presiding officer, shall Transmission to 

_ y r^ (D ~ city clerk* 

forthwith transmit the ballots sealed as aforesaid to the city 

clerk, by the constable in attendance at said election, or by 

one of the ward officers other than the clerk; and the clerk custody of seai. 

shall retain the custody of the seal, and deliver the same, 

together with the records of the ward and other documents, 

to his successor in office. 

Section 3. The city clerk shall cause to be furnished to cuy cierk to fur- 
the clerks of the several wards a seal of suitable device, the ^^ 
design of which shall include the number or designation of 
the ward for which it shall be furnished. He shall receive shaii retain bai- 
and retain in his care the ballots transmitted to him, for the ^°'^ *^^" 
space of not less than sixty days ; if within the time pre- Proceedings in 
scribed by law for forwarding returns or declaring the ous^etur™.'"' 
results of an election, ten or more citizens of any ward 
shall notify the city clerk, by a written statement, that they 
have reason to believe that the returns of the ward officers 
are erroneous, and shall specify wherein they deem them in 
error, the said clerk shall receive such statement, and shall 
notify the board of aldermen, or the committee thereof 
appointed to examine the returns of said election ; and the 
board of aldermen, or their committee, shall, within the 
time required by law for examining the returns or 
declaring the results of the election, examine the ballots 



456 



1863.— Chapter lU, 



thrown in said ward and determine the questions raised ; 
they shall then re-seal the envelope, either with the seal of 
the city or a seal provided for the purpose, and shall endorse 
upon said envelope a certificate that the same has been 
opened and re-sealed by them in conformity to law ; and the 
ballots sealed as aforesaid shall be returned to the city 
clerk, who upon their certificate shall alter and amend such 
returns as are found to be erroneous, and such amended 
Ballots, on notice rctum shall staud as the true return of the ward. And if 

of intention to ..i • • , j n ^ i- i ■ ^ 

contest election, withiu sixty days 01 an election, any person who received 
how long retain- yotes for any office at said election shall serve upon the city 
clerk, by himself, his agent, or attorney, a written notifica- 
tion claiming an election to such office, and delaring an 
intention to contest the right of any person who has received 
or who may receive a certificate of election for the same, 
the city clerk shall retain such ballots, sealed as aforesaid, 
subject to the order of the body to which such person shall 
claim to have been elected, or until such claim shall have 
been withdrawn or finally decided. 
mfZ whe^vo'l Section 4. Whenever in any election the right of any 
ter is chauenged. person offering to votc is challenged for any cause recog- 
nized by existing laws, it shall be the duty of the warden 
or presiding officer, if the person challenging shall so 
demand, to require the person so offering to vote to write 
his name and residence upon the ballot so offered and cha'- 
lenged, and the warden or presiding officer shall add thereto 
the name of the person challenging the same, and the cause 
assigned therefor, before such ballot shall be received ; and 
if such ballot shall be offered sealed, the writing as afore- 
said may be upon the envelope covering the same, and the 
warden or other presiding officer, in the presence of the 
clerk and at least one inspector, shall mark and designate 
such ballot by writing thereon the name of the person by 
whom it was cast, before it is counted ; and at the close of 
the election the same shall be returned to the envelope in 
which it was deposited : provided, that nothing contained 
in this section shall be so construed as to permit ward offi- 
cers to receive any vote which by existing laws they are 
required to refuse. 

Section 5. If any city clerk shall wilfully neglect or 
refuse to comply with any of the requirements of this act, 
he shall be punished by a fine not exceeding two hundred 
dollars. And if any warden or other presiding officer, con- 
stable, or ward officer as aforesaid, shall wilfully neglect or 
refuse to comply with the provisions of this act, he shall be 



Proviso. 



Penalties for wil- 
ful neglect. 



18G3.— CiiArxER U5. 457 

punished by a fine of not less than twenty, or more than two 
hundred doHars, or by imprisonment in the county jail for a 
term not exceeding cue year. Approved April 13, 1863. 

Ax Act making APrROPRiAxioxs fok p:xpenses of the state (JJiq^j ]^45 

almshouses; hospital at RAINSFOUD I8LAND ; SUPPORT AND -* ' 

relief of state lunatic paupers ; REFORM SCHOOL AT WEST- 
BOROUGH AND NAUTICAL BRANCH THEREOF; AND FOR OTHER 
PURPOSES. 

Be it enacted, Sec, asfolloics: 

Section 1. The sums hereinafter mentioned are appro- Appropriations 
priated, and shall be allowed and paid out of the treasury '^^ °"'"' ' 
of this Commonwealth, from the ordinary revenue, for the 
purpose of meeting the current expenses of the institutions 
hereinafter named, and for other purposes, to wit : 

For state almshouse at Tewksbury, a sum not exceeding Almshouses. 
forty-six thousand four hundred dollars, *"" ^ ^^^' 

For state almshouse at Monson, a sum not exceeding Monson. 
thirty-six thousand dollars. 

For state almshouse at Bridgewater, a sum not exceeding Briagewater. 
thirty-five thousand dollars. 

For hospital at Rainsford Island, the sum of three bun- Hospital, uains- 
dred and forty-one dollars and ninety-six cents, for deficien- 
cies for the year eighteen hundred and sixty-one, and eighteen 
hundred and sixty-two : and for current expenses and repairs, 
a sum not exceeding twenty thousand dollars. 

For the support and relief of state lunatic paupers in Lunatic paupers, 
state hospitals, a sum not exceeding one liundred thousand 
dollars. 

For the current expenses of the state reform school for Reform schooi, 
boys at Westborough, a sum not exceeding thirty-five thou- '^'»"«°'«^p«"«««- 
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 cities and towns, for the support 
of boys in said school, shall be paid into the treasury of the 
Commonwealth ; and no money appropriated by this act 
shall be expended by the trustees of said school to pay for 
improvements at said institution. 

For the current expenses of the nautical branch of the Nautical Branch, 
state reform school, a sum not exceeding twenty-one thou- 
sand four hundred dollars : and all sums received by said 
institution from cities and towns, for the support of boys in 
said nautical branch, shall be paid into the treasury of the 
Commonwealth. 

For the payment of expenses incurred for repairs on nepairs, Tewks- 
Tewksbury aliu'^house, occasioned by tlie explosion the past ^^^^' 
year, a sum not exceeding three thousand and seventy dol- 



458 1863.— Chapters 146, 147, 148. 

lars fifteen cents in addition to the balance of appropriation 
Bridgewater. for said almsliousc the past year. For building a barn at 
Bridgewater almshouse, a sum not exceeding twenty-five 
hundred dollars. 

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

Approved April 13, 1863. 

Chat). 146 "^^ ^^^ RELATING TO THE PROBATE COURT IX THE COUNTY OF 
-^ ' NANTUCKET. 

Be it enacted, §'c., as folloivs : 

Time of holding. SECTION 1. The probatc court for the county of Nan- 
tucket shall be held on the Thursday next after the second 
Tuesday of every month. 

Repeal. SECTION 2. So much of the thirty-sixth section of tlie 

one hundred and seventeenth chapter of the General Stat- 
utes as is inconsistent with this act, is hereby repealed. 

Section 3. This act shall take effect upon the first day 
of May next. Approved April 13, 1863. 

Chap. 147 -^N Act to LEGALIZE CERTAIN MARRIAGES, AND FOR OTHER 

PURPOSES. 

Be it enacted, Sfc, as folloios : 

wm. Brodhead SECTION 1. William Brodhcad, of New Bedford, in the 

head. °" ' '^° couuty of Bristol, and Ann C. Brodhead, who is now and 

has heretofore been reputed his wife, arc hereby declared to 

be husband and wife, to all legal intents and purposes. 

And William H. Brodhead, the son of said William and 

Ann C, is hereby declared to be the legitimate son of his 

said parents, to all legal intents and purposes. 

Reuben Burgess. SECTION 2. Reubcu Burgess, of Dcnuis, iu the county of 

H0D6 13urs6ss< o / ' v 

Barnstable, and Hope Burgess, who is now and has hereto- 
fore been reputed his wife, are hereby declared to be husband 
and wife, to all legal intents and purposes. 

Section 3. The bonds of matrimony heretofore existing 
between said Reuben Burgess and Ann C. Brodhead, are 
hereby dissolved. 

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

Approved April 13, 1863. 

Chat) 148 ^^ -^^^ concerning life INSURANCE. 

Be it enacted, ^c, as follows: 
Companies who.'^e Whcu the actual fuuds of any life insurance company 

liabilities exceed ,.,. • ,i • r~i 1,1 , n ii 

funds, to discon- douig busuicss u\ tlus (Jommonwealth are not oi a net cash 

^ -nssueofpoi- yj^j^Q equal to its liabilities, counting (as such,) the net 

value of its policies according to the rule of valuation 

adopted in chapter one hundred and eighty-six of the acts of 

the year eighteen hundred and sixty-one, it shall be the 



tinuei 



18G3.— CiiAFTEiis 1-19, 150. 459 

duty of the insurance commissioners to give notice to such 
company and its agents, to discontinue issuing new ])olicics 
within this Commonwealth until such time as its funds have 
become equal to its liabilities, valuing its policies as afore- 
said. And any oflicel* or agent who shall, after such notice Penalty for iosu- 

1 1 • 1 c •* r 1 1 1 1 i -i '"K ''^'<''" notice 

lias been given beiore its lunds have become equal to its from commission- 
liabilities as aforesaid, issue a new policy from and on behalf"' 
of such company, shall be subject to the penalty })rovided in 
chapter lit'ty-eight, section seventy-seven, of the General 
Statutes. Approved April 13, 1863. 

An Act in relation to the city of new bedfokd. Chop. 149 

Be it enacted, ^'c, as follows: 

Section 1. The. acts of the city council of the city of Acts of city coun- 
New Bedford, in relation to the election, in October last, of" 
a mayor to fill the vacancy occasioned by the death of the 
honorable Isaac C. Taber, are hereby confirmed. 

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

Approved April 13, 1863. 

An Act to protect the south beach in the toavn of edgar- Chan. 150 

town. 
Be it enacted, S^'c, as follotvs : 

Section 1. If any person shall unlawfully, wilfully and Penalty for wii- 
maliciously, break down, open or cut through, or attempt so " '^™*°'*' 
to do, the beach known by the name of the South Beach, 
adjoining the Great Pond, in the town of Edgartown, fortlie 
purjjose of letting off the water of said (^reat Pond, into the 
ocean, every such offender shall, on conviction, be punished 
by a fine of not less than one hundred dollars, and not more 
than one thousand dollars, or by imprisonment in the house 
of correction, not less than one month, nor more than one 
year, or both. 

Section 2. Every breach made or attempted to be made Breach attempt- 
in said beach, unless done under authority of the commis- malicious. "^^""^ 
sioners provided for in the act for the incorporation of the 
proprietors of Mattakesset Creek, passed the twenty-fourth 
day of June, in the year seventeen hundred and eighty- 
three, shall be deemed to be maliciously and unlawfully 
m.ide. 

Section 3. All fines that shall bo recovered under this Fines. 
act shall inure, one-half to the complainant, and one-half to 
the Commonwealth. 

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

Approved April 13, 1863. 



460 



1863.— Chapters 151, 152. 



Chap. 151 



Corporators. 



Pririleges. 



Real and person- 
al estate. 



An Act to incorporate the boston irish American benevolent 

SOCIETY. 

Be it enacted, ^'c, as follmvs : 

Section 1. Patrick Fennelly, Samuel Hopkins, Patrick 
Pratt, their associates and successors, are hereby made a 
corporation, by the name of The Boston Irish American 
Benevolent Society, for the purpose of benefiting the condi- 
tion of their members in time of sickness, and by other 
charitable assistance, with all the powers and privileges, and 
subject to all the duties, liabilities and restrictions, set fortli 
in the sixty-eighth chapter of the General Statutes. 

Section 2. Said corporation may take and hold real 
estate not exceeding ten thousand dollars, and personal 
property not exceeding five thousand dollars, for the pur- 
poses aforesaid. 

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

Approved April 14, 1863. 



Chap. 152 



Corporators. 



Title. 



An Act to incorporate the southbridge and palmer rail- 
road company. 

Be it enacted, ^'c, as follows : 

Section 1. Oliver S. Sanford, of Boston, Ebenezer D. 
Ammidown, of Southbridge, Newton S. Hubbard, of Brim- 
field, their associates and successors, are hereby made a 
corporation by the name of the Southbridge and Palmer 

PriTiieges. Railroad Company, 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 of this Commonwealth. 

Location. SECTION 2. Said company is hereby authorized and 

empowered to construct a railroad, with one or more 
tracks, from some point in the town of Southbridge near 
the Hamilton Woollen Mills, connecting there with the 
Southern Midland Railroad ; thence through the towns of 
Southbridge, Sturbridge, Brimfield and Monson, to some 
convenient point of junction with the Western Railroad, in 
the town of Palmer, and connecting therewith, not interfer- 
ing with the depot arrangements or depot grounds at said 
Palmer. 

Capital stock and SECTION 3. The Capital stock of said company shall con- 
sist of not more than six thousand and five luindred shares, 
the par value of which shall be one hundred dollars each, 
the number of which shall be fixed and determined, from 
time to time, by the stockholders ; provided that they fix 
and determine not less than five thousand shares in all. 

Estate gai(j company may purchase and hold such real and per- 



18G3.— Chapter 153. 461 

sonal estate as may be necessary for the purpose for wliicli 
it is incorporated. 

Section 4. Said corporation is hereby aiitliorizcd to May cross cereain 
cross with its railroad at grade tlie twa streets at Globe 
Village, in Sonthbridge, the highway near Blanchard's Mills, 
so called, in Palmer, and also the road about one-fourth of 
a mile easterly of Palmer Station, on the Western Rail- 
road. 

Section 5. This act shall be void unless the said rail- Act to be accept- 
road is located within two years, and constructed within 
four years from tlie passage of this act. 

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

Approved April 14, 1863. 



CJiap. 153 



Ax Act in addition to an act to establish the city of new 

BEDFORD. 

Be it enacted, cS'c, as follotcs : 

Section 1. The inhabitants of the city of New Bedford cuy continued a 

111 • 1 11 !•• 1 11 body politic. 

shall contniue to be a body politic and corporate, under the 

name of the city of New Bedford, and as such shall have, 

exercise and enjoy, all the rights, immunities, powers and lights, immuni- 

])rivileges, and shall be subject to all the duties and obliga- ' 

tions, now incumbent upon and appertaining to said city as 

a municipal corporation. 

Section 2. The administration of the fiscal, prudential, GoTemment: 

1 ..,.,„. n • 1 •■ 1.1 i. mayor, aldermen 

and municipal atiairs ot said city, and the government and council, 
thereof, shall be vested in one principal officer, to be styled 
the mayor ; one council of six, to be denominated the board 
of aldermen ; and one council of twenty-four, to be denomi- 
nated the common council: which boards in their joint 
capacity, shall be denominated the city council, and the 
members thereof shall be sworn to the faithful performance 
of the duties of their respective offices. xV. majority of each Quorum. 
board shall constitute a quorum for the transaction of busi- 
ness ; and no member of either board shall receive any compensation. 
compensation for his services. 

• Section 8. The meetings of the citizens for the election Election of city 
of municipal officers shall be held on the first Monday of ° 
December, annually ; and the said officers so chosen shall 
hereafter enter upon the duties of their respective offices on 
the first Monday of January, annually, and shall hold their Tenure of office. 
said offices for the term of one year thereafter, and until 
others are chosen and qualified in their stead, except the 
assessor at large and the members of the school committee, 
who shall severally hold their respective offices for three 

21 



462 



1863.— Chapter 153,. 



Division into 
wards. 



Election of ward 
officers ; to be 
chosen annually. 



Oaths, how ad- 
ministered. 



Warden, duties 
of. 



Clerk and inspec- 
tors. 



Warrants for 
meetings, how 
issued. 



years from the first Monday of January succeeding their 
election. 

Section 4. It shall be the duty of the city council, and 
they are empowered during the year eighteen hundred and 
sixty-five, and in every tenth year thereafter, to cause a new 
division of the city to be made into six wards, in such man- 
ner as to include an equal number of voters in each ward as 
nearly as conveniently may be, consistently with well defined 
limits to each ward ; and until such division be made, the 
boundary lines of the wards shall remain as now established. 

Section 5. On the first Monday in December, annually, 
there shall be chosen by ballot, in each of the wards of the 
city of New Bedford, a warden, clerk, and three inspectors 
of elections, who shall be different persons, residents of the 
ward in which they are cliosen, whose term of office shall 
commence on the first Monday in January next ensuing, 
and they shall hold their offices for one year thereafter, and 
until others have been chosen and qualified in their stead ; 
and the warden, clerk and inspectors, before entering upon 
their duties, shall, respectively, make oath faithfully and 
impartially to discharge their several duties, relative to all 
elections ; which oath may be administered by the city 
clerk to the warden, and by the warden to the ward clerk or 
inspectors, or to either or all of said officers, by any justice 
of the peace for the county of Bristol. A certificate that 
said oath has been taken shall be entered upon the records 
of the ward by the clerk thereof. 

It shall be the duty of such warden to preside at all ward 
meetings, with the powers of moderator of town meetings ; 
and if, at any such meetings, the warden shall be absent, 
the clerk, and in case of the absence of the clerk, any 
inspector, shall preside, according to seniority of age, until 
a warden pro tempore shall be chosen. 

The clerk shall record all the proceedings, and certify the 
votes given, and deliver over to his successor in office, all 
such records and journals, together with all other documents 
and papers held by him in said capacity. It shall be the 
duty of the inspectors of elections to assist the warden in 
receiving, sorting and counting the votes. 

All warrants for the meetings of the citizens for muuicipil 
purposes, to be held either in wards or in general meetings, 
shall be issued by the mayor and aldermen, and shall be in 
such form, and shall be served, executed and returned, at 
such time, and in such manner as the city council may, by 
any by-law, direct. 



1863.— CiiArxER 153. 463 

Section G. The nia3'or and six alderiueii, one alderman Election of may- 
beiiig selected from each ward, shall be elected by the qaal- co'uuc1ime'n° "'"* 
ified voters of the city at lar^e, voting in' their respective 
wards ; and four common councilmen shall be elected from 
and by the voters of each ward, being residents in the wards 
when elected : all said officers shall be chosen by ballot. 

Section 7. On the first Monday in December, annually, proceedings at 
the qualified voters in each ward shall give in their votes for «''^<^"""''- 
mayor, aldermen and common councilmen, as provided in 
tlie preceding section : all the votes so given, shall be 
assorted, counted, declared and registered, in open ward 
meeting, by causing the names of persons voted for, and the 
number of votes given for each, to be written in the ward 
record at length: the clerk of the ward, within twenty-four certificates. 
hours after such election, shall deliver to the persons elected 
meml)ers of the common council, certificates of their election, 
signed by the warden and clerk and by a majority of the 
inspectors of elections, and shall deliver to the city clerk, a 
copy of the records of such election, certified in like manner: 
jfroi'ided, however^ that if the choice of members of the Proviso, 
common council shall not be effected on that day, the meet- 
ing may be adjourned from time to time to complete such 
election. 

Section 8. The board of aldermen shall, as soon as Returns to be ex- 

■ 1 1 • ,1 • !• xi ^ 1} amiued andniay- 

COnVeniently may be, examme the copies oi the records of or eiect notified. 

the several wards, certified as aforesaid, and shall cause the 

j)erson.who shall have been elected mayor, to be notified in 

writing of his election ; but if it shall appear that no person Failure to elect o 

has received a plurality of the votes, or if the person elected pro"eediny*in * 

shall refuse to accept the office, the board shall issue its ''^^' 

warrants for a new election, and the same proceedings shall 

be had in all respects, as arc herein before provided for the 

choice of mayor, and repeated from time to time until a 

mayor shall be chosen. 

Section 9. After the organization of the city govern- ch.airman boar 

, •/ C5 of jilciprniGii to DC 

ment and the qualification of a mayor, and when a quorum chosen. 
of the board of aldermen shall be present, said board, the Du«es and pow- 
mayor presiding, shall proceed to choose a permanent chair- 
man, who shall, in the absence of the mayor, preside at 
all meetings of the board, and at conventions of the two 
branches ; and, in case of any vacancy in the office of mayor, 
for any cause, he shall exercise all the powers, and perform 
all the duties of the said office, as long as such vacancy 
shall continue ; and he shall always have a vote in the 
board. 



464 



1863.— Chapter 153. 



Vacancy in office 
of mayor, how 
filled. 



Vacancies in 
board of al- 
dermen. 



Oath of mayor. 



Convention of 
members elect, 
for purpose of 
organization. 



Proceedings in 
case of failure 
to elect mayor. 



Common council, 
orsanization. 



Absence nf mayor 
elect. 



Records. 



In case of the decease or resignation of the mayor, or of 
his inability to perform the duties of his office, the boards 
of aldermen and common council shall, respectively, by 
vote, declare that a vacancy exists, and the cause thereof; 
whereupon the two boards shall meet in convention, and 
elect a mayor to fill such vacancy ; and the mayor, thus 
elected, shall hold his office until the inability causing the 
vacancy shall be removed, or until a new election. 

If it shall appear that the whole number of aldermen 
have not been elected, the same proceedings shall be had as 
are herein before provided in regard to the office of mayor. 
Each alderman shall be notified in writing, of his election, 
by the mayor and aldermen for the time being. 

The oaths prescribed by this act may be administered to 
the mayor by the city clerk, or by any justice of the peace 
for the county of Bristol. 

The aldermen and common councilmen elect shall, on the 
first Monday of January, at ten o'clock in the forenoon, 
meet in convention, when the oath required by this act shall 
be administered to the members of the two boards present, 
by the mayor, or by any justice of the peace for the county 
of Bristol ; and a certificate, setting forth that such oath 
has been taken, shall be entered in the journals of the 
mayor and aldermen and of the common council, by their 
respective clerks. 

Whenever it shall appear that a mayor has not been 
elected previously to the said first Monday of January, the 
mayor and aldermen, for the time being, shall make a record 
of that fact, an attested copy of which the city clerk shall 
read at the opening of the convention, to be held as afore- 
said, on the first Monday of January. 

After the oaths have been administered, as aforesaid, the 
two branches shall separate, and the common council shall 
be organized by the choice of a president and clerk, to hold 
their offices during the pleasure of the common council ; 
the clerk to be under oath faithfully to perform the duties 
of his office. In case of the absence of the mayor elect, on 
the first Monday of January, tlie city government shall 
organize itself in the manner herein before provided, and 
may proceed to business in the same manner as if the mayor 
were present ; and the oath of office may at any time there- 
after, in convention of the two branches, be administered 
to the mayor, and any member of the city council who may 
have been absent at the organization. Each board shall 
keep a record of its own proceedings, and judge of the 
election of its own members. 



1863.— CiiAi'TER 153. 465 

Section 10. The mayor shall be tlic cliicf executive duHcs of mayor, 
officer of the city : it sliall be his duty to be viuihuit and 
active in causing the hiws to be enforced, and to keep a 
general supervision over the conduct of all subordinate olfi- 
cers ; and he may, whenever the pul)lic good may require, 
remove, with the consent of the appointing f)Ower, any 
officer over whose appointment he has, in accordance witli 
the provisions of this charter, exercised the power of nomi- 
nation. 

He may call special meetings of the board of aldermen 
and common council, or either of them, when, in his 
opinion, the interests of the city require it, by causing 
notices to be left at the usual dwelling-place of each mem- 
ber of the board or boards to be convened. 

He shall, from time to time, communicate to both boards 
such information, and recommend such measures, as the 
business and interests of the city may, in his opinion, 
require. 

The mayor when present, shall preside in the board of 
aldermen, and in convention of the two branches, but shall 
have a casting vote only. 

The mayor shall be compensated for his services by a salary of mayor. 
salary to be fixed by the city council, payable at stated 
periods, which salary shall not exceed the sura of fifteen 
hundred dollars annually ; and he shall receive no other 
compensation : but such compensation shall not be increased 
or diminished during the year for which he is chosen. 

Section 11. The executive power of said city, generally. Executive power. 
and the administration of police shall be vested in the mayor 
and aldermen, as fully as if the same were herein specially 
enumerated. 

The mayor and aldermen may require any person who Bonds may be re- 
may be appointed a marshal or constable of the city, to ^il.r'^bf may'or 
give bonds, with such security and to such amount as they andawermen. 
may deem reasonable and proper ; upon which bonds the like 
proceedings and remedies may be had as are by law provided 
in case of constables' bonds required by the selectmen of 
towns in this Commonwealth. 

All sittings of the mayor and aldermen (when they are sittings to be 
not engaged in executive business,) and of the city council l^^'"' ^^•^p'^' 
and common council shall be public. 

Section 12. The city council shall annually, as soon Poiice officers, 
after their organization as may be convenient, elect by joint ^<=''^°"'<='^<'«en. 
ballot, in convention, a city marshal and assistants, and con- 
stables, who shall hold their offices until others are chosen 
and qualified in their stead ; and all other needful police 



466 



1863.— Chapter 153. 



Proviso. 



City clerk and 
treasurer, elec- 
tion and duties. 



Money and prop- 
erty of city, du- 
ties of couucil 
concerniug. 



Aldermen and 
councilmen in- 
eligible for ap- 
pointment to 
salaried office. 



City clerk, quali- 
ficatiou, duties 
and tenure of of- 
fice. 



officers, wlio shall bold oflficc for such time as tlie city coun- 
cil shall, l>y standing ordinance, prescribe : provided, ho w-' 
ercr, that no person shall lie cliosen a marshal or constable, 
or to any other office in the department of police of the city, 
who shall not have been nominated to the city council by 
the mayor. 

The city council shall in such manner as their by-laws 
shall prescribe, appoint or elect all subordinate officers, 
(whose aippointment or election is not otherwise provided 
for) for the ensuing year. 

The city council shall in the month of April, annually, 
elect by joint ballot in 'convention a city clerk, and a city 
treasurei" who shall be also collector of taxes for the ensuing 
year; and shall define the duties and compensation of all 
officers so appointed or elected by them, when such duties and 
compensation shall not be defined and fixed by the laws of 
this Commonwealth. 

In case of a vacancy in any of said offices, the same shall 
be filled in the manner prescribed in this section. 

The city council shall take care that no money be paid 
from the treasury unless granted or appropriated ; shall 
secure a just and prompt accountability, by requiring bonds, 
with sufficient penalties and sureties from all persons 
intrusted with the receipt, custody or disbursement of 
money ; shall have the care and superintendence of the city 
buildings, and the custody and management of all city prop- 
erty, witli the power to let or sell what may be legally sold ; 
and to purchase property, real or personal, in the name and 
for the use of the city, whenever the interest or convenience 
of the inhabitants may, in their judgment, require it. 

The city council shall, as often as once in a year, cause 
to be published, for the use of the inhabitants, a particular 
account of the receipts and expenditures, and a schedule 
of the city property and the city debts. 

Section 13. No person shall be eligible to any office, 
(except the mayorality,) the salary of which is payal)le from 
the city treasury, who, at the time of his appointment, shall 
be a member either of the board of aldermen or common 
council, and no member of either of these boards shall hold 
any other office under the city government. 

Section 14. The city clerk shall be clerk of the board 
of aldermen, and shall be sworn to the faithful performance 
of his duties; he shall perform such duties as shall be pre- 
scribed by tiie board of aldermen, and shall perform all the 
duties, and exercise all the powers, by law incumbent upon, 
or vested in clerks of towns : he shall be chosen for one 



186;^.— Cii-vrTER 15:3. 467 

•year ami until another is cliOFen and (lualified in his ))lace, 
but may he at any time removed by the city council : he 
shall deliver to liis successor in ollice, as soon as chosen and 
qualified, all journals, records, record-books, papers, docu- 
ments, and other things held by him in his capacity as city 
clerk. 

Section 15. The qualified voters, at their respective overseers of poor. 
annual ^vard meetings, shall elect, by hallot, one person in 
each ward, who shall be a resident of the ward, to be au 
overseer of the poor ; and the persons thus chosen shall, 
with the mayor of the city, constitute the board of overseers 
of the poor, and shall have all the powers, and be subject to 
all the duties appertaining to overseers of the poor for towns. 

Section 10, The qualified voters, at their respective schooi committep 
annual ward meetings, shall elect, by ballot, one person in 
each Avard, who shall be a resident of the ward, to be a 
member of the school committee, who shall hold his office 
for three years : and the persons thus chosen, with those 
whose terms of office have not expired, shall constitute the 
school committee, and have the care and superintendence of 
the public schools. 

Section 17. The qualified voters of the city, at the Assessors. 
annual meetings in their respective wards, shall elect, by 
ballot, one person to be an assessor at large, who shall hold 
his office for three years, and until another is chosen and 
(jualified in his stead : and the person thus chosen assessor 
at large, with these whose terms of office have not expired, 
shall constitute the board of assessors, and shall exercise all 
the powers, and be subject to all the duties and liabilities of 
assessors of towns. 

In case of a vacancy in the board of assessors, the city vacancy in board 
council in convention sliall elect, by ballot, a person to fill 
the same, who shall hold office until the next annual meet- 
ing for the choice of municipal officers, and until another 
person shall be chosen and qualified in his stead ; and at 
said annual meeting a person shall be elected to said office, 
who shall hold the same for the residue of the unexpired 
term. 

The qualified voters shall, at the same time, and in like Assistant-aases- 
luanner, elect one person in each ward, who shall be a resi- ^°'^^' 
dent of the ward, to be an assistant-assessor, who shall hold 
his office for one year, and until another is chosen in his 
stead : and it shall be the duty of the persons so chosen, to 
furnish the assessors with all such information as they may 
require, relative to the persons and property taxaljle in their 
respective wards ; and they shall receive fur their services 



468 ' 1863.— Chapter 153. 

such compensation per diem, as the city council may« 
determine. 

Taxes, how as All taxcs shall be assessed, apportioned and collected, in 
the manner prescribed by the laws of the Commonwealth : 
provided, however, that the city council may establish 
further or additional provisions for the collection thereof. 

streets and ways, SECTION 18. Tiic city couucll shall liavc the samc power 

powers of council • i /• j ,1 , ij. • t i- • c 

oTer defined. m rclatiou to the acceptance, altering, or discontinuing of 
streets and ways, and the assessment of damages, which 
selectmen and inhabitants of towns now by law have ; but 
all petitions and questions relating to laying out, widening, 
altering or discontinuing any street or way, shall be first 
acted on by the mayor and aldermen. 

Aggrieved party Any pcrsou aggrieved by any proceedings of the mayor 

may hare redress , •' , ', °^ . •' •, • yi • /> 1 

and aidermcn, or city council, in the exercise oi such 
powers, shall have the same right of appeal, to the county 
commissioners of the county of Bristol, as are given by the 
laws of the Commonwealth to appeal from the decisions of 
selectmen or the inhabitants of towns. 
Health officers, SECTION 19. All the powcr and authority, by law vested 
poi'nt" '°^^^ ^^' in the board of health for towns, shall be vested in the city 
council, to be carried into execution by the appointment of 
health commissioners, or in such manner as the city council 
may deem expedient. 
Drains and sew- SECTION 20. The city couucil shall liavc authority to 
"^' cause drains and common sewers to be laid through any 

streets or private lands, paying the owners such damage as 
they may sustain thereby, and to require all persons to pay 
a reasonable sum for the privilege of opening any drain into 
said public drains or common sewers, and may make by- 
laws with suitable penalties for the inspection, survey, 
admeasurement and sale of wood, coal and bark brought 
into the city for sale. 
Police court, ju- SECTION 21. The polico coui't of Ncw Bedford shall have 
derby-laws.' cognizaucc of all offences against the by-laws and regula- 
tions which may be established by the city council of the 
city of New Bedford, and may, on conviction thereof, award 
such sentence as to law and justice may appertain. 
Appeals allowed. Ally persou aggrieved by such sentence, may make appeal 
therefrom to the superior court for the county of Bristol, 
under the restrictions and conditions provided by law in 
other cases of appeal from said court. 
Complaints be- j,^ r^^ prosccutions by complaint before the said police 

fore court, cer- r-ii i -i n t t • ^ 1 

tain, form set court louuded ou tlic specuil acts of the legislature, or the 
ordinances and by-laws of tb.e city of New Bedford, it shall 
be sufficient to set forth in such complaint, the offence fully 



1S():3.— Chapter 153. 469 

and plainly, substantially and formally ; and in such com- 
plaint, it shall not be necessary to set forth such special act, 
by-law, or ordinance, or any part thereof. 

Section 22. All elections for county, state, and United fy^ "^te and7ed- 
States officers who are voted for by the people, shall be held erai officers, man- 

Tfi 'iii- Der of, and of 

at meetuigs of the citizens qualihed to vote m sucli elections, records ana re- 
in their respective wards, at the time fixed by law for these """"*■ 
elections respectively ; and at such meetings, all the votes 
given for said several officers respectively, shall be assorted, 
counted, declared, and registered in open ward meeting, l)y 
causing the names of all persons voted for, and the number 
of votes given for each, to be written in the ward record, at 
length : and the ward clerk shall forthwith deliver to the 
city clerk a certified copy of the record of such elections. 
Tiie city clerk shall forthwith record such returns, and the 
mayor and aldermen shall, within two days after every such 
election, examine and compare all said returns, and make 
out a certificate of the result of such elections, to be signed 
by the mayor and a majority of the aldermen, and also by 
the city clerk, which shall be transmitted or delivered in the 
same manner as similar returns are by law directed to be 
made by selectmen of towns. 

In all elections for representatives to the general court, in Representatives 
case the whole number proposed to be elected shall not be '"genera cour . 
chosen, the mayor and aldermen shall forthwith issue their 
warrants for a new election, conformably to the provisions 
of the constitution and laws of the Commonwealth. 

Section 23. Prior to every election, the mayor and alder Lists of voters, 
men shall make out lists of all the citizens of each ward JJlen°to''cau8e'' "o 
qualified to vote in such elections, in the manner in which ''^ ^'^f pij^^^n^ 
selectmen of towns are required to make out lists of voters ; delivered to ward 
and for that purpose, they shall have full access to the ''^^'^^^' 
assessors' books ar.d lists, and be empowered to call for the 
assistance of all assessors, assistant-assessors, and other city 
officers ; and they shall deliver said lists, so prepared and 
corrected, to the clerks of the several wards, to be used at 
such elections ; and no person shall be entitled to vote 
whose name is not borne on such list: and in relation to the General statutes 
preparation, posting and correction of such lists, the mayor ^^^pp'^- 
and aldermen shall perform the same duties and be governed 
by the same regulations as are provided in the sixth chapter 
of the General Statutes, to be observed by the selectmen of 
towns : provided, hoioever, that a list of the voters of each 
ward shall be posted up in one or more public places in each . 
ward ; and provided, further, that any person whose name provisos. 
shall not be borne on the list of the ward in which he is 
22 



470 



1863.— Chapter 154. 



Meetings of citi- 
zens, how warned 



By-laws, coun- 
cil may estab- 
lish and annex 
penalties. 



Proviso. 



Forfeitures. 



Act subject to 
amendment. 



Repeal. 



Act Toid unless 
accepted. 



entitled to vote, when it shall be placed in the hands of the 
clerk of said ward, shall have the right to have his name 
entered tliereon at any time tliereafter, before the closing of 
the polls, upon presenting to the ward officers a certificate 
signed by the mayor or city clerk, setting forth his riglit to 
have his name thus entered. 

Section 24. General meetings of the citizens qualified 
to vote, may, from time to time, be held, to consult upon 
the public good, to instruct representatives, and to take all 
lawful measures to obtain redress of any grievances, accord- 
ing to the right secured to the people by the constitution of 
the Commonwealth ; and such meetings may and shall be 
duly warned by the mayor and aldermen, upon the requisi- 
tion of thirty qualified voters. 

Section 25. The city council shall have power to make 
all such salutary and needful by-laws as towns, by the laws 
of this Commonwealth have power to make and establish, 
and to annex penalties, not exceeding twenty dollars for the 
breach thereof; which by-laws shall take effect, and be in 
force, from and after the time therein respectively limited, 
without the sanction of any court or other authority what- 
ever ; and all such by-laws, and all city ordinances, shall be 
duly published in such newspapers as the city council shall 
direct: provided^ hoivever, that all by-laws, regulations and 
ordinances now in force in the city of New Bedford shall, 
until they expire by their own limitation, or be revised or 
repealed by the city council, remain in force ; and all fines 
and forfeitures for the breach of any by-law or ordinance of 
the city, shall be paid into the city treasury. 

Section 26. Nothing contained in this act shall be so 
construed as to prevent the legislature from altering or 
amending the same, whenever it shall deem it expedient. 

Section 27. All acts and parts of acts inconsistent with 
this act, are hereby repealed. 

Section 28. This act shall be void unless the city council 
of New Bedford shall, by a concurrent vote of the two 
branches, voting by yea and nay, within sixty days adopt 
the same. 

Section 29. This act shall take effect upon its passage. 

Approved April 15, 1863. 



Chap 



. 154 -^^ ■^'^^ "^^ REGULATE THE DISCHARGE OF SOLDIERS ON WRIT OF 

HABEAS CORPUS. 

Be it enacted, §-c., as folloivs : 
Minor, before dis- SECTION 1. From and after the passage of this act, no 

charge upon writ ,. , i^t- i-i- • r>i 

of habeas corpus, pcrsou cnlisted or draitcd into the military service ot the 



1863.— Chapter 155. 471 

United States, or substituted for any person so drafted, who to restore boun- 
has received, or may hereafter receive bounty money or accScmentr** 
advance pay, in consideration of his contract of enlistment, ^ostl^a^suai.'"^*'' 
or of beintr so drafted or substituted into said service, shall 
be discharged from such service, upon a writ of habeas 
corpus, on the ground that he was a minor at the time of 
his enlistment, or on any other ground, until he shall have 
paid over to the provost-marshal of the district where he is 
commorant, such bounty money and advance pay, and until 
he shall have delivered up to said provost-marshal, all 
clothing, arms, and military accoutrements, by him received, 
from any officer of the United States, or of the Common- 
wealth of Massachusetts, for his equipment as a soldier : 
provided, hoivever, that in cases of enlistment procured by proyiso. 
fraud, tlie court, in their discretion may discharge the 
enlisted person upon such terms and conditions as justice 
may require. 

Sectiox 2. The provost-marshal shall keep an account Marshal to ren- 
of all moneys, clothing, arms and military accoutrements, montwy"to 
by him received as aforesaid, and once each month, shall pf.''*'^ ^"p- 

. . plying. 

pay over and deliver the same, to the parties by whom they 
were paid or furnished to the person mentioned in the 
preceding section. Approved April 17, 1863. 



Chap. 155 



An Act coxcerning the apprehension of deserters and 

drafted men. 
Be it enacted, S^'c, asfolloics: 

Section 1. The sheriffs and deputy-sheriffs of the counties sheriirs, police 
of this Commonwealth, the police of the cities, and the con- Sm may'^Tr- 
stables of the towns, are hereby authorized to arrest, upon >'•''' upon writ- 

. T /> 1 IT ^^" order of pro- 

the written order of the provost-marshals of the different vost-marshai. 
districts within this Commonwealth, any person charged 
with the offence of desertion from the army of the United 
States, or from the volunteer forces of the United States, 
and any person who, having been drafted into the military 
service of the United States, shall fail to attend at the time 
and place of rendezvous for such drafted person ; and tli€y compensation. 
are hereby authorized to receive for such arrests, such com- 
pensation as may be provided therefor by the government of 
the United States. 

Section 2. The sheriffs of the counties of this Common- i^ersons arrested 
wealth are hereby authorized to receive and confine in the ^e '^aTtrined'^m 
county jails, persons charged with the offence of desertion county jaii. 
from the army of the United States, or from the volunteer 
forces of the United States. Approved April 17, 1863. 



472 1863.— Chapters 156, 157, 158. 

Chap. 156 '^^ ^^'^ CONCERNING APPLICATIONS TO COURTS OF PROBATE AND 
■^' INSOLVENCY. 

Be it enacted, §t., as folloios : 

Registers may re- SECTION 1. Registers of probatG and insolvency may in 

ete!,\ndfssueor' tlieii' several counties, at any time, receive and place on file 

der of notice. petitions and applications to the probate court and tiie court 

of insolvency, and may issue proper orders of notice and 

citations in the same manner and with the same effect as the 

Judges may judges of Said courts may now do; but when, the judge 

deems such notice insufficient, he may order such further 

notice as the case requires. 

i^epeai. SECTION 2. The ouc hundred and sixty-third chapter of 

the acts of the year eighteen hundred and sixty, is hereby 

repealed. Approved April 17, 1863. 

ChdV 157 "^^ ^^^ ^^ RELATION TO THE ACKNOWLEDGMENT OF LEGAL INSTRU- 
' ' MENTS AND SUMMONING WITNESSES. 

Be it enacted, §t., as follows : 
Justices may at- SECTION 1. JusticGs of the peacc may take acknowledg- 

test in any coun- • c i j iii'ii_. i_ 

ty. ments oi deeds and otiier instruments in any county. 

Arbitrator, being SECTION 2. Ally arbitrator wlio is a justice of the peace, 
minister! '^^^'^ ' may take the acknowledgment provided for in section two, 
chapter one hundred and forty-seven of the General Statutes. 
Justices' ciTii Section 3. Summonses for witnesses in civil cases, issued 

thMitatlve^in by justices of tliG pcacc, may be served in any county, and 
any county. any witucss SO summoucd, and who has been tendered his 
legal fees, shall be obliged to attend as directed by the sum- 
mons. Approved April 17, 1863. 

Chap. 158 ^ ^CT TO PROVIDE FOR THE ATTENDANCE OF WITNESSES BEFORE 

MUNICIPAL AUTHORITIES. 

Be it enacted, ^c, as follows : 

Maybecompeiied SECTION 1. Witncsscs may be summoned, and compelled 
to/'conditions''''as to attend, producc books and papers, and testify before any 
city council, or either branch of such council, or any joint 
committee thereof, or special committee of either branch 
thereof, or any board of selectmen, at any hearing before 
any such council, committee or board, as to matters within 
their respective jurisdiction ; and such witnesses shall be 
summoned in the same manner, paid the same fees, and 
be subject to the same penalties for default, as witnesses 
Oaths, how ad- bcfore Dolicc courts of tliis Commonwealth. And the pre- 
Siding officer of such city council or of either branch thereof, 
and any member of any such committee or board of select- 
men, are hereby severally authorized to administer oaths, to 
all such witnesses as shall appear before such council or 



witnesses before 
police courts. 



ministered. 



1863.— Chai'ters 159, 160, 161. 473 

cither l)rancli thereof, or any sueh committee or board 
respectively. 

Section 2. In case any witness so summoned and paid in casB of failure 

,., ,. ... ,,1. p 1 ii to iittuud, witness 

shall lail to attend m ])ursuancc ol such summons, tlie pre- to answer for con- 
sidinj>- olVieer of such city council, or of cither branch there- '"'"'''• 
of, or the chairman of the board of selectmen, may issue a 
warrant to bring such witness before them to answer for the 
contempt, and also to testify as a witness in the cause in 
which he was summoned. 

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

Approved April 17, 1SG3. 
An Act authorizixg the removal of certaix Indians to the Chap. 159 

STATE ALMSHOUSES. 

Be it enacted, ^c, as follows : 

Guardians and agents of the several tribes of Indians iu onar'^'^^ns and 

-_ 1 1 • n 1 1 T T agents to act, 

this Commonwealth, are authorized to send such Indians to with approval 
the state almshouses as they may deem the interest of the missioMrs!'°'"" 
state and the welfare of said Indians require ; first obtaining 
a permit from one of the alien commissioners. 

Approved April 17, 1863. 



Chap. 160 



An Act coxcerning the removal of gates from the roads in 

the town of hull. 
Be it enacted, Sfc, as follows : 

Section 1. No person or corporation shall have the right Maintenance of 
to erect, keep or maintain any gate across any town way or ^**''^ proii>b>ted 
highway in the town of Hull, and so much of the provisions 
of chapter fifty-six of the special laws, passed on the twenty- 
second day of June, in the year eighteen hundred and 
eleven, as authorizes the erection and maintenance of any 
such gates, is hereby repealed : and the selectmen of said selectmen may 
town shall forthwith remove any such gate now standing ^'^'^°^^' 
upon any highway or town way in said town. 

Section 2. Any person or corporation sustaining dam- Damages may be 
ages by this act, may have their damages assessed and paid, '"''''^^*' 
in the same manner in all respects as is now provided for the 
assessment and payment of damages for the taking of land 
for a highway. Approved April 17, 1863. 

An Act to confirm certain acts done by watson go ward, as Chap. 161 

I A .JUSTICE OF THE PEACE. 

Be it enacted, §'c., as follows : 

Section 1. All acts done by Watson Goward of Newton, 
in the county of Middlesex, esquire, as a justice of the peace 
within and for the county of Suffolk, between the eighth 
day of May in the year one thousand eight hundred and 



474 1863.— Chapters 162, 163. 

sixty-two, and the thirtieth day of March in the year one 
thousand eight hundred and sixty-three, be and they hereby 
are 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 the said office. 
Section 2. This act shall take effect upon its passage. 

Approved April 17, 1863. 



Chap. 



]^(32 An Act to authorize s. s. tuckwell and others to build a 
wharf in south amesbury. 
Be it enacted, ^'c, as follows : 

S. S. Tuckwell, Patten Sargent, Willis P. Sargent, and 
James Whitten, are hereby authorized to build a wharf 
opposite the land of said Tuckwell, in the village of South 
Amesbuiy, and to extend the same into Merrimack River a 
distance not exceeding one hundred and fifteen feet from 
higli-water mark, and not beyond a point where the depth 
of water at mean low tide exceeds seven feet ; with the 
right to lay vessels thereat, and to collect for wharfage and 
dockage : provided, that this grant shall not affect the legal 
rights of any person. Approved April 17, 1863. 



Chap. 163 



Acushnet River. 



An Act for supplying the city of new Bedford with pure 

WATER. 

Be it enacted, §'c., as follows : 

May supply from SECTION 1. Tlic cltv of Ncw Bcdford is hereby author- 
ized to take, hold, and convey by steam or other power, to, 
into, and through the said city, by suitable aqueducts or 
pipes, the waters of the Acushnet River, and the waters 
which flow into and from the same, and may also take and 
hold, by purchase or otherwise, any land, real estate, or water 
rights, necessary for erecting, laying and maintaining, and 
may erect, lay and maintain, such aqueducts, pipes, dams, 
gates, pumps, bridges, reservoirs, embankments, water-ways, 
drains, or other structures, as may be necessary or convenient 
to insure the purity of the said waters, or to convey said 
waters into and for the use of the said city of New Bedford : 
provided, that in the event of the construction of a dam 
across said River Acushnet, it shall not be located south of 
a line drawn east and west from the northerly line of build- 
ings now occupied by the New Bedford Copper Company, or 
north of a line drawn east and west from the southerly line 
of the town of Acushnet, within the tide waters of said river, 
but at any point north of tide water in said river ; nor in 
such a manner as to prevent the passage of vessels through 
the same. 



18()3.— CiiArxER 1()3. 475 

Section 2. For the purposes of distribution, the city may Mayiaypiix^and 

1 J • , 1 I'll' ' 'I'iii r''gulato use of, 

lay down pipes to any liouse or buildnig in said city, the ana of water. 
owner or owners thereof havin<r notice and not objecting 
thereto; and may make and establish public hydrants, in 
such places as may from time to time be deemed proper, and 
prescribe the purposes for which they may be used, and may 
chanoe or discontinue the same; may regulate the use of 
the water within and without the said city, and establish the 
price or rents to be paid for the uses thereof. And the said May construct 

/.I o • 1 1 1 J. aqueducts, etc. 

city may, for the jnirposes aiorcsaid, carry and conduct any 
aqueducts or other works, by them to be made or con- 
structed, over or under any water-course, or any street, 
turnpike road, highway, or other way, in such manner as 
not to obstruct or impede travel thereon, or the free flow of 
the water therein. 

l^ECTiON 3. Three commissioners shall be chosen by the commi.«)sioners to 

.,. . , 11I1' ii' • superintend shall 

city council in convention, who shall during their continu- be chc^^en, sub- 
ancc in office, superintend and direct the execution and tTcity°c'ouncii!*^ 
performance of all the works, matters and things mentioned 
in the preceding sections, which are not otherwise specially 
provided for in this act ; they shall be subject to such ordi- 
nances, rules and regulations, in tiie execution of their said 
trust, as the city council may from time to time ordain and 
establish, not inconsistent with the provisions of this act, 
and the laws of this Commonwealth ; they shall respectively Tenure of office. 
hold their said office for the term of two years next after 
their said appointment, unless the a(j[ueducts and work's 
aforesaid shall be sooner completed ; but they, or either of 
them, after having had an opportunity to be heard in his or 
tlieir defence, may be removed at any time by a concurrent 
vote of two-thirds of the whole number of each branch of the 
city council; and in case of a vacancy in the board of com- vacancy, how 
missioner.';, by death, resignation or removal, such vacancy ^"'''^" 
shall be filled by the choice of another commissioner in 
manner aforesaid, who shall hold his said office for the resi- 
due of the said term of two years, with all the powers and 
subject to all the restrictions aforesaid. A major part of Quorum. 
said commissioners shall be a quorum for the exercise of the 
powers, and the performance of the duties of the said office ; 
they shall, once in every three months, and whenever Quarterly report. 
required liy the city council, make and present, in writing, 
a particular report and statement of all their acts and pro- 
ceedings, and of the condition and progress of the works 
aforesaid. 

Section 4. Before the choice of the commissioners afore- comppnsation of 
said, the city council shall establish and fix the salaries or 



commissioners. 



476 



1863.— Chapter 163. 



Upon expiration 
of commission, 
powers to vest in 
city council. 



City liable for 



Aggrieved party 
may apply for ad- 
justment to su- 
perior court. 



Petition and 
summons. 



Upon default of 
city, court may 
appoint arbiters. 



compensation to be paid to the commissioners for their 
services. And the said salaries of the said commissioners so 
established, and fixed as aforesaid, shall not be reduced 
during their continuance in said office, respectively. 

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

Section 6. The said city of New Bedford shall be liable 
to pay all damages that shall be sustained by any persons in 
their property by the taking of any land, water, or water- 
rights, or by the constructing of any dams, aqueducts, res- 
ervoirs, or other works, for the purposes of this act. And 
if the owner of any land, water, or water-rights, which 
shall be taken as aforesaid, or other person who shall sus- 
tain damage as aforesaid, shall not agree upon the damage 
to be paid therefor, he may apply by petition, for the assess- 
ment of his damages at any time within three years from 
the taking of said land, water or water-rights, or sustaining 
damage as aforesaid, and not afterwards, to the superior 
court in the county in which the same are situate, unless 
sooner barred, as provided in tlie seventh section of this act ; 
such petition may be filed in the clerk's office of said court, 
in vacation or in term time, and the clerk shall thereupon 
issue a summons to the city of New Bedford, returnable, 
if issued in vacation, to the then next term of said court, 
and if in term time, returnable on such day as the court 
shall order, to appear and answer to the said petition : the 
said summons shall be served fourteen days at least before 
the return day thereof, by leaving a copy thereof, and of 
the said petition, certified by the officer who shall serve the 
same, with the mayor or clerk of said city ; and the said 
court may, upon default or hearing of the said city, appoint 
three disinterested freeholders of this Commonwealth, who 
shall, after reasonable notice to the parties, assess the 
damages, if any, which such petitioner may have sus- 
tained as aforesaid ; and the award of the said freehold- 
ers, or of the major part of them, being returned into 
and accepted by tlie said court, shall be final, and judgment 
shall be rendered and execution issued tiiereon for the pre- 



cases. 



lS(v^— CiiArxER 16:3. • 477 

vailing party, witli costs, unless one of the said parties shall 
claim a trial by jury, as hereinafter provided. 

Section 7. Whenever any damages shall have been siis- city may com- 
tained by any persons as set fortii in the sixth section of this ("gsTn^'ceruia 
act, and such persons shall neglect to institute proceedings 
against the city of New Bedford according to the provisions 
of this act, for the space of twelve months, it shall be law- 
ful for the city of New Bedford to commence such proceed- 
ings, which shall go on and be determined in the same 
manner as if commenced by the persons who shall have 
sustained such damage ; and if such persons, on receiving 
due notice, shall not come in and prosecute the proceed- 
ings so instituted, judgment shall be entered against them, 
without costs, and they shall be forever barred from recov- 
ering any damages under this act. 

StXTiON 8. if either of the parties mentioned in the Party dissatisfied 
sixth section shall be dissatisfied with the amount of dam- havejur" '""^^ 
ages awarded as therein expressed, such party may, at the 
term at which such award was accepted, or the next term 
thereafter, claim, in writing, a trial in said court, and have 
a jury to hear and determine at the bar of said court, all 
questions of fact relating to such damages, and to assess the 
amount thereof; and the verdict of such jury being accepted g^^f"''*''^^ 
and recorded by the said court, shall be final and conclusive, 
and judgment shall be rendered and execution issued 
thereon, and costs shall be recovered by the said parties 
respectively, in the same manner as is provided by law, in 
respect to proceedings relating to the laying out of highways. 

Section 9. No application shall be made to the court ibr Application for 
the assessment of damages for the taking of any water-rights, damans" 
until the water shall be actually withdrawn or diverted by 
the said city under the authority of this act. 

Section 10. In every case of a petition to a superior Adjustment of 
court for the assessment of damages, as provided in the costs, and sus- 
sixth, seventh, eighth and ninth sections of this act, the ceSgs"^^"''*' 
city of New Bedford, by any of its officers, may tender to 
the complainant or his attorney any sum that they shall 
think proper, or may bring the same into court to be paid 
to the complainant for the damages by him incurred, or 
claimed in his petition ; and if the complainant shall not 
accept the same with liis costs up to that time, but shall 
proceed in the suit, he shall be entitled to his costs up to 
the time of the tender, or such payment into court, and not 
afterward ; and the said city shall be entitled to recover its 
costs afterward, unless the complainant shall recover greater 
damages than were so offered. 

23 



478 



1863.— Chapter 163. 



" Water bonds " 
may be issued to 
meet expendi- 
tures. 



Not to exceed 

S5O0,OOO. 



City council may 
pass ordinanoes 
for preservation 
of works. 



Proyiso. 



Water rates, 
council may 
regulate. 



Liabilities of 
landlord and 
tenant. Use 
of water with- 
out consent, 
action lor 
damages al- 
lowed. 



Section 11. For tlie purpose of defraying all tlie costs 
and expenses of such lands, estates, water, and water-rights, 
as shall be taken, purchased or held, for the purposes men- 
tioned in this act, and of constructing all aqueducts and 
works necessary and proper for the accomplishment of the 
said purposes, and all expenses incident thereto, heretofore 
incurred, or that may be hereafter incurred, the city council 
shall have authority to issue, from time to time, scrip, notes, 
or certificates of debt, to be denominated on the face thereof, 
" Water Bonds of the City of New Bedford," to an amount 
not exceeding five hundred thousand dollars, bearing 
interest at a rate not exceeding the legal rate of interest iu 
this Commonwealth, which shall be redeemable at a period 
of time not less than ten nor more than fifty years from and 
after the issue of said scrip, notes or certificates, respectively ; 
and the said city council may sell the same, or any part 
thereof, from time to time, at pul)lic or private sale, or 
pledge the same for money borrowed for the purposes afore- 
said, on such terms and conditions as the said city council 
shall judge proper; and the said city council may, for the 
purpose of meeting payments of such interest as may accrue 
upon any certificate of debt, make such further issue of 
scrip, notes or certificates of debt, as may be necessary 
therefor. 

Section 12. The city council may, from time to time, 
pass such by-laws and ordinances as tiiey may deem proper 
for the preservation and protection of all orany of the works 
connected with the supplying of the city of New Bedford 
with pure and wholesome water, under and by virtue of this 
act: provided, such by-laws and ordinances are not incon- 
sistent with any laws of this Commonwealth, or with the 
constitution thereof, subject at any time to be repealed or 
modified by the legislature ; and may, also, organize a depart- 
ment, with full powers for the management of such works 
and the distribution of the said water. 

Section 1.3. The city council shall, from time to time, 
regulate the price or rent for the use of the water, with a 
view to the payment, from the net income and receipts, not 
only of the semi-annual interest, but ultimately of the prin- 
cipal of said debt, so contracted, so far as the same may 
be practicable and reasonable. And the occupant of any 
tenement shall be liable for the payment of the price or rent 
for the use of the water in such tenement ; and the owner 
thereof shall also be liable, if, on being notified of such use, 
he does not object thereto ; and if any person or persons 
shall use any of the said water, either within or without the 



1863.— CiiArxERs 1G4, 1G5. 479 

said city, Avitliout tlic consent of the city, an action of tort 
may be maintained against him or them lor the recovery ol' 
damages therelor. 

Section 14. If any person or persons sliall wilfully or DiyeninK or cor- 
maliciously divert the water or any part thereof, of any of the [,?]'u'rhfg'''*l"i'k°s 
ponds, streams or water sources, which shall be taken by the "f j^^^^g"^ '"'''^ 
city, pursuant to the provisions of this act, or shall corrupt 
the same, or render it impure, or destroy or injure any dam, 
aqueduct, pipe, conduit, hydrant, machinery or other prop- 
erty, held, owned or used by the said city, by the authority, 
and for the purposes of this act, such person or persons shall 
forfeit and pay to the said city, three times the amount of 
the damages that shall be assessed therefor, to be recovered 
bv any proper action. And such person or persons may, Further liability 

•^''^ •!•, , 1 -J.- p-ii rj.1 upon couviction. 

moreover, on indictment and conviction oi either oi tlie 
wilful and malicious acts aforesaid, be punished by fine 
not exceeding one thousand dollars and imprisonment not 
exceeding one year. 

SectiGxV 15. The provisions of this act shall be void. Act to be accept- 
unless submitted to, and approved by, the voters of the city year. 
of New Bedford, at meetings held simultaneously, for the 
purpose, in the several wards, within one year from the 
passage of this act upon notice duly given, at least seven 
days before the time of holding said meetings. 

Approved April 18, 1863. 

Ax Act in addition to an act to levy taxes on certain insur- QJko) 164 

ANCE companies AND ON DEPOSITORS IN SAVINGS BANKS. ^ 

Be it enacted, ^'c, as follows : 

The tax provided for in section four of chapter two hun- Jif '® *''',*'^ '° '^• 
dred and twenty-four, of the acts of eighteen hundred and vanced to 3-4 per 
sixty-two, shall be increased to three-fourths of one per cent. ''''°'' 
per annum. Approved April 18, 1863. 

An Act concerning married women carrying on business on Chap. 165 

THEIR SOLE AND SEPARATE ACCOUNT. -' 

Be it enacted, ^'c, as follows : 

Section 1. The provisions of section three, of chapter one copartnership 
hundred and eight of the General Statutes, authorizing ^ p™ ' "^ • 
married woman to carry on any trade or business on her sole 
and separate account, shall be so construed as not to allow 
her to enter into copartnership in business with any person. 

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

Approved April 18, 1863. 



480 1863.— Chapter 166. 

C/lGD 166 ■^^ ^^'^ ^^ PROVIDE FOR THE RECEPTION OF A GRANT OF CONGRESS, 
-* ' AND TO CREATE A FUND FOR THE PROMOTION OF EDUCATION IN 

AGRICULTURE AND THE MECHANIC ARTS. 

Be it enacted, ^'c, as follows : 

Commonwealth SECTION 1. The Commonwealtli of Massachusetts hereby 

oru!'s. ^^^°^ accepts the grant offered to it by the United States, as set 

forth and defined in the act of congress entitled " An Act 

donating public lands to the several states and territories 

which may provide colleges for the benefit of agriculture and 

the mechanic arts," said act being chapter one hundred and 

thirty of the statutes of the United States, passed at the 

second session of the thirty-seventh congress, and approved 

by the president July second, in the year eighteen hundred 

and sixty-two, upon the terms and conditions contained 

Governor to give aud sct fortli iu Said act of congress ; and the governor of 

notice thereof, the Commonwcalth is hereby authorized and instructed to 

give due notice thereof, to the government of the United 

States. 

To receive land SECTION 2. Thc govcmor is hcrcby authorized and iu- 

sued. ^^^^" '^" structed to receive, by himself or his order, from the secretary 

of the interior, or any other person authorized to issue the 

same, all the land scrip to which this Commonwealth may 

be entitled by the provisions of the before-mentioned act of 

congress. 

To appoint com- SECTION 3. The govcmor, with the advice and consent of 

M.tTsMip. °' the council, is hereby authorized and instructed to appoint a 

commissioner, whose duty it shall be to locate, without 

unnecessary delay, all the land scrip which may come into 

the possession of the Commonwealth by virtue of this act, 

and to sell the same from time to time, on such terms as the 

Commissioner to govcrnor and couucil shall determine. Said commissioner 

furndoi'ifgs^emt shall glvc a boud, witli sufficient sureties, in the penal sum 

annually, or Qf (^ffy tliousaud dollars, to bc approved by the governor and 

when required. "-i i i \ i • o \ • rr 

council, that he will faithfully perform the duties of his office, 
and shall render full and accurate returns to them, at the 
end of every six months, or oftener if required to do so by 

Compensation, them, of his proceedings under this act. The compensation 
of said commissioner shall be fixed by the governor and 
council, and shall be paid out of the treasury of the Com- 
monwealth, and the governor is hereby authorized to draw 
his warrants therefor. 

Moneys received SECTION 4. All moucys rcccived by virtue of this act, for 

for scrip to be , _ , , . ■ 1 1 i . . . i i . i • i 

paid Treas'r, .and thc salc 01 laud scrip, shall be immediately deposited with 

invesfed^m^fun^^ the trcasurcr of the Commonwealth, who shall invest and 

tions. |^q|(J ^\^q gaf^^Q j^ accordance with the fourth section of the 

afore-mentioned act of congress. The moneys so invested 



18();3.— Chaiter Kh. 481 

shall constitute a perpetual fund, to be entitled the Fund for 
tlie Froniotion of Education in Agriculture and the Mechanic 
Arts, which shall be appropriated and used in such manner 
as the legislature shall prescribe, and in accordance with the 
said act of congress. 

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

Approved April 18, 18G3. 

Ax Act to authorize the formation of the state guard. >^7 -i p^y 
Be it enacted, ^r., as follotvs : ■'■ ' 

Section 1. Tiie citizens in the several cities and towns, citizens of 45 
above the age of forty-five years, may form volunteer compa- orpanheT ma^- 
nies for military service, to be called the State Guard, and jonty prescribe. 
may uniform, arm and equip themselves, as a majority of 
the same may respectively prescribe. 

Section 2. Each company of infantry or riflemen shall infantry and ri- 

• . p . • r 1. ^• J. J. IT flenien, coniposi- 

consist 01 one captain, one first fieutenant, one second lieu- tionofcompaaies 
tenant, one first sergeant, one quartermaster-sergeant, four '^''^'^^'^■ 
sergeants, eight corporals, two musicians, one wagoner, a 
clerk who shall be one of the sergeants, and not less than 
sixty-four nor more than eighty-two privates. 

Section 3. Each battery of artillery shall consist of one Batteries of artn 
captain, one first lieutenant, one second lieutenant, one first ^"^' 
sergeant, one quartermaster-sergeant, four sergeants, eight 
corporals, two musicians, two artificers, one wagoner, and 
one hundred and twenty-two privates. 

Section 4. To each company there shall be a clerk, who cierk of company 
shall be one of the sergeants. 

Section 5. The officers shall be chosen, commissioned omcers, choice 
and qualified, and the non-commissioned officers appointed uo'ns.'^"'* ' '^^' 
and qualified, in the same manner, and have the same rank 
as is provided in the laws concerning the militia for similar 
officers. 

Section 6. Each company may make by-laws, rules and companies may 

I ^. • T /• -i. J. r" • xi X- „ establish rules 

regulations providing tor its government, tixmg the times 01 for govemmeut. 

parade tor drill, company discipline and maneuver, and the 

manner of calling out and notifying its members therefor, 

and establish fines for non-attendance of members and for 

their deficiency of uniform, arms and equipments thereat, 

which fines shall be collected and disposed of for the benefit 

of the company, as its members may determine. 

Section 7. The commanding officer of each company commandor to 
shall make an annual return to the adjutant-general, of his to'^miju'tant"'' ^' 
com))any, on or before the first day of Novemljer, reporting ""'• 
therein the number of men enrolled, tlie number present 
and doing duty at its last parade, the state of its equipment 



gen- 



482 1863.— Chapter 167. 

and efficiency, with such suggestions as he deems proper 

relating to the corps to which it belongs. 

Governor may or- SECTION 8. Tlic commander-in-cliief may order out the 

der guard. state guard to suppress insurrection, repel invasion by the 

public enemies of the United States, and to garrison the 

defences of the sea-coast. 

Companies in de- SECTION 9. Whcu ouc or moro couipanics scrvc togctlicr 

omceT'to ^com- ^s a Separate detachment, the senior officer present shall 

mand. commaud, until the commander-in-chief assigns an officer 

of suitable rank to that duty. 

Guard subject to SECTION 10. Thc guard may bc ordcrcd to aid the civil 

cmi authority. £mt}jority iu suppressing a tumult, riot, mob or body of men 

acting together with intent to commit a felony, or to offer 

violence to persons or property, or by force and violence to 

break or resist the laws of the Commonwealth or of the 

United States, by the same authority and in the same 

manner as is provided by law for calling out the militia for 

similar duty. 

Limitation of ser- SECTION 11. Tlic guard sliall uot be required to serve 

beyond the limits of the Commonwealth, 
Compensation. SECTION 12, Whcu Ordered out for duty by the com- 
mander-in-chief, or by the civil authority, as provided in 
section ten, each member of the guard shall receive one 
dollar and thirty cents for each day's service. 
Foils and returns, SECTION 13. Tiic adjutant-gcncral shall furnish the 
furaifhwauks.'° scvcral compauics with the blank forms of rolls and returns, 
now required to be furnished to the companies of militia, 
with such alterations as will make them conform to the 
organization and service of the guard. 
Company may SECTION 14. Eacli couipauy may choose a board of 
trustees, of not less than five nor more than nine persons, 
who shall be members of said company. A majority of said 
trustees shall constitute a quorum, and vacancies happening 
in the board shall be filled in such manner as the members 
of the company direct. 
vovrcvs and du- SECTION 15, Tlic trustccs of any such company may 
purchase, receive, hold and manage real estate to tlie value 
of ten thousand dollars, and may hold personal estate to the 
same value, for such company, and may also hold any gift, 
bequest or donation made to such company, and manage the 
same by investment or otherwise, for the benefit of such 
company. 
Company proTid- SECTION 16. Eacli couipauy formed under the provisions 
bTfura'i8heda"rms of this act, ou appHcatiou of the commander thereof to the 
aud equipmeuw. adjutaii t-geucral, and producing satisfactory evidence that 
a suitable armory or place of deposit is provided, may be 



18():3.— Chapters IGS, lOl). 483 

furnished, as a loan, under such regulation as ho may pre- 
scribe, witii such appropriate arms and eipiipments as shall 
be determined by the commander-in-chief. 

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

Aiijtrnved April 21, 18G3. 
An Act to incoupouate the hibkrnian benevolent society of QJiap. 168 

BOSTON. -^ 

Be it enacted, Sec, as foUoics: 

Section 1. Michael Doherty, Nicholas J. Bean, Neil 0. corporators. 
Donnell, their associates and successors, are hereby made a 
corporation by the name of the Hibernian Benevolent Soci- Title, 
ety, in the city of Boston, for the purpose of benefiting the Purpose, 
condition of their members in time of sickness, and by 
other charitable assistance ; with all the powers and privi- Privileges. 
leges, and subject to all the duties, liabilities and restric- 
tions, set forth in the sixty-eighth chapter of the General 
Statutes. 

Section 2. Said corporation may take and hold real Real and person- 
estate, not exceeding twenty-five thousand dollars, and ))er- 
sonal property not exceeding ten thousand dollars, for tiie 
purposes aforesaid. 

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

Approved April 21, 1863. 

An Act to incorporate the boston and fairhaven iron works. QJiap. 169 
Be it enacted, ^'c, as follows : 

Section 1. F. R. Wiiitwell, junior, Bartholomew Taber corporators. 
and W. G. Robinson, their associates and successors, are 
herel)y made a corporation by tlie name of the Boston and Title. 
Fairhaven Iron Works, located in the town of Fairhaven, 
for the purpose of manufacturing wrought and cast-iron ; 
and for this purpose shall have all the powers and privileges. Privileges. 
and be suliject to all the duties, restrictions and liabilities, 
set forth in the sixtieth and sixty-eighth chapters of the 
General Statutes, and all acts passed subsequently thereto, 
relating to manufacturing corporations. 

Section 2. The said corporation may hold for the pur- capital stock and 
poses aforesaid, real estate to the amount of fifty thousand ^'^ *'*'""'■ 
dollai's, and the whole capital stock of said corporation shall 
not exceed one imndred thousand dollars, in shares of one 
hundred dollars each ; and no shares of said corporation shares. 
shall 1)6 issued for a less sura to be actually paid in on each, 
than the par value of the shares which shall first be issued. 

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

Approved April 21, 18G3. 



484: 1863.— Chapter 170. 

Chat) 170 "^^ -^^^ ^'^ INCORPORATE THE MELROSE AND SOUTH READING 
^' noRSK RAILROAD COMPANY. 

Be it. enacted, ^'c, as follows : 
Corporators. SECTION 1. Loriii L. Fuller, Samuel Rice, Henry A. 

Norris, their associates and successors, are hereby made a 
Title. corporation by tlie name of the Melrose and South Reading 

Horse Railroad Company, with power to construct, maintain 
and use a railroad, with convenient single or double tracks, 
Location. froiii sucli poiut or poiuts of intersection in Maiden, in the 

May intersect couuty of Middlcscx, witli the raili'oad of the Maiden and 
Ml\ro'^l''Rtii'roT(il Mclrosc Railroad Company, as may be fixed by the select- 
with its assent. lyiQu of Said towii of Maldcu, witli the assent of said corpora- 
May use high- tion in writing expressed, and filed with said selectmen, and 
mtned by select- upoti and ovcr sucli of thc strccts and highways of said 
™*'^" town, as may be from time to time fixed and determined by 

said selectmen, with the written assent of said corporation, 
filed as aforesaid ; thence upon and over such of the streets 
and highways of the town of Melrose, as may be from time 
to time fixed and determined by the selectmen of said town 
of Melrose, with the written assent of said corporation, filed 
as aforesaid ; thence over and upon such of the streets and 
highways of said town of South Reading, as may be from 
time to time fixed and determined by the selectmen of said 
town of South Reading, with the written assent of said cor- 
Tracks, distance poratioii, filed as aforesaid: and the tracks of said railroad 
romsi ewa s. gjj^^^ ^q ^j^-^^ j^^. g^gii distauccs froiii thc sidcwalks in said 
towns as the selectmen of said towns shall respectively, in 
their orders fixing the route and location of said railroad, 
Transportation of determine. Said corporation shall have power to fix, from 
erty°°MudiS.s time to time, such rates of compensation for transporting 
and rate of fare. pgi-gQus aud property, as tlicy may think expedient; but the 
rate of passenger fare shall not exceed five cents per mile 
for each passenger, and no property shall be transported at 
such times or in such manner as to interfere in any way 
, whatever with tlie transportation of passengers. Said cor- 

poration shall have all the powers and privileges, and be 
subject to all the duties, liabilities and restrictions, set forth 
in the sixty-third and sixty-eighth chapters of the General 
Statutes, and in all general laws which are or may be in 
force relating to horse railroad corporations. 
May e.xchange SECTION 2. The corporatioii hereby created may enter 

U'^t^ of tracks */ */ 

with Maiden and upou aiid usc tlic tracks of tlic Maiden and Melrose, and 

die'JeTcos^'^'^' Middlesex Railroad Companies, in such mode, and upon 

such rates of com[)ensation,as maybe agreed by the parties; 

or in case of disagreement, such mode and rates shall be 

fixed by three commissioners, to be appointed by the 



ISt;:].— Chapter 170. 485 

supreme judicial court : and tlio said ^falden and Melrose, T)i«nffrpoment, 
and Middlosex Railroad Companies, may iii like manner 
and on the same terms and conditions, enter upon and use 
the tracks of the corporation hereby created. 

Section 3. Said tracks or roads shall be operated and Motive powerand 
used by said corjioration, with horse-power only. The 
selectmen of said towns sliall have power at all times, to 
make all such rcjiulations, as to the rate of speed and mode 
of use of the tracks in their respective towns, as the public 
convenience and safety may require. 

Section 4. Said corporation shall keep and maintain in Repairs of high- 
repair such portion of the streets and highways respectively, ^"^^^ 
as is occupied by their tracks, and shall be liable for any Liabilities. 
loss or injury, that any person sustains, by reason of any 
carelessness, neglect or misconduct of any of its agents and 
servants, in the management, construction or use of said 
roads or tracks ; and in case any recovery is had against 
either of said towns, by reason of such defect or want of 
repair, said corporation shall be liable to pay such towns 
respectively, or either of them, any sums thus recovered 
against them, together with all costs and reasonable expen- 
ditures incurred by them respectively, in the defence of any 
such suit or suits, in which recovery is had ; and said cor- Restriction. 
poration shall not use any portion of the streets or highways 
not occupied by said road or tracks. 

Section 5. If any person shall wilfully and maliciously Penalty for ob- 
obstruct said corporation in the use of said road or tracks, ration!"^ ^^'^^ 
or the passing of the cars or carriages of said corporation 
thereon, such person, and all who shall be aiding or abetting 
therein, shall be punished by a fine not exceeding five hun- 
dred dollars, or by imprisonment in the common jail for a 
period not exceeding three months. 

Section 6. If said corporation, or its agents or servants, obstruction by 

1I1-1P11 1 1--1 1 1-1 1 corporation. 

snail wrliully and maliciously obstruct any highway, or the 
passing of any carriages over the same, such corporation 
shall be punished by a fine not exceeding five hundred 
dollars. 

Section 7. The capital stock of said corporation shall not capital. 
exceed one hundred thousand dollars, to be divided into shares. 
shares of one hundred dollars each. 

Section 8. Said corporation shall have power to purchase Keai estate. 
and hold such real estate, within said towns, or either of 
them, as may be convenient or necessary for the purposes 
for which it is incorporated. 

SfXTiON 9. The said road shall be constructed and construction and 
maintained in such form and manner, and upon such grade, ^alT. ^""""^^ 

24 



486 



1863.— Chapter 170. 



Notice to abut- 
ters. 



Control of high- 
ways by munici- 
pality. 



Discontinuance 
of track, select- 
men may deter- 
mine. 



Maiden, Melrr>?e 
and South Read- 
ing may purchase 
road after ten 
years. 



as the selectmen of said towns, respectively, in their votes 
fixing and determining the route and location thereof, as 
aforesaid, prescribe and direct ; and whenever, in the judg- 
ment of said corporation, it is necessary to alter the grade 
of any street so occupied by it, such alteration may be made 
at the sole expense of said corporation : provided^ such 
alteration shall be assented to by the selectmen of the town 
within which the same is to be made. Notice to abutters 
on streets and highways, in which it is proposed to lay the 
tracks of said corporation, shall be given, by publishing in 
such newspapers as the selectmen of said towns shall 
determine, and also by posting in three public places in each 
of the towns of Maiden, Melrose and South Reading, notice 
of the proposed location, and of the time and place of hearing 
thereon, fourteen days, at least, before the same shall be 
made. 

Section 10. Nothing in this act shall be construed to 
prevent the selectmen of either of said towns from entering 
upon and taking up any of the public streets or highways 
traversed by said railroad, for any purpose for which they 
may now lawfully take up the same. 

Section 11. At any time after the expiration of one year 
from the opening for use of the tracks of said railroad, in 
any street or road in which the same is located, as provided 
by its charter, the selectmen of said towns, respectively, may 
determine as to so much of said tracks as is located within 
their respective limits, that the same, or any part thereof 
be discontinued; and thereupon the location shall be deemed 
to be revoked, and the tracks of said railroad shall forthwith 
be taken up and removed, in conformity with the order of 
said selectmen ; and such taking up and removal shall be at 
the expense of said railroad corporation. 

Section 12. The towns of Maiden, Melrose and South 
Reading, or either of them, may at any time during the 
continuance of the charter of said corporation, and after the 
expiration of ten years from the opening of any part of said 
road for use, purchase of said corporation, all tiie franchise, 
property, rights and furniture of said corporation, by paying 
therefor such a sum as will reimburse to each person who 
shall then be a stockholder therein, the par value of his 
stock, together with a net profit of ten per cent, per annum, 
from the time of the transfer of said stock to him on the 
books of the corporation, deducting the dividends received 
by said stockholder thereon ; said towns having the right 
to purchase only that part of the corporate property, which 
relates to and lies within the limits of their own jurisdic- 



■Sw^ 



1863.— Chapters 171, 172. * 487 

tions respectively, and payiiif; therefor a proportionate sum, 
on tlic basis above mentioned, to ho ascertained and fixed 
by commissioners to be appointed by the supreme judicial 
court. 

Section 13. This act shall be void, so far as relates to Acceptance of act 

,, •1,, , , •! !• -.I c -Ji.— and construction 

the ri<iht to construct said road, m either oi said towns, of roud. 
unless the same shall be accepted by the selectmen of such 
towns respectively, and unless the same shall be accepted by 
said corporation, and unless said road shall be constructed 
within two years after the passage of this act. 

Section 14. Said corporation shall be subject to all i-iawiity for land 

' , damages. 

existing provisions of law for the assessment and payment 
of damages for land outside of the streets and highways 
taken by them for their tracks. 

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

Approved April 23, 1863. 



CI'apAll 



Ax Act coxcerning certificates to be delivered to buyers of 

COAL. 

Be it enacted, ^'c, as follows : 

Section 1. The provisions of section one hundred eighty- Required upon 
nine, of chapter forty-nine of the General Statutes, are '*i"««'°f buyer 
hereby so far amended, that the certificate shall not be 
required to be delivered, as therein prescribed, unless the 
buyer shall request the same. 

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

Approved April 23, 1863. 

Ax Act to ixcorporate the lowell horse railroad compaxy. Chap. 172 
Be it enacted, ^^c, as follows : 

Section 1. Peter Lawson, Nicholas Mickel, John A. corporators. 
Goodwin, their associates and successors are hereby made a 
corporation, by the name of the Lowell Horse Railroad Cora- Tuie. 
pany, with power to construct, maintain and use, a railway rowers. 
or railways, with convenient single or dtjuble tracks, com- 
mencing at such point in the city of Lowell, and thence Location. 
upon and over such streets or highways to such point or 
points in said city of Lowell, as maybe fixed and determined 
from time to time by the mayor and aldermen of said city, 
and assented to in writing by said corporation. 

Si-XTiON 2. Said railroad shall be operated by horse- iiorse-power. 
power only. 

Section 3. The capital stock of said corporation shall capital. 
not exceed the sum of one hundred thousand dollars, to be 
divided into shares of fifty dollars each. 

Section 4. Said cori)oration shall have power to purchase Reaiestate. 
and hold such real estate within said city of Lowell, as may 



488 



1863.— Chapter 172. 



City of Lowell to 
determine man- 
ner of tfonstruc- 
tioD, &c. 



May make regu- 
lations as to rate 
of speed, &c. 



Discontinuance 
of road in cer- 
tain cases. 



Repairs of high- 
ways. 

Damages. 
Lia,billty. 



Control of high- 
ways by munici- 
pality. 



Manner of cross- 
ing the tracks of 
other railroads. 



be necessary or convenient for the purposes and management 
of said railroad. 

Section 5. Said railroad shall be constructed and main- 
tained in such form and manner, and upon such grade, as 
the mayor and aldermen of said city of Lowell may prescribe 
and direct ; and whenever said corporation shall deem it 
necessary to alter the grade of any street so occupied by it, 
the assent of the mayor and aldermen to such alterations 
shall first be obtained, and the same shall be made at the 
sole expense of said corporation. 

Section 6. The mayor and aldermen of the city of Lowell 
shall have power, at all times, to make such regulations 
respecting the rate of speed and mode of use of said tracks 
as the public safety and convenience may require, and shall 
also have power, at any time after the expiration of one year 
from the opening for use of the tracks of said railroad in any 
of the streets or highways in which the same shall be laid, 
to determine that the said tracks, or any part thereof, shall 
be discontinued, and thereupon the location, as to such part, 
shall be deemed to be revoked ; and such part shall be forth- 
with taken up and removed, in conformity to the direction of 
the said mayor and aldermen, at the expense of said corpora- 
tion. But no such discontinuance of any part of said tracks 
shall be made, unless after due notice by the said mayor and 
aldermen to said corporation of the time and place at which 
said corporation may be heard in relation thereto, and the 
opportunity for such hearing shall have been granted. 

Section 7. Said corporation shall keep and maintain in 
repair such portion of all streets, highways and bridges, as 
shall be occupied by their tracks, and sliall be liable for any 
loss or injury that any person may sustain by reason of any 
carelessness, neglect or misconduct of its officers, agents or 
servants, in the construction, management or use of said 
tracks or road ; aiid in case any recovery shall be had against 
said city of Lowell, by reason of any defect, want of repair, 
or use of said tracks or road, said corporation shall be liable 
to pay to said city any sum thus recovered, together with all 
costs and reasonable expenditures incurred by said city in 
the defence of any suit in which said recovery shall be had. 

Section 8. Nothing in this act shall be construed to 
prevent the city authorities of said Lowell from taking up, 
altering or repairing, any of the public streets traversed by 
said railroad, for any purpose for which they may now law- 
fully do the same. 

Section 9. Said corporation in crossing all branches and 
lateral tracks of any other railroad company, shall cross in 



1863.— Chapter 17:5. 489 

such a inaiiiior as not to injure any of said tracks or 
branches, or the rails thercol", and shall insert no frogs 
tlicrein and niake no incisions into the rails thereof, Avithout 
the consent of said company. 

8i:cTioN 10. If any person shall wilfully and maliciously obstructing pun- 
ol)struet said corporation, or its agents, or servants in the 
use of said railroad and tracks, or the passing of the cars 
or carriages of said corporation thereon, or aid or abet in 
so doing, he shall be {)unishod by a fine not exceeding five 
huniired dollars, or by imprisonment in the common jail for 
a periud not exceeding three months, by any court of com- 
petent jurisdiction, after due prosecution by complaint or 
indictment and conviction thereof. If said corporation, or obstruction by 
its agents or servants shall wilfully and maliciously obstruct puXLed?"' 
any highway, or the passing of any persons or carriages 
over the same, said corporation shall in like manner be 
punislied by a fine not exceeding five hundred dollars. 

i^ECTiON 11. The city of Lowell, at any time after the city of Loweii 
expiration of ten years from the opening of said railroad for "e'^irs.purchas" 
nse, may purchase of said corporation all the franchise, ^'■'^°'''^'®^- 
proiterty, I'ights and furniture of said corporation, by paying 
therefor such a sum as will reimburse to each person who 
may then be* a stockholder therein, the par value of his 
stock, together with a net profit of ten per cent, per annum, 
for the time he shall have owned such stock, according to 
the books of said corporation, deducting all dividends 
received by said stockholder thereon. 

Section 12. Said corporation may fix, from time to Rates of fare. 
time, the fai-e of passengers, and shall have all the powers 
and piivileges, and be subject to all the duties, liabilities 
and restrictions, set forth in the sixty-eighth chapter of the 
General Statutes, and in all general laws which are or may 
be in force relating to horse i-ailroad corporations. 

Section 13. This act shall be void so far as it authorizes Acceptance of act 

., . , . i J • 1 •! 1 1 1 and construction 

the said corporation to construct said railroad, unless the of road. 
same shall be accented by said corporation and by the city 
council of said city of Lowell, and unless said railroad shall 
be constructed within two years from the time of such 
acceptance of this act by said city council. 

Section 14. This act shall take efi'ect upon its passage. 

Approved April 23, 1863. 

Ax Act in relation to the wkigiung of boileks and other r'h^m 1 "TO 

HEAVY ARTICLES. ^'^^P' ^ * "^ 

Be it enacted, §'c., ax follows : 

Section 1. The mayor and aldermen or selectmen of wci^hera to be 
any city or town where boilers and heavy machinery are L^/a^ndtovJ'ns.*^"" 



490 



1863.— Chapter 174. 



sold, shall appoint one or more persons, not engaged in the 
manufacture or sale thereof, to be weighers of boilers and 
heavy machinery, who shall be sworn to the faithful dis- 
charge of their duties, and shall receive such fees as may be 
ordered by the board appointing them, which shall be paid 
by the seller, and shall be removable at the pleasure of the 
appointing power. 

k?£CTiON 2. This act shall take effect upon its passage. 

Approved AprU 23, 1863. 



ChapA14: 



Upon default of 
payment of in- 
debtedness, bank 
may notify debt- 
or and publish 
notice. 



Payment being 
delayed beyond 
limitation, sale 
may ensue. 



Certificate of acts 
to be recorded by 
town or city clerk 
and be valid as 
evidence. 



An Act to enable banks to sell stock on which they have 

A LIEN. 

Be it enacted, Sfc, as follows : 

Section 1. Any bank which may have a lien on any 
share or shares of its stockholders, by vii-tue of any by-law 
of said bank or otherwise, for any indebtedness of its stock- 
holders, may at any time after default shall have been made 
in the payment of the sum for which the shares are held, or 
any part thereof, give notice to the owner of such sliares of 
its intention to enforce payment by a sale of the same, which 
notice shall state the time and place of tlie intended sale, 
and shall be served by leaving a copy thereof with the 
owner, or at his last and usual place of abode, if within the 
county in which the bank is situated, sixty days before tiie 
time fixed for the sale : and if he has no such place of abode 
witliin the county, said copy shall be sent him by mail at his 
last known place of residence, and shall also in all cases be 
published three successive weeks in one of the principal 
newspapers published in the city or town where the bank is 
situated, or if there is no such paper, in one of the principal 
newspapers published in the county ; the last publication to 
be at least thirty days before the time fixed for said sale. 

Section 2. If the debt for which said shares are held 
shall not be paid before the time fixed for the sale thereof, 
the bank may sell the same pursuant to said notice, at 
public auction, and the proceeds shall l^e applied towards 
the satisfaction of the debt or demand, and the expense of 
notice and sale ; and any surplus shall be paid to the party 
entitled thereto on demand. Tiie purcliaser shall be entitled 
to a certificate of the sliares bought by him. 

Section 3. The notice, with an affidavit of the person 
giving the same in behalf of the bank, setting fortii the acts 
in the premises fully and particularly as to the giving of said 
notice and the sale of the shares, shall be recorded in the 
office of the city or town clerk where the bank is situated, 
within thirty days after the sale, and when so recorded the 



1863.— Chapters 175, 176. 491 

oritriiKil notice ami allidavit, or an attested copy of tlie 
record thercot" shall be admitted as evidence that notice was 
duly given and sale duly made, if it shall appear therein 
that tlie provisions of this act have been complied with. 

Section 4. Nothing in this act shall be construed to contmotsnot to 
authorize any bank to sell and dispose of any stock contrary ®"""* • 
to the terms of any contract under which the same may be 
held. Approved April 23, 1863. 

An Act extending the powers of savings banks in relation fir -i ^^ 

TO INVESTMENTS. Lyfiap. i iO 

Be it enacted, cVc, asfolloivs : 

Section 1. Savings banks and institutions for savings, ^ay invest in 
in addition to the provisions of the General Statutes, chapter cities of n'. k.\ 
lifty-seven, section one hundi-ed and forty-two, may invest bomTs, and Ta*^ ' 
their deposits in the public funds of the state of New York, J'^'duW notes, 
the bonds or notes of the cities of the New England states, nties as coiiat- 
the first mortgage bonds of any railroad company incorpo- '"^'^' 
rated under the authority of this state, which is in posses- 
sion of and operating its own road, and which has earned 
and paid regular dividends for two years next preceding 
such investment, or in the bonds of any such railroad com- 
pany which is unencumbered by mortgage, or on the notes 
of any citizen of this state with a pledge as collatei*al of 
any of the aforesaid securities, or with a pledge as collateral 
of the stock of any of said railroad companies, at not over 
eighty per cent, of the market value, and at not over ninety 
per cent, of the par value of such stock. 

Section 2. No savings bank or institution for savings Limitation to in- 
shall hold both by way of investment and as security for cuS' ^°'^"'* 
loans, more than one-half of the capital stock of any corpo- 
ration, nor invest more than ten per cent, of its deposits, 
and not to exceed one hundi^ed thousand dollars in the 
capital stock of any corporation. 

Section 3. Savings banks and institutions for savings, May deposit on 
may deposit on call in banks incorporated under the (jommonwe"aith° 
authority of this state, and receive interest for the same, 
sums not to exceed twelve per cent, of the amount deposited 
in said savings banks. 

Section 4. The term railroad, as used in this act, shall iiorse railroads 
not be construed to include horse railroads. excepte . 

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

Approved April 23, 1863. 
An Act in aid of the families of drafted men, and for r^i^y. i 7^:; 

OTHER PURPOSES. K^nUp. i <0 

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

Section 1. Any city or town may raise money by tax or <^'"'^' ''"'^ '"""^ 

,, . . . 1 p .1 /• -i- 11 1 r. 1 may raise and ex- 

otiierwise, in aid oi the lamilies and dependants of those peua money. 



492 1863.— Chapters 177, 178, 179. 

persons who may be drafted and serve in the army of the 
United States, under the law passed by congress, entitled 
"An Act for enrolling and calling out the national forces, 
and for other purposes," and approved March the third, 
in the year one thousand eight hundred and sixty-three, in 
the same manner and under the same restrictions as money 
is raised and applied to the aid of families and dependants 
of volunteers, as prescribed in chapter sixty-six of the laws 
of the year one thousand eight hundred and sixty-two, and 
chapter seventy-nine of the laws of the year one thousand 
Reimbursement, eight huudrcd aud sixty-thrcc : and the provisions of said 
chapter in relation to reimbursement from the Common- 
wealth to the towns, shall be applicable to the aid thus 
furnished under the provisions of tliis act. 

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

Approved April 23, 1863. 

Chap. 177 "^^ -^^^ RELATING TO CRIMINAL JURISDICTION IN THE TOWN OF 
-* * HULL. 

Be it enacted, ^'c, as follows: 
Courts in Suffolk Tlic courts lu tlic couuty of Suffolk, concurrently with the 
jurisdiction. "^ " courts of the county of Plymouth, shall have jurisdiction of 
all crimes, offences and misdemeanors, committed in those 
portions of the town of Hull, in the county of Plymouth, not 
embraced within the provisions of the tenth section of the 
seventeenth chapter of the General Statutes. 

Approved April 23, 1863. 

Chap. 178 -^^ -^CT IN RELATION TO FIELD-DRIVERS. 

Be it enacted, Sfc, as follows : 
Fee for driving Scctiou twcnty-tlurd of chapter twenty-fifth of the General 
Statutes, is so far amended, as to make the fees of the field- 
drivers fifty cents per head for driving swine to the pound. 

Approved April 23, 1863. 

Chan 179 "^^ ^^^ relating to the sealing of weights and measures. 
Be it enacted, S^'c, as follows : 

Upon neglect of SECTION 1. Thc rcspectlve sealers of weights and meas- 
sim"nvisitTtorea in'cs iu thc scvcral cities and towns are authorized and 
and houses. required to go to the houses, stores and shops of all such 
persons within their respective cities and towns using weights 
and measures for the purpose of buying and selling, as shall 
neglect to bring in their weights, measures, milk-cans, bal- 
ances, 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 



1863.— Chapter 180. 493 

the same, or send tlic same to his office to be adjusted and 
sealed, and shall be entitled to receive therefor the fees Fees, 
provided by law, together with all the expense of removing 
the same. 

Section 2. If any such person shall refuse to have his Pe"aity for rcfu- 

. , , • 1 , 1 1 1 1 sal to allow ad- 

measures, muk-cans, weights, balances, scales or beams so justmcut. 
tried, adjusted and sealed, the same Jiot having been tried, 
adjusted and scaled within one year preceding such 
refusal, he shall forfeit ten dollars for each offence, one-half 
to the use of the city or town, and one-half to the use of the 
sealer of weights and measures. 

Section 3. If any person shall alter any weight, measure, ^do^ *^ft7/g^'I 
milk-can, scale, balance or beam, after the same shall have ing. 
been adjusted and sealed, so that the same thereby shall not 
conform to the public standard, and shall fraudulently make 
use of the same, he shall forfeit for each offence the sum of 
fifty dollars, one-half to the use of the city or town and one- 
half to the use of the complainant. And any sealer when he Examination to 
shall have reasonable cause to believe that any weight, pected. 
measure, milk-can, scale, balance or beam has been altered 
since the same was last adjusted and sealed, is authorized 
and required to enter the premises in which any such weight, 
measure, milk-can, scale, balance or beam is kept or used, 
and examine the same. 

Section 4. The city council of any city may by ordi- arirSafers^^' 
nance, and any town may by by-law, provide that the sealer 
of weights and measures for their respective city or town be 
paid l)y a salary, and that he account for, and pay into the 
treasury of the city or town, the fees received by him by 
virtue of his office. 

Section 5. The mayor and aldermen of any city are ^^^^^'^^ ^'^°^ 
authorized to remove the sealer of weights and measures at 
any time they may see fit. 

Section 6. No milk-can shall be sealed by any sealer wnk-cans not to 

. ''.,'' contain fraction- 

which does not contain one or more quarts w^ithout any ai parts. 
fractional part of a quart. 

Section 7. This act shall not take effect in any city or Act when in 

lorcB. 

town until it shall have been accepted by the city council of 
such city, or l>y the inhabitants of such town, at a legal 
meeting. Approved April 23, 1863. 

An Act RELATING TO THE TRIAL OF ISSUES OF FACT. CkaV 180 

Be it enacted, §'c., as follows: 

Section 1. In the trial of any cause before a jury in Law decisions 

., .,.., •' . ..1 ' • J' and instructions 

the supreme judicial court or superior court, tlie presiding to jury to be in 
justice shall, immediately after the decision by him of any ^"""s- 
25 



494 1863.— Chapters 181, 182, 183. 

question of law raised during the progress of the trial, reduce 
to writing such decision, and shall also, before the jury retire 
to consider the cause, reduce to writing all instructions 
given the jury on any question of law relating to the issues 
submitted to them ; and all such decisions and instructions 
shall be forthwith filed in the case for the benefit of the 
parties. 
Exceptions may SECTION 2. lu the trial of any cause before a jury in 
ly. ""* ^ ^" ''■ either of said courts, neitlier party shall be required to allege 
his exceptions in writing to the rulings, charge or instruc- 
tions of the presiding justice before the jury retire to consider 
the cause. Approved April 23, 1863. 

Chap. 181 -^^ -^^"^ "^^ INCREASE THE SALARY OF THE ADJUTANT-GENERAL. 

Be it enacted, Sfc, asfolloivs: 
Increased to SECTION 1. Thc adjutaut-gcneral shall receive a salary of 

' ■ two thousand dollars a year, which shall be in full payment 

of all services rendered as such officer. 

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

Approved April 25, 1863. 

ChctD 182 -^^ -^^^ RELATING TO BILLS OF EXCHANGE AND OTHER CONTRACTS. 

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

Grace to expire SECTION 1. The scvcntli scctiou of the fifty-third chapter 
spJcilTFast M of the General Statutes, is hereby so far amended, as to 
Thanksgiving, includc any fast or thanksgiving day appointed or recom- 
mended by the governor of this state, or by the president of 
the United States. 

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

Approved April 27, 1863. 

Chat) 183 '^^ '^^^ ^^ RELATION TO THE DISTRICT OF MARSHPEE. 

Be it enacted, ^'c, as follows : 
Troprietors may SECTION 1. The proprietors of the District of Marshpee, 
of diltrici!!''*""'^ qualified according to law to vote in the affairs of said dis- 
trict, may choose annually by ballot, at a legal meeting of 
such proprietors called for that purpose, one of their own 
number, or a white person not a proprietor, to be treasurer 
of tlie district, to perform all the duties now imposed by law 
upon the treasurer of Marshpee and Herring Pond Planta- 
tion, so far as the same relate to the District of Marshpee ; 
Qualification and and the pcrsou SO choscu shall be sworn to the faithful per- 
bouas. formance of the duties of said office, and shall give bond to 

the proprietors of said district, in such sum and with such 
sureties as the selectmen of said district for the time being 
shall approve. 



1863.— Chapter 184. 495 

Section 2. Upon the choice and qualification of such Tro". of Marsh- 

„-., ITT- T»] I"-'" '^"" Herring 

treasurer, the treasurer or Marshpec ana Jtiernng 1 onu I'ond plantation 
Plantation tiien in ollice, shall transfer to him the property erty^Txrdu'ties 
and etlocts in his hands belonging to said district; and °^^^"^'*J"«'>p««t° 
thereupon the duties of said treasurer of Marshpee and Her- 
ring Pond Plantation, so far as they relate to the affairs of 
the District of Marshpee, shall cease ; but such treasurer 
of Marshpee and Herring Pond Plantation shall continue to 
perform all duties required of him by law relative to the 
affairs of Herring Pond Plantation, according to the tenor 
of his commission. Upon the expiration of his term of Treasurer of iier- 
office, the governor, with the advice and consent of the coun- a"lfointe°dby°gov*- 
cil, shall appoint some person resident in the county of *"'"°'"- 
Barnstable, to be treasurer of Herring Pond Plantation, 
whose duties, obligations, and term of office shall be the 
same now provided in reference to the treasurer of Marshpee 
and Herring Pond Plantation. 

Section 8. This act shall take effect on the first day of Act when accept- 

-, r , . , • 1 , 1 T 1 1 • i p ed, to be in force 

March, m the year eighteen hundred and sixty-iour, pro- March i,i864. 
vided the same shall be accepted by the vote of a majority 
of the legal voters of the District of Marshpee, at a meeting 
held for that purpose, previous to said first day of March. 

Section 4. So much of the existing laws relating to the Repeal. 
District of Marshpee as are inconsistent with this act, are 
hereby repealed. Approved April 27, 1863. 

An Act concerning the industrial school for girls at lan- Chap. 184 

CASTER. 

Be it enacted, ^'c, as folloios : 

Section 1. The governor and council upon application Governor, upon 
of the trustees of the industrial school for girls at Lancaster, tees, may extend 
may extend the time during which such girls may be retained *"''"*■ 
within the institution for further discipline and instruction, 
until they are twenty-one years old ; but nothing in this act Trustees may dis- 
shall prevent a discharge from the institution between the '"""^^''' 
age of eighteen and twenty-one years, if the trustees shall so 
determine. 

Section 2. In all cases where girls are discharged from shaii act as guar- 
said institution under twenty-one years of age, and who have cases^. 
no parents or guardian, the trustees shall act as guardians 
for said girls, with all the power and authority provided in 
chapter one hundred and nine of the General Statutes. 

Approved April 27, 18G3. 



496 1863.— Chapters 185, 186. 

Char) 1S5 "^^ '^^^ ^■^ addition to an act to incorporate THK AMERICAN 
J * BOARD OF COMMISSIONERS FOR FOREIGN MISSIONS. 

Be it enacted, ^'c, as fol'oics : 

Real estate, l^^ECTiON 1. The American Board of Commissioners for 

SS30 000 

' ' Foi'eign Missions are hereby authorized to take, receive, have 

and hold, in fee simple or otherwise, lands, tenements or 
hereditaments, by gift, grants, or otherwise, for the purposes 
of their organization, not exceeding the yearly value of thirty 
thousand dollars, and may also take and hold, by donation, 

$5o''ooo' *^'^''^' 'L'equest, or otherwise, personal estate to an amount the 
yearly income of which shall not exceed fifty thousand dol- 
lars, any thing in their act of incorporation to the contrary 
notwithstanding. 

Appropriation of SECTION 2. Said Americau Board of Commissioners for 
Foreign Missions shall not be under obligation, by reason 
of the seventh section of their act of incorporation, to 
appropriate any part of the income of their funds to defray 
the expense of imparting the holy scriptures to unevangel- 
ized nations in their own languages, unless they shall deem 
it advisable so to do, or shall be so required by the express 
terms of any grant, donation or bequest made to them. 
Section 3. This act shall take effect upon its passage. 

Approved April 27, 1863. 



2gg An Act in addition to the act to incorporate the Massachu- 
setts institute of technology. 



Chap. 

Be it enacted, ^c, as follows : 

^■wTmleT^Xi Section 1. When the Massachusetts Institute of Tech- 
of 1861, '62, '(53, nology sliall have been duly organized, located and estab- 
come'^under let Hshcd, ill conformity with the provisions of chapter one 
of Ttos^^'accep^ buudrcd and eighty-three of the acts of the year eighteen 
lug same, to be huudrcd aud sixty-one, and chapter one hundred and forty- 
institute, two of the acts of the year eighteen hundred and sixty-two, 
and as is hereinafter provided, there shall be appropriated and 
paid to its treasurer, each year, on the warrant of the gov- 
ernor, for its endowment, support and maintenance, one-third 
part of the annual interest or income which maybe received 
from the fund created under and by virtue of the one hun- 
dred and thirtieth chapter of the' acts of the thirty-seventh 
congress, at the second session thereof, approved July second, 
in the year eighteen hundred and sixty-two, and the laws of 
this Commonwealth, accepting the provisions thereof and 
relating to the same. 
Institute to pro- SECTION 2. Said lustitutc of technology, in addition to 
in muitary'^tac- tlic objccts sct forth iu its act of iucorporatiou, — to wit, insti- 
*"'*• tuting and maintaining a society of arts, a museum of arts, 



18()3.— CiiArTERs 187, 188. 497 

and a school of industrial science, and aiding tlic advance- 
ment, development and practical application of science in 
connection with arts, agriculture, manufactures and com- 
merce, — shall provide for instruction in military tactics ; 
and in consideration of this orant, tlie governor, the chief po^ernor, chief 

^ , . ,. r, ' ° 1 , . „ JUS. S. J. C, and 

justice or the su})rcme judicial court, and the secretary oi sec board of edu- 
the board of education, shall bo each a member, e.r o///f«o,of hlig^eJ'oJ/uio"^' 
the government of the institute. 

Sectiox 3. Should the said corporation, at any time, S'l^pensionofin- 

.. .. ^ TPi stitute to with- 

cease or fail to maintain an institute, as and for the purposes hoidaid. 
provided in its act of incorporation, and in the foregoing 
section, the aid granted to it by the first section of this act 
shall be withheld, and not paid to it. The institute shall Report. 
furnish to the governor and council a copy of the annual 
reports of its operations. 

Section 4. This act shall be void, unless the said insti- Act void unless 

„,, 111 1 1-1 i- accepted and no- 

tute 01 technology shall accept the same, and give due notice tice given. 
thereof, to the secretary of the Commonwealth, on or before 
the first day of July next. Approved April 27, 1803. 

As Act to confirm certain acts done by benjamin d. hyde as QJiQn ^87 

.JUSTICE OF THE PEACE. "' 

Be it enacted, ^'c, as follows : 

Section 1. All acts done by Benjamin D. Hyde, of Stur- 
bridge, in the county of "Worcester, esquire, as a j'ustice of 
the peace within and for said county, between the twenty- 
fifth day of January, in the year eighteen hundred and 
sixty-three, and the eighth day of April of the same year, 
shall be and they hereby are, 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 April 27, 1863. » 

An Act authouizing the milford and woonsocket railroad QJicm^ 188 

COMPANY TO CROSS CERTAIN HIGHWAYS AT GRADE. ^ 

Be it enacted, ^'c, as follows : 

The Milford and "Woonsocket Railroad Company is hereby May cross in mii- 
authorized to construct its road at grade across tiie follow- ham.""*^ J^«""is- 
ing highways, to wit: Depot and JHoward Streets, in tlie 
town of Milford, and the main road from South Milford to 
West Medway, in the town of Bellingham. 

Approved April 27, 1863. 



498 1863.— Chapters 189, 190. 

Chap. 189 -^^ -^^"^ "^^ AUTHORIZE GIDEON BOWLY AND JOSHUA E. BOWLY TO 
■^' EXTEND THEIR WHARF IN PKOVINCETOWN. , 

Be it enacted, Sf'c, as follows: 

Chapter fifty-one of the acts of the year eighteen hundred 
and forty-nine is hereby so amended, as to authorize Gideon 
Bowly and Joshua E. Bowly to extend their wharf in Prov- 
incetown, to a point at which there shall be not exceeding 
ten feet of water at low tide. Approved April 27, 1863. 

Chap. 190 ■A.N Act concerning fence- viewers. 

Be it enacted, §r., as folloios: 

Viewers may de- SECTION 1. Fence-viewcrs, when called to act under the 

termine upon ne- .. /»,• i ,/- p ,^ r^ i 

cessity of parti- provisious 01 scctiou tcn, chaptcr twenty-rive oi the General 
des^gnateuie*"'^ Statutcs, sliall liavc powcr to determine whether a partition 
fence is required between the lands of tlie respective occu- 
pants, and may, when the division line between their lands 
is in dispute, or unknown, designate a line on which the 
fence shall be built, and may employ a surveyor therefor, if 
Designation to be uccessary ; and such line shall, for the purpose of maintain- 
otherwisedecreed i"g ^ fcucc, be dccmcd tlic divisiou line between such lands, 
until it shall be determined by judicial proceedings, or 
othervs^ise, that the true line is in another place ; and until 
so determined, all provisions of law relating to the erection, 
maintenance and protection of fences, shall be applicable to 
the fence erected, or to be erected, on such line. 
Fence to be re- SECTION 2. If, after a fcucc has been made upon a line 
d^r "estrbu^h- thus designated, it shall be determined by judicial proceed- 
mentof line. mgs^ OY othcrwisc, that the true division line is in another 
place, each occupant shall remove his part of the fence to, 
Proceedings in and rebuild the same on such line ; and in case of neglect 
compliance""" or rcfusal by either party to remove and rebuild his share 
thereof, the other may apply to two or more fence-viewers, 
who, upon such application, shall view the premises and 
assign a time within which the fence shall be removed and 
rebuilt, and give the delinquent party notice thereof; and if 
such party does not remove and rebuild the fence within 
the time so assigned, the other party may remove and 
rebuild the same, and recover double the expense therefor, 
together with the fees of the fence-viewers, to be ascertained 
and recovered in the manner provided in section four, 
chapter twenty-five, of the General Statutes. 

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

Approved April 27, 1863. 



1863.— CHArTERs 191, 192, 193. 499 

An Act concerning sidewalks in the city of Cambridge. Chap. 191 
Be it enacted, ^t., as follows : 

Whenever the mayor and aldermen of the city of Cam- Mayor and ai- 
bridge sliall deem it expedient to construct sidewalks, or con"tructXn 
comjilotc any partially constructed sidewalks, in any street |i|^^^"'«'i ^xpedi- 
of said city, they are hereby authorized to construct or com- 
plete such sidewalks with edge-stones, and in front of build- 
ings or occupied premises to cover the same with brick or 
flat stones ; and they are further authorized to cover such 
sidewalks, in front of vacant lots of land, with brick, fiat 
stones, or plank supported by timber ; and the expense of Assessment upon 
such edge-stones and covering materials shall be assessed j'i'j;;""" *° ^' * 
upon the abutters in just proportions, and shall constitute a 
lien upon the abutting lots of land, and be collected in the 
same manner as taxes on real estate now are ; and such Bnrk or stone 
sidewalks, when constructed and covered with brick or fiat laLed by ci^!'°' 
stones, as aforesaid, shall afterwards be maintained at the 
expense of the city. Whenever any such sidewalk shall be 
covered with brick or flat stones, there shall be deducted 
from the assessment therefor any sum which shall have been 
previously paid the city by the abutter, for any plank covering 
of the same. ^ Approved April 27, 1863. 

Ax Act concerning sidewalks in the city of Springfield. Chap. 192 
Be it enacted, §'c., as folloivs : 

Section 1. The city council of the city of Springfield city council may 

... 1 . ■' , • x" ii 1 1- desifrnate limits 

may by joint resolution set apart such portion oi tlie public and localities. . 
streets within its limits, as sidewalks, for the accommodation 
of foot passengers, as public convenience requires ; and may. Removal of snow 
by ordinance or by-law, compel owners or occupants of ^°*^ "^^^ 
abutting lands to remove the snow and ice from such side- 
walk in front of their lands. 

Section 2. The exercise of the power given in the constmctiod and 

-. ,. 1 11 . j' ii -J -J. •^ alterations, couu- 

preceding section shall not prevent tlie said city council cii may deter- 
from making any alteration in such sidewalks or from ^'"^^■ 
compelling the owners of abutting lands to construct said 
sidewalks of such materials as the public good requires. 

Approved April 27, 1863. 

An Act relating to enrollment of the militia. Chap. 193 

Be it enacted, ^'c, as follows : 

Section 1. Every able-bodied male citizen resident with- no awe-bodied 
in this Commonwealth, lial)le to enrollment J)y the laws of ""^*" ^^""'p'" 
the United States, shall be enrolled in the militia. 

Section 2. All acts and parts of acts inconsistent here- Repeal. 
with are hereby repealed. 

This act shall take effect upon its passage. 
Approved April 27, 1863. 



500 1863.— Chapters 194, 195, 196, 197. 

ChttV 19-4 "^^ ^^^ ^^ AUTHORIZE THE TRUSTEES UNDER THE WILL OF CALEB 
^ ' FRENCH, LATE OF BRAINTREE, DECEASED, TO SELL REAL ESTATE. 

Be it enacted, ^'c, as follows: 

Minister and dea- SECTION 1. The minister aiid deacons of the first church 

cons may seU. . -r> n /-i i 

in Braintree, trustees under the wilr of Caleb French, 
deceased, are hereby authorized to sell certain real estate 
held by them in trust under said will, and to execute any 
and all conveyances necessary to complete said sale, freed 
from said trust. 
^enaT/' ^"^ ^^' Section 2. The proceeds of said sale shall bepermanently 
and safely invested by said trustees, and the income only 
shall be expended in the manner provided in said will, and 
for carrying out the uses and trusts therein contained. 
Section 3. This act shall take effect upon its passage. 
, Approved April 27, 1863. 

Chap. 195 ^^ ^'^'^ CONCERNING THE MALDEN AND MELROSE GAS-LIGHT COM- 
PANY. 

Be it enacted, ^"c, as follows: 

h^I ^of ^'m'siS Section 1. The Maiden and Melrose Gas-Light Company 

River. ai'C hereby authorized to lay their pipes in the bed of the 

Mystic River at the Medford bridge, under such restrictions 

and regulations as may from time to time be imposed by the 

Proviso. selectmen of Medford : provided, that nothing shall be done 

to interfere with the navigation of said river. 

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

Approved April 27, 1863. 

ChCip. 196 -^^ -^^"^ '^^ INCREASE THE CAPITAL STOCK OF THE BOSTON SUGAR 
^ REFINERY. 

Be it enacted, ^'c, as follows: 
Increase of Thc Bostou Sugar Rcfincry is hcrcby authorizcd to incrcasB 

thorized. ^"' its Capital stock, by adding thereto a sum not exceeding five 
hundred thousand dollars, and to invest such additional 
capital in real or personal estate, as may be necessary and 
convenient for carrying on the business of the corporation : 
Proviso. provided, that no shares in the capital stock hereby author- 

ized shall be issued for a less sum or amount, to be actually 
paid in on each, than the par value of the shares first issued. 

Approved April 27, 1863. 



Chan 197 ^^ -^^"^ CONCERNING POLICE COURTS, AND THE POLICE COURTS O'F 
i^' THE CITIES OF BOSTON AND CHELSEA. 

Be it enacted, S^c, as follows: 

Auditor, consent Section 1. Justiccs of poHcc courts sliall liavc no power 
quired!'^^ ""^ '^" to sciid auy casc to an auditor, unless both parties shall 
assent thereto in writing. 



1863.— CiiAiTEiis 198, 199, 200. 501 

Section 2. The juristlictioii of the police courts in the civii jurisdiction 
cities of Boston and Chelsea respectively, in civil actions and duaej!p'8.° ** 
proceedings so far as it now extends, shall exclude that of 
justices of the peace within and for the county of Suffolk. 

Approved April 27, 1863. 

An Act ix relation to the election of moderators of town Chap. 198 

MEETINGS. 

Be if enacted, iS'c, as follows : 

In the election of moderators of town meetings, held for check-iist re- 
the choice of town officers, the check-list shall be used. 

Approved April 27, 1863. 



quired. 



Chap, 199 



An Act concerning the record of commitments to the reform 

AND industrial SCHOOLS. 

Be it enacted, Sfc, asfolloics: 

Every judge of the probate court or superior court, before Judge or commis- 

1 , ., ,, 1 ,, .. Pii sioner to trans- 

"whom any boy is brought, under the provisions ot the mit record to su- 

seventeenth, twenty-first and twenty-second sections of the Kto^reserve'! 

seventy-sixth chapter of the General Statutes, and every 

judge of the probate court, or any commissioner, before 

whom any girl is brought, under the provisions of the sixth, 

ninth and tenth sections of the seventy-fifth chapter of the 

General Statutes, shall make a brief record of his doings in 

the premises, and transmit the same, with all the papers in 

the case, to the superior court for criminal business in the 

county in which such proceedings are had ; and the clerk 

thereof shall file and preserve the same in his office. 

Approved April 28, 1863. 

An Act concerning registers of deeds. Chat). 200 

Be it enacted, Sfc, asfolloics: 

Section 1. When a register of deeds dies or is removed, succeeding regis- 
leaving deeds and other instruments entered in his office unfini*shed.™^iec- 
uni-ecorded, and records unattested, and also deeds and '"^'^^• 
other instruments recorded but unattested, his successor 
shall record and attest such unrecorded deeds and instru- 
ments conformably to the entry thereof, and shall attest such 
records and deeds and other instruments remaining unat- 
tested, agreeably to the facts, and in conformity with records 
and books of entry in the office ; and all records and certifi- 
cates, so made and attested sliall be deemed valid and effec- 
tual for the purposes for which the same were made. 

Section 2. In case of the death or disability of a register cierkmay act in 
of deeds, the person then acting as clerk in the office shall msabiuty'^of reg- 
receive and enter all deeds, instruments and papers in the ^'"• 

2Q 



502 1863.— Chapters 201, 202, 203. 

proper books of the oflEice, as required by sections ninety- 
two and ninety-three of chapter seventeen of the General 
Statutes, until the vacancy is filled or the disability removed. 
Existing vacan- SECTION 3. The provisiou of the first section shall be 
cies.ac oappy. j^^^^ ^^ apply to cases when the death of a register of deeds 
occurred previous to the passage of this act. 

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

Approved April 28, 1863. 

Chap. 201 -^^ -^CT IN RELATION TO CONTRACTS FOR THE PAYMENT OF MONEY 
WITHOUT THE LIMITS OF THE UNITED STATES. 

Be it enacted, ^c, as follows: 
Current rate of SECTION 1. Li auv actlou ou a coutract, for the payment 
termine Taiuc. of moucy without tlio Hmits of the United States, other 
than bills of exchange, the debt or damage recovered by 
the creditor shall be determined by the current rate of 
exchange, when such contract fell due, and to this, interest 
shall be added from said period, 
amended^*^'"''"' SECTION 2. The eleventh section of the fifty-third chap- 
ter of the General Statutes is amended, by striking out the 
words " excepting places in Africa beyond the Cape of Good 
Hope, and places in Asia and the islands thereof," and the 
twelftli section of said chapter is hereby repealed. 

Section 3. This act shall not apply to any contract now 
existing. Approved April 28, 1863. 

Chap. 202 An Act to incorporate the ocean mutual insurance company. 
Be it enacted, Sfc, as follows : 

Corporators. William H. Taylor, Pardon Tillinghast, Thomas Cook,- 

their associates and successors, are hereby made a corpora- 

^»'i®- tion by the name of the Ocean Insurance Company, to be 

established in the city of New Bedford, for the purpose of 

Powers and du- insuring agaiust fire and maritime losses ; and for that pur- 
pose shall have all the powers and privileges, and be subject 
to all the duties, restrictions and liabilities, set forth in the 
fifty-eighth chapter of the General Statutes, so far as the 
same is applicable to mutual fire and marine insurance 
companies. Approved April 28, 1863. 

Chap. 203 An Act to incorporate the south American steam-ship com- 
pany. 

Be it enacted, Sfc, as follows : 
Corporators. SECTION 1. Daniel Deshon, Paul Curtis, Daniel W. Lord, 

their associates and successors, are hereby made a corpora- 
Title, tion by the name of the South American Steam-ship Com- 
Powers and du- pany, witli all the powers and privileges, and subject to all 
***'■ • the duties, restrictions and liabilities, set forth in the general 



186;J.— CHArxEii 204. 503 

laws, which now arc or may hereafter be in force relative to 
such corporations. 

Section 2. Said corporation is hereby authorized and Mayownorchar- 

1 I .1 1 1 1 i 111 1 ter steam-ships 

empowered to build, purchase, charter, hold and convey and navigate 
steam-ships, and to navigate the ocean therewith, between any "'=''*''• 
port in this Commonwealth, and any of the ports of South 
America, with liberty to touch at New York and any of the 
AVest India Islands ; and said corporation may let by charter May let eiiips by 
one or more of their steam-ships to any person, provided '^^^'^''ter. 
such charter does not prevent said corporation from comply- 
ing with the terms of this act ; and said company may also, 
by charter, let any or all of their steam-ships to the United 
States of America, without any restriction as to the service 
in which said vessels may be employed. 

Section 3. The capital stock of said corporation shall capital stock and 
not exceed one million of dollars, and shall be divided into ^'''""^^" 
shares of the par value of one hundred dollars each ; and 
said corporation shall have power to assess from time to time, 
upon such shares, such sums as may be deemed necessary to 
accomplish the object of said corporation, not exceeding the 
par value of such shares ; no certificate of stock to be issued 
until the par value thereof has been actually paid in. 

Section 4. If said corporation shall not within two years conditions of va- 
from the passage hereof, have been organized and have col- ^"^'*^ °^ ^'^^' 
lected assessments of not less than ten percent, of its capital 
stock, and shall not within three years from the passage of 
this act, have employed two steam-ships to navigate the ocean 
between some port or ports of this Commonwealth and some 
of the ports of South America ; or if said company shall 
thereafter wholly fail — unless prevented by war with foreign 
powers — for the period of one year, to employ two steam- 
shij)s for said purpose, or if said company shall fail to comply 
with the other conditions of this act, then this act shall be 
null and void. , 

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

Approved April 28, 18G3. 



An Act concerning the re-location of streets and ways in 

THE city of SPRINGFIELD. 



Chap. 204 

Be it enacted, Sfc, as follows: 

Section 1. When the city council of the city of Spring- j^j^Jt^^^new ""^^ 
field deem it necessary to locate anew a street or way in said 
city, either for the purpose of establishing the boundary 
lines of such street or way, erecting monuments thereon or 
of making alterations in the course or width thereof, they 
may so locate such street or way, giving notice, and pro- 



504 1863.— Chapters 205, 206, 207. 

ceeding in the manner prescribed by law for laying out and 
establishing streets or ways in said city. 
Damages to be SECTION 2. Any pcrson sustaining damages in his prop- 
paid. ^ ° erty by the location of a street or way, as provided in the 
preceding section, shall have his compensation ascertained 
and paid in accordance with the provisions of the General 
Statutes in respect to the laying out, altering and discon- 
tinuing of streets and ways. Approved April 28, 1863. 

Chap. 205 -^ ^^'^ ^^ ADDITION TO AN ACT TO AUTHORIZE THE DORCHESTER 
AND MILTON BRANCH RAILROAD COMPANY TO EXTEND ITS RAIL- 
ROAD. 

Be it enacted, ^'c, as follows : 

extended''"'*""^ ^^^^ ^^"^® ^^^ locatiug and constructing the extension of 
the Dorchester and Milton Branch Railroad, as authorized 
by the fifty-first chapter of the acts of the year eighteen 
hundred and sixty-one, is hereby extended two years beyond 
the time designated in said act. Approved April 28, 1863. 



Chap. 206 



An Act in addition to an act to incorporate the dighton and 

SOMERSET railroad COMPANY. 

Be it enacted, §'c., as follows : 
May cross high- The Dightou and Somerset Railroad Company is hereby 

way m Somerset. ^i-i. , ,-, -, , i .ii-i 

authorized to construct its road, at grade, across the high- 
way in the town of Somerset, leading westerly from the 
village in said town, to the house of Philip Bowers. 

Approved April 29, 1863. 



Chap. 207 



An Act to incorporate the merrimack valley horse railroad 

COMPANY. 

Be it enacted, Sfc., as follows : 

Corporators. SECTION 1. William H, P. Wright, Gcorge D. Cabot, and 

William R. Spaulding, their associates and successors, are 
hereby made a corporation by the name of the Merrimack 
Valley Horse Railroad Company, with power to construct, 
maintain and use a railroad, with convenient single or double 

Location. tracks, from such point or points in the city of Lawrence, 

and in the towns of Andover, North Andover and Methuen, 
and upon and over such streets and highways in said city 
and towns respectively, as the mayor and aldermen of said 
city and the selectmen of said towns respectively may, from 
time to time, fix and determine, with the assent of said cor- 
poration in writing, filed with the city clerk of said city and 

Tracks, how laid, the selectmcii of Said towns respectively. The tracks of said 
railroad shall be laid at such distances from tlie sidewalks in 
said city and towns, as tlie mayor and aldermen of said city, 
and the selectmen of said towns shall respectively, in their 



1863.— Chapter '207. 505 

orders fixiiip; the route and location of said railroad, deter- 
mine. Said corporation shall have power to fix, from time Ratcgof fare, 
to time, such rates of compensation for transporting persons 
and property as they may think exj)edient: but the rate of 
passenger fare shall not exceed five cents per mile for each 
passenger, and no property shall be transported at such times Transportation. 
or in such manner as to interfere in any way whatever with 
the transportation of passengers. Said corporation shall Powers and du- 
have all the powers and privileges, and be subject to all the 
duties, liabilities and restrictions, set forth in the sixty-eighth 
chapter of the General Statutes, and in all general laws 
which are or may be in force relating to horse railroad 
corporations. 

Section 2. Notice to abutters on streets and highways, Abutters to be 
in which it is proposed to lay the tracks of said corporation, ''°"'^'''^- 
shall be given, by publishing in such newspapers as the 
mayor and aldermen of said city, and the selectmen of said 
towns, shall respectively determine, and also by posting in 
three public places in said city and in each of said towns, 
notice of the proposed location, and of the time and place of 
hearing thereon, fourteen days, at least, before the same 
shall be made ; and said abutters may then and there appear May appear in re- 
and show cause, if any there be, why said railroad should ™°°=*'''^°'=«- 
not be so located and constructed. 

Section 3. Said tracks or roads shall be operated and used Motive power and 
with horse-power only. The selectmen of said towns, and ^^^^ °^ ^p^'^^- 
the mayor and aldermen of said city, shall have power at all 
times to make all such regulations as to the use of the tracks 
and the rate of speed, within the limits of their respective 
jurisdictions, as the public convenience and safety may 
requii-e. 

Section 4. Said corporation shall keep and maintain in Highways, repair 
repair such portion of the streets, highways and bridges °" 
respectively as is occupied by their tracks, and shall be liable liability for con- 

r 1 • • 1^ j^ 'l • t c duct of agents. 

lor any loss or nijury tliat any person sustains, by reason oi 
the carelessness, neglect or misconduct of any of its agents 
and servants, in the management, construction or use of said 
roads or tracks ; and in case any recovery is had against Recovery of dam- 
either of said towns or city by reason of such defect or want *^^^' 
of repair, said corporation shall be liable to pay such towns 
or city respectively or either of them any sums thus recov- 
ered against tiiem, together with all costs and reasonable 
expenditures incurred by them respectively, in the defence 
of any such suit or suits in which said recovery is had ; and 
said corporation shall not use any portion of the streets or ' 

highways not occupied by said roads or tracks. 



506 



1863.— Chapter 207. 



Penalty for ob- 
structing corpo- 
ration. 



Obstruction by 
corporation. 



Capital, 



Construction and 
grade of road. 



Re-grading 
Streets. 



Proviso. 



Construction of 
act. 



Municipal au- 
thorities may, 
after one year, 
revoke location 
and remove 
tracks. 



Section 5. If any person shall wilfully and maliciously 
obstruct said corporation in the use of said road or tracks, 
or the passing of cars or carriages of said corporation there- 
on, such person, and all who aid or abet therein, shall be 
punished by a fine not exceeding five hundred dollars, or by 
imprisonment in the common jail for a period not exceeding 
three months. 

Section (3. If said corporation, or its agents or servants, 
shall wilfully and maliciously obstruct any highway, or the 
passing of any carriages over the same, said corporation 
shall be punished by a fine not exceeding five hundred 
dollars. 

Section 7. The capital stock of said corporation shall 
not exceed one hundred thousand dollars, to be divided 
into shares of one hundred dollars each. 

Section 8. Said corporation shall have power to pur- 
chase and hold such real estate within said towns or city, or 
either of them, as may be convenient or necessary for the 
purposes for which it is incorporated. 

Section 9. The said road shall be constructed and main- 
tained in such form and manner, and upon such grade, as 
the mayor and aldermen of said city, and the selectmen of 
said towns, respectively, in their votes fixing and determin- 
ing the route and location thereof, as aforesaid, prescribe 
and direct ; and whenever, in the judgment of said corpo- 
ration, it is necessary to alter the grade of any street so 
occupied by it, such alteration may be made at the sole 
expense of said corporation : provided^ such alteration shall 
be assented to by the selectmen of the town within which 
the same is to be made. 

Section 10. Nothing in this act shall be construed to 
prevent the selectmen of either of said towns, or the mayor 
and aldermen of said city, from entering upon and taking 
up. any of the public streets or highways traversed by said 
railroad, within their respective limits, for any purpose for 
which they may now lawfully take up the same. 

Section 11. At any time after the expiration of one 
year from the opening for use of the tracks of said railroad, 
in any street or road in which the same is located, as pro- 
vided by its charter, the selectmen of said towns and the 
mayor and aldermen of said city, respectively, may deter- 
mine as to so much of said tracks as is located within their 
respective limits, that the same or any part thereof be dis- 
continued : and thereupon the location shall be deemed to 
be revoked, and the tracks of said railroad shall be forth- 
with taken up and removed, in conformity with the order 



1863.— Chapter 208. 507 

of said selectmen and mayor and aldermen, respectively ; Expense. 
and such taiving up and removal shall be at the expense of 
said railroad corporation. 

Section 1"2. The towns of Andover, North Andover Towns, after ten 
and Methuen, and the city of Lawrence, or eitiier of them ;Vm"' "%perty 
may, at any time after the expiration of ten years from the """^ ^''^'''^''^''^^■ 
opening of any part of said road for use, purchase of said 
corporation all the franchise, property, rights and furniture 
of said corporation, by paying therefor such a sum as will 
reimburse to each person, who shall then be a stockholder 
therein, the ptvi' value of his stock, together with a net 
profit of ten per centum per annum from the time of the 
transfer of said stock to him on tiie books of the corpora- 
tion, deducting the dividends received by said stockholder 
thereon ; said towns and city having the right to purchase 
only that part of the corporate property which relates to 
and lies within the limits of their own jurisdictions respec- 
tively, and paying therefor a proportionate sum on the basis 
above mentioned, to be ascertained and fixed by commis- 
sioners to be appointed by the supreme judicial court. 

Section 13. This act shall be void so far as relates to condition of va- 
the right to construct said road in either of said towns or '''^° 
city, unless the same shall be accepted by the selectmen of 
such towns, or the city council of said city, respectively, 
and unless the same shall be accepted by said corporation ; 
and unless said road shall be constructed within two years 
after the passage of this act. 

Section 14. Said corporation shall be subject to all Land damages, 
existing provisions of law for the assessment and payment 
of damages for land outside of the streets and highways 
taken by them for their tracks. 

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

Approved April 29, 1863. 



Ax Act to confirm certain acts done by peter c. bacon as a 

JUSTICE OF THE PEACE. 

Be it enacted, SjX., as follows : 

Section 1. All acts done by Peter C. Bacon, of Worces- 
ter, in the county of Worcester, as a justice of the peace 
within and for said county, between the tenth day of Octo- 
ber, in the year eighteen hundred and sixty-two, and the 
twentieth day of April, in the year eighteen hundred and 
sixty-three, are hereby made valid, and confirmed to the 
same extent as they would have been valid, had he been 
during that period duly commissioned and qualified to dis- 
charge the duties of said office. 

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

Approved April 29, 1863. 



Chap. 208 



508 1863.— Chapters 209, 210, 211, 212. 

Chan 209 -^ ^^^ coxcerning the boston wharf company. 

Be it enacted, §x., asfolloios: 

Reduction of par SECTION 1. The Bostoii Wharf Company is hereby author- 

luthorized.^'''''^*^ ized to reducc the par value of the shares of said corporation, 
in such manner, and upon sucli conditions, as three-fourths 
of the stockholders of said company present and voting, at 

proTiso. a meeting called for that purpose, shall determine : pro- 

vided^ hoivever, that said par value shall not be reduced 
below twenty dollars, and that no assessment shall be laid 
upon the new shares. 

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

Approved April 29, 1863. 

Chat) 210 -^^ -^^^ ^^ ADDITION TO AN ACT TO INCORPORATE THE NORTHAMP- 
^' TON AND SHELBURNE FALLS RAILROAD COMPANY. 

Be it enacted, Sfc, as follows : 

May cross, at The Northampton and Shelburne Falls Railroad Company 
wghwayT.'^ "^"^ is hereby authorized to construct its railroad, at grade, over 
and across such highways and roads in the county of Hamp- 
shire, between Bridge Street, in Northampton, and the 
terminus of the present location of said railroad, near the 
village of Williamsburg, as it is impracticable or inconsis- 
tent with the public convenience to cross over or under by 
Proviso. means of bridges : provided, hoivever, said company shall 

not cross any of said highways or roads at grade, without 
the approval of the county commissioners of said county, 
upon application of said company, and after hearing all par- 
ties interested, who shall be notified in the manner provided 
in the laying out of highways. Approved April 29, 1863. 



Chap. 211 

Location 
changed. 



An Act concerning the fibrilia felting company. 
Be it enacted, Sj'c, asfolloios: 

Location SECTION 1. Thc locatlou of the Fibrilia Felting Com- 

pany is hereby changed from the town of Winchester, to 
the city of Lawrence ; and said company is hereby authorized 
to establish and carry on its business at said Lawrence. 
Section 2. This act shall take effect upon its passage. 

Approved April 29, 1863. 

Chat), 212 "^^ -^^^ requiring railroad corporations to HOLD ANNUAL 
■* * MEETINGS. 

Be it enacted, Sfc, as follows : 
- ■ Every railroad corporation shall hold a meeting annually 

for the election of directors. Approved April 29, 1863. 



18G3.— CiiArTKii 213. 509 

Ax Act to ArTiiouizE banks to kkckivk and circulate unitf.d Qfia'P.2\o 

8TATK9 CIKCULATIXG NOTES. ^ ' "^ 

Be il enacted, iVc, as fotloif's : 

Section 1. Any bank incorporated under the laws of this itanka may avail 
Commonwealth, at the time of the passage of the act of py out ctrculat- 
congross ajii)roved the twenty-fifth day of February, in the '"k°°'««- 
year eighteen hundred and sixty-three, entitled "An Act to 
provide a national currency, secured by a )>ledge of United 
State? stocks, and to provide for the circulation and redemp- 
tion thereof," may avail itself of the provisions of section 
sixty-two, and become subject to the provisions of sections 
sixty-three and sixty-four of said aot, and may pay out as 
its own the circulating notes received under the provisions 
of said section sixty-two : provided, the amount of such xot to exceed 
circulating note's, so issued, togetlicr with tlie amount of ''''^"'* ' 
bills issued under existing laws of this Commonwealth by 
any bank, shall at no time exceed the capital stock of sucli 
bank actually paid in ; and provided, also, that the circulat- Tobe deemed as 

• •11 '1 " 'ji i"j circui3.tioii* 

mg notes received under said section sixty-two, and issued 
by any such bank, shall be considered as part of the circu- 
lation of such bank, for the purpose of determining the 
amount of specie such bank shall keep under the provisions 
of section nineteen, chapter* fifty-seven of the General 
Statutes. 

Section 2. Any bank availing itself of the provisions of Retumsto cover 
said section sixty-two of said act of congress, shall, as part bonarand notes. 
of the returns it is required to make under the provisions 
of sections ninety-three and ninety-four of chapter fifty- 
seven of the General Statutes, transmit a statement of the 
amount of bonds deposited, and of circulating notes 
received under the provisions of said act of congress, and 
the amount of such notes in circulation ; and an amount of Exemption of 
the capital stock of any such bank, equal to the average atioa''defii"d!'*^' 
amount of such circulating notes so received, to be deter- 
mined by such returns for the six months next preceding 
the first Mondays of April and October in each year, shall 
be exempted from the tax imposed by the provisions of 
section eighty-nine of chapter fifty-seven of the General 
Statutes. 

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

Approved April 29, 1863. 

27 



510 



1863.— Chapter 214. 



Chap.'2U 



Commissioners 
may construct 
and equip and 
make altera- 
tions in road 
and tunnel. 



Governor may 
draw warrants 
upon request of 
commissioners. 



Appropriation. 



Treasurer may is- 
sue scrip with 
approval of gov- 
ernor and coun- 
cil. 



Commissioner!? — 
tenure of office. 



Shall present ac- 
couuts to gover- 



Ax Act ix additiox to "an act providing for the more 
spep:dy completion of the tkoy and Greenfield railroad 
and hoosac tunnel." * 

Be it enacted, Sec, as follow)^ : 

Section 1. The commissioners appointed under the one 
hundred and fifty-sixth chapter of the acts of eijihteen hun- 
dred and sixty-two, are hereby authorized, subject to the 
advice and approval of the governor and council, to con- 
struct, complete and equip the Troy and Greenfield Railroad 
and Hoosac Tunnel ; and to make such alterations in the 
line of said road as may be deemed necessary to render it 
suitable and proper for part of a through line from Troy to 
Boston ; also such alterations in the location and dimensions 
of said tunnel as will render it suitable and. proper for use, 
in accordance with the spirit and intent of the two hundred 
and twenty-sixth chapter of the acts of eighteen hundred 
and fifty-four. 

Section 2. The governor is hereby authorized to draw 
his warrant on the tieasurer of the Commonwealth for such 
sums as may be required from time to time by said commis- 
sioners for the purpose of carrying out the provisions of this 
act, and the act or acts to which this is in addition ; and 
there is accordingly hereby appropriated for the purpose of 
constructing and completing said tunnel and railroad and 
equipping the same, and paying interest upon such scrip as 
has been or may be issued during the progress of the work, 
the unexpended balance of the two millions of dollars 
authorized by chapter two hundred and twenty-six of the 
acts of the year eighteen hundred and fifty-four, and referred 
to in chapter one hundred and fifty-six of the acts of the 
year eighteen hundred and sixty-two. And the treasurer of 
the Commonwealth is hereby authorized, upon the warrant 
of the governor drawn as aforesaid, to issue scrip or certifi- 
cates of debt to the amount of said appropriation, which 
shall be expressed in such currency and shall bear such rate 
of interest as the governor and council may direct, and 
shall be redeemable at the end of thirty years from the date 
thereof: and said treasurer shall sell or otherwise dispose 
of the same as he may deem proper, sul)ject to the approval 
of the governor and council. 

Section 3. Said commissioners, and their successors in 
ofiice, shall be removable by the governor, with the advice 
of the council, and in case of any vacancy occasioned by 
death, resignation or removal, such vacancy shall be filled 
by appointment of the governor, with the advice of the 
council ; and said commissioners sliall, once in three months, 



1SG3.— CiiArTER.2U. 511 

and oftener if renuircd, present to the p;overnor and council ""^ and council, 

/• 1 1 i 1 • ^ 1 I 1 qtmrterly, or 

an account ol all contracts entered into by tlieni as such wi.,-ii required, 
conunis^.ioncrs, and of all payments and charges by them for^irtTiracts!' 
made, l>y virtue of their commist^ion, with tiicir vouchers 
therefor, whicii vouchers and accounts shall he examined, 
and if found cori'cct, and in good faith, shall be allowed h}'- 
the governor and council ; but no lease of any part of said 
railroad, nor any contract amounting to more than ten thou- 
sand dollars shall be made by said commissioners without 
the consent of the governor and council. 

ISection 4. Said commissioners in altering the location rowers of com- 
of the line of said road shall have the same power as rail- terlngTue'," de- 
road corporations have in making locations under existing ^"'^'^• 
laws, and may take, by purchase or otherwise, such lands, 
or easements therein, as may be needed for any purposes 
connected with the construction of said tunnel, and all titles 
or easements so taken shall vest in the Commonwealth ; and Assessment of 
all parties aggrieved by any action of said commissioners, '^'^'^^'"^' 
under this section, may have their damages assessed in the 
manner provided by law for the assessment of damages 
against railroad corporations ; and all damages so assessed 
shall be paid from the treasury of the Commonwealth to 
the party entitled thereto, upon the warrant of the governor, 
drawn }nirsuant to the provisions of this act. 

Sfxtion 5. Said commissioners, subject to the approval ^jXTo"re'''')er' 
of the governor and council, shall have the power to use a f«'';fifi by extin- 
part of the money appropriated by this act, not exceeding ueus and claims. 
fifty thousand dollars, to extinguish any liens or claims, or 
rights of redemption wdiich any person or corporation may 
have, in order to perfect the title of the Commonwealth to 
said railroad and tunnel. 

Section 6. The contract executed by the Troy and contract of Troy 
Boston Railroad Company, on the eighteenth day of Feb- mont and"Mas"^ 
ruary, eighteen hundred and sixty-three, by the Yermont Kauroad'compa^ 
and Massachusetts Railroad Company on the twentieth day ni«s, coutirmed. 
of said February, and by the Fitchburg Railroad Company 
on the twenty-third day of said month, printed on pages 
eighty-eight to ninety-four, inclusive, of the report of said 
commissioners made on the twenty-eighth day of February, 
aforesaid, and referred to in the message of the governor, 
dated the twelfth day of March, in the year eighteen hun- 
dred and sixty-three, is hereby approved, ratified and 
confirmed. 

Section 7. The compensation of said commissioners compoD'ation of 
shall be fixed by the governor, with the advice of the •=°°""'*^'°°"« 
council ; but the compensation of the chairman of said com- 



512 1863.— Chapters 215, 216, 217. 

missioners shall in no event exceed the sura of five thou- 
sand dollars per annum, nor shall the entire compensation 
of all of said commissioners exceed the sum of seven thou- 
sand dollars per annum. Approved April 29, 1863. 



Chap. 215 



An Act kelating to the county law library associations. 
Be it er^acted, ^'c, as follows : 
AFsodationstobe SECTION 1. The sixth scctiou of the thirty-third chapter 
cei'vecT'byTier'ks of the General Statutes is so far amended, that the several 
of courts. county treasurers shall pay to the county law library asso- 

ciations the whole amount received from the clerks of the 
courts during the preceding year, provided the same does 
Provisos. not exceed four hundred dollars. And in case the same 

exceeds four hundred dollars, they shall pay over in addi- 
tion thereto, one-quarter part of the surplus : provided, 
Iioivever, that the whole amount paid to said association in 
any county in any one year, shall not exceed one thousand 
dollars. 
Act not to re- SECTION 2. This act shall not be deemed to prevent the 
commiss'ioners! couuty commissioncrs from allowing any further payment 
as provided in the said sixth section of the said thirty-third 
chapter of the General Statutes. 

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

Approved April 29, 1863. 

Chnp. 216 -^^ ^ct to authorize the discontinuance of the county jail 

AT IPSWICH. 

Be it enacted, §'c., as folloivs : 
Commissioners Section 1. Thc couuty commissioncrs for the county of 

may remove, and -r~, ,, ^ • -i -,• • i .••i 

dispose of mate- JiiSscx are hereby authorized to discontinue the county jaii 
""'■''■ at Ipswich and to take down the same, and to make such 

disposition of the materials thereof as they shall deem 

proper. 

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

Approved April 29, 1863. 

Chnp. 217 An Act concerning insolvent estates of persons deceased' 

Be it enacted, Sfc, as folloivs : 
Extension, for SECTION 1. Whcu, duriug thc pendency of an appeal 

proof of cltiirQS •• • 

pending appeal, from thc commissiouers on an insolvent estate of a person 
may be allowed. (]ecgage(]^ it appears to the probate court that a just and 
equitable distribution of the estate requires that further 
time shall be allowed for the proof of claims against the 
same, the court may allow further time for that purpose, 
notwithstanding the limitation of time made by section 
four of the ninety-ninth chapter of the General Statutes : 



A 



1863.— CiiArTEii 218. 513 

provided, Itoirci'cr, that such further time shall not in any Proviso. 
case extend more than one month beyond the final decision 
of the appeal then pending. 

Section 2. "When the office of a commissioner on an Tacunr.y in omce 
insolvent estate of a person deceased shall become vacant howTiiud!^'"""' 
by reason of the death or resignation of such commissioner, 
or otherwise, the probate court may fill such vacancy. 

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

Approved April 29, 1863. 



Chap. 21S 



Ax Act to provide for thk reijiburskment of bounties paid to 

VOLUNTEERS, AND TO APPORTION AND ASSESS A TAX TUEREFOR. 

Be it enacted, iS'c, as follows: 

Section 1. All sums of money paid by any city or town, neimbursement 
as bounties to volunteers duly enlisted and mustered into au'tuorized?"'^^ 
the military service, and accounted as a part of the quotas 
of Massachusetts under the calls of the president of the 
United States, which were made in the months of July and 
August, in the year eighteen hundred and sixty-two, shall 
be reimbursed from the treasury of the Commonwealth to 
such city or town, in the manner provided in this act: 
provided, however, that the amount thus reimbursed to any Provisos: limita- 
city or town, shall not exceed the sum of one hundred "°°' p-^^^^"""^- 
dollars for each such volunteer, and shall not in any case 
exceed the amount actually paid by such city or town, to 
eacli such volunteer. 

Section 2. The several cities and towns shall, on or Towns to re- 
before the first day of July next, make returns to the amount°'pafd,' 
governor of the Commonwealth, of the names of all such otheT"'' facts 
volunteers, to whom they have paid bounties, the amount w)uiiea, to 

• 1 1 11 . . 1 • 1 1 1 governor, who 

paid to each, and the regiment m winch such volunteers mihu prescribe 
were enlisted and mustered into service, together with toc"rtTfl°samet 
such other facts as may be required by the governor, wiio amjuauon '^^' 
shall prescribe the form of said returns, and the officers of 
the cities and towns by whom they shall be made and sworn 
to ; and no reimbursement sJiall be made from the state 
treasury, to any city or town, as provided in the first section 
of this act, unless such return is made and sworn to by the 
officers thus prescribed by the governor. Said returns shall 
be examined, compared and revised by the governor, or 
under his direction, and the amount to be reimbursed to 
each city and town, under the provisions of this act, shall 
be thus ascertained. 

Section 3. The amount so reimbursed to any city or neimburpement 
town, on account of any such volunteers who have been recoMnR trans" 
transferred to fill the quota of any other city or town, shall f" of volunteer. 



514 1863.— Chapter 218. 

be paid over, by the city or town receivino^ the reiraburse- 
ProTiso. meiit, to such other city or town : jtrovided^ hoivever, the 

amount so paid over shall not exceed the sum originally paid 
for such transfer ; and an action of contract may be main- 
tained in any court of competent jurisdiction, to recover the 
Re-transfer, how samc. In casc sucli voluiitecrs are, at any time hereafter, 
adjusted. transferred back to the city or town to which they originally 

belonged, pursuant to an agreement to tliat effect, the 
amount so paid over or recovered under the provisions of 
this section, shall be deducted from the sum agreed to be 
paid for such re- transfer. 
GoTernor to cer- SECTION 4. The amouuts to be reimbursed to the several 
n.rat./trtr«t's^ii- cities and towns, as ascertained according to the provisions 
rer and to towns. ^^^ ^.j^g sccond scctiou, shall bc Certified by the governor, to 
the treasurer of" the Commonwealth, and also to the asses- 
Apportionment sors of said cities and towns, respectively. The aggregate of 
y treasurer. ^^^ ^j^^ amouuts SO Certified, shall be apportioned by the said 
treasurer, to and among the several cities and towns of the 
Commonwealth, in the same manner as the aggregate of the 
annual state tax for the current year is apportioned to and 
Payments to be among tlic sauic. Eacli city and town in the Commonwealth, 
made as are other ^]^r^\[ \^q asscsscd and pay tlic scvcral sums so apportioned to 
them respectively, in the same manner, and with the same 
effect, as they are assessed and charged with their respective 
proportions of other state taxes. 
Treasurer to issue SECTION 5. Thc trcasurcr of the Commonwealth, upon 
ingassessmea"!"^' Completing sucli apportionment, shall forthwith send his 
warrant, with a copy of this act, directed to the selectmen 
or assessors of each city or town, taxed as aforesaid, requir- 
ing them, respectively, to assess the sum apportioned as 
aforesaid, to said city or town, according to 'tlie 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. 
Payment to have SECTION 6. The treasurer, in his said warrant, shall 

been made Dec. • , i • i i ^ i , • 

1, 1863. require the said selectmen, or assessors, to pay, or to issue 

their several warrant or warrants, requiring the treasurers 
of their several cities or towns to pay to said treasurer of the 
Commonwealth, on or before the first day of December, in 
the year eighteen hundred and sixty-three, the sums appor- 

Names of town tioucd, as aforcsaid, to said cities or towns respectively ; and 

treasurers, with , ' ' -iiii . 

Fum re.iuired, to the selcctnien or assessors, respectively, shall return a certi- 

ere uiue . flcatc of tlic namcs of such treasurers, with the sum which 

each may be required to collect, to the said treasurer of the 



18G3.— CiiAPTEii 21S. 515 

Commonwoaltli, at some time before the first day of October 
next. 

Skctiox 7. If the amount due from any city or town, as Penalty for de- 
provided in this act, is not paid to the treasurer of tlie Com- '""i"''"'=y- 
monwealth within the time specified, then the said treasurer 
shall notify the treasurer of said delinquent city or town, 
who shall pay into the treasury of the Commonwealth, in 
addition to the tax, such further sum as would be equal to 
one per centum per montii, durino- such delinquency, datinii; 
on and after the first day of December next; and if the 
same remains unpaid after the first day of Janiiary next, an 
information may be filed, by the treasurer of the Common- 
wealth, in the supreme judicial court, or l)efore 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 8. The proceeds of the tax apportioned and ^'moeeds of tax 

, c .■,' , ,..'', apprnpnated for 

assessed as aioresaid, upon the several cities and towns, are liabilities. 
hereby appropriated for the purpose of paying all liabilities 
incurred by the Commonwealth under the provisions of this 
act. When any city or town shall have paid its proportion warrant for re- 
of said tax, to the treasurer of the Commonwealth, tlie gov- ^^^ullln^^lon 
ernor shall tliereupon draw his warrant on said treasurer, '■'^^eipt of tax. 
in favor of said city or town, for the sum which it is entitled 
to be reimbursed under the provisions of this act. 

Section 9. Any city or town electing so to do, may raise f 'ty council or 

d.. .• e j.\ 1. i.*in 1 voters of town 

pay Its pro])ortion ot the tax apportioned and assessed may elect to 

as aforesaid, in the manner provided in this section. Such ''y^^oLy'^\vlll 
election may be made by any city, by a vote of the citv "rerofcommon- 

.,,/. 1 J J J T J n , ^ ^ wealth to be cer- 

council tnereoi, or by any town by a vote ot the legal voters tified. 
thereof, at a meeting called for that pui-pose ; and such vote 
shall be certified by the clerk of said city or town, to the 
treasurer of the Commonwealth. Any city or town may 
raise money if necessary, by tax or otherwise, for the j)ur- 
pose of carrying out the provisions of this section. The Unties of treasu- 
treasurer of the Commonwealth shall credit such city or 
town with the sum which it is entitled to receive as reim- 
bursement, and charge such city or town with the sum 
apportioned and assessed upon it under the provisions of 
this act. In case the sums so credited and charged to any 
city or town are equal, the said treasurer shall deliver his 
receipt in full for the tax of such city or town. In case the 
credits of any city or town exceed its charges, the treasurer 



516 1863.— Chapter 219. 

shall deliver his receipt in full, as aforesaid, and the gov- 
ernor shall, on or before the first day of December next, 
draw his warrant on the said treasurer, in favor of such city 
or town, for the amount of such excess. In case the charges 
of any city or town exceed its credits, such city or town 
shall pay the amount of such excess to the said treasurer, 
who shall thereupon deliver his receipt in full as aforesaid. 
Tax adjusted, Any city or town paying and adjusting its tax, in the man- 
w^mentbair- i^Gr providcd iu this section, sliall have no further claim 
upon the Commonwealth for reimbursement, under the 
provisions of this act, and the treasurer of such city or town 
shall deliver his receipt in full, of the same, to the treasurer 
of the Commonwealth. 
Liability in case SECTION 10. Auy citv or towu electinG; to pay its tax in 
the manner provided m the preceding section, and failing to 
do so within the time mentioned in the sixtli section, shall be 
sultject to all the provisions of the seventh section of this act. 
Section 11. This act shall take effect upon its passage. 

Approved April 29, 1863. 



ed 



of failure to pay. 



Chap. 219 

Number of copies 
to be annually 



Ax Act concernixg public reports and documents. 
Be it enacted, ^'c, as folloics : 
Number of copies SECTION 1. Thcro shall bc printed annually three thou- 

to be annually . r» i • 

printed. saud copics cacli of the reports of the insurance commis- 

sioners, and bank commissioners, five thousand copies of the 
report of the adjutant-general, and fifteen hundred copies 
each of the reports of the attorney-general, treasurer and 
receiver-general, and auditor, of the report of the insurance 
commissioners concerning loan fund associations, the abstract 
of joint stock corporations, abstract of sheriffs' returns con- 
cerning jails and houses of correction, abstract of returns 
concerning paupers and indigent children, and the several 
Disposition of cer- rcports relating to the Indians of the Commonwealth. Five 
tun reports. ])undi'ed copics of the annual report of the secretary of the 
board of agriculture shall be delivered to the secretary of 
tlio Commonwealth ; five hundred copies of their respective 
reports shall be placed at the disposal of the insurance and 
bank commissioners ; and twenty-five hundred copies of the 
adjutant-general's report shall be placed at the disposal of 
that officer for distril)ution among persons employed in the 
military service of the country. 
Railroad reports SECTION 2. Rcports of railroad corporations shall be 
"public." deemed "public" documents under chapter four of the 

General Statutes, and each of said public documents shall 
bear the same number from year to year. 
RepeaL SECTION 3. All acts and parts of acts inconsistent with 

this act, are hereby repealed. Approved Ajjril 2D, 1863. 



ISlvi.— CiLvrTER 2-20. 517 

Ax Act to incouporatk the tkustkks of the Massachusetts QJiqv)^ 220 

AGRICl'LTURAL COLLEGE. ■^' ^ 

Be it enacted, ;St., an foUoic.'^ : 

Section!. Marshall P. Wilder, of Dorchester; Charles corporators. 
G. Davis, of Plyiuouth ; Nathan Darfee,of Fall River; John 
Brooks, of Princeton ; Henry Colt, of Pittsficld ; William S. 
Soutlnvorth, of Lowell ; Charles C. Sewall, of Med field ; 
Paoli Lathrop,of South Iladley ; Phinehas Stedman, of Chic- 
opee ; Allen W. Dodge, of Hamilton ; George Marston, of 
Barnstable; William B. Washburn, of Greenfield; Henry 
L. Whiting, of Tisbury ; John B. King, of Nantucket, their 
associates and successors, are hereby constituted a body cor- 
porate, by the name of the Trustees of the Massachuf-etts 
Agricultural College, the leading object of which shall be, purpose. 
without excluding other scientific and classical studies, and 
including military tactics, to teach such branches of learning 
as are related to agriculture and the mechanic arts, in order 
to promote the liberal and practical education of the indus- 
trial classes in the several pursuits and professions of life — 
to be. located as hereinafter provided; and they and their 
successors, and such as shall be duly elected members of 
said corporation, shall be and remain a body corporate by 
that name forever. And for the orderly conducting of the Election of om- 
business of said corporation the said trustees shall have 
power and authority, from time to time, as occasion may 
require, to elect a president, vice-president, secretary and 
treasurer, and such other officers of said corporation as may 
be found necessary, and to declare the duties and tenures of 
their respective offices ; and also to remove any trustee from RemoTai of trus- 
the same corporation, when, in their judgment, he shall be 
rendered incapable, by age, or otherwise, of discharging the 
duties of his office, or shall neglect or refuse to perform the 
same ; and, wdienever vacancies shall occur in the board of ^^^^*°"«s ^^ 
trustees, the legislature shall fill the same : provided, never- proviso. 
the/ess, that the number of members shall never be greater 
than fourteen, exclusive of the governor of the Common- 
wealth, the secretary of the board of education, the secretary 
of the board of agriculture, and the president of the faculty, 
each of whom shall be, ex officio, a member of said corpo- 
ration. 

Section 2. The said corporation shall have full power Meetings. 
and authority to detei'mine at what times and places their 
meetings shall be holden, and the manner of notifying the 
trustees to convene at such meetings; and also, from time officersofcouege 
to time, to elect a president of said college, and such profes- 
sors, tutors, instructors and other officers of said college, as 

28 



518 



1863.— Chapter 220. 



By-laws. 



Instruction. 



ProTiso. 



Seal. 



Corporation may 
sue and be sued. 



May hold estate 
given or be- 
queathed. 



Proviso. 



Rents and profits 
of estate, how 
appropriated. 



Legislature may 
enlarge or re- 
straio powers of 
corporation and 
appoint over- 
seers. 



they shall judge most for the interest thereof, and to deter- 
mine the duties, salaries, emoluments, responsibilities and 
tenures, of their several offices. And the said corporation 
are further empowered to purchase or erect, and keep in 
repair, such houses and other buildings as they shall judge 
necessary for the said college ; and also to make and ordain, 
as occasion may require, reasonable rules, orders, and by- 
laws, not repugnant to the constitution and laws of this 
Commonwealth, with reasonable penalties, for the good gov- 
ernment of the said college, and for the regulation of tiieir 
own body, and also to determine and regulate the course of 
instruction in said college, and to confer such appropriate 
degrees as they may determine and prescribe : provided, 
nevertheless, that no corporate business shall be transacted 
at any meeting unless one-half, at least, of tlie trustees are 
present. 

Section 3. The said corporation may have a common 
seal, which they may alter or renew at tiieir pleasure, and 
all deeds sealed with the seal of said corporation, and signed 
by their order, shall, when made in their corporate name, 
be considered in law as the deeds of said corporation ; and 
said corporation may sue and be sued in all actions, real, 
personal or mixed, and may prosecute the same to final 
judgment and execution, by the name of the Trustees of the 
Massachusetts Agricultural College ; and said corporation 
shall be capable of taking and holding in fee simple, or any 
less estate, by gift, grant, bequest, devise, or otherwise, any 
lands, tenements, or other estate, real or personal : provided, 
that the clear annual income of the same shall not exceed 
thirty thousand dollars. 

Section 4. The clear rents and profits of all the estate, 
real and personal, of which the said corporation shall be 
seized and possessed, shall be appropriated to the uses of 
said college, in such manner as shall most effectually pro- 
mote the objects declared in the first section of this act, and 
as may be recommended, from time to time, by the said 
corporation, they conforming to the will of any donor or 
donors, in the application of any estate which may be given, 
devised or bequeathed, for any particular object connected 
with the college. 

Section 5. The legislature of this Commonwealth may 
grant any further powers to, or alter, limit, annul or restrain, 
any of the powers vested by this act in the said corporation, 
as shall be found necessary to promote the best interests of 
the said college ; and more especially may appoint and 
establish overseers or visitors of the said college, with all 



1 8(5:3. —Cii AFTER 2'20. 519 

iioco?srirv powers for tlic better aid, jirescrvation and c:ov- 
crnnieiit tliereof. The said corj)oratioii shall make an annual Annual report, 
report of its condition, financial and otherwise, to the legis- 
lature, at the commencement of its session. 

Section G. The board of trustees siiall determine the Location of col- 
location of said college, in some suital)lc place within the '*^''' 
limits of this Commonwealth, and shall purchase, or obtain, Land for farm, 
by gift, grant, or otherwise, in connection therewith, a tract w the "eon. '^' 
of land containing at least one hundred acres, to be used as 
an experimental farm, or otherwise, so as best to promote 
the objects of the institution ; and in establishing the by-laws 
and regulations of said college, they shall make such pro- 
vision for the manual labor of the students on said farm as 
they may deem just and reasonable. The location, plan of 
organization, government and course of study prescribed for 
the college, shall be subject to the approval of the legislature. 

Section 7. One-tenth part of all the moneys which may one-tenth pro- 
be received by the state treasurer, from the sale of land scrip, certain ^\l°a 
by virtue of the provisions of the one hundred and thirtieth trpur^ua^se^df 
chapter of the acts of the thirty-seventh congress, at the ^'*''"- 
second session thereof, approved July second, eighteen hun- 
dred and sixty-two, and of the laws of this Commonwealth, 
shall be paid to said college, and appropriated towards the 
purchase of said site or farm : provided, nevertheless, that Proviso, 
the said college shall first secure by valid subscriptions or 
otherwise, the further sum of seventy-five thousand dollars, 
for the purpose of erecting suitable buildings thereon ; and 
upon satisfactory evidence that this proviso has been com- 
plied with, the governor is authorized, from time to time, to 
draw his warrants therefor. 

Section 8. When the said college shall have been duly Future support 
organized, located, and established, as and for the purposes ded7or*^^ ^'^°^' 
specified in this act, there shall be appropriated and paid to 
its treasurer each year, on the warrant of the governor, 
two-thirds of the annual interest or income, which may be 
received from the fund created under and by virtue of 
the act of congress named in the seventh section of this act, 
and the laws of this Commonwealth, accepting the provisions 
thereof, and relating to the same. 

Section 9. In the event of a dissolution of said corpo- Property, in case 
ration, by its voluntary act at any time, the real and per- how to'reve" t°''' 
sonal property belonging to the corporation shall revert and 
belong to the Commonwealth, to be held by the same, and 
be disposed of as it may see fit, in the advancement of 
education, in agriculture, and the mechanic arts. The 
legislature shall have authority at any time to withhold the 



520 



1863.— Chapter 221. 



portion of the interest or income from said fund provided in 
this act, whenever the corporation shall cease or fail to 
maintain a college within the provisions and spirit of this 
act and the before-mentioned act of congress, or for any 
cause which they deem sufficient. Approved April 29, 1863. 



Assessment of 
cities and towns 



County of Suf- 
folk. 



County of Essex. 



Chap. 221 ^^ ^^"^ 1'^ APPORTION AND ASSESS A TAX OF TWO MILLIONS THREE 
HUNDRED AND NINETY-SIX THOUSAND FIVE HUNDRED AND SIXTY- 
EIGHT DOLLARS. 

Be it enacted, §'c., as folloios : 

Section 1. Each town and city in this Commonwealth 
shall be assessed and pay the several sums with which they 
stand respectively charged in the following schedule, that is 
to say : 

Suffolk County. — Boston, seven hundred and fifty-six 
thousand six hundred dollars ; Chelsea, eighteen thousand 
seven hundred and sixty-eight dollars ; North Chelsea, two 
thousand and sixteen dollars ; Winthrop, one thousand two 
hundred dollars. 

Essex Count//. — Amesbury, four thousand two hun- 
dred and seventy-two dollars ; Andover, six thousand six 
hundred and forty-eight dollars ; Beverly, nine thousand 
and forty-eight dollars ; Boxford, one thousand seven hun- 
dred and seventy-six dollars ; Bradford, two thousand four 
hundred and twenty-four dollars ; Danvers, seven thousand 
one hundred and seventy-six dollars ; Essex, two thousand 
seven hundred and thirty-six dollars ; Georgetown, two 
thousand two hundred and thirty-two dollars ; Gloucester, 
twelve thousand seven hundred and ninety-two dollars ; 
Groveland, one thousand seven hundred and twenty-eight 
dollars ; Hamilton, one tTiousand two hundred and ninety- 
six dollars ; Haverhill, fifteen thousand nine hundred and 
twelve dollars ; Ipswich, three thousand eight hundred and 
sixteen dollars ; Lawrence, twenty-seven thousand two hun- 
dred and forty dollars ; Lynn, twenty-six thousand five hun- 
dred and sixty-eight dollars ; Lynnfield, one thousand five 
hundred and thirty-six dollars ; Manchester, two thousand 
three hundred and fifty-two dollars ; Marblehead, seven 
thousand six hundred and thirty-two dollars ; Methuen, 
three thousand seven hundred and sixty-eight dollars ; Mid- 
dleton, one thousand one hundred and fifty-two dollars; 
Nahant, one thousand three hundred and twenty dollars ; 
Newbury, two thousand two hundred and eighty dollars ; 
Newburyport, eighteen thousand seven hundred and sixty- 
eight dollars ; North Andover, four thousand two hundred 
and seventy-two dollars ; Rockport, four thousand and fifty- 



18G3.— C'HArTER '2-21. 521 

six dt)llars ; Rowley, one thoupancl five Imndred and twelve 
ditlUirs ; l^alcnl, thirty-nine thousand three hundred and 
ciulity-lbur dollars ; [Salisbury, four thousand three hundred 
and sixty-eiiiht dollars; Saugus, three thousand two hundred 
and sixty-four dollars ; Soutii Danvers, nine thousand nine 
hundred and sixty dollars ; Swanijjscott, two thousand eight 
hundred and eigiit dollars; Topsficld, one thousa;id eight 
hundred and forty-eight dollars; Wenham, one thousand 
five hundred and eight3'-four dollars ; West Newbury, two 
thousand eight hundred and thirty-two dollars. 

Micld/esc.c Count II. — Acton, two thousand four hundred bounty of Mid- 

•' ulesex. 

and twenty-four dollars; Ashby, one thousand three hundred 
and ninety-two dollars ; Ashland, one thousand eight hun- 
dred and forty-eight dollars; Bedford, one thousand two 
hundred and ninety-six dollars; Belmont, five thousand two 
hundred and eighty dollars ; Billerica, two thousand nine 
hundred and four dollars ; Boxborough, six hundred and 
twenty-four dollars; Brighton, nine thousand and forty-eight 
dollars ; Burlington, one thousand one hundred and twenty- 
eight dollars ; Cambridge, fifty-three thousand four hundred 
and twenty-four dollars ; Carlisle, nine hundred and thirty- 
six dollars ; Charlestown, forty-one thousand five hundred 
and sixty-eight dollars ; Chelmsford, three thousand eight 
hundred and sixteen dollars ; Concord, four thousand four 
hundred and sixty-four dollars; Dracut, two thousand seven 
hundred and eighty-four dollars ; Dunstable, one thousand ^ 

and eighty dollars ; Framingham, six thousand two hundred 
and sixty-four dollars ; Groton, four thousand two hundred 
and seventy-two dollars; Holliston, four thousand three 
hundred and ninety-two dollars; Hopkinton, four thousand 
four hundred and sixty-four dollars; Lexingtoji, four thou- 
sand eight hundred and forty-eight dollars ; Lincoln, one 
thousand four hundred and sixty-four dollars ; Littleton, 
one thousand eight hundred and forty-eight dollars; Lowell, 
fifty-six thousand five hundred and forty-four dollars ; Mai- 
den, rdne thousand four hundred and fifty-six dollars; 
Marlborough, six thousand one hundred and ninety-two dol- 
lars ; Medford, twelve thousand seven hundred and ninety- 
two dollars ; Melrose, three thousand eight hundred and 
sixty-four dollars ; Natick, five thousand nine hundred and 
fifty-two dollars; Newton, eighteen thousand six hundred 
and forty-eight dollars ; North Reading, one thousand five 
hundred and eighty-four dollars ; Pepperell, two thousand 
four hundred dollars ; Reading, three thousand seven hun- 
dred and sixty-eight dollars ; Sherborn, two thousand three 
hundred and fifty-two dollars ; Shirley, one thousand nine 



522 1863.— Chapter 221. 

liundred and forty-four dollars; Somerville, fifteen thousand 
eight hundred and forty dollars ; South Reading, five thou 
sand two hundred and eighty dollars ; Stonehani, three 
thousand eight hundred and eighty-eight dollars ; Stow, two 
thousand and eighty-eight dollars ; Sudbury, two thousand 
nine hundred and four dollars ; Tewksbury, one thousand 
eight hundred and twenty-four dollars ; Townsend, two 
thousand one hundred and thirty-six dollars; Tyngsborough, 
nine hundred and thirty-six dollars; Waltham, twelve thou- 
sand three hundred and sixty dollars; Watertown, six thou- 
sand eight hundred and forty dollars; Wayland, one thousand 
five hundred and sixty dollars ; West Cambridge, six thou- 
sand four hundred and eight dollars ; Westford, two thousand 
three hundred and four dollars; Weston, two thousand seven 
hundred and twelve dollars ; Wilmington, one thousand three 
hundred and forty-four dollars ; Winchester, four thousand 
one hundred and four dollars ; Woburn, ten thousand three 
hundred and twenty dollars. 
ce°ster^ °^ ^°'^' Worcester Counttj. — Ashburnham, two thousand four hun- 
dred and twenty-four dollars ; Athol, three thousand and 
twenty-four dollars; Auburn, one thousand one hundred 
and fifty-two dollars ; Barre, four thousand six hundred and 
eighty dollars; Berlin, one thousand two hundred and sev- 
enty-two dollars ; Blackstone, five thousand seven hundred 
and eighty-four dollars ; Bolton, one thousand seven hundred 
and four dollars; Boylston,one thousand three hundred and 
forty-four dollars ; Brookfield, two thousand five hundred 
and twenty dollars ; Charlton, two thousand seven hundred 
and twelve dollars ; Clinton, four thousand eight hundred 
and seventy-two dollars ; Dana, eight hundred and sixteen 
dollars ; Douglas, two thousand eight hundred and eighty 
dollars ; Dudley, two thousand and sixty-four dollars ; 
Fitchburg, ten thousand nine hundred and twenty dollars ; 
Gardner, two thousand nine hundred and fifty-two dollars ; 
Grafton, five thousand two hundred and eight dollars ; Hard- 
wick, two thousand five hundred and ninety-two dollars ; 
Harvard, two thousand four hundred and ninety-six dollars ; 
Holden, two thousand four hundred dollars ; Hubbardston, 
one thousand nine hundred and forty-four dollars ; Lancaster, 
two thousand four hundred and twenty-four dollars ; Leices- 
ter, four thousand four hundred and sixt3^-four dollars ; Leo- 
minster, four thousand nine hundred and sixty-eight dollars ; 
Lunenburg, two thousand and sixty-four dollars ; Mendon, 
two thousand and sixty-four dollars ; Milford, ten thousand 
two hundred and seventy-two dollars; Millbury,four thousand 
two hundred and seventy-two dollars ; New Braintree, one 



18(53.— CiiAi'TKK '2'2\. 523 

tliousaiid four luiiulred and eiglity-oiiiht dollars ; North 
l>rooklield, three thousand live hundred and (if'ty-tvvo dollars ; 
Norihboroufrh, two thousand six hundred and sixteen dol- 
lars ; Northbridire, two thousand nine hundred and seventy- 
six dollars : Oaichani, one thousand and thiity-two dollars ; 
Oxford, three thousand five hundred and fifty-two dollars ; 
Paxton, nine hundred and thirty-six dollars ; Petei'shani, 
one thousand nine hundred and sixty-eight dollars ; Phillips- 
ton, nine hundred and twelve dollars ; Princeton, two thou- 
sand and sixteen dollars ; Royalston, two thousand three 
hundred and twenty-d!ght dollars ; Rutland, one thousand 
four hundi-ed eighty-eight doUars ; Shrewsbury, three thou- 
sand and seventy-two dollars; Southborough, two thousand 
seven hundred and sixty dollars ; Southbridge, three thou- 
sand nine hundred eighty-four dollars ; Spencer, three thou- 
sand eight hundred and forty dollars ; Sterling, two thousand 
eight hundred and eight dollars ; Sturbridge, two tliousand 
six hundred and forty dollars; Sutton, three thousand two 
hundred and sixteen dollars ; Tenipleton, three thousand 
four hundred and thirty-two dollars ; Upton, two thousand 
three hundred and four dollars ; Uxbridge, four thousand 
six hundred and eighty dollars ; Warren, two thousand four 
hundred and forty-eight dollars ; Webster, three thousand 
three hundred and twelve dollars ; West Boylston, two 
thousand seven hundred and thirty-six dollars ; West Brook- 
field, one thousand nine hundred and forty-four dollars ; 
Westborough, three thousand five hundred and seventy-six 
dollars ; Westminster, two thousand two hundred and eighty 
dollars ; "Winchendon, three thousand two hundred and forty 
dollars ; Worcester, forty-seveu thousand seven hundred 
and eighty-four dollars. 

Hantpshire Countij. — Amherst, four thousand, five hun- county of namp- 
dred- and thirty-six dollars ; Belchertown, three thousand 
two hundred and forty dollars ; Chesterfield, one thousand 
two hundred and forty-eight dollars ; Cummington, one 
thousand one hundred and fifty-two dollars; Easthaini)toii, 
two thousand five hundred and forty-four dollars ; Enfield, 
one thousand six hundred and fifty-six dollars; Goshen, five 
hundred and four dollars ; Grani)y, one thousand three 
hundred and ninety-two dollars ; Gieenwich, eight hundred 
and sixty-four dollars ; Iladley, three thousand lour hundred 
and eighty dollars ; Hatfield, two thousand eight hundred 
and fifty-six dollars; Huntington, one thousand three hun- 
dred and ninety-two dollars ; JMiddlefield, nine hundred and 
thirty-six dollars ; Northampton, ten thousand two hundred 
and ninety-six dollars ; Pelliam, six hundred and twenty- 



den. 



524 1863.— Chapter 221. 

four dollars ; Plainfield, eiglit hundred and sixteen dollars ; 
Prescott, seven hundred and forty-four dollars ; South Had- 
ley, three thousand and twenty-four dollars ; Southampton, 
one thousand four hundred and eighty-eight dollars ; Ware, 
four thousand and thirty-two dollars ; West Hampton, eight 
hundred and sixty-four dollars ; Williamsburg, two thousand 
six hundred and eighty-eight dollars ; Worthington, one 
thousand two hundred and ninety-six dollars. - 

County of Hamp- Hamjfden Count//. — Agawam, two thousand and forty 
dollars ; Blandford, one thousand five hundred and eighty- 
four dollars ; Brimfield, two thousand and sixteen dollars ; 
Chester, one thousand four hundred and sixteen dollars ; 
Ciiicopee, eight thousand four hundred and ninety-six dol- 
lars ; Granville, one thousand three hundred and ninety-two 
dollars ; Holland, four hundred and eighty dollars ; Holyoke, 
six thousand and ninety-six dollars ; Longmeadow, two 
thousand five hundred and forty-four dollars ; Ludlow, one 
thousand three hundred and sixty-eight dollars ; Monson, 
three thousand two hundred and eighty-eight dollars ; Mont- 
gomery, four hundred and eighty dollars ; Palmer, three 
thousand eight hundred and sixteen dollars ; Russell, six 
hundred and forty-eight dollars ; Southwick, one thousand 
seven hundred and fifty-two dollars; Springfield, twenty- 
four thousand five hundred and fifty-two dollars ; Tolland, 
eight hundred and sixteen dollars ; Wales, eight hundred 
and sixty-four dollars ; West Springfield, two thousand nine 
hundred and twenty-eight dollars ; Westfield, eight thou- 
sand and sixteen dollars ; Wilbraham, two thousand five 
hundred and forty-four dollars. 

County of Frank- Franklin Countij. — Ashfield, one thousand eight hun- 
dred dollars ; Bernardston, one thousand three hundred 
and twenty dollars ; Buckland, one thousand six hundred 
and eighty dollars ; Charlemont, one thousand two hundred 
dollars ; Colrain, one thousand seven hundred and seventy- 
six dollars ; Conway, two thousand one hundred and eighty- 
four dollars ; Deerfield, three thousand six hundred and 
twenty-four dollars ; Erving, five hundred and fifty-two 
dollars ; Gill, one thousand and eighty dollars ; Greenfield, 
four thousand four hundred and eighty-eight dollars; Haw- 
ley, seven hundred and forty-four dollars ; Heath, seven 
hundred and sixty-eight dollars ; Leverett, nine hundred 
and sixty dollars ; Leyden, seven hundred and ninety-two 
dollars ; Monroe, two hundred and sixty-four dollars ; Mon- 
tague, one thousand seven hundred and fifty-two dollars ; 
New Salem, one thousand one hundred and fifty-two dollars ; 
Northfield, two thousand one hundred and sixty dollars; 



lin. 



18G3.— Chapter 2"21. 525 

Orange, one thousand eight hundreil dollars ; Rowe, six 
hundred and seventy-two dollars ; Shelburne, two thousand 
and forty dollars; Shutesbury, seven hundred and sixty- 
eight dollars ; Sunderland, one thousand and thirty-two 
dollars ; Warwick, one thousand one hundred and four 
dollars ; WenduU, seven hundred and forty-four dollars ; 
Whately, one thousand seven hundred and seventy-six 
dollars. 

Berkshire Countn. — Adams, seven thousand seven hun- county of Berk- 
dred and four dollars ; Alford, eight hundred and eighty- 
eight dollars ; Becket, one thousand four hundred and sixty- 
four dollars ; Cheshire, one thousand nine hundred and 
forty-four dollars ; Clarksburg, three hundred and sixty 
dollars ; Dalton, two thousand and forty dollars ; Egremont, 
one thousand three hundred and ninety-two dollars ; Florida, 
four hundred and fifty-six dollars ; Great Barrington, five 
thousand two hundred and eight dollars ; Hancock, one 
thousand three hundred and forty-four dollars ; Hinsdale, 
one thousand seven hundred and fifty-two dollars ; Lanes- 
borough, one thousand eight hundred and forty-eight dol- 
lars ; Lee, five thousand and eighty-eight dollars ; Lenox, 
two thousand three hundred and fifty-two dollars ; Monte- 
rey, nine hundred and thirty-six dollars ; Mount Washing- 
ton, two hundred and forty dollars; New Ashford, three 
hundred and thirty-six dollars ; New Marlborough, one 
thousand nine hundred and twenty dollars ; Otis, nine hun- 
dred and twelve dollars ; Peru, six hundred and forty-eight 
dollars ; Pittsfield, thirteen thousand seven hundred and four 
dollars ; Richmond, one thousand three hundred and ninety- 
two dollars ; Sandisfield, one thousand six hundred and 
eighty dollars ; Savoy, eight hundred and eighty-eight dol- 
lars ; Sheffield, three thousand two hundred and sixteen 
dollars ; Stockbridge, two thousand seven hundred and 
thirty-six dollars ; Tyringham, eight hundred and eighty- 
eight dollars ; Washington, nine hundred and sixty dollars ; 
West Stockbridge, one thousand seven hundred and twenty- 
eight dollars ; Williamstown, three thousand four hundred 
and eight dollars ; Windsor, one thousand and thirty-two 
dollars. 

jS'orfofk County. — Bcllingham, one thousand four hun- county of Nor- 
dred and sixty-four dollars ; Braintree, four thousand three 
hundred and sixty-eight dollars ; Brookline, twenty-five 
thousand four hundred and eighty-eight dollars ; Canton, 
five thousand five hundred and forty-four dollars ; Cohasset, 
two thousand eight hundred and eighty dollars ; Dedham, 
eleven thousand nine hundred and twenty-eight dollars ; 
29 



526 



1863.— Chapter 221. 



County of Bris- 
tol. 



County of Ply- 
mouth. 



Dorchester, twenty-seven thousand six hundred and seventy- 
two dollars ; Dover, nine hundred and sixty dollars ; Fox- 
borough, three thousand seven hundred and ninety-two 
dollars; Franklin, two thousand four hundred and ninety- 
six dollars ; Medfield, one thousand seven hundred and four 
dollars ; Medway, three thousand six hundred and ninety- 
six dollars ; Milton, eight thousand five hundred and twenty 
dollars ; Needham, four thousand five hundred and twelve 
dollars; Quincy, ten thousand seven hundred and fifty-two 
dollars; Randolph, eight thousand and forty-dollars ; Rox- 
bury, sixty-one thousand one hundred and seventy-six dol- 
lars ; Sharon, one thousand nine hundred and forty-four 
dollars; Stoughton, five thousand five hundred and ninety- 
two dollars ; Walpole, three thousand and twenty-four 
dollars; West Roxbury, twenty thousand six hundred and 
eighty-eight dollars; Weymoutli, nine thousand seven hun- 
dred and forty-four dollars ; Wrentham, three thousand 
seven hundred and forty-four dollars. 

Bristol Counly. — Acushnet, two thousand one hundred 
and sixty dollars ; Attleborough, seven thousand two hun- 
dred and seventy-two dollars ; Berkley, nine hundred and 
sixty dollars ; Dartmouth, seven thousand eight hundred 
dollars ; Dighton, two thousand one hundred and thirty-six 
dollars ; Easton, three thousand four hundred and eight 
dollars ; Fairhaven, nine thousand one hundred and forty- 
four dollars ; Fall River, thirty-four thousand one hundred 
and twenty-eight dollars ; Freetown, two thousand two hun- 
dred and fifty-six dollars ; Mansfield, two thousand two 
hundred and eighty dollars ; New Bedford, sixty-one thou- 
sand six hundred and thirty-two dollars ; Norton, two thou- 
sand four hundred and twenty-four dollars ; Raynham, two 
thousand eight hundred and eighty dollars ; Rehoboth, two 
thousand five hundred and ninety-two dollars ; Seekonk, 
one thousand three hundred and forty-four dollars ; Somer- 
set, two thousand six hundred and eighty-eight dollars ; 
Swanzey, two thousand one hundred and twelve dollars ; 
Taunton, twenty-two thousand nine hundred and twenty dol- 
lars ; Westport,four thousand nine hundred forty-four dollars. 

Plymouth County. — Abington, ten thousand one hun- 
dred and four dollars ; Bridgewater, five thousand two hun- 
dred and eighty dollars ; Carver, one thousand four hundred 
and eighty-eight dollars ; Duxbury, three thousand three 
hundred and twelve dollars ; East Bridgewater, four thou- 
sand and eighty dollars ; Halifax, nine hundred and sixty 
dollars ; Hanover, two thousand four hundred and twenty- 
four dollars ; Hanson, one thousand six hundred and fifty- 



1863.— Chapter '2-21. 527 

six dollars ; ITingliani, seven thousand and eighty dollars : 
Hull, four hundred and eighty dollars; Kingston, three 
thousand five hundred and lour dollars ; Lakeville, one 
thousand six hundred and eighty de)llars ; Mai'ion, one thou- 
sand three hundred and forty-four dollars ; Marshfield, two 
thousand two hundred and thirty-two dollars ; Mattaj)oisctt, 
two thousand three hundred and seventy-six dollars ; Middle- 
borough, six thousand six hundred and twenty-four dollars; 
North Bridgewater, six thousand eight hundred and forty 
dollars ; Pembroke, one thousand eight hundred and ninety- 
six dollars ; Plymouth, eight thousand nine hundred and 
fifty-two dollars ; Plympton, one thousand one hundred and 
seventy-six dollars ; Rochester, one thousand seven hundred 
and fifty-two dollars; ^Scituate, two thousand eight hundred 
and fifty-six dollars ; South Scituate, two thousand six hun- 
dred and sixty-four dollars; Wareham, three thousand five 
hundred and fifty-two dollars ; West Bridgewater, two thou- 
sand two hundred and eighty dollars. 

Barnstable Count//. — Barnstable, sis thousand one county of Bam- 
hundred and forty-four dollars ; Brewster, one thousand ^ 
eight hundred and forty-eight dollars; Chatham, two thou- 
sand seven hundred and sixty dollars ; Dennis, three thou- 
sand four hundred and fifty-six dollars ; Eastham, seven 
hundred and ninety-two dollars ; Falmouth, three thousand 
eight hundred and forty dollars ; Harwich, two thousand 
eight hundred and fifty-six dollars ; Orleans, one thousand 
five hundred and eighty-four dollars; Provincetown, three 
thousand eight hundred and forty dollars ; Sandwich, four 
thousand nine hundred and twenty dollars ; Truro, one 
thousand four hundred and sixteen dollars ; Wellfleet, two 
thousand and eighty-eight dollars ; Yarmouth, throe thou- 
sand three hundred and eighty-four dollars. 

Dukes Count//. — Chilmark, one thousand five hundred county of Dukes, 
and eighty-four dollars ; Edgartown, three thousand seven 
hundred and sixty-eight dollars ; Tisbury, two thousand 
seven hundred and twelve dollars. 

Nantucket Counlij. — Nantucket, ten thousand six hun- county of Nan- 
dred and eight dollars. 

ReSapituiation. — Suff'olk County, seven hundred and Recapitulation, 
seventy-eight thousand five hundred and eighty-four dol- 
lars ; Essex County, two hundred and forty thousand three 
hundred and sixty dollars ; Middlesex County, three hun- 
dred and sixty-nine thousand nine hundred and twelve 
dollars ; "Worcester County, two hundred and twenty-one 
thousand two hundred and eight dollars ; Hampshire 
County, fifty-one thousand six hundred and seventy-two 



528, 1863.— Chapter 221. 

dollars ; Hampden County, seventy-seven tliousand one 
' . hundred and thirty-six dollars ; Franklin County, thirty- 
eight thousand two hundred and thirty-two dollars ; Berk- 
shire County, seventy thousand four liundred and sixty- 
four dollars; Norfolk County, two hundred and twenty-nine 
thousand seven hundred and twenty-eight dollars ; Bristol 
County, one hundred and seventy-five thousand and eighty 
dollars ; Plymouth County, eighty-six thousand five hun- 
dred and ninety-two dolhirs ; Barnstable County, thirty- 
eight thousand nine hundred and twenty-eight dollars ; 
Dukes County, eight thousand and sixty-four dollars ; 
Nantucket County, ten thousand six liundred and eigiit 
dollars. 
Treasurer to issue SECTION 2. The treasurer of the Commonwealth shall 

warrant to asses- ,, , . , t ^ • -i n \ ■ t i 

Bors, etc. lorthwith Send his warrant, with a copy oi this act, directed 

to the selectmen or assessors of each city or town taxed as 
aforesaid, requiring them respectively to assess the sum so 
charged, according to the provisions of the 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. 

Duties of asses- SECTION 3. The treasurer, in his said warrant, shall 

Bors and select- • . i • i i , , j • 

men. rcquirc the said selectmen or assessors to pay, or to issue 

their several warrant or warrants, requiring the treasurers 
of their several cities or towns to pay to said treasurer of the 
Commonwealth, on or before the first day of December, in 
the year one thousand eight hundred and sixty-throe, the 
sums set against said cities or towns in the schedule afore- 
said ; and the selectmen or assessors, respectively, shall 
return a certificate of the names of such treasurers, with 
the sum which each may be required to collect, to the said 
treasurer of the Commonwealth, at some time before the 
first day of October next. 

Penalty for deiin- SECTION 4. If tlic auiount duc froiu any city or town, as 
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, 



quency. 



1863.— Chapters 222, 223. 529 

a warrant of distress may issue against such city or town, to 
enforce the payment of said taxes, under such ])enalties as • 
the said court, or the justice thereof hefore whom the 
bearing is had, sliall order. 

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

Approved April 29, 1863. 



Chap. 222 



Ax Act in additiont to " an act to encourage enlistments and 

REGULATE RECRUITING." 
Be it enacted, cVc, as folloivs : 

The governor may, iu his discretion, appropriate the oovprnor may 

11 J I- ^1 1 i I • 1 1 /i • i appropriate for 

whole or any part ot the bounty authorized by tlie ninety- transport of sec- 
first chapter of the acts of the year eighteen hundred and "'^'i reg. cavalry, 
sixty-three, to the payment of necessary expenses of trans- 
porting the troops of the second Massachusetts cavalry : 
provided, /loiverer, that the whole amount thus expended Proviso. 
in the transportation of said corps, shall not exceed the 
maximum fixed in the said chapter, for bounty and other 
expenses. Approved April 29, 1863. 

An Act concerning horse railroad commissioners. Chap. 223 

Be it enacted, §'c., as follows : 

Section 1. Whenever any horse railroad corporation is connection of 
authorized by law to connect its road or track with the road incases of disa- 
or track of another such corporation, and whenever any c"''t"''°a'ppoint''' 
such corporation, either itself or by its lessees or assigns, commissioners. 
enters upon and uses, iinder authority of law, in any man- 
ner the road or track, or any portion thereof, of another 
such corporation, and the corporations cannot agree upon 
the mode of such connection, or the manner and stated 
periods of such use, or the compensation to be paid therefor, 
the supreme judicial court, upon the petition of either party, 
and notice to the other, shall appoint three commissioners. Duties of commis- 
who, after due notice to and hearing the parties interested, 
shall determine such rate of compensation, or fix the mode 
of such connection, or the manner and stated periods of such 
use, having reference to the convenience and interest of the 
corporations and the public to be accommodated therel)y : and Award. 
the award of the commissioners, or a major part of them, shall 
be binding upon the respective corporations interested therein, 
until the same is revised or altered by other commissioners 
appointed in the same manner ; but no such revision or 
alteration shall be made within one year after the last award. 

Section 2. Whenever commissioners are so appointed M'^y determine 

. ., . ■ ^ p y p \ compensation tor 

to determine the compensation to be paid lor tlie use ot the use of tracks. 
road or track of another corporation, they shall, if desired 



530 



1863.— Chapter 224. 



TJutil deter- 
mined, S. J. 0. 
may prescribe 
rate of month- 
ly payment. 



by either party, determine the compensation to be paid 
therefor from the commencement of such use, excepting, 
however, such period of time, if any, as is covered by the 
award of previous commissioners, or by agreement of the 
parties. 

Section 3. Whenever such entry upon and use of the 
tracl^s of another corporation are liereafter made, tlie cor- 
poration so entering and using shall, until the rate of com- 
pensation is fixed by commissioners, or by agreement, pay, 
montlily, for such use from tlie time of entry at such rate 
as the supreme judicial court shall, on petition of either 
party, and notice to the other, from time to time, order ; 
but the rate of compensation thus fixed by the court shall 
not be deemed, in any manner, to preclude the judgment 
of commissioners, as to the amount which ought justly to 
be allowed and paid for such use. 

Section 4. In case the corporation so using the tracks 
of another corporation fails to make the montlily payment 
herein provided for, the further use of said tracks may be 
enjoined by the supreme judicial court, until all payments 
in arrear have been made or satisfactorily secured. 

Section 5. If the compensation fixed by commissioners 
for such prior use of the tracks of another corporation, 
exceeds the rate previously fixed by the court under the 
third section of this act, the excess shall be paid by the 
party using such tracks ; and in case it falls below said rate, 
the difference shall be deducted from the compensation 
subsequently accruing. 

Section 6. In all cases heard before commissioners 
under the provisions of this act, the expenses and costs 
attending the same, including the compensation of the 
commissioners, shall be paid by such party, or divided 
between the parties in such proportions, as the commission- 
ers determine. The court appointing the commissioners 
shall fix and award them such compensation for their 
services and expenses as is deemed by the court just and 
reasonable. 

Section 7. This act shall take effect upon its passage, 
but shall not affect any proceeding now pending. All acts 
and parts of acts inconsistent herewith, are hereby repealed. 

Approved April 29, 1863. 

Chap. 224 An Act kelating to the rkturns and reports of railroad 

CORPORATIONS. 

Be it enacted, Sfc, asf follows: 

reportrVonform Section 1. Tlic sccrctary of the Commonwealth is here- 
to law. \,Y required to examine the annual railroad returns and 



Injunction in 
case of non-pay- 
ment. 



Dilference in 
award of S. J. C. 
and commi.ssion- 
ers. 



Expenses and 
costs before com- 
missioners, how 
adjusted. 



Pending cases, 
not affected. 



18G3.— Chapters 225, 226, 227. 531 

reports of the year citilitccn hundred. and sixty-two, and all 
subsequent years, and notify the several railroad corpora- 
tions of the particulars, if any, in which their reports do 
not conform to the requirements of law. 

Seci'ion 2. Whenever a railroad corporation, notified as Penmty if corpo- 
provided in section first of this act, shall fail to make any 
subsequent annual returns and reports, so as to conform to 
all such requirements, it shall be the duty of the secretary, 
and he is hereby required, to recover from said corporation 
the penalties provided in section one hundred and thirty- 
five of chapter sixty-three of the General Statutes. 

Approved April 29, 1863. 

An Act concerning the registry of deeds. Chap. 225 

Be il enacted, cVc, as follows : 

Section 1. Registers of deeds shall note upon the record Registers to not* 

„ . 1111 1 i/> value of stamp 

01 any instrument recorded by them, the value or any stamp and cancellation. 
affixed to such instiument, pursuant to the laws of the 
United States, and the cancellation thereof. 

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

Approved April 29, 1863. 

An Act to repeal sections eight and nine of the "act to 

incorporate the MASSACHUSETTS INSTITUTE OF TECHNOLOGY, 
AND TO GRANT AID TO SAID INSTITUTION, AND TO THE BOSTON 
SOCIETY OF NATURAL HISTORY." 

Be it enacted, Sfc, as follows: 

Sections eight and nine of chapter one hundred and Repeal of reser- 
eighty-three of the acts of the year eighteen hundred and lots "on '^Back 
sixty-one, entitled " An Act to incorporate the Massachusetts ^'^^' 
Institute of Technology, and to grant aid to said institution, 
and to the Boston Society of Natural History," are hereby 
repealed. Approved April 29, 1863. 

An Act to incorporate the trustees of the newbukyport QJiQ/n 227 

VETERAN ARTILLERY COMPANY. ^ " 

Be it enacted, §-c., as follows : 

Section 1. John Burrill, William E. Currier, Richard corporators. 
Fowler, their associates and successors, are hereby made a 
corporation by the name of the Trustees of the Newburyport 
Veteran Artillery Company. 

Section 2. Said board of trustees shall consist of not less Number of true- 
than five nor more than nine persons, who shall be mem- ***'^' 
bers of said company. A majority of said trustees shall Quorum, 
constitute a fiuorum for doiny; business, and all vacancies vacancies, how 
that may hapf)en in said board of trustees, by death, resigna- 
tion or otherwise, shall be filled in such manner as the 
members of the company may direct. 



Chap. 226 



532 1863.— Chapter 228. 

May hold real SECTION 3. Said board of trustees shall have power to 

and personal es- , • i i i t i i^ • i 

tate. purchase, receive, hold and manage real estate lor said cor- 

poration, to the amount of ten thousand dollars, and personal 
property belonging to said corporation, and receive any gift, 
grant, bequest or donation which may be made to said cor- 
poration, and manage the same, by investment or otherwise. 

i&wr ^""^ ^^' Section 4. Said board of trustees shall have power to 
make rules, regulations and by-laws in conformity with the 
previous sections, for the government of said company, which 
rules, regulations and by-laws shall be binding on its mem- 
bers. Approved April 29, 1863. 

Chap. 228 -^^ Act to reduce the capital of the merchants' bank of 

BOSTON. 

Be it enacted, ^'c, as follows : 

siTOofooo au- Section 1. The president, directors and company of the 

thdrized. Merchants' Bank, established in the city of Boston, are 

hereby authorized to reduce their capital stock to the sum of 

Proviso. three million dollars : provided, that said reduction shall 

not take place until the bank commissioners, or a majority 
of them, shall have certified, in writing, to the governor and 
council, after due examination, that the said corporation has 
sufficient funds for the payment of all notes, bills, deposits, 
and other liabilities existing against it, and for the purchase 
and extinguishment often thousand shares of its stock, and 
after the payment of all liabilities, and the purchase of its 
stock, as aforesaid, the sum of three million dollars shall 
remain in said bank as capital stock in funds available, for 
all usual and proper banking purposes, nor until the stock- 
holders of said corporation, at a meeting called for that 
purpose, shall vote in favor of said reduction. 

Reduction affect- SECTION 2. Tlic Capital stock of Said bank shall be reduced 

ed by purchase r • i i • • i 

of 10,000 shares as aforcsaid, by the purchase and extinguishment by said 
corporation, often thousand shares of its stock, so that each 
of the remaining thirty thousand shares shall be of the par 

President and valuc of ouc hundred dollars ; and when the capital stock is 

governor!"'"'''^ rcduced, as aforesaid, and the president and cashier of the 
said bank shall have certified, in writing, to the governor and 
council, that the capital stock of said bank has been reduced 
in manner as provided by this act, then all the rights, duties 
and liabilities of said bank shall have relation to, and be gov- 
erned by, said reduced capital stock of three million dollars ; 

Ta^f' "n«i stock and uutil such reduction is made, and the certificate of the 
president and cashier is made as aforesaid, said bank shall 
continue to pay into the treasury of the Commonwealth the 
tax required by law upon its capital stock. 



18G8.— Chapter 229. 533 

Section 3. It shall be the duty of the bank commission- J'JI^^i^^o^^^^^ 
ers, or a majority of them, to make the examination provided 
for by this act, and the necessary expenses incurred by them 
in so doing, shall be paid by said corporation. 

Section 4. This act shall take ed'oct upon its passage. 

Approved April 29, 1863. 

An Act in addition to " an act to preserve a uecoud of our Chcip. 229 

SOLDIERS AND OFFICERS." 

Be it enacted, ^r., as follows : 

Section 1. The first section of an act, entitled, " An ^g''*^^^*^^^^^' •'^• 
Act to preserve a Record of our Soldiers and Officers," ' 
approved March seventh, in the year eighteen hundred and 
sixty-three, is hereby so amended that the record required 
by the provisions of said first section shall, as far as practi- 
cable, state the time and place of birth, names of parents, 
previous occupation, term of enlistment, time of entering 
the service, and whether married or single, of all such 
soldiers and officers. 

Section 2. The clerk of each city and town shall also cierksofcuies 

, „,, -, - 1P1 oil '^"'^ towns to 

keep a luU and com.plete record oi the names oi all seamen prepare record 
and officers, residents of such cities and towns, engaged in offic?r"fnu.'s. 
th6 naval service of the United States, during the present service, 
rebellion, which record shall, as far as practicable, state the 
time and place of birth, name of parents, the date at which 
he entered such service, his previous occupation, whether he 
was married or single, the vessel or vessels on which he 
served, the battles or kind of service in which he was 
engaged, whether he resigned, or was discharged, or desert- 
ed, and the date of such resignation, discharge, or deser- 
tion, the cause of such discharge or resignation, his promo- 
tions, and the dates, occasions, and nature of the same ; 
and, if he died in the service, it shall state the date and 
cause of his death ; and such record shall contain any and 
all such other facts as relate to the naval career of such 
seamen or officers during such rebellion. 

Section 3. The adjutant-general shall prepare suitable J^«^o''^.^ook8 to 

1 1 1 1 1 • n • • 1 1 • c ^ • "'^ furnished. 

blank books, m conformity with the requirements oi this 
act, with proper blanks for marginal notes, and furnish the 
same to the several cities and towns at cost, on the applica- 
tion of the clerk thereof. 

Section 4. All the expenses incurred in making said Expense of mak- 
records, with the cost of the record-books, shall be paid by '"^""^ 
the several cities and towns, and the records, when com- 
pleted, shall be deposited and kept in the city and town 
clerk's office. 

30 



534 1863.— Chapters 230, 231. 

^p^^^- Section 5. The second section of chapter sixty-five of 

tlie acts of the year eighteen hundred and sixty-three, is 
hereby repealed. 

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

Approved April. 29, 1863. 



Chap. 230 



amended. 



An Act in relation to the discharge of vested rights by 

executors and others. 
Be it enacted, Sfc, as Jblloios : 
General statutes, Sectiou cleveu of chantcr one hundred and one of the 
General Statutes is amended by adding thereto the foUownig 
words : provided, that in all cases notice shall be given in 
the same manner as now prescribed by law in relation to 
applications for sales of real estate by the same parties, 
under license from the probate court. 

Approved April 29, 1863. 



Chap. 2^1 



An Act to define the fees for manuscript copies furnished 

BY THE secretary OF THE COMMONWEALTH, AND FOR THE 
EXAMINATION OF RECORDS AND PAPERS. 

Be it enacted, See, as follows : 

Fees for copying. SECTION 1. Tlic fccs rcquircd for copics of acts, resolves 
or orders of the legislature, and of orders or other papers 
of the governor and council, certified by the secretary of the 
Commonwealth, and furnished to any private person, sliall 

Official certifi- be computcd at twenty-five cents for each page ; and twenty- 
five cents shall be added for the oflicial certificate thereto 
attached. 

Fee for recording SECTION 2. Evcry corporatiou and ioint stock company, 

corpora. tc C6rtifi- v i t/ i •/ ' 

cate. upon filing in the secretary's department any certificate of 

organization, increase of capital stock, or other paper to be 
recorded in said department, shall pay therefor the sum of 
one dollar: and an entry of such payment shall be made 
upon the record. 

fecoTdr"""^ °*^ Section 3. Every person upon whose application or 
request, an examination of records or papers shall be made 
by direction of the secretary of the Commonwealth, shall 
pay therefor into said department, the actual expense of 
such examination, and of copying the manuscript or record 

Proviso. required : provided, that any citizen or other person deemed 

entitled to exemption from the fees herein prescribed for 
examinations and copies of papers, shall receive such service 
and copies as the secretary shall decide the case to require, 
for such reduced fees, or without fee, as may seem just. 

fte?reSd.°^ Section 4. All fees received under the provisions of this 
act, shall be included in the certificates of quarterly returns 



1863.— CiiArxERs 232, 233. 535 

of moneys by the secretary, to the treasurer and receiver- 
general. 

Skction 5. The eleventh section of the one hundred Repeal. 
and (ifty-seventh chapter of the General Statutes, is hereby 
repealed. 

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

Approved April 29, 18G3. 

An Act concerning the dorchester railway company. Chap. 232 

Be it enacted, iVc, as follows : • 

Section 1. The organization of the Dorchester Railway organization con- 
Company, under the provisions of section seven of the two ™^ ' 
hundi-ed and seventy-ninth chapter of the acts of eighteen 
hundred and fifty-six, is hereby confirmed. 

Section 2. The said company is hereby authorized to purchase of Dor- 
purchase the franchise, railroad and other property of the co!luthorLed?° 
Dorchester Extension Railway Company, provided such 
purchase shall not be made until the same has been sanc- 
tioned by a majority in interest of the stockholders of both 
companies. 

Section 3. The Dorchester Railway Company is hereby May lease or seu 
authorized to sell or lease its railroad, franchise and other ' 
property, or any part of the same, including what they may 
acquire under the provisions of section second of this act, 
to any other horse railroad corporations in the counties of 
Suffolk and Norfolk, or in either of them: provided, Iioiv- ^'^°'''^^°- 
ever, that no such sale or lease shall be made without the 
sanction of a majority in interest of the stockholders of said 
Dorchester Railway Company, and of a majority in interest 
of the stockholders of the company purchasing or leasing 
the same; and the company T)urcliasino; or leasing the fran- co. purchasing 

I • 1 -1 1 r • 1 T-v 1 i T> -1 ri may hold estate. 

cnise and railroad or said Dorcliester Railway Company, 
may purchase and hold any real estate in Dorchester, which 
may be required for their railroad purposes. 

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

Approved April 29, 1863. 
An' Act to amend the charter of the bay state steam-boat Qhnn 233 

COMPANY. "' 

Be it enacted, §t., as follows: 

Section 1. The third section of an act, entitled "An 
Act to incorporate the Bay State Steam-boat Company," 
approved March twenty-second, in the year one thousand eight 
hundred and forty-nine, is so far amended that if shall read 
as f(jllo\vs : The said company may hold real estate, not Real and person- 
exceeding in value one hundred thousand dollars, and " ''^^^' 
personal property to an amount not exceeding four hundred 



536 1863.— Chapters 234, 235, 236. 

thousand dollars, to be divided into such number of equal 

shares as the said company, by its by-laws, shall determine. 

ProYisions of act SECTION 2. Whenever the said Bay State Steam-boat 

of 1856, when /~^ in j. f • ^ , • 

Toid. Company shall cease to carry passengers or freight in con- 

nection with the Old Colony and Fall River Railroad, in the 
manner in which said business is now done, then the obliga- 
tion contained in section fourth, of chapter one hundred 
and fifty-six, of the acts of the year one thousand eight 
hundred and sixty-one, shall be of no effect. 

Approved April 29, 1863. 

Chap. 234 An Act in relation to savings banks and institutions for 

SAVINGS HOLDING BANK STOCK. 

Be it enacted, Sj^c, as folloxos : 

May continue to Saviugs banks aud institutions for savings holding stock 

hold stock in cer- • i i i . , i i . • . ^ 

tain banks. lu Dauks which may become banking associations, under the 
provisions of section sixty-one of the act of congress, enti- 
tled "An act to provide a national currency secured by a 
pledge of United States stocks, and to provide for the circu- 
lation and redemption thereof," may continue to hold such 
stock in such banking associations. Approved April 29, 1863. 

Chap. 235 An Act in addition to " an act extending the powers of 

EXECUTORS, administrators, GUARDIANS AND TRUSTEES TO 
SETTLE CONTROVERSIES BY ARBITRATION OR COMPROMISE." 

Be it enacted, ^'c, as follows : 

^r'vo.^v ''u- ^'*' Section 1. The provisions of the second section of chap- 

of 1861, how to iTTT f f t 1 o ±^ 

apply. ter one hundred and seventy-four of the laws of the year 

eighteen hundred and sixty-one shall apply to all claims, 
whether the time for prosecuting the same had or had not 
expired at the time of the passage of said act. 

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

Approved April 29, 1863. 
Chap. 236 An Act to levy a tax on the stock of corporations held 

BY persons whose RESIDENCE IS OUT OF THE COMMONWEALTH. 

Be it enacted, 8fc., as follows : 
One-fifteenth of Section 1. Evcry corporatiou organized under a charter 

dividends to be -, i j j i • i • . • i i . • i i 

reserved and paid Or uudcr general statutes, paying dividends in scrip, stock 
as^tax to treasu- ^^ i^ioney, shall rcservc from each and every dividend one- 
fifteenth part of that portion due and payable to its stock- 
holders residing out of the Commonwealth, and shall pay 
the same, as a tax or excise, on such estate or commodity, 
to the treasurer of the Commonwealth, within ten days 
Proviso. after such dividend is declared payable : provided, that this 

act shall not apply to stock standing in the name of execu- 
tors, administrators or trustees, when the income is payable 



18G3.— Chapter 237. 537 

to persons residing in this state so that the stock is liable 
to taxation under existing laws. 

Skction '2. If such corporation sliall neglect to make upon neglect, 
payment to the treasurer, as provided in this act, the treas- recoverwithln^ 
urer shall forthwith commence an action of contract in the '*'^*'- 
name of the Conuiionwealth, for the recovery of the same 
with interest. 

Section 3. Every such corporation shall at all times Books to be sub- 
sulmiit its books to the inspection of tiie treasurer of the "pectiJn° a'^nd re- 
Commonwealth, and shall within ten days after each and ^'|^°8 '^^'^^ *<> 
every dividend is declared, make a return to the treasurer, 
signed and sworn to by the treasurer of the corporation, of 
the rate per cent, and amount of such dividend, the time 
when it was declared, tiie amount of stock owned by and 
the name of each stockholder residing out of the Common- 
wealth ; and any corporation liable to make payment to the Penalty for neg- 
treasurer of the Commonwealth under the provisions of this 
act, neglecting to make this return within the time pre- 
scribed, shall forfeit to the use of the Commonwealth lifty 
dollars for each day's neglect, to be recovered by the 
treasurer. 

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

Approved April 29, 1863. 

An' Act to authorize the raising of money for the erection QJidn 237 
OR enlargement of a jail and house of correction in the ^ " ^ 

county of BARNSTABLE. 

Be it enacted, tVc, as follows : 

Section 1. The county commissioners for the county of county commis- 

, I'll 1 -\- p sinners may bor- 

Barnstable are hereby authorized to borrow, on the credit oi row $13,000. 
the county, a sum not exceeding thirteen thousand dollars, 
the same to be expended by said commissioners, or their 
successors in office, in erecting a suitable building for a jail 
and house of correction, or in enlarging the present jail, in 
the town of Barnstable. 

Section 2. The county commissioners for said county of May apportion 

-P, ,, ,•/< , ii-ii- for assessment. 

Barnstable may apportion, lor assessment upon the niliani- 
tants of said county, such proportion of the sum which 
they may borrow under the authority of the preceding 
section, not exceeding three thousand dollars in any one 
year, as they may determine. 

Section 3. If the said county commissioners shall deter- wav seii present 

. .,11 [.' . .1 lamli if new site 

mine to erect ajau and house 01 correction uj)on some otlier be^seiected. 
site than that of the present jail in Barnstable, they are 
hereliy authorized to sell and execute a deed or deeds to 
convey the lands under and around the present jail in Barn- 



538 



1863.— Chapter 238. 



May build on 
present site. 



Prisoners to be 
confined at New 
Bedford during 
erection. 



County of Bristol 
to be compen- 
sated. 



In case of disa- 
greement supe- 
rior court to 
decide. 



Bepeal. 



stable, and the buildings thereon. And if said commission- 
ers shall determine to build a jail and house of correction 
upon the site of the present jail, they are hereby authorized 
to take down the present jail, and to discontinue the same 
for the time being. And while a new building for the pur- 
poses of a jail and house of correction may be in process of 
construction, the sheriff of the county of Barnstable is 
authorized, whenever it shall appear to him expedient, to. 
transfer and remove any prisoner which may be in his 
custody in said county to the jail or house of correction in 
New Bedford, in the county of Bristol. And during such 
time, any trial justice in any court in said county of Barn- 
stable, may commit any persons, for detention, or under 
sentence, to the jail or house of correction in said New Bed- 
ford, in the same manner as they might have been com- 
mitted in the county of Barnstable. And the keeper of the 
jail and the master of the house of correction in said New 
Bedford, shall receive and detain such persons in the same 
manner as if they had been committed by a trial justice or 
court in the county of Bristol. And there shall be paid to 
the county of Bristol by the county of Barnstable, for the 
support of such persons, so transferred or committed, such 
sum as shall be agreed upon by the county commissioners 
of said counties ; and in case said commissioners shall not 
be able to agree upon the amount to be paid, representation 
of the facts may be made to the superior court sitting in 
either of said counties, and the amount to be paid shall be 
determined by said court. 

Section 4. The seventy-first chapter of the acts of the 
year eighteen hundred and sixty-two, is hereby repealed. 

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

Approved April 29, 1863. 



Chap. 238 An Act concerning the old colony and fall river railroad 

company. 



Authorized to re- 
locate their en- 



Be it enacted, §'c., as folloics : 

Section 1. The Old Colony and Fall River Railroad 
Company are hereljy authorized to re-locate at any time 
within two years, the extension of their railroad authorized 
to be built by chapter one hundred and fifty-six of the acts 
of the year eighteen hundred and sixty-one, entitled "An 
Act to extend the railroad of the Old Colony and Fall River 
Railroad Company to the line of the state of Rhode Island 
and for other purposes," from a point at or near the tunnel 
on the line of their present railroad in the city of Fail 
River, in a southerly direction through said city to the 



1863.— Chapter '239. 539 

former line of the state of Rliode Island, to the tcrmiims 
of a railroad now being constructed from Newport in the 
state of Rhode Island to the former line of the Common- 
wealth of Massachusetts. 

Section 2. The Old Colony and Fall River Railroad May cross at 
Company are hereby authorized to construct their railroad ^tre'ets i^rrau 
at grade with the streets where the same shall cross the ^''""■• 
three following streets or ways in said Fall River : a private 
way or street called Metacomet Street, a private way or 
street, called Mill Street, and a public way or street called 
Broadway. And said railroad company are also hereby May cross Ameri- 

1-1 1 I 11^1 111 <'^" Print Uorks 

authorized to cross the southeasterly and the southerly por- Pond. 
tions of the American Print Works Pond on a solid filling 
of earth, provided the proprietors of said pond consent to Proviso. 
such filling. 

Section 3. Whenever said railroad company shall re- upon re-iocation, 
locate the extension of their said railroad as authorized by previoufoiir " 
this act, they shall surrender and abandon the location of 
the extension of their said railroad heretofore made and 
filed, by an instrument duly executed by said railroad 
company and filed with the clerk of the county commis- 
sioners for Bristol County; and said railroad company, shall Liability for dam- 
only be liable for such damages for said first location of said *°'''' 
extension of their railroad as shall have accrued up to the 
time of said surrender. 

Section 4. When streets shall be crossed over or under prade at cross- 
the same by the railway, the grading to and from said d^fstreeL/ 
crossing shall be made satisfactory to the city authorities of 
Fall River and at the expense of the railroad company ; and Damage to abut- 
said company shall also pay all damages to abutters on said 
streets, occasioned by raising or lowering the same. The 
said railroad company shall also make proper provision at 
their own expense for any obstruction to the sewerage or 
drainage occasioned by the construction of said railroad. 

Section 5. This act shall be void unless accepted by said Act void unless 
railroad company within six months from its passage, at a "'"^'^p'* • 
meeting of the stockholders of said railroad company legally 
called and held for the purpose. 

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

Approved April 29, 1863. 



Chap. 239 



An Act relating to an annual abstract of pcblic documents 

and reports. 
Be it enacted, §-c., as follows: 

Section 1. The secretary of the Commonwealth shall Tabuur abstract, 

, -, . •' 11.1 . '""i notes, to be 

cause to be prepared and presented to the legislature, m prepared. 



540 



1863.— Chapter 240. 



printed form, annually, a tabular abstract of each of the 
public documents and reports of the year next preceding, 
so far as the same shall be practicable ; together with such 
other tables, notes and explanations as will illustrate the 
general financial and industrial conditiou of the Common- 
wealth, the condition of the several public charitable and 
penal institutions, and such other statistical information 
relating to the Commonwealth and its institutions, as he 
shall deem practicable and valuable for reference. Such 
document shall be deemed a "public" document, under 
chapter four of the General Statutes, and shall take pre- 
cedence in the numbering and arrangement of the same. . 
Section 2. This act shall take effect upon its passage. 

Approved April 29, 1863. 



Chap. 240 



Board of state 
charities estab- 
lished. 



General agent, 
appointment, 
tenure, and du- 
ties. 



An Act in relation to state charitable and correctional 

institutions. 
Be it enacted^ §'c., as follows: 

Section 1. The governor, with the advice and consent 
of the council, shall appoint five persons who, together 
with the general agent and secretary hereinafter mentioned, 
shall constitute the board of state charities. One of the per- 
sons so appointed shall hold office for one year ; one of them 
for two years and one for three years ; one for four years 
and one for five years, unless sooner removed. Appoint- 
ments to fill vacancies, caused by death, resignation or 
removal before the expiration of terms, may be made for 
the residue of such terms by the governor and council ; and 
all appointments to fill vacancies caused by expiration of 
terms shall be made in the same manner. 

Section 2. The governor, with the advice and consent 
of the council, shall appoint some suitable person as general 
agent of state charities, who shall hold his office for three 
years, imless sooner removed. He shall be a member of 
the board of state charities, ex officio, and shall, subject to 
the control and direction of tlie said board, oversee and 
conduct its out-door business, especially the examination of 
paupers and lunatics, to ascertain their places of settlement 
and means of support, or who may be responsible therefor ; 
the removal of paupers and lunatics to their usual homes ; 
the prosecution of cases of settlement and bastardy ; the 
collection of emigrant head-money and the bonding of 
suspicious persons, and all and singular the duties now 
devolved by law upon the superintendent of alien passen- 
gers for the city of Boston. 



1863.— Chapter 240. 541 

Section 3. Tlio irovcrnor, witli the advice and consent secretary of 

. , •1111 ■ i. -ill i 1 board, tenure 

01 the council, shall a|)i)oint sonic suital)le ))crson to he ana duties, 
t-ecretary of the hoard oi' state charities. He shall hold his 
office three years, unless sooner removed. He shall keep 
an accurate record of the proceedings of the board and 
shall perform such clerical service as they may require. 
He shall, under the direction and control of the board, 
examine the returns of the several cities and towns in rela- 
tion to the support of paupers therein, and in relation to 
births, deaths and marriages, and he shall prepare a series 
of interrogatories to the several institutions of charity, 
reform and correction, supported wholly or in part by the 
Commonwealth, or the several counties thereof, with a view 
to illustrate in his annual report the causes and best treat- 
ment of pauperism, crime, disease and insanity. He shall 
also arrange and jiublish in his said report all desirable 
information concerning the industrial and material interests 
of the Commonwealth, bearing upon these subjects, and 
shall have free access to all reports and returns now required 
by law to be made ; and he may also propose such general 
investigations as may be approved by the board. He shall salary. 
be paid, annually, the sum of two thousand dollars and his 
actual travelling expenses. 

Section 4. The board of state charities shall be provided Location, and 
with suitable rooms in the state house. They shall hold wd°^^ 
meetings on the first Wednesday of every month. They 
may make such rules and orders for the regulation of their 
own proceedings as they may deem necessary. They shall Powers and du- 
investigate and supervise the whole system of the public 
charitable and correctional institutions of the Common- 
wealth, and shall recommend such changes and additional 
provisions as they may deem necessary for their economical 
and efficient administration. They shall have full power to 
transfer pauper inmates from one charitable institution or 
lunatic hospital to another, and for this purpose to grant 
admittances and discharges to such pauper inmates, but 
shall have no power to make purchases for the various 
institulijiis. They shall receive no compensation for their compensation, 
services except their actual travelling expenses, which shall 
be allowed and paid. 

Section 5. The board of state charities shall annually Annual report, 
prejjare and print for the use of the legislature a full and 
complete report of all their doings during the year preced- 
ing, htating fully and in detail all expenses incurred, all 
officers and agents employed, with a report of the secretary 
and general agent, embracing all the respective proceedings 

31 



542 1863.— Chapter 241. 

and expenses during the year, and showing the actual con- 
dition of all the state institutions under their control, with 
such suggestions as they deem necessary and pertinent. 
Com 'rs alien pas- SECTION 6. The board of commissioners in relation to 

sengers, and su- ,. i j i i 1 1 ^^ n 

perintendent, in alieu passcugcrs and state paupers, and the oince oi superin- 
fboushedanddu- teudcut of alicu passengers in the city of Boston are hereby 
ties transferred. aboHshcd, and tlic dutics now required by law to be per- 
formed by the incumbents of said offices shall be performed 
by the secretary and general agent herein provided for, 
subject to the control and direction of the board of state 
charities. No compensation shall be allowed for this service 
except actual travelling expenses. 
Salary of agent. SECTION 7. The general agent shall be paid annually the 
sum of two thousand dollars in full for all his services, and 
Appointmpntand j^jg Qctual travelling expenses. The general agent and 
pay assisan . gg^j^g^g^j.^.^ subjcct to the approval of the board, may employ 
such assistants, and incur such expenses as they may deem 
necessary, within the limits of the annual appropriations ; 
and the balance of appropriations already made for the alien 
commissioners and the superintendent of alien passengers, 
remaining unexpended on the first day of October, eighteen 
hundred and sixty three, shall be held subject to the require- 
ments of the board. 
Secretary Tre SECTION 8. Tbc sccrctary and general agent shall re- 
bonds, spectively give bond to the treasurer of the Commonwealth, 
with sufficient sureties, for the faithful performance of their 
duties, in such sums as may be required in their commis- 
sions. 
Support of non- SECTION 9. The cxpcuses of the lunatic hospitals for the 

resident lunatics. ^ /> i x* j i • i i.ii x • i.i • 

support of lunatics not havmg known settlements in tins 
state committed thereto, shall be paid by the Commonwealth 
at the same rates charged for other lunatics residing therein, 
not exceeding two dollars and twenty-five cents a week for 
each lunatic. 

Repeal. SECTION 10. All acts and parts of acts inconsistent with 

this act are hereby repealed. 

Act. when to take SECTION 11. Tliis act, SO far as the appointment of officers 
under it is concerned, shall take effiict upon its passage ; and 
for all other purposes, on the first day of October in the year 
one thousand eight hundred and sixty-three. 

Approved April 29, 1863. 

« 

Chat). 241 -^N -^"^T INCORPORATING THE UNION FREIGHT HORSE RAILROAD 
"' COMPANY. 

Be it enacted, Sfc, as follows : 
Corporators. SECTION 1. Gcorgc B. UptoH, Alfred C. Hersey, John L. 

Gardner, their associates and successors, are hereby made a 



186:3.— Chapter 241. 543 

corporation, by the name of the Union Freight Horse Rail- Title. 
road Company, witii power to construct, maintain and use 
a railway or railways, with convenient single or douljle 
tracks, commencing at some convenient point at or near the Location. 
freight station of tlie Boston and Lowell Railroad Company, 
in Lowell or Brighton Streets, in the city of Boston, and 
continuing thence upon and over Causeway, Commercial, 
India, Broad, (or India, Custom House and Broad,) Federal, 
Kneeland and Eliot Streets, to the tracks of the Boston and 
Providence Railroad Company, in the city of Boston ; thence 
upon and over such streets, in the city of Boston, as may be 
designated from time to time, by the mayor and aldermen 
of said city, with the written consent of said corporation, 
filed with the city clerk of said city, to the point of begin- 
ning : provided, however, that said tracks shall not be laid Provisos. 
in any of the streets of said city without the consent of the 
said mayor and aldermen being first obtained; and provided 
also that in carrying out the purposes of this corporation, 
the route aforesaid may be varied through any streets other 
than those designated, by and with the consent of the mayor 
and aldermen of the city of Boston : and provided, also, 
that all tracks of said railroad shall be laid at such distances 
from the sidewalks in said city, as said mayor and aldermen 
shall determine to be for the public safety and convenience. 
Said mayor and aldermen, before proceeding to locate any Notice to abut- 
tracks in any street, as aforesaid, shall give notice to the *'"'^' 
abutters thereon, by publication thereof in one or more 
newspapers published in said city, fourteen days at least 
prior to the location of any such tracks. Said corporation Rates of compen- 
shall have power to fix, from time to time, such rates of ^''"°"' 
compensation for transporting property thereon, as they may 
think expedient, and shall have all the powers and privi- Powers and pm- 
leges, and be subject to all the duties, liabilities and restric- ^''^^"' 
tions set forth in the sixty-eighth chapter of the General 
Statutes. 

Section 2. Said tracks and road shall be operated and Motire power. 
used by said corporation with horse-power only. Said mayor Rate of speed and 
and aldermen shall have power, at all times, to make all ^'"■"'°^''*"' 
such regulations, as to the rate of speed and mode of use 
of said tracks, and the form of rail to be used, as the public 
convenience and safety may require. 

Section 3. Said corporation shall maintain and keep in Repairs of streets. 
repair such portions of the streets, respectively, as shall be 
occupied by their tracks, and shall be liable for any loss or Liability for loas 
injury that any person may sustain by reason of any care- °'''°J*"fy- 
lessness, neglect or misconduct of its agents and servants, 



544 



1863.— Chapter 241. 



Penalty for ob- 
structing road. 



Penalty if corpo- 
ration obstruct. 



Capital. 



Real estate. 



City of Boston 
may after ten 
years purchase 
franchise. 



May determine 
grade and man- 
ner of con- 
Btruction. 



in the management, construction or use of said tracks or 
roads ; and in case any recovery shall be had against said 
city of Boston, by reason of such defect, want of repair or 
use, said corporation shall be liable to pay to said city any 
sums thus recovered against them, together with all costs 
and reasonable expenditures, incurred by said city in the 
defence of any such suit or suits in which such recovery 
shall be had. And such corporation shall not incumber 
any portion of the streets not occupied by the said road or 
tracks. 

Section 4. If any person shall wilfully or maliciously 
obstruct said corporation in the use of said road or tracks, 
or the passing of the cars or carriages of said corporation 
thereon, such persons, and all who shall be aiding or abet- 
ting therein, shall be punished by a fine not exceeding five 
hundred dollars, or may be imprisoned in the common jail 
for a period not exceeding three months. If said corpora- 
tion or its agents or servants, shall wilfully and maliciously 
obstruct any highway, or the passing of any carriages over 
the same, such corporation shall be punished by a fine not 
exceeding five hundred dollars. 

Section 5. The capital stock of said corporation shall 
not exceed the sum of three hundred thousand dollars, to 
be divided into shares of one hundred dollars each ; and no 
shares shall be issued for a less sum to be actually paid in 
on each, than the par value of the shares which shall first 
be issued. 

Section 6. Said corporation shall have power to pur- 
chase and hold such real estate as may be necessary or 
convenient for the purposes and management of said road. 

Section 7. The city of Boston may at any time during 
the continuance of the charter of said corporation, and 
after the expiration of ten years from the opening of any 
part of said road for use, purchase of said corporation all 
the franchise, property, rights and furniture of said corpora- 
tion, by paying them therefor such a sum as will reimburse 
to each person who may then be a stockholder therein, the 
par value of his stock, together with a net profit of ten per 
cent, per annum from the time of the transfer of said stock 
to him, on the books of the corporation, deducting the 
dividends received by said stockholders thereon. 

Section 8. The said road shall be constructed and main- 
tained in such form and manner and upon such grade, as 
the said mayor and aldermen may prescribe and direct ; and 
whenever in the judgment of said railroad corporation, it 
shall be necessary to alter the grade of any street occupied 



1SG3.— Chapter 241. 545 

by it, such alteration may be made at the sole expense of 
said corporation : />rovided, the same shall be assented to by Proviso, 
said mayor and aldernien. 

Section 0. Said corporation may make snch connection company may 
with the tracks of any of the steam railroads having a st'e.'.mmiiroad.s 
terminus in Boston, with the consent of the respective j'nBoaton'""""* 
companies owning the same, and may make or allow to be 
made, such extension or side tracks from their tracks to 
and upon any wharves, and to any warehouse, mill, foundry, 
machine-shop, manufactory, or other industrial establisli- 
ment or estate, with the consent of the owners thereof, as 
may be necessary or convenient for the business of the 
corporation : provided, lioioever, that neither such consent Provisos. 
or connection, or any thing herein contained, shall authorize 
the corporation hereby created, to apply to the supreme 
judicial court, to appoint commissioners under the one 
hundred and seventeenth and one hundred and eighteenth 
sections of the sixty-third chapter of the General Statutes, 
or to use any steam railroad, under the provisions of said 
chapter; and provided, also, that if the owners of any 
wharf, shall, at their own expense, construct a track thereon, 
it shall be the duty of said corporation to connect the same 
with their road, by means of a switch, and to receive and 
deliver freight at said switch, and haul the same at their 
established rates of toll ; and provided, also, that said corpo- 
ration shall not lay down any tracks south of Kneeland 
Street, except for the purpose of making convenient connec- 
tions north of Dover Street, with the track of any existing 
steam railroad ; and for that purpose only. 

Section 10. Said corporation may enter upon, connect May connect with 
their tracks with, and use any part of any other horse rail- roads upon con- 
road track, with the written assent of the owners thereof, sent of parties. 
but not otherwise, and upon such terms as they may 
mutually agree ; and thereupon may strengthen or improve 
such track, so as to make it suitable for the transportation 
of freight; and they may suffer other parties to enter upon 
and use or operate their road, or any part thereof, for the 
transportation of freight only, upon such terms as they may 
mutually agree. Notl)ing in this act contained shall author- 
ize said corporation to enter upon and use any portion of 
the tracks of any other horse railroad, without the written 
assent of the owners thereof, and of the mayor and alder- 
men of said city of Boston. 

Section 11. Nothing in this act shall be construed to Right of city to 
prevent the authorities of the city of Boston from taking up t^ke up streets. 
any of the public streets traversed by said railroads, for tiie 



546 1863.— Chapters 242, 243. 

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

May discontinue SECTION 12. At any time, after the expiration of one 

tracks. ^^^^, from the opening for use of the tracks of said railroad 

in any street in which the same may be located, the said 
mayor and aldermen may determine that said track, or any 
part thereof, shall be discontinued ; and thereupon the loca- 
tion shall be deemed to be revoked, and the tracks of said 
railroad shall forthwith be taken up and removed, in con- 
formity with such vote or order as said mayor and aldermen 

Proviso. may pass thereon : -provided, that such taking up and 

removal shall be at the expense of said railroad company. 

Company, how SECTION 13. Said corporatiou shall be deemed a railroad 

far deemed a rail- ,• n ,■ ^ • i. j_ i ^ i 

road corporation, corporatiou, SO lar as to DC suDjcct to make such annual 
returns to the legislature, as are or may be prescribed by 
law ; and to all general provisions of law that are or may 
be prescribed relative to horse or street railroads. 

Conditions of va- SECTION 14. This act sliall be void so far as relates to 

^° ^'^' the right to construct said road, unless the same shall be 

accepted by the city council of the city of Boston, and by 

said corporation, and ten per cent, of the capital stock 

thereof be paid in, within one year from its passage. 

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

Approved April 29, 1863. 

Chap. 242 -^^ -^^'^ concerning usury. 

Be it enacted, Sfc, asfolloics: 

Usury not a de- Usury bctweeu the payee and the maker of a promissory 

c*ertein°p^romrss°o'^ uotc, payable ou time, shall not be a defence to an action 

ry notes. thcrcou, brought by the indorsee to whom the same was 

indorsed before maturity, for value and without notice, 

express or implied, of the usury. Approved April 29, 1863. 

Chat). 243 ^^ -^^^ ^'^ addition to an act concerning the militia. 

Be it enacted, §'c., as follows : 

Governor may SECTION 1. The govcmor, with tlic advice and consent of 

arfd equip. '^'^'^ the council, is authorized to organize, arm and equip, under 

such regulations as he may prescribe, so many of the enrolled 

militia as may be necessary for the common defence. 

Cavalry, infantry SECTION 2. The militia SO Organized shall consist of at 

and artillery, or-i, • i. c ix • j. c ^ ^ j. 

ganization pre- Icast ouc rcgimeut 01 cavaliy, to consist oi twelve troops or 
companies ; one regiment of artillery of not more than twelve 
batteries, and eight regiments of infantry of ten companies 
each, which shall be officered in the manner prescribed by 
the laws of the United States, and of this State, concerning 



scribed. 



1863.— Cii.\rTEii 2U. 547 

the militia. The governor shall divide the militia into 
divisions and brigades. 

Section 3. The governor may appoint one major-general, Major-generai, 
to command the militia thus organized, who shall hold his appointprotem. 
office until the next session of the legislature, when a major- 
general shall be chosen in accordance with the provisions of 
the constitution. 

Section -1. The general, staff, field and company officers, officers, how 
and the non-commissioned officers of the militia thus organ- edTnd' commu- 
izod, shall be chosen, appointed and commissioned agreeably ^^^°^^- 
to existing laws ; but the habitual use of intoxicating liquors 
as a beverage shall disqualify any person from holding a 
commission under this act ; and no commission shall issue Qualifications. 
to an officer elected or appointed, unless he is qualified by 
education and ability to- discharge the duties of his office : 
and the commander-in-chief may appoint a military board to Governor may 

. ^ ,, . ,.^ ' '. 1 ™ . •' r« 11 appoint board 

examme into tlie capacity, qualihcations and efficiency oi all oi examiners. 
persons claiming or holding a commission in the militia under 
the rank of a major-general, and if the report of the board is 
unfavorable to the officer, his commission shall be vacated 
or withheld, as the case may be. 

Section 5. Uniforms, arms and equipments shall be pro- uniforms, arms 
vided for the militia thus organized, in general conformity ° eqmpmen s. 
with those furnished to similar troops in tlie service of the 
United States. And the governor may, in his discretion, 
arm a portion of the infantry with rifles. 

Section 6. The pay of the militia so enrolled shall be the Pay and aiiow- 
same as now provided by law, except that officers and non- 
commissioned officers serving on foot, and privates, shall 
be allowed for their personal service wben called out for dis- 
cipline, one dollar each per day, and one ration, valued at 
thirty cents. 

Section 7. The commander-in-chief may call out the P^'f ipiine and 

, . . •' instruction, gov- 

militia mentioned in this act for discipline and military emor may di- 
instruction, at such times and places as may be expedient 
•and necessary ; and may issue all such orders as are neces- 
sary to carry this act into effijct. 

Section 8. This act shall take effect upon its passage. 

Approved April 29, 1863. 

An Act in relation to banks surrendering their charters 
UPON becoming banking associations under the laws of the 
united states. 

Be it enacted., §t., as folloivs : 

Section 1. Any bank incorporated or organized by Action under 
authority of this Commonwealth, whicli shall become an ^urrenXr^^oT*^ 
association for carrying on the business of banking under the '='''''^'«'"- 



Chap. 244 



548 1863.— Chapter 244. 

laws of the United States, shall be deemed to have sur- 
rendered its charter, if it shall have complied with the 

Proviso. requirements of this act: provided, th?it every such bank 

shall nevertheless be continued a body corporate for the terra 
of three years after the time of such surrender, for the pur- 
pose of prosecuting and defending suits by and against it, 
and of enabling it to close its concerns, and to dispose of and 
convey its property, but not for the purpose of continuing 
under the laws of this Commonwealth the business for which 
it was established. 

Cashier shall Sectioin 2. Whcu a bank, at a meeting of the stockhold- 

publish notice, ' ..",.,. 

and notify stock- crs, lias votcd to bccomc such association, and its directors 
have procured the authority of the owners of two-thirds of 
the capital stock to make tlie certificate required therefor by 
the laws of the United States, the cashier shall publish notice 
thereof, for thirty days, in such newspapers as the bank 
commissioners may direct, and send like printed notice by 
mail to each stockholder. 

Bank coinmis- SECTION 3. The bank commissioners shall determine and 

sioners to deter- ._ it i if- i i p 

mine value of Certify to tlic directors, wliat was the lair market value ot 
shares. ^j^^ sliarcs of such bank at the time of paying the last divi- 

stockhoiders.iur- dciid ; and if within said thirty-days, any stockliolder who 

rendering shares , .•• ^ • • • i .i-, . • r- • ••• 

to receive value, has not jouied HI giviiig sucli authority, notiiies, in writing, 
the president or cashier, of his desire to surrender his stock 
upon receiving tlie value thereof as so determined, such 
bank shall, within thirty days thereafter, pay such stock- 
holder for his shares, according to said valuation, with 
interest from the time of paying said dividend, upon his 
surrendering his shares. 

Capital to he re- SECTION 4. Thc Capital stock of such bank shall be 

duced on surren- t i i n t i /• i i 

der of share. rcduccd to the cxtcut 01 the par value 01 the shares so sur- 
rendered, and may be further reduced to any amount fixed 
by authority of the owners of two-thirds of the capital stock, 
by purchase and cancellation of shares, by reducing the par 
value of each share, or by both methods as the directors 
may determine. 
lo^f,' how 7is. Section 5. The plates and dies of such bank shall be 
posed. disposed of according to the provisions of section one hun- 

dred and eight of chapter fifty-seven of the General Statutes, 
in like manner as those of banks wliose charters expire or 
are forfeited ; and all printed bills of the bank, not in 
actual circulation, whether signed or unsigned, shall be 
destroyed. 
S Je°curUy"for SECTION 6. Such bank shall give security for the full and 
redemption re- prompt redemption, on demand, of all the bills of the bank 
"^"'"^^ ' issued before becoming such association, either by furnish- 



18G;3.— Chapter 245. 549 

inpr to the Commonwcaltli a sufficient hoiid, or by depositing 
stocks or other securities with the auditor, or by both, to the 
satisfaction and approval of the bank commissioners. The 
bond and securities, with the approval, and by permission of 
the bank commissioners, may be changed or reduced, from 
time to time, as tlie bills of the bank are redeemed and 
destroyed, and evidence thereof furnished to said com- 
missioners. 

Section T. The bank tax imposed by the laws of this state tax. 
Commonwealth, shall be paid by such bank up to the date 
of its becoming such association, in proportion to the time 
since the next preceding payment thereof. 

"Section 8. Wlien a bank furnishes to the bank commis- commissioners to 
sioners satisfactory evidence, by the oath of its officers, by has^'^^mpM"^ 
exhibition of its books, or otherwise, that all the require- '^''^"^"'''t' 

' 1 1 • 1 • 1 tuents of act. 

ments of this act have been complied with in relation to 
such bank, and that it has become a banking association 
under the laws of the United States, the commissioners 
shall certify the facts to the governor and council, who shall GoTsmor to 
cause notice thereof to be published in some newspaper in caUon.^" 
Boston, and the charter of tlie bank shall thereupon be 
deemed to be surrendered, subject to the provisions of the 
first section of this act. 

Section 9. Nothing in this act shall be construed as Act. how con- 
releasing such association from its obligation to pay and dis- ^"^'^®'^- 
charge all the liabilities incurred by the bank before becoming 
such association. 

Section 10. This act shall take effect upon its passage. 

Approved April 29, 1803. 
An Act concekning probate courts in the county of Chav. 245 

PLYMOUTH. -^ 

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

Section 1. Probate courts within and for the county of Time and places 
Plymouth shall be held in each year at the times, and within °^ '^°^'^'°s- 
the towns hereinafter mentioned, viz. : at Plymouth on the 
second ^londay of every month, except July and August; at 
Wareham on the fourth Monday of October; at Kast Bridge- 
water on the fourth Mondays of February and December; 
at Ilingham on the fourth Monday of March ; at Middle- 
borough on the fourtii Mondays of April and January and 
second Monday of July; at Abington on the fourth Mondays 
of May, August and November; at South Scituate on the 
fourtli Monday of June; at Bridgewater on the fourtli 
Monday of September. 

Section 2. So much of the one hundred and seventeenth Repeat. 
chapter of the General Statutes, as requires probate courts 

32 



550 



1863.— Chapters 246, 247. 



Act, when in 
force. 



Chap. 246 



Act of 1862, con- 
struction defiued 



to be holden in the county of Plymouth otherwise than is 
provided in tliis act, is hereby repealed. 

Section 3. This act shall take effect on the first day of 
July next ; and all citations which have been ordered to be 
returned to any probate court in the county of Plymouth 
subsequent to said date, shall be returned to the probate 
court at Middleborough on the second Monday of said July, 
and the like proceedings may be had in respect to such 
citations as if they had been returned as originally ordered. 

Approved April 29, 1863. 

An Act in addition to an act to define and regulate th^ 
enforcement of the liabilities of officers and stock- 
holders of manufacturing corporations. 

Be it enacted, ^c, as follows : 

Section 1. Chapter two hundred and eighteen of the 
acts of the year eighteen hundred and sixty-two, shall not 
be construed to release any manufacturing corporation 
organized under chapter sixty-one of the General Statutes, 
or the officers of any such corporation from their obligation 
to file the certificates and publish the notices required by 
said chapter sixty-one of the General Statutes. 

Section 2. If the officers of any corporation organized 
under the provisions of chapter sixty-one of the General 
Statutes neglect or refuse to perform the duties required by 
chapter two hundred and ten of the acts of the year eighteen 
hundred and sixty-two, they shall be jointly and severally 
liable for all debts of the corporation contracted during the 
continuance of such violation, refusal or neglect. 

Approved April 29, 1863. 

Chap. 247 An Act requiring corporations to make returns to the 

ASSESSORS OF CITIES AND TOWNS. 

Be it enacted, Sfc, asfullows: 

Section 1. In addition to the returns required by sections 
twenty and twenty-one, chapter sixty-eight of the General 
Statutes, to be made to assessors of cities and towns, banks, 
insurance companies, corporations mentioned in chapters 
sixty and sixty-one of the General Statutes, railroad, bridge, 
turnpike, canal and aqueduct corporations shall annually, 
between the first and tenth days of May, return by mail or 
otherwise to the assessors of every city and town in the 
Commonwealth, a complete list of their shareholders, with 
their place of residence, the number of shares belonging to 
each on the first day of May, and the par and cash market 
value of such shares ; and shall also state the whole amount 
of the capital stock of the corporation, and the amount at 



Liability for neg- 
lect of duties. 



Corporations 
to furnisli an- 
nually in May 
list of stock- 
holders, with 
shares, capi- 
tal and value. 



1863.— Chapters 248, 249. 551 

the value at which it was last assessed, of its real estate sub- 
ject to assessment on the first day of May, and of machinery 
as last assessed to it in the city or town where its place of 
business is situated. The returns for tiie present year may 
be made on or before the twentieth day of May. 

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

Approved April 29, 1863. 

Ax Act relating to the punishment of certain frauds. Chap. 248 
Be it enacted, ^'c, as follows : 

Section 1. The offence described in the fifty-fourth sec- Prosecution may 

tion of chapter one hundred and sixty-one of the General ty "r offence or 

Statutes, may be alleged iu the indictment, and may be t'^^'^P"'^*- 

prosecuted and punished, in any county in which the false 

pretence, or the privy or false token was made, written or 

used, or in or through which any of the property obtained 

is carried, sent, transported or received by the party charged. 

Section 2. Whoever, under false color and pretence of f«°aHyforob- 
, . J J 1- • xl J- staining goods 

carrying on business, and dealing in the ordinary course oi with intent to 
trade, obtains from any person goods or chattels, with intent 
to defraud, shall be punished by imprisonment in the state 
prison, not exceeding five years, or by fine not exceeding 
five hundred dollars and imprisonment in the jail not more 
than two years. 

Section 3. Whoever buys, receives or aids in the con- Pen'ityforknow- 

1 P 1 111 • 1 ^ M '"g'y receiving 

cealment oi goods or chattels, knowing the same to na;9e goods faiseiy ob- 
been obtained from any person under false color and pretence ^''^^^• 
of carrying on business, and dealing in the ordinary course 
of trade, with intent to defraud, shall be punished by impris- 
onment in the state prison not exceeding five years, or by 
fine not exceeding five hundred dollars and imprisonment 
in the jail not exceeding two years. Approved April 29, 1863. 

An Act concerning fire insurance companies. Chap. 249 

Be it enacted, ^-c, as follows : 

Section 1. Tlie charters of all fire insurance companies, suspension of 
which, either by the vote of their members, the neglect of jeai'tovoid'cha"- 
their officers, or in obedience to injunctions from the supreme *"' 
judicial court, have ceased, or shall hereafter cease, for the 
period of one year, to transact the business for which they 
were established, shall become extinct in all respects as if 
they had expired Ijy their own limitation. 

Section 2. The supreme judicial court shall have s. j. c. may de- 
authority, upon the application of the insurance commis- tiemenTofsSalrs' 
sioners, or any person interested, to fix, by decree, the time 



552 1863.— CHArxER 249. 

within which such company shall settle and close their 
concerns. 
Applications to SECTION 3. When an application is made to the supreme 
actof i862"to be judicial court, under the provisions of chapter one hundred 
referred an auoi- ^^-^^ eightj-onc, of the acts of the year eighteen hundred and 
sixty-two, the same shall be referred to an auditor, who shall 
appoint a time and place to hear all parties interested iii the 
assessment or call, and shall give personal notice thereof, in 
writing, to the insurance commissioners, and through the 
post office, so far as he may be able, to all persons liable 
Auditor to hear upou Said asscssmcut or call. And said auditor shall hear 
and report. ^|^g parties, and report upon the correctness of said assess- 
judge may de- mcut Or Call, and all matters connected therewith. And if 
sessment'"^ ^^' it sliall appear to the presiding judge of the court before 
which such application is pending, that the net proceeds of 
any assessment or call will not be sufficient to furnish sub- 
stantial relief to those having claims against the company, 
said judge may decree that no assessment shall be collected; 
May stay coiiec- and whcu, upou the application of the insurance commis- 
sioners, or any person interested, said judge shall be of 
opinion that further attempts to collect any assessment then 
partially collected will not benefit those having claims against 
the company, he may stay the further collection of said 
assessment. 
Cash premiums SECTION 4. Wheucvcr the directors of any mutual fire 

on unexpired . r> i i • /^ t i i 

risks exceeding insurancc company find that its funds, other than premium 
may^niakrcer- uotcs, arc uot cqual to thc cash premium on the unexpired 
tain assessments, ^gp^^ ^f ^j^g existing risks, and that the company is in dan- 
ger of becoming insolvent, instead of the assessment or call 
now provided by law, they may make two assessments, the 
first determining what each policy-holder must equitably 
pay or receive in case of withdrawal from the company and 
having his policy cancelled, the second what further sum 
each must pay in order to re-insure the unexpired term of 
his policy at the same rate as the whole was insui'cd at first; 
and each policy-holder shall pay or receive according to the 
first assessment, and his policy shall then be cancelled unless 
he prefers to pay the further sum determined by the second 
assessment, in which case his policy shall continue in force : 
ProTiso provided, that in neither case shall any policy-holder receive 

or have credited to him more than he would have received 
on having his policy cancelled by vote of the directors, under 
dent?'^compaS ^^^^ l^J-laws of thc compauy. If, within two months after the 
shaii'cease to is- asscssmcuts liave been collectable, the amount of the policies 
suepoicies. whose holdcrs have settled for both assessments shall not 
equal the amount required by the charter of the company 



1803.— Chapter 250. 553 

for the commencement of business, and in no case less than 
two luindiod and fifty thousand dollars, the company shall 
cease to issue policies ; and all policies whose holders have 
not settled for both assessments shall then be void, and the 
company shall continue only for the purpose of adjusting 
the deficiency or excess of {)rcmiums among the members 
and settling outstanding claims. 

Section 5. The provisions of chapter one hundred and Acts of i862 and 
eighty-one of the acts of the year eighteen hundred and how'to^pr/f'"' 
sixty-two, and of the second and third sections of this act, 
shall apply to the assessments described in the preceding 
section ; and the court may make such orders and decrees 
in the premises as under all the circumstances justice and 
equity may require. 

Section 6. The term "liabilities" in the fifty-first section "Liabilities," 
of the fifty-eighth chapter of the General Statutes shall '«™<i«fi°«d. 
include a sum sufficient to re-insure all outstanding risks. 

Section 7. Whenever, after setting aside a sum equal cash assets not 

. ., . p j.\ • ] . • .• • 1 exceeding three- 

to the premiums tor the unexpired term on existing risks, fourths of capi- 
tlie cash assets of any fire insurance company with a specific assessanrrepair*! 
capital do not amount to more than three-fourths of its 
original capital, the company shall, by assessing the stock 
for the difference, repair its capital to the original amount. 

Section 8. Shares on which such assessment is not paid Non-payment of 
within sixty days after demand upon the owner thereof shall feilfshares. 
be forfeitable and subject to be cancelled by a vote of the 
directors, and new shares may be issued to make up the 
deficiency. 

Section 9. Any insurance company, with a specific cap- Proceedings in 
ital, which does not, within three months after receiving trresfore*capi- 
notice from the insurance commissioners that its capital is ''^^• 
legally subject to repair as aforesaid, satisfy them that it has 
been fully restored to its original amount, with the reserve 
of premium aforesaid against existing risks, shall be pro- 
ceeded against according to section six of chapter fifty-eight 
of the General Statutes. 

Section 10. No foreign fire insurance company with Foreign compa- 
specific capital shall be permitted to do business in this uuder^seTt^n^ 
Commonwealth iinless it complies with the provisions of ^'''""^' 
section seven of this act. Approved April 29, 1863. 



Chap. 250 



Ax Act making appropriations to mekt certain expenditures 
ALTiioiuzEi) the present year, and for other purposes. 

Be it enacted, cVc, as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropriations 

priated, and shall be allowed and paid out of the treasury ""' """" " 



554 



1863.— Chapter 250. 



Charlotte E. 
Myers. 



District of 
Marshpee. 



Clerk committee 
on finance. 



Charles Ballard. 



Committee on ag- 
ricultural college 



Eye and ear in- 
firmary. 



Marshpee schools 
State library. 

North Brookfield. 
Jemima Easton. 



Augustine J. 
Drake. 



Normal school, 
Westfield. 

Suppression of 
counterfeitiDg. 



Bennett and 

Heard's Digest. 



of this 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 two, in favor of the guardian of 
the Punkapog tribe of Indians, for the benefit of Charlotte 
E. Meyers, the sum of fifty-two dollars. 

In the resolve, chapter three, in favor of the district of 
Marshpee, a sum not exceeding seventy-five dollars and 
thirty-one cents. 

In the resolve, chapter five, authorizing the committee on 
finance to employ a clerk, a sum not exceeding seventy-fivQ 
dollars ; bills to be approved by the chairman of the 
committee on finance. 

In the resolve, chapter six, in favor of Charles Ballard, 
the sum of one hundred and forty-five dollars and fifty-six 
cents. 

In the resolve, chapter seven, authorizing certain expen- 
ditures by the committee on agricultural college, a sum not 
exceeding three hundred dollars. 

In the resolve, chapter nine, in favor of the Massachu- 
setts charitable eye and ear infirmary, fifteen hundred 
dollars. 

In the resolve, chapter ten, in favor of the Marshpee 
schools, the sum of seventy-five dollars, to be paid from the 
income of the school fund. 

In the resolve, chapter twelve, to provide additional 
accommodations for the state library, a sum not exceeding 
four hundred dollars. 

In the resolve, chapter fourteen, in favor of the town of 
North Brookfield, a sum not exceeding four hundred dollars. 

In the resolve, chapter sixteen, in favor of Jemima Easton, 
the sum of fifty dollars. 

In the resolve, chapter twenty-two, in favor of Augustine 
J. Drake, the sum of nine hundred and sixteen dollars and 
sixty-four cents. 

In the resolve, chapter twenty-three, in favor of the state 
normal school, at Westfield, the sum of five hundred dollars. 

In the resolve, chapter twenty-five, for the suppression of 
counterfeiting bank bills and coin, the sum of fifteen hun- 
dred dollars. 

In the resolve, chapter twenty-eight, authorizing the pur- 
chase and distribution of Bennett and Heard's Massachu- 
setts Digest, a sum not exceeding twenty-eight hundred 
dollars. 



1863.— Chapter 250. 555 

111 tlie resolve, chapter thirty-four, in favor of the Chap- chappequiddic 
pequiddic and Chnstiantown Indians, the sum oi one towuiudians. 
hundred and four dollars. 

In the resolve, chapter thirty-five, in favor of Nelly Joseph, Neiiy Joseph. 
the sum of fifty dollars, (or as much of the same as may be 
necessary.) 

In the resolve, chapter thirty-six, in relation to the state state prison. 
prison, the sum of two thousand eight hundred sixty-six 
dollars and ninety-four cents. 

In the resolve, chapter thirty-eight, in favor of the state Almshouse, 
almshouse at Bridgewater, the sum of twenty-five hundred 
dollars. 

In the resolve, chapter thirty-nine, in favor of John Heck- Johnnecktor. 
tor, a sum not exceeding fifty dollars. 

In the resolve, cliapter forty-four, in favor of Rhoda M. Rhoda m. Tayior 
Taylor, the sum of fifty dollars. 

In the resolve, chapter forty-seven, in favor of Increase increase n. Em- 
N. Emerton, the sura of fifty dollars. 

In the resolve, chapter forty-eight, in favor of Henry E. nenry e. mcCoi- 
McCoUum, the sum of two hundred dollars. 

In the resolve, chapter forty-nine, in favor of William H. w.ir.Luce.D.A. 
Luce and Daniel A. Cleaveland, the sum of seventy-five 
dollars. 

In the resolve, chapter fifty-three, to provide for repairs powder-house, 
on the powder-house on Captain's Island, in Cambridge, a <^^P'ain's island. 
sum not exceeding three hundred and fifty dollars, in addi- 
tion to the appropriation of last year, in resolve chapter 
forty-six. 

In the resolve, chapter fifty-seven, in favor of the "Wash- washingtonian 
ingtonian Home, the sum of four thousand dollars. 

In the resolve, chapter sixty, in favor of the Troy, Dudley Troy, Dudley, & 
and Marshpee Indians, the sum of seventeen hundred and Marshpeeindi'ns 
fifty dollars. 

In the resolve, chapter sixty-one, in favor of the town of Grafton. 
Grafton, the sum of four hundred dollars. 

In the resolve, chapter sixty-two, in favor of Caroline E. ^ug""°* ^" ^^' 
Hastings, the sum of fifty dollars. 

In the resolve, chapter sixty-four, to provide for preparing catalogues, mu- 

1 iTi- i.1 n.i e ^ '^ .. ° seum zoology. 

and publishing catalogues of the museum oi comparative 
zoology, the sum of ten thousand dollars. 

In the resolve, chapter sixty-five, in aid of the Perkins' Asyium for the 
institution and Massachusetts asylum for the blind, the sum 
of three thousand dollars, in addition to the sum heretofore 
appropriated. 

In the resolve, chapter seventy-one, in favor of Amherst Amherst college, 
college, the sum of twenty-five hundred dollars. 



556 



1863.— Chapter 250. 



Cattle commis- 
sioners, expenses 



Committee on 
charitable insti- 
tutions. 



Reform school. 



Chaplains, door- 
keepers and mes- 
sengers. 



Census abstract. 



Assessors' books. 



Insurance com- 
missioners, print- 
ing, &c. 



Militia rolls. 



Printing scrip for 
bounty fund. 



Stationery, house 
of representatives 



Reimburi=ement 
to cities & towns. 



Printing & bind- 
ing, legislature. 



Printing public 
documents. 



Ill the resolve, chapter eighty-four, for the payment of 
certain expenses incurred under tlie provisions of an act 
concerning cattle commissioners, a sum not exceeding one 
thousand dollars. 

In the resolve, chapter eighty-three, in relation to expenses 
of the committee on public charitable institutions, the sum 
of one hundred and sixty-five dollars and five cents. 

In the resolve, chapter eighty-six, in favor of the state 
reform school at Westborough, the sura of twelve hundred 
and seventy-three dollars and eight cents, being balance of 
appropriation for the past year. 

In the resolve, chapter eighty-seven, to provide additional 
compensation to the chaplains, door-keepers, messengers and 
pages of the legislature, a sum not exceeding eight hundred 
dollars. 

For completing and printing census abstract, under 
resolve of the year eighteen hundred and sixty, chapter 
thirteen, and for binding and indexing the original returns, 
a sum not exceeding fifteen hundred dollars. 

For assessors' books, in addition, the sum of six hundred 
and fifty dollars. 

For printing and incidental expenses of the board of 
insurance commissioners, a sum not exceeding six hundred 
dollars. 

For arranging and preserving the rolls of Massachusetts 
soldiers, a sum not exceeding one hundred and fifty dollars. 

For plates, paper, printing, &c., in preparation of the 
scrip for the bounty fund, a sum not exceeding one thousand 
dollars. 

For stationery for the house of representatives, purcliased 
by the clerk of the house, two hundred dollars, in addition 
to a former appropriation. 

For the reimbursement of money to cities and towns, 
agreeably to the provisions of chapter sixty-six and chapter 
one hundred sixty -six of tlie acts of the year eighteen hun- 
dred and sixty-two, and chapter seventy-nine, of the acts of 
the year eighteen hundred sixty-three, a sum not exceeding 
one million nine hundred thousand dollars ; the same to be 
payable on the first day of December, eighteen hundred and 
sixty-three. 

For printing and binding for the senate and house of rep- 
resentatives, ia addition to former appropriations, the sum 
of eight thousand dollars. 

For printing public documents, for the year eighteen 
hundred and sixty-two, the sum of five thousand dollars. 



18G3.— CuArxER 250. 557 

For the arrest of fugitives from iustice, in addition to Arrest of fugi- 

lives. 

former appropriation, the sum of five hundred dollars. 

For expenses incurred by authority of the cattle commis- Expenses cattle 
sioners, durmg the year eighteen hundred and sixty-two, 
the sum of five hundred dollars, in addition to the sum 
heretofore apjiropriatcd. 

For the salary of the adjutant-general, in addition to for- Adjutant-gener- 
mer appropriations, the sum of two hundred dollars. a,sa,ary. 

For expenses of the Charles River and Warren bridges. Expenses oharies 

^ o ' River & Warren 

for the year one thousand eight hundred and sixty-two, to bridges, 
wit : for repairs, the sum of five hundred twenty-one dollars 
and ninety cents ; and for gas, oil and fluid, the sum of one 
hundred fifty-five dollars and thirty-one cents ; the same to 
be paid out of the income of the Charles River and Warren 
bridges fund. 

For clerical assistance employed by the board of insurance insurance com- 

, , , ' , . . n -I . missioners, cleri- 

commissioners, agreeably to the provisions oi chapter one cai assistance. 
hundred and seventy-eight of the acts of the year eighteen 
hundred and sixty, in the valuation of life insurance poli- 
cies, a sum not exceeding one thousand nine hundred and 
ninety-two dollars and eighty-four cents. 

For the contingent expenses of the sergeant-at-arms, a sergeant-at-arma 

T IT TTii .IT' expenses. 

sum not exceeding one hundred dollars, in addition. 

For the contingent expenses of the insurance commis- j^j^g^j^j^J^^^j,® ''"^I 
sioners, a sum not exceeding five hundred dollars. tiogent. 

In the resolve, chapter fifteen, for the relief of certain Agricultural so- 
agricultural societies, the sum of thirty-six hundred dollars. 
The trustees of the state reform school at Westborough are 
hereby allowed to use any part of the unexpended balance 
of the appropriation for reconstruction, at the special session 
of the year eighteen hundred and fifty-nine, not exceeding 
one thousand dollars, for the purpose of building a hospital. 

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

Approved April 29, 1863. 
33 



RESOLVES, 

GENERAL AXD SPECIAL 



Resolve PRESEXTIXG THE THANKS OF THE LEGISLATURE TO MAJOR- ChoV. 1. 
GENERAL BUTLER. 

Resolved, That the thanks of the senate and liouse of 
representatives are hereby tendered to Major-General Benja- 
min F. Butler, for the energy, ability and success character- 
izing his late administration and command of the department 
of the Gulf. Approved January 20, J.863. 

Resolve in favor of the guardian of the punkapog tribe of Chctp. 2. 

INDIANS, FOR THE BENEFIT OF CHARLOTTE E. MYERS. 

Resolved, For the reasons set forth in the petition of chariowe e. 
Charlotte E. Myers, 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 Charlotte E. 
Myers. Approved February 5, 1863. 

Resolve in favor of the district of marshpee. CllflJ). 3. 

Resolved, That there be allowed and paid from the support of cer- 
treasury of the Commonwealtli to the treasurer of the Dis- $75.31.^^"'^^'"' 
trict of Marshpee, for the benefit of said district, the sum 
of seventy-five dollars and thirty-one cents, it being in full 
for money expended by said district for the support of cer- 
tain paupers named in the petition of the selectmen and 
overseers of the poor of said district, for the year ending 
the thirty-first day of December, eighteen hundred and 
sixty-two, in addition to the sura appropriated for that 
purpose by the twentieth chapter of the resolves of the year 
eighteen hundred and sixty-two. Approved February 7, 1863. 

Resolves in relation to the boundary line between the Chap. 4. 

TOWNS OF UXBRIDGE AND DOUGLAS. -* * 

Resolved, That the governor, by and witli the advice and Governor to ap- 
consent of the council, be and he is hereby authorized to " "' 



point commis- 
sioners. 



560 



1863.— Chapters 5, 6, 7, 8. 



Report. 

Expenses, how 
paid. 



Chap. 5. 



Clerical assist- 
ance to commit- 
tees, $75. 



appoint three commissioners, whose duty it sliall be, after 
due notice to all parties interested and hearing the same, 
to ascertain as nearly as may be the true boundary line 
between the towns of Uxbridge and Douglas, in the county 
of Worcester, and report the same to the next general court. 
Resolved, That the necessary expenses incurred by said 
commissioners for personal service, or otherwise, shall be 
paid equally by said towns of Uxbridge and Douglas. 

Approved February 13, 1863. 

E.ESOLVE AUTHORIZING THE COMMITTEE ON FINANCE TO EMPLOY A 
CLERK FOR CERTAIN PURPOSES. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, a sum not exceeding 
seventy-five dollars, for such clerical assistance in copying 
the appropriation and tax bills, as the committee on finance 
may find necessary during the present session of the legisla- 
ture ; and that said committee be authorized to employ any 
clerk now in the service of the Commonwealth ; provided he 
can do their work without encroaching upon his regular 
office hours. Approved February 13, 1863. 

Resolve in favor of charles ballard. 
Resolved, That there be allowed and paid from the 
treasury of the Commonwealth, to Charles Ballard, for his 
services as quartermaster of the fifty-fourth regiment of 
Massachusetts Volunteers, the sum of one hundred and 
forty-five dollars and fifty-six cents. 

Approved February 14, 1863. 

Resolve authorizing certain expenditures by the committee 

ON AN agricultural COLLEGE. 

Resolved, That the joint special committee to whom was 
referred so much of the governor's address as relates to an 
agricultural college, the society of natural history and the 
institute of technology, have authority to invite conference 
with parties interested, or who may impart valuable infor- 
mation, and also may visit any localities or institutions, and 
incur other needful expenditures to an amount not exceeding 

three hundred dollars. Approved February 17, 1863. 

Chap. 8. Resolve in relation to the state almshouse at monson. 

Inspectors may Rcsolved, That tlic iuspcctors of the state almshouse at 
ori862°^for"re'^ Mousou, be autliorizcd to use the unexpended appropriation 
pa^rs. of last year, amounting to six hundred and seventy-seven 

dollars and twenty-five cents, for the purpose of relaying 
the floors, and making other necessary repairs. ' 

Approved February 19, 1863. 



Chap. 6. 

Services as quar- 
termaster, $145. 
56. 



Chap. 7. 



Committee au- 
thorized to con- 
fer with certain 
parties and In- 
cur expenses not 
exceeding $300. 



18G3.— CiiAPTERs 9, 10, 11. 561 

Resolve in favor of the Massachusetts charitable eye and (^/^^ij 9 

EAR INKIKMARY. I ' ' ' 

Reso/rt'd. Tluit tlic sum of fifteen Imiidi-ed dollars be Allowance of 

SI 500 

allowed and paid from the treasury of the Coininonwcalth 

to the Massaehusetts Charital)le 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 ture. '^'^^'^" ' 

manner in which this appropriation has been expended. 

Approved Fehruary 19, 18G3. 



Resolve ix favor of the marsiipee schools. Chap. 10. 

Resolved, That the sum of seventy-five dollars be allowed Allowance for 
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 tlie inhabitants of i°habUantg to 

, T-.iiii • 1 If expend addi- 

tliat district shall also appropriate and expend lor the use tiouai. 
of said schools, during the present year, twenty-five dollars 
in addition to the sum now annually paid by them for that 
purpose. Approved Februanj 19, 1803. 

Resolves coxoerxlng THE amendment TO the CONSTITUTION. Chap. 11. 
Resolved, That the following article of amendment of the Article to be sub- 

.. ^. , . , J . 1 .1 1 i. J i. "iittedtothepeo- 

constitution, having been agreed to by the last and present pie. 
general courts, and published in the manner required by 
the constitution, be submitted to the people for their ratifi- 
cation and adoption : 

ARTICLE OF AMENDMENT. 

The twenty-third article of the articles of amendment of Twenty-third 
the constitution of this Commonwealth which is as follows, to utin"Kt'o suffrage j 
wit : " No person of foreign birth shall be entitled to vote, or ''""""^'i- 
shall be eligible to office, unless he shall have resided within 
the jurisdiction of the United States for two years sul)se- 
quent to his naturalization, and shall l)e otherwise qualified, 
according to tlie 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; and provided, further, that 
it shall not atfect 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. 



562 



1863.— Chapter 11. 



Proceedings. 



Meetings of legal ResoIved, That the people shall be assembled for the 

voters to approve p -j-i.!- i.- -i- ij. 

or reject. purpose aioresaid, 111 their respective cities and towns, in 

meetings to be legally warned, and held on Monday, the 
sixth day of April next, at which meetings all the inhabi- 
tants qualified to vote for senators and representatives in 
the general court, may give in their votes, by ballot, for or 
against said article of amendment ; and the same officers 
shall preside in the said meetings as in the meetings for tlie 
choice of senators and representatives, and shall in open 
meeting receive, sort, count and declare the votes of the 
inhabitants, for and against the same ; and the said votes 
shall be recorded by the clerks of said cities and towns, and 
true returns thereof sliall be made out under the hands of 
the mayor and aldermen of the several cities, and of the 
selectmen, or a major part of them, and of the clerks of 
the said cities and towns, respectively, and sealed up and 
delivered to the sheriff of. the county within three days after 
the said meetings, to be by him transmitted to the office of 
the secretary of the Commonwealth within seven days after 
receiving the same ; or the said mayors and aldermen, and 
selectmen, respectively, shall themselves transmit the same 
to the said office within ten days after the said meetings : 
provided^ that in the several cities, the meetings held under 
this resolve shall be conducted according to the provisions 
of the acts establishing tlie same, and of the several acts in 
addition thereto. The said meetings shall be deemed to be 
legally warned, if due notice thereof be given on or before 
the thirtieth day of March next previous thereto. 

Resolved^ That every person qualified to vote as aforesaid, 
may express his opinion on said article of amendment, with- 
out expressing in his ballot the contents of said article ; but 
the form of said ballot shall be as follows : " Amendment to 
the Constitution, Yes," or " No." And if said article shall 
appear to be approved by a majority of the persons voting 
thereon, it shall be deemed and taken to be ratified and 
adopted by the people. 

Resolved^ That his excellency the governor and the coun- 
cil shall forthwith open and examine the votes returned as 
aforesaid ; and if it shall appear that said article of amend- 
be^Mrolilfa^tna ^^^ut has been approved by a majority of the persons voting 
pubushed. thereon, according to the votes returned and certified as 
aforesaid, the same shall be enrolled on parchment, and 
deposited in the secretary's office, as a part of the constitu- 
tion of this Commonwealth, and shall be published in imme- 
diate connection therewith, numbered according to its 
numerical position, with the articles of amendment of the 



Meetings, how 
legally warned. 



Form of ballot. 



GoTernor and 
council to ex- 
amine votes.. 

Amendment 



1863.— Chapters 12, 13. 563 

constitution heretofore adopted, in all future editions of the 
laws of this Commonwealth, printed by public authority. 

Resolved, That his excellency the governor be, and he oovomor to issue 
hereby is, authorized and requested to issue his proclamation p'"*''-'"""'"''"- 
forthwith, after the examination of the votes returned as 
aforesaid, reciting said article of amendment, and announc- 
ing that said article has been duly adopted and ratified by 
the people of this Commonwealth, and has become a part of 
the constitution thereof, and requiring all magistrates and 
officers, and all citizens of the said Commonwealth, to take 
notice thereof, and govern themselves accordingly ; or that 
the said article of amendment has been rejected, as the case 
may be. 

Resolved, That a printed copy of these resolves, including ResoiTes, with 
the said article of amendment, and blank forms of the tobetransmit- 
returns of votes on said article, shall be transmitted, as soon ^^'^ *° 'o'^^^- 
as may be, by the secretary of the Commonwealth to the 
mayors and aldermen of the several cities, and the select- 
men of the several towns of this Commonwealth. 

Approved February 20, 1863. 



^ Chaj). 12. 



Resolves to provide additional accommodations for 
state library. 

Resolved, That the librarian of the state library be Librananmay 
authorized to use the room on the west end of the state rooms. """"^""^ 
library for the better accommodation of the books of said 
library : provided, said room be so used without interfering Proviso. 
■with its use as a committee room, and as a private room of 
the librarian. 

Resolved, That the librarian and trustees of the state Additional cases 
library be authorized to cause suitable cases with shelves thoriL^d.^"^^^ ''''' 
to be placed in the room adjoining the state library, and 
also to provide additional shelves in the second gallery of Appropriation. 
the library ; and that a sum not exceeding four hundred 
dollars be appropriated to defray the expense thereof. 

Approved February 21, 1863. 

Resolve authorizing the finishing and furnishing an addi- Qfid/n^ \^^ 

TIOXAL ROOM IN THE STATE HOUSE. ^' 

Resolved, That the sergeant-at-arms is hereby author- Room provided 
ized to finish off and furnish a room for the attorney-gen- general'^ °'^°^^' 
oral in the long room now occupied by the clerks of the 
secretary of the Commonwealth ; and that a sum not Appropriatioa 
exceeding three hundred dollars be, and the same is hereby 
appropriated therefor. Approved February 21, 1863. 



564 



1863.— Chapters U, 15, 16, 17. 



Secretary to fur- 
nish towns with 
Reports, Revised 
and General Stat- 
utes, State Map, 
&c. 



Chap. 14. Resolve in favor of the town of north brookfield. 

Resolved, For reasons set forth in the petition of the 
selectmen of the town of North Brookfield, that the secre- 
tary of the Commonwealth is hereby authorized and directed 
to furnish to the clerk of said town, complete sets of the 
Massachusetts Reports, Pickering's Reports, Metcalf's Re- 
ports, Cushing's Reports, Gray's Reports, and Allen's 
Reports ; one copy each of the Revised Statutes and Gen- 
eral Statutes, and a State Map ; also copies of such general 
and special laws of the Commonwealth, and of all such 
books and documents in his office, as may heretofore have 
been furnished by the Commonwealth to clerks of towns : 
and the secretary is authorized to purchase such of the 
reports and statutes aforesaid as may be necessary to carry 
into effect this resolve : also, that the treasurer of the Com- 
monwealth is hereby authorized and directed to furnish the 
treasurer of said town with a complete set of standard 
weights, measures and balances, such as the treasurer of 
each town is by law required to keep for the use of its 
inhabitants. Approved February 21, 1863. 

— — ♦ 

Chap. 15. Resolve for the relief of certain agricultural societies. 

Authorized to Pcesolved, That the Berkshire, Hampshire, Worcester, 
draw bounty. Worccstcr Soutli-East, Middlesex South, and Middlesex 
North Agricultural Societies be allowed to draw from the 
treasury of the Commonwealth the bounties due to them 
respectively, by the provisions of section first, chapter 
sixty-six, of the General Statutes, in the same manner as if 
they had complied with all the requirements of the said 
chapter. Approved February 21, 1863. 



Treasurer to fur- 
nish standard 
weights and 
measures. 



Chap. 16. 

Allowance $52. 



Chap. 17. 

Military service, 
«66.74. 



Resolve in favor of jemima easton. 

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 of the Deep Bottom tribe, residing in said town, the 
sum of fifty-two dollars. Approved February 21, 1863. 

Resolve in favor of william n. bourne. 

Resolved, For reasons set forth in the petition of William 
N. Bourne, that there be allowed and paid and the same is 
hereby appropriated, out of the treasury of the Common- 
wealth, to said petitioner, the sum of sixty-six dollars and 
seventy-four cents, the same being in full for services as 



1863.— Chapters IS, 19, 20, 21. 565 

fourth lieutenant in company A, third rcfiiment, first divi- 
sion, Massachusetts vohmteer militia. Said sum shall be 
paid out of tlie Union fund provided in chapter two hun- 
dred and sixteen of the acts of the year eighteen hundred 
and sixty-one, and in cha{)ter one hundred and forty-seven 
of the acts of the year eighteen hundred and sixty-two. 

Approved February 21, 1863. 

Resolve in favor of the messenger of the governor and Qh/yn 18 

COUNCIL. ^' 

Resolved^ That there be allowed and paid to the messen- Additional aiiow- 
ger of the governor and council, the sura of two hundred ^"'^®' *^*^^" 
dollars in addition to his salary for the current year. 

Approved February 27, 1863. 

Resolve providing for the erection of monuments on the Qfid^p 19^ 

LINE BETWEEN MASSACHUSETTS AND RHODE ISLAND. "' 

Resolved, That the sum of eight hundred dollars be and Appropriation of 
the same is hereby appropriated, and shall be allowed and rection of gor- 
paid out of any money in the treasury not otherwise appro- cir"" ^^^ '^°"''" 
priated, to be expended under the direction of the governor 
and council, in erecting permanent stone monuments at the 
termini of the line beteen this state and the state of Rhode 
Island, and at each angle in the same. 

Approved February 27, 1863. 

Resolve in testimony of the services and character of QJiap. 20. 

MAJOR-GENERAL WOOL. ■^' 

Resolved, That the senate and house of representatives committee to in- 
desire to exfjress, to Major-Gcneral John E. Wool, now on a meet^^ie'gisiature! 
visit to the city of Boston and vicinity, in the discharge of 
his duties as commander of this military department, the 
high regard they entertain for him as a long tried, faithful 
and able soldier, and their appreciation of the valuable 
services he has rendered his country, and to this end that a 
committee, consisting of three on the part of the senate, with 
such as the house may join, be appointed to wait upon 
General Wool, and invite him to meet the members of liie 
legislature, informally, either at the state house, or at such 
other place and at such time as may suit his covenience. 

Approved February 28, 18G3. 

Resolve IN FAVOR OF WILLIAM D. ATKINSON, .JUNIOR. Chap. 21, 

Resolved, For reasons set forth in the petition of William Appropriation 
D. Atkinson, junior, that there be allowed and paid out of ^"ce" $4"2o!"" 
the treasury of the Commonwealth, to said petitioner, the 
sum of forty-nine dollars and twenty cents, the same being 
34 



566 1863.— Chapters 22, 23, 24, 25. 

in full for services rendered as paymaster of the fourth 
regiment, second brigade, first division Massachusetts 
volunteer militia. Said sum is hereby appropriated and 
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, and chapter one liundred and forty- 
seven of the acts of the year eighteen hundred and sixty-two. 

Approved March 3, 1863: 

Chan. 22. Resolve in favor of augustix j. drake. 

For services, Resolved, For reasons set forth in the petition of Augustin 

$916.54. j_ Di>ake, that there be allowed and paid out of the treasury 

of the Commonwealth, to the said Augustin J. Drake, the 

sum of nine hundred and sixteen dollars and fifty-four 

cents, in full for services set forth in his said petition. 

Approved March 3, 1863. 

Chan 23. Resolve in favor of the state normal school at westfield. 
Appropriation Rcsolved, That thcrc be appropriated and paid out of the 

fm*^™'"^^^' moiety of the income of the school fund applicable to educa- 
tional purposes, the sum of five hundred dollars, to the state 
normal school at Westfield, to be expended for furnaces in 
said normal school building, under the direction of the board 
of education, and that the governor draw his warrant 
accordingly. Approved March 3, 1863. 

Chan. 24. Resolve in favor of company c, seventh regiment massachu- 
^ ' ' setts volunteers. 

Aiiowanceforuse Resolved, For rcasous set forth in the petition of company 
'" ' ' C, of the seventh regiment of hifantry, Massachusetts 
volunteers, that there be allowed and paid out of the 
treasury of the Commonwealth to L. F. Lynde for tlie 
benefit of said company, the sum of sixty-six dollars and 
sixty-two cents, for the use by the Commonwealth of tents 
belonging to said company : said sum to 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, and 
chapter one hundred and forty-seven of the acts of the year 
eighteen hundred and sixty-two. Approved March 3, 1863. 

Chap. 25. Resolve granting AID FOR the suppression of counterfeiting 

bank bills and coin. 

Allowance to Reso/ved, That there be allowed and paid out of the treas- 

banks, isi,5ou. 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 



1863.— Chapters 26, 27, 28, 29. 567 

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 ti»e amounts whicli said association 
sliall certify and prove to the i^overaor, shall have been 
raised and judiciously expended by said association, for the 
purposes aforesaid. Approved March 3, 1863. 



Chai^. 26. 

Approp 
!if3,000. 



Resolve to provide for the procuring op flags to replace 
those lost or worn out in service. 

Resolved, That a sum not exceeding three thousand dol- Appropriation, 
lars is hereby appropriated for the purpose of replacing the 
flags of Massachusetts regiments, worn out or lost in service ; 
the same to be expended from time to time during the cur- 
rent year, by the governor, with the advice and consent of 
the council. Approved March 5, 1863. 

Resolve in favor of the hampden county agricultural Q]ian. 27. 

SOCIETY. -* 

Resolred, That the Hampden County Agricultural Society society allowed 
be allowed to draw from the treasury of the Commonwealth, ° '^^'^ °"° ^' 
the bounty due by the provisions of section first, chapter 
sixty-six of the General Statutes, in the same manner as if 
all the requirements of said chapter had been complied with. 

Approved March 7, 1863. 
Resolve authorizing the purchase and distribution of ben- CJlCip. 28. 

NETT and HEARD'S MASSACHUSETTS DIGEST. 

Resolved, That the secretary of the Commonwealth be, Secretary to pur- 

,., , I'T TTiii 1 1 chase and dis- 

and IS liereby authorized and directed to purcliase a number, tribute to towns. 
not exceeding three hundred and fifty copies, of Bennett and 
Heard's ^lassachusetts Digest: provided, the cost of the 
same shall not exceed four dollars per volume ; and to dis- 
tribute the same, one copy to each city and town in this 
Commonwealth. Approved March 7, 1863. 

Resolve authorizing the governor to purchase arms and Chap. 29^. 

EQUIPMENTS. ' * 

Resolved, That his excellency the governor, by and with Governor to con- 

tr'ict for 1^ OoO .' 

the advice and consent of the council, be and is hereby standofarms. 

authorized to enter into contracts on behalf of the Common- 

wealth,_for the purchase or manufacture of fifteen thousand 

stand of arms, of such pattern as tlie governor and council 

shall deem best adapted for the service to which they are to 

be applied; also of arms and equipments for one regiment ^^^^'p"'^"^*^^^ 

of cavalry ; also of guns and equipments for five batteries tiuery. 



568 1863.— Chapters 30, 31, 32. 

of lisi'lit artillery, and such other arms and equipments as 
shall from time to time be found necessary for ai-ming the 
Appropriation, militia in active service ; and the sum of four hundred and 
*^° '■ fifty thousand dollars is hereby appropriated for the forego- 

ing purposes. Approved March 10, 1863. 

Chat) 30 -^^^OLVE IN FAVOR OF SCHOOLS AMONG THE INDIANS OF GAY HEAD. 

Appropriation Resolvecl, That tlicrc be allowed and paid out of the school 

forsupport.siio. fyufj of the Commonwealtii, to Johu Mayhew, esquire, of Ed- 
gartown, the sum of one hundred and ten dollars, to be applied 
to the support of schools among the Indians of Gay Head 
during the year eighteen hundred and sixty-three ; and the 
same is hereby appropriated to be paid out of said school 
fund. Approved March 12, 1863. 

Chan 31 Resolve in favor of fraxcis a. hobart. 

Appropriation, Resoli'ed, Tliat for reasons set forth in tlie petition of 
f54.i4. Francis A. Hobart, there be allowed and paid out of the 

treasury of the Commonwealth, to said Hobart, the sum of 
fifty-four dollars and fourteen cents ; and the same is hereby 
appropriated to be paid out of the Union fund, provided in 
cliapter two hundred and sixteen of the acts of the year 
eighteen hundred and sixty-one, and in chapter one hundred 
and forty-seven of the acts of the year eighteen hundred 
and sixty-two. Approved March 12, 1863. 

Chap 32. Resolve on the petition of increase s. withington, trustee. 
Authorized to Resoliwd, For reasons set forth in said petition, that 
TsStTas Tru^t'ee lucrease S. Withington, of Newton, in the county of Mid- 
under' will of tHescx, as trustco under the will of Isaac Chandler, late of 

Isaac Chandler. ^^ , . ' . , /^ i. r • i i ^ ^ /• at 

Hopkinton, in the county of Merrimack, and state oi JN'ew 
Hampshire, deceased, be, and he hereby is authorized and 
empowered to mortgage in such manner as he shall deem 
proper, except that lie shall not give a power-of-sale mort- 
gage, a certain parcel of land containing forty-one thousand 
seven hundred and seventy-eight feet, more or less, together 
with all the buildings erected, or to be erected thereon, 
being a portion of the trust property held by said Witliing- 
ton, as trustee under said will, situated in the town of 
Natick, in said county of Middlesex, known as the Long 
Pond Hotel estate, and being the same premises which 
Josiah F. Leach conveyed to said Isaac Chandler, by deed 
dated the twenty-ninth day of March, in the year eighteen 
hundred and forty-five, recorded with Middlesex deeds, book 
four hundred and sixty-two, page three hundred and six, 
for the purpose of raising money to pay for and complete the 



18i;:].— CiiArTEii 33. 569 

buildiiisrs now erected and in process of erection, and nearly 
completed, on the land herein described. ISaid mortgage, Mortgapre not to 

. 1 /» J 1 • ■ exceed #6.000. 

or mortgages, are to be for a sum, or sums not exceeding six 
thousand dollars in the whole, for which sum the said With- 
ington may give a note or notes, as trustee, as aforesaid, but i/mbmty of tru.s- 
be shall in no case be held liable to pay said note or notes, '■'■'-'• 
out of his own property, but only out of the above 
described real estate, or the income thereof. Tlie said 
Withiiigton is authorized to retain out of said income 
sufficient sums to pay the interest on said note or notes, 
from time to time, and the cost of repairs, taxes and 
insurance on the buildings erected on said described land, 
and also one hundred dollars in each year, after tlie said 
buildings shall have been occupied one year, to provide 
means for the payment of said note or notes ; and said 
Withington and his successors in trust are authorized to 
renew said notes and mortgages, from time to time, until 
they are paid ; and said mortgages shall be good and valid 
conveyances in mortgage of said estate, and be binding upon 
the said Withington, as trustee, as aforesaid, and upon bis 
successors in said office, discharged from all trusts created 
by said will of Isaac Chandler, under which the said With- 
ington holds the estate: provided, however, that the said Trustee to give 
Withington as trustee, as aforesaid, before executing the 
mortgage or mortgages herein authorized, shall give a bond 
to the judge of probate for the county of Suffolk, to be 
approved by said judge, conditioned for the faithful perform- 
ance of his duties and the proper application of all sums of 
money received by him, under this resolve, and a like bond 
shall be required of each of his successors in trust. 

And the said Withington, as trustee, as aforesaid, is also conveyance of 
authorized and empowered to convey m lee simple to tlie uaiiroad corpor- 
Boston and Worcester Railroad Corporation, all said land ^""^ ^""^«"^«'^- 
north of a line drawn parallel with the soutli rail of the 
south track of the main road of said corporation, and thirty 
feet distant therefrom, in exchange for all land lying south 
of said line, and between it and the estate of said Chandler, 
and extending easterly to North Avenue, to be conveyed to 
said Withington, as trustee, as aforesaid, by said corporation, 
to bold on the same trusts as the land he conveys to said 
corporation. Approved March 12, 1863. 

HkSOLVE ox the petition of .JOHN RICHARDSON AND OTHERS. CIlO}). 33. 

Resolved, For the reasons set forth in the petition of John Partition bc- 
Richardson and others, that tlie partition made between RTcimrdson and 
John Richardson, Frank T. Richardson, and Rolfe Eldredge, i'- i^'d^edge, con- 



570 1863.— Chapters 34, 35, 36. 



firmed and made 

Talid 



by the decree of the probate court for the county of Middle- 
sex, dated the ninth day of February, in the year eighteen 
hundred and fifty-eight, and recorded in the registry of 
probate for said county, and also with Middlesex South 
District deeds, in volume twenty-three of partitions, pages 
one hundred and forty-one, and following, and with Suffolk 
deeds, book seven hundred and eighty, page one hundred 
and four, and the titles of said John Richardson, Frank T. 
Richardson, and Rolfe Eldredge, and their respective heirs 
and assigns, in and to the several parcels of real estate 
thereby set off and assigned, or purported to be set off and 
assigned to them respectively, and of Edward H. Eldredge, 
as tenant by the curtesy, in the estate so set off and assigned 
to said Rolfe, so far as the same were or may be defective 
by reason of any irregularity in the proceedings before said 
court, or of any error of the commissioners who made said 
partition, be, and the same are hereby confirmed and made 
valid and effectual to all intents and purposes, as if all the 
estate of which partition was thereby made, had descended 
as implied in said decree, from John H. Richardson, deceased. 

Approved March 14, 1863. 

Chap. 34. Kesolve in favor of the chappequiddic and christiantown 

■^ INDIANS. 

Allowance for Reso/ved, That there be allowed and paid out of the 
schooTs' $104. school fund of this Commonwealth, to the guardian of the 
Cliappequiddic and Christiantown Indians, the sum of one 
hundred and four dollars, to aid in the support of schools 
among the said Indians for the year eighteen hundred and 
sixty-three. Approved March 14, 1863. 

Chan. 35. Resolve in favor of nelly Joseph. 

Allowance, $50. ResoJvecl, For reasons set forth in the petition of Barnard 
C. Marchant, guardian of the Christiantown and Chappe- 
quiddic Indians, tliat there be allowed and paid out of the 
treasury of the Commonwealth to said guardian, the sum 
of fifty dollars (or as much of the same as may be neces- 
sary,) for the support of Nelly Joseph a member of the 
Chappequiddic tribe of Indians. Approved March 14, 1863. 

Chat). 36. Resolve in relation to the state prison. 

Allowances for Resolved, That there be allowed and paid out of the 
fng^nershingii^g treasury of the Commonwealth, to the warden and inspectors 
shed, and for ^f ^jjg g^atg prison, tlic following sums, to wit: eight huii- 

bindiug books, .1 ' i 1 • • r 

&c. dred and ninety-eight dollars and thirty-nine cents, tor 

expenses incurred on account of the erection of a gas-house 



1863.— CiLvrTERs 37, 38, 39. 40. 571 

and enclosiiip: the same ; one thousand two hundred and 
twenty-nine doUars and ten cents, for expenses incurred 
for the introduction of a new steam-engine and fixtures ; 
four hundred and thirty-nine dollars and forty-five cents, 
for expenses incurred in shingling the roof of the " stone 
slied ; " and three hundred dollars, for the purpose of defray- 
ing the expense incurred for binding the books in the library, 
and to make additions thereto. Approved March 24, 1863. 

KeSOLVE IN FAVOR OF JOHN T. FOLEY. Chap. 37. 

Resolved, That there be allowed and paid out of the Appropriation^ 
treasury of the Commonwealth to John T. Foley, the sum Tkes"sm40. 
of one hundred and ninety dollars and forty cents, in full 
for military services, and said sum is hereby appropriated, 
to be paid out of the Union fund. Approved March 26, 1863. 

Resolve in favor of the state almshouse at bridgewater. Chap. 38. 
Resolved., That there be allowed and paid out of the Allowance for 
treasury of the Commonwealth, to the inspectors of the state §2'5'oo.^ "°' 
almshouse at Bridgewater, twenty-five hundred dollars, for 
the purpose of building a barn for that institution. 

Approved March 26, 1863. 

Resolve in favor of john hecktor, a member of the hassan- Chap. 39. 

AMISCO tribe of INDIANS. 

Resolved^ For the reasons set forth in the petition of John ^^'J'^.'"'^'^" *° '^■ 
Hecktor, that Charles Brigham, of Grafton, trustee of the tor's titie to cer- 
Hassanamisco tribe of Indians, be, and hereby is authorized *^'° i'^'^'^^- 
to expend a sum of money not exceeding fifty dollars, in 
■^ investigating the title of said Hecktor to certain lands 
situated in Hinsdale, in the state of New Hampshire, and 
in assisting said Hecktor in selling the same. 

Approved March 28, 18G3. 

Resolve on petition of the Dartmouth tribe of Indians. Chap. 40. 
Resolved, That his excellency the governor, by and with Governor to ap- 
the advice and consent of the council, be and he is hereby doners t^o'^am- 
authorized to appoint two persons to be commissioners, uin'lands? '^"' 
whose duty it shall be to examine and ascertain the title of 
the Dartmouth tribe of Indians to certain lands claimed by 
them, situated in the towns of Dartmouth and Westport, in 
the county of Bristol, and also, as far as necessary, the titles 
and claims of any other persons to said lands ; said commis- ^rs*defined ''*'^' 
sioners to summon and examine witnesses, and hear all 
parties claiming any interest in said lands, and to cause this 
resolve, and a notice of the time and place of hearing the 



572 



1863.— Chapters 41, 42. 



Report. 
Compensation. 

Proviso. 



parties interested in said lands, to be published in the 
Republican Standard, a newspaper printed in New Bedford, 
fourteen days at least prior to the day appointed by them 
for sucli hearing. And said 'commissioners are authorized 
and empowered to compromise, adjust and fully and finally 
to settle, justly and equitably, and as the interests of the 
Commonwealth, tlie peiitioners and all other parties, may 
require, all the matters, claims and controversies, now exist- 
ing, growing out of or in connection with the possession of 
the aforesaid lands ; and they may use such means as are 
necessary to collect the desired information upon the subject. 
The commissioners shall make a report of their doings to 
the governor and council, and receive such compensation 
for tlieir services as the governor and council deem reason- 
able, and a warrant may be drawn accordingly : provided^ 
/ioidJe^rr, that nothing herein contained shall be so construed 
as to subject the Commonwealth to any pecuniary liability 
or responsibility, beyond such reasonable sums as shall be 
allowed to the commissioners for their services by the gov- 
ernor and council. Approved March 28, 1863. 

Chap. 41. Resolve ix favor of the guardiax of the punkapog tribe 

OF INDIANS. 

Resolved^ That there be allowed and paid to the guardian 
of the Punkapog tribe of Indians, the sum of one hundred 
and fifty-four dollars, to be by him expended towards the 
support of the following persons belonging to said tribe, to 
wit : fifty dollars thereof for the benefit of Rebecca Davis, 
the same being in addition to the annuity she now receives ; 
fifty-two dollars thereof for the benefit of Sally Burr, of 
Cambridge, and fifty-two dollars thereof for the benefit of 
Sally Burr, of Boston, and her son James Burr ; and said 
sum is hereby appropriated for said purpose. 

Approved March 28, 1863. 



Appropriation 
for support of 
certain Indians, 
fl54. 



Chap. 42. 

Treasurer of 
Marshpee a 
commissioner 
to establish. 



Powers and 
duties. 



Resolve relating to the establishment of boundary lines 
of indian lands at gay head. 

Resolved, That the treasurer of the district of Marshpee 
be, and he is hereby appointed and commissioned to examine, 
and fully and finally to determine, all boundary lines between 
the individual owners of land located in the Indian district 
of Gay Head, in the county of Dukes County, and also to 
determine the boundary line between tlie common lands of 
said district and the individual owners adjoining said com- 
mon lands ; and he, the said commissioner, is hereby author- 
ized to adjust, and fully and finally to settle, equitably, and 
as the interest of the petitioners and all other parties may 



1863.— Chapters 43, U. 573 

require, all the matters, claims and controversies, now exist- 
ing and growing out of or in connection with the boundaries 
of the aforesaid lands ; and he may use such means as may 
be necessary to collect all desired information in relation to 
the matter, and cause a record to be made of the same, and 
good and sufficient bounds to be established between the 
said owners, and recorded in a book for that purpose. 

And said commissioner shall cause this resolve to be pub- suaii publish re- 
lished in the "Vineyard Gazette," on two different days, o? hearing."" "* 
and at least fourteen days prior to a day, duly specified and 
appointed, upon which all parties interested may have fair 
and impartial hearing ; and with this resolve the said com- 
missioner shall publish a notice of such hearing, designating 
the time and place appointed therefor. And said bounda- Award of com- 

, ', , 1 I • 1 1 T 111 • 1 • missioaer to be 

ries, made and estal)lished and recorded by said commis- cnai. 
sioner, shall ever after be and remain the true and lawful 
boundary lines between said parties forever. 

And said commissioner shall make a report of his doings shaii report to 

, J •! J • 1 i' governor and 

to the governor and council, and receive sucn compensation council. 
for his services as they shall deem reasonable ; and the compensation, 
governor is authorized to draw his warrant accordingly ; 
and a sum not exceeding one hundred dollars is hereby 
appropriated for the same. Approved March 30, 18G3. 

Resolve making ax appropriation for maintaining agencies Chap. 43. 

OUT OF THIS COMMONWEALTH FOR THE CARE OF SICK AND WOUND- 
ED SOLDIERS. 

Resolved, That the sura of twenty thousand dollars be Appropriation of 
hereliy appropriated for the payment of any expenses which to'^'be a^ppr"?^d 
may be incurred under the authority of the governor and by governor. 
approved by him, in the maintenance of agencies at such 
places out of this Commonwealth as he may find needful, 
for the oversight and aid of sick and wounded or distressed 
Massachusetts soldiers, and in the necessary and proper 
disbursements incident thereto. Approved March 30, 1863. 

Resolve in favor op khoda m. taylor. Chap. 44. 

Resolved, For reasons set forth in the petition of Andrew Allowance of $50 
Davis and others, that there be allowed and paid out of tiie *""'■ ''<''"'^- 
treasury of the Commonwealth to the selectmen of the town 
of Westport, the sum of fifty dollars, to be expended for 
the relief of Rhoda M. Taylor, a member of the Dartmouth 
tribe of Indians. Approved March 30, 18G3. 



574 



1863.— Chapters 45, 46. 



Chci'D 45 I^f^SOLVE ox THE PETITION OF CHARLES L. nANCOCK, ADMINIS- 
^' ' TRATOH, WITH THE WILL ANNEXED, OF THE ESTATE OF JOHN 

HANCOCK, LATE OF WEST ROXBURY, IN THE COUNTY OF NORFOLK, 
DECEASED. 



Sale of " Han- 
cocli House" 
authorized. 



Provisos. 



Resolved, For the reasons set forth in said petition, that 
Charles L. Hancock, administrator, with the will annexed, 
of the estate of John Hancock, late of West Roxbury, in 
the county of Norfolk, deceasec|, be, and he hereby is 
authorized and empowered to sell, in one lot or four, in 
accordance with the provisions of said will, either at.public 
or private sale, and on such terras and conditions as he shall 
think proper, and to execute all necessary deeds and instru- 
ments to convey in fee simple to the purchaser or purchasers 
thereof, free and discharged from all trusts, claims, and 
annuities, arising under or by virtue of the will aforesaid, 
and from all liability for the application of the purchase- 
money, the real estate situated on Beacon Street, in the city 
of Boston, known as the Hancock mansion estate, contain- 
ing about ten thousand square feet, and extending back to 
a twenty-feet passage-way leading into Joy Street, with the 
privileges and appurtenances belonging, and all the right, 
title, interest and estate, of which said John Hancock died 
seized and possessed therein, after advertising the same as 
for sale in the cities mentioned in said will : provided, that 
the said administrator shall first give bond to the judge of 
probate for the county of Norfolk (such as said judge shall 
approve,) to account for the proceeds of such sale, according 
to law and the will of said John Hancock, the testator ; and 
provided, also, that the sum of not less than sixty-five thou- 
sand dollars shall be first set apart in trust for the annui- 
tants in said will, namely, James Scott Hancock and his two 
daughters, and Thomas Hancock, and Mary Lydia Colyer ; 
to which end the judge of probate court for said county of 
Norfolk is authorized to appoint a trustee for said annui- 
tants ; and the receipt of such trustee for said sum, after 
being duly qualified, shall be and constitute a full release 
and discharge of all claim, lien, or charge, on the part of 
said annuitants, and the parties claiming under them, to 
the real estate known as the Hancock mansion estate, on 
Beacon Street, in said Boston. Approved March 31, 1863. 



Cha}). 46. 



Resolve in favor of the state reform school. 

Trustees author- Resolvcd, That thc trustccs of the State Reform School 
S-s.osfoS'^ at Westborough, are hereby authorized to use the unex- 
pitkiaccommoda- pendcd balaucc of cash now on hand, on account of" recon- 
struction account," together with the unexpended balance 



1863.— Chapters 47, 48, 49, 50, 51. 575 

of last year's api>roi)riation, auiountiiipj to twelve hnndred 
seveiitj-three dollars and eight cents, for the ])urposc of 
providing hospital accommodations for said institution. 

Approved April 4, 1863. 

Resolve in favor of increase n. emertox. « Chop. 47. 

Resolved., For reasons set forth in the petition of Increase Allowance of $50 
N. Emerton, that there be allowed and paid out of the 
treasury of the Commonwealth, to said petitioner, the sum 
of fifty dollars. Approved April 4, 1863. 

Resolve in favor of henry e. mccollum. Chap. 48. 

Resolved, For reasons set forth in the petition of Henry Allowance of 
E. McCollnm, that there be allowed and paid out of the irjl^f *' 
treasury of the Commonwealth to said petitioner, the sum Marshpee ind'ns. 
of two hundred dollars, in full payment for all claims of 
said petitioner for medical aid furnished to Indians and 
people of color in the disttict of Marshpee. 

Approved April 4, 1863. 



Resolve in favor of william h. luce and daniel a. 

LAND. 



^^^^- Cha2). 49. 

Resolved, For reasons set forth in the petition of William Allowance of s's 
H. Luce and Daniel A. Cleaveland, of West Tisbury, that 'ZaZt'^tn 
there be allowed and paid out of the treasury of the Com- {^t^. .P'l'^ ^"^^ 

r" . . J Christiantown 

monwealth, to said petitioners, the sura of seventy-five Indians. 
dollars, in full for medical attendance upon Gay Head and 
Christiantown Indians. Approved April 4, 1863. 

Resolve on the petition op .josiah g. lovell. Chap. 50 

Resolved, For the reasons set forth in the petition of settlement and 
Josiah G. Lovell, that the settlement of the estate of Samuel Itf^Z^it^o^M 
Lovell, late of Boston, branch pilot, deceased, and the <:oDnnMA. 
partition of his estate accepted by the probate court for the 
county of Suffolk, December sixteenth, in the year eighteen 
hundred and sixty-one, and recorded with Suffolk probate 
records, and all titles held under said partition, be, and' the 
same hereby are fully confirmed in every respect and partic- 
ular, so far as the same are defective in consequence of the 
supposed want of jurisdiction of the said court. 

Approved April 6, 1863. 

Resolve in favor of samuel .t. fletcher. Chav 51 

Resolved, That there be allowed and paid out of the Allowance of 
treasury of the Commonwealth, to Samuel J. Fletcher, the !?5' 3i for nuiita^ 
sum of fifty-seven dollars and thirty-one cents, for services 



576 



1863. — Chapters 52, 53, 5i. 



agement. 



rendered as first lieutenant of Company H, fifteenth regi- 
ment, Massacjiusetts volunteers ; 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, and chapter one hundred and forty-seven of the acts of 
the year eighteen hundred and sixty-two ; and the same is 
hereby appropriated. Approved April 6, 1863. 

ChciD. 52. I^ESOLVES CONCERNING MASSACHUSETTS REGIMENTS IN THE FEDERAL 
•* ' "" ARMY. 

Expression of Resolvecl. That Massachusetts bears in her heart those of 

interest, satisfa';- , , , . . , , 01 i /• n 1 

tionand encour- her loyal citizBiis who havc gone lorth to deiend the consti- 
tution and the laws, and to establish the integrity of our 
national government ; 

That she views with satisfaction and pride their steadfast 
loyalty and their gallant achievements ; 

That she will continue to encourage and sustain tiiem to 
the full extent of her power, and will send such reinforce- 
ments to their aid as the national authorities shall, from 
time to time, demand ; 

That never has her determination to support the govern- 
ment, or her assurance of final success, been stronger than 
to-day ; 

Tliat, as she was the first to enter, so will she be the last 
to leave the field, until every armed traitor has disappeared 
from the land. 

Resolved, Tliat his excellency the governor be requested 
to forward copies of these resolves to the commanders of 
Massachusetts regiments in the field, with tlie request tliat 
they be communicated to their respective commands. 

Approved April 6, 1863. 



Copies of resolves 
to be forwariieil 
to commauders. 



Chat). 53, Eesolve to provide for repairs on the powder hocse on 

■* * ' captain's island in CAMBRIDGE. 

Governor and Resolved, That tlic govcmor, with the advice and consent 

council autlior- ^^ • % ^ 1 • 1 • 1 i 

ized to expend ot the councii, IS hereby authorized to cause suitable repairs 
* ■ to be made upon the powder house or magazine on Captain's 

Island in Cambridge, and the wall surrounding said maga- 
zine, to an amount not exceeding three hundred and fifty 
dollars ; the same to be in addition to the appropriation 
made under chapter forty-six of the resolves of the year 
eighteen hundred and sixty-two. Approved April 8, 1863. 

Chap. 54. Kesoxve concerning the magazine on captain's island. 
commonweaith-s Resoloed, That on and after the first day of July next no 
powder or ammunition not the property of the Common- 



property only, to 

be stored. 



1863. — Chapters i)^), 56, 57. 577 

wealth, sliall be stored in the magazine on Captain's Island ; 

and that his excellency the governor be requested to inquire Governor to re- 

d, ii-ii n 1 I'l P'"'' upon sale of 

report to the next Icgishiturc lor what sum the said niiig:./,ine and 

magazine aiul the land of tlio Commonwealth appurtenant Srg.''^ °^'^ 

thereto can be sold ; what site suitable for the erection of a 

new magazine can be obtained, and what sura in addition to 

that which can be obtained for the present magazine and 

land would be needed to purchase such site and erect a 

magazine for the Commonwealth thereon. 

Approved April 8, 1863. 

Resolves providing for returns of certain expenditures nhnn 55 

MADE BY CITIES, TOWNS AND PERSONS, AND A REPORT FROM THE ^' 

SAME TO THE GENERAL COURT. 

Rcso/red, That any city, town or person claiming of the statements of 

° certain military 



Commonwealth reimbursement of money paid for uniforms, expeTuturesmly 

be retui 
auditor. 



clothing, rations or transportation actually furnished mem- ^^ '"•^'"''"^'^ "* 



bers of the volunteer militia, who as such volunteers have 
been mustered into or enlisted in the service of the United 
States, may, on or before the first day of October next, return 
to the auditor a particular statement of the money so paid ; 
of the uniforms, clotiiing, rations and transportation so fur- 
nished ; of the persons or companies to whom they were so 
furnished ; of the items of expenditure, as far as may be 
practicable, and of such circumstances attending said trans- 
actions as may be deemed proper and important. 

Reso/oed, Tiiat the auditor is hereby authorized and Auditor to pre- 
directed to prepare from the returns thus made, a condensed submitTo°[egbia- 
report of the names of the claimants, amounts claimed and '""^^^ 
for what claimed, and such other facts as he may deem 
important, and cause his report to be printed, and transmit 
to the next general court his said report together with said 
returns. Approved April 10, 1863. 

Resolve in relation to the industrial school for girls at nh^-r, ;^r> 

LANCASTER. ^'^^P' ^^' 

Resolved, That the trustees of the Industrial School at Trustees to pay 
Lancaster be authorized to pay, out of the sum appropriated fi'd^destltutl'gVis 
for the current expenses of said institution, a sum not 
exceeding two hundred dollars, annually, for the purpose of 
aiding deserving and destitute girls, who have left the 
institution and wiio are out of employment. 

Approved April 13, 1863. 

Resolve IN FAVOR OF THE washingtoniax HOME. Chan. 57. 

Resolved, That there be allowed and paid out of the Allowance of 
treasury of the Commonwealth, to the treasurer of the ^^^^^- 



578 1863.— Chapters 58, 59. 

Wasliingtoiiian Home, to be expended by the directors for 

the charitaljle purposes of the institution, in providing a 

refuge for inebriates and means for reforming them, the sum 

Directors to make of four thousaud dollars. The said directors shall report to 

report to legisla- ,11.1, ., if>T n-ii 

ture. the legislature in the month ot January next, a detailed 

account of the manner in which this appropriation has been 
expended ; the amount contributed by individuals ; the total 
income and expenses of the institution, and the number of 
persons admitted, with the result of their treatment, so far 
as can be ascertained. Approved April 13, 1863. 

Chat) 58 Resolve in favor of the discharged soldiers' home. 

Appropriation of Reso/ved, That there be allowed and paid out of the 
fd?ikeamo''untbe trcasuiy of tlic Commoiiwealth, to the treasurer of the 
raised by private discharged soldlcrs' home, located in Springfield Street, 

subscription. c iiii t n ^ • • • 

Jioston, to be expended by the directors oi the institution, 
in temporarily caring for and aiding disabled and destitute 
soldiers that have been honorably discharged from the service 
of the United States, a sum not exceeding ten thousand dol- 
lars, on condition that an equal amount be raised by private 
subscription, and used for the same purpose. Said sum is 
hereby appropriated, and the governor, with the approval of 
the council, is authorized to draw his warrants for such 
parts thereof as may from time to time be applied for by the 
Eeport to the leg- president and two vice-presidents of the institution. The 
isiature required, ^^^q^^ ^f tlic iustitutioii shall rcport to tlic leglskturc, 
during the month of January next, a detailed account of the 
manner in which this appropriation has been expended, the 
amount contributed by individuals, the total expenses of the 
institution, and the number of persons admitted and relieved. 

Approved April 14, 1868. 



Chap. 



Eesolve granting taxes for the several counties. 

Resolved, That the sums placed against the names of the 
several counties in the following schedule, be and are hereby 
granted as a tax for each county, respectively, to be assessed, 
paid, collected and applied, according to law, viz. : — 

Worcester, ninety thousand dollars ; Plymouth, thirty 
thousand dollars ; Middlesex, one hundred and fourteen 
thousand dollars ; Norfolk, seventy-one thousand dollars ; 
Hampshire, twenty thousand dollars ; Hampden, twenty- 
seven thousand dollars; Franklin, sixteen thousand dollars; 
Essex, one hundred thousand dollars ; Dukes, three thou- 
sand dollars; Bristol, sixty-five tliousand dollars; Berkshire, 
twenty-six tliousand dollars ; Barnstable, twelve thousand 
dollars. Approved April 17, 1863. 



1863.— Chapters GO, (U, Cvi, G8. 579 

RkSOLVE IX FAVOU OF THF. TROY, DUDLKY AND MAUSIIl'F.K INDIANS. QJidj)^ (JQ, 

Resolced, That there be allowed and paid to the guardian Tmy Indians, 
of the Troy Indians, for their support, a sum not exceeding ^^^^' 
six hundred dollars, and for the salary of said guardian, the 
sum of one hundred dollars. To the guardian of the Dudley, s7oO. 
Dudley Indians, for their sujijjort, a sum not exceeding 
seven hundred and fifty dollars, and for the salary of said 
guardian, one hundred dollars; to the treasurer of the Marshpee, s2oo. 
Marshpee Indians, for the support of certain old state 
paupers, a sum not exceeding two hundred dollars. 

Approved April 17, 1863. 

Resolve IN FAVOR OF THE TOWN OF GRAFTON. Ckcip. 61. 

Resolved, For reasons set forth in" the petition of the secretary to fur- 
selectmen of the town of Grafton, that the secretary of the ports ^and° other 
Commonwealth is hereby authorized and directed to furnish (locumeats. 
to the clerk of said town complete sets of the Massachusetts 
Reports, Pickering's Reports, Metcalf's Reports, Cushing's 
Reports, first and third volumes of Gray's Reports ; also 
one copy of the State Map ; also copies of all such books 
and documents in his office as may heretofore have been 
furnished by the Commonwealth to clerks of towns : and 
the secretary is authorized to purchase such of the reports 
aforesaid as may be necessary to carry into effect this 
resolve ; and the governor is hereby authorized to draw 
his warrant for the necessary amount. 

Approved April 17, 1803. 

Resolve in favor of Caroline e. Hastings. Chan. 62. 

Resoh-ed, For seasons set forth in the petition of Caroline Allowance of soO " 
E. Hastings, that there be allowed and paid out of the 
treasury of the Commonwealth, to said petitioner, the sum 
of fifty dollars, in full for claim set forth in said petition. 

Approved April 17, 1863. 

Resolve in favor of the selectmen of plympton. Chan. 63. 

Resolved, For reasons set forth in the petition of Charles Appropriation for 
n. Perkins and George W. Sherman, selectmen of Plymp- armory rent, s50 
ton, that there be allowed and paid out of the treasury of 
the Commonwealth, to said petitioners, the sum of thirty- 
four dollars and sixty-four cents, in full for armory rent ; 
and the same is hereby appropriated. 

Approved April 18, 1863. 



580 1863.— Chapters 61, 65, 66, 67. 

ChctT) 64 Resolve to provide for preparing and publishing catalogues 

J- ' ' OF THE MUSEUM OF COMPARATIVE ZOOLOGY. 

4[py"P"ation of Resolved, Tliat there be appropriated and paid out of the 
treasury of the Commonwealth, to the trustees of the 
Museum of Comparative Zoology, the sum of ten thousand 
dollars, to be applied to the preparation and publication of 
catalogues of said museum, under the direction of the 
trustees. Approved April 18, 1863. 

Chat). 65. K,ESOLVE IN aid OF THE PERKINS' INSTITUTION AND MASSACHUSETTS 
-* ' ' ASYLUM FOR THE BLIND. 

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, the 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 18, 1863. 

Chap. 66. Resolves concerning the introduction of military drill as 

AN exercise in THE PUBLIC SCHOOLS. 

Board of educa- Resolvcd, That the board of education be directed to 

tion to consider . ' . . .. _. 

subject. take mto consideration the subject oi introducing an organ- 

ization of the scholars in the public schools above the age 
of twelve years, for the purpose of military drill and disci- 
pline ; and that in addition to such other inquiries and 
examinations as they deem necessary to a full understand- 
ing of the subject, they make an examination of the high 
school in Brookline, and of the military organization exist- 
ing among its pupils; ascertain the manner of its organiza- 
tion ; how long the same has existed ; the nature and 
degree of control held over the same by the teachers and 
officers of the organization, respectively ; the effect thereof 
upon the health and general deportment of its naembers and 
upon their capacity and inclination for literary pursuits and 
upon the general discipline of the whole school. 
Report tonext Reso/vcd, That tlic board of education report to the next 
quired'""^* ^'^' Icgislaturc, ou tlic sccoud Wednesday of January next, the 
result of their inquiry and investigation under the fore- 
going resolve. Approved April 21, 1863. 



Chap. 



g'Y^ Resolve in favor of j. henry jennings. 

Appropriation of Resolved, For rcasous set forth in the petition of J. Henry 
Jennings, that there be allowed and paid out of the treasury 
of the Commonwealth, the sum of eleven dollars to said 



$11. 



IS (5:5. —Chapters i^S, Gi). 70. 581 

petitioner, in full compensation for claim set forth in said 
petition ; and the same is hereby appropriated. 

Approved April- 23, 1863. 

RkSOLVE in FAVOU of WILLIAM DAILEY. Cllttp. 68. 

Resolved, That for reasons set forth in the petition of Appropriation of 
William Dailey, there be allowed and paid out of the treasury 
of the Commonwealtii, the sum of twenty dollars, in full for 
claim set forth in said petition ; and the same is hereby 
appropriated. Approved April 23, 1863. 

Resolves on the death of major-general sumner. Chop. 69. 

Reso/ved, That it is with the most profound regret and 
heartfelt sorrow that Massachusetts receives the tidings of 
the demise of another of her brave and illustrious sons, 
Major-General Edwin V. Su3INER, while in the midst of 
those active and patriotic duties, which it was his constant 
desire and highest aim, promptly to perform and faithfully 
to fulfil. 

Resolved, That in the death of General Sumner we feel 
that the country has lost a noble and patriotic citizen, the 
government a firm and enthusiastic defender, the army a 
brave and accomplished officer, whose services and life were 
devotedly given to the Union, and whose character and 
deeds will be cherished in the hearts of his grateful country- 
men, so long as they have a country to love, and the honor 
of its flag to cherish and defend. 

Resolved, That we present to the family of the deceased 
our sympathetic condolence, remembering, that he for whom 
they and the country mourn as dead, will ever in memory 
live, and through the medium of noble example, will speak 
in deeds of heroic valor to the sons of America, to the 
latest generation, which is a more eloquent eulogy than 
language can frame, and a more enduring monument than 
the hand of man can raise. 

Resolved, That his excellency the governor be requested 
to transmit a copy of these resolutions to the family of the 
late Major-General Sumner. Approved April 27, 1863. 

Resolve in favor of jerome wasiiburn and josepii w. caton. QJian. 70. 
Resolved, For reasons set forth in the petition of Jerome Appropriation of 
Washburn and Joseph W. Caton, that there be allowed and *uitory^'er'Vice''8' 
paid out of the treasury of the Commonwealth to said 
petitioners, the sum of twenty-four dollars and sixty-two 
cents each, the same being in full for services rendered by 
them as third and fourth lieutenants in company E, fourth 

3G 



582 1863.— Chapters 71, 72, 73. 

regiment, first division, Massachusetts volunteer militia. 
Said sums are hereby appropriated for that purpose, to be 
paid out of the Union fund provided in chapter two hundred 
and sixteen, of the acts of the year eigliteen hundred and 
sixty-one, and the one liundred and forty-seventh chapter of 
the acts of the year eighteen hundred and sixty-two. 

Approved April 27, 1863. 

Chap. 71. Resolve in favor of the natural history department of 

AMHERST COLLEGE. 

8^500^"''"°° °f Resolved^ That there be appropriated and paid out of the 
treasury of tlie Commonwealth, to the trustees of Amherst 
college, the sum of twenty-five hundred dollars, to be 
applied to the benefit of the natural history department of 
that institution. Approved April 27, 1863. 

Chop. 72. Resolve in favor of the officers and soldiers of the 

MASSACHUSETTS VOLUNTEER MILITIA. 

Allowance for ResolvecL That there be allowed to the officers and 

military services. «i-,r , i .,.., /, 

soldiers oi the Massachusetts volunteer mihtia the sum oi 
two dollars a day, witliout allowance for travel, for each 
day's service rendered under general order number four- 
teen, dated the twenty-sixth day of May, in the year 
eighteen liundred and sixty-two, in accordance with the 
returns now on file in the office of the adjutant-general. 
Aajutant-generai The adiutaiit-o;eneral shall present a roll of the persons 

to furnish roll . ^ 

entitled to compensation, with the amounts due to each, to 
the auditor for allowance, and upon such allowance, certi- 
fied by him to the governor, the sums due to each, respec- 
tively, shall be paid to such persons, or to their order, at 
the treasury of the Commonwealth, out of the unexpended 
balances, for tlie year eighteen hundred and sixty-two, of 
appropriations for militia bounty, rent of armories, and 
military accounts. Approved April 28, 1863. 



Chap. 73. 



Resolves concerning the establishment of a military 

ACADEMY. 

Governor may Reso/ved, That liis exccllency the governor be, and with 
sion°ers to coirsid- tlic advicc aud consent of the council is, authorized to 
er expediency, appoiiit tlircc pcrsoiis to be commissioners to inquire into 
the. expediency of establishing an academy for the instruc- 
tion of young men in matliematics, civil, military and prac- 
tical engineering, and other studies in connection with 
infantry, artillery and cavalry drill and tactics, and that 
said commissioners report a design for such an institution, 
the mode of establishing the same, the expense thereof, a 
plan for its support, the number of pupils to be accommo- 



1863.— Chapters 74, 75. 583 

dated, tlicir age at entering the institution, the amount of 
camp duty, and the length of the academic course, wliat 
provision shoukl be made for the support of the pupils, the 
equivalent to be rendered therefor, and whether tiie Com- 
monwealth has any, and what, propeity as resource avail- 
able for the endowment of such an institution. 

Resolved, That said commissioners make a report of their Report and com- 
doings to the governor, on or before the first day of Novem- p''°^*''°°- 
ber next ; and they shall receive such compensation for 
their expenses as the governor and council may direct. 

Approi-ed April 28, 1803. 



Chap. 74. 



Rksolve in favor of certain agents of foreign insurance 

companies. 

Resolved, Tliat the treasurer of the Commonwealth be Treasurer to re- 
and he hereby is authorized and empowered to refund and pa"a bycwtei'n 
pay back to Samuel Willis, the sum of fourteen dollars and "£""'''• 
eighty-six cents ; to William Lincoln, the sum of one hundred 
and sixteen dollars and three cents; to E. B. Gillett, the 
sum of thirty-one cents ; to William Elliot, the sum of 
seventy-four dollars and thirty-seven cents ; to James Cook, 
the sum of twenty-two dollars and seventy-two cents ; to J. 
E. Carpenter, the sum of twenty-three dollars and forty-six 
cents ; and to William S. Danforth, the sum of twenty-five 
dollars and sixty-four cents ; said sums having been required 
of and paid by them severally into the treasury of the 
Commonwealth as agents of insurance companies incorpo- 
rated by the laws of the state of Connecticut, under a 
misconstruction of the laws of said state; and the sum of Appropriation. 
two hundred and seventy-seven dollars and thirty-nine cents 
is appropriated for the purposes aforesaid. 

Approved April 28, 1863. 

Eesolve in relation to the disease called pleuro-pneumonia. Chat). 75. 
Resolved, That Morril Wyman, of Cambridge, is hereby jiorrii wyman, 
authorized and allowed to make experiments on pleuro- authorhe'dtJfex 
pneumonia among cattle, so far as it relates to the laws of p«"uient. 
transmission, at his own expense, and may establish a 
receptacle on his own grounds, or on the grounds of others, 
by their consent, to carry out tlie above-named purpose, not 
endangering the cattle of others ; and the cattle commis- 
sioners shall at his request place at his disposal cattle 
belonging to the Commonwealth, so far as he may think 
necessary for the purposes of this resolve. 

Approved April 28, 18G3. 



584 1863.— Chapters 76, 77, 78, 79, 80. 

Chan 76 Resolve ix favor of f. g. sanborn, and to defray the ex- 

^' ' PENSES OF A commissioner TO THE INTERNATIONAL EXHIBITION 

AT HAMBURG. 

Appropriation of Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, and the same is hereby- 
appropriated, one hundred dollars, to pay F. G. Sanborn, 
for a valuable report on insects beneficial to agriculture ; 
Allowance of also that the sum of one thousand dollars be allowed and 
missioner autho- paid out of tlic treasury, to defray the expenses of the 
^'^^^" commissioner, appointed by the state board of agriculture, 

to the international exhibition at Hamburg. 

Approved April 28, 1863. 

Chap. 77. Resolve in favor of james hayes. 

Appropriation, Resolved, FoY rcasous set forth in the petition of James 

fervices!^™'^"'''^^ Haycs, that there be allowed and paid out of the treasury 

of the Commonwealth, to said petitioner, the sum of one 

hundred and fifty dollars, in full for his services as assistant 

provost-marshal ; and the same is hereby appropriated. 

Approved April 28, 1863. 

Chap. 78. Resolve in favor of winthrop av. chenery. 

Appropriation, Resoluecl, That there be allowed and paid out of the 
dfmaget'' su°s- trcasury of the Commonwealth to Winthrop W. Chenery, 
tained. ^\^q g^j^^-^ Qf tliirty-threc hundred and twenty-eight dollars 

and sixty-seven cents, in full of all claims against the Com- 
monwealth for damages sustained by him by reason of the 
proceedings instituted under the one hundred and ninety- 
second and two hundred and twenty-first chapters of the 
acts of the year eighteen hundred and sixty; and the same 
is hereby appropriated. Approved April 29, 1863. 

Chap. 79. Resolve IN favor of o. H. CLARKE. 

Appropriation of ResoJvecl, That for reasons set forth in the petition of 0. 

*^^' H. Clarke, there be allowed and paid out of the treasury 

of the Commonwealth to said petitioner, tlie sum of fifty 
dollars, in full for claim set forth in said petition ; and the 
same is hereby appropriated. Approved April 29, 1863. 

Chap. 80 Resolve in favor of anna w. draper. 

Appropriation of Resolved., That for reasons set forth in the petition of 
Anna W. Draper, there be allowed and paid out of the 
treasury of the Commonwealth to said petitioner, the sum 
of fifty dollars, in full for claim set forth in said petition ; 
and the same is hereby appropriated. 

Approved April 29, 1863. 



«50. 



18G:3.— Chapters 81, 82, 83, 84, 85. 585 

Ri:SOLVK IN FAVOR OF WILLIAM F. 8IIAW. Chat). 81. 

licsolred, For reasons set forth in the petition of AVilliam Appropriation of 
F. Shaw, that there he allowed and paid out of the treasury *"'^' 
of the Connuon wealth to said petitioner, the sum of fifty 
dollars, in full for claim set forth in said petition ; and the 
same is hereby appropriated. Approved April 29, 1863. 

KeSOLVK in FAVOR OF THE STATE ALMSHOUSE AT BRIDGEWATER. Ckap. 82. 

llesolred, That the inspectors of the state almshouse at cnm-nt expenses 
Brid^ewater, be authorized to use any unexpended aj)pro- ^'^''*' " 
priation for curi-ent expenses, for the present year, for such 
improvements or repairs of said institution as they may 
deem necessary. Approved April 29, 1863. 

Resolve in relation to expenses of the committee on public QJiap^ 83. 

CHARITABLE INSTITUTIONS. ^' 

Resolved, That there be allowed and paid out of the AppropriaUoa of 

r, I /-, 111 r- iTi *1^5 authorized. 

treasury of the Commonwealth, the sum oi one luindrea 
and sixty-five dollars and five cents, for expenses incurred 
by the committee on public charitable institutions in visiting 
the several charitable institutions in this Commonwealth, 
under an order of the Senate of January fifteentli, in the 
year eighteen hundred and sixty-three. 

Approved April 29, 1863. 

Resolve for the payment of expenses incurred under the QJiq^ gj., 

PROVISIONS of an act CONCERNING CATTLE COMMISSIONERS. ■* * 

Resolved, That there be allowed and paid out of the sr.ooo'"''au'thor- 
treasui-y of the Commonwealth, the sum of one thousand izeJ-. 
dollars, for the compensation and authorized expenses of the 
commissioners appointed under an act concerning cattle 
commissioners, being chapter twenty-eight of the acts of 
the year eighteen hundred and sixty-two. 

A/>proved April 29, 1863. 

Resolve in reference to certain claims of the state of maine. Chcip. 85. 
Reso/ved, That the governor and council are hereby Governor and 

,,.,, ,?,i 1 • !• council to exam- 

autlioiized and requested, to liear and examuie any claim, ine and report. 
or claims, made by the state of Maine against the Common- 
wealth of Massachusetts, in reference to the recovery of 
certain moneys advanced by Massachusetts for the United 
States, in the war of eighteen hundred and twelve, with 
Great Britain ; and to lay the result of such examination 
before the next legislature ; and nothing in this resolve shall 
be held to be an admission of the validity of such claim or 
claims. Approved April 29, 1863. 



586 



1863.— Chapters 86, 87/ 88, 89. 



Chap 



Qg Resolve to provide additional compensation to the chap- 
lains, DOOR-KEEPERS, MESSENGERS AND PAGES OF THE LEGISLA- 
TURE. 

Resolved, That in addition to the sum now provided by 
law, there be allowed and paid out of the treasury of the 
Commonwealtli, to each of the door-keepers and messengers 
in attendance on the legislature, three dollars per day for 
each and every day's attendance, during the present sessioii, 
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 29, 1863. 

Chap. 87 Rksolve 



Loan from banks 
authorized. 



Chap. 88. 



Appropriation, 
$20 each. 



Chap. 89. 

Appropriation, 



AUTHORIZING THE TREASURER TO BORROW MONEY IN AN- 
TICIPATION OF THE REVENUE. 

Resolved., That the treasurer be and he hereby is author- 
ized to require of the several banks of the 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, 
authorized by this resolve, shall not at any time exceed five 
hundred thousand dollars. 

This resolve shall take effect upon its passage. 

Approved April 29, 1SG3. 

Resolve for compensation of watchmen for services rendered 

AS messengers. 

Resolved, That there be appropriated and paid from the 
treasury of the Commonwealth, to each watchman of the 
state house, the sum of twenty dollars, in full compensation 
for services performed as assistant messengers during the 
present session, the same to be in addition to their annual 
salary. Approved April 29, 1863. 

Resolve in favor of simeon borden. 

Resolved, That there be allowed and paid, and tlie same 
is hereby appropriated out of the treasury of the Common- 
wealth, to Simeon Borden, of Fall River, the sum of thirty- 
six dollars ; expense incurred by him for medical attendance 
during the present session. Approved April 29, 1863. 



18G3.— Chapters 90, 91, 9'2, 93. 587 

RkSOI.VK PROVIDIXCi FOK TlIK KXPEXSKS OF TUK MASSACIIUSKTTS QJ^^p^ 9Q_ 
Al.r.OTMKXT COMMISSIONERS FOR TIIK YF.AR EIGHTEEN IIUNDKKD ^ ' 

AND SIXTY-THRKK. 

Resolved, That there be appropriated aiul paid from the ^ppj°p"''"^° °f 
state treasury, a sum not exceeding three hundred dollars, 
for the ex|»enscp, during the present year, of three Massa- 
chusetts allotment commissioners, appointed by the president 
of the United States, in pursuance of the requirements of 
the act of congress, approved December twenty-fourth in 
the year eighteen hundred and sixty-one. 

Approved April 29, 1 863. 

Resolve -CONCERNING the petition of s. e. sewall and others. Chap. 91. 
Resolved, That the governor, with the advice and consent commission on 

-, '., .^, ' PI 1111 condition of m- 

01 the council, appomt three persons, one oi whom sliall be sane, authorized. 
a doctor of medicine, commissioners to examine what 
changes if any are necessary in the laws regarding insane 
persons ; who shall have power to visit all the lunatic 
hospitals and asylums, and private establishments for the 
reception of insane patients ; to examine the cases of any 
patients confined in any such hospital, asylum, or other 
place ; to summon before them, and examine under oath, or 
otherwise, any witnesses ; and report at the next session of 
the legislature : provided^ hoivever, that no charge or expense Proviso. 
is incurred by the Commonwealth under this resolve. 

Approved April 29, 1863. 

Resolve in favor of mary w. russell. Chop. 92. 

Resolved, That there be allowed and paid out of the Appropriation of 
treasury of the Commonwealth, to Mary W. Russell, the ' 
sum of fifty dollars for services rendered and expenses 
incurred by her late husband William S. Russell, deceased, 
in connection with the copying of the Plymouth Colony 
Records ; and the same is hereby appropriated. 

Approved April 29, 1863. 

Resolve authorizing the sale of certain real estate belong- Chap. 93. 
ixG to the commoxavealtii, in the city of boston. ^ 

■Resolved, That the treasurer and receiver-general, with saie of estate in 

ji 1 • 1 , n 1 1 •! 1 J South Street au- 

the advice and consent oi the governor and council, be and thonzed. 
is hereby authorized to sell so much of the real estate, 
numbers one hundred and seventeen and one hundred and 
nineteen .^outh Street, in the city of Boston, as will convey 
to the purchaser the fee in one-half of the partition walls 
between the said buildings and buildings about to be erected 
on the adjoining lots. " Approved April 2Q, 1863. 



588 1863.— Chapters 94, 95, 96, 97. 

Chcit) 94: I^ESOLVE IN AID OF THE ERECTION OF A MONUMENT TO SUMNER H. 
■^ ' * NEEDHAM. 

Appropriation of Resolved, That there be allowed and paid out of tlie 
treasury of the Commonwealth, to the city of Lawrence, 
the sum of six hundred dollars, to defray in part the 
expense incurred, in the erection of a monument over the 
remains of Sumner H. Needham, a member of company I, 
sixth regiment Massachusetts volunteers, who, on the 
nineteenth day of April, in the year eighteen hundred and 
sixty-one, fell a victim to the passions of a secession mob in 
the streets of Baltimore : and the governor is hereby, 
authorized to draw his warrant accordingly, from any 
moneys not otherwise appropriated. 

Approved April 29, 1863. 

Chop. 95. Rt^SOLVES CONCERNING CERTAIN ROADS BELONGING TO THE COMMON- 
-* * "^ ' AVEALTH. 

Proceedings au- Resoluecl, That thc attorney-general be and hereby is 
Boston and^Hox- au thorizcd, to commence proceedings against the Boston and 
ration'!^'^' ^°^'^°' Roxbury Mill Corporation, for any breach of its agreement 
to keep its roads, dams and bridges in good repair, until 
May first, in the year eighteen hundred and sixty-three. 
Rights or ease- Resolved. That any arrangement which may be made by 

ments, how con- .'. iii- i -i 

firmed. thc comuiissioners on public lands, in regard to any rights 

or easements in said dams, roads and bridges, under the 
two hundred and first chapter of the acts of the year one 
thousand eight hundred and sixty-one, shall be subject to 
approval and confirmation by the legislature. 

Approved April 29, 1863. 

Cheep. 96. Resolve in favor of william white, for stereotype plates 
^ ' * for the general statutes. 

Appropriation of Rcsolved, For the reasons set forth in the petition of 
William White, that there be allowed and paid out of the 
treasury of the Commonwealth, to said petitioner, the sum 
of fourteen hundred and sixty-six dollars arid eighty-six 
cents, in full payment for the stereotype plates used for 
printing the General Statutes, and the same is hereby 
appropriated. Approved April 29, 1863. 

Chap. 97. Resolve in aid of a monument to luther c. ladd and addison 

O. WHITNEY. 

Appropriation of ResoIvcd, That the sum of two thousand dollars be and 
the same is hereby appropriated for a monument of marble 
or granite to Luther C. Ladd and Addison 0. Whitney, (the 
first martyrs in our second struggle for national existence,) 
to be erected in some public place in the city of Lowell, 



$1,4€6.86. 



1863.— Chapters 98, 99, 100. 589 

umler the direction of his excellency the governor, in con- 
nection "with the city council of said city ; and the governor 
is hereby authorized to draw his warrant accordingly : ])ro- Proviso. 
I'ided, that said city shall raise a sum of not less than two 
thousand dollars for the same purpose. 

Approved April 29, 1863. 

HeSOLVE making an APPROrRIATION FOR SURVEYS, PLANS AND Ckdi). 98. 
EXPENSES INCURRED BY THE COMMISSIONERS ON HARBORS AND ^ ' 

FLATS. 

Resolved, That there be allowed and paid out of the Appropriation of 
treasury of the Commonwealth, a sum not exceeding five ^ ' 
thousand dollars, for surveys, copying plans, and contingent 
expenses, under the direction of the commissioners on the 
harbors and fiats of the Commonwealth ; payments to be 
made, from time to time, as approved by the governor and 
council : and the same is hereby appropriated. 

Approved April 29, 1863. 



Resolve authorizing the attorney-general to appear before 

THE general assembly OF CONNECTICUT, IN REGARD TO CERTAIN 



• Southwick 
Ponds.' 



Chap. 99. 

WATER RIGHTS. 

Resolved, That the attorney-general be and is hereby Attome^generai 
authorized to appear before the general assembly of the state s^on^Sf waterroir 
of Connecticut to oppose any action of said assembly, having ~ 
for its object the diversion of the waters of " Southwick 
Ponds," and their tributaries, from their natural outlet in 
this Commonwealth, into the Farmington River, in the state 
of Connecticut ; and to protect the interests of this Common- 
wealth and its inhabitants, in said waters. 

Approved April 29, 1863. 

EeSOLVES CONCERNING THE PRESENT REBELLION. Ckat). 100 

Resolved, That Massachusetts reaffirms her loyalty to the Loyalty of Mas- 
constitution and to the union of the United States of Amer- ^^Id"^ ^^ 
ica, to the general government, its officers and magistrates, 
and to all the laws, acts and proclamations by which the 
government aims to preserve the national integrity, and to 
enforce the national authority ; and pledges to the main- 
tenance of the same all her moral, physical and material 
resources. 

Resolved, That since it is the main and vital object of our Declaration for 
national organization " to promote the general welfare and aiT foms^'of'ty?- 
secure the blessings of liberty to ourselves and to our ^nny and vassai- 
posterity," she cordially recognizes the policy, the justice ^^^' 
and the necessity of the ultimate extinction of all those 
forms of tyranny and vassalage which have hitherto marred 

37 



590 1863.— Chapter 100. 

our national unity and power ; and that she countenances, 

approves and will ever maintain all lawful acts of the 

constituted authorities which recognize and contemplate this 

end. 

Thanks tendered Resolved, That shc tcudcrs to thc president, and to the 

national forces"'^ officers and mcu of our national forces her profound thanks 

for their untiring efforts in the cause of our country, which 

being one with the cause of universal freedom and humanity, 

is destined under God and through our unflinching loyalty, 

to be crowned with success. 

Copy to be trans- ResoluecL That his excellency the governor be requested 

mitted to presi- . .' n ■, , i • i c ^ 

dent. to forward a copy oi these resolves to the president ot the 

United States. Approved April 29, 1863. 



I^' The General Court of 18G3, during its annual session, passed two 
hundred and fifty Acts and one hundred Resolves, all of which received 
the approval of the Governor. 

The Acts may be classified as follows : 

General Statutes, or Acts of a public character, . . .132 
Special Acts, relating to individuals and corporations, . . 118 — 250 



INAUGURAL ADDRESS 



HIS EXCELLENCY JOHN A. ANDREW. 



At twelve o'clock on Friday, the ninth day of January, 
His Excellency the Governor, accompanied by His Honor 
the Lieutenant-Governor, the members of the Executive 
Council, and officers of the civil and military departments 
of the government, attended by a Joint Committee of the 
two Houses, and the Sheriff of Suffolk, met the Senate and 
House of Representatives, in Convention, and delivered the 
following 

ADDRESS. 

Gentlemen of the Senate and 

House of Ptepresentatives : 

Assembled in the Capitol of the Commonwealth to 
inaugurate the political year with becoming ceremonies, 
and to enter upon the honorable duties of your trust as 
law-givers of the People, I join you in humble thanksgiving 
to Almighty God for the merciful providences which have 
attended all the experiences of the year which has closed 
behind us ; and for the promises and signs of His continued 
favor to the obedient. 

I invite your thoughtful consideration of the attitude, 
affairs, prospects and duties of the Commonwealth. 

The permanent Public Debt, exclusive of the loans 
of the credit of the Conimonwealtli to various 
Raikoad Corporations, is $5,257,000 00 



592 



GOVERNOR'S ADDRESS. 



Provision has been made for this debt as follows : — 



7,716 shares "Western Railroad stock at $140 per 

shares is, 
Back Bay Lands Fund, 
Almshouse Sinking Fund, 
Union Loan Sinking Fund, 
Claims of the State against the United States, say, 



$1,080,240 00 

375,000 00 

69,260 00 

1,771,525 00 

1,800,000 00 

$5,096,025 00 

The receipts into the Treasury of the Commonwealth, 
from the ordinary revenue for the year 1862, were 82,947,- 
732.48, and were derived from the following sources, 
namely : — 

Direct State Tax of 1862, . . $1,763,108 62 
Balance of direct State Tax for 

former years, .... 13,048 56 

Bank Tax, 

Savings Bank Tax, ...... 

Insurance Tax, . 

Insolvency Courts, ...... 

Income from Sinking Funds applicable to the extin- 
guishment of public debt, and accrued interest on 
scrip sold, ....... 

Miscellaneous, ....... 



$1,776,157 18 

654,022 50 

228,683 21 

111,021 79 

32,652 00 



112,022 91 
33,172 89 

$2,947,732 48 

The disbursements for the year amounted to ^1,683,390.93, 
and were for the following purposes : — 

Executive Department, including the* Governor 

and Council, Secretary's, Treasurer's, Auditor's, 

and Attorney-General's Departments, 
Judicial Department, ..... 

Legislative Department, .... 

Agricultural Department, .... 

State Library, ...... 

Sergeant-at-Arms, including State House accounts 
Bank Commissioners, ..... 

Insurance Commissioners, .... 

Military Department, ..... 

Disbursements for Charitable Institutions, &c.. 
State Aid to Families of Volunteers, 
Miscellaneous, ...... 

Disbursements for Correctional Institutions and 



purposes, 

Interest, including $51,463.35 premium on coin, 



$60,455 99 

110,047 44 

128,393 45 

30,881 67 

4,300 00 

13,900 78 

8,388 09 

5,502 53 

37,330 20 

320,323 50 

435,251 77 

61,415 99 

142,512 64 
324,686 88 

$1,683,390 93 



GOVERNOR'S ADDRESS. 593 

The collections of the revenue have been promptly made ; 
and, although in the midst of war, and, notwithstanding 
the millions of dollars by voluntary contributions and public 
ai)propriation expended in various forms of succor to our 
brave defenders in the field, and of relief to their families 
at home, the Treasury of the Commonwealth presents a 
spectacle of strength and prosperity usual only in peace, 
and worthy the resources and patriotism of the people of 
Massachusetts. 

The returns from tlie cities and towns on account of aid 
furnished to the families of volunteers during the year 
1SC)2, exhibit the amount of about two millions of dollars, 
for which the Municipalities have a claim to be reimbursed 
Vty the Commonwealth and for which provision will need to 
be made by the present General Court. This belongs to a 
class of public burdens which will be met by the people 
with cheerful alacrity. 

Interest on the bonds of the Commonwealth lent to the 
Eastern Railroad Company for -^500,000, and to the Norwich 
and Worcester Railroad Company for -$400,000, became due 
at the State Treasury on the first days of July last and of 
January current. 

The price of coin to pay this interest July 1, 1862, was 
10 per cent. ; January 1, 1863, 33 per cent. 

The amount of interest due July 1, 1862, was $24,500, 
the premium on gold, 10 per cent., $2,450 ; the amount of 
interest due January 1, 1863, was $24,500, premium on 
gold 33 per cent., $8,085. Total, $49,000, at a premium of 
$10,535. 

The payments were made by the Treasurer in coin as 
required by law, but their reimbursement in coin, demanded 
by the Treasurer, was refused by the corporations for whose 
benefit the credit of the State was pledged, which repaid 
those sums only in United States currency, legally tendered 
to the Treasurer, at a loss to the treasury of $10,535. 

RAISING TROOPS IN 1862. 

At the close of the year 1861, Massachusetts had sent to 
the field 3,736 militia for three months' service, and twenty- 
two regiments and eight companies of infantry, one regiment 
of cavalry, five l)atteries of light artillery, and two compa- 
nies of sharpshooters, volunteers for tlircc years. During 
the year 1862, 4,043 militia were assembled at Boston, (in 
the month of May,) on requisition from the Federal Gov- 
ernment ; and thirty regiments and four companies of 



594 GOVERNOR'S ADDRESS. 

infantry, three companies of cavalry, five batteries of light 
artillery, five companies of heavy artillery, and two compa- 
nies of militia (Cadets,) were sent into Federal service. 
Since the new year another battery of light artillery has 
gone to the field. Of these, thirteen regiments and three 
companies of infantry, the three companies of cavalry, four 
batteries of light artillery, and the five companies of heavy 
artillery, were three years' volunteers ; seventeen regiments 
of infantry and one battery of light artillery were mustered 
for nine months, and one battery of light artillery and one 
company of infantry for six months. Of the two Cadet 
companies, one remained in Federal service for two months 
and one for five months. There are now recruiting in the 
State an additional regiment of cavalry, three more light 
artillery batteries, and another company of sharpshooters. 
Including these, Massachusetts has at this time in the 
service of the United States fifty-two regiments of infantry, 
two regiments and three companies of cavalry, fourteen 
batteries of light artillery, one regiment and three companies 
of heavy artillery, and three companies of sharpshooters, 
which computed at their full strength would make an 
aggregate of 60,000 men. But many of these corps are 
now far from full. The rolls of some show less than a third 
of the full strength for duty, such has been the loss by 
battle and disease, without a corresponding accession of 
recruits. During the year 1862, however, nearly 7,000 
recruits appear, by the statement of the Federal Superin- 
tendent of the Recruiting Service, to have been sent to the 
Massachusetts regiments in the field ; and according to an 
estimate reported to me by the Adjutant-General, more than 
1,200 were sent in 1861. This branch of the service has 
long been within exclusive control of Federal officers, 
having been organized in December, 1861, by an Order of 
the War Department. A General Superintendent of the 
Recruiting Service was designated by the Secretary of War, 
and stationed at Boston, under whose direction recruiting 
parties sent back to the State from the corps in the field, 
pursue their work, and from whom, together with the 
Federal staff officers on duty here, the funds are drawn for 
the Federal bounty and advance pay, the authorized expenses 
of recruiting, and the subsistence, equipment and transpor- 
tation of recruits. The extent of the power of the State 
Government has been to encourage enlistments into old 
corps in preference to new organizations, whenever and 
however it has had opportunity, by popular appeals, and by 
personal and written advice to municipal magistrates. Its 



GOVERNOR'S ADDRESS. 595 

exertions to this end would have been more effective, had 
the duties of tliis recruiting service also been imposed upon 
it, in like manner with the original raising of volunteer 
corps. The line of demarkation drawn by the Federal 
Government, is well defined, assigning to the State Govern- 
ments the labor of raising new corps, the recruitment for 
which, after they have once been completed, and have passed 
into Federal service, it reserves to itself, and executes 
through the recruiting parties detailed by regimental 
commanders, and acting under the army officers detailed 
from the head-quarters of the army to superintend recruiting 
in the States. During the past year, it has reserved also 
the provision of all supplies, of whatever description, 
pertaining to the staff departments of the army, as well for 
the new troops raised by the States, as for recruits for old 
corps. The advantages to the Federal Government of this 
system, are obvious, in preventing inflation of the prices of 
goods by competition between the different States, and in 
securing uniformity of cost, color, shape and quality. But 
its inevitable circumlocution, in respect to the new corps, 
and the inability of the State Government always to control 
the provision and issue of supplies to the best advantage — 
in the absence of any depot of supply in New England — 
were clogs on our recruiting service which we did not 
encounter in 1861, when the State delivered its regiments 
to the Federal Government, fully armed and equipped at 
its own expense. Nevertheless, the number of troops sent 
from the State in 1862, largely exceeded that of the previous 
year, the period occupied being about the same in both, for 
during the spring of 1862 the Federal Government pursued 
the policy of refusing to accept new troops, and even dis- 
continued for awhile the recruiting for corps already in the 
field. Early in June, however, it was resumed, and a call 
for 15,000 more volunteers for three years was made on 
Massachusetts, which in August was followed by the call for 
19,000 militia for nine months. A comparison of the dates 
at which the various corps raised by the State during the 
two years, were sent into active service, shows that notwith- 
standing the change in the system of supplies, and the 
increased difficulty of recruiting, by reason of so large a 
portion of the population of military age having already 
been enlisted, the military movements of 1862 were as 
prompt and active as were those of 1861. [The table 
marked (A) attached to the printed copy of this Address, 
affords means for the comparison.] Whatever may have 
been the comparative disadvantages under which in 1862 



596 GOVERNOR'S ADDRESS. 

we assumed the duty of raising anew the Massachusetts 
contingent for the Union army, the unfaiUiig patriotism of 
the people and the powerful support of the municipal gov- 
ernments enabled us to overcome all difficulties. 

The orders fixing the time for marching each corps from 
the State, are practically determined by the military autho- 
rities of the United States. I have always insisted, that, so 
far as possible, every corps should receive a full outfit and 
equipment before leaving the Commonwealth. Thus much 
I have felt was demanded by my duty to the soldiers and 
the people. And I deeply regretted the denial of our 
request that all of the troops of Massachusetts destined for 
expeditions by sea, should be permitted to remain in barracks 
and to embark from our own ports, where the Government 
of their own State could protect them from such needless 
hardships and perils as were encountered by some of them 
in their encampment and embarkation at New York. 

The conduct of the troops of this Commonwealth, whether 
in camp, on the march, or under fire, has won the unqualified 
commendation of all the generals under whom they have 
served. They are universal favorites, sought for by com- 
manders for their intelligence, obedience and valor. Inter- 
esting reports of their military history from the colonels of 
many of the corps, and letters from many general officers 
under whom they have acted, have been received, which 
afford evidence, besides that derived from other sources, of 
the brilliant heroism and patient endurance of these sons 
and brothers of our people. These documents are all in 
the hands of the adjutant-general, who will remember them 
in the preparation of his annual report. 

THE DRAFT. 

It is impossible to find space in this address to narrate all 
the proceedings under which our contingent of militia was 
raised. The requisitions from the national government, the 
regulations under which this department was conducted, the 
orders emanating from the military head-quarters of the 
Commonwealth, the rules there adopted and its methods of 
proceeding, will be recited in the report of the adjutant- 
general. And a full and carefully prepared narration and 
explanatory statement of all matters relating especially to 
the drafting of militia, will be found in that report. 

The orders for nineteen thousand and eighty militia to be 
drafted for nine months' service came while we were yet 
raising a part of our contingent of the three years' volun- 



GOVERNOR'S ADDRESS. 597 

tecrs, called Tor on the 2d of June. The duties thus 
imposed, in their manifold details relating to the new enrol- 
ment, cxeuii)tion, computation of (piotas, distribution of 
quotas, and tiie like, plainly demanded the undivided super- 
vision of an officer to be sjieciallj detailed for that service. 
No oHicer then on duty could be spared for the employment. 
To this end, I appointed a gentleman, as an assistant 
adjutant-general, of rare adaptation to the precise labors 
these peculiar duties involved, who has performed his deli- 
cate and arduous task with success and intelligence which 
merits this acknowledgment. 

Questions of grave practical importance, affecting the 
interests and feelings of large masses of the people, some- 
times involving local and geographical considerations, points 
of honor on which whole communities were sensitive, points 
of right even, touching which all men are jealous, many of 
them difficult, all of them new and without a precedent, 
have crowded upon the executive for decision. For their 
correct decision he alone was responsible. The responsibility 
could not be shared. Grateful for the cordial, intelligent 
and constant assistance I have always received from all the 
other officers surrounding me, military and civil, as oppor- 
tunity was afforded them, I owe to the people of Massachu- 
setts and to the officers of their municipal governments, an 
inexpressible gratitude for the considerate forbearance, the 
manly zeal, the unfaltering patriotism with which the 
determinations of this department have been accepted and 
sustained. 

BOUNTIES. 

The payment of bounties by cities and towns to encourage 
enlistments in the military service, thus relieving their 
enrolled militia from being subjected to draft, will demand 
your attention, and legislation will be needed in order to 
legalize such action of the municipal authorities. I respect- 
fully recommend that the Commonwealth assume all such 
bounties up to some reasonable and liberal amount, per 
capita. The call made upon a given locality for recruits, is 
a matter of convenience in the raising of troops. The duty 
of furnishing its contingent, in fact, resides in the Common- 
wealth itself ; and since the policy was universal, and was 
adopted by common consent, of sul)stituting the motive of 
bounties in the stead of conscription, I cannot doubt that 
true equity requires the burden of taxation for their pay- 
ment to be ascertained and laid on the taxable property and 
polls of the whole people, in the proportion which the whole 

38 



598 GOVERNOR'S ADDRESS. 

burden bears to the valuation of the whole Commonwealth. 
Otherwise, we shall leave it to the towns to pay, not in pro- 
portion to their means of payment, but in proportion to the 
number of men they enlisted. This would seem to be 
unjust to the poorer towns, and the more so because such 
communities have already to endure the loss to their industry 
and prosperity occasioned by devoting their young and 
active men to the service of the country. 

I would venture the suggestion that this is a kind of 
obligation whicli ought not to be unnecessarily thrown on the 
shoulders of another generation. The duty of bearing arms 
in the national defence rests on the generation of the time 
being. The expenses incident to the selection of the precise 
individuals who shall perform military duties for the com- 
munity, should be paid by those who constitute that com- 
munity ; and I recommend that a system of State taxation 
be adopted for the extinguishment, within five years, of this 
class of obligations. 



DESERTION. 

Desertion, in the sense of wanton flight from duty, I am 
confident, is rare. But, owing to the unsystematized way in 
which sick and wounded men were, for many months, dis- 
posed of ; the difficulties attendant on finding their regiments 
and reaching them ; and their dread of the convalescent 
and stragglers' camps at Alexandria ; many men not un- 
willing to do their duties, have been detained from their 
regiments, and not accounted for until at last they became 
marked on the rolls as absentees without leave. Certain 
conspicuous instances of such mistakes have occurred within 
my personal knowledge. Convalescent soldiers are detained 
as nurses in hospitals ; others are sent on detached duty of 
every sort, detailed to assist quartermasters and commis- 
saries ; rolls, returns, books of whole regiments are utterly 
lost on retreats or hasty marches ; and many missing men 
are, in consequence unjustly reported, for the time, as 
deserters. On lists of more than twelve hundred soldiers 
reported to these head-quarters as absent without leave, only 
some twenty liad manifestly deserted, in the criminal sense, 
so as to justify their being publicly announced by name. 
Indeed, it was the somewhat rhetorical testimony of one of 
the most devoted of our regimental commanders that the 
bravest and most daring exhibitions he had witnessed during 
the war were the efforts of his men to escape to the front. 



GOYERXOR'S ADDRESS. 599 

I, of course, do not include in these remarks those persons 
attracted by recent bounties, of whom there have been too 
many strivino; to enlist without the jnirpose of serving. 

Acknowledgment is due to the municipal magistrates, of 
their cordial co-operation witli the Provost-Marshal in his 
efforts to restore absentees to their regiments, undiscouraged 
by the difficulties in the Federal system of reimbursing the 
expenses of such service. 

REGIMENTAL ROLLS, AND THE SOLDIERS' FAMILIES' RELIEF 

LAW. 

The perfectness of our regimental rolls, (necessarily and 
constantly changing,) and the facility of access to the 
information they should supply, are in the immediate 
present, and will be for many years to come, objects of grave 
practical importance. The relief afforded by tlie towns to 
the families of volunteers, the reimbursement of the towns 
therefor, the adjustment of questions concerning national 
bounties, bounty lands and pensions, are among the more 
apparent reasons for solicitude in rendering these records 
full, authentic, and easy to be consulted and understood. 
Nor is it any more than just to our volunteers, their families 
and posterity, to say nothing of the claims of history upon 
the fidelity with which we record the great transactions of 
our time, that the name and fate of every actor in the War 
should be preserved in permanence and without error. I 
have therefore caused measures to be recently takgn in the 
office of the Adjutant-General for the thorough revision of 
all the regimental rolls and for the preparation of an ' 

additional roll, with an alphabetical arrangement, containing 
in eleven columns, a consolidated outline of the particulars 
needing to be known and of possible attainment. 

I respectfully call your attention to the condition of 
families dependent on volunteers who have fallen in the 
service by wounds resulting fatally or in permanent disability. 
The death or discharge of such, in many cases, puts their 
families in danger of pauperism, which the temporary con- 
tinuance of the State relief might permanently avert. I 
am aware, there is a sense in which it seems true that you 
can scarcely do one more harm than to help him ; and yet 
the duty of society imposes the utmost solicitude to assist 
those to help themselves who have lost their natural stay 
and staff in serving the common cause. 

But no public benefaction can supply the deepest want of 
all. The gentle and sympathizing offices of neighborly 



600 GOVERNOR'S ADDRESS. 

kindness and personal good will, alone can cheer the 
sorrowing heart of widowhood, encourage the sinking hopes 
and smootli the rugged way of orphanage. 

The Act for the relief of the families of volunteers includes 
among its beneficiaries the brothers and sisters, standing in 
need of aid, dependent on the volunteer at the time of his 
enlistment. But by an omission, apparently inadvertent, it 
does not include them in the class of dependent relatives, 
the expense of whose relief shall be reimbursed to the 
towns by the Commonwealth. 1 recommend an amendment 
supplying this omission. 

THE ORDNANCE BUREAU. 

I have already alluded to the change in the method of 
equipping our troops which has occurred within the year, 
the State having provided their original supplies in 1861, 
the United States in 1862, This was the case also with 
their armament. During the past year, tlie State received 
from England nearly six thousand Enfield rifled arms, 
being the remainder of the purchases made there by its 
agent in 1861. All of these, together with such other 
effective arms as it already held, were issued to its troops, 
but for the remaining arms necessary, it was obliged to draw 
upon the Federal Ordnance Bureau, from which there were 
received during the year, 8,100 Springfield, 2,700 Enfield, 
and 3,600 Austrian muskets, all rifled. Of the thirteen 
volunteer three years' infantry regiments, which marched 
from the State in 1862, one, (the Twenty-eighth,) received 
its arms in 1861, and two, (the Thirtieth and Thirty-first,) 
were furnished independently of the State Government. 
The remaining ten were armed, five with Springfield and 
five with Enfield rifled muskets. Of the seventeen regiments 
of nine months' infantry, four received Springfield rifles, 
five Enfield rifles, two Windsor rifles, four Austrian rifles, 
and two Springfield smooth-bored muskets. So far as the 
State Government was able to discriminate, it issued the 
superior arms to the regiments having the longest term of 
service ; but owing to the receipt of the arms from the 
United States by instalments proportioned to the progress 
of the recruitment, its discretion in this respect was incon- 
siderable. 

The State Arsenal is now almost empty of arms belonging 
to the Commonwealth. Less than a hundred rifles remain 
there, and hardly enough smooth-bored muskets to arm a 
single regiment. Of the fragments of oUr Yolunteer Militia, 



GOVERNOR'S ADDRESS. 601 

the Cadets of the First and Second Divisions, four companies 
of cavalry, one section of artillery and a single company of 
infantry alone remain ; and these are not all armed. In 
time of peace such destitution of military supplies would 
awake ai)prehension. In such a time as this, I can regard 
it only with the utmost anxiety. I have the honor, there- 
fore, to repeat earnestly the recommendation which I 
addressed to the Legislature of the last year, that contracts 
be immediately authorized for the supply to the State of not 
less than fifteen thousand stand of first-class arms, and that 
domestic industry and skill be employed for their manufac- 
ture. Our Springfield rifles are unquestionably superior to 
any of foreign make which can be imported at equal cost. 

In this connection I regret to be obliged again to allude 
to the abuse of arms issued to militia companies, and at the 
camps of rendezvous, more especially at those of the nine 
months' than of the three years' volunteers. The report of 
the Master of Ordnance will afford exact information con- 
cerning this grievance, which is important not only on 
account of its pecuniary consequence, but as indicating an 
inadequate standard of military discipline. And of even 
greater possible consequence is the fact that upon sudden 
emergency dependence must sometimes be placed upon the 
arms so abused. 

A new National Militia Law may reasonably be expected. 
Congress cannot long defer this duty. Meanwhile, this 
Commonwealth can by certain modifications of its own 
legislation, and by furnishing the needed arms and equip- 
ments, create an active body of troops adapted to all the 
purposes of a State militia. 

The reasonable security of the State demands a militia 
organization which shall include in addition to infantry, two 
regiments of cavalry and at least five batteries of light 
artillery, for whose arms and equipment I recommend that 
an ajipropriation be made. The park of field-pieces now 
owned by the State, would be inadequate for actual service, 
in view of the modern improvements in artillery. The 
larger part of this military material, when obtained, should 
remain on deposit in the arsenal ; and for the ordinary use 
of the infantry regiments of militia, for drill and parade, a 
number of second-class arms should be provided, which can 
readily be purchased on reasonable terms, the importation 
of them into the country during the past year having 
exceeded the demand for them for active service. 

Two unserviceable iron guns, six pounders, have been 
delivered by the ^Master of Ordnance, on consultation Avitli 



602 GOVERNOR'S ADDRESS. 

the Governor and Council, to Dr. Upbam, the Massachusetts 
urgeon in charge of the hospital at Beaufort, North Caro- 
lina, to be used as gateposts of a fence which he was erecting 
at his own expense, around the hospital cemetery where 
repose the remains of many of the soldiers of our Common- 
wealth, heroes of Roanoke and of Newborn. 

Since the summer of 1862, several of our volunteer corps, 
which reported that their colors had become unfit for use by 
being torn in battle and worn by the exposures of service, 
have been supplied by the Master of Ordnance with new 
flags, upon the return to his charge of those which they had 
borne so honorably through two campaigns. I respectfully 
ask an appropriation to cover the expense thus incurred, 
and of the replacement when needed, of the colors of all 
the Massachusetts troops. It is our proud satisfaction to 
know that never yet has the white standard of this Common- 
wealth been surrendered to the enemy. 

FOETIFICATIONS AND COAST DEFENCE. 

Under date of October 14th, 1861, a circular letter was 
addressed by the Federal Secretary of State to the Governors 
on the seaboard and the lakes, requesting them to submit 
to the Legislatures of their States the subject of coast 
defences, and urging that such defences should be perfected 
by a temporary use of the means of the States, on confer- 
ence with the Federal Government and with the assurance 
of reimbursement from the Federal Treasury. Tliese sug- 
gestions were immediately acted upon, especially by the 
Governments of Massachusetts and Maine, whose seaboard 
is more extensive and exposed than that of any others of the 
loyal States. Information was requested and partially 
obtained from tlie War Department to enable an estimate 
of tlie cost of completing and arming the fortifications 
projected for the Massachusetts coast ; and the subject was 
presented to Congress in the belief that the system to be 
pursued by the States in respect to the advance and employ- 
ment of their funds and the time and manner of reimburse- 
ment, should be defined by Federal legislation. No Federal 
legislation, however, was procured, although earnest appeals 
were made to the appropriate committees, the State. of Maine 
being represented before them by commissioners deputed 
for the purpose, and Massachusetts by the Governor, the 
Master of Ordnance, and a number of the most prominent 
merchants of her capital. Notwithstanding this inaction, 
the Legislature of Massachusetts, in February, adopted a 



GOVERNOR'S ADDRESS. 603 

Resolve authorizing the Governor, "with the advice of the 
Council, to enter into contracts to the amount of five 
hundred thousand dollars, for the manufacture of ordnance 
suitable for the defence of its coast, but with the restricting 
provisions that advertisement should be made for propoi-als 
for these contracts, and that the work should be done under 
the supervision of officers to be appointed by the Govern- 
ment of the United States. By an estimate based on the 
data procured from the War Department, and revised by 
consultation with such Federal ordnance-officers as were 
accessible, the cost of completing the armament of the 
Massachusetts coast, according to the project of the Engineer 
Bureau, was calculated at about twelve hundred and twenty 
thousand dollars for guns of the calibre of eight inches and 
upwards, after making allowance for all such ordnance 
which could be expected to be received from the Federal 
Government during the years 1862 and 1863 ; and the cost 
of the lesser calibres would swell the amount to much more 
than fifteen hundred thousand dollars. The legislative 
Resolve, therefore, had it been susceptible of execution, 
would have made provision for about one-third of this 
amount. Directly upon its passage application was made 
to the War Department for the detail of an ordnance officer 
to superintend the work ; but the request was declined from 
unwillingness to spare any such officer from strictly Federal 
service. While this application was yet undecided, the 
conflict occurred in Hampton. Roads between the Merrimack 
and Monitor ; the former theories of naval attack and coast 
defence were suddenly disturbed ; and a serious doubt was 
cast upon the stability of any projects of fortification or 
armament of our harbors. At this time my presence at 
Washington was officially requested by the Department of 
War, and I was there urged to propose to the Legislature 
to concentrate its expenditure upon the immediate construc- 
tion of iron-clad vessels for coast defence. The result was 
the passage of the Resolve of March 25th, authorizing the 
use of any portion of the sum provided for ordnance by 
the Resolve of February 14th, in building one or more iron- 
clad steamers for the protection of the coast of Massachu- 
setts. A committee of two members of the Executive 
Council, to wliom were added the President of the Boston 
Board of Trade, and an eminent civil engineer, was fortli- 
witli charged with the execution of this Resolve. The 
plans for such a vessel were in progress, and parties stood 
ready to contract for the construction, when a protest against 
the work was received from the Department of the Navy, 



604 GOVERNOR'S ADDRESS. 

alleging that that Department was willing to put " under 
construction in every part of the country, all that the 
utmost resources of the people could accomplish," and that 
it was " sorry to find a State entering the market in compe- 
tition with Government, the result of which could only 
injure both parties." To this the answer was returned that 
there were at least two mechanical establishments in Massa- 
chusetts capable of building such vessels immediately, but 
that it did not appear that Government had attempted to 
engage the services of either of them. The reply of the 
Navy Department was an offer to each of these establish- 
ments of a contract for building an iron-clad steamer ; and 
on the same day the War Department advised me that as 
the Department of the Navy desired to have exclusive 
control of the building of such vessels, it was " glad to 
have it do so," and withdrew its own desire that Massachu- 
setts should proceed further in the enterprise. Almost 
simultaneously the Ordnance Bureau of the War Depart- 
ment replied to my inquiries, that it had " engaged to the 
full extent of their capacity all the foundries which are 
known to be prepared to cast suitable and reliable heavy 
cannon " " for arming the fortifications on the coasts," and 
that it was " not thought that any aid from the State 
Legislature is necessary to expedite the work." A renewed 
application to the Department for the detail of an ordnance 
officer in accordance with the Resolve of February 14th, 
was now again refused ; and by this refusal that Resolve 
seemed to be practically annulled, for the result of the 
conflict between the Merrimack and Monitor had rendered 
the advertisement for proposals for any armament, unless 
of very large calibre, of at least doubtful expediency, and 
the want of a proper officer to frame the proposals and 
superintend the work rendered it impossible to execute the 
provisions of the Resolve. Nevertheless, the fact remained 
that our harbors were comparatively defenceless ; and yet 
so far as could be inferred from the letter of that Cabinet 
Minister who was the exponent of the foreign policy of the 
nation, there was need that they should be instantly armed, 
and by the States. But while the reports of the Engineer 
Bureau showed that it was of more importance to arm the 
land batteries which were ready to receive their cannon, 
than to throw up new works, those of the Ordnance Bureau 
further sliowed that all the foundries in the country which 
were capable of casting suitable ordnance, were engaged to 
the full extent of their capacity ; and the protest of the 
Navy Department had prevented the construction by us of 



GOVERNOR'S ADDRESS. 605 

floating batteries for harbor dcfciico. It became evident, 
therelore, that tlie only mode for tlie State to supply its 
needs, would be by inducing established foundries to greatly 
enlarge tboir works, or new parties to build new foundries ; 
for the proposition urged upon Congress for the establisli- 
ment of a great National Foundry bad failed, from causes 
to which it is needless to allude. In pursuing inquiries in 
this direction, it was believed that Professor Treadwell, and 
gentlemen with whom he was associated, could be induced 
to build immediately new and extensive works to make the 
ordnance which bears his name, provided that a contract 
could be entered into with the State, to an amount sufficient 
to justify the large investment of private capital which would 
be required. I at once submitted to an able commission, ■ 
consisting of the Master of Ordnance, an officer of ray 
personal staff, and two distinguished civil engineers, the 
question of the ascertained or probable merits of the Tread- 
well gun, especially with regard to the attack or defence of 
iron-clad batteries, and to its capacity to penetrate iron 
plates with solid shot, and also the question of the feasibility 
and advantages, or otherwise, of an attempt to supply in 
part by its manufacture, our deficiency of ordnance. Their 
report was unanimous in favor of, the merits of the gun, 
and recommended that the State should enter into a contract 
for one hundred rifled hundred-pounders of that pattern, and 
make such an appropriation as would enable the construction 
of a greater number, if their early success should render 
such an increase desirable. On his part Professor Treadwell, 
with responsible associates, was ready to engage to establish 
a foundry which should deliver ten of these hundred guns 
within six months, and the remainder within eighteen 
months. The report of this committee, together with all 
the communications from the Bureaus of the War Depart- 
ment, and other documents illustrative of the subject and 
of the difiiculties which hampered action under existing 
legislation, were laid l)y me before the Joint Committee of 
the General Court on Federal Relations. The committee, 
on April 2-lth, reported a Resolve free from the provisions 
which were impracticable of execution in that of February 
14th. This Resolve was adopted by the House of Represen- 
tatives without a division, and received its several readings 
in the Senate, where on its passage to be enacted, during 
the last night of the session, it was defeated by a single 
vote, the opposition to it proceeding in large part from sena- 
tors representing seaboard counties ; a result exhibiting a 
sense of security from danger. 

39 



606 GOVERNOR'S ADDRESS. 

Constantly mindful of the vast interest involved in the 
whole subject of coast defences, I have continued corres- 
pondence with the appropriate bureaus of the Departments 
of War and the Navy ; and am prepared to exhibit to a 
committee of the General Court their latest conclusions, 
with the facts on which they rest, both as contained in 
unpublished documents and in private though official 
communications. 

HARBORS AND FLATS. 

By a Resolve of the last General Court a commission was 
established upon the Harbors and Flats of the Common- 
wealth, with directions to report to the Legislature by the 
fifteenth day of the present month. I am advised that 
probably no report embracing any system for the care and 
preservation of the harbors, and the use and disposal of 
flats, belonging to the Commonwealth, can be made during 
the current session. But it is believed that during the 
approaching spring, the Commissioners will be enabled to 
receive opinions and information from the officers of the 
United States Coast Survey, resulting from their recent and 
exliaustive examinations, without which it would be unsafe 
to venture to mature any of the plans contemplated in the 
constitution of the commission. I take the liberty to urge 
again the views I had the honor to suggest in this place a 
year ago, in reference to the proprietary and commercial 
rights and interests of the Commonwealth, involved in the 
intelligent, scientific and systematic care and disposition of 
our principal harbors and their flats. 

Cared for by the State as a prudent owner would guard 
his own property, I believe the flats in Boston Harbor may 
be ultimately made the source of a vast fund in money, 
and of great benefits to the commercial prosperity of Mas- 
sachusetts, and that shore owners holding water fronts now 
of little value, may, by uniting with the Commonwealth in 
a common purpose for the improvement of all, reap a 
common advantage, and the taxable wealth of the city and 
State derive a large addition. Harbors are, in a just sense, 
a property held in sacred trust for the commerce of all 
nations and to promote the civilization of mankind. They 
ought to be protected by the Government with sleepless and 
jealous vigilance. 

THE TROY AND GREENFIELD RAILROAD. 

The Act of the last General Court, (Acts of 1862, 
chapter 156,) " providing for the more speedy completion 



I 



GOVERNOR'S ADDRESS. 607 

of the Troy and Greenfield Railroad and Uoosac Tunnel," 
directed the appointment of " three able, impartial and 
skilful Commissioners to investigate the subject of finishing 
the Tro}' and Greenfield Railroad and of tunnelling the 
Hoosac ^[ountain, whose duty it shall be to re{)ort to the 
Governor and Council what, in their judgment, will be the 
most economical, practical and advantageous method of 
completing said tunnel and road, 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 pro')able 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 deter- 
mining the best method of securing a continuous railroad 
communication between Troy and Greenfield." Certain 
other powers and duties were conferred on the Commis- 
sioners, in part preliminary, and in part subsequent, in 
their operation, to the rendering of their report to the 
Governor and Council. Under this Act three gentlemen 
were appointed, each one of whom was carefully selected 
as being, in the words of the Act, at once " able^ impartial 
and skilful.''' They entered forthwith upon tlie perform- 
ance of their task and have pursued it constantly with the 
aid of engineers of the first distinction, one of whom has 
visited and explored all the great railway tunnels of Europe 
and collected all the knowledge attainable there tending to 
illustrate the questions of science and experience submitted 
by the law to the Commission. An elaborate report has 
been prepared by this gentleman and is in the hands of the 
Commissioners, under whose direction the drawings con- 
nected with it are being reduced for convenience in printing. 
A similar report from another engineer of large experience 
in construction of tunnels in this country, has also been 
prepared for the board. 

The report of the Commissioners to the Governor and 
Council is not yet made, but it is understood to be in rapid 
preparation. 1 am unable, therefore, to communicate to 
the Legislature, at the beginning of its present session, so 
fully as I had hoped, on the subject of this important and 
interesting enterprise of establishing a new avenue for our 
trade with the West, piercing the Green Mountain range, 
and opening up to greater activity the economical resources 
of our Northern tier of towns. I trust that the conclusions 
and reasoning of the Commissioners, when published, will 



608 GOVERNOR'S ADDRESS. 

settle conflicting opinions in the minds of the people, and, 
if favorable to the active pursuit of the enterprise, that its 
prosecution will enjoy an unanimous support. The work 
can be pursued relieved from all factitious embarrassments, 
and contracts can be made by those in the sole interest of 
the Commonwealth, superintended by citizens of the highest 
experience and capacity. 

BANKING AND CURRENCY. 

Tiie report of the Bank Commissioners will exhibit the 
condition of our banking institutions. I repeat my former 
suggestions that radical changes in our financial system 
should be adopted with great caution. 

The Secretary of the Treasury in his recent able report 
on the financial affairs of the nation, recommends to Con- 
gress the creation of a national system of banking which, 
if carried out, may interfere with our own, and may deprive 
the Commonwealth of a large income now derived from the 
tax on banking capital. The Secretary's plan is to authorize 
free banking, .to be based on a deposit of national bonds. 
This course, he suggests, will create a demand for govern- 
ment securities ; will furnish a perfectly safe, convenient 
and uniform currency ; will check the circulation of bills of 
unsafe banks ; and greatly tend to strengthen the Union of 
the States. It is believed by some that if this system should 
be authorized, many of our banks would fall into it, while 
others equally well informed believe that most of them 
would continue to act under their present charters. The 
Secretary proposes no coercive measures except a slight tax 
on the circulation of the old banks. While this tax might 
be injurious to the country institutions which derive a large 
profit from their circulation, its effect on those in the 
large cities would be light, for there the circulation is 
unimportant. 

Moneyed corporations are naturally cautious in their 
movements, and are inclined to hesitate and deliberate much 
before adopting new methods. But whatever may be the 
operation of the Secretary's system on the New England 
banks, there can be no doubt of its great usefulness to the 
West, where an abundant and safe currency has never 
existed, and thus indirectly the whole country will derive 
a benefit proportional to the advantages of a national 
currency, simple, uniform and of unquestionable value. 
Should Congress adopt the system proposed, securing to the 
United States some part of the profit derivable from the 



GOVERNOR'S ADDRESS. 609 

issue of paper money, while it would probably compel 
Massachusetts to al)andon the revenue received from its tax 
on the banking capital of the Commonwealth, it would at 
the same time relieve the people from their liability to other 
taxation for the support of the National Government and the 
payment of its debts, to an extent equivalent to the revenue 
realized to the Treasury of the United States from that 
source. And should the measure be adopted, it is ques- 
tioned even by some of its supporters whether the prosperity 
of our country banks would, after all, be permanently in- 
jured. But, much as I should regret to see any proper 
investment in the Commonwealth rendered unproductive by 
legislation, that regret would be tempered by the consider- 
ation that the same capital would never need to be inactive, 
whenever and wheresoever safe business should present itself 
to the enterprise of industry and skill, while whenever or 
wherever such business opportunities do not present them- 
selves, the loans of banks are of necessity less profitable 
and secure. Nor can it be doubtful that the substantial 
pecuniary advantage of New England business interests de- 
mands the nationalization of the currency, so that the paper 
representative of a dollar shall be alike valuable in Boston 
and in Chicago, and the indebtedness of the West to the 
East find at all times a medium of adjustment, and the 
trade between the two sections of the Northern States flow 
unimpeded by oppressive and ruinous rates of exchange. 

PLEURO-PNEUMONIA. 

Under the Act of February, 1862, three Commissioners 
were appointed on contagious diseases of cattle — one a vet- 
erinary surgeon, one a doctor of medicine, and the third a 
member of the executive council, all being of some agricul- 
tural experience. They were immediately called by the 
selectmen of Milton to investigate cases of disease among 
neat cattle which had broken out there and was creating 
alarm. The animals were carefully examined and found to 
be infected by pleuro-pueumonia. The Commissioners or- 
dered the entire isolation of all herds of cattle in the counties 
of Norfolk, Suffolk, Plymouth, and Worcester, which could, 
by any possibility, have come into contact with any of the 
infected animals. One hundred and fifty-four animals have 
died or have been killed by order of the Commissioners, of 
which number seventy-seven, or just one-half, were found 
diseased, and in every case but one, contact has been proved. 



610 GOVERNOR'S ADDRESS. 

The Commissioners are satisfied that the disease is never 
generated from local causes ; that it is altogether an 
imported disease ; that it is generally communicated by 
contact of breath ; that it cannot be eradicated by treat- 
ment ; that those cattle which have apparently recovered 
are really the most to be feared, from the danger of 
relapse ; and that, by care, the disease may be prevented 
from extending from one herd to another. The expenses of 
tlie Commission, as nearly as can now be estimated, are 
about $5,700. The appropriation being but $5,000, there 
will be a deficiency to be supplied by legislation. The 
disease is apparently extinguished, and has now no visible 
foothold in the Commonwealth. The ease and celerity of 
its eradication by prompt treatment on its re-appearance 
last year, removes all apprehension that it may hereafter 
become unmanageable, unless precautionary measures, 
when needed, shall be too long delayed. 

FARMING. 

The cultivated crops of the farm, the last year, were 
usually quite up to the average production, while fruits of 
nearly every description were more than ever abundant. 

The increasing attention paid to sheep husbandry promises 
to lead to important and satisfactory results. It is for the 
interest of the several towns to encourage the keeping of 
sheep by a more rigid enforcement of the law enacted for 
their protection. By the returns from twD hundred and 
ninety-seven towns it appears that the number of dogs 
licensed in those' towns in 1862 was twenty thousand nine 
hundred and fifty-two, for which the amount paid was 
$22,630.20. The estimated number in those towns unli- 
censed, was twelve thousand five hundred and thirteen. 
I recommend the adoption of adequate penalties to enforce 
the law. Apart from the mere question of cheap produc- 
tion of wool, the experience of the most advanced agricul- 
tural nations, like England, Germany and France, goes to 
show that sheep are a necessity of a good general system of 
husbandry, on even the highest-priced lands, and amid the 
densest population. Yet the number of sheep has for many 
years constantly decreased in this Commonwealth, until 
within the last two years. Thus in 1840 there were three 
Imndred seventy-eight thousand two hundred twenty-six, 
by the census of the United States ; while in 1860 they had 
diminished to one hundred and fourteen thousand eight 
hundred twenty-nine, and the production of wool from one 



! 



GOVERNOR'S ADDRESS. Gil 

million sixteen thousand two hundred thirty pounds in 
1845, to three hundred seventj-threc thousand seven hun- 
dred eighty-nine pounds in 1800, although meanwhile, the 
number of neat cattle and horses had largely increased, so 
that the gross value of live stock, which in 1850 was 
89,047,700, had, in 1860, become ^12,737,444, notwith- 
standing the constantly growing claims of manufactures 
and the mechanic arts upon the industry of our people. 

The Secretary of the State Board of Agriculture spent 
several months of the summer and autumn in Europe, 
where he had unusual facilities for the study and observa- 
tion of the agriculture of the old world. Some account of 
his observations will be presented in his Report to the 
Legislature. 

PUBLIC SCHOOLS. 

Of all our public institutions, those devoted to popular 
education are the source of the most unmingled satisfaction 
and pride. It swells one's heart to feci that, in the midst 
of a war, in which for very national existence this people is 
contending on land and sea, the humblest child in Massa- 
chusetts may daily find an open door and an outstretched 
hand of welcome to all the uses and the delights of learning. 
The rebellion itself would have been impossible had a system 
of Free Schools pervaded the Union ; for they would have 
lifted the people of the rebel States above the chance of those 
delusions, fed by ambitious, jealous, and despotic men, to 
whose wiles popular ignorance left them victims. 

The average attendance of the teachers of Massachusetts 
at their Institutes, is reported to be larger by twenty during 
the last twelve months than in any former one of the seven- 
teen years they have been held. The interest exhibited by 
the people in educational meetings has never been greater. 
The number of students in our Normal Schools and Colleges 
is believed to be diminished only by enlistments in the army 
of the Union. And there they have lavished a contribution 
of devoted patriotism, not merely on field and line, but on 
rank and file, illumined by intellect, and graced by culture.* 

* The alumni and undergraduates of our colleges occupy every rank in 
the service, from those of General and Admiral, through every grade, 
including Surgeons and Chaplains, down to those of privates and seamen. 

Harvard College has sent into the field four hundred and thirty of her 
sons, more than seventeen per cent, of the whole number of her living 
alumni ; Amlierst, of her undergraduates and graduates of tlie last five 
years, has sent one hundred and fifty-nine, how many of earlier classes 
cannot now be ascertained ; and Williams College, as nearly as can be 



G12 GOVERNOR'S ADDRESS. 

Our Common Schools are the distributors of those gifts of 
learning, of wliich the higher institutions of literature and 
science are the reservoirs. Every intelligent laborer helps 
to weave, with cunning hand, into the warp and woof of all 
the wealth and uses of mankind the sublimest thought and 
the marvellous divinations of thinkers, discoverers and 
inventors. For happiness, for honor, for wealth and 
strength, as well as for duty, let us invest a generous por- 
tion of the inheritance in the undecaying riches of the 
intellect. 

The policy of emancipation is the discovery of a new 
world. It will open fields of effort for every variety of gift. 
The untutored labor, the wasteful husbandry, the unskilful 
mechanism, the mines unwrought, the waterfalls untamed, 
and all their boundless possibilities of development, invite 
your sons. A task is before them they cannot abandon, a 
destiny they cannot avert, a power no policy can dwarf, an 
achievement such as no history has ever written. Let nar- 
row partisans contrive a Union from which New England is 
rejected, if they will ; — the Free Schools of New England 
will span the moat and scale the wall. And whenever in 
peace or war, in arts or arms, is sought the help of, men in 
whose hearts courage is made strong by faith, whose think- 
ing, scheming and fruitful brains are guides to untiring 
hands instructed in every art of ingenious civilization, — the 
graduates of your nurseries of learning will answer to the 
call, freer and stronger than the wind that floats your flag, 
in that mysterious power, of which Minerva, leaping full 
armed from the brain of Jove, is the type to the reason of 
philosophers, as well as to the dream of poets. 

SCHOOL OF AGRICULTURE AND THE ARTS. — UNIVERSITY SYSTEM. 

At the last session of Congress an Act was passed (chap- 
ter 130 of Acts of the 37th Congress, 1st session,) granting 
to each of the several States a portion of the public domain 
*^' to the endowment, support and maintenance of at least 
one College, where the leading object shall be, without 
excluding other scientific and classical studies, and includ- 
ing military tactics, to teach such branches of learning as 
are related to agriculture and the mechanic arts in such 
manner as the Legislatures of the States may respectively 

learned, has given one hundred and eleven of her graduates and under- 
graduates to the army of the United States. 

Tliirty undergraduates of the Normal Schools are also in the service of 
the Union. 



GOVERNOR'S ADDRESS. 913 

prescribe, in order to promote the liberal and practical edu- 
cation of the industrial classes in the several pursuits and 
professions in life." The apportionment to each State is 
" in quantity equal to 30,000 acres of land for each senator 
and representative in Congress to which the States are 
respectively entitled by the apportionment under the census 
oflSGO." 

The Act provides that the land, aforesaid, after being 
surveyed, shall be apportioned to the several States in sec- 
tions or subdivisions of sections, not less than one-quarter of 
a section ; and whenever there are public lands in a State 
subject to sale at private entry at one dollar and twenty-five 
cents per acre, the quantity to which said State shall be 
entitled sliall be selected from such lands within the limits 
of such State ; and the Secretary of the Interior is directed 
to issue to each of the States in which there is not the quan- 
tity of public lands subject to sale at private entry at one 
dollar and twenty-five cents per acre, to which said State 
may be entitled under the provisions of the Act, land scrip 
to the amount in acres for the deficiency of its distributive 
share ; said scrip to be sold by said State and the proceeds 
thereof applied to the uses and purposes prescribed in the 
Act, and for no other uses and purposes whatsoever ; and it 
further provides that in no case sliall any State to which 
land scrip may be thus issued, be allowed to locate the same 
within the limits of any other State, or of any territory of 
the United States, but its assignees may locate said land 
scrip upon any of the unappropriated lands of the United 
States subject to sale at private entry at one dollar and 
twenty-five cents per acre. 

By the provisions of the Act, it is made incumbent upon 
every State which desires to avail itself of its benefits, to 
express its acceptance of the conditions prescribed, within 
two years from the date of its passage ; that is, prior to July 
2, 1864. And it is also required that any State which may 
claim and take the benefit of the provisions of the Act shall 
establish at least one College within five years, " where the 
leading oI)ject shall be to teach such branches of learning as 
are related to agriculture and the mechanic arts." But 
" no portion of said fund, nor the interest thereon, shall be 
applied, directly or indirectly, under any pretence whatever, 
to the purchase, erection, preservation or repair of any 
building or buildings." 

The last will aud testament of the late Benjamin Bussey 
devises a large property and estate in trust to the President 
and Fellows of Harvard College, " as a permanent, public, 

40 



614 GOVERNOR'S ADDRESS. 

corporate body, especially charged with the care and super- 
intendence of the higher branches of education." It directs 
his homestead estate called " Woodland Hill," in Roxbury, 
consisting of over two hundred acres of land, to be retained 
by the trustees, and, " that they will establish there a course 
of instruction in practical agriculture, in useful and orna- 
mental gardening, in botany, and in such other branches of 
natural science as may tend to promote a knowledge of 
practical agriculture, and the various arts subservient 
thereto, and connected therewith, and cause such courses of 
lectures to be delivered there, at such seasons of the year, 
and under such regulations as they may think best adapted 
to promote the ends designed ; and also to furnish gratui- 
tous aid if they shall think it expedient, to such meritorious 
persons as may resort there for instruction; " the institution 
so established to be called the " Bussey Institution." 

The will appropriates one-half of the net income of the 
whole trust property other than Woodland Hill, " to the 
support of said institution, and of such branches of instruc- 
tion in the physical sciences, there or at Harvard College, 
as are subservient thereto, and connected with the great 
objects of said institution." 

Agricultural societies, professorships, and instruction in 
the schools of Europe, originated about one hundred years 
ago ; but the first attempt to actualize the conception of 
scientific agriculture practically taught and illustrated in 
educational institutions, was made, in Germany, at the 
beginning of the present century by Thaer, a Doctor of 
Medicine, in his native town of Zell, in Hanover. His 
school was broken up by the French invasion in 1803. But 
in 1806, under the patronage of the King of Prussia, he 
founded an Agricultural School, with a model farm of four 
hundred acres, about twenty miles from Berlin, where he 
remained until his death in 1828. In his treatise on the 
principles of Agriculture (in 1809), he urges the necessity 
of a knowledge of botany, zoology and chemistry, and other 
sciences, in order to a complete comprehension and cultiva- 
tion of practical farming ; and concludes that " it is then 
evident that Agriculture ought to borroio from every science 
the principles ivhich she employs as the foundation of her 
owny 

Pestalozzi originated in Switzerland contemporaneously 
with the labors of Thaer in Germany, his industrial or 
manual labor schools, near Berne. 

Twenty-two years have elapsed since Liebig, combining 
the results of his own original researches and investigations 



GOVERNOR'S ADDRESS. 615 

with the jmblishcd knowledge of his time, printed his work 
upon " Chemistry in relation to Ai^riculturc and Pht/si- 
olog-//" which, immediately assuming a place in universal 
scientific literature, was soon read in all languages and 
excited a new spirit of inquiry and experiment among agri- 
culturists and chemists in Europe and in America. The 
impulse given to agricultural education by the revelations of 
this ma^tcr of science, was immediate. And there are now 
colleges, high schools, elementary agricultural schools for 
the peasantry, all over Europe, from Ireland to Russia, and 
a large number of professorships of agriculture in different 
universities. 

Many States of the American Union, have already set on 
foot measures for the promotion of agricultural schools and 
colleges. Michigan provided for such a college in her State 
Constitution. One has been established in each of the 
States of New York, Iowa and Minnesota. But neither of 
these is now open. An Agricultural College has been estab- 
lished in Maryland, and is in operation. An embryo institu- 
tion, under private enterprise, exists in Illinois; so also does 
another, in the State of Ohio. The course of instruction in 
the three last alluded to, does not essentially depart from 
that usual in ordinary colleges. The Agricultural College 
of Pennsylvania is the largest and most prosperous of this 
class of institutions of whose existence in this country I have 
any knowledge. Its course of study involves a period of 
four years, and includes mathematics, natural philosophy, 
chemistry, botany, geology, paleontology, mineralogy, 
chrystallography, and practical agriculture and horticul- 
ture. A " partial scientific and practical course " is 
established for the benefit of those students desiring to 
pursue the other studies of the full course, omitting the 
iiigher mathematics. 

Evidence of the intelligent interest of our own Common- 
wealth in this direction is found in the Resolves of 1850, the 
reports of the commissioners the next year, (embodying 
that of Professor Hitchcock which is to be hereafter alluded 
to,) and the establishment of the State Board of Agricul- 
ture. It is also exhibited in the charter of the Massachu- 
setts Institute of Technology, incorporated the lOtli of 
April, 1861, " for the purpose of instituting and maintain- 
ing a society of arts, a museum of arts, and a school of 
industrial science, and aiding generally, by suitable means, 
the advancement, development and practical application of 
science, in connection with arts, agriculture, manufactures 
and commerce." 



616 GOVERNOR'S ADDRESS. 

The conjunction of these dedications of public funds and 
private charity to scientific and practical education seems 
fortunate and auspicious. The main design of both is the 
same. There are suggestions in each which afford signifi- 
cant hints for our instruction. Combining all the opportu- 
nities they propose, an enterprise becomes possible in Massa- 
chusetts, grander than either. 

This Congressional grant is exposed to the danger of 
being divided in each State among several unimportant 
seminaries, instead of being concentrated on one institution 
of commanding influence and efficiency. An institution 
requiring "military tactics," and "such branches of learn- 
ing as are related to agriculture and the mechanic arts," to 
be taught " without excluding other scientific and classical 
studies," must of necessity, to be worthy of Massachusetts, 
involve large expenditures, and demand an assemblage of 
men of the highest talents as teachers. For although agri- 
culture was the first art invented, it must be the last to be 
brought to perfection, since it requires contributions from 
every branch of natural science, and aid from every other 
art. We shall not use the grant of Congress wisely, if we 
make of it simply a means of giving farmers' sons such an 
education as they could obtain by living on a well-managed 
farm and attending an ordinary high school. It must be 
made the means of a positive increase of human knowledge 
in the departments bearing on agriculture and manufac- 
tures, and the medium of teaching not only farmers, but 
those who shall become teachers and improvers of the art of 
farming. 

Such an institution should have ample lands for experi- 
mental purposes, and even on a moderate scale of complete- 
ness should embrace the following distinct professorships : 

1. Mathematics pure, and applied to Surveying, Level- 
ling, &c. 

2. Drawing and Design. 

3. General Physics and Meteorology. 

4. Mechanics and Engineering, especially as applied to 
agricultural machinery and processes, to rural architecture, 
road making, &c. 

6. General and Agricultural Chemistry. 

6. Chemical Analysis, especially as applied to soils, 
manures and products. 

7. Botany and Vegetable Physiology. 

8. Zoology and Animal Physiology, including breeding of 
animals, their diseases and treatment. 

9. Geology and Mineralogy. 



GOVERNOR'S ADDRESS. 617 

10, Practical Husbandry, with superintendence of model 
farms. 

In many of these departments one or more assistants, 
or suh-protessors, would be necessary, and the whole corps 
of instructors could hardly fall short of twenty. 

The " Central School of Arts and Manufactures," in 
France, counts forty professors and teachers. " Tiie Con- 
servatory of Arts and Trades " has a number not inferior, 
and lias also three subordinate, or auxiliary, colleges in the 
Provinces. The "Polytechnic Scliool of Vienna" has fifty- 
eitrht instructors. 

The excellent and elaborate report of Professor Hitch- 
cock, printed in 1851 witli our legislative documents of that 
year [House Doc. No. 13,] comprising the results of his 
learned researches and survey of the agricultural institu- 
tions of Europe, assigns six professors, as " the smallest 
number of professors with which an institution could be 
respectable and useful, even at Us commencement. The 
number is much less than it is at nearly all the higher 
agricultural seminaries in Europe. There it ranges from 
eight to twenty." The following pregnant suggestion, look- 
ing forward to an institution of wise and liberal breadth and 
of true public economy, like that which the language of our 
Act of Congress indicates, illustrates t!ie comju'ehonsive- 
ness as well as the carefulness in observation, of this report: 
" By the addition of a single professorship of technology to 
such an institution as has been described, and extending 
the collection of instruments to those of every art, this 
school might become a school of sciences, as well as of 
commerce and manufactures, and thus afford an education 
to the son of the mechanic and merchant, as well as the 
farmer." 

The time of each of these professors need not be exclu- 
sively devoted to the school, but a thorough exhibition of 
the sciences in their relations to mechanics and agriculture 
is impossible without the aid of men of the highest talents, 
each giving himself specially to one of the departments of 
science ; besides the aid of men of high ac(]uirements 
taking charge of the practical departments enumerated. 

Such men, masters in these departments, are rare, or, if 
found, are already l)ound by various obligations to other 
objects or other institutions. If our Commonwealth is to 
retain her wonted ])lace in noble works, we must seize, at 
the earliest opportunity, upon as many men of this charac- 
ter as may be found in the country, and at once organize 
our institution, to be a model for other States that may 



618 GOVERNOR'S ADDRESS. 

avail themselves of the grant from Congress. Not only a 
laudable State pride demands this, but the highest consider- 
ations of patriotism and philanthropy demand it. 

The Act of Congress does not make provision sufficient 
for an Agricultural School of the highest class in each 
State. Nor would it be possible now to find, disconnected 
from our colleges and universities, as many men of high 
talent, and otherwise competent, as would be required to 
fill the chairs of one such school. But Massachusetts 
already has, in the projected Bussey Institution, an agricul- 
tural school, founded, though not yet in operation, with a 
large endowment, connected also with Harvard College and 
the Lawrence Scientific School. She can therefore, by 
securing the grant from Congress, combining with the 
Institute of Technology and the Zoological Museum, and 
working in harmony with the College, secure also for the 
agricultural student for whom she thus provides, not only 
the benefits of the national appropriation, but of the Bussey 
Institution and the means and instrumentalities of the 
Institute of Technology, as well as those accumulated at 
Cambridge. The benefits to our State, and to our country, 
and to mankind, which can be obtained by this co-operation, 
are of the highest character, and can be obtained in no 
other way. The details of the connection of the Bussey 
Institution with the Scientific School and the College, are 
not yet fully wrought out ; but I apprehend that little diffi- 
culty would be found in connecting it also with the grant 
from Congress, if the gentlemen who may be intrusted by 
the State with the work, will approach it with the percep- 
tion of the absolute necessity for husbanding our materials, 
both men and money, and concentrating all our efforts upon 
making an institution worthy of our age and of our people. 
Its summit miist reach the highest level of modern science, 
and its heads must be those whom men will recognize as 
capable of planning a great work, and of working out a 
great plan. 

The fifth chapter of the Constitution of Massachusetts, 
celebrates the wisdom of our ancestors, who " so early as 
the year 1636, 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 qualify them for public employments both 
in Church and State," reciting that " 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 



GOVERNOR'S ADDRESS. 619 

America," And it declares that it "shall be the duty of 
Legislatures and ^fagistrates, in all future periods of this 
Comuionwcalth, to cherish the interests of literature and 
tlie sciences, and all seminaries of them ; especially the 
University at Cambridge, public schools, and grammar 
schools in the towns ; to encourage private societies, and 
public institutions, rewards and immunities for the promo- 
tion of agriculture, arts, sciences, commerce, trades, manu- 
factures and a natural history of the country." 

I venture the opinion that the advantages presented by 
the various institutions which now cluster around the 
College, may be so combined with other institutions as to 
realize more fully in actual experiment the true idea of a 
University. I cannot doubt that the people of the Com- 
monwealth have a right to those benefits ; the prevention of 
all the waste of means, the weakening of resources, the 
repetitions of professorsiiips, libraries, apparatus and other 
material, consequent on scattering instead of concentration. 
Model farms, and experimental culture in all the varieties 
of soil our lands present, as the wise and expert may here- 
after advise, and also branches or subordinate schools, are 
not to be discouraged. Neither are the schools and colleges 
for academic study already provided or contemplated, nor 
any gifts or grants thereto, to be less favored in the future. 
Nor does unity of plan and co-operation in method, of 
necessity imply confinement of all the departments of an 
institution to one place. The object should be to centralize 
and economize means and power, while distributing and 
popularizing education and its fruits. 

But, in order to fulfil the highest functions of a University 
adapted to the wants and development of modern society, to 
an intellectual and free people, its professorships, libraries 
and apparatus should be so combined and distributed as to 
include the faculties of Divinity, of Law, of Medicine, of 
Military instruction, of Letters and Natural Science, all of 
them organized and represented in their highest perfection. 
The faculty of Divinity should have, as its basis, a strong 
corps of scholars versed in Hebrew literature and history, 
in ecclesiastic history, and in dogmatic theology, admitting 
as professors members of every church competent to teach. 
Tiie teaching of the law school should include the civil law, 
comparative jurisprudence, political economy and diplomacy. 
The faculty of letters should combine the deepest scholars in 
ancient literature, including Sanscrit, and the other Oriental 
languages, as well as Greek and Latin ; and in the antiqui- 
ties proper, history in all its ramifications, the modern 



620 GOVERNOR'S ADDRESS. 

languages and their literature, philosophy in all its branches 
with its history. For the faculties of medicine and of natu- 
ral sciences, should be combined mathematicians, astrono- 
mers, physicists, chemists, mineralogists, botanists, zoologists, 
geologists, devoting themselves chiefly to the scientific pur- 
suit of their study ; and also men distinguished for their 
eminence in the application of the sciences to the useful 
arts, civil engineers, architects, mining engineers, military 
engineers, and agriculturists. 

That we should continue to build on the foundation our 
fathers laid, endeavoring to make actual in the life of our 
society their ideal, I religiously believe. Let us plan to 
concentrate here the "gladsome light" of universal science. 
Let learning be illustrated by her most brilliant luminaries, 
and let the claims of every science be vindicated by its 
bravest champion. Two-thirds of an amount equal to the 
Slim we annually, and wisely, expend in public and private 
instruction, would found professorships and furnish the fund 
which would give to Massachusetts a University worthy the 
dream of the fathers, the history of the State, and the 
capacity of her people. 

The territory of Massachusetts comprises you know an 
area of 7,800 square miles, with a population in 1860 of 
1,231,065, or 151-^q\ to the square mile. Massachusetts is 
tlie tenth in area of the old thirteen States. Of the thirty- 
three States considered in the census of 1860, she is in area 
the thirtieth. But notwithstanding the immense emigration 
from East to West, Massachusetts, which in 1790 was the 
fourth State in population, was still the seventh in 1860, 
her population being by the sqviare mile the densest, and in 
absolute increase by the square mile the largest. The value 
of her products by the census of that year was $283,000,000, 
or $229.88 for each person in the Commonwealth, not 
including the product of navigation. By our last year 
returns, the capital invested in her one hundred and eighty- 
three banking companies was $37,544,200 ; the deposits in 
her ninety-three institutions for savings amounted to 
$50,403,674.23, and were made by 248,700 depositors. The 
tonnage of vessels entered and cleared at her ports the last 
year was 1,691,336 tons, and the total of her foreign imports 
and exports was $61,972,580. The capital invested by 
Massachusetts in her railways whose motive power is steam, 
excluding many millions of her capital tlius invested in 
other States, is $63,272,801.71. The aggregate length of 
these roads is one thousand five hundred and thirty-one 
miles : of whicli three hundred and forty-three miles are 



GOVERNOR'S ADDRESS. 621 

laid with double track. Their total income for the year 
1861, was 8i»,01G,140.12. They divided GyY^ per cent, to 
their stockholders ; leaving on hand an aggregate surplus 
of 83,502,290.48. The product of the capital and industry- 
devoted to six branches of manufactures, namely, of agri- 
cultural implements, sawed and planed lumber, cotton and 
woollen goods, leather, and boots and shoes, which in 1850 
amounted to ir;6G,323,242, in 18G0 reached 1^116,499,391 ; 
and the farms of Massachusetts, appreciated by the demand 
for agricultural products created to supply her army of 
artisans, rose in value during the same ten years from 
8109,076,347 to 8122,645,221. 

Side by side with this economical prosperity stands the 
diminution of pauperism and crime. The number of per- 
sons supported in the State Almshouses and Rainsford 
Island Hospital was less in 1862 than it was in any but one 
of the last five years, and was seventeen and one-half per 
cent, less than the number in 1861. The expense of these 
institutions was less in 1862 than in any year but one since 
they were opened (in 1854,) being 8122,783.53, which is 
812,220.86 less than their expense in 1861. The whole 
number of persons committed to our Jails and Houses of 
Correction in 1858 was fourteen thousand five hundred 
ninety-nine ; the number in 1862 was but nine thousand 
seven hundred and five. The expense of the Jails and 
Houses of Correction in 1858 was 8222,721.77; but in 1862, 
it had fallen to 8182,006.63, 

The entire value of the real and personal property of the 
State in 1860, as shown by the Report of the Valuation 
Committee of the Legislature, was 8897,795,326 ; and the 
profits of her industry, as shown by the products of the 
year, were thirty-three per cent, upon her valuation. She 
printed books to the value of 8397,500 ; her periodical liter- 
ature and newspapers numbered two hundred and twenty- 
two different publications, disseminating more than one 
hundred million copies of their several issues. By the last 
returns we had four thousand six hundred and five public 
schools, attended in the winter of 1862, by two hundred and 
twenty-seven thousand three hundred and nineteen scholars, 
with a mean average attendance, during the school year, of 
one hundred and seventy-eight thousand eight hundred and 
ninety-two, taught by seven thousand two hundred and 
fifty-five instructors, on which schools were expended, 
exclusive of the expense of repairing and erecting school- 
houses, and the interest on money invested in such property, 
and of the cost of school books, nearly 81,613,000. When 

41 



622 GOVERNOR'S ADDRESS. 

we add to this statement one hundred and eight high schools 
in which Latin and Greek are taught, sixty-three incorpo- 
rated academies, with thirty-five hundred scholars, paying 
$85,000 tuition, and six hundred and thirty-eight private 
schools, paying $350,000 tuition ; when we consider the 
expense of buildings, apparatus, libraries, school books, 
prizes. Teachers' Institutes and the like, not contained in 
those computations, we shall probably find an annual sum 
devoted to the education of the children of the people of the 
Commonwealth, besides tlie expenses of our colleges and 
schools of medicine, law and theology, amounting to more 
than three millions of dollars. It is estimated by the Board 
of Education that the sum annually expended to promote 
popular education in Massachusetts, including the annual 
expenditure for school-houses and the interest of money 
invested in them at their present cash valuation, the cost of 
school books in public and private schools, the expense of 
Normal Schools, Teachers' Institutes and Associations, the 
Board of Education, printing, and State scholarships, but 
not including the cost of instruction in colleges, professional 
schools and Reformatory Institutions, amounts to more than 
thirteen dollars to every person in the State between five 
and fifteen years of age, and more than two dollars and a 
half to each person of the entire population of the Common- 
wealth. Our public libraries in 1860 were 1,4G2. Their 
Tolumes numbered 604,015. The value of our churches in 
1860 was computed to be ten and a quarter millions of 
dollars, and their pulpits are occupied by about two thou- 
sand preachers of the Gospel. Besides the instructions of 
our pulpits, and schools, and books, and periodicals, we 
have the benefit of countless lyceums and lectures, and of 
constant importations from every other State, and from 
every country where literature and printing are known. 

Is Massachusetts unable, then, in view of her material 
resources, and the quality of her people, to adjust a plan 
contemplating the ultimate consecration to the purpose I 
have indicated, of a fund — to be secured by taxation, by 
donation, by the testamentary bequests of her citizens — 
adequate to the work ? Regard, a moment, your positive 
wealth. Consult its wonderful growth. Remember that 
you owe all of it to cultivated, instructed, intelligent industry. 
You have conquered, by first understanding, nature. You 
have studied her mysteries, guessed her secrets, and thus 
unlocked her treasures. And doubt not that in the wonder- 
ful future about to dawn upon our country, the part you 
are to enact of beneficence and glory, under the inspiration 



GOVERNOR'S ADDRESS. 623 

of your generous culture and expanding thought, will 
transcend uU the former acliicvements of your industry, and 
will outshine the lustre of your arms. 

I commend to the legislators and people of Massachusetts 
these considerations and opinions, which have earnestly 
impressed my own mind and are the results of patient study 
and reflection. They are inspired by tlie idea of realizing 
the higlicst culture, securing the amplest means and mate- 
rial, and husbanding them in the surest way to the good of 
all the people, and for the renown and influence among the 
States of the Union, of this venerable Commonwealth. Let 
no friend of any local institution, actual or proposed, avert 
his eyes. When we shall have obtained one central school, 
or a combination of schools interchangeably working each 
with and for the others, devoted to the grandest develop- 
ment of knowledge for agricultural", mechanical and military 
uses, and to the enlargement of the domain of science and 
art, to the discovery and encouragement of their true 
prophets and teachers, and to the widest diffusion of all 
their influences, then you will find the local seminaries 
springing up and distributing the results, — just as our town 
and district schools to-day disseminate the elementary les- 
sons of science of which every boy and girl would be left in 
ignorance, were it not for the higher institutions, the original 
thinkers and the lifelong students. 

I respectfully recommend that the Legislature take meas- 
ures at its present session .to secure to the Commonwealth 
the benefits of the grant from Congress, and that the funds 
of the Bussey Institution may not be allowed to slumber as 
they now do, but be rendered available for the use of the 
present generation, by purchasing, if possible for a reason- 
able price, the life estate which now encumbers Woodland 
Hill, and causing the funds to be rendered as productive as 
possible, with a single view to the objects contemplated by 
the donor. 

THE BOSTON SOCIETY OF NATURAL HISTORY, AND THE INSTITUTE 
OP TECHNOLOGY. 

I have pleasure iu calling your attention to the earnest- 
ness with which the Boston Society of Natural History, and 
the Massachusetts Listitute of Technology, have persevered 
in their respective plans. 

The former of these societies, strengthened in its resources 
by the liberality already so largely exercised in behalf of 
the public needs, has nearly completed a stately and commo- 



624 GOVERNOR'S ADDRESS. 

dious building on the land assigned to it by the Legislature, 
and will be in a condition to remove its collections and 
transfer its operations to the new edifice in the course of the 
coming spring. 

The Institute of Technology, though not yet possessed of 
a sufficient fund available for building purposes, is making 
progress in that direction with prospect of a large measure of 
success. Should it fail, during the winter, to make up the 
entire amount required by the Act of the Legislature, it may, 
I think, reasonably plead the peculiar circumstances of the 
times, and the great practical importance of its objects, as a 
ground for your further indulgence. It has, meanwhile, 
begun its operations as a Society of Arts, where communica- 
tions and reports are made and discussions held on industrial 
subjects, and where important inventions, models and speci- 
mens are exhibited, explained and criticised. It is prepar- 
ing, also, to make a beginning in some branches of the 
School of Industrial Science and in the collection of ma- 
chinery, materials, products, and other objects suitable for 
its intended Museum. In these several modes of activity it 
aims to contribute to the cause of practical improvement, 
even at the commencement and while it is awaiting the 
accumulated means necessary for the erection of the School 
of Industrial Science and the Museum of Practical Arts pro- 
posed to be established on the land assigned to the Institute 
for this purpose on the Back Bay. 

AMENDMENT OF CONSTITUTION. 

I have the honor to invite the favorable action of the 
Legislature upon the Resolve adopted by the last, and con- 
stitutionally referred to the present, General Court, " pro- 
viding for an amendment to the Constitution relative to the 
qualification of voters," proposing the repeal of the twenty- 
third article of amendment which precludes adopted or 
naturalized citizens from voting and from eligibility to office, 
for two years subsequent to naturalization. I have no 
doubt that the people of the Commonwealth will cheerfully 
consummate the purpose of the Resolve so soon as you shall 
present it to their decision. 

PUBLIC INSTITUTIONS — THEIR RETURNS. 

It has been the aim of the Governor and Council to visit 
all the penal and charitable institutions of the State, and of 
the respective counties. This would have been fully accom- 



f 



GOVERNOR'S ADDRESS. 625 

plislicd hail other commanding cares permitted it. Nearly 
all, however, iiavc been visited during the year. And it is 
a grateful task to bear witness to the prevailing si)irit of 
iutelligent humanity with which they arc conducted. I 
would respectfully urge a careful study of their Reports. 
The reduction of pauperism and crime is the sure conse- 
quence of increasing knowledge and thrift in any community. 
And the education into industry, good habits and intelligence 
of those unfortunately predisposed by early neglect, by actual 
lapse or inherited tendency, helps to counteract the fatal 
proclivity. I would, therefore, while there is so much to 
commend in these institutions, that some method were 
devised by which, through exact statistical returns, it should 
be possible to compare them each with all the others, to 
compare the business and experience of one year with 
another, to watch the symptoms of social disorder and dis- 
ease in the body of the State, and to study the cure. But, 
after having earnestly endeavored to institute some such 
comparison, I have been compelled to abandon the task. 
The returns are incomplete, dissimilar in their arrangement, 
not ordered by a system common to them all ; and, there- 
fore, though separately interesting and instructive, are 
uuadapted to the grand purpose of generalization. Partial 
efforts were made by the Legislature last year in the true 
direction. But they were partial only. Such a system as 
an able committee could devise, comprehending all our 
educational, reformatory, sanitary, penal, industrial and 
monetary institutions, explained by specific interrogatories 
and prepared forms of returns, would be universally recog- 
nized as a guide hereafter to practical legislation, as well as 
to philosophical inquiry. 

HOSPITAL FOR INEBRIATES. 

I most respectfully, but urgently advise that the Legisla- 
ture initiate measures to establish an asylum for the treat- 
ment of Inebriates. Drunkenness is a disease as well as 
a sin. We have long since legislated for its punishment ; 
let us no longer delay to legislate for its cure. By every 
motive of humanity and reason, by every law of duty, it 
challenges our consideration. I am led to believe that it is 
in our power so to economize the room in our sanitary and 
pauper institutions as to enable experiments to be made 
with one hundred and fifty patients, without any material 
increase of public expenditure. 



626 GOVERNOR'S ADDRESS. 

OUR HEROIC DEAD. 

There is a history in almost every home of Massachusetts, 
which will never be written. But the memory of kindred 
has it embalmed forever. The representatives of the pride 
and hope of uncounted households, departing, will return 
no more. The shaft of the archer, attracted by the shining 
mark, numbers them among his fallen. In the battles of 
Big Bethel, of Bull Run, of Ball's Bluff, of Roanoke Island, 
of Newbern, of Winchester, of Yorktown, of Williamsburg, 
of West Point, of Fair Oaks, the battles before Richmond 
from Mechanicsville to Malvern Hill, of James's Island, of 
Baton Rouge, of Cedar Mountain, of Bull Run again, of 
Chantilly, of Washington in North Carolina, of South 
Mountain, of Antietam, of Fredericksburg and Golds- 
borough, — through all the capricious fortunes of the war 
the regiments of Massachusetts have borne her flag by the 
side of the banner of the Union. And, beyond the Atlantic 
slope, every battle-field has drunk the blood of her sons, 
nurtured among her hills and sands, from which in adven- 
turous manhood they turned their footsteps to the West. 
Officers and enlisted men have vied with each other in deeds 
of valor. The flag, whose standard-bearer, shot down in 
battle, tossed it from his dying hand nerved by undying 
patriotism, has been caught by the comrade, who in his turn 
has closed his eyes for the last time upon its starry folds 
as another hero-martyr clasped the splintered staff and 
rescued the symbol at once of country and of their blood- 
bought fame. 

How can fleeting words of human praise gild the record 
of their glory ? Our eyes suffused with tears, and blood 
retreating to the heart, stirred with unwonted thrill, speak 
with the eloquence of nature, uttered, but unexpressed. 
From the din of the battle, they have passed to the peace of 
eternity. Farewell ! warrior, citizen, patriot, lover, friend, — 
whether in the humbler ranks or bearing the sword of offi- 
cial power, whether private, captain, surgeon or chaplain, 
for all these in the heady fight have passed away, — Hail ! 
and Farewell ! Each hero must sleep serenely on the field 
where he fell in a cause " sacred to liberty and the rights of 
mankind." 

Worn by no wasting, lingering pain, 

" No cold gradations of decay, 
Death broke at once the vital chain, 

And freed bis soul the nearest way." 



GOVERNOR'S ADDRESS. 627 



MASSACHUSETTS — UNION — LIBERTY. 

Massaclnisctts, limited in territory, aiming to cultivate 
and devclope the capacities of both man and nature, given 
to no one distinctive pursuit, but devoted to many, is at 
once an agricultural, commercial and manufacturing Com- 
monwealth. The individual citizen, adapting himself to 
the seasons and the market, is not unfrequcntly an expert 
in divers callings. In the winter he cuts ice on Crystal 
Lake for Calcutta, and he goes fishing in the summer on 
the Banks of Newfoundland. He carries on his father's 
homestead in the growing season, and makes boots for 
Boston market in the intervals of farming. He scours the 
Pacific in a New Bedford whaler while he is young and fond 
of adventure, and settles down at last the keeper of a country 
store on Nantucket. He goes to college for his own educa- 
tion, and teaches school himself in the college vacation. 
He manufactures ploughs and reapers in Massacliusetts, and 
puts his earnings into railroads in Michigan, Iowa, and 
Wisconsin. Massachusetts buys material from all who 
have it to sell, and vends her wares in every State. Her 
sons have been found pursuing their way in every opening 
of the "West and South, while her own narrow but hospi- 
table borders afford a prosperous home to tens of thousands 
honest sons and daughters of toil, from every nation in 
Europe. 

Peaceful, rural, and simple in their tastes, her people, 
never forgetting the lessons learned by their fathers, not 
less of War than of Religion, are found in arms for their 
father's flag wherever it waves, from Boston to Galveston. 
The troops of Massachusetts in Maryland, in Virginia, in 
the Carolinas, in Louisiana, in Texas ; the details frpm her 
regiments for gunboat service on tlie southern and western 
rivers ; her seamen in the navy, assisting at the reduction 
of the forts from Hatteras Inlet to the city of New Orleans, 
or going down to that silence deeper than the sea, in the 
Monitor or the Cumberland, — all remember their native 
State as a single star of a brilliant constellation, the many 
in one, they call their country. By the facts of our history, 
the very character of our people, and the tendencies of 
their education, industry and training, Massachusetts is 
independent in her opinions, loyal to tlie Union, and the 
uncompromising foe of treason. 

Geographically on one side of the continent, her soldiers 
come from the Golden Gate of California to encamp by 
Dorchester Heights, that they may serve under the white 



628 GOVERNOR'S ADDRESS. 

flag of the Pilgrim Commonwealth. We proudly count our 
brethren in public station and in all the honored walks of 
private life, in Oregon as well as in Barnstable. Her sons 
have sent from around the world their benefactions for the 
relief of the families of her'braves. Though no drop of the 
"Father of Waters" laves our shores, or descended on any 
hill top which sheds into our streams ; yet, narrowed by no 
policy of sectional or territorial jealousy, we would gladly 
and proudly contribute through the National treasury, in 
the interest of our National defences, for the connection by 
Ship Canal of the Mississippi with Lake Michigan, and of 
Lake Erie with the Hudson. 

Unionists in no double sense, we have held from the 
beginning that the Government, greater than any class of 
men or of interests, has an original and imprescriptible 
right to the devoted and hearty service of every subject of 
its protection and power. We deny the rightfulness of the 
rebellion, and we are in arms against it; and we have 
equally denied that the rebel States could rightfully be 
allowed to impose their treasonable will upon any human 
being whose interest or desires would make him loyal. 
While our wives surrender their husbands and our fathers 
their sons to all the perils of a dreadful war waged by rebel- 
lion, we have never discovered a reason why the rebels 
should retain their slaves, and compel them to be rebels too. 
Supporting always the government, without conditions as to 
its policy, we rejoice with unutterable joy that its policy is 
that of human nature, and not that of human sophistry; and 
we hail the returning day of the civic virtues, which our 
national departure from the practice of Justice and the 
principles of our fathers, had discouraged in the North and 
had overthrown in the South. 

Gentlemen of the Senate and 

House of Representatives : 

Practical questions of grave and important moment are 
before the government and the people of the United States. 
A large number of poor persons, without capital save their 
ability to labor, with new motives to industry, subordination 
and good conduct, will claim an interest in the thoughts of 
statesmen. Near Fortress Monroe, in the Sea Islands of 
South Carolina, in New Orleans, and in its neighboring 
parishes, they have already tried the new-born gift of liberty, 
with success and honor. 



GOVERNOR'S ADDRESS. 629 

111 a few brief years, we shall liave paid the national debt 
incurred during tlie present war, by the enlarged value 
which freedom will have given to the property of the rebel 
States, the increased productive ability of freodmen over 
slaves, and their multiplied power to buy and consume the 
products of manufactures and the arts. 

The people of America will have saved the Union, saved 
Democratic-Republican Liberty, both menaced by the same 
dangers, will have perpetuated the Government, magnified 
the Constitution and made it honorable, and will have 
crowned a great career of glory with an act of expedient 
Justice unequalled for its grandeur in all the history of 
mankind. 



630 



GOVERNOR'S ADDRESS. 



[A.] 

Troops sent into Federal Service since the outhreak of the Rebellion. 



1861. 


1862. 


January. 


January. 




3d —Thirtieth Infantry. 




3d —3 companies Cavalry. 




7th — Twenty-Ninth InPy, 3 companies. 




8 th— Twenty-Eighth Infantry. 


February. 


Februai'y. 




7th— Sixth Battery. 


' 


21st— Thirty-First Infantry. 



March. 



April. 
3,736 Militia for three months' service. 

May. 
9th to 22d — 8 companies of Infantrj', 7 of 
which were subsequently joined to 
the Twenty-Ninth Regiment, and 1 
enlarged and organized into the 
Seventh Battery. 



June. 
15th — First Infantry. 
24th— Ninth Infantry. 
24th— Eleventh Infantry. 

July. 
8th — Second Infantry. 
11th — Seventh Infantry. 
23d —Twelfth Infantry. 
25th— Tenth Infantry. 
30th — Thirteenth Infantry. 

August. 

7th — Fourteenth Infantry. 

8th — Fifteenth Infantry. 

8th — Second Battery. 
17th — Sixteenth Infantry. 
22d —Twenty-First Infentry. 
23d — Seventeenth Infantry. 
24th— Eighteenth Infantry. 
28th — Nineteenth Infantrj'. 



March. 

2 companies Heavy Artillery, to be at- 
tached to Fourteenth Reg't, changed 
to Heavy Artillery from Infantry. 

1 company Heavy Artillery, for garrison 
for Fort Warren. 

Ajyril. 

May. 
26th— 7 companies of Thirty-Second In- 
fantry. 
4,043 Militia assembled at Boston 

for service. , 

2 companies of Militia cadets of 1st 
and 2d Divisions, for service at 
Fort Warren. 

June. 
24th— Eighth Battery. 



July. 
1 company Volunteers for 6 months, for 
garrison for Fort Warren. 



August. 
11th— Thirty-Third Infantry. 
12th— Thirty-Fourth Infantry. 
20th— Thirty-Second Infy, 3 companies. 
21st —Ninth Battery. 
22d —Thirty-Fifth Infantry. 
24th— Thirty-Eighth Infantry. 
31 st— Thirty-Sixth Infantry. 



GOYERXOR'S ADDRESS. 

Troops sent into Federal Service — Continued. 



631 



18 6 1. 


18 6 2. 


Sijitcmbi'i: 


September. 


3d — First Company of Sharpshooters. 


1st— Sixth Infantry. 


4th — Twentieth lutkutry. 


5th— Thirty-Seventh Infantry. 




6th— Thirty-Ninth Infantry. 




8th — Fortieth Infantry. 




15th — Eleventh Batteiy. 


October, 


October. 



3d -First Battery. 
7th— Third Battery. 
8th — Twenty-Second Infantry. 
8th — Second Company Sharpshooters. 
31st — Twenty-Fifth Infantry. 



November. 
2d — Twenty-Seventh Infantry. 
11th — Twenty-Third Infantry. 
21st — Twenty-Sixth Infantry. 
21st— Fourth Battery. 



December. 
9th — Twenty -Fourth Infantry. 
25th— First Cavalry. 
25th— Fifth Battery. 



2d — Forty -Fourth Infantry. 
3d —Fifth Infantry. 
6th— Tenth Battery. 
9th — Third Infantry. 
24th— Forty-Third Infantry. 
24th— Forty-Fifth Infantry'. 
24th— Forty-Sixth Inftintry. 

Second Compan}' Heavy Artillery 
for garrison for Fort Warren. 

November. 

5th — Forty-First Infantiy. 

7th — Eighth Infantry. 
11th — Fifty-First Infantry. 
19th — Forty-Second Infantry. 
19th— Fiftieth Infantiy. 
19th— Fifty-Second Infantry. 
21st — Forty -Ninth Infantry. 
■21st— Fiftj'-Third Infantry. 
29th — Forty- Seventh Infantry. 

December. ■ 
21st — Fourth Infantry. 
21st —Forty-Eighth Infantry. 

Third Company Heavy Artillery 
for garrison for Fort Warren. 

186 3. 

January. 
3d —Twelfth Battery. 



Now raising in the State, January 9, 1863. 
2d Cavalry Regiment; 13th, 14th and 15th Batteries Light Artillery; 3d company 

Sharpshooters. 



632 



GOVERNOR'S ADDRESS. 



i 

a 

H 

u 
o 


2 
o 

•a 

C3 

O 


1 1 1 


1 g 1 1 1 1 ■ 1 1 1 


Total Infantry, 30 regiments, 4 companies— of which, 13 regiments, 3 companies 
for 3 years; 17 regiments, 9 months; and 1 company, 6 months. 

" Light Artillery, 5 batteries— of which, 3 batteries for 3 years: 1 battery 
for 9 months, and 1 battery for G months. 

" Heavy Artillery, 5 companies for 3 years. 

" Cavalrj-, 3 companies for 3 vears. 

" Cadets, 2 companies— of which, 1 for 2 months and 1 for 5 months. 




6 


S 1 1 1 1 1 1 1 1 1 1 1 

CO 




1 1 'g- 
5 

CO 


1 1 1 1 1 1 & 1 a 

8 8 

i-( rH 


«b 

•as 

< 




1 battery. 

1 battery. 
1 battery. 
1 battery, 


c 


ft 

£ -lj- 

8 a 1 

''.a 


7 companies. 

1 company. 

5 reg'ts, 3 comp's, 
4 regiments, 
6 regiments, 
9 regiments. 

2 regiments. 




i 1 1 1 -* 1 1 1 1 1 1 1 


« 

OD 




Januarj', 
February, 
March, . 


^ irr u 


April, 

May, . 

June, 

July, . 

August, 

Septemb 

October, 

Novemb 

Decembe 




i 

O 




t 1 1 1 I 1 1 1 1 1 1 a 

1-1 


Total Infantry, 22 regiments, 8 companies, 2 companies sharp- 
shooters. 
" Light Artillery, 5 batteries. 
" Cavalry, 1 regiment. 


to ^ 

^ 1 

1 1 

b 1 
1 ^ 
'-' a 

a § 
1 1 

1 ^ 

^ 5 

i g" 
«^§ 

c " fl 

0.30 


.a » 
to P! 


1 battery. 

2bat'ries. 
1 battery. 
1 battery, 


b 

c 
c 


8 companies.* 

3 regiments. 

5 regiments. 

7 regiments,! 
1 reg't, 1 comp. s. s. 
2 reg'ts, Icomp.s. s. 

3 regiments, 

1 regiment. 


1 


1 1 1 CO 1 1 1 1 1 1 1 1 

co" 




1H 
« 
CO 
H 




b^ ' 

3.S h 

1-5 P^S 


iT . tT . " 


April, . 
May, . 
June, . 
July, . 
August, 
Septembe 
October, 
Novembe 
December 



in 






9J £1, 

« 5 



SPECIAL MESSAGES. G33 



SPECIAL MESSAGES. 



THE FOLLOWING SPECIAL COMMUNICATIONS WERE MADE BY HIS 
EXCELLENCY THE GOVERNOR, TO THE LEGISLATURE, DURING 
THE SESSION ENDING APRIL TWENTY-NINTH. 

[To the House of Representatives, January 20.] 

^[any delays and difficulties have been experienced during 
the past year in the payment of our volunteers. A period 
of six months has elapsed without the payment of men in 
the military service of the United States, to whom by law 
pay is due once in every two months. Through a complica- 
tion of causes attendant on these delays, and on the working 
of the army system of payments, which did not originally 
contemplate the introduction of allotments of soldiers' pay, 
but only direct payment to the soldiers, in hand, — certain 
irregularities have sometimes been encountered in securing 
the receipt of the allotments, not easily understood by the 
persons interested, and tending to prejudice them against 
the usefulness of the allotment system itself. The frequent 
occasion which this department of the State government has 
to know, and keenly to feel, the hardship of which these 
delays and irregularities are the cause, and the injustice of 
permitting their continuance or repetition, if it is possible to 
prevent them, has attracted to the whole subject much 
thoughtful and anxious consideration. 

The result to which I have deliberately arrived is, that 
this Commonwealth can, with the consent of the Federal 
Government and without loss to herself, adopt and apply a 
method of sure relief. I do not hesitate, therefore, in the 
interest of the soldiers of Massacliusetts and of their fami- 
lies, to commend the subject to the wise judgment of the 
legislature. 

It is understood that arrangements are now in progress 
for the payment of the troops up to tlie first day of Novem- 
ber last. The rolls must liave been completed, or should 
have been so, before the middle of that mouth. Tlie rolls 



634 SPECIAL MESSAGES. 

for the two months' payment due on the 1st day of January 
current ought now to be ready. I do not perceive that any 
method we might adopt could probably expedite the pay- 
ment of the November dues, and the deferred payments for 
previous months which are to be made at the same time 
with the November payment proper. For this reason the 
plan I have the honor to suggest is limited to act from and 
after the first of November last. 

I therefore respectfully recommend that the Common- 
wealth undertake to pay, in notes of Massachusetts banks, 
or in legal tender notes of the United States, to all her vol- 
unteers in the army of the Union, all their wages earned 
from and after that day, who shall accept the benefits of a 
plan of payment substantially the following : — 

Let all Massachusetts volunteer soldiers who choose, 
assign all or any part of their accruing pay to the treasurer 
of the Commonwealth in the manner contemplated by the 
62d chapter of the Acts of 1862, " concerning the custody 
and distribution of funds of the Massachusetts Volunteers." 
Let the Treasurer receive such funds to be distributed in the 
manner contemplated by the 1st and 2d sections of the Act, 
or to be held subject to the order of the soldier in the man- 
ner provided by the 4th section. 

Let the Commonwealth agree with the United States to 
hold itself indebted (and so declare by law) to all those vol- 
unteers who may assign their pay to the Treasurer, to the 
amount of the pay so assigned, and appearing to be due 
from the United States to such volunteers respectively — by 
the pay-rolls made up for the guidance of the Federal 
disbursing officers, copies of these pay-rolls duly certified 
being transmitted to the Treasurer. Let the volunteer, who 
may assign his pay in whole or in part at his own election, 
as he now does, be credited by the Treasurer, on the date of 
receiving a proper copy of his pay-roll, with the amount of 
the assigned pay thus appearing to be due to him, which 
sum so standing to his credit the Treasurer then shall dis- 
tribute through the town treasurers, or retain on interest, in 
the manner provided in the Act of 18G2, according to the 
election of the volunteer. 

The effect of this arrangement would be to make it the 
duty of the Treasurer to pay to the town treasurers for the 
benefit of the volunteers' families, or to hold subject to the 
orders of the volunteers themselves, their wages, either in 
whole or in part, as the case might be, without regard to 
receipts into the treasury of the Commonwealth from the 
treasury of the United States. Thus, the Commonwealth 



SPECIAL MESSAGES. 635 

would intervene to pay, for the account of the United 
States, to the soldier's family, all his wages so assigned and 
due, or hold the same to he paid to his order drawn in favor 
eitlier of himself or of others in such portions as might 
j)leasc him. 

It would, unless in rare cases of exception, become for 
the interest of every soldier to assign his whole pay to the 
treasurer of the Commonwealth, for then, without any risk 
to himself, it would be remitted to his own town, or remain 
on interest in the State treasury to be paid out to himself on 
his own order, on demand, as he might need the money — 
the treasury becoming, in one word, a savings-bank for all 
our soldiers, with this advantage, that the money would be 
ready for the soldier and his family on the day his rolls 
should arrive here, at all events, and ivUhout any regard to 
delays in the payments due from the United States. 

The benefit of such a scheme to the soldier is manifest ; 
and the ease with which funds can be remitted to the regi- 
ments from here, would render it much better for the soldier 
generally to assign his whole wages, and draw on them 
when wanted, whether in camp or hospital, whether with 
the regiment or on detached service, than to await the advent 
of the Federal paymasters. 

But the question occurs, how shall the Commonwealth be 
repaid and protected? Let it be arranged with the Secretary 
of the Treasury that an amount of United States' currency, 
or a certificate of indebtedness bearing interest from the 
date when the payment was due from the United States, 
shall, in the lack of coin, be delivered to the Treasurer of 
the Comilionwealth, corresponding to the amount on the 
pay-rolls appearing to be assigned to him by Massachusetts 
volunteers, as often and as soon as such pay-rolls are filed 
— such currency or certificate to be receipted for by the 
treasurer, as a reimbursement to the State for assuming the 
payments to the soldiers called for by the rolls and 
assignments. 

Thus the troops would be promptly and wholly paid, at 
home, where the payment is the best for them, or in part at 
home and in part in the field, as each one might prefer. 

Want, suffering, disappointment, anxiety, and distrust, 
would be averted by a beneficent, kindly, safe, and just 
intervention of the government nearest to the domestic 
scene, and best able to adjust with ease the arrangements 
needed for the greatest good of all. 

It will be easy, I think, for the State to make a prospec- 
tive bargain with the banks, to borrow at a very low rate of 



636 SPECIAL MESSAGES. 

interest, say one million of dollars on the fifteenth day of 
each alternate month, to be drawn for as it shall be needed 
to meet the necessities of the treasury, created by this plan. 

I think it is clear that thus without loss, the government 
of this Commonwealth can, in the truest way, perform a 
parental duty. Every interest of society, public as well as 
private, is in some way involved in this being done. I can- 
not imagine any proper objection on the part of Congress to 
an immediate enactment to permit the Secretary of the 
Treasury to accede to such a plan ; and I respectfully sug- 
gest to the General Court such an amendment of chapter 62 
of our Acts of 1862 as shall substantially agree with the 
plan I have thus sketched for your consideration. 

If it shall be the opinion of the Legislature that mature 
reflection encourages assuming the payment of our volun- 
teers in advance of receiving from the United States the 
funds therefor, only so far as it may be needful in order to 
secure the prompt distribution of their allotments, I shall 
cheerfully concur in the endeavor to carry into effect its 
final decision. 



[To the House of Representatives, February G.] 

In reply to the Order of the honorable House, of January 
21st, requesting a report of" the several amounts claimed or 
paid as commissions, compensation, expenses, or profits, by 
persons who went to foreign countries under authority of 
the Executive Department of this State during the years 
1861 and 1862, for the purpose of purchasing arms and 
equipments for or on account of the State," I have the honor 
to submit the following statement : — 

In April, 1861, Honorable Francis B. Crowninshield went 
to Europe as an agent for purchasing arms and military 
equipments for the State. A copy of the letter of instruc- 
tions addressed to him on April 22d, 1861, was communi- 
cated to the Legislature of 1862, and is printed in House 
Document, No. 40, of last year. 

The number of arms received through this agency has 
been 19,880, and of sets of equipments 10,000. The aggre- 
gate of the several amounts placed to the credit of the agent 
for these purchases, and the necessary expenses attendant 
thereon, is 1351,347.48. 

Provision was also made for " a person experienced in the 
manufacture of arms " to accompany the agent, " to advise 
with and assist" him; and he was authorized, if contracts 
for the manufacture of arms should be made, " to detail this 



SPECIAL MESSAGES. (VSl 

person to remain and observe tlie process of manufacture, 
and inspect tlie arms when completed." Mr. C. McFarland 
was appointed for this inirposc. 

In August, 18G1, Mr. Crowninshield returned to the 
United States, having made purchases outright of a number 
of arms, and having made contracts for the manufacture of 
more. Mr. McFarland was left in England to superintend * 

the execution of these contracts, and to inspect the arms as 
manufactured. lie remained on this business until the 
spring of 18G2. As covering the cost of this inspection, and 
including pay for all the services, and reimbursement of all 
the expenses of Mr. McFarland, there is charged in the 
account of Mr. Crowninshield, and has been allowed, 
£728 5s., or 83,527.96. 

In the final settlement of accounts a claim of 2i per cent, 
on all the disbursements was made by Mr. Crowninshield for 
compensation for himself. This claim was not approved by 
the Governor and Council, by whom the following Order 
was passed for adjusting the account: — 

" Council Chamber, Sept. 17, 1862. 

" Ordered, That Francis B. Crowninshield be allowed 
twenty-five hundred dollars for his expenses in purchasing 
arms in Englai!d for the Commonwealth, on condition that 
he settle the account, as rendered by him, of Cora McFar- 
land as inspector of said arms, and return to the Treasurer 
and Receiver-General proper vouchers for the same, and that 
James M. Shute, James Ritchie, and Gerry W. Cochrane, as 
a committee of the Council, be authorized to settle with said 
Crowninshield upon the above conditions." 

The proposition made by this Order being communicated 
by the committee to Mr. Crowninshield, was declined by 
him, in writing, on September 20th, and his account remains 
unadjusted. He retains in his hands a balance of £512 10s. 
5d., or 82,482.87, of funds belonging to the Commonwealth, 
and claims for his compensation an additional amount of 
.£1,27(3 lis., or 86,184.90,— or in all, £1,789 4s. 5d., or 
88,667.77. 

The instructions addressed to Mr. Crowninshield are silent 
on the suliject of compensation for his agency. At the time 
he sailed for Europe, in April, 1861, an advance of 81,000 
was made to him from the treasury of the Commonwealth, 
for his personal expenses, which amount is included in the 
82,500 allowed to him by the Order of the Governor and 
Council of September 17th, 1862 ; and it is not intended on 
the part of the Governor to admit, by any thing herein con- 



638 SPECIAL MESSAGES. 

tained, that any valid claim existed against the Common- 
wealth in favor of the agent for time and services. On that 
point, for the purposes of the inquiry of the honorable 
House, it is not necessary here to express an opinion. 

[To the House of Eepresentatives, February 24.] 

• I have the honor to communicate to the General Court, 

* for its information, the Annual Report of the Adjutant- 
General of this Commonwealth, to the Commander-in-Chief, 
attended by the Reports of the Quartermaster-General, the 
Master of Ordnance, and the Surgeon-General. It has 
been the aim of the Adjutant-General to present in full 
detail, not only the formal returns, but so far as possible 
the main features and prominent particulars of the military 
history of each of the Massachusetts Volunteer and Militia 
Corps organized or serving during the last year. The 
reports of regimental commanders and the communications 
of general officers of the army, received at these head- 
quarters, relating to the character and conduct of Massa- 
chusetts soldiers, have found places in the narrative thus 
presented, and they form valuable and interesting portions 
of this honorable record. 

I venture to mention as of special interest the wise and 
suggestive Report of the Surgeon-General, io whose intelli- 
gent and humane administration of his bureau, I confess a 
constant obligation. 

Among the gentlemen who, as Agents of this Common- 
wealth, have rendered good service in the care of sick and 
wounded soldiers in hospitals, and of soldiers falling into 
distress or want, and in advising and assisting their friends 
when searching for them in hospitals and camps, or for tlie 
remains of the fallen, are Messrs. Robert R. Corson, of 
Philadelphia, and William Robinson, of Baltimore. Their 
names were inadvertantly omitted in the proper connection 
by the Adjutant-General. The services of Mr. Robinson 
began with the 19th of April, 1861, and have never been 
discontinued. 

I avail myself of this occasion to attract the attention of 
the General Court to these most humane and useful agen- 
cies, maintained in New York, Philadelphia, Baltimore and 
Washington, which, within distances more or less extended, 
have brought to the pillow of the dying, to the pallet of the 
wounded, to the battle-field as well as the hospital, the 
messages of home and the succor and comfort of much 
kindly help. Among their indispensable, services rendered, 
one is tliat of advice and aid to relatives, especially wives 



SPECIAL MESSAGES. 639 

and mothers, who visiting strange and bewildering scenes, 
are consoled by a friendly iuiiid ready to help them to reach 
the objects of their search and care. Another is their 
constant and careful returns — (which are to be found in 
the oOice of our Surgeon-General) — of all facts derivable 
from the hospital records and interesting to the families of 
Massachusetts soldiers. Another is their correspondence 
with this Department in respect to individual cases, without 
which the solicitude of friends in many instances would be 
unrelieved. 

In the effort, so far as possible, to bring all her sons in 
the field under the care and watchfulness of the State, 
these agencies have proved indispensable. Co-operating 
with benevolent associations in their neighborhood, an 
amount of good has been accomplished, measurable by no 
sum, and achieved much less by money than by acts of 
attentive kindness personally bestowed. 

I have advised recently with these agents, and with wise 
and charitable persons familiar with the spheres of their 
operation, and am induced to recommend as a measure of 
prudence that a sum of money, (besides the military con- 
tingent fund of the Governor and Council, which the 
exigencies of war may leave insufficient,) of perhaps ten 
thousand dollars, should be appropriated, either as an 
addition to that fund or otherwise, to enable the Executive 
to maintain these agencies on a firm footing, and to employ 
such other or like services as the shifting scenes of the war 
may be found to demand. 

It will be remembered that the appropriation does not 
imply its expenditure, beyond the necessity of the case. 

[To the Senate, March 3.] 

I received yesterday, from the Clerk of the Senate, a 
copy of an Order of the Legislature asking certain informa- 
tion concerning the Troy and Greenfield Railroad. I have 
to-day received a reply from Mr. J. W. Brooks, chairman 
of the Commissioners, (to a letter addressed to him by me) 
of which I enclose a copy. It will be seen by this that 
the Report of the Commissioners will be presented to the 
Governor and Council in prhit. Copies will be printed in 
sufficient numbers for all the members of the Legislature, as 
soon as it is issued. 

[To the Senate, March 12.] 

I have the honor to communicate for the use of the Legis- 
lature, the Report of Messrs. John W. Brooks, Samuel M. 



640 SPECIAL MESSAGES. 

Felton, and Alexander Holmes, Commissioners appointed 
under chapter one hundred and fifty-six of tlie Acts of 18(J2, 
providing " for the more speedy completion of the Troy and 
Greenfield Railroad and Hoosac Tunnel." 

By this Report, made to the Governor and Council, it is 
apparent that the Commissioners have discharged the duties 
of investigation and inquiry into the whole subject of finish- 
ing the Troy and Greenfield Railroad, and of tunnelling the 
Hoosac Mountain — including the most economical, practical, 
and advantageous methods for the completion of the work, 
the cost of fitting the railroad and tunnel for use, the time 
withiu which the tunnelling of the mountain can l)e com- 
pletely effected, the probable cost of the enterprise, the 
probable pecuniary value of the road and tunnel, with the 
sources and probable amount of traffic and income — in a 
manner at once elaborate, comprehensive, instructive and 
convincing. Their Report is attended by several plates, care- 
fully illustrating those features of the proposed work more 
easily presented or explained by the aid of maps or plans, 
and is accompanied also by a report of JVIr. Charles S. 
Storrow on European Tunnels, who at the request of the 
Commissioners, with the approval of the Governor and 
Council, visited Europe for the purpose of examining the 
most important tunnels already constructed, and especially 
that now in progress under the Alps at Mont Cenis, between 
France and Italy, which in many respects is supposed to be 
a work more nearly analogous to that projected under the 
Hoosac Mountain, than any other in the world. It is accom- 
panied also by the respective reports made to the Commis- 
sioners by Messrs. Benjamin H. Latrobe and James Laurie, 
on the Hoosac Tunnel and Troy and Greenfield Railroad. 
The first contains observations and opinions which were the 
result of Mr, Latrobe's personal examination of the Hoosac 
Mountain and Tunnel, seen in the light of a considerable 
professional experience in works of a similar character, 
though of proportions less gigantic ; the second (namely, 
the report of Mr. Laurie,) exhibits a minute and scientific 
survey of the whole route of railroad and tunnel, with 
elaborate calculations. This mass of documentary matter, 
with the profiles, maps and plans contained therein, or pre- 
pared for ampler illustration and referred to in these 
reports, presents, as I believe, an exhaustive treatise upon the 
subject intrusted to the investigation of the Commissioners, 
in all its particulars and relations. It is, itself, a monument 
of industry and learning, and of practical as well as of 
j)rofessional judgment. 



SPECIAL MESSAGES. (541 

The Report of the Commissioners establishes the feasibility 
of the grand enterprise of tunnel/ing' the Iloosac Mountain^ 
and the necessity of" ultimate and essential changes in the 
details of the railroad line, of essential and important changes 
in the character and quality of the work upon the road and 
bridges, and of the enlargement of the tunnel itself ; and 
also the necessity on the part of the State, of taking into its 
own hands the enterprise of constructing the tunnel, under- 
taking the work on its own account, controlling its own 
agents and holding them directly responsible for the integ- 
rity of their management. This course is, in the judgment 
of the Commissioners, in a work so exceptional and peculiar, 
an essential condition of energy, economy and success. 

The Commissioners find that the period of eight years will 
be necessarily employed in the accomplishment of this work. 
The advances already made by the Commonwealth to the 
Troy and Greenfield Railroad Company, with interest to 
January 1, 1863, including a special appropriation of 
$175,000 made last year, amount to 8968,862. The addi- 
tional interest at five per cent, for eight years, amounts to 
.^162,585. The cost, therefore, in which the State is already 
involved towards this enterprise, assuming its completion in 
eight years, is -$1,481,447. The cost of completing the tun- 
nel is estimated by the Commissioners at an additional sura 
of '§2,696,229, to which should be added interest during 
construction, 8522,094, giving a result of 83,218,323. The 
estimated expenditure immediately required to complete the 
road east of the tunnel, is 8147,060, the interest on which 
item it is assumed will be paid out of earnings to be received 
during the construction of the tunnel. The cost of perma- 
nent work from time to time, to replace the present tempo- 
rary structures as they fail, is estimated at 850,000. The 
cost of straightening and improving the line east of the 
tunnel, to be done as the last thing before the tunnel is 
completed, is placed at 8155,000. These three last enumer- 
ated items involve an expenditure of 8652,060, deemed 
necessary to establish the road from Greenfield to the moun- 
tain on sucli a footing as to enable it to meet reasonable 
expectations as a through route. The cost of constructing 
the two miles, from the western terminus of the tunnel to 
North Adams, is stated at 867,500. The expense of the 
additional depot buildings, shops, <fcc., for the completed 
line, will be 875,000, and the cost of the rolling stock 
8275,000. 

' The total estimated cost of road and tunnel, including 
advances hitherto made by the Commonwealth, with interest 



6-42 SPECIAL MESSAGES. 

on past and future advances and expenditures, at five per 
cent., compounded until the expected completion of the 
tunnel, and including also the expense of altering and 
enlarging the work already bored, straightening and improv- 
ing the road and brida;es, amounts, therefore, in the whole, 
to the sum of 15,719,830. 

It will be remembered that the Act under which the Com- 
missioners were appointed, and under which the prosecution 
of the work of constructing the road and tunnel was author- 
ized, with the approval of the Governor and Council, to be 
continued, contemplated expenditures and advances, which, 
together with all sums hitherto advanced thereon by the 
Commonwealth, should not exceed $2,000,000 in the aggre- 
gate. But the total amount of advances made by the Com- 
monwealth prior to the date of suspension of work in the 
summer of 1861, was 8778,695, which with the additional 
payment of -$175,000 appropriated under the Act of 1862, 
will give a total advancement, excluding interest, of $953,695 
already absorbed out of the appropriation of only $2,000,000, 
of which the statutes thus far contemplated the expenditure. 
The cost of completing the whole work is, therefore, so con- 
siderably beyond the unused portion of the $2,000,000 appro- 
priated, as imperatively to demand still further legislation 
to render the prosecution of the enterprise practicable by the 
Commissioners. 

It will be observed that the Commissioners' Report, with 
the attendant documents, is communicated in print, the 
Commissioners having been directed, for the purpose of 
avoiding the delay consequent upon printing the documents 
after presentation, to make their Report originally in print. 
It is understood that copies are ready for immediate distri- 
bution to the members of the General Court. 

Among the successful efforts of the commission^ the 
Legislature will be gratified to notice that of securing an 
agreement in writing from the Fitchburg Railroad, the 
Vermont and Massachusetts Railroad and the Troy and 
Boston Railroad Companies, for the contribution by each of 
those companies, to the Commonwealth, in consideration 
that it shall construct and complete the Troy and Greenfield 
Railroad and Hoosac Tunnel, of twenty per cent., or one- 
fifth of their gross earnings, respectively, upon the passen- 
ger and freight business coming upon their roads from any 
part of the Troy and Greenfield Railroad. This agreement, 
however, provides for its own modification or annulment 
wlien the earnings of the Troy and Greenfield Railroad shall 
have reached a point indicative of established and perma- 



SPECUfi MESSAGES. 643 

iient success; the jtarticular tests of that success boiiii;' pre- 
determined in the agreement. And in this connection I 
have also to invite the attentiou of the General Court to a 
letter from Mr. Brooks, the chairman of the cominission, 
addressed to myself, bearing date of this day, communicat- 
ing a correspondence between himself and the presidents of 
the Fitchburg Railroad Company and the Vermont and 
Massachusetts Railroad Company, concerning a proposed 
lease of that part of the Troy and Greenfield Railroad lying 
east of the tunnel, for a period of six years and pending the 
constructiou of the tunnel. This negotiation was initiated 
to enable the State to determine whether it would be wise 
to complete at once the railroad between the eastern termi- 
nus of the tunnel and the town of Greenfield, of which the 
proposal of the Fitchburg and the Yermont and Massachu- 
setts Railroad Companies, dated yesterday, is a material 
encouragement. 

I deem it my duty, also, to furnish for the information of 
the Legislature, a letter received this day from the chairman 
of the Commissioners, accompanied by a careful statement 
prepared by himself, exhibiting the whole amount heretofore 
expended upon the construction of that part of the Troy 
and Greenfield Railroad between Greenfield and the tunnel. 
This statement exhibits the quantity and kind of w'ork done 
upon that piece of road before the suspension of its progress 
in the summer of 18'j1. The rQsult shows that the Com- 
monwealth had advanced at that time, out of the 8(3r)0,000, 
the sum of 8i81,i28, of which amount the company were 
only entitled to have received $350,090, that being the pro- 
portion of the 8650,000 authorized by the Legislature, which 
tiie work done bears to the expense of the whole work. Li 
other words, the Commonwealth had made over-advances 
equal to 8131,338, assuming 8050,000 as the sum w^hich the 
Commonwealth should furnish in the whole under the Act 
of 18G0. And it is further shown that this statement is 
based upon the supposition that the work performed had 
been paid for, and so far as it went was a clear and unem- 
barrassed security to the State for its advances, which in 
fact was not the case, for of the 8175,000 appropriation of 
1862, there is to be paid out towards these very expendi- 
tures the sum of 8140,226.95, according to the returns 
made by the Commissioners, acting as auditors under that 
appropriation. Thus the sum total of our excess of advances 
becomes 8271,564.95, on that piece of railroad, out of the 
8650,000 granted by the Act of 1860. 



644 SPECIAL MESSAGES. 

The following figures taken from the same statement, 
present a view of tlie amount advanced by the State on the 
same piece of road in excess of the amount actually thus far 
expended by the contractors upon the work. 
Amount actually expended, .... §485,731 19 
Amount of the above yet to be paid by the 

State out of the $175,000 appropriation, . 140,226 95 



Amount expended by contractors, but not all 
paid for, as the -1175,000 appropriated did 
not cover all the liabilities, . . . 8345,504 24 

Amount paid by the State on the ' 
first appropriation in sterling 
at $4.44 to the pound, . •. $50,172 00 

Difference between $1.44, and tlie 
real equivalent of the sterling 
in dollars, .... 5,311 00 

Amount paid under the $650,000 

appropriation, . . . 481,428 00 

536,911 00 



Amount advanced by Commonwealth more 

than went into the work, .... $191,406 76 

I congratulate the General Court and the people, upon 
the rescue of the Commonwealth, and especially of this 
great experimental enterprise, from a position inconsistent 
with economical, safe or even possible success in piercing 
its mountain barrier. 

I earnestly and respectfully invite your most candid and 
thoughtful consideration, not only of the specific facts 
and figures which elucidate or express the details of 
information bearing most immediately upon the work 
contemplated, but I also venture to commend to your 
deliberate judgment the arguments and reasoning drawn 
from liberal and enlightened views of public policy and of 
public economy, which finally lift this subject above all 
merely local interests or antagonisms, into the sphere 
of statesmanship. And having attentively watched the 
progress of the Report of the Commissioners and the docu- 
ments by which it is accompanied, through the press, I am 
prepared to give my own assent to the opinions, with the 
expression of which the Commissioners conclude their 
discussion : — 

" By the time the tunnel can be completed, the public interest 
requiring it will have grown large enough to pay for the outlay. 



SPECIAL MESSAGES. 645 

The impulso jrivcn to business by the new facility would soon fill up 
the new line, and make up the temiiorary loss felt by any other. 

" Considering the large sum whicli the Commonwealth has already 
invested in this work, which must be sunk if it is not completed ; the 
reasonable protection from loss which is offered by the other compa- 
nies interested in the line ; the more intimate relations it may 
promote between Massachusetts and the "West ; and the benefits 
which such an additional facility promises to the great interests of 
the city and State ; we are of opinion that the work should be 
undertaken by the Commonwealth, and completed as early as it can 
be, with due regard to economy." 

[To the Senate, March IG.] 

I have the honor herewith to transmit for the information 
of the General Court, copies of correspondence which I 
have liad with His Excellency, the Governor of Maryland, 
showing the disposition which has been made of the sura 
of seven thousand dollars placed at my disposal by an Act 
of the General Assembly of that State on March 5tli, 1862, 
" for the relief of the families of those belonging to the 
Sixth Regiment of Massachusetts Volunteers who were killed 
or disabled by wounds received in the riot of the nineteenth 
of April, in Baltimore." A copy of that Act was trans- 
mitted to the General Court of 1862, and is printed in 
House Document, No. 351, of the series of that year. 

[To the House of Representatives, March 21.] 

I herewith tfansmit for the information of the General 
Court, the Report bearing date of March 17th, which I have 
received from Major Blake, the Provost-Marshal General 
designated for Massachusetts by the Secretary of War during 
the year 1862, and who was ordered to report to the Gov- 
ernor of this Commonwealth. 

I respectfully invite attention to the interesting and well 
arranged statistics compiled from the returns made by the 
cities and towns to the office of the Provost-Marshal General. 
I also respectfully commend to the consideration of the 
General Court the suggestions of legislation which are sub- 
mitted by Major Blake as a result of his experience in the 
performance of his duties. 

Under the recent law of Congress known as the Conscrip- 
tion Act, a new system is provided for the discharge of the 
duties hitherto incumbent on the provost-marshal generals 
appointed for the various States, and those officers liave been 
relieved from further service. In presenting this Report, 
which therefore covers the whole official term of the officer 
by whom it is made, acknowledgment is due for his intelli- 



646 SPECIAL MESSAGES. 

gent and valuable services, although restricted in his opera- 
tions by the insufficient pecuniary means provided by the 
Federal Government for meeting expenses. 

[To the House of Representatives, March 31.] 

In compliance with the request of the House of Represen- 
tatives, received by me this morning, for a statement of the 
claims, if any, which have been audited and allowed under 
section three, chapter one hundred and fifty-six of the Acts 
of 1862, by the Commissioners on the Troy and Greenfield 
Railroad and Hoosac Tunnel, I have the honor to communi- 
cate herewith, for the information of the House, copies of 
three schedules, marked A, B and C, respectively, which 
contain statements of the several claims audited and allowed 
by the Commissioners, as set forth in their return thereof, 
to the Governor and Council. 

It will be perceived that the aggregate of these schedules 
exhausts the whole appropriation applicable under the Act 
above mentioned to all the claims intended thereby to be 
provided for. 

[To the House of Representatives, April 10.] 

I have the honor to transmit herewith to the General 
Court, a communication received at the Executive depart- 
ment from His Excellency the Governor of the State of 
Maine. I would respectfully suggest the propriety of caus- 
ing inquiry to be made, through a committee of the Legisla- 
ture, with the view of ascertaining whether any thing is due 
from this Commonwealth to the State of Maine, on account 
of the matters alluded to in this communication of the 
Governor ; and for that jDurpose to hear any allegations, 
proofs and arguments which may be proposed on behalf of 
the State of Maine, by the gentleman who is accredited as 
her agent. 



CHANGE OF NAMES. 



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CHANGE OF NAMES. 



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.2 


,'t 


_CJ 


.3 






2 

5 








1— 1 


o 




^ 


• 






C 


• 


• 


• 


• 




• 








<u 


















^ 


•^ 


















^ 




















o 


a 




















Q-i 










.^ 








^ 












;.: 








rt 












o 








Ph 


y 


• 


^ 


* 


.- 


3 










tfi 














^ 


Tl 






M 


tZ) 


rt 


r-t 


-id 




to 


^ 


i^n 


-"^ 


Ird 


o 


> 




o 


^ 






n 




rt 


3 


ert 






c 
o 




is 


< 




15 




O 


< 


« 


^ 
o 


w 


•¥ 


I-tH 


O 


K 


fi 


w 


P3 


P-i 


to 


^ 


o 


O 


_QJ 


.2 


i) 


3 


.5 


c3 
1— 1 


s 


-a 








1— ( 
t-4 




.s 

1=^ 


T3 
<1 


r-1 


1— ( 


li^T 


iO 


lO" 


• 


• 


• 


• 


oT 


l-( 


T-( 


CM 


Ol 


(^j 










^ 


>^ 










I— ( 


lO 






Ol 


t? 










i-H 


OJ 


.^ 




3 
u 


^ 


:J 


- 


^ 






1— 1 


CO 


cc 



CHANGE OP NAMES. 



649 













S 






to 




- 




n 








."-I 


to 


h 


, ! 




1 ; 


^ 


c 


3 
n 















E 




p 


c5 


^ 


^^ 





.J 


en 




• 




c 












u 
































^ 




■•^^ 






• 















s 

2 
5 







C 

c 

< 








c 

5 


•^ 




c 


r 




■*:^ 





« 


rt 





c 








C 
C 


<: 





1— 1 
1— ( 

c 
"o 


a 
S 

S 


• 
















c 




























































— ' 




^ 


_5 






^ 




f-' 


■— ( 






:: 







i) 






<: 


>^ 





P 


^ 


m" 








CO 


cS 









rt 

















■i 


rt 


K 


c 


-0 







C=4 




w 



1— 1 


t— 1 


C5 




•^ 




c 


•— ■ 


G 
•-5 


c 


•-3 


,3 

<5 






s 


• 


• 








• 






»— 1 


»— 1 


»-H 


n 


«., 


•« 




1— 1 


»H 


CI 


-TH 


(/J 












CI 









« 


^- 




>ii 






,r> 














-S 


3 





3 


3 


















■^ 



















J2; 






'-^ 



,a 






















to 






















3 
























3 


in 


3 


3 


3 
03 


s 

« 
-S 


c 

CS 

r3 


a 

CS 





3 



CJ 
CJ 


S 


i) 


^ 




'y 


CJ 





<U 


3 
CJ 


~5 
















CJ 


Ol 


V 


CI, 






CC 


hJ 


Ph 


k4 


^^ 


P-, 


Ph 


Oh 


M 


CD 


P- 













, 














s 





































































?s 




^ 


















^ 


^ 


8 


1— ( 








>> 














C 

S 








p 


to 


S 


<u 


> 





1— 1 










.2 






to 
P-I 






1— 1 




^ 






0) 


a 





3 


'3 





s 



'-1 




OJ 






cS 


1— 1 


hH 


.2 




N 


t3 
< 




s 


3 
C3 


.2 


< 




QJ 
CJ 

P=H 


.2 

5 

CJ 


• 




• 


-i^ 






• 


• 












^ 
g 












^^ 






3 






























>> 


^ 


^ 


/-; 


3 






„ 


tB 







1^ 


-Ci 


^ 





ci 


3 


rT 





tij 






'tj 










-i-> 
















3 


3 

CS 

3 


t— ( 

3 
CS 


2 


S 
2 


CJ 




1 




3 


CJ 


R 


<a 


3 




y 


J3 





p 




CJ 


.2S 


C3 

'3 



0) 

.2 


tc 

3 


<-- 

!« 

a 





2 


CS 

-3 

3 


2 
>> 

"cS 


CJ 

OS 

CJ 

CJ 




.2 

OJ 


I-) 


1-1 


<5 


w 


t-s 


P4 


K 


<! 


W 


f^ 




-iT 


• 




• 






• 


• 






1—1 
























t. 


-^ 


-^ 


•^ 


"!J1 


•^ 


"^ 


^ 


„ 






«; 




















rt 




.j!2 
















CO 
























C 
■-3 




s 


' 


'^ 


■^ 


^ 


" 


< 


- 


>> 

S3 



650 



CHANGE OF NAMES. 



O 



1 






















































A 














s 






fc/D 


^ 


s 


C 






C 



-a 







3 




01 


to 







































'v3 

O 


a 
o 

.S 
o 












Ph 


ca 

c 

02 


^3 

s 


H 


< 



'p 

s 



1 


i-q 






-3 

a 






3 


1 




• 


• 




• 






• 


• 


' 


3 



'5 


• 


• 


• 




• 










^ 



































f- 














s 



































l^ 














































o 











r-r 





















r^ 




f 


•^3 




"n 


pq 




to 






cT 


. 




5 






3 

>-q 


3 

-3 


'p" 





oT 


3 


3 
3 


a 

.2 




s 
a 


c 

-a 







p-l. 


1— 1 

m 




C 

a 





g 
T' 
rt 
^ 




g 




<s 

< 


3 




c 






5 


2 

^ 


i 


0) 







.2 
'a3 




to 





2 

"S 

3 


.2 





>. 

^ 
^ 




< 


O 


^ 








f^ 





^ 





^ 





<!l 


i-q 


J 


CJ 


< 


s 

a 
'A 


o 


• 


• 


rg 


a> 


' 


!:1h 


• 


• 


• 




>^ 


• 


• 




• 


o 


o 

3 
3 
3 
<1 


o 

Q 


pq 
eq 


S 

CO 


d 

C 
4) 

pq 

1 



s 




13 
Pi 

b 

03 
P-l 



tn 

QJ 
G 
U 

.2 

N 


s 








i 


c3 





.'tc 

u 
a 

1— 1 


a 

3 
t— ( 


.1 

kr-l 


c 

Q 

CO 

3 
3 
<5 




s 


o 




!l 







c 








1" 







.2 

'3 

3 


.2 


03 


^ 

rj2 




< 


O 


h^ 





<^ 


Pm 





^ 








<; 


< 


i-q 


<J 


<J 




« 






• 




• 


• 


• 


• 


• 


• 


• 


' 


• 


• 


• 


o 


CO 

c 


CO 


I— 1 

'3 


1— 1 


10 
3 

to 

3 


10 


OJ 

S 

3 


(M 


CO" 
CI 

1 

CJ 


a 

!> 




-"ti 


(M 

u 

a 

OJ 




(N 


CJ 


CN 


(M 




►^ 






<^ 




02 







^ 




« 











CHANGE OF NAMES. 



651 



c 






o 












c 




-3 


a 


Tl 




c3 


y 


(::: 




«r 






a 




• 




• 




c 






o 


















o 


o 




r=i 






O 


o 


cu 


ii 


l-H 




CJ 


.5 








O 




^ 




r 




Pt 


<1 






c3 

■3 


W 
,>-. 


,a 


■^ 




a 


e3 




,^ 


^ 


S 




• 


• 


Si 






<B 


J^ 


• 


















« 


^ 


cc 





P^* 


W 


p-l 

c3 




5 


'0 








r9 


'^ 






S 








• 


• 


^ 


■^ 




t' 


>> 




>^ 






h 






a 


3 


^ 


c 


-~ 


'C 




Ji^ 


< 







t5 




1 




t3 


aj 













'3 


"o 
























^ 


CI. 
02 


M 


l-H 






• 


a. 

























































^.^ 




PP 





















V 









d 
a 


s 

c3 


c" 














02 


3 


<5 








•-3 


r-i 


-< 


>^ 






u 






n 


a 


^ 


^5 





& 

TJ 


-Q 








*-^ 


w 


<; 
























!z; 










w 











Q 


H 








P4 


C3 




• 


" 












<i 










<1 


a 








K 


.5 



c 






• 




Ph 


oT 


tn 


a 






;-i 


U 






-^ 





< 


< 




>> 


P-i 


TS 


Si 






eS 


Si 










rt 








« 


^ 









'1 


'3 


r3 




02 


•-S 


w 


< 




■* 




• 







>> 


^ 








cS 


-^ 

^ 




-a 




(1 





a> 


« 




.a 


^^ 


c 


> 




a) 


S 


p 
•^ 




2i 


















^3 


'S 








^3 


^ 
3 




y3 




(SI 


to 

C 


b 



C 

CS 


^ 


J 


,rj 


*- 


Jii 


a) 


fc. 


;h 


rt 















^ 


s 


02 


^ 


^ 


<; 





P5 


• 


• 


• 




• 


cT ■ 

















r. 









& 




c3 





n 




H 




P 












sS 


1^ 


»=i 


rd 




H 







_c 


<15 


^ 


•••5 


rt 











^ 







^ 


s 










>< 

rt 

S 




c3 


m 


r^ 


•*-' 




.9 


^ 


<1 


^ 


^ 


Q 






h-5 






.2 
1 




• 






• 




>-t 


. 


• 


• 


• 




Si 












a 












-a 












P^ 


• 






• 




u 

































^ 




^ 




•* 



























^ 


c 

> 

.2 




Ph 
a 
.S 


Si 
V 

a 
a 



P4 


a 

Ph 


c 
c 
3 
;z5 


c3 


>> 


Si 


>^ 


fl 














e3 











a> 





S 





<i 


l-H 
l-H 


w 




• 


• 


• 


• 









C5 






>— 1 


lO 


Si 

a 


^ 


^ 


t^ 




»— 1 


Ei) 





b 








a 



CS 

3 
u 


&, 


Ch 




ri 


^ 


^ 



CO 



02 





1-3 





652 



CHANGE OF NAMES. 





6 
















































ts 




2 




13 






• tn 


13 


^ 


"3 




& 


s 


y3 





^ 






Co 







dj 






rs 


,^ 


d 


^ 






< 


Ph 


cq 


cc 




-6 


• 


• 


• 






o 


• 


• 


• 






;-• 
























Q 




M 








o 




o 








S 
a 




« 

^ 


^ 


i 




'A 


^ 




b 


S 






c3 
















Ph 


1— ( 


Ph 








nJ 





k-^ 


^ 






cc 




r^i 










^ 










O 
1-1 


6 


1— ( 


^ 
« 




6 


. 






. 
















S 












a 












a 
























03 












C 


• 




^ 


• 




Tc 


^ 




a 


















O 


a 


^ 



a 


"3 






.s 


c 


C3 


^ 






s 


^ 


K 









N^ 


►-5 


rg 








d 


OJ 


>^ 






c3 





rO 


r^ 






.22 


t3 


C3 


r:i 






3 


Lh 


_N 






O 


3 




S-t 






^q 





S 


w 




(U 












^ 












ti 












p 


N 










o 








of 







'^TtT 


„ 








-a 


i—l 





a 








"u 


>-. 


0) 







<« 


p^ 


ce 


Ol 






^ 


< 


S 


p 



C§ ^ O- 



O P^ 






o C 

a 



O 



W 



W 






Ph 


•-^ 


(K 


;h 




OJ 


CTi 


a 


(B 


a 


-3 


3 


<! 



^ o K 



^ «< C/2 



a i^ 









N 


M 


^ 


3 


3 


& 


3 




a 


ce 


es 


\i 


<u 


H 


H 


m. 


;zi 



•i s 



pq ti 



K-3 M 1-1 -51 



o 

.5 — • 



(1h 



p:; 



!- to 

cu 3 



CHANGE OF NAMES. 



66:) 



M 5 



. a 

o 
^ o 



to . 

o 3 



O IS 

"a f 
5 — 









•^ 


C 


o 


o 






> 
o 

c 


(-r 


<p 


c 


^ 








^ 


o 


w 


^ 


tf 




• 


• 


















o 


o 


s 


> 








0) 


^ 




> 


o 


u 




^J 


a 


02 


> 


U3 


<1 




15 


c« 


o 


a 


-Q 


a 


'— ' 


n! 


rt 




Irrl 




i-s 


("^ 


h- 1 


• 


• 


* 




• 


• 










»M 






OJ 


'P 










-*-* 


rt 


^ 




CJ 


o 




CC 


o 


l-l 




§ 


>^ 


O 


<=1 


I-' 


15 


rt 


cy 


a 


^ 




3 
1-3 




rt 


^ 


1— 1 


• 




• 




». 


CO 




*— 1 


CI 




1— • 




















-a 


^ 


to 


o 


p 1 


s 


w> 


-< 


<5 


O 















d 


a 






CJ 


o 


rt 


rt 


rn 




o 


0) 


,J3 




"^ 


c 


^ 


53 












e« 


rt 


s 


3 






o 


^ 

o 






^ 


^ 


• 


tT 






• 


• 




o 








































































"~> 










c 
c 


fcf. 

c 

3 
O 


S 
a 

3 






of 

a 




a 




"3 


a 

in 

)4 


? 

rt 




u 


li-l 


k^ 


ja 




f^ 


h 


.==5 


>-, 




K* 






3 




3 

CC 


tc 


> 


> 


rt 


3 
















n 


—! 


3 




O 


o 


M 


W 


<! 


l-H 


O 


• 


tT 


• 


• 


• 


• 




o 








^ 


. 


c 


^T 


jj~ 




m 

a 




3 
•—> 




^ 




cS 


fcO 


to 

3 






CI 


!>■ 


3 


3 






•^ 


>■ 


O 


O 


S 


CC 


rz 


ei 


r-i 


kt 


«fl 


n 


q 


Ch 


o 


« 


-n 


3 


CC 


> 


i 


a 

CC 


c5 


<1 


3 


3 


a 


3 


O 

»-3 


^ 




• 


• 


• 




. 


o 

CI 


O 
CI 


i-H 


1— 


b- 


1—1 


>-. 




<B 








ei 


;; 


3 


— 


-* 


>• 


^ 




•-3 









3 



a 



p-( 



2 ffj 



n 


to 






rt 


'C 


_o 


3 


:^ 




P^ 


4^ 


rt 


O) 






O 


'^ 


;^ 


3 




3 



45 



THE 



CIVIL GOVERNMENT 



Commonbeciltlj of P^assacljusetts, 

AND OFFICERS BDIEDIATELY CONNECTED THEREWITH, 
FOR THE POLITICAL YEAR 

18 6 3. 



EXECUTIVE DEPARTMENT. 



HIS EXCELLEXCY 

JO HIST A. AIsTDEEAY 
GOVERNOR. 

ALBERT G. BROWNE, Jr., Private Secretary. 



HIS HONOE 

JOEL H A Y D E IS^, 
LIEUTENANT-GOVERNOR. 



COUNCIL— (Br Districts.) 



I.— PETER T. HOSIER. 
II.— GERRY W. COCHRANE. 
III.— JAMES M. SHUTE. 
IV.— ALFRED HITCHCOCK. 



v.— ZENAS M. CRANE. 
VI.— JONATHAN D. WHEELER. 
VII.— FRANCIS W. BIRD. 
VIII.— SAMUEL OSBORNE, Jr. 



OLIVER WARNER, 

Secretary of the Commonwealth. 
CHARLES W. LOVETT, Ut Clerl. ALBERT L. FERNALD, 2d Clerk. 

HENRY K. OLIVER, 

Treasurer and Receiver-General. 
DANIEL H. ROGERS, 1st Cleric. ARTEMAS HARMON, 2d Clerk. 

D WIGHT FOSTER, 

Attorney-General. 
DANIEL A. GLEASON, Clerk. 

LEVI REED, 

Auditor of Accounts. 
JULIUS L. CLARKE, Clerk. 



GENE R A L CO (I R T : 

Ai!uangi;d IX Accoudanck with thf. Disruicr System of 1857. 



SENATE. 



President— J O N A T II A N E . FIELD 



District. 


Name of Senator. 


Residence. 




First Suffolk, . 


Mellen Chamberlain, . 


Chelsea. 




Second " 


John C. Tucker, 


Boston. 




Third " 


Peter Harvey, . 


(( 




Fourth " 


George A. Shaw, 


a 




Fifth 


Benjamin Dean, . 


u 




First Essex, 


William F. Johnson, . 


Lynn. 




Second " 


Israel W. Andrews, . 


Danvers. 




Third " 


Thomas Wright, . 


Lawrence. 




Fourth " 


Henry Carter, . 


Bradford. 




Fifth 


John I. Baker, . 


Beverly. 




First Middlesex, . 


Erastus 0. Haven, 


Maiden. 




Second " 


Joseph Breck, 


Brighton. 




Third 


Thomas Rice, 


Newton. 




Fourth " 


Francis Brinley, . 


Tyn[!sborough. 




Fifth 


Horace P. Wakefield. . 


Heading. 




Sixth " 


Samuel A. Brown, 


Lowell. 




Central Worcester, ^ . 


1 Hartley Williams, 


Worcester. 





658 



SENATE. 



District. 


Name of Senator. 


Residence. 


South-East Worcester, 


William K. Hill, 


Sutton. 


South-West 


Asher Joslin, 


Webster. 


West 


George Whitney, 


Royalston. 


North-East " 


Joel C. Allen, . 


Leominster. 


East 


Hosea Crane, 


Millbury. 


Hampshire, 


Albert Nichols, . 


Chesterfield. 


Franklin, . 


Robert Crawford, 


Deerfield. 


Hampshire & Franklin, 


George H. Gilbert, . 


Ware. 


West Hampden, . 


Milton B. Whitney, . 


Westfield. 


East 


George D wight, . 


Springfield. 


North Berkshire, 


Edwin F. Jenks, 


Adams. 


South " 


Jonathan E. Field, 


Stockbridge. 


North Norfolk, . 


William D. Swan, 


Dorchester. 


East " 


Francis M. Johnson, . 


Quincy. 


West 


Otis Cary, .... 


Foxborough. 


North Bristol, 


Harvey M. Richards, . 


Attleborough. 


South " 


Francis W. Mason, 


Dartmouth. 


West 


William L. Slade, . 


Somerset. 


North Plymouth, 


Solomon J. Beal, 


Cohasset. 


South 


Joshua E. Crane, 


Bridgewater. 


Middle " 


James H. Mitchell, 


E. Bridgewater. 


Cape, 


R. H. Libby, 


Wellfleet. 


Island, 


Nathan Crocker, 


Barnstable. 



STEPHEN N. GIFFORD, Ckrh. EDWARD W. CLARK, Chaplain. 

JOHN MORISSEY, Sergeant-at-Arms. 



HOUSE OF REPRESENTATIVES. 



.Sy;eaier— ALEXANDER H. BULLOCK. 



COUNTY OF SUFFOLK. 



IJame of Renresentative. 



1st, 
2d, 

3d, 
4th, 
5th, 
6th, 
7th, 
8th, 
9th, 
10th, 
11th, 

12th, 



Ward 1, Boston, 

Ward 2, Boston, 

Ward 3, Boston, 
Ward 4, Boston, 
Ward 5, Boston, 
Ward 6, Boston, 
Ward 7, Boston, 
Ward 8, Boston, 
Ward 9, Boston, 
Ward 10, Boston, 
Ward 11, Boston, 

Ward 12, Boston, 



John Dacey, 
Eneas Smyth, . 

Josiah M. Read, 
Hiram A. Stevens, 
Austin Gove, 

James L. Hanson, 
John F. Flynn, 

John A. Stevens, 
Charles Merriam, 

John Bigelow, . 
Augustine G. Stimson 

Peleg W. Chandler, 
George P. Clapp, 

James Riley, 
Henry W. Foley, 

Otis Rich, 

James E. Farwell, 

Daniel G. Grafton, 
Charles Nowell, 

Samuel H. Gibbens, 
Cyrus Ilicks, 

Jonathan A. Lane, 
Ambrose A. Rauney 

Samuel Leeds, . 
Thomas Leavitt, 
Benjamin F. Bayley, 



Boston. 

a 

Boston. 

u 

Boston. 

a 

Boston. 

Boston. 

(1 

Boston. 

ti 

Boston. 
Boston. 
Boston. 
Boston. 

u 

Boston. 

(( 

Boston. 



660 



HOUSE OF REPRESENTATIVES. 

COUNTY OF SUFFOLK— Concluded. 



District. 


Town or W 


ard. 


Name of Representative. 


Residence. 


13th, 


( Chelsea, . 

} North Chelsea, 

( Winthrop, 


' ! L-a Cheever, 

• r Noble M. Perkins, . 


Chelsea. 


COUNTY OF ESSEX. 


1st, 


f Amesbury, 

j Salisbury, 
1 Ward 6, Newbury 
l_ port, . 


■i 


John E. Cowden, 
John D. Pike, . 


Amesbury. 
Newburyport. 


2d, 


Andover, . 


• 




Peter Smith, 


Andover. 


3d, 


r Beverly, . 
■} Wenham, 
( Topsfield, 


• 


■■} 


Robert S. Foster, 
Robert R. Endicot, . 


Beverly. 


4;h, 


Danvers, . 






James W. Putnam, . 


Danvers. 


otb. 


f Essex, 

[ Manchester, 




■■} 


Daniel Leach, Jr., 


Manchester. 


6th, 


< Georfjetown, 
1 Groveland, 




•I 


Thos. M. Hopkinson, 


Groveland. 


7th, 


Gloucester, 




.1 


Benjamin H. Smith, . 
James S. Jewett, 


Gloucester. 


8th, 


Haverhill, 






Calvin Butrick, . 
Gilman Corning, 


Haverhill. 


9 th, 


j Ipswich, . 
I Hamilton, 


• 




Alfred Kimball,* 


Ipswich. 


10th, 


( Wards 3 and 4, Law 
1 rence, . 




John J. Doland, 


Lawrence. 


11th, 


(Wards 1, 2, 
I Lawrence, 


and 6 




Lemuel A. Bishop, 


Lawrence. 


12th, 


Wards 2 and 5 


, Lynn 




Oliver Ramsdell, 


Lynn. 


13th, 


5 Wards 1, 6, . 
I Lynn, . 


md 7, 




Aza A. Breed, 


Lynn. 


14th, 


( Marblehead & Ward 
I 5, Salem, 




Darwin E. Ware, 
Joseph H. Robinson, . 


Marblehead. 



* Elected January 26, vice George W. Ueard, resigned, by reason of inability to attend and 
qualify. 



HOUSE OF REPRESENTATIVES. 

COUNTY OF ESSEX— Concluded. 



6(U 



District. 



Town or Want. 



Kame of Representative. Ilcsidenec. 



ir.*i (Methuon, and Ward) I ^ i -n t 

^-^^•''ll 5,L.wronce, .f Jacob Emerson, Jr., 

I' 
iftfk ' S ^a'l^nt, and Ward 4, > \ rj , • •, i^ 
loth, : ) I . f I •/-iachanali Graves, 

r Newbury, . ."^ 

17th, -| West Newbury, . >• Amos Bishop, . 
(Kowley, . . .) 

1 Qti, S Wards 1 and 2, New- ) n y -u r^ i • 
loth, -; , ' \\ Caleb Cushinjj, . 

10.U (Wards 3, 4, and 5, M -^ t /^ 

^^'^ \ Newbu;yrort, . | i ^^«^S« ^- ^^^^S^' 

! ( Bradford, . 
20th, \ North Andover, 



I 



I / Boxford, . . \\ 

21st, i Rockport, 

22d, Wards 1 & 3, Salem, 

23d ^ "^^a/f^s 2, 4, and G, ) 
' I i Salem, . . <" 

I 
I 

! ( Saugus, . 

24th, -^ Lynnfield, 

( Middleton, 

25th, South Danvers, 

I 
9gjjj J J Swampscott, & Ward ] 

' 1 J 3 T .I'nn ' f 



i I 8, Lynn, 



John Perley, 

David Bremner, 

Samuel R. Hathaway, 

John Bertram, . 
. j" j James A. Gillis, 

John Howlett, . 

WiUiam H. Little, . 
Henry W. Warren, . 



■ \ 



Methuen. 
Lynn. 

Rowley. 

Newburyport. 
Newburyport. 

Bradford. 

Rockport. 

Salem. 

Salem. 

Saugus. 

South Danvers. 
Lynn. 



COUNTY OF MIDDLESEX. 



1st, 


Ward l,Charlestown, 


Horatio Wellington, . 


Charlestown. 


2d, 


5 Wards 2 & 3, Charles- ( 
i town, . . . i 


William 1). Long, 
Abel E. Bridge, 
Phinehas J. Stone, . 


Charlestown. 


3d, 


Somerville, 


Chester Guild, . 


Somerville. 


4th, 


Maiden, . 


George W. Copeland, 


Maiden. 



46 



662 



HOUSE OF REPRESENTATIVES. 
COUNTY OF MIDDLESEX— Continued. 



District. 


Town or City. 


Name of Representative. 


Residence. 


5th, 


Medford, . 




John Stetson, , 


Medford. 


6th* 


( West Cambridge, 
I Winchester, 


} 


Frederick 0. Prince, 


Winchester. 


7th, 


Cambridge, 


1 


Charles F. Choate, . 
P. Francis Wells, . 
Knowlton S. Chaffee, 


Cambridge. 


8th, 


( Newton, . 
1 Brighton, . 


} 


David H. Mason, 
Isaac Hagar, 


Newton. 


9 th,* 


( Watertown, 
I Waltham, 


} 


James G. Moore, 
Winth'p W. Chenery, 


Waltham. 
Belmont. 


10th, 


r Concord, . 
■< Lincoln, .• 
(Weston, . 


1 


George Heywood, 


Concord. 


11th, 


Natick, . 




Nathaniel Clark, 


Natick. 


12th, 


j" Holliston, 
I Sherborn, 


\ 


Abijah R. Leland, 


Sherborn. 


13th, 


( Ashland, . 
I Ilopkinton, 


\ 


Erastus Thompson, . 


Hopkinton. 


14th, 


Framingham, . 




James W. Clark, 


Framingham. 


loth, 


Marlborough, . 




Francis Brigham, 


Marlborough. 


16th, 


( Stow, 

) Sudbury, . 

( Wayland, 


] 


Harrison A. Shorey, . 


Wayland. 


17th, 


f Acton, 

J Box borough, . 
j Littleton, . 
l^ Carlisle, . 


1 

1 

J 


John R. Whitcomb, . 


Littleton. 


18th, 


rBiirliuffton, 
.] Bedford, . 
( Lexington, 




William A. Tower, . 


Lexingtdn. 


19th, 


Woburn, . 




George H. Conn, 


Woburn. 


20th, 


( South Reading, 
■^ Melrose, . 
( Stoneham, 


is 


Isaac Emerson, . 
Leander F. Lynde, . 


Melrose. 
Stoneham. 



♦ Town of Belmont incorporated 1859, embracing portions of Districts 6 and 9. 



HOUSE OF REPRESENTATIYES. 

COUNTY OF ^IIDDLESEX— Concluded. 



663 



District 



21st, 
22d, 

23d, 

24th, 

25th, 

26th, 
27th, 



Town or Wnrd. 



Name of Representative. 



Reading, . 
Korlh ixeading, 

Wilmington, 
Tewksbury, 
Billerica, . 

Wards 1, 2, and 
Lowell, 



j Wards 3, 4, and 
( Lowell, 



( Chelmsford, 
-< Dracut, . 
{ Tyngsborough, 

f Shirley, . 

Groton, . 

Dunstable, 
I Westfbrd, 
LPepperell, 

5 Townsend, 
I Ashby, 



t J. Brooks Leathe, 
Joshua Clark, . 



Paul Hill, . 
Lorenzo G. Howe, 
Frederic Holton, 

Tappan Wentworth, . 
John A. Buttriek, 
Joshua N. Marshall, . 



Atkinson C. Varnum, 



Isaac O. Taylor, 
Albert Leighton, 



Abram S. French, 



Reading. 

Tewksbury. 
Lowell. 

n 
u 

Lowell. 

(( 

u 

Dracut. 



Dunstable. 
Pepperell. 



Townsend. 



COUNTY OF WORCESTER. 



1st, 


5 Ashburnham, . 
( Winchendon, . 


} 


Thomas Boutelle, 


Ashburnham. 


2d, 


1 Athol, 
( Royalston, 


I 


Alpheus Harding, Jr., 


Athol. 


3d, 


TDana, 

■} Petersham, 
( Phillipston, 


1 


Edward Powers, 


Phillipston. 


4th, 


( Templeton, 
( Hubbardston, . 


i 


Horace Underwood, . 


Hubbardston. 


5th, 


( Gardner, . 

\ Westminster, . 




Franklin Wyman, 


Westminster. 



664 



HOUSE OF 

COUNTY OF 



REPRESENTATIVES. 

WORCESTER— Continued. 



District. 


Town. 


Name of Representative. 


Kesidence. 


6lh, 


fFitchburg, 
J Leominster, 
j Sterlinsr, . 
[^Lunenburg, 


'•1 

1 

•J 


William H. Vose, 
Hale W. Page, . 
Luke Sawyer, . 


Fitchburg. 

u 

Sterling. 


7th, 


( Harvard, . 
■} Bolton, 
( Berlin, 


:| 


E. Hartshorn, . 


Berlin. 


8 lb, 


< Clinton, . 
1 Lancaster, 


:1 


John L. S. Thompson, 


Lancaster. 


9th, 


r Princeton, 
■) Rutland, . 
( Oakham, . 


:S 


Joseph Diivis, . 


Rutland. 


10th, 


C Barre, 
1 Hard wick. 


:1 


J. Henry GodJard, . 


Barre. 


11th, 


r Warren, . 

J West Brookfield, 

(New Braintree, 


;! 


Saxton P. Martin. 


New Braintree. 


12th, 


( North Brookfield, 
I Brookfield, 


•1 


Thomas Bond, . 


Brookfield. 


13th, 


f Leicester, 
1 Spencer, . 


■■} 


Luther Hill, 


Spencer. 


14th, 


C West Boj'lston, 
^ Holden, . 
( Pa.xton, . 


■■} 


Linus M. Harris, 


West Boylston 


1.5 th, 


( Shrewsbury, 
< Northborough, . 
( Boylston, . 


■i 


Horace Kendall, 


Boylston. 


16th, 


j Westborough, . 
( Southborough, . 


:} 


Samuel M. Griggs, . 


Westborough. 


17th, 


Grafton, . 




William G. Scandlin, 


Grafton. 


18th, 


1 Northbrldge, . 
( Upton, 


■■} 


William Kendall, 


Northbrldge. 


t 

19th, 


IMilford, . 


■\ 


Aaron C Mayhew, . 
H. 0. Lothrop, . 


Milford. 


20th, 


( U.xbridge, 
1 Mendon, . 


■■} 


William C. Capron, . 


Uxbridge. 



HOUSE OF REPRESENTATIVES. 
COUNTY OF WORCESTER— Conoluded. 



665 



District. 

21st, 
22d, 

23d, 

24th, 

25th, 

26th, 
2Tth, 
28th, 
29th, 



Town or Ward. 



Blackstone, 

\ Webster, . 
} Douglas, . 

( Sontlibridge, 
I Dudley, . 

< Charlton, . 
I Sturbridge, 

f Oxford, . 

< Sutton, 
(Millbury, . 



^ Auburn, and Ward 
\ 6, Worcester, 

( Wards 1 and 2, Wm-- 
( cester, . 

5 Wards 3 and 8, Wor- 
l coster, . 

( Wards 4 and 5, Wor- 
\ cester, . 



Name of UepreseiUative. 



30th, I Ward 7, Worcester, , 



Channing Smith, 
F. D. Brown, . 

Calvin A. Paige, 

Elisha Southwick, 



Moses S. Johnson, 
Jason Waters, . 



Elbridge G. Warren, 

Samuel Souther, 

Warren Williams, 

Vernon A. Ladd, 
Alex'r H. Bullock, . 



Blackstone. 
AVebster. 

Southbridge. 

Sturbridsje. 



Oxford. 
Sutton. 



Auburn. 

W^orcester. 

AVorcesI er. 

Worcester. 
Worcester. 



COUNTY OF HAMPSHIRE. 



1st, 



2d, 



3d, 



4th, 



f Easthampton, 
J Hatfield, . 



Northamjiton, 



l_ Southampton, 

f Chesterfield, 
J Huntington, 
i j Westhampton, 

l_ Williamsburg, 

f Cumniington, 
j Goshen, . 
■{ Middlefiold, 

Plainfield, 
[_ Worthington, 

(Hadley, . 
( South Hadley, 



Erastus Hopkins, 
Eli A. Hubbard, 



Daniel F. Morton, 



1 
I 
}■ Almon Mitchell, 



I j Stephen C. Weld, 



Northampton. 
Easthampton. 



Williamsburs. 



Cummington. 



South Hadley. 



666 



HOUSE OF EEPRESENTATIVES. 
COUNTY OF HAMPSHIRE— Concluded. 



District. 


Town or Ward. 


Kame of Representative. 


Residence. 


5th, 

6th, 


( Amherst, . . .') 
4 Granby, . . .)- 
(Pelbam, . . .) 

'Belchertown, . .^ 

Enfield, . 
■< Greenwich, . . )■ 

Prescott, . 
,Ware, . . .J 


Samuel Smith, Jr., . 

Joseph Hartwell, 
William N. Fay, 


Granby. 

Ware. 
Belchertown. 



COUNTY OF HAMPDEN. 



1st, 

2d, 
3d, 

4th, 

5th, 

6th, 

7th, 

8th, 

9th, 
10th, 

11th, 



fBrimfield, 
J Monson, . 
I Holland, . . . . 
L Wales, . . .J 

Palmer, . 

5 Wilbraham, . . ] 
( Longmeadow, . . | 

$ Wards 1 & 2, Spring- ) 
I field, . . .; 

< Wards 3 & 4, Spring- ) 
i field, . ! °.| 

( Wards 5, 6, 7 and 8, ) 
( Springfield, . . ) 



( Chicopee, 
I Ludlow, . 

^ Holyoke, . 

} West Springfield, 

Agawam, . 
Southwick, 
Granville, 

Westfield, 

' Chester, . 

Blandford, 

Tolland, . 

Montgomery, . 
_ Russell, . 



Newton S. Hubbard, , 

James S. Loomis, . . 
Luther Markham, 

Eliphalet Trask, 

Daniel L. Harris, 

Harvey E. Moseley, . 

James M. Smith, 
William Thayer, 

Richard Pettee, 

Samuel Flower, 
Henry J. Bush, 

William M. Lewis, . 



Brimfield. 

Palmer. 
Longmeadow. 

Springfield. 

Springfield. 

Springfield. 
Chicopee. 

Holyoke. 

Agawam. 
Westfield. 

Blandford. 



HOUSE OF REPRESENTATIVES. 
COUNTY OF FRANKLIN. 



G67 



District 



1st, 



2d, 



3d, 



4th, 



5th, 



6th, 



7 th, 



CRernardston, 

Colrain, . 

Greenfield, 

Gill, 

Lejden, . 
^ Shelburne, 

rBuckland, 
Charlemont, 

\ Heath, . 
Monroe, . 

[_ Rowe, 

TAshfield, . 
J Conway, . 
( Hawley, . 

( Deerfield, 
I Whately, . 

f Leverett, . 
J Shutesbury, 
) Sunderland, 
1, Wendell, . 

fErvinrr, . 

■< Montapue, 
( Northfield, 

New Salem, 
Orange, . 
Warwick, 



JTamo of Representative. Residence 



Henry L. Pratt, . Greenfield. 
Cheuery Pufier, . Shelburne. 



Gilbert B. Hayes, . Buckland. 
Franklin Pease, • Conway. 



Cyrus A. Stowell, 



Deerfield. 



Avery D. Hubbard, . Sunderland 



Samuel W. Button, 



Increase S. Lincoln, . 



Northfield. 



Warwick. 



COUNTY OF BERKSHIRE. 



1st, 



2d, 



f Hancock, . 
J Lanesborouph, 
j New Asbford, 
l_ Williamstown, 

Adams, 
Cheshire, . 
Clarksburg, 
Florida, . 
l_ Savoy, 



Daniel Day, 



George W. Adams, 
Sylvester A. Kemp, 



Lanesborough. 



Adams. 
Florida. 



668 



HOUSE OF REPRESENTATIVES. 

COUNTY OF BERKSHIPtE— Concluded. 



District. 


Towu or City. 


Name of Kepresentative. 


Residence. 


3d, 


( Pittsfield, . 
-> Dalton, . 
( Richmond, 


i 


Burr Chamberlin, 
John V. Barker, 


Dalton. 
Pittsfield. 


4th, 


fBecket, . 
1 Hinsdale, . 
{ Peru, 
1 Washington, 
[ Windsor, . 


•1 


Jarvis Rockwell, 


Hinsdale. 


5th, 


r Lenox, 

} Stockbridge, . 

( West Stockbridge, 


1 


Thomas Post, . 


Lenox. 


6th, 


5 Lee, 

I Tyringham, 


! 


William G. Merrill, . 


Lee. 


7th, 


( Great Barrington, 
■] Alford, . 
( Monterey, 


> 


Justin Dewey, Jr., . 


Gt. Barrington. 


8th, 


( New Marlborough, 
-| Sandisfield, 
( Otis, 


1 


Isaac L. Bristol, 


Otis. 


9th, 


r Sheffield, . 

■} M u n t Washington , 

(Egremont, 


\ 


Archibald Taft, . 


Sheffield. 



COUNTY OF NORFOLK. 



1st, 


Dedham, , 


William Bullard, 


Dedham. 


2d, 


West Roxbury, 


Benjamin F. Cutter, . 


West Roxbury. 


3d, 


Brookline, 


Thomas Parsons, 


Brookline. 


4th, 


Roxbury, . . ■< 


William J. Reynolds, 
Stephen H. Williams, 
George B. Nichols, . 


Roxbury. 


5th, 


Dorchester, . . ) 


Henry A. Scudder, . 
Robert Johnson, 


Dorchester. 


6th, 


Quincy, . 


John Chamberlin, 


Quincy. 


7th, 


Braintree, 


Alva Morrison, . 


Braintree. 



HOUSE OP REPRESENTATIVES. 
COUNTY OF NORFOLK— Concluded. 



()69 



District. 


Town or City. 


Name of Rpprescntativo. 


Kcsidence. 


8th, 


Weymoutli, 


( 


Oliver Loud, 
Levi A. Abbott, 


Weymouth. 


9th, 


Randolph, 




Thomas White, . 


Randolph. 


10th, 


Stoughton, 




Jesse Holmes, . 


Stoughton. 


11th, 


f Canton, . 
J ^lilton, . 
1 Walpole, . 
L Sharon, . 




1 


Oliver S. Chapman, • 
Elbridge G. Piper, . 


Canton. 
Walpole. 


12th, 


( Foxborough, 
■< Wrcntham, 
(Medway, . 


;i 


Robert W. Kerr, 
Caleb W. Sayles, 


Foxborough. 
Wrcntham. 


13th, 


5 Franklin, . 
I Bellingbam, 


:! 


William M. Thayer, . 


Franklin. 


14th, 


( Needham, 

J. Medfield, . 
( Dover, 


:! 


Chas. C. Greenwood, 


Needham. 





COUNTY 


OF BRISTOL. 




1st, 


( Pawtucket, 

\ Attleborough, . 




Horatio N. Richardson, 
John Thompson, 


Attleborough. 

(1 


2d, 


( Mansfield, 
I Norton, . 


\ 


Horatio Bates, . 


Norton. 


3d, 


5 Easton, . 
( Raynham, 


} 


Alson A. Gilmore, 


Easton. 


4th, 


Taunton, . 


! 


Zacheus Sherman, 
John E. Sanford, 
John W. D. Hall, . 


Taunton. 

u 


5th, 


5 Rehoboth, 
( Seekonk, . 


} 


Nathaniel B. Horton, 


Rehoboth. 


6th, 


( Dighton, . 
-| Somerset, 
( Swanzey, 


\ 


William H. Pearse, . 


Swanzey. 


7th, 


Fall River, 


5 


Simeon Borden, 
Henry Pratt, . 


Fall River. 

a 



47 



670 



HOUSE OF EEPRESENTATIYES. 
COUNTY OF BRISTOL— Concluded. 



Town or Ward. 



8th, 

9th, 
10th, 

11th, 
12th, 



Westport, 

Dartmouth, 

( Wards 1 and 2, New } 
\ Bedford, . .]" 

5 Wards 3, 4, 5 and 6, ^ 
I New Bedford, . 1 



f Acushnet, 
J Berkley, . 
I Freetown, 
1^ Fairhaven, 



•1 



Kame of Eopresentative. 



Ezra P. Brownell, 

Calvin K. Turner, 2d, 

Charles Almy, . 
Horatio A. Kempton, 

Nathaniel Gilbert, 
Wright Brownell, 
Charles T. Bonney, . 



Ezekiel Sawin, . 
Wm. H. Washburn, 



Westport. 
Dartmouth. 
New Bedford. 

New Bedford. 



Fairhaven. 

Acushnet. 



COUNTY OF PLYMOUTH. 



1st, 

2d, 

3d, 

4th, 
5th, 
6th, 
7th, 

8th, 

9th, 

10th, 

11th, 



( Hull, 

■< Cohasset, . 

( Scituate, . 

Hingham, 

j" South Scituate, 
I Hanover, . 

( Marshfield, 
I Pembroke, 

j Duxbury, . 
I Kingston, . 

( Plymouth, 
( Carver, . 

f Wareham, 
I Marion, . 

( Mattapoisett, . 
•< Rochester, 
( Lakeville, 

Middleborough, 

^ Bridgewater, . 
I West Bridgewater, 

5 East Bridgewater, 
I North Bridgewater, 



Joseph Osgood, . 

Crocker Wilder, 
Isaac M. Wilder, 

Wm. H. H. Bryant, . 

Alden S. Bradford, . 

Jacob H. Loud, . 
Thomas Pierce, . 

Benjamin F. Gibbs, . 

David Lewis, 

Everett Robinson, 

Joseph E. Carver, 

Ezra Kingman, . 
George B. Dunbar, . 



Cohasset. 

Hingham. 
Hanover. 

Pembroke. 

Kingston. 
Plymouth. 

Wareham. 

Rochester. 

Middleborough. 

Bridgewater. 

E. Bridgewater. 
N. Bridgewater. 



HOUSE OF REPRESENTATIVES. 

COUNTY OF TLYMOUTU— Concluded. 



District 


Town. 


Name of KcprescntatiTC. 


Ucsidence. 


12th, 
13th, 


Abington, . . < 

(Hanson, . . .) 
^Halita.x, . . S 
( Plympton, . . ) 


Jacob B. Harris, 
Horace Heed, . 

Charles H. Perkins, . 


Abington. 
Plympton. 



COUNTY OF BARNSTABLE. 



1st, 


( Barnstable, . . ") 
■I Sandwich, . . >- 
( Falmouth, . . ) 


Charles Marston, 
Zebedee Greene, 
Elisha G. Burgess, . 


Barnstable. 

Sandwich. 

Falmouth. 


2d, 


f Yarmouth, . . "] 
j Dennis, . . . ! 
' Harwich, . . . ' 
[^Chatham,. . .J 


Isaac B. Young, 

M. S. Underwood, . 

Danforth S. Steel, . 


Chatham. 

Dennis. 

Harwich. 


3d, 


( Brewster, . . .) 
-| Orleans, . . . V 
( Eastham, . . . ) 


Truman Doane, 


Orleans. 


4th, 


rWellfleet,. . .^ 
-Truro, . . S 
(Provincetown, . .) 


Smith K. Hopkins, . 
Benjamin Oliver, 


Truro. 
WelUleet. 



DUKES COUNTY. 



! ( Edgartown, 
One. j ■< Tisbury, . 
1 ( Chilmark, 



W. H. Sturtevant, 



COUNTY OF NANTUCKET. 



One. ' Nantucket, 



Andrew J. Morton, 
Charles F. Brown, 



Tisbury. 



Nantucket. 



WILLIA:M S. ROBINSON, Clerk. 
GEORGE S. BALL, Chaplain. 



JOHN jrORLSSEY, Sergeant-at-Arms. 
JAMES II. ALLEN, Door-keeper. 



671 



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 Worcestei^ 

ASSOCIATE JUSTICES. 

JULIUS ROCKWELL, of PittsfeU. 
OTIS P. LORD, of Salem. 
MARCUS MORTON, Jr., of Andover. 
EZRA WILKINSON, of Dedham. 
HENRY VOSE, of Springfield. 
SETH AMES, of Camhridge. 
THOMAS RUSSELL, of Boston. 
JOHN P. PUTNAM, of Boston. 
LINCOLN F. BRIGHAM, of New Bedford. 



JUDICIAL DEPARTMENT. 



t)V^ 



JUDGES OF PROBATE AM) 

ISAAC AM i:S, Boston, . 
GEORGE F. CIIOATE. Salem, . 
WILLIAM A. EICIIARDSON, Lowell, 
HENRY CHAPIN, Worcester, 
SAMUEL F. LYIMAN, Northampton, 
JOHN WELLS, Chicopee, 
CHARLES MATTOON, Greenfield, 
JAMES T. ROBINSON, North Adams, 
GEORGE WHITE, Quincy, . 
WILLIAM II. WOOD, Middleborough, 
EDMUND H. BENNETT, Taunton, 
JOSEPH M. DAY, Barnstable, 
THEODORE G. MAYHEW, Edgartown, 
EDWARD M. GARDNER, Nantucket, . 



INSOLVENCY. 

SUFKOLIv. 

Essex. 

Middlesex. 

woucestek. 

IlAMrSHIRK. 

Hampden. 

^KAXKLIN. 

Bekkshiee. 

Norfolk. 

Plyjiouth. 

Bristol. 

barx.stable. 

Dukes. 

Nantucket. 



DISTRICT-ATTORNEYS. 



GEORGE P. SANGER, Boston, . 
ISAAC S. MORSE, Lowell, .... 
ALFRED A. ABBOTT, South Danvers, 
BENJAMIN W. HARRIS, East Bridgewater, 
GEORGE MARSTON, Barnstable, . 
P. EMORY ALDRICH, Worcester, . 
EDWARD B. GILLETT, Westfield, 
SAMUEL T. SPAULDING, Northampton, . 



Suffolk. 

Northern. 

Eastern. 

South-Eastern. 

Southern. 

Middle. 

Western. 

Nortii-Western. 



SHERIFFS. 

JOHN M. CLARK, Boston, .... 
JAilES GARY, Lawrence, .... 
CHARLES KIMBALL, Lowell, 
JOHN S. C. KNOWLTON, Worcester, 
HENRY A. LONGLEY, Northampton, . 
FREDERICK BUSH, Springfield, . 
SAilUEL H. REED, Greenfield, . 
GRAHAM A. ROOT, Sheffield, . 
JOHN W. THOMAS, Dedham, . 
CHARLES B. II. FESSENDEN, New Bedford, 
JAMES BATES, Plymouth, .... 
DAYID BURSLEY, Barnstable, . 
SAMUEL KENNISTON, Edgartown, . 
,* Nantucket, 



Suffolk. 

Essex. 

Middlesex. 

Worcester. 

Hampshire. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Bristol. 

Plymouth. 

Barnstable. 

Dukes. 

Nantucket. 



Deceased : vacancy not filled. 



674 



MEMBERS OF CONGRESS. 



CLERKS OF COURTS. 

GEORGE C. WILDE, Boston, Supreme Judicial Court, 

JOSEPH WILLARD, Boston, Superior Court, Civil T., 

FRANCIS H. UNDERWOOD, Boston, Criminal T., 

ASAHEL HUNTINGTON, Salem, 

BENJAMIN F. HAM, Natick, . 

JOSEPH MASON, Worcester, . 

SAMUEL WELLS, Northampton, 

GEORGE B. MORRIS, Springfield, 

GEORGE GRENNELL, Greenfield, 

HENRY W. TAFT, Lenox,- 

EZRA W. SAMPSON, Dedham, 

JOHN S. BRAYTON, Taunton, 

WILLIAM H. WHITMAN, Plymouth, 

JAMES B. CROCKER, Barnstable, 

RICHARD L. PEASE, Edgartown, 

GEORGE COBB, Nantucket, . 



Commonwealth. 

Suffolk. 

Essex. 

Middlesex. 

Worcester. 

Hampshire. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Bristol. 

Plymouth. 

Barnstable. 

Dukes. 

Nantucket. 



MEMBERS OF THE THIRTY-EIGHTH CONGRESS. 



SENATORS. 

CHARLES SUMNER, of Boston. 
HENRY WILSON, of Natich 



REPRESENTATIVES. 

District L— THOMAS D. ELIOT, of New Bedford. 
II._OAKES AMES, of Easton. 
III.— ALEXANDER H. RICE, of Boston. 
IV.— SAMUEL HOOPER, of Boston. 
v.— JOHN B. ALLEY, of Lynn. 
VL— DANIEL W. GOOCH, of Melrose. 
VII.— GEORGE S. BOUTWELL, of Groton. 
VHI.— JOHN D. BALDWIN, of Worcester. 
IX.— WILLIAM B. WASHBURN, of Greenfield. 
X.— HENRY L. DAWES, of Adams. 



CommonfocHltjj of Ulassarljusttfs. 



Secretary's Department, Bostox, > 
July 1, 1863. I 

I hereby certify the printed Acts and Resolves, contained 
in this volume, to be true copies of the originals, and 
that the accompanying papers and other matters there- 
with are transcripts of official records and returns in this 
Department. 

OLIVER WARNER, 

Secretary of the Commonwealth. 



INDEX. 



A. 

Absentees from School, additional concerning, 
Academy, Military, concerning establishment, 
Acknowledgment of Deeds of persons in U. S. Service, provision for 
Acknowledgment of Legal Instrnments, relating to, . 
Actions for recovery of Taxes and Forfeitures under U. S. Internal 
Revenue Laws, how commenced, .... 

Address of Governor, ...... 

Adjutant-General, Salary increased, .... 

" " Salary of Second Clerk established, 

Administrators, powers extended in settling controversies. 
Affidavits of persons in U. S. Service, provision for, . 
Agawam River, regulation of Fishery in, . 

Agencies for care sick and wounded soldiers. Appropriation for. 
Agents of Foreign Insurance Companies, certain, in favor, . 
Agricultural College, Mass., Trustees incorporated, . 

" " " Committee authorized to incur expenses 

" Societies, certain, for relief of, . 

" Society, Hampden County, in favor, 

" " Worcester South-East, relating to. 

Agriculture and Mechanic Arts, Fund created for Education in. 
Akin, David K., authorized' to extend Wharf, ... 
Allotment Commissioners, Expenses appropriated. 
Allotments of soldiers, to encourage, .... 

Almshouse, State, at Bridgewater, in fevor, 

" "at Monson, relating to, . 

Almshouses, State, removal of certain Indians to, authorized, 
Amendment to Constitution, concerning, ... 

American Board of Commissioners for Foreign Missions, concerning 
American Steam-ship Company, incorporated, 
Amherst College, Natural History Department, in favor of, . 
ArPROPRiATioxs : 

Agencies for care sick and wounded Soldiers, to maintain. 
Agents, certain, of Foreign Insurance Companies, reimburse 
ment, ....... 

Allotment Commissioners' expenses, 

Anna W. Draper, ..... 

48 



Page 394 

582 
392 

472 

443 
591 
494 
369 
536 
392 
435 
573 
583 
517 
560 
564 
567 
370 
480 
402 
587 
402 
571, 585 
560 
473 
561 
496 
432 
582 

573 

583 
587 
584 



n 



INDEX. 



Appropriations — Contimicrl. 

Arms and Equipments, purchase of, . 

Attorney-General, furnishing office, 

Boundaries Indian Lands at Gay Head, establishment of, 

Catalogues, Museum of Comparative Zoology, . 

Defence of Massachusetts Coast, 

Discharged Soldiers' Home, .... 

Expenses, certain, of 1862, and previous years, 

" " of 18G3, .... 

F. A. Hobart, ...... 

F. G. Sanborn, ...... 

Gay Head Indians, Schools among. 

Harbor Commissioners, surveys and expenses of, 
• from Income of certain Funds, .... 

James Hayes, ...... 

Jerome Washburn and Joseph W. Caton, 

J. Henry Jennings, ..... 

John T. Foley, ...... 

Maintenance of Government, .... 

Mary W. Eussell, ..... 

MileagCj Compensation and Printing, of Departments, 

from Moiety of Income of School Fund, 

Monument to Luther C. Ladd and Addison 0. Whitney, 

Monuments on line between Mass. and R. I., . 

Natural History Department of Amherst College, 

O. H. Clark, ...... 

Punkapog Indians, for support, .... 

Eegimental Flags, for replacing. 

Selectmen of Plympton, armory rent, . 

Simeon Borden, ...... 

S. J. Fletcher, ...... 

State Almshouses, Rainsford Island Hospital, Lunatic Paupers 
and Reform and Nautical Schools, expenses, 

State Library, additional accommodations, 

State Normal School, at Westfield, 

Troy and Greenfield Railroad and Hoosac Tunnel, completion 

Watchmen at State House, services as Messengers, 

Winthrop W. Chenery, ..... 

William D. Atkinson, Jr., .... 

William Dailej-, ...... 

William F. Shaw, ..... 

William N. Bourne, ..... 

William White, ...... 

Appropriations by Towns, for discharge of drafted persons, prohibited 
Arms and Equipments, Governor authorized to purchase. 
Artillery Company, Newburyport Veteran, Trustees incorporated. 
Assistant Sergeant-at-Arms, appointment autliorized, . 
Association, Protective War Claim, incorporated, 



Page 567 
563 

572 
580 
436 
578 
370 
553 
5G8 
584 
568 
589 
375 
584 
581 
580 
571 

359, 379 
587 

361, 378 
366 
588 
565 
582 
584 
572 
567 
579 
586 
575 

457 
563 
566 
5:0 
586 
584 
565 
581 
585 
564 
588 
441 
567 
531 
417 
374 



INDEX. 



Ill 



Associations, ruuniy T,a\v Lihrury. ri'Iatinu to. 
Asylum for liliiid. Miissaciiusetts, in aid, 
Atkinson, William D.. Jr., in favor, 

Attorni'v-Gi'ncral, duties conocrnin!^ certain water rights 
" room for office provided. 



Page 512 
5S0 

5.s;) 

5G3 



B. 

Bacon, Peter C, acts of, as Justice of Peace, confirmed, 
Bail in Criminal Cases, concerning, .... 
Ballard, Charles, in favor, ..... 

Baltic ^larine and Fire Insurance Company, incorporated, 
Bank, Boston Penny Savings, time for organizing extended, 

" Fairhaven, reduction of Capital authorized, 

*' Lee, reduction of Capital authorized, . 

" Marblehead, reduction of Capital authorized, . 

" Merchants', of Boston, reduction of Capital authorized, 

" Merchants', of Newburyjiort, reduction of Capital authorized 

" of Mutual Redemption, number of Directors increased, 

" Rockport, reduction of Capital authorized, 

" South Boston Savings, incorporated, 

" Waltham, reduction of Capital authorized, 

" Welltieet Savings, incorporated, 

" Wrentham, reduction of Capital authorized. 
Bank Bills, Act of 1860, relating to, suspended, 

" " Printing of, regulated, .... 
Banks authorized to receive and circulate U. S. Notes, 

" enabled to sell Stock on which they have lien, . 

" organized under General Laws, relating to. 
Banks, surrender of Charters under U. S. laws, relating to, . 

" suspension of specie payments extended, 

" Savings, holding Stock in other Banks, relating to, . 

•' " powers for investments extended, 

" " Tax upon Depositors increased, 

Barnstable County, Jail and House of Correction, reconstruction 
authorized, ....... 

Bastard Children, Prosecutions for Maintenance of, . 

Bay State Steam-boat Company, Charter amended. 

Beach, South, in Edgartown, to protect. 

Benevolent Society, Boston Irish American, incorporated, 

" " Hibernian, incorporated, . 

" Total Abstinence Society, Father Mathcw, incorporated, 

" " " " Very Reverend Father Mathew, 

Bennett and Heard's Digest, purchase and distribution authorized, . 

Berkshire Life Insurance Company may extinguish Guaranty Stock, 

" Mutual Fire Insurance Company, Charter renewed. 
Bills of Exchange, maturity of, grace expiring on special days. 
Blind, Massachusetts Asylum for, in aid, .... 



507 
403 
560 
407 
452 
397 
898 
397 
532 
305 
414 
394 
401 
400 
401 
399 
434 
426 
509 
490 
417 
547 
363 
•536 
491 
479 

537 
445 
535 
459 
460 
483 
421 
422 
567 
396 
364 
494 
580 



IV 



INDEX. 



Board of State Charities established, .... 
Boilers and Machinery, weighers of, how appointed, . 
Borden, Simeon, in favor, ..... 

Boston, Barre and Gardner Railroad Corporation, concerning, 
Boston College, Trustees incorporated, 

" and Fairhaven Iron Works, incorporated, 

" House Company, incorporated, .... 

" Irish American Benevolent Society, incorporated, 

" and Eoxbury INIill Company, Attorney-General to proceed 
against, ...... 

" Penny Savings Bank, time for organizing extended, . 

" Police Court of, concerning, .... 

" Society of Natural History, Sections of Act for aid to, re 
pealed, ...... 

" Sugar Refinery, Capital increased, 

" Wharf Company, concerning, .... 
B.oundary Line between Halifax and Plympton, changed, 

" " between Massachusetts and Rhode Island, erection of 

Monuments on, provided for, 
" " between Uxbridge and Douglas, relating to, . 

Bounties for Enlistment, duties of town officers defined, 

" and Recruiting Expenses paid by Towns, legalized, 

" paid Volunteers, by Towns, reimbursement provided, 
Bourne, William N., in favor, ..... 
Bowley, Gideon, and Joshua E., authorized to extend Wharf, 
Braintree and Weymouth Turnpike, additional concerning. 
Bridge, Neponset, additional concerning, 
Brodhead, William and Ann C, Marriage legalized, 
Bunker Hill Fire Insurance Company incorporated, 
Burgess, Reuben and Hope, Marriage legalized, 
Butler, Major-General, thanks to, presented, . 



Page 540 
489 
586 
416 
441 
483 
427 
460 

588 
452 
500 

531 
500 
508 
365 

565 
559 
441 
389 
513 
564 
498 
417 
417 
458 
404 
458 
559 



c. 

Cambridge Railroad Company, concerning Sinking Fund, 
Cambridge, Sidcv'alks in, concerning, .... 
Cape Cod Central Railroad Company, concerning, 

" " " " " Towns of Chatham, Harwich 



and Orleans may take stock in, . 
Cape Cod Mutual Fire Insurance Company, incorporated, 

" " Railroad Company, authorized to build Wharf, 
Caton, Joseph W., in favor, ..... 
Cattle Commissioners, expenses provided for, . 
Cattle, Disease among, concerning, .... 
Cavalry, Second Mass., expense of transportation, concerning. 
Central Mills Company, incorporated, .... 
Certificates delivered buyers of coal, concerning, 
Change of Names of Persons, . . . . 

Chaplains of Legislature, additional compensation provided, . 



42 



426 
499 
431 

427, 428 
416 
422 
581 
585 
583 
529 
363 
487 
647 
586 



INDEX. 



Chaiipcquiildiot and Cliristiantown Indians, in fovor, . . . Page 570 

Cliaiitalilo and Correctional Institutions, State, relating to, . . 540 

Cliaritable Institutions, Public, concerning expenses of Committee, . 585 

Cliarlcstown, City of, Act to supply with Water, amended, . . 364 

Chatham, Town of, may take stock in Cape Cod Central Kailroad, . 423 

Chelsea, Police Court of, concerning, ..... 500 

Chenery, Winthrop W., in favor, ..... 584 

Ciiildren, Bastard, Prosecutions for maintenance of, . . . 445 

" Truant, additional Act concerning, .... 394 

" " in Dukes County, concerning, . . . 446 

Children and 'Women, New England Hospital for, incorporated, . 412 

Christian Education Society, incorporated, .... 429 

Church, First, in Braintree, Minister and Deacons to sell estate, . 500 

" Methodist Episcopal, in Gloucester, Trustees empowered, . 393 

Cities, Elections in, concerning, ..... 455 

Civil Government, ....... 654 

Claims of State of Maine, respecting, ..... 585 

Clapp's Pond, Pickerel in, to protect, ..... 418 

Clarke, O. H., in favor, ........ 584 

Cleaveland, Daniel O., in favor, ..... 575 

Clerk, Second, of Adjutant-General, Salary established, . . 369 

Clerks of Courts, concerning, ...... 405 

Coal, Buyers of, concerning delivery of Certificates to, . . 487 

Coast Defences of Massachusetts, relating to, . . . • 436 

Collectors of Internal Revenue, may sue for recovery, . . . 443 

College, Agricultural, Trustees incorporated, .... 517 

" " expenses of Committee authorized, . . 560 

" Amherst, in favor Natural History Department, . . 582 

" Boston, Trustees incorporated, .... 441 

Commercial Mutual Marine Insurance Company, Charter extended, 390 

Commissioner to International Exhibition at Hamburg, expenses, . 584 

Commissioners, Allotment, expenses for current year, . . 587 

" Cattle, payment of expenses provided for, . . 585 

" for Foreign Missions, American Board, concerning, . 496 

" on Harbors and Flats, appropriation for surveys and 

expenses, ...... 589 

" Horse Kailroad, concerning, . . . • 529 

Commitments to Reform and Industrial Schools, concerning Record, 501 

Committee on Agricultural College, certain expenditures authorized, 560 

" on Finance authorized to employ Clerk, . . . 560 

" on Public Charitable Institutions, expenses, . . 585 

Commonwealth's Estate, South Street, Boston, sale authorized, . 587 

Company C, Seventh Regiment Massachusetts Volunteers, in favor, 566 

Congress, Grant of Lands for Agriculture and Mechanic Arts, accepted, 480 
Connecticut, General Assembly, Attorney-General to oppose action 

on certain water rights, ....•• 589 

Constitution, Amendment to, concerning, .... 561 



« 

vi 



INDEX. 



Contracts for payment of money beyond United States limits, relating 

to, . 
Convicts in Jails, Employment of, concerning, 
Copartnership, Married Women prohibited from forming. 
Corporations, Manufacturing, liabilities of defined, . 
" to make returns to assessors of towns, . 

" Tax on Stock held by non-residents levied, 

" more equal Taxation of, to secure, 

Correctional and Charitable Institutions, State, relating to. 
Counterfeiting, aid granted for suppression of. 
County Law Library Associations, relating to, . 

" Taxes granted, ..... 
Court, Probate, in Nantucket, terms changed, . 

" Superior, Terms may continue for pending cases. 
Courts, Clerks of, concerning, . . . • 

" Police, and of Boston and Chelsea, concerning, 
" " Jurisdiction given in certain cases, 

" Probate, in Plymouth County, concerning, 
" Probate and Insolvency, concerning applications to, 
Criminal Cases, concerning Bail, 

" Jurisdiction in Hull, relating to, 
Crowell, Prince S., authorized to build Wharf, 
Curtis, George T., acts as Justice Peace confirmed, . 



Page 502 
426 
47^ 
550 
550 
536 
437 
540 
566 
512 
678 
458 
379 
405 
500 
413 
549 
472 
403 
492 
411 
405 



D. 



Dailey, William, in favor, ..... 

Dartmouth Indians, Eesolve on petition of, . 

Debtors, Insolvent, concerning Schedules filed by, 

Dedham and West Eoxbviry Railroad, time for construction extended 

Deeds, Acknowledgment of, relating to, . . . 

" " of persons in United States service, for 

taking, .... 

" Registers of, concerning, .... 

" Registry of, concerning, .... 

Defences, Coast, relating to, . 

Depositions of Persons in Army or Navy, for taking,. 
Deserters and Drafted Men, concerning apprehension of. 
Digest, Bennett and Heard's, distribution authorized, . 
Dighton and Somerset Railroad Company, incorporated. 
Discharge of vested rights, by Executors and others, relating to. 
Discharged Soldiers' Home, in favor, .... 
Disease among Cattle, " Pleuro-pneumonia," relating to. 
Divorce, Libels for, concerning, .... 

Documents and Reports, Public, concerning, . 
Dogs, License of, concerning, ..... 
Door-keepers of Legislature, additional Compensation provided. 



58l 
571 
409 
3G2 
472 

392 
501 
531 
436 
392 
471 
567 

376, 504 
534 
578 
SS3 
431 

516, 539 
433 
586 



INDEX. 



vli 



Dorcliostor and Jlilton Uraiich IJailroad, time for construction ex 
ton(lo<l, ..... 
" Kaihvay Company, concorninix, 

Douglas and Uxl)ridjj;e, Boundary line, velatinix to, 

Drafted Persons, Appropriations for discliarge, by Towns, prohibited 
" " and Deserters, concerning ajipreliension of, 

" '• Families of, in aid, ... 

Drains in Springfield, construction authorized, 

Drake, Augustin J., in favor, .... 

Draper. Anna W., in favor, .... 

Drawbridges in Eailroads, relating to, . 

Drill. Military, in Public Schools, concerning, 

Dudley Indians, in favor, .... 



• 


Page 


504 
535 
559 


)hibited 




441 
471 
491 
429 
5G6 
584 
447 
580 
579 



E. 



East Boston Wharf Company, Capital increased, 
'' Cambridge Land Company, Capital increased, . 
" Falmouth Herring River Company, incorporated, 
Eastern Railroad Company, concerning, 
Easton, Jemima, in favor, .... 

Edgartown, South Beach in, protection. 
Election of Jloderators of Town Meetings, relating to. 
Elections in Cities, concerning, .... 

" of Town Officers in 18C3 legalized, . 
Emerton, Increase N., in favor. 

Enlistments and Recruiting, to promote and regulate, 
Enrollment of Militia, relating to, . 

Equipments and Arms, Governor authorized to purchase, 
Essex Railroad Company, concerning, . 
Estates, Insolvent, of persons deceased, concerning, . 
Exchange, Current rate to determine value of foreign debts, 
Executions on Real Estate, Writs of Scire Facias in certain cases, 
Executors, discharge of Vested Rights by, concerning, 

" Powers of, extended in settling controversies. 

Exhibition, International at Hamburg, expenses of Commissioner, 
Eye and Ear Infirmary, Massachusetts Charitable, in favor, . 



450 
450 
415 
419 
5G4 
459 
501 
455 
447 
575 
419, 529 
499 
5G7 
419 
512 
502 
444 
534 
536 
584 
561 



F. 



Fairhaven Bank, reduction of Cai)ital authorized, 
Fall River, City of, may change Ward limits, . 
Fall River and Warren Railroad Company, concerning, 
Families of Drafted Men, in aid of, . 

" of Volunteers, additional Act in aiil of. 
Fasts, Special, notes due on, when to be paid, . 
Father Mathew Total Abstinence Society, incorporated, 

" " Very Rev., Total Abstinence Society, incorporated, 



397 
454 
362 
491 
413 
494 
421 
422 



VIU 



INDEX. 



Fees, certain, in Secretary's Department, defined, 

Fence- Viewers, concerning, . . . . , 

Fibrilia Felting Company, location changed, . 
Field Drivers, Fees for driving Swine established. 
Fifth Universalist Society in Boston, Name changed to Shawmut 
Finance Committee authorized to employ Clerk, 
Fire Insurance Companies, concerning, 
Fii'st Church in Braintree, Minister and Deacons, to sell estate. 
First Society Methodist Episcopal Church in Gloucester, Name 
established, . . .... 

Fisheries in Taunton Great River, concerning. 
Fishery in Agawam and Half-way Pond Rivers, regulated. 
Flags of Regiments, lost or worn out, provision for replacing 
Fletcher, Samuel J., in favor, .... 

Foley, John T., in favor, .... 

Foreign Insurance Companies, certain Agents of, in favor, 

" JNIissions, American Board of Commissioners, concerning, 
Franklin Mutual Fire Insurance Company, Charter renewed, 
Frauds, certain, relating to punishment of, . 
French, Caleb, Trustees under "Will of, to sell estate. 
Fund for Education in Agriculture and Mechanic Arts, created. 
Funds in custody of Commonwealth, income of, concerning, . 



Pas 



G. 

Gas-Light Company, Maiden and Melrose, concerning, 
" " " Springfield, Capital increased, . 

Gay Head Indians, Lands of, establishment of boundary lines 
" " " Schools of, in favor, 

Glasgow Company, increase of Capital authorized, 

Governor, Address of, . . . . 

Goward, Watson, acts as Justice of Peace confirmed, 

Grace on Bills of Exchange, &c., due on certain days, 

Grafton, Town of, in favor, .... 

Granite Mills, incorporated, .... 

Guard, State, formation authorized. 

Guardians, Powers of, extended in settling controversies, 



H. 

Habeas Corpus, discharge of Soldiers on Writ of, 
Hadley Company, incorporated, .... 

Half-way Pond River, Fishery regulated, ... 

Halifiix and Plympton, Towns of, line between established, . 
Halifax, Town of, Act of 1861, establishing Polls and Estates 

amended, ....... 

Hampden County Agricultural Society, in fevor, 
Hancock, Charles L., authorized to sell estate, 

" Mills incorporated, ..... 



INDEX. 



IX 



Harbor Comniissioiu-rs, Appropriation for surveys und expenses of, 

Harwich, Town of, nutliorized to take stock in C. C. C. II. Co., 

Hastings, Caroline E., in favor, 

Hayes, James, in fivvor, .... 

Hecktor, John, in favor, 

Herring River Company, East Falmouth, incorporate 

Hibernian Benevolent Society, incorporated, . 

Highways, location and alteration of, relating to, 

Hobart, Francis A., in favor, 

Hobbs, William, Jr., acts, as Notary Public, confirmed. 

Home for Discharged Soldiers, in favor. 

Home for Inebriates, Washingtonian, in favor, 

Hoosac Tunnel, additional Act for completing, 

Horse Railroad Commissioners, concerning, . 

" " Companies, gauge of tracks prescribed, 

" " Company, Cambridge, investments of Sinking Fund, 

" " " Dedham and West Roxbury, time for con- 

struction extended, 
" " " Dorchester, concerning, 

*' " " Lowell, incorporated, 

" " " Lynn and Boston, may lease other roads, 

" " " Melrose and South Reading, incorporated, 

" " " Merrimack Valley, incoi-porated, . 

'• " " Newton, concerning, 

" " " Salem and South Danvers, additional to 

Act incorporating, 
" " " Somerville, concerning, 

" " " Springfield, incorporated, . 

" *' " Union Freight, incorporated, 

" " " Winthrop, concerning, 

" " " Worcester, additional Act, 

Horticultural Society, Massachusetts, may, hold real estate, . 

Hospital for AYomen and Children, New England, incorporated. 

House of Correction, Barnstable County, reconstruction authorized, 

Hull, Town of, criminal jurisdiction in, concerning, . 
" " Gates in Roads prohibited, 

Hyde, Benjamin D., acts as Justice of Peace, confirmed, 

Hyde Park Woollen Company, incorporated, . 



Paj 



;e r.K'.t 
4L'7 

.'-..S4 
571 

4ir> 

483 
431 

or,8 

309 

r)7S 

577 
510 
529 
42(5 
426 

302 
535 

487 
388 
4X4 
5U4 
308 

423 
449 
438 
542 
407 
309 
404 
412 
537 
492 
473 
497 
374 



Ice and Snow on Buildings, relating to, 

" " on Sidewalks, removal provided for, 

Indians, certain, removal to State Almshouses, 

" Cliappequiddic and Christiantown, in favor, 
" " in fovor Nelly Joseph, 

" Dartmouth, on petition of, 
" " in favor Rhoda M. Taylor, 

49 



417 
434 
473 
570 
570 
571 
573 



INDEX. 



Indians, Deep Bottom, in favor Jeminaa Easton, 

" Gay Head and Christiantown, allowance for medical aid 
" " for establishment of boundary lines of lands, 

" " in favor Schools of, 

" Hassanamisco, in fiivor John Hecktor, 
" Marshpee, allowance for medical aid, 
" Dudley and Troy, in favor, 
" Punkapog, in favor Charlotte E. Myers, 
" certain, in favor. 
Industrial School for Girls, concerning, 

" " " Eecord of commitments to, concernin 

Infirmary, Charitable Eye and Ear, in favor, . 
Insane, Commission on condition of, authorized. 
Insolvency Courts, concerning Applications to. 
Insolvent Debtors, Schedules filed by, concerning, 

" Estates, of persons deceased, concerning, 
Institute of Technology, concerning, . 

" " .repeal of reservation certain lands, 

Institution for Savings, Springfield, may hold real estate, 

" " investments in Stock of certain banks, con 

cerning, . . . . ' 

Insurance Companies, Fire, concerning, 

" " Foreign, in favor certain Agents, 

Insurance Company, Baltic Marine and Fire, incorporated, . 

" " Berksliire Life, may extinguish Guaranty Stock 

" " Berkshire Mutual Fire, Charter renewed, 

" " Bunker Hill Fire, incorporated, . 

" . " Cape Cod Mutual Fire, incorporated, . 

" " Commercial Mutual Marine, Charter renewed, 

" " Franklin Mutual Fire, Charter renewed, 

" " Mutual Marine, Charter renewed, 

" " Ocean Mutualf incorporated. 

Insurance, Life, concerning, ..... 
Internal Revenue, actions for recovery authorized. 
International Exhibition at Hamburg, expenses of Commissioner, 
Ipswich, County Jail at, discontinuance authorized, . 
Irish American Benevolent Society, Boston, incorporated, 
Iron Works, Boston and Fairhaven, incorporated. 
Issues of Fact, Trial of, relating to, . 



Page 564 
575 
572 
568 
571 
575 
579 
559 
572 
495, 577 
501 
561 
587 
472 
409 
512 
496 
531 
373 

536 
551 
583 
407 
396 
364 
404 
416 
390 
365 
389 
502 
458 
, 443 
584 
512 
460 
483 
493 



Jail, County, at Ipswich, discontinuance authorized, . . . 512 

" and House of Correction in Barnstable Count}', reconstruction, 537 

" Persons confined in, relative to employment, . . . 426 

Jennings, J. Henry, in favor, ...... 580 

.Joseph, Nelly, in favor, ....... 570 

Juries, in issues of Fact, how instructed, .... 493 



INDEX. 



XI 



L. 

Ladil, Luther C, Monument to, in aid, 

Land Company, East Cambridge, Capital increased. 

Lands granted by Congress, reception provided for, 

Law Library Associations, County, relating to, 

Lee Bank, reduction of Capital authorized, 

Legal Instruments, acknowledgment of, 

Libels for Divorce, concerning, . 

Library, State, additional accommodations authorized, 

Licensing of Dogs, concerning, .... 

Life Insurance, concerning, ..... 

" " Company, Berkshire, may extinguish Guaranty Stock 

Lord's Day, certain offences committed on, concerning, 
Lovell, Josiah G., on petition of, ... • 

Lowell Horse Kailroad Company, incorporated, 
Luce, William II., in favor, ..... 
Lynn and Boston Railroad Company, may lease certain railroads, 



Page 



588 
450 
480 
512 
398 
472 
431 
5G3 
433 
458 
396 
454 
575 
487 
575 
388 



M. 

Machinery and Boilers, in relation to weighing. 
Magazine on Captain's Island, concerning, 

Maine, State of, relative to certain claims against Massachusetts, 
Maiden and Melrose Gas-Light Company, concerning, 
Manufacturing Corporations, liabilities of Officers and Stockholders 
Marblehead Bank, reduction of Capital authorized, 
Marriages, certain, relation of parties defined. 
Married Women, business copartnership of, prohibited, 
Marshpee District, in favor, ..... 
" " relating to, . 

" Indians, in favor, ..... 
" Schools, in favor, ..... 
Massachusetts Asylum for Blind, in aid, 

" Agricultural College, Trustees incorporated, . 

" Charitable Eye and Ear Infirmary, in favor, . 

" Digest, Bennett and Heard's, distribution authorized, 

" Horticultural Society may hold real estate, 

" Institute of Technology, concerning, . 

" " " rcpealof reservation of lands 

" Powder Works, incorporated, . 

'* Regiments, in Federal Army, concerning, 

" Volunteer Militia, allowance for services, 

McCollum, Henry E., in favor, ..... 
Measures and Weights, relative to Sealing, 
Mechanic Arts and Agriculture, Fund created for Education in, 
Melrose and South Reading Horse Railroad Company, incorporated 
Merchants' Bank, Boston, reduction of Capital authorized, . 

" " Newburyport, reduction of Capital authorized, 



489 
576 
585 
500 
550 
397 
458 
479 
559 
494 
579 
5C1 
580 
517 
561 
5G7 
404 
496 
531 
409 
576 
582 
575 
492 
480 
484 
532 
395 



Xll 



INDEX. 



Merrimac Steam Navigation Company, Charter renewed, . . Page 

JMerrimack Valley Horse Railroad Company, incorporated, 

Messages of Governor, Special, 

Messenger of Governor and Council, in favor, . 

Messengers of Legislature, additional compensation provided, 

Methodist Episcopal Church in Gloucester, Trustees may sell property 

Midland Land Damage Company, Name changed, &c., 

Miiford, Town of, may purchase estate for Public Park, 

IMilford and Woonsocket Railroad Company, may cross highways, 

Military : 

Affidavits of persons in United States service, for taking, 
Arms and Equipments, Governor authorized to purchase, 
Bounties paid by Towns, reimbursement provided for. 
Company C, Seventh Regiment Volunteers, in favor, . 
Deserters and Drafted Men, concerning apprehension. 
Discharge of Soldiers on Writ of Habeas Corpus, to regulate 
Discharged Soldiers' Home, in favor. 
Doings of Towns in aid of War, legalized. 
Drafted Men, in aid of Families of, . 

" " Towns prohibited from appropriating money for 

discharge, ...... 

Drill in Public Schools, concerning introduction of, 
Expenditures of Towns and Persons, Returns and Report of, 
Flags of Regiments, lost or worn out, to be replaced, . 
Magazine on Captain's Island, concerning, 
Massachusetts Regiments in Federal Army, concerning, 
Military Academy, concerning establishment, . 
Militia, additional concerning, .... 

" Enrollment of, . 

" Massachusetts Volunteer, allowance for services. 
Payment of Volunteers, provided for, and Allotments encour 
aged, ...... 

Powder House upon Captain's Island, for repairs on, 
Record of Soldiers and Officers, to preserve, . 
Recruiting regulated and enlistments encouraged, 
Second Cavalry Regiment, expenses of transportation 
Soldiers, sick and wounded, appropriation for care, 
Soldiers' Families, additional, in aid of, 
State Guard, formation authorized. 
Militia, additional concerning, .... 

" Enrollment of, concerning, 
" Volunteer, allowance for services, 
Milk, Sale of, concerning, .... 

Mill Corporation, Boston and Roxbury, Attorney-General to proceed 
against, ...... 

Mills, Central, in Southbridge, incorporated, . 

" Granite, incorporated, .... 

" Hancock, incorporated, .... 



406, 
419, 



451 
504 
633 
565 
586 
393 
434 
454 
497 

392 
567 
513 
566 
471 
470 
578 
389 
491 

441 

580 
677 
567 
576 
576 
582 
546 
499 
582 

402 
576 
533 
529 
529 
573 
413 
481 
546 
499 
582 
453 

588 
363 
396 
425 



INDEX. 



xiu 



Moderators of Town Meetings, Election of, relating to, 
Money, Contracts for payment beyond U. S. limits, relating to, 

" Treasurer to borrow in anticipation of Revenue, 
Monument to Luther C. Ladd and Addison O. Whitney, in aid, 

" to Sumner II. Needham, in aid. 

Monuments on line between I\Iassachusetts and Rhode Island, ei 
tion provided, ...... 

Municipal Authorities, attendance of Witnesses before, 
Museum of Comparative Zoology, publication of Catalogues, 
Mutual Marine Insurance Company, Charter extended, 

" Redemption, Bank of, number of Directors increased, 
Myers, Charlotte E., in favor, ..... 

Mystic River Railroad, time for construction extended and connec 
tion authorized, ...... 



Rage 501 
502 
586 
588 
588 

565 
472 

580 
389 
414 
559 

367 



N. 



Names of Persons, change of, . 

Nantucket, Probate Court in, terms changed, . 

Natural History Department of Amherst College, in favor, . 

*' " Society, Boston, repeal of reservation of lands, 

Nautical Branch of Reform School, concerning. 
Naval Service United States, for taking Affidavits of persons in, 
Navigation Company, Merrimac Steam, Charter renewed, 
Needham, Sumner H., in aid of Monument to, 
Neponset Bridge, additional concerning. 
New Bedford, City of, additional to Act establishing, . 

" " City of, certain acts of Council confirmed, 

" " City of, supply of Water authorized, 

New England Hospital for Women and Children, incorporated, 
New York and Boston Railroad, time for construction extended, 
Newburyport, City of, additional to Act establishing, . 
Newburyport Veteran Artillery Company, Trustees incorporated, 
Newton Railroad Company, concerning. 
Normal School, State, at Westfield, in favor, ... 
North Attleborough Branch Railroad, time for construction extended 
North Brookfield, Town of, in favor, .... 
Northampton and Shelburne Falls Railroad Company, concerning. 
Notes due on special Thanksgivings or Fasts, when to be paid, 



647 
458 
582 
531 
453 
392 
451 
588 
417 
461 
459 
474 
412 
379 
446 
531 
368 
566 
373 
564 
408, 508 
494 



0. 

Ocean Mutual Insurance Company, incorporated, . . . 502 

Officers of Manufacturing Corporations, liabilities defined, . . 550 

Old Colony and Fall River Railroad Company, concerning, . . 538 

Orleans, Town of, may take Stock in Cape Cod Central Railroad, . 428 
49* 



XIV 



INDEX. 



Pages of Legislature, additional compensation provided, 
Peace Fund, Permanent, Trustees incorporated, 
Perkins' Institution for Blind, in aid, . 
Pickerel in Clapp's Pond, to protect. 
Pilotage, Act of 1862 concerning, amended, 
Pleuro-pneumonia among Cattle, relating to, . 
Plymouth County, Probate Courts in, concerning, 
Plympton and Halifax, Towns of, lines between established 
Plympton, Selectmen of, in favor. 
Police Courts, Jurisdiction given, in certain cases, 
Police Courts, and Police Courts of Boston and Chelsea, concerning 
Powder Works, Massachvisetts, incorporated, ... 
Prison, State, relating to, .... . 

Probate Court, in Nantucket, time of holding,chauged, 
" Courts in Plymouth County, concerning, 
" and Insolvency Courts, concerning applications to, . 
Property, Trust, Notice of Sale, persons not in being having interest 
Prosecutions for maintenance of Bastard Children, relating to, 
Protective War Claim Association incorporated. 
Public Charitable Institutions, expenses of Committee on, 

" Reports and Documents, an Abstract of, concerning, 

" Schools, Military Drill in, concerning, . 
Punishment of certain Frauds, relating to, 
Punkapog Indians, in favor Guardian, for C. E. Myers, 
" " certain, in favor Guardian, for support, 



Page 586 
370 
580 
418 
411 
583 
549 
3G5 
579 
413 
500 
409 
570 
458 
549 
472 
373 
445 
374 
585 
516, 589 
580 
551 
559 
572 



R. 

Railroad Commissioners, Horse, concerning, .... 529 

Railroad Corporations : 

Boston, Barre and Gardner, concerning, . . . 416 

Cambridge, investment of Sinking Fund, concerning, . . 426 

Cape Cod, authorized to build Wharf, .... 422 

" " Central, additional to Act incorporating, . . 431 
" " " Towns of Chatham, Harwich and Orleans, 

may take stock in, . . 423, 427, 428 

Dedham and West Roxbury, time extended for constructing 

road, ........ 362 

Dighton and Somerset, incorporated, .... 376, 504 

Dorchester, concerning, ...... 535 

Dorchester and Milton Branch, time extended for consti'ucting 

road, ... ..... 504 

Eastern, concerning, ...... 419 

Essex, concerning, ...... 419 

Fall River and Warren, additional to Act incorporating, . 362 

Lowell Horse, incorporated, ..... 487 

Lynn and Boston, may lease certain roads, . . . 388 



INDEX. 



XV 



Railroad Corporations — Continued. 

Melrose anil Soutli Keailin,": Horse, incorporated, 
Merrimack Valley Horse, incorporated, 
Midland Land Damage Company, name clianged, 
Milford and Woonsocket, may cross certain higinvaj's, 
Mystic Kiver, time extended for constructing road, and con 
nection authorized, ..... 

New York and Boston, time extended for constructing road, 
Newton, concerning, ..... 

North Attleborough Branch, time extended for constructing 
road, ....... 

Northampton and Shelburnc Falls, concerning, 

Old Colony and Fall Eiver, concerning, 

Rockport, additional to Act incorporating, 

Salem and South Danvers, additional to Act incorporatin 

Somerville Horse, concerning, .... 

Southern Midland, Name of Land Damage Company changed 
to, ...... . 

Southbridge and Palmer, incorporated, . 

Springfield Horse, incorporated, 

Troy and Greenfield, additional for completing road, . 

Union Freight Horse, incorporated, 

Wenham Lake Branch, incorporated, . 

Winthrop, concerning, ..... 

"Worcester Horse, additional to Act incorporating, 
Railroad Corporations to hold annual meetings, 

" '• Returns and lleports of, relating to, . 

" Drawbridges, relating to, . . . . 

Railroads, Horse, uniform gauge of tracks established, 

Real Estate, certain, belonging to Commonwealth, sale authorized, 

" " Levy on, Writs of Scire Facias in certain cases. 
Rebellion, concerning, ..... 

Record of Soldiers and Officers, to preserve, . 
Recruiting and Enlistments, to promote and regulate, 

" Expenses of Towns, payment legalized, 

Reform School, in favor, • . . . 

" " and Nautical Branch, concerning, 
" " Record of Commitments to, concerning. 
Regimental Flags, lost or worn out, replacement of, . 
Regiments, Massachusetts, in Federal Army, concerning, 
Registers of Deeds, concerning, 
Registry of Deeds, concerning, ..... 

Relief Steam-boat Company, Charter amended and continued. 
Reports and Documents, Public, and Abstract, concerning, . 

" and Returns of Railroad Corporations, relating to, 
Returns of ^Military Expenditures, certain, provided for, 
" of Corporations, to assessors of towns, required, 
Rhode Island boundary line, erection of Monuments provided for. 



Page 484 
r,Oi 
4:54 

4'.)7 

3G7 
371> 
308 

373 
408, 508 
538 
41G 
423 
449 

434 

4(;o 

438 
510 
542 
432 
407 
3(;t) 
608 
530 
447 
426 
587 
444 
589 
406, 533 
419, 529 
389 
574 
453 
501 
507 
576 
501 
531 
3C9 
510, 539 
530 
577 
550 
565 



XVI 



INDEX. 



Kicliardson, John and others, on petition of, . 
Roads belonging to Commonwealth, certain, concerning. 
Roads in Hull, Gates over prohibited, .... 
Rockport Bank, reduction of Capital authorized, 

" Railroad Company, additional to Act incorporating, 
Rogers, George H., authorized to build Wharves in Gloucester, 
Roofs of Buildings, removal of Snow and Ice on, 
Russell, Mary W., in favor, ..... 

s. 

Sabbath, certain Offences committed on, concerning, . 
Salary of Adjutant-General, increased, 

" of Second Clerk of Adjutant-General, established, 
Salem, City of, additional to Act establishing, . 
Salem and South Danvers Railroad Compafiy, concerning, . 
Sanborn, F. G., in favor, ..... 

Savings Bank, Boston Penny, relating to, . 

" " South Boston, incorporated, 

" " Wellfleet, incorporated, 

" Banks, Powers of Investment extended, 

•' " Tax on deposits increased, 

" " may hold stock in certain banks, 

" Institution, Springfield, authorized to hold real estate. 
Schedules filed by Insolvent Debtors, concerning. 
School, Absentees from, additional to Act concerning, 
School Books, concerning, ..... 

School, State Industrial, concerning, .... 

" " Industrial and Reform, Record of Commitments to 

concerning, .... 

" " Normal, at Westfield, in favor, 

" " Reform, in favor, .... 

" " " and Nautical Branch, concerning, 

Schools of Gay Head Indians, in favor, 
Schools, Marshpee, in ftivor, ..... 

" Public, Military Drill in, concerning. 
Scire Facias, Writs of, from Police Courts, and J. P's, relating to, 
Sealing of Weights and Measures, relating to. 
Secretary's Department, certain Fees defined. 
Seminary, Williston, additional to Act incorporating, . 
Sergeant-at-Arms authorized to appoint Assistant, 
Sewall, S. E., concerning petition of, . 

Shaw, William F., in favor, ..... 
Shawmut Universalist Society, Name established. 
Sidewalks, in Cambridge and Springfield, concerning, 

" removal of Snow and Ice from, 

Small, James, jr., authorized to build Wharf, . 
Snow and Ice on Roofs of Buildings, relating to, 

" " on Sidewalks, Towns to provide for removal of, 



Page 669 
688 
473 
394 
416 
378 
417 
587 



454 
494 
369 
437 
423 
584 
452 
401 
401 
491 
479 
536 
373 
409 
394 
444 
495, 577 

501 
506 
574 
453 
568 
661 
580 
444 
492 
534 
363 
417 
587 
585 
393 
499 
434 
402 
417 
434 



INDEX. 



ikVll 



Societies, certain Ap;ricultural. for relief of, . 
Society, Boston Irish American Benevolent, incorporated, 
*' Christian Education, incorporated, 
" Father Mathew Total Abstinence, incorporated, 
" Fifth Univei'salist, in Boston, Name changed to Shawmut, 
" Hampden County Agricultural, in favor, 
" Hibernian Benevolent, incorporated, . 
" Slassachusctts Horticultural, may hold real estate, . 
" of Natural History, Boston, repeal of reservation certain 
lands, ...... 

Very Eeverend Father Mathew Total Abstinence, incorpo 
rated, ...... 

" Worcester South-East Agricultural, relating to. 
Soldiers, Discharge of, on Writ of Habeas Corpus, regulated, 
" Discharged, Home for, in favor, 

Sick and Wounded, Appropriation for care of, 
" and Otficers, Record of, to preserve, . 
Somerville Horse Railroad Company, concerning. 
South American Steam-ship Company, incorporated, . 
South Beach, in Edgartown, for protection. 
South Boston Savings Bank, incorporated, 
Southbridge and Palmer Railroad Company, incorporated, 
Southern Midland Railroad Company, Name established, 
Southwick Ponds, Conn., concerning diversion of Waters, . 
Special Messages of Governor, ..... 

Springfield, City of, may construct Drains, 

" " re-location of Streets and Waj'^s in, concerning 

" " Sidewalks in, concerning, 

" Gas-Light Companj% Capital increased, . 

" Horse Railroad Company, incorporated, . 

" Institution for Savings, may hold real estate, 

State Almshouse, at Bridgewater, in favor, 
" " at Monson, relating to, . 

■' Almshouses, removal of certain Indians to, authorized, 
•■ Charities, Board of, established, .... 

" Guard, formation authorized, .... 

" Industrial School, concerning, .... 

'• Library, additional accommodations authorized, 

" Normal School, at Westfield, in favor, . 

" Prison, relating to, .... . 

" Reform and Industrial Schools, Record of Commitments, con 
cerning, ....... 

" Reform School, in favor, ..... 

" " " and Nautical Branch, concerning. 

Steam-boat Company, Bay State, Charter amended, . 

" " Relief, Charter renewed. 

Steam-ship " American, incorporated, . , 

" " South American, incorporated, . 



Page nCA 
400 
429 
421 
o!»3 
5G7 
483 
404 

531 

422 
370 
470 
578 
573 

40G, 533 
449 
502 
459 
401 
460 
434 
589 
G33 
429 
503 
499 
389 
438 
373 

571, 585 
560 
473 
540 
481 
577 
503 
566 
570 

501 
574 
453 
535 
369 
432 
502 



491 



xviu 



INDEX. 



Steam-ship Company, TJnion, relating to, 

" " United States, incorporated, 

Stock of Corporations held by non-residents, taxation of, 
Stockholders of Manufacturing Corporations, liabilities of, 
Streets and Ways in Springfield, re-location of. 
Sugar Eefinery, Boston, increase of Capital authorized. 
Summoning of Witnesses, relating to, . 
Sumner, Major-General, Eesolves on the death of, 
Superior Court, terms may continue for pending cases. 
Swine, Fee for driving to Pound, established, . 



Page 412 
452 
536 
550 
503 
500 
472 
581 
379 
492 



Taunton Great Eiver, Fisheries in, concerning, . 

Tax of $2,396,568 apportioned and assessed, . 
" on deposits in Savings Banks, increased, . 
" for reimbursement of Bounties by Towns, to assess, 
" on Stock of Corporations held by non-residents, levy of. 
Taxation, more equal, to secure, 
Taxes assessed by Towns in aid of War, legalized, 

" for the several Counties, granted, 
Taylor, Ehoda M., in favor. 
Technology, Massachusetts Institute, concerning, 

" " " repeal of reservation certain 

lands. 
Thanksgivings, Special, payment of Bills Exchange, iScC, due on. 
Total Abstinence Society, Father Mathew, incorporated, 

" " " Very Eev. Father Mathew, incorporated 

Town Meetings, Election of Moderators, concerning, 

" Officers, Elections, in 1863, legalized, . 
Towns, Acts in aid of the War, legalized, 

" Appropriations by, for discharge of drafted persons, prohib 
ited, ....... 

" Bounties paid by, reimbursement provided, . 
" certain Military Expenditures of, Eeturns provided for. 
Towns of Plympton and Halifax, lines established, 
" of Uxbridge and Douglas, lines, relating to. 
Towns, removal of Snow and Ice from Sidewalks in, . 
Treasurer, may borrow Money in anticipation of Revenue, . 
Trial of Issues of Fact, relating to, . 

Troy and Greenfield Eailroad, additional Act for completing, 
Troy Indians, in favor, ...... 

Truant Children, additional Act concerning, . 

" " in Dukes County, concerning. 

Trust Property, Sale of, when persons not in being have interest, 
Trustees of Boston College, incorporated, 

" of Mass. Agricultural College, incorporated, 



410 
520 
479 
513 
536 
437 
389 
578 
573 
496 

531 
494 
421 
422 
501 
447 
389 

441 
513 
577 
365 
559 
434 
586 
493 
510 
579 
394 
446 
373 
441 
517 



INDEX. 



MX 



Trustees, Methodist Episcopal Church in Gloucester, may soil prop 
erty, ...... 



" Newburyport Veteran Artillery Company, incorpor 
" Permanent Peace Fund, incorporated, 
" Powers of, extended, in settling controversies, 
Tuckwell, S. S., and others, authorized to build Wharf, 
Turnpike, Braintree and Weymouth, additional concerning. 
Type Sotting Machine Company, incorporated. 



ited. 



Page 30:} 
5:31 
1570 
53G 
474 
417 
405 



TJ. 

Union Freight Horse Eailroad Company, incorporated, . . 542 

" Steam-ship Company, concerning, .... 412 

United States Notes, Banks may receive and circulate, . . 509 

" " Collectors of Internal Eevenue, may sue for recovery, 443 

United States, grant of lands by, reception provided for, . . 480 
United States Military and Naval Service, Depositions, &c., in, for 

taking, ...... 392 

" " Steam-ship Company, incorporated, . . . 452 

Universalist Society, Fifth, in Boston, Name changed, . . 393 

Usury, concerning, ..... . . 546 

Uxbridge and Douglas, boundaries, relating to, . . . 559 

V. 

Verj- Reverend Father Mathew, Total Abstinence Society, incorpo- 
rated, ...... ... 422 

Vested Rights, discharge of by Executors and others, relating to, . 534 

Volunteer ^Militia, allowance to, for services, .... 582 

Volunteers, Families of, additional Act in aid, . . . 413 

" prompt payment of, provided, .... 402 



w. 

Waltham Bank, reduction of Capital authorized. 
War Claim Association, Protective, incorporated, 
Washburn, Jerome, in favor, .... 
Washingtonian Home, in favor. 

Watchmen of State House, compensation as messengers, 
Water, City of Charlestown, Act to supply amended, 

" " New Bedford, for supplying, . 

" " Worcester, additional to Act for supplying. 

Water Rights, Southwick Ponds, Conn., concerning, . 
Weighing of Boilers and heavy machinery, relating to. 
Weights and Measures, Sealing of, relating to, 
Wellfleet Savings Bank, incorporated, . 
Wenham Lake Branch Railroad Company, incorporated. 
Wharf, Boston, concerning, .... 



400 
374 
581 
577 
586 
3G4 
474 
410 
589 
489 
492 
401 
432 
508 



XX 



INDEX. 



Wharf, in Dennis, James Small, jr., may build,. . . . Page 402 

" in Falmouth, Prince S. CroArell, may build, . . . 411 

" in Provincetown, Gideon and J. E. Bowley, may extend, . 498 

" in South Amesbury, S. S. Tuckwell and others, may build, . 474 

" in Wareham, Cape Cod Eailroad Company may build, . 422 

" in Wellfleet, N. P. Wiley and others, may build, . , 388 

" in Yarmouth, David K. Akin may extend, . . . 402 

Wharf Company, East Boston, Capital increased, . . . 450 

Wharves in Gloucester, George H. Rogers may build, . . 378 

White, William, in favor, ...... 588 

Wliituey, Addison O., in aid of Monument to, . . . . 588 

Wiley, Nathaniel P., and others, may build Wharf in Wellfleet, .' 388 

Williston Seminary, authorized to hold additional property, . . 3C3 

Winnisimmet Company, may increase Capital and change Name, . 451 

Winthrop Railroad Company, concerning, .... 407 

Withington, Increase S., Trustee, on petition, . . . 568 

Witnesses before Municipal authorities, attendance, . . . 472 

" Summoning of, relating to, . . . . . 472 

Women and Children, New England Hospital for, incorporated, . 412 

" Married, business copartnership of, prohibited, . . 479 

Wool, Major-General, in testimony of services and character, . 565 

Woollen Company, Hyde Park, incorporated, .... 374 

Worcester, City of, additional for supplying with Water, . . 410 

" Horse Railroad Company, Charter extended, . . 3G9' 

" South-East Agricultural Society, relating to, . . 370 

Wrentham Bank, reduction of Capital authorized, . . . 399 



z. 

Zoology, Museum of, publication of Catalogues, 



580