(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

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

ACTS 



RESOLYES 



PASSED BY THE 



General Court ai ^usu\utiis, 



IN THE YEAR 



18 6 4, 



TOGETHER WITH 



THE MESSAGES OF THE GOVERNOR, LIST OF THE CIVIL 
GOVERNMENT, CHANGES OF NAMES OF PERSONS, 

ETC., ETC., ETC. 



PUBLISHED BY THE 

SECRETARY OF THE COMMOXWEALTH. 




BOSTON: 

WRIGHT & POTTER, STATE PRINTERS, 
No. 4 Spring Lane. 

18 64. 



1^" The General Court of 1864 assembled on Wednesday, the sixth day of 
January, and was prorogued on Saturday the fourteenth day of May. 

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 eighth day of January. 



ACTS, 

GENERAL AND SPECIAL 



Chap. L 



Chap. 



An Act to extend the time for locating and constructing 

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

Section 1. The time for locating the Milford and Woon- 
socket Railroad is hereby extended one year, and the time 
for constructing the same is extended two years. 

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

Approved January 30, 1864. 
An Act to authorize savings banks and institutions for 

SAVINGS to invest IN CERTAIN BANK STOCKS. 

Be it enacted, §'c., as folio ws: 

Section 1. Savings banks and institutions for savings May invest in 
may invest their funds in the stock of any banking associa- u*aw v.^s^'ITw, 
tion located in this state, and organized under the provisions s"rk-uonso°fGeT 
of the act of congress, approved the twenty-fifth day of stats, of Mass. 
February, in the year eighteen hundred and sixty-tliree, 
subject to the restrictions contained in the one hundred and 
forty-third section of the fifty-seventh chapter of the General 
Statutes, and in all laws passed subsequently thereto : 
provided, hoirever, that such corporation shall not hold, by proviso, 
way of investment and as security for loans, more than one- 
quarter of the capital stock of any one bank. 

Section 2. Said corporations may deposit on call, in such May deposit on 

,. 1,1. '.. J • •. J. call, and receive 

national banking associations, and may receive interest interest, 
therefor, in the same manner as they are now authorized to 
do in banks incorporated under the authority of this state : 
provided, that the whole amount deposited in banks shall I'^o^'^o- 
not exceed the limits now fixed by law. 

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

Approved February 2, 1804. 



1864.— Chapter 3. 



Chap. 3. 



Appropriations 
authorized. 



Attorney-general 
— salary. 
G. S. 14. 

Clerk hire. 
G. S. 14. 

Secretary of Com- 
monwealth. 
G. S. 14. 



Second clerk. 
G. S. 14. 

Messenger. 
G. S. 14. 

Additional cleri- 
cal 1 
G. S. 14. 



Treasurer and re- 
ceiver-general. 
G. S. 16. 

First clerk. 
G. S. 16. 

Second clerk. 
G. S. 16. 

Cashier and ex- 
tra clerks. 
G. S. 15. 
Auditor of ac- 
counts. 
G. S.15. 
First clerk. 
6. S. 15. 



Additional cleri- 
cal assistance. 
G. S. 15. 



Witnes.ses before 
committees, fees. 
G. S. 157. 



An Act making appropriations for the maintenance of the 

government during the current year. 
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, 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-four, to wit : 

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

For clerk hire in the office of the attorney-general, one 
thousand dollars. 

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

For the salary of the first clerk in the secretary's office, 
fifteen hundred dollars. 

For the salary of the second clerk in the secretary's 
office, fourteen hundred dollars. 

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

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

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

For the salary of the first clerk in the treasurer's office, 
fifteen hundred dollars. 

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

For salary of a cashier, and for extra clerk hire in the 
treasurer's office, three thousand dollars. 

For the salary of the auditor of accounts, two thousand 
dollars. 

For the salary of the first clerk of the auditor of accounts, 
fifteen hundred dollars. 

For the salary of the second clerk of the auditor of 
accounts, eleven hundred dollars. 

For such additional clerical assistance as the auditor may 
find necessary, a sum not exceeding twenty-two hundred 
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. 



1864.— Chapter 3. 5 

For the compensation of the private secretary of the Governor's secre- 
governor, fourteen hundred dollars. Rji!"i86i, i. 

For the compensation of the messenger of the governor Messenger. 
and council, eight hundred dollars. g.s. i4. 

For the compensation of the assistant-messenger of the Assistant-mes- 
governor and council, three hundred and sixty-five dollars. g.Tu. 

For the salary of the sergeant-at-arms, two thousand ll'J^"''^-^^- 
dollars. o.'s.m. 

For the compensation of the bank commissioners, sixty- Bankcommis- 
six hundred dollars. Act'sTsea, 212. ■ 

For the salary of the clerk of the bank commissioners, cierk. 
fifteen hundred dollars. 

For the compensation of the board of insurance commis- insuranre com- 

V 1 1 n nussioners. 

sioners, three thousand dollars. ^ Acts 1802, 212. 

For the salary of the secretary of the IJoard of agricul- secretary board 
ture, two thousand dollars. g's. 16. 

For clerk hire in the office of the secretary of the board cierk hire. 
of agriculture, twelve hundred dollars. 

For the salary of the adjutant-general, two thousand Adjutant-gen- 

dollarS. Acts 1863, 181. 

For the salary of the first and second clerks of the adju- f/J^,^,^"^ "*<=°°"* 
tant-general, twenty-seven hundred dollars. ^'g''* 1^62, 214; 

For additional clerical assistance in the office of the Additional cieri- 
adju tant-general, twelve thousand and eighty dollars. a'saaTActs 

For the salary of the messengers in the adjutant-general's Jj^^^^^^g^ 
office, thirteen hundred and eighty dollars. <^Y'^ ?3; Acts 

For the salary of the surgeon-general, two thousand surgeon-generai. 

dollars. Acts 1861, 219. 

For the salary of the assistant surgeon-general, twelve ^^"j^'^^g'J'i 219, 
hundred dollars. 

For the salary of the first clerk in the surgeon-general's ^ct^'igQi'^-gig 
office, twelve hundred dollars. 

For the salary of the second clerk in the surgeon-general's Act3"i86i"2i9. 
office, twelve hundred dollars. 

For the salary of the messenger in the surgeon-general's ActTisoi^m 
office, two hundred and forty dollars. 

For the contingent expenses of the surgeon-general's Acts'rsoi^m 
office, five thousand dollars. 

The following shall be paid from the income of the school 
fund, viz. : 

For the salary of the secretary of the board of education, socrotary board 
twenty-two hundred dollars. aVus '1802, 212. 

P"'or the salary of the assistant-librarian and clerk of ri-rk and assist- 
the secretary of the board of education, fifteen hundred t°'d.o. 
dollars. 



186 4-. — Chapter 4. 



Additional as- 
sistance. 



Chap. 4. 



Appropriations 
authorized. 



Lieut, governor. 
G. S. 14 § 2. 



Senators mileage. 
G.S. 2, §13. 

Compensation. 
G. S.2, §§13,15. 

Represen tatives 

mileage. 
•G. S. 2, § 18. 
■Compensation. 
■G. S.2, §§ 13,15. 

•Clerks of Senate 
and House . 
■G. S. 2, i 17. 



■Chaplains. 
G. S. 2, § 18. 



Door-keepers, 

messengers, 

■watchmen and 

liremen. 

G. S. 2, § 19. 



Preacher of elec- 
tion sermon. 
G.S. 2, § 18. 
Transportation 
of state paupers. 
G. S. 71. 
Proviso. 



For additional assistance in the library, in accordance with 
the General Statutes, and of the resolves of eighteen hundred 
and sixty-one, a sum not exceeding nine hundred dollars. 

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

Approved February/ 2, 1864. 

An Act making appropriations for the mileage and compen- 
sation 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 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- 
governor and council, a sum not exceeding ten thousand 
dollars. 

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

For the compensation of senators, a sum not exceeding 
twelve thousand three hundred dollars. 

For the mileage of representatives, a sum not exceeding 
twenty-three hundred dollars. 

For the compensation of representatives, a sum not 
exceeding seventy-two thousand three hundred dollars. 

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

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

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

For the transportation of state paupers, to be expended 
by the board of state charities, a sum not exceeding six 
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 such 



1864.— Chapters 5, 6, 7. 7 

expenditures shall be rendered to the auditor of the Com- 
monwealth, on the first day of every month. 

For the compensation and expenses of persons employed ^^^j^*^^*^^^^^ 
in the payment of state bounties, under chapter two hundred 
and fifty-four of the acts of the year one thousand eight 
hundred and sixty-three, a sum not exceeding two thousand 
and five hundred dollars. 

For the removal of persons becoming a public charge, not ^ZTi^fJ^^' 
authorized to be removed by existing laws, a sum not 
exceeding five hundred dollars. 

For compensation of commissioners on the military acad- c^inmisMoners 
emy, as provided in chapter seventy-three of tlie resolves academy"^ 
of the year eighteen hundred and sixty-three, a sum not 
exceeding four hundred and fifty dollars. 

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

Approved February 2, 1864. 

Ax Act in addition to an act in relation to bank8. Chap. 5. 

Be it enacted, §'c., as follows : 

Section 1. The provisions of section first, chapter first ProTi^ns of^act 
of the acts of the year one thousand eight hundred and 
sixty-two, shall continue in force until the first day of Feb- 
ruary, in the year one thousand eight hundred and sixty-five. 

Section 2. This act shall take effect u|)on its passage. 

Approved February 2, 1864. 

An Act to incorporate tAe boston new church union. Chap. 6. 

Be it enacted, §'c., asfolloics: 

Section 1. William J. Parsons, George T. Hawley, corporators. 
Edwin 11. Abbot, their associates and successors, are hereby 
made a corporation by the name of the Boston New Church Title. 
Union, for the purpose of maintaining, in the city of Boston, p^^p^g^ 
a religious library and reading-room, and of promoting the 
knowledge of Christian truths ; with all the powers and privileges, 
privileges, and subject to all the duties, liabilities and 
restrictions, set forth in the sixty-eighth chapter of the 
General Statutes. 

Section 2. Said corporation may hold real and personal May hold estate. 
estate, for the purposes aforesaid, in addition to said library, 
to an amount not exceeding fifty thousand dollars. 

Approved February 8, 1864. 

An Act to incorporate the cape cod glass company. Chap. 7. 

Be it enacted, §-c., as follows: 

Section 1. Deming Jarves, James Read and Isaac Liver- corporators. 
more, their associates and successors, are hereby made a 
corporation by the name of the Cape Cod Glass Company, xitie. 



1864.— Chapters 8, 9. 



Purpose. 
Location. 
Privileges. 



Capital and es- 
tate defined. 



for the purpose of manufacturing glass, in all its various 
forms, in the town of Sandwich ; with all the powers and 
privileges, and subject to all the duties, liabilities and restric- 
tions, set forth in the sixtieth and sixty-eighth chapters of 
the General Statutes, and in all acts passed subsequent 
thereto relating to manufacturing corporations, so far as 
applicable thereto. 

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

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

Approved February 8, 1864. 

An Act to incorporate the eliot five cents savings bank. 
Be it enacted, SjX., asfolloios: 

James Ritchie, George Putnam, William S. Leland, their 
associates and successors, are hereby made a corporation by 
the name of the Eliot Five Cents Savings Bank, to be estab- 
lished and located in the city of Roxbury ; with all the 
powers and privileges, and subject to all the duties, liabilities 
and restrictions, set forth in the fifty-seventh chapter of the 
General Statutes, and in all oiher laws relating to savings 
banks. Approved February 8, 1864. 

Q An Act to continue in force an act to incorporate the 

BOYLSTON FIRE AND MARINE INSURANCE COMPANY, AND FOR 
OTHER PURPOSES. 

Be it enacted, §*c., as follows: 

Corporate powers SECTION 1. Thc act of tlic year one thousand eight 

oufumft^tirn'of hundred and twenty-four, chapter one hundred and forty- 

"'°^- three, entitled " An Act to^ incorporate the Boylston Fire 

and Marine Insurance Company," the act of the year one 

thousand eight hundred and forty-four, chapter seventy-four, 

* entitled " An Act to continue the Boylston Fire and Marine 

Insurance Company, and for other purposes," and all acts 

and parts of acts in amendment thereof or in addition 

thereto, shall be continued and remain in force from and 

after the twenty-sixth day of February, in the year one 

thousand eight hundred and sixty-five. 

uabrntfes' de-*^ SECTION 2. The said corporation shall have all the 

fined. powers and privileges, and be subject to all the duties, 

restrictions and liabilities, set forth in the general laws 



Chap. 8. 

Corporators. 

Title. 

Location. 

Privileges. 



Chop. 



1864.— Chapter 10. 9 

relating to such corporations, which are or may be in force, 
in the same manner as if the original charter- had been 
granted after the eleventh daj of March, in the year one 
thousand eight hundred and thirty-one. 

Approved February 8, 1861. 

An Act concerning the amherst, belchertown and palmer Chctp. 10. 

RAILROAD COMPANY. 

Be it enacted, Sfc, as follows : 

Section 1. The Amherst, Belchertown and Palmer May extend ^^its 
Railroad Company is hereby authorized to extend its rail- with vt. and 
road from a point at or near the present station in the village '^^''''- ^- ^^• 
of Amherst, through the towns of Amherst, Leverett, Sun- 
derland and Montague, to the most convenient point of inter- 
section with the Yermont and Massachusetts Railroad ; and 
for that purpose shall have all the powers and privileges, ^^''^''/j=^* 
and be subject to all the duties, restrictions and liabilities, 
provided in chapter two luindred and seventy-seven of the 
acts of the year eighteen hundred and fifty-one, and in the 
General Statutes relating to railroad corporations : provided, Limitations of 
the location of the extension of said railroad shall be filed *""®" 
agreeably to the General Statutes, and said extension con- 
structed within two years from the passage of this act. 

Section 2. The Amherst, Belchertown and Palmer May seii or lease 
Railroad Company is hereby authorized to sell or lease its franchise.""'^ 
railroad and franchise to the New London Northern Rail- 
road Company, upon such terms and conditions as shall be 
decided upon by a majority of the stockholders present and 
voting at a legal meeting of said company called for that 
purpose. The New London Northern Railroad Company is New London 

{ 1 ii • 1 T 11 X I' • -i. /.Northern K. R. 

hereby authorized and empowered by a vote oi a majority oi co. may purchase 
the stockholders present and voting at a legal meeting of °'"^'''^"'" 
said company, called for that purpose, to purchase or lease 
the railroad and franchise of tlie Amherst, Belchertown and 
Palmer Railroad Company. If said railroad and franchise 
be so leased or purchased, tlie New London Northern Rail- 
road Company shall have all the rights and privileges, and 
be subject to all the restrictions, duties and liabilities, set 
forth in the charter of the Amherst, Belchertown and Palmer 
Railroad Company. 

Section 3. Tlie New London Northern Railroad Company n. l. n._ and a. 
and the Amherst, Belchertown and Palmer Railroad Com- " 
panyj are hereby authorized to unite with each other within 
two years from the passage of this act, upon such terms, not 
inconsistent with the provisions of tlieir respective charters 
or the acts in addition to the same, nor witli the laws of this 



10 1864.— Chapter 11. 

Commonwealth, as the stockholders of the respective corpo- 
rations present and voting at legal meetings called for that 
purpose, at which a quorum shall be present, shall deter- 
mine ; and thereupon, said two corporations shall become 
Title of new cor- one Corporation, under the name of the New London 
pora ion. Nortlicm Railroad Company, with a capital stock not 

exceeding the joint capital of the two corporations ; and 
said corporation is hereby authorized, for the purpose of 
constructing the section of railroad described in the first 
May issue bonds scctiou of tliis act, and for other purposes, to issue bonds for 
au^thorizeTlu""' SHI amouut uot excceding three hundred thousand dollars, 
first section.. ^^ ^ ^,^^q ^^ iutcrcst uot cxcceding six per cent, per annum, 
and to secure said bonds by a mortgage upon their railroad, 
its francjiise and property. 
Rights, duties Section 4. The corporation thus formed shall have all 
new cMporaTioQ^ thc powcrs, rights, property and franchise which the respec- 
tive corporations severally have at the time when they unite, 
and shall be subject to all the liabilities, duties and restric- 
tions, to which said corporations may be severally subject. 
Annual report. SECTION 5. The aimual rcports made by said new corpo- 
ration to the legislature of this Commonwealth, shall show the 
amount of expenditure, receipts and profits, which belong to 
the parts of its road situate in the different states respectively. 
Section 6. This act shall take effect upon its passage. 

Approved February 8, 1864. 

Chat) 1 1 -^^ ^^^ ^*^ AUTHORIZE THE TOWN OF BREWSTER TO TAKE STOCK 
"' ' IN THE CAPE COD CENTRAL RAILROAD COMPANY. 

Be it enacted, SjX., as follows: 
amount^of *° SECTION 1. Thc towu of Brcwstcr is hereby authorized 

f25!ooo.° to subscribe for and hold shares in the capital stock of the 

Cape 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. 
^Ya'^"boiia's°"or Section 2. The said town of Brewster is hereby author- 
by loan or tax. ized to raise, by issuing its bonds, or by loan or tax, any 
sums of money which shall be required to pay its instalments 
or its subscriptions to said stock and interest thereon. 
Committee, in Section 8. Tlic Committee appointed by a vote of said 
mVy^ subscribe ' towu of Brcwstcr, to petition this legislature for the authority 
for shares. granted in the first and second sections of this act, is hereby 

authorized to subscribe, in behalf of said town, for the num- 
ber of shares in the capital stock of said Cape Cod Central 



1864.— Chapter 12. 11 

Railroad Company, as voted by said town at a meeting held 
on the twenty-fifth day of July, eighteen hundred and sixty- 
three ; and said committee, or any future committee May cast Tote of 
appointed by said town for the purpose, is hereby further torr 
authorized to cast the vote of said town in the choice of 
directors for said road, and to do all other acts in behalf of 
said town pertaining to said railroad, authorized by said 
vote of said town. 

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

Approved February 8, 1864. 
An Act to incorporate the new Bedford and new york Chap. 12. 

STEAM PROPELLER COMPANY. 

Be it enacted, ^'c, as follows: 

Section 1. Sylvanus Thomas, Edward D. Mandell, Otis corporators. 
Seabury, their associates and successors, are hereby made a 
corporation by the name of the New Bedford and New York Title. 
Steam Propeller Company, with all the powers and privileges. 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 relating to such corporations. 

Section 2. Said corporation is hereby authorized and Mayownanduse 
empowered to build, purchase, charter, hold and convey one ^''•'™-'''''''^- 
or more steam-ships or steam propellers, and to employ the 
same in the business of transporting passengers and freight 
between the ports of New Bedford and New York, with 
liberty to touch at intermediate ports. 

Section 3. Tlie capital stock of said corporation shall capital. 
not exceed one hundred and fifty thousand dollars, and shall 
be divided into shares of the par value of one hundred dollars 
each. Said corporation shall have power to assess, from corporation may 
time to time, upon said shares, such sums as may be deemed gUMes."''"" 
necessary to accomplish its object, not exceeding the par 
value of said shares. No certificate of stock shall be issued conditions of 
until the par value thereof shall have been actually paid in, bul'LcX 
and no business shall be transacted by said corporation 
until at least seventy-five thousand dollars of its capital stock 
shall have been subscribed. 

Section 4. If said corporation shall not, within one year organization and 
from the passage hereof, have been organized and have a'imfof'ti'meTor^ 
collected by assessment an amount equal at least to fifty per ^^pi,!;'/.^"""" "'' 
cent, of its capital stock subscribed, and shall not, witliin 
two years from the passage of this act, have one or more 
steam-ships or steam propellers employed in the transporta- 
tion of j)assengers and freight between said ports of New 
Bedford and New York ; or if said corporation shall there- 



12 



1864.— Chapters 13, U, 15, 16. 



Chap. 13, 



Chap. 14. 



May hold real 
estate. 



Chap. 15. 



Word " white ' 
stricken from 
statutes. 



auqj. 16. 

Corporators. 
Title. 

Privileges. 



after fail, for the period of one year, so to employ one or 
more steam-ships or steam propellers iu said business, then 
this act shall be null and void. 

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

Approved February 8, 1864. 

An Act to change the name of the congkegational society 
OF the third parish of roxbury. 

Be it enacted, ^'c, as follows : 

Section 1. The Congregational Society of the Third 
Parish in Roxbury shall hereafter be called and known by 
the name of the First Congregational Society of Jamaica 
Plain. 

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

Approved February 8, 1864. 

An Act to change the name and amend the act of incor- 
poration OF THE second BAPTIST SOCIETY IN TAUNTON. 

Be it enacted, Sj'c, as folloios : 

Section 1. The Second Baptist Society in Taunton shall 
hereafter be called and known by the name of the Winthrop 
Street Baptist Society. 

Section 2. Chapter eighty-four of the acts of the year 
eighteen hundred and thirty-three, entitled " An Act to 
incorporate the Second Baptist Society in Taunton," is 
hereby so amended as to permit said society to hold real 
estate not exceeding sixty thousand dollars in value. 

Approved February 8, 1864. 

An Act relating to eligibility to military office. 
Be it enacted, ^'c, as folloivs : 

The thirty-sixth section of the thirteenth chapter of the 
General Statutes is hereby amended by striking out the 
word white therein. Approved February 8, 1864. 

An Act to incorporate the north easton savings bank. 
Be it enacted, ^"c, as follows: 

Section 1. Oliver Ames, junior, A. A. Gilmore, John 
H. Swain, their associates and successors, are hereby made 
a corporation by the name of the North Easton Savings 
Bank, to be established and located in that part of the town 
of Easton called North Easton ; with all the powers and 
privileges, and subject to all the duties, liabilities and 
restrictions, set forth in the fifty-seventh chapter of the 
General Statutes, and in all other laws of tliis Common- 
wealth relating to institutions for savings. 

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

Approved February 8, 1864. 



Chap. 18. 



1864.— Chapters 17, .18, 19. 13 

An Act to authorize joseph o. proctor to extend his wharf QJi^n 17 

IN GLOUCESTER. ^' 

Be it enacted, Sj-c, as folloivs : 

Joseph 0. Proctor, proprietor of a wharf in Gloucester, Extension de- 
situated in that part of the town known as Harbor Cove, is ^°^'^" 
hereby authorized to extend and maintain said wharf, not 
exceeding fifty-five feet in width, seventy-five feet in a north- 
easterly direction into said cove, with the right to lay vessels 
at the end and sides of said wharf, and receive wharfage and 
dockage therefor : provided^ however, that if a channel line 
is hereafter duly established by authority of law in the 
harbor of said Gloucester, said wharf shall not be maintained 
beyond said line; 2i\\^ provided, further ,i\\2Li this grant shall 
in no wise impair the legal rights of any person. 

Approved February 8, 1S64. 
An Act to authorize the old colony and Newport railway 

COMPANY to cross CERTAIN STREETS IN FALL RIVER, AT 
GRADE. 

Be it enacted, §'e., asfoUoics: 

Section 1. The Old Colony and Newport Railway Com- May construct 
pany is hereby authorized to construct the extension of its E^gie ^%Yretts, 
railroad, authorized to be built by chapter one hundred and and%3.''^°^^^ 
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," and by 
chapter two hundred and thirty-eight of the acts of the year 
eighteen hundred and sixty-three, entitled " An Act concern- 
mg the Old Colony and Fall River Railroad Company," 
across a public street or way called Ferry Street, and a 
public street or way called Eagle Street, in the city of Fall 
River, at or near their junction, on a level with said streets 
or ways, and at grade therewith. 

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

Approved February 10, 1864. 
An Act to authorize the fitchburg and Worcester railroad 

COMPANY to issue FIRST CLASS PREFERRED STOCK. 

Be it enacted, §'c., as follows: 

Section 1. The Fitchburg and Worcester Railroad May issue addi- 
Company are hereby authorized -to issue four hundred and stock. ^'■*''"* 
forty-seven shares of first class preferred stock in addition to 
the two thousand and fifty-three shares of the same class of 
stock heretofore authorized by law ; the stock authorized to shaii bo es- 
be issued by this act shall be exchanged at par for the second for'forme/isauM' 
class preferred stock, and the outstanding original stock of 
said com})any heretofore issued. 



Chap. 19. 



14 1864.— Chapters 20, 21, 22. 

uduy of act?*^ ^^- SECTION 2. Tliis act shall not take effect until approved 
by three-fourths of the stockholders present and voting, at a 
meeting legally called for that purpose. 

Approved February 12, 1864. 

Chap. 20. ^^ -^CT TO CHANGE THE NAME OP THE CHICOPEE MANUFACTURING 

COMPANY. 

Be it enacted^ ^-c, asfoUoivs: 
EUerton Mills. SECTION 1. The Chicopec Manufacturing Company shall 
hereafter be called and known by the name of the EUerton 
Mills. 

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

Approved February 12, 1864. 

Chap. 21. -^ ■^^'^ '^O AUTHORIZE WILLIAM H. FRIEND AND ANOTHER TO BUILD 
' A WHARF IN GLOUCESTER. 

Be it enacted, Sfc, as follows: 

vuTcen^t^BPoinr SECTION 1. William H. Friend and Lemuel Friend, Jr., 
owners of land and flats on Vincent's Point in Gloucester, 
are hereby authorized to build and maintain a wharf in said 
Gloucester, adjacent to their land and flats aforesaid, between 
the wharves of John Pugh on the east, and Samuel R. Lane 
on the west, and extending not more than two hundred feet 
in length, by not more than forty feet in width, in a south- 
easterly direction from high-water mark towards the channel ; 
with a right to lay vessels at the end and sides of said wharf, 

Provisos. ^^^^ receive wharfage and dockage therefor : provided, hoiv- 

ever, that if a channel line is hereafter duly established by 
authority of law in the harbor of said Gloucester, said wharf 
shall not be maintained beyond such line ; and provided, 
a/so, that this grant shall in no wise impair the legal rights 
of any person. Approved February 12, 1864. 

Chan 22 "^^ "^^^ ^^ continue in force an act incorporating the me- 

"' ' CHANICS' MUTUAL FIRE INSURANCE COMPANY. 

Be it enacted, ^t., as follows. • 

Corporate powers Tlic act of thc ycar ouc thousand eight hundred and thirty- 
continued with- . . i-ji -\ri •iTiV.iTT T 

out umitation of SIX, incorporating the Mechanics Mutual Fire Insurance 
time. Company, in Boston, with any acts in addition thereto, or in 

amendment thereof, shall be continued in force from and 
after the fifteenth day of April, in the year one thousand 
eight hundred and sixty-four ; with all the powers and 
privileges, and subject to all the duties, liabilities and re- 
strictions, set forth in the general laws which now are or 
hereafter may be in force, relating to such corporations. 

Approved February 12, 1864. 



1864.— Chapters 23, 24, 25, 26. 15 

An Act in addition to an act to incorporate the Middlesex QJi^^ 23. 

COMPANY. ■' ' 

Be it enacted, ^r., as folloics : 

Section 1. The Middlesex Company is hereby authorized May^inor^ease cap- 
to increase its capital stock to an amount not exceeding one ' 
million dollars. 

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

Approved February 12, 1864. 
An Act in addition to an act to incorporate the hyde park QJiap. 24. 

WOOLLEN company. ^ 

Be it enacted, ^'c, as foUoivs : 

Section 1. The Hyde Park Woollen Company is hereby H^f^^^''^'^'^- 
authorized to increase its capital stock by adding thereto an '"■ *°" ' 
amount not exceeding one hundred and fifty thousand 
dollars, in shares of one hundred dollars each. 

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

Approved February 12, 1864. 

An Act in relation to the congregational society in the QJiQp^ 25. 
first precinct in the town of rehoboth. "' 

Be it enacted, Sfc, as follows: 

Section 1. The Congregational Society, in the first pre- Name changed. 
cinct in the town of Rehoboth, commonly known as the 
Congregational Society in the town of Seekonk, incorporated 
on the twenty-third day of June, in the year one thousand 
seven hundred and ninety-two, shall hereafter be known, 
and called by the name of the Congregational Society in 
the town of Seekonk. 

Section 2. All acts and transactions heretofore done Acts and titles 
by said society, under the name of the Congregational 
Society in the town of Seekonk, are hereby made valid and 
confirmed to the same extent as they would have been, had 
said acts been done under the name of the Congregational 
Society in the first precinct in the town of Rehobotli. 

Section 3. Said society shall have the right and privilege ^''^^1^°'^ 'j^'*^^ 
of holding its meetings for the choice of its officers, or providence, r. i. 
transaction of any other business, in its meeting-house, 
situated in th 
Rhode Island. 

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

Approved February 12, 1864. 



An Act in addition to an act to incorporate the real estate ni.f,^^ OQ 

AND BUILDING COMPANY. -^ * 

Be it enacted, Sfc, as follows: 

The Real Estate and Building Company is hereby an- "';[ in,p'i""e''^' 



16 1864.— Chapters 27, 28, 29. 

in the towns of Dorchester, Milton and Dedham, within two 
miles of the factory of the Hyde Park Woollen Company, 
not exceeding five hundred acres, and to sell, lease and 
improve the same, and to perform such other legal acts as 
may be necessary to accomplish said objects ; subject, how- 
ever, to the provisions of the charter of said company not 
inconsistent with this act, and to all general laws which are 
or may be in force, relating to such corporations. 

Approved February 12, 1864. 

Chap. 27. -^N ^^'^ "^O AUTHORIZE THE SIMPSON'S PATENT DRY DOCK COMPANY 
• ' ' TO BUILD A WHARF IN EAST BOSTON. 

Be it enacted, ^'c, as follotos: 

The Simpson's Patent Dry Dock Company, proprietors of 
land and flats situate on Marginal Street, in that part of 
Boston called East Boston, are hereby authorized to build 
and maintain a wharf adjacent to their lands and flats afore- 
said, and not less than forty feet distant from the westerly 
line thereof, and extending to the commissioners' line ; with 
a right to lay vessels at the end and sides of said wharf, and 
to receive wharfage and dockage therefor ; but no part of 
said wharf shall extend beyond said line : provided^ that 
this grant shall in no wise impair the legal rights of any 
person. Approved Felruary 12, 1864. 

Chat). 28. -^^ -^^^ CONCERNING THE RETURNS OF CORONERS. 

Be it enacted, Sfc, as follows : 
Manuscripts of Coroucrs taking inquisitions and written evidence in 
of'^e^deTce, cer- cascs othcr tliau thosc mentioned in section ten, chapter one 
tur"ned°to ^clerks huudrcd aud scvcnty-five of the General Statutes, shall 
superior court, rctum thc samc to the clerks of the superior court in 
Clerk to file. their rcspcctive counties, within thirty days ; and the same 

shall be kept on file by said clerks. 

Approved February 12, 1864. 

Chap. 29. -^N -^CT RELATING TO THE INVESTMENT OF THE CAPITAL AND FUNDS 
OF INSURANCE COMPANIES. 

Be it enacted, Sfc, as follows: 

stock of^bankin'^ SECTION 1. lusuraucc companics may make investment 

houses organizea of thclr Capital and other funds in the stock of any banking; 

association located in this Commonwealth and organized 

under the provisions of an act of congress entitled " An 

Act to provide a national currency, secured by a pledge of 

United States stocks, and to provide for the circulation and 

redemption thereof," approved on the twenty-fifth day of 

February, in the year eighteen hundred and sixty-three : 

Proviso. provided, however, that no insurance company shall own or 



1864.— Chapter 30. 17 

hold as collateral security more than one-fourth of the cap- 
ital of any one of such banking associations. 

Section 2. Any insurance company which shall make [^T^unde'r^T't 
any investment in the stock of any banking association, as pection, iimit»- 
authorized by the first section of this act, shall continue '""^°*"'^^*^"«''- 
subject to all the limitations and restrictions contained in 
the thirty-first section of the fifty-eighth chapter of the 
General Statutes, except as herein otherwise provided. 

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

Approved February 12, 1864:. 
An Act concerning the dorchester and roxbury railroad Qhni) Q() 

" COMPANY. ' "• • 

Be it enacted. Sec, as follows: 

Section 1. The Dorchester and Roxbury Railroad cfen/'prV 
Company is hereby authorized to sell its rights, franchise, erty to certain 
raih-oad and other property to any other horse railroad cor- tioal'"^''^°'''^ 
poration in the counties of Suffolk and Norfolk, or in either 
of tliem : provided, hoivever, that no such sale shall be ^'^''""'• 
made without the sanction of a majority in interest of the 
stockholders of said Dorchester and Roxbury Railroad 
Company, and that the purchase shall not be made by any 
other horse railroad company, without the approval of a 
majority of the stockholders present and voting thereon, at 
a meeting of stockholders called for that purpose. 

Section 2. If the Dorchester and Roxbury Railroad ^^ •^'^e of saie, 
Company shall sell their rights, franchise, railroad and be consoiiaate('i 
other property to any other horse railroad corporation, said c^ompany!'""'"'^ 
two corporations shall thereupon become one corporation 
under the corporate name of the purchasing company ; and 
all the powers and privileges now enjoyed by said two cor- lirbTiS*"'^ 
porations, excepting the power of the Dorchester and Rox- 
bury Railroad Company to issue capital stock, and all the 
restrictions, duties and liabilities imposed upon said two 
corporations, by virtue of their respective charters, shall 
appertain to said united corporation ; and said united cor- 
poration shall be subject to all general provisions of law 
that are or may hereafter be in force relative to horse rail- 
road corporations. 

Section 3. The rights of any creditor of the Dorchester Rights of persons 
and Roxbury Railroad Company or the rights of any other '"''^° eauctod. 
person or corporation shall not be affected by the sale 
herein authorized; nor shall the amount of capital stock Limitation of 
issued to represent the property after its sale be greater <="p"*' '*«'*"'''i 
than the sum actually paid in cash fortlie property, nor greater 
than the amount which now represents said property. 

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

3 Approved February 10, 1864. 



Chap. 32. 



functions 



18 1864.— Chapters 31, 82, 33. 

Chan 31 ^ ^^^ ^*^ confirm cektain acts done by james rice as a 

■^ * ' JUSTICE OF THE PEACE. 

Be it enacted, Sfc, as follows : 

Section 1. All acts done by James Rice, of Boston, 
Esquire, as a justice of the peace, within and for the county 
of Suffolk, between the thirty-first day of December, in the 
year one thousand eight hundred and sixty-two, and the 
fifteenth day of December, in the year one thousand eight 
hundred and sixty-three, are hereby confirmed and made 
valid 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 February 16, 1864. 
An Act in addition to an act to incorporate the Lancaster 

MILLS. 

Be it enacted, Sj-c, as follows : 
Mayexercise SECTION 1. Thc Laucastcr Mills are hereby authorized 

to exercise their corporate franchise in the town of Boylston, 
as well as in the town of Clinton. 

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

Approved February 16, 1864. 

An Act to incorporate the ^>tna mills. 
Be it enacted, Sfc, as follows : 

Corporators. SECTION 1. Arthur Pickcriug, Josiah Stickney, William 

F. Freeman, their associates and successors, are hereby 

Title. made a corporation .by the name of the JEtna Mills, for the 

Purpose. manufacture of woolen and other textile and mixed fabrics, 

and for the preparation of coloring materials and dye-stuffs, 
and for the manufacture of woolen machinery, and machines 
for the preparation of coloring materials and dye-stuffs, in 

Location. the towiis of Watcrtowu and Newton, in the county of 

Middlesex ; and for this purpose shall have all the powers 

Privileges and and privilcgcs, and be subject to all the duties, restrictions 

restrictions. ^^^^ liabilities, set forth in the general laws which now are 
or may hereafter be in force, 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. thousand dollars ; and the whole capital stock of said corpo- 

ration shall not exceed three hundred thousand dollars, in 

ProTiso. shares of one hundred dollars each : provided, however, that 

said corporation shall not go into operation until the sum of 
one hundred thousand dollars of its capital stock has been 
paid in, in cash. 

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

Approved February 16, 1864. 



Chap. 33. 



1864— Chapters 34, 35, 36, 37. 19 

An Act to authorize amos a. story to extend his wharf (^^^« 34. 
in gloucester. "' 

Be it enacted^ ^'c, as follows : 

Amos A. Story, proprietor of a wharf in Gloucester, situ- 
ated in that part of said Gloucester known as Eastern Point, 
is hereby authorized to extend and maintain said wharf in 
its present width in a north-westerly direction into the cove, 
witli a right to lay vessels at the end and sides thereof, and 
to receive' wharfage and dockage therefor : provided, how- 
ever, that said wharf shall not extend a distance in the whole 
of more than three hundred feet from the main road or high- 
water mark ; and provided, also, that tins grant shall in no 
wise impair the legal rights of any person. 

Approved February 16, 1864. 

An Act to authorize jamks h. tripp and others to extend Chap. 35. 

THEIR WHARF IN CHATHAM. 

Be it enacted, c^c, as follows : 

James H. Tripp, Collins Howes, jr., and Asa Nye, jr., 
proprietors of a wharf in Chatham, at a place called Hard- 
ing's Beach, are hereby authorized to extend said wharf 
twenty-five feet, with the right to lay vessels at the end and 
sides thereof, and to receive wharfage and dockage therefor: 
provided, that this grant shall in no wise impair the legal 
rights of any person. Approved February 16, 1864. 

An Act in relation to the mutual protection fire insurance Chap. 36. 

COMPANY. 



Be it enacted, Sfc, as 

Section 1. Chapter one hundred and eighty-five of the Act incorpom- 

• 1 iiii'-ii *"'8 said corn- 

acts of the year eigliteen hundred and sixty-one is liereby pauy revived. 

revived and continued in force ; and the Mutual Protection 

Fire Insurance Company, incorporated by said chapter, shall 

have all the powers and privileges, and be subject to all the 

duties, liabilities and restrictions, contained in all general 

laws which now are or hereafter may be in force relating to 

such corporations. 

Section 2. Section second of said chapter is hereby Repeal of section 
repealed. 

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

Approved February 16, 1864. 
An Act to increase the capital stock of the charlestown Chap. 37. 

GAS COMPANY. "' 

Be it enacted, Sj-c, as follows 

mrlocfnwn fin<s rinmnnnv is hnrfibv 

$100,000. 



Section 1. The Charlestown Gas Company is hereby ^'"J/q""'^ 



authorized to increase its capital stock, by an amount not 
exceeding one hundred thousand dollars, at such times and 



20 . 1864.— Chapters 38, 39. 

in such sums as the directors may determine. And said 

^''^^ '"swTono^*^ company is also authorized to hold real estate to an amount 

' ■ not exceeding fifty thousand dollars, in addition to the 

amount heretofore authorized by chapter ninety-eight of the 

acts of the year eighteen hundred and forty-six. 

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

Approved February 16, 1864. 

Chap. 38. -A-N Act to continue in force the "act to incorporate the 

HOWARD FIRE INSURANCE COMPANY." 

Be it enacted, ^'c, as follows: 
contS^wlth- The act of the year one thousand eight hundred and 
o^jimitation of forty-cight, entitled " An Act to incorporate the Howard 
Fire Insurance Company," and the act in addition thereto 
passed in the year one thousand eight hundred and sixty- 
one, shall be, remain and continue in force from and after 
the thirty-first day of January, in the year one thousand 
eight hundred and sixty-eight. And said company shall 
continue from and after said thirty-first day of January to 
be a corporation under the name of the Howard Fire Insur- 
ance Company, with all the powers and privileges, and sub- 
ject to all the duties and liabilities, set forth in the general 
laws which now are or may hereafter be in force in relation 

to such corporations. Approved February 18, 1864. 

Chap. 39. -^N -^CT TO incorporate THE WASHBURN IRON COMPANY. 

Be it enacted, §'c., as follows: 

Corporators. SECTION 1. Nathan Washbum, Isaac Davis and Edward 

L. Davis, their associates and successors, are hereby made a 

Title. corporation, by the name of the Washburn Iron Com- 

pany, for the purpose of manufacturing iron and steel in 
the city of Worcester ; and for this purpose shall have all 
the powers and privileges, and be subject to all the duties, 
restrictions and liabilities, set forth in the general laws, 
which now are or hereafter may be in force relating to such 
corporations. 

Real estate. SECTION 2. The Said corporatiou may hold, for the pur- 

poses aforesaid, real estate to the amount of four hundred 

Capital. thousand dollars ; and the whole capital stock of said cor- 

poration shall not exceed five hundred thousand dollars, in 

Proviso. shares of one hundred dollars each : provided, however, 

that said corporation shall not go into operation until the 
sum of one hundred thousand dollars of its capital stock 
has been paid in, in cash. 

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

Approved February 18, 1864. . 



1864.— Chapters 40, 41, 42, 43. 21 

An Act to revive " an act concerning the essex railroad Chat) 40 

COMPANY AND THE EASTERN RAILROAD COMPANY." -t * 

Be it enacted, tVc, as follows: 

Chapter ninety of the acts of the year eighteen hundred ^^0^1^11^ 
and sixty-three, entitled " An Act concerning the Essex Rail- 
road Company and the Eastern Railroad Company," is hereby 
revived, and the time limited in the first section of said act 
is hereby extended two years from the passage of this act. 

Approved February 18, 1864. 

An Act to annul the charter of the clinton company. Chap. 41. 

Be it enacted, c5t., as follows: 

The charter of the Clinton Company, upon the petition Ac'^_^to^^n«orpo- 
of said corporation, is hereby annulled ; and chapter thirty- tioa thereto re- 
four of the acts of the year eighteen lumdred and thirty- ^^^^^'^' 
eight, entitled " An Act to incorporate the Clinton Com- 
pany," and the several acts in addition thereto, are hereby 
repealed : subject, however, to the provisions of the sixty- Proviso- 
eighth chapter of the General Statutes applicable thereto. 

Approved February 18, 1864. 

An Act TO incorporate the rollin white arms company. Chap. 42. 

Be it enacted, Sfc, as follows: 

Section 1. Rufus S. Lewis, John Tripp, David C. corporators. 
Rogers, their associates and successors, are hereby made a 
corporation, by the name of the Rollin White Arms Com- Title. 
pany, to be established in the city of Lowell, for the purpose Location. 
of manufacturing and selling fire-arms, machinery and tools ; 
with all the powers and privileges, and subject to all the Priviiege.s and 
duties, restrictions and liabilities, set forth in the general '■*^'""'°''*- 
laws, which now are or may hereafter be in force relating 
to manufacturing corporations. 

Section 2. The capital stock of said corporation shall capital, 
not exceed three hundred thousand dollars, in shares of one 
hundred dollars each : provided, however, that said corpo- ProTiso. 
ration sliall not go into operation until fifty thousand dollars 
of its capital has been paid in, in cash. 

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

Approved February 18, 1864. 

An Act to authorize the faneuil hall bank to hold real Chan. 43. 

estate. ^ 

Be it enacted, §-c., as follows : 

Section 1. The President, Directors and Company of the of*|8o°(wo°'*'"* 
Faneuil Hall Bank are hereby authorized to take and to " 
hold real estate to the value of eighty thousand dollars, for 
the convenient transaction of their business. 

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

Approved February 18, 1864. 



22 



1864. — Chapters 44, 45. 



Chap. 44. 



Town to have 
control and dis- 
position within 
own limits. 



Moneys received 
for sales, how 



Chap. 45. 



Commissioners 
may pay for 
lands, and re- 
ceive and make 
conveyances. 



Conveyances by 
county to be 
quitclaim. 



No permit for 
removal of beach 
material to be 
granted. 



An Act to regulate the oyster fishery in the town of 
somerset. 
Be it enacted, Sfc, as follows : 

Section 1. The town of Somerset shall have the exclu- 
sive control of the oyster fishery in that part of Taunton 
River within the limits of said town, and may sell at public 
or private sale as said town may legally determine, the right 
or privilege of taking oysters within the limits of said town, 
for a term of not less than three nor more than ten years at 
any one term ; and all moneys arising from said sale or sales 
shall be paid unto the treasurer of said town for its use ; 
subject, however, to all the restrictions, obligations, regula- 
tions and penalties, not inconsistent with this act, contained 
in chapter one hundred and ninety-four of the acts of the 
year eighteen hundred and forty-seven, entitled "An Act to 
define the limits of certain towns on Taunton Great River 
and concerning the Oyster Fishery therein." 

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

Approved February 18, 1864. 

An Act to authorize the commissioners of the county of 
plymouth to purchase, sell or lease certain common and 
undivided lands in the town of hull. 
Be it enacted, ^c, as follows : 

Section 1. The county commissioners of the county of 
Plymouth, and their successors in office, are hereby author- 
ized to purchase the whole or any part of the common and 
undivided lands, and riglits therein, in the town of Hull, in 
said county, of the " Proprietors of Common and Undivided 
Lands in the town of Hull," to receive conveyances thereof 
in behalf of said county, and to pay for the same from the 
ti-easury of said county, and for and in behalf and in the 
name of said county, to sell, convey or lease the whole or 
any part of such lands as they shall purchase as aforesaid. 

Section 2. Said county commissioners and their suc- 
cessors in office shall not covenant to bind, and said county 
shall not be bound, by any covenants other than that of quit- 
claim and release of such title as they may obtain from their 
grantors. 

Section 3. Neither said commissioners nor the grantees 
of said county shall remove or give the right to any person 
to remove any sand, gravel or stones from the beaches com- 
prising a part of any lands which said commissioners shall 
purchase as aforesaid. 

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

Approved February 19, 1864. 



1864.— -Chapters 46, 47. 23 

As Act concerxino the Massachusetts general hospital. Chap. 46. 

Be it enacted, ^'c, as follotvs : 

Section 1. The governor with the advice and consent of a^TDrtrustees 
the council, shall annually, as soon as may be after the first anauaiiy. 
Wednesday in February, appoint four trustees of the Massa- 
chusetts General Hospital, who shall hold their offices for 
one year, or until the appointment of their successors ; and 
in case of the occurring of any vacancy by death or resigna- 
tion among the trustees so appointed, the governor may, 
with the advice and consent of the council, fill such vacancy. 

Section 2. So much of the ninety-fourth chapter of the Repeal of author- 
acts of the year eighteen hundred and ten, and of the thirty- ment°by boarTof 
first chapter of the acts of the year eighteen hundred and '''sitors. 
nineteen, as authorize the appointment of trustees of said 
hospital by the board of visitors thereof, are hereby repealed. 

Section 3. This act shall not take effect until it has been ^hen°accepte°d.''^ 
accepted by the Massachusetts General Hospital, at a meeting 
of the corporation specially called for tlie purpose. 

Approved February 25, 1864. 

An Act in further addition to " an act in aid of the families Qfian. 47. 

OF volunteers." "' 

Be it enacted, ^x., as follows: 

Section 1. Any town or city may raise money, by tax or Towns and cities 
otherwise, and apply the same in aid of the wife, child, ™p'*pV money *for 
parent, brother and sister of, and dependent upon, any per- voiuntlers'lnLg- 
son who, as a part of any quota of this Commonwealth, and uiaramy. 
of said town or city, has been or shall be duly enlisted and 
mustered into the military service of the United States, as a 
member of the regular army of the United States, in the 
same manner, and under the same restrictions and provisions 
of law, as money is now raised and applied to the aid of 
families and dependents of members of any regiment, com- 
pany or battery, of Massachusetts volunteers. 

Section 2. The provisions of chapter seventy-nine of the *«* ^f, '68 ex- 

, -., ITT T- 1 IT 11 Ti tended to author- 

laws of eighteen hundred and sixty-three, shall be, and the i^e aid to famines 

same hereby are, so extended as to authorize aid, under the decease '"aftrr " 

provisions and restrictions of said chapter, to the families nmi'X^or iJji^ry 

and dependents of deceased soldiers, who may have died after received in ser- 

their discharge at the expiration of their term of service, ^'^^' 

but in consequence of diseases or injury contracted or 

received in the service, and existing at the time of discharge ; 

and also to the families and dependents of disabled soldiers, 

who may have been discharged at the expiration of their 

terms of service, but not by reason of said disability : jn'o- 

vided, hoiaever, that said disability was contracted in, or 

caused by, said service, and existed at the time of discharge. 



24 1864.— Chapter 48. 

Townaand cities SECTION 3. Aiij towii OF citj may raise and apply money 
^p'^p^iy money" as aforcsaid to tlie aid of the wife, child, parent, brother and 
sister of, and dependent upon, any person, whether an 
inhabitant of said town or city or not, who has been or shall 
be duly enlisted and mustered into the service of the United 
States as a part of any quota of this Commonwealth, and of 
ProTiso. said town or city : provided.^ however, that no aid shall be 

rendered under the provisions of this act to any person who 
does not reside within the United States, and that all other 
restrictions, limitations and provisions of law now in force 
shall apply to aid thus furnished. 
Laws for pay- SECTION 4. This act, and the several laws now in force in 
b^T^consinfed"^^ aid of thc families of volunteers and drafted men, may be so 
retroactively. construcd as to authorizc the payment of aid retroactively, 
so as to include any aid to which any person might have 
been entitled if seasonably applied for, prior to the applica- 
Proviso. tion for the same : provided, however, that such retroactive 

payment shall not extend beyond the period of six months 
prior to said application. 
ProTisions of act SECTION 5. All the provisious of the fourth and fifth 
rlimbureemen"^ scctious of cliaptcr sixty-six of the laws of the year one 
to apply. thousand eight hundred and sixty-two, concerning the reim- 

bursement of money from the state treasury, shall be 
applicable to the money applied under the provisions of this 
act. 

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

Approved February 29, 1864. 



Cliap. 48. 



An Act in addition to " an act to pkovide for the payment 

of bounties to volunteers, and for other purposes." 
Be it enacted, §•£., as follows : 
somiers in the SECTION 1. Any pcrsou who as a part of the quota of this 
under call of Oct. Commonwcalth, under the call of the president, dated 
lame bountf and Octobcr Seventeenth, eighteen hundred and sixty-three, has 
St'or bat'*^'"'^' ^®®^^ ^^ ^\\^\\ be duly enlisted and mustered into the military 
service of the United States, as a member of the regular 
army of the United States, shall be entitled to the same 
bounty and pay as if he had been mustered into said service 
as a member of any regiment, company or battery of Massa- 
chusetts volunteers ; and the provisions of chapter two hun- 
dred and fifty-four of the laws of the year eighteen hundred 
and sixty-three, authorizing bounty and pay, shall be appli- 
cable to persons thus enlisted and mustered into the regular 
army of the United States. 

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

Approved February 29, 18G4. 



1864.— Chapter 49. 25 

An Act in addition to an act making appropriations for QJi^p 49 

THE maintenance OF THE GOVERNMENT DURING THE CURRENT "* 

YEAR. 

Be it enacted, Sfc, as follows : 

Section 1. The sums hereinafter mentioned are appro- ^u^Si""" 
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-four, to wit: 

SUPREME JUDICIAL COURT. 

For the salary of the clerk of the supreme judicial court ^''g^fji'^-^'""*- 
for -the Commonwealth, three thousand dollars. 

For the salary of the assistant-clerk of said court, fifteen ^'"^"'JJj'- 
hundred dollars. 

For the salary of the reporter of the decisions of the Q*Pg°''^i.^- •^- °- 
supreme judicial court, three hundred dollars. 

For expenses of said court, two thousand dollars. o^stTil.' 

SUPERIOR COURT. 

For the salary of the chief iustice of the superior court, superior court, 

xi xi J 1 1 J T II 'Oh. Justice. 

three thousand seven hundred dollars. q. s. m. 

For the salaries of nine associate justices of said court. Associate jusu- 
thirty-one thousand five hundred dollars. g.^s. 114. 

COURTS OP PROBATE AND INSOLVENCY. Courts of Probate 

-ni 1 pi-i /.I i'i f """^ Insolvency. 

hor the salary of the judge of probate and insolvency tor o s. 119. 
the county of Suffolk, three thousand dollars. 

For the salary of the judge of probate and insolvency for ^^'''g'^'Jfa^- 
the county of Middlesex, two thousand dollars. 

For the salary cff the judge of probate and insolvency for ^"l^'Yig'' 
the county of Worcester, eighteen hundred dollars. 

For the salary of the judge of probate and insolvency for ^'"l^'jig 
the county of Essex, fifteen hundred dollars. 

For the salary of the judge of probate and insolvency for ^'"'^"^^{g 
the county of Norfolk, fourteen hundred dollars. 

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

For the salary of the judge of probate and insolvency for ^'y^°'}^*»- 
the county of Plymouth, one thousand dollars. 

For the salary of the judge of probate and insolvency for {]'''y*'''j|'i^®- 
the county of Berkshire, eight hundred dollars. 

For the salary of the jndge of probate and insolvency for {,'"^^1^1*9°- 
the county of Hampden, eight hundred dollars. 

For the salary of the judge of probate and insolvency for ^ "'ud!*' 
the county of Barnstable, seven hundred dollars. 
4 



26 



1864.— Chapter 49. 



Hampshire. 
G. S. 119. 



Franklin. 
G. S. 119. 



Nantucket. 
G. S. 119. 



Dukes. 
G. S. 119. 



Registers and As- 
sistants. 
Suffolk. 
G. S. 119. 
Assistant. 
G. S. 119. 

Middlesex. 
G. S. 119. 



Worcester. 
G. S. 119. 



Essex. 
G. S. 119. 



Norfolk. 
G. S. 119. 



Assistant. 
G. S. 119. 



Bristol. 
G. S. 119. 



Plymouth. 
G. S. 119. 



Hampden. 
G. S. 119. 



Berkshire. 
G. S. 119. 



Hampshire. 
G. S. 119. 



Tranklin. 
G. S. 119. 



Barnstable. 
G. S. 119. 



Nantucket. 
6. S. 119. 



Dukes. 
G. S. 119. 



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 of 
Essex, eight hundred dollars. 

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

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

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

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

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

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

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

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

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

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

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



1864.— Chapter 49. 27 

For certain expenses of the courts of insolvency, author- courts of Probate 

T 1 1 /-^ 1 n • -1 1. r j.\ ^^^ Insolvency. 

ized by the General Statutes, or similar accounts tor the Expenses. 
courts of probate and insolvency, a sum not exceeding three ^- '^^ i^s. 
thousand dollars. 

DISTRICT-ATTORNEYS. AUorueys. 

For the salary of the attorney for the county of Suffolk, suff«ik^ 
three thousand dollars. 

For the salary of the assistant-attorney for the county of Q^^s^tr.'" 
Suffolk, one thousand eight hundred dollars. 

For the salary of the attorne 
thousand two hundred dollars. 

For the salary of the attorney for the northern district, a°s.^f4°' 
one thousand two liundred dollars. 

For the salary of the attorney for the southern district, li^i^H"!' 
one thousand two hundred dollars. 

For the salary of the attorn 
thousand two hundred dollars 

For the salary of the attorney for the south-eastern dis- p,ou^th-ea8tern 
trict, one thousand two hundred dollars. 

For the salary of the attorney for the western district, ^*s^\"; 
one thousand two hundred dollars. 

For the salary of the attorney for the north-western dis 
trict, eight hundred dollars. 



North-western. 
G. S. 14. 



Justices Police 
POLICE COURTS. Courts. 

For the salaries of three justices of the police court in q%°\iq 
Boston, seven thousand five hundred dollars. 

For the salary of the justice of the police court in Adams, Q^g^iie. 
eight hundred dollars. 

For the salary of the justice of the police court in Cam- Q*g|*i\6f ' 
bridge, one thousand five hundred dollars. 

For the salary of the justice of the police court in Charles- ac^cmot!' 
town, one thousand two hundred dollars. 

For the salary of the justice of the police court in Chelsea, ^^^^^^q 
one thousand dollars. 

For tiie salary of tlie justice of the police court in Chico- Q^s^^jg 
pee, nine hundred dollars. 

For the salary of the ju 
River, one tliousand two liundred dollars. 

For the salary of the justice of the police court in Glou- o'.'s.'^iie*''' 
cestcr, six hundred dollars. 

For tlie salary of the justice of the police court in ITaver- V'''''^.';I'"Lr 

,.,,., Ill,,* '■ Act 01, 207 

lull, nine hundred dollars. 

For the salary of the justice of the police court in Law- [j'^g'^i^^?- 
rencc, one thousand five hundred dollars. 



28 



1864.— Chapter 49. 



Lee. 

Act '61, 141. 



Lowell. 
Q. S. 116. 



New Bedford. 
G. S. 116. 



Newburvport. 
Q. S. 116. 



Pittsfield. 
G. S. 116. 



Roxbury. 
6. S. 116. 



Springfield. 
G. S. 116. 



Taunton. 
G. S. 116. 



Williamstown. 
G. S. 116. 



Worcester. 
G. S. 116. 



Clerks PoUce C'ts 



G. S. 116; 
Act '60, 100. 



Cambridge. 
G. S. 116. 



Charlestown. 
Act '62, 107. 



Fall River. 
Act '62, 92. 



Lowell. 
O. S. 116. 



Lynn. 
G. S. 116. 



New Bedford. 
G. S. 116. 



Newburyport. 
Q. S. 116. 



For the salary of the justice of the police court in Lee, 
five hundred dollars. 

For the salary of the justice of the police court in Lowell, 
two thousand two hundred dollars. 

For the salary of the justice of the police court in Lynn, 
one thousand dollars. 

For the salary of the justice of the police court in New 
Bedford, one thousand five hundred dollars. 

For the salary of the justice of the police court in New- 
buryport, nine hundred dollars. 

For the salary of the justice of the police court in Pitts- 
field, eight hundred dollars. 

For the salary of the justice of the police court in Rox- 
bury, one thousand five hundred dollars. 

For the salary of the justice of the police court in Salem, 
one thousand five hundred dollars. 

For the salary of the justice of the police court in Spring- 
field, one thousand five hundred dollars. 

For the salary of the justice of the police court in Taun- 
ton, one thousand two hundred dollars. 

For the salary of the justice of the police court in Wil- 
liamstown, three hundred dollars. 

For the salary of the justice of the police court in Wor- 
cester, one thousand five hundred dollars. 

For the salaries of the clerks of police courts, exclusive of 
clerks elected under chapter one hundred and sixteen, 
section four, of tiie General Statutes, to wit : — 

For the salary of the clerk of the police court in Boston, 
two thousand dollars. 

For the salaries of four assistant clerks of said court, five 
thousand two hundred dollars. 

For the salary of the clerk of the police court in Cam- 
bridge, five hundred dollars. 

For the salary of the clerk of the police court in Charles- 
town, five hundred dollars. 

For the salary of the clerk of the police court in Fall 
River, six hundred dollars. 

For the salary of the clerk of the police court in Law- 
rence, eight hundred dollars. 

For the salary of the clerk of the police court in Lowell, 
one thousand dollars. 

For the salary of the clerk of the police court in Lynn, 
three hundred dollars. 

For the salary of the clerk of the police court in New 
Bedford, eight hundred dollars. 

For the salary of the clerk of the police court in New- 
buryport, five hundred dollars. 



1864.— Chapters 50, 51, 52. 29 

For the salary of the clerk of the police court in Roxbury, Roxbury. 
five hundred dollars. ^•^•"^• 

For the salary of the clerk of the -police court in Salem, saiem. 
nine hundred dollars. 

For the salary of the clerk of the police court iu Taunton, J*""'""- 
six hundred dollars. 

For the salary of the clerk of the police court in Worces- ?'"|''j''||'- 
ter, eight hundred dollars. 

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

Approved February 29, 1864. 
An Act relating to the service of criminal process in the QJiQr) 50 

TOWN OF HULL. ^ ' 

Be it enacted, §'c., as follows : 

Section 1. Any officer qualified by law to serve criminal incaseofconcur- 

.1 -^ ^ Ti Vl -11 xi • 1 1 rent jurisdiction, 

process in the city or iioston is hereby authorized and officer authorized 
empowered to serve criminal process within the limits of serve id'huu"'*^ 
the town of Hull, in all cases in which the courts in the 
county of Suffolk hare concurrent jurisdiction with the 
courts in the county of Plymouth. 

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

Approved February 29, 1864. 
An Act concerning the new England mutual marine insur- Chap. 51. 

ANCE COMPANY IN BOSTON. ^' 

Be it enacted, ^-c, as follows: 

Whenever the profits arising from the business of the Profits exceeding 
New England Mutual Marine Insurance Company in Bos- pany'may redeem 
ton, with the reserved profits remaining with the company tha'i^ount*" 
as provided by the third section of the seventy-fourth chap- 
ter of the statutes of the year one thousand eight hundred 
and fifty-eight, shall exceed the sum of five hundred thou- 
sand dollars, the said company is authorized to redeem and 
pay certificates issued for profits to such an amount, and in 
such manner as the directors shall determine: provided, vtoyIsos. 
such payment shall leave net earned profits with said com- 
pany, including the reserved profits above mentioned, to the 
amount of not less than five hundred thousand dollars ; and 
provided, that no certificates of any year shall be redeemed 
while certificates of previous years remain unredeemed or 
unprovided for. Approved February 29, 1861. 

An Act to authorize the first parish in dorchester to sell /7/,^« 5^ 
real estate. "' *" 

Be it enacted, ^'c, as follows : 

Section 1. The First Parish in Dorchester is hereby Parish may seii 
authorized to sell at public or private sale, at such time or yite"^"^ °' ''"' 
times as it may choose, a certain lot of pasture land belong- 



30 



1864.— Chapter 53. 



Treasurer may 
convey. 



Proceeds to be in- 
Tested by parish. 



ing to said parish, and situated on Brush Hill Turnpike, in 
the town of Milton, and known as the " little pasture ; " and 
the treasurer of said parish for the time being, shall have 
authority to execute and deliver deeds to convey the same 
in fee simple or otherwise. 

Section 2. The proceeds of the sale of said land shall be 
permanently invested in such manner as said parish shall 
direct; and the income arising therefrom shall be applied 
exclusively to the support of the ministry in said parish. 

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

Approved February 29, 1864. 



Chap. 53. 



Corporators. 



Motive power. 



Capital. 



Construction and 
maintenance. 



An Act to incorporate the newburyport and amesbxjry 

HORSE railroad COMPANY. 

Be it enacted, ^-c, as follows : 

Section 1. Eben F. Stone, Albert Currier, Joseph B. 
Morss, their associates and successors, are hereby made a 
corporation by the name of the Newburyport and Amesbury 
Horse Railroad Company, with power to construct, main- 
tain and use a railway with convenient single or double 
tracks, commencing at such points in the city of Newbury- 
port, and thence upon and over such streets and highways 
of said city, as may be from time to time fixed and deter- 
mined by the mayor and aldermen thereof, and assented to 
in writing by said corporation ; thence upon and over such 
of the streets and highways of the town of Salisbury, as 
may be from time to time fixed and determined by the 
selectmen of said town, with the written assent of said 
corporation ; thence over and upon such of the streets and 
highways of said town of Amesbury as may be from time to 
time fixed and determined by the selectmen of said town, 
with the written assent of said corporation. 

Section 2. This railroad shall be operated with horse 
power only. 

Section 3. The capital stock of this corporation shall not 
exceed the sum of one hundred and twenty thousand dol- 
lars, to be divided into shares of one hundred dollars each ; 
and no share shall be issued until the par value thereof has 
been actually paid into the treasury of the company, iu 
cash. 

Section 4. This corporation shall have power to hold 
and purchase such real estate as may be necessary or 
convenient for the purposes of this railroad. 

Section 5. This railroad shall be constructed and main- 
tained in such manner as the mayor and aldermen of New- 
buryport, and the selectmen of Salisbury and Amesbury, 



1864.— Chapter 53. 31 

respectively, may prescribe ; and whenever the corporation 
shall deem it necessary to alter the grade of any street or 
highway, occupied by it, the assent of the mayor and alder- 
men of Newburyport, or the selectmen of Salisbury or 
Amesbury, as the case may be, shall first be obtained, and 
the same shall be made at the expense of this corporation. 

Section 6. The mayor and aldermen of Newburyport, Rate of speed and 

(>i-i It •! ^^^ °^ tracks, 

and the selectmen of Salisbury and Amesbury, respectively, how regulated. 

shall have power at all times to make such regulations, 

respecting the rate of speed and mode of use of the tracks, 

as tfie public safety and convenience may require, and shall Discontinuance 

also have power at any time after the expiration of one year vokrioc^tion.'^** 

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, forthwith, be taken up and removed, in conformity to 

the direction of said mayor and aldermen or selectmen, as 

the case may be, at the expense of said corporation. But corporation to be 

no such discontinuance of any part of the tracks shall be ^'"''''^' 

made witiiout due notice of the time and place at which the 

corporation may be heard in relation thereto. 

Section 7. The corporation hereby created may enter MayuseE^sex • 
upon and use the bridge of the Essex Merrimac Company '^^""™*<= ^"'^ee. 
across the Merrimac River, entitled the Essex Merrimac 
Bridge ; and in the event of a disagreement between the 
corporation and the proprietors of said bridge, as to the 
rate of compensation, and the mode of use, the same shall 
be determined by the county commissioners for the county 
of Essex. 

Section 8. This corporation shall keep and maintain in shaii maintain 
repair such portion of all streets and highw^ays as shall be a,'fd'be^iia"bTe'*for 
occupied by their tracks, and shall be liable for any loss or '^^^^J^ ^° p*""' 
injury that any person may sustain, by reason of any care- 
lessness or misconduct on the part of its agents or servants 
in the construction and management of the road. 

Section 9. Nothing in this act shall be construed to control of high- 
prevent the authorities of Newburyport, or of the towns of p "nfies^ n'o""/m- 
Salisbury or Amesbury, respectively, from altering or repair- p""'*^- 
ing any of the streets or highways traversed by the tracks 
of this railroad, precisely as they might have lawfully done, 
if no such tracks existed. 

Sectiox 10. If any person shall wilfully and maliciously obotmctiond. of 

, ,• I • • • 1 « , or bv corpora- 

obstruct the agents oi this corporation, in liie passage ol the tion,' how pun- 
cars on its tracks, ho shall be punished by a fine not exceed- 



32 1864.— Chapter 54. 

ing five hundred dollars, or by imprisonment for a term not 
exceeding three months. If the agents of this corporation 
shall wilfully and maliciously obstruct any street or high- 
way, the corporation shall be punished by a fine not exceed- 
ing five hundred dollars. 
Municipalities SECTION 11. The city of Ncwburyport, and the towns of 
francwse'^aftw Amcsbury and Salisbury, or either of them, may at any 
ten years. time, after the expiration of ten years from the opening of 

any part of this railroad for use, take possession and hold so 
much of this road as lies within their respective limits, by 
Conditions. paying therefor the actual cost in cash of tlie same, together 
with a net profit of ten per cent, per annum, less the divi- 
dends paid thereon by the corporation and thereupon a 
portion of the franchise, corresponding to the portion of the 
road so taken by the said city or by either of said towns, 
shall be vested in said city or town. 
Transportation, SECTION 12. This corporatlou may fix, from time to time, 
a^uT''"'^ '"'^^ the fare of passengers and the rate of compensation for the 
Proviso. transportation of property ; but, in the carriage of freight, 

the business must be so adjusted as not to interfere with the 
carriage of passengers. 
Corporation sub- Section 13. Said corporatlou shall be subject to the 
s^tetutes. ^°^'^'* provisions of the sixty-eighth chapter of the General Stat- 
utes, and to all general laws which are or may be in force 
relating to horse railroad corporations. 
Act void unless SECTION 14. This act shall be void, so far as it relates to 
road^conat^ructed the right to coustruct a railroad in the city of Newburyport 
within two years. ^^^^ -^^ ^.j^^ ^Q^jjg Qf Amcsbury and Salisbury, respectively, 
unless the same shall be accepted by the corporation, and 
by said city and towns, and unless said railroad shall be 
constructed within two years after tiie passage of this act. 
Section 15. This act shall take effect upon its passage. 

Approved February 29, 1864. 

Chat). 54. -^^ '^'^^ UELATING TO THE MYSTIC RIVER RAILROAD. 

Be it enacted, Sj-c, as follows : 

tion°/eWved!'°"" SECTION 1. Au act to incorporate the Mystic River Rail- 
road, passed the twenty-fifth day of May, in the year eighteen 
hundred and fifty-three, and all acts in amendment thereof, 
except such provisions in said acts as have been heretofore 
expressly repealed, are hereby revived and confirmed; and 
said corporation may be organized within two years from tlie 
passage of this act. 

May connect with SECTION 2. The Said Mvstic Rivcr Railroad is hereby 

G. J. K. R. and ., ■ i . ,. -.lI x i i f 

Depot Co. and authorizcd to connect with, enter upon and use, so much oi 
the Union H. K. ^j^^ railroad of the company commonly known as the Grand 



1864.— Chapter 55. 33 

Junction Railroad and Depot Company, as is located between co.,and8aiaco'a 
Cambridge street in the city of Charlestown and the Boston Kh-erco'sroad."' 
and Worcester Railroad in the town of Brookline, according 
to law ; also to connect with, enter upon, and use the Union 
Railroad according to law. And the said Grand Junction 
Railroad and Depot Company, or the owner of the road of 
said company, and the said Union Railroad Company, or the 
owner of the Union Railroad may, in like manner connect 
with, enter upon and use the said Mystic River Railroad : 
provided^ nothing contained in this act shall be so construed Proviso, 
as to affect, in any way, any rights or privileges heretofore 
granted to, or acquired by, the Fitchburg Railroad Company, 
under any statute of this Commonwealth, or by virtue of 
any judgment at law or in equity, heretofore obtained by 
said Fitchburg Railroad Company. 

Section 3. Tlie Mystic River Railroad may cross the May cross Boston 
Boston and Maine Railroad and the Eastern Railroad at Eastem'^roadstas 
grade : provided, said crossings shall be made at tiie expense by'^rLpttuvfTM- 
of the Mystic River Railroad, immediately south of the p«rat'0"8- 
present crossing of said Boston and Maine Raih'oad by the 
said Eastern Railroad, and within one hundred feet of the 
ball-signal station, as it now stands ; and the construction of 
each of said crossings shall be done in such manner as may 
be agreed upon in writing by said Mystic River Railroad 
with each of said other corporations respectively ; and in 
case of disagreement in either case, the whole matter relat- 
ing to the manner of constructing such crossing- shall be 
done under the direction of a commissioner, who shall be 
a skilful engineer, appointed by the governor and council, 
the compensation of said commissioner to be paid by said 
Mystic River Railroad ; and provided, further, that whenever 
trains shall approach the said crossing on the said Boston and 
Maine Railroad, or on the said Eastern Railroad, at the same 
time with trains on the said Mystic River Railroad, the prior 
right to move forward shall be allowed th<} said Boston and 
Maine and the said Eastern Railroads. 

Approved February 29, 1864. 

An Act to incorporate thk proprietors of the congregational 

CIIUKCII in GRAFTON. 

Be it enacted, Sj-c, asfollotus: 

Section 1. Liljerty Wood, Jonathan D. Wiieeler, Horace corporators. 
S. Warren, their associates and successors, are hereby made 
a corporation by the name of the Proprietors of the Con- Title, 
gregational Church in Grafton, with all the powers and powers, 
privileges, and subject to all the duties, restrictions and 
liabilities, set fortii in the general laws which now are or 
5 



Chap. DO. 



34 



1864.— Chapters 56, 57. 



Chap. 56. 



Transfer of fran- 
chise and prop- 
erty. 



Consolidation. 



Title. 
Powers. 



Rights of credi- 
tors. 



Capital stock. 



Chap. 57. 



Corporators. 



may hereafter be in force, relating to such corporations, 
with power to hold real and personal estate to an amount 
not exceeding in value the sum of ten thousand dollars. 
Section 2. • This act shall take effect upon its passage. 

Approved February 29, 1864. 

An Act concerning the milton gas light company and the 

dorche.ster gas light company. 
Be it enacted, S^^c. 'as follows: 

Section 1. The Milton Gas Light Company is hereby 
authorized to sell its rights, franchise and entire property to 
the Dorchester Gas Light Company, and the Dorchester Gas 
Light Company is hereby authorized to purchase and hold 
the same : provided, hoivever, that no such sale or purchase 
shall be made without the sanction of a majority in interest 
of the stockholders of each of said corporations present and 
voting thereon at a meeting of the stockholders called for 
that purpose. 

Section 2. In case of such sale and purchase, said two 
corporations shall thereupon become one corporation, under 
the corporate name of the Dorchester Gas Light Company, 
and all the powers and privileges now enjoyed by, and all 
the restrictions, duties and liabilities imposed. upon said two 
corporations by virtue of their respective charters, shall 
appertain to said united corporation. And said united cor- 
poration shall also be subject to all general provisions of law 
that are or may hereafter be in force relating to such corpo- 
rations. * 

Section 3. The rights of any creditor of either of said 
corporations shall not be affected by the sale and purchase 
herein authorized ; nor shall the amount of capital stock 
issued to represent said property after its purchase, be 
greater than the amount which now represents said property. 

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

Approved February 29, 1864. 

An Act to incorporate the north adams gas light company. 
Be it enacted, §•<;., as follows: 

Section 1. Amasa W. Richardson, Sylvander Johnson, 
John B. Tyler, their associates and successors, are hereby 
made a corporation by the name of the North Adams 
Gas Light Company, in Adams, for the purpose of manufac- 
turing and selling gas in the town of Adams ; with all the 
powers and privileges, and subject to all the duties, restric- 
tions and liabilities, set forth in the general laws which now 
are, or may hereafter be in force relating to manufacturing 
corporations. 



1864.— CHArTERs 58, 59. 35 

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

Section 3. Said corporation, with the consent of the May sink and 
selectmen of the town of Adams, shall have the power and "''''° '° ^'^' 
authority to dig up and open the ground in any part of the 
streets, lanes and highways in said town, for the purpose of 
sinking and repairing such pipes and conductors as may 
be necessary for the purpose aforesaid ; and the said corpo- Repair of streets. 
ration, after opening the ground in such streets, lanes or 
highways, shall be lield to put the same again in repair, 
under the penalty of being prosecuted for a nuisance : pro- proviso. 
vided, that the selectmen of said town may regulate, restrict 
and control all acts and doings of such corporation, which 
may in any manner affect the health, safety, convenience or 
property of the inhabitants of said town. 

Approved February 29, 1864. 

An Act in relation to county teachers' associations. Chap. 58. 
Be it enacted, Sfc, as follows : 

Section 1. When a county association of teachers and Bounty for an- 

, 111 1 •/•ii.Liii nual meetings. 

others, holds an annual meeting oi not less than two days, 
for the express purpose of promoting the interests of public 
schools, it shall receive twenty-five dollars from the Com- 
monwealth. 

Section 2. Upon the certificate, under oath, of the presi- certiecate to 

1 1 r> 1 •/•■.i ii governor of hold- 

dent and secretary of such association to the governor, that ing same to au- 

a meeting has been held in accordance with the provisions '''""'^ warrant. 

of the preceding section, he shall draw his warrant in favor 

of such association, for the sum aforesaid. 

Section 3. The fourth and fifth sections of the thirty- i^^peai. 

fifth chapter of the General Statutes are hereby repealed. 

Approved February 29, 1864. 

An Act in further addition to an act making appropria- Qlfytj 59 
TiONS FOR the maintenance of the government during the ^' 

CURRENT YEAR. 

Be it enacted, Sfc, as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropriatioos 
priated, to be paid out of the treasury of the Coininoii- ^" 
wealth, 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-four, to wit: 



36 



1864.— Chapter 59. 



Printing and 
binding. 
Res. '56, 74. 



Senate, station- 
ery. 

Res. '56, 74. 
House, station- 
ery. 
Res. '56, 74. 



Senate, blanks. 
Res. '56, 74. 



Ilouse', bl.anks. 
Res. '56, 74. 



Books, station- 
ery, printing. 
G. S. 14. 



Expenses of com- 
mittees. 
6. S. 15. 
Clerical assist- 
ance. 
G. S. 16. 



LEGISLATURE. 

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 twenty thousand dollars. 

For stationery for the senate, purchased by the clerk of 
the senate, a sum not exceeding one thousand dollars. 

For stationery for the house of representatives, pur- 
chased by the clerk of the house of representatives, a sum 
not exceeding two thousand dollars. 

For printing blanks and circulars, and the calendar of 
orders of tiie day, for the use of the senate, a sum not 
exceeding six hundred dollars. 

For printing blanks and circulars, and the calendar of 
orders of the day, for the use of the house of representa- 
tives, a sum not exceeding eight hundred dollars. 

For books, stationery, printing and advertising, ordered 
by the sergeant-at-arms, for the legislature, a sum not ex- 
ceeding six hundred dollars. 

For the authorized expenses of committees of the legisla- 
ture, a sum not exceeding eight hundred dollars. 

For clerical assistance to committees authorized to employ 
the same, a sum not exceeding three hundred dollars ; and 
the auditor is hereby authorized to audit bills for such 
assistance, the same having been approved by the chairman 
of such committees, or other members authorized by the 
committees to certify such accounts. 



Postage, print- 
ing, &c. 
Res. '56, 74. 

Contingent ex- 
penses. 
G. S. 14. 
Contingent fund 



• EXECUTIVE DEPARTMENT. 

For postage, printing and stationery for the governor and 
covincil, a sum not exceeding one thousand dollars. 

For the contingent expenses of the council, a sum not 
exceeding eight hundred dollars. 

For contingent fund of the governor and council, for 
military purposes, a sum not exeeding ten thousand dollars, 
which shall be allowed and paid. 
Agencies for care For any expciises which may be incurred under the 
edsordiers"!""" " authority of the governor and approved by him, in the 
maintenance of agencies at such places out of this Com- 
monwealth as he may find needful, for the oversight and 
aid of sick and wounded or distressed Massachusetts sol- 
diers, and in the necessary and proper disbursements inci- 
dent thereto, a sum not exceeding twenty thousand dollars, 
to be allowed and paid. 

STATE HOUSE. 

Fuel and lights. For fucl aiid lights for the state house, a sum not exceed- 
ing three thousand dollars. 



1864.— Chapter 59. 37 

For repairs, improvements and furniture of the state Repairs and fur- 
house a sum not exceeding thirty-three hundred dollars. o.^u. 

For contingent expenses of the senate and house of rep- *^,?"*3"^^"\*,^: 
resentatives, and necessary expenses in and aV)out the state turo. 
house, a sum not exceeding fifteen hundred dollars: T^o- ^y'^^^.-^^^' 
videii, that no part of such sum shall be expended for sta- 
tionery, postage, printing, repairs or furniture, or for the 
purchase of any article or thing, or to effect any ohject, for 
which an appropriation is otherwise made in this act, or in 
any act which may be subsequently passed. 

STATE PRINTING. 

For printing such number, not exceeding seventy-five General Laws 

^ o i/ aiid Resolves 

thousand, of the pamphlet edition of the general acts and 
resolves of the present year, for distribution in the Com- 
monwealth, in accordance with the provisions of chapter 
three of the General iStatutes, a sum not exceeding eight 
thousand dollars. 

For printing two thousand five hundred copies of the boJ]^""^^"^?^® 
" blue book " edition of the acts and resolves of the present 
year, with the governor's messages and other matters, in the 
usual form, in accordance with the provisions of chapter 
three of the General Statutes, a sum not exceeding twenty- 
five hundred dollars. 

For the publication . of the general laws, and all other Newspaper pubu- 
information intended for the public, in accordance with the uw8°"&c.^^°"* 
provisions of chapter three of the General Statutes, a sum 
not exceeding three hundred dollars. 

For the printing and binding of blanks for the use of Registration 

blauks 

cities and towns, in the registration of births, marriages and 
deaths, in accordance with the provisions of chapter twenty- 
one of the General Statutes, a sum not exceeding three 
hundred dollars. 

For printing the public series of documents in the last Pu^'ic docu- 
quarter of the year one thousand eight hundred and sixty- audWuding.'"^ 
four, under the direction of the secretary of the Common- 
wealth, in accordance with the provisions of chapter four of 
the General Statutes, and for binding the copies to be dis- 
tributed to the towns and cities, a sum not exceeding twelve 
thousand dollars. 

For furnie.hing term reports, in accordance with the pro- g''5'"(!ou^t'"'^'°°* 
visions of chapter two hundred and ninety of the acts of ' ' 
the year eighteen hundred and fifty-nine, a sum not exceed- 
ing five thousand dollars. 

For the weekly and montly publication of bank returns, "'eek"y nnd 

1 -11 • • /.I /• /• ' inoiitlily bauk 

m accordance witli the provisions oi chapter lilty-scven oi returns. 



38 



1864— Chapter 59. 



Assessors' books. 



Blanks and ab- 
stracts of asses- 
sors' returns. 



Railroad reports, 
printing and 
binding. 



Blanks, aid to 
soldiers' families. 



Numbering of 
bank notes. 



the General Statutes, a sura not exceeding five hundred 
dollars. 

For assessors' books, in accordance with the provisions of 
chapter one hundred and sixty-seven of the acts of eighteen 
hundred and sixty-one, a sum not exceeding two thousand 
dollars. 

For printing blanks and abstracts of the returns of asses- 
sors relating to the assessment of taxes on the shares of cor- 
porations and deposits in savings institutions, in accordance 
with the acts of the year one thousand eight hundred and 
six4;y-one, chapter one hundred and seventy-one, a sum not 
exceeding thirteen hundred dollars. 

For printing and binding tlie annual railroad reports, 
in accordance with the provisions of chapter four of the 
General Statutes, a sum not exceeding fifteen hundred 
dollars. 

For printing blanks for returns from cities and towns, of 
aid rendered to the families of volunteers, a sum not 
exceeding three hundred and fifty dollars, which shall be 
allowed and paid. 

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



Secretary's office. 
G. S. 14. 



Treasurer's 

office. 

G. S. 11 and 15. 

Auditor's office. 

G. S. 15 and 57. 

Attorney-Gener- 
al's office library. 



Attorney-Gener- 
al's office. 
G. 8. 14. 



Bank commis- 

sioners. 

G. S. 57. 

Insurance com- 
missioners, inci- 
dental. 
G. S. 68. 



INCIDENTAL EXPENSES. 

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

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

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

For the purchase of books for the library in the office of 
the attorney-general, a sum not exceeding three hundred 
dollars, to be allowed and paid. 

For fees, costs and court expenses of the attorney-gene- 
ral, and for incidental expenses in the office of the attorney- 
general, a sum not exceeding four hundred dollars. 

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

For the incidental expenses of the insurance commis- 
sioners, a sum not exceeding five hundred dollars, and for 
express charges and insurance publications, a sum not 
exceeding one hundred dollars. 



1864.— Chapter 59. 39 

military. 

For the incidental expenses and express charges of the Adjutant-oene- 
adjutant-general, a sum not exceeding seven thousand dol- g.'s'.Ts' ""'"'■ 
lars. 

For the expenses of the quartermaster-general's depart- Qr^-Master-oen- 
ment, a sum not exceeding five thousand dollars. Acts'ei, 216. 

For the expenses of the department of the master of ord- Master of ord- 
nance, a sum not exceeding fifteen thousand five hundred Act^Vaie. 
dollars. 

For militia bounty, a sum not exceeding forty-three thou- Mimia bounty. 
sand dollars. 

For military accounts, a sum not exceeding five thousand Military ac- 

T ,, •' ' " counts. 

dollars. g. s. 13. 

For the rent of armories, a sum not exceeding; eleven Hent of^armories. 
thousand dollars. 

For the reimbursement of money to cities and towns, in Reimbur.'.emeiit 

T • , I , 1 • • p 1 ^ • ^ • 1 °f money to cities 

accordance with the provisions 01 chapter sixty-six and and towns. 
chapter one hundred and sixty-six of the acts of the year 
eighteen hundred and sixty-two, and chapter seventy-nine of 
acts of the year eighteen liundred and sixty-three, a sum not _ 

exceeding two millions four hundred thousand dollars ; the 
same to be payable on the first day of December, eighteen 
hundred and sixty-four. 

AGRICULTURAL. 

For bounties to agricultural societies, a sum not exceed- Bounties, soci- 
ing fourteen thousand three hundred and twenty dollars. g.^s. 66. 

For the travelling expenses of members of the board of BoardofAsricui- 
agriculture, a sum not exceeding twelve hundred dollars. g.'^s! ie!"^"'' 

For the travelling expenses of the secretary of said board, secretary of brd., 
all postages and necessary expenses, in accordance with the ^'^^'^ > i'°''"s«' 
resolves of the year one thousand eight hundred and fifty- 
three, a sum not exceeding two hundred and fifty dollars. 

For other incidental expenses of said board, a sum not Q'"'^'^^j"g*"'- 
exceeding one hundred and fifty dollars. 

For printing copies of tlie report of the board of agricul 
ture, a sum not exceeding eight thousand dollars. 

For the travelling expenses of the trustees of the agricul- Tru.^tees "pricui 

, ~ i ~ turai college, 

tural college, which sliall bo allowed and paid, the cxpcndi- travel. 
tures therefor to be approved by the governor and council, 
a sum not exceeding live hundred dollars. 

MI.SCELLANEOUS. 

For the compensation of the commissioners on pu'ilic rommicsionprs 
lands and clerk hire, a sum not exceeding thirty-five luin- omnpcn.-atTou 
dred dollars; for contingent and incidental expenses of said "'"^ «='?«'»■"-'«• 



Printing report. 
Kes. '60, 74. 



40 



1864.—CH AFTER 59. 



Payment, how 
made. 



Sheriffs, for dis- 
tributing blanlis 
and forwarding 
returns. 



State library, for 
expending. 



In.spector of 
gas-meters, sala- 
ry and expenses. 



Emergency fund, 
use defined. 



Union loan sink- 
ing fund, for in- 
vestment. 



Bounty loan 
sinking fund. 



commissioners, a sum not exceeding two hundred dollars : 
said sums to be paid from the moiety of the proceeds of 
sales, which, by the resolves of the year eighteen hundred 
and fifty-seven, chapter seventy, is applicable to improve- 
ments. And the residue of said moiety is hereby appro- 
priated to be applied and used, in accordance with the pro- 
visions of section three, of chapter two hundred, of the acts 
of eighteen hundred and sixty. 

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

For the state library, in accordance with the provisions of 
chapter five of tiie General Statutes, twenty-three hundred 
dollars, to be expended under the direction of the trustees 
and librarian. 

For the salary and expenses of the inspector of gas- 
meters, a sum not exceeding three thousand dollars, in 
accordance with the provisions of chapter one hundred 
sixty-eight of the acts of the year eighteen hundred and 
sixty-one. 

The appropriation made in the twenty-second chapter of 
the acts of the year eighteen hundred and fifty-eight, for 
the emergency fund, is hereby made applicable to, and may 
be used during the present political year, for the purposes 
and under the provisions and limitations mentioned in said 
chapter. 

To the union loan sinking fund, established under chap- 
ter two hundred and nine of the acts of the year eighteen 
hundred and sixty-one, section two, to be invested in accord- 
ance with the provisions of chapter one hundred and eighty- 
seven of the acts of the year eighteen hundred and sixty- 
two, the sum of one hundred and sixty thousand dollars. 

To the bounty loan sinking fund, established under chap- 
ter ninety-one of the acts of eighteen hundred and sixty- 
three, to be invested in accordance with the provisions of 
section five of said chapter, the sum of seventy thousand 
dollars. 

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

Approved March 2, 1864. 



1864.— Chapter 60. 41 



An Act making appropriations for expenses of the state 
almshouses ; hospital at rainsford island ; support an 



authorized. 



'^^ Chap. 60. 

ND -t 

RELIEF OF STATE LUNATIC PAUPERS ; REFORM SCHOOL AT WEST- 
BOROUGH AND NAUTICAL BRANCH THEREOF ; AND FOR OTHER 
PURPOSES. 

Be it enacted, Sj-c, as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropriations 
priated to be 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 : 

CHARITABLE. 

For the state almshouse at Tewksbury, a sum not exceed- Almshouses— 
ing lorty-seven thousand dollars. g. s. 7i. 

For the state almshouse at Monson, a sum not exceeding Monson. 
thirty-nine thousand dollars. ^' ^' '^' 

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

For the hospital at Rainsford Island, a sum not exceeding Hospital, Rains- 

i 1 xl J J 11 ford Island. 

twelve thousand dollars. g.s. 71. 

For the support and relief of state lunatic paupers in pau'^eri""^"'' 
state hospitals, a sum not exceeding ninety thousand dollars, p s. 73'; Acts 

For the department of the general agent, and for the Board*!tate char- 
expenses of the board of state charities, a sum not exceeding ities, expenses. 

X xi 1 J 11 Acts '63, 240. 

ten thousand dollars. 

For the department of the secretary of the board of state sec'y of board, 
charities, a sum not exceeding seven thousand dollars. Acts '63, 240. 

For the support of state paupers by cities and towns, a state paupers, 
sum not exceeding fifteen hundred dollars. ^'^' '^' 

For the expenses of coroners' inquests, a sum not exceed- coroners' in- 
ing fifteen hundred dollars. g"s.'^157. 

For the burial of state paupers, a sura not exceeding state paupers- 
three thousand dollars. g"8.''7o. 

For the transportation of state paupers to almshouses, a ^'■*g"''PJ""''^''?"- 
sum not exceeding three hundred and fifty dollars. ' '* 

For expenses incurred on account of Indians, a sum not Indians— • 
exceeding three thousand dollars, viz. : — To the guardian fun^dryVesoWes. 
of the Troy Indians, for their support, a sum not exceeding Troy, 
six hundred dollars, and for the salary of said guardian, the 
sum of one hundred dollars ; to the guardian of the Dudley Dudley. 
Indians, for their support, a sum not exceeding seven hun- 
dred and fifty dollars, and for the salary of said guardian 
one hundred dollars ; and to the treasurer of the Marshpce Marshpc*. 
Indians, for the support of certain old state paupers, a sum 
not exceeding two hundred dollars. 

For pensions, a sum not exceeding six hundred dollars. r-enMons. 

^ ,. ^ Sundry Uesolves. 



42 



1864.— Chapter 61, 



Almshouse loan 
finking fund. 
Acts '64, 355. 

Asylum for the 

blind. 

Kes. '55, 62. 

School for idiots, 
lies. '62, 26. 

Deaf and dumb 
at Hartford. 
Res. '29, 41 ; 
Res. '47, 94. 

Bequests of M. 
Jolionnot. 
Kes. '41, 65. 



To the almshouse loan sinking fund for the redemption 
of scrip, tlie sum of three thousand doHars. 

For the Perkins' institution and Massachusetts asylum for 
the blind, the sum of twelve thousand dollars. 

For the Massachusetts school for idiotic and feeble-minded 
youth, the sum of nine thousand dollars. 

For the support of Massachusetts beneficiaries in the 
asylum for deaf and dumb at Hartford, the sum of eight 
thousand six hundred dollars. 

For the annuities due from the Commmonwealth, incurred 
by the acceptance of the bequests of the late Martha Jolion- 
not, a sum not exceeding one thousand seven hundred and 
forty dollars. 



Reform sc 
G. S. 76. 



Expending de- 
fined. 

Nautical branch 
reform school. 
G. S. 76. 



Industrial 
school. 
G. S. 75. 



Arrest of fugi- 
tives. 
G. S. 142. 

Ag't discharged 
convicts, salary. 
Acts '61, 78. 



Kxpenses. 



REFORMATORY AND CORRECTIONAL. 

For expenses of the state reform school for boys at West- 
borough, a sum not exceeding forty-five thousand dollars ; 
said sum to be expended solely for the current expenses of 
said institution ; and all 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 for the erection of new buildings. 

For the current expenses of the nautical branch of the 
state reform school, a sum not exceeding twenty-two thou- 
sand five 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 current expenses of the state industrial school for 
girls, at Lancaster, a sum not exceeding fifteen thousand 
dollars. 

For expenses incurred in the arrest of fugitives from jus- 
tice, a sum not exceeding one thousand dollars. 

For the salary of an agent for the relief of discharged 
convicts, a sum not exceeding eight hundred dollars ; and 
for the expenditures of said agent, a sum not exceeding one 
thousand dollars. 

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

Approved March 2, 1864. 



Chap. 61. ^^ ^^"^ CONCERNING THE CITY OF WORCESTER. 

Be it enacted, S^c, as follows : 
Election of Engi- Tlic city couiicil of tlic city of Worcester shall annually, 
in the month of December, elect by joint ballot in conven- 
tion, a chief engineer of the fire department, and as many 



18C4.~Chapters 62, 63, 64. 43 

assistant-engineers, not exceeding six, as they deem expe- 
dient ; who shall hold their offices for the term of one year Term of office. 
from the first Monday of January next ensuing, and until 
their successors are chosen and qualified. 

Approved March 2, 1864. 

An Act to protect the shad fishery ix the Connecticut QJi^jy (52 

RIVER. ^ * 

Be it enacted, §-c., as follows: 

Section 1. No person shall set, draw or sweep any seine use of certain 
or net, the meshes of which are less than two and one-fourth between the*ist 
inches square when new and dry, for the purpose of catching juiy. """^ ^^"' 
shad or any other fish, in that part of the Connecticut river 
which is within the limits of this Commonwealth, and below 
the dam across said river at Holyoke, between the first day 
of May, and the fifteenth day of July, during each year. 

Section 2, Every person violating the provisions of the Penalty for vioia- 
preceding section, shall be liable to a fine of not less than '•°°' 
ten, nor more than fifty dollars for each offence, to be 
recovered in any court competent to try the same ; one-half 
of said fine to inure to the use of the town in which the 
offence shall be committed, and the other half to the person 
who shall prosecute therefor. 

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

Approved March 2, 1864. 

An Act relating to race grounds and trotting parks. Chap. 68. 
Be it enacted, Sfc, as follows : 

The tenth section of the one hundred and sixty-seventh ^^"^j'^I^^'''*"''" 
chapter of the General Statutes is hereby amended, by 
striking from the same the words " for the admission to 
which of persons or property, any money or other valuable 
consideration shall be directly or indirectly taken or 
required." Approved March 2, 1864. 

An Act to increase the capital stock of the rockland bank. Chap. 6-4. 
Be it enacted, tVc, as follows : 

Section 1. The president, directors and company of l"7p;\f« °f 
the Rockland Bank, ni Roxbury, are hereby authorized to izeu. 
increase their present capital stock, by an addition thereto 
of one hundred and fifty thousand dollars, in shares of one 
hundred dollars each, which shall be paid in such instal- 
ments as the president and directors may determine : pro- Proyiso. 
vided, hoioever, that the whole amount shall be paid in 
before the first day of May, in the year one thousand eight 
hundred and sixty-five. 



44 1864.— Chapter 65. 

Remonstrance. SECTION 2. If aiij of the stockliolders of said bank 

remonstrate against the acceptance of the additional capital 

herein provided, the said remonstrance shall be made in 

writing to the cashier of the bank, on or before the first 

day of June next; and if the persons so objecting legally 

represent one-fourth part of the present capital stock of 

said corporation, it shall not be entitled to the benefit of 

this act. 

Tax of additional SECTION 3. Thc additional capital aforesaid when paid 

capital. .j^j.^ g^.^ bank, shall be subject to the like tax, regulations, 

restrictions and provisions, to which the present capital 

stock of said bank is now subject. 

Certificate re- SECTION 4. Bcfore said corporation shall proceed to do 

''""* ' business on said additional capital, a certificate signed by 

the president and directors, and attested by the cashier 

under oath, that the same has actually been paid into said 

bank, shall be returned into the office of the secretary of 

the Commonwealth. 

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

Approved March 2, 1864. 

Chat). 65. -^^ -^^^ ^^ EXTEND THE PROVISIONS OF "AN ACT TO PROVIDE FOR 
^ ' THE PAYMENT OF BOUNTIES TO VOLUNTEERS AND FOR OTHER 

PURPOSES." 

Be it enacted, Sj-c, as follows : 
Pereons enlisted Section 1. The provisions of chapter two hundred and 
order of Feb. '64 fifty-four of tlic laws of the year eighteen hundred and 
bounTyTrundM slxty-thrce shall be, and the same hereby are, so extended 
call of Oct. '63. a^g iq entitle all persons who shall enlist, or re-enlist, and be 
mustered into the military service of the United States, as 
a part of the quota of Massachusetts under the order of the 
President of tiie United States for a draft of five hundred 
thousand men, dated February first, in the year eighteen 
hundred and sixty-four, to the same bounty or pay as pro- 
vided for in said act for those of the quota of the Common- 
wealth, under the call of the President for three hundred 
tliousand men, dated October seventeenth, in the year eigh- 
teen hundred and sixty-three ; and all the provisions of said 
act, in relation to the manner of offering and paying said 
bounty or pay, shall be applicable to all cases under the 
Proviso. provisions of this act : provided, however, that this act shall 

not be so construed, as to authorize the payment of bounty 
or pay to any drafted man or substitute. 

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

Approved March 2, 1864. 



1864.— Chapters 66, 67, 68, 69. 45 

An Act to confirm certain acts done by william h. wood, nifjjj (\Q 

AS justice of the peace. ' ' 

Be it enacted, f^'c, as follows : 

Section 1. All acts done by William H. Wood, of Marl- Acts between 

, , . ..•'^, •!• 1 e Jan'ySl, '60, and 

borough, esquire, as a justice oi the peace, within and lor juiy 21/63, made 
the county of Middlesex, between the thirty-first day of ^'''"^' 
January, one thousand eight hundred and sixty, and the 
twenty-first day of July, one thousand eight hundred and 
sixty-three, 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 discharge 
the duties of the said office. 

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

Approved. March 2, 1864. 

An Act to authorize the charlestown five cents savings Char). 61. 

bank to hold real estate. ^' 

Be it enacted, ^'c, as follows : 

Section 1. The Charlestown Five Cents Savings Bank May to'*!, re^i 
in the city of Charlestown, is hereby authorized to hold real town!'" 
estate in said city, to an amount not exceeding forty thou- 
sand dollars : provided, that no part of said amount sliall be Proviso, 
invested in real estate, except in the purchase of a suitable 
site, and tlie 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 March 2, 1864. 

An Act to authorize Granville c. carlton to build a bridge Chap. 68. 

over back river, in the TO^VN of SALISBURY. ■* * 

Be it enacted, Sj'c, as follows : 

Granville C. Carlton is hereby authorized to construct a Authority grant- 
bridge over Back river, so called, in the town of Salisbury, * 
from the point on the westerly shore of said river, known 
as the Back Landing, to the land of said Carlton, on the 
opposite shore : provided, the consent of the owners of said pfotIso. 
Landing be first obtained, and said bridge be built six feet 
above ordinary high-water and with an open and unob- 
structed space in the channel, twenty feet wide between the 
abutments of said bridge. Approved March 2, 1864. 

An Act to increase the capital stock of the city fire Chan. 69. 

INSURANCE company, AND TO EXTEND ITS CHARTER. ^ ' 

Be it enacted, §'c., as follows : 

Section 1. The City Fire Lisurance Company in Boston Amount or in- 
is hereby authorized and empowered to increase its capital ""'^"' 



46 



1864.— Chapter 70. 



Payment. 



Charter extended 
without limita- 
tioa of time. 



Powers and du- 
ties. 



Act, when to take 
effect. 



stock by an addition thereto of the sum of one hundred and 
fifty thousand dollars. 

Section 2. Said additional capital shall be paid in at 
such times and in such instalments as the stockholders shall 
by vote direct ; but not less than fifty thousand dollars shall 
be paid in within one year from the acceptance of this act. 

Section 3. The act of the year one thousand eight hun- 
dred and forty-seven, incorporating said company by the 
name of the Cochituate Fire Insurance Company, but 
changed by an act in the year one thousand eight hundred 
and fifty-six to the name of the City Fire Insurance Com- 
pany, shall be continued and remain in force from and after 
the fifteenth day of March in the year one thousand eight 
hundred and sixty-seven ; and said company shall continue 
from and after said fifteenth day of March to be a corpora- 
tion under the name of the City Fire Insurance Company, 
with all the powers and privileges, and subject to all the 
duties, liabilities and restrictions, set forth in all general 
laws which now are or hereafter may be in force relating to 
such corporations. 

Section 4. This act shall not take effect unless accepted 
at a meeting of the stockholders of said company duly 
notified for that purpose and holden within three months 
after the passage of this act. Approved March 2, 1864. 



Chap. 70. 



Court establish- 
ed. 



Jurisdiction, 
powers and du- 
ties. 



Application of 
General Statutes. 



An Act to establish the police court of the town of 

MILFORD. 

Be it enacted, Sfc, as follotos : 

Section 1. A police court is hereby established in the 
town of Milford under the name of the Police Court of 
Milford ; and said town shall constitute a judicial district 
under the jurisdiction of said court. Said court shall have 
the same jurisdiction, power and authority, shall perform 
the same duties and be subject to the same regulations as 
•provided in respect to existing police courts, except those of 
Boston and of Worcester, by the one hundred and sixteenth 
chapter of the General Statutes, and by all general laws 
passed in amendment thereof applicable to the several police 
courts of the Commonwealth ; and all provisions of law 
relating to civil and criminal proceedings, the taxation of 
costs, the payment of fines, the expenses of court, the 
accounting and settling with the county or town treasurers 
for the money paid into court as forfeitures or otherwise, 
and the required returns applicable to the several police 
courts in the Commonwealth, except the police courts of 
Boston and of Worcester, shall apply to the police court of 
Milford hereby established. 



1864.— Chapters 71. 47 

Section 2. The said court shall consist of one standing Justices. 
justice and two special justices, to be appointed, commis- 
sioned and qualified pursuant to the constitution and laws 
of the Commonwealth. 

Section 3. The standing justice of said court shall f^^''"Jgj? ^ ^'*°'^" 
receive an annual salary of eight hundred dollars, to be 
paid from the treasury of the Commonwealth. The com- compensation of 
pensation of the special justices, for duties performed by sp«"'^ij"s'>=«8- 
them in case of tlie sickness, interest, absence or other 
disability of the standing justice, shall be paid by the stand- 
ing justice as provided by law. 

Section 4. All proceedings duly commenced before any Present pending 

..,.,. • ,• £• ^1 r ^1 ± "^p cases, how deter- 

trial justice or justice oi tlie peace lor tlie county oi mined. 
Worcester, before the third Monday of March, in the year 
one thousand eigiit hundred and sixty-four, shall be prose- 
cuted and determined as if this act had not been passed. 

Section 5. This act shall take effect, so far as the ^^^^ ^^^^ ^ 
appointing, commissioning and qualifying the standing jus- 
tice and special justices of said police court of Milford are 
concerned, upon its passage, and it shall take full effect on 
the third Monday of March in the year one thousand eight 
hundred and sixty-four. ' Approved March 3, 1801. 

An Act making appropriations from the income of the several QJifjp^ 7I. 

FUNDS therein MENTIONED, AND FOR OTHER PURPOSES. -* 

Be it enacted, §'c., as follows : 

Section 1. The sums hereinafter mentioned, are appro- Appropriations 
priated, to be paid out of the income of the several funds 
mentioned herein, to wit: 

The income of the Rogers book fund shall be expanded ^J'^"^'^ ''°°'^ 
in accordance with the 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 T0ddnorm.1i 

„,, 1 n ^ • 1 I'l- scliool fund. 

to the treasurer of the board of education, to be applied m 
such manner as shall be prescribed by said board, in accord- 
ance witli chapter thirty-six of the General Statutes. 

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

Section 2. The sums mentioned in this section arc ^,'^;"v^JJ:j,^„®'' 
appro|)riated, and shall be allowed and paid out of the i'srWes fund, 
income of the Charles River and Warren bridges fund, for ''•'^'■■"p"''''""- 
the year eighteen hundred and sixty-four, in accordance 
with the ])rovisions of chapter four hundred filty-one of 
the acts of the year eighteen hundred and fifty-lour, and 



48 



1864.— Chapter 71, 



Charles River 

bridge. 

Repairs. 



Horse-keeping. 
Fuel and lights. 
Incidentals. 



Draw-tender, 
compensation. 



Warren bridge. 
Repairs. 

Horse-keeping. 

Fuel and lights. 

Incidentals. 



Draw-tender, 
compensation. 



Essex Bridge 
tolls, appropri- 
ation. 



Toll-gatherers 
and draw- 
tenders. 



Repairs. 
Lights. 



chapter ninety-six of the acts of the year eighteen hundred 
and fifty-eight, to wit : 

On account of the Cliarles River bridge, — 

For repairs on said bridge and buildings belonging thereto, 
a sum not exceeding two thousand seven hundred and fifty 
dollars. 

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

For gas, oil, fluid and fuel, a sura not exceeding six 
hundred dollars. 

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

For the compensation of the draw-tender on said bridge, 
in conformity with chapter ninety-six of the acts of the year 
one thousand eight hundred and sixty-one, a sum not 
exceeding twelve hundred dollars. 

On account of the Warren bridge, — 

For repairs on said bridge and buildings belonging thereto, 
a sum not exceeding seventeen hundred and fifty dollars. 

For horse-keeping, a sum not exceeding one hundred and 
seventy dollars. 

For gas, oil, fluid and fuel, a sum not exceeding five 
hundred dollars. 

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

For the compensation of the draw-tender on said bridge, 
in conformity with chapter ninety-six of the acts of the year 
one thousand eight hundred and sixty-one, a sum not 
exceeding eleven hundred dollars. 

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-four, in accordance 
with chapter one hundred and twenty-two of the acts of the 
year one thousand eight hundred and fifty-nine, 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 sura not exceeding seven hun- 
dred dollars. 

For the repair and maintenance of said bridge, a sura not 
exceeding eighteen hundred dollars. 

For gas, oil and fluid, a sum not exceeding two hundred 
and fifty dollars. 

For incidental expenses, a sum not exceeding twenty-five 
dollars. 



Chap. 73. 



1864.— Chapters 72, 73, 74. 49 

For gas-piping, a sum not exceeding five hundred dollars. Ga«-P'pe8- 
And all moneys arising from the tolls on said bridge shall fr^^°„ "' *° ^'*'* 
be paid into the state treasury. 

Section 4. In all cases for which no other provision is income of funds 

111 !• I' p ^^ f ^ °°' provided for. 

made by law, the nicome 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 March 3, 1864. 
An Act to authorize the Massachusetts mutual life insur- Qhan 7") 

ANCE COMPANY TO INCREASE ITS INVESTMENT IN REAL ESTATE. -^ * 

Be it enacted, Sfc, as follows: 

Section 1. The Massachusetts Mutual Life Insurance May iDcrease in- 
Company is hereby authorized to hold real estate in the city springfilw" 
of Springfield, to an amount not exceeding in cost forty 
thousand dollars, in addition to the amount of ten thousand 
dollars now auihorized to be held by them. 

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

Approved March 3, 1864. 

An Act to increase the capital stock op the indian 
orchard mills. 
Be it enacted, Sfc, as follows : 

Section 1. The Indian Orchard Mills are hereby author- 
ized to increase their capital stock by an amount not exceed-* 
ing four hundred thousand dollars, and to invest such 
increase in real and personal estate necessary and convenient 
for carrying on the business of the said corporation. 

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

Approved March 3, 1864. 
An Act to increase the capital of the merchants' woollen (Jf^ij) 74. 

COMPANY. "' 

Be it enacted, Sfc, as follows: 

Section 1. The Merchants' Woollen Company, a corpo- increase 
ration organized in August, in the year one thousand eight "" °"^ ' 
hundred and sixty-three, under chapter sixty-one of the 
General Statutes, with a capital stock of four hundred and 
ninety thousand dollars, is hereby authorized to add to its 
capital stock two hundred and sixty thousand dollars. 

Section 2. The said corporation, its officers and stock- Restrictions and 
holders, shall remain subject to all the liabilities, restrictions 
and duties contained in said chapter, with the exception of 
so much of the sixth section thereof as limits the capital 
stock to five hundred thousand dollars, and also subject to 
all general laws applicable to such corporations. 

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

Approved March 3, 1864. 

7 



50 1864.— Chapters 75, 76, 77. 

Chap. 75. -^^ ^^"^ CONCERNING THE BOSTON AND CHELSEA RAILROAD COMPANY, 

Be it enacted, ^'c, as follows : 

May use tracks SECTION 1. The Boston aiid Chelsea Railroad Company, 

MetropoUton^° Qiid their lessees, are hereby authorized to enter upon and 

'^'*^" use the tracks of the Middlesex Railroad Company, and the 

tracks of the Metropolitan Railroad Company in Court 

Street and Cornhill, through Haymarket Square to and 

around ScoUay's Building, returning to said Haymarket 

Square, subject to location by the mayor and aldermen of 

the city of Boston ; and upon such rates of compensation 

for the use of said tracks, as may be agreed by the parties, 

or determined according to law. 

Subject to Gen- SECTION 2. Said corporatiou shall be subject to the gene- 

eral Statutes. , , , ^ \ ■ c A j.- f ^ •? J 

ral laws that are or may be in force relative to horse railroad 
corporations. 

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

Approved March 3, 1864. 

Chan 76 ^^ ^*^^ ^^ increase the capital- stock op the OLD COLONY 
i ' ' INSURANCE COMPANY. 

Be it enacted, Sfc, as follows: 

The Old Colony Insurance Company in the town of 
Plymouth, is hereby authorized to increase its capital stock, 
by an addition thereto of the sum of fifty thousand dollars, 
* to be divided into shares of one hundred dollars each: pro- 
vided, the same shall be paid in within two years from the 
passage of this act. Approved March 3, 1864. 

Ph 77 ^^ "^^^ "^^ CEDE JURISDICTION TO THE UNITED STATES, OVER LONG 

i^fiap. t t. POINT, IN PROVINCETOWN HARBOR. 

Be it enacted, Sfc, as follows: 

Jurisdiction Section 1. Jurisdiction is hereby granted and ceded to 

the United States of America, and all right of this Common- 
Limitation wealth to the soil thereof, over all that portion of Long 
defined. Poiut, ill Proviucctown harbor, extending from the extrem- 

ity occupied by the light-house, to a line drawn true west 
through the northern point of House Point Island, includ- 
ing also that island and all the flats adjacent to the premises 
conveyed, and all the flats adjacent to any land now owned 
by the United States on said point, and also over such other 
lands belonging to said Commonwealth in said Province- 
town as the United States may take and occupy for the 
Plan to be filed ercctiou of fortificatious : provided, that a plan thereof 
i^^secretary s ^\^q\\ ]jq fligd [^ the officc of thc Secretary of this Common- 
wealth, within two years from the passage of this act. 
Further cession. Jurisdiction is also ceded to said United States of America 
over all other lands in said Provincetown to which the 



1864.— Chapters 78, 79. 51 

United States may acquire title for the purposes aforesaid : 
provided^ that a plan of said premises shall be filed with the Provisos, 
secretary of this Commonwealth, within one year after such' 
title of the United States is acquired ; and consent is hereby 
given to the acquisition of such title : provided, always, that 
this Commonwealth shall retain concurrent jurisdiction with 
the United States in and over all the lands aforesaid, so far 
that all civil processes, and all criminal processes issuing 
under the authority of tliis Commonwealth, may be executed 
on said lands, and in any buildings thereon, or to be erected 
thereon, in the same way and manner as if jurisdiction had 
not been granted as aforesaid. 

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

Approved March 5, 1864. 

Ak Act to amend chapter ninety-one and chapter two hundred dian. 78. 

AND fifty-two OF THE ACTS OP THE YEAR EIGHTEEN HUNDRED "* 

AND SIXTY-THREE. 

Be it enacted, §"c., as follows: 

Section 1. Recruiting officers appointed by the governor, Recruiting ^. 
who recruit in the military service anywhere in tiiis Com- to penalties in 
monwealth, for the quota of Massachusetts volunteers, under -^^'''^ °f i^^- 
a call of the President of the United States, and persons 
who solicit and induce others to enlist in military service as 
a part of said quota, shall not for such acts be liable to the 
penalties prescribed in chapters ninety-one and two hundred 
and fifty-two, of the acts of the year eighteen hundred and 
sixty-three, nor shall such acts be deemed criminal within 
the intent and meaning of said chapters. 

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

Approved March 5, 1864. 

An Act concerning the observance of the lord's day. Chap. 79. 

Be it enacted, ^'c, as follows: 

Section 1. Whoever keeping a house, shop, cellar or Puwic entertain- 
of public entertainment or refreshment, entertains "xcept'certain"' 
therein on the Lord's day any persons not being travellers, 
strangers or lodgers, or suffers such persons on said day to 
abide or remain therein, or in the yards, orchards or fields 
appertaining to the same, drinking, or spending their time 
idly or at play, or in doing any secular business, shall be 
punished by fine not exceeding fifty dollars for each person 
so entertained or suffered so to abide or remain ; and upon Penalty, 
any conviction after the first, by fine not exceeding one 
hundi-ed dollars; and if convicted three times, he shall 
thereafter be incapable of holding a license. 



52 



1^64.— Chapters 80, 81. 



Chap. 80. 



Corporators. 



Purpose. 



Powers and 
duties. 



Chap. 81. 



Repeal. SECTION 2. TliG third sGctioii of chapter eighty-four of 

the General Statutes is hereby repealed : but this repeal 
Shall not affect any proceeding under said section commenced 
before this act takes effect. 

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

Approved March 5, 1864. 

An Act to incorporate the home for aged colored women. 
Be it enacted, Sfc, as follows : 

LeBaron Russell, George Higginson, Nathaniel G. Chapin, 
their associates and successors, are hereby made a corpora- 
tion by the name of the home for aged colored women, for 
the purpose of providing a home in the city of Boston for, 
or otherwise assisting, aged and indigent colored women ; 
with all the powers and privileges, and subject to all the 
duties, liabilities and restrictions, set forth in the general 
laws which are or may be in force relating to such corpora- 
tions ; and for the purpose aforesaid, may hold real and per- 
sonal property to an amount not exceeding one hundred 

thousand dollars. Approved March 5, 1864. 

An Act to revive the charter of the springfield and long- 
meadow railroad corporation, and for other purposes. 
Be it enacted, Sfc, as follows: 

Section 1. Chapter two hundred and thirty-two of the 
acts of the year eighteen hundred and forty-nine, entitled 
" An Act to incorporate the Springfield and Longmeadow 
Railroad Corporation," is hereby revived ; and said corpora- 
tion may be organized within two years from the passage of 
this act. 

Section 2. The time limited in the fifth section of said 
act, within which the location of the railroad of said corpo- 
ration should be filed, is hereby extended to the first day of 
May, eighteen hundred and sixty-six, and the time limited 
in said section for completing the railroad to some point in 
Longmeadow is hereby extended to the first day of May, 
eighteen hundred and sixty-seven. 

Section 3. Said corporation may connect its railroad 
with the Hartford and New Haven Railroad, and the Con- 
necticut River Railroad, at some convenient points in 
Springfield, in such manner as not to interfere with their 
depot buildings, and may enter upon and use said railroads 
in accordance with the provisions of law. 
Depot. Section 4. Said corporation shall establish a permanent 

stopping place near the United States armory, in Springfield, 
for the purpose of receiving and delivering freight, and, 
under the direction of the mayor and aldermen of the city 



Location and 
construction of 
road. 



May connect with 
other roads. 



1864.— Chapter 82. 53' 

of Springfield, construct their railroad across State Street 
in such manner as to best accommodate the business of tlie 
government. 

Sections. Said corporation shall not issue any shares P^«^'J^i"«°f 
for a less amount than one hundred dollars, to be actually 
paid in on each share, any thing in said act to the contrary 
notwithstanding. Approved March 5, 1864. 

An Act to incouporate the mansfield and somerset railroad Chap. 82. 

COMPANY. • ^ 

Be it enacted, §'c., as follows : • 

Section 1. Willard Manuel, of Mansfield, Otis Gary, of corporators. 
Foxborough, and Laban M. Wheaton, of Norton, their asso- 
ciates and successors, are hereby made a corporation by the 
name of the Somerset and Mansfield Railroad Company, Title. 
with all the privileges and subject to all the restrictions. Powers and du- 
duties and liabilities, set forth in the general laws which 
now are or hereafter may be in force relating to such 
corporations. 

Section 2. The said company may locate, construct and Location. 
operate a railroad commencing at some convenient point in 
the town of Mansfield, at or near the junction of the Taun- 
ton Branch and Boston and Providence Railroads, there 
connecting with the Foxborough Branch Railroad, thence 
southerly through tlie towns of Mansfield, Norton, Taunton, 
Dighton and Somerset, to a line below Wilber's Pond in said 
Somerset, upon the channel of Taunton River, where there 
is sufficient water at low tide for vessels ; said line to be J'o"bVdefe°rm1ned 
determined by tiiree commissioners to be appointed by the by commission- 
supreme judicial court; said commissioners shall select a*"" 
line which shall accommodate said company and not be 
prejudicial to the harbor of Fall River; the award of said prved/^tr T 
commissioners, or a major part of them, fixing said line, fi"*^'- 
when approved by the governor and council, shall be final ; 
said company may construct to said line such wharves as company may 

'„,. 't. , , -, construct 

are necessary lor their accommodation, the number and wharves, 
location of said wharves to be determined by said commis- 
sioners, and approved by the govewior and council ; and 
said award, and the number and location of said wharves, p^"^" ftobe eie^d" 
when approved as aforesaid, shall be filed by said company, ^'iggio^ers*^'""' 
with their location, with the county commissioners of 
Bristol county. Said commissioners shall be paid by said compensation, 
company for fixing said line and the number and location 
of said wharves. 

Section 3. Said company may, with the consent of the t^n'^^irJlei^^rnd' 
companies hereinafter mentioned, enter upon and unite its J?'^«|'J°';j '^'^^^ 
road with the roads of the Taunton Branch and the Dighton authorized. 



54 1864.— Chapters 83, 84. 

and Somerset Railroad companies, and use the said railroads, 
subject to the provisions of the statutes of this Common- 
wealth relating to railroads and railroad corporations. 
May lease or pur- SECTION 4. Said compauv mav lease or purchase the 

chase first-named i? i m r, t-w ■ i i 

Proviso. whole or any part oi the launton Branch Railroad: pro- 

vided, Iioivever, that no such lease or sale shall be made 
without the vote authorizing the same, of three;quarters of 
the stockholders of the Taunton Branch Railroad Company 
present and voting at a meeting called for that purpose. 

Capital stock of SECTION 5. Tkc Capital stock of said company shall be 

corporation. /> i i • i , 1,1 

nxed by said company at an amount not less than three 
hundred thousand dollars nor more than five hundred 
thousand dollars, and when so fixed shall not there- 
after be changed ; and said stock shall be divided into 

Estate. shares of one hundred dollars each ; said company may 

purchase and hold such real and personal estate as may be 
necessary for the purposes for which it is incorporated. 

Act void unless, SECTION 6. Thls act sliall be void unless the said railroad 
is located within two years, and constructed within four 
years from the passage hereof. 

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

Approved March 5, 1864. 



<?'- 



Chap. 83. 



An Act to incorporate ,^the wellfleet marine insurance 

COMPANY. 

Be it enacted, Sfc, as follows : 
Corporators. SECTION 1. Jamcs Swctt, Bciijamin Oliver, Jesse Y. 

Baker, their associates and successors, are hereby made a 
Title. corporation, by the name of the Wellfleet Marine Insurance 

Purpose. Company, in "the town of Wellfleet, for the purpose of 

making insurance against maritime losses ; with all the 
Powers and du- powcrs aud privilcgcs, and subject to all the duties, liabili- 
*'*^" ties and restrictions set forth in all general laws which now 

are, or hereafter may be, in force, relating to such corpor- 
ations. 
Capital stock. SECTION 2. Said corporation shall have a capital stock of 

sixty thousand dollars, divided into shares of one hundred 

dollars each. 

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

Approved March 5, 1864. 

Chap. 84. -^N Act IN further addition to "an act to provide for the 
payment of bounties to volunteers, and for other purposes." 
Be it enacted, §"c., as follows: 
^aid"'on*drr^a™ SECTION 1. If aiiy pcrsou entitled to bounty under the 
of 'person eniiTu provisious of cliaptcr two hundred and fifty-four of the laws 
*°^' of the year eighteen hundred and sixty-three, or any act 



1864.— Chapter 85. 55 

additional to the same, has died, or shall die, before he has 
received his bounty, it shall be paid to his widow, or, if he 
leave no widow, to his lawful heirs. 
Section 2. Tliis act sliall take effect upon its passage. 

Approved March 5, 1864. 



Chap. 85. 



authorized. 



An Act makixg appropriations to mp;et certain expenditures 

authorized in the year eighteen hundred andsixty-three, 

and previous years, and for other purposes. 
Be it enacted, S^-c, as follows: 

Section 1. Tlie sums hereinafter mentioned are appro- Appropriations 
priated, to be paid out oi the treasury of the Commonwealth, 
from the ordinary revenue, except in cases otiierwise 
ordered, for the purposes specified herein, to wit: 

For incidental expenses of the treasurer and 
general, the sum of five hundred and sixty-seven dollars and 
seventy cents. 

For incidental expenses of the secretary of the Common- ^^^J^^ """'^ 
wealth, the sum of twenty-two dollars and seventy-one cents. 

For expenses on account of the state library, incurred state library. 
under chapter twelve of the resolves of the year eighteen 
hundred and sixty-three, the sum of thirty dollars. 

For expenses incurred in the support of the Dudley Dudley Indians. 
Indians, the sum of twenty dollars and seventy-nine cents. 

For compensation and expenses of commissioners, commissioners 
appointed under chapter forty of the resolves of the year diana^°" 
eighteen hundred and sixty-thz'ee, relating to land titles 
claimed by the Dartmouth Indians, the sum of one hundred 
and sixty-six dollars and forty-two cents. 

For compensation and expenses of the commissioners on commissioners 
harbors and flats, in accordance with the provisions of chap- tiats. 
ter eighty-eight of the resolves of the year eighteen hundred 
and sixty-two, the sum of four hundred and seventy-six 
dollars and forty-three cents ; and for the current year, a 
sum not exceeding three thousand dollars. 

For incidental expenses of the board of agriculture, the poard of agricui- 

c ^ ^ ^ ^^ !/•, '"re, incidentals. 

sum 01 twenty dollars and forty-seven cents. 

For contingent expenses of the insurance commissioners, insurance com- 

.1 ^ ,. 1 r J 11 J /• (V 1 , missioners, con- 

the sum oi seventy-lour dollars and hlty-two cents. tingent. 

For expenses incurred in the purchase of weights, meas- ^veiRhts and 
ures and balances, under chapter fourteen of the resolves of '"*"*"'^^' 
the year eighteen hundred and sixty-three, the sum of ten 
dollars and sixty cents. 

For printing and stationery for the board of education, J|™'_'''' "^If^V^*" 
the sum of five hundred and forty-three dollars and ninety- &'c.'' ''"" '"'^• 
one cents, to be paid out of the income of the Massachusetts 
school fund. 



Cattle 
sioners 



56 1864.— Chapter 85. 

Hartford asylum, FoF Gxpeiises iiicurred in the support of state beneficiarieg 
ene uanes. ^^ ^j^^ Hartfoi'd asyluiii foF deaf and dumb, the sura of 

twelve hundred and twenty-seven dollars and twenty-nine 

cents, which shall be allowed and paid. 
''" For expenses incurred under chapter twenty-eight of the 

acts of the year eighteen hundred and sixty-two, and chapter 

two hundred and twenty of the acts of the year eighteen 

hundred and sixty, concerning cattle commissioners, the 

sum of three thousand seven hundred and eighty-four dollars 

and forty-two cents. 
reformslho^Tx''- ^^^ ^^^^ currcut cxpcnscs of the nautical branch of the 
penses. ' rcform school, the sum of one thousand nine hundred and 

sixty-eight dollars and thirty-seven cents. 
Reform school, For the currciit expenses of the reform school for boys, 

the sum of nine thousand one hundred and ninety-six dollars 

and fourteen cents. 
hoi°fto[*^ Jx'Tn'^ ^^^^ ^^^'^ current expenses of Rainsford Island hospital, the 
ses. ' sum of nine hundred and forty-three dollars and thirty-one 

cents. 
AVharf. For cxpcuses incurred in the re-construction of the wharf 

at Rainsford Island hospital, the sum of two thousand five 

hundred and four dollars and seventy-four cents. 
Coroners' in- For cxpcuses of coroucrs' inquests, the sum of six hundred 
"""'''■ dollars. 

counte ''6r'2 '3 ^^^ sheriffs' accounts, for the years eighteen hundred and 
' ' ' ' sixty, eighteen hundred and sixty-one, eighteen hundred 

and sixty-two, and eighteen hundred and sixty-three, the 

sum of three hundred and fifty dollars. 
Essex bridge. For cxpeuscs iiicurrcd in the maintenance of the Essex 

bridge, a sum not exceeding three hundred and twelve 

dollars and thirteen cents, to be paid from the Essex bridge 

fund. 
Soldiers' record For soldicrs' Tccord books, contracted for in accordance 

books. .ii •• ft 1111 

With the provisions or chapter two hundred and twenty-nine 
of the acts of the year eighteen hundred and sixty-three, a 
sum not exceeding six hundred dollars and twenty-eight 
cents. 

d^ume^nts^'^tia'*' ^^^ printing public documents of the year eighteen hun- 
dred and sixty-three, a sum not exceeding twelve thousand 
dollars. 

ai'8°ibrar^*°"' ^°'' ^'^^ attomey-general's law library, a sum not exceed- 

rary. .^^^ tWClvC dollars. 

Printing census For printing the census abstract, authorized by chapter 
a stract. thirtceu of the resolves of the year eighteen hundred and 

sixty, a sum not exceeding nineteen hundred and thirty-one 

dollars and fifty-four cents. 



1864.— Chapters 86, 87. 57 



For continsrent expenses of the governor and council, a Governor and 

!• , . T 1 1 • X -ixjii council, contin- 

sum not exceeding two hundred and ninety-eight dollars gent, 
eighty cents. 

In the resolve, chapter one hundred and five, of the year Francis w. iia- 
eighteen hundred and sixty-three, for the compensation and *°"' 
mileage of Francis W. Mason, the sum of thirty-eight 
dollars. 

For military accounts of the years eighteen hundred and Military 

„ „ 1 • I 111 1 r-i-^ • ^ , i accounts, '57 

fifty-seven and eighteen liundrea and nlty-eight, a sum not and '58. 
exceeding thirty-six dollars. 

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

Approved March 11, 1864. 

An Act ix addition to an act to establish the city of QJimj §() 

NEWBURYPORT. ^ * 

Be it enacted, §-c., as follows ; 

Section 1. The qualified voters of the city of Newbury- Board of aider- 
port, at their respective annual ward meetings, shall elect ^^°' 
at large, by ballot, six persons, one of whom shall be selected 
from each ward, to be aldermen ; and the persons thus chosen 
shall constitute the board of aldermen, and shall hold their 
offices for one year from the first Monday in January, and 
until others shall be elected and qualified. 

Section 2. Chapter three hundred and thirty-three of Repeal, 
the acts of the year one thousand eight hundred and fifty- 
one is hereby repealed. 

Section 3. This act shall be submitted to the inhabitants Act how and 
of Newburyport, for their acceptance or rejection, at legal TefITc". 
meetings to be called in the several wards of said city within 
ninety days from the passage of this act, and shall take 
effect from and after its acceptance by a majority of the 
votes cast at such meetings. Approved March 11, 1864. 

An Act to authorize abner l. bayley to maintain and extend QJiai). 87. 

A WHARF IN AMESBURY. •* 

Be it enacted, ^r., as folloios: 

Abner L. Bayley, proprietor of land and flats and of a Authority 
wharf thereon, situate at or near tiic junction of the Mcr- ^™° * ' 
rimac and Powow rivers in Amesbury, is hereby authorized 
to maintain said wharf as the same is now constructed, and 
to extend tiie same in an easterly direction to low-water 
mark on said rivers, with a right to lay vessels at the end 
and sides of said wharf, and receive wharfage and dockage 
therefor : provided, however^ that this grant shall in nowise Proviso, 
impair the legal rights of any person. 

Approved March 11, 1864. 



58 



18G4.— Chapters 88, 89, 90. 



Chap. 88, 



Corporators. 



Title. 
Purpose. 



Powers and 
duties. 



Chap. 89. 



Acts between 
Apr. 8, '62, and 
Feb. 3, '64, made 
valid. 



Chap. 90. 



Corporation 
continued. 



Powers and 
duties. 



An Act to in'cokporate the westfield athen^cum. 
Be il enacted, ^x., as follows: 

Section 1. Samuel Mather, Hiram Harrison, and Cutler 
Laflin, their associates and successors, are hereby made a 
corporation by tlie name of the Westfield Athenaeum, to be 
established in the town of Westfield, for the purpose of 
maintaining a library and reading-room, and promoting 
public instruction by lectures and otherwise, with all the 
powers and privileges, and subject to all the duties, restric- 
tions and liabilities imposed by all laws that are or may 
hereafter be in force concerning such corporations. 

Section 2. Said corporation is authorized to hold the 
donation of Samuel Mather, and all other donations, bequests 
and devises, which are or may be hereafter made ; and may 
also pui'chase and hold real estate to an amount not exceed- 
ing thirty thousand dollars, and personal estate to an amount 
not exceeding one hundred thousand dollars. 

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

Approved March 11, 1864. 

An Act to confirm certain acts done by james gerrish as a 
justice of the peace. 

Be it enacted, ^r., as folloivs : 

Section 1. All acts done by James Gerrish of Shirley, in 
the county of Middlesex, esquire, as a justice of the peace 
within and for the county of Middlesex, between the eighth 
day of April, in the year eighteen hundred and sixty-two, 
and the tliird day of February, in tlie year eighteen hundred 
and sixty-four, are hereby made valid and confirmed to the 
same extent as they would have been valid had he been 
during that interval duly qualified to discharge the duties 
of the said office. 

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

Approved March 11, 1864. 

An Act to continue in force an act to incorporate the 

marlborough mutual fire insurance company. 
Be it enacted, §'c., as follows: 

Section 1. The act of the year one thousand eight hun- 
dred and thirty-six, to incorporate the Marlborough Mutual 
Fire Insurance Company, shall be continued in force from 
and after the expiration of said act. 

Section 2. Said company shall have all the powers and 
privileges and no others, and be subject to all the duties, 
restrictions and liabilities set forth in the general laws in 
relation to mutual fire insurance companies, which now are 
or hereafter may be in force. 

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

Approved March 14, 1864. 



1864— Chapters 91, 92, 93, 94. 59 

An Act to incorporate the general theological library. QJiaj) 9 \ 

Be it enacted, §*c., as- follows : 

Section 1. Charles Burroughs, Johu C. Hayden, Luther corporators. 
Faniham, their associates and successors are hereby made a 
corporation by the name of the General Theological Library Title. 
in the city of Boston, for the purpose of promoting religion Purpose. 
and theological learning ; with all the powers and privileges. Powers and 
and 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 hold real and personal fo^^^usute" 
estate to an amount not exceeding one hundred and fifty 
thousand dollars, exclusive of books and furniture. 

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

Approved March 14, 1864. 

An Act in relation to the franklin cemetery association. Chap. 92. 
Be it enacted, Sfc, as follows: 

Section 1. Chapter eighty-four of the acts of the year charter revived, 
eighteen iiundred and sixty, entitled " An Act to incorpo- 
rate the Franklin Cemetery Association," is hereby revived, 
and said corporation may be organized within two years organization. 
from the passage of this act. 

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

Approved March 14, 1864. 
An Act to authorize the recording of papers in the registries QJiffn^ 93 

OF PROBATE. ^' 

Be it enacted, Sfc, as follows: 

All papers or instruments discharging any claim, or pur- Record to be 

.ri^ 1 11 1 r ^ ^ o li ^1 n'»^l« upon 

portnig to acknowledge the performance 01 any duty or the request of party 
payment of any money, for which any executor, adminis- """^"*'"" 
trator, guardian or trustee is chargeable or accountable in a 
court of probate, shall, upon the request of a party inter- 
ested, be recorded in the registry of said court ; and the 
registers of probate, in their respective counties, shall enter, Duties of 
record, index and certify the original paper or instrument '^'^°"' 
offered as aforesaid, and shall receive for the service the like 
compensation as registers of deeds would be entitled to Fees. 
demand for like service, to be paid by the person leaving 
such paper or instrument for record, at the time of leaving 
the same. Approved March 14, 1864. 

An Act to alter the time for making the report of the hank Chap. 94. 

COMMISSIONERS. 

Be it enacted, Sfc, as follows: 

Section 1. The annual report of the bank commissioners 1,',^^','^''^^'°^''* 
shall hereafter be made on or before the first day of January, juuuary. 



Chap. 95. 



60 1864.— Chapters 95, 96, 97. 

and shall include the results of all examinations made by- 
said commissioners during the year preceding that date. 
Repeal. SECTION 2. So mucli of the first section of the fourth 

chapter, and of the eighth section of the fifty-seventh 
chapter of the General Statutes, as is inconsistent with this 
act, is hereby repealed. Approved March 14, 1864. 

An Act concerning bank bills. 
Be it enacted, ^'c, as follows: 

General plates SECTION 1. The Operation of section seven, chapter two 

used in commOD. , ■. -^ -. . /». /»• . -, ^ 

hundred and nine oi 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-five. 

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

Approved March 16, '1864. 

Chan. 96. ^^ -^^'^ concerning the PERKINS institution and MASSACHUSETTS ' 
^ ' ' ASYLUM FOR THE BLIND. 

Be it enacted, Sfc, as follows: 
Governor to SECTION 1. Tlic govcmor, with tlic advicc and consent 

appoint trustees. _, -iiii n i/> i 

01 the council, shall annually, as soon as may be alter the 
first Wednesday in February, appoint four trustees of the 
Perkins Institution and Massachusetts Asylum for the Blind, 

Tenure. who sliall hold their offices for one year, or until the appoint- 

vacanciea. mciit of their succcssoi's ; and in case of the occurring of 

any vacancy by death or resignation among the trustees so 
appointed, the governor may, with tlie advice and consent 
of the council, fill such vacancy. 

Repeal. SECTION 2. So mucli of the one hundred and thirteenth 

chapter of the acts of the year eighteen hundred and 
twenty-eight, as authorizes the appointment of trustees of said 
asylum, by a board of visitors thereof, is hereby repealed. 

^^^'j'len to take SECTION 3. Tliis act sliall uot take effect until it has 
been accepted by the Perkins Institution and Massachusetts 
Asylum for the Blind, at a meeting of the corporation 
specially called for the purpose. Approved March 16, 1864. 

Chat). 97 -'^^ -^^"^ "^^ INCORPORATE THE TOWN OF GOSNOLD. 

Be it enacted, Sfc, as follows : 
Territory incor- SECTION 1. All that portiou of the territory of the town 
^°^ ' of Chilmark known as the Elizabeth Islands, situated on the 

south-east side of Buzzard's Bay, and forming the north- 
westerly side of Vineyard Sound, is hereby incorporated 
into a separate town by the name of Gosnold ; and the said 
town of Gosnold is hereby vested with all the powers and 
privileges, rights and immunities, and shall be subject to all 
the duties and requisitions to which other towns are entitled 



Power and 
duties. 



1864.— Chapter 97. 61 

and subjected by the constitution and laws of this Common- 
wealth. 

Section 2. The inhabitants and tax-payers of said town Taxes, town, 
of Gosnold shall be held to pay to the collector of the town * ^*" *'°"° ^- 
of Chilmark, all arrearages of taxes legally assessed upon 
them before the first day of January, eighteen hundred and 
sixty-four ; and also their proportion of such state and 
county taxes as may be assessed upon them before the 
taking of the next state valuation, said proportion to be 
ascertained and determined by the last state valuation of 
said town of Chilmark ; and said town of Gosnold shall be Assumption of 
holden to pay its just proportion according to its present property, 
assessed valuation, of the debts due and owing from the 
town of Chilmark at the time of the passage of this act, 
and shall be entitled to receive its just proportion accord- 
ing to said assessed valuation of all the real and personal 
property and assets owned by, or due to said town of 
Chilmark ; and said town of Gosnold shall be held to refund 
to said town of Chilmark its just proportion of the surplus 
revenue when the same shall be called for according to the surplus revenue, 
provisions of law, such proportion to be ascertained by the 
decennial state valuation next preceding such call. 

Section "6. The said towns of Chilmark and Gosnold Maintenance of 
shall be respectively liable for the support and maintenance '''^"p*"' 
of all persons who are now receiving relief fi'oni Chilmark 
as paupers, according to the last decennial valuation of 
property within their respective limits ; and the said towns 
of Chilmaik and Gosnold shall be respectively liable for the 
support of all persons who may hereafter stand in need of 
relief as paupers, whose settlement was gained by or 
derived from a settlement gained or derived within their 
respective limits. 

Section 4. The said town of Gosnold shall remain in Election dis- 
the same congressional, councillor, senatorial and represen- 
tative districts, until a new apportionment of representatives 
in congress, and councillors and senators and representa- 
tives in the general court shall be made. 

Section 5. Any iustice of the peace for Dukes County warrant for 

, . •'■',. , ' ..,.,,.•' election of tovrn 

may issue his warrant directed to any principal inhabitant officers, justice 
of said town of Gosnold, requiring him to notify the inhabi- p™*^^ '""i' *«*"• 
tants thereof, qualified to vote in town affairs to meet at the 
time and place therein appointed, for the purpose of choosing 
all such town officers as towns are by law authorized and 
required to choose at their annual meetings ; and said war- 
rant shall be served by j)osting up one copy thereof, attested 
by the person to whom the same is directed, in some proper 



62 1864.— Chapters 98, ,99. 

place where most of the inhabitants are located, on each of 

the following named islands, to wit : Naushon, Nashawena, 

Penikese, Cuttyhunk and Pasque, fourteen days at least 

^"elTtmen'of bcforc thc timc of holding said meeting. The selectmen of 

chiimark to Chilmark shall, before said meeting, prepare a list of voters 

prepare. ^^^ ^^.^ towti of Gosnold qualified to vote in said meeting, 

and shall deliver the same, or cause the same to be delivered 

to the person presiding at said meeting before the choice of 

moderator thereof. Approved March 17, 1864. 

Chap. 98. -^N Act to ratify certain acts of the governor and council, 

■^' AND TO INCREASE THE UNION FUND. 

Be it enacted, Sfc, asfolloios: 

Acts under au- SECTION 1. All contracts, obligations, expenditures and 

thonty of chap. _ , , i i i i -i 

216, 1861, con- payments made, and acts done, by the governor and council, 

firmed. -^^ ^j^^ exccutiou of the powers conferred by the two hundred 

and sixteenth chapter of the acts of the year eighteen 

hundred and sixty-one, arejiereby approved, ratified and 

confirmed. 

^°5°° ^""d,j^- Section 2. The sum of one hundred thousand dollars is 

creased $100,000.. , , -, ■, -, , , ,. , tt • ^ i i i 

hereby added to the amount of the Union fund, created by 
the fifth section of the said chapter, and by chapter one 
hundred and forty-seven of the acts of the year eighteen 

Issue of scrip, hundred and sixty-two; and further issues of scrip, not 
exceeding that amount, may be made under the provisions 

Appropriation, gf g^id chapter, tlic procccds of which are hereby appropri- 
ated to fund the debts heretofore incurred in the execution 
of the powers aforesaid, beyond tlie amounts realized from 
the scrip originally authorized by the said chapters. 

Sale of scrip, how Section 3. The scrip authorized to be raised by this act 
shall be sold at public auction, in the city of Boston, at such 
times, and upon such previous notice, and in such amounts, 
as the governor and council shall deem expedient. 

i;aws relative to SECTION 4. All provisious of law relative to the said 

increase.*^^^*" Uniou fund, cxccpt SO far as they are inconsistent with this 
act, including the provisions of the two lumdred and ninth 
chapter of the acts of the year eighteen hundred and sixty- 
one, creating a sinking fund, shall in like manner apply to 
the increase thereof hereby directed. 

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

Approved March 17, 1864. 

Chan 99 ■^'^ "^^^ concerning the compensation of the secretary of the 

^' ' BOARD OF education, AND THE AGENT OR AGENTS OF SAID BOARD. 

Be it enacted, Sfc, as follows: 
Salaries. SECTION 1. The sccrctary of the board of education shall 

Secreury. rcccive au aunual salary of twenty-four hundred dollars, in 



1864.— Chapters 100, 101. 63 

full compensation for services and travelling expenses ; and 
the agent or agents of such board shall receive annually a Agent, 
sum not exceeding twenty-four hundred dollars ; if more 
than one agent shall be employed, the said sum shall be in 
full for the compensation of all such agents. 

Section 2. So much of cliapter two hundred and twelve Repeal. 
af the acts of the year one thousand eight hundred and 
sixty-two as is inconsistent with this act is hereby repealed. ' 

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

Approved March 17, 1864. 



Chap. 100 



deceased soldiers. 



An Act to authorize towns to raise money for monuments. 
Be it enacted, ^'c, as follows: 

Towns may, at legal meetings, grant and vote such sums Monuments to 
of money as they judge necessary, for the purpose of erecting 
monuments in memory of their soldiers who have died, or 
may die, in the service of our country in the present war. 

Approved March 17, 1864. 



CA«p.lOl 



An Act in addition to an act to incorporate the dighton 

and somerset railroad company. 
Be it enacted, §'c., as folio tcs: 

Section 1. The Dighton and Somerset Railroad Com- Line of road 
pany is hereby authorized to locate, construct and operate *^'''''"^''*'^- 
its railroad, as follows : beginning at a point on the railroad 
of the Old Colony and Newport Railway Company, in either 
the town of Braintree or the town of Randolph, thence in a 
general southerly direction, through the town of Braintree, 
(if the point of beginning is located therein,) and through 
the towns of Randolph, Stoughton, North Bridgewater, 
Easton, Raynham, Taunton, Dighton and Somerset, to 
Taunton Great River, thence across said river, between said 
Somerset and the city of Fall River, at a point at or near 
Storehouse Point, so called, thence through a part of said 
city of Fall River to the Old Colony and Newport Railroad, 
at some point between the Somerset station and Miller's 
station, on said last-named railroad, crossing such coves, 
inlets and water-courses, as may be necessary. And the corporation may 
Dighton and Somerset Railroad Company is hereby authot- aiuiN-^K. co.for 
ized to enter upon and use the railroad of the Old Colony Mt!"""""^ 
and Newport Railway Company, and the Old Colony and 
Newport Railway Company is also authorized to enter upon 
and use the railroad of the Dighton and Somerset Railroad 
Company. 

Section 2. The bridge by which said Dighton and Somer- ""''Kf 
set Railroad Company shall cross Taunton Great River 
between Somerset and Fall River, shall be constructed with 



aorowi 
niton KlTer, 
coustructioD. 



64 1864.— Chapter 101. 

Regulations for two draws, eacli at least sixty feet wide ; which draws shall 

draws. " ^**° be opened by said railroad corporation, for the passage of 
vessels through the same, both by day and by night ; the 
time for which the same shall be kept open to be determined 
by the commissioner hereinafter provided for ; said draws 
and bridge shall also be provided with suitable and proper 
lights by said corporation, and said bridge shall be built on 
piles for at least fourteen hundred feet of its length. Said 

Wharves. Corporation is hereby authorized to construct suitable wharves 

on both sides of the solid part of said bridge, at its westerly 

Commissioner on end ', and the construction of said bridge, wharves and 

construction to , ini i t • /» -ii 

be appointed by draw, siiall be under the direction oi some suitable person, 

petiuon.""'' "" appointed as commissioner for that purpose by the supreme 

judicial court, sitting in any county, on the petition of said 

Notice of court, railroad company, such notice as the court may order of 

. said petition being first given to the towns of Dighton, 

Freetown, Berkley and Taunton. 

chlnTcoursTo^ SECTION 3. Said Dighton "and Somerset Rdlroad Com- 

Taunton Great pauy is hereby authorized to change and alter the course of 

dimftioTofI Taunton Great River, in Taunton, at a bend in said river, 

wiSi^noticeto ^^ ^^ ^^^^^ Dean Street, so called, for the purpose of avoiding 

Taunton. tlic ucccssity of crossiug the same by one or more bridges at 

or near said bend ; and if said railroad corporation shall 

decide so to change the course of the Taunton Great River, 

such change shall be made under the direction and to the 

satisfaction of a commissioner to be appointed by the supreme 

judicial court, sitting in any county, upon petition of said 

corporation, such notice as shall be ordered by the court 

Award of bciiig first givou to the town of Taunton. And all persons 

who shall suffer any damages in their property by such 

change of the course of said river, or whose land shall be 

taken for the new channel of said river, shall have the same 

remedy to recover such damages, or for the taking their 

land, as is now provided by law for the recovery of damages 

occasioned by the location and construction of railroads. 

May increase SECTION 4. The Capital stock of Said Dighton and Somer- 

capiasoc. ^^^ Raili'oad Company is hereby increased to the sum of 

eight hundred and fifty thousand dollars, divided into shares 

oid'coi'oS'tn'd <^^ 0"® hundred dollars each. And if the Dighton and 

Newport Co. with Somcrsct Railroad Company, and the Old Colony and New- 

mutual rights of ,t>-i /-, , ^- p -t ^ 

use. port Railway Company, at meetings of said two corporations 

called for that purpose, shall severally vote to unite and 
form one corporation, then upon the passage of said votes, 
the said Dighton and Somerset Railroad Company is hereby 
authorized, upon such terms as the said two corporations 
may mutually agree upon, to convey and assign to said Old 



1864.— Chapter 101. 65 

Colony and Newport Railway Company, its franchises and 
property, and all the rights, easements, privileges and powers 
granted to it, and the same shall be held and enjoyed by 
said Old Colony and Newport Railway Company, in as full 
and ample a manner as if they had been first granted directly 
to said last-named corporation : and the Old Colony and 
Newport Railway Company shall, upon such conveyance 
being made to them, have and enjoy all the rights, powers, 
privileges, easements, franchises and property, of the Dighton 
and Somerset Railroad Company, and be subject to all the 
duties, liabilities, obligations and restrictions, imposed upon 
said last-named corporation. And if said union takes place, 
the Old Colony and Newport Railway Company is authorized 
to issue new stock in lieu of the authorized capital stock of 
the Dighton and Somerset Railroad Company, but the whole 
capital of the Old Colony and Newport Railway Company . 
shall not exceed the aggregate authorized capital of the two 
companies. 

Section 5. The said Dighton and Somerset Railroad ^f\^'^^°Bg^fo?d 
Company shall have the riglit, and it is hereby granted to and Taunton 
it, to cross the track of the New Bedford and Taunton Rail- peLation toTe 
road Corporation, at the expense of said first-named corpo- ^greeaupon. 
ration, and in such manner as the two corporations may 
agree upon ; and if said corporations cannot agree upon the Proceedings in 

» ^. \ . , . , K , 11 1 1 ii case of disagree- 

manner in which said crossing shall be made, tiien a com- ment. 
missioner, appointed by the supreme judicial court, sitting 
in any county, on the petition of either of said corporations, 
notice thereof being given to the other, shall have full power 
to determine the manner of such crossing, and whether the 
same shall be made at grade, or over or under, or whether 
there shall be any change of grade, and if so, how much, of 
either road ; and the crossing shall be made in the manner 
determined and prescribed by said commissioner, and entirely 
at the expense of the Dighton and Somerset Railroad 
Company. 

Section 6. Unless the railroad above authorized is i^ocatinn and 

I I'l- 1 iii'ii-i construction, 

located within one year, and constructed witliin two years limitation. 
from the passage hereof, this act shall be void and of no 
effect. 

Section 7. At any time after the location of said rail- Taunton Bmnoh 
road, and within two years alter the construction oi the struct road upon 
same, the Taunton Branch Railroad Corporation may locate, a",a''s*"co.^o[*' 
construct and operate a railroad from some convenient point "'-t^ n'"b *aud 
on the line of said Taunton Branch Railroad, at or near its t. road^ 
terminus in Taunton, to some point in Taunton, on the 
Dighton and Somerset Railroad ; or may make such con- 



Dighton and 
Somerset road. 



capital. 



66 1864.— Chapter 102. 

nection over a portion of the New Bedford and Taunton 
Railroad, with the consent of the New Bedford and Taunton 
ProTiso. Raih-oad Corporation, provided such connection shall be 

made on the west side of the Dighton and Somerset Rail- 
May unite with road ; and said Taunton Branch Raili'oad Corporation may 
'^' ' enter with its said road upon, and unite with and use said 
Dighton and Somerset Railroad, in the manner and with all 
the rights and privileges, and subject to the provisions of 
the general laws which are or may be in force relating to 
May increase conuecting rallroads. For the above purposes the Taunton 
Branch Railroad Corporation may increase its capital stock 
by an amount not exceeding one hundred thousand dollars. 
New Bedford and SECTION 8. Thc Ncw Bedford and Taunton Railroad 
D^ghton°'an'd ^ Corporatiou may connect its road by a curve, with the 
maTconnect!^' Diglitoii and Somcrsct Railroad, at a point in Taunton near 
the crossing of said railroads^ and may enter upon and use 
the same, subject to the provisions of the general laws which 
are or may be in force relating to connecting railroads. 
Expenses of com- SECTION 9. Thc exDcnses of tlic commissiouers provided 

missioners. n • -\ ^ • i Anns • t^ ^ • ini 

lor in the second, third and nith sections ol this act shall be 
paid by the Dighton and Somerset Railroad Company. 
Section 10. This act shall take effect upon its passage. 

Approved March 17, 1864. 

Chap. 102 -^^ ^^'^ CONCERNING THE WORCESTER HORSE RAILROAD COMPANY. 

Be it enacted, ^c, as follows: 
Extension of SECTION 1. The Worccstcr Horse Railroad Company is 

track authorized, j^g^.g^jy authorizcd to cxtcnd its railroad tracks upon and 
over such streets and such highways, in the city of Worces- 
ter, as shall from time to time be designated, by a vote of 
the mayor and aldermen of said city, and assented to in 
writing by said corporation. 
<May inoiKase SECTION 2. For the purposc of increasing the equipment 

^puaLfor equip, ^f •j.g ^.^^^^ ^^^^ adding to tlic investment in real estate 
necessary for carrying on its business, said corporation may 
increase its capital stock by an amount not exceeding 
May increagfi for twenty-fivc thousaud dollars ; and for the purpose of extend- 
extension. -^^g j^^ railroad tracks, may increase said capital by adding 

thereto an amount corresponding to the cost of such exten- 
sion or extensions, not exceeding the rate of twenty thousand 
dollars per mile, for single track, including paving nine feet 
.Proviso. wide : provided, that the aggregate increase of capital stock 

hereby authorized shall be limited to seventy-five thousand 
-dollars. 

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

Approved March 17, 1864. 
i 



1864.— Chapters 103, 104. 67 

Ax Act to authokize towns and cities to raise money for Chap. 103 

RECRUITING PURPOSES. 

Be it enacted, §'c., as follows : 

Section 1. Any town or city may raise money, by tax- ^^1^^^°/^"^ 
atioii or otherwise, and apply the same, under the direction 
of its selectmen, or mayor and aldermen, or city council, in 
aid of and for the purpose of procuring its proportion of the 
quota of volunteers in the military service, called for from 
the Commonwealth under the orders of the president of the 
United States, dated October seventeenth, eighteen hundred 
and sixty-three, and February first, eighteen hundred and 
sixty-four: provided^ that the amount of money so raised P'^°^«°- 
and applied shall not exceed the sum of one hundred and 
twenty-five dollars for each volunteer enlisted in said service, 
after the passage of this act, as a part of the quota of said 
town or city, under said orders of the president. 

Section 2. Any town or city may raise money, as afore- ^rf^°a"oney 
said, and apply the same, under the direction of its selectmen, already paid or 

' 111 •, -1 • • 1 contributed. 

or mayor and aldermen, or city council, in paying and 
refunding money which has already been paid and applied 
by said city or town, or contributed by individuals, in aid of 
and for the purpose of procuring its proportion of the quota 
of volunteers in the military service, called for from the 
Commonwealth, under the orders of the president of the 
United States, dated October seventeenth, eighteen hundred 
and sixty-three, and February first, eighteen hundred and 
sixty-four : provided, that the amount of money so raised Proviso. 
and applied shall not exceed the sum of one hundred and 
twenty-five dollars for each volunteer already enlisted in 
said service, as a part of the quota of said town or city, 
under said orders of the president. But all sums raised sums raised, 
under this act shall be assessed at the next annual assess- 
ment ; and if any city or town shall neglect to cause such Penalty, 
assessment to be made, such city or town shall pay a fine 
to the Commonwealth of one-tenth of one per cent, of its 
valuation. 

Section 3. No town or city shall ever receive any commonwealth 
reimbursement from the Commonwealth for any moneys burse, 
raised under this act. 

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

Approved March 18, 1864. 
Ax Act for supplying the city of Worcester with pure QJid-p^ 104 

« WATER. "' 

Be it enacted, §c., as follows: 

Section 1. The city of Worcester is hereby authorized citymaypur- 

11111 1 1 1111 chase tji»t or 

to acquire and liold by purchase, or to takg and hold, Ljuae Brook. 



68 1864.— Chapter 104. 

and convey to, into and through said city, the waters of 
East or Lynde Brook, in the town of Leicester, and any 
water that may flow into the same, and to acquire and hold 
May hold lands hy purchasc, or to take and hold any lands or estates neces- 
and estates. ^^^^ ^^^, ^j^^ laying out and maintaining an aqueduct for 
conducting the waters from said brook to said city, or for 
forming reservoirs, and may take and hold land around the 
margin of any water sources or reservoirs they may possess 
or create in the valley of said brook or elsewhere, for the 
purpose of supplying said city with pure water. 
May take waters SECTION 2. If at any timc the supply of water from said. 
andK°ettreBro°ok! East or Lyiide Brook shall be insufficient for the wants of 
said city, the said city may take and conduct the water of 
Henshaw Pond in said Leicester and the waters tliat may 
flow into and from the same, or the waters of Kettle Brook, 
so called, in said Leicester, by suitable works, into the aque- 
duct first constructed from said East or Lynde Brook, or 
into any reservoir connected therewith. 
May build aque- SECTION 3. The Said city may make and build a perma- 
lams, re"eryo?rs' ncut aqucduct from clthcr of the aforesaid water sources, to, 
KSs'*""^ into and through the said city, and secure and maintain the 
same by any works suitable therefor; may erect and main- 
tain a dam or dams across the valley of said brooks, or at 
the outlet of said pond, to raise and retain the waters therein ; 
and may erect and maintain reservoirs, enlarge and alter 
water courses, make and maintain public hydrants, in such 
places as may be deemed proper ; may distribute the water, 
through the city, and for that purpose may lay down pipes 
through and across any street, road or highway, or over and 
across lands to any buildings in said city or in said town of 
May regulate Leiccster ; may regulate the use of the water, and establish 
Ts'lLbVsh^ruie?'^ and fix rents or rates for the consumption and use thereof, 
for use. j^j^^i j^j^y make and ordain all necessary rules, regulations 

and ordinances, to prevent the waste, misuse and wrongful 
May conduct taking of Said water: and said city may, for the purposes 
th^o^ughwgh- aforesaid, carry and conduct said aqueduct over, under, 
ways. across or along any street, highway or other way, in such 

manner as not to obstruct travel thereon, and may enter 
upon and dig up any such road, street or highway, for the 
purpose of laying down pipes beneath the surface of the same, 
and for the repairing thereof. 
Rights and Section 4. The rights, powers and authority given by 

this act, shall be exercised by the city of Worcester, subject 
to the restrictions, duties and liabilities herein contained, in 
such manner, and by such officers, servants and agents, as 
the city council shall from time to time ordain, appoint and 
direct. 



powers granted, 
.how exercised 



1864.— Chapter 104. 69 

Section 5. For the purpose of defrayinf^ the cost of such city may borrow 

•, , -1 111 1 1 1 1 nioney for cost of 

land, water and water rights, so purchased, taken and held construction. 
as aforesaid, and of constructing and maintaining said aque- 
duct, reservoirs and works necessary for the accomplishment 
of the end contemplated by this act, and all expenses incident 
thereto, the city council shall have authority to borrow from 
time to time, such sums of money, and to issue bonds, notes May issue scrip, 

, . ii- 1 1/. 1 p ^"^ ^®" ""^ pledge 

or certificates therefor, to be denominated on the face thereoi same. 
" Worcester water scrip," to an amount not exceeding two 
hundred thousand dollars, bearing interest at a rate not 
exceeding six per cent., payable semi-annually, and the 
principal to be made payable at periods not more than twenty 
years from the issuing of said scrip ; and the city council 
may sell the whole or any part of said scrip, from time to 
time, or pledge the same for money borrowed for the purposes 
of this act, on such terms and conditions as it may deem 
proper; and the said city council is hereby further autliorized forpfym^'t^oT^ 
to grant appropriations, and assess, from time to time such principal and 
sums of money, not exceeding in any one year the sum of "" ""** ' 
ten thousand dollars, towards paying the principal of the 
moneys so borrowed, besides a sum sufficient to pay the 
interest thereof, in the same manner as moneys are appro- 
priated and assessed for other city purposes. 

Section 6. To enable the city council to pay the interest watw rates, how 
as it may accrue upon the said scrip, and ultimately the 
principal thereof, and for the support and maintenance of 
said aqueduct, it shall be lawful for the said city council to 
fix and establish the price or rate which shall be paid for the 
use of any part of said water by any taker thereof, and the 
same to alter from time to time as may be deemed expedient. 

Section. 7. If any person shall wantonly or maliciously Penalty for 
divert the waters or any part thereof, from any of the ponds, OT"co''r°upti'oTo" 
brooks, reservoirs or water sources which shall be purchased il'^ury'to'dims, 
or taken by the city pursuant to the provisions of this act, aqueduct, &c. 
or shall corrupt the same, or destroy or injure any dam, aque- 
duct, conduit, pipe, hydrant or other property, held and 
used by the city, by authority and for the purposes of this act, 
every such person or persons shall forfeit and pay to the said 
city of Worcester three times the amount of the damages 
that shall be sustained thereby, to be recovered in any proper 
action ; and upon indictment and conviction for either of 
said acts, shall be punished by a fine not exceeding one 
thousand dollars, and by imprisonment in the house of 
correction in the county of AVorcester not exceeding one 
year. 



70 



1864.--CHAPTERS 105, 106. 



Damages 
sustained by 
individuals or 
corporations, 
how paid. 



Section 8. All damages that may be sustained by reason 
of the taking by said city of any land or of the brooks or 
ponds aforementioned, or of the water thereof, or the water- 
rights connected tlierewith, or of diverting any portion of 
said water from its natural channel into other channels, 
or of erecting and maintaining any dam or reservoir, or 
digging up any land, street, road or highway, and entering 
upon the same for laying, repairing and maintaining pipes, 
conduits, hydrants and other apparatus necessary thereto, 
shall be paid by the said city of Worcester to the individual 
or corporation injured, which damages shall be assessed in 
the manner provided in the general laws in regard to high- 
ways. 

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

Approved March 18, 1864. 



Chap. 105 Ax Act to 



Corporators. 



Name. 
Purpose. 



Powers and 
duties. 



Capital stock. 



INCORPORATE THE PROPRIETORS OF THE LYCEUM HALL 
AND CHAPEL IN MARLBOROUGH. 

Be it enacted, Sfc, as follows : 

Section 1. Erastus P. Dart, Abel Howe, George H. 
Morse, their associates and successors are hereby made a 
corporation, by the name of the Proprietors of the Lyceum 
Hall and Chapel Building, for the purpose of erecting a 
building or buildings in Marlborough, and maintaining the 
same for the accommodation and purposes of .a church, 
lyceum hall, lectures, or any other lawful purpose ; with all 
the powers and privileges and subject to all the duties, 
restrictions and liabilities, set forth in the general laws 
which are or may be in force, so far as applicable to said 
corporation. 

Section 2. Said corporation shall have a capital stock of 
twelve thousand dollars, divided into shares of one hundred 
dollars each ; with liberty to pay in and increase the same 
to an amount not exceeding thirty thousand dollars, and 
Estate. may hold for the purposes aforesaid, re:al and personal 

estate not exceeding the amount of the capital stock. 

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

Approved March 21, 1864. 

Chat) 106 -^ -^^^ ^^ AUTHORIZE LUTHER ELDRIDGE AND PHILIP STETSON TO 
■^' EXTEND THEIR WHARF IN CHATHAM, 

Be it enacted, §'c., as follows. • 

Section 1. Luther Eldridge and Philip Stetson, owners of 
a wharf in the town of Chatham, at a place called Harding's 
Beach, are hereby authorized to extend said wharf twenty-five 
feet beyond low-water mark, and to lay vessels at said wharf 



Authority 
granted. 



1864.— Chapters 107, 108. 71 

and receive wharfage and dockage therefor: provided, that Proviso, 
this grant shall not impair the legal rights of any person. 
Section 2. This act shall take effect upon its passage. 

Approved March 21, 1864. 

An Act to extend the time for the location and construc- CJiap. 107 

TION OF THE SPRINGFIELD AND FARMINGTON VALLEY RAILROAD. ■* * 

Be it enacted^ iS'c, as follows : 

The time for the location and construction of the Spring- '^^^^^^^'^^ ^^^^^ 
field and Farmington Valley Railroad is hereby extended ^'"'"' 
three years from the time designated in the twenty-ninth 
chapter of the acts of the year eighteen hundred and sixty- 
one. Approved March 22, 1864. 

An Act to incorporate the north adams water company. Chap. 108 
Be it enacted, Sfc, as follows : 

Section 1. Sylvander Johnson, John B. Tyler, Amasa corporators. 
W. Richardson, their associates and successors, are hereby 
made a corporation, by the name of the North Adams Name. 
Water Company, for the purpose of supplying the inhabit- Purpose, 
ants of the village of North Adams, in the town of Adams, 
with pure water; with all the powers and privileges, and Po^r^rs and 
subject to all the duties, restrictions and liabilities set forth 
in the general laws which are or may be in force so far as 
the same are applicable to this corporation. 

Section 2. Said corporation may for the purposes afore- Estate. 
said hold real and personal estate not exceeding in amount 
fifty thousand dollars ; and the whole capital stock shall not capuai stock. 
exceed sixty tliousand dollars, to be divided into shares of 
one hundred dollars each. 

Section 3. Said corporation may take, hold and convey May hoid 
to, into and through the village of North Adams, the water anT^anari'n 
of any spring or springs, or of any natural pond or ponds, ^'^'"^^■ 
brook or brooks, within said town of Adams, north of the 
old military line in said town, or in the town of Clarksburg, 
and may take and hold real estate, necessary for laying and 
maintaining aqueducts and reservoirs, and may take and 
hold land upon and around the margin of any such spring, 
pond or brook, to an extent not exceeding one acre to each 
spring, pond, or brook so taken. Said company shall, within ^on ofiandri'Jd 
sixty days from the time of taking any lands, springs, ponds waters taken. 
or brooks, as before provided, file in the office of the registry 
of deeds in the nortiiern district of the county of Berkshire, 
a description of the lands, springs, ponds or brooks so taken, 
as certain as is required in a conveyance of land, and a 
statement of tlie purj)ose for which the same is taken, signed 
by the president of said company. 



72 



1864.— Chapter 109. 



Company may 
build reservoirs, 
aqueducts, &c. 



May dig up high- 
ways aud lay 
pipes. 



Damages, how 
recovered. 



Penalty for 
malicious diver- 
sion or corrup- 
tion of waters, 
and injury to 
works. 



Section 4. The said company may make aqueducts, from 
any sources before mentioned, through any part of the village 
of North Adams, or the town of Clarksburg, and may main- 
tain the same by suitable works, may make reservoirs and 
hydrants, and may distribute the water throughout said 
village, by laying down pipes, and may establish the rent 
therefor ; and for the purposes aforesaid may enter upon 
and dig up any road, under the direction of the selectmen 
of the town of Adams, or of the town of Clarksburg, as the 
dlise may be, in such manner as to cause the least hindrance 
to the travel thereon. 

Section 5. All damages sustained by taking land, water 
or water rights, or by making aqueducts, reservoirs or other 
works, shall be ascertained, determined and recovered, in 
the manner provided by law in case of land taken for 
highways. 

Section 6. Any person who shall maliciously divert the 
water, or any part thereof, of the sources which shall be 
taken by the said company pursuant to the provisions of this 
act, or who shall maliciously corrupt the same or render it 
impure, or who shall maliciously destroy or injure any dam 
or reservoir, aqueduct-pipe or hydrant or other property, 
held, owned or used by the said company for the purposes 
of this act, shall pay three times the amount of actual dam- 
age to the said company, to be recovered by any proper 
action ; and every such person on conviction of either of the 
malicious acts aforesaid, shall be punished by fine not 
exceeding one hundred dollars, and imprisonment not 
exceeding six months. 

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

Approved March 22, 1864. 



Chap. 109 -^^ ^^"^ CONCERNING THE FIRE DEPARTMENT OF THE CITY OF LYNN. 

Be it enacted, Sfc, as follows : 

Fire Department Section 1. The city couucil of thc City of Lynu may 
establish a fire department for said city, to consist of as 
many engineers, officers, engine-men and members, as the 
city council, by ordinance, shall from time to time prescribe. 
Section 2. The city council shall have authority to make 
such provisions in regard to the time and mode of appoint- 
ment, and the occasion and manner of the removal of either 
officers or members ; to make such requisitions in respect to 
their qualifications and period of service ; to define their 
office and duty ; to fix and provide for the payment of their 
compensation ; and generally, to make such regulations in 
regard to their conduct and government and to the manage- 



City council to 
direct organiza- 
tion. 



1864.— Chapters 110, HI. 73 

ment and conduct of fires and persons attending at fires, 
subject to penalties, to be prescribed by ordinance, as they 
shall deem expedient: provided, said ordinances be not Provisos, 
repugnant to the laws of the Commonwealth ; and provided, 
also, that the appointment of engine-men, hose-men, hook 
and ladder men, shall be made by the mayor and aldermen. 

Section 3. The powers and duties conferred and imposed General powers of 

, , . , r^ . 1 . /v' 1 1 • •! • council discre- 

by this act may be carried into eiiect by the city council in tionary. 
any manner they may prescribe and through the agency of 
any person or board to whom they may delegate the same. 

Section 4. The act entitled " An Act to establish a fire Repeal, 
department in the town of Lynn," passed on the twenty-third 
day of April, in the year eighteen hundred and thirty-six, 
and all other acts and parts of acts in addition thereto, are 
hereby repealed. 

Section 5. This act shall take effect upon its passage ; A'^J.^^'^^®'' *° *•* 
but it shall not operate upon existing laws and ordinances, 
relating to the fire department of the city of Lynn, until it 
shall have been adopted by the city council thereof, and 
until said council shall have passed an ordinance establishing 
a fire department for said city under the authority of this 
act. Approved March 22, 1864. 

Ax Act relating to police officers and watchmen. Chap. 110 

Be it enacted, §'c., as follows: 

Section 1. Police officers and officers and members of """^ *'^°'''*^- 
the watch, in any city or town, when on duty, may carry 
such weapons as the mayor and aldermen of such city, or 
the selectmen of such town, shall authorize. 

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

Approved March 26, 1864. 

An Act in relation to the hearing of questions of law. Chap. Ill 

Be it enacted, §-c., as follows : 

Section 1. Whenever any question of law is reserved, copies and papers 

.,,.,, . ■,. . r ^ . 'in reserved ques- 

either in the supreme judicial court, or superior court, upon tions made mat- 
report, appeal, by bill of exception, reserved case or other- s^j^courr"* '" 
wise, copies and papers relating thereto, shall be transmitted 
to, and entered in, the law docket of the supreme judicial 
court for the proper county, as soon as may be after such 
question of law is reserved and duly made matter of record 
in the court where the action is pending: provided, that no rroviso. 
party shall be compelled to bo ready for the argument of 
such question within ten days after the same has been so 
reserved. 

10 



7t 



1864.— Chapter 112. 



Act, how 
strued. 



.Repeal. 



Section 2. Nothing herein contained shall be so construed 
as to require the transfer of the case, but only the question 
to be determined, to the supreme judicial court. 

Section 8. So much of the twelfth section of the one 
hundred and fifteenth chapter of the General Statutes as is 
inconsistent herewith is hereby repealed. 

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

Approved March 26, 1864. 



Chap. 112 



Appropriations 
authorized. 



State normal 
schools. 



Mass. Teachers' 
Association. 



American Insti- 
tute of Instruc- 
tion. 



Board of Educa- 
tion, postage, 
printing, etc. 



Teachers' Insti- 
tutes. 



State scholar- 
ships. 



Board of educa- 
tion, agents. 



An Act making appropriations from the moiety op the income 

of the school fund applicable to educational purposes. 
Be it enacted, Sfc, as follows : 

Section 1. The sums hereinafter mentioned in this 
section, are appropriated to be 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-four. 

For the support of the four state normal schools for the 
current year, under the direction of the board of education, 
the sum of eighteen 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 
Commonwealth, during the year one thousand eight hundred 
and sixty-four, and furnish satisfactory evidence thereof to 
the auditor. 

For the American Institute of Instruction, the sum of 
three hundred dollars, to be paid to the president or treas- 
urer of said institute in the month of August next. 

For postage, printing, advertising, stationery, meteorolo- 
gical observations, and transportation of documents for the 
board of education, or for the secretary thereof, and also for 
any contingent expenses of the normal schools, not other- 
wise provided for, a sum not exceeding seven thousand 
dollars. 

For teachers' institutes, the sum of twenty-eight hundred 
dollars. 

For the support of state scholarships, the sum of forty- 
eight hundred dollars. 

For aid to pupils in the state normal schools, a sum not 
exceeding six thousand dollars, which shall be in full for 
eighteen months from the first day of January, eighteen 
hundred and sixty-four. 

For tlie support of one or more agents of the board of 
education, the sum of twenty-two hundred dollars. 



1864.— Chapters 113, 114. 75 

For the expenses of the members of the board of educa- Expenses. 
tion, aud the treasurer thereof, a sum not exceeding two 
hundred dollars. 

For tiie support of certain Indian schools, the sum of 1"^'*° schools. 
four hundred and five dollars. 

For county associations of teachers, the sum of three Teachers' county 

1 J T 1 ,, associations. 

hundred dollars. 

For providing new chairs and desks at the Bridgewater Bndgewater 
normal school, and painting the building and fence around {^Tr'^irure^'Ttc!' 
it, the sum of ten hundred dollars. 

For providing new chairs and desks at the Westfield we.steeid normal 
normal school, and for chemical and philosophical apparatus, desks and'appa- 
and cabinets for minerals, for the use of said school, the sum '''*'"^" 
of twelve hundred dollars. 

For providing cabinets for minerals at the Salem normal saiem normal 
school, and for the building of a fence about the house, the «*<'°i. -^inets. 
sum of four hundred and fifty dollars. 

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

Approved March 26, 1864. 



An Act to authorize the election op vice-presidents of 
insurance companies. 



C%;. 113 

Be it enacted^ §-c., as follows : 

Section 1. Any insurance company incorporated in this Annual elections 
Commonwealth may, by its by-laws, provide for tiie election ^''°''' ^ 
annually of a vice-president, who shall be sworn to the 
faithful performance of his duties before entering upon the 
disciiarge thereof. 

Section 2. Policies, checks, and other instruments. Powers and 
signed by the vice-president, shall have the same force and pLuieut.^"^ 
effect as if signed l)y the president or two directors, and the 
vice-president shall perform such other duties as may be 
prescribed by the by-laws or directors. 

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

Approved March 26, 1864. 

An Act in relation to the agents of foreign insurance com- nh^^ 1 1 A. 
PANiEs. o«a/y. 11* 

Be it enacted, ^c, as follows : 

Section 1. Any person who solicits insurance on behalf Agents, who heid 
of any insurance company not chartered by and not estab- ^°^^' 
lished within this Commonwealth, or who transmits for any 
person other than himself an application for insurance, or a 
policy of insurance to or from such company, or who adver- 
tises that he will receive or transmit the same, shall be held 
to be an agent of sucii company, to all intents and j)urposes, 
and subject to all the duties, i-cquisitions, liabilities and Liabilities. 



Chap. 115 



76 1864.— Chapters 115, 116. 

penalties set forth in the laws of this Commonwealth relating 
to foreign insurance companies. 
Liability of agent SECTION 2. The ogcnt of anj foreign insurance company 
Ippoinf general which shall uot comply with the laws of this Commonwealth 
'^''"*^" as to the appointment of a general agent, the filing of said 

appointment, and the continuance of such agency, shall be 
personally liable on all contracts of insurance made by or 
through him, directly or indirectly, for and in behalf of any 
such company. 
Liability of agent SECTION 3. Thc agent of any foreign insurance company 
taxe"':^'^''''"^''^ which neglects to pay the taxes imposed on such company 
by the laws of this Commonwealth, shall be personally 
liable therefor, and the same may be recovered of him in an 
action of tort in the name of the Commonwealth. 

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

Approved March 26, 1864. 

An Act to incorporate the mariner's exchange. 

Be it enacted, §'c., as follows : 

Corporators. SECTION 1. Phiiieas Stowc, Isaac Woodbury, Henry 0. 

Gannett, Clement A. Wilson, their associates and succes- 
sors, are hereby made a corporation by the name of the 
Name. Mariucr's Exchange in the city of Boston, for the purpose 

Purpose. of promoting the physical well-being, and the moral and 

Powers and intellectual improvement of seamen ; with all the powers 
and privileges and subject to all the duties, liabilities and 
restrictions set forth in the general laws which are or may 
be in force, so far as applicable. 
Estate. Section 2. The said corporation may take and hold real 

estate not exceeding twenty-five thousand dollars and 
personal property not exceeding ten thousand dollars for 
the purposes aforesaid. 

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

Approved March 26, 1864. 

Chap. 116 -^^ ^^'^ '^^ authorize sylvanus n. staples and another to 

"' BUILD A WHARF IN TAUNTON. 

Be it enacted, ^-c, as follows : 
t^^ntJ^^^ Sylvanus N. Staples and William H. Phillips, proprietors 

of land and flats situated in that part of Taunton known as 
Weir Village, and adjoining Taunton Great River, on the 
easterly side thereof, are hereby authorized to build and 
maintain a wharf, adjacent to their said land and flats, and 
extending into said river to a straight line drawn from the 
north-westerly corner of the wharf of Joseph W. Briggs, up 
the river three hundred and seven feet, to a point at low- 
water mark, adjoining land of Allen Presbrey ; with a right 



granted. 



1864.— Chapters 117, 118, 119. 77 

to lay vessels, not more than one deep, along the front 
of said wharf, and to receive wharfage and dockage there- 
for: provided, hoivcver, that this grant shall in no wise Provisos, 
impair the legal rights of any person ; and provided, also, 
and this grant is upon condition, that tlie said Staples and 
Phillips shall, before completing said wharf, so widen and 
excavate the channel in front of the same, that said channel 
shall be at least thirty feet wide outside of any vessel lying 
along the front of said wharf, and of a depth equal to 
the depth of water in the channel where the same passes 
under Weir Bridge. Approved March 26, 1864. 

An Act to provide for a draw in the bridge of the grand Chap. 117 

JUNCTION railroad, SO CALLED, OVER CHELSEA CREEK. 

Be it enacted, Sfc, as follows : 

Chapter two hundred and twelve of the acts of the Aetofi846and 

•1 111 1/. . .11 ii ^'^^^ 1° addition 

year eighteen hundred and forty-six, entitled " An Act to thereto amended. 

incorporate the Chelsea Branch Railroad Company," and 

the several acts in addition thereto, and concerning said 

company, are hereby so amended, that said company, its 

successors and assigns, shall construct and maintain a good 

and sufficient draw of not less than forty feet in width in 

their railroad bridge across Chelsea Creek between East 

Boston and Chelsea, in place of their present draw in said 

bridge. Said draw shall be completed within four months Draw, when to be 

after the passage of this apt, and the provisions of all general '^""'p'*'*'^- 

laws, which are or may be in force relating to drawbridges 

in railroads, shall apply to the same. 

Approved March 26, 1864. 

An Act to confirm the doings of the salem savings bank. Chcip. \1S 

Be it enacted, Sj-c., as follows: 

Section 1. The elections of members, trustees and fp*f^f"gr'tahi 
officers of the Salem Savings Bank, and the doings of the persons con- 
persons heretofore and tit present acting as trustees and ^™^'*' 
officers, are hereby confirmed and made valid, to the same 
extent as they would have been if the elections had been 
held by ballot, as required by its act of incorporation ; and 
the acts of the trustees of said bank are hereby made valid, 
to the same extent that they would have been, had said 
trustees been sworn. 

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

Approved March 26, 1864. 
An Act to set off a part of the town of stoughton, and Chap. 119 

annex the same to the town of SHARON. ^ 

Be it enacted, Sfc, as follows : 

Section 1. So much of the town of Stoughton as lies on Territory set oir. 
the westerly side of the centre of the highway leading from 



78 



1864.— Chapters 120. 



Apportionment 
of taxes. 



Apportionment 
of debt. 



Boston to Taunton, known as the " old Bay road," is liei'eby 
set off, with all the inhabitants and estates thereon, fi'oni 
said town of Stoughton, and annexed to the town of Sliaron. 

Section 2. The inhabitants and estates so set off shall be 
held to pay all taxes that have been legally assessed on them 
by the town of Stoughton, in the same manner as if this act 
had not been passed; and until the next decennial valuation 
of estates in this Commonwealth, the town of Sharon shall 
annually pay over to the town of Stoughton the proportion 
of any state or county tax which the said town of Stoughton 
may have to pay upon the inhabitants and estates so set off. 

Section 3. The town of Sharon shall be held to pay to 
the town of Stoughton a just pi'oportion of the debt of said 
town of Stoughton, owing on the first day of January, in the 
year eighteen hundi-ed and sixty-three, amounting to the 
sum of thirty-one thousand eight hundred and ninety-one 
dollars and thirty-three cents, which the inhabitants and 
estates so set off to the town of Sharon would have been held 
to pay if this act had not passed ; such proportion to be 
ascertained and determined by the assessed valuation, for the 
year eighteen hundred and sixty-three, of the polls and 
estates so set off. 
Election district. SECTION 4. Thc inhabitants so set off from the town of 
Stoughton shall, for the purpose of electing national and 
state officers, senators and representatives in the general 
court, until another apportionme'nt of the same shall be 
made, remain as before the passage of this act ; and shall 
vote in the election of said officers with the inhabitants of 
the town of Stoughton. 

Section 5. The town of Sharon shall relieve and support 
such paupers as may have gained legal settlements in the 
town of Stoughton while living in that part of Stoughton by 
this act set off to Sharon. Approved March 26, 186i. 



Support of 
paupers. 



Chap, 120 



Autliority 
granted in future 
calls for volun- 
teers. 



An Act in addition to an act to authorize towns and cities 

to raise money for recruiting purposes. 
Be it enacted, §'c., as follows : 

Section 1. Any town or city may raise money, by taxa- 
tion or otherwise, and apply the same, under the direction 
of its selectmen, or mayor and aldermen, or city council, in 
aid of, and for the purpose of procuring its proportion of the 
quota of volunteers in the military service, called for from 
the Commonwealth under any order or call of the president 
of the United States issued after the first day of March, 
eighteen hundred and sixty-four, and before the first day of 
Marcii, eighteen hundred and sixty-five: provided, that the 
amount of money so raised and applied shall not exceed the 



1864.— Chapters 121, 122. 79 

sum of one hundred and twenty-five dollars for each volun- 
teer enlisted in said service, as a part of the quota of said 
town or city, under the orders of the president, issued during 
said period. 

Section 2. No town or city shall ever receive any reim- commonwealth 
bursement from tlie Commonwealth for any moneys raised 
under this act. 

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

Approved March 28, 1864. 
Ax Act in relation to the burden of proof in certain Chap. 121 

CRIMINAL CASES. -* ' 

Be ii enacted, §'c., as follows. • 

Section 1. In all criminal prosecutions in which the ^^^^^^^ rfsS^- 
defendant relies for his justification upon any license, tive against 
appointment or' authority, he shall prove the same; and *^^^'*°'^°'' 
until such proof, the presumption shall be that he is not so 
authorized. 

Section 2. The tenth section of chapter one hundred Repeal. 
and seventy-two of the General Statutes is hereby repealed. 

Approved March 28, 1864. 

An Act in relation to the sale and inspection of milk. Chav 122 
Be it enacted, §t., as follows: . ^ 

Section 1. The mayor and aldermen of cities shall, and cjtiM and^to'™" 
the selectmen of towns may, annually appoint one or more inspe'lftoM. 
persons to be inspectors of milk, for their respective places, 
who shall, before entering upon the duties of their offices, 
be sworn. Each inspector shall give notice of his appoint- PubUc notice to 
ment by publishing the same two weeks in a newspaper *'®™*'^^- 
published in his city or town, or if no newspaper is published 
therein, by posting up such notice in two or more public 
places in such city or town. 

Section 2. The inspectors shall keep au office and books inspectors shaii 
for the purpose of recording the names and places of business Srs.°^*^ °^ 
of all persons engaged in the sale of milk within their limits. 
They may enter any place where milk is stored or kept for Anaiyzation, in 
sale, and all carriages used in the conveyance of milk ; and aduit°erat"ionT,re'^- 
wlienever they have reason to believe any milk found ''"''""^" 
therein is adulterated, they shall take specimens thereof and 
cause the same to be analyzed, or otherwise satisfactorily 
tested, the result of which tliey shall record and preserve as 
evidence ; and a certificate of such result, sworn to by the 
analyzer, shall be admissible in evidence in all prosecutions 
under this act. The inspectors shall receive such compcn- compensation of 
sation as the mayor and aldermen or selectmen shall '"'P'^^™- 
determine. 



80 



1864.— Chapter 123. 



milk, penalties. 



8eaifd*and° ^^ SECTION 3. All measurcs, caiis OF Other vessels used in 

marked. the Sale, OF buyiiig at wholesale, of milk, shall be annually 

sealed by the sealer of weights and measures, by wine 

measure ; and all cans so used shall be marked by the 

sealer with figures showing the quantity which they hold. 

nlgiec't^^JTegis- SECTION 4. "Wlioever neglects to cause his name and 

ter business or placc of busiucss to be Tccordcd in the inspectors' books, 

sealed measures, and liis name legibly placed upon all carriages used by him 

in the conveyance of milk, before engaging in the sale 

thereof, and whoever sells, or buys at wholesale, milk by 

any other measures, cans or vessels tlian those sealed as 

before provided, shall forfeit twenty dollars for the first 

offence, and for a second and each subsequent offence fifty 

And whoever offers for sale milk produced from 

lery fed cows or cows fed upou tlic rcfusc of distillerics, or any substance 

of adulterated ., . ^ , ,. ., ,,, ', •', ., 

deleterious to the quality of the milk, or whoever knowingly 
offers for sale milk produced from sick or diseased cows, shall 
forfeit twenty-five dollars for the first, and fifty dollars for 
every subsequent offence. Whoever sells, or keeps, or offers 
for sale, adulterated milk, or milk to which water or any 
foreign substance has been added, shall for the first offence 
be punished by a fine of twenty dollars, and for a second 
offence by a fine of fifty dollars ; and [for any subsequent 
violation he sliall be imprisoned in the house of correction 
not less than thirty nor more than ninety days ; and whoever, 
in the employment of another, knowingly violates any 
provision of this section, shall be held equally guilty with 
the principal, and suffer the same penalty. 

Section 5. It shall be the duty of the inspector to cause 
the 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. 

Section 6. All acts and parts of acts inconsistent here- 
with, are hereby repealed. Approved March 30, 1864. 



Publication of 
convictions for 
violation. 



Repeal. 



Chap. 123 



Acts of city 
respecting cer- 
tain highways 
confirmed. 



An Act concerning thk city of charlestown. 
Be it enacted, §"c., as follows : 

The action of the city of Charlestown on the twenty-ninth 
day of June in the year eighteen hundred and sixty-three, 
in the laying out and extension of Richmond Street, and the 
widening of Chapman Street, whereby certain lands of the 
Commonwealth have been taken for the streets aforesaid, is 
hereby ratified and confirmed, so far as the taking of the 
lands of the Commonwealth is concerned: provided, that the 
said city shall remove and reconstruct the fences to the satis- 



1864.— Chapters 124, 125, 120. 81 

faction of the inspectors of the state prison ; and provided, Fiieofpun. 
further, that the city of Charlestown shall file with the 
secretary of the Commonwealth a copy of the record and 
plan of the said laying out and widening. 

Approved March 30, 1864. 

An Act in addition to an act to incorporate the massa- Chan. 124 

CHUSETTS POWDER WORKS. 

Be it enacted, ^'c, asfolloivs: 

Section 1. The Massachusetts Powder Works are hereby May exercise 

. ... /»i'.i corporate fran- 

authonzed to exercise tlieir corporate iranchise m tlie towns chise in certain 
of Acton, Concord, Stow, and Sudbury, in the county of *^'^"'' 
Middlesex, as well as in the town of Barre, in the county of 
Worcester. 

Section 2. Said corporation is hereby authorized to increase of 
increase its capital stock, by adding thereto a sum not ""^'^ " 
exceeding one hundred thousand dollars, and to invest the 
same in real or personal estate, as may be necessary and 
convenient for carrying on its business. 

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

Approved March 30, 1864. 
An Act to confirm certain acts done by lyman e. munson nhn^) 195 

AS A commissioner OF DEEDS. ^ * 

Be it enacted, Sfc, as folloics : 

Section 1. All acts done by Lyman E. Munson of New Acts between 
Haven in the state of Connecticut as a commissioner for ja^n .' V^ism,"** 
Massachusetts, between the ninth day of April in the year one '=°°fi'f°i«'^- 
thousand eight hundred and fifty-seven and the eighteenth 
day of January in the year one thousand eight hundred and 
sixty-four, inclusive, are hereby made valid and confirmed, 
to the same extent as they would have been valid had he 
been during that interval duly qualified to discharge the 
duties of the said office. 

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

Approved April 1, 1864. 

An Act concerning annual meetings of savings banks. Chap. 126 
Be it enacted, Sfc, as follows: 

Section 1. Savings banks and institutions for savings May hold meet- 
may hold their annual meetings at the times fixed by their 3"""^" ^^' 
by-laws, any thing in their charters to the contrary notwith- 
standing. 

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

Approved April 1, 1861. 
11 



82 1861— -Chapters 127, 128. 

Chap, 127 -^^ ^^"^ TO ESTABLISH THE SALARY OF THE JUSTICE OF THE 
■* * POLICE COURT IN GLOUCESTER. 

Be it enacted, Sfc, as follows : 

The annual salary of the justice of the police court in the 
town of Gloucester shall hereafter be eight hundred dollars ; 
to commence on the first day of April, eigliteen hundred 
and sixty-four. Approved April 1, 1864. 

Chat) 128 -^^ '^*"T CONCERNING THE OVERSEERS OF THE POOR OF THE CITY 
"' OF BOSTON. 

Be it enacted, Sfc, as follows : 

Title established. SECTION 1. Tlic oversccrs of the poor in the town of 
Boston, incorporated on the twenty-fifth day of April, in the 
year one thousand seven hundred and seventy-two, shall be 
known and called by the name of " The Overseers of the 
^weM°a°nd Poor iu tlic City of Boston," and as such shall continue to 
Sn«t7drfined. hold and possess all the property, and be entitled to all the 
rights and privileges, and be subject to all the duties, liabili- 
ties and obligations, which now belong or appertain to said 
corporation, whether as successors of the corporation above 
mentioned, or as successors of the corporation or body 
politic incorporated by the forty-fourth chapter of the acts 
of the year eighteen hundred and two, by tlie title of " The 
Trustees of John Boylston's charitable Donations, for the 
Benefit and Support of aged Poor Persons, and of Orphans 
and Deserted Cliildren," including the faithful administra- 
tion and execution of all the trusts, bequests, legacies, 
endowments and charities confided to them, which have been 
heretofore, or shall hereafter be, accepted by them. 
Board to consist SECTION 2. The Said ovcrscers of the poor in the city of 
eiecteVb/cTty°* Bostou sliall cousist of twelve persons, residents of the city, 
conncu. ^^^ j^g elected by tlie city council of said city of Boston, by 

concurrent vote, in the following manner, within sixty days 
next after this act shall take effect: The said city council 
shall elect four persons to hold their office until the first 
Monday in April, in the year eighteen hundred and sixty- 
seven, and until other persons are elected in their places ; 
four persons to hold their office until the first Monday in 
April, in the year eighteen hundred and sixty-six, and until 
others are elected in their places ; and four persons to hold 
their office until the first Monday in April, in the year 
eighteen hundred and sixty-five, and until others are elected 
in their places ; and thereafter wards annually on the first 
Monday iu February, or within sixty days thereafter, four 
persons to hold their office for the term of three years from 
and after the first Monday in April next following such 
•elections, respectively, and until other persons are elected 



1864.— Chapter 129. 83 

ia their places. Vacancies occurring in said corporation, ^acancies, how 
from any cause, may be filled by said city council, in like 
manner, at any time ; and the person elected to fill any 
vacancy shall hold his office during the term for which his 
predecessor was elected. The city council shall also have May remoT* for 
power, at any time for cause, to remove either of said ''*'"^** 
overseers from office. 

Section 3. The persons so first elected as overseers of organization. 
the poor in the city of Boston, shall meet and organize on 
the first Monday of the month succeeding their election, 
and those thereafterwards elected shall meet for that pur- 
pose on the first Monday in April of each year. They shall 
choose a chairman from their own number, and a treasurer, 
secretary, and such subordinate officers as they may deem 
expedient, and shall define their duties and fix their respec- 
tive salaries. 

Section 4. Said overseers shall render such accounts Accounts and 
and reports of their expenditures, acts and doings, as may '^^p°''^' 
be required by the city council, and the same shall be 
audited and allowed, if according to law, in such manner 
as the city council shall from time to time determine. 

Section 5. The present members of the corporation shall Present board. 
hold their office until others are elected in their places, 
under the provisions of this act. 

Section 6. No one of said overseers, nor any individual Pnvate intereat 
in their employ, shall be interested in a private capacity, bjdde'n.'^'^ *"^ 
directly or indirectly, in any contract or agreement for labor 
or for articles furnished by direction of said overseers, unless 
the same be expressly authorized by a recorded vote of the 
board. 

Section 7. All acts and parts of acts inconsistent with Repeal. 
the provisions of this act are hereby repealed. 

Approved April 2, 1864. 



Chap. 129 



An Act to authorize the boston and fairhaven iron works 

TO construct a railroad track in fairhaven. 
Be it enacted, ^'c, as follows : 

Section 1. The Boston and Fairhaven Iron Works and its May connect with 
assigns is hereby authorized to construct and maintain a h™ve^n°iufiroad 
railroad track from its foundry and machine shop, located of traLporto^"* 
on Laurel Street in Fairhaven, in the county of Bristol, to "°"- 
connect with the track of the Fairhaven Railroad, at a point 
near the works of the Empire Rock Oil Company, a distance 
not exceeding twelve hundred feet in length, for the purpose 
of facilitating the transportation of merchandise. 

Section 2. Said corjioration may construct said railroad May orom ch«it- 
track across the proposed extension of Chestnut and Union 



streets. 



84 1864.— Chapters 130, 131. 

Streets, and another street lying easterly thereof, at grade, 
with good and sufficient crossings, for teams and carriages, 
under the direction and to the satisfaction of the selectmen 
of the town of Fairhaven. 
made*b"con^nt* SECTION 3. The couuection of Said track with the track of 
yconsen . ^^^^ Fairliavcu Railroad, shall be made only with the consent 
of the corporation owning the Fairhaven Railroad. 
Section 4. This act shall take effect upon its passage. 

Approved April 2, 1864. 
Chap. 130 -^N Act to further extend the provisions of "an act to 

PROVIDE FOR THE PAYMENT OF BOUNTIES TO VOLUNTEERS, AND 
FOR OTHER PURPOSES." 

Be it enacted, Sj'c, as follows : 

under"au*of SECTION 1. The provisious of chapter two hundred and 

MarchTith, '64, fifty-four of the laws of the year eighteen hundred and 

enu«rng to same sixty-thrcc shall bc, and the same hereby are, so extended 

bounty. j^g ^Q entitle all persons who shall enlist, or re-enlist, and be 

mustered into the military service of the United States, as 

a part of the quota of Massachusetts, under the call of the 

president, of the fourteenth of March in the year eighteen 

hundred and sixty-four, or under any future call, to the 

same bounty or pay as provided for in said act for those of 

the quota of the Commonwealth, under the call of the 

president for three hundred thousand men, dated October 

seventeenth in the year eighteen hundred and sixty-three. 

ProTisions act of ^^^ ^\i ^\^q pi-ovisioiis of Said act, in relation to the manner 

'63, how appli- . 1 . . 1 , 1111 T 

cable. of offering and paymg said bounty or pay, shall be applica- 

ProTisoB. \)\q to all cases under the provisions of this act : provided, 

hoivever, that nothing in this act shall authorize the payment 
of any bounty to any drafted man or substitute ; and pro- 
vided, also, that the governor, with the approval of the 
council, is authorized to suspend the operation of this act 
by proclamation, whenever it shall seem to him expedient. 
Section 2. This act shall take effect upon its passage. 

Approved April .5, 1864. 

Chap. 131 -^^ -^^"^ "^^ INCORPORATE THE AMHERST SAVINGS BANK. 

Be it enacted, ifc, as follows : 
Corporators. SECTION 1. Ithamar F. Conkey, George Cutler, Charles 

Adams, their associates and successors, are hereby made a 
Name. corporatioii, by the name of the Amherst Savings Bank, to 

Location. be established and located in the town of Amherst, with all 

Powers and du- the powcrs and privileges and subject to all the duties, 
"*^- liabilities and restrictions set forth in the fifty-seventh 

chapter of the General Statutes, and in all other laws of 

this Commonwealth relating to institutions for savings. 
Section 2. This act shall take effect upon its passage. 

Approved April 5, 1864. 



1864.— Chapters 132, 133. 85 

An Act to revive the charter of the pittsfield and new Qfi^fn \^2 

HAVEN RAILROAD COMPANY. -* ' 

Be it enacted, ^-c, as follows : 

Section 1. So much of the first section of chapter one Acuncorporating 
hundred and seventy-two of the acts of the year one thou- '"'''* " 
sand eight hundred and forty-eight, as incorporated the 
Pittsfield and New Haven Raih-oad Company, is hereby 
revived, and said corporation shall have all the powers and ^"j^^^g^""^ 
privileges, and be subject to all the duties, liabilities and p"''®^®^' 
restrictions, set forth in the sixty-third chapter of the 
General Statutes, and all other general laws relative to rail- 
roads and railroad corporations. 

Section 2. Said company may locate, construct and company may 
maintain a railroad, with one or more tracks, from some itruclroad?""' 
convenient point in either of the towns of Lee or Lenox, at 
or near the line of the Stockbridge and Pittsfield Railroad, 
and thence, by the route indicated in the second section of 
said chapter one hundred and seventy-two, to the line of 
the state of Connecticut at Colebrook. 

Section 3. Said company, with consent of the Stock- May connect with 
bridge and Pittsfield Railroad Company may connect their piuseew raii-^° 
railroad with the railroad of said Stockbridge and Pittsfield ''°*'^' 
Company, at some convenient point in Lee or Lenox, and 
may enter upon and use the same, pursuant to the provis- 
ions of the general laws relative to connecting railroads. 

Section 4. The capital stock of said company shall be capital stock. 
nine hundred thousand dollars, in shares of one hundred 
dollars each. 

Section 5. This act shall be void if said company shall conditions of 
not file the location of their railroad within two years, and ^'^' ^^° ^'^■ 
construct their railroad within four years from the passage of 
this act. Approved April 5, 1864. 

An Act in addition to an act to incorporate the clifton- (Jhfjn 1 QQ 

DALE railroad COMPANY. -* * 

Beit enacted, Sfc, as follows : 

Section 1. Li case of failure by the Cliftondale Railroad Trustees, with 
Company in the performance of any of the conditions of the court"may seii 
bonds issued by said company pursuant to the provisions of duion^of bo'nX 
section nine of chapter one hundred and forty-four of the arenotfuiauej 
acts of the year eighteen hundred and fifty-nine, the trustees 
shall petition the supreme judicial court for leave to sell the 
property conveyed to them, to secure payment of said bonds, 
pursuant to said provisions ; and thereafter the same shall 
be sold in such way and manner as the court may order ; 
and after payment of all costs and expenses, there shall bo Amount or 
paid into the sinking fund a sura which, added to the vi'dcdV?" ''"'' 



86 1864.— Chapter 134. 

amount then on hand, shall equal the amount of said bonds, 
and any interest thereon due and unpaid, and the remainder 
thereof paid to the said corporation. 
Purchasers may SECTION 2. The nurcliaser or purchasers at such sale 

associate as body r ^ 

corporate. may associatc themselves together, under any name by them 

assumed, for the purpose of managing said railroad, and 
they shall, together with their successors and assigns, be 
and remain a body corporate under the name assumed by 

Shall publish and tlicm : but beforc commencing business they shall make a 
certificate, setting forth their corporate name, the amount of 
capital actually paid in and the par value of the shares, 
which certificate shall be signed and sworn to by the presi- 
dent, treasurer, clerk, and a majority of the directors of said 
company, published tliree days in two Boston daily papers, 
and filed with the secretary of the Commonwealth; and 

powersand whcu Organized they shall be a corporation, with like powers 
and privileges and subject to all the duties, liabilities and 
restrictions set forth in the act incorporating the Cliftondale 
Railroad Company and all acts in addition thereto, and in 
the general laws relating to street railroad companies. 
Section 3. This act shall take efifect upon its passage. 

Approved April 5, 1864. 

Chap. 134 ■^'^ ■^'^'^ CONCERNING THE WEST CAMBRIDGE HORSE RAILROAD 
^' COMPANY. 

Be it enacted, ^c, asfolloivs: 

somervmrUi-se SECTION 1. Tlic Wcst Cambridge Horse Railroad Corpo- 
raiiroad, subject ratiou is hereby authorized to construct tracks in Cambridge 
to municipalities. ^^^^ Somcrvillft, from some convenient point on tiie Cam- 
bridge Railroad, to connect with the Somerville Horse 
Railroad, at such point, near Porter's hotel, as may be 
agreed upon in writing by the companies owning the two 
railways, subject to location by the board of aldermen of the 
city of Cambridge, and the selectmen of the town of Somer- 
ProTiflo. Yille : provided, however, that before the location of such 

tracks, the said board of aldermen and said selectmen shall 
give notice to the abutters thereon, fourteen days at least 
before the hearing, that they may show cause, if any there 
be, why said track should not be so located. 
Motive power. SECTION 2. The cars of said corporation shall be run 

with such motive power as the selectmen of the towns of 
Somerville and West Cambridge, and the board of aldermen 
of the city of Cambridge shall prescribe. 
May unite with SECTION 3. Tlic Wcst Cambridge Horse Railroad Cora- 
cambndgecom- ^^^^^ ^^ hereby authorized to unite and consolidate itself 
with the Cambridge Railroad Company, at such time and 



1864.— Chapter 135. 87 

on such terms as may be mutually agreed upon by said 
corporations, and when thus united, said corporations shall 
constitute one corporation, under the name of the Cambridge 
Railroad Company : provided^ hoivever, that the terms of Proviso. 
such union shall be approved by a majority in interest of the 
stockholders of each of said corporations, respectively, pres- 
ent and voting at meetings called for the purpose ; which 
meetings shall be notified by publication twelve times suc- 
cessively in two daily papers, published in Boston, and 
approved by the secretary of the Commonwealth. 

Section 4. Tiie corporation formed as aforesaid shall Franchise of new 

1 • 11 1 • ■! corporation. 

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 the two corporations, so 

united, and shall be subject to all the duties, restrictions 

and liabilities, to which they are severally subject ; and Rights of creditor 

nothing in this act shall be construed to impair the rights of °°^""p*"* • 

any creditor of either corporation. 

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

Approved April 5, 1864. 



Chap. 135 



An Act in further addition to an act incorporating the 

berkshire life insurance company. 
Be it enacted, §"c., as follows: 

Section 1. At the expiration of every five years from Reimbursement 
the time of organization of the Berkshire Life Insurance to^sSred.^""'^ 
Company, the remaining three-quarters of the estimated 
surplus funds and receipts shall be reimbursed equitably to 
and among the assured, in proportion to their contributions 
to the same, reckoning as contributions, — First, the excess contributions of 
of the actual premium over that required by the rate of reckoned''"'* 
mortality agreeing most nearly with the actual experience 
of the company and the assumed rate of interest accumu- 
lated at the current rate of interest: Second, the excess of 
interest over the assumed rate thereof on the net value of 
the policy from year to year, also accumulated at current 
interest. 

Section 2. The eighth section of chapter one hundred ^^pea\. 
and forty of the acts of the year eighteen hundred and fifty- 
one, is hereby repealed. 

Section 3. Tliis act shall take effect when accepted by Act, when in 
the assured at a meeting of said company held for that 
purpose. Approved April 5, 1864. 



88 



1864.— Chapters 136, 137, 138. 



Provisions of act 
of '63 extended. 



Chat) 136 ^^ ^^^ ^^ Addition to an act to incorporate the American 

"' STEAMSHIP COMPANY. 

Be it enacted, ^'c, as follows : 

Section 1. The periods of time allowed to the American 
Steamship Company, for the performance of the acts required 
of said company, by the fourth section of the one hundred 
and twelfth chapter of the acts of the year eighteen hun- 
dred and sixty-three, are hereby severally extended one year. 

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

Approved April 5, 1864. 



Non-delivery of 
deed or irregu- 
larity, no bar to 
title. 



Chap. 137 -^^ ■^^'^ ^^ RELATION TO THE SALE OF REAL ESTATE UNDER LICENSE 

OF COURT. 

Be it enacted, Sj-c, as follows ,* 

Section 1. No sale of real estate heretofore or hereafter 
made by an executor, administrator, guardian, trustee or 
other person, by license of court, and no title under the 
same shall be avoided on account of the deed not having 
been delivered within one year after the license, or on 
account of any irregularity in the proceedings, if it appears, — 
First, That the license was granted by a court of competent 
jurisdiction : Second, That the person licensed gave a bond 
which was approved by the judge of probate court, in case 
a bond was required upon granting the license : Third, 
That the notice of the time and place of sale was given 
according to the order of court : Fourth, That the premises 
were sold accordingly at public auction and are held by one 
who purchased them in good faith. 

Section 2. Section one of chapter sixty of the acts of 
tlie year eighteen hundred and sixty is hereby repealed. 

Section 3. This act shall not affect any suits or proceed- 
ings at law or in equity, now pending. 

Approved April 8, 1864. 



Repeal. 



Pending suits 
not affected. 



Chap. 138 -'^ -^*^'^ "^^ AMEND "AN ACT IN RELATION TO STATE CHARITABLE 
"' AND CORRECTIONAL INSTITUTIONS." 

Be it enacted, Sfc, as follows : 

Section 1. The ninth section of chapter two hundred 
and forty of the acts of the year one thousand eight hundred 
and sixty-three, is hereby so amended that the expenses of 
the lunatic hospitals, for the support of the persons therein 
named, to be paid by the Commonwealth, shall -not exceed 
two dollars and seventy-five cents a week for each lunatic. 

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

Approved April 8, 1864. 



Expense to Com 
monwealth for 
supporting cer- 
tain lunatics, 
limited. 



1864.— Chapters 139, 140 Ul. 89 

An Act relating to unclaimed property in the possession Qfi^p ^39 

OF EXPRESS companies. ^ " 

Be it enacted^ ^'c, as follows: 

Section 1. Any express company, or person or persons May seii property 
engaged in the express business, who shall have had in their 
possession, at least one year, any unclaimed merchandise, 
goods or things, not perishable, of which tliey have been 
unable to find tlie owner or consignee, may proceed to sell 
the same at public auction, in the manner provided in this 
act. 

Section 2. Notice of such sale shall be published at least Notice of sale to 
four successive weeks immediately preceding the sale, in a ^" 
newspaper published at or nearest the place where such 
property was marked or ordered to be delivered or left, and 
also at the place where such sale is to take place. Said 
notice shall contain a descriptive list of all such property ; 
and the list shall indicate all such specific marks as may 
serve to identify the same. 

Section 3. The proceeds of such sale, after deducting Proceeds to be 
reasonable charges for transportation and storage, and the ^evertTocom- 
cost of advertising and selling, shall be paid to the owner of ^p^yearV" 
such property, his heirs or assigns : provided, such balance 
is claimed, and satisfactory proof of such ownership is 
furnished, at any time within three years after such sale ; 
otherwise, at the expiration of said three years, to the 
treasurer of the Commonwealth, for the use of the Com- 
monwealth. 

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

Approved April 8, 1864. 



Chap. 140 



An Act in addition to an act to incorporate the boston 

SOCIETY FOR THE PREVENTION OF PAUPERISM. 

Be it enacted, ifc, as follows: 

Section 1. The Boston Society for the Prevention ofMayhow 

P., J11J 11 1,,, additional estate. 

auperism may take and hold real and personal estate, to an 

amount not exceeding fifty thousand dollars in addition to 

the amount which it is now allowed to take and hold, under 

its act of incorporation, approved the twenty-first day of 

April, in the year one thousand eight hundred and forty-seven. 

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

Approved April 8, 1864. 

An Act to authorize the foxborough branch railroad 

COMPANY TO increase ITS CAPITAL STOCK. 

Be it enacted, ^'c, as follows: 

Section 1. The Foxborough Branch Railroad Company increa<.e 
is hereby authorized to increase its capital stock one hundred 
12 



C/iap. 141 



90 



1864.— Chapter 142. 



Chap 



Corporators, 



Privileges. 



Estate, real 
personal. 



Transfer of 
property. 



liules and 
regulations. 



Grants and 
bequests. 



thousand dollars, to be divided into shares of one hundred 
dollars each. 

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

Approved April 8, 1864. 

. 142 -^^ ^^"^ "^^ INCORPORATE THE CITY LIBRARY ASSOCIATION OF 
SPRINGFIELD. 

Be it enacted, Sj-c, as follows : 

Section 1. John L. King, Chester W. Chapin, George 
Bliss, James M. Thompson, Ephraim W. Bond, and Homer 
Foot, and all persons who are now life members of the 
present City Library Association of Springfield, and their 
successors, are hereby made a corporation by the name of 
" The City Library Association of Springfield," for the 
purpose of establishing and maintaining a social library, 
and a museum of natural history and art, and for the 
diffusion of knowledge and the promotion of intellectual 
improvement in the city of Springfield ; with all the powers 
and privileges and subject to all the duties and liabilities set 
forth in the general laws which now are or may hereafter be 
in force concerning corporations, so far as applicable, 
and Section 2. The said corporation may take and hold real 
and personal estate, to an amount not exceeding one hun- 
dred and fifty tliousand dollars exclusive of books in its 
library and collections of natural history and works of art 
in its museum. 

Section 3. All the property now owned by, or which may 
accrue to the present City Library Association of Springfield, 
may be by it transferred to the corporation hereby created. 
And the said corporation may take and shall hold the same, 
and all real and personal estate, and all moneys, books, 
pamphlets, curiosities, objects of art and natural history, 
which shall from time to time be conveyed or given to it 
in any form, or be purchased by it, in trust, for all the 
uses and purposes proper and appropriate for a public and 
social library and museum, the same to be used and enjoyed 
by the inhabitants of Springfield, under such regulations, 
and upon such terms, and for such compensation as may 
from time to time be prescribed by the by-laws of the corpo- 
ration. And any grants, donations or bequests made to it, 
shall be held and used under and in pursuance of any con- 
ditions or rules prescribed in such grants, donations or 
bequests. And any bequests or devises to the present City 
Library Association and contained in any will made before 
this act shall take effect, shall inure to, and be enjoyed by 
said corporation. 



1864.— Chapter U3. 91 

Section 4. So loiio; as said corporation shall allow the city may aia 

• 1 I . « 1 • ^ ti • ;' 1 1 r> J. -J. corporation while 

inhabitants oi the city oi bpringneld tree access to its citizens have tvoe 
library at reasonable hours for the purpose of using the ^'"'^^^' 
same on the premises, said city may appropriate and pay 
annually towards defraying the expenses of maintaining 
said library, a sum not exceeding fifty cents for each of its 
ratable polls, in the year next preceding tliafr in which said 
appropriation is made. Approved April 8, 1864. 

An Act to provide aid for the families of seamen in the Qfiai). 143 

NAVAL SERVICE, AND FOR OTHER PURPOSES. ^ * 

Be it enacted, §'c., as follows : 

Section 1. Any town or city may raise money, by tax or Enlistments in, 
otherwise, and apply the same in aid of the wife, child, nlvafserv^ce? 
parent, brother and sister of, and dependent upon, any ^I'^asmiuury"* 
person duly enlisted in the naval service, or transferred to service. 
such service from the military service, who is credited to 
such town or city under the enrolment laws of the United 
States, in the same manner and under the same restrictions 
and provisions of law, as money is now raised and applied 
in aid of families and dependents of members of any regi- 
ment, company or battery of Massachusetts volunteers ; and 
in the case of a person transferred and credited as aforesaid, 
such aid may be granted from the date of such transfer. 
All the provisions of the fourth and fifth sections of chapter Reimbursement 
sixty-six of the acts of the year eighteen hundred and sixty- weauT acTo'r '62 
two, for the reimbursement of money by the Commonwealth, to apply. 
shall be applicable to the money applied by a town or city as 
herein provided. 

Section 2. The acts of any town or city in raising and Aid by towns 
applying money in aid of the family or dependents of a ""'"^'^ '''''"^ 
person who has been transferred from the military to the 
naval service, are hereby made valid to the same extent, as 
regards reimbursements by the Commonwealth and otherwise, 
as they would have been had such person remained in the 
military service. 

Section 3. The governor is authorized to ofifer and pay a Governor may 
bounty of one hundred dollars to any person who shall ^avaUnuTJ*"' 
enlist in the naval service and be credited as part of the ^ents credited 

, n ,-, • r^ 11 1 iir-i •! militia quota. 

quota 01 tins Commonwealth under the calls oi the president 
of the United States, dated respectively October seventeenth, 
in the year eighteen hundred and sixty-three, and February 
first, and March fourteenth, in the year eighteen hundred 
and sixty-four: provided, nevertheless, that such bounty shall Proviso, 
not be paid to any person, who, upon being drafted, shall 
enlist in such service, or to any person who shall be trans- 



P< ctiiiis of act 
ol '63 to apply. 



92 1864.— Chapters 144, 145, 146. 

ferred to such service from the military service of the United 
States. 

Section 4. All the provisions of the fourth, fiftli, sixth 
and seventh sections of chapter two hundred and fifty-four 
of the acts of the year eighteen hundred and sixty-three, in 
relation to the payment of bounties to volunteers, shall be 
applicable to tlie bounty provided in this act. 

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

Approved April 11, 1864. 

Chap. 14:4: -^^ -^^'^ "^O PRESERVE THE RIGHT OF SUFFRAGE TO SOLDIERS AND 

SAILORS. 

Be it enacted, Sj-c, as follows : 

te*rfd"rof tfx Pcrsous cugagcd in the military or naval service of the 

when not ' United States, and entitled to the right of suffrage in any 

Sfr to rights, town in this State, but wlio, by reason of such service, have 

not been assessed for taxes within two years, may pay, or 

tender to the treasurer of the town in which they reside the 

amount of a poll tax for the current year ; and thereupon 

shall be entitled to the right of suffrage within such town to 

the same extent as if their taxes had been regularly assessed 

and paid. Approved April 11, 1864. 

Chap. 145 An Act to incorporate the trinity parish in the town of 

MILFORD. 

Be it enacted, Sj'c, as follows: 

Corporators. SECTION 1, Gcorgc D. Uudcrwood, R. Bacon, W. H. 

Chamberlin, their associates and successors, are hereby 
Name. made a corporation by the name of the Trinity Parish in 

Purpose. the town of Milford, for the purpose of establishing and 

maintaining religious worship in said town ; with all the 
Powers and powcrs and privileges, and subject to all the duties, liabilities 
duties. g^jjjj restrictions set forth in all general laws which now are 

or may hereafter be in force relating to such corporations. 
Section 2. This act shall take effect upon its passage. 

Approved April 11, 1864. 

Chan 146 ^^ ^^^ "^^ incorporate the American nail machine company. 

Be it enacted, ^c, as follows : 

Corporators. SECTION 1. J. H. W. Page, Gcorgc W. Warren, Lewis 

Rice, their associates and successors, are hereby made a 

Name. corporatiou by the name of the American Nail Machine 

Purpose. Company, for the purpose of manufacturing iron, steel, and 

other metals, nails and nail machinery, and holding patents 

for nail machinery, and dealing therewith, and for this 

Powers and purposc sliall havc all the powers and privileges, and be 

duties. subject to all the duties, restrictions and liabilities, set forth 

in all general laws which are or may be in force relating to 

manufacturing corporations. 



1864.— Chapter 147. 93 

Section 2. The said corporation shall have its place of Location, 
business in the city of Boston, and may establish its manu- 
factory in any town in the Commonwealth, and for this pur- 
pose may hold real estate to an amount not exceeding two Real estate. 
hundred thousand dollars; and the whole capital stock of capital stock. 
said corporation shall not exceed five hundred thousand 
dollars, divided into shares of one hundred dollars each : 
provided, hotvevcr, that said corporation shall not go into Proviso, 
operation until the sum of one hundred and twenty-five 
thousand dollars of its capital stock has been paid in, in 
cash, in addition to the amount required for the purchase of 
patent rights. 

Section 3. This act shall takeeffect upon its passage. 

Approved April 13, 1864. 
An Act TO REVIVE the charter of the amherst branch rail- CAa». 147 

ROAD COMPANY. 

Be it enacted, ^c, as follows : 

Section 1. So much of the first section of chapter one Actincorpo- 
hundred and two of the year eighteen hundred and forty- revlvfdu'"^"* ^ 
eight as incorporated the Amherst Branch Railroad Com- 
pany is hereby revived, and Leonard M. Hills and Charles Additional corpo- 
Adams of Amherst and Thaddeus Smith of Hadley are """^*' 
added to the list of corporators ; and said corporation shall 
have all the powers and privileges and be subject to all the Powers and 
duties, liabilities and restrictions set forth in the sixty-third 
chapter of the General Statutes and all other general laws 
relative to nailroads and railroad corporations. 

Section 2. The capital stock of said company shall be capital stock. 
two hundred thousand dollars, in shares of one hundred 
dollars each. 

Section 3. Said company may locate, construct and Location. 
maintain a railroad, with one or more tracks, from some 
convenient point connecting with the >Jew London and 
Northern Railroad in the town of Amherst within one-half 
mile of Amherst College, through the towns of Hadley and 
Hatfield, crossing the Connecticut River and connecting 
with the Connecticut River Railroad at any point between 
the station-house of said railroad in Northampton, and Cut- 
ter's Crossing, so-called, in Hatfield. 

Section 4. Said company may cross the Connecticut May cross conn. 
River Railroad and also connect their road with tiie New connect'^wuhNew 
Haven and Nortiiampton Railroad, on the station grounds "ortlTampL. 
of said railroad in Northampton : provided, however, tliat Proviso, 
they shall not interfere with the depot buildings of either of 
the roads with which they are authorized by this act to 
connect their road. 



94 1864— Chapters 148, 149, 150. 

Conditions of SECTION 5. Uiiless said Amlierst Branch Railroad Cora- 

yaudityof act. ^^^^^ ^j^^^j ^j^ ^j^^ locatioii of their road on or before the 

first day of June in the year eighteen hundred and sixty-six 

and complete the same within two years thereafter, this act 

shall be void. Approved April 13, 1864. 



Chap.US 



An Act in addition to an act to incorporate the melrose and 

SOUTH reading RAILROAD COMPANY. 

Be it enacted, Sfc, as follows : 
May construct SECTION 1. Tlic Mclrosc and South Reading Railroad 
ea ing. Q^j^p^^j^^ jg jierei^y authorizcd to construct, maintain and 
use a railway with convenient single or double tracks, upon 
and over such streets and highways in the town of Reading 
as shall be from time to time fixed and determined by the 
selectmen of said town. 
Powers and SECTION 2. Said compauy, as regards the railroad hereby 

duties. authorized to be constructed and maintained, shall have all 

the powers and privileges, and shall be subject to the duties, 
liabilities and restrictions set forth in the act incorporating 
the Melrose and South Reading Railroad Company, and in 
the general laws relating to street railway companies. 
Section 3. This act shall take effect from its passage. 

Approved April 13, 1864. 

Chap. 149 -^^ '^^'^ ""^^ AUTHORIZE THE LEXINGTON AND WEST CAMBRIDGE 
■^' RAILROAD COMPANY TO SELL ITS ROAD AND FRANCHISE. 

Be it enacted, Sfc, as follows : 

May sell to other SECTION 1. Tlic Lcxingtou and Wcst Cambridge Rail- 
ratioa^*^ ''°'''"" road Company is hereby authorized by a vote of a majority 
in interest of the stockholders, at a meeting legally held for 
that purpose, to sell and convey to any other railroad com- 
pany its franchise, railroad and other corporate property. 
Investiture in SECTION 2. Any othcr railroad company in this Common- 

pany'^*''"^ ''°°'' wcalth may purchase and hold the franchise, railroad and 
other corporate property of said Lexington and West Cam- 
bridge Railroad Company and shall thereby have all the 
powers and privileges and be subject to all the duties, 
I'estrictions and liabilities of said Lexington and West Cam- 
bridge Railroad Company. 

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

Approved April 13, 1864. 

Chan 150 ^^ -^^^ ^^ protect the trout FISHERY IN MARSHPEE. 

Be it enacted, S^c, as follows : 

Fishery in SECTION 1. No pcrsou sliall take any trout in Quashnet 

Scted.^''" River, in the district of Marshpee, from the fifteenth day of 

September, in each year, to the twentieth day of March, in 

the 3'ear next ensuing. 



1864.-~Chapter 151. 95 

Section 2. No person except the proprietors of said specific permits 

J. . . , , 1, , , '^ , . y, . .,1 ■ , •■. from treasurer of 

district shall take any trout in said river without a written district require* 

permit from the treasurer of Marshpee, which shall specify 

the time when, and the place where, the person holding the 

same is allowed to fisii ; and no person shall at any time use 

any other means of taking trout in said river, than by 

angling with hook and line. 

Section 3. The said district may, by vote in legal meet- District may 
ing, with notice in warrant to that effect, make any regula- [nfome'^nure to. 
tions or by-laws respecting said fishery not repugnant to the 
provisions of this act; and the income from said fishery shall 
inure wholly to said district. 

Section 4. Any persons offending against the provisions Penalty for 
of this act, or any regulations or by-laws passed by authority ''°'*"°°^- 
of the third section of this act, shall forfeit and pay a fine 
of twenty dollars for each offence, to be recovered by prose- 
cution before any trial justice in the county of Barnstable, 
for the benefit of said district. 

Section 5. Any person who shall receive any trout, Penalty for 

1 ., 1 1 1/. .,.•' ' receiving trout. 

knowing the same to have been taken from said river, con- 
trary to the provisions of this act, shall forfeit the sum of 
fifty cents for every trout so received. 

Section 6. Said district, at any regular meeting, with Fish-wardens, 
notice in the warrant to that effect, may elect and appoint 
two or more fish-wardens to protect said fishery. All prose- Prosecutions, 
cations under this act shall be commenced within one year 
from the time when the offence is committed. 

Section 7. This act shall take effect upon the first day Act when in 

n -MI ^ force. 

of May next. Approved April 13, 1864. 

An Act relating to hawkers and peddlers, Chan 151 

Be it enacted, Sfc, as follows : 

Section 1. All licenses hereafter granted to hawkers and Licen»es-date 
peddlers, under the fiftieth chapter of the General Statutes, 
shall bear date the day they are issued, and shall continue 
in force one year from such date. 

Section 2. The applicant for any special state license special state 
which maybe granted hereafter, under the twentieth section ^"'*°**^'^*- 
of said chapter, shall be required to pay fifty dollars for such 
license and no more. 

Section 3. It shall be the duty of constables and police Municipal officers 
officers, within their respective towns and cities, to arrest for^TioiaUons." 
and prosecute any person whom tiiey may have reason to 
believe guilty of violating the provisions of said fiftieth 
chapter, relating to hawkers and jjeddlcrs ; and one-half of Forfeitures. 
any forfeiture which may be incurred and recovered under 



96 1864.--CHAPTER 152. 

tlie twenty-seventh section of said chapter shall be paid to 
the complainant, 
^p**^- Section 4. So much of the fiftieth cliapter of the General 

Statutes as is inconsistent with this act is liereby repealed. 

Approved April 13, 1864. 

Chap. 152 ^^ ^^'^ PROVIDING FOR THE APPOINTMENT OF A BOARD OF RAIL- 
' ' ROAD COMMISSIONERS, AND RELATING TO RAILROAD CROSSINGS 

AT GRADE. 

De it enacted, §'c., as follows : 
Governor to SECTION 1. Tlicrc shall be a board of railroad commis- 

appoint three . • i- p .1 • i. i j 

persons for one, sioncrs, consistuig 01 thrcc persons appointed and commis- 
jwr'^*'"'"'^ sioned by the governor, with advice and consent of the 
council, and subject to removal in like manner. The 
persons first appointed and commissioned, under this act, 
shall be appointed and commissioned, one for the term of 
three years, one for the term of two years, and one for the 
term of one year. Before the first day of June, in each 
year, one member of the board shall be appointed for the 
term of three years, who shall hold his office until his 
Vacancies, how succcssor is appointed and qualified. Upon the occurrence 
*"*'^' of a vacancy before the expiration of a term, an appointment 

shall be made for the remainder of the term. Before enter- 
ing on the duties of their offices, the commissioners shall 
severally be sworn. 
Powers, in cop- SECTION 2. Said commissioncrs, upon the application of 
ways at crossLgs any railroad corporation authorized to construct its road 
of other ways. ad-Qgg ^ tumpikc, highway or town-way, or of the proprietors 
of the turnpike, or the selectmen of the town, or the mayor 
and aldermen of the city in which the crossing is situated, 
after due notice to the railroad corporation, the proprietors 
of the turnpike, and such mayor and aldermen, or selectmen, 
not being themselves the applicants, and to any other persons 
or parties as they may direct, and after hearing the parties, 
may, if public necessity requires, autliorize and require the 
railroad corporation to construct their railroad at such 
ci'ossing, upon a level with such turnpike or way, in such 
manner as they may direct. 
May order erec- SECTION 3. Whenever tlic Said commissioners shall be of 
station of'agent*! the opiiiiou that the security of the public requires that 
gates shall be erected across any turnpike, highway or town- 
way, to be crossed at grade, as provided in the preceding 
section, and that an agent be stationed to open and close 
such gates when an engine passes, they may order the 
railroad corporations to construct such gates, and station an 
agent. 



1864.— Chapter 153. 97 

Section 4. If a corporation unreasonably neglects or penalty for 
refuses to comply witli any order made under the preceding "atlon' °^ '""^''°' 
section, it shall forfeit for every such refusal or neglect a 
sum not exceeding one thousand dollars. 

Section 5. The application provided for in the second Application to 

'^ ^ ^ •! 1 • commissioners. 

section 01 this act, when made by a railroad corporation, 
whose road is hereafter constructed, shall be made by it 
before commencing the construction of its railroad. 

Section 6. The commissioners shall certify their proceed- Proceedings, to 

,,, ,™ , .. r-.ix- whom certified. 

mgs to the board oi county commissioners ot the county m 
which such grade crossings are situated, to be filed with the 
location of such railroad corporation. 

Section 7. In all cases heard before commissioners Expenses of 
under the provisions of this act, the expenses and costs **"°^' 
attending the same, including the compensation of the 
commissioners, shall be paid by the railroad corporation. 

Section 8. The compensation of the commissioners shall g°3^°^oners "^ 
be ten dollars each per diem and travelling expenses. 

Section 9. This act shall take effect upon its passage, ^^f^j^^""' *''"'■ 
but shall not be construed to repeal the eighty-sixth, eighty- ""^ " 
seventh, eighty-eighth, eighty-ninth and ninetieth sections of 
the sixty-third chapter of the General Statutes. 

Approved April 13, 1864. 

An Act to authorize william h. dunbar to build a railroad QJian. lo.3 

TRACK IX ABINGTOX. -' * 

Be it enacted, ^-c, as follows: 

Section 1. William H. Dunbar, his heirs and assigns, Location of track, 
are hereby authorized to construct and maintain a railroad oidToiouy Tud 
track in Abington, commencing at a point upon his land Newport railroad. 
near the location of his tack and nail factory, thence extend- 
ing southerly, crossing at grade a public street or highway 
in Abington known as South Avenue, to connect with the 
track of the Old Colony and Newport Railway • Company 
near its station at South Abington, for the purpose of facili- 
tating the transportation of merchandise to and from said 
factory. 

Section 2. A good and sufficient crossing at said street construction and 
or highway, for teams and carriages, shall be constructed crossing."""^ "'^ 
and maintained by said Dunbar, his heirs and assigns, under 
the direction and to the approbation of the selectmen of the 
town of Abington. 

Section 3. The connection of said track with the track consent of o. c. 
of the Old Colony and Newport Railway Company shall not pauy^rifuuired.'"" 
be made without the consent of said company. 

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

Approved April 13, 1864. 



98 1864— Chapter 154. 

Chap. 154: -^N ^CT CONCERNING THE DEDHAM AND WEST KOXBUKY RAILROAD 
"' COMPANY. 

Be it enacted, Sfc, as follows : 
May enter upon SECTION 1. TliG Dedham and West Roxbury Railroad 
Metropolitan*" Companj is hereby authorized, with all cars running to and 
Company. ^^^^^ Dedham, or the junction of South Street with Shawmut 

Avenue, in West Roxbury, to enter upon, and use, with its own 
motive power, the tracks of the Metropolitan Railroad Com- 
pany, from its pointof connection with the tracks of said Metro- 
politan Railroad Company, in the town of West Roxbury, 
or the city of Roxbury, into and through the city of Boston, 
by Scollay's Building, so called, by one direct and convenient 
route, upon terms to be agreed upon, in writing, by the 
respective companies interested, and in case of disagreement, 
Proviso. to be determined according to law : provided, /loivever, that 

no car of the Dedham and West Roxbury Railroad Company 
shall be run over the tracks of the Metropolitan Railroad 
Company, which does not in every trip run over the tracks 
of said first named company, to and from the junction of 
South Street with Shawmut Avenue, in said West Roxbury. 
Metropolitan SECTION 2. The Metropolitan Railroad Company shall 

enter''l7o™and havc the right to enter upon and use, with its cars and 
tocksof^Dedham motivc power, any ti-acks which may hereafter be laid by 
roa^d"^'^"''''"''^ the Dedham and West Roxbury Railroad Company, in that 
part of said Shawmut Avenue lying between the point in 
West Roxbury where it crosses the Boston and Providence 
Railroad, and the southerly terminus of the Metropolitan 
Terms. Rallroad upon said avenue, upon terms to be agreed upon 

in writing by the respective companies interested, and in 
case of disagreement to be determined according to law. 
Ruiesandreguia- SECTION 3. Each of Said compauics while using the 
obs^T^ed.^ track of the other company as herein before provided, shall 
conform to the rules and regulations from time to time 
established, by the authorities of the respective cities and 
towns through which their cars may run, and to such rules 
and regulations as may be adopted, by the companies whose 
tracks they may respectively use, for the regulation of their 
own cars and employees, and shall keep an account of the 
number of cars run daily by them, respectively. 
Dedham and w. SECTION 4. Said Dedham and West Roxbury Railroad 
^o''nl'truct^roadtn Compauy may build, maintain and use a railway or rail- 
w'est Roxbury. ways, with conveniciit single or double tracks with suitable 
turnouts, upon and over such streets and highways in the 
town of West Roxbury, as shall from time to time be fixed 
. upon by vote of the selectmen of said town granting a loca- 
tion therefor. 



1864.— Chapter 155. 99 

Section 5. So much of the road of the Dedham and Location between 
West Roxbury Railroad Company as lies between the line co'urt-housT *de- 
separating Dedham from West Roxbury, and the court- ''°^'^' 
house in Dedham, shall be located and built from Vine 
Rock Bridge at or near said line, over the main highway to 
Ames Street in said Dedham, and thence over said Ames 
Street to or near the court-house in said Dedham, subject to 
location by the selectmen of Dedham. 

Section 6. The eighth section and so much of the six- Repeal. 
teenth section of the one hundred and thirty-fifth chapter of 
the acts of the year eighteen hundred and sixty-one, as makes 
said act void unless the road of the Dedham and West Rox- 
bury Railroad Company is located by the mayor and aldermen 
of the city of Roxbury, are hereby repealed ; but no part of 
the tracks of said company shall be laid in the city of Rox- 
bury, without a location of such part having been first granted 
and ordered by said mayor and aldermen ; and the whole construction, 
road shall be located and constructed within two years from ^"*'*°° *^''- 
the passage of this act. Approved April 16, 1864. 

An Act to revive the charter of the hanover branch QJian I55 

RAILROAD COMPANY. ^' 

Be it enacted, ^"c, as follows: 

Section 1. Chapter one hundred and eighty-five of the Act incorpo- 
acts of the year eighteen hundred and forty-six, entitled ""°g "vived. 
" An Act to incorporate the Hanover Branch Railroad 
Company," is hereby revived : provided, limvever, that said proviso. 
company shall not enter upon and use the railroad of the 
Old Colony and Newport Railway Company, except in 
connection with the local trains upon said railroad, without 
the consent of said Old Colony and Newport Railway 
Company. 

Section 2. Said corporation may be organized within organization. 
two years from the passage of this act. 

Section 3. The time limited by said act, within which Time for locating 
the location of the railroad of said company should be filed, ^''^'"^^'^■ 
is hereby extended to the first day of May, in the year 
eighteen hundred and sixty-six, and the time for the com- 
pletion of said railroad, is extended to the first day of May, 
in the year eighteen hundred and sixty-seven. 

Section 4. The said company is hereby authorized to May increase 
increase its capital stock: provided, that the whole amount '"^p'tai stock. 
of capital shall not exceed sixteen hundred shares, of one 
hundred dollars each. 

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

Approved AprU 20, 1864. 



100 1864— Chapters 156, lo7, 158, 159. 

Chan 156 ^^ ^^^ ^^ further additiox to an act to incorporate the cape 
I ' cod central railroad company. 

Be it enacted, ^'c, as follows : 
Timofnrcon- TliG time allowed to the Cape Cod Central Railroad 

tended?"''''" Compaiiy, for the construction of its railroad, is hereby- 
extended one year. Approved April 20, 1864. 

Chan. 151 -^^ -^"^^ ^^ ADDITION to "an act to INCORPORATE THE UNITED 
^ * STATES STEAMSHIP COMPANY." 

Be it enacted, Sfc, as follows : 

Time extended SECTION 1. The time witliiu which the United States 
asse°sment°Md Stcamsliip Company is required to collect assessments on its 
capital stock, and to place in the service one or more steam- 
ships or propellers, is hereby extended for one year from the 
sixth day of April in the year eighteen hundred and sixty- 
four ; and the act of incorporation shall not become null 
and void, by an omission hereafter, on the part of said cor- 
poration, for a period of one year, to have in the service one 
Proviso. steamship or propeller : provided, such omission is caused 

by the act of the government of the United States. 
Section 2. This act shall take effect upon its passage. 

Approved April 20, 1864. 

Chan 158 -^ ^^^ ^*^ incorporate the father MATHEW MUTUAL BENEV- 
"' OLENT CATHOLIC TOTAL ABSTINENCE SOCIETY. 

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

Corporators. SECTION 1. Thomas Murray, Michael McCarthy, Daniel 

Macklin, John Loughlin, their associates and successors are 

Name. hcrcby made a corporation, by the name of the Father 

Mathew Mutual Benevolent Catholic Total Abstinence 

Purpose. Society, for the purpose of promoting the cause of temper- 

ance in the town of Hopkinton, in the county of Middlesex, 
and of benefiting the condition of the members and their 
families, by assisting them in time of sickness ; with all the 

Powers and du- powcrs and pHvilegcs, and subject to all the duties, liabil- 

"**■ ities and restrictions, set forth in all general laws, which 

now are or may hereafter be in force, relating to such 
corporations. 

May hold estate. SECTION 2. Said corporatiou may take and hold real 
and personal property, not exceeding in value ten thousand 
dollars, for the purposes aforesaid. 

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

Approved April 20, 1864. 

Chan 159 "^^ ^^^ ^^ authorize fire districts to RAISE MONEY FOR STREET 

Be it enacted, cVc, as follows : 
^|ft"ct8 organ- SECTION 1. Firc districts duly organized under the pro- 
stiit8."ma7 raise! visious of thc twcnty-fourtli cliapter of the General Statutes, 



1861.— Chapter 160. 101 

may, at meetings legally called for that purpose in the 
manner provided in the thirty-ninth section of said chapter, 
raise money for the erection and maintenance of street 
lamps within their respective limits. 

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

Approved April 20, 1864. 

An Act concerxing the constructiox of sidewalks in the city Qfiap. 160 

OF CIIARLESTOWN. • ^ 

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

Section 1. Whenever any public street, or any part of ^0^^'^'^" sidi- 
the same, in the city of Charlestown, is paved or macadamized, walks in streets 
or covered with gravel as a substitute therefor, or when amizea°by°order 
such paving, or substitute, shall have been ordered by the °'""'^- 
city council of said city, the owners of abutting lots of land 
or real estate, upon such street or part of a street, shall, 
within thirty days after notice from the board of mayor and 
aldermen, so to do, construct, at their own expense, and to 
the acceptance of the board of mayor and aldermen, a side- 
walk against their respective estates, with brick or flat-stone, 
supported on the outer edge thereof with hammered edge- 
stone ; and if any abutter shall refuse or neglect to construct upon refiisai, 
such sidewalk against his lot for the space of thirty days struc'trand°hoid 
after a written notice has been served upon him, his tenant, '■*"» '^^'^ ""^t^- 
agent or attorney, by order of said board of mayor and 
aldermen, said city may construct the same, and the expense 
thereof shall constitute a lien upon the abutting lot for one 
year after such expense was incurred; such expense, with ^{f^^tt-^^ .q*'® °° 
incidental costs and charges, may be levied by sale of the wh'en."'^ ° ' 
whole or any part of such abutting lot, if such expense, costs 
and charges be not paid within three months after a written 
demand for payment of the same, made by the city treasurer 
upon the owner of the lot, his tenant, agent or attorney ; 
such sale to be conducted in like manner, and upon like saie, how con- 
notices as sales of real estate for the non-payment of taxes ; 
and when any estate or any part of the same is so sold, the Redemption of 
owner thereof shall have the same right and the like reme- p'^p^'^'^- 
dies for redeeming the same, as is provided by law for the 
redemption of real estate sold for non-payment of taxes : 
provided, however, that when the owner of any abutting lot Proviso, 
on any such street, shall, in the judgment of the mayor and 
aldermen, be unable to construct such sidewalk, they may 
cause the same to be constructed at the expense of the city ; 
and, provided, also, that they may, in tlieir discretion, allow 
the owners of vacant lots on any such street, to construct 
their sidewalks with plank and timber, to the acceptance of 



102 1864.— Chapters 161, 162, 163. 

the board of mayor and aldermen, which shall be removed 
and the edge-stone and brick, or flat-stone sidewalk substi- 
tuted therefor, when said board shall so order. 
Repeaioffi.ch. SECTION 2. The first scctiou of chapter one hundred and 
^' ^ ■ sixty-five of the acts of the year eighteen hundred and fifty- 

nine, entitled " An Act to regulate sidewalks in the city of 
Not to affect Charlcstown," is hereby repealed, but such repeal shall not 
action"' ^"^ '"^ affect any rights now accrued, or any action now pending. 
Section 3. Tli'is act shall take effect upon its passage. 

Approved April 20, 1864:. 

Chcip.\Q\ ^ ^^'^ RELATING TO ASSESSMENTS OF MUTUAL FIRE INSURANCE 
^' COMPANIES. 

Be it enacted, ^'c, as follows : 

s. J. court may SECTION 1. Wheucver it shall appear to the supreme 

stay collection of . j- . i , .... • .1 . o 1 mi • 

assessments, judicial court, iipou a petition in the nature of a bill in 

'"^^^' equity, by any member of a mutual fire insurance company, 

or by the insurance commissioners, that further attempts to 

collect any assessment then partially collected, will not 

furnish substantial relief to those having claims against the 

company, said court may stay the further collection of said 

assessments. 

Acts of 1862 and SECTION 2. Thc first thrcc sections of chapter one hundred 

' ""^ ^^^^' and eighty-one of the acts of the year eighteen hundred and 

sixty-two, and the third section of chapter two hundred and 

forty-nine of the acts of the year eighteen hundred and 

sixty-three, shall hereafter apply only to the assessments 

which are made by a mutual fire insurance company, under 

the provisions of the fourth section of the last named act. 

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

Approved April 20, 1864. 

Chan. 162 "^^ ■^^^ "^^ define the line between the towns of ROCHESTER 
"' AND WAREHAM. 

Be it enacted, Sj-c, as follows : 
Division line es- The ccutrc of the road leading to Plymouth, referred to 
tabiished. jj^ ^j^Q g^^jj. paggQ(j jyj^ay thirtieth, in the year one thousand 

seven hundred and thirty-nine, incorporating the town of 
Wareham, shall be held to be the dividing line between the 
towns of Rochester and Wareham. Approved April 20, 1864. 

Chap.\6S ^ -^^"^ RELATING TO THE ROADS AND BRIDGES BELONGING TO 
"* THE COMMONWEALTH. 

Be it enacted, Sfc, as f allows. • 
Governor and SECTION 1. Tlic govcHior, witli the advicc of the couucil, 

mrke'byTaws to IS hcrcby authorizcd, from time to time, to make and publish 
J.tf"".'?, *';^''«' by-laws for the regulation of travel on the roads and bridges 

on pubUcation. •' °i /.. i . i i. i> fi 

which now are, or hereafter may become, the property oi the 



1864.— Chapters 164, 165. 103 

Commonwealtli. Such by-laws shall be published, by posting 
up at each end of such roads and bridges, in some conspicu- 
ous place, a board painted with a white ground, containing 
in black letters the substance of said by-laws. 

Section 2. Wlioever violates any by-law made and pub- Penalty for tIo- 
lished pursuant to the preceding section, shall be punished 
by a fine not exceeding fifty dollars. 

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

ApprSved April 20, 1864. 

Ax Act coxceuning the aoawam bridge company. ChttT) 164 

Be it enacted, ^r., as follows: 

Chapter two hundred and seventy-four of the acts of the Acts of incorpor- 
year eighteen hundred and fifty-six, incorporating the ttoeforJon-*"*^ 
Agawam Bridge Company, and chapter thirty-eight of the extended. 
acts of the year eighteen hundred and sixty-one, confirming 
the organization and proceedings of said company and 
extending the time in which it might build a bridge over 
the Connecticut River, are hereby revived, and the time 
limited for the construction of said bridge is extended to the 
first day of May, in the year eighteen hundred and sixty- 
eight. Approved April 22, 1864. 



Chap. 165 



Ax Act to pbovide an additional supply of pure water for 

THE CITY OF SPRINGFIELD. 

Be it enacted, Sfc, as folloivs : 

Section 1. The Springfield Aqueduct Company is hereby increase of capi 
authorized to increase its capital stock, by adding thereto an Ihorfze^d.^ *'*' 
amount not exceeding one hundred thousand dollars, for 
the purpose of furnishing to the inhabitants of the city of 
Springfield, an additional supply of pure water : provided^ prorisos. 
however^ and this grant is upon condition, that at least 
twenty-five thousand dollars of stock, in addition to the 
capital stock now paid in, shall be subscribed, and fifty per 
cent, of the amount so subscribed paid in, on or before the 
first day of July next ; and provided also that said com- 
pany shall thereafter proceed with reasonable dispatch to 
substitute pipes of iron, iron and cement, or other durable 
material for their present pipes in Main Street, from Liberty 
Street to the southerly line of State Street, and easterly 
through the last-named street, and shall after using the new '* 

wooden pipes now owned by said company, thereafter use 
pipes of a like durable material, in renewing or extending 
their existing lines of pipes. Said company shall not obstruct shKii not ob- 
or injure any sewer, now or hereafter laid in any street, '"'"'' "'*"'■ 
alley or park in said city. 



104 1864.— Chapter 165. 

City may pur- SECTION 2. The citj of Springfield is hereby authorized 
and propMtJ.''^ to purcliase all the franchise, rights and property, of said 

company, with the written assent of at least three-fourths in 

interest of the stockholders thereof. 
May enlarge and SECTION 3. Said city may enlarge, repair and improve 
improve works, ^j^^ ^atcr sourccs, aqucducts, and other property and works, 

so purchased, with a view to an increased and adequate 

supply of pure water, for public and private uses in said 
May purchase city ; aud for the purposes aforesaid may take and hold by 
water'^'s'ourees^' purchasc or Otherwise, such other ponds, springs, streams, 
and lands. watcr sourccs and rights, within the limits of said city, and 

such land under and around the same, as may be necessary. 
May take lands ^^[^ gjj-y ^^^y ^^j^q j^,j(J ^^q^^j jj^ \[\^q manner, such land as 

for erection of J J i • x • • i j 

dams and reser- may be iiccessary, tor erecting and maintaining dams and 
^'""' reservoirs, and for laying and maintaining conduits, pipes, 

drains and other works, for collecting, conducting and dis- 
Description of tributiug watcr through said city. The mayor of said city, 
8ources*°to bf " withiu thirty days after the taking of any sources of water 
fi'e<i- or lands, as herein provided, shall file in the registry of 

deeds for the county of Hampden, a description thereof, 
sufficiently accurate for identification. 
May build aque- SECTION 4. Said city, for the purposes aforesaid, may 
ducts, reservours, j^j^jj^^j aqucducts and maintain the same, by any works suita- 
ble therefor ; may erect and maintain dams ; may make and 
maintain suitable reservoirs ; may make and establish such 
public fountains and hydrants, as may, from time to time, 
be deemed proper, and may change or discontinue the same ; 
May regulate use may rcgulatc the use of the water, and establish the prices 
and rent of wa- qj^. ^ents to bc paid thcrcfor. Said city may also, for the 
May extend and purposcs aforcsaid. Carry its pipes and drains over or under 
lay down pipes. ^^^^ watcr-course, street, railroad, highway, or other way, 
in such manner as not to obstruct the same ; and may enter 
upon and dig up such road, street or way, for the purpose 
of laying down, maintaining and repairing, pipes or drains, 
and may do any other acts or things necessary and proper, 
in executing the purposes of this act. 
Commissioners of SECTION 6. Tlirce Commissioners shall be appointed by 
-cH.vcou°ndrto the city council, who shall, during their continuance in 
appoint. office, execute, superintend and direct the performance of 

all the works, matters and things, mentioned in the two pre- 
ceding sections, which are not otherwise specifically provided 
for in this act ; and shall be subject to such ordinances, 
rules and regulations, in the execution of their said trust, 
as the city council may, from time to time, ordain and 
establish, not inconsistent with the provisions of law. They 
Terms of office, shall respectively hold office for tlie term of tliree years 



1864.— Chapter 165. 105 

next after their appointment, unless the works aforesaid 
shall be sooner completed, but they or either of them, after 
having had an opportunity to be heard in defence, may be 
removed at any time by a concurrent vote of two-thirds of Removal. 
each branch of the city council ; and in case of a vacancy vneancies, how 
in the board, by death, resignation or removal, such vacancy *"^'^" 
shall be filled by the appointment of another commissioner, 
who shall hold his office for the residue of the said term of 
three years, with all the powers, and under all the restric- 
tions aforesaid. A major part of said commissioners shall Quorum, 
be a quorum, for the exercise of the powers and the per- 
formance of the duties of the said office. They shall once Reports to city 
in every six months, and whenever required by the city ''°"°'^''- 
council, make and present in writing a particular report and 
statement of all their acts and proceedings, and of the con- 
dition and progress of the works aforesaid. 

Section 6. The city council, before the appointment of salaries of com- 
said commissioners, shall establish and fix the salaries or °"^''*°°®'^- 
compensation, to be paid them for their services : and the 
said salaries, so fixed and established, shall not be reduced 
during their continuance, respectively, in said office. 

Section 7. Whenever the said office of commissioners upon expiration 
shall cease either by the expiration of the said term of three authority°^to°re8t 
years from the original appointment, or by the completion '°<''ty- 
of the works aforesaid, all the rights, powers and authority, 
given to the city of Springfield 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, officers and servants, as the city council shall, from 
time to time, ordain, appoint and direct. 

Section 8. The said city shall be liable to pay all dama- i>and ana water 
ges, that shall be sustained by any persons, in their property, pair^^^' ^°'' 
by the taking of any land, water or water-rights^ or by the 
constructing of any aqueducts, reservoirs, or other works, 
for the purposes aforesaid. If any person who shall sustain 
damage, as aforesaid, cannot agree with said commissioners 
upon the amount of said damages, ho may have them 
assessed and paid in the same manner, as is provided by 
law, with respect to land taken for highways. 

Section 9. For the purpose of defraying the cost of such Kxpenoes orcoo- 

/•„. „i; , 1,' ^ ^ , • 1 , 111 struction and re- 

Irancliises, property, lands, water and water-rights, as shall jmirs, how de- 
be taken, purchased or held for the purposes aforesaid, and ^'■''^'"^• 
of enlarging, repairing or constructing, the works necessary 
and proper for the accomplishment of the said purposes, and 
paying all expenses incident thereto, the city council shall city may i8(.ue 
liave authority to issue, from time to time, notes, scrip, or "'"*•■•""»•" 
14 



106 1864.— Chapter 166. 

certificates of debt, to be denominated on the face thereof, 
" Springfield Water Scrip," to an amount not exceeding, in 
the whole, the sum of one hundred thousand dollars, bear- 
ing interest at a rate not exceeding six per cent, per annum, 

Principal and in- and Said iutcrcst shall be payable semi-annually, and the 

terest, when pay- pj.j,jgjpr^j g]jjjj^ jjg payable at pcriods not more than forty 
years from the issuing of the said scrip, notes, or certifi- 

Saie of scrip. catcs, respectively. Said city council may sell the same, or 
any part tiiereof, from time to time, or pledge the same for 
money borrowed, for the purposes aforesaid ; but the same 
shall not be sold or pledged at less than its par value. 

niegai use of SECTION 10. If any person shall use any of the said 
water without the consent of said city, an action of tort 
may be maintained by said city, for the recovery of the 

Wanton direr- damage sustaiucd ; and if any person shall wantonly or 

sion or corrup- t?it i J r /.<./. 

tion of waters maiiciously divcrt the water, or any part thereof, of any of 
works"^"'^ *° the ponds, springs, streams or sources of water, which shall 
be owned or held by said city, pursuant to the provisions of 
this act, or shall corrupt the same, or render the water 
impure, or destroy or injure any dam, aqueduct, pipe, con- 
duit, hydrant or other works or property, held, owned or 
used by said city, under the authority, and for the purposes 
Penalty. of this act, cvcry such person shall forfeit and pay to said 

city, three times the amount of the damages that shall be 
assessed therefor, to be recovered by any proper action. 
And any such person, on conviction of either of the wanton 
or malicious acts aforesaid, may also be punished, by fine, 
not exceeding three hundred dollars, or by imprisonment, 
not exceeding one year. 
.-Act vcGd, except SECTION 11. Thc provisioiis of this act, except the first 
.fess* appK)ved"by scctiou, shall bc void, uiilcss Submitted to and approved by 
ye^'"""°*''° a majority of the voters of the city of Springfield, present 
and voting, at meetings held simultaneously for the purpose, 
in the several wards, within two years from the passage 
of this act, upon notice, duly given, at least seven days 
before the time of holding said meetings. 

Section 12. This act shall take effect upon its passage. 

Approved April 22, 1864. 

Chat) 166 ■^*^ ^^^ CONCERNING THE FIRST BAPTIST SOCIETY IN TYNGSBOROUGH. 

Be.k enacted, ^'c, as follows: 

Organization and SECTION 1. The Organization of the First Baptist Society 

prw^diDgs e- .^^ Tyngsborougli, and all the subsequent proceedings of said 

society, under and by virtue of such organization, as the 

same are entered, as the records of said society, in their 

second book of records, commencing March the twenty- 



1864.— Chapter 167. 107 

eighth, in the year one thousand eight hundred and twenty- 
nine, and ending April tlie eighth, in the year one thousand 
eight hundred and fifty-seven, are hereby ratified, established 
and confirmed, as the acts, doings and records, of a duly 
and legally organized corporation. 

Section 2. Stillman 8. Davis is authorized to call a Meeting of socj- 

. , • ^1 J 1 „ ety to be called. 

meeting of said society, by posting up on the outer door oi 
the meeting-house belonging to said society, a notice directed 
to the members thereof, seven days at least before the time 
of such meeting ; said notice shall express the time, place 
and purpose, of the meeting. 

Section 3. Said Stillman S. Davis may call such meeting Presiding officer, 
to order, and preside until a moderator is chosen. 

Section 4. Said society may choose all such officers as it ciioice of officers. 
has been accustomed to elect, and do and transact such 
other business as it deems proper. 

Section 5. Said society may sell at public or private sale, saie of society's 

1 . • • . T i^ • i 1 . i • property author- 

at such time as it may direct, its personal property, meeting- ized. 
house, and sheds, and the lands belonging to said meeting- 
house lot, and the treasurer of said society is authorized to 
execute and deliver deeds to convey the same, in fee simple 
or otherwise. 

Section 6. The proceeds of such sale maybe disposed Proceeds of sale, 
of in such manner, and for such objects, as a majority of '''"^ *^^"^**' 
the society shall determine. 

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

Approved April 22, 1864. 

An Act to amend an act concerning railroad returns and QJian. 167 

REPORTS. "' 

Be it enacted, ^'c, as follows: 

Section 1. Every railroad corporation required by law lunroad corpor- 
to furnish annually to the secretary of the Commonwealth, forprin°tmg^ fnd 
a report of their doings under their charter, shall, annually, ^eporu! ''°°"*' 
at the time of furnishing such report, pay to the secretary 
the sum of twenty dollars, which shall be paid over by him 
to the treasurer of the Commonwealth, and shall be appro- 
priated to the payment of the expenses incurred in the 
printing and binding of the reports of the several railroad 
corporations, under the provisions of chapter one hundred 
and thirty-five of the acts of the year eighteen hundred and 
sixty-two. 

Section 2. Every railroad corporation neglecting to Forfeiture for 
make such payment, at tiie time prescribed for furnishing ""'5'""''' 
the annual report, shall forfeit to the use of the Common- 
wealth, fifty dollars for each day's neglect, to be recovered 
by the treasurer. 



108 1864.— Chapter 168. 



Lessees of rail- SECTION 3. Everj pailroad corporation which has leased 

returns!" ""^ ^ the raih'oad of any other corporation shall, during the con- 
tinnance of such lease, make all the returns to the secretary 
of the Commonwealth required of the lessor, and shall pay 
the sum required by the first section of this act, for printing 

Lessors exempt, tlic samc ; and during the continuance of such lease the 
said lessor shall not be required to make such returns, or 

Proviso. payment : provided, that when requested by the lessee, the 

lessor shall furnish all the information in its possession, 
needed to make such returns. 

Returns, when SECTION 4. Tho anuual rctums of the several railroad 

tdbuted*"'^ '^^' corporations, required by section two of chapter one hundred 
and thirty-five of the acts of tiie year eighteen hundred and 
sixty-two, to be printed and distributed to the legislature, 
shall be so printed and distributed, before the tenth day of 
February in each year. 

Repeal. SECTION 5. So much of chapter one hundred and thirty- 

five of the acts of the year eighteen hundred and sixty-two 
as is inconsistent herewith, is hereby repealed. 

Approved April 22, 1864. 

Chap. 168 ^^ ^^^ RESPECTING THE SALE AND INVESTMENT OF TRUST ESTATES. 

Be it enacted, &,-€., as follows : 

S.J. Court may SECTION 1. The supremc judicial court may, upon peti- 

petiuon*as°upon tiou of a trustcc or other party interested in any real estate 

suits in equity. |jg|(j j,j trust, dccrcc a salc and conveyance of such real 

estate and investment of the proceeds, when such sale and 

conveyance shall appear to be expedient or necessary, in the 

same manner as they may now do upon a suit in equity. 

Proceedings for SECTION 2. Whcu any proccediugs have been, or shall 

of'saTe,°fotice7n hcrcafter be, commenced under either the fourteenth or 

certain cases. sixtceutli scctious of chaptcr ouc liundrcd of the General 

Statutes, or under this act, for obtaining an order or decree 

directing the sale of any trust estate, if it shall appear to 

the court that said estate may be lield in trust for, or that 

any remainder or contingent interest may be devised or 

limited over to heirs at law, or to other persons, whether in 

being or not in being, notice of such proceedings shall be 

given to such heirs at law or persons, and if such persons 

are not in being, to the parent or parents of such persons. 

Court shall ap- in such manucr as the court shall order. The court shall, 

ofhelr'!^^*^"^''* in such case, appoint a suitable and competent person to 

appear and act as the next friend of such heirs or persons 

in such proceedings, the cost of whose appearance and ser- 

compensation of viccs, iiicluding compcusation of counsel, to be determined 

counsel. ]jy jj^q court, sliall be paid as the court may order, either 



1864.— Chapters 169, 170. 109 

out of the trust estate, or by the persous commencing such 
proceedings, in which latter case execution may issue there- 
for in the name of the person appointed. An order or decree Decree in pro- 
made in any such proceedings, and any sale or transfer o(&n^L^^^°^^ 
property thereunder, shall be conclusive upon all persons 
for whom such property, or any remainder or contingent 
interest therein, is held in trust, or to Avhom the same is 
devised or limited over, in the same manner as if they had 
been in being and appeared and answered in the case, or 
assented to the order or decree. 

Section 3. Chapter twenty-fifth of the acts of the year Repeal. 
eighteen hundred and sixty-three is hereby repealed, but 
such repeal shall not aifect any rights accrued, or any process 
now pending. 

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

Approved April 22, 1864. 

Ax Act in relation to discharged convicts. Chan 169 

Be it enacted, Sj-c, as follows: 

Section 1. Sections forty and forty-one of chapter oen. stat., ch. 
seventy-one of the General Statutes are hereby repealed. pea/ed. ' '^^ 

Section 2. Section forty-two of said chapter is hereby convicts disabled 
amended, so that it shall read as follows : Any convict who, se"ntTn^ce?'how''^ 
at the legal expiration of his sentence is in a condition, from P'^°''<ie'i f^"^- 
bodily infirmity or disease, to render his removal impracti- 
cable, shall be provided for and receive such treatment in 
the state prison, jail or house of correction, as the exigency 
of the case may require, until he is in a condition to be 
removed. And the expense of such care and treatment of Expense, how 
any discharged convict shall be paid by the city or town where ^""^^ 
he may have a legal settlement, or, if he is a state pauper, 
by the Commonwealth. Approved April 22, 1864. 

An Act relating to rainsford island hospital. Chat) 170 

Be it enacted, Sfc, as follows : 

Section 1. Soldiers enlisted in the army of the United sowiera sick with 
States, who, while in the Commonwealth, may be sick with eZ'rRoverno'?" 
any contagious or infectious disease, and needing hospital °'»y "'i"^''- 
treatment, may be admitted to Rainsford Island Hospital, 
upon the certificate of the governor. 

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

Approved April 25, 1864. 



no 



1864.— Chapter 171. 



Chap 171 



Act amended 
vith respect to 
certain towns. 



Suffolk county. 
Essex. 



Hampshire. 



Hampden. 
Berkshire. 



County appor- 
tionment. 



An Act to amend the act establishing the polls and estates 
of the several cities and towns of the commonwealth op 

MASSACHUSETTS. 

Be it enacted, §^e., as follows : 

Section 1. Chapter one hundred and ten of the acts of 
the year one thousand eight hundred and sixty-one is hereby 
so amended that the amount apportioned according to the 
provisions of said act, of a tax of one thousand dollars upon 
the cities and towns named in this act, shall be fixed at the 
sums hereinafter named, to wit, (tax of one thousand dollars, 
including polls at half a mill each :) 

Boston, three hundred and sixteen dollars and fifteen 
cents ; Chelsea, seven dollars and eighty-five cents ; Lynn, 
eleven dollars and eight cents ; Salem, sixteen dollars and 
forty-two cents ; South Danvers, four dollars and sixteen 
cents ; Charlestown, seventeen dollars and forty-two cents ; 
Cambridge, twenty-two dollars and twenty-nine cents ; Bel- 
mont, two dollars and twenty-three cents ; Newton, seven 
dollars and eighty cents ; Waltham, five dollars and sixteen 
cents ; Woburn, four dollars and thirty-one cents ; Fitchburg, 
four dollars and fifty-six cents ; Worcester, nineteen dollars 
and ninety-three cents ; Northampton, four dollars and 
thirty-one cents; Easthampton, one dollar and eight cents ; 
Springfield, ten dollars and twenty-seven cents ; Chicopee, 
three dollars and fifty-six cents ; Adams, three dollars and 
twenty-two cents ; Great Barrington, two dollars and eigh- 
teen cents ; Hinsdale, seventy-four cents ; Stockbridge, one 
dollar and fifteen cents ; Pittsfield, five dollars and seventy- 
two cents ; Dorchester, eleven dollars and fifty-five cents ; 
Franklin, one dollar and five cents ; West Roxbury, eight 
dollars and sixty-four cents ; Milton, three dollars and fifty- 
seven cents ; Fall River, fourteen dollars and twenty-three 
cents. 

The amounts apportioned by" said act for the tax of one 
thousand dollars for the several counties hereinafter named, 
are hereby amended so as to stand as follows : 

Suffolk, three hundred and twenty-five dollars and thirty- 
four cents ; Essex, one hundred dollars and eighteen cents; 
Middlesex, one hundred and fifty-four dollars and fifty-five 
cents ; Worcester, ninety-two dollars and twenty cents ; 
Hampshire, twenty-one dollars and fifty-seven cents ; Hamp- 
den, thirty-two dollars and twenty cents ; Berkshire, twenty- 
nine dollars and forty-one cents ; Bristol, seventy-two dollars 
and ninety-six cents ; Norfolk, ninety-five dollars and 
seventy-nine cents. 

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

Approved April 25, 1864. 



1864.— Chapters 172, 173. Ill 

An Act to prevent fraudulent evasions of taxation. Chap. 172 
Be it enacted, §'c., as follows: 

Section 1. Any inhabitant of tins Commonwealth who Penalty for con- 
shall escape taxation by wilfully and designedly changing or dencT°* °^''^"' 
concealing his residence, or by any other act, with the intent 
so to escape, shall be liable, upon conviction therefor, to pay 
a fine of twice the amount of the last tax paid by such 
person ; or if he shall have paid no tax in this Common- 
wealth, a fine of not less than one hundred, nor more than 
five thousand dollars. 

Section 2. Any person offending against the provisions jurisdiction of 
of this act may be indicted and tried in any county where ''^^°''®' 
any of the acts or things made criminal by this act are done, 
or in the county where such person is liable to taxation. 

Approved April 25, 1864. 

An Act to authorize the adjustment of controversies as to Chai), 173 

THE ESTATES OF PERSONS DECEASED. "' 

Be it enacted, §'c., as follows : 

Section 1. The supreme judicial court, sitting in equity, s.j. court may 
may authorize the persons named as executors in any instru- ^ors'^to'^/usTb'y 
ment purporting to be the last will and testament of any comiromlse?" 
person deceased, to adjust, by arbitration or compromise, 
any controversy that may arise thereon between the persons 
claiming as devisees or legatees under such will, and the 
persons entitled to the estate of the deceased under the 
statutes regulating the descent and distribution of intestate 
estates ; to which arbitration or compromise the persons 
named as executors, those claiming as devisees or legatees, 
and those claiming the estate as intestate shall be parties. 

Section 2. If it shall appear to the court that any future Future contin- 
contingent interests, which would arise under said will, if f„"der'wuSow 
admitted to probate, would be affected by the arbitration or represented. 
compromise, the court shall appoint some suitable person, 
or persons, to represent such interests in such controversy. 
The court shall have like power as to any bequests made in 
said will for charitable purposes, where no trustees have 
been appointed in the instrument ; in both cases with such 
conditions as to costs as to the court shall seem equitable. 

Section 3. Any award or compromise made in writing Award or com- 
in such cases, shall, if found by the court to be just and llToTrt^ioTe"'^ 
reasonable in relation to tiie parties in being and to its effects vi'iia and bind- 
upon any future contingent interests that might arise under 
such will, and any bequests to charities made in the same, 
be valid and binding upon such interests and upon such 
bequests, as well as upon the interests of all persons in being. 



112 1864.— Chapters 174, 175, 176. 

Act, how con- SECTION 4. This Bct sliall not be so construed as to impair 

the claims of creditors against the estate of any person 
deceased. Approved April 25, 1864. 

Chap. 174 An Act concerning highway surveyors, fence viewers, 
"' constables and field drivers. 

Be it enacted, Sfc, as follows : 

Vacancies in SECTION 1. Whenever a vacancy occurs in the office of 

office, how filled, ijjgjj^^y surveyor, fence viewer, constable or field driver, in 
any town, the selectmen thereof may, in their discretion, 
appoint some suitable person to fill the vacancy. 

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

Approved April 25, 1864. 



Chap. 175 



An Act to establish the boundary line between the towns 
of douglas and uxbridge. 

Be it enacled, Sj-c, as follows: 

Boundary de- SECTION 1. Tlic northerly portiou of the boundary line 

between the towns of Douglas and Uxbridge shall henceforth 
be established as follows : beginning at a stone post erected 
about the year eighteen hundred and twenty-nine, at the 
south-west corner of the Murdock farm, and in the south 
line of the Bradstreet grant, and being the most southerly of 
four stone posts erected for the purpose of designating part 
of the west line of Uxbridge ; thence on a straight line 
drawn from said post to a stone post erected by the select- 
men of Uxbridge and Sutton to mark the north-west corner 
of Uxbridge, being the most northerly of said four posts, 
northerly to Sutton line. 

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

Approved April 25, 1864. 

Chap. 176 -^^ -^^^ ^^ ADDITION TO AN ACT FOR SUPPLYING THE CITY OF 
"' CHARLESTOWN WITH PURE WATER. 

Be it enacted, Sfc, as follows : 

ad/i«^na/wrter SECTION 1. The city couucil of the city of Charlestown 

bonds"''* ''^ is hereby authorized to issue water bonds of the city of 

Charlestown to an amount not exceeding two hundred 

thousand dollars, in addition to the amount now authorized 

by the eleventh section of chapter one hundred and five of 

Appropriation of thc acts of the year eighteen hundred and sixty-one. The 

proceeds. bouds licrcby authorized shall be issued and the proceeds 

thereof appropriated, in accordance with and subject to, the 

provisions and conditions of said eleventh section. 

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

Approved April 25, 1864. 



1864.— Chapters 177, 178, 179. 113 

Ax Act to increase the capital stock of the American Chap. 177 

MACHINE WORKS. 

Be it enacted, §'c., as follows : 

The American Machine Works, a corporation established corporation may 

. .' . . , increase capital 

in Springfield, is authorized to increase its capital stock one and reai estate. 
hundred thousand dollars, and to hold additional real 
estate to the amount of twenty thousand dollars. 

Approved April 25, 1864. 

An Act in addition to an act to incorporate the fall river Qfiap, 178 

AND warren railroad COMPANY. ^ * 

Be it enacted, ^-c, as follows : 

Section 1. Tiie time for constructing the road of the Time for con- 
Fall River, Warren and Providence Railroad Company, LmTed""^^' 
originally incorporated by the name of the Fall River and 
Warren Railroad Company, is hereby extended to the first 
day of September in the year eighteen hundred and sixty- 
five. 

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

Approved April 25, 1864. 
An Act to unite the towns of Salisbury and amesbury, and Chap. 179 

TO INCORPORATE THE TOWN OF MERRIMAC. 

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

Section 1. From and after the first Monday of March, ^"^^".j *^ .""'^ 
in the year one thousand eight hundred and sixty-five, the March, ises, un- 
corporate powers of the towns of Salisbury and Amesbury, ri^ma^""' "^ '^^'""' 
in the county of Essex, as separate towns, shall cease to 
exist, and all the territory comprised within the limits of 
said two towns shall constitute one town by the name of 
Merrimac, with all the corporate powers and privileges, 
duties, liabilities and restrictions, belonging to towns under 
the constitution and laws of this Commonwealth, and having 
the same boundaries as have heretofore designated the lines 
of said two towns, except that by which they have been 
separated ; and all persons having gained or derived a settle- 
ment within either of said towns of Salisbury or Amesbury, 
shall be deemed to have such settlement within said town of 
Merrimac. • 

Section 2. All the property, uncollected taxes and Property and 
assets, lield by each of said towns of Salisbury and Ames- transferred, 
bury when this act takes effect, shall become the property 
and assets of, and all debts due from said towns at tliat time 
shall liccome debts due from, said town of Merrimac: 
provided, /loivever, that a fair and impartial valuation of I'roviso. 
said j)roperty and assets of each of said towns shall be 
made; and also the true amount of the indebtedness of 
15 



114 



1864.— Chapter 179. 



Value of proper- 
ty and amount 
of debts, how 
ascertained and 
agreed upon. 



Election dis- 
tricts. 



Support of pau- 
pers. 



Uncollected 

taxes . 



School districts. 



each shall be ascertained, and the amount of the assets of 
each shall be deducted from their indebtedness, and any- 
excess of indebtedness of either town over the other shall 
be assessed upon and paid by the inhabitants and estates of 
the town where such excess shall be found to exist ; and 
said sum shall be assessed by the assessors, and collected by 
the collector of said town of Merrimac, and paid to the 
treasurer of said town, as in the case of other town taxes. 

The valuation of said property and assets, and the amount 
of the indebtedness of said towns shall be ascertained by 
the boards of selectmen of the two towns for the current 
year, in joint meeting ; and in case of their disagreement, 
or failure to do so before this act takes effect, then the 
selectmen of said town of Merrimac sliall make application 
to the superior court for the county of Essex, at its first 
sitting thereafter; and said court is hereby authorized, and 
shall appoint three disinterested persons, who shall deter- 
mine said valuation and indebtedness, and may hear the 
parties upon any matters of disagreement relating to the 
affairs of the two towns, and make award thereon ; which 
award, when accepted by the court, shall be final. 

Section 3. The united valuations of said towns of Salis- 
bury and Amesbury, as fixed by the last decennial state 
valuation, shall be held to be the valuation of said town 
of Merrimac, until the next state valuation ; and said town 
of Merrimac shall constitute a part of the same election 
districts, as said towns of Salisbury and Amesbury were 
assigned to under the last state apportionment, until a new 
apportionment is made. 

Section 4. All paupers being relieved or supported by 
said towns of Salisbury and Amesbury, when this act takes 
effect, shall receive such relief or support thereafter from 
said town of Merrimac. 

Section 5. All taxes remaining uncollected in either 
of said towns, wiien this act takes effect, shall be collected 
by any duly authorized collector of taxes in said town 
of Merrimac, in the same manner as is provided by law for 
the collectioir of taxes ; and .said collector shall account 
for, and pay the same to, the treasurer of said town of 
Merrimac. 

Section 6. The several school districts as now estab- 
lished in each of said towns of Salisbury and Amesbury, 
with all their duties and liabilities as such, shall remain as 
though this act had not been passed ; except that they shall 
be re-numbered, and designated as school districts in the 
town of JMerrimac. 



1864.— Chapter 179. 115 

Section 7. The boards of selectmen, assessors, overseers Records ani 

„, 111 • iiiii property of Salis- 

01 the poor and school committee, and tlie town clerks, bury and Ames- 
treasurers, collectors of taxes, surveyors of highways, and uvered'oTer.'^*' 
and all other town officers or committees of said towns 
of Salisbury and Amesbury shall, within three days after 
this act takes effect, deliver all records, books, deeds, 
vouchers, moneys, tax-bills, papers and property belonging 
to said towns, and in the possession of any of said officers, 
respectively, to the selectmen of said town of Merrimac ; and 
said selectmen shall pass said records, books, deeds, 
vouchers and property into the possession of such town offi- 
cers of said town of Merrimac as are by law properly 
entitled to their custody. 

Section 8. The selectmen of the two towns of Salisbury Meeting for 
and Amesbury for this current year, by a joint warrant etc".""^" 
under their official signatures, directed to a constable of each 
of said towns, shall call a town meeting of said town of 
Merrimac, to be holden on the first Monday of March in the 
year one thousand eight hundred and sixty-five, for the pur- 
pose of choosing all usual and necessary town officers for the 
year ensuing, and transacting all business usually done at the 
annual March or April town meetings in this Commonwealth, 
and to pass upon any matters whicli may be deemed expe- 
dient for the purpose of carrying out the provisions of tliis 
act ; which warrant shall be posted in the usual places for warrant, 
posting town meeting warrants in each of said towns, four- 
teen days at least before the time for holding said meeting ; 
and said warrants shall be certified in manner as is provided 
by law, and returned to said boards of selectmen at the 
time and place of said meeting ; and the senior chairman of 
said boards present shall call said meeting to order, and 
preside until the election of a town clerk and moderator ; 
and said boards of selectmen shall prepare a list of the 
qualified voters in their respective towns, which lists shall Li?t of qualified 
be used in said meeting as is required by law in town ''°'^"' 
elections. 

Section 9. This act shall not take effect unless the Act void «nie<s 
inhabitants of said towns of Salisbury and Amesbury, ?er» o^bot'h '^''" 
respectively, qualified to vote in town alfiiirs, shall accept '^'''"''• 
the same at a legal town meeting called for that purpose, by 
a majority of the voters present and voting thereon ; which ^'^;',^j""S' ^^^° 
meeting shall be held in each of said ,towns on the tiiird 
Monday of June next ; and the vote shall be expressed by a 
written or printed ballot of i/ea or nai/ ; and the check-list 
shall bo used as in the election of town officers. 

Approved April 30, 18G4. 



116 1864.— Chapters 180, 181, 182. 

Chap. 180 ^^ ^^"^ RELATING TO BANKS HOLDING STOCK OF THE BANK OF 
-* ' MUTUAL REDEMPTION. 

Be it enacted^ ^'c, as follows : 
May continue, SECTION 1. Ally baiik incorporated by the laws of tliis 

Organized under statc, lioldiiig stock of tlic Baiik of Mutiial Redemption, in 
U.S. laws. ^Y\Q city of Boston, may continue to hold the same in case 
said Bank of Mutual Redemption shall become a banking 
association, under the provisions of any act of congress. 
May sell and SECTION 2. Li casc the Baiik of Mutual Redemption 

transfer. ^\\q\\ votc to bccome a banking association, under the provi- 

sions of any act of congress, any bank holding stock of that 
bank may thereupon sell and transfer the same, or any part 
thereof, to any person, and such person may become the 
holder of the same. 

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

Approved April 29, 1864. 

Chap. 181 -A-N Act to confirm certain acts done by henry rice as a 

JUSTICE OF THE PEACE. 

Be it enacted, Sfc, as follows : 

Acts done SECTION 1. All acts douc by Henry Rice of Boston, 

^627and ^an'. li, csquirc, as a justice of the peace within and for the county 

'64, confirmed. ' ^f Suffolk, betwecu thc eighth day of October in the year 

eighteen hundred and sixty-two, and the eleventh day of 

January in the year eighteen hundred and sixty-four, are 

hereby made valid and confirmed to the same extent as they 

would have been valid had he been during the interval duly 

qualified to discharge the duties of the said office. 

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

Approved April 30, 1864. 

Chap. 182 -^^ Act TO confirm certain acts done by oramel white as a 

JUSTICE OF THE PEACE. 

Be it enacted, ^'c, as follows : 

Act^done Section 1. All acts done by Oramel White of East 

^627aud April 1,' Raiidolpli, as a justice of the peace within and for the 
'64, confirmed, gouuty of Norfol'k, betwecu the second day of June in the 
year one thousand eight hundred and sixty-two and the 
eighth day of April in the year one thousand eiglit hundred 
and sixty-four, be and the same are hereby made valid and 
confirmed to the same extent as they would have been valid, 
had he been during that interval, duly qualified to discharge 
the duties of the said office. 

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

Approved April 29, 1864. 



1864.— Chapters 183, 184. 117 

An Act to incorporate the temporary asylum for discharged Chap. 183 

FEMALE prisoners. 

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

Section 1. George B. EmeFson, Daniel Denny and corporators. 
Stephen G, Deblois, their associates and successors, are 
hereby made a corporation, by the name of the Temporary Name. 
Asylum for Discharged Female Prisoners, for the purpose 
of affording shelter, instruction and employment to Purpose, 
discharged female prisoners, with all the powers and privi- Powers aDd du- 
leges, and subject to all the duties, liabilities and restric- ''"*■ 
tions, set forth in all general laws, which now are or may 
hereafter be in force, relating to such corporations. 

Section 2. Said corporation may take and hold real and Estate. 
personal property, not exceeding in value fifty thousand 
dollars, for the purposes aforesaid. 

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

Approved April 30, 1864. 

An Act to authorize the new London northern railroad Qhftv) IftJ. 
company to change the location of a portion of its road. -t 

Be it enacted, ^-c, as follows: 

Section 1. The New London Northern Railroad Company May change and 
is hereby authorized and empowered to change the location Paimer!''*''' '" 
of that portion of its road in the town of Palmer, which lies 
between a point near the dividing line of the counties of 
Hampshire and Hampden, and a point near the " Burley 
Bridge," so called, by locating and constructing a railroad 
between said points, within the limits of the original act of 
incorporation, in such manner and over such lands, as the 
directors of said company may deem expedient : such loca- shaiitiie location, 
tion shall be filed within one year from the passage of this 
act. 

Section 2. Said company may discontinue that part of May discontinue 
its present road which lies between a point near the dividing Seelilvfrs."^ 
line of the counties of Hampshire and Hampden, and the 
southerly side of the highway near their station at the village 
of Three Rivers. 

Section 3. In locating, constructing and maintaining, Rights and du- 
tlie railroad hereby authorized, said company shall have all '"'^" 
the rights and privileges, and be subject to all the duties, 
liabilities and restrictions, given or imposed by their charter, 
or by any laws which now aro or may hereafter be enacted, 
in relation to railroads and railroad corporations. 

Section 4. All persons who shall sustain any damage in Damages for land 
their property by locating, constructing or maintaining said '""""■ 
railroad, shall liave all the remedies provided by law, for 



118 



1864.— Chapters 185, 186. 



Corporators. 



Powers and du 

ties. 



persons whose land or other property is taken for tlie 
construction and maintenance of raih-oads. 

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

Approved April 30, 1864. 

Chap. 185 -^ -^^"^ "^^^ INCORPORATE THE PLYMOUTH MARINE RAILWAY 
"' COMPANY. 

Be it enacted, §'c., as follows : 

Section 1. William H. Nelson, Corban Barnes, Isaac 

Brewster, their associates and successors, are hereby made 

a corporation in the town of Plymouth by the name of the 

Plymouth Marine Railway Company, with all the powers 

and privileges, and subject to all the duties, liabilities and 

restrictions set forth in the general laws which are, or may 

be, in force relating to such corporations. 

May extend ma- SECTION 2. Said corporatiou is hereby authorized to 

hTrbor'oT^ ""° build and maintain a marine railway in the harbor of said 

Plymouth. Plymouth, at the town dock, so called, in said town, and to 

extend the same into said harbor a distance of not more 

than five hundred feet from high water mark, in such 

manner, and upon such terms and conditions, as may be 

granted to said corporation by said town of Plymouth : 

Proviso. provided, however, that nothing in this act contained shall 

be so construed as to impair the legal rights of any person 

or corporation. 

Capital stock. SECTION 3. The Capital stock of said corporation shall 

not exceed ten thousand dollars, and shall be divided into 

shares of one hundred dollars each. 

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

Approved April 30, 1864. 



Chap. 186 



Corporators. 



Name. 
Purpose. 



Powers and du- 



An Act to incorporate the beoli company. 
Be it enacted, Sfc, as folloios : 

Section 1. Henry J. Kennedy, Alvah Crocker and John 
Q. "Wright, their associates and successors, are h-ereby made 
a corporation by the name of the Beoli Company, for the 
purpose of manufacturing woolen goods, and any fabric, 
yarn or thread composed, wholly or in parts, of either wool, 
cotton, flax, silk, hemp or jute, and the machinery requisite 
therefor, in the town of Fitchburg, 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 general 
laws which are or may be in force, relating to manufacturing 
corporations. 

Section 2. The said corporation may hold, for the pur- 
poses aforesaid, real estate not exceeding the amount of fifty 



1864.— Chapters 187, 188. 119 

thousand dollars ; and the whole capital stock of said corpo- capital stock, 
ration shall not exceed two hundred thousand dollars. 
Section 3. This act shall take eifect upon its passage. 

Approved April 30, 1864. 

Ax Act to incorporate the cheney express company. Chap. 187 

Be it enacted, Sfc, as follows: 

Section 1. Benjamin P. Cheney, Phineas S. Fiske, corporators. 
Nathaniel White, their associates and successors, are hereby 
made a corporation, in the city of Boston, by the name of Name, 
the Cheney Express Company, for the purpose of forwarding Purpose, 
and transporting merchandise, money, and other property, 
collecting notes, bills, and other claims, and doing other 
express business; with all the powers and privileges, and Powers and du- 
sul)jcct to all the duties, liabilities and restrictions, set forth 
in the sixty-eighth chapter of the General Statutes, and in 
all other general laws which are or may be in force relating 
to corporations, so far as the same may be applicable to said 
corporation. 

Section 2. The capital stock of said corporation shall capuai stock. 
not exceed five hundred thousand dollars, and shall be 
divided into shares of one hundred dollars each. Said cor- Estate. 
poration may hold such real and personal estate as may be 
necessary for carrying on its business, not exceeding in all, 
the amount of its capital stock aforesaid. 

Section 3. Each stockholder in said corporation shall be stockholder's lia- 

T 1 1 <• 11 • 1 T 1 •!• • • tiility and secur- 

personaliy liable, lor all its debts and •liabilities, incurred ity. 
during the time he is a stockholder, and may be joined as 
defendant in any action therefor, against said corporation. 
Any party so liable, who pays on a judgment or otherwise, 
more than his i)roportional share of any such debt or 
liability, shall have a claim for contribution against the 
other parties personally liable therefor, and may enforce the 
same by action of contract, or bill in equity. 

Section 4. Nothing in this act contained shall be 
deemed to affect the liabilities of said corporation or its 
stockholders as common carriers. 

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

Approved April 30, 1864. 

An Act concerning the weir bridge in taunton. Chap. 188 

Be it enacted, ^'c, as follows : 

Section 1. The inhabitants of the town of Taunton are Kebuiidingof 
hereby authorized and rc(iuircd to rebuild the bridge over ^"''^''' '"^"''''^■ 
Taunton Great River, at Weir Village, in said Taunton, with 
a suitable double draw therein ; one part of said draw to be, construction of 
fi"? noir ft')' m«iv be. in t]»e centre of paid rivfr, nrd not lo^s 



120 



1864.— Chapter 189. 



Expenses of 
rebuilding. 



Maintenance. 



Repeal. 



Act, when in 
force. 



than thirty-five feet in width, the other part to be on the 
easterly side of said river, and not less than twenty-five feet 
in width ; the whole to be constructed in a substantial and 
proper manner, and to the acceptance of the county commis- 
sioners of the county of Bristol. 

Section 2. The expenses of rebuilding said bridge and 
constructing said draw, shall be paid by said town of Taun- 
ton ; and the said county commissioners may, in the exer- 
cise of their discretion, pursuant to section fifty-one of. the 
forty-third chapter of the General Statutes, order the whole 
or a part of said expenses to be repaid to said town out of the 
treasury of said county. Said bridge when rebuilt, shall be 
forever maintained, and a proper draw-tender provided 
therefor, by and at the expense of said town of Taunton. 

Section 3. The three hundred and thirty-eighth chapter 
of the acts of the year eighteen hundred and fifty-one, is 
hereby repealed. 

Section 4. This act shall take effect in ninety days after 
its passage. Approved May 3, 1864. 



Chap. 189 An Act 



Act incorporat- 
ing revived. 



Powers and du- 
ties. 



Certain acts 
contirmed. 



REVIVE AND RENEW THE CHARTER OF THE SALEM 
CHARITABLE MECHANIC ASSOCIATION. 

Be it enacted, §'c., as follows: 

Section 1. The act to incorporate the Salem Charitable 
Mechanic Association, passed on the fourteenth day of June, 
in the year one thousand eight hundred and twenty-two, 
and continued in force by the fifty-third chapter of the acts 
of the year eighteen hundred and forty-two, is hereby 
revived, and shall continue in force for the term of twenty 
years from and after the passage of this act ; and the said 
association shall continue through said term, for the pur- 
poses and objects set forth in said act of incorporation, and 
with all the powers and privileges, and subject to all the 
duties, liabilities and restrictions set forth in all general 
laws, which are or may be in force, relating to such 
corporations. 

Section 2. The acts and doings of said association, since 
the fourteenth day of June, in the year eighteen hundred and 
sixty-two, are hereby confirmed, ratified and made valid, to 
the same extent as would have been the case, had such acts 
and doings been done before the expiration of the term for 
which said act of incorporation was continued in force. 

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

Approved May 5, 186i, 



186^.— Chapter 190. 121 

An Act relating to banks sukuendkring their ciiarteiis and Chap. 190 

BECOMING BANKING ASSOCIATIONS UNDER THE LAWS OF THE 
UNITED STATES. 

Be it enacted, ^'c, as follows: 

Section 1. Any bank, established by authority of this shair give securi- 
Commonwealth, which shall avail itself of the provisions of wealth for re- 
the two hundred and forty-fourth chapter of the acts of the aestruITuonr 
year eighteen hundred and sixty-three, to become a banking ^""''• 
association under the laws of the United States shall, before 
surrendering its charter or receiving the certificate of the 
bank commissioners, as provided in the eighth section of 
said act, give security to the Commonwealth, to the satisfac- 
tion and acceptance of said commissioners, and in the 
manner provided in the sixth section of said act, that all 
bills of said bank, issued before becoming such association, 
and actually in circulation, shall be fully and promptly 
redeemed on demand by said association, and when so 
redeemed shall not be re-issued, or again put into circula- 
tion, but shall be destroyed : provided, that if at the time of Proviso, 
making the certificate aforesaid, it shall be made to appear 
to the bank commissioners, that such association cannot 
immediately procure from the comptroller of the currency 
of the United States, circulating notes to use as currency, 
in place of the bills so required to be redeemed and 
destroyed, they may authorize such association to re-issue 
and continue in circulation such outstanding bills, for a 
period, to be fixed by said commissioners, not exceeding six 
months after the date of said certificate, and not subsequent 
to the receipt and issue of such circulating notes of the 
United States, and a statement of the authority so granted 
shall be contained in said certificate. 

Section 2. The supreme judicial court shall have juris- s.j. court may 

..... ... 'x • 1 • • restrain circula- 

diction in equity to restrain and enjoni any person or corpo- tion upon appu- 
ration from circulating the bills of any bank which has commissioneri' 
closed its business, and also any bank which has surrendered 
its charter or become a banking association under the laws 
of the United States, after the time fixed, as in the preceding 
section, upon the application of the bank commissioners. 

Sfxtion 3. Banks established by authority of this Cora- Returns to s 
monwealth which become banking associations under the ° "" 
laws of the United States, shall continue to make returns to 
the secretary of the Commonwealth, for publication, of their 
outstanding circulation, so long as the same is required to 
be redeemed ; and so long as they are authorized to re-issue Tax. 
and keep their bills in circulation, under the provisions of 
the preceding section, they shall pay into the treasury of 



secre- 



tary of Common- 
weal til. 



122 



1864.— Chapter 109. 



the Commonwealth a tax, at the rate of one per cent, per 
annum, upon the capital stock of said bank during the 
period aforesaid. 
Value of shares, SECTION 4. Thc third scctiou of the two hundred and 
sionemocertify. fortj-fourth chapter of the acts of the year eighteen hundred 
and sixty-three, is hereby so amended that the bank com- 
missioners shall determine, and certify to the directors, what 
was the fair market value of the shares of such bank, at the 
time of making the certificate required by the laws of the 
United States. 

Section 5. Banks established by authority of this Com- 
monwealth may pay out the bills of any banking association 
organized under the laws of the United States, located in 
New England and making redemption in this state. 

Section 6. All necessary expenses incurred by the bank 
commissioners while in the discharge of the duties imposed 
on them by this act, and by the two hundred and forty-fourth 
chapter of the acts of the year eighteen hundred and sixty- 
three, shall be paid by the bank for the benefit of which such 
services are rendered. 

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

Approved May 5, 1864:. 



Banks may pay 
out U. S. bills of 
banks in N. E. 



Expenses bank 
commissioners. 



Chap. 191 



Town of Adams 
may issue water 
scrip in aid of. 



Interest and 
principal, wben 
payable. 



Loan of scrip. 



Scrip, how 
signed and 
recorded. 



Sale of by com- 
pany. 



An Act in aid of the north adams water company. 
Be it enacted, Src, as follows : 

Section 1. For the purpose of aiding the North Adams 
Water Company in paying all costs and expenses incurred 
in supplying the village of North Adams with pure water, 
as authorized by the act incorporating said company, the 
town of Adams shall have authority to issue, from time to 
time, notes, scrip or certificates of debt, to be denominated 
on the face thereof " North Adams Water Scrip," to an 
amount not exceeding forty thousand dollars, and bearing 
interest at a rate not exceeding the legal rate of interest in 
this Commonwealth. Said interest shall be payable semi- 
annually, and the principal shall be payable at periods not 
more than thirty years from the issuing of said notes, scrip 
or certificates respectively. Said notes, scrip or certificates 
may be loaned to said water company upon such terms and 
conditions as may l)e Ity the town of Adams prescribed. 

All notes, scrip and certificates of debt issued as aforesaid, 
shall be signed by the treasurer of said town and counter- 
signed by the chairman of the selectmen, and a record of all 
such notes, scrip and certificates shall be made and kept by 
the said treasurer. Said water company may sell the same 
or any part thereof, from time to time, or pledge the same 



1864.— Chapter 192. US 

for money borrowed for the purposes aforesaid ; but the 
same shall not be sold or pledged at less than the par value 
thereof. 

Section 2. The town of Adams is hereby authorized to Taxes for pay- 
assess and collect upon the polls and estates, real and per- ^o^aiiTterest.'"'"'' 
sonal, in the fire district of North Adams, all taxes necessary 
to pay the principal and interest of the notes, scrip and 
certificates issued and loaned as aforesaid. 

Section 3. There shall be a legal meeting of the voters Acceptance of 
of said fire district, called within four years after the passage voters ortire^^ '*'^ 
of this act, for the purpose of having said voters give in their to!;^'^.''' *"'' 
written votes on the question, whether they will accept this 
act ; and if two-thirds of said votes shall be in the affirma- 
tive, then tlie selectmen of the town of Adams shall warn a 
meeting of the voters of said town within three months there- 
after, for the purpose of having said voters give in their 
written votes upon the question, whether they will accept 
thesame; and if two-thirds of said votes given upon the 
question aforesaid shall be in the affirmative, then this act 
shall be binding, otherwise it shall be void. 

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

Approved May 5, 1864. 

An Act to ixcorporate the new Bedford and fall river Chan. 192 

RAILWAY COMPANY. J ' <^ -^ 

Be it enacted, SjC, as follows: 

Section 1. James D. Thompson, John R. Thornton, corporators. 
John H. Perry, George A. Bourne, Richard Borden, Jeffer- 
son Borden, James Y. Smith, Earl P. Mason, their associates 
and successors, are hereby made a. corporation by the name 
of the New Bedford and Fall River Railway Company ; with Name. 
all the privileges and subject to all the duties and liabilities Powers and du- 
set forth in the sixty-third and sixty-eighth chapters of the *"'^' 
General Statutes, and in all general laws which 'have been 
or may hereafter be passed relating to railroads and railroad 
corporations. 

Section 2. The said company may locate, construct and Location of road 
operate a railway, commencing at a point in the city of New '^'^^'e^ated. 
Bedford on the Acushnet River north of Howland's oil factory, 
thence running in a westerly direction on the south side of 
Allen Street in said city, crossing Fresh River south of the 
village of North Dartmouth, thence westerly crossing AVcst- 
port River between Westport village and Wcstport fiictory, 
thence across Watuppa and Cook's ponds in Fall River to a 
point on the Old Colony and Newport Railway, near tlie 
new Linen Mill in the city of Fall River. Said company 112^^""^ 



1-24: 



1864.— Chapter 193. 



May use tracks 
ofO. C. andN. 
Company. 



Capital stock. 



Act void unless. 



may extend their road in the city of New Bedford northerly 
along South Front Street, to the northerly terminus thereof, 
and thence easterly to the Acushnet River : provided said 
company shall not lay their rails, along said street without 
first obtaining the assent thereto of the city council of New 
Bedford. And said railway, so far as it is laid in said street, 
shall be subject to all the provisions of law that relate to 
street railways. 

Section 3. Said company may with the consent of the 
Old Colony and Newport Railway Company, and not other- 
wise, enter upon and use the railway of said last named 
company, subject to the general laws relating to railroads 
and railroad corporations. 

Section 4. The capital stock of said New Bedford and 
Fall River Railway Company shall be fixed by said company 
at an amount not less than three hundred thousand dollars, 
nor more than five hundred thousand dollars, and when so 
fixed shall not thereafter be changed ; and shall be divided 
into shares of one hundred dollars each. Said company 
may purchase and hold such real estate as may be necessary 
for the purposes for which it is incorporated. 

Section 5. This act shall be void unless the said rail- 
road be located within two years, and constructed within 
three years, from the passage hereof. 

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

Approved May 5, 1864. 



Chap. 193 



Corporators. 



Xame. 
Purpose. 



Powers and du- 
ties. 



Capital Stock. 



An Act to incorporate the eastern express company. 
Be it enacted, ^'c, asfulloios : 

Section 1. John R. Hall, James N. Winslow, Francis 
W. Carr, their associates and successors, are hereby made a 
corporation, in the city of Boston, by the name of the 
Eastern Express Company, for the purpose of forwarding 
and transporting merchandise, money, and other property, 
collecting notes, bills, and other claims, and doing other 
express business ; with all the powers and privileges, and 
subject to all the duties, liabilities and restrictions, set forth 
in the general laws which are or may be in force, relating 
to corporations, so far as the same may be applicable to said 
corporation. 

Section 2. The capital stock of said corporation shall 
not exceed two hundred thousand dollars, and shall be 
divided into shares of one hundred dollars each. Said 
corporation may hold such real and personal estate as may 
be necessary for carrying on its business, not exceeding in 
all the amount of its capital stock aforesaid. 



1864.— Chapters 194, 195, 196. 125 

Section 3. Each stockholder in said corporation shall be Liability and se- 
personally liable for all its debts and liabilities incurred liowers" 
during the time he is a stockholder, and may be joined as 
defendant in any action therefor against said corporation. 
Any party so liable, who pays, on a judgment or otherwise, 
more than his proportional share of any such debt or liabil- 
ity, shall have a claim for contribution against the other 
parties personally liable tlierefor, and may enforce the same 
by action of contract or bill in equity. 

Section 4. Nothing in this act contained shall be deemed Act, how con- 
to affect the liabilities of said corporation, or its stockholders, ^"''""'• 
as common carriers. 

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

Approved May 5, 1864. 

Ax Act coxcernixg the discharge of coxvicts. Chop. 194 

Be it enacted, Sfc, as follows : 

Section 1. When the term of imprisonment of a convict Discharge, when 
in any prison or house of correction in the Commonwealth ^uTday?*''^* °° 
shall expire on Sunday, such convict shall be discharged on 
the Saturday next preceding. 

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

Approved May 5, 1864. 

An Act coxcerxixg the election of toavn officers. Chan 195 

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

Section 1. The election of moderator and town officers Elections in i864 
heretofore made at the town meetings in the several towns ^'^s*"^®'*- 
in the Commonwealth, in the year eighteen hun(Jred and 
sixty-four, so far as the same may appear illegal, for the 
reason that the check-list was not used iii the said elections, 
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 jjassage. 

Approved May 5, 1SG4. 

An Act coxcerxixg the form of policies of fire ixsurance. QJidv) JQg 
Be it enacted' Si'' c, as follows : 

Section 1. In all insurance against loss by fire hereafter conditions shaii 
made by companies chartered or doing business in this Com- cy alTd^a^ttisted '" 
monwealth, the conditions of the insurance shall be stated ^y officers, 
in the body of the policy, and neither the application of the 
insured nor the by-laws of the company shall be considered 
as a warranty or a part of the contract, except so far as they 
are incorporated in full into the policy, and so appear on its 
face, before the signatures of the officers of the company. 



126 1864.— Chapters 197, 198, 199. 

Repeal. SECTION 2. Cliapter one hundred and fifty-two of the 

acts of the year eighteen hundred and sixty-one is hereby 
repealed. Approved May 5, 1864. 

Chap. 197 -A-N Act to secure to married women policies of life insur- 

■^ ANCE ASSIGNED FOR THEIR BENEFIT. 

Be it enacted, §'c., asfolloivs: 
Policies shall A poHcy of insurauce on the life of any person, duly 

Lnd'chudw" assigned, transferred or made payable to any married 
creditorsof other womau, or to any person in trust for her or for her benefit, 
parties. whethcr such transfer be made by her husband or other 

person, shall inure to her separate use and benefit, and that 
of her children, independently of her husband or his cred- 
itors, or of the person effecting or transferring the same or 
ProTiso. his creditors : provided, however, that if the premium on 

such policy is paid by any person with intent to defraud his 
creditors, an amount equal to the premium so paid, with 
interest thereon, shall inure to the benefit of said creditors, 
subject, however, to the statute of limitations. 

Approved May 5, 1864. 

Chap. 198 -^^ -^^'^ CONCERNING TRUST ESTATES OP MARRIED WOMEN. 

Be it enacted, Sj-c, asfolloivs: 

Accumulation of A married woman entitled to receive the income of any 

d^ed^oYby estate held by trustees under a will or deed, or by appoint- 

wiu or otherwise, mcut of the suprcmc judicial court, may dispose of any 

accumulation of such income in the hands of such trustees, 

during her lifetime, or by will or appointment, to take effect 

after hen decease, in like manner and with like effect, as she 

Trustees may be might disposc of the pHucipal estate ; and such trustees 

hoidor hfvest. may with her written consent, hold or invest such income 

upon the same trusts as the principal estate is held or 

invested. Approved May 5, 1864. 

Chap. 199 An Act to incorporate the morning star beneficial society. 

Be it enacted, ^'c, as follows: 
Corporators. SECTION 1. Calcb Handy, Noah Tillson, and William H. 

Hall, their associates and successors, are hereby made a 
Name. corporatiou, by the name of the Morning Star Beneficial 

Purpose. Society of New Bedford, for the purpose of affording by 

means of a stated contribution from the members pecuniary 

assistance to each other in times of sickness, with all the 
Powers and du- powci's and privileges, and subjcct to all the duties, liabili- 
ties, ties and restrictions, set forth in all general laws which now 

are or may be in force, relating to such corporations. 
Estate. Section 2. Said corporation may take and hold, for the 

purposes aforesaid, real and personal estate, to an amount 

not exceeding ten thousand dollars. Approved May 5, 1864. 



1864.— Chapters 200, 201. 127 

Ax Act concerning the conway fire insurance company of Chap. 200 

BOSTON, 

Be it enacted, ^'c, as follows: 

Section 1. The Conway Fire Insurance Company of jl^'^^^®^?^^*^"''^' 
Boston, is and shall be, in all respects, a corporation distinct MuTuafcrof 
from the Conway ^lutiial Fire Insurance Company of Con- ^'°°™y- 
way, and may make insurance against fire and marine 
losses ; with all the powers and privileges, and subject to all Powers and du- 
liabilities and restrictions, relating to stock insurance 
companies in this Commonwealth. 

Section 2. The Conway Fire Insurance Company of May increase 
Boston is hereby authorized to increase its capital stock, by ""^^ 
adding thereto a sum not exceeding one hundred and fifty 
thousand dollars. 

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

Approved May 5, 1864. 

Ax Act concerning the records of corporations and returns Chap. 201 

TO assessors. ■^' 

Be it enacted, §'c., as follows : 

Section 1. Every corporation established within this corporation shaii 
Commonwealth, by special charter, or organized under the terTames an!f "" 
general laws thereof, and having a capital stock divided into shawhoTdeK. 
shares, shall register the names and residences of all its 
shareholders, and all changes therein of which it is notified; 
shall issue no certificate of stock to a shareholder, or pur- 
chaser of a share, until he informs the corporation of his 
actual place of residence; shall pay no dividend to a share- 
holder whose actual place of residence is unknown, or has 
become uncertain, until he informs the corporation thereof; 
and shall, annually, between the first and tenth days of Annual reports 
;May, return to the assessors of each and every city and spedficauons 
town in this Commonwealth, the names in their alphabetical '■♦'i"''^^'^- 
order and the residences of all its shareholders, on the first 
day of said month, the number of shares belonging to each 
on said day, the par and cash market value of each share, 
the whole amount of the capital stock of the corporation, 
and the amount of its real estate and machinery, if any, 
subject to assessment on said first day of May, as last valued 
and assessed to it in the city or town where its place of 
business is located. 

Section 2. Every such corporation, holding on the first shares and bonds 
day of May, shares of corporate stock or bonds of any how renXr^d"" 
description, as collateral security for borrowed money, or 
otiier lial)ility, shall at the same time and in like manner, 
return to the assessors of each and every city and town in 



128 1864.— Chapter 202. 

this Commonwealth, the whole number of shares and bonds 
of all kinds so held, the names and residences of the persons 
pledging the same, and the number, denomination, and the 
par and cash market value, if known, of the shares and 
bonds pledged by each. 
Penalty for fail- SECTION 3. Auj corporatiou neglecting or refusing to 
reTurn"" ^'''"' make the returns required by this act, or wilfully making a 
return which is materially false or defective, shall forfeit for 
each offence a sum of not less than fifty nor more than one 
thousand dollars, to be recovered by an action of tort to the 
use of any city or town- in which a shareholder resides. 
Forfeiture for act SECTION 4. Any sliarcholdcr who, with intent to avoid 
with'fniuduten7 taxatlou, fraudulcutly transfers a share of corporate stock, 
hohTer''^^'^'"'^" °^' fraudulently causes or procures a certificate of a share to 
be issued to any person other than himself, or in any name 
other than his own ; or refuses to inform, or wilfully misin- 
forms, the corporation respecting his name or residence; or, 
having changed his residence to another city or town in this 
Commonwealth, wilfully omits to give notice thereof to any 
corporation in this Commonwealth in which he is a share- 
holder, shall forfeit one-half of the par value of the shares so 
transferred, issued or owned by him in the stock of such 
corporation, to be recovered by an action of tort to the use 
of the city or town in which he resides. 
Returns, present SECTION 5. Any corporatlou rcquircd by this act, and 
3ear unng ay. ^^^^ hcrctofore rcqulrcd, to make returns as herein provided, 
or required by this act to make returns in addition to, or 
different from, those heretofore required, may make such 
returns the present year at any time during the month of 
May. 
Repeal- SECTION 6. Scctions twenty, twenty-one, twenty-two and 

twenty-three, of chapter sixty-eight of the General Statutes; 
chapter one hundred and twenty of the acts of the year 
eighteen hundred and sixty-one ; chapters eighty-six and 
one hundred seventy-four of the acts of the year eighteen 
hundred and sixty-two, and chapters one hundred nineteen 
and two hundred forty-seven of the acts of the year eighteen 
hundred and sixty-three, are hereby repealed. 

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

Approved May 7, 1861. 
Chan. 202 ^^ ^^'^ concerning the state reform school and the nau- 

^ ' TICAL BRANCH THEREOF. 

Be it enacted, ^'c, asfolloios: 
Gen. stats., ch. SECTION 1. Scctious seveiitccn, eighteen, twcnty-ono and 
70 amended. twenty-six of tlic scveuty-sixth chapter of the General 



1864.— Chapter 203. 129 

Statutes, shall apply to boys between the ages of seven 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 seven and fourteen 
years, nor to the nautical branch thereof unless he is 
between the ages of twelve and eighteen years. 

Section 3. Sections one and two of the one hundred and Repeal, 
thirty-ninth chapter of the acts of the year eighteen hundred 
and sixty-three are hereby repealed. 

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

Approved May 7, 1864. 

Ax Act to incorporate the American wheat compaxv. Chap. 203 

Be it enacted, ^"c, as follows : 

Section 1. Linus Child, John H. Blake and Charles L. corporators. 
Flint, their associates and successors are hereby made a cor- 
poration in the city of Boston, by the name of the American Name. 
Wheat Company, for the purpose of manufacturing and Purpose, 
selling machinery for removing bran and cleansing wheat 
and other grains, with authority to purchase the letters- 
patent of "Bentz's Unbranners," and to manufacture under 
the same ; and for this purpose shall have all the powers Powers and du- 
and privileges and be subject to all the duties, restrictions *'"*'■ 
and liabilities set forth in the general laws which are or 
may be in force relating to manufacturing corporations. 

Section 2. The said corporation shall have its place of piace of business, 
business in the city of Boston, and may establish its manu- 
factory in any town in the Commonwealth, and for this 
purpose may hold real estate to the amouiU of two hundred iieai estate, 
thousand dollars; and the whole capital stock of said com- capuai stock. 
pany shall not exceed five hundred thousand dollars, 
divided into shares of one hundred dollars each : provided. Proviso. 
however, that at least seventy-five per cent, of the capital 
stock issued and paid in under the provisions of this act 
shall be employed in the erection of mills and other build- 
ings, and in the purchase of grain and the manufacture of 
flour and machinery for removhig the bran and cleansing 
grain. 

Sections. This company shall not commence business when to com- 
till two hundred and fifty thousand dollars of the capital ■"-««»'-'"««'' 
stock is paid in, in cash. Approved May 7, 1864. 



130 



1864.— Chapters 204, 205. 



Chap. 204 



Corporators. 



Powers and du- 
ties. 



May own and 
employ steamers. 



Capital stock. 



Issue of stock. 



Conditions of va- 
lidity of act. 



An Act to incorporate the rostox and new york steamship 

COMPANY. 

De il enacted, Sfc, as follows: 

Section 1. Edwin Parker, Charles 0. Whitmore, Philo 
S. Slieltoii and Charles J. F. Eastman, their associates and 
successors, are hereby made a corporation by the name of 
the Boston and New York Steamship Company, 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. 

Section 2. Said corporation is hereby authorized and 
empowered to build, purchase, charter, hold and convey one 
or more steamships or steam-propellers, and to employ the 
same in the business of transporting passengers and freight 
between the ports of Boston and New York, with liberty to 
touch at intermediate ports. 

Section 3. Tlie capital stock of said corporation shall 
not exceed five hundred thousand dollars, and shall be 
divided into shares of the par value of one hundred dollars 
each. Said corporation shall have power to assess, from 
time to time, upon said shares such sums as may be deemed 
necessary to accomplish its object, not exceeding the par 
value of said shares. No certificate of stock shall be issued 
until the par value thereof shall have been actually paid in, 
and no business shall be transacted by said corporation until 
at least two hundred thousand dollars of its capital stock 
shall have been subscribed. 

Section 4. If said corporation shall not within one year 
from the passage hereof have been organized and have 
collected by assessment an amount equal to fifty thousand 
dollars of its capital stock subscribed ; and shall not within 
two years from the passage of this act have one or more 
steamships or steam-propellers employed in the transporta- 
tion of passengers and freight between said ports of Boston 
and New York ; or if said corporation shall thereafter fail 
for the period of one year so to employ one or more steam- 
ships or steam-propellers in said business, then this act shall 
be null and void. 

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

Approved May 7, 1864. 



Chap. 



). 205 -A-X Act concerning the wrentham branch railroad company. 

Be it enacted, ^c~, as foUoxcs : 

increa.se of capi- Si':cTi0N 1. The Wrcntham Braucli Railroad Company is 
tai authorized, jiereby authoHzed to iucrcase Its capital stock one hundred 



1864.— Chapters 206, 207, 208. 131 

and ninety-five thousand dollars : provided^ hotvever, that Proviso, 
said corporation shall not begin to build its road, until a 
certificate is filed in the office of the secretary of the Com- 
monwealth, subscribed and sworn to by the president and a 
majority of the directors, stating that all the stock named in 
its charter and in this act has been subscribed for by 
responsible parties, and twenty per centum of the par value 
of each and every share thereof has been actually paid into 
its treasury. 

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

Approved May 10, 1864. 

An Act concerning the Glasgow company. Chap. 206 

Be it enacted, S^-c, as foliates : 

Section 1. The Glasgow Company is hereby authorized increase of capi- 

•x 1 X 1 : J- xl ] tal authorized. 

to increase its capital stock not exceeding one thousand 
shares, at the par value of one hundred dollars each ; 
making the aggregate capital four hundred and fifty thou- 
sand dollars; and may hold real estate to the value of one- Real estate, 
half of its capital. 

Section 2. Said company may add the making of paper May manufac- 
to its articles of manufacture which are now authorized by *"'^«p''P"- 
its chjfrter. 

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

Approved May 10, 1864. 

An Act concerning the congregational library association. Chap. 207 
•Be it enacted, Sfc, as follows : 

Section 1. The Congregational Library Association is change of name 
hereby authorized to change its name and to take the name ''""^°"^«'^- 
of the American Congregational Association. 

Section 2. In addition to the powers heretofore granted A.witionai pow- 
said corporation, it is hereby authorized to do such acts rjg "*'t5"'^°'«'i- 
may prom.ote the interest of Congregational churches, by 
publishing works, by furnishing libraries and pecuniary aid 
to parishes, churches and Sabbath schools ; by promoting 
friendly intercourse and co-operation among Congregational 
ministers and churches and with other denominations, and 
by collecting and disbursing funds for the above objects. 

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

Approved May 10, 1864. 

An Act levying a tax upon certain corporations. Chan. 208 

Be it enacted, §*c., as foltows : 

Section 1. Tlie assessors of the several cities and towns Assessors shaii 
shall annually, on or before the first Monday of August, Z\Zlr^r'.uZ. 
return to the treasurer of the Commonwealth the names of corpora"ton°/nd 



132 



1864.— Chapter 208. 



Talue of proper- 
ty taxed. 



Corporations to 
return list of 
shareholders, 
capital, location 
and par and 
market Talue of 
shares May first. 



Railroad estend- 
ing over state 
line, corporation 
to make addi- 
tional return. 



Guardians, exec- 
utors and trus- 
tees to return 
shares of wards 
and others, held 
in trust. 



Tre.asurer and 
auditor commis- 
sioned to learn 
excess of value of 
stock over prop- 
erty of certain 
corporations and 
notify officers. 



all corporations having a capital stock divided into shares, 
chartered by this Commonwealth or organized under the 
general laws, and established in their respective cities and 
towns, or owning real estate therein, and the value of the 
real estate and machinery for which each was taxed in such 
cities and towns on the first day of May preceding. 

Section 2. Every corporation and every banking associa- 
tion organized under the laws of, or located in this Common- 
wealth, having a capital stock divided into shares, and not 
exempted from state and municipal taxation, by the laws of 
the United States, shall annually, between tlie first and 
tenth days of May, return to the treasurer of the Common- 
wealth, under the oath of its cashier or treasurer, a complete 
list of its shareholders, witli their places of residence, the 
number of shares belonging to each on the first day of May, 
the amount of the capital stock of the corporation, its place 
of business, and the par value and the cash market value of 
the shares on said first day of May. This return shall also 
be made by the stock department of " stock and mutual " 
insurance companies. 

Section 3. Wlien any railroad extends beyond the limits 
of the state, the corporation shall return, in addition to what 
is required in tlie preceding section, the whole cost, exclu- 
sive of rolling stock, of the road and its branches, owned by 
the company, or represented in its capital stock, and the 
cost, exclusive of rolling stock, of the road and branches 
lying within the limits of this state. 

Section 4. Every guardian who holds, or whose ward or 
w^ards hold stock in any corporation, and every executor, 
administrator or trustee who holds in trust any such stock, 
shall between the first and tenth days of May in each year 
return under oath to the treasurer of the Commonwealth, 
the names and residences on the first day of that month, of 
themselves and all such wards or other persons to whom any 
portion of the income from such stock is payable, the num- 
ber of shares of stock so held, and the name and location of 
the corporation in which they are held. 

Section 5. The treasurer and the auditor of the Com- 
monwealth shall be a board of commissioners who shall, 
excepting in the cases of telegraph, coal and mining compa- 
nies, and such railroad companies as own lines of railroad 
extending heyond the limits of the state, ascertain from the 
returns or otherwise, the excess of the market value of all 
the capital stock of each corporation or banking association 
not exempted from taxation, state and municipal, by the 
laws of the United States, over the value of its real estate 



1864.— Chapter 208. 133 

and machinery, if any, as returned under the first section of 
this act, and shall annually, on or before the first Monday 
of October, notify its cashier or treasurer respectively, of 
the excess thus ascertained; and every such corporation or Tax upon excess 
banking association shall annually, on or before the first 
Monday of November, pay to the treasurer of the Common- 
wealth a tax of one and one-sixth per cent, upon such excess. 
Nothintr in this section shall affect the liability of any bank. Tax otherwise 

•- , , . • /> . 1 imposed not to 

insurance company, or any other corporation for any other be affected. 
tax imposed upon it, and payable to the treasurer of the 
Commonwealth under other existing laws. 

Section 6. When a railroad extends beyond the limits Railroad extend- 
of this Commonwealth, the part of the capital stock of the iln^itsftaxationof 
corjipany owning the same, to be taxed under this act, shall company defined, 
be such a proportion of its whole capital stock as the cost of 
the road and its branches in this state, exclusive of rolling 
stock, bears to the whole cost of the road and its branches, 
exclusive of rolling stock. Said board of commissioners Excess of vaiue 
shall ascertain the excess of the market value of said part property t°oTe 
of the capital stock of each of such railroad companies, ascertained by 

,. r ^, 1 „ .^ 1 i i • 1 1 • commission and 

respectively, over the value oi its real estate and macliinery, corporation no- 
as returned under the first section of this act, and shall ''^^*^' 
annually, on or before the first Monday of October, notify 
each of said railroad companies, respectively, of its excess 
thus ascertained ; and each of said companies shall annually, Tax upon excess, 
on or before the first Monday of November, pay to the treas- • 
urer of the Commonwealth a tax of one and one-sixth per 
cent, on such excess. 

Section 7. When any stock insurance corporation, taxed stock insurance 
under the provisions of this act, legally owns or holds abso- stocn'/othir'"^ 
lutely, and not in mortgage pledge or as collateral security, aKd'credit ''^ 
on the first day of May, shares in the capital stock of any therefor. 
other corporation, taxed under the provisions of this act, 
said stock insurance corporation shall be credited and 
allowed, in tiie payment of the tax upon its capital stock, 
the amount assessed to such other corporation upon the 
portion of its capital stock so owned or held. Where any sayings banits to 
savings bank or institution for savings, including the Massa- haifsemi-linnu- 
chusetts Hospital Life Insurance Company and the Mcrcan- ''"^• 
tile Savings Institution, in the city of Boston, legally owns 
or holds as above, siiares in the capital stock of any bank, 
taxed under the provisions of tliis act, such savings bank or 
institution for savings shall, in each semi-annual payment of 
the tax assessed under the provisions of chapter two hundred 
and twenty-four of tiic acts of the year eighteen hundred 
and sixty-two, and chapter one hundred and sixty-four of 



134 



1864.— Chapter 208. 



Moneys received 
under sections 
five and six, ex- 
cept from cor- 
porations, to be 
credited cities 
and towns. 



Lines of tele- 
graph extending 
beyond state, 
how taxed. 



Coal and mining 
companies, re- 
turns of. 



the acts of the year eighteen hundred and sixty-three, after 
the payment to become due within ten days from the first 
day of June next, be credited and allowed one-half the 
amount assessed to such bank at the last preceding annual 
assessment upon the portion of its capital stock so owned 
or held. 

Section 8. Such proportion of the taxes paid under the 
fifth and sixth sections of this act as corresponds to the 
proportion of the stock of each corporation owned in this 
Commonwealth by other parties than insurance companies, 
savings banks and institutions for savings, shall be credited 
and paid to the several cities and towns where it appears 
from the returns that the shareholders resided on the first 
day of May, according to the number of shares held in such 
cities and towns respectively : provided^ that in case stock is 
held by guardians, executors, administrators or trustees, the 
proportion of tax corresponding to the amount of stock so 
held shall be credited and paid to the towns where the stock 
would have been taxed, under the provisions of law contained 
in the fourth and fifth divisions of section twelve of chapter 
eleven of the General Statutes. 

Section 9. When a line of telegraph extends beyond the 
limits of the Commonwealth, the corporation shall, in addi- 
tion to the returns required by section two, return, under 
the oath of its treasurer, the whole length of the line and 
the length of that part of the line lying within the limits of 
the Commonwealth ; and the portion of the capital stock of 
said corporation to be taxed under this act shall be such a 
proportion of its whole capital stock as the length of the 
line in the Commonwealth bears to the whole length of the 
line ; and every telegraph corporation shall annually, on or 
before the first day of October, pay to the treasurer of the 
Commonwealth a tax of one and one-sixth per cent, on the 
market value of all its capital stock, if the line owned by it 
is wholly within the state, otherwise on so much of its capi- 
tal stock as corresponds to the length of its line of telegraph 
in this state. 

Section 10. Each coal and raining company chartered 
by this Commonwealth, or organized under the general laws, 
shall, in addition to the returns required by section two, 
return at the same time, under the oath of its treasurer, the 
amount of taxes paid by such company within the preceding 
six months upon any of its real estate and machinery, speci- 
fying what was paid in this state and what was paid else- 
where ; and shall make a like return between the first and 
tenth days of November as is required between the first and 
tenth days of May. 



1864.— Chapter 208. 135 

Section 11. Said board of commissioners shall semi- commissioners 
annually, on the first Mondays of June and December, 7°i2%l7cent. on 
assess a tax of seven-twelfths of one per cent, on the market ^^ref lemi^-an- 
value of all the capital stock of every coal and mining com- ^"^""^^y- 
pany chartered by this Commonwealth, or organized under 
its general laws, as ascertained from tlie returns and other- 
wise, and shall immediately notify the treasurer of the com- 
pany of the excess of such tax over the amount of tax paid 
by such company on its real estate and machinery within the 
preceding six months ; and every such company shall semi- 
annually, on or before the the first Mondays of July and 
January, pay to the treasurer of the Commonwealth the 
amount of such excess. 

Section 12. In cases where towns or cities shall have Towns may re- 
fixed the amount of taxes to be assessed for the present sxed t" asses's. 
year, prior to the passage of this act, they may, if they see 
fit, at meetings called for that purpose, reduce the amount 
of money so to be raised, in view of the provisions of this 
act. 

Section 13. If the assessors of any city or town shall Forfeiture for 
neglect to comply with the requirements of this act, each owor'tei^teeT*' 
assessor so neglecting shall forfeit a sum not exceeding two 
hundred dollars ; and any guardian, executor, administrator 
or trustee, neglecting to comply with said requirements, 
shall forfeit a sum not exceeding two hundred dollars. 

Section 14. . If any corporation, company or association. Forfeiture for 
fails to make a return according to the provisions of this act, mtloTis °o''make 
it shall forfeit two per cent, upon the par value of its capital ^''''"•'"■'• 
stock, to be recovered by indictment, and if p-ny corporation, 
company or association, fails or neglects to pay the taxes 
required by this act, the treasurer shall forthwith commence 
an action of contract, in tlie name of the Commonwealth, 
for the recovery of tlie same, with interest, and the said 
corporation, company or association, shall be further liable, 
on application of the treasurer of the Commonwealth there- 
for, to an injunction restraining said corporation, company 
or association, and the agents thereof, from the further pros- 
ecution of its business until all taxes due by virtue of this 
act, with costs and interest, shall be fully paid. 

Section 15. The shares in the capital stock of any cor- capital of corpo- 
poration, company or association, taxed by this act, shall be hS^uow^ 
exempt from taxation to the shareholders for tlie current ^^'''"p'- 
year in which the taxes provided by this act arc assessed ; 
but nothing in this act contained shall l)c construed to affect 
the right of any city or town, under existing laws, to assess 
and collect taxes, as heretofore, oii the real estate and 
machinery of any corporation. 



136 



1864.— Chapter 209. 



Inspection of the SECTION 16. Everj coFporatiou taxed by this act shall, 

tions^" corpora- ^|^gj^ required, submit its books to the inspectiou of the 
board of commissioners named in section five of this act. 

Annual returns. SECTION 17. Tlic anuual rctums required to be made 
between the first and tenth days of May, under the provi- 
sions of this act, may be made the present year on or before 
the first day of June. 

Repeal. SECTION 18. Chapter two hundred and thirty-six of the 

acts of the year eighteen hundred and sixty-three is hereby 
repealed ; but this repeal shall not affect any right, claim or 
liability, which has already accrued under the provisions of 
said act. 

Section 19. This act shall take effect upon its passage. 

Approved May 11, 1864. 



Chap. 209 



City established. 



GoTernment. 



Division into 
wards. 



Election of ward 
officers. 



An Act to establish the city of tauntox. 
Be it enacted, Sfc, asfoUotvs: 

Section 1. The inhabitants of the town of Taunton shall 
continue to be a body politic and corporate, under the name 
of the City of Taunton, and as such shall have, exercise 
and enjoy, all the rights, immunities, powers and privileges, 
and shall be subject to all the duties and obligations, now 
incumbent upon, and appertaining to said town, as a muni- 
cipal corporation. 

Section 2. The administration of all the fiscal, pruden- 
tial and municipal affairs of said city, with the government 
thereof, shall be vested in one principal officer to be styled 
the mayor, one council of eight to be called the board of 
aldermen, and one council of twenty-four to be called the 
common council, said boards in their joint capacity to be 
the city council. The members of said boards shall be 
sworn to the faithful discharge of their respective duties. 
A majority of each board shall make a quorum. 

Section 3. It shall be the duty of the selectmen of said 
town, as soon as may be after the passage of this act, and its 
acceptance as is herein provided, to divide said town into 
eight wards, to contain as nearly as conveniently may be, an 
equal number of legal voters, wiiich division may be revised 
by the city council within one year from the passage hereof. 
The city council shall once in five years and not oftener, 
alter, if needful, the boundaries of said wards, in such man- 
ner, liowever, as to preserve an equal number of voters in 
each ward. 

Section 4. On the first Monday in December, annually, 
there shall be chosen by ballot in each of said wards, a 
warden, clerk and three inspectors of elections, who shall 



1864.— Chapter 209. 137 

be different persons, residents in the ward, who shall hold 
their offices one year and until others are chosen and quali- 
fied in their stead. Said wardens shall preside at all ward ward meetings, 

t . presiding oracers. 

meetnigs, with the power oi moderators oi town meetnigs ; 
and if at any meeting the warden is not present, the clerk 
shall preside until a warden pro tempore is chosen by ballot ; 
if both the warden and clerk are absent the senior in age of 
the inspectors present shall preside until a warden pro tem- 
pore is tiius chosen ; and if all said officers are absent, any 
legal voter in said ward may preside until a warden pro 
tempore is so chosen. When any ward officer is absent or ^^^""^^ l^^^^^^^ 
neglects to perform his duty, his office shall be filled pro "^ "^ ^^ ^^'"'^^ 
tempore. The clerk shall record all the proceedings and cieruofward, 
certify the votes, and deliver to his successor in office all 
such records and journals, together with all other docu- 
ments and papers held by him in said capacity. The inspec- inspectors, 
tors shall assist the warden in receiving, assorting and 
counting the votes. All said officers shall be sworn to the oathsof ward 
faithful discharge of their duties; said oath to be adminis- administered, 
tered by the clerk to the warden, and by the warden to the 
clerk and the inspectors, or to either of said officers by any 
justice of the peace for Bristol County; certificate of such 
oaths shall be made by the clerk upon the ward records. 
All warrants for meetings of tlie citizens for municipal pur- warrants for 
poses, to be held either in wards or in general meeting, shall """^ '°^^' 
be issued by the mayor and aldermen and shall be in such 
form, and served and returned in such manner and at such 
times as the city council shall direct. 

Section 5. The mayor shall be elected by the qualified ^,',^^Jj^°p'.™*J^''' 
voters of the city at large, voting in their respective wards ; cii aLdTsseTsors". 
and one alderman, three common councilmen and one 
assessor, shall be elected from, and by the voters of each 
ward. Said officers shall be chosen by ballot, and hold their 
offices for one year from the first Monday of January, and 
until others are chosen and qualified in their stead. At the t°g'°„j7™uje" 
first annual election under this act, there shall be chosen, 
in the manner provided for the election of mayor, a board 
of school committee, consisting of nine, one-third of whom 
shall 1)0 chosen for one year, one-third for two years, and 
one-third for three years. At each annual election there- 
after, three members of said board shall be chosen, in the 
manner provided for the election of mayor, for the term of 
three years. Vacancies in the board shall be filled in the vamndes. 
manner provided by law for filling vacancies in the school 
committees of cities. 

18 



138 



1864.— CfiArxEB 209. 



Election of may- 
or, aldermen, 
councilmen, 
school committee 
and assessors, 
annual. 



Certificates of 
election. 



Plurality of votes 
to elect. 



Proceedings in 
case of failure to 
elect. 



Mayor and school 
committee to be 
notified of elec- 
tion. 



Proceedings in 
case of failure. 



Mayor, vacancy 
in office of, how 
filled. 



Aldermen and 
council, oaths of, 
when and how 
taken. 



Organization of 
council. 



Section 6. On the first Monday of December annually, 
the qualified voters in each ward shall give in their votes for 
mayor, aldermen, common councilmen, school committee 
and assessors, as provided in the preceding section ; and all 
the votes so given shall be assorted, counted and declared, 
and registered, in open ward meeting, the name of each 
person voted for, and the number of votes given for each, 
to be recorded in words at length. The clerk of the ward, 
within twenty-four hours after such election, shall deliver to 
the persons elected aldermen, common councilmen and 
assessors, certificates of tiieir election, signed by the warden 
and clerk, and by a majority of the inspectors, and shall 
deliver to the city clerk a copy of the record of such elec- 
tions certified in like manner. Such persons as receive the 
greatest number of votes for their respective offices shall be 
declared elected. If no person is elected because two or 
more have received the same number of votes for any of 
said offices, except for mayor, another ballot may then be 
had or the meeting may be adjourned from time to time 
until some person is elected. The board of aldermen shall, 
as soon as may be, examine the copies of the records of the 
several wards, certified as aforesaid, and shall cause the 
person who has received the greatest number of votes for 
mayor, and the persons who have received the greatest num- 
ber of votes for school committee, respectively, to be notified 
in writing of their election ; but if no person is so elected, 
or if any person refuses to accept, the board shall issue their 
warrants for a new election, and the same proceedings as 
before provided, shall thereupon be had, until such officers 
are chosen. If a mayor dies or resigns, or is unable 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 
the vacancy, who shall hold the office until the inability 
aforesaid is removed, or until a new election. The oath 
shall be administered to the mayor by the city clerk or any 
justice of the peace for Bristol County. Tiie aldermen and 
common councilmen elect shall on the first Monday of Jan- 
uary, at ten o'clock in the forenoon, meet in convention, 
when the mayor shall administer the oath to the members 
of said boards, or in the mayor's absence, said oath may be 
administered by any justice of the peace for Bristol County, 
a certificate whereof shall be entered on the journals of said 
boards by their respective clerks. The boards shall then 
separate, and the common council shall choose one of their 



1864.— Chapter 209. 139 

number for president, and shall also choose a clerk, who 

shall be sworn to the faithful discharge of their duties. If ^idel™^" °^o 

the mayor be absent, the board of aldermen may choose a ^empolT'^" 

chairman, who shall also preside at joint meetings of the 

two boards. Each board shall keep a record of its proceed- Kecords required. 

ings, and judge of the election of its members. In case of vacancies in 

failure of election, or if a vacancy is declared by either " 

board, or if a vacancy exists in the board of assessors, the 

mayor and aldermen shall order a new election. The mayor overseers of poor. 

and aldermen shall constitute the board of overseers of the 

poor. 

Section 7. The mayor shall be the chief executive officer Mayor, powers 
of the city ; he shall also be, ex officio, a member of the fiuej.""^^ 
board of assessors. He shall be vigilant to cause the laws 
and regulations of the city to be enforced ; he shall exercise 
a general supervision over the conduct of all subordinate 
officers and shall cause neglect of duty to be punished. He 
may call special meetings of the aldermen and common 
council, or either of them, by causing written notices thereof 
to be left at the places of residence of the several members. 
He shall communicate such information and recommend 
such measures as he thinks proper. He shall preside in the 
board of aldermen, and in convention of the two boards, 
but shall have a casting vote only. 

Section 8. The executive power of said city, generally, oenerai execu- 

.. . ni T •! Ill tive power Tested 

and the administration oi the police, with all the powers in mayor and 

heretofore vested in the selectmen of the town of Taunton ''''^""»^°- 

shall be vested in and exercised by the mayor and aldermen, 

as fully as if the same were herein specially enumerated. 

The mayor and aldermen shall have exclusive power to Appointments. 

appoint constables, and a city marshal or chief of police and 

assistants, with the powers and duties of constables, and all 

other police officers, and to remove the same when cause 

exists therefor. All powers now vested in the inhabitants 

of said town, and all powers granted to them in this act, 

shall be vested in the mayor and aldermen and common 

council, except so far as different provisions are herein made, 

to be exercised by concurrent vote, each board to have a 

negative upon the other. The city council shall annually, Trea.suror, cierk 

' , ,., ,1 • . ,• 1 i 1 • • , and collectors, 

as soon as maybe after their organization, elect by joint council to elect. 
ballot, a city treasurer, collector of taxes, city clerk, and all 
other necessary subordinate city officers, not herein other- 
wise [)rovided for, for the ensuing year. The city council ^"jJJu"!'"^'**" 
shall, by by-law, fix the compensation of said officers, and 
shall define their duties, so far as the same 'arc not deter- 
mined by the laws of the Commonwealth. The city council vacancies. 



140 



1864.— Chapter 209. 



Sittings to be 
public. 

Money to be ap- 
propriated and 
restrictions im- 
posed by council. 



City buildings 
and property, 
council to con- 
trol. 



Salary of mayor. 

Incompatible 
offices. 



Duty of city 
clerk. 



Assessors, powers 
and duties. 



Collection of 
taxes. 



List of jurors. 



Drawing of 
jurors. 



Venires, how 
served. 



Laying out of 
streets. 



may fill a vacancy existing in any such office. The sessions 
of the boards aforesaid shall be public when they are not 
engaged in executive business. The city council shall see 
that money is not paid from the city treasury unless granted 
or appropriated ; shall secure a just and prompt accounta- 
bility by requiring bonds with sufficient penalties and sure- 
ties, from all persons intrusted with the receipt, custody or 
disbursement of money, and also from such other officers as 
they may think fit ; they shall haye the care and superin- 
tendence of the city buildings, and the control and manage- 
ment of all city property, with power to let or sell what may 
be legally let or sold. They may purchase property, real 
and personal, in the name and for the use of the city when 
it is expedient to do so. The city council shall publish 
annually, a particular account of the city receipts and 
expenditures, and a schedule of the city property and debts. 
They shall also fix the annual salary of the mayor. 

Section 9. No alderman or common councilman shall 
be appointed or elected by the city council to any office, the 
salary of which is paid by the city. 

Section 10. The city clerk shall also be clerk of the 
board of aldermen and shall be sworn to the faithful dis- 
charge of his duties. He shall perform such duties as are 
prescribed by the board of aldermen ahd such as are incum- 
bent upon the town clerk of said town, and shall have the 
powers vested in such town clerk. He may be removed by 
the city council. 

Section 11. The assessors chosen as aforesaid shall exer- 
cise the same powers, and be subject to the same duties and 
liabilities as town assessors exercise and are subject to, under 
the laws of the Commonwealth. They shall be sworn to 
the faithful discharge of their duties. The city council may 
establish further or additional provisions for the collection 
of taxes. 

Section 12. The list of jurors shall be prepared by the 
mayor and aldermen, in the manner now required of select- 
men, and the list shall be submitted to the common council, 
for concurrent action or amendment. The mayor, aldermen 
and city clerk, shall have the powers in regard to drawing 
jurors, and other matters relating to them, now vested in 
selectmen and town clerks. Yenires for jurors to be 
returned from said city, shall be served on tlie mayor and 
aldermen. 

Section 13. The mayor and aldermen, with the concur- 
rent vote of 'the common council, may lay out, alter or 
discontinue, streets and town ways, fix the grades thereof, 



1864.— Chapter 209. 141 

and estimate the damages sustained by parties thereby ; streets and ways, 

o •' ' • 1 L f. council to con- 

parties aggrieved by such action to have the same riglit oi troi and estimate 
application and complaint to the county commissioners, that ^"""^'^ damages. 
they now have when dissatisfied with the action of selectmen. 

Section 14. The mayor and aldermen, with the concur- Drains and 
rence of the common council, may lay drains and common *'''^^"" 
sewers through streets or private lands, paying the owners 
such damages as they sustain thereby. They may require 
any person opening a drain into such common drain or 
sewer, to pay a reasonable sum for that privilege. 

Section 15. The mayor and aldermen shall each year Election of repre- 
issue their warrants for calling meetings for the election of generauourt. 
the whole number of representatives to the general court, 
to whicli the said city is by law entitled, such number to be 
specified in such warrants. 

Section 16. All elections of county, state and United county, state 

o /v» 1 1111111111 ^°^ federal ofn- 

States officers, who are chosen by the people, shall be held cers, elections. 

at meetings of citizens qualified to vote in such elections in 

their respective wards at the time prescribed by law ; the 

votes given for such officers shall be received, assorted, 

counted, declared and registered, in open ward meetings as 

is herein provided in reference to city officers. The ward 

clerk shall forthwith deliver to the city clerk a certified copy 

of the record so made. The city clerk shall forthwith Returns of votes. 

record such returns. The mayor and aldermen shall, 

within two days after such elections, examine and compare 

the same, and make out a certificate of the result, to be 

signed by the mayor, a majority of the aldermen, and the 

city clerk, and shall transmit the same in the manner in 

which selectmen are required to do. If the whole number Failures tooiect. 

of representatives to the general court are not elected, the 

mayor and aldermen shall issue their warrants for such 

election, conformably to the constitution and laws. 

Section 17. Lists of voters in each ward shall be pre- Lists of voters, 
pared by the mayor and aldermen, as is required of the ^°"' p'^^p"*'*- 
selectmen of towns. For this purpose they shall have access 
to the assessors' books and lists, and be entitled to the assist- 
ance of all the city officers. Said lists shall be delivered 
to the clerks of the wards, to be used at elections, and 
copies of the list for each ward shall be posted in three 
public places in said ward, at least seven days before such 
elections. No person shall be entitled to vote in a ward lughtofsuf- 
whose name is not borne upon the list for that ward : pro- prescribed!""**"' 
vided, that any person whose name is not thereon may have 
his name entered thereupon, at any time before the closing 
of the polls in such ward, upon presenting to the ward 



142 



1864.— Chapter 209. 



Meetings of citi- 



Inspection lum- 
ber, wood, coal 
and bark. 



Fines and penal- 
ties, how recov- 
ered. 



Right of appeal. 



Refusal to pay, 

proceedings 

upon. 



Justices and 
clerk. 



officers present a certificate signed by the mayor or city 
clerk, setting forth his right to have his name thus entered. 

Section 18. General meetings of the citizens qualified 
to vote may be held according to the right secured to the 
people by the constitution of the Commonwealth. Such 
meetings shall be called by the mayor and aldermen on the 
petition of fifty qualified voters. 

Section 19. Tiie city council may make by-laws with 
suitable penalties, for the inspection, survey, measurement, 
weighing and sale of lumber, wood, coal and bark, 
brought into or exposed in the city for sale, and all such 
other by-laws as towns may make and establish ; but no 
penalty for a breach thereof shall exceed twenty dollars. 
Such by-laws shall not require the sanction of any court. 
Such by-laws shall be pi'csented to the mayor for his appro- 
val ; if he approve he shall sign them, if not he shall return 
them to either branch of the city council, with his objec- 
tions ; if they are again passed by two-thirds of each board 
present and voting thereon, the same shall become a law, 
otherwise not. AH fines and forfeitures for the breach of 
any by-law or ordinance shall be paid into the city treasury. 

Section 20. All fines, forfeitures and penalties, accruing 
for the breach of any by-law of said city, or of the ordi- 
nances of the city council, or of any of the orders of the 
mayor and aldermen, may be prosecuted for, and recovered 
before the municipal court of said city, in the manner in 
which fines, forfeitures and penalties, are now by law prose- 
cuted for and recovered ; reserving, however, to the party 
prosecuted, the right of appeal to the superior court. If 
any person refuses to pay such a fine imposed upon him, or 
refuses to recognize with sureties to prosecute his appeal, 
the same proceedings shall be had as under like circum- 
stances in any criminal prosecution. 

Section 21. A court to be called the municipal court of 
Taunton is hereby established in said city. Said court shall 
have the jurisdiction heretofore exercised and possessed by 
the police court of Taunton, and by any justice of the peace 
in Bristol County ; and also in civil causes its jurisdiction 
shall extend to cases when the ad damnum stated in the 
writ does not exceed two hundred dollars, and in criminal 
causes, to any offence which is not a felony. Said court 
shall consist of one able and honest man, to be appointed by 
the governor as principal justice, one such man to be 
appointed in like manner, as associate justice, and one 
clerk, who shall hold his office five years from the time of 
his election and qualification. Said clerk shall be chosen 



1864.— Chapter 209. 143 

by the legal voters of said city in the manner and at the fj„„"°" f^JJ*^ t 
time they first elect city officers under this charter. A 
clerk of said court shall be elected every fifth year there- 
after, at the municipal election in said city. At any time Govemormay 
after this act is accepted, as herein provided, the governor anaTierk"'br^' 
may appoint the justices of said court; but this section, ^'^'j^'eV^^isefo hive 
except as to the clioosing of said clerk, and the making of fo^ce in jao. 'C5. 
said appointments, shall not take effect until the first Wed- 
nesday of January next. The principal justice of said Powers ami saia- 
court shall have the powers conferred by the laws of the ^^ ° ■'"*'"'^' 
Commonwealth upon justices of police courts. He shall be 
paid an annual salary, from the treasury of the Common- 
wealth, of one thousand dollars. The clerk shall receive saiaiyofcierk. 
from the same source, an annual salary of six hundred dol- 
lars. The associate justice, who shall officiate only in case Associate justice. 
of the absence or other inability or disability of the princi- 
pal justice, shall receive from him three dollars for each 
day on which he holds a session of said court. All the pro- Application of 
visions of the laws of this Commonwealth relating to police ^ourt!''^'' '° 
courts, their justices and clerks, shall apply to the court 
herein created, except so far as they are inconsistent with 
the provisions hereof. ^ 

Section 22. For the purpose of organizing the system ward meetings 
of government hereby established, and putting the same cers?wheVto*'bJ 
into operation, the selectmen of the town of Taunton shall, '=*"^''- 
after the acceptance of this act, and at least seven days 
before the first Monday of December next, issue their war- 
rants, calling meetings of the legal voters on that day, in 
the difi'erent wards, at some place in each,, to be designated 
in said warrants, for the purpose of choosing a warden, 
clerk and inspectors, for each ward, and all other officers 
whose election in such manner is provided for in this act ; 
and the transcripts of the record of each ward specifying the certifleates to be 
votes given therein for the several officers aforesaid, certified 8eie"ctmen'.° 
by the warden and the clerk of each ward, shall be returned 
to the said selectmen, who shall examine and compare the 
same ; and if said elections are not completed at the first 
meeting they shall then issue new warrants until such elec- 
tions are completed. They shall give notice to the persons Notices of eiec- 
elected, in tlie manner herein before provided. At said first Meetings, how 
meetings any inliabitant, being a legal voter in the ward, co°'iuc'e'i- 
may call the meeting to order and preside until a warden is 
chosen. A list of voters in each ward, prepared and cor- 
rected by the selectmen, as herein before provided, shall be 
delivered to some legal voter therein and shall be used in 
such election. The city council shall meet and the city city council. 



144 



1864.— Chapter 210. 



When to organ- 
ize and elect 
officers. 



Records and 
muniments of 
town, delivery of 
to city clerk. 



Moneys, transfer 
to city treasurer. 



Act void unless 
accepted within 
three months. 



Repeal. 



government be organized on tlie first Monday of January 
next, at some place to be designated by the selectmen. 
Immediately after their organization, the city council shall 
elect all necessary city officers, who shall hold their offices, 
respectively, until others are chosen and qualified in their 
stead, unless sooner removed. 

Section 23. All officers of the town of Taunton having 
the care and custody of any records, papers or muniments 
of property, belonging to the said town, shall deliver the 
same to the city clerk, within one week after his entering 
upon the duties of his office. The treasurer and collector 
of the town of Taunton shall pay over to the city treasurer, 
within one week after he enters upon the duties of his office, 
all money in his custody or control, belonging to said town ; 
and any money subsequently collected by said collector, 
shall be paid to said city treasurer. All town officers of 
Taunton shall hold their respective offices until city officers 
are chosen and qualified in their stead. 

Section 24. This act shall be void unless a majority of 
the legal voters of the town of Taunton, present and voting 
at any legal town meeting called for that purpose shall, 
within three months from the passage of this act, vote to 
accept the same ; the voting at such meeting to be by ballot, 
written or printed, yea or nay. The voting list shall be 
used as at elections of state officers ; the selectmen shall 
preside at any such meetings. 

Section 25. All acts and parts of acts inconsistent here- 
witli are hereby repealed. 

Section 26. This act shall take effect, except as is other- 
wise provided, upon its passage. Api^-oved May 11, 1864. 



Chap.'Zl^ 



lOf 

towns shall 
deposit with 
secretary copies 
of books and 
tables of aggre- 
gates for 1863^. 



Secretary to 
furnish books. 



Proviso. 

City of Boston. 



An Act to provide for the valuation of the property of 

THE commonwealth. 

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

Section 1. The assessors of the several cities and towns 
in the Commonwealth for the year one thousand eight hun- 
dred and sixty-four, shall, on or before the first day of 
October next, deposit in the office of the secretary a certified 
copy, under oath, of the assessors' books and tables of aggre- 
gates for the years one thousand eight hundred and sixty- 
three and one thousand eight hundred and sixty-four; and 
the secretary shall, on or before the first day of June, fur- 
nish triplicate copies of blank books to the cities and towns 
for the foregoing pur{)ose : p7'ovided, however, that in the 
case of the city of lioston, the returns required by this 
section to be deposited in the office of the secretary may be 



186i— Chapter 210. I45 

tlius deposited on or before the first day of November of the 
present year. 

_ Section 2. The assessors of the several cities and towns Attested copies 
in the Commonwealth for the year one thousand eight hun- be'SneTto 
dred and sixty-five shall, instead of the certified copy of the secretary, 
assessors' books and tables of aggregates which by law they 
are now required to deposit in tlie office of the secretary of 
the Commonwealth, on or before the first day of October, 
eighteen hundred and sixty-five, deposit in said office an 
attested copy of the table of aggregates which, by law, they 
are now required to deposit in said office the first four years 
of each decade. 

Section 3. Whenever it shall have been ascertained by Diminution of 
the assessors of any city or town that tlie aggregate values ^^oklVr'Se-"' 
ot their city or town, respectively, have been diminished *^''^*^*°''«° 
since the first day of May of the preceding year, they shall wursfaTement 
return with the table of aggregates or books, which they ''^p^°''=^'"«<='^»^'«- 
are required by the act of the year one thousand eight hun- 
dred and sixty-one, entitled " An Act to secure a uniform 
description and appraisal of estates in the Commonwealth, 
for the purposes of taxation," and the several acts in addi- 
tion thereto, to deposit in the office of the secretary, a 
statement in writing, under oath, of the causes which, in 
their opinion, have produced such diminution. 

Section 4. If the assessors of any city or town shall Penalty for neg- 
neglect to comply with the requirements of this act, each wi'tHcr"''"'' 
assessor so neglecting sliall forfeit a sum not exceeding two 
hundred dollars. 

Section 5. The secretary of the Commonwealth shall copy to be fur- 
lurnish the assessors of each city and town' with a copy of ''''''*'^ ^'*''°'^'- 
this act within ten days of its approval by the governor. 

Section 6. All forfeitures arising by this act may be Forfeitures, 
recovered m the supreme judicial court of this Common- '^'='=''^^^''^- 
wealth, by information filed in said court by the attorney- 
general, and the secretary is hereby required to furnish the 
attorney-general with a list of the cities and towns, the 
assessors of which shall neglect to lodge in his office a certi- 
fied copy under oath of the assessors' books and tables of 
aggregates, agreeably to the provisions of this act, to the 
end that they may be prosecuted at the discretion of said 
olhcer. 

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

Approved May 11, 18G-1. 



how 



I'J 



146 



1864.— Chapters 211, 212. 



Chap.2U 



GoTernor may 
pay bounty for 
enlistments in 
navy credited 
militia quota. 



May suspend act 
by proclamation. 



May pay fraction- 
al bounty for 
proportional 
credit since Apr, 
11, "64. 



An Act in uelation to bounties to persons enlisting in the 

naval service. 
Be it enacted, ^'c, axfolloios: 

Section 1. The governor is authorized to offer and pay 
a bounty of one hundred dollars to any person who shall 
enlist in the naval service and be- credited as a part of the 
quota of this Commonwealth, under any future call of the 
president of the United States : provided, hoivever, that all, 
the provisions and restrictions of sections three and four, of 
chapter one hundred and forty-three of the acts of the year 
eighteen hundred and sixty-four, shall be applicable to such 
bounty ; and provided, further, that the governor, with the 
consent of the council, may suspend, by proclamation the 
operation of this section, whenever he shall deem expedient. 

Section 2. The governor is authorized to pay a portion 
of any bounty provided for persons enlisting in the naval 
service, to a person who has enlisted since the eleventh 
day of April, in the year eighteen hundred and sixty-four, 
or shall hereafter enlist in such service for a term of service 
which shall entitle the Commonwealth to only a fractional 
credit upon its quota : provided, however, that the propor- 
tion of such bounty so paid to any person shall not exceed 
such fractional credit. 

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

Approved May 11, 1864. 



Chap. 212 



Judge of probate 
may authorize 
mortgage for 
raising of money 
or removal of 
liens. 



Hearing upon 
petition of, to 
first bad. 



An Act to allow administrators and guardians to mortgage 

REAL estate OF THEIR INTESTATES AND WARDS. 

Be it enacted, Sfc, as follows : 

Section 1. When the judge of probate' in any county in 
whose court an estate is in process of settlement, is of the 
opinion that the interests of said estate require that the 
administrator should have power to mortgage the real estate 
of, his intestate, for the purpose of raising money to pay 
debts, or to remove liens existing thereon ; or that the 
guardians of spendthrifts and insane persons should have 
like power for the same purposes; he may by decree 
authorize such administrator or guardian to execute a mort- 
gage of the real estate of his intestate or ward, to an amount 
not exceeding that fixed by his decree. 

Section 2. No decree authorizing an administrator to 
' execute such mortgage, sliall be passed by any judge of 
probate, except after a hearing upon a petition from the 
administrator, or some party interested therein, which 
petition shall set forth a description of the lands to be 
mortgaged, the amount of money necessary to be raised, 



1864.— Chapter 213. 147 

and the reasons therefor ; and the written assent of all the ^fg^°*,^^>;^ 
heirs or their guardians shall be first obtained, unless all required, 
have joined in the petition. 

Section 3. No decree shall be granted upon the petition Petition of guar- 
of a guardian of a spendtiirift, or insane person, for the tilnVoruXDe 
power to mortgage the real estate of his ward, for the pur- ^^Scrand "^ 
poses named in the first section of this act, until due notice hearing. 
of the pendency of the petition, and of the time of the hear- 
ing of the same, sliall have been given to all parties inter- 
ested, in such manner as the court shall order, and a hearing 
had thereon. 

Section 4. In every mortgage executed under the pro- Authority to be 
visions of this act, the administrator or guardian shall set RKge^whic'L^haii 
forth in the mortgage that the same was executed by leave and warrbut 
of the court, and the date when such leave was granted, and "^^'Jf "^™*°* °^ 
such mortgage, when executed, shall bind the estate of the ^^^^' 
intestate and wards only, and shall not interfere with the 
proper settlement of the estate by such administrator or 
guardian. Approved May 11,1864. 

Ax Act in relatiox to the adoption of children. Chap. 21'5 

Be it enacted^ Sfc, asfollotos: 

Section 1. Whenever, in case of proceedings had under Publication of 
chapter one hundred and ten of the General Statutes, for SalTwhen'^name 
leave to adopt a child, the name of a parent entitled to notice b^„ow„''to court"' 
thereof is unknown to the court, and the petitioners shall 
make affidavit that they do not know and cannot ascertain 
the same, although they have in good faith endeavored to 
ascertain it, the court sliall order publication of the petition 
and such affidavit, and of its own order thereon, to be made 
once a week for three successive weeks in at least one news- 
paper published in the county where the petition is filed, 
together with such other publication as it may deem proper, 
if any, the last publication to be at least four weeks before 
the time appointed for the hearing. 

Section 2. The affidavit shall set forth the age, as nearly A^eand name of 
as may be, and the true name of such child, if known, and toa.lm'to beTt 
any other name or names by which it may have been known *"°''"'- 
and called, and the persons within whose custody it has 
usually been and is at the time of making the said affidavit. 

Section 3. If the parents or the survivor of them shall Parent not ap- 

-., , ^ ,. ,, , • -i 1- X- peanng, court 

not appear alter such notice, the court may m its discretion may appoint n«st 
appoint some suitable person to act in the proceedings as *^"'''"'^' 
next friend of the child, and to give or withhold consent in 
writing to the adoption tliereof. Approved iMai/ 11, 1801. 



148 1864.— Chapters 214, 215, 216, 217. 

Chan. 214 ^"^ ^^"^ ^^ ADDITIOX TO AN ACT RELATING TO THE TRIAL OF ISSUES 
' ' OF FACT. 

Be it enacted, Sj'c, a.'^ follows: 

Actof63,ch. Section 1. The first section of the one hnndred and 

ippiy to causM eightieth chapter of the acts of the year eighteen hundred 

in 8. J. court. ^,j(j sixtj-threc, entitled "An Act relating to the trial of 

issues of fact," is hereby so amended that the same shall not 

apply to the trial of any cause in the supreme judicial court. 

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

Approved May 11, 1864. 

Chap. 215 -^N -^^"^ '^O EXEMPT CERTAIN PERSONS FROM SERVICE AS JURORS. 

Be it enacted, Sj-c, as follows : • 

omcersofcharit- SECTION 1. Thc Superintendents, officers and assistants 
to''rn"s'tHuuo°s[ employed in or about either of the state hospitals, state 
kfe''pers°ana rail- ^l^^shouses, jails, lunatic hospitals, houses of correction, 
rn^iDee°rs"anT ^^^^^^^^ ^^ iudustry, rcform schools, or the state prison, 
tewhers.^ ''° kccpcrs of liglit-houscs, conductors and engine-drivers of 

railroad trains, and teachers in public schools, shall be 

exempt from service as jurors. 

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

Approved May 11, 1864. 

ChaV. 216 -^^ -^^^ RELATING TO DIVORCE. 

Be it enacted, ^-c, as follows : 
s. j.eourtmay SECTION 1. Whcu a divorcc from the bond of matrimony? 
three''ye'a°rs; au-*""^ for thc causc of adultcry, has been granted under the laws 
IgainsVwhom ^^ ^liis statc, or of any state or territory in the United- 
divorce was Statcs, cxccpt whcrc the party against whom the divorce 
ry?except° '"^'^' was granted has been convicted of the crime of adultery, 
the justices of the supreme judicial court, upon petition filed 
at any time after the expiration of three years from the date 
of the decree, by the party against w^hom the divorce was 
granted, if the party resided in this state at the time of 
granting the divorce, and upon such notice as the court 
shall order, may authorize such party to marry again. 
Act not to apply SECTION 2. Tliis act sliall not be applicable in any case 
if parties collude. -^^ ^j^j^j^ ^ dlvorco lias becu obtained by collusion of the 
parties. Approved May 11, 1864. 



Chap. 217 ^^ ^^'^ "^^ REPEAL CERTAIN ACTS RESPECTING THE POLICE COURT 
• "' OF TAUNTON. 

Be it enacted, Sfc, as foUoics : 

Repeal. SECTION 1. All the provisions of the General Statutes 

relating to the police court of Taunton, and all acts or parts 
of acts relating to the said court, arc hereby repealed. 



1864.— Chapter 218. 149 

Section 2. All causes pending before said court, when ^^^^^^p^"'^'''^, 
this act takes effect, shall be concluded as if this act had not 
passed, and for their services therein the same fees shall be 
paid to the justices and clerk, as trial justices are entitled to 
receive for like service. Approved May 11, 18G1. 

Ax Act coxcernixg state scholarships. Chap. 218 

Be it enacted, ^'c, as follows : 

Section 1. The school committees of the towns and school committee 
cities of each class may, in the year in which their class is cludidat'eT.'"'""^ 
entitled to scholarships, recommend as candidates therefor, 
young men, inhabitants of their town or city, who shall fur- 
nish the board of education with the certificate of the presi- president of coi- 
dent of some incorporated college in the Commonwealth, b°frd*ofeduca^ 
that they have been members thereof for the term of one ''°°- 
year at least, that they have been faithful in their studies, 
exemplary in their deportment, and rank in scholarship 
among the first half of their class ; and said board, together selection from 
with the senator, if he resides within any section of such «='^i"i''i'''es. 
class, shall select from such candidates one scholar from 
each section, whom they judge the most deserving and 
likely to become useful as a teacher. If any section presents Board may select 
no such suitable candidate, the place may be filled by the fi"itnc7F,l'num"- 
board from the candidates of the other sections of the same ber. 
class; and if from a deficiency of proper candidates less than 
ten scholars are selected from a class, the board may 
complete the number from the state at large. 

Section 2. The selections for scholarships required to selections by 
be made by the board, and by the senators within the Sobe'innuti. 
respective sections, shall be made at a meeting held annu- 
ally at the office of the secretary of the board, at such time 
in tlie month of August as the board appoints, of which the 
secretary shall give notice. The selections to be made by By board aione 
the board alone may be made at the same or at any other ^"""^ *""^' 
time during the year. 

Section 8. Any such scholar after leaving college shall, Duty of scholar 
unless excused therefrom by the board of education, attend college'''''"^ 
a state normal school at least one term, and for each term 
not exceeding two during which he attends such school, he 
shall, u))on producing a certificate of such attendance and of 
the faithful and exemplary performance of his duties there 
from the i)rincipal master thereof, be paid by the board of Gratuity, 
education, from any unexpended balance of the funds pro- 
vided by section ten of the thirty-seventh chapter of the 
General Statutes, the sum of fifty dollars. 



150 1864.— Chapters 219, 220, 221. 

Repeal. SECTION 4. Sectioiis third, fifth and eighth of chapter 

thirty-seventh of the General Statutes are hereby repealed. 

Approved May 11, 1861. 

Chap. 219 ■'^N Act in addition to an act to define and regulate the 
^ ' enforcement of the liabilities of officers and stock- 

holders OF manufacturing corporations. 

Be it enacted, §'c., as follows : 

Clerk of corpora- SECTION 1. It shall bc the duty of the clerk or other 
upon'^requMt'o'f officcr having charge of the records of any manufacturing 
tor ^ust of officer' corporatiou against which judgment has been recovered and 
and stockholders exccutiou Issucd aud rctumed unsatisfied, according to the 
meaced"' *"""" provisious of the third section of chapter two hundred and 
eighteen of the acts of the year eighteen hundred and sixty- 
two, upon reasonable request of the judgment creditor, or 
of the attorney of such creditor, to furnish him a certified 
list of the names of all persons who were officers and stock- 
holders in such corporation at the time of the commencement 
of the suit in which judgment was recovered. 
Penalty for ref us- SECTION 2. If any officer unreasonably refuses to give the 
certiflcrte"^ ^^^''^ Certificate aforesaid, or wilfully gives a false certificate, he 
shall be liable for double the amount of all damages occa- 
sioned by such refusal or false certificate, to be recovered in 

an action of tort. Approved May 11, 1804. 

Chap. 220 ^N -^CT concerning the custody of the returns of life 

insurance companies. 
Be it enacted, §'c., as follows. • 
Insurance com- SECTION 1. The insurancc commissioners shall have 
S'pub^Sn authority to prevent the publication of any part of the 
Trt'tok"^^iL''^' ^""ual statements of the life insurance companies, until 
ture. such time as the annual report of said commissioners is 

made to the legislature. 

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

Approved May 11, 1864. 

Chap. 221 -^N Act authorizing the town of woburn to establish 

PUBLIC baths. 

Be it enacted, ^'c, as follows: 

Town authorized Section 1. Thc towu of Woburu is hereby authorized 
proprilte money" ^^ raisc by taxatiou or otherwise a sum of money not to 
exceed three thousand dollars, and appropriate the same in 
establishing public baths for the use of the inhabitants of 
said town. 
By-laws, town SECTION 2. Tlic sclectmcn of said town are hereby 
may establish, authorized to establish such regulations and by-laws, relat- 
ing to the use and management of said baths as they may 
deem proper, but the town may abrogate or amend such 



1861— Chapters 222, 223. 151 

regulations or by-laws at any legal town meeting called for 
that purpose. 

■ Section 3. This act shall not take effect unless it shall ^^^l^^""" '° 
first be accepted by said town at a legal town meeting called 
for that purpose by two-thirds of tlie voters present and 
voting thereon. Approved May 11, 1864. 

An Act to protect cut beach in the town of Gloucester. Chap. 'Z'2'2 
Be it enacted, Sfc, as follows : 

Section 1. No sand, gravel, earth or stones shall be Removal of grav- 
removed from the beach or upland lying south of and by^^town, 'forWd- 
adjoining Western Avenue, formerly Canal Street, in the '^''°" 
town of Gloucester, extending from the old fort to the 
upland of Benjamin K. Hough and others, except for the 
municipal uses of said town of Gloucester, and by a vote 
of its inhabitants. 

Section 2. Chapter one hundred and thirty of the acts Repeal. 
of the year eighteen hundred and fifty-nine, is hereby 
repealed. Approved May 11, 1864. 

An Act concerning the Massachusetts agricultural college. Chap. 223 

Be it enacted, §'c., as follows : 

Section 1. The corporate name of "The Trustees of change of corpo- 
tlie Massacliusetts Agricultural College," shall hereafter be ^'^'^"'^™*'- 
" The Massachusetts Agricultural College." 

Section 2. The location, plan of organization, govern- Loeation, govern- 
ment and course of study, prescribed for said college shall ""*"'' ^'""^y- 
be subject to the approval of tlie governor and council. 

Section 3. It shall be the duty of the commissioner commissioner 
authorized to be appointed by section three of chapter one "o°s^eu ranVLrlp. 
hundred and sixty-six of the acts of the year eighteen hun- 
dred and sixty-three, to sell from time to time the land scrip 
which may come into the possession of the Commonwealth 
by virtue of said act, on' such terms as the governor and 
council shall determine. 

Section 4. The governor, with the advice and consent of Governor to 
the council, is hereby authorized and instructed to transfer legrone-tenth 
to the Massachusetts Agricultural College one-tenth of the :^Tp"re'cefv'e7'^ 
entire amount of land scrip received by the Commonwealth *"■'""',".■?• ^^l"" 

p .1 TT . 1 o.. . 1 . . ,y n actof July, '02. 

Irom the United States, by virtue ot an act of congress, 
approved by the president, July second, in the year eighteen 
hundred and sixty-two, entitled " An Act donating Public 
Lands to tlie several States and Territories which may pro- 
vide Colleges for the benefit of Agriculture and the Mechanic 
Arts;" and the proceeds from the sale of said land scrip Proceeds of Baiea, 
shall be expended only for the purchase of land for the use rnTesT'*"' °' 



152 1864.— Chapter 224. 

of said college. If any portion of such proceeds shall 
remain unexpended after the purchase of a suitable site or 
farm for said college, then said college shall pay the same 
over to the treasurer of the Commonwealth, who shall invest 
and hold the same as a part of the fund for the promotion of 
education in agriculture and the mechanic arts, established 
by the fourth- section of the one hundred and sixty-sixth 
chapter of the acts of the year eighteen hundred and sixty- 
three. 
Advance of mon- Hection 5. To defray the necessary expenses of estab- 
for ex^enses'au'^ lishiug aud maintaining the Massachusetts Agricultural 
thomed. College, there may be advanced from the treasury, to be 

refunded, as provided in section sixth of this act, the sum 
of ten thousand dollars, and the governor is hereby author- 
ized to draw his warrants therefor : provided^ that the money 
shall be paid to the treasurer of said college iii quarterly 
instalments on the first days of June, September, December 
and March next. 
Annual income SECTION 6. All moucys rcccived by the treasurer of the 
lished'Lnder act Commonwcaltli, as the annual interest or income of the fund 
re f men^t'"'^ '° established by the one hundred and sixty-sixth chapter of the 
acts of the year eighteen hundred and sixty-three, and spec- 
ially set apart for the use of the Massachusetts Agricultural 
College, by the eighth section of the two hundred and 
twentieth chapter of the acts of said year, shall first be 
applied to the repayment of the appropriation made in the 
preceding section, and the balance shall be paid to the 
treasurer of the college. 

Repeal regarding SECTION 7. So mucll of SCCtioU thrCC of cliaptcr OUC huU- 

S*and°gin"erai drcd and sixty-six of the acts of the year eighteen hundred 
sixty-three as authorizes the commissioner therein 
named to locate land scrip of the Commonwealth, and so 
much of section six of chapter two hundred and twenty of 
the acts of the year eighteen hundred and sixty-three as 
provides that the location, plan of organization, government 
and course of study prescribed for said college shall be sub- 
ject to the approval of the legislature, and all other acts and 
parts of acts inconsistent herewith, are hereby repealed. 
Section 8. This act shall take effect upon its passage. 

Approved May 11, 1864. 

Chan 1^^ ^^ -^^"^ '^^ CONFIRM certain acts of henry a. EDWARDS AS A 
-f^* '^ SUPERINTENDENT OF ALIEN PASSENGERS. 

Be it enacted, c^c, as follows : 
Arts from Oct., SECTION 1. Thc acts and doings of Henry A. Edwards, 
'59, to Feb., '64. ^^ g^ superintendent of alien passengers, from the seven- 



1864.— Chapters 225, 226, 227. 153 

teenth day of October in the year one thousand eight hun- 
dred and fifty-nine to the fifteenth day of February in the 
year one thousand eight hundred and sixty-four, are hereby 
made valid, ratified and confirmed as fully as if during said 
interval he had been qualified to discharge the duties of 
said office by taking and subscribing his official oath. 
Section 2. This act shall take effect upon its passage. 

Approved May 11, 1864. 

Ax Act authorizing the establishment of the boston asylum Chcin. 225 

FOR inebriates. 

Be it enacted, cVc, as follows: 

The city of Boston is hereby authorized to establish and city of Boston to 
maintain at Deer Island or elsewhere within the limits of ^^"^ 
said city, to be under the charge of the board of directors supervision. 
for public institutions, an asylum to be called the Boston 
Asylum for Inebriates, to which persons requiring the bene- 
fits of such an institution may be admitted as boarders, 
upon such terms and conditions as the said board of direc- Terms of admia- 
tors may determine, subject to the approval of the city 
council of Boston. A improved May 11, 1864. 

An Act to change the name of the type-setting machine Chan 226 

company. -* * "^ 

Be it enacted, §r., as follows : " 

Section 1. The Type-Setting Machine Company shall Name changed. 
hereafter be known as the Type-Setting and Justifying 
Machine Company, 

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

Approved May 11, 1864. 

An Act to incorporate the hopkinton savings bank. Chap. 227 

Be it enacted, Sj-c, as follows : 

Section 1. Lee Clafiin, Lovett H. Bowker, Edwin S. corporators. 
Thayer, their associates and successors are hereby made a 
corporation, by the name of the Hopkinton Savings Bank, Name. 
to be established and located in the town of Hopkinton, 
with all the powers and privileges, and subject to all the Powers and 
duties, liabilities and restrictions, set forth in the fifty-sev- '^"'''''" 
enth chapter of the General Statutes, and in all other laws 
of this Commonwealth relating to institution for savings. 

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

Approved May 11, 1864. 
20 



154 



1864.— Chapter 228. 



Chap. 228 



Draws in bridge 
across Merrimack 
Kiver to be con- 
structed. 



Comiflissioner, 
how appointed. 



Draw, duties con- 
ceruiug, etc. 



An Act to authorize, the eastern railroad company to 
straiguten its location over merrimack river. 

Be it enacted, ^'c, as follows : 

Section 1. The Eastern Railroad Company is hereby 
autliorized to change and straighten the location of its rail- 
road as follows, to wit : beginning at a point in its present 
location near and north-easterly of its depot in Newbury- 
port, thence diverging northerly to the left bank of the 
Merrimack River, thence continuing by a nearly straight line 
about three-fourths of a mile to the present location of said 
road in the town of Salisbury ; with power to locate, con- 
struct and maintain a railroad, and to discontinue so much 
of its present road as said company may deem expedient, 
between said terminal points ; and said company in locating 
and constructing said railroad shall have all the rights and 
privileges and be suliject to all the duties and liabilities set 
forth in the general laws relating to railroads and railroad 
corporations. 

Section 2. The bridge across the Merrimack River on 
said new location, shall be constructed with a good and suffi- 
cient " pivot draw," having two openings of not less than 
sixty-five feet each ; said draw and bridge to be constructed 
under the direction of a commissioner to be appointed for 
that purpose by the supreme judicial court sitting in any 
county, on the petition of said railroad company, such 
notice as the court may order on said petition being first 
given to the city of Newburyport and the town of Salisbury 
and to such other parties as required by said order. The 
compensation of said commissioner and the costs of procur- 
ing his appointment shall be borne by said company. Said 
corporation shall be held liable to keep said draw in good 
repair and to open the same and to afford all proper accom- 
modations to vessels having occasion to pass through the 
same by day or by night ; and shall leave the lower flooring 
of the present bridge secure and of proper strength for 
common travel, and shall within eight months from the time 
of the completion of the new bridge remove such por- 
tion of the upper work as may be spared without weakening 
the structure : provided, that the said company shall within 
eight months from tlie time of the completion of its said 
new bridge, construct and put into the present bridge a new 
draw not less than sixty-five feet in width, with sufficient 
piers and other structures to make the same secure and of 
proper strength for highway travel ; such new draw in said 
present bridge to be constructed and such alterations to be 
made under the supervision of said commissioner and to be 



1864.— Chapter 229. . 155 

opposite as near as may be to the draw in the new bridge, 

with convenient buoys for hauling vessels from one draw to 

the other ; and any artificial obstructions which have '^een obstmctionsin 

placed in the channel-way of said draw shall be removed. 

Section 3. In case said railroad company shall elect not Drawtobemain- 
to build its new bridge on the location and on the conditions company "bina" 
prescribed in the foregoing section, but shall elect instead prlsfut°s°ruc'l°'^ ' 
thereof to build a new bridge on the site of the present ture. 
structure, then the said railroad company shall make and 
maintain in such new bridge on the present site a good and 
sufficient draw, of the width of not less than sixty-two feet, 
with sufficient piers and other structures for the support of 
said bridge and draw ; the same to be built under the direc- 
tion of a commissioner to be appointed by the supreme 
judicial court and paid by said corporation. 

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

Approved May 11, 1864. 

An Act concerning street railway corporations. Chat). 229 

Be it enacted, Sfc, as folloios : 

Section 1. Street railway companies shall have the ^°^"g^*"^,'^'*" 
powers and privileges, and be subject to the duties, liabili- defined, 
ties, restrictions and provisions contained in this act, which, 
so far as inconsistent with charters heretofore granted, shall 
be deemed and taken to be in alteration and amendment 
thereof. 

Section 2. The stockholders of every such corporation Directors to be 
shall annually choose by ballot from their own number, not «i^°^«° ^''""'"'y- 
less than five directors, who shall hold theii; offices one year, 
and until others are chosen in their places. The immediate Powers: required 
government and direction of the affairs of the corporation de'T'^auTtreas-'^' 
siiall be vested in the board of directors, who shall elect one "™'^- 
of their number to be president of the board and of the 
corporation, and shall elect a clerk and a treasurer of the 
corporation. The clerk shall be sworn, and the treasurer Bonds of treas- 
shall give bonds witli sufficient sureties, to the corporation, "■""• 
in the sum required by the by-laws for the faithful discharge 
of his trust. 

Section 8. Meetings of the corporation shall be called Meetings of cor- 
and notified in the manner provided in the by-laws, or if the Kd.""' ''""^ 
by-laws make no provision on the subject, in the manner 
provided in the third section of the sixty-eighth chapter of 
the General Statutes. 

Section 4. At all meetings each member shall be cnti- votes of mem- 
tled to one vote for each share held by him : proridcd, that \>'"y\»o. 
he shall not be entitled to a vote for any shares beyond one- 



156 



1864.— Chapter 229. 



Votes by proxy, 
Talidity defiDed. 



Penalty for im- 
plication of officer 
in proxy. 



Shares, par value. 
Number. 



Oertificate to be 
filed before road 
is commenced. 



Liabilitie.s of di- 
rectors before 
payment of 
capital. 



Corporations pre- 
Tiouslv organized 
shall file certifi- 
cates. 



tenth part of the whole number of shares of the stock of 
the corporation. No vote shall be given \ipon shares owned 
by tl)e corporation or pledged in any form to or for its 
benefit. 

Section 5. No proxy shall be valid unless executed and 
dated within six months previously to the meeting at which 
it is used ; and no person shall, as proxy or attorney, cast 
more than fifty votes, unless all the shares so represented by 
him are owned by one person ; and no officer of the corpo- 
ration shall, as proxy or attorney, cast more than twenty 
votes. Any salaried officer in the corporation who asks for, 
receives, or is the medium of transmission of a proxy in 
said corporation shall, upon proof of the same, be removed 
from office, and shall forfeit a sum not exceeding five hun- 
dred dollars, and thereafter be ineligible to office in the 
corporation. 

Section 6. The capital stock of every such corporation 
hereafter organizeid, shall be divided into shares of one hun- 
dred dollars each. The number of shares shall, from time 
to time, be fixed by the directors, subject to the limitation 
named in its charter. No corporation shall begin to build 
its road until a certificate is filed in the office of the secretary 
of the Commonwealth, signed and sworn to by the president, 
treasurer, clerk and a majority of the directors, stating that 
the amount of capital stock so fixed, which shall in no case 
be less than one-half the amount authorized by its charter, 
has been unconditionally subscribed for by responsible par- 
ties, and that fifty per cent, of the par value of each and 
every share of the same has been actually paid into its 
treasury in cash. No certificate of stock shall be issued 
until the par value thereof shall have been actually paid 
into said treasury in cash ; and the directors of the corpora- 
tion shall be jointly and severally liable to the extent of the 
capital stock fixed, for all debts and contracts made by the 
company, until the whole amount of the capital stock, fixed 
and limited as aforesaid, is paid in, and a certificate stating 
tlie amount of the capital stock so fixed, limited and paid 
in, is signed and sworn to by the president, treasurer, clerk 
and a majority of the directors, and filed in the office of the 
secretary of the Commonwealth, Corporations heretofore 
organized shall, within thirty days after the passage of this 
act, file in the office of the secretary of tl\e Commonwealth 
certificates signed and sworn to by the president, treasurer, 
clerk and a majority of the directors, stating the amount of 
their capital stock then outstanding. 



1864.— Chapter 229. 157 

Section 7. After the capital stock of the corporation capitaKstock. 
has been fixed, and the evidence thereof is filed in the office '""'"*'"'' • 
of the secretary of the Commonwealth, as provided in the 
preceding section, no increase thereof shall be made, unless 
authorized by vote of the stockholders at a meeting called 
for that purpose, and no certificate of stock beyond the losueofcertm- 
amount so fixed shall be issued until a duly certified vote '"'^^' 
subsequently passed by the directors, fixing the capital stock 
at some larger amount, has been filed in the office of the 
secretary of the Commonwealth, together with a certificate 
signed and sworn to by the president, treasurer, clerk and a 
majority of the directors, stating that the full amount of the 
proposed increase of capital stock has been paid into the 
treasury of the company in cash ; and whenever an increase Rights of stock- 
of capital stock takes place, and the new stock is to be dis- ^c°rib7for°De"w' 
tributed among the shareholders, every shareholder shall ^'°'='^- 
liave the right, wdthin a period of thirty days, to subscribe 
for and take an amount of said stock, bearing the same 
proportion to the number of shares previously held by him, 
as the amount of new stock bears to the number of shares 
previously outstanding. 

Section 8. The directors may, from time to time, make Assessments on 
such equal assessments on all the shares subscribed but not gto^k"^"""^ '° 
paid up, as they deem expedient and necessary for the pur- 
poses of the corporation, and may direct the same to be paid 
to the treasurer, who shall give written notice thereof to the 
subscribers. If a subscriber neglects to pay his assessment on neglect to 
for thirty days after such notice from the treasurer, the S^y seu X^s. 
directors may order the treasurer, after giving notice of the 
sale, to sell such shares by public auction to the highest 
bidder ; and the same shall accordingly be transferred to the 
purchaser. If the shares of a subscriber do not sell for a Liability of sub- 
sura sufficient to pay his assessments, with interest and ^criber. 
charges of sale, he shall be liable to the corporation for any 
deficiency ; if such shares seH for more, he shall be entitled 
to the surplus remaining. No assessment shall be laid upon 
the shares beyond the par value thereof. 

Section 9. When a subscriber has been duly notified lughts forfeited 
and has paid nothing upon his subscription, after thirty ofassetsmeX' 
days from the time when an assessment has become due, 
his rights inider said subscription may be declared forfeited 
by the directors, who may transfer said riglits to any person 
who subscribes for the same and pays the assessment due. 

Section 10. The shares in the capital stock of such cor- shares deemed 
porations shall be deemed personal estate, and may be trans- pe^onai estate, 
ferred by a conveyance in writing, recorded by the treasurer, 



158 



1864.-^Ch AFTER 229. 



Transfers to be 
recorded. 



Petition for 
charter, notice 
of pendency and 
designation of 
route required. 



Conditions of 
validity of acts of 
incorporation. 



Corporation may 

hold 

estate 



Board of alder- 
men or selectmen 
may locate 
tracks. 



May make loca- 
tion conditional. 



Change of loca- 
tion and tracks. 



in books kept iii liis office. No conveyance of shares shall 
l)e valid against any other persons than the grantors or their 
legal representatives unless so recorded. On making the 
transfer and surrendering the old certificate a new certifi- 
cate shall be granted. 

Section 11. No petition for a charter shall be acted 
upon until notice of the pendency thereof has been given 
according to law, which notice shall designate the intended 
route with such certainty as to give information to all per- 
sons interested therein that their rights may be affected by 
the granting of the petition, and that they may have an 
opportunity to appear and object thereto. 

Section 12. The act incorporating any street railway 
company shall be void unless the same is accepted by said 
company within six months, and shall be void so far as relates 
to the right to construct a road within the limits of any city 
or town, unless the same shall be accepted by the city coun- 
cil of such city, or the selectmen of such town, within one 
year, and unless some portion of said road is located and 
built and put in operation within eigliteen months from the 
passage of said act. This section shall not apply to existing 
corporations. 

Section 13. Every such corporation shall have power to 
purchase and hold such real and personal estate as may be 
necessary or convenient for the operation of its road. 

Section 14. The board of aldermen of any city, or the 
selectmen of any town, in which any corporation is autlior- 
ized to construct a street railway may, upon the petition of 
such corporation, locate the tracks thereof within their 
respective jurisdictions, pursuant to the provisions of its 
charter : pi'ovided, that before proceeding to locate such 
tracks, they shall give notice to all parties interested, by 
publication in such newspapers, or otherwise, as they may 
determine, at least fourteen days before their meeting, of 
the time and place at which they will consider such location. 
After a hearing of all parties interested, they shall pass an 
order refusing the location, or granting the same, or any 
portion thereof, under such restrictions as they deem the 
interests of the public may require, and the location thus 
granted shall be deemed and taken to be the true location 
of the tracks of the corporation, if its acceptance tliereof, in 
writing, is filed with said mayor and aldermen or selectmen 
within thirty days after receiving notice thereof. The loca- 
tion and position of any tracks may be altered upon appli- 
cation of any party interested, by the same authority, and 
in the same manner, as is herein provided for the original 



1864.— Chapter 229. 159 

location. The expense of such alteration shall be borne by Expense, how 
such part}^ as the board of aldermen or selectmen may deter- 
mine. 

Section 15. The board of aldermen of any city, or the Board of aider- 
selectmen of any town may, at any time after the expiration may revoke! ™*^° 
of one year from the time of tlie opening for use of any 
street railway in such city or town, if in their judgment the 
interests of the public require, after notice published as pro- 
vided in the preceding section, and a hearing, order that tiie 
location of any of the tracks in any street or highway shall 
be revoked, and the railway corporation shall thereupon Railroad corpo- 
remove the same, in conformity with such order, and put moyTtracksf^' 
the street in as good condition as it was in immediately 
before being occupied by said tracks. If said corporation on neglect. aider- 
neglects to execute such order and make such repairs, after J^^" wmove'"'^'' 
thirty days' notice thereof, then said board of aldermen or 
selectmen may cause the same to be executed and made at 
the expense of the railway corporation, to be recovered in 
an action of tort. 

Section 16. The board of aldermen of any city, or the May establish 
selectmen of any town, in which a street railway is operated [ioug.*""^ '"'^"'*" 
may, from time to time, establish by an order such rules 
and regulations as to the rate of speed, mode of use of the 
tracks, and 'removal of snow and ice from the same, as in 
their judgment the interest and convenience of the public 
may require. If any street railway corporation, its servants penalty for vio- 
or agents, wilfully or negligently violates any such rule or ^''"°°- 
regulation of said board of aldermen or selectmen, such 
corporation shall be liable to a penalty of not more than five 
hundred dollars for each otfence. 

Section 17. Cities and towns may take up any of the Po^ver of cities 
streets or highways traversed by street railways for any pur- hlghwa^rnot" 
pose for which they are now authorized to take up the same, abridged. 
or may alter or discontinue the same, as now authorized by 
law, without being liable in damages therefor to any railway 
corporation or the owners of its stock. 

Section 18. Every street railway corporation, its lessee naiiroadcorpora- 
or assigns, shall maintain and keep in repair sucli portions streetfand'''''''' 
of the streets, roads and bridges, respectively, as are occu- iridges in repair, 
pied by its tracks, and eighteen inches on each side thereof, 
to the satisfaction of the superintendent of streets, the 
street commissioner or tiie surveyors of highways, and shall Liability rormis- 
l)e lial)lc for any loss or injury that any person may sustain agents!'*' 
by reason of any carelessness, neglect or misconduct of its 
agents and servants, in the construction, management and 
use of its tracks; and in case any recovery is liad against 



160 



1864.— Chapter 229. 



Liabilityto towns 
and other corpo- 
rations for cer- 
tain defects in 
highway. 



Disuse of tracks 
for six months 
abrogates right 
of continuance. 



Towns may tem- 
porarily discon- 
tinue use of 
tracks. 



Gauge of track. 



Penalty for wil- 
ful obstruction of 
corporation. 



Regulations for 
notice of ap- 
proaching cars. 



Penalty for ob- 
struction by cor- 
poration. 



any city or town, steam railroad, turnpike or bridge corpo- 
ration, respectively, by reason of any defect or want of 
.repair caused or permitted by the street railway corporation 
of that part of any street, highway or bridge, occupied by 
its tracks, and eighteen inches on each side thereof, said 
street railway corporation, its lessees or assigns, shall be 
liable to said city or town, steam railway, turnpike or bridge 
corporation, respectively, for any sums recovered against 
either of them, together with all costs and reasonable expen- 
ditures incurred by them, or either of them, in the defence 
of any suit or suits in which recovery is had, by reason of 
such defect or want of repair, provided the corporation, its 
lessees or assigns, had reasonable notice of such suit or suits, 
and an opportunity to assume the defence thereof. 

Section 19. If a street railway company voluntarily dis- 
continues the use of any part of its tracks for a period of 
six months, the streets or highways occupied by the same 
shall, upon the order of the board of aldermen of the city 
or the selectmen of the town, forthwith, at the expense of 
said company, be cleared of said tracks, and put in as good 
condition for the public travel as they were in immediately 
before being so occupied. 

Section 20. The board of aldermen of any city or the 
selectmen of any town, may order any street railway corpo- 
ration to discontinue temporarily the use of any tracks 
within the limits of such city or town, whenever they 
adjudge that the safety or convenience of tlie inhabitants 
requires such discontinuance. 

Section 21. All street railway corporations shall con- 
struct and maintain their tracks of a uniform gauge of four 
feet eight and one-half inches. 

Section 22. Whoever wilfully and maliciously obstructs 
any such corporation, its lessees or assigns, in the legal use 
of any railway tracks, or delays the passing of the cars or 
railway carriages of such corporation, or of its lessees or 
assigns thereon, such person, and all who shall be aiding or 
abetting therein, shall be punished by a fine not exceeding 
five hundred dollars, or may be imprisoned in the common 
jail for a period not exceeding three months. The board of 
aldermen of any city, or the selectmen of any town, may 
establish such regulations for giving notice or warning of 
the approach of street cars by the driver or conductor, as 
shall in tlieir opinion best secure the unobstructed use of 
the tracks and the free passage of cars. 

Section 23. If any street railway corporation, its agents 
or servants, wilfully or negligently obstructs any street or 



1864.— Chapter 229. 161 

highway, or hinders the passing of carriages over the same, 
or wilfully detains the cars of any other company liaving 
thQ lawful right to pass thereon, such corporation shall be 
punished by a ftne not exceeding five hundred dollars ; and 
the agent or servant so offending shall be punished by a fine 
not exceeding ten dollars for each offence, or by imprison- 
ment in the common jail for a period not exceeding three 
months. 

Section 24. No street railway corporation shall sell or saie or lease of 
lease its road or property unless authorized so to do by its ^''"p®'^^' 
charter, or by special act of the legislature. The party Lessee of railroad 
leasing any such railway shall make to the corporation own- ^ ^wnLg^wm- 
ing the same, annual returns, verified by oath, of the opera- p*°y- 
tions and business of the road ; and for any failure to do so, 
shall be liable to said corporation for all the penalties pre- 
scribed by law for a failure, on the part of the corporation, 
to make annual returns to the legislature ; and all penalties 
accruing to such corporation under this section may be 
recovered in an action of tort. The corporation owning owning corpora- 
such leased road shall be responsible to the legislature for «°°'^«spo°"bie. 
the completeness and correctness of its annual returns to 
the same extent as if the road was in its own possession. 

Section 25. The several street railway corporations whose certain corpora- 
cars are, from time to time, run upon routes approaching g'tation'-MomTfo? 
Scollay's Building, in the city of Boston, and going past or P,gco*',°jf"*'Bui|j, 
from the same by return tracks, shall unite in providing ing" in Boston, 
reasonable station accommodations, at or near the site of 
said building, for all passengers having occasion to take or 
leave the cars, or exchange cars, at that point. In case of in case of ais- 
disagreement between the several corporations as to the onrs.Tc'oun"' 
accommodations to be provided, and the proportional ex- 8ion°Mdd°edSon 
pense thereof to be borne bv them, or as to any matter con- approved by 

^ . , .„.,"' ' . , •' /> • 1 court, to be final. 

nected therewith, or if said corporations neglect to furnish 
such accommodations, the supreme judicial court may, upon 
application of either corporation, or on the petition of fifty 
legal voters, and notice to the other parties interested, 
appoint three commissioners, after due notice to and a hear- 
ing of the parties, who shall decide all questions relating 
thereto, that may arise between the parties ; and the award 
of the commissioners or a major part of them, being 
returned to and approved by the court, shall be final. 

Section 26. Every such corporation shall furnish rea- Accommodations 
sonable accommodations for the conveyance of passengers, anVratesof^fuM 
and the directors may establish the rates of fare on all pas- 
sengers and property conveyed or transported in its cars, 
subject, however, to the limitations named in its charter. 
21 



162 1864— Chapter 229. 

Passenger in Aiiv passenger ridiiiar from any point in the city of Boston 

Boston entitled ^ "^ ' ^, • x • -j -^ • xi • i 

to check, current to aiiy otliei" pouit HI saiQ City, HI a car run therein by any 

o°the7coTporation corporatloii sliall, upon paying one cent in addition -to the 

on same day. estabHshcd fare for such passage, being in the whole not less 

than six cents, receive a check which shall entitle him to a 

passage, on the same day only, in any car run in said city 

by any other corporation, between any two points therein : 

Proviso. provided^ that no corporation shall take any larger sum 

beyond six cents for both of the passages aforesaid, including 

the check but not including the toll upon any bridge or 

ferry, than a sum equal to the lowest fare charged by either 

corporation for a passage in the city of Boston, and one cent 

Entitled to addi- added thcrcto. Any passenger riding in the car of any cor- 

tional convey- . „ "^ .' . ^, • <. r> , ■ 

ance without city poratiou irom any point in the city oi Boston, to any other 
on same day. point iu Said city, or from any point without said city to any 
point therein, the established fare between such points being 
not more tlian six cents, shall, upon paying three cents in 
addition to the established fare, being in the whole, not less 
than eight cents, receive a check which shall entitle him to 
a passage on the same day only, in any car run by any other 
corporation, between any two points in said city, or from 
any point tlierein to any point without said city, the estab- 
lished fare between such points being not more than six 
Proviso. cents : provided^ however^ that a corporation, whose cars 

cross a ferry or toll bridge within the aforesaid limits may 
collect of passengers crossing said ferry or toll bridge upon 
commutation checks one cent additional for the ferry or 
Limitation upon bridge toU ; and no ferry corporation or commissioners of a 
complSes.^^"^ toll bridge shall exact of a railway company whose cars 
cross a ferry or toll bridge less than one mile in length, any 
other toll than one cent on each passenger carried across in 
Redemption of Its cars. Tlic Corporations issuing such checks shall redeem 
the same once a week, paying therefor to the corporations 
presenting them one-half of the amount received as fare of 
Provisions of the passcngcrs to whom the checks were sold. The pre- 
strued.' ''°'"'°°" ceding provisions of this section shall not be construed to 
affect any contract between street railway corporations, 
made prior to the first day of January, eighteen hundred 
Fares, commis- and sixty-four. The board of aldermen of any city, the 
by's-'j^court**'' Selectmen of any town, or fifty legal voters of any city or 
rn*ifmTtatlon"pre- ^owu ill wliicli any street railway is located, may apply to 
scribed. tlic suprcmc judicial court for the appointment of three 

commissioners, who shall, after due notice and hearing of 
all parties interested, revise and regulate the fares as deter- 
mined by the corporations ; but such fares shall not, without 
the consent of tlie corporation, be so reduced as to yield, 



1864.— Chapter 229. 163 

with all other profits derived from operating its road, an 
income of less tlian ten per cent, upon tlie actual cost 
of the construction of its road and the purchase of property 
for its necessary use, to be determined- by said commission- 
ers. The report of the commissioners, confirmed by the ^^'^0"^"^ b** s" 
supreme court, shall be final and conclusive for at least one /court to be' 
year. The expense of said application and hearing shall be fi"*^*'°'^°°«y«'*'' 
borne by such party as tlie supreme court may determine. 
This section shall not be held to authorize anv corporation increase of fare, 

. ^ . . , • , 1 i r- /> . 1 • limitation de- 

or said commissioners to raise the rate of fare or the price fined, 
of tickets, above what has been heretofore established as 
such rate or price for any locality, by agreement made as a 
condition of location or otherwise between such corporation 
or its directors, and the mayor and aldermen of any city or 
the selectmen of any town, except by a mutual arrange- 
ment with the mayor and aldermen or selectmen with whom 
an agreement was made, fixing a rate as a condition for a 
location. 

Section 27. Any street railway corporation running cars Passenger enti- 
in any city, and having tracks extending beyond the limits trlnsfer to'^otLr 
thereof to adjoining cities or towns, shall furnish a passen- «'*^^°f «ame com 
ger in any of its cars not running the whole distance, on 
payment of the established fare to any designated point 
beyond the city, a check, not transferable, which shall enti- 
tle him to a passage, on the day of its issue, and on that 
day only, from the end of the route of the car in which he 
pays his fare, or from where it turns off from the direct 
route to the passenger's destination, in any car run by said 
corporation to th-e designated point. Any person transferring Penalty for 
such check, or any check that he may receive in accordance scnger'to^otheT 
with the provisions of the twenty-sixth section of this act, p"'°°- 
with or without consideration, shall forfeit not exceeding ten 
dollars, to be recovered by complaint to the use of the cor- 
poration. 

Section 28. Whenever the track of any street railway conveyance on 
corporation connects with tlie track, or terminates at the ouroTBofton"!'''' 
terminus of the railway of another such corporation, ncitiier j.heJks^.''''^* °^ 
of which runs cars witliin or into the city of Boston, eitlicr 
of said corporations may require the other corporation to 
transport passengers in its cars upon the presentation of 
checks issued by the first named corporation to passengers 
going from its railway to any point or points on the railway 
of the other corporation ; and if such corporations are incaseofdis- 
unable to agree upon the terms and conditions upon which co'^tlZ^ylp.^' 
such commutation, transfer or exchange tickets shall be e^onersTTiU. 
issued, tlie supreme judicial court, upon tlie petition of 



164 1864.— Chapter 229. 

either party, and notice to the other, may appoint three 
commissioners, who, after due notice to, and hearing of, the 
parties, shall establish the terms and conditions on which 
commutation, transfer or exchange tickets shall be issued, 
and shall fix and determine all other things needful to 
insure and subserve the convenient transfer of the passen- 
gers upon one railway to the cars of the other, therein to be 
b^courrTcTbr'^ transported to a point or points on such railway. The com- 
bfndtug for°one missioncrs, in their award, shall have reference to the conven- 
re'rise^'^ "°"^ icncc and interest of the public and of the corporations to be 
accommodated or affected thereby, and the award of the 
commissioners, or of a major part of them, being returned 
to and approved by the court, shall be binding upon the 
respective corporations interested therein, until the same is 
revised or altered by commissioners, upon like notice and in 
like manner appointed ; but no such revision or alteration 
shall be made within one year from the acceptance of such 
Corporation fail- award : providecl, hoivever, that if any such corporations 
request^ci«zens ucglcct to apply to the suprcmc judicial court for the 
^mmiMioa!"" appointment of commissioners as aforesaid, for one month 
after they have been requested so to apply by fifty legal 
voters of any city or town, said number of voters may apply 
to said court for the appointment of commissioners as afore- 
said, who shall have the same powers as if appointed on the 
petition of said corporations. 
Tnd'^seofTracks SECTION 29. Whenever any street railway corporation, 
of one corpora- duly authorizcd by law, either itself or by its lessees or 
in^casJofdis-'"^'^' assigus, has entered upon and uses, or proposes to enter 
miSCTs'toTe "poii ^"<1 "se, the tracks, or any portion thereof, of another 
appointed, upon sucli corporatlou, and the corporations cannot agree upon 
party"" ° *'* " the mauuer and conditions of such entry and 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, who, after due 
notice to and hearing of the parties interested, shall deter- 
mine the rate of compensation to be paid for future use, 
and, if desired by either party, for past use, or fix the man- 
ner and stated periods of such use, or the mode of connec- 
tion of the tracks, having reference to the convenience and 
interest of the corporations, and of the public to be accom- 
Award binding modatcd thereby I and the award of the commissioners, or 

for one year and . . cl\ i • . i x i ji 

until revued. a major part oi them, being returned to and approved by 
the court, shall be binding upon the respective corporations 
interested therein, for one year and until the same is revised 
or altered, by commissioners in like manner appointed : 

Proviso, provided, however, that no such award shall apply to any 



1864.— Chapter 229. 165 

period of time covered by any previous award of commis- 
sioners or by agreement of parties. 

Section 30. Whenever one street railway corporation, its corporation us- 
lessees or assigns, enters upon and uses the tracks of another Irfcks," stau pay 
such corporation, by authority of law, the corporation so ^xTd'lJ^'commis- 
entering and using shall, until the rate of compensation is sioners compen- 

1° r«ii •• -ii'i sation S. J. court 

agreed upon or nxed by commissioners as provided in the shaii order. 

preceding section, pay for such use, once in each month from 

the time of entry, at such rate of compensation as the 

supreme judicial court shall, on petition of either party and 

notice to the other, from time to time, order ; but the rate payments not to 

of compensation thus named by the court shall not be held ofcommfsaToTew. 

as limiting, or in any wise controlling the sum to be fixed as 

a permanent rate of compensation by the commissioners. 

If th€ compensation established by commissioners for the 

prior use of tracks exceeds the rate previously fixed by the 

court, the excess shall be paid by the corporation using the 

tracks ; and in case it falls below such rate, the difference 

shall be deducted from the compensation subsequently 

accruing. 

Section 31. If any such corporation, its lessees or upon failure to 
assigns, using the tracks of another corporation, fails to en[o'in°use oT^ 
make the monthly payment therefor, at the rate named by ^'^''^• 
the commissioners or the supreme judicial court, as provided 
in the preceding section, the further use of said tracks may 
be enjoined by the court, until all payments in arrear have 
been made or satisfactorily secured. Street railway corpo- corporation us- 
rations, while using the tracks of another corporation, as trfcks°to observe 
herein before provided, shall conform to the rules and regu- [ionsof^mfalid 
lations, from time to time established, of the authorities of r«g'ster cars run. 
the respective cities and towns through which their cars run, 
and to the rules and regulations adopted by the corporation 
whose tracks they respectively use, for the regulation of 
their own cars and employees, and shall keep an account of 
the number of cars run daily by them respectively. 

Section 32. In all cases heard before commissioners Hearings before 
under the provisions of this act, the expenses and costs com"eusat?o"' 
attending the same, including the compensation of the com- an*! expenses, 
missioners, shall be paid by such party, or divided between 
the parties in such proportions, as the commissioners deter- 
mine. Tiie court appointing the commissioners shall fix 
and award them such compensation for their services and 
expenses as it deems just and reasonable. 

Section 33. AVhoever fraudulently evades, or attempts Penalty for eva- 
to evade, the payment of any fare lawfully established by fare. "^ ^"^"^ 
any such corporation, either by giving a false answer to the 



166 



1864.— Chapter 229. 



Refusal to pay. 



Motive power. 



Liability for dam- 
age by fire from 
engine. 



Crossings of 
steam railroads. 



Street car to stop 
at one hundred 
feet. 



Pass parallel cars 
at walk. 



Penalties for vio- 
lation. 



Loss of life from 
negligence of 
corporation or 
agents, pecuni- 
ary liability. 



collector of the fare, or by travelling beyond the point to 
which he has paid the same, or by leaving the car without 
having paid the fare established for tlie distance, or other- 
wise, shall be punished by fine of not less than five nor more 
than twenty dollars for each offence. Whoever does not, 
upon demand, pay such fare, shall not be entitled to be 
transported over the road, and may be ejected from the car. 

Section 34. Street railway companies may use such 
motive-power on their respective tracks or roads as the board 
of aldermen of cities, or the selectmen of towns, through 
which they are located, may from time to time permit. 
Every such company shall be responsible in damages to any 
person whose buildings or other property is injured by fire 
communicated by its locomotive engines, and shall have au 
insurable interest in the property, upon its route, for which 
it may be so held responsible, and may procure insurance 
thereon in its own behalf. 

Section 35. Any such corporation whose track crosses 
the tracks of a steam railroad, shall make the crossing in 
such a manner as to injure as little as possible such tracks, 
and shall insert no frogs therein, and make no incisions 
into the rails thereof, without the consent of the directors 
of such road. 

Section 36. When a street railway crosses or is crossed 
by a steam railroad at grade, where locomotive engines are 
in daily use, the driver of the car upon the street railway 
shall, when approaching the point of intersection, stop his 
car within one hundred feet of the crossing. No street rail- 
way car shall pass another car standing to receive or deliver 
passengers, in a parallel track in the same street, at a rate 
of speed faster than a walk. For each violation of this 
section the driver shall forfeit ten dollars, and the corpora- 
tion employing the driver sliall forfeit twenty dollars. 

Section 37. If by reason of the negligence or careless- 
ness of a street railway corporation, or of the unfitness, 
negligence or carelessness of its servants or agents, the life 
of any person, being a passenger, in the exercise of due care, 
or of any person being in the exercise of due care, and not 
being a passenger, or in the employment of such corpora- 
tion, is lost, the corporation shall be punished by a fine not 
exceeding five thousand dollars, nor less than five hundred 
dollars, to be recovered by indictment, and paid to the 
executor or administrator, for the use of the widow and chil- 
dren of the deceased, in equal moieties ; but if there are no 
children, to the use of the widow, or if no widow, to the 
use of the next of kin. 



1864.— Chapter 229. 167 

Section 38. Indictments against a street railway cor- indictments to 
poration, for loss of life, shall be prosecuted within one year wuhin^ear!' 
from the time of the injury causing the death. 

Section 39. No street railway corporation shall appro- DiviaeDds not to 
priate, for the payment of dividends, any money received ofproperty|"Jn-^ 
for the sale of any portion of its railway, or of any of its ''''^'«'<=- 
property, unless it first reduces its capital stock issued, by 
an amount which, at its par value, is equal to the amount 
which said portion of its railway or property cost said com- 
pany. 

Section 40. The directors of every street railway cor- Annnai report to 
poration shall annually, on or before the first Wednesday of monwelith': ^°°" 
January, make oath to and transmit to the secretary of the 
Commonwealth, a report of their doings under its charter 
for the year ending the thirtieth day of November preced- 
ing, the first annual report stating the number of months 
and days included therein. Such report shall set forth 
copies of all leases and contracts made during the year with 
other corporations and individuals, and shall contain full 
and complete information upon the following items, viz. : 

Condition of the Company. 

I. Capital stock fixed by charter. 2. Capital stock as voted by the company. Form of return. 
3. Capital stock paid in, expressed in monej'. 4. Funded debt. 5. Floating debt, 

including amount of unredeemed tickets. 6. Total debt. 7. Number of mortgages 
on road and franchise, and amount of debt secured thereby. 8. Number of mortgages 
on any other property of the corporation, specif^-ing the amounts. 9. Amounts of 
assets on hand, exclusive of the railway and equipments, and exclusive of all prop- 
erty on hand, used, or which is to be used, in running the railway and keeping it in 
repair. 

Cost of the Railway. 
10. Net cost of road, — to include all amounts expended for labor, timber, iron or 
rails and chairs, for paving-stones and paving, engineering, interest, salaries of offi- 
cers during construction of road, and other expenses not included in any of the above 
items, and not including items of equipments or running expenses. 

CJiaracierislics of the Railway. 

II. Length of railway laid with single main track. 12. Length of railway laid 
with double main track. 13. Length of branches owned by the company, .stating 
amount of double track, if any. 14. Aggregate length of switches, sidings", turnouts 
and other track, excepting main track and branches. 15. Total length of track 
measured as single track. 10. Weight of rail used per yard, and length of track 
laid with each kind of rail, S|)ecifying whether of cast or wrought iron. 17. Maxi- 
mum grade per mile, with lengtli of grade. 18. Shortest radius of curvature, with 
length of curve. 19. Total length of track paved. 

Cost of Equijmient. 

20. Number of cars and cost. 21. Number of horses and cost. 22. Cost of omni- 
buses," sleighs and other vehicles, excepting cars, owned by the company. 23. Cost 
of real estate, including buildings, owned by the company. 24. Cost of buildings 
owned by the company on land not owned by the company. 25. Cost of other arti- 
cles of equipment. 2G. Net amount at which the equipment stands charged on the 
books of the company. 

Doings during the Year. 

27. Total nnmber of miles run during the year. 28. Average cost per mile rim. 
29. Total number of passengers carried in the cars. 30. Total number of round trips 
run during the year. 31. Average number of passengers each round trip. 32. liate 



168 1864.— Chapter 229. 

of speed adopted, including stops and detentions. 33. Number of persons regularly 
employed, specifying the occupations of each. 

Expenditures for working the Railway. 
34. For repairs of railway. 35. For repairs of equipments. 36. For repairs of 
real estate. 37. For wages, including the wages of every person regularly employed, 
excepting the president, directors, superintendent and treasurer. 38. For interest. 
39. For taxes and insurance, other than United States taxes. 40. For United States 
taxes. 41. For rent and tolls paid other companies for use of their roads. 
42. Amount paid other companies tor the use of bridges and ferries. 43. For prov- 
ender. 44. For loss on horses. 45. For incidental expenses — to include printing, 
president's, directors', superintendent's and treasurer's salaries, and all other 
expenses not herein before included. 46. Total expenses. 

Earnings. 
47. Received from passengers in cars and omnibuses, and for tickets sold. 
48. From other roads, as toll or rent for use of road. 49. From other sources, speci- 
f>'ing from what source in each item exceeding five hundred dollars. 50. Total 
earnings. 51. Net earnings after deducting expenses. 52. Surplus earnings of pre- 
vious year on hand. 53. Total surplus. 54. Dividends declared during the year. 
55. Total percentage of dividends for the year. 56. Present surplus. 

Miscellaneous. 
57. Increase during the year of capital stock as fixed by charter. 58. Increase 
during the year of capital stock paid in. 59. Increase of funded debt during the 
year. 60. Increase of floating debt during the year. 61. Decrease of funded debt 
during the year. 62. Decrease of floating debt during the year. 63 Increase of 
mortgage debt during the year. 64. Decrease of mortgage debt during the year. 
65. Increase of cost of road during the year. 66. Decrease in nominal cost of road. 
67. Increase in cost of equipment during the j'ear. 68. Decrease in cost of equip- 
ment during the year. 69 Increase of unredeemed tickets during the year. 
70. Decrease of unredeemed tickets during the year. 71. Present amount of unre- 
deemed tickets. 72. List of accidents on road during the year. 

Penalty for neg- SECTION 41. Everv corporatioii refusiiioj or nefflectina; to 

lect to make re- . , • i i , i- • r n 

turn. make the return required by the preceding section, shall 

forfeit twenty-five dollars for each day's refusal or neglect. 
And the secretary of the Commonwealth shall notify the 
attorney-general of such refusal or neglect, who shall forth- 
with prosecute the same in l)ehalf of the Commonwealth. 
Blanks to be fur- SECTION 42. The sccrctary shall annually, in November, 
cause to be prepared, and transmitted to such corporations, 
blank forms for returns. 
Rules and reguia- SECTION 43. Li addition to the penalties herein provided, 
paHty°LdTom- tlic suprcmc judlclal court shall have full equity powers to 
Murt°may' ^' ^' compcl thc obscrvancc of all orders, rules and regulations 
enforce. made by the board of aldermen of any city, or the selectmen 

of any town, or of any commissioners appointed in accord- 
ance with this act. 
PriTiieges and SECTION 44. Strcct railway corporations now existing 

liabilities of exist- iii .• . • j-xi- j- 

ing corporations, shall continuc to cxercisc and enjoy their powers and priv- 
ileges, according to their respective charters and to the laws 
in force ; and shall continue subject to all the liabilities to 
which tliey are now subject, except so far as said powers, 
privileges and liabilities are modified or controlled by the 
provisions of this statute. 



1864.— Chapters 230, 231. 169 

Section 45. All acts and parts of acts inconsistent here- Repeal. 
with are hereby repealed. But nothing in this act contained Act not to im- 
shall operate to annul or impair in any wise any terms or ^'^"' 
conditions upon which any charter has been accepted, or 
location or other privilege granted by any city or town, and 
which have been assented to by such corporation. 

Approved May 12, 1864. 

Ax Act to secure the more certain paymf:nt of allotments Chap. 230 

AND BOUNTIES TO SOLDIERS. 

Be it enacted, Sfc, as folloxos : 

Section 1. All moneys allotted by any soldier in the Payment to be 
army, and which shall be distributed according to the pro- "nTiued without 
visions of the sixty-second chapter of the acts of the year eharge for sJr- 
one thousand eight hundred and sixty-two, entitled " An vice. 
Act concerning the Custody and Distribution of Funds of 
the Massachusetts Volunteers," or which, by authority of 
any law of the Commonwealth, are required to be distributed 
by any officer of any city or town, to persons holding an 
allotment or assignment from any soldier in the army of the 
United States, shall be paid to the person entitled to receive 
such moneys, without any deduction, or any charge, com- 
mission or claim for compensation for any service in the 
disbursement thereof. 

Section 2. Any treasurer or other officer of a city or Penalty for witk- 
town, withholding any portion of the amount which he is ''°'^'°s- 
by law required to disburse, or charging any commission 
thereoit for services in such disbursement, or in the care 
thereof, or upon any other pretence whatever, shall be pun- 
ished by a fine not exceeding one hundred dollars, or by 
imprisonment in the house of correction not exceeding three 
months. 

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

Approved May 12, 1864. 

An Act to regulate the transportation of passengers, CAiTW. 231 

FREIGHT AND BAGGAGE, TO AND FROM THE MARTHA's VINEYARD "' 

CAMP GROUND. 

Be it enacted, ^'c, as follows : 

Whoever, during the time of holding the Martha's Vine- Penalty for, witu- 
yard camp-meeting, or during the two weeks next preceding ^^'^'i';«°«« ffO"» 
its commencement, or the week next after its close, and 
within one mile and a quarter of the place of holding said 
meeting, transports for hire, passengers, freight or baggage, 
to or from the place of holding said meeting without license 
from the agent of the Martha's Vineyard camp-meeting asso- 
ciation, having charge of the camp ground, who shall act 
22 



Chap.2S2 



170 1864.— Chapters 232, 233. 

under the general direction and subject to the control of the 
finance committee of said association, shall forfeit and pay 
Fee for license, for cach offcnce a sum not exceeding twenty dollars. The 
amount to be paid for said license shall not exceed one 
dollar. Approved May 12, 18G4. 

An Act to provide for additional pay to our militia in the 

service of the united states. 
Be it enacted, §'c., as folloivs: 
GoTernor shall SECTION 1. Thc govcmor sliall offer and pay to every 

pay $20 monthly . ° . . -, ,.„ /. i nV i 

to privates and privatc and noii-commissioned oihcer oi the Massacliusetts 

ed°offiwrTm"". uiiHtia, wlio has been since the first day of April in the year 

tered since April eigj^tegu hundred and sixty-four,. mustered into the service 

of the United States, or who shall be hereafter mustered 

into said service, as a part of the Massachusetts militia, the 

sum of twenty dollars monthly, so long as he shall remain 

in said service ; and this shall be in full discharge of all 

claim upon the Commonwealth for pay, bounty and state 

aid. 

Manner and form SECTION 2. The paymcut providcd for in the first section 

made?™*^" ' °'^ of this act shall be made in manner and form as prescribed 

for payment in chapter two hundred and fifty-four of the 

26TictT'63'''to ^^^^ ^^ ^^^^ y®^^' eighteen hundred and sixty-three, and the 

apply in pay- provisious of Said chaptcr relating to the manner of payment 

"^^'^ ■ are hereby made applicable to the same. 

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

Approved May 12, 1864. 

Chan. 233 ^'^ ^'^'^ "^^ authorize the NEWBURYPORT RAILROAD COMPANY TO 
"' CONSTRUCT RAILWAY TRACKS IN THE STREETS OF NEWBURYPORT. 

Be it enacted, ^c, as follows : 
May construct SECTION 1. The Nowburyport Railroad Company is 
street to'^Merd"^ licreby authorizcd to construct, maintain and use for the 
transportation of freight, railway tracks connecting the same 
with the tracks of their railroad near its terminus on Pond 
Street, in the city of Newburyport, thence upon and over 
Mayor and alder- sucli strccts ill Said city as the mayor and aldermen thereof 
meu to locate. ^^^^^ {vQm time to tiiiic determine, with the assent in writing 
of said company, its lessees or assigns, filed with said mayor' 
and aldermen, to the wharves and deep water of Merrimac 
lliver ; and the mayor and aldermen, in their order locating 
said tracks, shall determine at what distances from the side- 
walks said tracks shall be laid, and shall also thus determine 
what portion of the expenses which may be incurred in the 
removal of said tracks or any part thereof, in case their- 
location sliould at any time be revoked, shall be paid by 
Notice to abut- said city ; and before the location of any track in any street, 



mac Kiver. 



tera 



1864.— Chapter 233. 171 

the mayor and aldermen shall give notice to the abutters 
thereon, and to all parties interested, fourteen days at least, 
by publication in some newspaper pul)lished in said city. 

Section 2. The manner in wliich said tracks shall be construction and 
constructed and maintained, shall be determined by the '°'''"^°^°'=«- 
mayor and aldermen, who shall also have power from time 
to time, to determine the motive-power to be used thereon, Motiye-power. 
and to make all such regulations as to the rate of speed and Rateofspeed. 
mode of use, as the public convenience may require ; and if 
in the judgment of said company it shall be necessary to 
alter the grade of any street in which tracks are located. Alteration of 
such alteration may be made, by consent of the mayor and ^^"^ ^' 
aldermen, and the expense thereof shall be paid by said Expense. 
company, unless it shall be otherwise determined by the 
mayor and aldermen. , 

Section 3. Said company shall keep and maintain in Repair of streets. 
repair such portions of the streets as shall be occupied by 
its tracks, and shall be liable for any loss or injury sustained Liability for icss 
by any person, by reason of any carelessness or neglect of uLtT agente"*"^' 
its agents or servants; and in case any recovery shall be Recovery against 
had against said city, for any carelessness, neglect, or want hew t'o°pay with 
of repair, as aforesaid, said company shall be liable to pay <="^'s- 
to said city the sum thus recovered, together with costs and 
reasonable expenditures incurred, in defence of the suit in 
which the recovery may be had ; provided the company, its Proviso, 
lessees or assigns, had reasonable notice of such suit, and an 
opportunity to assume the defence thereof; and said com- 
pany shall not incumber any portion of the streets not 
occupied by said tracks. 

Section 4. If any person shall wilfully and maliciously penalty for ob- 
obstruct said company, or its lessees or assigns, or their tracks!"""^ 
agents or servants, in the use of said tracks or the passing 
of their cars thereon, such person and all who shall be aiding 
or abetting therein, shall be punished by a fine not exceed- 
ing five liundred dollars, or may be imi)risoned in the 
common jail for a term not exceeding tiiree months. 

Section 5. If said company, its lessees or assigns, or Penalty for 
their agents or servants, while in the use of said tracks, st'ree't"'^by"om- 
shall wilfully and maliciously obstruct any street, or the ^""^• 
passing of any carriage over the same, it shall be punished 
by a fine not exceeding five hundred dollars. 

Section 6. Nothing in this act siiall be construed to power of mayor 
prevent the mayor and aldermen of said city from exercising ukVup^track/" 
any power which by law they now have, to enter upon and """'''"Js^'i 
take up any street in which said tracks may be laid. 



172 1864.— Chapters 234, 235. 

May discontinue SECTION 7. At aiij time after the expiration of one year 
change^ocation. from tlic Opening for use of any tracks constructed in 
pursuance of this act, the mayor and aldermen of said city 
may determine that said tracks or any portion tliereof shall 
be discontinued, and thereupon, the location thereof shall 
be deemed to be revoked, and shall be removed in conformity 
to the order of said mayor and aldermen. 
May connect and SECTION 8. Said compauy may couuect the tracks, hereby 
wkhNewVury-'^ authorizcd to be constructed, with, and use for the trans- 
buf R'ali^o'^r" portation of freight the tracks of the Newburyport and 
Company. Amcsbury Horse Railroad Company, with the consent of 

said last named company ; and the Newburyport and Ames- 
bury Horse Railroad Company may connect its tracks with, 
and use for any purpose for which it may lawfully use its 
own tracks, the tracks hereby authorized to be constructed, 
with the consent of the Newburyport Railroad Company ; 
such use and connection in either case to be upon terms 
mutually agreed upon by said companies, and subject to the 
consent first obtained of the mayor and aldermen of said city. 
Conditions of SECTION 9. Tliis act shall take effect upon its passage, 

validity of act. j^^^ gj^^j^ bccome void unless accepted by the city council of 
Newburyport, within one year and by the Newburyport 
Railroad Company within two years of its passage. 

Approved Mmj 12, 1864. 

Chap. 234 ■^'^ -^CT in relation to fisheries in the town of WINCHESTER. 

Be it enacted, §'c., as follows: 
Fisheries in Mys- SECTION 1. All acts hcrctofore passcd for the preservation 
tions eltendfd'''" of fish and thc regulation of fisheries in the Mystic River, 
to Winchester. qX^^lW cxtcud to the towu of Winchester, and to all the ponds 
and streams therein ; and the committee for the preserva- 
tion of fish in said town, shall have full powers to remove 
all obstructions to the passage of fish therein, during the 
time fixed by law for the free passage of fish. 
Construction of SECTION 2. Nothing in this act shall be construed to 
affect any of the provisions of the act, entitled " An Act for 
supplying the city of Charlestown with Pure Water," 
approved March twenty-eighth in the year eighteen hundred 
and sixty-one. 

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

Approved May 12, 1864. 

Chap. 235 -^^ -^^^ concerning the NASHUA AND LOWELL RAILROAD COR- 

-* * poration. 

Be it enacted, §*c., asfolloios: 

May construct SECTION 1. Tlic Nasluia and Lowell Railroad Corpora- 
streets'^inToweii. tlou is hereby authorized, subject to the provisions of all 



1864.— Chapters 236, 237. 173 

general laws which now are or hereafter may be in force, to 
construct and maintain a raih'oad track or tracks from its 
present tracks, across AVestern Avenue and School Street in 
the city of Lowell, or either of them, to the land of said 
corporation on the southerly side of said avenue ; said track 
or tracks only to be laid with the consent of the city council 
of said city of Lowell and under such regulations and 
restrictions as said city council shall establish. 

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

Approved May 12, 1864. 
An Act to rNCORPORATE the emigrant express company in the Chap. 2^6 

CITY OF BOSTON. 

Be it enacted, §'c., as follows: 

Section 1. Edward Atkinson, George L. "Ward, George corporators. 
Winslow, Ginery Twichell, John M. Forbes, their associates 
and successors, are hereby made a corporation in the city of 
Boston, by the name of the Emigrant Express Company, for Name. 
the purpose of aiding and promoting the emigration to the Purpose. 
United States of skilled laborers in the various departments 
of industry ; with all the powers and privileges and subject to Powers and du- 
all the duties, liabilities and restrictions set forth in the '"'^' 
general laws which now are or may hereafter be in force 
relating to corporations, so far as the same are applicable to 
said corporation. 

Section 2. The capital stock of said corporation shall capital stock. 
not exceed one hundred thousand dollars, and shall be 
divided into shares of one hundred dollars each. 

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

Approved May 12, 1864. 

An Act to apportion and assess a tax of tavo millions three 
hundred and ninety-six thousand four hundred and sixty- 
three dollars. 

Be it enacted, ^'c, as follows : 

Section 1. Each town and city in this Commonwealth Assessment of 

shall be assessed and pay the several sums with which they "^'"^^^"'^ **"^°^- 

stand respectively charged in the following schedule, that is 

to say : 

Suffolk Coimty. — Boston, seven hundred and fifty-six countyofSuiToik. 
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 County. — Amesbury, four thousand two hundred county of Esses. 
and seventy-two dollars; Andover, six tiiousand six hundred 
and forty-eight dollars ; Beverly, nine thousand and forty- 



Chap. 237 



174 1864.— Chapter 237. 

eight dollars ; Boxford, one thousand seven hundred 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 thousand 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 hundred and forty 
dollars; Lynn, twenty-six thousand five hundred 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 hun- 
dred and thirty-two dollars ; Methuen, three thousand seven 
hundred and sixty-eight dollars ; Middleton, 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 dol- 
lars ; Rock port, four thousand and fifty-six dollars ; Rowley, 
one thousand five hundred and twelve dollars; Salem, thirty- 
nine thousand three hundred and eighty-four dollars ; 
Salisbury, four thousand three hundred and sixty-eight 
dollars; Saugus, three thousand two hundred and sixty-four 
dollars ; South Danvers, nine thousand nine hundred and 
sixty dollars; Swampscott, two thousand eight hundred and 
eight dollars ; Topsfield, one thousand eight hundred and 
forty-eight dollars ; Wenham, one thousand five hundred 
and eighty-four dollars ; West Newbury, two thousand eight 
hundred and thirty-two dollars. 
cou°y°fMid- Middlesex County. — Acton, two thousand four hundred 
and twenty-four dollars ; Ashby, one thousand three hun- 
dred and ninety-two dollars ; Ashland, one thousand eight 
hundred 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; BurHngton, 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 



dlesex. 



1864.— Chapter 237. 175 

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; Plolliston, four thousand three 
hundred and ninety-two dollars; Hopkinton, four thousand 
four hundred and sixty-four dollars ; Lexington, 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 ; 
Maiden, nine thousand four hundred and fifty-six dollars ; 
Marlborough, six thousand one hundred and ninety-two 
dollars ; 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 hvmdred 
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 
hundred and forty-four dollars; Somerville, fifteen thousand 
eight hundred and forty dollars ; South Reading, five thou- 
sand two hundred and eighty dollars; Stoneham, 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 
thousand eight hundred and forty dollars ; Wayland, one 
thousand five hundred and sixty dollars ; West Cambridge, 
six thousand 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 ; Win- 
chester, four thousand one hundred and four dollars ; 
Woljurn, ten thousand three hundred and twenty dollars. 

Worcester Cuunty. — Ashburnham, two thousand four county of wor- 
Imndred 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 



176 1864.— Chapter 237. 

eighty dollars ; Berlin, one thousand two hundred and 
seventy-two dollars ; Blackstone, five thousand seven hun- 
dred and eighty-four dollars ; Bolton, one thousand seven 
hundred and four dollars ; Boylston, one thousand three 
hitndred 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 ; Hardwick, two thousand five hundred and ninety- 
two dollars ; Harvard, two thousand four hundred and 
ninety-six dollars ; Holden, two thousand four iumdred 
dollars ; Hubbardston, one thousand nine hundred and 
forty-four dollars ; Lancaster, two thousand four hundred 
and twenty-four dollars ; Leicester, four thousand four 
hundred and sixty-four dollars ; Leomijister, 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 hun- 
dred and seventy-two dollars ; New Braintree, one thousand 
four hundred and eighty-eight dollars ; North Brookfield, 
three thousand five hundred and fifty-two dollars ; North- 
borough, two thousand six hundred and sixteen dollars ; 
Northbridge, two thousand nine hundred and seventy-six 
dollars ; Oakham, one thousand and thirty-two dollars ; 
Oxford, three thousand five hundred and fifty-two dollars ; 
Paxton, nine hundred and thirty-six dollars; Petersham, 
one thotisand nine hundred and sixty-eight dollars ; Phil- 
lipston, nine hundred and twelve dollars ; Princeton, two 
thousand and sixteen dollars ; Royalston, two thousand 
three hundred and twenty-eight dollars ; Rutland, one 
thousand four hundred and eighty-eight dollars; Shrewsbury, 
three thousand and seventy-two dollars ; Southborough, two 
thousand seven hundred and sixty dollars ; Southbridge, 
three thousand nine hundred and eighty-four dollars ; 
Spencer, three thousand eight hundred and forty dollars ; 
Sterling, two thousand eight hundred and eight dollars ; 
Sturbridge, two thousand six hundred and forty dollars ; 
Sutton, three thousand two hundred and sixteen dollars; 
Templeton, three thousand four hundred and thirty-two 
dollars ; Upton, two thousand three hundred and four 



1864.— Chapter 237. 177 

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 Brookfield, one thousand nine hun- 
dred 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-seven thousand seven hundred and eighty-four dollars. 

Hampshire County. — Amherst, four thousand five hundred county ofnamp- 
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; Easthampton, two thou- 
sand five hundred and forty-four dollars ; Enfield, one 
thousand six hundred and fifty-six dollars ; Goshen, five 
hundred and four dollars ; Granby, one thousand three 
hundred and ninety-two dollars ; Greenwich, eight hundred 
and sixty-four dollars ; Hadley, three thousand four hundred 
and eighty dollars ; Hatfield, two thousand eight hundred 
and fifty-six dollars ; Huntington, one thousand three hun- 
dred and ninety-two dollars ; Middlefield, nine hundred and 
thirty-six dollars; Northampton, ten thousand two hundred 
and ninety-six dollars ; Pelham, six hundred and twenty-four 
dollars ; Plainfield, eight hundred and sixteen dollars ; 
Prescott, seven hundred and forty-four dollars ; South 
Hadley, three thousand and twenty-four dollars ; South- 
ampton, one thousand four hundred and eighty-eight dollars ; 
Ware, four thousand and thirty-two dollars ; Westhampton, 
eight hundred and sixty-four dollars ; Williamsburg, two 
thousand six hundred and eighty-eight dollars; Worthington, 
one thousand two hundred and ninety-six dollars. 

Hampden County. — Agawam, two thousand and forty county of nam p- 
dollars ; Blandford, one thousand five hundred and eighty- '''''" 
four dollars ; Brimfield, two thousand and sixteen dollars ; 
Chester, one thousand four hundred and sixteen dollars ; 
Chicopee, eight thousand four hundred and ninety-six 
dollars ; Granville, one thousand three hundred and ninety- 
two dollars ; Holland, four hundred and eighty doHars ; 
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; 
Montgomery, four hundred and eighty dollars ; Palmer, 
three thousand eight hundred and sixteen dollars ; Russell, 



178 1864.— Chapter 237. 

six luuulred 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 
liundred and twenty-eight dollars ; Westfield, eight thousand 
and sixteen dollars ; Wilbraham, two thousand five hundred 
and forty-four dollars. 
County of Frank- FrcinkHn Coniity . — Ashfield, one thousand eight hundred 
"° dollars ; Bernardston, one thousand three hundred and 

twenty dollars; Buckland, one thousand six hundred and 
eighty dollars ; Charleniont, 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 ni^iety-two 
dollars ; Monroe, two hundred and sixty-four dollars ; 
Montague, 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 ; 
Orange, one thousand eight hundred 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 ; 
Wendell, seven hundred and forty-four dollars ; Whately, 
one thousand seven hundred and seventy-six dollars. 
County of Berk; Berks/iire County. — Adams, seven thousand seven hun- 
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 ; Dal ton, 
two thousand and forty dollars ; Egremont, one thousand 
three hundred and ninety-two dollars ; Florida, four hun- 
dred 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 ; Lanesborough, one 
thousand eight hundred and forty-eight dollars ; Lee, five 
thousand and eighty-eight dollars ; Lenox, two thousand 
three hundred and fifty-two dollars ; Monterey, nine hundred 



shire. 



1864.— Chapter 237. 179 

and thirty-six dollars ; Mount Washington, two hundred and 
forty dollars ; New Ashford, three hundred and thirty-six 
dollars ; New Marlborough, one thousand nine hundred and 
twenty dollars ; Otis, nine hundred 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 dollars ; Sheffield, three thousand 
two hundred and sixteen dollars ; Stockbridge, two thousand 
seven hundred and thirty-six dollars ; Tyringhani, eight 
hundred and eighty-eight dollars ; Washington, nine hun- 
dred and sixty dollars ; West Stockbridge, one thousand 
seven hundred and twenty-eight dollars; Willianistown, 
three thousand four hundred and eight dollars ; Windsor, 
one thousand and thirty-two dollars. 

Norfolk County. — Bellingham, one thousand four hundred county of Nor- 
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 ; 
Dorchester, twenty-seven thousand six hundred and seventy- 
two dollars ; Dover, nine hundred and sixty dollars ; 
Foxborough, 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 dollars; 
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 ; Weymouth, nine thousand seven hundred and forty- 
four dollars ; Wrentham, three thousand seven hundred and 
forty-four dollars. 

Bristol County. — Acuslmet, two thousand one hundred county of bh?- 
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 tliirty-six 



180 1864.— Chapter 237. 

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 tliousand 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 ; Relioboth, two 
thousand five hundred and ninety-two dollars ; Seekonk, one 
thousand three hundred and forty-four dollars ; Somerset, 
two thousand six hundred and eighty-eight dollars ; Swan- 
zey, two thousand one hundred and twelve dollars ; Taun- 
ton, twenty-two thousand nine hundred and twenty dollars ; 
Westport, four thousand nine hundred and forty-four dol- 
lars. 
County of Ply. P/t/mout/i CouTitt/ . — Ablngtou, ten thousaud one hundred 
mouth. g^j-j^ i-Q^^j, dollars ; Bridgewater, five thousand two hundred 

and eighty dollars ; Carver, one thousand four hundred and 
eighty-eight dollars ; Duxbury, three thousand three hun- 
dred and twelve dollars ; East Bridgewater, four thousand 
and eighty dollars ; Halifax, eight hundred and fifty-five 
dollars ; Hanover, two thousand four hundred and twenty- 
four dollars ; Hanson, one thousand six hundred and fifty- 
six dollars ; Hingham, seven thousand and eighty dollars ; 
Hull, four hundred and eighty dollars ; Kingston, three 
thousand five hundred and four dollars ; Lakeville, one 
thousand six hundred and eighty dollars ; Marion, one 
thousand three hundred and forty-four dollars ; Marshfield, 
two thousand two hundred and thirty-two dollars ; Slatta- 
poisett, two thousand three hundred and seventy-six dollars ; 
Middleborough, 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 hun- 
dred 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 hundred and sixty-four dollars ; Wareham, 
three thousand five hundred and fifty-two dollars ; West 
Bridgewater, two thousand two hundred and eighty dollars. 
County of Barn- Banislcible Cowity . — Barnstable, six thousand one hun- 
.-.tabie. (\yq;([ and forty-four dollars ; Brewster, one thousand eight 

hundred and forty-eight dollars ; Chatham, two thousand 
seven hundred and sixty dollars ; Dennis, three thousand 



1864.— Chapteji 237. 181 

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 thou- 
sand eight hundred and forty dollars ; Sandwich, four thou- 
sand nine hundred and twenty dollars ; Truro, one thousand 
four hundred and sixteen dollars ; Wellfleet, two thousand 
and eighty-eight dollars ; Yarmouth, three thousand three 
hundred and eighty-four dollars. 

Dukes Comity. — 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. 

Nanlvcket Count}/. — Nantucket, ten thousand six hun- county of Nan- 
dred and eight dollars. 

Recapitulation. — Suffolk County, seven hundred and Recapitulation of 
seventy-eight thousand five hundred and eighty-four dollars ; *=*'''''"^*- 
Essex County, two hundred and forty thousand three hun- 
dred and sixty dollars ; Middlesex County, three hundred 
and sixty-nine thousand nine hundred and twelve dollars ; 
Worcester County, two Inindred and twenty-one thousand 
two hundred and eight dollars ; Hampshire County, fifty-one 
thousand six hundred and seventy-two dollars ; Hampden 
County, seventy-seven thousand one hundred and thirty-six 
dollars ; Franklin County, thirty-eight thousand two hun- 
dred and thirty-two dollars ; Berkshire County, seventy 
thousand four hundred and sixty-four dollars ; Norfolk 
County, two hundred and twenty-nine thousand seven hun- 
dred and twenty-eight dollars ; Bristol County, one hundred 
and seventy-five thousand and eighty dollars ; Plymouth 
County, eighty-six thousand four hundred and eighty-seven 
dollars ; Barnstable County, thirty-eight thousand nine 
hundred and twenty-eight dollars ; Dukes County, eight 
thousand and sixty-four dollars ; Nantucket County, ten 
thousand six hundred and eight dollars. 

Section 2. The treasurer of the Commonwealth shall Treasurer to issue 
forthwith send his warrant, with a copy of this act, directed aua'town^. 
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. 

* Gosnold included in the tax of Chilmark. See Act 18G4, chap. 97. 



rarrant to cities 



182 



1864.— Chapter 238. 



Warrant to re- 
quire issue of 
warrants by 
towns for pay- 
ment to treas- 
urer. 



Certificate of 
names of town 
treasurers to be 
returned. 



Treasurer to 
notify in case of 
delinquency in 
payment. 



Penalty. 



In case unpaid 
Jan. 1, -65, war- 
rant of distress to 
issue. 



Chap. 238 



Persons to be 
enrolled. 



Exempts from 
duty in militia. 



Section 3. The treasurer in his said warrant, shall 
require the said selectmen or assessors to pay, or to issue 
their several warrant or warrants, requiring the treasurers 
of tlieir 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-four, the 
sums set against said cities or towns in the schedule afore- 
said ; and tlie selectmen or assessors, respectively, shall 
return a certificate of the names of such treasurers, with 
the sum which each may be required to collect, to the said 
treasurer of the Commonwealth, at some time before the 
first day of October next. 

Section 4. If the amount due from any city or town, as 
provided in this act, is not paid to the treasurer of the Com- 
monwealth within the time specified, then the said treasurer 
shall notify the treasurer of said delinquent city or town, 
who shall pay into the treasury of the Commonwealth, in 
addition to the tax, such further sum as would be equal to 
one per centum per month during such delinquency, dating 
on and after the first day of December next ; and if the 
same remains unpaid after the first day of January next, an 
information may be filed by the treasurer of the Common- 
wealth, in the supreme judicial court, or before any justice 
thereof, against such delinquent city or town ; and upon 
notice to such city or town, and a summary hearing thereon, 
a warrant of distress may issue against such city or town, 
to enforce the payment of said taxes, under such penalties 
as the said court, or the justice thereof, before whom the 
hearing is had, shall order. 

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

Approved May 12, 1864. 

Ax Act concerning the militia. 
Be it enacted, ^'c, as follows: 

Section 1. Every able-bodied male citizen resident within 
this Commonwealth, of the age of eighteen years and under 
the age of forty-five years, shall be enrolled in the militia. 

Section 2. The following persons shall be enrolled, but 
exempted from military duty, in the militia, viz. : The vice- 
pi'csident of the United States ; the officers, judicial and 
executive, of the government of the United States ; the 
members of both houses of congress and their respective 
officers; all custom-house officers and their clerks; all 
inspectors of exports ; pilots and mariners employed in the 
sea service of any citizen or merchant within the United 
States ; soldiers in the army and seamen in the navy of the 



1864.— Chapter 238. 183 

United States ; all postmasters, assistant-postmasters and 
their clerks, regularly employed and engaged in post-offices, 
po'st-officers, post-riders, and stage-drivers employed in the 
care and conveyance of the mail of the post-office of the 
United States ; all ferrymen employed at any ferry on the 
post-road. Also all justices and clerks of courts of record, 
judges and registers of probate and insoU'ency, registers of 
deeds, and sheriffs ; and any person of either of the religious 
denominations of quakers or shakers who shall, on or before 
the first day of May, annually, produce to the commander 
of the company within the limits of which he resides, a 
certificate, signed by two or more of the elders or overseers 
(as the case may be,) and countersigned by the clerk of the 
society with which lie meets for public religious worship, 
which shall be in substance as follows : 

We, the subscribers, of the society' of people called , in the 

town of , in the county of , do hereby certify that 

professes the religious faith of our society, and is a member 

thereof, that he frequently and usually attends religious worship with 
said society, and we believe that he entertains conscientious scruples 
against bearing arms. A. B.,) Elders or Overseers, 

E. F., Clerk. C. D., j (as the case may be.) 

The persons hereinafter named shall be enrolled, but shall Exempts from 

, 1 I , , . , . /. • • .» military dutv 

be held to service only m case of war, invasion, the preven- except in case of 
tion of invasion, insurrection, the suppression of riots, and ^xlcuteVws.'" 
to aid civil officers in the execution of the laws, viz. : 

Officers who have held or may hold for a period of five 
years, commissions in the army or navy of the United States, 
or in the militia of this or any other state of the United 
States ; or who have been or shall be superseded and dis- 
charged ; or who have held or shall hold commissions in any 
corps at the time of its disbandment. The superintendents, 
officers and assistants, employed in or about any department 
of the Massachusetts general hospital, the city hospital in 
Boston, or either of the state hospitals or state almshouses. 
The officers and guards employed at the state prison in 
Charlestown, or in any of the jails or houses of correction, 
or state reform schools. Keepers of light-houses. No idiot, certain unfortu- 

, ^ . 11111 Date persons and 

lunatic, common drunkard, vagabond, pauper, or person conTi<tcd rrimi- 
convicted of any infamous crime, shall be allowed to serve rnserwee."""'''^ 
in the militia ; and any person convicted of such crime after 
enrolment shall forthwith be stricken from the rolls. 

Section 8. It shall be the duty of the assessors, in the Assessors to pre- 

i-^- 1. . i-.cii 1 pare lists for en- 

several cities and towns, to prepare a list oi all persons who roiment; cierus 
may be living within their respective limits, and liable to }°iurKemrai"'^'* 



184 1864.— Chapter 238. 

enrolment ; si^^^S the name, age and occupation of each 
of such persons, and all facts which may determine his 
exemption from military duty, and place a certified copy 
of such list in the hands of the clerks of their respective 
cities or towns on or before the first day of July next ; and 
the said clerks shall return copies of such lists to the 
adjutant-general on or before the tenth day of July next, 
state to be divid- SECTION 4. Tiic' coramander-in-cliief shall forthwith pro- 
dttricts^anr"^ ceed to divide the Commonwealth into military districts of 
captains elected, compauics, wliicli shall be numbered, and a record thereof 
made in tlie office of, the adjutant-general. And the com- 
mander-in-chief shall issue orders for the election of captains 
in the several companies into which he sliall have so divided 
the state. 
Election, how SECTION 5. The ordcr to notify and preside at the 

held, &c° ' ^ ' meeting to be held for such election of officers may be issued 
to any justice of the peace resident within the bounds of the 
company ; and such justice shall at once proceed to notify 
such meeting, by posting written or printed notices of the 
time and place appointed for the same in three or more public 
places within the bounds of said company, ten days before 
the time appointed for the same. The compensation of said 
justice for notifying the meeting and presiding thereat, and 
for keeping the records and making the return prescribed 
in section six, shall be three dollars. No person shall be 
allowed to vote for captain until his name shall have been 
checked by the presiding officer on the assessors' list, or for 
other officers until his name shall have been checked on the 
captain's enrolment list. 
Records and re- SECTION G. The presiding officers at all such meetings 
emade. g|jg^j| kccp rccords of tlic proceedings thereat, and make 
return thereof to the adjutant-general within three days 
from the holding of the meetings. 
Captains to SECTION 7. As soou as the captains of the several com- 

therr di"ri°tVki pauics sliall have been commissioned and qualified, they 
artweandre^erTe shall, witliout delay, procced to enrol in the militia, in such 
militia, post form as shall be prescribed by the commander-in-chief, all 
persons resident within the bounds of their respective com- 
panies, and liable to enrolment. And all such persons as 
shall be under the age of twenty-four years, and liable to 
military duty, shall be enrolled in one roll, and constitute 
the active militia ; and all such as shall be above the age of 
twenty-four years, together with all such persons as it is 
provided in section second shall be exempt from military 
duty, or only liable to do military duty in case of war, inva- 
sion, the prevention of invasion, insurrection, the suppression 



1864.— Chapter 238. 185 

of riots, and to aid civil officers in the execution of the laws, 
shall be enrolled on another roll, and constitute the reserved 
militia. And the said captains shall forthwith expose copies 
of such rolls to view, by posting the same in tliree or more 
public places within the bounds of their respective compa- 
nies for at least fourteen days. And tlie posting of the rolls Postingroiis 

1 III 1 11 1 , • i 11 1 J.1 • i" deemed notice. 

shall be deemed legal notice to all persons named therein ot 
the fact of their enrolment. 

Section 8. All persons so enrolled who claim to he correction of 
exempt from enrolment, or have been incorrectly enrolled, ''"'^°"'^"'' 
sliall present their claims to the captain of the company in 
which they have been enrolled, within said fourteen days 
from tiie first posting of the rolls of said company, and it shall 
be the duty of such captain to strike from the rolls the names 
of all such persons as shall be found not liable to enrolment, 
and to add thereto the names of any other persons liable to 
enrolment who may have been omitted in said rolls, or may 
have become liable to such duty since the making thereof, 
and to make such further corrections in his rolls as may be 
required by transfers between the active and reserve rolls. 
And each captain shall, within thirty days from his qualifi- roii to be re- 
cation, return to the clerk of the city or town in which he ciMtT.'&c.''"^ 
resides, the corrected roll of his company, of which the said 
clerk sliall make record in the records of such city or town ; 
and each captain shall also at the same time transmit a copy 
of such corrected roll to the adjutant-general. 

Section 9. The commander-in-chief may make all further Regulations may 
rules and regulations necessary for the .complete enrolment grnor'!'^^ ^^ ^°'^' 
of the militia, under the provisions of this act, and in 
accordance with the laws of the United States. 

Section 10. Each captain shall, from time to time, add uou to be added 
to the rolls of his company the name of each citizen resident nam'is'pos^'d, 
within its bounds, who shall arrive at the age of eighteen tufueZoVdTu- 
years, or come to reside within said bounds, or who, without taut-geuerai. 
being exempted, shall cease to be liolden to duty elsewhere, 
and the captain shall notify such citizen of his enrolment 
without delay. And each captain shall, annually, in the 
month of May in each year, cause copies of the rolls of his 
company to be exposed to view in the manner and for the 
period prescribed in section seven, and having revised and 
corrected said rolls in the manner prescribed in section 
eight, return copies of the same to the clerks of their respec- 
tive cities or towns to be recorded, and to the adjutant- 
general, on or before the first day of June in each year. 
And such posting of said rolls as herein before prescribed, 
24 



186 



186-1.— Chapter 238. 



What facts to be 
set out. 



Commanders of 
volunteer com- 
panies to return 
rolls to adjutant- 
general annually. 



Bounds of com- 
panies may be 
altered by gov- 
ernor, &c. 



Keserved militia, 
duty of. 



AVben in actual 
service, how 
organized, 
trained, &c. 



Companies of, t( 
be formed into 
regiments, brig- 
ades and divis- 
ions. 



Organized as in- 
fantry and heavy 
artillery, except, 
&c 



shall be legal notice to all persons named therein of the fact 
of their enrolment. 

The roll of each company shall state the name, age, rank, 
occupation and birthplace of each man enrolled in said 
company, and whether he is married, single, or a widower, 
what parents, brothers, and children he has living, and their 
respective names, ages and residences. 

The commander of each volunteer company shall transmit 
to the adjutant-general, annually, on or before the first day 
of June, a complete roll of his company, with the name, age, 
residence, and date of /enlistment of each member thereof, 
and of each man discharged therefrom during tlie preceding 
year, together with the date of such discharge. 

Section 11. The commander-in-chief may, from time to 
time, make such alterations as may by him be deemed expe- 
dient, in the bounds of the several companies, and issue such 
orders as may be thereby rendered necessary for the enrol- 
ment of the militia in such companies, or any of them, or in 
any new companies thus created. 

Section 12, The reserved militia shall be subject to no 
active duty except in case of war, invasion, the prevention 
of invasion, insurrection, or the suppression of riots, or when 
required to aid civil officers in the execution of the laws of 
the Commonwealth or of the United States, in which cases 
the commander-in-chief may order a draft, as provided in 
section one hundred thirty-two. 

Section 13. When the reserved militia, or any portion 
thereof, are ordered out for actual service, and while engaged 
in the same, they shall be organized by the commander-in- 
chief in companies and regiments, which shall be officered, 
governed and trained according to the laws of the United 
States and of this Commonwealth, and attached to brigades 
and divisions of the active militia, or formed into separate 
brigades and divisions, as the commander-in-chief shall deem 
expedient. 

Section 14. The companies of the active militia shall be 
formed by the commander-in-chief into regiments, brigades 
and divisions, and organized in conformity witli the laws of 
the United States ; and the commander-in-chief may make 
such changes in the formation of regiments, brigades and 
divisions, from time to time, as may become necessary. 

vSection 15. The commander-in-chief may authorize the 
recruitment at large, in each divi»««, of four companies of 
cavalry, two batteries of light artillery, and one company of 
engineers ; and the remainder of the active militia shall be 
organized, armed and equipped as infantry and heavy 



1«64.— Chapter 2b8. 187 

artillery in tlie proportions to be determined by the 
comraander-in-cliief. 

Section 16. The commander-in-chief may authorize the volunteer com- 
contin'uance or formation of volunteer companies, formed of Pu"horiTeY, &c. 
members of the active or of the reserve militia, who shall be 
liable to all the duties of the active militia, but shall be 
excused from duty in the standing company in which they 
are enrolled, so long as they shall continue members of such 
volunteer companies. 

Section 17. The volunteer companies shall be formed May be formed 
into separate regiments, or attached to such regiments of the toe°nts^"*'* '^^^" 
active militia as the commander-in-chief shall deem jiroper, 
and he may retain any existing regiments of the volunteer 
militia. 

Section 18. The non-commissioned officers and privates Enlistments, 
of each volunteer company, and all recruits- admitted into fcribe°dby gov-"^^" 
the same, shall sign their names in a book of enlistment to ""Of. 
be kept by the company for the purpose, in such form as 
shall be prescribed by the commander-in-chief; which sign- 
ing shall be a legal enlistment, by virtue whereof they shall 
be held to do duty in said company for six years, unless they Term of service 
shall become incapacitated by subsequent disability, or be ^'='y^*'^- 
regularly discharged therefrom by the proper officer. 

Section 19. Companies of cavalry, artillery, and engi- companies of 
neers may remain unattached to any regiment or brigade, anu'lnsineers"^' 
if the good of the service, in the opinion of the commander- niaybeunat- 

i.T^ii, .. 1,' ^1 tached to regi- 

in-chiei, snail require it, and the two corps oi cadets, or ment or cadets 
either of them, may be attached to divisions at the pleasure * "^"^ * ■ 
of the commander-in-chief. In such case, such companies 
or corps shall be subject to the immediate orders of the 
commanders of such divisions or brigades as the com- 
mander-in-chief shall designate ; who shall receive the 
reports, returns and orders, have tiic authority and dis- 
charge the duties, with regard to such companies or corps, 
which are prescribed for the commanders of regiments with 
regard to other companies. 

Section 20. The two existing corps of cadets shall cadets, existing, 
remain as now constituted, except as hereinafter pro- ^e"eTs?organi'X" 
vided ; all other volunteer companies shall be organized in """• 
all respects like the companies of the same arm of the 
active militia ; but no new volunteer company shall be 
organized unless such new company shall have on its rolls 
at least the maximum number of enlisted men; and no Kicctionsofom- 
election of officers shall be ordered at any time in any com- """• 
pany of the volunteer militia, unless at the time of such 



188 1861.— Chapters 138. 

order the said company sliall have at least the minimum 
number of" enlisted men on its rolls. 
Volunteer com- SECTION 21. If it appears to the commander-in-chief, on 
Kandedfor'i.ot thc representation of tlie adjutant-general, inspector-general, 
uuiforming, &c. qj. officcr Commanding a division or brigade, that a volun- 
teer eompany has failed to comi)ly with the requisitions of 
the law in matters of uniform, equipment or discij)line, so 
that it is incapacitated to discharge the duties required of 
it, such company may be disbanded by the commander-in- 
chief. 
Failing to fill Section 22. If a volunteer company is without commis- 

d?fidenc.v''of'"^ sioned officers, and having been twice ordered to fill such 
dl^bandea™'*^ ''^ vacanclcs, neglects or refuses to fill them ; or is reduced 
, to a less number than the minimum number of non-com- 
missioned officers and privates provided for a company of 
its arm, and . so remains for six consecutive months, or 
appears from any return made to the adjutant-general to 
have been reduced below such minimum number of non- 
commissioned officers and privates present and doing duty 
at the time for which such return is made, such company 
may be forthwith disbanded by the commander-in-chief. 
Officers and sol- SECTION 23. The commaiider of a regiment may, upon 
h'thowdis-''"'^*' the written application of the commander of a volunteer 
charged. compauy in his regiment, accompanied by a request, in 

writing, signed by a non-commissioned officer or private, 
discharge such non-commissioned officer or private from the 
company ; and the commander of a company unattached 
may, upon an application in writing, signed l3y a member 
thereof, discharge such member ; and commanding officers 
of regiments or detached companies may discharge non- 
commissioned officers or privates of volunteer companies, 
upon the request by vote of a majority of the active mem- 
Discharge not to bers of the company, but no such discharge sliall operate to 
from*^rv1ce!'"*'* discliargc sucli non-commissioncd officer or private from 
military service under this act, and the officer granting the 
same shall forthwith give notice thereof to the commanding 
officer of the company of militia in which such non-commis- 
sioned officer or private is liable to perform military duty. 
Brigade band, SECTION 24. Tlic commandcr of a brigade may raise, by 

ma'I.aTdr&c?°'" voluntary enlistment and warrant, and organize within the 
limits of his command, a band, to be under his direction 
and command, whenever his brigade parades or the said 
band is ordered to parade with any portion of said brigade 
by the commander-in-chief, a band of musicians, not to 
exceed, including a master and deputy-master, sixteen for a 
brigade. The master, and in his absence, the deputy-master, 



1864.— Chapters 238. 189 

shall teach and commaiid the baud, and issue all orders 
directed by such connnander. Each member of the band 
sliall keep himself provided with such uniform as may be 
directed by the commander-in-chief, and such instrument Penalty for faii- 
as the commander of his brigade prescribes, under penalty requTremeuVs^ 
for each neglect or deficiency, or for misconduct, of dis- 
missal from the band by such commander, and of not less 
than ten, nor more than twenty dollars, to be recovered, on 
complaint, by the brigade-inspector, to the use of the Com- 
monwealth. 

Section 25. The militia, under the command-in-cliief of Muuia, how or- 
the governor of the Commonwealth, sliall be organized and cered!*^ """^ ""^ 
officered as follows : 

The staif of the commander-in-chief shall consist of an staff of comman- 
adjutant-general, who shall be the chief of the staff, quarter- '^^"•^•^wef- 
master-general, inspector-general, surgeon-general, commis- 
sary-general, and judge-advocate-general, each with the rank 
of brigadier-general. One aide-de-camp with the rank of 
colonel, and three aides-de-camp with the rank of lieutenant- 
colonel. A military secretary with the rank of lieutenant- 
colonel, and such additional officers of the general staff as 
the public service may require, with such rank as the com- 
mander-in-chief may designate. 

Divisions. — To each division there shall be one major- officers of divis- 
general, one division-inspector, with the rank of lieutenant- '°°' 
colonel, one assistant-adjutant-general, one quartermaster, 
one comnlissary of subsistence, one judge-advocate, and one 
aide-de-camp, each with the rank of major, and two aides- 
de-camp, eacli with the rank of captain. 

Brigades. — To each brigade there shall be one brigadier- officers of brig- 
general, one brigade-inspector, with the rank of major, one '"^^' 
assistant-adjutant-general, one quartermaster, one commis- 
sary of subsistence, one paymaster, and one aide-de-camp, 
each with the rank of captain, and one aide-de-camp with 
the rank of first lieutenant. 

Jnfmitrij. — To each regiment of infantry there shall be omcersofin- 
one colonel, one lieutenant-colonel, and one major, one f'^^^'^i'^^e""''"'^'- 
adjutant and one quartermaster, each with the rank of first 
lieutenant, one surgeon with the rank of major, two assist- 
ant-surgeons, each with the rank of first lieutenant, one 
chai)lain, one sergeant-major, one quartermaster-sergeant, 
one commissary-sergeant, one hospital-steward, and two 
principal musicians, and ten companies ; each company to 
consist of one captain, one first lieutenant, one second lieu- 
tenant, one first sergeant, four sergeants, bight corporals, 



190 



1864.— Chapters 238. 



Officers of cavalry 
regiments. 



Officers of artil- 
lery regiments. 



Officers, compa- 
ny, of engineers. 



Cadets of second 
diTisioD. 



Company officers, 
and musicians. 



two musicians, one wagoner, and not less than sixty-four 
nor more than eighty-two privates. 

Cavalrij. — To each regiment of cavahy there shall be one 
colonel, one lieutenant-colonel, three majors, one surgeon, 
with the rank of major, two assistant-surgeons, wath the rank 
of first lieutenant, one veterinary surgeon, with the rank of 
sergeant-major, one adjutant, one quartermaster, one commis- 
sary of subsistence, each with the rank of first lieutenant, 
one chaplain, one sergeant-major, one quartermaster-ser- 
geant, one commissary-sergeant, two hospital-stewards, one 
saddler-sergeant, one chief trumpeter, and twelve companies 
or troops ; each company to consist of one captain, one first 
lieutenant, one second lieutenant, one first sergeant, one 
quartermaster-sergeant, one commissary sergeant, five ser- 
geants, eight corporals, two trumpeters, two farriers or 
blacksmiths, one saddler, one wagoner, and not less than 
sixty nor more than seventy-eight privates. 

Artillerij. — To each regiment of artillery there shall be 
one colonel, one lieutenant-colonel, one major to every four 
companies or batteries, one adjutant, and one quartermaster, 
each with tlie rank of first lieutenant, but not to be extra 
lieutenants, one chaplain, one sergeant-major, one quarter- 
master-sergeant, one commissary-sergeant, one hospital- 
steward, and two principal musicians. 

To each battery of light artillery, or company of heavy 
artillery, there shall be one captain, two first lieutenants, 
two second lieutenants, one first sergeant, one quarter- 
master-sergeant, six sergeants, twelve corporals, two musi- 
cians, two artificers, one wagoner, and one hundred and 
twenty-two privates. 

Engineers. — To each company of engineers there shall be 
one captain, two first lieutenants, one second lieutenant, 
ten sergeants, ten corporals, two musicians, sixty-four 
artificers, and sixty-four privates. 

Cadets. — To the corps of cadets now attached to the first 
division, there shall be one captain, with the rank of 
lieutenant-colonel, one lieutenant, one ensign, and one 
surgeon, eacii with the rank of major, one adjutant, and 
one quartermaster, each with the rank of first lieutenant. 

To the corps of cadets now attached to the second division, 
there shall be one captain, with the rank of major, one 
surgeon, with the rank of major, one adjutant, and one 
quartermaster, each with tlie rank of first lieutenant. 

To each of said corps of cadets there shall be such number 
of company ofiicers, sergeants, corporals, and musicians, as 



1864.— Chapters 238. 191 

the commander-in-cluef may from time to time deem expe- 
dient. 

Section 26. The officers of the line shall be elected as officers of une, 

n 11 how elected. 

tollows : 

]\Iajor-generals by the senate and house of representatives, 
each having a negative upon the other. 

Brigadier-generals, by the written votes of the field officers 
of the respective brigades. 

Field officers of regiments, by the written votes of the 
captains and subalterns of the companies of the respective 
regiments. 

Captains and subalterns of companies, by the written votes 
of the non-commissioned officers and privates of the respec- 
tive companies. 

In the first election of captains of companies to be held company ora- 
under this law, every man whose name is borne on the roll 'sr^'iio" elected. 
of the company, as made out by the assessors, and who is 
not exempt from military duty, shall be entitled to vote. 
But after the enrolment l)y the captains so elected, and 
division of the militia into the active and reserve militia, no 
member of the reserve militia shall be entitled to vote at any 
election of officers of any company of the active militia. 

fc^ECTiON 27. The staff officers of the militia shall be stacr officers, how 
appointed in manner following: appointed. 

Tlie adjutant-general, quartermaster-general, inspector- 
general, judge-advocate-general, commissary-general, sur- 
geon-general, aides-de-camp, and military sccretaiy to the 
commander-in-chief, with such additional officers of the 
general staff as the commander-in-chief may deem necessary, 
by the commander-in-chief. 

The major-generals and brigadier-generals shall appoint 
their respective aides-de-camp. All other staff officers of 
division and brigade staffs shall be appointed by the com- 
mander-in-chief uj)on the nomination of the generals 
commanding the respective divisions and brigades, and shall 
hold their offices for one year, and until their successors are 
appointed and <|ualified, but may be removed at any time 
by the commander-in-chief. 

Adjutants, quartermasters, commissaries, and chaplains 
of regiments, shall be aj)pointed by their resjjectivc 
colonels. 

Surgeons and assistant-surgeons, by the commander-in- 
chief, u|)on the nomination of their respective colonels, after 
they shall have passed an examination before a board of 
surgeons to be apiminted by the commander-in-chief.. 



192 



1864.— Chapters 238. 



Officers, who 
eligible; not to 
be commissioned 
unless qualified. 



Disqualification 
to office, and 
removal therefor. 



Electors failing 
to fill vacancy, 
governor may 
appoint. 

In absence of su- 
perior, senior offi- 
cer next in rank 
to command. 



Regimental com- 
mander may or- 
der company 
election in cer- 
tain cases. 



When company 
neglects, &c., to 
elect any officer, 
regimental com- 
mander to detail 
staff officer, &c., 
to command. 



The staff officers of the two corps of cadets shall be 
appointed by the respective commanding officers. 

Section 28. Members of the reserve militia shall be 
eligible to office in the active militia ; but no commission 
shall issue to an officer elected or appointed, iiiiless he 
appears to be qualified by education and ability to disciiarge 
the duties of his office. And the commander-in-chief may 
in his discretion cause an examination to be had, by a 
military board which he is authorized to appoint, into the 
qualifications of all persons below the rank of major-generals, 
claiming commissions nnder this act. If, upon such exam- 
ination, the board finds the candidate qualified within the 
meaning of this section, the commission shall issue. 

Section 29. No idiot, lunatic, vagabond, pauper, nor 
person convicted of an infamous crime, shall be eligible to 
any military office, and the habitual use of intoxicating 
liquors as a beverage shall disqualify any person from 
holding any commission under this act. When it appears 
to the commander-in-chief, that a person thus ineligible has 
received a majority of the votes cast at an election of 
officers, he shall not commission him, but shall declare 
such election null and void, and appoint some person to fill 
the vacancy. 

Section 30. When the electors neglect or refuse to elect 
to fill a vacancy, the commander-in-chief shall appoint a 
suitable person. 

Section 31. When the pffice of major-general, brigadier- 
general, colonel or captain, is vacant, or such officer is sick 
or absent, the officer next in rank shall command the 
division, brigade, regiment or company, until the vacancy 
is suj)plied. The senior non-commissioned officer of a 
company without commissioned officers, shall command the 
same, until some commissioned officer is detailed to command 
it, as provided in section thirty-three. 

Section 32. When a company is newly enrolled, or from 
any cause is without commissioned officers, the commander 
of the regiment may, without an order from the commander 
of the division, order an election of officers as soon as may be. 

Section 33. When a company is first enrolled, or from 
any cause is without officers, and an election of officers is 
ordered, if such company neglects or refuses to elect any 
officer, or if the persons elected shall not accept, the com- 
mander of the regiment to which it belongs shall detail 
some officer of the staff or line of the regiment to train and 
discipline said company, until some officer is elected or 
aj)pointed by the commander-in-chief. Such officer shall 



1864.— Chapters 238. 193 

liave the same power, and be subject to the same liabilities, 
as if he were captain of such company ; shall keep the 
records of the company, and prosecute for all fines and for- 
feitures, in like manner as a clerk might do, under section 
one hundred and sixty-one ; and all meetings of such 
company shall be notified as provided in section ninety- 
seven. 

Section 34. The non-commissioned staff officers of Non-commission- 
regiments sliall be appointed by the colonels of their poiufment.*^' 
respective regiments. Non-commissioned officers of compa- 
nies shall be appointed by their respective captains, who 
shall forthwith make a return, in writing, of such appoint- 
ments, to the officer commanding the regiment. 

To every company there shall be a clerk, who shall be cierk of com- 
one of the sergeants, to be appointed by the commanding ^*"^" 
officer of the company. 

Section 35. Whenever the clerk of a company is absent, cierkprotem. 
sick, or unable to discharge the duties of his office, the 
commander of the company may appoint a clerk pro tempore. 
In all cases of a vacancy he may order a non-commissioned 
officer or private to [)erform the duties of a clerk until 
another is appointed ; and any non-commissioned officer or 
private refusing or neglecting to perform such duty when 
so ordered, shall forfeit to. the use of the company not less 
than twenty nor more than fifty dollars, to be recovered on 
complaint by the commander. In such cases the records of 
the company shall be kept by ^he commander' thereof, as 
long as such vacancy, absence, sickness or inability contin- 
ues ; and records so kept shall be competent evidence of 
such orders and temporary appointments, as well as of all 
matters of which they would be evidence if kept by the clerk. 

Section 36. When a company has neither commissioned company having 

1 ™ ^ /. , „ , , . neither comnus- 

nor non-commissioned officers, the commander of the regi- sinned nor nou- 
ment to which it belongs shall appoint suitable persons oSs^'certain 
within said company to be non-commissioned officers thereof; a^poTnted*** 
and shall appoint one of the non-commissioned officers to be 
clerk, endorse the appointment on his warrant, administer 
the oath to him, and certify the same, as required by section 
fifty-two. 

Section 37. All commissioned officers shall be commis- Governor to ap- 
sioned by the commander-in-chief, according to the respective ^oVu-a'^omcers', 
offices and grades to which they may be elected or appointed, ""'"■"'"■ 
except as herein otherwise expressly .provided. 

Every non-commissioned officer's warrant shall be given Non-commission- 
and signed by the commanding officer of his regiment. rauta.*^*"' ""'^" 

25 



194 1864.— Chapter 238. 

Clerks. certificate Clerks sliall liavG tliGir appointments certified on the back 
appoin men . ^^ their Warrants, by the commanding officers of their 
respective companies. 
Commissioned SECTION 38. Commissioncd officers shall take rank 
rankT&c."'^ ° according to the date of their commissions. When two of 
the same grade bear an even date, their rank shall be deter- 
mined by lot drawn before the commander of the division, 
brigade, regiment, company or detachment, or president of 
a court-martial, as the case may be. 
Srent°o^r'decti°on '^'^® ^^^ ^^ ® appoiutmcnt Or election of an officer shall 
to be expressed, be cxprcsscd in liis commission, and considered as the date 
thereof. When he is transferred to another corps or station 
of the same grade, the date of the original appointment shall 
be expressed and considered the date of his commission. 
Duplicate com- SECTION 39. Whcii an officcr shall lose his commission, 
"sftoYssuT* °^ upon affidavit made before a justice of the peace and produced 
to the adjutant-general, a duplicate commission shall issue 
of the same tenor and date. 
Major-generals to SECTION 40. Major-gcuerals shall be notified of their 
tton'by^s^e'lreta'ry' elcctious by thc sccrctary of the Commonwealth, and unless 
within thirty days after such notice they signify to the 
secretary their acceptance of office, shall be taken to have 
refused the same. 
Elections to fill SECTION 41. Major-gcucrals shall' order elections to fill 
g^erai to order! all vacaucics which occur in their respective divisions, in the 
office of brigadier-general, field officer, captain or subaltern. 
Such elections shall be he)d at the places most convenient 
for the majority of the electors, and shall be ordered 
throughout each division, at least once in each year; the 
elections of company officers first, and those of field officers 
next. 
•Electors, notifiea- SECTION 42. Elcctors shall be notified of elections at 
aity forTb^sence! Icast four days prcviously thereto. A non-commissioned 
officer or private unnecessarily absent ffom company election, 
shall forfeit two dollars, to, be recovered on complaint of the 
clerk, to the use of the company. 
Presiding officers SECTION 43. Officcrs Ordering elections may preside, or 
at elections. detail somc officcr of suitable rank to preside. 

Section 44. A captain or staff" officer of the rank of 
captain, may preside at the election of an officer of equal or 
inferior grade within the limits of his regiment ; but no 
•candidate for the vacancy shall preside at the election, 
except to adjourn the meeting if no proper officer appear to 
preside. 
Records of pro- At all clcctions, sucli presiding officer shall keep a record 
ceedings. ^^ ^^^^ proceedings, and make return thereof to the com- 



1864.— Chapter 238. 195 

manding officer of the regiment, brigade or division, as 
may be proi)er. 

Section 45. The person who has a majority of the votes necessary 
written votes of the electors present at a meeting duly chosen to b7nT 
notified, shall be deemed elected, and the presiding officer *'^'"*- 
shall forthwith notify him of his election, and make return 
thereof, or of neglect or refusal to elect, to the commander 
of the division. Every person so elected and notified, shall Acceptance 
accept, if a brigadier-general or field officer, within ten days, 
or, if a company officer, forthwith : otherwise he shall be 
taken to have refused. If, before the meeting for the elec- 
tion of any officer is dissolved, the person chosen signifies to 
the presiding officer his refusal to accept, the same shall be 
recorded and made part of the return, and the electors shall 
proceed to another election. Elections may be adjourned Adjournment of 
not exceeding twice, and each adjournment for a period not ''''''^"°°'- 
exceeding two days ; but no company election shall be legal 
unless it be notified in the manner prescribed in section 
forty-two. 

The original roster of the brigade or regiment, or the Roster or rou to 
original roll of the company, as the case may be, shall be ^* produced, 
produced at such elections, by the person having the legal 
custody thereof. 

The conuiianding officer of the division shall return all iMumofeiec- 
elections, and refusals or neglects to elect, to the command- eiX'" ^°'' 
er-in-chief, and unless he is notified by the commander-in- 
chief of his intention to make an appointment, he may in 
such case of refusal or neglect to elect, order a new election. 

Section 46. When an officer holding a military commis- officer to hoia 
sion is elected to another office in the militia, and accepts ^on°°^ <=o'"°'i5- 
the same, such acceptance shall constitute a part of the 
return of the presiding officer, and shall vacate the office 
previously held. 

Section 47. Commissions shall be transmitted to the commissions, 
commanding officers of divisions, and by them through the ^^o" transmitted, 
proper officers, to the officers elect. 

Section 48. When a person elected or appointed to an Refusal to accept 
office refuses to accept his commission or qualify at the time cer^tioed 'to Idju 
of acceptance, the officer commanding the division sliall '""'-geuerai. 
certify the fact on the back thereof, and return it to the 
adjutant-general; and if the office is elective a new election 
shall be ordered. 

Section 49.. No person whatsoever shall, pending or after persons attond- 
an election, treat with intoxicating liquors the persons K'treated""' 
attending thereat, nor shall any person, on days of military ^^ith spirits, 
duty, so treat pei'sons performing such duty, under a penalty 
of ten dollars for each offence. 



196 



1864.— Chapter 238. 



Exempt from 
arrest in going 
and returning. 



Official oaths of 
commissioned 



Oath of clerk of 
company. 



Officer's dis- 
charge, how 
granted. 



Not to be ap- 
proved between 
certain dates nor 
till he turns over 
rolls, rosters and 
all property. 



Section 50. No officer or soldier sliall be arrested on 
civil process, while going to, remaining at, or returning 
from a place where he is ordered to attend for election of 
officers or military duty. 

Section 51. Every commissioned officer, before he enters 
on the duties of his office, or exercises any command, shall 
take and subscribe before a justice of the peace, or general 
or field officer who has previously taken and subscribed 
them himself, the following oaths and declarations : 

" 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." 

" I, A B, do solemnly swear and affirm, that I will faithfully and impar- 
tially discharge and perform all the duties incumbent on me as 

, according to the best of my abilities and understanding, agreeably 
to the rules and regulations of the constitution, and the laws of this Com- 
monwealth. So help me God." 

" I, A B, do solemnly swear that I will support the constitution of the 
United States." 

And on the back of every commission the following certifi- 
cate shall be written or printed, and signed by the person 
before whom such officer is qualified : 

This may certify that A B, commissioned as within, on this day 

of A. D., , personally appeared, and took and subscribed 

the oaths required by the constitution and laws of this Commonwealth 
and a law of the United States, to qualify him to discharge the duties of 
his office. Before me. 

Section 52. Every clerk of a company, before he enters 
upon his duties, shall take the following oath, before the 
commanding officer of the company to which he belongs, viz. : 

"I, A B, do solemnly swear, that I will faithfully and impartially 
perform all the duties Incumbent on me, as clerk of the company to which 
I belong, according to the best of my abilities and understanding. So 
help me God." 

The commander of such company shall, at the time of 
administering the oath, certify on the back of the warrant of 
the sergeant appointed to be clerk, that lie was duly qualified 
by taking the oath required by law. 

Section 53, When an officer requests in writing his 
discharge from office, with the. approval of the commanders 
of the regiment, brigade and division to which he belongs, 
the commander-in-chief may so discharge him. 

Section 54. No commanding officer shall approve a 
resignation under the preceding section, if the same is 
offered between the first day of May and the first day of 
November, unless the reasons for such resignation are urgent 



1864.— Chapter 238. 197 

and proved to his satisfaction. No officer shall be discharged 
until he has turned over to the officers entitled to receive the 
same, all rolls, books, rosters and documents, and all arms, 
accoutrements, uniforms, equipments, equipages, ammuni- 
tion and other public property, issued to him, or in his cus- 
tody, or for which he is responsible or accountable, and filed 
with the quartermaster-general the certificates hereinafter 
prescribed in sections seventy-six and eighty. 

Section 55. If an officer unreasonably refuses to approve now discharged 
an application for discharge, and it is so made to appear to reason°abiTre-"' 
tlie commanders above him, they may approve the same, and '""^''^ to approve. 
the commander-in-chief may discharge tlie applicant. 

Section 56. No officer other than a staff officer appointed when governor 
by the commander-in-chief shall be discharged by the com- wHUouTreqTe^st 
mander-in-chief, unless upon his own request, except as °^°^''^''- 
follows : 

When it appears to the commander-in-chief, by the report 
of a board of military examiners, as provided in section fifty- 
seven, that he has become unable or unfit to discharge the 
duties of his office, or to exercise proper authority over his 
inferior officers and soldiers, or that he has been convicted 
of an infamous crime. 

When the commander of his division certifies that lie has, 
either before or after receiving his commission, removed his 
residence out of the state, or out of the bounds of his com- 
mand to so great a distance, that in the opinion of such 
commanding officer it is inconvenient to exercise his 
command. 

When such commander certifies that he has been absent 
from his command more than one year without leave. 

Upon address of both houses of the legislature to the 
governor. 

Upon sentence of court-martial, after trial according to 
law. 

When the corps to which he belongs is disbanded. 

And upon petition of one or more superior officers. 

In which cases he may be so discharged. Every officer, 
except when under arrest, shall perform the duties of his 
office until he is discharged. 

Section 57. The commander-in-chief may, from time to Board of examin- 
time, and at any time, appoint a military board of examiners, siMea'o'fflcers, 
of not less than three nor more than five officers, whose duty ajlpo^ur"'"^ 
it shall be to .examine the capacit}', qualification, propriety 
of conduct and efficiency of any commissioned officer of the 
militia below the ranic of major-general, who may be reported 
to them as a fit suljject for such examination ; and upon the 



198 1864.— Chapter 238. 

report of such commission, if adverse to such officer, and if 
approved l»y the commander-in-chief, the commission of such 
officer shall be vacated : provided^ ahvays, that, if practi- 
cable, two members at least of such board shall be of mili- 
tary rank at least equal to that of the officer to be examined. 
Officer accepting SECTION 68. Whcu au officcr acccpts an appointment in 
u!^ service to the rcgular army of the United States, or any corps of 
vacate office. United Statcs voluntcers, his office shall thereby become 
vacant ; and if, after accepting such appointment, he exer- 
cises any of the powers and authority of such office, he shall 
forfeit not exceeding one hundred dollars, 
staff officers, cer- SECTION 59. The commissious of staff officers appointed 
Mmm£sionl°^ by any other officer than the commander-in-chief, shall 
expire as soon as the successor of such appointing officer is 
commissioned, 
staff of governor, The adjutant-gcncral, quartermaster-general, commissary- 
general, judge-advocate, surgeon-general, and all other staff 
officers appointed by the commander-in-chief, shall hold 
their offices for one year, and until their successors are 
appointed and qualified, but may be removed at any time 
by the commander-in-chief. 
Officer arrested, SECTION 60. Officcrs uudcr arrcst shall not resign, but 
suspended. ^i^^^^ ^^ suspcndcd from exercising the duties of office. 
Non-commission- SECTION 61. A non-commissioncd • officer or clerk of a 
company may resign his office to the commanding officer of 
liis company, and may be discharged therefrom by him, if in 
his opinion there be sufficient reason therefor. 
Adjutant-gen- SECTION 62. Tho adjutant-gcueral shall distribute all 

orders from the commander-in-chief, — attend all public 
reviews when the commander-in-chief shall review the militia, 
or any part thereof, — obey all orders from him relative to 
carrying into execution and perfecting the system of military 
discipline established by the laws of the state and of the 
United States, — furnish blank forms of the different returns 
that may be required, and explain the principles on which 
they should be made, — distribute all books required to be 
furnished at the public expense, receive from the several 
officcrs of the different corps throughout the state, returns 
of the militia under their command, reporting the actual 
situation of their arms, accoutrements and ammunition, 
their delinquencies, and every other thing which relates to 
the general advancement of good order and discipline, all of 
which the several officers of the divisions, brigades and 
regiments, are hereby required to make in the usual manner, 
so that the adjutant-general may be furnished therewith ; and 
from all said returns he shall make proper abstracts and lay 



ed officer or clerk 
may resign. 



eral, duties of. 



1864.— Chapter 238. 199 

the same annually before the commander-in-chief: and he 
shall annually, on or before the first Monday in January, 
make a return in duplicate of the militia of the state, with 
their arms, accoutrements and ammunition, according to 
such directions as he may receive from the secretary of war 
of the United States, one copy of which he shall deliver to 
the commander-in-chief, and the other of which he shall 
transmit to the president of the United States. 

Section 6o. He shall, within twenty days after the same subject, 
receipt of each company or band pay-roll, under sections one 
hundred and twenty-five and one hundred and twenty-seven, 
after carrying out therein opposite to the name of each man 
returned, the amount of pay to which he is entitled, and 
certifying thereon that it contains the names of those 
persons only who are entitled to pay, transmit the same 
to the mayor and aldermen, or the selectmen, of the city or 
town in which the the armory or place of assembly of such 
company or band is situated. 

Section 64. He shall, on or before the twenty-fifth day same subject. 
of January in each year, make out a certified roll of the 
names of all the general, field and staff officers that appear 
by the returns made to him under section one hundred and 
thirty-one, to be entitled to the pay under sections one hun- 
dred and forty-tliree and one hundred and forty-five, and 
shall ascertain from the returns made to him under sections 
one hundred and twenty-five and one hundred and twenty- 
seven, the amount of money necessary to reimburse the 
several cities and towns, and shall submit such roll and 
result to the auditor, and the governor shall draw his 
warrant on the treasury for such sums as may be necessary 
to pay such officers, and reimburse such cities and towns. 

Section 65. The quartermaster-general, under the Quartennaster- 
direction and supervision of the commander-in-chief, shall g«°erai, duties. 
purchase and issue all ordnance stores, artillery, arms and 
accoutrements, clothing, camp equipage, and military stores 
generally, except such as are expressly directed by law to be 
])urchasc{i by other officers. He shall, under the orders of 
the commander-in-chief, procure and provide means of 
transport for the militia, and for all its implements, muni- 
tions of war, and military supplies, and shall be the keeper 
of the public magazines and of all military proj)erty of the 
Commonwealth, excepting such as is by law cxj)ressly 
intrusted to the keeping of other officers. He shall give 
bond to the state in the penal sum of twenty thousand 
dollars, with two sureties at least, to be approved by ilie 
governor and council, conditioned faithfully to discliargc the 



200 



1864— Chapter 238. 



Commissary- 
general. 



Surgeon-general. 



Adjutant, quar- 
termaster, sur- 
geon, commis- 
sary-generals, to 
account yearly 
for property and 
expenditures. 



Neither officer 
nor assistants, to 
be concerned in 
purchases or sale 
of articles for de- 
partments, ex- 
cept under law. 



Duties of com- 
missary and in- 
spector-generals 
may be assigned 
to other officers. 



duties of his office; to use all necessary diligence and care 
in the safe keeping of military stores and property of the 
Commonwealth committed to his custody ; to account for 
the same, and deliver over to his successor, or to any other 
person authorized to receive the same, such stores and prop- 
erty. And any other officer to whom any arms, equipments, 
stores, or other property of the Commonwealth shall at any 
time be issued, may be required to give a bond to the satis- 
faction of the governor and council, with the like condition. 

Section 66. The commissary-general, under the direction 
and supervision of the commander-in-chief, shall purchase 
and issue all military subsistence supplies. 

Section 67. The surgeon-general, under the direction 
and supervision of the commander-in-chief, shall purchase 
and issue all medical, surgical and hospital supplies. 

Section 68. The adjutant-general, quartermaster-general, 
surgeon-general, and commissary-general shall account, as 
often as may be required by the commander-in-chief, and at 
least once yearly, to the commander-in-chief, in such man- 
ner as he shall prescribe, for all property which shall have 
passed through their hands, or the hands of the subordinate 
officers of their respective departments, or that shall be in 
their care or possession, and for all moneys which they shall 
expend in discharging their respective duties ; and they 
shall annually, in January, lay before the auditor, accounts, 
with vouchers, of their expenditures during the previous 
year. 

Section 69. Neither the adjutant-general, quartermaster- 
general, surgeon-general or commissary-general, nor any 
assistant of either of them, nor any subordinate officer of 
their departments, shall be concerned, directly or indirectly, 
in the purchase or sale of any article intended for, making 
a part of, or appertaining to, their respective departments, 
except for and on account of the Commonwealth, nor shall 
they or either of them take or supply to his or their own use 
any gain or emolument for negotiating or transacting any 
business in their respective departments, other than what is 
or may be allowed by law. 

Section 70. The commander-in-chief may, at his discre- 
tion, whenever the office of commissary-general or inspector- 
general, shall be vacant, assign the duties of such officer to 
some officer already in commission, until the commander-in- 
chief shall deem it necessary to fill such office by special 
appointment. 



1864.— Chapter 238. 201 

ARMS, EQUIPMENTS, EQUIPAGE, ETC. 

Articles furnished by and to soldiers. 

Section 71. All commissioned officers shall provide uniforms and 
themselves with such uniforms and arms complete, as the sioned oaicer to 
commander-in-chief shall prescribe, subject to such restric- p^o'^^^ ^'""'• 
tions, limitations and alterations as he may order. 

Section 72. The non-commissioned officers and privates Non-commi.''sion- 
of the active and volunteer militia upon being enrolled or privftertVb'J* 
organized, shall be furnished, at the expense of the state, forms)'®'* ''°'" 
with the proper uniforms of their regiments and corps by 
the quartermaster-general's department, upon the requisition 
of the commander of the company, countersigned by- the 
commander of the regiment ; such uniforms to be conform- 
able with that prescribed by the general regulations for the 
military force of the state. 

Section 73. Such uniforms shall be deposited in the shaiibedepo?it<-d 
armories of the several companies for safe keeping, and pay commutla 
worn only in the discharge of military duty ; and every ^'^^■ 
person to whom such a uniform is issued shall receive half 
pay only for his services in the discharge of military duty, 
under the laws of the state, until the expense is liquidated 
by such service, when the uniform shall become the property 
of such person. 

Section 74. Any non-commissioned officer or soldier who Punishment for 
shall sell or dispose of such uniform, or secrete or remove ^ng'before'^^o'wul 
the same with intent to sell or dispose thereof, before the '°^" 
same shall have become his property by such service as 
aforesaid, shall be deemed guilty of a misdemeanor, and be 
punished by fine not exceeding two hundred dollars, and 
by imprisonment in the county jail not exceeding six 
months. 

Section 75. Every officer and soldier shall hold his Exempt from 
uniform, arms, ammunition and accoutrements, required by "^"^'^ '°*°*' 
law, free from all suits, distresses, executions or sales for 
debt or payment of taxes. 

Articles furnished by the State. 
Section 76. Whenever any corps or detachment of the Tents, camp 
militia is ordered to perform any duty requiring the use n?t"ion?&c","'.Te' 
thereof, the quartermaster-general shall deliver to the com- ^Zvl!^"'^ ^^' 
manding officer of such corps or detachment, such tents, 
fixtures and other camp equipage, and such ammunition as 
may be necessary for the discharge of such duty; and each now kept. &c 
ofliccr to whom such equipage is delivered, shall be respon- 
sible for the safe keeping of the same, and shall return tlic 

2f) 



202 1864.— Chapter 238. 

same to the quartermaster-general when the duty shall have 
been performed, for which the same was issued ; and in case 
of the discharge or death of sucli officer, he or his legal 
representatives shall be released from such responsibility 
upon filing in the office of tlie quartermaster-general a 
certificate of the officer succeeding him in command that 
the articles so furnished are in his custody at the date of 
the certificate, and in good order and condition, reasonable 
use and wear thereof excepted, and the officer giving such 
certificate shall from that time be responsible for such arti- 
cles as if they had been originally issued to him. 
Colors furnished SECTION 77. Each regiment shall be furnished by the 
Tur^mery^^''^ state with the national and state colors, their staffs, belts 
and sockets ; and each battery of light artillery and company 
of cavalry with its proper guidon, staff, belt, and socket ; 
and the commander of such regiment, battery, or company, 
shall be responsible for their safe keeping. 
Arms and equip- SECTION 78. Each compauy of the active and volunteer 
Sies'wh°en fur^"* militia, ou application by the commander thereof to the 
nished. adjutant-general, and producing satisfactory evidence that a 

suitable armory or place of deposit is provided therefor 
agreeably to section eighty-nine, shall be furnished by the 
quartermaster-general with such appropriate arms and 
equipments as shall be determined by the commander-in- 
chief. 
Commissioned SECTION 79. Thc commissioncd officers of every company 

officers of compa- -- ---.--._ .. 

nies to be respon- 
sible for uniforms 
and all property. 

return of all uniforms, arms, equipment, ammunition and 
equipage, the property of the state, which have, been, or 
shall hereafter be, issued to their respective companies ; and 
for any loss or damage thereto, compensation may be 
obtained by an action of contract brought by the quarter- 
master-general against all or any of such officers, which it 
shall be his duty to bring, 
now relieved in SECTION 80. Ill casc of tlic discharge or death of such an 
oneath*''"^"^" officer, he or his legal representative shall be relieved from 
such responsibility, upon filing in the office of the quarter- 
master-general a certificate signed by not less than two 
commissioned officers of his. company, that such articles are, 
at the date of the certificate, undiminished in quantity and 
value, reasonable use and wear excepted. 
Non-commission- SECTION 81. Noii-commissiooed officers and soldiers sliall 
privftesres^ponsi- bc rcspousible foi'- thc preservation of the arms, equipments, 
formr &c ''""'" ^"^ uniforms furnished to them, and for any injury or 
damage thereto, caused by them or by their neglect, shall 



186^.— Chapter 238. 203 

forfeit a sum sufficient to repair or replace the same, wliicli 
may be recovered on complaint of the clerk of the company, 
or the commander thereof may return such sum to the 
quartermaster-general with a proper specification, who shall 
cause the same to be deducted from the pay of the 
delinquent. 

Section 82. Upou the disbandment of a volunteer com- Disposition of 

, . , , *^ . 1 . . . arms, &c., oo 

pany which has received arms, equipments, or equipage, abandonment of 
from the quartermaster-general, he shall receive the same '^o^p*"^- 
on presentation thereof by the officers of the company, or 
their agents. 

Section 83. .Each company of militia shall be furnished Musical instm- 
with such instruments of music as the commander-in-chief ^a^nVs, colors, 
shall order. Each commander of a brigade may draw fju'e^?"^"^' 
orders upon the quartermaster-general, or officer acting as 
such, in favor of the commanders of regiments, batteries 
and companies for colors, guidons and instruments of music. 
Commanders of companies shall be responsible for the safe 
keeping of the instruments delivered to them for the use of 
their companies. 

Section 84. Each battery of light artillery shall be pro- Batteries of ngut 
vided, by the quartermaster-general, with the battery of whatTo C fur- 
manoiuvre prescribed for that arm by the war department '''^^^^■ 
of the United States ; with caissons, harness, implements, 
laboratory and ordnance stores, as may, from time to time, 
be necessary for their complete equipment for the field ; 
and, when expedient in tiie opinion of the commander-in- 
chief, such quantity of ammunition annually as he may 
deem necessary to be expended in experimental gunnery. 
The commissioned officers of each battery shall be account- 
able for the preservation of the pieces, apparatus and 
ammunition aforesaid, and for the proper expenditure of the 
ammunition. 

Section 85. When a battery or section of a battery is norsestodraw 
ordered to march out of the city or town where the gun- cers'toprocur^' 
house is situated, and on occasions of parade for experi- 
mental gunnery, review or camp duty, the commanding 
officer shall provide horses to draw the field-pieces and 
caissons, and present his account of tiie expenses thereof, as 
provided in section one hundred and fifty-tliree. On all 
other occasions when ordered out by an officer of competent 
authority for camp or salute duty, the charges for horses, 
powder, and necessary expenses, shall be defrayed by tlio 
quartermaster-general. 

Section 86. Every commissioned officer shall be fur- Rooks furnished 
nished with a manual of the tactics of his arm of tiie service ofllcerr'""*' 



204 1864.— Chapter 238. 

as adopted by the war department of the United States, and 

How returned, with a copj of the army regulations. All which books shall 

be considered public property, and returned by such officers 

to the adjutant-general before their discharge shall be 

granted. 

Military stores, SECTION 87. The commandcr-in-chief, with the advice 

founcu°may**seii. ^ud conscut of the couucil, may sell or exchange, from time 

to time, such military stores belonging to the state as shall 

be found unserviceable or in a state of decay, or which they 

think it for tlie interest of the state to so sell or exchange. 

Arsenal at Cam- SECTION 88. The committcc of the legislature on military 

ited by commit- afifairs shall, annually, in January, visit the arsenal in Cam- 

tee of legislature, j^^jj^gg^ j^,^(j make a thorough examination into the condition 

of the same, of the arms and munitions of war, and other 

property of the state or general government deposited there, 

and report the condition of the arsenal and property. 

ARMORIES. 

Municipality to SECTION 89. The mayor and aldermen and selectmen 
toc°mpan™°"^^ shall providc to each company of the active and volunteer 
when necessary, jjjijjtia within thc limits of their respective places, a suitable 
armory or place of deposit for the arms, equipments and 
Location of ar- cquipago fumishcd it by the state. When a company is 
formed from different places, the location of such armory or 
place of deposit shall be determined by the commanding 
officer, with the approval of the commander of the regiment ; 
but when it has been once so determined it shall not be 
again changed without the approval of the quartermaster- 
general. 
Shall make annu- SECTION 90. Tlicy sliall, annually, in October or Novem- 
expeDse,''and° ber, transmit to the office of the quartermaster-general a 



mory. 



I of com- 



pany. 



certificate, verified by the oath or affirmation of at least two 
of their board, showing the name of each company furnished 
with an armory, the amount paid for the rent thereof, and 
stating that a majority of their board consider such armory 
necessary for the use of such company, and that the rent 
charged therefor is fair and reasonable according to the 
value of real estate in their city or town. 
Certificates to be SECTION 91. Thc quartcrmaster-gencral shall, annually, 
paym'e°nt,'how cxamiue all certificates so returned to his office, institute 
made. j^jjy inquiries he may deem expedient relative thereto, and 

allow them in whole or in part to an amount not exceeding 
three hundred dollars for one company. He shall, within 
ten days after such examination, file in the office of the 
auditor his certificate, stating the sums allowed, the name 
of the company for whose use each sum is allowed, and the 



1864.— Chapter 238. 205 

city or town to which it belongs ; and shall thereupon notify 
the mayor, aldermen, or selectmen, of the sum allowed to 
their place, which sum shall be paid upon the warrant of the 
governor to such mayor and aldermen or selectmen, as pro- 
vided by law for the reimbursement of sums paid for military 
service. 

Section 92. A city or town receiving from the treasury penalty for town 
of the Commonwealth, by reason of a false return or certifi- ^''uen no^t^n"''^ 
cate, under section ninety, any money to which such place ""'''^• 
is not entitled, shall forfeit a sum not exceeding four times 
the amount of money so received. 

Section 93. Each armory shall be examined, and the Amory to be es- 
condition thereof reported, once at least in each year, to the *™"'®<*' *'''• 
commander-in-chief, by the inspector-general, or a staff 
officer by him detailed for that duty. 

ORDERS AND NOTIFICATIONS. 

Section 9-4. Orders from the commander-in-chief shall orders of govem- 
be distributed by the adjutant-general; division and brigade sk.ned offi^eraT 
orders, by the respective assistant-adjutant-generals; regi- ^""^ '^'"''"'^'*- 
mental orders, by the adjutant ; company orders, by the 
clerk, or by any non-commissioned officer or private, when 
so required by the commanding officer. 

Section 95. When a commander orders out his company Notices when 
for military duty, or for election of officers, he shall order derroutX" 
one or more of the non-commissioned officers or privates to ^homtobe 

'■ given. 

notify the men belonging to the company to appear at the 

time and place appointed. Such non-commissioned officer 

or private shall give notice of such time and place, to every 

person whom he is ordered to notify ; if he fails so to do, he Penalty for faii- 

shall forfeit not less than twenty nor more than one hundred ""^^ '° ■»<"'*'y- 

dollars, to be recovered on complaint of the clerk, to the use 

of the company. 

Section 96. No notice shall be legal, unless given by now served, 
such non-commissioned officer or private to each man ^'^^"*'"^p'*'***" 
verbally, or by leaving at his usual place of abode a written 
or printed order, signed by such officer or private, four days 
at least previous to the time appointed, for military duty, 
or for election of officers; but in case of invasion, insurrec- 
tion, riot, or an unforseen or sudden occasion, a verbal, 
written or printed notice, however short, shall be legal. 
When a company is paraded, the commanding officer may 
verbally notify the men to appear at a future day, not 
exceeding thirty days from the time of such parade, which 
shall be sufficient notice as respects the persons present ; 
and all commanders of companies may, on parade, cause to 



206 1864.— Chapter 238. 

be read, division, brigade or regimental orders, and notify 
the soldiers of their several commands to appear as by such 
order required ; which notice shall be a sufficient warning. 
Notifications may be proved, as is provided in section one 
• hundred and sixty-one. 
Company with- SECTION 97. Whcu a compauy is without commissioned 
edlffic"^ non-°" officors, the commander of the regiment to which it belongs, 
rri^^rtoTssue""" 0^' ^hc officcr detailed by him to discipline the same, shall in 
order for duty. wHtiug ordcr any non-commissioned officers or privates to 
notify the persons liable to do duty in such company, to 
appear for duty required by law, at the time and place men- 
tioned in such order ; and if a non-commissioned officer or 
private refuses or neglects so to notify, he shall forfeit and 
pay to the use of his regiment not less than twenty nor more 
than one hundred dollars, to be recovered on complaint by 
the commander thereof. 
Orders and noti- SECTION 98. Clcrks of compauics shall record, in the 
recorded. Orderly book, company orders and notifications ; but such 

record shall not be necessary to the recovery of a penalty. 

DISCIPLINE, TRAININGS, INSPECTION, AND CAMP DUTY. 

Discipline of u. SECTION 99. The systcm of discipline and field exercise 

s. army adopted. Qp(|gj,g(j ^q ]jq obscrvcd by tlic army of the United States, in 

the different corps, or such other system as may hereafter be 

directed for the militia, by laws of the United States, shall be 

observed by the militia. 

Annual May SECTION 100. The activc militia and volunteers shall 

monthirdriii, parade by companies on the first Wednesday in May, for 

f'nd'vo^iuntew iuspcction, compauy drill, and manoeuvre. They shall also 

miutia. be assembled for drill six hours in each month, from the 

first day of May to the last day of November, and three hours 

in each month from the first day of December to the last day 

of April ; and, unless otherwise ordered, the times for such 

monthly drills shall be fixed by the commanders of companies, 

respectively. If a company is so situated that the soldiers 

cannot be conveniently assembled at one place for monthly 

drills, the commander of the regiment may order the same 

to be drilled in squads not exceeding three to a company : 

each squad shall, if practicable, be under the command of a 

commissioned officer. The members of the company shall 

be notified as provided in sections ninety-five and ninety-six. 

Separate rolls shall be kept for each squad, and the same 

shall be called under the direction of the commanding officer 

thereof by a non-commissioned officer appointed for that 

purpose. The records of fines and forfeitures incurred at 

such squad drills, shall be kept by the officer in command. 



1864.— Chapter 238. 207 

and have the same force and validity as is herein provided 
in the case of company records. Nothing in this section 
contained shall be construed to excuse the keeping of com- 
pany rolls as provided in this act. 

Students in colleges, academies, professional and normal students in coi- 
schools, not resident in the towns where such colleges, l)m^'!r'*esideuts°^' 
academies, professional and normal schools are established, where driiiea. 
may be enrolled and required to perform the duties exacted 
of the active militia in this section, in the district where said 
institutions are established. 

Section 101. Mayors and aldermen and selectmen shall Places for driii to 
provide suitable places for the parade, target practice and ^® p''°^"*®'*- 
drill, of the militia belonging to their respective cities and 
towns. 

'Section 102. Unless the commander-in-chief prescribes Annual encamp- 
the time, place and manner of assembling the active and """egl'men'tr''*^ 
volunteer militia, for the purposes declared in this section, 
each commander of division shall annually order an encamp- 
ment of his division by brigades or regiments, for four days, 
at some time between the middle of July and the middle of 
October. The order shall be promulgated in the brigade 
thirty days before the time appointed for the encampment ; 
the orders for encampment by regiments shall be promul- 
gated in the regiment twenty days before such time. The 
place, and if no time be designated by the commander of 
division, the time of encampment shall be designated by the 
commander of the troops to be assembled, and regard shall 
always be had to the convenience, proximity and accom- 
modation of the troops to be assembled ; but no ground 
shall be occupied for such encampment, in time of peace, 
without the consent of the selectmen of the town, or mayor 
and aldermen of the city where the encampment is to be 
made, unless by order of the commander-in-chief. 

Section 103. When a company destitute of commis- company with- 
sioned officers parades with other troops, the officer in com- panui^.'^how''' 
mand shall detail one or more commissioned officei's present commumied. 
to command it, unless the officer detailed by the commander 
of the regiment to command it is present. 

Section 104. The division and brigade inspectors shall inspection at 
inspect the arms, ammunition and accoutrements of the di'vlsionnd^ ^ 
regiments in their divisions and brigades, at such annual ["jigi^Je *"«?«<=- 
encampment, and sec that their exercises and manoeuvres 
arc conducted in accordance with the system of military 
discipline required by law, and by orders received, from 
time to time, from the commander-in-chief. 



208 1864.— Chapter 238. 

Inspector-gen- SECTION 105. The iiispectoi'-general shall attend at the 
e^ampments, encampinents provided in this act, and superintend the 
make reports, instruction, drill and manoeuvres practised at the encamp- 
ments, critically observe the same, and make a written 
detailed report thereon, independent of the report of the 
commanding officer. Said report shall state the amount 
and kind of duty performed by the troops on each day, the 
manner of its performance, the state and condition of each 
regiment and company, the degree of order maintained, and 
the general police of the encampment ; and shall also con- 
tain such suggestions as are deemed important upon the 
working and efficiency of the system of instruction, drill 
and discipline prescribed, and of the necessity of further 
regulation and legislation in order to perfect the military 
system of the state, and be transmitted to the commander- 
in-chief within thirty days from the breaking up of the 
encampments. 
Bounds of parade SECTION 106. Evcry Commanding officer, when on duty, 
"mmrnding ^ may asccrtaiu and fix necessary bounds and limits to his 
eSorc'ed"'^ ""^^^ parade, not including a road so as to prevent passing, within 
which no spectator shall enter without leave from such 
commanding officer. Whoever intrudes within the limits of 
the parade, after being forbidden, may be confined under 
guard not exceeding twelve hours, at the discretion of the 
commanding officer ; and whoever resists a sentry who 
attempts to put him or keep him out of such limits, may be 
arrested by order of the commanding officer, and carried 
before a court or magistrate, to be examined or tried upon 
complaint for such assault, or disturbance and breach of the 
peace. 
Authority of Section 107. The authority of the officer in command of 

mandoTca°mp' any Camp may- be extended by order of the commander-in- 
half a' S'^"' chief to a distance of one-half of a mile around such camp, 
around the aud uDou the external space within such distance from the 

camp, &c. •,! . '^ n ^ ^ •j.t^- -j 

camp. With the exception of any road or roads within said 
distance, no person or persons other than the owners of the 
same with their servants, for the purpose of occupying and 
improving the same in the same manner and way in which 
they occupied and improved the same at the time of the 
establishment of such camp, shall be allowed to enter, 
except under such rules as shall be established by the officer 
commanding such camp, with the approval of the com- 
mander-in-chief, or by special permission of the officer in 
command for the time being, or some officer by him desig- 
nated ; and if any person shall so enter he may be imme- 
diately expelled, and before being expelled he may, at the 



1864.--CH AFTER 238. 209 

discretion of the officer commanding such camp, be confined 
under guard for a period not exceeding twenty-four hours. 

Section 108. No officer or soldier shall beholden to perform officers and soi- 

...^ J ^ ^ . „ . . . ,> . , diers not requir- 

military duty, except m case oi nivasion, insurrection, not t-u to ao duty on 
or tumult, made or threatened, or in obedience to the orders cep'^t ' to '^queir'"' 
of the commander-in-chief, on a day appointed for a meeting [^^^y"" '^p*' 
in the town in which he resides for the election of governor, 
lieutenant-governor, senators, electors of president or vice- 
president of the United States, or representatives to congress 
or the general court ; and an officer parading his company 
or wilfully ordering it to parade contrary to the provisions 
of this section, shall, besides being liable to a court-martial, 
forfeit not le&s than fifty nor more than three hundred 
dollars. 

Section 100. The commander-in-chief may order out the Miistisi may be 
active and volunteer militia, or any portion thereof, for drmr&°"*by 
encampment, drill, inspection, review, escort or other duty, eovemor. 

Section 110. Nothing herein contained shall be construed ^°^t''fo°'^^g,^rt^ 
to prevent any company from meeting for the purpose of 
drill, funeral or other escort, or a voluntary service ; nor to By-iaws of yoi- 
impair the obligation arising under constitutional articles of p^beT 
agreement adopted by a volunteer company, so far as regards 
the members who have signed the same, unless they are 
repugnant to law. All fines, penalties and assessments Fines and assesa- 
incurred by officers or soldiers of such company, under such ^vered."^"^ ^^' 
constitutional articles of agreement, signed by them and 
approved by the commander-in-chief, may, in addition to 
any other remedy thereon, be recovered on complaint of the 
clerk. 

Section 111. Every non-commissioned officer and private penalties if non- 
holdea by law to do military duty in any company, and o^r'*or°private 
unnecessarily neglecting to appear at the , time and place fo^Jfuty" "'*'"""■ 
appointed for such duty, shall forfeit and pay for every such 
neglect the suras hereinafter mentioned. 

For unnecessarily neglecting to appear at the inspection 
on the first Wednesday of May, four dollars. 

At any company training, four dollars. 

At any encampment or review, five dollars for each day 
of such encampment or review. 

At any company or squad drill, three dollars. 

At any meeting for special duty of escort or otherwise, 
where no fine is provided, four dollars. 

Section 112. Every non-commissioned officer or private ir ^^ appear- at 
who appears at a parade or drill required by law, deficient f,',' arL oV^i!' 
in any arm, equipment or uniform furnished him by the *''""^' 
state, or rccjuircd of him by law or general order, or with 



210 1864.— Chapter 238. 

such arms, equipments or uniform unserviceable or in bad 
condition, shall forfeit one dollar, to be recovered on com- 
plaint of the clerk, to the use of the company. 

If soldier come SECTION 113. A soldicr wlio unneccssarjly, or without 
order from a superior officer, comes to any parade, with his 
musket, rifle or pistol loaded with ball, slug or shot, or shall 
so load the same while on duty, or unnecessarily, or without 
order from a superior officer, discharges the same when 
going to, returning from, or upon parade, shall forfeit not 
less than five nor more than twenty dollars ; to be recovered 
on complaint of the clerk, to the use of tiie company. 

Forfeiture if SECTION 114. A soldicr behaving with contempt towards 



parade with 
arms loaded, or 
discharges same 
without order. 



soldier behaves 



With contempt to ail officcr. Or conducting himself m a disorderly manner, or 



officer on dutv 



without leave. 



exciting or joining in a tumult or riot, or being guilty of 
uiimilitary conduct, disobedience of orders, or neglect of 
duty when under arms or on duty, shall forfeit not less than 
ten nor more than forty dollars ; to be recovered as provided 
in the preceding section. 
If he quits guard SECTION 115. A soldicr, wautouly or without leave, 
quitting his guard, section, platoon or company, shall forfeit 
not less than five nor more than twenty dollars ; to be 
recovered, if the offence is committed at a regimental 
parade, on complaint by the commander of the regiment to 
the use of the regiment ; if at any other parade, by the clerk 
to the use of the company ; and shall forfeit his pay for the 
term of service for which he is then engaged. 
Soldier may be SECTION 116. For aiiy offcucc mentioned in the preceding 
section the delinquent may be put and kept under guard by 
the commander of the company, regiment or of the field, for 
a time not extending beyond the term of service for which 
he is ordered out. A non-commissioned officer, for an 
reVu^^ftrrank's'! offcuce mentioned in this chapter, or for disobedience of 
orders, or unmilitary conduct at a regimental parade, may, 
besides incurring the fine prescribed, be reduced to the 
ranks by the commander of his regiment ; and for such mis- 
conduct at any other parade, by such commander, with the 
advice of his company commander. 
Soldiers in com SECTION 117. Soldicrs ill coiupaiiies without officers, 
officireTn'iikr when ordered out to be trained and disciplined, shall for 
manner liable, abscuce, deficiciicy, miscoiiduct or neglect, be liable to the 
fines prescribed for offi3nces in other companies ; to be 
recovered u{)oii complaint of the officer so detailed, substan- 
tially as by clerks under section one hundred and sixty-one ; 
to the use of the regiment. 
FineB to inure to SECTION 118. AH fiiics incuiTcd by E non-commissioncd 
coinpany. officer Or soldicr, unless otherwise provided, shall inure to 

the benefit of said company. 



placed under 
. arrest. 



-Non -commission- 



1864.— Chapter 238. 211 

rosters, orderly books, rolls and returns. 

Section 119. The assistant-adjutant-general of ^ach R»^steraand^^^^ 
division and brigade, and the adjutant of each regiment or be kept, 
corps, shall constantly keep a correct roster of the command 
to which he belongs ; and an orderly book in which he shall 
record orders received and issued. 

Section 120. Commanders of the volunteer companies volunteers, cer- 
shall transmit on or before the twenty-fifth day of April, anderXenT 
annually, to each commander of companies in the active "ctf^e^^'ayV 
militia, the name, age and date of enlistment of each mem- 
ber of their company residing within the limits of such 
companies. 

Section 121. The rolls of the several companies shall, at Rousofcompa- 
all times, be open to the inspection of any officer of the to''fnspe''c«on^° 
regiment, brigade or division to which it is attached, or to 
any assessor of the town wherein the company, or any part 
thereof, is raised. 

Section 122. A fair and exact roll of each company shall Arms, uniforms. 
be kept by the clerk, under the direction of the commander, ke^pt by de°rklnd 
with the state of the arms, uniforms and equipments fur- revised annually. 
nished. to each man, in the form prescribed for the returns 
of the militia by the commander-in-chief. Such rolls shall 
be annually revised in the month of April, and corrected 
from time to time, as the state of the company and altera- 
tions in it may require. 

Section 123. An orderly book shall also be kept in each orderly book 
company, by the clerk, under the direction of the com- 
mander, and the proceedings of the company, orders received 
and issued, and exact details of drafts and detachments, 
shall be recorded therein. Fines and forfeitures, with the 
time when, and the offence, neglect, default or deficiency, 
for which they were incurred, money collected by him, with 
the names of the persons from whom collected, and all 
delinquencies and deficiencies, shall be recorded in said 
book, whicli shall not be alienated from the company, and 
be always open to the inspection of its officers. 

Section 124. At the conclusion of each encampment, company re- 
and of any duty performed under section one hundred and d"y"of°°Dc^mp- 
nine, commanders of companies shall make correct dupli- ""^n'- 
cate returns of their several companies for each day of the 
encampment or review, upon which tiie commander of the 
regiment to which the comj)any belongs shall certify whether 
such com{)any, on each of the days of such encampment or 
duty, well and faithfully performed the duties required by 
law, and the numl)er of officers, non-commissioned officers, 
musicians and pi-ivates tiicrcin reported as jjrcscnt and 



212 1864.— Chapter 238. 

doing duty each day, is correct. He shall deliver one of 
such returns to the brigade-inspector, and transmit the 
other, within ten days after said tour of camp or other duty, 
to the adjutant-general. 
Pay-roll of com- SECTION 125. The commandcr of a company, within ten 
da°y to^be'^srnt days after each tour of camp duty, or any duty performed 
adjutant-general, ^^^(jep scctioii ouc huudrcd and nine, shall make a correct 
alphabetical pay-roll of his company, containing the names 
of the members who appeared, armed, uniformed and 
equipped, and performed all the duties required on the days 
of such encampment or other duty, and showing the duty 
done by each member, and transmit the same, certified 
under his oath to be correct and true, to the adjutant- 
general. Such roll shall not contain the name of a private 
who has done duty as a musician, and the whole number so 
returned shall in no case exceed the number allowed to his 
company by section twenty-five. 
Penalty for not SECTION 126. A Commanding officer of a company who 
making returns, jjegigcjg ^q make the rctums required by the two preceding 
sections, shall forfeit twenty-five dollars, and for making a 
false return in any case, shall forfeit one hundred dollars to 
the Commonwealth, to be prosecuted for by the officer to 
whom the return should be made. 
Returns by mas- SECTION 127. Tlic master of cvcrj brigade band shall, 
blnds"^ ^"s*^^ within ten days after a parade thereof, made under order of 
the commander of the brigade to which such band belongs, 
make and transmit to tlie adjutant-general an alphabetical 
list of the men who appeared in uniform and performed 
duty on such day, the last i-eturn to be made on or before 
the tenth of November ; upon which the commanding officer 
to whom the band was ordered to report for duty, shall 
certify that the duty was well and faithfully performed. 
For neglect to make such return, the master shall forfeit 
twenty-five dollars, and for making a false return one hun- 
dred dollars, to be prosecuted for by the officer to whom the 
return should be made. 
Regimental roll SECTION 128. Ou tlic last day of cacli tour of camp duty, 
clmMuty to°be or duty performed under section one hundred and nine, 
made brigade- commauders of rcgimciits shall make correct certified rolls 
inspec r. ^^ ^^^^ ^^^^ ^^^^ ^^^^.^ officcrs of tlicir scvcral commands on 

duty for each day, specifying the names, rank and duty 
done by each officer who appeared armed, uniformed and 
equipped, on any day, and deliver the same to the brigade- 
penaity for neg- iuspcctor. Evcry officcr neglecting to make such returns, 
wporr '"''" sliall forfeit for each offence fifty dollars, and for making a 
false return in any case two hundred dollars, to be prose- 



1864.— Chapter 238. 213 

cuted for by the officer to whom the return should be 
made. 

Section 129. Brigade-inspectors within twenty days after Brigade returns 
each tour of camp or other duty done by their respective withtuggesuons; 
brigades, or the regiments thereof, shall make and transmit j^^k^'wuhi^ 
to the commander of the bVigade a correct return of such twenty days. 
brigades, reporting therein the condition of the arms, 
accoutrements and ammunition of the several corps, with 
such suggestions relating to the government of the militia, 
and the advancement of order and discipline, as in his judg- 
ment may be required ; and also in like manner make and Rou of field and 
transmit to the commander of division a certified roll of chief oniwsion" 
the names of .the general field and staff officers of their 
several brigades, specifying the rank of and duty done by 
each one who appeared uniformed and equipped, and per- 
formed duty on any day. 

For neglect to make either of said returns, each brigade- Penalty for neg- 
inspector shall forfeit seventy-five dollars, and for making a rtporr °"^" 
false return in any case, three hundred dollars, to be prose- 
cuted for by the officer to whom the return should be made. 

Section 130. Commanders of brigades shall, within Brigade returns 
thirty days after each tour of camp or other duty performed made"dTvision^* 
by the troops under their respective commands, transmit to c°mmander. 
the commanders of their divisions a correct return of their 
respective brigades, as furnished by the brigade-inspectors 
under the preceding section. 

Commanders of divisions shall within ten days after the Return to adju- 
receipt of such returns of brigades under their respective '^^''S^"®'^*^- 
commands, transmit to the office of the adjutant-general, 
correct returns of the state of their divisions, as derived 
from such brigade returns. 

Each officer, for neglect to make the returns required of Forfeiture for 
him under this section, shall forfeit for each offence one °''^'"''' 
hundred dollars, to be prosecuted for by the officer to whom 
the return should be made. 

Section 131. Commanders of divisions shall, annually, Division com- 
on or before the first day of November, make and transmit rn"mTreuirof 
to the office of the adjutant-general a certified roll of the adj'utout^generai. 
general field and staff officers in their respective divisions, 
specifying the name, rank and duty done by each one, who 
has appeared armed, uniformed and equipped, and per- 
formed duty, on any day. 

For neglect to make such return, such commander shall Korfeituro for 
forfeit one hundred dollars, and for making a false return «turn' *"' '^"*' 
in any case fivo hundred dollars, to be prosecuted for by the 
officer to whom the return should be made. 



214 



1864.— Chapter 238. 



Militia, how 
called out in case 
of invasioa, &c. 



TPTien comman- 
der of division 
may order out 
troops. 



Drafted men, 
how organized. 



Company with- 
out ofiScer called 
out, commander 
to be detailed. 



Forfeiture if non- 
commissioned 
officer or soldier 
fail to appear. 



Rations for three 
days required. 



Cities and towns 
to provide trans- 
portation when 
requested. 



CALLING OUT THE MILTTIA IN CASE OF WAR, INVASION, INSUR- 
RECTION, TUMULT, OR RIOTS. 

Section 132. When an invasion of, or insurrection in, 
the state, shall be made or threatened, the commander-in- 
chief shall first call upon the active and volunteer militia to 
repel or suppress the same ; and iiiay order out any divisions, 
brigades, regiments or companies thereof; or may order to 
be detached any parts thereof, or if required, may order any 
number of men to be drafted from the reserve militia, and 
may cause officers to be detailed, sufficient with those 
attached to the troops, to organize the forces. If such 
invasion or insurrection, or imminent danger thereof, in any 
part of the state be so sudden that the commander-in-chief 
cannot be informed and his orders received and executed in 
season to resist or suppress the same, any commander of 
division in such part of tlie state, may order out his division, 
or any part thereof, as the commander-in-chief might do. 

Section 133. When a draft from the militia is ordered, 
the drafted men shall be organized by the commander-in- 
chief, agreeably to section thirteen. 

Section 134. If a company of the volunteer or active 
militia without officers is ordered to march, or a detachment 
is ordered therefrom, the commander of the regiment shall 
detail an officer to command, who shall have the same 
authority to order them to appear, to command them in the 
field, or to make a detachment therefrom, as the captain of 
such company would have ; and shall be under the same 
responsibility. 

Section 135. Every non-commissioned officer or soldier 
so ordered out, detached or drafted, who shall not appear 
with such arms and equipments as have been furnished to 
him, at the appointed time and place, or provide a substi- 
tute, shall be taken to be a soldier absent without leave, and 
forfeit fifty dollars to the use of the Commonwealth ; and 
each soldier ordered out, detached or drafted, when so 
ordered shall take with him provisions for not less than 
three days. 

Section 136. The selectmen of a town and the mayor 
and aldermen of a city to which men so ordered out, 
detached or drafted, belong, when required in writing by the 
commander of a regiment or detachment, shall provide 
transportation to attend them with further supplies of 
provisions, and to carry necessary baggage, and provide 
necessary camp equipage and utensils, until notified by the 
commanding officer to desist ; and shall present their 
accounts, as is provided in section one hundred and fifty- 



1864.— Chapter 238. 215 

three. For any neglect by mayor and aldermen or selectmen Forfeiture for 
under this section, their city or town shall forfeit not less ''*^**' ' 
than twenty nor more than five luuidred dollars. The officer 
to whom any articles above mentioned are delivered, shall be 
responsible that care is taken of the same. 

Section 187. When there is, in any county, a tumult. Troops, how or- 

1 1 J r J- i il \ e •*! dered out in case 

not, mob, or a body oi men actnig together by lorce with ofriotprtumuu. 
intent to commit a felony, or to offer violence to persons or 
property, or by force and violence to break and resist the 
laws of the Commonwealth, or of the United States, or when 
such tumult, riot or mob is threatened, and the fact is made 
to appear to the commander-in-chief, or the mayor of a city, 
or to a court of record sitting in said county, or if no such 
court be sitting therein, then to a justice of such court, or 
if no such justice is within the county, then to the sheriff 
thereof, the commander-in-chief may issue his order, or 
such mayor, court, justice or sheriff, may issue a precept, 
directed to any commander of a division, brigade, regiment 
or corps, directing him to order his command, or a part 
thereof, describing the kind and number of troops, to appear 
at a time and place therein specified, to aid the civil author- 
ity in suppressing such violence and supporting the laws ; 
which precept, if issued by a court, shall be in substance, as 
follows : 

.w. Commonwealth OF Massachusetts. Formofrequisi- 

L. S. tion. 

To \ ''''''' '/if, '^''''' I A B, commanding. 5 '"'''' ^'' I 
\ tide. 3 ' (. command, j 

Whereas, it has been made to appear to our justices of our , now 

holden at , within and for the county of , that (here state one 

or more of the causes above mentiotied,) in our county of , and that 

military force is necessary to aid the civil authority in suppressing the 
same : now, therefore, we command you that you cause (here stale the 
number and kind of troops required,) armed, equipped and with ammuni- 
tion, as the law directs, and with projjer officers, either attached to the 
troops or detailed l)y you, to parade at , on , then and there 

to obey such orders as may be given them, according to law. ' Hereof fail 
not at your peril ; and have you there this writ, with your doings returned 
thereon. 

Witness, G T B, Esq., at , on the , day of , in the 

year . C D, Ckrk. 

And if the same be issued by a mayor, justice or sherifT, 
it shall be under his hand and seal, and otherwise varied to 
suit the circumstances of the case. 

Section 138. Tlie officer to whom the order of the com- Penalties for (ii«- 
mander-in-chicf or such precept is directed, shall forthwith ;:^';*i''-'"'^''°f°'"- 
order the troops therein mentioned to parade at tlio time 



216 1864.— Chapter 238. 

and place appointed. If he refuses or neglects to obey such 
order or precept, or if an oflficer neglects or refuses to obey 
an order issued in pursuance thereof, he shall be cashiered 
and punished by fine or imprisonment not exceeding six 
Failure of soldier moiiths, as a court-martial may adjudge. And a non-com- 
to appear. missioned officer or a soldier neglecting or refusing to appear 

at the place of parade to obey an order issued in such case, 
shall forfeit fifty dollars to the use of the Commonwealth. 
Penalty for advis- Aiid any persou advising or endeavoring to persuade an 
a,u^e°°°^^^*" officer or soldier to refuse or neglect to appear at such place 
or to obey such order, shall forfeit two hundred dollars to 
the use of the Commonwealth, or be imprisoned not exceed- 
ing six months. 
Troops to appear SECTION 139. Such troops shall appear at the time and 
LTful OTdwt!^^ place appointed, with such arms, equipments and ammunition 
as has been furnished them, and shall obey and execute such 
orders as they may then and there receive according to law. 
Requisitions by SECTION 140. Rcquisitions by the president of the United 
h^w^s'i^ppiled'. States for militia for active service shall be supplied by the 
commander-in-chief in the manner following, to wit : 
First, the active and volunteer militia. 
Second, the reserve militia. 
Persons exempt The followiug pcrsous Only shall be exempt from a draft, 
from draft. ^^ ^.^ ^ Such as are rejected as physically or mentally unfit 
for the service, all persons actually in the military or naval 
service of the United States at the time of the draft, and all 
persons who have served in the military or naval service two 
years during the present war, and been honorably discharged 
Felony to ex- thcrcfrom : provided^ however^ that no person who has been 
convicted of any felony shall be enrolled or permitted to 
serve in said forces. 
Substitutes for Drafted men may furnish able-bodied substitutes for them- 
drafted men. gelvcs who if mustercd into the service of the United States 
shall be received in lieu of their principals for the quota for 
which the draft is made. 
Orders to fill SECTION 141. The commaudcr-in-chief shall issue all 

governwtoissue. ncccssary orders to fill any requisition for troops made by 
the United States upon this state, and prescribe rules and 
regulations for carrying into effect the necessary drafts 
therefor. 
ulbie*if Kua Section 142. Any person drafted by virtue of the provis- 
to appear, &c. ious of tlic two prcccding sections shall be considered a 
soldier in active service, and failing to appear at the place 
of parade in obedience to any order lawfully issued shall be 
deemed a soldier absent without leave. And any person, 
directly or indirectly advising or in any manner attempting 



1864.— Chapter 238. 217 

to influence any person to avoid compliance with anv order Penaityforadvis- 
issued ui pursuance of the preceding section shall forfeit five 
hundred dollars, or be imprisoned not less than two years. 



ing to avoid. 



COMPENSATION. 

Section 143. General, field and commissioned staff Pay of general, 
officers shall receive for each day's duty in camp, and officers! 
according to the returns of the inspecting officers, five 
dollars, and non-commissioned staff officers three dollars a 
day, to be paid them from the state treasury, upon the 
warrant of the governor and council, and according to a 
pay-roll to be made up by the adjutant-general. 

Section 144. Division and brigade-inspectors, and adju- inspectors and 
tants of regiments of volunteer or active militia, shall receive mint*^."'*"^"^'" 
twenty-five dollars annually, in addition to their pay as herein 
provided. 

Section 145. Every other officer of the active and volun- other officers, 
teer militia shall receive for each day's duty in camp two 
dollars, and each non-commissioned officer and soldier one 
dollar and thirty cents. 

Every member of a brigade band shall receive, for services Brigade band, 
performed in obedience to an order of his commander, at ™*™^"' 
the rate of one dollar and fifty cents a day while on duty. 

Every member of a mounted company shall receive three Mounted compa- 
dollars per day in addition to the compensation herein before °'*'^' 
provided, which shall include keeping and forage for horses. 

Such sums shall be computed by the adjutant-general on Adjutant-generai 
the company and band pay-rolls, made out, certified and '° co^^pute pay- 
returned, under sections one hundred and twenty-five and 
one hundred and twenty-seven. 

After such computation, such pay-rolls shall be transmitted Pay-roiia to be 
to the mayors and aldermen of the cities and the selectmen towns'."*^*"'' 
of the towns in which such companies and bands are situ- 
ated, as provided in section sixty-three. 

Upon receipt of the same, the mayors and aldermen, and p.a.\roenttobe 
selectmen, shall draw their warrants upon their respective "nt^adjliJnt-^ 
treasurers, directing them to pay the amount due to the 8«i«"^'- 
persons named in such rolls, and shall annually, on or before 
the first day of December, under a penalty of thh'ty dollars 
for neglect in so doing, remit such rolls to the adjutant- 
general, with a certificate endorsed thereon, setting forth 
that a warrant has by tiiera been drawn on tlieir respective 
treasurers, in favor of the several persons whose names are 
recorded tlierein. 

Thereupon the adjutant-general shall lav the same, -^haiuay before 
together with his roll of general, field and staff oHicers rum beuniwi.. 
28 



218 



1864.— Chapter 238. 



entitled to pay, prepared under section sixty-four, before 
the auditor, and the governor may draw his warrant on the 
treasury for such suras as may be necessary to pay such 
officers and reimbnrse such cities and towns. 
Pay forfeited for SECTION 146. The compcnsatiou provided in the preced- 
turns^'^'Nourbe ing scctiou shall be forfeited for default in making the 
fuirifufvTe'peV returns required by sections one hundred and twenty-five 
and one hundred and twenty-seven ; and no person shall 
receive compensation who shall not remain in camp and 
perform all duties required during the period of encamp- 
ment ; except that a person who shall once appear, and be 
excused from further duty by reason of sickness, shall be 
entitled to compensation for the time he is actually engaged 
in service. 

Section 147. No officer or soldier in the volunteer militia 
shall receive the compensation provided in this chapter, 
unless he personally performs the duties required by law ; 
nor shall excuses granted for absence from or non-perform- 
ance of military -duty entitle the person excused to receive 
such compensation. 

Section 148. When a corps or detachment is ordered on 
special duty, by the commander-in-chief, under section one 
hundred and nine, or under section one hundred and thirty- 
seven, each member shall receive, while in the performance 
of such duty, the same pay as when performing camp duty, 
and four cents a mile for travel ; but this section shall not 
apply to cases where the term of service exceeds six days. 

Section 149. Officers obliged to go out of the city or 
town of their residence to attend a military election, shall 
be allowed five cents a mile, each way, for travel. 

Section 150. Officers composing courts-martial, courts 
of inquiry, and military boards, and witnesses attending 
before them, shall receive five cents for every mile they 
necessarily travel, in going to and returning from the place 
of trial, and the following sums for each day of attendance : 

To the president of a court-martial, court of inquiry, or 
military board, three dollars. 

To the judge-advocate of the same, four dollars, which 
shall be in full compensation, also, for all services of prepar- 
ing papers before, and making copies after, any. trial, inquiry 
or investigation. 

To the marshal and other members of such court or board, 
two dollars. 

To each witness attending on such court or board, one 
dollar and twenty-five cents. 



Personal service 
requisite to com- 
pensation. Ex- 
cuses not to en- 
title. 



Pay for special 
duty same as for 
camp, with 
travel. 



Travel of officers 
at certain elec- 
tions. 



Courts-martial, 
of inquiry and 
military boards, 
travel. 



Judge-advocate. 



1864.— Chapter 238. 219 

Fees for subpoenas, and service of them, shall be the same Fees for subpce- 

. .. ^ ^ ' na, &c. 

as in civil cases. 

No allowance shall be made for pay or rations for a mill- Pay not aiiomd 
tary guard, unless such guard is ordered by the officer ordered"" *^^' 
appointing the court ; nor shall the above compensation be 
made to officers in actual service and receiving pay. 

Section 151. Every officer or soldier who is wounded, or Relief to disabled 
otherwise disabled, while doing military duty, and the iais'o"deceased"" 
widow or children, of every officer or soldier who is killed, 
or dies of wounds received while doing such duty, shall 
receive from the general court just and reasonable relief. 

Section 152. Tlie militia, while in actual service, shall pay and rations 
receive the same pay and rations as the regular troops of ^uarserwce .''*'" 
the United States ; and the rations, when commuted, shall 
be valued at the rate fixed by the regulations of the United 
States army in force at the time. 

Every non-commissioned officer and private who provides Pay to those who 
himself with a uniform and blanket, when called into service, not,''pr''o7ide uni- 
shall receive, monthly, in addition to his stated pay, as *'"™^- 
follows: Sergeants and musicians, four dollars; corporals 
and privates, three dollars and seventy-five cents ; and if he 
shall not so provide himself, he shall be allowed, monthly, 
two dollars and fifty cents. 

When the militia are discharged from actual service, they Allowance upon 
shall be allowed pay and rations to their respective homes. ""^ "^^' 

Section 153. AH military accounts, including claims Military ac- 
against the state for money expended in the transmission of examined,''oertt'^ 
military documents to and from the department of the fi«J "'"i paid, 
adjutant-general, unless it is otherwise specially provided by 
law, shall be transmitted to the adjutant-general and exam- 
ined, and if found correct, certified by him. They shall 
then, unless it is otherwise specially provided by law, be 
presented to the state auditor for examination, and if found 
correct shall be certified by him to the governor, and paid 
to the persons to whom they are severally due, or to their 
order, at the treasury of the Commonwealth. And no mili- 
tary account shall be certified by the adjutant-general, or 
allowed by the auditor, unless presented to the adjutant- 
general for allowance within the time prescribed by law. 

excuses. 
Spxtion 154. Every non-commissioned officer or private Non-commifsion- 
having bodily infirmity, may be exempted from military pHvri^rhow'* 
duty, if he obtain from the surgeon or assistant-surgeon of •''<«'" p'*'** '"'■""» 

±\ • i. ii.li . i-iiii duty for bodily 

the regiment, or detached company, to which he belongs, or iufirmity. 
if there be no such officers commissioned in such regiment 



2'20 1864.— Chapter 238. 

or company, then from some respectable physician living 
within the bounds of the same, a certificate that he is unable 
to do military duty, on account of bodily infirmity, the 
nature of which shall be described in such certificate ; and 
the captain or commanding officer of his company may, on 
the back of the certificate, discharge the non-commissioned 
officer or private named therein, from performing military 
duty, for a term of time which he shall judge reasonable, 
not exceeding one year ; which certificate, when counter- 
signed by the colonel or commanding officer of said regi- 
ment or company, shall, for the time specified, exempt him 
from military duty, except attendance at the election of 
officers. If such non-commissioned officer or private, having 
obtained such certificate, shall be refused a discharge or an 
approval of a discharge, he may apply to the commanding 
officer of the division or brigade, who may discharge him 
from military duty for such a time, not exceeding one year, 
as he shall judge reasonable, by endorsing the same upon 
the surgeon's certificate. 
Surgeon's fee for SECTION 155. The surgcou or assistaut-surgcon shall be 
prescribed!" entitled to receive for the examination or examinations of 
any soldier applying for exemption from military duty, 
twenty-five cents in any one year, to be paid by the appli- 
Penaity for ex- caut ; and any surgeon or assistant-surgeon who shall ask or 
ceedmg. reccivc from any person enrolled in the militia any additional 

compensation for such an examination shall forfeit fifty 
dollars, to be recovered on complaint of the adjutant of the 
regiment or corps to which the surgeon belongs, to the use 
of the regiment or corps. 
Excuse for non- SECTION 156. Excuscs for the non-appcarauce of a soldier 
soidlertoblmade shall be made to the commanding officer of his company, or 
wHhin twenty ^]^q officcr detailed to train and discipline the company, 
under section thirty-three, within twenty days after a parade, 
or other military duty, from which he has been absent ; and 
Officer may allow ou the delinquent's producing satisfactory evidence of liis 
ifforinabiiity^. juj^j^jij^y ^q appear, such officer may excuse him, with the 
approval of the commander of the regiment ; but no such 
officer shall receive an excuse for non-appearance after the 
Excuse in case of cxpiratiou of tlic twciity days. No excuse shall avail such 
Construed"' ^""^ soldicr, ou a prosecution for the recovery of a fine or forfei- 
ture, unless proved to have been made to such officer before 
the expiration of the twenty days, unless the delinquent 
satisfies the court or justice before whom the case is tried, 
that it was not in his power to make such excuse within the 
time. Such officers shall inform their clerks of all excuses 
allowed for non-appearance. 



1864.— Chapter 238. 221 

Section 157. No commanders of companies shall receive Deficiencies la 

r J r ■ • f • i. equipments. 

excuses for deficiencies of equipment. 

Section 158, When a person is entitled to exemption certain condi- 
from military duty upon presenting evidence of the cause of uonfnoT™^' 
his exemption to his commanding officer, within or before a ^^^"^e- '^''i^^^' 
certain time, as provided in sections eight and ten, and shall 
omit so to present such evidence, it shall not avail him, by 
way of excuse, upon a prosecution for a particular absence 
or default, unless he makes his excuse to the commanding 
officer within twenty days after the training, or satisfies the 
court or justice it was not in his power to make such excuse 
within the time. 

Section 159. When any person shall claim to be exempt Exemption for 
from enrolment by reason of his age, the burden of proof ^^^^j''^^^^'' °f 
respecting his age shall, in all cases of doubt, he upon claimant. 
him. 



prosecution for fines. 
Section 160. Fines and forfeitures incurred by members Fines of members 

of voluntee" 
companies. 



of volunteer companies, may be collected by such persons, °*^'"''"°**""^ 



and disposed of in such manner, for the benefit of said com- 
panies, as a majority of the members thereof may determine. 

Section 161. Fines and forfeitures incurred by members prosecution for 
of the active militia shall be collected in the following man- miHti'! *'^'"'* 
ner, to wit : The clerk of each company, after the expiration 
of twenty days, and within forty days after parade, election 
of officers, inspection training, review or encampment, shall 
in those cases where fines are to be collected upon his com- 
plaint, make and subscribe an information against the 
offending soldiers or non-commissioned officers who have 
not been excused by the commander of the company, under 
section one hundred and fifty-six, or who have not within 
the twenty days aforesaid paid to him the forfeiture they 
have incurred, which information shall be left with some 
justice of the peace or filed in some police court in the information to 
county in which the offender resides. Such information ^"^'«'^- 
shall be in substance as follows : 

To A B, Esq., justice of the peace within and for the county of 
or to the justice of the police court within and for 

I, the subscriber, clerk of the company commanded by , do 

hereby give information against the following person [or persons] who, 
being duly enrolled in said company, and being duly notified to meet with 
said company, on the day of , in the year , [for inspection 

or review, election of officers, special duty, or as the case may be] was 
guilty of the olTences, and did incur the forfeitures, set against his 
name : 



222 1864.— Chapter 238. 

Names. Offences. 

A B, non-com. ofScer ; ( For unnecessarily neglecting 7 
C D, private, ... J to appear on said day, . . J 
p p ( For being deficient of a j 

"* ' { on said day, ^ 

( For being on said day guilty ~) 

G H, -] of coming on to the parade > has forfeited 

( with his arms loaded, . . ) 
fFor unnecessarily discharg- 
ing his musket, rifle or 
pistol in going to, or re- 
turning from, or on the 
•place of parade, without 
the orders of an officer, . 
fFor leaving his guard, sec- 



IK 



J -ji, J tion, platoon or company 

' j without the leave of an 

[_ officer, 



has forfeited 
has forfeited 



has forfeited 



has forfeited 



[And In the same manner, substantially, all other offences are to be set 
forth against offending non-commissioned officers and privates.] 

I, therefore, agreeably to my oath of office, and In compliance with the 
requisitions of the law In this behalf, request you to issue a summons, 
directed to the person named In the above Information, to appear before 
you, and show cause. If any he has, why it should not be adjudged that he 
pay the forfeiture set against his name, for the offence which he is therein 
alleged to have committed. 

Dated at , this day of , in the year 

A B, clerk of the company commanded by 

Summons to be The justicG OF court shall file the same ; and upon motion 
iunemrnths" of the clei'k shall, within nine months, and not afterwards, 
g|j^°2 seven days jssue a summons to eacli person informed against, to be served 

at least seven days before the time appointed for showing cause. 
The summons, if issued by a justice of the peace, shall be 

in substance as follows : 

Form of by jus- 5■''• 

tice. [Seal.] To the sheriff of said county, or either of his deputies, 

or either of the constables of the town of , In the county aforesaid, 

greeting : 

In the name of the Commonwealth of Massachusetts, you are hereby 
required to summon C D, of , In the county aforesaid, to appear before 
. me, E F, one of the justices of the peace for the county aforesaid, at _ , 

in , on the day of , at of the clock In the 

noon, then and there to show cause, if any he has, why judgment 
should not be rendered, that he has forfeited for [here Insert the 

offence, and the time when and place where it was committed.] Hereof 
fail not, and make due return of this writ, and your doings thereon, unto 
myself, on or before the said hour of the day of 

Dated at aforesaid, the day of ' in the year 

E F, Justice of the Peace. 

If issued from a police court, as follows : 

Form by police SX. ThE COMMONWEALTH OF MASSACHUSETTS. 

court. [Seal.] To the sheriff of the county of or either of his deputies, 

or either of the constables of the town of In said county, greeting : 



1864.— Chapter 238. 223 

We command you to summon C D, of in said county, to appear 

before our justices of our police court, to be bolden at within and 

for our on then and there to show cause, if any be has, why 

judgment should not be rendered, that he has forfeited for [bore 

insert the offence, and the time and place where it was committed.] 
Hereof fail not, and have you there this writ, with your doings thereon. 

Witness, W S, Esq., at on the day of in the year 

t P, Clerk, 
[or witness my hand and seal at on the day of in the year of 
our Lord A B, Justice of said Court.] 

When the person summoned appears, he may plead that Defendant may 

1 • . M^ J • -I \j. • -1 plead not guilty. 

he IS not guilty, and give any special matter in evidence. 

Upon the trial of such complaint, made by the clerk of a complainant to 
company, it shall be sufficient for the complainant to prove prove^sfgn™*' 
that he is clerk of the company ; for which purpose he shall 0^^^^""^°"'^ °^ 
produce his warrant as a non-commissioned officer, and 
prove the signature thereto of the colonel or commanding 
officer of the regiment, and that at the time of signing such 
warrant he was reputed to be and acted as such colonel or 
commanding officer ; which shall be prima facie evidence 
that such complainant was appointed a non-commissioned 
officer by the captain or commanding officer of such com- 
pany, and that a legal return of such appointment was made 
to the colonel or commanding officer of the regiment. 

He shall then show, upon the back of his warrant, a legal shaii showap- 
certificatc of his appointment as clerk, and qualification as qurufiTaUon^M 
such by taking the oaths required by law. For which pur- ^lerk. 
pose he shall prove the signature of the captain or com- 
manding officer of such company, and that he is such 
captain or commanding officer, by producing his commission 
as such ; but if the clerk is appointed clerk pro tempore., his 
appointment may be proved by the records of the company. 

lie shall then produce the roll of the company, and prove suaii produce 
that the defendant resided within the limits of the company, 60111111'!; ut"'^^ 
and was enrolled or enlisted therein at the time he was 
notified of such meeting. 

He shall then produce the order of the commanding Order for meet- 
officer of such company to notify the said meeting or timio'fde"endant 
meetings thereof, and prove his signature thereto, and that 
the defendant was legally notified of the time and place of 
such meeting or meetings. 

If it is required by law that the order for such military Proof of order 
duty shall in such case be given by any officer superior to roX^Kivl^i'by 
the commanding officer of a company, then the orders ""p"'""- «"»'="• 
of such superior officer, and all intermediate orders of officers 
transmitting the same to the commanding officer of the 
company shall be proved, and that the persons purporting 



224 1864.— Chapter 238. 

by such orders to be such officers are such ; for which pur- 
pose, it shall be sufficient to produce the transmitted written 
or printed copies of such orders, and the regimental or 
other last order, transmitting the same to the commanding 
officer of the company ; to prove the signature of the proper 
officer to such regimental or other last order, transmitting 
the same ; and to prove that all the officers above men- 
tioned are reputed to be such officers and act as such. 
Offence to be The abseucc or offence of the defendant shall then be 

^'°^^'^' proved, to show that he is liable to the fine alleged to be 

Burden of proof, iucurrcd by him; and, in case of absence, the burden of 
if absence. prgof shall bc upou him to show that his absence was 
necessary. 

The evidence above described shall be taken to be prima 
facie sufficient to support the complaint. 
Secondary evi- Whcu it appears that a document or paper above men- 
ce^ld^^^"""^' tioned cannot be produced, satisfactory secondary evidence 

thereof shall be received. 

Testimony of Upon tlic hearing of such case, the testimony of the 

dence!° ''^ *"'" clcrk, or otlicr person who was ordered to notify the whole 

or part of the company, shall be prima facie evidence of 

notice to the defendant, and that he neglected to appear. 

Exemption for q^j^g certificate of the surgeon of the regiment, or 

infirmity, how . i r • i p • i j j.i i. 

proved. assistant-surgcou, approved as herein beiore proviaed, that 

the defendant was unable to perform military duty at the 
time of his absence, shall be prima facie evidence that 
he ought to be excused for a particular absence, if the 
provisions of section one hundred and fifty-six have been 
complied with ; but any permanent disability, or such 
temporary excuse, may be proved by parole. 

^fT?"?."'""'"'^ If the defendant makes default, or judgment is rendered 

of deiault or neg- tp -fi 

lect of judgment, agaiust him, and he neglects for two days alter to satisiy the 
same, with legal costs, execution shall be issued therefor; 
which execution, issued by a justice of the peace, shall be in 
substance as follows, but if by a police court, shall be so 
altered as to conform to the summons : 



The Commonwealth of Massachusetts. 



[Seal.] To the sheriff of said county, or either of his deputies, or 
either of the constables of the town of , in the same county, greeting : 

Whereas, E L, clerk of the company commanded by , in said 

county, on the day of , before J I), Esq., one of our justices of 

the peace for our county aforesaid, recovered judgment against T P, of 
, for the sum of , fine or forfeiture, and costs 

of prosecution, as to us appears of record, whereof execution remains to 
be done : We command you, therefore, that of the money of the said 
T P, or of his goods or chattels, within your precinct, at the value 
thereof in money, you cause to be levied, paid and satisfied, unto the said 



1864.— Chapter 238. 225 

E L, the aforesaid sums, being in the whole ; and also, out of 

the money, goods and chattels of the said T P, you levy twenty-five cents 
more for this writ, together with your own fees ; and for want of such 
money, goods or chattels of said T P, to be by him shown unto you, or found 
within your precinct, to the acceptance of the said E L, for the aforesaid 
sums, we command you to take the body of the said T P, and him commit 
unto our jail in B, and we command the keeper thereof accordingly to 
receive the said T P into our said jail, and him safely keep, until he pay 
the full sums above mentioned, with your fees, or that he be discharged 
by the said E L, or otherwise, by order of law. Hereof fail not, and 
make return of your doings therein unto our said justice, within twenty 
days next coming. 

Witness, our said justice at B, the day of , in the year 

one thousand . J D, Justice of the Peace. 

The complaint or summons may be amended in any stage Amendment of 
of the proceedings without payment of costs ; and tlie tinuMcTanr' 
defendant shall be allowed an adjournment or continuance '''Ability for costs. 
of the case, if justice requires it. The clerk shall not be 
liable to pay costs to a defendant in a case in which the 
commanding officer of his company has certified upon the 
information of the clerk, his approval of the same. And no Appeal. 
appeal shall be allowed from any such judgment, unless the 
forfeiture adjudged exceeds ten dollars, exclusive of costs. 

A complaint by any other officer shall be prosecuted in complaints by 
the like manner so far as the same is applicable tiiereto, the howp?Secuted. 
forms being varied accordingly ; and he shall prove his 
authority by producing his commission and other competent 
evidence wliich may be necessary. 

Section 162. No person shall be imprisoned upon an imprisonment 
execution issued upon a complaint and judgment described °'^^^^<^'^^^°°- 
in the preceding- section, for a longer time than six days ; 
but shall, at the expiration of that time, be disclwrged by 
the keeper of the jail to which he is committed. The judg- judgment 
ment debtor shall remain liable for the amount of tiie judg- J«btor, liability, 
ment and the costs of imprisonment; and execution for tlie 
whole of the same may be sued out against the property of 
such debtor. 

Section 163. The clerk of each company, or other officer Money collected 
prosecuting such com))laint, shall retain to his own use from alsp'osedof"' 
the forfeitures so collected, the amount of the expenses 
incurred by him in prosecuting the same, and, upon demand, 
pay the remainder to the commander of the company, regi- 
ment or corps, entitled to the benefit thereof, who shall give 
his reccii)t therefor, and expend the same in defraying such 
expenses of the company, regiment or corps, as a majority 
of the commissioned officers thereof shall judge necessary. 
All captains or commanders of companies, and all other import of, to ad- 
officers authorized by this act to direct or control the collec- J""'"'-^*'"""' 
^9 



226 



1864— Chapter 238. 



tiou of fines, shall report annually, to the adjutant-general, 
through the usual channels of military communication, the 
amount of fines imposed, the amount collected, and the 
disposition thereof. 



Complaints on 
which courts 
may be ordered. 



Trial of officer i 
be within year. 



Charges, prefer- 
ment defined. 



Copy of charges, 
&c., to be deliv- 
ered. Court may 
adjourn. 



Courts, of whom 
to consist and 
when to be held. 



Courts, general, 
to be appointed 
by governor, for 
rank above cap- 



Courts, division, 
to be appointed 
by commandant. 



COURTS-MARTIAL. 

Section 164. All complaints upon which courts-martial 
are ordered, shall be in writing and signed by the complain- 
ant, and shall clearly specify the offence, and the time when 
and place where it was committed. 

No officer shall be tried by court-martial for an offence 
committed more than one year before the complaint, unless 
his absence or other manifest impediment has prevented a 
complaint within that time ; nor on a charge preferred by a 
soldier, unless for an offence committed while in the actual 
service of the state or of the United States, nor unless such 
charge is preferred before such soldier has left the service. 

Section 165. Every officer to be tried by court-martial 
shall be put under arrest. 

The judge-advocate shall deliver to the accused a copy of 
the charges against him, and a notice of the time and place 
of trial, ten days at least before the day of trial ; and if he 
objects, and the court shall be satisfied that he has not 
received the. same, they shall adjourn, so as to allow the 
time required to elapse, after the delivery of the notice and 
copies. 

Section 166. Courts-martial shall consist of a president, 
judge-advocate, not more than four nor less than three 
members, present at the organization of the court, and a 
marshal ; and shall be holden between the first day of 
December, and the last day of March, in the day time. 

There shall be only one general and one division court- 
martial, in one division, in one year. 

General courts-martial shall be appointed for the trial of 
all officers above the rank of captain, by the orders of the 
commander-in-chief, issued to the divisions which in his 
opinion can most conveniently furnish members for the 
same ; and he shall appoint a president, not below the rank 
of brigadier-general, and a marshal of said court. 

Division courts-martial shall be appointed for the trial of 
officers of and under the rank of captain, by the orders of 
each commanding officer of a division, in his own division, 
issued to the brigades, regiments, and companies which, iu 
his opinion, can most conveniently furnish members for the 
same ; and he shall appoint a president, of the rank of 
colonel or lieutenant-colonel, and a marshal. 



1864.— Chapter 238. 227 

Officers shall be detailed to sit upon courts-martial, in ^*/^jJuft°®'=^*/f 
manner following: Major-generals, by the comma n der-in- tiai, regulations 
chief, from the general roster ; brigadier-generals and officers p'^'^^"'''^'^' 
of any divisionary corjDS by the commanding officers of 
divisions, from the division roster ; colonels, lieutenant- 
col6nels and majors, and officers of any company attached 
to a brigade, by the commanding officers of brigades, from 
the brigade roster ; captains and subalterns, by the com- 
manding officers of regiments, and other separate corps. 
And when it appears that an officer detailed or to be detailed. Provision in case 

. , 1 1 (- (V • i 1 1 i •'^"y officer de- 

ls or will be, lor some sufficient cause unable to serve on a tailed is unable 

court-martial, the officer detailing him, having satisfactory *°^"^^- 

evidence thereof, shall certify such inability to the officer 

ordering the court-martial, and at the same time detail the 

officer next in rotation on the roster. No senior officer, 

superior in rank to the president, shall be detailed. 

The officers ordered to detail members shall make returns Return to be 
forthwith to the officer appointing the court, who shall trans- 
mit the same to the judge-advocate. 

The judge-advocate of each division shall, when ordered, judge-advocate 
attend general and division courts-martial within his division ; to at'tenT"'^"^^ 
but when he is prevented by inability or legal impediment, 
the officer ordering the court-martial shall appoint some 
person to be judge-advocate to the same. 

If the officer appointed president shall not attend at the if president does 
opening of the court, the officer highest in rank present "°' '^"'^'*'*- 
shall be president. 

When it is found that by reason of absence, challenge or if sufficient mem- 
other cause, the number of members of a general or division lendforTre not 
court-martial (beside the president,) qualified to act, is less *iuaiified. 
than three, the court shall adjourn for a suitable time ; and 
the president shall forthwith notify the fact to the command- 
ing officer of the division in which such general or division 
court-martial is held ; and such commanding officer shall 
himself detail from the division a number of officers of the 
same rank as tliose before detailed, sufficient to complete 
the court. 

If no judge-advocate or marshal attends at the opening of ifjudge-advooatc- 
the court, the president shall appoint a judge-advocate or uotTttoud/"*' 
marshal, which appointment shall be entered on the record 
and signed by him. The judge-advocate acting at the com- 
mencement of a trial, shall serve during the trial, notwith- 
standing the attendance or appointment of any other person 
afterwards. 

Officers on a court-martial shall rank by seniority of com- iinnu of court 
mission. "'"^^•"- 



228 



1864.— Chapter 238. 



Adjournment. The court may adjourn, when it appears to them neces- 

sary, before a judge-advocate appears, and before they are 
qualified. 

Oath of president SECTION 167. Bcforc a court-martial proceeds to the 
trial of an officer, the judge-advocate shall administer to the 
president and members, severally, the following oath : 

You, A B, do swear, that without partiality, favor, fear, prejudice or 
hope of reward, you will well and truly try the cause now before you, 
between the Commonwealth and the person (or persons, if more tlian one 
is accused, in the same complaint,) to be tried ; and that you will not 
divulge the sentence of this court-martial, until it shall be approved or 
disapproved of, and that you will not discover the vote or opinion of a 
member, unless required to give evidence thereof, as a witness, in due 
course of law : So help you God. 

Oath of judge- And the president shall administer to the judge-advocate 
advocate. ^j^^ following oath : 

You, A B, do swear that you will faithfully and impartially discharge 
your duties as judge-advocate on this occasion, as well to the Common- 
wealth as to the accused ; and that you will not on any account at any 
time divulge the vote or opinion of any member of this court-martial, 
imless requii'ed to give evidence thereof, as a witness, in due course of law : 
So help you God. 



Challenges, how 
and when made, 
and by whom 
tried. 



Certain causes of 
challenges, when 
waived. 



If accused is ab- 
sent or with- 
draws. 



WitnesBea sum- 
moned must 
appear. 



Penalty. 



Oatjj ipf witness- 



No member shall be challenged by the government or the 
accused, until the president, members and judge-advocate 
are sworn. Only one member shall be challenged at a time, 
and the challenge shall be in writing, stating the cause of it. 
The person challenged shall not vote, but the president and 
other members shall try whether the challenge is good. 

Illegality or irregularity in the detail of a member of the 
court, shall be good cause of challenge by either party ; but 
shall be considered as waived unless the objection be taken 
at the time and in the manner aforesaid. 

If the accused neglects to appear and defend, or refuses 
to plead, or withdraws in contempt of the court, the court 
may proceed to trial and judgment, as if he had pleaded not 
guilty. 

Persons summoned by the judge-advocate or a justice of 
the peace, shall appear and give evidence before a court- 
martial, but the defendant's witnesses shall have their fees 
first tendered to them, and the penalties for neglect to appear 
shall be the same, and the judge-advocate may issue a capias, 
in like manner as in criminal prosecutions. 

Before the witnesses testify, they shall be sworn by the 
judge-advocate in the following form : 



1864.— Chapter 238. 229 

You, A B, do swear [or affirm] that the evidence you shall give, in the 
cause now in hearing, shall be the truth, the whole truth, and nothing but 
the truth : So help you God, [or, this you do under the pains and penalties 
of perjury, in case the witness shall affirm.] 

When the adjutant-general shall he complainant for neglect E^'idence of de- 
er default in making returns, he shall not be required to be 
present, and his certificate shall be sufficient prima facie 
evidence that the return was or was not made, and that a 
. copy of a return is true. 

Judae-advocates shall be the certifying officers, to authen- copies of court 

.. , ^ . r 11 \. ^ ^ c x documents and 

ticate copies of papers and documents used ueiore courts- papers, how 
martial, courts of inquiry, or boards of officers, except '»"t'^«^"'^^'«'^- 
papers or documents from the adjutant-general's office, 
which shall be certified by him ; but copies may be proved 
as in other courts. 

The statement of the complainant, and the defence of the ah proceedings 
accused, and motions, arguments and objections to the betnwrui'ug.*" 
proceedings, by either party, and the answers thereto, 
shall be submitted to the court in writing ; the evidence and 
proceedings in and out of the court, and opinions of the 
judge-advocate on questions of law arising during the trial, 
shall be put in writing by him. After the prosecution and 
defence are concluded, he shall state and sum up the evi- 
dence, and give his opinion to the court upon matters of law, 
which opinion, with the judgment, he shall put in writing. 

When a question is to be decided, the iudge-advocate shall votes, how tak- 

,^ , o 1 1 1 • '• -xi ii ef. Two-thirds 

receive the vote of each member, beginning wnth the young- required to con- 

est and proceeding to the eldest. The president shall vote ; """"• 

and unless two-thirds of the members agree that the accused 

is guilty, he shall be acquitted. If two-thirds of the members 

shall find him to be guilty, he shall be sentenced to be repri- senteace. 

manded in orders, or to forfeit a sum not exceeding two 

hundred dollars, or to be dismissed from office,— either or all 

of them ; and in the last case, he may be further adjudged 

to be disqualified from holding any military office during life 

or a term of years. 

Courts-martial may preserve order during their session ; courts-martiai 
and whoever shall, in such court, behave in a disorderly or preservTorder. 
insulting manner, or make a tumult or disturbance, may be 
arrested by order of the court, and confined not exceeding 
twenty-four hours, and fined not exceeding five dollars, — 
either or both. If the fine is not paid, the judge-advocate 
shall issue a mittimus, forthwith to commit such person to 
prison in the same manner and with the same elfect as upon 
executions from justices of the peace in cases of prosecutions 
for non-payment of other military fines and costs. 



230 1864.— Chapter 238. 

Records, how TliG record of the trial and judgment, with the papers 

and transmuted, used therein, 01' copies thereof, certified by the judge-advocate, 

shall be authenticated by his certificate and signature, and 

sealed up and transmitted by him to the officer who ordered 

Approval or dis- the court, who shall annex thereto liis approval or disap- 

tence°^^ ° ^*° proval of the same, and the reasons thereof in writing, and 

ti'ansmit the same as soon as may be to the office of the 

adjutant-general, to be kept and preserved. 

Pay-roll. The judgc-advocatc shall also make, certify and transmit 

the pay-roll of the court-martial to the same office. 
Copy of record Tlic officer Ordering the court, and the party tried thereat, 
party tried"'^ ^ sliall rcccivc, upou rcqucst, froui the adjutant-general a copy 
of the record ; the party tried [paying a reasonable sum for 
his copy. 
Judgment of dis- Thc judgment of disqualification may, after approval, be 
be'reVereeT'"*^ icversed in whole or ill part, by the commander-in-chief, but 
all other parts of the sentence, when approved, shall remain 
in full force. 
What offences SECTION 168. Evcry commissioncd officer may be tried 

TOMt-martlai. ■'^ by a court-martial for the following offences: 

For conduct unbecoming an officer and a gentleman, when 
on duty, or to the prejudice of good order and military dis- 
cipline. 

For neglect of any duty required in this chapter. 
For disobedience of orders, or an act contrary to the pro- 
visions of this chapter. 

For oppression or injury of any under his command. 
For a combination, or attempt to break, resist or evade 
the laws or lawful. orders given to a person, or advising any 
person so to do. 

For insult to a superior officer in the exercise of his office. 
For presuming to exercise his command while under 
arrest ; in which case, if guilty, he shall be removed from 
office. 

For neglect or refusal, when commanding officer, to order 
out the troops under liis command, when required by law, 
or ordered by his superior officer. 

For excusing, as commanding officer of a company, any 
person under his command, for deficiency or unnecessary 
absence, or after the expiration of the time allowed by law. 

For neglect or refusal to make a draft or detachment 
when legally ordered to do so. 

For neglect or refusal to cause prosecutions to be com- 
menced for fines, when it shall be necessary. 

For parading the troops under his command on days of 
election, contrary to the provisions of section one hundred 
and eight. 



1864.— Chapter 238. 231 

For receiving any fee or gratuity, as surgeon or assistant- 
surgeon, for a certificate of inability to do military duty, and 
for refusing to examine an applicant in his regiment for 
exemption from military service. 

For neglect, when detailed to train and discipline a com- 
pany, or make complaint for neglect or violation of duty, 
as jn'ovided by law, or for any other neglect for which a 
commanding officer of the company would be liable. 

For neglect or refusal to march, make a draft, or for 
disobedience to an order, in case of invasion or insurrection, 
as provided in sections one hundred and thirty-two to one 
hundred and thirty-five, inclusive. 

For refusal or neglect to obey a precept or order to call 
out the militia, or an order issued in obedience thereto, in 
case of tumult, riot, or other cause, as provided in sections 
one hundred and thirty-seven to one hundred and thirty- 
nine, inclusive, or for advising any officer or soldier to do 
the like ; in which cases, the offender shall be cashiered, 
beside being subject to fine and imprisonment, as provided 
in section one hundred and thirty-eight. 

Section 160. Any fine not exceeding two hundred Fines imposed by 
dollars, may be inflicted on any officer, by sentence of a howprosecuted. 
general or division court-martial, as a part of, or the whole 
of, such sentence ; and such fines shall be prosecuted by the 
judge-advocate, or person a[)pointed to act as such at the 
court-martial, in an action of tort, to the use of the Com- 
monwealth ; and if any judgment for cost, shall be rendered oostsagiinst 
against any judge-advocate in such case, the officer to whom Clfptidl"''*'^' 
the execution upon such judgment is delivered, shall 
demand payment of the execution of the treasurer of the 
county in which such judgment is rendered, and the said 
treasurer shall pay the same, and it shall be allowed to said 
county, in the settlement of said treasurer's account with 
the Commonwealth. 



BOARDS OF OFFICERS. 

Section 170. The commander-in-chief, when in his opm- c.oyemormaj 

settle qucstioc 



ion it shall be necessary, may call boards of officers for '^pp^*''' """'i-^ '» 
settling military questions, or for other purposes relative to 
good order and discipline. 

Section 171. No officer appointing a court-martial, or ouard not to i.e 
board of ofiiccrs, shall order a guard for the same, unless, ueceSarr*'" 
in his opinion, it is necessary for their protection. 

Section 172. In this chapter the word "soldier" shall "Soidier-and 
include company musicians and all persons in the volunteer lisedTtuis'la 
or enrolled militia, except commissioned officers, and the '^*^^''"'='^- 
word " company " may include battery. 



232 



1864.— Chapter 238. 



Penalty for false^ 
ly giving certifi- 
cate that party 
is quaker or 
shaker. 



Same for falsely 
claiming to be 



Forfeiture of 
keepers of tav- 
erns, &c., for 
not giving infor- 
mation to asses- 
sors of their 
residents. 



Other person 
refusing or giv- 
ing falsely. 



Civil officer for 
failing to obey 
this act. 



Mayors and al- 
dermen included. 



No military or- 
ganizations al- 
lowed, except 
those authorized 
by law or special 
license of gov- 
ernor. 



Cities and towns 
jirnhibifed from 
approving. 



Section 173. If elders or overseers of a society of qiiak- 
ers or shakers give the certificate provided in the second 
section, to a person who does not profess the religious faith 
of their society, or who is not a member thereof, or who is 
not conscientiously scrupulous of bearing arms, each elder 
or overseer so offending shall forfeit two hundred dollars to 
the use of the Commonwealth, and be imprisoned not 
exceeding six months. And any person claiming to be 
exempted from enrolment by virtue of such a certificate, 
who does not profess the religious faith, or is not a member 
of the society named therein, or who is not conscientiously 
scrupulous of bearing arms, shall be liable to the same 
penalty. 

Section 174. Keepers of taverns or boarding-houses, 
and masters and mistresses of dwelling-houses shall, upon 
the application of the assessors, or any officer or non-com- 
■ missioned ofiicer of the militia, within whose bounds their 
houses are situated, or of persons acting under them, give 
information of the names of persons residing in their houses 
liable to enrolment or to do military duty ; and every per- 
son liable to enrolment shall, upon like application, give his 
name and age ; and if such keeper, master, mistress or 
person, refuses to give such information, or gives false infor- 
mation, such keeper, master, mistress or person, shall for- 
feit and pay twenty dollars, to be recovered on complaint of 
either of the assessors or officers, or non-commissioned 
officers aforesaid. 

Section 175. Civil officers named in this chapter, neg- 
lecting or refusing to obey its provisions, shall, except as 
otherwise specially provided, forfeit not less than twenty nor 
more than five hundred dollars. 

Section 176. The provisions of this chapter concerning 
the powers and duties of the selectmen of towns, shall be 
construed to include the mayor and aldermen of any city. 

Section 177. It shall not be lawful for any body of men 
whatsoever, other than the regularly organized corps of the 
militia, the troops of the United States, the state guard 
authorized by chapter one hundred and sixty-seven of the 
acts of the year eighteen hundred and sixty-three, and the 
ancient and honorable artillery company, to associate them- 
selves together as a military company or organization, or to 
parade in public with arms, in any city or town of this Com- 
monwealth, without the license of the governor thereof, which 
may at any time be revoked ; nor shall it be lawful for any 
city or town to raise or api)ropriate any money toward arming, 
equipping, uniforming, or in any way supporting or sustain- 



1864.— Chapter 239. 23a 

ing or providing drill-rooms or armories for any such bodies 
of men. 

Section 178. Whoever offends aoainst the provisions of Penalty for such 

,, ,. ,. , , ^^ ,' .,, unlawful organ- 

the preceding section, or belongs to or parades witli any jzation or parade. 
such unauthorized body of men, with arms, shall be pun- 
ished by a fine not exceeding the sum of ten dollars, or by 
imprisonment in the house of correction or common jail for 
a term not exceeding six months. 

Section 179. The thirteenth chapter of the General I^o^p^^'^"!^,!^-- 

/-I iTi i/>i.Ti <^i 10, act bJ, 111 in 

Statutes, the two hundred and forty-third chapter of the part, '63, i93, 
acts of eighteen hundred and sixty-three, and all laws incon- ^*^' ^*'^^' 
sistent with the provisions of this act, are hereby repealed. 

Section 180. This act, with the exceptions of sections ^g''" ^''' *'''^®^ 
one hundred and seventy-seven and one hundred and 
seventy-eight, shall take effect upon its passage. 

Approved May 14, 1864. 

An Act in relation to trusts and trustees. Chap. 239 

Be it enacted, Sfc, as follows : 

Section 1. Any person having charge of money or Trusteesunder 
property, as trustee under an act of incorporation by this LnTc^p^oiations 
Commonwealth, and any corporation, other than a bank, to''make^°annuai 
having money or property in trust, shall annually, before '"''Po/^a'te'^"®"^' 
the first day of November, report to the secretary of the 
Commonwealth, a sworn statement of the amount and con- 
dition of said trusts, on the first day of July in that year, 
giving the amount paid from or on account of the same, for 
the twelve months next preceding ; and the secretary of the 
Commonwealth shall submit the same in print to the legis- 
lature, within the month of January of the succeeding year. 

Section 2. Any person holding property in trust for the certain trusts 
benefit of any city or town, or for the inhabitants thereof, bemad^todty 
or for any religious, charitable or educational purpose ^"naunuaTiyf'' 
therein, shall annually, in January, make a sworn report to 
the city council of the city, or to the selectmen of the town, 
where such trust is holden, of the amount and condition of 
the same on the first day of January of that year, with a 
statement of the amount expended therefrom during the 
twelve months next preceding. 

Section 3. Any trustee failing to comply with the provis- Penalty for non • 
ions of this act, shall be subject to a penalty not exceeding ""'^^ '"'"" 
five hundred dollars. Approved May 13, 1864. 

30 



234 



1864— Chapters 240, 241, 242. 



Chap. 240 



An Act to establish the salary of the governor of the 
commonwealth. 

Be it enacted, ^-c, as follows : 

Section 1. The governor shall receive out of the treasury 
a salary of five thousand dollars a year, and shall be entitled 
to no fees or perquisites of office. 

Section 2. This act shall take effect at the commence- 
ment of the next political year. Approved May 13, 1864. 

An Act to incorporate the whitman and miles manufactur- 
ing COMPANY. 
Be it enacted, §*(?., as follows: 

Section 1. Augustus Whitman, Eugene T. Miles, Low- 
ell M. Miles and Jared Whitman, junior, their associates 
and successors, are liereby made a corporation, by the name 
of the Whitman and Miles Manufacturing Company, for the 
purpose of manufacturing mowing and reaping machines, 
knives, edge-tools, and other implements of iron and steel, 
in the town of Fitchburg ; with all the powers and privileges, 
and subject to all the duties, liabilities and restrictions, set 
forth in all general laws, which now are or may hereafter 
be in force, relating to such corporations. 

Section 2. The said corporation may hold, for the pur- 
pose aforesaid, real estate to tlie amount of one hundred and 
fifty thousand dollars, and the wliole capital stock of said 
corporation shall not exceed two hundred and fifty thousand 
dollars, in shares of one hundred dollars each. 

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

Approved May 13, 1864. 

Chap. '2-^'2 An Act to authorize the toavn of sandisfield to take stock 

IN THE PITTSFIELD AND NEW HAVEN RAILROAD COMPANY. 

Be it enacted, ^'c, as follows : 

Section 1. The town of Sandisfield is hereby authorized 
to subscribe for and hold shares in the capital stock of the 
Pittsfield and New Haven Railroad Company, to an amount 
not to exceed 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 Sandisfield is hereby author- 
ized to raise by issuing its bonds, or by loan or tax, any 
sums of money which shall be required to pay its instal- 
ments or its subscriptioiis to said stock and interest thereon. 

Section 3. The said town of Sandisfield may appoint a 
committee who shall subscribe in behalf of the town for 



Salary. 



Act, when iii 
force. 



Chap. 241 



Name. 
Purpose. 



Powers and du- 
ties. 



Capital stock. 



Authority 
granted. 



May raise money. 



May appoint 
committee. 



1864.— Chapter 243. 235 

such number of shares in the capital stock of said company 
as shall be voted by said town ; and said committee are 
hereby authorized to cast the vote of said town in tlie choice 
of directors of said road at the first meeting of the stock- 
holders thereof called for that purpose ; and thereafter the ^°//J°.^^^°'*=® °^ 
vote of said town in the choice of directors of said road, 
shall be cast by the person or persons whom said town may 
appoint. 

Section 4. The authority granted in the first section of Actshaii be sub- 

, ,, . • r . 1 ,11, mitted to voters 

this act shall not vest m said town unless at a legal town oftown. 
meeting called for that purpose, three-fourths of the voters 
present and voting thereon shall vote to make said subscrip- 
tion ; and the said vote shall be expressed by a written or 
printed ballot of yea or nay, and the check list shall be used 
as in the election of town officers. Approved May 13, 1864. 

Ax Act concerning .the somerville horse railroad company Chap. 243 

AND THE CAMBRIDGE RAILROAD COMPANY. 

Be it enacted, S)-c., asfulloios: 

Section 1. The Cambridge Railroad Company is hereby Cambridge co. 
authorized to purchase of the Somerville Horse Railroad soSe?viUe road, 
Company all its rights, franchise and property, or a portion ^n ^i^oie «' part, 
only of its tracks, upon such terms as may be agreed upon 
between the respective boards of directors, and ratified by a 
majority of the stockholders of each corporation, present 
and voting thereon, at meetings called for that purpose. 

Section 2. After the purchase of the whole or a part of May extend 
the property of the Somerville Horse Railroad Company, as tuh'itfown'ir' 
provided in the preceding section, the Cambridge Railroad (^i^mbridge. 
Company may extend the tracks of the Somerville Horse 
Railroad, to connect with its own tracks at or near Porter's 
Hotel in the city of Cambridge, subject to the provisions of 
the general laws that arc or may be in force relative to street 
railway corporations. 

Section o. If the Cambridfre Railroad Company pur- union of compa- 
lases the entire property, rights and Irancbise ot the Soni- purchase iu 
erville Horse Railroad Company, the latter corporation shall '''''°'"- 
thcreupou l)e merged in the Caml)ridgc Railroad Corporation, 
and said corporation shall thereafter liave all the powers and rowers and du- 
privileges, and be sulyect to all the duties, restrictions and ^^^'' 
lial)ilities, now by law appertaining to the two corporations. 

Section 4. If the Cambridge Railroad Company pur- Cambridge co. 
chases a part only of tiie tracks of the Somerville Horse capHariTcL of 
Railroad, said corporation is hereby authorized to increase p""'"'""'"''""- 
its cai)ital stock by adding thereto an amount corresjwnding 
to the actual sum paid in cash for said tracks ; and the 



236 1864.— Chapters 244, 245. 

somerTiiieCo. Somerville Horse Railroad Company shall thereupon reduce 

shall reduce cap- ,, , c ■. ^ ^ t -,1,1. , 

itai. the amount oi its outstanding capital stock, in the propor- 

tion which the length of track sold tears to the whole length 
of its tracks. 

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

Approved May 13, 1864. 
Chap. 244 -^^^^ -'^ct for the better accommodatiox of the adjutant- 

GEXERAL. 

Be it enacted, Sfc, as folloics : 
A^'^nmentof The I'oom uow occuplcd by the commissioners on public 
lands is hereby assigned to the use of the adjutant-general. 

Approved May 13, 1864. 

Chap. 245 Ax Act to authorize the toavx of becket to take stock in 

THE PITTSFIELD AND NEW HAVEN RAILROAD COMPANY. 

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

granted.*^ SECTION 1. The towu of Bcckct is h'ereby authorized to 

subscribe for and hold shares in the capital stock of the 
Pittsfield and New Haven Railroad Company, to an amount 

Amount of sub- iiot to excccd forty thousand dollars, and to pay for the same 

scription. ^^|. ^^ ^j^g 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. The Said towu of Bcckct is hereby authorized 
to raise by issuing its bonds, or by loan or tax, any sums of 
money which shall be required to pay its instalments or its 
subscriptions to said stock and interest thereon. 

May appoint SECTION 3. Tlic said towii of Bcckct may appoint a com- 

subsTribe^ ° mittcc wlio shall subscribe in behalf of the town for such 
number of shares in the capital stock of said company as 

Vote in choice of gjiaH bc votcd by said town. And said committee are hereby 

directors. ^ • ^ ^ • -, • , ^ • n 

authorized to cast tiie vote of said town in the choice of 
directors of said road, at the first meeting of the stockhold- 
ers thereof called for that purpose ; and thereafter the vote 
of said town in the choice of directors of said road, shall be 
cast by the person or persons whom said town may appoint. 
Authority shall SECTION 4. The authority granted in the first section of 

not vest in town, ,. in , • ■^ i ,ii 

act is ac- tiiis act shali not vest m said town unless at a legal town 
meeting called for that purpose, three-fourths of the voters 
present and voting thereon, shall vote to make said sub- 
scription ; and the said vote shall be expressed by a written 
or printed ballot of i/ea or na//, and the check list shall be 
used as in the election of town officers. 

Approved May 13, 1864. 



cepted. 



1864.— Chapters 246, 247. 237 

An Act to authorize the town of otis to take stock in the QJiap, 24:6 

PITTSFIELD AND NEW HAVEN RAILROAD COMPANY. ^ 

Be it enacted, §'c., as follows : 

Section 1. The town of Otis is hereby authorized to ^^^'^^^^j'^ 
subscribe for and hold shares in the capital stock of the 
Pittsfield and New Haven Railroad Company, to an amount 
not to exceed fifty thousand dollars, and to pay for the same Amount^of sub- 
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 Otis is hereby authorized May raise money. 
to raise by issuing its bonds, or by loan or tax, any sums of 
money which shall be required to pay its instalments or its 
subscriptions to said stock and interest thereon. 

Section 3. The said town of Otis may appoint a com- ^^^j^pp^'°* 
mittee who shall subscribe in behalf of the town for such subscribe. 
number of shares in the capital stock of said company as 
shall be voted by said town ; and said committee are hereby vote in choice of 
authorized to cast the vote of said town in the choice of '^"^°^°'^^- 
directors of said road at the first meeting of the stockholders 
thereof called for that purpose ; and thereafter the vote of 
said town in the choice of directors of said road shall be cast 
by the person or persons whom said town may appoint. 

Section 4. The authority granted in the first section of A"tii°"^.y si^"^'! 

,. . .1 1 iii not vest m town, 

this act, shall not vest in said town, unless at a legal town unless act is ac- 
meeting called for that purpose three-fourths of the voters "^^^'^" 
present and voting thereon, shall vote to make said subscrip- 
tion ; and the said vote shall be expressed by a written or 
printed ballot of yea or tiay, and the check list shall be used 
as in the election of town officers. Approved May 13, 1864. 

An Act to authokize the first universalist society in boston QJi^n, 247 

TO sell real estate. "' 

Be it enacted, ^'c, as follows: 

Section 1. The First Universalist Society in Boston is .j^utuority 
hereby authorized to sell and convey by deed its land and ''"^""''^ ' 
meeting-house situated at the corner of North Bonnet and 
Hanover Streets, in the city of Boston ; and to use the 
proceeds thereof, after paying the debts of said society, in 
such manner and for such purposes as the proprietors of 
said meeting-house shall determine. 

Section 2. Said society may, after the disposal of all its Dissolution of 
corporate property and estate and the payment and discharge '""'"'" 
of all debts outstanding against it, dissolve itself and cease 
to hold any corporate powers. 



society. 



238 1864.— Chapters 248, 249. 

Act not to take SECTION 3. Tlus act slull not take effect, unless accepted 
eec.uness. ^^ ^ ^^^^^ ^^ two-tliirds of the members of said society 
present and voting thereon, at a legal meeting, called for 
that purpose. Approved Maij 13, 1S64. 

Chan. 248 -^^ -^^t in relation to the election op fence viewers. 
Be it enacted, §'c., as follows : 

Elections made SECTION 1. Tlic clection of fcncc vicwcrs heretofore had 
in the several towns in the Commonwealth shall be valid 
notwithstanding the ballot was not used in their election as 
provided in cliapter ninety-three of the acts of the year one 
thousand eight hundred and sixty-two. 

Repeal. SECTION 2. The third section of the ninety-third chapter 

of the acts of the year one thousand eight hundred and 
sixty-two is hereby repealed. Approved May 13, 1864. 

Chan 249 ^^ ^^^ ^^ authorize the town of lee to take stock in the 
-t ' pittsfield and new haven railroad company. 

Be it enacted, ^'c, as follows: 

granted.'^ SECTION 1. The towu of Lco is hereby authorized to 

subscribe for and hold shares in the capital stock of the 
Pittsfield and New Haven Railroad Company, to an amount 
Amount of sub- iiot to cxcecd ouc hundred thousand dollars, and to pay for 
scnption. ^1^^ 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 pro- 
perty which it may possess. 
May raise money. SECTION 2. Thc Said towu of Lcc is hcrcby authorized to 
raise, by issuing its bonds, or by loan or tax, any sums of 
money which shall be required to pay its instalments, or its 
subscriptions to said stock, and interest thereon. 
May appoint SECTION 3. Tiic said towu of Lee may appoint a coin- 

subscribe *° mittee, who shall subscribe in behalf of the town for such 
number of shares in the capital stock of said company as 
Vote in choice of shall bc votcd by Said town ; and said committee are hereby 
directors. authorized to cast the vote of said town, in the choice of 

directors of said road, at the first meeting of the stock- 
holders thereof called for that purpose ; and thereafter the 
vote of said town in the choice of directors of said road, 
shall be cast by the person or persons whom said town may 
appoint. 
Authority not to SECTION 4. Tlic authority granted in the first section of 
uniessacns ac- this act sliall iiot vcst in said town, unless at a legal town 
cepted. meeting called for that purpose, three-fourths of the voters 

present and voting thereon, shall vote to make sncli sub- 
scription ; and the said vote shall be expressed by a written 



1864— Chapter 250. 239 

or printed ballot of yea or naij^ and the check list shall be 
used as in the election of town officers. 

Approved May 13, 1864. 

Ax Act to promote public justice in criminal cases. Chan. 250 

Be it enacted, ^-c, as folloics: 

Section 1; No variance between any matter, in writing variance in writ- 
or in print, produced in evidence on the trial of any criminal uTrecUaTin """^ 
cause, and the recital or setting forth thereof in the com- m^^riai!' ""'^ 
plaint, indictment or other criminal process, whereon trial is 
liad, sliall be deemed material : provided, that the identity of Proviso, 
the instrument is evident, and the purport thereof is suffi- 
ciently described to prevent all prejudice to the defendant. 

Section 2. Any objection to a complaint, indictment or objection for 
other criminal process, for any formal defect apparent on how tike^n!*"'' 
the face thereof, shall be taken by demurrer or motion to 
quash, assigning specifically the objections relied on before a 
judgment has been rendered by a trial justice or a police 
court, or a jury has been sworn in the superior or supreme 
judicial court. 

Section 3. No motion in arrest of judgment shall be Motion m arrest 
allowed for any cause existing before verdict, unless the "^J'^'^sment. 
same affects the jurisdiction of the court. 

Section 4. In any plea of auirefois acquit or avtrefois v\e% ot autrefois 
convict, it shall be sufficient for the d6fendant to state that, aXarntT""*' 
at a certain term of a certain court, which he shall set forth, statement taken. 
he was lawfully convicted or acquitted, as the case may be, 
of the same offence with which lie is now charged. 

Section 5. No bill of exceptions or appeal from the Exception or ap- 
rulings or decision of the superior court before whom the Im" o*/s up. court 
cause is tried, shall stay judgment on an indictment, com- ra';.nt°uniesi"jufl 
plaint or other criminal proceeding, unless the ijresidino; '''^e.^'- J^ourt 

J ,. ... pi, • 1- • 1 .^ 1 M certify Joubt. 

justice or some justice ot the supi-emc judicial court shall 
certify thereon, that in his opinion there is so mucii doubt 
as to the questions raised thereby, as to render it expedient 
to stay judgment until the final decision of the sui)rcme 
judicial court ; which certificate so made, and filed with the 
clerk of tbe proper court, shall operate to stay judgment 
and sentence, and if the defendant has been committed, and 
tiie offence is bailable, to authorize the clerk to issue a 
precept for his release, upon such terms as to bail as the 
justice granting the certificate shall order. 

Approved May 13, 1SG4. 



240 1864.— Chapters 251, 252. 

ChCfD. 251 -^^ ■^^'^ ^^ ADDITION TO AN ACT TO INCORrORATE THE QUINCY RAIL- 
^' ' ROAD COMPANY. 

Be it enacted, Sfc, as follows : 
May extend track TliG Quiiicy Railroad Company is hereby authorized to 
branch°roId!' cxtciid its track from the terminus at Penn's Hill in Quincy, 
into or through the town of Braintree, and also to construct 
a branch railroad from some point near the stone church 
in Quincy into or through the town of Weymouth, with 
authority to pass over such bridges as such extension and 
branch road may traverse ; subject to the provisions of all 
general laws that are or may be in force relating to street 
railways. Approved May 13, 1864. 

CA^W. 252 ^^ -^CT TO INCORPORATE THE SOUTH DANVERS AND LYNN STREET 
^ * " RAILWAY COMPANY. 

Be it enacted, ^c, as follows : 
Corporators. SECTION 1. William H. Little, Henry Poor, Stephen 

Blaney, Lewis Allen, Caleb W. Osborn, their associates and 
successors, are hereby made a corporation by the name of 
Name. tlic South Dauvcrs and Lynn Street Railway Company, with 

power to construct* maintain and use a railway with con- 
Location, venient single or double tracks, from such point or points at 
or near the square, so called, in South Dan vers, and from 
such point of intersection with the railroad of the Salem 
and South Danvers Railroad Company, at said square in said 
South Danvers, as may be fixed by the selectmen of said 
South Danvers, and thence, upon and over Foster Street to 
Washington Street, Washington Street to Main and -to Lynn 
Streets, and Lynn Street to the dividing line between said 
May use c^ertain Soutli Dauvcrs and tlic city of Lynn: and with the right to 
and'southotn- cntcr iipou and use the tracks of said Salem and South 
vers road. Dauvcrs Railroad Company upon and over Main Street, from 
Washington Street to the square aforesaid, but not to enter 
upon and use any other part of said tracks, such use to be 
in such manner and upon such rates of compensation as 
may be agreed by the parties, or in case of disagreement, as 
May extend road shall be determined according to law. And said corporation 
to Lynn. jg iigreby further authorized to extend and use their railway, 
in manner aforesaid, from said dividing line, by one direct 
and eligible route, to some convenient central point in the 
city of Lynn, subject to location by the board of aldermen of 
Proviso. said city : provided, Iioivever, that if the Lynn and Boston 
Railroad Company shall, within three months from and after 
the time when the South Danvers and Lynn Railway shall 
have been constructed to the said dividing line, locate and 
extend its tracks from a central point in said city of Lynn 



1864.— Chapters 253, 254. 241 

to said dividing line in Lynn Street aforesaid, then the South 
Danvers and Lynn Railway Company, shall not extend its 
railway beyond said dividing line, but shall have the right 
there to intersect and connect with the railway of said Lynn 
and Boston Railroad Company, and to enter upon and use 
the tracks of said company by one route to some convenient 
and central point in said city of Lynn and no further, in 
such manner and upon such terms as the parties may agree, 
or as, in case of disagreement, shall be determined according 
to law. 

Section 2. The capital stock of said corporation shall not capital stock. 
exceed seventy-five thousand dollars. 

Section 3. Said corporation shall have all the powers Powers and du- 
and privileges, and be subject to all the duties^ liabilities *'^^' 
and restrictions which are or may be in force relating to 
street railway corporations. 

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

Approved May 13, 1864. 
An Act to ixcorporate the people's savings bank in the city Chap. 25Z 

OF WORCESTER. "' 

Be it enacted, ^'c, as follows : 

John C. Mason, William Cross, Sumner Pratt, their corporators, 
associates and successors are hereby made a corporation by , 
the name of the People's Savings Bank, in the city of Name. 
Worcester; witli all the powers and privileges and subject Powers and du- 
to all the duties, liabilities and restrictions, set forth in the ''^^' 
fifty-seventh chapter of the General Statutes, and in all 
other laws of this Commonwealth that ai-e now or may 
hereafter be in force, relating to institutions for savings. 

Approved May 13, 1864. 

An Act to provide trial by jury upon the question of grant- />l^^ 0^4 

ING A CERTIFICATE OF DISCHARGE IN INSOLVENCY. l^fiap. ^0'± 

Be it enacted, Sfc, as follows: 

Section 1. The court to which an appeal is made from court appealed 
the decision of the jndge of a court of insolvency, upon tlie maS'frame^is- 
question of granting to a debtor the certificate of discharge, trriasatcom- 
shall, on a demand in writing filed with the clerk, by the mouiaw. 
debtor, the assignee or a creditor, frame issues of fact for 
trial by jury, and the same shall be so tried, as nearly as 
may be alter the manner of conducting suits at common 
law, and a decree may be entered in conformity with the 
verdict thereon. 

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

A/proved May 13, 186i. 
31 



Powers and du 
ties 



242 1864.— Chapters 255, 256, 257. 

Chan. 255 ^^ ^^'^ ^^ relation to the union society in east bridgewater. 

Be it enacted, Sec, as follows : 

Corporators. SECTION 1. GeorgG M. Keith, Clarksoii W. Richards, 

"Walter Severance, their associates and successors, are hereby 
incorporated as a parish or religious society, by the name of 
Name. The tFuiou Society in East Bridgewater, with all the powers 

and privileges, and subject to all the duties, liabilities and 
restrictions, set forth in the general laws, which are or may 
be in force, relating to such corporations. 
Former organiza- SECTION 2. The Organization of said society which 
ce°edings SD°der was cffcctcd uudcr tlic name of The Union Trinitarian 
same confirmed, gocicty of East and Wcst Bridgewater, in the year eighteen 
hundred and twenty-six, and all its subsequent proceedings 
under and by virtue of such organization, as the same are 
now entered on the records of said society in the possession 
of E. E. Richards, the clerk thereof for the current year, 
with all its acts and doings, are hereby ratified and con- 
firmed, as the records and acts of a duly and legally organ- 
ized corporation. 

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

Approved May 13, 1864. 
An Act to establish the salary of the justice of the police 

court of the city of CHELSEA. 

Be it enacted, Sj-c, as follows : 
Salary estab- Tho Salary of the justice of the police court of the city of 

^^^'^- Chelsea shall be thirteen hundred dollars per annum, to be 

computed from and after the first day of April, in the year 
eighteen hundred and sixty-four. Approved May 13, 1864. 

Chap. 251 An Act relating to the charles river and warren bridges 

"' FUND. 

Be it enacted, Sj-c, as folloios : 
Fund to be ap- Section 1. Thc Charlcs River and Warren Bridges Fund, 
SeMand'^for''^'' with all the accumulations thereof, shall be applied to the 
repairs. payment of obligations already incurred for the mainte- 

nance and repair of said bridges, and to their future main- 
tenance and repair. 
Certain receipts SECTION 2. Each of the draw-tondcrs for said bridges, 
ten'deM^oJay"" ^^pon thc leccipt of any money for rent or use of any build- 
treasurer forth- i,)g^ privilege or property, or for the sale of any property 
belonging to said bridges or either of them, or for damage 
done to either of them or to any property thereto belonging, 
shall immediately pay over the same to the treasurer and 
receiver-general, and the same shall be added to the afore- 
said fund. 



Chap. 256 



1864.— Chapters 258, 259, 260. 243 

Section 3. So much of the eleventh section of chapter Repeal. 
ninety-six of the acts of the year one thousand eight iuin- 
dred and fifty-eight, as is inconsistent with this act is hereby 
repealed. 

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

Approved May 13, 1804. 
An Act in relation to drunkards and common drunkards in Chap. 258 

THE city of boston. "' 

Be it enacted, ^t., as follows: 

Section 1. Persons convicted in the city of Boston of on conviction 
drunkenness, or as common drunkards, and sentenced to teuced toTouse 
imprisonment, shall have their sentences executed in the of'^dustry. 
house of industry in said city. 

Section 2. Tins act shall take effect on the first day of Act, when la 
June, in the year eighteen hundred and sixty-four. 

Approved May 13, 1804. 

An Act to regulate seining in the harbor of mattapoisett. CJiar) 259 
Be it enacted, Sfc, as follows: 

No person sliall set, draw or use any seine or net in the seining forbidden 
harbor of Mattapoisett or the waters flowing into said 3on''of''se^eot- 
liarbor, within a line drawn from Strawberry Point, on the ™'^°' 
easterly side of said harbor, to the most southerly point of 
Mattapoisett Neck, on the westerly side of said harbor, with- 
out the permission of the selectmen of Mattapoisett ; and Penalty. 
any person offending against the provisions of this act, shall 
forfeit and pay tiie sum of twenty dollars for each offence, 
to be recovered by complaint before any trial justice, for tlie 
use of the complainant. Approved May 13, 1804. 



Chaj). 260 



An Act to authorize the town of tolland to take stock 

the pitt8field and new haven railroad company. 
Be it enacted, Sfc, as folloios : 

Section 1. Tiie town of Tolland is hereby authorized to Authority 
subscribe for and liold shares in the capital stock of the ^'"'""*- 
Pittsfield and New Haven Railroad Company, to an amount 
not to exceed twenty-five tliousand dollars, and to pay for Amount of sub- 
tlie same out of the treasury of the town, and to hold the '^"'i"'""- 
same as town property subject to the disposition of the town 
for public purposes, in like manner as other property which 
it may possess. 

Section 2. The said town of Tolland is hereby .authorized Muy raise money, 
to raise, by issuing its bonds, or by loan or tax, any sums of 
money which shall be required to pay its instalments, or its 
subscriptions to said stock, and interest thereon. 



244 1864.— Chapter 261. 

^ommfucl^o Section 3. The said town of Tolland may appoint a 

subscribe. Committee, who shall subscribe in behalf of the town, for 

such number of sliares in the capital stock of said company, 
as shall be voted by said town, and said committee are 
hereby authorized to cast the vote of said town, in the 
Vote in choice of choicc of dircctors of said road, at the first meeting of the 
*"^'°''^' stockholders thereof, called for that purpose, and thereafter 

the vote of said town in the choice of directors of said road 
shall be cast by the person or persons, whom said town may 
appoint. 
Authority shall SECTION 4. Tlic authority granted in the first section of 
unless by consent this act sliall uot vcst ill Said towii, unlcss at a legal town 
ofToters. meeting called for that purpose, three-fourths of the voters 

present and voting thereon, shall vote to make said subscrip- 
tion ; and the said vote shall be expressed by a written or 
printed ballot of yea or nay^ and the check list shall be used 
as in the election of town ofiicers. Approved May 13, 1864. 

Chap. 2bl An Act authorizing the extension of the lowell horse rail- 
road INTO CHELMSFORD AND DRACUT. 
Be it enacted, Sj'c, as follows: 

Authority SECTION 1. The Lowcll Horsc Railroad Company is here- 

granted. ^yy authorizcd to extend its railway, with convenient single 

or double tracks, into the towns of Chelmsford and Dracut, 
upon and over such streets and highways in said towns as 
shall, from time to time, be fixed and determined by the 
selectmen thereof with the assent in writing of the corpora- 
tion filed with said selectmen. 
May increase SECTION 2. Said Corporation is hereby authorized, after 

capital. j^ gj^^ii have constructed six miles of single-track railway, 

to increase its capital stock by adding thereto, for each 
additional mile thereafter built, an amount corresponding 
to the cost of such extension or extensions of its railway, 
not exceeding the rate of fifteen thousand dollars per mile 
Proviso. for single track : provided, that the aggregate increase of 

capital stock hereby authorized sliall not exceed one hundred 
thousand dollars. 
Act, how limited. SECTION 3. Tliis act shall take effect upon its passage, 
and shall be limited by the provisions of section twelve of 
the act of the year eighteen hundred and sixty-four entitled 
" An Act concerning street railway corporations." 

Approved May 13, 1864. 



1864.— Chapters 262, 263, 264. 245 



;t concerning the taking of the oaths, affidavits, depo- Chap. 262 

)NS AND THE ACKNOWLEDGMENT OF DEEDS, OF PERSONS IN THE ^ 



An Act 

SITIONS 

military SERVICE OF THE UNITED STATES. 

Be it enacted, ^'c, as follows : 

Section 1. Chapter fortj-one of the acts of the year one May ^be done by 
thousand eight liundred and sixty-three is amended so as to lieutenant. 
allow oatlis to be administered, affidavits, depositions and 
acknowledgment of deeds to be given and made before any 
officer in the regular or volunteer service of the United 
States, above the rank of lieutenant. 

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

Approved May 13, 1864. 
An Act to authorize the city of roxbury to fill up the dock Chop. 263 

AT ROXBURY POINT. 

Be it enacted, ^'c, as follows : 

Section 1. The city of Roxbury is hereby authorized to Authority 
fill up with gravel or other suitable material, the dock situ- ^'"'*'*'''^" 
ated in that part of said city known as Roxbury Point, and 
lying between the city wharf, so-called, on the north-west 
and the wharf or land of the trustees of the Grammar 
School in the easterly part of the town of Roxbury on the 
south-east, and south-westerly of a straight line drawn from 
the north-easterly corner of said city wharf to the north- 
westerly corner of said wharf of said trustees. 

Section 2. The rights of the respective owners and certain rights 
lessees of said dock, and of the wharves and lands adjacent affected.^ 
thereto, as against each other, shall not' be atfected by the 
provisions of this act, nor shall the rights of any person be 
impaired thereby. 

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

Approved May 13, 1864. 

An Act relating to the east boston freight railroad Chap. 264 

COMPANY. •^' 

Be it enacted, Sfc, as follows; 

The East Boston Freight Railroad Company is liereby May issue bonds 
authorized to issi.ie one hundred and forty thousand dollars ^"'^""•i ''^ ■^<"t- 
of bonds secured by mortgage on any portion of railioad or 
other pi-operty to which they may have a legal title: 
provided, tiiat nothing in this act contained sliall be con- proviso, 
strned to pi'cjudice, or affect the rights of any party or to 
ratify and confirm any acts of any parties in relation to the 
property now or formerly belonging to the Grand Junction 
Railroad and Depot Company. Approved May 13, 1804. 



246 1864.— Chapters 265, 266, 267. 

Chap. 265 ^"^ -^^"^ concerning orders of notice in probate courts. 
Be it enacted^ §'c., as follows : 

App||eations^and SECTION 1. Ill all matters ill the probate courts requiring 

uin/puwicltion notice to be given to the heirs, devisees or legatees of any 

ofnotice. estate, where personal notice is not ordered, the judge or 

register of such court, shall require the person upon whose 

application or petition proceedings are contemplated, to 

publish, or cause to be published, a notice of the same, in 

one or more newspapers, three weeks successively, the first 

publication to be fourteen days, at least, prior to the time 

when such proceedings are to be had, and to send, or cause 

to be sent, a written or printed copy of such notice, properly 

mailed, postage prepaid, to each of the heirs, devisees or 

legatees, or their legal representatives, known to the peti- 

tioner,*within two days of the date of the first publication of 

said notice. 

Affidavit deemed SECTION 2. Au affidavit of the petitioner, or his attorney, 

dencr'o'f pubuca- that hc has given, or caused to be given, notice as required 

*'°°- in the preceding section, containing a copy of such notice, 

made and filed in said court, shall be deemed and taken as 

prima facie evidence that such notice has been duly given. 

Repeal. SECTION 3. All acts and parts of acts inconsistent with 

this act are hereby repealed. Approved May 13, 1864. 

Chap. 266 -^^ -^^"^ ^^ addition to an act to incorporate the boston and 

CHELSEA RAILROAD COMPANY. 

Be it enacted, §'c., as follows : 
Repeal ofiimita- SECTION Ir So much of the act entitled an act to incor- 
porate the Boston and Chelsea Railroad Company, passed in 
^tlie year eighteen hundred and fifty-four, as provides that 
'the rate of compensation for transporting persons or property 
shall not exceed five cents for each passenger, is hereby 
Mayor and alder- repealed : pwvided, that the rates of fare upon said railroad 
'"" ' shall never exceed five cents for each passage, unless with 
the assent of the mayor and aldermen of the city of Chelsea. 
Section 2. This act shall take effect upon its passage. 

Approved May 13, 1864. 

Chap. 267 -^ ■^^'^ '^*^ authorize the new BEDFORD AND TAUNTON RAILROAD 
■^' CORPORATION TO EXTEND ITS TRACK. 

Be it enacted, Sfc, as fallows : 

Authority SECTION 1. The Ncw Bedford and Taunton Railroad 

granted. Corpoi'atioii is hereby authorized to construct, maintain and 

Location. Operate a railway from- a point on its road in the village of 

Fairhaven, commencing at a point on said road between 

Laurel and Fort Streets, thence curving in a south-westerly 

directiou to Fort Street ; thence southerly along said street 



tion of rate of 
fare 



men of Chelsea 
to approve any 
increase. 



1864.— Chapter 268. 247 

to the Rodman Wharf, so called, for the transportation of 
merchandise to and from said wharf: pi'onided, said company Proviso. 
shall not lay their rails along said street except with the 
consent of the selectmen of the town of Fairhaven and under 
their direction ; and the use of said track shall be subject to 
all the laws which regulate the use of street railways. 
Section 2. This act shall take effect upon its passage. 

Approved Maij 13, 1864. 

An Act for surPLViNG the city of salem with pure water. (JJi(jn^ 268 

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

Section 1. The city of Salem, for the purpose of sup- cuyofSaiem 
plying the inhabitants thereof with pure water, is hereby wateMandwate?- 
authorized to take, hold and convey to, into and through ufmandBlvrriy. 
said city, the waters of Wenham Pond, so called, 'in the 
towns of Wenham and Beverly, and the waters which flow 
into and from tlie same, and any water-rights connected 
therewith ; and may take and hold by purchase or otherwise, Marginal and 
such land on and around the margin of said pond, not °"^"^*°'^^- 
exceeding five rods in width, as may be necessary for the 
preservation and purity of said waters; and may also take 
and hold, in like manner, such lands as may be necessary 
for erecting and maintaining dams and reservoirs, and for 
laying and maintaining conduits, pipes, drains and other 
works, for collecting, conducting and distributing said 
waters through said city. 

Section 2. Said city for the purpose aforesaid, may May take certain 
take, hold and convey to, into and through said city, the Hght^iirsJu't" • 
waters of Bi-own's Pond and Mineral Spring Pond, so called, s^\"^"''°'* 
in the town of South Danvers and city of Salem, and the' 
waters which flow into and from the same, and any other ' 

ponds, streams, ibuntains or springs within a distance of five 
rods from said Mineral Spring Pond, or upon the grounds 
of the proprietors of the Salem and Danvers aqueduct, and 
all water-rights connected therewith, and may take and liold, 
by purchase or otherwise, such land on and around the 
margin of the ponds and water-sources afoi'esaid, or not 
more than five hundred feet distant therefrom, as may be 
necessary for the preservation and purity of said waters; 
and may also take and hold, in like manner, such land as Land necessary 
may be necessary for erecting and maintaining dams and !iTn"rres'""oirs, 
reservoirs, and for laying and maintaining conduits, pipes, *^"=- 
drains and other works, for collecting, conducting and 
distributing said waters through said city. If said city takes Franchise of 
the ponds or other water-sources mentioned in this section, Tern<iuedu"t"' 
it shall also take, by purchase or otherwise, all the franchise, 



248 



1864.— Chapter 268. 



Mayor shall file 
descrip.tion of 
lands taken. 



City may build 
and maintain 
aqueducts. 



Dams, reservoirs, 
fountaius and 
hydrants. 



Extecslon of 
pipes. 



City may lay 
pipes in streets. 



Streets taken' up 
beyond limits of 
city, selectmen of 
town to direct. 



Public safety and 
convenieDce as- 
sured. 



Indemnity 1 
towns. 



riglits and property of the proprietors of the Salem and 
Daiivers aqueduct. 

Section 3. The mayor of said city, within sixty days 
after the taking of any of the lands or water-sources afore- 
said, shall file in the registry of deeds for the county of 
Essex, a description thereof, sufficiently accurate for identi- 
fying the same. 

Section 4. Said city for the purposes aforesaid, may 
build aqueducts from any of the aforesaid sources, and 
maintain the same by any works suitable therefor; may con- 
nect any or all of said sources with each other ; may provide 
and maintain suitable machinery for raising the water above 
the source of supply; may erect such structures as are 
necessary for preserving the works ; may erect and maintain 
dams ; .may make and maintain suitable reservoirs ; may 
make and establish such pubHc fountains and hydrants, as 
are, from time to time deemed proper, and may change or 
discontinue tlie same; may distribute the water throughout 
said city : may regulate the use of the water within and 
without said city, and establish the rates to be paid therefor. 
Said city may also, for the purposes aforesaid, carry its pipes 
and other works over or under any water-course, street, 
railroad, highway or other way in such manner as not to 
obstruct the same ; and may enter upon and dig up such 
road, street or way, for the purpose of laying down, main- 
taining and repairing its pipes and other works, and may do 
any other acts or things necessary and proper in executing 
the purposes of this act. 

Section 5. If said city enters upon and digs up, for the 
•purposes aforesaid, any road, street or way without its own 
limits, it shall do the same under the direction of the select- 
men of the town in wliich such road, street or way is located, 
and shall restore such road, street or way to as good order 
and condition as it was in before such digging was commenced; 
and the work shall be done in such manner, and with such 
care, as not to render any road, street or way, in which said 
pipes are laid, unsafe or unnecessarily inconvenient to the 
pulilic travel thereon. Said city shall at all times save 
harmless and indemnify any town wliich is liable to keep in 
repair any road, street or way aforesaid, against all damages 
which may be recovered against it and shall reimburse to 
it all expenses which it shall reasonably incur, by reason of 
any defect or want of repair in such road, street or way 
caused by the maintenance, repairing or replacing of said 
pipes, or by reason of any injury to persons or property 
caused by any defect or want of repair in said pipes : pro- 



\ 



1864.— Chapter 268. ' 249 

vided, said city lias notice of any claim or suit for such Proviso, 
damage or injury, and an opportunity to assume the defence 
thereof. 

Section 6. Any town under whose roads, streets or wavs, Towns may re- 

.,., .."^ ,, .. . -, quire insertion of 

said city lays its aqueduct or mam pipe, may require said hyurauts in 
city to insert therein proper hydrants, at points not less than streets taiien up. 
five hundred feet apart, to be used for the purpose of extin- 
guishing fires, and for no other purpose. The expense Expense. 
of inserting said hydrants and keeping the same in repair, 
shall be paid by such town. 

Section 7. Three commissioners shall be appointed by city council shaii 
the city council, by joint ballot of both branches thereof, ^Ks';'"'"'"''" 
who shall, during their continuance in office, execute, Duties of com- 
superintend and direct the performance of all the works, ^'^^""""^^■ 
matters and things mentioned in the preceding sections, 
"which are not otherwise specifically provided for in this act ; 
and shall be subject to such ordinances, rules and regulations, 
in the execution of their said trust," as the city council may, 
from time to time, ordain and establish, not inconsistent 
with the provisions of law. They shall respectively hold Terms of office. 
office for the term of three years next after their appoint- 
ment, unless the works aforesaid are sooner completed, but 
they or either of them, after having had an opportunity to 
be heard in defence, may be removed at any time by a uemovai. 
concurrent vote of two-thirds of each branch of the city 
council ; and in case of a vacancy in the board of commis- vacancies, 
sioners, by death, resignation or removal, such vacancy 
shall be filled by the appointment of another commissioner, 
who shall hold his office for the residue of the said term of 
three years, with all the powers and under all the restric- 
tions aforesaid. A major part of said commissioners shall Quorum. 
be a quorum for the exercise of the powers and the perform- 
ance of the duties of the said office. They shall, once in Report to be 
six months, and whenever required by the city council, '*'"''■''"""'''• 
make and present in writing a particular report and state- 
ment of all their acts and proceedings, and of the condition 
and progress of the works aforesaid. 

Sections. The city council, before the appointment of s.iiariesofcom- 
said commissioners, shall establish and fix the salaries or ™'**"'°*"- 
compensation to be paid them for their services, which shall 
not be reduced during their continuance respectively in said 
office. 

Section 9. Whenever the office of said commissioners upon expiration 

shall cease, either by the expiration of said term of three poweTanfau- 

years from the original appointment, or l)y the completion "''' '" '■"'' '" 

of the works aforesaid, all the rights, powers and authority 

32 



250 



1864.— Chapter 268. 



Liability of city 
for land and 
water damages, 



paid on disagree- 
ment 



Applications for 
assessments of 
damages, when 
to be made. 



City may issue 
water scrip. 



given to the city of Salem by this act, shall be exercised by 
said city, subject to all duties, liabilities and restrictions 
herein contained, in such manner, and by such agents, 
officers and servants, as the city council shall, from time to 
time, ordain, appoint and direct. 

Section 10. Said city shall be liable to pay all damages 
sustained by any persons or corporations, by the taking of 

"^ any land, water, water-rights, franchises or property, or by 

the constructing of any aqueducts, reservoirs or other 

How assessed and works, for tlic purposcs aforcsaid. If any person or corpo- 
ration, sustaining damage as aforesaid, cannot agree with 
said commissioners upon the amount of said damages, he 
may have them assessed and paid in the same manner, as is 
provided by law, with respect to land taken for highways. 

Section 11. No application shall be made to the county 
commissioners for the assessment of damages for the taking 
of any water-rights, until the water is actually withdrawn or 
diverted by said city. 'Any person or corporation whose 
Water-rights are thus taken or affected may apply as afore- 
said at any time within one year from the time when the 
water is first actually withdrawn or diverted. 

Section 12. For the purpose of defraying the cost of such 
franchises, property, lands, water and water-rights, as are 
taken, purchased or lield, for the purposes aforesaid, and of 
constructing the works, necessary and proper, for tiie accom- 
plishment of said purposes, and paying all expenses incident 
thereto, the city council shall have authority to issue scrip, 
bonds, or certificates of debt, to be denominated on the face 
thereof, " City of Salem Water Loan," to an amount not 
exceeding in the whole, the sum of five hundred thousand 
dollars, bearing interest at a rate not exceeding six per cent, 
per annum, said interest to be payable semi-annually, and 
the principal to be payable at periods not more than fifty 
years from the time of issuing said scrip, notes, bonds or 
certificates respectively. Said city council may sell the 
same, or any part there9f, from time to time, or pledge the 
same for money borrowed for the purposes aforesaid ; but 
the same shall not be sold or pledged at less than the par 
value thereof. 

Section 13. The city council shall establish such price or 
rents to be paid for the use of the water, as to provide annu- 
ally, if practicable, from the net income and receipts therefor, 
for the payment of the interest, and not less than one per 
cent, of the principal of the " City of Salem Water Loan " 
and shall determine the manner of collecting the same. The 
Sinking Fund, uct surplus iucoiue and receipts, after deducting all expenses 



Amount. 
Interest. 



May seU or 
pledge. 



Water rents, ap- 
plication for pay- 
ment of principal 
and interest. 



1864.— Chapter 268. 251 

and charo;es of distribution, shall be set apart as a sinking 
fund, and applied solely to the payment of the principal and 
interest of said loan, until the same is fully paid and dis- 
charged. The mayor, city treasurer, and president of the Trustees of fund. 
common council, for tiie time being, shall be trustees of said 
fund, and shall, whenever required by the city council, 
render an account of all their doings in relation thereto. 

Section 14. The occupant of any tenement shall be liable occupant of tene- 
for the payment of the rent for the use of the water in such wat«r reiu'.'' *°'' 
tenement ; and the owner thereof shall be also liable, if on owner's liawuty. 
being notified of such use, he does not object thereto. 

Section 15. If said city takes the water from the sources Locatioa of main 
mentioned in the first section of this act, it shall lay its ^''"'■ 
aqueduct or main pipe for conducting the same to said city, 
by some convenient route through the town of Beverly. 
The inhabitants of any town upon the line of the works use of water by 
authorized by this act, upon the application of its board of ^°o"^g °" ^'"* °^ 
selectmen, shall be entitled to the reasonable use of the 
water, upon paying an equitable compensation therefor; 
which, in case of difference, shall be determined by three 
commissioners, to be appointed by the supreme judicial 
court, upon application of either party, and notice to the 
other ; wliose award when accepted by said court, shall be 
binding upon the parties for the term of five years. 

Section 16. If any person shall use any of the said water, niegaiusecr 
either within or without said city, without the consent of '^'''"' 
said city, an action of tort may be maintained by said city 
for the recovery of the damage sustained : provided^ that Provisos. 
nothing herein contained shall be construed to prevent the 
abutters on Wenham Pond from entering thereon during 
the winter season, with men and horses and the proper 
implements, for the purpose of preparing, cutting and 
securing ice, in the manner heretofore practised ; and 
provided^ also, that if said city takes the water from the 
sources mentioned in the second section of this act, it shall 
allow to the owners and occupants of the manufacturing 
establishments on Goldthwait's Brook, in South Danvers, the 
same supply of water for manufacturing and other purposes 
from said sources which they now have ; and the rights 
conferred on said city, by this act, shall not be so exercised 
as to impair or injure the water-rights and privileges of the 
owners and occupants aforesaid, as the same now arc and 
heretofore have l)cen used and enjoyed. 

Spxtion 17. Whoever wantonly or maliciously diverts ronaityforma-- 
the water, or any part thereof, of any of the ponds, springs, "rlTriS^r 
streams or sources of water, taken or held by said city, uou"of"work's'"'' 



252 



1864.— Chapter 269. 



City may pur- 
chase and con- 
nect with Salem 
and Danvers 
aqueduct. 



Act Toid unless 
approved by 



Capacity and suf- 
ficiency of water 
sources to be 

tested. 

Shall be deter- 
mined by joint 
ballot of council. 



pursuant to the provisions of this act, or corrupts tlie same, 
or renders it impure, or destroys or injures any dam, aque- 
duct, pipe, conduit, hydrant, machinery or other works or 
property, held, owned or used, by said city, under the 
autliority and for the purposes of this act, shall forfeit and 
pay to said city, three times the amount of the damages 
assessed therefor, to be recovered in an action of tort ; and 
on conviction of either of the wanton or malicious acts 
aforesaid, may also be punished by fine, not exceeding three 
hundred dollars, or by imprisonment, not exceeding one 
year. 

Section 18. Said city is hereby authorized to purchase 
all the franchise, rights and property of the proprietors of 
the Salem and Danvers aqueduct, and may, by any conven- 
ient mode, connect the sources and works so purchased with 
its other sources and works. 

Section 19. This act shall be void, unless submitted to, 
and approved by, a majority of the voters of said city pres- 
ent and voting, at meetings held simultaneously for the 
purpose, in the several wards, on the first Monday of 
December next, upon notice duly given, at least seven days 
before the time of holding said meetings. 

Section 20. The city council shall cause careful investi- 
gations to be made by skilful engineers, as to the capacity 
and sufficiency of the sources mentioned in the first and 
second sections of this act respectively ; and shall by joint 
ballot, at least fourteen days before said first Monday of 
December, determine the source or sources, from which, in 
the event of the acceptance of this act, said city shall take 
the water; and shall, forthwith, notify the inhabitants of 
said city of its decision, by publication in the newspapers of 
said city. In the event of the acceptance of this act, said 
city shall take the water only from the sources so deter- 
mined upon by tiie city council. 

Section 21. This act shall take effect upon its passage. 

Approved May 13, 1864. 



Chap. 269 An Act 



REPEAL AN ACT RELATING TO AN ANNUAL ABSTRACT 
OF PUBLIC DOCUMENTS AND REPORTS. 

Be it enacted, §'c., as follows : 
Repeal. Chapter two hundred and thirty-nine of the acts of the 

year eighteen hundred and sixty-three is hereby repealed. 

Approved May 13, 18G4. 



1864— Chapters 270, 271. 253 

Ax Act kelating to the salary of the jailer and to jail Chap. 270 

FEES IN THE COUNTY OF SUFFOLK. 

Be it enacted, ^'c, as/ollotcs: 

SectiOx\ 1. The twenty-second section of the one hiin- ^™^°g^j^^°* 
dred and seventy-eighth chapter of the General Statutes is 
hereby amended by striking out the words therein " except 
in the county of Suffolk." 

Section 2. The fiftli section of the one hundred and 
fifty-seventh chapter of the General Statutes is hereby 
repealed. Approved May 13, 186i. 

Ax Act ix further addition to "an act for supplying the Chap. 271 

CITY of BOSTON WITH PURE WATER." 

Be it enacted, ^"c, as follows : 

Section 1. The city of Boston, shall have the right to city may main- 
maintain its water pipes, as the same are now laid, in the mliid^im^and 
milldanl and other lands of the Commonwealth in and °''^^''''°'^'- 
near said city, subject to the provisions of this act : provided., ProTisos. 
that any person, whose property is injured thereby, shall 
have his damages ascertained and paid in the manner 
provided in the several acts to which this is in addition ; and 
prodded, further, that if, at any time hei'cafter, the legisla- 
ture shall order a draw to be made through the said milldam, 
or other lands on the line of said pipes, for the purposes of 
navigation, the city of Boston shall so adapt its said pipes, 
at the locality of the draw, as not to interfere with a free 
passage of boats and vessels through such draw. 

Section 2. Said city may enter upon' and dig up the city may enter 

1 • • -, .,11 •' 1 ,1 1 1 1 c aud dig up lands. 

ground m said miUdam and other lands, when necessary lor 
the purpose of rc])airing or ref)lacing said pipes: provided, vioyiso. 
however, that said milldam and lands shall be restored by 
said city to as good order and condition as the same are in 
before such digging is commenced ; and that the work shall 
be done, in such manner and with such care, as not to 
render any road, street or way, in which said pipes are laid, 
iirtsafe or unnecessarily inconvenient to the public travel 
thereon. 

Section 3. The city of Boston shall at all times save Tndcmnity to 
harmless and indemnify the Commonwealth, and any city and'town7from 
or town which may become liable to keep in repair any road, ^^""'rb/dtfects 
street or way aforesaid, against all damages which may be inhiguwajs. 
recovered against tiicm respectively, and shall reimburse to 
them respectively all expenses which they shall reasonably 
incur by reason of any defect or want of repair in such road, 
street or way, caused by the maintenance, repairing or 
replacing of said pipes, or by reason of any injury to persons 



254 



1864.— Chapters 272, 273. 



Chap. 272 

Corrorators. 



Name. 
Purpose. 



Powers and du- 
ties. 



Use and improve- 
ment of premises. 



Depot and ware- 
houses. 



Capital stock. 



Act, how con- 
strued. 



Chai). 273 



Seining forbidden 
except with con- 
sent of selectmen. 



or property caused by any defect or want of repair in said 
pipes : provided that said city shall have due and seasonable 
notice of all claims for such damages or injury, and oppor- 
tunity to make a legal defence thereto. 

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

Approved Maij 13, 1864. 

An Act to incorporate the grand junction wharf company. 
Be il enacted, ^'c, as follows : 

Section 1. Franklin Haven, John M. Pinkerton, Caleb 
C. Gilbert, Ichabod Goodwin, "William Brigham, their asso- 
ciates and successors, are hereby made a corporation by the 
name of the Grand Junction Wharf Company, with power 
to purchase and hold the whole or any part of tiie real estate, 
with the privileges and appurtenances thereto belonging, 
situated in East Boston, and lying southerly of the Eastern 
Railroad, south-westerly of Marginal Street, and northerly of 
the estate formerly of Edwards, Holman and Company ; 
with all the powers and privileges, and subject to all the 
duties, liabilities and restrictions set forth in the general 
laws which are or may be in force relating to such corpo- 
rations. 

Section 2. Said corporation may use, improve and 
manage the premises aforesaid ; may erect warehouses and 
other buildings thereon, and contract with any person or 
corporation for depot and warehouse accommodations, and 
for the transportation of merchandise for storage and 
wharfage thereon ; may mortgage, lease, sell and convey 
said premises, or any part thereof; may construct and 
maintain wharves and docks upon and adjacent to said 
premises, and lay vessels thereat, and receive wharfage and 
dockage therefor : provided, however, that nothing herein 
contained shall be deemed to authorize the building of any 
wharf or dock not now authorized by law. 

Section 3. The capital stock of said corporation shall not 
exceed five hundred thousand dollars, and shall be divided 
into shares of one hundred dollars each. Said corporation 
may hold such real and personal property as may be neces- 
sary or convenient for the purposes set forth in this act. 

Section 4. Notliing in this act contained shall be so 
construed as to impair or affect the existing liabilities or 
remedies of any person or corporation. Approved May 13, 1864. 

An Act to restrict the seining of fish in the harbor of marion. 
Be it enacted, §'c., as follows : 

Section 1. No person shall set, draw or use, any seine or 
net, for taking fish, in the harbor of Marion, or in the 



1864.— Chapters 274, 275, 276. 255 

streams running into said harbor, within a line drawn from 
Charles Neck Point, on the westerly side of said harbor, to 
Great Neck Point, on the easterly side of said harbor, without 
the permission of the selectmen of Marion. 

Section 2. Any person violating this act shall, on ,^^j",,*^'y ^""^ ^'•'' 
conviction, pay a fine of not less than twenty nor more than 
fifty dollars, to be recovered before any court competent to 
try the same, for the use of said town. 

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

Approved May 13, 1864. 
An Act to allow officers compensation for the use of a Chap. 274 

HORSE AND CARRIAGE IN THE SERVICE OF CIVIL PROCESS. 

Be it enacted, §'c., as follows : 

Section 1. Whenever it shall be necessary for any officer, Auowance. 
in the service of civil process, to use a horse and carriage, 
he shall be allowed therefor twelve cents a mile, to be 
computed one way : provided, that unless the distance for Proviso. 
which such conveyance is actually and necessarily used 
exceeds two miles one way, there shall be no allowance 
therefor ; and provided, further, that no officer shall be 
allowed for such use a greater distance than twenty miles. 

Section 2. No allowance shall be made under this act, omcer to certify 
unless the officer shall certify that it was necessary for him ^^'^'^^"^^^ ■ 
to use a horse and carnage, and that he actually used such 
conveyance the distance set forth in his certificate. 

Section 3. If an officer makes a false certificate in any Penalty for mak- 
such case, he shall forfeit and pay thirty dollars for each c"ate''"' '''""" 
offence, to be recovered l)y comi)laint or indictment, to the 
use of the Commonwer.lth : provided, that such prosecution 
is commenced within two years after tlie offence is committed. 

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

Approved May 13, 18G4. 

An Act in further addition to " an act to establish the 
city op newburyport." 

Be it enacted, cVc, as follows: 

Nothing contained in an act entitled " An Act in addition Tcrmofofficeof 
to an act to establish the city of Newburyport," passed in ll'oTXt'd""'''' 
the year eighteen hundred and sixty-four, shall be so 
construed as to affect in any way the term of office of the 
present aldermen of said city. Approved May 13, 1804. 

An Act concerning the estates of married women held in Chap 276 

TRUST. -' ' "^ 

Be it enacted, ^'c, as follows: 

A married woman may devise any income whicli has been woman may ae- 
by her received and invested from property held in trust for ^'''»'""^"""'- 



Chaj). 275 



256 



1864.— Chapters 277, 278, 279. 



her benefit, under any deed, will or appointment of court, 
to be, with the accumulations thereof, so conveyed and 
transferred that the same may be held upon the same trusts 
as are declared in said deed, will or appointment. 

Approved May 13, 18G4. 



Chap. 211 -A^N Act relating to insurance companies and to the officers 
"' and agents thereof. 

Be it enacted, ^'c, as follows: 

Section 1. No insurance company incorporated in this 
Commonwealth shall issue any policy for a period extending 
beyond tiie time for which it was incorporated, unless its 
act of incorporation has been renewed, extended or continued, 
and then not exceeding the time of such renewal, extension 
or continuance. 

Section 2. Any president, vice-president, director, secre- 
tary or other officer or agent, of any insurance company, 
who shall issue or assent to the issuing, of any policy, 
contrary to the provisions of tiiis act, shall, upon conviction 
thereof, be punished by a fine not exceeding five hundred 
dollars, and siiall be liable in an action of tort to the holder 
of any such policy, for any damage he may suffer or sustain 
by reason of the issuing of the same. 

Section 3. This act shall not take effect until one year 
after its passage. Approved May U, 1864. 



Policy to expire 
witli charter of 
company. 



Penalty upon 
ofiBcer for issue 
of policy contrary 
to first section. 



Act, when in 
force. 



Chap. 278 



Acts between 
March 10, "62 
and passage of 
act confirmed. 



An Act to confirm certain acts of .john s. hollingshead, 

AS a commissioner of deeds. 
Be it enacted, Sj'c, as follows : 

Section 1. All acts done by John S. Hollingshead, in 
the District of Columbia, as a commissioner of deeds for the 
Commonwealth of Massachusetts in the district aforesaid, 
between the tenth day of March in the year one thousand 
eight hundred and sixty-two and the day of the passage of 
this act, siiall be, and the same are hereby made valid and 
confirmed to the same extent as they would have been valid 
had he filed in the office of the secretary of the Common- 
wealth an impression of his official seal and his oath of office 
and signature. 

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

Approved May 13, 1864. 

Chap. 279 ^^ -^^t to provide returns for the valuation committee. 

Be it enacted, cVc, as follows : 
Abstract returns Section 1. Tlic trcasurcr of tlic Commouwealtli shall 
rat^ions to beTur- print, for tiic usc of tlic valuatioii committee, an abstract 
tefby tTe^urer ^'^^^^ ^lic rcturiis madc to him, under au act entitled " An Act 



1864.— Chapter 280. ^ 257 

levying a tax upon certain corporations," containing the "^g^"^"""- 
names of all corporations and banking associations having 
stock owned in any city or town in the Commonwealth ; also 
the excess of the market value of all the capital stock of 
each corporation and banking association taxed by said act, 
over the value of its real estate and machinery ; also the 
whole number of shares of such corporations and associa- 
tions, and the number of shares owned in this Commonwealth, 
specifying the number of shares owned in each city and 
town by other parties than insurance companies, savings 
banks and institutions for savings. 

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

Approved May 14, 1864. 



Cha27. 280 



An Act relating to the compensation of county commission- 

eks, and concerning county finances. 
Be it enacted, cVc, as follows: 

Section 1. The salaries provided for the county commis- salaries estab- 
sioners of the several counties, by chapter one hundred and iseotobeTnfuii. 
eighty-five of the acts of the year eighteen hundred and 
sixty, shall hereafter be taken to be in full payment for all 
services rendered, travel performed and expenses incurred 
by the county commissioners and special commissioners of 
the counties respectively; the special commissioners to be 
paid three dollars each, per day, and ten cents a mile travel 
each way, and the balance thereof to be divided among the 
county commissioners, in proportion to the services rendered, 
the travel performed and the expenses incurred by each ; 
and no other or additional compensation shall be paid them, 
for any service performed by them for their respective coun- 
ties. 

Section 2. The treasurer of each county, except the county treasur- 
county of Suffolk, shall collect, receive and safely keep, all fofk^Treceive" 
moneys due and belonging to the county, from whatever *""* '"'^'"°"^^''" 
sources derived, and shall pay out the same in accordance 
with existing laws ; but no payment shall be made without 
a good and sufficient receipt or voucher, in which shall be vouohcrs re- 
stated in detail the items of the debt or claim paid ; and all '^""^'' ' 
such vouchers shall be safely filed and kept by the treasurer, 
so as to be accessible for subsequent reference. No money commissioners 
shall be paid by the treasurer to the county or special com- '"'^^'"^''^''^^■ 
missioners, to be by them disbursed in behalf of the county. 

Si:c.ti()N 3. The treasurer shall keep a full and accurate Trev-urera ac- 
account, stating the time when, from whom, and on wliat*""""* 
account, money is received, and in like manner the time 
when, to whom and on what account payments are made. 

.'33 



258 



1864.— Chapters 281, 282. 



Section 4. No payments, except costs in criminal prose- 
cutions, the expenses of the courts, and the compensation or 
salaries of county officers established by law, and in liquida- 
tion of outstanding notes or bonds, and the payment of 
interest thereon, shall be made by the treasurer, except upon 
orders drawn by the county commissioners, a record of 
which shall be kept by their clerk. The bills or evidences 
of county indebtedness, for which payment is ordered, shall 
be delivered with the order to the treasurer, to be by him 
filed and kept, as provided in the second section of this act. 

Section 5. The board of examiners of the respective 
counties shall, at least twice a year, in the months of June 
and December, and oftener if in their judgment circum- 
stances require it, make a full and thorough inspection of 
all matters relating to the county finances, comparing the 
accounts and vouchers of the treasurer with the records of 
the commissioners, and if the same are found to be correct, 
they shall so certify upon the books of the treasurer. 

Section 6. At the close of each year, the commissioners 
and the treasurer shall make a particular statement of the 
receipts and expenditures of their several counties, except 
costs of criminal prosecutions, and expenses of courts, which 
may be embraced iu a general statement, the correctness of 
which statements shall be certified by the board of examiners ; 
and when so certified, the treasurer shall cause such state- 
ment to be published in a form suitable for distribution, and 
in sufficient numbers to furnish a copy for every three 
hundred inhabitants of the county, and shall cause the same 
to be transmitted in proper proportions to the clerk of each 
city and town of the county. 
Kepeai. SECTION 7. All acts and parts of acts inconsistent with 

this act, are hereby repealed. Approved May 14, 1864. 

C7irtW.281 Ax Act to establish the salary of the clerk of the police 

COURT OF WORCESTER. 

Be it enacted, §'c., as follows : 
Salary estab- The auuual Salary of the clerk of the police court of 

Worcester shall be nine hundred dollars from and after the 
first day of April last. Approved May 14, 1864. 



Payments to be 
made upon or- 
ders of coinmis- 
siouers. 



Accounts of in- 
debtedness to b 
filed. 



Board of exam- 
iners to inspect 
Semi-annually, 
and certify. 



Commissioners 
and treasurer 
shall make anni 
al statement. 



Treasurer shall 
publish and dis- 
tribute same. 



Chap. 



Cost of volumes 
published alter 
Jan. 1, 'e4. 



2^2 -^^ ^^'^ ^^ ADDITION TO AN ACT RESPECTING THE PURCHASE AND 
DISTRIBUTION OP THE REPORTS OF CASES ARGUED AND DETER- 
MINED IN THE SUPREME JUDICIAL COURT. 

Be it enacted, §'c., as follows: 

Chapter two hundred and sixty-five of the acts of eighteen 
hundred and fifty-nine, is so far amended in the first and 
second sections as to provide that the reports therein named, 



1864.-— Chapter 283. 259 

published after the first day of January in the year eighteen 
hundred and sixty-four, may be purchased at the cost not 
exceeding three dollars and fifty cents per volume. 

Approved May 14, 1864. 

Ax Act ceding jurisdictiox to the united states over certain Chap. 283 

LANDS IN MALDEN. 

Be it enacted, ^'c, as follorcs : • 

Section 1. Jurisdiction is hereby granted and ceded to .Tnri^diction 
the United States of America over all that certain lot or ''^ *" ' 
tract of land, with the buildings thereon, situate in the town Location of 
of Maiden, in this Commonwealth, bounded westerly on 
"Webster Street, southerly on land now or late of Webster 
and Company and of the Edgeworth Company, easterly on 
the Maiden Canal, and northerly on Medford Street, contain- 
ing about two hundred and eighty-five thousand square feet, 
more or less ; and over a certain other strip of land, thirty 
feet wide by about three hundred feet long, extending from 
the above described parcel of land westerly to the Boston 
and Maine Railroad; and consent is hereby given to the consent to pur- 
purchase of the same for the United States for a naval and IIL restrictions 
military ordnance yard and depot, but not -to be used for the 
manufacture or storage of gunpowder, gun cotton, cart- 
ridges, loaded shells, or any other similar explosive material, 
that may endanger the adjoining estates : provided, always, Provisos. 
that tliis Commonwealth shall retain and does retain con- 
current jurisdiction with the United States in and over all 
the land aforesaid, so far as that all civil and all criminal 
processes, issuing under the authority of this Commonwealth, 
may be executed on said lands, and in any buildings thereon, 
or to be erected thereon, in the same way and manner as if 
jurisdiction had not been granted as aforesaid; Q.nd provided, 
that the exclusive jurisdiction shall revert to and revest in 
the Commonwealth of Massachusetts whenever the said land 
shall cease to be used for the sole purpose herein before 
declared ; and provided, also, that tlie jurisdiction of the 
United States shall not include any part of the streets or 
canal on which the said lands arc bounded, or any part of 
the river included in said premises, if the said streets or 
canal, or the said part of said river, are public highways. 

Section 2. This act shall be void unless a suitable plan Act voia unless 
of the premises, or such portion or portions thereof as may lecretlTry!'^ ' "'"' 
be purchased l)y the United States, shall be made and filed 
by the United States, in the office of the secretary of this 
Commonwealth, within one year from the purchase of the 
land by the United States. 



260 1864.— Chapter 284. 

Act, when in SECTION 3. Tliis act slmll take effect from and after the 

""*' purchase of such lands, or of any portion or portions thereof, 

by the United States, the evidence of such purchase being 

duly recorded in the registry of deeds for the county of 

Middlesex. Approved May 14, 1864. 

Chap. 284 An Act in addition to an act incorporating the salem and 

SOUTH DANVERS RAILROtVD COMPANY. 

Be it enacted, ^'c, as follows : 

May extend road Section 1. The Salcm and South Danvers Railroad 
and swamp*'s''cott. Compauy is hereby authorized to extend its railway with 
convenient single and double tracks from such point or 
points and on such streets and highways in the city of 
Salem as shall from time to time be fixed and determined 
by the board of aldermen of said city to the lines of the 
towns of Marblehead and Swampscott and thence into said 
towns, upon and over such streets and highways as shall 
from time to time be fixed and determined by the selectmen 
Proviso. thereof: provided, however, that the tracks of said company 

shall be extended into said towns before the first of January 
in the year one thousand eight hundred and sixty-five. 
May extend road SECTION 2. Said corporatiou is further authorized to 
into Lynn. extcnd its railway with convenient single or double tracks 
from such point or points and over such streets and high- 
ways in the city of Salem and the town of South Danvers, 
as shall from time to time be fixed and determined by the 
board of aldermen of said city and the selectmen of said 
town, respectively, to the line of the city of Lynn and thence 
into the city of Lynn, over such streets and highways as 
may from time to time be designated by the board of alder- 
men of said city and assented to in writing by the Lynn and 
Boston Railroad Company, filed with said board. 
May extend road SECTION 3. Said corporatiou is further authorized to 
south^Danvtrs^ cxtcud its railway with convenient single or double tracks 
upon and over such streets and highways in the towns of 
Danvers and South Danvers, as may be from time to time 
fixed and determined by the selectmen thereof. 

Section 4. Said corporation as regards the extension 

hereby authorized, and the rights hereby granted, shall be 

subject to the provisions of all general laws which are, or 

may be, in force relating to street railway corporations ; and 

Act void unless tliis act shall be void unless the same is accepted as provided 

accepted, &c. j ^^ ^^^^ |j^ regard to acts incorporating street railway 

corporations. 
May increase SECTION 5. Tlic Said corporatiou is hereby authorized to 

capital stock. increase its Capital stock by adding thereto an amount 



1864.— Chapters 285, 286. ' 261 

corresponding to the cost of such extension or extensions 
not exceeding the rate of fifteen thousand dollars per mile 
for single track including paving : provided, that tlie aggre- Proviso, 
gate increase of capital stock hereby authorized shall be 
limited to two hundred and fifty thousand dollars. 

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

Approved May 14, 1864. 

Ax Act to ixcorporate the'eastern marixe railway compaxy Chop. 285 

IX provixcetowx. 
Be it enacted, ^-c, asfolloios: 

Section 1. Epaphras K. Cook, Ephraim Cook, Ebenezer corporators. 
Cook, their associates and successors, are hereby made a 
corporation, in the town of Provincetown, by the name of 
the Eastern Marine Railway Company, with allthe powers Name, 
and privileges, and subject to all the duties, liabilities and Powers ana du- 
restrictions, set forth in the general laws, which are, or may *'^'' 
be in force relating to such corporations. 

Section 2. Said corporation is hereby authorized to Maybuiwand 
build and maintain a marine railway in the harbor of said niUwly?n'prov"-^ 
town of Provincetown, at the wharf of E. and E. K. Cook, i^cetoWn. 
in said town, and to extend the same into said harbor, a 
distance of not more than one hundred feet below low-water 
mark : provided, lunvever, that nothing in this act contained Proviso, 
shall be so construed as to impair the legal rights of any 
person or corporation. 

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

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

Approved May 14, 1864. 



Chap. 286 



Ax Act to coxfirm acts doxe by trial justices who have not 

taken the qualifying oaths. 
Be it enacted, Sfc, as follows: 

Section 1. The acts of any person heretofore designated Acts conflrmed. 
and commissioned as a trial justice in tliis Commonwealth, 
who lias not been duly qualified, are hereby made valid and 
confirmed to the same extent as they would have been valid, 
had lie been duly qualified to discharge the duties of said 
oflice. 

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

Approved May 14, 18G4. 



262 



1864.— Chapters 287, 288. 



Chap. 287 -^^ Act in relation to resolves. 

Be it enacted, ^'c, as follows: 
When in force. SECTION 1. All resolvGs passed by the legislature shall 

take effect upon their passage, unless otherwise specially 

provided. 

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

Approved May 14, 1864. 

Chap. 288 An Act relating to insane persons and lunatic hospitals. 
Be it enacted, Sj-c, as follows : 

Section 1. On petition, under oath, to any judge of the 
supreme judicial court, setting forth that the petitioner 
believes that some person, confined as insane in any hospital 
or other authorized place for the treatment or restraint of 
insane persons, is not insane, and is unjustly deprived of his 
liberty, the said judge may, in his discretion, appoint three 
commissioners to inquire into the alleged insanity of the 
person so confined. 

Section 2. Before said commissioners shall proceed vrith 
their inquiry, tliey shall be sworn to the faithful and impar- 
tial discharge of their duties. They shall give sufficient 
notice of their appointment, and of the time and place of 
hearing to the petitioner and to the person having charge of 
the hospital or place of confinement. They shall have power 
to summon and compel the attendance of, and to administer 
oaths to, witnesses ; and it shall be their duty to hear the 
evidence offered to them on either side, touching the merits 
of the petition, as well as to examine the person confined. 

Section 3. No notice shall be served upon the person 
confined as insane, nor shall he have the right to confer 
with counsel, or be present at the inquiry ; but such rights 
shall be enjoyed by the petitioner, and by the person by or 
under whose authority the alleged insane person is confined ; 
nor shall said petitioner, nor any counsel he may employ, 
nor any witness he may desire to use, have the right to visit 
or examine said insane person, except with the permission 
of the superintendent of the hospital or place wiiere said 
person is confined, or by special order of the judge issuing 
the commission. 

Section 4. The personal examination by the commis- 
sioners of the person confined as insane shall be had at the 
hospital or place of confinement, and such person shall not 
be taken therefrom, pending the inquiry, exc cpt by special 
order of the judge issuing the commission. 

Section 5. The commissioners shall report the facts 
bearing upon the petition, together with their opinion of the 



Justice S. J. 
court may, on 
petition, appoint 
commission of 
inquiry. 



Commissioners to 
be sworn and give 
notice thereof 
and of hearing. 



Powers and du- 



Rights of parties 
in interest de- 
fined. 



Examination of 
alleged insane 
person, how held. 



Commissioners 
shall report to 



1864.— Chapter 288. 263 

condition of the person confined, to the said judge, or if he judge, who may 

^ ^ , , ' I n ,^ -1 dispose by order. 

cannot conveniently attend, to some other judge oi tlie said 
court; and, upon tlie presentation of the rcj)ort, the judge 
may order the discharge of the person confined, or may 
disallow the petition, or may take such other order as the 
circumstances of the case shall require. 

Section 6. It shall he the duty of the overseers of the Needy persons of 

/. •. . i xi •■ i- T> i. J. recent insanity, 

poor ot any city or town, except the ciiy oi Loston, to out of Boston, to 
commit to one of the state lunatic hospitals, or the Boston ^; 'j;° rsSof ^ 
Lunatic Hospital, with the consent of the trustees thereof, poor- 
any ])erson supported hy such city or town who is suffering 
under recent insanity, and is a fit suhject for remedial 
treatment. 

Section 7. Whenever the hoard of state charities shall Boardofstate 
have reason to helieve that any insane person, not incurable, for^'remediar^''^ 
is dej)rived of proper remedial treatment, and is confined in g^n'^efn'^ce'rtai'u 
any almshouse or other place, whether such insane person c^ii^es. 
is a public charge or otherwise, it shall be the duty of said 
board to cause application to be made to one of the judges 
of the supreme judicial, superior or probate courts, for the 
commitment of such person to a hospital in the manner 
prescribed by law. 

Section 8. The governor and council may license any Governor and 
suitable person to establish and keep an asylum or private [i^ense' private 
house for the reception and treatment of insane persons, '^'^J'"'"^- 
and may at any time revoke such license. And such asylum Rights of visita- 
or private house shall be subject to visitation by the gov- """• 
ernor and council or any committee thereof, and by the judge 
of the probate court of the county wherein the same is 
situated. 

Section 9. "Whoever establishes or keeps such an asylum penalty for ueep- 
or private house without a license, unless otherwise author- cefisl""""^ '*' 
ized by law, shall forfeit a sum not exceeding five hundred 
dollars. 

Section 10. There shall be established on the lands Receptacle for 
connected with the state almshouse at Tewksbury a recepta- a° Tewksbury'^ 
cle for insane criminals, to which shall be removed all 
persons now in the state lunatic hospitals, whom the board 
of state charities shall deem to be fit subjects therefor. Any certain persons 
insane 'person who maybe committed "to one of the state XierTs','")'.. 
lunatic hospitals under the ])rovisions of the fourteenth iT2,acti802,2i;:5. 
section of tlie one hun(h-ed and seventy-second chapter of 
the General Statutes, or of the seventeenth section of the 
two hundred and twenty-third chapter of the acts of the 
year eighteen hundred and sixty-two, may, at the discretion 
of the court, be committed to tlie said receptacle under such 



%1 



1864.— Chapter 289. 



Judges superior 
or probate court 
may remove con- 
victs to recepta- 
cle. 



Inspectors of 
almshouse at 
Tewksbury to 
establish rules 
and regulations 
for receptacle, 
and superinten- 
dent to have 
charge. 



Physician. 



Board of state 
charities to certi- 
fy probable quar- 
terly expense for 
support. 



Ninety per cent, 
to be paid for 
current ex- 
penses. 



Officers lunatic 
hospitals not to 
engage otherwise. 



limitations as the court may direct.' And the judges of the 
superior and probate courts may cause convicts who are 
insane to be removed from any prison or house of correction 
to the said receptacle, in the same manner tliat such convicts 
may now be removed to one of the state lunatic hospitals. 
But no person shall be removed or committed to such 
receptacle until the governor, by his proclamation, gives 
notice tliat the same is ready for inmates. 

Section 11. The inspectors of the state almshouse at 
Tewksbury shall, subject to the approval of the governor, 
establish rules and regulations for the government and man- 
agement of said receptacle, and shall see that the same are 
enforced ; and said receptacle shall be visited and examined 
once in each week by at least one inspector, who shall at 
the time of such visit make a record thereof in a book to be 
kept at the receptacle for the purpose. The superintendent 
of the said almshouse shall have the general supervision of 
said receptacle, and shall furnish all supplies needed there- 
for. The inmates of said receptacle shall be under the care 
of a suitable resident physician who shall also be the physi- 
cian of the almshouse, and who shall be appointed by the 
Inspectors of said almshouse. 

Section 12. It shall be the duty of the board of state 
charities to certify to the auditor, within one week from the 
commencement of each quarter of the financial year, the 
probable amount due to each lunatic hospital for the support 
of state pauper inmates during said quarter. And upon 
application of 'any board of trustees of said hospitals the 
auditor may draw his warrant for a sum not exceeding 
ninety per cent, of the amount so certified, and the same 
shall be paid to the treasurer of the hospital making the 
application, to be used towards the payment of its current 
expenses, incurred within the financial year. 

Section 13. No superintendent or other officer of any 
state lunatic hospital shall, so long as he remains such, hold 
any office or be engaged in any occupation which shall inter- 
fere with the devoting of his whole time to the performance 
of his duties at such hospital. Approved May 14, 1864. 



Chap. 289 An Act relating to the reports of railroad corp(Jrations. 

Be it enacted, ^c, as follows : 
incaseofv.ican- Whenever there shall exist a vacancy in the board of 

cy in commission .. -ill i. r Jj. li- 

ot road entering commissioiicrs rcquircd by law to perform any duty relative 

ma"ingmember ^o aiiy railroad extending from Massachusetts into another 

'"'^'^t. state, and such vacancy cannot be filled by authority of the 

Commonwealth of Massachusetts, the member or members 



1861— Chapters 290, 291, 292. 265 

of the board of commissioners duly appointed shall perform 
all the duties relating to the annual reports to the legislature, 
and to the apportionment of the expenditures, receipts and 
profits appertaining to the portions of the road lying in each 
state, which the said board of commissioners is required to 
perform. Approved May 14, 1864. 

An Act in relation to the state industrial school for girls. Chap. 290 
Be it enacted, §r., as foUoios : 

Section 1. All commitments to the State Industrial Duration of com- 
School for Girls shall hereafter be until the age of twenty- ™' ™®° 
one years, or until otherwise discharged ; and all the powers 
now by law given in relation to the government and control 
of inmates of said school till they arrive at the age of 
eighteen years, shall extend to their arrival at the age of 
twenty-one years : provided, that any girl serving her time ProTiso.i 
under indentures agreeably to the seventy-fifth chapter of 
the General Statutes shall be discharged from the school on 
her arrival at the age of eighteen years. 

Section 2. The trustees of said institution may retain Trustees may re- 
tlierein until the age of twenty-one years, any person here- mltes^^*^^*"' 
tofore sentenced to said institution, if said person consents 
thereto in writing. Approved May 14, 1864. 

An Act in addition to an act to incorporate the stockbhidge Chap. 291 
iron company. ■' ' 

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

Section 1. The Stockbridge Iron Coriipany, a corporation Mining opera- 
established in this Commonwealth, is authorized to nii„e "°°« ''«''»°"^*»- 
ore for manufacture or sale, on any land owned by said 
corporation, or on which it has or may acquire an interest, 
and may dispose of such lands or any mining rights of said 
corporation therein, by sale, lease or otherwise. 

Section 2. The said corporation is also authorized to May establish 
establish works for the manufacture of iron or steel at any wherr"^^ ^'''*" 
such place or places, in the county of Berkshire, or on tlie 
banks of the Hudson River as the stockholders may elect and 
determine. 

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

Approved May 14, 1864. 

An Act in further addition to an act to provide for the Chap. 292 
payment of hountiesto volunteers, and for other purposes. 
Be it enacted, Sfc, as follows: 

Section 1. Tiie governor is authorized in his discretion oovemormay 
to continue to accept or raise volunteers for this Common- tu.finautwpa". 
wealth, in advance of any future calls by the president of """''^"'"'■ 
34 



266 



1864.— Chapters 293, 294. 



Recruiting ex- 
penses. 



Existing laws to 
apply. 



Chap. 293 



Rights under lo- 
cation forfeited if 
linown land 
claims remain 
unrecognized 
three years. 



Chap. 294 



Persons assessed 
current year for 
stock taxable 
under ch. 208, 
'64, may be re- 
assessed. 



the United States, and to offer and pay bounties, not exceed- 
ing those now provided by law, to such volunteers, and to 
expend such sums as he may find necessary and proper, in 
the payment of transportation and other expenses incident 
to the work of recruitment, not exceeding the rate of 
twenty-five dollars for each person recruited and mustered 
into the service of the United States. 

Section 2. All laws relating to the mode of payment of 
bounties to volunteers and to the allotment of such bounties, 
shall apply to the bounties of persons volunteering under 
this act. 

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

Approved May 14, 1864:. 

An Act concerning the rights of railroad corporations to 

take land. 
Be it enacted^ ^'c, as follows: 

Section 1. Any railroad corporation which may here- 
after locate its road, or any railroad corporation which has 
located its road but has not constructed the same, shall 
forfeit its rights under such location, unless all claims or 
dues for land thus taken shall be adjusted, or legal proceed- 
ings with reference to the settlement of the same be instituted 
within three years from tlie filing of such location, unless it 
shall appear that such claims or clues had never come to the 
knowledge of the corporation. 

Section '2. All acts and parts of acts inconsistent here- 
with are hereby repealed. 

Section 8. This act shall take effect on the first day of 
November in the year eighteen hundred and sixty-four. 

Approved May 14, 1864. 

An Act relating to the assessment of taxes for the current 

YEAR. 

Be it enacted, Sfc, as follows : 

Section 1. If any city or town, in assessing taxes for the 
current year, shall have actually assessed any person or per- 
sons for shares held in the capital stock of any corporation, 
which is taxable, under the provisions of an act entitled "An 
Act levying a tax upon certain Corporations," and passed at 
the present session, the tax of such person or persons may 
be re-assessed as of the first day of May of the same year, 
and such shares of stock omitted from the list of personal 
property taxed, in tlio same manner as if said act had been 
in force on the said first day of May. 

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

Ajjproved May 14, 1S64. 



1864— Chapters 295, 296, 297. 267 

An Act in addition to an act to establish the city of ciielsea. Chap. 295 
Be it enacted^ ^-c, as follows : 

Section 1. The mayor and president of the common schooi committee 
council of the city of Ciielsea shall be ex ofpciis members of 
the school committee. 

Sections. Vacancies in the school committee shall be vacancies, how 
filled by the board of aldermen and the school committee 
actinj^ in convention. 

Section 3. Vacancies in the overseers of the poor shall overseers of poor, 
be filled by the city council. 

Section 1. This act shall be void unless accepted by the Act, when in 
city council of Chelsea within three months from its passage. 

Approved May 14, 1864. 

An Act requiring the inspector of gasmeters to, make annual Chap. 296 

RETURNS. 

Be it enacted, §^c., as foUoics : 

The inspector of gasmeters and illuminating gas, shall Report to legisia- 
annually in the month of January report to the legislature jaLuary""^" 
the number of meters inspected and sealed, with such other 
information as he may deem expedient, for the year ending 
on the thirty-first day of December next preceding. 

Approved May 14, 1864. 

An Act in addition to an act to incorporate the melrose Chan 297 

and south reading horse railroad company. -* ' 

Be it enacted, §'c., as follows: 

Section 1. The Melrose and South Reading Horse Rail- May ceii oricase 
road Company is hereby authorized to. sell or lease all its property! "'"^ 
rights, franchise and property to any other similar corpora- 
tion, and any other similar corporation is hereby authorized 
to purchase or lease all the rights, franchise and property 
of the said Melrose and South Reading Horse Railroad 
Company : provided that such sale or lease shall be approved ProTiso. 
by two-thirds of the stockholders of each corporation respec- 
tively present and voting at meetings called for that pur- 
pose ; and any corporation so purciiasing or leasing, shall 
hold, possess and enjoy all the powers, privileges, rigiits, 
franchise, property and estates which at the time of such 
purchase or lease were held and enjoyed by the two corpo- 
rations respectively, and shall be subject to all the duties, 
restrictions, obligations and liabilities to which they were 
severally subject. 

Section 2. The time allowed the Melrose and South Thm- for loratinR 
Reading Horse Railroad Company for the location and con- "'ua extenUid. 
struction of its road is herel)y exteiuled two years. 

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

Approved May 14, 1804. 



268 



1864.— Chapters 298, 299. 



Chan. 298 ^^ -^^^ ^^ establish the salaries of the judges, registers 

-^ ' AND assistant REGISTERS OF PROBATE AND INSOLVENCY FOR 

CERTAIN COUNTIES. 

Be it enacted, Sfc, as follows. • 

Instead of the salaries now received, the judges, registers 
and assistant-registers of probate and insolvency in the 
counties hereinafter named shall receive from the treasury 
of the Commonwealth, annual salaries as follows: — For the 
county of Middlesex, the register, eighteen hundred dollars. 
For the county of Worcester, the judge, two thousand 
dollars, and the register, seventeen hundred dollars. For 
the county of Essex, the judge, eighteen hundred dollars, 
tlie register, seventeen hundred dollars, and the assistant- 
register, one thousand dollars. For the county of Norfolk, 
the register, twelve hundred dollars, and the assistant- 
register, eight hundred dollars. For the county of Bristol, 
the judge, twelve hundred dollars. For the county of 
Berkshire, the judge and register each nine hundred dollars. 
For the county of Hampden, the judge and register each one 
thousand dollars. For the county of Hampshire, the judge, 
seven hundred dollars, and the register, seven hundred and 
fifty dollars. For the county of Franklin, the judge, seven 
hundred dollars; and the register, seven hundred and fifty 
dollars. For the county of Nantucket, the judge, four hun- 
dred dollars, and the register, five hundred dollars. For 
Dukes County, the judge, four hundred dollars, and the 
register, five hundred dollars. Apjiroved May 14, 1864. 



Middlesex. 
Worcester. 



Bristol. 
Berkshire. 



Hampden. 
Hampshire. 



Chap. 299 



Dogs shall be an- 
nually registered 
and licensed and 
wear collar with 
owner's name 
thereon. 



Fee for license. 



Becoming keeper 
after May first, 
license required. 



An Act concerning dogs and for the protection of sheep 

AND other domestic ANIMALS. 

Be it enacted' S^c, asfolloios: 

Section 1. Every owner or keeper of a dog shall, 
annually, on or before the thirtieth day of April, cause to 
be registered, numbered, described and licensed, for one 
year from the first day of the ensuing May, in the office of 
the clerk of the city or town wherein he resides, and shall 
cause it to wear around its neck a collar distinctly marked 
with its owner's name, and the registered number, and shall 
pay for such license two dollars for a male dog, and five 
dollars for a female dog. 

Section 2.- Any person becoming the owner or keeper of 
a dog not duly licensed, on or after the first day of May, 
shall cause said dog to be registered, numbered, described 
and licensed, until the first day of the ensuing May, in the 
manner, and subject to the terms and duties prescribed in 
this act. 



1864.— Chapter 299. 269 

Section 3. The clerks of cities and towns shall issue said cierks of towns 

T 1 • ^1 ii p 1 .1 ^° ''"sue licenses, 

licenses and receive the money thereior, and pay the same keep record and 
into the treasuries of their respective counties, except in the ?yfextept'in°sirf- 
county of Suffolk, retaining to their own use twenty cents f""^- 
for each license. They shall also keep a record of all licenses 
issued by them, with the names of the keepers or owners of 
dogs licensed, and the names, registered numbers and 
descriptions, of all such dogs. 

Section 4. It shall be the duty of each county treasurer, Treasurers of 
and of each city or town treasurer in the county of Suffolk, towns'ln Suffolk, 
to keep an accurate and separate account of all moneys accounts. 
received and expended by him under the provisions of this 
act. 

Section 5. Whoever keeps a dog contrary to the provis- Penalty for keep- 
ions of this act, shall forfeit fifteen dollars, to be recovered lo^iaw^ contrary 
by complaint, and the money shall be paid to the treasurer 
of the county in which the dog is kept, except that in tiie 
county of Suffolk it shall be paid to the treasurer of the city 
or town wherein said dog is kept. 

A license from the clerk of any city or town shall be valid License may be 
in any part of the Commonwealth, and may be transferred oUiertown.*° 
with the dog licensed : provided, said license be recorded by Proviso, 
the clerk of the city or town where the owner or keeper of 
such dog resides. 

Section 6. The assessors of the cities and towns shall, Assessors shaii 
annually, take a list of all dogs owned or kept in their a's'ts.^ """^ 
respective cities and towns, on the first day of May, with the 
owners' or keepers' names, and return the same to the city 
or town clerk, on or before tlie tenth day of July. Any penalty for witu- 
owiier or keeper of a dog who shall refuse to give just and ^°^ding owner- 
true answers to the assessors relative to the ownership 
thereof, shall be punished by a fine of not less than ten 
dollars. 

Section 7. Mayors of cities and^the chairman of the Annual warrant 
selectmen of towns shall, annually, within ten days from the and°onlt°ab[eT 
first day of July, issue a warrant to one or more police uuUce^Jed'dogsf 
officers or constables, directing tiiem to proceed fortliwith 
either to kill or cause to be killed, all dogs within their 
resi)cctive cities or towns, not licensed and collared 
according to the provisions of this act, and any person may, 
and every police officer and constable shall, kill or cause to 
be killed, all such dogs, whenever and wherever found. 
Such officers, other than tliose erai)loyed under regular pay, Feetoomcer 
shall receive one dollar for each dog so destroyed, from the "t'^^'r ">»" r-^eu- 
treasurers of their respective counties, exce{)t that in tlie 
county of Suffolk they shall receive it from the treasurers 



270 



1864.— Chapter 299. 



Bills to be ap- 
proved and paid] 
from peaaltiea. 



Issue of warrants 
to be certified dis- 
trict attorney to 
prosecute delin- 
quents. 



Loss or injury of 
domestic animals 
by dogs, upon 
notice of loser, to 
be appraised. 



County commis- 
sioners to audit 
bills and order 
payment. 



Penalties re- 
ceived to cover 
allowances. 



Compensation of 
appraisers. 



Parties suffering 
loss may proceed 
eitherunderGen. 
Stats, or present 
act. 



of their respective towns. All bills for such services shall 
be approved by the mayor or chairman of the selectmen, of 
the cities or towns in which said dogs are destroyed, and 
sliall be paid from moneys received under the provisions of 
this act. 

Section 8. The mayors of cities and the chairman of the 
selectmen of towns shall, after issuing their warrant to police 
officers or constables, as specified in the preceding section, 
forthwith certify the fact under oath to the district attorneys 
of their respective districts, whose duty it shall be to prose- 
cute all such officers as fail to comply with this requirement. 

Section 9. Whoever suffers loss by the worrying, maim- 
ing or killing of his sheep, lambs or other domestic animals, 
by dogs, may inform the mayor of the city, or the chairman 
of the selectmen of the town, wherein the damage was done, 
who shall appoint two disinterested persons, who witli the 
mayor or chairman of the selectmen, shall proceed to the 
premises where the damage was done, and determine 
whether the damage was inflicted by dogs, and if so, 
appraise said damage. The amount of said damage shall 
be certified by the board of appraisers, and except in the 
county of Suffolk, be transmitted to the county commis- 
sioners, who shall during the month of December, examine 
all such bills ; and when any doubt exists, may summon the 
appraisers, and make such examination as they may think 
proper, and shall issue an order upon the treasurer of the 
county in which the damage was done, for all or any part 
tiiereof, as justice and equity may require. 

The treasurer shall annually, on the first day of January, 
pay all such orders in full, if tlie gross amount received by 
him under the provisions of this act, and not previously paid 
out, is sufficient therefor ; otherwise he shall divide such 
amount pro rata, among such orders, in full discharge 
thereof. 

The board of appraisers shall receive from the county, or 
in the county of Suffi)lk from the city or town treasui-er, out 
of the moneys received under the provisions of this act, the 
sum of one dollar each, for every examination made by them 
as prescribed in tliis section. 

The owner of sheep, lambs or other domestic animals 
worried, maimed or killed by dogs, shall have his election 
whether to proceed under the provisions of this section, or 
under the provisions of sections sixty-one, sixty-two and 
sixty-three of chapter eighty-eight of the General Statutes ; 
but having signified his election by proceeding in either 
mode, he shall not have the other remedy. 



1864.— Chapter 299. 271 

Section 10. Any town, city or county officer refusing or Penalty for neg- 
neglccting to perform the duties herein imposed upon him, autyVofficcrs" 
shall be punished by a fine not exceeding one hundred 
dollars, to be paid, except in the county of Suffolk, into the 
county treasury. 

Skction 11. The treasurer of any county may, in an Treasurer of 
action of tort against the owner or keeper of any dog con- coYMdanraytn 
cerned in doing damage to sheep, lambs or other domestic ^""'"""^ '"'''■ 
animals, in said county, which damage has been ordered to 
be paid by the county commissioners, recover the full amount 
thereof to the use of said county. If the amount so recovered Kxcess.how dis- 
exceeds the amount so received by the owner of the sheep ^°''*^ ' 
or other animals, under the provisions of section nine, the 
excess shall be paid by the county treasnrer to such owner. 
All fines and penalties provided in this act may be recovered Fines, how recor- 
on complaint before any police court or trial justice, in the "'^'^' 
county where the offence is committed. Moneys received surplus, how 
by the treasurer of any county, city or town, under the 
provisions of this act, and not expended in accordance with 
its provisions, may be applied to the payment of any county, 
city or town expenses. 

Section 12. In the county of Suffolk, all moneys received Moneys received 
for licenses or recovered as fines or penalties, under the paia^muuidpau- 
provisions of this act, shall be paid into the treasury of the '''^^' 
city or town in which said licenses are issued or said fines 
or penalties recovered. All claims for damage done by dogs claims for dam- 
in said county, shall be determined by th.e board of apprais- mi'nedby ap"" 
crs as specified in section nine of this act, and when i"-«i^ers 

Till 1 /• 1 1 approved bv 

approved by the board oi aldermen or selectmen of the city tnwnoincers 

1 ^1 T 1 1111 • 1 . ,. , 1 where done, and 

or town where tiie damage was done, shall be paid in lull paid. 

on the first day of January of each year, by the treasurer of 

said city or town, if the gross amount received by him under 

the provisions of this act, and not previously paid out, is 

sufficient therefor; otherwise such amount shall be divided, 

pro rata, among such claims, in full discharge thereof. 

After such claims have been approved by the board of alder- Town may reoov- 

men, or selectmen, the city or town may, in an action of ofjog."*^ '""'"^" 

tort, recover against the keeper or owner of any dog 

concerned in doing the damage, the lull amount thereof. 

Section 1:3. Sections fifty-two, fifty-thi-ee, filty-four, fifty- iiepeui of sections 

five, fifty-six, fifty-eight, sixty-four, sixty-five and sixty-six " " ° ° 

of chapter eighty-eight of the General Statutes are hereby 
repealed. 

Section 14. Tiiis act shall take effect in thirty days from Act, when m 
its passage; but any licenses heretoloro duly granted under iicuu»^e8 vuiid. 
existing laws, shall Ijo valid for the term for which they were 



Geu. Statutes. 



272 1864.— Chaptebs 300, 301. 

Moneys received granted '. aiid all moiievs received since the thirtieth day of 

since April 30th, . •, c ,y . i .1 11 .^ 1 •>• 

how disposed. April, 01 the current year, by tlie clerks of the several cities 
and towns for such licenses, after deducting their fees, shall 
be paid over, except in the county of Suffolk, to the treas- 
urers of their respective counties, and disposed of according 
to the provisions of this act. Approved May 14, 1864. 

Chap. 300 An Act to establish the salaries of the treasurer, auditor, 

SECRETARY OF THE COMMONWEALTH, AND ADJUTANT-GENERAL, 
AND OTHER OFFICERS FOR THE CURRENT YEAR. 

Be it enacled, Sf'c, as follows: 

Section 1. The treasurer and receiver-general, the auditor 
of accounts, the secretary of the Commonwealth and the 
adjutant-general, sliall eacli receive for the current year a 
salary of twenty-five hundred dollars ; and the first clerk of 
the treasurer and receiver-general and of the auditor of 
accounts shall each receive for the current year a salary of 
two thousand dollars. 

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

Approved May 14, 1864. 
Chap. 301 An Act establishing rules and articles for governing the 

TROOPS OF the commonwealth, AND THE MILITIA IN ACTUAL 

service. 
Be it enacted, Spc, as follows: 
Rules for militia, SECTION 1. The followiug shall be the rules and articles 
rervke!"''""'^ by wluch the troops of this Commonwealth and the militia 
thereof, when called into actual service, shall be governed. 
When deemed to And thc militia sliall be deemed to be in actual service, and 
^e^m ac ua ser- g^^|,,JQp^ ^^ such rulcs and articlcs, whenever called out in 
case of war, invasion, the prevention of invasion, insurrec- 
tion, to suppress riots, or to aid civil officers in the execution 
of the laws : 
Attendance on Aflicle 1. It is eamcstly recommended to all officers and 
divine service, goldiers diligently to attend divine service ; and all officers 
who shall behave indecently or irreverently at any place of 
divine worship shall, if commissioned officers, be brought 
before a general court-martial, there to be publicly and 
severely reprimanded by the president ; if non-commissioned 
officers or soldiers, every person so offending shall, for his 
first offence, forfeit one-sixth of a dollar, to be deducted out 
of his next pay ; for the second offence, he shall not only 
forfeit a like sum, but be confined twenty-four hours ; and 
for every like offence, shall suffer and pay in like manner ; 
which money, so forfeited, shall be applied, by the captain 
or senior officer of the troop or company, to the use of the 
sick soldiers of tiie company or troop to which the offender 
belongs. 



1864.— Chapter 301. 273 

Art. 2. Any non-commissioned officer or soldier who shall ^^\'°f p!"^^"J|.^^^. 
use any profane oath or execration, shall incur the penalties uous. 
expressed in the foregoing article ; and a commissioned 
officer shall forfeit and pay, for each and every such offence, 
one dollar, to be applied as in the preceding article. 

Art. 3. Every chaplain commissioned in the troops or chaplain absent- 
militia of this Commonwealth, who shall absent himself lufties"*^'' 
from the duties assigned him, excepting in cases of sickness 
or leave of absence, shall, on conviction thereof before a 
court-martial, be fined not exceeding one month's pay, be- 
sides the loss of his pay during his absence ; or be dis- 
charged, as the said court-martial shall judge proper. 

Art. 4. Any officer or soldier wlio shall use contemptuous using disrespect- 
or disrespectful words against the president of the United Iglunsfpubuc 
States, against the vice-president thereof, against the con- o^egiVturf^'' 
gress of the United States, or against the chief magistrate 
or legislature of this Commonwealth, if a commissioned 
officer, shall be cashiered, or otherwise punished, as a court- 
martial shall direct ; if a non-commissioned officer or 
soldier, he shall suffer such punishment as shall be inflicted 
on him by the sentence of a court-martial. 

Art. b. Any officer or soldier who shall behave himself Disrespectful be- 
with contempt or disrespect toward his commanding officer, mYuaLg officer. 
sliall be punished, according to the nature of his offence, by 
the judgment of a court-martial. 

Art. G. Any officer or soldier who shall begin, excite. Mutiny or sedi- 

. . *' . . , . . • \ tiou3 confluct. 

cause, or joni in, any mutniy or seditiojii, in any troop or 
company in the service of this Commonwealth, or in any 
party, post, detachment or guard, shall suffer death, or such 
other punishment as by a court-martial shall be inflicted. 

Art. 1. Any officer, non-commissioned officer, or soldier, Not suppressing 
who, being present at any mutiny or sedition, does not use illg i'ntb'rmation'^' 
his utmost endeavor to suppress the same, or coming to the "*'''""•'• 
knowledge of any intended mutiny, does not, without delay, 
give information thereof to his commanding officer, shall be 
punished by the sentence of a court-martial with death, or 
otherwise, according to the nature of his offence. 

Art. 8. Any officer or soldier who shall strike his superior striking, resist- 
officer, or draw or lift up any weapon, or offer any violence lup^r^ior officer"^ 
against him, being in the execution of his office, on any 
pretence whatsoever, or shall disobey any lawful command 
of his superior officer, shall suffer death, or such other pun- 
ishment as shall, according to the nature of his offence, be 
inflicted upon him by the sentence of a court-martial. 

Art. 9. No non-commissioned officer or soldier shall be ni-dmrKoof 
dismissed the service without a discharge in writing ; and !^'riu,',g!°'"''° 



274 



1864.— Chapter 301. 



Furloughs, when 
and by whom 
granted. 



Certificates of 
absence. 



Penalty for giv- 
ing liilse certifi- 
cate of absence 
or pay. 



Making false 
.muster, or sign- 
ing false roxii. 



no discharge granted to him shall be sufficient which is not 
signed by a field officer of the regiment to whicli he belongs, 
or commanding officer, where no field officer of the regiment 
is present ; and no discharge shall be given to a non- 
commissioned officer or soldier before his term of service 
has expired, but by order of the commander-in-chief, or 
the sentence of a general court-martial ; nor shall a com- 
missioned officer be discharged the service but by order of 
the commander-in-chief, as provided in section fifty-six of 
an act entitled an act concerning the militia, approved in 
eighteen hundred and sixty-four, or by sentence of a gen- 
eral court-martial. 

Art. 10. Every colonel, or other officer commanding a 
regiment, troop or company, and actually quartered with 
it, may give furlouglis to non-commissioned officers or 
soldiers, in such numbers, and for so long a time, as he 
shall judge to be most consistent with the good of the 
service; and a captain, or other inferior officer, command- 
ing a troop or company, or in any garrison, fort or barrack 
of the Commonwealth (his field officer being absent,) may 
give furloughs to non-commissioned officers or soldiers, for 
a time not exceeding twenty days in six months, but not to 
more than two persons to be absent at the same time, 
excepting some extraordinary occasion should require it. 

Art. 11. At every muster, the commanding officer of 
each regiment, troop or company, there present, shall give 
to the commissary of musters, or other officer who musters 
the said regiment, troop or company, certificates signed by 
himself, signifying how long such officers as shall not 
appear at the said muster, have been absent, and the reason 
of their absence. In lii^e manner, the commanding officer 
of every troop or company shall give certificates, signifying 
the reasons of the absence of the non-commissioned officers 
and private soldiers ; which reasons and time of absence 
shall be inserted in the muster-rolls, opposite the names of 
the respective absent officers and soldiers. The certificates 
shall, together with the muster-rolls, be remitted by the 
commissary of musters, or other officer mustering, to the 
adjutant-general, as speedily as the distance of the place 
will admit. 

Art. 12. Every officer who shall be convicted before a 
general court-martial, of having signed a false certificate 
relating to the absence of either officer or private soldier, 
or relative to his or their pay, sliall be cashiered. 

Art. 13. Every officer wlio shall knowingly make a false 
muster of man or horse, and every officer or commissary of 



1864.— Chapter 301. 27o 

musters who shall willingly sign, direct or allow the 
signing of muster-rolls wherein such false muster is con- 
tained, shall, upon proof made thereof, by two witnesses, 
before a general court-martial, be cashiered, and shall be 
thereby utterly disabled to have or hold any office or employ- 
ment in the service of the Commonwealth. 

Art. 14. Any commissary of musters, or other officer. Penalty for tak- 
who shall be convicted of having taken money, or other oTmus'tenngor 
thing, by way of gratification, on mustering any regiment, «'k"'°s ""oi'*"- 
troop or company, or on signing muster-rolls, shall be 
displaced from his office, and shall be thereby utterly dis- 
abled to have or hold any office or employment in the 
service of the Commonwealth. 

Art. 15. Any officer who shall presume to muster a Mustering a per- 
person as a soldier who is not a soldier, shall be deemed ^°'*°°'^'*®° 
guilty of having made a false muster, and shall suffer 
accordingly. 

Art. 16. Every officer who shall knowingly make a false Makin? false re- 
return to the adjutant-general, or to any of his superior genera*! or\"Jtny 
officers, authorized to call for such returns, of the state of ^"P"™'"- 
the regiment, troop or company, or garrison under his . 
command, or of the arms, ammunition, clothing or other 
stores thereunto belonging, shall, on conviction thereof 
before a court-martial, be cashiered. 

Art. 17. The commai\ding officer of every regiment, commanding 
troop, or independent company or garrison of the Com- nl^nuify ^?urn 
monwealth, shall, in the beginning of every month, remit, to^idjutant-gen- 
through the proper channels, to the adjutant-general, an 
exact return of the regiment, troop, independent com- 
pany, or garrison, under his command, specifying the names 
of the officers then absent from their posts, with the reasons 
for and the time of their absence. And any officer who 
shall be convicted of having, through neglect or design, 
omitted sending such returns, shall be punished, according 
to the nature of his crime, by the judgment of a general 
court-martial. 

Art. 18. Any non-commissioned officer or soldier who Desertion or 
shall desert, or, without leave from his commanding officer, commi"sfoned°"' 
absent himself from his troop, company or detachment, ""^'-'^'^ '"^*°''^'"- 
shall, upon being convicted .tliereof, suffer death, or such 
other punishment as shall be inflicted by the sentence of 
a general court-martial. 

Art. 19. No non-commissioned officer or soldier shall Not to en not.. ise- 
enlist himself in any other regiment, troop or company, di'scimr^ge''""' 
without a regular discharge from the regiment, troop or 
company in which lie last served, on the penalty of being 



276 



1864.— Chapter 301. 



Penalty if officer 
shall so receive 
deserter. 



Advising officer 
or soldier to 
desert. 



Using reproach- 
ful language or 
gestures to 
another. 



Sending chal- 
lenge to fight a 
duel. 



Suffering persons 
to fight duels, I jj 
aiding, &c. 



Officers to quell 
quarrels and dis- 
orders. 



Upbraiding oth- 
ers for refusing 
challenge. 



reputed a deserter, and suffering accordingly. And in case 
any officer shall knowingly receive and entertain such non- 
commissioned officer or soldier, or shall not, after his being 
discovered to be a deserter, immediately confine him, and 
give notice thereof to the corps in which he last served, the 
said officer shall, by a court-martial, be cashiered. 

Art. 20. Any officer or soldier who shall be convicted of 
having advised or persuaded any other officer or soldier to 
desert, shall suffer death, or such other punishment as shall 
be inflicted upon him by the sentence of a court-martial. 

Art. 21. No officer or soldier shall use any reproachful 
or provoking speeches or gestures to another, upon pain, if 
an officer, of being put in arrest ; if a soldier, confined, and 
of asking pardon of the party offended, in tlie presejice of 
his commanding officer. 

Art. 22. No officer or soldier shall send a challenge to 
another officer or soldier to fight a duel, or accept a chal- 
lenge if sent, upon pain, if a commissioned officer, of being 
cashiered ; if a non-commissioned officer or soldier, of suf- 
fering punishment at the discretion of a court-martial. 

Art. 23. If any commissioned or non-commissioned offi- 
cer commanding a guard shall knowingly or willingly suffer 
any person whatsoever to go forth to fight a duel, he shall 
be punished as a challenger ; and all seconds, promoters 
and carriers of challenges, in order to duels, shall be deemed 
principals, and be punished accordingly. And it shall be 
the duty of every officer commanding an army, regiment, 
company, post or detachment, who is knowing to a chal- 
lenge being given or accepted by any officer, non-commis- 
sioned officer or soldier, under his command, or has reason 
to believe the same to be the case, immediately to arrest 
and bring to trial such offenders. 

Art. 24. All officers, of what condition soever, have 
power to part and quell all quarrels, frays and disorders, 
though the persons concerned should belong to another 
regiment, troop or company ; and either to order officers 
into arrest, or non-commissioned officers or soldiers into 
confinement, until their proper superior officers shall be 
acquainted therewith ; and whosoever shafl refuse to obey 
such officer (thougli of an inCerior rank), or shall draw his 
sword upon him, shall be punished at the discretion of a 
general court-martial. 

Art. 25. Any officer or soldier who shall upbraid another 
for refusing a challenge, shall himself be punished as a 
challenger ; and all officers and soldiers are hereby dis- 
charged from any disgrace or opinion of disadvantage which 



1864.— Chapter 301. 277 

might arise from their having refused to accept of chal- 
lenges, as they will only have acted in obedience to the 
laws, and done their duty as good soldiers who subject 
themselves to discipline. 

Art. 26. No sutler shall be permitted to sell any kind of Sutlers nouoseii 
liquors or victuals, or to keep their houses or shops open for open at certaia 
the entertainment of soldiers, after nine at night, or before "™*^' 
the beating of the reveille, or upon Sundays, during divine 
service or sermon, on the penalty of being dismissed from 
all future sutling. 

Aft. 27. All officers commanding in the field, forts, bar- commanding 
racks or garrisons of the Commonwealth, are hereby "uuerssuppV * 
required to see that the persons permitted to suttle shall ^^'t^i equity, 
supply the soldiers with good and wholesome provisions, or 
other articles, at a reasonable price, as they shall be answer- 
able for their neglect. 

Art. 28. No officer commanding in any of the garrisons, g^*^^" "°*J^it 
forts or barracks of the Commonwealth, shall exact exor- exorbitant rent 
bitant prices for houses or stalls let out to sutlers, or rnterMtetT^n any 
connive at the like exactions in others ; nor by his own "^''*'^*=- 
authority, and for his private advantage, lay any duty or 
imposition upon, or be interested in, the sale of any victuals, 
liquors or other necessaries of life, brought into the gar- 
rison, fort or barracks for the use of the soldiers, on the 
penalty of being discharged from the service. 

Art. 29. Every officer commanding in quarters, garrisons, shaii keep good 
or on the march, shall keep good order, and to the utmost abu^esr&c!^^ 
of his power, redress all abuses or disorders which may 
be committed by any officer or soldier under his com- 
mand ; if, upon complaint made to him of officers or soldiers 
beating or otherwise ill-treating any person, or disturbing 
fairs or markets, or of committing any kind of riots, 
to the disquieting of the citizens of the United States, 
he, the said commander, who shall refuse or omit to see 
justice done to the offender or offenders, and reparation 
made to the party or parties injured, as far as part of the 
offender's pay shall enable him or them, shall, upon proof 
thereof, be cashiered, or otherwise punished, as a general 
court-martial shall direct. 

Art. V)0. When any commissioned officer or soldier shall omcer or soidjer 
be accused of a capital crime, or of having used violence, or crhiTor^oiTence"' 
committed any offi3ncc against the person or property of any pjoj^rt/^om-"' 
citizen of any of the United States, such as is punishable by nmnding officers 

to H-'isist delivery 



the known laws of the land, the commanding officer and tooivii 
officers of every regiment, troop or company, to which tlic """°" 
person or persons so accused shall belong, are hereby 



magis- 



278 1864.— Chapter 301. 

required, upon application duly made by, or in behalf of the 
party or parties injured, to use their utmost endeavors to 
deliver over such accused person or persons to the civil 
magistrate, and likewise be aiding and assisting to the 
officers of justice in apprehending and securing the person 
or persons so accused, in order to bring him or them to trial. 
If any commanding officer or officers shall wilfully neglect, 
or shall refuse, upon the application aforesaid, to deliver 
over such accused person or persons to the civil magistrates, 
or to be aiding and assisting to the officers of justice, in 
apprehending such person or persons, the officer or officers 
so offending shall be cashiered. 
Officer deeming Aft. 31. If any officcr shall think himself wronged by his 
b™uperio°°umy colonel, or the commanding officer of the regiment, and 
er^f who shau'"'' shall, upou duc application being made to him, be refused 
redress. rcdrcss, hc may complain to tlie general or officer command- 

ing in clnef the forces in service, in order to obtain justice ; 
who is hereby required to examine into said complaint, and 
take proper measures for redressing the wrong complained 
of, and transmit, as soon as possible, to the adjutant-general, 
a true state of such complaint, with the proceedings had 
thereon. 
An inferior offi- Aft. 32. If any iufcrior officer or soldier shall think 
thinking'himseif hlmsclf wrougcd by his captain or other officer, he is to 
uln°may Mm-'" couiplaiu thcrcof to tlic Commanding officer of the regi- 
piain, &c. ment, who is hereby required to summon a regimental 

court-martial, for the doing justice to the complainant ; from 
which regimental court-martial either party may, if he 
thinks himself still aggrieved, appeal to a general court- 
Appeai. martial. But if, upon a second liearing, the appeal shall 

appear vexatious and groundless, the person so appealing 
shall be punished at the discretion of the said court-martial. 
Penalty for dis- Aft. 33. Any conimissioued officer, store-keeper or com- 
^°th°ouforderf missary, who shall be convicted at a general court-martial 
Hs'^a'^^l'ln °''' ^^ having sold, without a proper order for that purpose, 
stores. embezzled, misapplied, or wilfully or through neglect 

suffered, any of the provisions, forage, arms, clothing, 
ammunition, or other military stores belonging to the 
United States or Commonwealth, to be spoiled or damaged, 
shall, at his own expense, make good the loss or damage, 
and shall, moreover, forfeit all his pay, and be dismissed 
from the service, 
wastmgammu- Art. 34. Any non-commissioned officer or soldier who 
shall be convicted at a regimental court-martial of having 
sold, or designedly or througli neglect, wasted the ammu- 
nition delivered out to him, to bo employed in the service of 



nitton. 



1864.— Chapter 301. ' 279 

the Com moil wealth, shall be punished at the discretion of 
such court. 

Art. 35. Every non-commissioned officer or soldier who Having sold jost 
shall be convicted before a court-martial of liaving sold, lost arms or ciothesl 
or spoiled, through neglect, his horse, arms, clothes or 
accoutrements, shall undergo such weekly stoppages (not 
exceeding the half of his pay,) as such court-martial sliall 
judge sufficient, for repairing the loss or damage; and shall 
suffer confinement or such other ])unishment as his crime 
shall deserve. 

Art. 36. Every officer who shall be convicted before a Embezzling men 
court-martial of having embezzled or misapplied any money officer^"" " 
with which he may have been entrusted, for the payment of 
the men under his command, or for enlisting men into the 
service, or for other purposes, if a commissioned officer, 
shall be cashiered and compelled to refund the money ; if a 
iion-commissioned officer, shall be reduced to the ranks, be 
put under stoppages until the money be made good, and 
suffer such punishment as such court-martial shall direct. 

Art. 37. Every captain of a troop or company is charged fi^.P,*'"'!} ^"it^," 
with the arms, accoutrements, ammunition, clothing, or arms, &c., fur- 
other warlike stores belonging to the troop or company ""'""""^ company. 
under his command, which he is to be accountable for to his 
colonel in case of their being lost, spoiled or damaged, not 
by unavoidable accidents, or on actual service. 

Art. oS. All non-commissioned officers and soldiers who P'^"'^''y f"'' '*•'*'■ 
shall be found one mile from the cam,p without leave, in mi>.'""^°"^ 
writing, from their commanding officer, shall suffer such 
punishment as shall be inflicted upon them by the sentence 
of a court-martial. 

Art. 39. No officer or soldier shall lie out of his quarters, ^'^a" 1-°"'' ^*^ 
garrison or camp, without leave from his superior officer, 
upon penalty of being punished according to the nature of 
his offence, by tlie sentence of a court-martial. 

Art. 40. Every non-commissioned officer and soldier shall ^"ti'Jifto".''urr'° 
retire to his quarters or tent at the beating of the retreat ; t^^". 
in default of which he shall be punished according to the 
nature of his offence. 

Art. 41. No officer, non-commissioned officer or soldier Qfi'-e" and soi- 

,,,„.,. ..' . . dlers not to fall 

shall lail in repairing, at tiie time fixed, to the place of t""pp<arat i-a- 
parade, of exercise or other rendezvous appointed by his '""^''' 
commanding officer, if not prevented by sickness or some 
other evident necessity, or shall go from the said place of 
rendezvous without leave from his commanding officer, 
before he shall be regularly dismissed or relieved, on the 



280 • 1864.— Chapter 301. 

penalty of being punished according to the nature of his 
offence, by the sentence of a court-martial. 
Penalty for Aft. 42. Any commissioncd officer who shall be found 

dnmkcnness on ^j.^^j^]^ q,^ j^jg gj^ard, party, or other duty, shall be cashiered. 
Any non-commissioned officer or soldier so offending shall 
suffer such punisiiment as shall be inflicted by the sentence 
of a court-martial. 
Sleeping at or Aft. 43. Any scutinel who shall be found sleeping upon 

leaving post. j^j^ ^^^^^ ^^ ^j^^^^ Icave it beforc he shall be regularly relieved, 
shall suffer death, or such other punishment as shall be 
inflicted by the sentence of a court-martial. 
Not to hire an- Aft. 44. No soldicr belonging to any regiment, troop 
duty"^ ° or company shall liire another to do his duty for him, or be 

excused from duty but in cases of sickness, disability or leave 
of absence ; and every such soldier found guilty of hiring 
his duty, as also the party so hired to do another's duty, shall 
be punished at the discretion of a regimental court-martial. 
Conniving at Aft. 45. And cvcry non-commissioned officer conniving 

inug. ^^ ^^^^j^ hiring of duty aforesaid, shall be reduced ; and 
every commissioned officer knowing and allowing such ill 
practices in the service, shall be punished by the judgment 
of a general court-martial. 
oocasioDing false Aft. 46. Any officcr belonging to the troops or militia of 
alarms. ^|^jg Commonwealtli, who, by discharging of firearms, draw- 

ing of swords, beating of drums, or by any other means 
whatsoever, shall occasion false alarms in camp, garrison or 
quarters, shall suffer death, or such other punishment as 
shall be ordered by the sentence of a general court-martial. 
Quilting guard, Avt. 47. Any officer or soldier who shall, without urgent 
iiiatoon or divLs- j^gggggi^y^ q^ without thc Icavc of his superior otHcer, quit 
his guard, platoon or division, shall be punished according 
to the nature of his offence, by the sentence of a court- 
martial. 
Doing violence to Afl. 48. No officcr Or soldicr shall do violence to any 
sup^piies.''""^'"^ person who brings provisions or other necessaries to the 
camp, garrison or quarters of the forces of this Common- 
wealth, \ipon pain of death, or such other punishment as a 
court-martial shall direct. 
Mi.«beiiaving be- Aft. 49. Any olficcr or soldier who shall misbehave him- 
ja^rndoning post, sclf bcforc tlic cucmy, run away, or shamefully abandon any 
*"'• fort, post, or guard wliich he or they may be commanded to 

defend, or speak words inducing others to do the like, or 
shall cast away his arms and ammvuiition, or who shall quit 
his post or colors to plunder and pillage, every such offender, 
being duly convicted thereof, shall suffer death, or such 



1864.— Chapter 301. 281 

other punishment as shall be •ordered by the sentence of a 
general court-martial. 

Art. 50. Any person belonging to the forces in the Making known 
service of this Commonwealth, who shall make known the properTy^or""" 
watchword to any person who is not entitled to receive it ^"'^^'y- 
according to the rules and discipline of war, or shall presume 
to give a parole or watchword different from what he 
received, shall suffer death, or such other punishment as 
shall he ordered by the sentence of a general court-martial. 

Art. 51. All officers and soldiers are to behave them- Disorderly be- 

1 11- . i,i' 1 11 havior, com m it- 

selves orderly m quarters and on their march ; and whoever ting wkste, spoii- 

shall commit any waste or spoil, either in walks of trees, '"^ *'*®*' ^"^ 
parks, warrens, fish-ponds, houses or gardens, corn-fields, 
inclosures of meadows, or shall maliciously destroy any pro- 
perty whatsoever belonging to the inhabitants of the United 
States, unless by order of the then commander-in-chief of the 
forces in actual service, shall (besides such penalties as they 
are liable to by law,) be punished according to the nature 
and degree of the offence, by the judgment of a regimental 
or general court-martial. 

Art. 52. Whosoever, belonging to the forces in the ser- Forcing safe- 
vice of this Commonwealth shall force a safeguard, shall 
suffer death. 

Art. 58. Whosoever shall relieve the enemy with money, neueying enemy. 
victuals or ammunition, or shall knowingly liarbor or pro- 
tect an enemy, shall suffer death, or such other punishment 
as shall be ordered by the sentence of a court-martial. 

Art. 5-i. Whosoever shall be convicted of holding corres- informing ene- 
pondence with, or giving intelligence to, the enemy, either '^^' 
directly or indirectly, shall suffer death, or such other punish- 
ment as shall be ordered by the sentence of a court-martial. 

Art. 55. All public stores taken by the forces in the ser- Public stores of 
vice of this Commonwealth, in the enemy's camp, towns, toTblstate! ""'^ 
forts or magazines, whether of artillery, ammunition, cloth- 
ing, forage or provisions, shall be secured for the use of the 
Commonwealth ; for the neglect of which the commanding 
officer is to be answerable. 

Art. 56. If any commander of any garrison, fortress or ^g|"i*„'*^gurreT 
post, siiall be compelled, by the oflficers and soldiers under of fort or post. 
his command to give up to the enemy or to abandon it, the 
commissioned oflficers, non-commissioned oflficers or soldiers, 
who shall be convicted of having so offended, shall suffer 
death, or such other punishment as shall be inflicted upon 
them by the sentence of a court-martial. 

Art. 57. All sutlers and retainers to the camp, and all ^'^^l^'^J.'';;"' 
persons whatsoever, serving with the forces of this Common- '"**** *"' 



282 1864.— Chapter 301. 

wealth in the field, though net enlisted soldiers, are to be 
subject to orders, according to the rules and discipline of 
war. 
Breyet officers. Art. 58. Officcrs having brevets or commissions of a 
owtota eran . ^^-^^^ ^^^^ ^^ tliosc of tlic regimcut iu which they serve, may 
take place in courts-martial and on detachments, when 
composed of different corps, according to the ranks given 
them in their brevets or dates of their former commissions ; 
but in the regiment, troop or company to which such officers 
belong, they shall do duty and take rank both in courts- 
martial and on detachments which shall be composed of their 
own corps, according to the commissions by which they are 
mustered in the said corps. 
Officer highest in Att. 59. If, upou marchcs, guards or in quarters, differ- 
wh"e n coTp^ar^e" cut corps shall happen to join or do duty together, the officer 
joiued. highest in rank of the line of the forces of this Common- 

wealth by commission, there on duty or in quarters, shall 
command the whole, and give orders for what is needful to 
the service, unless otherwise specially directed by the com- 
mander-in-chief, according to tlie nature of the case. 
General courts- Art. 60. General courts-martial may consist of any 
bl^tocons^'t"'" number of commissioned officers, from five to tliirteen, 
inclusively ; but they shall not consist of less than thirteen 
where that number can be convened without manifest injury 
to the service. The president shall not be the commander- 
in-chief, nor the commanding officer of the army, detach- 
ment or garrison where the offender shall be tried, nor 
under the rank of a field officer. 
Commander may Art. 61. Tlic commander-in-cliief, or any general officer 
appoint. commanding a separate division, brigade or garrison, may 

Sentences to be appoint gcucral courts-martial whenever necessary. But no 
" "' '^'''"'" sentence of a court-martial shall be carried into execution 
until after the whole proceedings shall have been laid before 
the officer ordering the same, or the officer commanding the 
troops for the time being ; neither shall any sentence of a 
general court-martial, in the time of peace, extending to 
the loss of life, or the dismission of a commissioned officer, 
or which shall, either in time of peace or war, respect a 
general officer, be carried into execution, until after the 
whole proceedings shall have been transmitted to the adju- 
tant-general, to be laid before tlie commander-in-chief for 
his confirmation or disapproval and orders in the case. All 
other sentences may be confirmed and executed by the 
officer ordering the court to assemble, or the commanding 
officer for the time being, as the case may be. 



vpproved before 
execution 



186-1.— Chapter 301. 283 

Art. 62. Whenever a general officer commanding a sen- General courts- 

o c ai martial, how ap- 

arate army shall be the accuser or prosecutor oi any otticer pointed when 
in the forces of this Commonwealth under his command, the i'ng''army°isac° " 
general court-martial for the trial of such officer shall be '="'^"- 
appointed by the commander-in-chief. The proceedings and 
sentence of the said court shall be sent directly to the adju- 
tant-general, to be by him laid before the commander-in-chief 
for his confirmation or approval, or orders in the case. 

Art. 63. Every officer commanding a regiment or corps Regimental 

.,„'',. . . ° ^ , , . , courts-martial, 

may appoint, lor his own regiment or corps, conrts-martial, &c.,howap- 
to consist of three commissioned officers, for the trial and ^^'^^^' '"'^'^' 
punishment of offences not capital, and decide upon their 
sentences. For the same purpose, all officers commanding 
any of the garrisons, forts, barracks, or other places where 
the troops consist of different corps, may assemble courts- 
martial, to consist of three commissioned officers, and decide 
upon their sentences. Regimental courts-martial may also 
be held by the colonel of the regiment to which the offender 
belongs, or by some field officer of the regiment detailed 
for that purpose, who shall hear and determine the offence, 
and order the punishment that shall be inflicted ; and shall 
also make a record of his proceedings, and submit the same 
to the brigade commander, who, upon approval of the pro- 
ceedings of such officer, shall order the same to be executed : 
provided, that in the event of there being no brigade com- 
mander, the proceedings as aforesaid shall be submitted for 
approval to the commanding officer of the post. 

Art. 64. No earrison or regimental court-martial shall Jurisdiction of 

1 . Y . -1. ^ ■ ■ 1 ai garrison or regi- 

have the power to try capital cases or commissioned oiucers ; mental court, 
neither shall they inflict a fine exceeding one month's pay, 
nor imprison, nor put to hard labor, any non-commissioned 
officer or soldier for a longer time than one month. 

Art. 65. The judge-advocate, or some person deputed by cutyofjudge- 
hira, or by the general or officer commanding the army, 
detachment or garrison, shall prosecute in the name of the 
Commonwealth, but shall so far consider himself as counsel 
for the prisoner, after the said prisoner shall have made his 
plea, as to object to any leading question to any of the wit- 
nesses or any question to the prisoner the answer to which 
raigiit tend to criminate himself; and administer to each 
meml)cr of the court, before they proceed upon any trial, 
the following oath, which shall also be taken by all members 
of the regimental and garrison courts-martial : 

" You, A B, do swear tbat you will well and truly try and determine, Oath of members, 
according to evidence, the matter now before you, between the Connnon- 
wealth of Massachusetts and the prisoner to be tried, and that you will 



284 



1864.— Chapter 301. 



(Inly administer justice, according to the provisions of An Act establishing 
Rules and Articles for Governing the Troops of this Commonwealth and 
JVlilitia in Actual Service,' without partiality, favor or affection ; and if 
any doubt should arise, not explained by said articles, according to your 
conscience, the best of your understanding, and the custom of war in like 
cases ; and you do further swear that you will not divulge the sentence of 
the court until it shall be published by the proper authority ; neither will 
you disclose or discover the vote or opinion of any particular member of 
the court-martial, unless required to give evidence thereof, as a witness, 
by a court of justice, in a due course of law : So help you God." 

And as soon as the said oath shall have been administered 
to the respective members, the president of the court shall 
administer to the judge-advocate, or person officiating as 
such, an oath in the following words: 



Oath of judge. 



Proceedings if 
prisoner stands 
mute or evades. 



Challenge of 
members. 



Behavior and 
voting of courts. 



Oath of witncss- 



" You, A B, do swear, that you will not disclose or discover the vote or 
opinion of any particular member of the court-martial, unless required to 
give evidence thereof, as a witness, by a court of justice, in due course of 
law ; nor divulge the sentence of the court to any but the proper authority, 
until it shall be duly disclosed by the same : So help you God." 

Art. QQ. When a prisoner, arraigned before a general 
court-martial, shall, from obstinacy and deliberate design, 
stand mute, or answer foreign to the purpose, the court may 
proceed to trial and judgment, as if the prisoner had regu- 
larly pleaded not guilty. 

Art. 67. When a member shall be challenged by a pris- 
oner, he must state his cause of challenge, of which the 
court shall, after due deliberation, determine tlie relevancy 
or validity, and decide accordingly ; and no challenge to 
more than one member at a time shall be received by the 
court. 

Art. 68. All the members of a court-martial are to behave 
with decency and calmness; and, in giving their votes, are 
to begin with the youngest in commission. 

Art. 69. All persons who give evidence before a court- 
martial are to be examined on oath or affirmation, in the 
following form : 



" You swear, or affirm (as the case may be,) the evidence you shall 
give in the cause now in hearing shall be the truth, the whole truth, and 
nothing but the truth : So help you God." 



Depositions, ex- 
cept in capital 



Art. 70. On the trials of cases not capital, before courts- 
martial, the deposition of witnesses not in the line or staff 
of the army, may be taken before some justice of the peace 
and read in evidence : provided., the prosecutor and person 
accused arc present at the taking of the same or are duly 
notified thereof. 



1864.— Chapter 301. 285 

Art. 71. No officer shall be tried but by a general court- officers to be 

X- 1 1 ai c ■ t- ■ 1 T -i. I tried only by 

martial, nor by. officers of an inferior rank, ii it can be pencrai court- 
avoided. Nor shall any proceedings of trials be carried on, "'"'"*• 
excepting between the hours of eight in the morning and Hours of trials, 
three in the afternoon, excepting in cases which, in the 
opinion of the officer appointing the court-martial, require 
immediate example. 

Art. 72. No person whatsoever shall use any menacing Penalty for dis- 
words, signs or gestures, in presence of a court-martial, or mar^tiaf. ''°"''" 
shall cause any disorder or riot, or disturb their proceed- 
ings, on the penalty of being punished at the discretion of 
the said court-^martial. 

A?-t. 73. Whenever any officer shall be charged with a omcer charged 
crime, he shall be arrested and confined in his barracks, arrested.™^ '"^^ 
quarters or tent, and deprived of his sword by the com- 
manding officer. And any officer who shall leave his con- 
finement before he shall be set at liberty by his commanding 
officer, or by a superior officer, shall be cashiered. 

Art. 74. Non-commissioned officers and soldiers, charged soidiers, &c.,so 
with crimes, shall be confined until tried by a court-martial coufiu'ed'.'° 
or released by proper authority. 

Art. 75. No officer or soldier who shall be put in arrest conBnement not 
shall continue in confinement more than eiglit days, or until days.''^'"^ "^""^ 
such time as a court-martial can be asseml)led. 

Art. 76. No officer commanding a guard, or provost- oracer not to re- 

,,,,,„, . V '.'^ fu.«e custody of 

marshal, shall reiuse to receive or keep any prisoner com- prisoners. 
mitted to his charge by an officer belonging to the forces of 
this Commonwealth : provided, the officer committing shall, Proviso, 
at the same time, deliver an account in writing, signed by 
himself, of the crime with which tlie said prisoner is 
charged. 

Art. 11. No officer commanding a guard, or provost- Nottoreiea.se 
marshal, shall presume to release any person committed to o'utorder."^' ' 
his charge without proper authority for so doing, nor shall 
he suffer any person to escape, on the penalty of being 
punished for it by the sentence of a court-martial. 

Art. 78. Every officer or provost-marshal, to whose sbaii make re- 
charge prisoners shall be committed, shall, within twenty- TZlmMMto"'' 
four hours after such commitment, or as soon as he shall be ti^«'r ci^^rge. 
relieved from his guard, make report in writing to the com- 
manding officer, of their names, their crimes, and the names 
of the officers who committed them, on the penalty of being 
])unishcd for disobedience or neglect, at the discretion of a 
court-martial. 

Art. 70. Any commissioned officer convicted, before a oommis.Moned 

1 i. X- 1 r 1 , 1 • ,>• officer convicted 

general court-martial, ot conduct unbecoming an oihcer of unbecoming 
and a gentleman, shall be dismissed the service. conduct. 



286 



1864.— Chapter 301. 



Sentence of sus- 
pension may de- 
prive of pay. 



When CiishicreJ 
for cowardice or 
fraud, to be pub- 
lished. 



When there are 
not adequate 
officers at any 
post, court-mar- 
tial may be held 
elsewhere. 



Two-thirds vote 
necessary for cap- 
ital conviction. 



Not to be twice 
convicted. 



Offence to have 
been committed 
within two years, 
unless, &c. 



Pardon and miti- 
gation of sen- 
tence. 



Art. 80. In cases where a court-martial may tliink it 
proper to sentence a commissioned officer- to be suspended 
from command, they shall have power also to suspend liis 
pay and emoluments for the same time, according to the 
nature and heinousness of the offence. 

Art. 81. In all cases where a commissioned officer is 
cashiered for cowardice or fraud, it shall be added in the 
sentence, that the crime, name, and place of abode, and 
punishment of the delinquent, be published in the news- 
papers in and about the camp, and of the county, city and 
town from which the offender came, or where he usually 
resides ; after which it shall be deemed scaiidalous for an 
officer to associate with him. 

Art. 82. The commanding officer of any post or detach- 
ment, in which there shall not be a number of officers 
adequate to form a general court-martial, shall, in cases 
which require the cognizance of such a court, report to the 
commander-in-chief, who shall order a court to be assembled 
at the nearest post, and the party accused, with necessary 
witnesses, to be transported to the place where the said 
court shall be assembled. 

Art. 83. No person shall be sentenced to suffer death 
but by the concurrence of two-thirds of the members of a 
general court-martial, nor except in the cases herein 
expressly mentioned ; and no officer, non-commissioned 
officer, soldier or follower of the army, shall be tried a 
second time for the same offence. 

Art. 84. No person shall be liable to be tried and 
punished by a general court-martial for any offence which 
shall appear to have been committed more than two years 
before the issuing of the order for such trial, unless the 
person, by reason of having absented himself, or some other 
manifest impediment, shall not have been amenable to 
justice within that period. 

Art. 85. Every officer authorized to order a general 
court-martial shall have power to pardon or mitigate any 
punishment ordered by such court, except the sentence of 
death, or of cashiering an officer ; which, in the cases where 
he has authority by article sixty-two to carry them into exe- 
cution, he may suspend, until the pleasure of the commander- 
in-chief can be known ; which suspension, together with 
copies of the proceedings of the court-martial, the said 
officer shall immediately transmit to the commander-in- 
chief, for his determination. And the colonel or com- 
manding officer of the regiment or garrison where any regi- 
mental or garrison court-martial shall be held, may pardon 



1864.— Chapter 301. 287 

or mitigate any punishment ordered by such court to be 
inflicted. 

Art. 86. Every iudo-e-advocate, or person officiating as Proceedings of 

, , 1 , ,• 1 1 11 i^ •. -.1 general court- 

such, at any general court-martial, snail transmit, with as martial to be 

mucli expedition as the opportunity of time and distance of geuerai.'"''^"'^"*' 

place can admit, the original proceedings and sentence 

of such court-martial to the adjutant-general ; which said 

original proceedings and sentence shall be carefully kept 

and preserved in the office of said adjutant-general to the 

end that the persons entitled thereto may be enabled, upon 

application to the said office, to obtain copies thereof. 

The party tried by any general court-martial shall, upon Prisoner may 
demand thereof, made by himself, or by any person or ^^^'"''^^■ 
persons in his behalf, be entitled to a copy of the sentence 
and proceedings of such court-martial. 

Art. SI. In cases where the general or commanding courts of in- 

rr. 1 , o • ■ J. ••iii fl"iry. constitu- 

officer may order a court ot inquiry to examine into tlie tion, and powers 
nature of any transaction, accusation or imputati(3n against cu^ed!^''" °^ ^''" 
any officer or soldier, the said court shall consist of one or 
more othcers, not exceeding three, and a judge-advocate, or 
other suitable person, as a recorder, to reduce the proceed- 
ings and evidence to writing ; all of whom shall be sworn 
to the faithful performance of their duty. This court shall 
have the same power to summon witnesses as a court- 
martial, and to examine them on oath. But they shall not 
give their opinion on the merits of the case, excepting they 
shall be thereto specially required. The parties accused 
shall also be permitted to cross-examine and interrogate the 
witnesses, so as to investigate fully the circumstances in the 
question. 

Art. 88. The proceedings of a court of inquiry must be courts of in- 
authenticated by the signature of the recorder and the b^heid? an" pr"o- 
president, and delivered to the commanding officer; and the rutbenucat'ed. 
said proceedings may be admitted as evidence by a court- 
martial, in cases not capital or extending to the dismission 
of an officer, provided that the circumstances arc such that 
oral testimony cannot be obtained. But as courts of inquiry 
may be perverted to dishonorable purposes, and may be 
considered as engines of destruction to military merit, in 
the hands of weak and envious commandants, they are 
hereby prohibited, unless directed by the commander-in- 
chief or demanded by the accused. 

Art. 89. The judge advocate or recorder shall administer oatu of court, 
to the members the following oath : 

" You shall well and truly examiue and inc^uire, accordinp; to your evi- 
dence, into the matter now before you, without partiality, favor, adection, 
prejudice, or hope of reward : So help you God." 



288 



1864.— Chapter 301. 



Judge-advocate. After wliicli the president shall administer to the ju( 
advocate or recorder the following oath : 



Effects of de- 
ceased officer, 
how secured. 



Effects of non- 
commissioned 
officers and sol- 
diers, above arms 
and equipments. 



Persons in artil- 
lery or engineer 
service, subject 
to Kules and 
Articles. 



Crimes and of- 
fences not enu- 
merated, courts- 
martial to have 
cognizance. 



" You, A B, do swear that you will, according to your best abilities, 
accurately and impartially record the proceedings of the court, and the 
evidence to be given in the case in hearing : So help you God." 

The witnesses shall take the same oath as jvitnesses sworn 
before a court-martial. 

Art. 90. When any commissioned officer shall die or be 
killed in the service of the Commonwealth, the major of 
the regiment, or the officer doing the major's duty in his 
absence, or in any post or garrison, the second officer in 
command, shall immediately secure all his effects or equip- 
age, then in camp or quarters, and shall make an inventory 
thereof, and forthwith transmit the same to the office of the 
adjutant-general, to the end that his executors or adminis- 
trators may receive the same. 

Art. 91. When any non-commissioned officer or soldier 
shall die or be killed in the service of the Commonwealth, 
the then commanding officer of the troop or company shall, 
in the presence of two other commissioned officers, take an 
account of what effects he died possessed of, above his arms 
and accoutrements, and transmit the same to the office of 
the adjutant-general; which said effects are to be accounted 
for and paid to the representatives of such deceased non- 
commissioned officer or soldier. And in case any of the 
officers so authorized to take care of the effects of deceased 
officers and soldiers, should, before they have accounted to 
their representatives for the same, have occasion to leave 
the regiment or post, by preferment or otherwise, they shall, 
before they be permitted to quit the same, deposit in the 
hands of the commanding officer or of the assistant military 
agent, all the effects of such deceased non-commissioned 
officers and soldiers, in order that the same may be secured 
for, and paid to their respective representatives. 

Art. 92. All officers, conductors, gunners, matrosses, 
drivers, or other persons whatsoever, receiving pay or hire 
in the service of the artillery or engineers of the Common- 
wealth, shall be governed by the aforesaid Rules and 
Articles, and shall be subject to be tried by courts-martial, 
in like manner with the officers and soldiers of the other 
troops in the service of the Commonwealth. 

Art. 93. All crimes not capital, and all disorders and 
neglects which officers and soldiers may be guilty of, to the 
prejudice of good order and military discipline, though not 
mentioned in the foregoing articles of wai", are to be taken 



1864.— Chapter 302. 289 

cofirnizance of by a general or regimental court-martial, 
according to the nature and degree of the offence', and be 
punished at their discretion. 

^r^. 94. The commander-in-chief shall have power to uniform, gov- 
prescribe the uniform of the troops and militia of this scribe."""^ '"^^" 
Commonwealth. 

Art. 95. The foregoing Articles are to be read and pub- These articles to 

TIT . • i.1 J. • • be read seuii- 

lished, once in every six months, to every garrison, regi- annually to com- 
ment, troop or company in tlie service of the Common- '^^^^' 
wealtli, and are to be duly observed and obeyed by all 
officers and soldiers who are, or shall be in said service. 

Art. 96. In time of war, all persons not citizens of, or Aijens, acting as 
owing allegiance to, the United States of America, who ished. '"'^"" 
shall be found lurking as spies in or about the fortifications 
or encampments of the armies of this Commonwealth, or any 
of them, sliall suffer death, according to the law and usage 
of nations, by sentence of a general court-martial. 

Art. 97. Any officer, who shall refuse or neglect to Punishment if 
marcii to the place of rendezvous, to make any draft, or marchfmake 
disobey any lawful order in case of war, invasion or iiisur- ders"or°re''4tc'ivii 
rection, or who shall refuse or neglect to obey any precept i^^^^ or advise 
or order to call out the militia, or any order issued in 
obedience to such order, in case of any tumult, riot or mob 
of men acting together by force with intent to commit 
felony, or to offer violence to persons or property, or by 
force and violence to break and resist the laws of the 
Commonwealth, or shall advise or persuade any other officer 
or soldier to do the like, shall be cashiered, and punished 
by fine or imprisonment not exceeding six months. 

^r^98. If any non-commissioned officer, musician or Additional penai- 
private shall desert the service of this Commonwealth, he mu'sicundiisert 
shall, in addition to the other penalties herein before pro- ^"^''=^- 
vided, be liable to serve for and during such a period as 
shall, with the time he may have served previous to his 
desertion, amount to tiie full terra of the service for which 
he was held ; and he may be tried by court-martial and 
punished, altliough the term of service for which he was 
held may have elapsed previous to his being apprehended 
and tried. 

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

Approved May 14, 1864. 

An Act in relation to writs of entry. Chap. S02 

Be it enacted, §x., as follows. • 

Section i. When the demandant in a writ of entry is •Tu:ig";eni; and 

. J writ oi seism 

found entitled to judgmeftt, the court may allow him to maybeaiiowed 
37 



290 1864.— Chapter 303. 

before assessment havG tliG samc, and lus Writ of seisiii thereon, before the 
amages. gm^^g ^yxQ for reuts and profits or other damages, or for 
improvements, liave been assessed. 
Claim of tenant tsECTiON 2. When the tenant has entered on the record 
ments^Trequire the suggestion of a claim for improvements, the demandant, 
security of de- bcforo taking out his writ of seisin, shall furnish such secu- 

mandant. . P > n i , 

rity or pay into court such sum oi money, as the court may 
order for the purpose of securing to the tenant the payment 
of any balance that may be found due to him for such 
improvements. 
Balance found ^ECTION 3. If a balaucc is found due to the tenant, for 
recovered.'' ^""^ such improvcmeuts, he may have judgment and execution 
therefor, or he may collect tiie same, with all reasonable 
costs and expenses of such collection, out of the security 
furnished, or receive the same out of the money paid into 
court, the residue of which shall be returned to the 
demandant. Approved May 14, 1864. 

Chap. 303 ^^ -^^"^ ^"^ RELATION TO THK STATE PRISON. 

Be it enacted, ^c, as follows: 

Inspectors to re- SECTION 1. The iuspectors of the state prison shall 

port annuf"" - - . _ .. . . _ _ 

liabilities, 



port annuajiy^,^^ aunually, beforc the fifteenth day of December, make a 



estimate of neces- bcforc the legislature, in print, in the month of January 

ation''ft)?'^^ns"ing followiug. Tlic rcport sliall embrace a statement, which 

*'*''''■ shall be made to them by tlie warden, of the general 

condition of the prison, the amount of its liabilities and 

of outstanding claims, giving the names of the persons 

indebted,, the sum due from each, and when payable. 

It shall contain a detailed account of the expenditures for 

the prison ; the names, position, pay and allowances of the 

several officers and employees ; a copy of all contracts made 

within the current year ; the sum received for the labor of 

prisoners, giving the names of contractors for whom the 

labor was performed, the kinds of labor, the number of days 

and pay per day, of each ; and also the actual average cost 

of the support of each inmate. Tlie said inspectors shall 

also present in said report, an estimate of the sum that will 

be required to meet the expenses of the prison for the 

following year, specifying separately the amount for salaries, 

for subsistence, for clothing, for bedding, for fuel, for repairs 

and for incidentals, together with an estimate of the probable 

income from labor and from all other sources. 

Appropriation to SECTION 2. Au auuual appropriation shall be made from 

ce\pts*ltpH'loT the treasury for the support of^the state prison; and all 

r month i'"""'**"" receipts for labor of prisoners, and for articles sold at the 



1864.— Chapters 304, 305. 291 

same, shall, as often as once in each month, be paid over 
to the treasurer of the Commonwealth, who shall receipt 
for the same. 

Section 3. The salaries and pay of all officers and pelTditu^stay- 
employees at the state prison, and the payment of all bills abie monthly" by 
for supplies and for other expenditures for said prison, "■"'**"'''"■■ 
shall be paid monthly from the treasury of the Common- 
wealth, the same having first been certified by the auditor, 
upon schedules, (accompanied by vouchers,) enumerating 
the bills and pay-rolls. The name of each officer and his 
position, the amount of his pay and the sum due to him, 
shall be borne on the pay-roll, which together with the 
several bills, shall be certified by the .warden and bear the hUHtobe^Mti- 
approval of at least two of the inspectors of the prison. fic*by inspec- 
A record in full of the pay-rolls and bills, shallbe made by Record of cierk 
the clerk in a book kept for the purpose at the prison, and auditor"' '''''' 
the originals deposited with the auditor as vouchers. 

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

Approved May 14, 1864. 

An Act. in relation to witnesses. Chap. 304 

Be it enacted, §'c., as follows : 

Section 1. The fourteenth section of the one hundred Representative 
and thirty-first chapter of the General Statutes is hereby so suUs'cVmp^et'e'nt 
far amended as that executors, administrators, guardians, oMeathoHnTan- 
trustees, assignees, and all other persons acting only in a '"^y of original, 
representative capacity, who are parties to any civil action 
or proceeding as therein defined, shall be competent wit- 
nesses for themselves or any other party, notwithstanding 
the death or insanity of one of the original parties to the 
contract or cause of action in issue. 

Section 2. If either party to a suit or proceeding shall u.-se of deceased 
give his deposition in his own behalf and subsequently die tionCauowVes- 
or become insane, and such deposition shall be admissible p^,!""^"^"'''" 
and actually used in evidence at the trial after such decease 
or insanity occurs, the other party shall be admitted to 
testify. 

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

Approved May 14, 1864. 

An Act concerning dogs owned in gay head. Chan 305 

Be it enacted, ^c, as follows: ' 

All the provisions of the act of the year one thousand Act of 64 to ap- 
eight hundred and sixty-four entitled " An Act concerning Kiead."" "^ 
dogs and for the protection of sheep and other domestic 
animals," shall apply to the district of Gay Head. And 



292 



1864.— Chapters 306, 307. 



Chap. 306 



Persons holding 
flats may have 
lines determined. 



May apply to S. 
J. court as to 
ownership. 



Proceedinp;s 
upon petitions. 



said district shall, so far as relates to the provisions of said 
act, be deemed a part of the town of Chilmark. 

Approved May 14, 1864. 

An Act concerning the division op flats. 
Be it enacted, Sfc, as follows : 

Section 1. Persons holding lands or flats adjacent to or 
covered by high water, may have the lines and boundaries 
of their ownership in such flats settled and determined in 
the manner hereinafter provided. 

Section 2. One or more of the persons holding lands or 
flats adjacent to or covered by high water, may api)ly by 
petition to the supreme judicial court for the county in 
which the same lie for the settlement and determination of 
ownership in such flats. 

Section 3. The proceeding upon such petitions shall be 
according to the third, fourth, fifth, sixth, seventh, eighth, 
ninth, tenth, eleventh, twelfth, thirteenth, fifteenth, six- 
teenth, seventeenth, eighteenth, nineteentli, twentieth, 
twenty-first, twenty-second, twenty-third, twenty-fourth, 
twenty-ninth, thirty-second, thirty-eighth, thirty-ninth, 
forty-first, forty-fourth, forty-fifth, forty-sixth and forty- 
seventh sections of the one hundred and thirty-sixth chapter 
of the General Statutes, so far as the same are applicable to 
the proceedings under this act. 

Section 4. No proceedings, and no settlement or deter- 
mination of any lines or boundaries of ownership, under the 
provisions of this act, shall aff'ect any rights or title of the 
Commonwealth, to any flats or lands, nnless the Common- 
wealth consents to become a party to the proceedings. 

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

Approved May 14, 1864. 
Chap. 307 -A^N Act concerning returns of sheriffs, keepers of .jails 

AND HOUSES OF CORRECTION, AND OVERSEERS OF THE POOR. 

Be it enacted, Sfc.,' as follotvs : 

Section 1. The secretary of the board of state charities 
shall furnish, from time to time, to the keepers of the 
several prisons and workhouses throughout the Common- 
wealth, including the state prison and the houses of 
industry, reformation and correction in the city of Boston, 
the following blank schedule for periodical returns, which 
sliall be made weekly from all prisons where the commit- 
ments average ten a week and upwards ; monthly from all 
prisons where the commitments average between two and 
ten a week ; and once in six months from all other 
prisons : 



Rights of Com- 
monwealth not 
to be affected 
unless a party. 



Secretaiy of 
board of state 
charities to fur- 
nish schedule for 
returns of pri.-tons 
and workhouses. 



1864.— Chapter 307. 293 

Admissions. — Registered number ; name ; color ; age ; sex ; birthplace ; Schedule. 
parents both Americans ; parents both temperate ; parents both or either 
convicts ; ever married ; intemperate ; what education ; what property ; 
ever in army or navy ; ever in reform school ; when committed ; why 
committed ; number of former commitments ; when discharged ; how 
discharged ; length of sentence ; number of days sick ; number of times 
punished in prison. 

Discharges. — Registered number ; name ; when committed ; why com- 
mitted ; when discharged ; how discharged ; time in prison ; number of 
days sick ; number of times punished in prison ; number remaining by 
last report; number committed since last report; number discharged; 
number transferred from other jails, &c. ; number transferred to other 
jails, &c. ; number now in confinement. 

Section 2. The said secretary shall also furnish the sheriffs, directors 
sheriffs of the several counties, the board of directors for uonsan'dwa"" 
public institutions of the city of Boston, and the warden of re?urns'of^"'°°' 
the state prison, with the following blank schedule for 
annual returns, to be made on the first day of October in 
each year, and lodged with the said secretary before the 
fifteenth of October : 

1. Names and salaries of every officer employed and paid in and about Schedule. 
the prison. 

[Name.] [Duty.] [Salary.] 

2. Sum expended for provisions. 3. Sum expended for clothing. 4. 
Sum expended for fuel and light. 5.' Sum expended for beds and bed- 
ding. 6. Sum expended for medicine and medical attendance. 7. Sum 
expended for instruction of prisoners. 8. Sum allowed to discharged 
prisoners. 9. Sum allowed to witnesses. 10. Sum expended for all 
other purposes. 11. Total amount expended. 12. Amount received for 
labor of prisoners. 13. Nature of instruction given. 14. Number of 
volumes in the prison library. 15. Number of prisoners vaccinated. 

16. Number of persons committed for non-payment of fine and costs. 

17. Number of persons who paid fine and ^costs. 18. Amount received 
for fines and costs. 

Section 3. The board of county commissioners in any county commis- 
county, when applied to therefor by the sheriff, shall make "^^^Z'^^lS 
a return to him on or before the tenth day of October, of "'"'fj'^«'»'«- 

,1 Till . 1 , . 1 quested. 

the amount expended by them, or with their approval, to 
provide all necessary supplies for the jails and houses of 
correction, necessary to enable him to comply with the 
requirements of the preceding section. 

Section 4. Every sheriff or prison officer who omits to Penalty if officer 
make and transmit, according to the provisions of this act, [urn.° ""^^^ "*" 
true answers to the inquiries contained in the schedules, 
and every director or county commissioner, when his board 
omits to make and transmit such answers, shall forfeit one 
hundred dollars. 

Sections. The secretary, when he finds that a sheriff, Procrodingsun- 
county commissioner or director is liable to a forfeiture fLrfJuure.'^ '" 
under tlic provisions of this act, shall forthwith notify the 



294 1864.— Chapter 30 



district-attorney for tlie district in which such sheriff or 

director resides, who shall immediately institute a complaint 

therefor; and the forfeiture recovered shall be applied by 

the county for the relief of discharged convicts. 

Directors public SECTION 6. The board of directors for public institutions 

Boston^aTd over- and tlic ovcrsccrs of the poor in the city of Boston, and the 

tu'TDVofl'semi-''' overseers of the poor in the other cities and towns shall, 

annually. twico ill the year, namely, on the first day of March, and 

the first day of October, prepare and return to the secretary 

of the board of state charities full answers to the following 

schedules of questions : 

Schedules. Paupers Fully Supported. — Registered number ; name ; color ; age ; 

sex ; birthplace ; naturalized or not ; settlement in the town ; able to 
perform labor ; intemperate ; insane or idiotic ; when registered as pauper ; 
where supported ; ceased to be supported ; average weekly cost. 

Persons Relieved and Partially Supported. — Registered number ; 
number in family ; color ; age ; sex ; birthplace ; came into the state ; 
naturalized or not ; settlement in the town ; intemperate ; insane or 
idiotic ; when aided ; ceased to be aided ; residence when aided ; whole 
amount paid. 

Travellers Lodged and Persons Sent to the State Almshouse. — Name ; 
date ; color ; age ; sex ; height ; complexion ; sent to state almshouse. 

General in terrog- SECTION 7. Duriug the moutli of September, the secr6- 
iTpoor°annu"ai taiy of the board of state charities shall furnish to the 
returns. officcrs uamcd in the sixth section, the following schedule 

of general interrogatories, to be answered by them on the 
first of October, and returned in the form of a statement 
under oath to the secretary of the board ^of state charities, 
on or before the tenth of October : 

Schedule. 1. Has your town an almshouse ? 2. If not, in what manner are your 

paupers provided for ? 3. If so, how long has it been built; what are its 
dimensions, number of rooms, and number of windows ? 4. How much 
land is connected with it ? 5. What is the estimafted value of your alms- 
house property ? (1) Value of real estate ? (2) Value of personal 
property ? 6. What sum has been paid during the present year for the 
superintendence of your almshouse property ? 7. What further sum, if 
any, has been paid by the town for the support of the poor at the alms- 
house ? What sum for the support of the poor out of the almshouse ? 
8. What is the estimated value of the labor performed by your almshouse 
poor during the past year ? 9. What number of persons have been 
pro^'ided for under section twenty-five, chapter seventy-one, of the 
General Statutes? 10. How many state paupers have been sent to 
state almshouses? 11. What have been the whole number, and what 
the average number of paupers fully supported at your almshouse during 
the year ? 12. How many of these have been vaccinated ? 

Repeal. SECTION 8. Chapter two hundred and twenty, and the 

first, second and third sections of chapter one hundred and 
twelve of the acts of eighteen hundred and sixty-two, and 
also so much of the General Statutes as is inconsistent with 
this act, arc hereby repealed. Approved May 14, 1864. 



1864.— Chapters 308, 309. " 295 

Ax Act relating to receivers of insurance companies. Chap. 308 
Be it enacted., &,'c., as follows: 

Section 1. Receivers of insurance companies, appointed Receivers to re- 

1 . . /. , . -Ill i> , n\ port annually to 

under the provisions oi tlie sixty-eightli chapter oi the Uen- insurance com- 
eral Statutes, shall report to the insurance commissioners, '"'^^'°°®'^^- 
annually, in such form as' the commissioners shall prescribe, 
on or before the fifteenth day of November, and as much 
oftener as they may direct ; and such reports or abstracts 
therefrom shall be incorporated into the annual report of 
the commissioners to the legislature. 

Section 2. Whenever in the opinion of the commission- s.j. court may 
ers, further efforts to collect an assessment will not afford uptn^ceTtSte'^' 
substantial relief to creditors, they shall certify the fact to sfonerT*"' 
the supreme judicial court, which, after public, notice and 
hearing of the parties interested, may order the receivers to 
make a final report. 

Section 3. All accounts rendered by the receivers to the Accounts of 
supreme judicial court shall be referred to the commis- whom referred 
sioners who shall carefully examine the same and report '*"'! «^ammea. 
thereon to the court, and the court may make all such 
orders and decrees in the premises as to law and justice 
shall appertain. 

Section 4. The compensation of the receivers and their compensation. 
expenses, other than costs of court, shall not exceed twenty- 
five per cent, of assessments collected and five per cent, of 
the proceeds of any assets of the company other than pre- 
mium notes : provided^ hoicever, that in the case of receivers Proviso, 
heretofore appointed, the amount of compensation to be 
allowed to them for past services shall rest in the discretion 
of the supreme judicial court. 

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

Approved May 14, 1864. 
An Act requiring the construction of a draw in the bridge Chap. 309 

I5UILT BY the FALL RIVER AND WARREN RAILROAD COMPANY 
OVER COLES RIVER. 

Be it enacted, §'c., as follows: • 

Section 1. If the Fall River and Warren Railroad Com- constructionre- 
pany build a bridge over Coles River in Swanzey, said bwage iTbum. 
bridge shall be constructed with a draw over the channel of 
said river at least thirty feet wide, and the said railroad 
company shall be held liable to keep said draw in good company to keep 
repair, and to open the same when required so as to afibrd hLveteu7er!^ 
all reasonable and proper accommodation for vessels having 
occasion to pass through the same. 

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

Approved May 14, 18G4. 



296 



1864.— Chapter 310. 



Chap. SIO 



Act of 1840, ch. 
35, amended. 



Line established. 



Act of 1847, ch. 
278, amended. 



Line established. 



Act of 1856, ch. 
29.3, § 2 repealed, 



Lines in South 
Bay established. 



An Act to change certain harbor lines in the south bay 

AND fort point CHANNEL. 

Be it enacted, ^'c, as folloios : 

Section 1. The second section of the thirty-fifth chapter 
of the acts of the year eighteen hundred and forty, is hereby 
amended by striking out all after the words " to the east 
end of the same," near the end of said section, and substi- 
tuting the following, viz. : The said line then extends two 
hundred fifty-six feet straight, so as to form an angle with 
said bridge of seventy-five degrees ; thence on an arc of a 
circle of six hundred feet radius, a distance of five hundred 
feet, to a point three hundred and eighteen feet from and 
perpendicular to the west side of Mount Washington Avenue; 
thence in a straight line and tangent to said arc, in a north- 
erly direction, in such position, that if continued straight, it 
shall not approach within six hundred feet of Arch Wharf. 

Section 2. The fourth section of the two hundred sev- 
enty-eighth chapter of the acts of the year eighteen hundred 
forty-seven is hereby amended by striking out so much of 
said section as relates to the " eleventh line," and substi- 
tuting the following, viz. : The eleventh line is on the 
westerly side of the cliannel and is drawn from the southerly 
corner of Miller and Nason's wharf, southerly in a direction 
at right angles with the south bridge across the same, to a 
point eighteen hundred and twenty feet distant therefrom; 
thence on an arc of a circle of seventeen hundred feet radius, 
a distance of eight hundred feet, to a point in the twelfth 
line, and tangent thereto. 

Section 3. The second section of the two hundred ninety- 
third chapter of the acts of the year eighteen hundred fifty- 
six is hereby repealed, and the following is substituted 
therefor, viz. : The lines in South Bay commence at the 
mouth of the Koxbury canal in the town of Roxbury, at the 
north-westerly corner of the stone wall, thence running 
easterly on an arc of a circle of seventeen hundred feet 
radius, a distance of one hundred and sixty feet to a point 
one hundred and thirty-one feet distant from the terminus 
of the "• twelfth line," as described in the fourth section of 
the two hundred seventy-eighth chapter of the acts of the 
year eighteen hundred forty-seven, and perpendicular there- 
to ; thence easterly, on an arc of a circle of seventeen 
hundred feet radius, a distance of sixteen hundred and 
fil'ty-two feet, to the most north-easterly corner of Heath and 
Comj)any's wharf; thence along the present line of said 
wharf, to the most south-easterly corner of the same; thence 
seven hundred and seven feet in the direction of a line 



1864.— Chapter 311. . 297 

drawn from the last-mentioned corner, to a point on the 
south-easterly rail of the Boston, Hartford and Eri'e Rail- 
road bridge, which point is distant forty-nine hundred and 
eighty-seven feet south-westerly from the south-westerly rail 
^ of the Old Colony Railroad bridge, measuring on the said 
south-easterly rail ; thence on an arc of a circle of six hun- 
dred feet radius, a distance of eighteen hundred and eighty- 
four feet, to a point eleven hundred and thirty-two feet 
distant from the westerly side of Dorchester Turnpike and 
perpendicular thereto, and at a point five hundred and 
twenty feet southerly from the intersection of the westerly 
side of Dorchester Turnpike and the westerly side of Dor- 
chester Street ; thence in a straight line to the so^itherly 
terminus of the " tenth line," as described in the fourth 
section of the two hundred seventy-eighth chapter of the 
acts of the year eighteen hundred forty-seven. 

Section 4. The lines established by this act, so far as pian of harbor 
they vary from existing lines, are indicated by red lines ''°'"™'"°°^'^*- 
upon plan C, annexed to tiie report of the commissioners on 
harbors and flats, made the present session and printed in 
senate document number one hundred and twenty-five. 

Sfxtion 5. So much of the railroad of the Boston, Hart- Boston, Hartford 
. ford and Erie Railroad Company as is located outside of the how c"n™ucted 
harbor lines established by law in the South Bay and so "'''''"'°p°'"''- 
much thereof as is located upon the South Boston flats inside 
the commissioners' lines of solid filling, shall be constructed 
upon solid filling, or upon piles, as shall be determined by 
the governor and council. 

Section 6. The provisions of the sixth, seventh and ninth Aetofisse.ch. 
sections of the two hundred ninety-third chapter of the acts *°*ppy- 
of the year eighteen hundred fifty-six, shall apply to the 
lines established by this act. 

Section 7. Nothing contained in this act shall affect or J^'^'afJ' * i^°g*^^* 
take away the legal rights of any person or corporation 
unless a reasonable compensation shall have been previously 
made or provided therefor. Approved May 14, 1864. 

L. . 

An Act concerning the inspectors of prisons. C/ww. 311 

Be it enacted, §c., as follows: 

Section 1. The sixty-second section of chapter cfne General statutes, 
hundred and seventy-eight of the General Statutes is "^ta^"' "^ 
amended by striking therefrom the following words, viz.: 
" and in the county of Suff'olk the judge of the probate court 
and the justices of the police court." 

Section 2. The sixty-fifth section of the same chapter is 
repealed. 

38 



298 



1864.— Chapter 312. 



C%>.312 



Town of Matta- 

poisett. 



Charlotte E. 
Myers. 



"Win. R. Black 
and S. G. Blan- 
din. 



Sally Burr. 



Sally and James 



City of] 
burial expenses 
at Gettysburg. 



Governor's mes- 
senger. 



Nelly Joseph. 



Marsbpeeln- 



Section 3. This act shall take effect on the first day of 
July. • Approved May 14, 1864. 

An Act making appropriations to meet certain expenditures 

authorized the present year, and for other purposes. 
Be it enacted, ^'c, as follows: 

Section 1. The suras hereinafter mentioned are appro- 
priated and shall be paid out of the treasury of this Com- 
monwealth, 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 tlte resolve, chapter four, in favor of the town of Matta- 
poisett, for the purchase of weights, measures and balances, 
a sum not exceeding two hundred dollars. 

In the resolve, chapter six, in favor of the guardian 
of the Punkapoag Indians, for the benefit of Charlotte E. 
Myers, the sum of fifty-two dollars. 

In the resolve, chapter seven, in favor of William R. 
Black and Simeon G. Blandin, the sum of forty-nine dollars 
and twenty-four cents. 

In the resolve, cliapter eight, in favor of the guardian of 
the Punkapoag Indians, for the benefit of Sally Burr, of 
Cambridge, the sum of fifty-two dollars. 

In the resolve, chapter nine, in favor of the guardian of 
the Punkapoag Indians, for the benefit of Sally and James 
Burr, of Boston, the sum of fifty-two dollars. 

In the resolve, chapter ten, in favor of the city of Boston, 
for the reimbursement of burial expenses at Gettysburg, a 
sum not exceeding one thousand sixty-one dollars and 
twenty-three cents. 

In the resolve, chapter thirteen, in favor of the town of 
Waltham, for rent of armory, the sum of three hundred 
dollars. 

In the resolve, chapter fifteen, in favor of the guardian of 
the Punkapoag Indians, for the benefit of Rebecca Davis, 
the sum of fifty dollars. 

In the resolve, chapter seventeen, for the salary of the 
messenger to the governor and council, two hundred dollars, 
in addition to the sum heretofore appropriated. 

In the resolve, chapter eighteen, in favor of Barnard C. 
Marchant, for the support of Nelly Joseph, a sum not 
exceeding fifty dollars. 

In the resolve, chapter nineteen, in favor of the treasurer 
of ]\Iarshpee, for medical attendance on Indians, a sum not 
exceeding one hundred dollars. 



1864.— Chapter 312. 299 

111 the resolve, chanter twenty-one, in favor of the srnar- chappequiddic 

, . ,. , ^, .11. , /^, . .. , T !•• f and Ohnstian- 

dian of the Chappequiddic and Chnstiantovvn Indians, tor town, 
the support of schools among said tribe, the sura of one 
hundred and four dollars, to be paid from the income of the 
Massachusetts school fund. 

In the resolve, chapter twenty-two, in favor of the treas- Marshpee 
urer of Marshpee, for the support of schools in said district^ 
the sum of seventy-five dollars, to be paid from the income 
of the Massachusetts school fund. 

In the resolve, chapter twenty-six, in favor of the city of city of New Bed- 
New Bedford, for the reimbursement of military expenses ^°'"'^' 
incurred in eighteen hundred and sixty-three, a sum not 
exceeding two thousand seventy-nine dollars and forty-four 
cents. 

In the resolve, chapter twenty-seven, in favor of W. H. w.h. Luce and 
Luce and D. A. Cleveland, for medical attendance on ' ' '''^*''"' ' 
Indians, a sum not exceeding one hundred thirty-nine dol- 
lars and eighty-six cents. 

In the resolve, chapter twenty-eight, in favor of William wm. Leach. 
Leach, for medical attendance on Indians, a sum not exceed- 
ing sixty-seven dollars and seventy-five cents. 

In the resolve, chapter twenty-nine, in favor of the over- jemima Easton. 
seers of the poor of tlie town of Tisbury, for the benefit of 
Jemima Easton, a sum not exceeding one hundred and four 
dollars. 

In the resolve, chapter thirty, in favor of the town of Town of Halifax. 
Halifax, the sum of one hundred four dollars and eighty 
cents. 

In the resolve, chapter thirty-one, for the suppression of supprepsion of 
counterfeiting, a sum not exceeding fifteen hundred dollars. "^^^ r""ng- 

In the resolve, chapter thirty-two, in favor of the select- selectmen of 
men of Spencer, for the benefit of the family of Charles ^i''^"'^'''"- 
Allen, the sum of three hundred and twenty-five dollars. 

In the resolve, chapter thirty-three, in favor of Davis Davis Kingman. 
Kingman, for loss of cattle, the sum of two hundred and 
forty dollars. 

In the resolve, chapter thirty-four, in favor of Levi Baker Levi Baiter and 
and others, a sum not exceeding one hundred and fifty/' 
dollars. 

In the resolve, chapter thirty-five, in favor of the town of Townofiiing- 
Hingham, for rent of armory, the sum of sixty dollars. 

In the resolve, chapter thirty-seven, for the extirpation of Extirpation cat- 
the cattle disease, a sum not exceeding twenty thousand "" 
dollars. 

In the resolve, chapter thirty-eight, for the support of p<»fn>ut«s, sup- 
deaf mutes at the American asylum in Hartford, a sum not '"" ' 



300 



1864.— Chapter 312. 



Gay Head Indi- 
ans, for schools. 



City of Bcston, 
military ex- 
penses. 



B. C. Marchant. 



E. Mayberry. 



Lunatic hospi- 
tal, Worcester. 



Town of Caryer. 



Margaret Lind- 
burg. 



Town of Pitts- 
field. 



Watchmen and 
assistant-mes- 
senger of gover- 
nor. 



Clarissa Adams. 



J. Stewart Brown 
and others 



Selectmen of .\n- 
dover. 



Rhoda M.Taylor. 



exceeding forty-five hundred dollars in addition to the 
appropriation heretofore made. 

In the resolve, chapter thirty-nine, for the support of 
schools among the Gay Head Indians, the sum of one hun- 
dred and forty-nine dollars, to be paid from the income of 
the Massachusetts scliool fund. 

In the resolve, chapter forty, in favor of the city of 
Boston, for reimbursement of military expenses incurred in 
eighteen hundred and sixty-three, a sum not exceeding 
seven thousand three hundred and forty-eight dollars. 

In the resolve, chapter forty-one, in favor of Moses 
Brown, for medical attendance on Indians, the sum of eighty 
dollars. 

In the resolve, chapter forty-two, in favor of B. C. Mar- 
chant, for the support of an Indian pauper, the sum of 
twelve dollars. 

In the resolve, chapter forty-three, in favor of E. May- 
berry, for medical attendance on Indians, the sum of seventy 
dollars and sixty-nine cents. 

In the resolve, chapter forty-four, in favor of the Worces- 
ter lunatic hospital, a sum not exceeding four thousand 
dollars. 

In the resolve, chapter forty-.five, in favor of the town of 
Carver, for rent of armory, the sum of thirty-one dollars. 

In the resolve, chapter forty-seven, in favor of Margaret 
Lindburg, on account of a soldier's bounty, the sum of three 
hundred and twenty-five dollars. 

In the resolve, chapter forty-eight, in favor of the town of 
Pittsfield, for rent of armory, the sum of one hundred 
dollars. 

In the resolve, chapter forty-nine, for the salaries of 
watchmen of the state house and of the assistant-messenger 
to the governor and council, a sum not exceeding nine 
hundred dollars in addition to former appropriations. 

In the resolve, chapter fifty, in favor of Clarissa Adams, 
on account of a soldier's bounty, the sum of three hundred 
and twenty-five dollars. 

In the resolve, chapter fifty-one, in favor of J. Stewart 
Brown and others, on account of military services, the sum 
of eleven hundred and thirty dollars. 

In the resolve, chapter fifty-two, in favor of the selectmen 
of Andover, for the benefit of the family of John Donnelly, 
the sum of three hundred and twenty-five dollars. 

In the resolve, chapter fifty-three, in favor of the select- 
men of Westport, for the support of Rhoda M. Taylor, the 
sum of fifty dollars. 



1864.— Chapter 312. 301 

In the resolve, chapter fifty-four, in favor of the Massa- Eye and ear in- 
cliusetts charitable eye and ear infirmary, the sura of twenty- 
five hundred dollars. 

In the resolve, chapter fifty-five, in favor of the Washing- washingtonian 
tonian home, the sum of four thousand dollars. 

In the resolve, chapter fifty-six, in favor of the Perkins ^,1^'^^°* ^""^ *•*" 
institution and Massachusetts asylum for the blind, the sum 
of four thousand dollars in addition to the appropriation 
heretofore made. 

In the resolve, chapter fifty-seven, in favor of the dis- oischarced soi- 

1 T1T11 1 r»i Till 'I"''' ^ lioffle. 

charged soldier s home, the sum of ten thousand dollars. 

In the resolve, chapter sixty, in favor of H. E. McCollum, u. e. McCouum. 
the sum of one hundred and thirty-five dollars, for medical 
attendance on Indians. 

In the resolve, chapter sixty-one, in favor of Walter C. waiter c. smith. 
Smith, the sum of two hundred dollars. 

In the resolve, chapter sixty-three, in favor of Charles charies cassUy. 
Cassily, the sum of one hundred dollars. 

In the resolve, chapter sixty-four, in favor of Franklin FrankUnMorgan. 
Morgan, the sum of thirteen hundred dollars, for damages 
sustained by the breaking of a dam on the state almshouse 
farm at Monson. 

In the resolve, chapter sixty-five, for the purchase of an schooiship. 
additional ship for the nautical branch of the state reform 
school, a sum not exceeding twenty thousand dollars, paya- 
ble upon original bills rendered to the state auditor in the 
same manner as for current expenses of said institution. 

In the resolve, chapter sixty-seven, for expenses of the Allotment com- 
allotment commissioners, a sum not exceeding eighteen ™'*'"°°"^- 
hundred dollars. 

In the resolve, chapter sixty-two, in favor of Margaret Margaret Hub- 
Hubbard, the sum of three hundred and twenty-five dollars. ''"'^' 

In the resolve, chapter sixty-eight, for the replacement of nepiacement of 
flags, a sum not exceeding two thousand and eighty-three ''°^' 
dollars. 

In the resolve, chapter sixty-nine, in favor of the city of cityofworccs- 
Worcester, for rent of armories, the sum of five hundred '"' 
and seventy-five dollars. 

In the resolve, chapter seventy, in favor of Charles T. chariesT.carret. 
Garret, the sum of one hundred dollars. 

In the resolve, chapter seventy-one, in favor of George L. oeorgeL. Dun- 
Dunbar, for military services, the sum of seventy dollars. 

In the resolve, chapter seventy-two, in favor of Moses S. Moses s.uerrick. 
Hcrrick, for injuries received in military service, the sum of 
three hundred dollars. 



302 



1864.— Chapter 312. 



Henry Stearns. 



Inspectors alms- 
house at Mousoa. 



Lunatic hospital, 
Northampton. 



Insane, Tewks- 
bury almshouse. 



A. D. Bullock. 
Wm. Schouler. 



National ceme- 
tery. 



Chaplains, door- 
keepers and mes- 
sengers. 



Messenger of sec- 
retary. 



Amos Butler. 



Selectmen of 
Westport. 



Officers state 
prison. 

Reform school, 
for heating appa- 
ratus. 



Moses W.Chapin. 



In the resolve, chapter seventy-three, in favor of Benjamin 
H. Wilson, for military services, tlie sum of sixty dolhirs. 

In the resolve, chapter seventy-five, in favor of Henry 
Stearns, for the funeral expenses of Seidell Jennings, the 
sum of two hundred and fifty-one dollars. 

In the resolve, chapter seventy-six, in favor of Charles 
Brigham, for the benefit of John Hecktor, the sum of tvs^o 
hundred dollars. 

In the resolve, cliapter seventy-seven, in favor of the 
inspectors of the state almshouse at Monson, for the erec- 
tion of a barn at said institution, a sum not exceeding two 
thousand dollars. 

In the resolve, in favor of the trustees of the state lunatic 
hospital at Northampton, a sum not exceeding thirteen 
thousand six hundred six dollars and eighty-one cents. 

In the resolve to provide accommodations for insane 
persons at the state almshouse at Tewksbury, a sum not 
exceeding ten thousand dollars. 

In the resolve, in favor of A. D. Bullock, for expenses of 
medical attendance, the sum of fifty dollars. 

In the resolve, in favor of William Schouler, for extra 
services in the preparation of his annual report, the sum of 
five hundred dollars. 

In the resolve, concerning the national cemetery, a sum 
not exceeding four tho-usand three hundred twenty-eight 
dollars and seventy-seven cents. 

In tiie resolve, in favor of the door-keepers, messengers, 
pages and chaplain to the legislature, a sum not exceeding 
four thousand dollars. 

In the resolve, in favor of the messenger of the secretary 
of the Commonwealth, a sura not exceeding two hundred 
dollars. 

In the resolve, in favor of Amos Butler, for damages 
sustained in serving a legal process, the sum of one hundred 
and thirty dollars. 

In the resolve, in favor of the selectmen of Westport, for 
the benefit of certain Indians, the sum of ninety-eight 
dollars. 

In the resolve, in favor of certain officers of the state 
prison, a sum not exceeding twenty-eight hundred dollars. 

In the resolve, in favor of the state reform school at 
Westljorough, for a new heating apparatus, a sum not 
exceeding ten thousand dollars, payable on vouchers 
properly certified and filed with the state auditor. 

In the resolve, in favor of the family of Moses W. Chapin, 
the sum of three hundred dollars. 



1864. CHArTER 312. 303 

In the resolve, in favor of Milton P. Pierce, for damages Miiton p. pierce, 
sustained in serving a legal process, the sum of thirty 
dollars. 

In the resolve, in favor of the state of Maine, the sum of state of Maine, 
two thousand four hundred and seventy-seven dollars and 
twenty-four cents. 

In the resolve, in favor of the families of Abner Harlow Abneriiariow 
and others, the sum often hundred and ninety dollars. and others, fami- 

In the resolve, authorizing additional compensation for council, addi- 
the executive council, a sum not exceeding eighteen hun- sa°i'o'n.''°™'^''°' 
dred dollars. 

For the salary of the standing justice of the police court Justice police 
in Milford, in accordance with the provisions of chapter «°""' '"'"°'''^- 
seventy of the acts of the present year, a sum not exceeding 
eight hundred dollars. 

For tiie salaries of the secretary and agent of the board secretary and 

. . -, • 1 1 • • c 1 agent board of 

of education, m accordance w^th the provisions of chapter education, 
ninety-nine of tlie acts of the present year, a sum not 
exceeding four hundred dollars, in addition to former 
appropriations, the same to be paid from the income of 
the Massachusetts school fund. 

For tlie salary of the standing justice of the police court Justice police 
in Gloucester, in accordance with the provisions of chapter ter!"^ ' 
one hundred and twenty-seven of the acts of the present 
year, a sum not exceeding two hundred dollars, in addition 
to the appropriation heretofore made. 

For the compensation and expenses pf certain persons Recruiting ser- 
engaged in recruiting at Wasliington, under direction ^'"'' 
of his excellency the governor, a sum not exceeding six 
hundred dollars. 

For books for the library of the house of representatives, Books, library 
in accordance with an order of tlie house, a sum not exceed- repre^entotlves. 
ing seventy-one dollars and fifty-five cents. 

For valuation books, to be furnished to assessors of cities valuation books. 
and towns, in accordance with the provisions of chapter two 
liundred and ten of the acts of eigliteen hundred and sixty- 
four, a sum not exceeding thirty-five hundred dollars. 

For publishing names of absentees from legislative sessions, Publishing ab- 
per order of the house, a sum not exceeding fifty dollars. uialive sess?onf. 

For clerical assistance to the clerk of the house of repre- clerical assist- 

... . ,, ^. f ii • 1 r- xi aiice to clerk of 

sentatives, in tiie preparation oi the journal lor the press, as the house. 
authorized by an order of the house, a sum not exceeding 
three hnndred dollars. 

For the compensation of the clerk, messengers and pages cicrk and mei.- 

c ^\ 1 ,• •,. ■ , 1 . ■ 1 • 1 sennersvuluation 

01 tlie valiiaiion conimittce, appointed to sit during the committee, 
recess, a sum not exceeding three tlioutiand dullars, and for 



304 



1864.— Chapter 312. 



Arms and equip' 
meats. 



Uniforms and 

quartermasters' 

supplies. 



Justice police 
court, Chelsea. 



Clerk police 
court, Worcester 



Judges and regis- 
ters probate and 
insolvency. 



Secretary, treas- 
urer, auditor, 
adjutant-general, 
and first clerks 
of treasurer and 
auditor. 



Board of educa- 
tion, postage, etc. 



Charles River 
and Warren 
bridges ,expeDses. 



Printing and 
binding, legisla- 
ture. 



contingent and incidental expenses of said committee, a sum 
not exceeding five thousand dollars. 

For the purchase of arms and equipments, in accordance 
with the provisions of chapter twenty-nine of the resolves of 
the year eighteen hundred and sixty-three, a sum not 
exceeding one hundred and fifty thousand dollars, in addi- 
tion to the sum heretofore appropriated. 

For uniforms and quartermasters' supplies for the equip- 
ment of the state militia, in accordance with the provisions 
of chapter two hundred thirty-eight of the acts of the 
present year, a sum not exceeding seven hundred and 
seventy thousand dollars. 

For the salary of the standing justice of the police court 
in Chelsea, in accordance with an act of the present year, a 
sum not exceeding three hundred dollars in addition to the 
sum heretofore appropriated. 

In the act establishing the salary of clerk of the police 
court at Worcester, a sum not exceeding one hundred 
dollars. 

In the act establishing the salaries of judges, registers and 
assistant registers of courts of probate and insolvency, a sum 
not exceeding thirty-five hundred dollars in addition to the 
sums heretofore appropriated. 

In the act establishing the salaries of the treasurer and 
receiver-general, auditor of accounts, secretary of the Com- 
monwealth, the adjutant-general and the first clerks in the 
departments of the treasurer and auditor, a sum not exceed- 
ing three thousand dollars in addition to the sums heretofore 
appropriated. 

For postage, printing and stationery for the board of edu- 
cation, a sum not exceeding five hundred dollars in addition 
to the sum heretofore appropriated, the same to be paid from 
the income of the Massachusetts school fund. 

For expenses of the Charles River and Warren bridges, 
for the year eighteen hundred and sixty-three, viz. : for 
repairs, thirteen hundred twenty-eight dollars and seventy- 
one cents ; horse keeping, one hundred dollars and ninety- 
one cents ; gas, oil, &c., two hundred one dollars and 
sixty-three cents ; incidentals, twenty dollars and sixty 
cents; rebuilding toll-house, five hundred forty-one dollars 
and seven cents ; and for extra repairs on said bridges for 
the current year, a sum not exceeding sir hundred dollars ; 
said sums to be paid from the Charles River and Warren 
bridges fund. 

For printing and binding for the senate and house of rep- 
resentatives for the current year, a sum not exceeding ten 



1864.— Chapter 312. 305 

thousand three hundred dollars in addition to the sum 
heretofore appropriated. 

For printing public documents for the year eighteen hun- Printing public 
dred and sixty-three, a sum not exceeding nine thousand '*°'="™<^°'8- 
dollars in addition to former appropriations. 

For printing the report of the board of agriculture, a sum. Printing report 
not exceeding thirty-fi\fe hundred dollars in addition to the ^°«;»°f»e™'^' 
sum heretofore appropriated. 

For the arrest of fugitives from justice, a sum not exceed- Arrest of fugl- 
ing one thousand dollars in addition to the sum heretofore **'^'' 
appropriated. 

For the support of insane state paupers in eighteen hun- insane paupers. 
dred and sixty-two, and previous years, a sum not exceeding 
two thousand dollars. 

For incidental expenses of the treasurer and receiver- Treasurer, inci- 
general for the year eighteen hundred and sixty-three, a *^^"'*'" 
sum not exceeding three hundred dollars in addition to the 
sum heretofore appropriated. 

For the deficiency in the reimbursement of bounties, as Deficiency in 
provided by chapter two hundred and eighteen of the acts of oiTouuUe^"" 
eighteen hundred and sixty-three, the same having been 
caused by errors in the basis of apportionment as established 
by chapter one hundred ten of the acts of eighteen hundred 
and sixty-one, the sum of four thousand eight hundred 
eighty-eight dollars and sixty-seven cents. 

For the burial of state paupers in eighteen hundred and Buriai of state 
sixty-two and previous years, a sum not exceeding three p*"''®'"- 
thousand dollars. 

For the current expenses of the hospital at Rainsford nainsfori island 
Island, a sum not exceeding eight thousand dollars in addi- ^°^''"''''- 
tion to the sum heretofore appropriated. 

For term reports, a sum not exceeding eleven hundred Term reports, 
dollars in addition to the sum heretofore appropriated. 

For military accounts of the year eighteen hundred and Military ac- 
fifty-eight, a sum not exceeding thirty-six dollars, and for *'°"°''' 
the year eighteen hundred and sixty-one, a sum not exceed- 
ing nine dollars and sixty cents. 

For the compensation and expenses of persons employed Paymasters. 
in the payment of state bounties, a sum not exceeding ten 
thousand dollars in addition to the sum heretofore appro- 
priated. 

For the expenses of the quartermaster's department, a <Martcrmastcr'a 
sum hot exceeding fifteen hundred dollars, and for expenses '■"''""'"'■ 
of the ordnance department, a sum not exceeding five thou- orananredeparir 
sand dollars, the same to be in addition to former appro-"""''"''''*"'"'' 
priations. 

39 



306 



1864.— Chapter 312. 



State prison. 



Asylum for the 
blind and school 
for idiots, cloth- 
ing. 



Commissioner on 
Indian titles. 



Committees dur- 
ing recess. 



Clerical and pro- 
fessional assist- 
ance to commit- 
tees of legisla- 
ture. 



Second clerk of 
treasurer. 



Clerical assist- 
ance, secretary 
board of agricul- 
ture. 

Sergeant-at- 
arms, clerks of 
legislature and 
executive depart- 
ments. 



To meet the present liabilities and deficiencies of the state 
prison, a sum not exceeding twenty-six thousand dollars, 
and for support of the prison for the current year, a sum 
not exceeding fifty-eight thousand dollars. 

For the state cabinet, a sum not exceeding two hundred 
dollars, from the unexpended balance of the appropriation 
made in chaptej ninety-three of the acts of eighteen hundred 
and sixty-two. 

The following sums shall also be allowed and paid upon 
vouchers properly certified and rendered to the state 
auditor : 

For clothing of state beneficiaries at the Massachusetts 
asylum for the blind and the Massachusetts school for idiotic 
and feeble-minded youth, and for expenses of their support 
during vacations in eighteen hundred and sixty-three and 
previous years, a sum not exceeding two hundred dollars. 

In the resolve, chapter forty-two of the year eighteen 
hundred and sixty-three, relating to Indian land titles, a 
sum not exceeding three hundred dollars in addition to the 
sum appropriated in said resolve. 

For the compensation and expenses of committees author- 
ized to sit during the recess of the legislature, a sum not 
exceeding sixteen thousand dollars. 

For clerical and professional assistance to committees of 
the legislature, a sum not exceeding thirteen hundred dol- 
lars, the same to include service rendered by any clerk in 
the employ of the state without interference with his regular 
duties ; 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. 

In the resolve, chapter thirty-six, for the salary of a sec- 
ond assistant clerk in the treasurer's department, a sum not 
exceeding twelve hundred dollars, to be computed from the 
first day of January, eighteen hundred and sixty-four. 

For clerical assistance to the secretary of the board of 
agriculture, a sum not exceeding four hundred dollars in 
addition to the sum heretofore appropriated. 

For the salaries of the sergcant-at-arms, the clerks of the 
senate and house of representatives, and clerks employed in 
the state house, whose salaries are established by law, and 
which have not been raised the present year, a sum not 
exceeding seven thousand five hundred dollars in addition 
to the sums heretofore appropriated. 

For compensation of senators, a sum not exceeding four 
thousand dollars ; and for compensation of representatives, 



1864— Chapter 313. 307 

a sum not exceeding twenty-four thousand dollars ; said 
sums to be in addition to the sums heretofore appropriated. 

For the preparation of a skeleton map, per order of the Map. 
legislature, a sum not exceeding three hundred dollars. 

For expenses of the nautical branch of the state reform Nautical school. 
school for boys, a sum not exceeding three thousand dollars, 
the same to be in addition to the sum heretofore appropriated. 

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

Approved May 14, 1864. 
An Act to establish the Massachusetts bounty fund, and to Chap. 313 

CREATE A SINKING FUND FOR ITS REDEMPTION. 

Be it enacted, Sfc, as follows: 

Section 1. For the purpose of meeting the expenses Bounty fund au- 
already incurred and to be incurred, under chapter two 
hundred and fifty-four of the acts of the year eighteen 
hundred and sixty-three, and under any other law authoriz- 
ing the payment of bounties to Massachusetts soldiers or 
sailors, there shall be created a fund to be called the Massa- 
chusetts Bounty Fund; and the treasurer of the Common- Treasurer may 
wealth is hereby authorized to issue scrip or certificates of'^^"^'"'^' 
debt, in the name and on behalf of the Commonwealth, and 
under his signature and the seal of the Commonwealth, to 
an amount not exceeding ten millions of dollars; and the proceeds to be 
proceeds of such scrip so issued, shall be passed to the credit an'd appropri? 
of said Massachusetts Bounty Fund, and the same is hereby ^'ed. 
appropriated for the purpose of paying all liabilities incurred, 
or to be incurred, on account of such bounties. 

Section 2. Such scrip or certificates of debt, shall bear certificates to be 
interest not exceeding five per cent, per annum, payable teiest°aue*temt 
semi-annually in gold, on the first days of May and Novem- annuaiiyingoid. 
ber, in each year, and shall be sold and disposed of at public 
auction, or in such other mode, and at such times, and in 
such pieces and amounts, as the governor and council shall 
deem for the best interest of the Commonwealth. Such scrip to be re- 
scrip or certificates of debt shall be redeemable in gold in gow'L 20-30 
not less than twenty nor more than thirty years from date, ^^'"^^' 
and the same shall be countersigned by the governor and 
shall be deemed a pledge of the faith and credit of the 
Commonwealth. 

Section 3. For the payment of the scrip or certificates Estabii.shment of 
of debt issued under authority of this act, a sinking fund is f"J!^^l^■on^^ 
hereby established, to be composed as follows : first, of all ^^^''^^[{Jo^J'd*'" 
dividends which may be received upon the seven thousand "ookrwcerpt* 
seven hundred and sixteen shares now held by the Common- "h?r kud"""* 
wealth in the Western railroad, and in case said shares 



308 1864.— Chapter 314. 

should at any time be sold to meet the payments of the 
debts for which they are pledged to the Debt Extinguish- 
ment Fund, then the excess of proceeds above the amount 
necessary for said liquidation shall constitute a part of this 
fund ; second, of all tlie receipts from the sales of the Back 
Bay lands, less the expenses of commissioners and of filling 
and preparing the lands for sale, and including the portion 
now by law payable to the Massachusetts School Fund, as 
soon as said school fund shall have reached the amount of 
two millions of dollars, and also all net receipts not already 
appropriated for specific purposes, from sales of otlier public 
Deficiency, if lauds I third, if the receipts from these sources do not in 

any, to be raised /»i , . ij,i , n 

by tax, toaggre- any iiscal ycar, amount to a sum equal to three per cent, oi 

cent.^o/^sue.^" thc total amouut of scrip or certificates of debt issued under 
authority of this act, then there shall be raised by taxation, 
in the following year, a sum equal to the difierence between 
the amount of said receipts and three per cent, of the scrip 

proTiso. or certificates of debt issued as aforesaid: provided, that 

said tax may be omitted after the fund hereby created shall 
have amounted to a sum, which with its accumulations of 

Sums raised and interest, will be sufficient to pay the scrip at maturity. And 

accumulations to,, • t r^ t- •! ,,i .,. 

be held as fund tlic suui SO raiscd from year to year, together with its accu- 
for redemption. jjj^^iatiQijg of intcrcst, sliall be pledged and held as the sink- 
ing fund hereby established, to be invested, as is now or 
may be provided by law for the investment of trust funds, 
and used for the redemption and payment of said scrip or 
certificates of debt. 

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

Approved May 14, 1864. 
Chap. 314 Ax Act making appropriations to meet the payment of amounts 

NAMED IN CERTAIN RESOLVES. 

Be it enacted, §'c., as follows: 

Section 1. The following sums are hereby appropriated 
for the payment of the sums mentioned in the following 
Roxbury Horse iiamcd rcsolvcs : rcsolvc in favor of the Roxbury Ilorse 
Guards. Guards, a sum not exceeding six hundred and twelve dol- 

washington lars ; resolve in favor of the Washington Home Guard, a 
sum not exceeding tliree hundred and thirty-six dollars ; 
Roxbury Reserve rcsolvc in favor of tho Roxbury Reserve Guards, a sum not 
Guards. excecding eleven Inindred and forty- four dollars. 

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

Approved May 14, 1864. 



1864.— Chapter 315. 309 

Ax Act for the protection ok the outer harbor of fnE city Chap. 315 

OF BOSTON. 

Be it enacted, Sfc, as follows: 

Section 1. The city of Boston is hereby authorized to city may raise 
raise, by taxation or otherwise, a sum not exceeding one wim^ilaworkr 



hundred and fifty thousand dollars, and expend the same in 

the construction of sea-walls and other necessary works on 

Great Brewster Island, Gallop's Island and Deer Island in 

Boston Habor, in order to protect said islands against the 

action of the sea and prevent further injury to said harbor 

by the washing thereinto of the earth from said islands. 

The plans for the construction of said works shall be sub- pian approved 

mitted to and approved by the governor and council, before couudr°°'^ ""'' 

the same are commenced. 

Section 2. The amount expended by said city in accord- Amount expend- 
ance with the provisions of this act shall be reimbursed to buVseTto dty. 
it from the first net proceeds or receipts from sales of the 
flats belonging to the Commonwealth in said harbor, not 
already appropriated for specific purposes. 

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

Approved May 14, 18G4. 



RESOLVES, 

GENERAL AND SPECIAL, 



Resolve in favor of barnabas sxow. Chap. \. 

Resolved, That there be allowed and paid out of the Appropriation 
treasury of the Commonwealth, to Barnabas Snow of Ware, forattendanee 
the sum of sixty dollars, for twenty days attendance at the representetlve. 
present session of the general court, and sixteen dollars for 
mileage ; and the same is hereby appropriated. 

Approved January 28, 1864. 

Resolve for the better accommodation op the paymasters Chcit). 2. 
of bounties to volunteers. ^ * 

Resolved, That the sergeant-^t-arms be, and he is, hereby Apartment pro- 
authorized and directed to erect a partition in the west wing 
of the State House, from the room occupied by the secretary 
of state to the room occupied by the attorney-general, for 
the better accommodation of the paymasters of bounties to 
volunteers. Approved February 8, 1864. 

Resolve in favor of company e, fifth Massachusetts regiment. QJiavf^ 3. 
Resolved, That there be allowed and paid out of the Appropriation, 
treasury of the Commonwealth, to Samuel C. Lawrence, form/'"'""'" 
treasurer of company E, Fifth Massachusetts regiment, for 
the benefit of said company, the sum of five hundred and 
ten dollars, in settlement of a claim for uniforms furnished 
in April in the year eighteen hundred and sixty-one ; and 
said sum is hereby appropriated. Approved February 12, l^Q^. 

Resolve providing a set of weights, measures and balances Chcfp. 4. 
for the town of mattapoisett. ■' ' 

Resolved, That the treasurer furnish to the town of Treasurer di- 
Mattapoisett, at a cost not exceeding two hundred dollars, rected to fumisii. 
a complete set of standard weights, measures and balances, 
such as have been furnished to other towns, and conforming 
as near as practicable to the models made as town standards. 
The expense of transporting the same to be defrayed by the 

town. Approved February 16, 1864. 



312 1864.— Chapters 5, 6, 7, 8, 9. 

Chap. 5. Resolve relating to the museum of comparative zoulogy. 

Go^ernorauthor- Rcsolved, That the govemoF of the Commonwealth be 

truste°s''si2!207. HOW authoHzed to pay, out of funds iu the treasury, to 

67manticipa- ^j^^ u Trustecs of the Museum of Comparative Zoology," the 

balance of twelve thousand two hundred and seven dollars 

and sixty-seven cents, which will become payable to them 

on the first day of August next, under the provisions of the 

one hundred and fifty-fourth chapter of the acts of the year 

eighteen hundred and fifty-nine. Approved February IG, 1861. 

Chap. 6. Resolve ix faa'^or of the guardian of the punkapog tribe 

OP INDIANS, FOR THE BENEFIT OF CHARLOTTE E. MYERS. 

Allowance of S52. Resoliwcl, For rcasous set forth in the petition of Charlotte 
•E. Myers, a member of the Punkapog tribe of Indians, that 
there be allowed and paid out of the treasury of the Com- 
monwealth, to the guardian of said tribe, the sum of fifty- 
two dollars, for the benefit of said Charlotte E. Myers. 

Approved February 16, 1864. 

Chap. 7. Resolve in favor of william r. black and simeon g. blandin. 
^24°6' each for Resolvcd, For rcasous set forth in the petitions of William 
uiiiita'J-y services. R. Black and Simcou G. Blandin, that there be allowed and 
paid, out of the treasury of the Commonwealth, to said peti- 
tioners, 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 companies F and G of 
the fourth regiment of the Massachusetts volunteer militia. 

Approved February 16, 1864. 

Chap% 8. Resolve in favor of the guardian of the punkapog tribe of 

INDIANS FOR THE BENEFIT OF SALLY BURR OF CAMBRIDGE. 

Allowance Of $52. Resolvcd, FoT rcasous set forth in the petition of Sally 
Burr of Cambridge, a member of the Punkapog tribe of 
Indians, that there be allowed and paid out of the treasury 
of the Commonwealth, to the guardian of said tribe, the 
sum of fifty-two dollars, for the benefit of said Sally Burr. 

Approved February 18, 1864. 

Chap. 9. Resolve in favor op the guardian of the punkapog tribe of 

INDIANS, FOR THE BENEFIT OF SALLY BURR OF BOSTON, AND -HER 
SON, JAMES BURR. 

Allowance of S52. Resolued, For reasons set forth in the petition of Sally 
Burr of Boston, a member of the Punkapog tribe of Indians, 
that there be allowed and paid out of the treasury of the 
Commonwealth, to the guardian of said tribe, the sum of 
fifty-two dollars, for the benefit of said Sally Burr and her 
son James Burr. Approved February 18, 1864. 



1864.— Chapters 10, 11, 12. 313 

Resolve in favor of the city of boston. Chap. 10. 

Resolved, That there be allowed and paid out of the ^1^°^^'^^^^°^^ 
treasury of tlie Commonwealth to the treasurer of the city i)uriarofMass. 
of Boston, the sum of one thousand and sixty-one dollars tysburg^*^"' 
and twenty-three cents, for reimbursement of money 
expended by said city, in the burial of Massachusetts 
soldiers, in the National Cemetery at Gettysburg, in the 
state of Pennsylvania. Approved February 18, 1864. 

Resolve in favor of the officers and soldiers of the com- Chap. 11. 

PANY OF infantry ATTACHED TO THE SIXTH BRIGADE OF THE 
MASSACHUSETTS VOLUNTEER MILITIA. 

Resolved, That there be allowed to the officers and ^|'|rformiii?ar°^ 
soldiers of the company of infantry attached to the sixth seivlces. 
brigade, Massachusetts volunteer militia, formerly com- 
manded by Lieutenant Alonzo E. Goodrich of Pittsfield, 
the sum of two dollars a day, without allowance for travel, 
for each day's service rendered under General Order, 
Number Fourteen, dated May twenty-sixth, eighteen hun- 
dred and sixty-two, in accordance with the returns now on 
file in the office of the adjutant-general. 

The adjutant-general sliall present a roll of the persons 
entitled to compensation, with the amounts due to each, to 
the auditor, for allowance, and upon such allowance certified 
by him to the governor, the sums due to each, respectively, 
sliall be paid to such persons or their order, at the treasury 
of the Commonwealth. 

The sum of four hundred and thirty-two dollars is hereby 
appropriated to carry out the provisions of this resolve. 

Approved February 19, ISGl." 

Resolve upon the petition of w. s. houghton. Chap. 12. 

Resolved, That the treasurer of the Commonwealth is Treasurer di- 

1 1 1 • 1 T T 1 -jTT o rr 1 ■ rected to pay 

hereljy authorized and directed to pay to \\ . S. Houghton interestandprin 
the interest now due, and the principal and further interest "ostboudsr"'" 
as they may become due, upon certain bonds of the Com- 
monwealth, being numbered seventy-two, fifteen hundred 
and eighteen, nine hundred and forty-eight, eight hundred 
and seventy-three, nine hundred and forty-one, and nine 
hundred and forty-two, respectively, as described by said 
Houghton, in his petition, and alleged to have been stolen 
from him, upon his furnishing to said treasurer from time 
to time sufficient security for the repayment of all sums so 
paid, uj)on demand l)y said treasurer made at the request of 
any person estal)lishing to the satisfaction of said treasurer 
a legal right to the same. Approved February 29, 18G1. 

40 



3U 



1864.— Chapters 13, U, 15, 16. 



Chan. 13. Resolve in favou of the town of waltiiam. 

Allowance of Resolusd, For reasons set forth in the petition of the 

«:s.,^ for armory selectmen of the town of Waltham, that there be allowed 
and paid out of the treasury of the Commonwealth to said 
petitioners, tlie sum of three hundred dollars, in full for 
armory rent for the Waltiiam Light Dragoons, during the 
years eighteen hundred and sixty-two, and eighteen hundred 
and sixty-three. Approved March 2, 1864. 

Chap. l-t. Resolve in relation to professor hitchcock's supplementary 

REPORT ON THE ICHNOLOGY OF NEW ENGLAND. 

One thousand Rcsolved, That one thousand copies of Professor Edward 

pXted"''^ Hitchcock's Supplement to his Report on the Ichnology of 
New England, witli the drawings and photographs connected 
therewith, be printed at the expense of the Commonwealth, 
Distribution. uudcr tlic direction of the committee on the library ; that 
one hundred copies of said supplementary report be given to 
Professor Hitchcock ; three copies to the state library, and 
one copy to each free public library established under the 
statutes of the Commonwealth ; twelve copies to the trustees 
of the state library, to be used for the purpose of interna- 
tional exchanges ; and one copy furnished to each member 
of the executive and legislative departments of the govern- 
ment for the present political year, and one copy to each 
town and city in the Commonwealth. 

Approved March 2, 1864. 



Chap. 15. 

Allowance of S50. 



Resolve in favor of the guardian of the punkapog tribe 

OF INDIANS, for THE BENEFIT OF REBECCA DAVIS. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, to the guardian of the 
Punkapog tribe of Indians, the sum of fifty dollars, to be 
expended "for the relief of Rebecca Davis, a member of said 
tribe. Apjyroved March 3, 1864. 

Chap. 16. Resolve in relation to the publication of the general 

STATUTES. 

Resolved, That the attorney-general be and hereby is 
authorized, in the name and in behalf of the Commonwealth, 
but without cost to the Commonwealth, to contract with 
William White, of Boston, or his assigns, to print, bind and 
furnish for sale to the state or to any citizen of the state, 
the General Statutes of the Commonwealth, with the Con- 
stitution of the State, the Constitution of the United States 
and all the additions to said Statutes which have heretofore 
been published therewith, in a manner in every respect equal 
to the Revised Statutes printed in the year eighteen hundred 



Attorney-genei-al 
to contract for 
publication and 
sale at price not 
exceeding $2.50 
per copy. 



1864.— Chapters 17, 18, 19. 315 

and thirty-six, particularly as to composition, press work, 

paper and binding ; and keep the same for sale in some 

convenient place in the city of Boston, until the first day of 

July in the year eighteen hundred and sixty-seven, at a 

price not exceeding two and one-half dollars per copy, and J;^|^'g'f "/j^™*-^ 

reserving to the legislatare the right, at all times hereafter, 

to reduce the price at which the same shall be sold, to any 

amount not below one dollar and forty cents per copy ; said stereotype plates 

contract to provide that the electrotype or stereotype plates ert^orsute"^' 

of said General Statutes shall be and remain the property of 

the Commonwealth. A bond, satisfactory to the attorney- Bond. 

general shall be given by the said William White or his 

assigns, to the Commonwealth, for the faithful performance 

of the contract. The other provisions of the contract shall 

be such as the attorney-general deems expedient to secure 

the faithful execution of said contract : provided^ that none Proviso. 

of the existing provisions of law relative to the printyig, 

promulgation and distribution of the statutes, which were 

enacted prior to the twenty-eighth day of December, in the 

year eighteen hundred and fifty-nine, shall be construed to 

apply to the said General Statutes. And upon the due upon^execution^ 

execution of the contract hereby authorized, the contract tobrcanceiied! 

heretofore existing between the Commonwealth and the said 

William White, relative to the printing and sale of the said 

General Statutes, shall be cancelled. 

Approved March 5, 1864. 

Resolve in favor of the messenger op' the governor and Chap. 17. 

COUNCIL; 

Resolved, That there be allowed and paid to the messen- Allowance of 
ger of the governor and council, the sum of two hundred *2oo additional. 
dollars in addition to his salary for the current year. 

Approved March 5, 1864. 

Resolve in favor of nelly josepii. Chap. 18. 

Resolved, For reasons set forth in the petition of Barnard Allowance of sso. 
C. Marchant, guardian of the Christiantown and Chappe- 
quiddic Indians, that 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 necessary for 
the support of Nelly Joseph, a member of the Chappequiddic 
tribe of Indians. Approved March 5, 1864. 

Resolve in favor of the district of marshpee. Chap. 19. 

Resolved, That there be allowed and paid out of the Allowance of 
treasury of the Commonwealth, to the present treasurer of ;f/,'^!'',aa[icTon'''^ 
the district of Marshpee, the sum of one hundred dollars, to "'J'"""- 



316 1864.— Chapters 20, 21, 22, 23, 24. 

provide medical attendance on the Indians and people of 
color, in said district, during the year eighteen hundred and 
sixty-four. Approved March 5, ISGi. 

Chap. 20. Resolve in relation to drainage for the state arsenal. 
Quartermaster Resolved, That tlic quartemiaster-general be and hereby 
curoV^cambrmge IS authorizcd to arrange with the city of Cambridge, and 
iQ^Gardensirift. o'^^t^in the right to use the drain through Garden Street, in 
said city, for the premises connected with the state arsenal ; 
Appropriation, aud thc sum of onc hundred and twenty-seven dollars thirty- 
eight cents is hereby appropriated in payment for said right. 

Approved March 5, 1864. 

Chap. 21. Resolve in favor of the chappequiddic and christiantown 

INDIANS. 

Allowance of Resolvecl, That there be allowed and paid out of the 

orsc 00 s. g^j-jQQ^ fund of this Commonwealth, to the guardian of the 
Cltappequiddic 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-four. Approved March 11, lS6i. 

Chap. 22. Resolve in favor of the marshpee schools. 

Allowance of $75 Resolvecl, That the sum of seventy-five dollars be allowed 
additional. ^^^^ ^^j^ ^^.^^^^ ^j^^ iucomc of the school fund the present 

year, to the treasurer of the district of Marshpee for the 
support of the schools in that district ; tlie same being in 
addition to the sums now allowed for the support of said 
Condition. schools, and also on the condition that the inhabitants of 

that district shall also appropriate and expend for the use of 
said schools, during the present year, twenty-five dollars in 
addition to the sum now annually paid by them for that 
purpose. Approved March 14, 1864. 

Chap. 23. Resolve in favor of the state almshouse at tewkshury. 
Inspectors may Rcsolved, That thc inspcctors of the state almshouse at 
approprhuionfor Tcwksbury bc authorized to use the unexpended appropria- 
cooking appara- ^j^j-^ ^f j^^g^ year, amounting to nine hundred and ninety- 
three dollars and four cents, for the purpose of supplying 
said institution with a new cooking apparatus, in place of 
the one now in use, and for such improvements and repairs 
of said institution, as they may deem necessary. 

Approved March 14, 1864. 

Chan. 24. Rksolve in favor of certain officers and soldiers of the 

■^ * ' VOLUNTEER MILITIA. 

Allowance tooffi- Resolvecl, That the compensation provided by the Resolves 
of the year eighteen hundred and sixty-three, chapter 



CI'" and soldiers 
wh0!ie names 



1864.— Chapters 25, 26, 27. 317 

seventy-two, be allowed and paid, from the treasury of the were omitted on 
Commonwealth, to any officers and soldiers of the volunteer 
militia, whose names were not returned to the adjutant- 
general, for payment, previous to the passage of said resolve, 
upon satisfactory evidence being furnished to the adjutant- 
general, that they are entitled to receive the same. 

The rolls shall be presented, audited and certified, in 
the manner prescribed in said resolve of eighteen hundred 
and sixty-three, chapter seventy-two. 

Approved March 14, 1864. 

Resolve in kelatiox to certain expenses op the attorney- Chap. 25. 

GENERAL. 

Resolved. That there be appropriated and paid from the Appropriation of 
... .V- ^1 1 1 11 si.ooo for ex- 

state treasury, a sum not exceeding one tliousand dollars, rinses, suit of 

to defray the expenses of the attorney-general of the Com- •""'^'i ^^"G"*'^^ 

monwealth, in the case of a writ of error pending before the 

supreme court of the United States, sued out by John 

McGuire, to procure the reversal of a judgment rendered 

against him, in the superior court within the county of 

Essex. Approved March 14, 1864. 

Resolve in favor of the city of new Bedford. Chap. 26. 

Resolved, That there be allowed and paid from the Allowance of 
treasury of the Commonwealth to the treasurer of the city bursemtttfo"" 
of New Bedford, the sum of two thousand and seventy-nine military services. 
dollars and forty-four cents in reimbursement of money 
advanced by said city, to pay the officers and soldiers of the 
volunteer militia, called into service by virtue of a precept 
issued by the mayor of New Bedford under the provisions 
of the one hundred and thirty-fourth section of the thir- 
teenth chapter of the General Statutes. 

Approved March 16, 1864. 
Resolve in favor of william ii. luce, and daniel a. cleave- /77,^« 97 

LAND. "' 

Resolved, For reasons set forth in the petition of Wm. IT. $i397o"r'^^ieaicai 
Luce and Daniel A. Cleaveland, of West Tisbury, that there oarneaalna 
be allowed and paid out of tlie treasury of the Common- Jnjla^a*"'""'"^ 
wealth, to said petitioners, the sum of one hundred and 
thirty-nine dollars and eighty-six cents, which witii the sum 
of seventy-five dollars contained in the resolve of the year 
eighteen hundred and sixty-three, chapter forty-nine, is in 
full for medical attendance upon Gay Head and Christian- 
town Indians, and of all services up to January first, eigii- 
teen hundred and sixty-four. Approved March 16, 18G4. 



318 1864— Chapters 28, 29, 30, 31, 32. 

Chap. 28. Resolve in favor of william leach. 

Allowance of Resolved, That there be allowed and paid from the 

attendance'*o''na treasury of tlio Commoii Wealth, the sum of sixty-seven 

Indian*"'"''"' doUars and seventy-five cents to William Leach of Tisbury, 

as full compensation for his services as physician to Mary 11. 

James, wife of Charles James, a blind man, and one of the 

Christiantown tribe of Indians, from April twenty-sixth, 

eighteen hundred and fifty-eight, to November fourteenth, 

eighteen hundred and sixty-three, when she died. 

Approved March 16, 1864. 

Chap. 29. Resolve in favor of jemima easton. 

Allowance of Rcsolvecl, For rcasons set forth in the petition of Priscilla 

pooro'f Tilburr ^^eemau, 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 
one hundred and four dollars. Approved March 16, 1864:. 

Chap. 30. Resolve in favor of the town of Halifax. 

Keimbursement Resolved, For the rcasoiis set forth in the petition of the 
of $104.80 ova:- gejectmeu of the town of Halifax, that there be allowed and 
paid out of the treasury of the Commonwealth, to the said 
town, the sum of one hundred and four dollars and eighty 
cents, to reimburse said town for a sum which it has paid 
above a just proportion of the state tax. 

Approved March 17, 1864. 

Chap. 31. Resolve granting aid for the suppression of counterfeiting 

BANK BILLS AND COIN. 

Allowance of Resolved., That there be allowed and paid out of the 

$ij500toassooia- ^jj-Q^g^py Qf ^|jg Commonwcalth, to the association of banks 
for the suppression of counterfeiting in this Commonwealth, 
a sum not exceeding one thousand five hundred dollars, for 
the purpose of the prevention and detection of the crime of 
making, or tendering in payment as true, counterfeit bank 
ProTiso. bills or counterfeit gold and silver coin : provided, that no 

sum be paid under or by authority of this resolve which 
shall exceed one-third of the amounts which said association 
shall certify and prove to the governor shall have been raised 
and judiciously expended, by said association, for the 
purposes aforesaid. Approved March 17, 1864. 

Chap. 32. Resolve in favor of the family of ciiarles allen, deceased. 

Allowance of Resolved, That for reasons set forth in the petition of 

fo^^enlLtoentf Lutlicr Hill, 0116 of tlic sclectmcn of the town of Spencer, 

there be allowed and paid to the selectmen of said town, the 



1864.— Chapters 33, 34, 35, 36. 319 

sum of three hundred and twenty-five dollars ; to be by them 
expended for the relief of the widow and family of Charles 
Allen, a volunteer, who was duly enlisted as a part of the 
quota of said town, upon the fourth day of January, in the 
year eighteen hundred and sixty-four, and who died in camp, 
upon the fifth day of February, of said year, without being 
mustered into the service of the United States ; the said 
sum of three hundred and twenty-five dollars being the 
bounty to which said volunteer would have been entitled 
after muster into the service of the United States. 

Approved March 21, 1SG4. 
KeSOLVE in favor of DAVIS KINGMAN. Cliaj). 33. 

Resoli-ed, For reasons set forth in the petition of the Allowance of 
selectmen and other inhabitants of Northboraugh, that failed by cattle 
there be allowed and paid out of the treasury to Davis disease. 
Kingman, of said Northborough, the sum of two hundred 
and forty dollars, in full compensation for loss sustained by 
him, by cattle disease, in the years One thousand eight hun- 
dred and sixty-three, and one thousand eight hundred and 
sixty-four. Approved March 21, 1864. 

Resolve in favor of levi baker and others. Choi) 34. 

Resolved, That there be allowed and paid out of the Allowance of 
treasury to su'ch persons as the auditor of accounts shall fn^suuagafnsT^ 
certify are entitled to receive the same, for costs and Virginia, 
expenses in the prosecution of the suit of Levi Baker 
against the state of Virginia, the sum of one liundred and 
fifty dollars : provided, that no part of said sum shall be proviso 
paid until said Baker has in writing agreed that said sum 
shall be in full for all his claims in the premises against this 
Commonwealth. Approved March 22, 1864. 

Kesolve in favor of the town of hingham. Chap. 35. 

Resolved, For reasons set forth in the petition of the Allowance of seo, 
selectmen of the town of Hingham, that there be allowed armory rent. 
and paid out of the treasury of the Commonwealth, to the 
town of Hingham, the sum of sixty dollars, in full for 
armory rent for the year eighteen hundred and sixty-two. 

Approved March 22, 1864. 

Resolve authorizing the appointment of a second assistant Chop. 36. 

CLERK IN THE TREASURER'S OFFICE. ^ ' 

Resolved, That the treasurer of the Commonwealtli be 
and is hereby authorized to employ a second assistant clerk 
at a salary of twelve hundred dollars. 

Approved March 22, 1864. 



$20,000 for extir 
patiOQ 



320 1864.— Chapters 37, 38, 39, 40, 41. 

Chat). 37. Resolve concerning contagious diseases among cattle. 

Appropriation of Eesolved, That there be allowed and paid out of the 
treasury of the Commonwealth the sum of twenty thousand 
dollars, or so much thereof as may be necessary, to defray 
any expenses that may be or may have been incurred, under 
existing laws, for the extirpation of contagious diseases 
among cattle : and the governor is hereby authorized to 
draw his warrant therefor. Approved March 22, 1864. 

Chap. 38. Resolve relating to the support of deaf mutes. 

Appropriation of Rcsolvecl, That iu addition to the annual sum already 
tionaT ^'*'^'" appropriated by law, for the support and instruction of 
beneficiaries of Massachusetts, at the American Asylum for 
the Deaf and Dumb at Hartford, there be allowed and paid 
from the treasury of the Commonwealth, such sum, not 
exceeding four thousand five hundred dollars, as his excel- 
lency the governor may deem expedient. 

Approved March 26, 1864. 

Chan. 39. Resolve in favor of schools among the Indians of gay head. 

Allowance of Rcsolved, That there be allowed and paid, out of the 

»i49 for 1864. jnoicty of the income of the school fund applicable to 
educational purposes, to John Mayhew, esquire, of Edgar- 
town, the sum of one hundred and forty-nine dollars, to be 
applied to the support of schools among the Indians of Gay 
Head, during the year eighteen hundred and sixty-four : 

ProTiso. provided, that said Mayhew shall make a return of the 

expenditure of this money and the condition of the school, 
to the governor and council, previous to the next session of 
the legislature. Approved March 26, 1864. 

Chap. 40. Resolve in favor of the city of boston. 

Auowanceof Resolved, That there be allowed and paid from the 

bur^tmenrf^' trcasury of the Commonwealth, to the treasurer of the city 
muitary services, ^f Bostou, tlic suiH of scveu tliousaud thrcc liuudred and 
forty-eight dollars, in reimbursement of money advanced by 
said city to pay the officers and soldiers of the volunteer 
militia, called into service, by virtue of a precept issued by 
the mayor of said city, upon the fourteenth day of July, iu 
the year eighteen hundred and sixty-three, under the pro- 
visions of the one hundred and thirty-fourth section of the 
thirteenth chapter of the General Statutes. 

Approved March 26, 1864. 

Chap. 41. Resolve in favor of jioses brown. 

Allowance of .S80, Resolvcd, For rcasoHs set forth in the petition of Moses 

medical services, ^^.^^j^ ^f Tisbury, that tlicrc bc allowed and paid out of the 



1864.— Chapters 42, 43, 44, 45, 46. 321 

treasury of the Commonwealth, to said petitioner, the sum 
of eighty dollars, in full for medical services rendered to the 
Gay Head and Christiantown tribes of Indians, to January 
first, in the year eighteen hundred and sixty-four. 

Approved March 26, 1864. 

Resolve in favor of baknard c. marchant. CllOli, 42. 

Resolved, That there be allowed and paid out of the Allowance of 
treasury of the Commonwealth, to Barnard C. Marchant, toinaLn"^**"** 
guardian of the Christiantown and Chappequiddic tribes of 
Indians, the sum of twelve dollars, in full for provisions 
furnished Asa Peters, one of the Christiantown tribe of 
Indians. Approved March 26, 1864. 

Resolve in favor of edwin mayberry. Chap. 43. 

Resolved^ For reasons set forth in the petition of Edwin Allowance of 
Mayberry of Edgartown, that there be allowed and paid out tlx^vt^Z^'' 
of the treasury of the Commonwealth, to said petitioner, the Indians. 
sum of seventy dollars and sixty-nine cents, in full for medi- 
cal services rendered individuals of the Chappequiddic tribe 
of -Indians, to January first, in the year eighteen hundred 
and sixty-four. Approved March 26, 1864. 

Resolve in favor of the state lunatic hospital at Worcester. Chap. 44. 
Resolved, That the sum of four thousand dollars be allowed Appropriation of 
and paid, from the treasury of the Commonwealth, to the state bii^forTuppiy" 
lunatic hospital at Worcester, to be expended during the ofw^^ter. 
current year, under the direction of the trustees of said hos- 
pital, for the purpose of supplying said hospital .with pure 
water ; and the said trustees shall report to the legislature, 
during the month of January next, a detailed account of 
the manner in which this appropriation has been expended. 

Approved April 5, 1864. 

Resolve in favor of the town of carver. Chap. 45. 

Resolved, For reasons set forth in the petition of the Allowance of »3i 
selectmen of the town of Carver, that there be allowed and fo^ armory rent. 
paid out of the treasury of the Commonwealth, to said town, 
the sum of thirty-one dollars, in full for armory rent during 
the year eighteen hundred and sixty-two. 

Approved April 8, 1864. 

Resolve for the preservation of the harbors of the common- Chap. 46. 
wealth. "' 

Resolved, That the commissioners appointed by the commimioneM 
governor under the authority of chapter eighty-eight of the UlTrbor iiIom.'* 

41 



322 1864.— Chapters 47, 48, 49, 50. 

Resolves of the year eigliteen hundred and sixty-two, are 
hereby authorized, whenever they shall deem it necessary 
or expedient, to establish a line in any harbor in this 
Commonwealth, beyond which no wharf, pier, dock or other 
structure shall be extended into the waters of such harbor. 
Notice and hear- Said commissioncrs, before proceeding to establish such line 
'°^' in any harbor, shall appoint a time and place for the hearing 

of all parties interested, and shall give at least thirty days' 
notice thereof, by publication in two or more newspapers, 
one of which is published in the city of Boston and one in 
the county where such harbor is situated. 

Approved April 8, 1864. 

Chap. 47. Resolve in favor of margaret lindberg. 

Allowance of Resolvecl, That there be allowed and paid, from the 

me'n^t blunt*'' treasury of the Commonwealth, to Margaret Lindberg, 
widow of Marcus Lindberg of Ipswich, a volunteer who 
enlisted in the service of the United States, under the call 
of the president, dated the seventeenth day of October, 
eighteen hundred and sixty-three, and who died before 
being mustered into the said service, the sum of three 
hurtdred and twenty-five dollars; the same being the bounty 
to which the said volunteer would have been entitled, if he 
had been so mustered. Approved April il, 1864. 

Chan. 48. Resolve in favor of the town of pittsfield. 

Allowance of Resolved, That there be allowed and paid out of the 

*ioo for armory trcasury of the Commonwealth, to the selectmen of the 
town of Pittsfield, the sum of one hundred dollars, in full 
for armory rent for the year eighteen hundred and sixty- 
two. Approved April 13, 1864. 

Resolve to provide additional compensation to watchmen of 
the state house, and to the assistant messenger to the 
governor and council. 

Resolved, That, in addition to the sum now provided by 
men^and"»ioo" ^^^' ^^^^^^ ^® allowcd and paid out of the treasury of the 
to^messenger. Commonwcalth, to each of the watchmen of the state house, 
the sum of two hundred dollars, and to the assistant mes- 
senger to the governor and council, the sum of one hundred 
dollars, in full compensation for services, as watchmen and 
assistant messengers, for the present year. 

Approved April 13, 1864. 

Chai). 50. Resolve in favor of Clarissa adams. 

Allowance of Resolvcd, Fov Tcasous sct forth in the petition of the 

5325 as enlist- selectmen of the town of Brookfield, that there be allowed 

ment bounty. ' 



Chap. 49. 



Allowance of 



J 



1864.— Chapters 51, 52. 323 

and paid out of the treasury of the Commonwealth, the 
sum of three luindred and twenty-five dollars, to Clarissa 
Adams, widow of Amos Adams, a volunteer who was duly 
enlisted as a part of the quota of said town, on the thirtieth 
day of December, in the year eighteen hundred and sixty- 
three, and died in camp, without being mustered into the 
service of the United States. Approved April 13, 1864. 

Resolve ix favor of j. stewart brown and others. Chap. 5 1 . 

Resolved, That there be allowed and paid out of the Allowances for 
Union fund, to the persons hereinafter named, the following '""''-^y ^«'^'=«- 
sums : 

To J. Stewart Brown of "Worcester, the sum of one hun- j.s.Brown,si2o. 
dred and twenty dollars, in full compensation for services 
as post-adjutant of Camp Wool, to November eleventh, in 
the year eighteen hundred and sixty-two : 

To B. D. Dwinnell of Worcester, the sum of one hundred B-DDwmneii, 
and forty dollars, in full compensation for services as post- 
quartermaster of Camp Wool, to November twenty-first, in 
the year eighteen hundred and sixty-two : 

To Samuel W. Hopkinson of Bradford, the sum of two s.w.Hopkinson, 
hundred and twelve dollars, in full compensation for services * 
as quartermaster, at Camp Lander, to December twentieth, 
in the year eighteen hundred and sixty-two: 

To Horace W. Durgin of Salem, the sum of one hundred n. w.Durgin, 
and sixty-eight dollars, in full compensation for services 
as post-commissary at Camp Lander, to December twentieth, 
in the year eighteen hundred and sixty-two : 

To Augustus Crocker of Taunton, the sum of one hun- Augustus crock- 
dred and eighty-four dollars, in full compensation for "' ^^^' 
services as post-adjutant of Camp Joe Hooker, to December 
sixteenth, in the year eighteen hundred and sixty-two : 

To Thomas J. Lothrop of Taunton, the sum of one hun- t. j. Lothrop, 
dred and eighty-four dollars, in full compensation for *^^' 
services as post-quartermaster of Camp Joe Hooker, to 
December sixteenth, in the year eighteen hundred and sixty- 
two: 

To Henry B. Brewster of Pittsfield, the sum of one hun- ^^22" "'""""'"*"■' 
dred and twenty-two dollars, in full for services performed 
by him as post-quartermaster at Camp Briggs, to the eigh- 
teenth day of November, in the year eighteen hundred and 
sixty-two. Approved April 13, 1864. 

Resolve IN favor of the family of joiix donnelly, dkceaskd. Chap. 52. 

Resolved, For reasons set forth in the petition of the Aiimv.u.roof 
selectmen of the town of Andover, that there be allowed m«"nt fouut) . 



324 1864.— Chapters 53, 54, 55. 

and paid out of tlie treasury of the Commonwealth, to said 
petitioners, the sum of three hundred and twenty-five dol- 
lars, to be expended by them, for the benefit of the widow 
and family of John Donnelly, a volunteer who was duly 
enlisted as a part of tlie quota of said town, on the twenty- 
eighth day of December, in the year eighteen hundred and 
sixty-three, and died on the ninth day of January, in the 
year eighteen hundred and sixty-four, without being mus- 
tered into the service of the United States. 

Approved April 13, 1864. 

Chap. 53. Resolve in favor of rhoda m. taylor. 

Allowance of $50 Resolved, For reasons set forth in the petition of Daniel 
t^ojown of West- rp^j^p ^^^^ othcrs, that there be allowed and paid out of the 
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 Dart- 
mouth tribe of Indians. Approved April 25, 1864. 

Chap. 54. Resolve in favor of the Massachusetts charitable eye and 

ear infirmary. 
Allowance of Resolvcd, That the sum of twenty-five hundred dollars 

rent yea?!" '''"^" bc allowcd and paid, from the treasury of the Common- 
wealth, to the Massachusetts Charitable Eye and Ear Infir- 
mary, to be expended during the current year, under the 
direction of the trustees thereof, for the charitable purposes 
re"oruo'ie1sia- ^^ ^^^^ infirmary ; and the said trustees shall report to the 
ture. legislature, in the month of January next, a detailed account 

of the manner in which this appropriation has been expended. 

Approved April 25, 1864. 

Chap. 55. Resolve in favor of the washingtonian home. 

Allowance of RcsoIved, That there be allowed and paid out of the 

fotmi'Dgfnebri- trcasury of the Commonwealth, to the treasurer of the 
ates. Washingtonian Home, to be expended by the directors for 

the charitable purposes of the institution, in providing a 
refuge for inebriates, and means for reforming them, the 
sum of four thousand dollars. 
Directors shall Tlic Said dircctors shall report to the legislature, in the 
report to legisia. j^^q,j|.|j ^f 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 ; 
and no distinction shall be made, in the admission of bene- 
ficiaries to said institution, on account of color. 

Approved April 25, 1864. 



1864.— Chapters 56, 57, 58. 325 

Resolve in favor of the perkins institution' and massachu- Chap. 56. 

SETTS asylum FOR THE HLIND. 

Resolved, That the annual appropriation in favor of the increase of annu- 
Perkins lu.'^titution and Massachusetts Asylum for the Blind, sitww."^"* '"^ 
be increased from twelve thousand dollars a year to sixteen 
thousand dollars a year, commencing from the first day of 
April, in the year eighteen hundred and sixty-four, and 
continuing until otherwise ordered by the legislature : 
provided, that the trustees of said institution shall receive Proviso, 
and gratuitously educate all such indigent persons, or the 
children of indigent persons, as the governor may designate, 
and that no charge shall be made to the Commonwealth for 
clothing furnished to state beneficiaries. The governor is 
authorized to draw his warrant upon the treasurer of the 
Commonwealth, in favor of the trustees of said institution, 
for said sum of sixteen thousand dollars annually, the same 
to be paid from the general revenue. 

Approved April 25, 1861. 

Resolve in favor of the discharged soldiers' home. Chap. 57. 

Resolved, That there be allowed and paid out of the Allowance of 
treasury of the Commonwealth, to the treasurer of the futeam/honora- 
Discharged Soldiers' Home, located in Springfield Street, gof^^g'^s^"^**^ 
in the city of Boston, to be expended by the directors of'" 
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 dollars. 

Said sum is hereby appropriated, and the governor, with Appropriation. 
the approval of the council, is authorized to draw warrants 
for such parts thereof, as may, from time to time, be applied 
for, by the president and two vice-presidents of said insti- 
tution. The officers of the institution shall report to the Officers shaii re- 
legislature in the month of January next, a detailed account ture.'° *'^'**" 
of the manner in which this appropriation has been expended, 
the amount contributed by individuals, the total ex})enses of 
the institution, and the number of persons admitted and 
relieved during the year. Approved April 25, 18G4. 

Resolves authorizing the construction of a draw, in the Chap. 58. 

bridge leading from rrighton to the arsenal grounds in 

watertown. 

Resolved, That the commissioners on public lands are commiflsioners 
hereby directed and required to construct and complete, on toconstr'uc't" ' 
or before the first day of June next, a suitable draw, in the 
bridge leading from Brighton to the arsenal grounds in 
Watertown, as authorized by the resolve of the general 



charities to make 
report to legisl 



$135 for medical 



326 1864.— Chapters 59, 60, 61, 62. 

court, chapter one Imiidred and two, passed November 

seveiiteentli, in the year one thousand eight hundred and 

sixty-three. 
Expense, how Resolvecl, That the said commissioners shall pay the cost 

^^"^' of constructing said draw, from the tolls collected on the 

mill-dam. Approved AprU 25, 1864:. 

Chap. 59. Resolve concerning the state almshouse system. 

Board of state Resolvecl, That the whole subject of the state almshouse 
system be referred to the board of state charities, to report 
to the next legislature, with instructions to specially con- 
sider and report what modifications are practicable, in event 
of the system being retained, to prevent the disruption of 
families and the permanent conversion into paupers of resi- 
dent aliens needing temporary assistance. 

Approved April 29, 1864. 

Chap. 60. Eesolve in favor of henry e. mccollum. 

Allowance of Resolved, For reasons set forth in the petition of Henry 

"^ " E. McCollum, that there be allowed and paid out of the 

treasury of the Commonwealth, to said petitioner, the sum 
of one hundred and thirty-five dollars, in full payment for 
medical services rendered to Indians and people of color, in 
the district of Marshpee, to the first day of January, in the 
year eighteen hundred and sixty-four. 

Approved April 29, 1864. 

Chap. 61. Resolve in favor of walter c. smith. 

Allowance of Resolved, For reasons set forth in the petition of Walter 

^^^- C. Smith, that there be allowed and paid out of the treas- 

ury of the Commonwealth, to said petitioner, the sum of 
two hundred dollars. Approved April 30, 1864. 

Chap. 62. Resolve IN favor of margaret hubbard. 

Allowance of Resolvcd, That there be allowed and paid from the treas- 

S;b^ounty'.' i^T of the Commonwcalth, to Margaret Hubbard, widow of 

Horton G. Hubbard of Milford, a volunteer who enlisted 

into the twenty-fifth regiment of Massachusetts volunteers, 

on the fifth day of February, in the year eighteen hundred 

and sixty-four, under the call of the president, and who 

died before being mustered into the service of the United 

States, the sum of three hundred and twenty-five dollars ; 

the same being tlire bounty to which said volunteer would 

• have been entitled if he had been mustered into said service. 

Approved May 3, 1864. 



1864.— Chapters 63, 64, 65, 66. 327 

Resolve in favor of ciiarles cassily. Chap. 63. 

Resolved, That for reasons set forth in the petition of Allowance of 
Charles Cassily of Lowell, there be allowed and paid to the ^^^' 
said petitioner, the sum of one hundred dollars. 

Approved May 3, 1864. 

Resolve ix favor of franklin morgan. C/iap. o4. 

Resolved, For reasons set forth in the petition of Franklin ^"go^fordL- 
Morgan of Palmer, that there be allowed and paid out of the ages. 
treasury of the Commonwealth, to the said Franklin Morgan, 
the sura of thirteen hundred dollars, in full compensation 
for the loss incurred by him, in consequence of a dam on the 
state almshouse farm breaking away, on the twenty-ninth 
day of July, in the year eighteen hundred and sixty-three. 

Approved May 5, 1864. 

Resolve for the purchase of an additional vessel for the QJiap. 65. 
USE of the nautical branch of the state reform school. "' 

Resolved, That the trustees of the nautical branch of the Trustees with 
state reform school, with the approval of the governor and provai nfayVo- 
council, are hereby empowered to obtain by gift or purchase, mo'date°26o boys. 
and to equip, an additional vessel, or to exchange the present 
vessel for a larger one, suitable for the purposes of the 
nautical branch of the state reform school, and to provide 
in such vessel accommodations for a number of boys not 
exceeding two hundred and sixty, and for the requisite 
officers of the same, at an expense to the Commonwealth Expenditure au- 
not exceeding twenty thousand dollars, which sum shall be "'°"^^'^- 
allowed and paid to said trustees for that purpose. 

Resolved,l^\\Q.\. said trustees shall have power to make all May make con- 
contracts and agreements necessary for the purposes men- donatto"ns.^^""^* 
tioned in the preceding resolve, and to accept and receive 
the donation of five thousand dollars offered by G. M. Bar- 
nard, in aid of this object, and any other donations which 
may be offered, to be applied as aforesaid ; and said trustees suaii report to 
shall make a report of their doings and present all their coun'c'i"fo''r°pV 
accounts to the governor and council, to be audited and •"«"'• 
allowed from time to time, as shall be necessary and just. 

Approved May 5, 1864. 

Resolve granting taxes for the several counties. Chop. 66. 

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 



328 1864.— Chapters 67, 68, 69. 

thousand dollars ; Norfolk, sixty thousand dollars ; Hamp- 
shire, twenty thousand dollars ; Hampden, thirty thousand 
dollars ; Franklin, fifteen thousand dollars ; Essex, one 
hundred thousand dollars ; Dukes County, three thousand 
eight liundred dollars ; Bristol, fifty-five thousand dollars ; 
Berkshire, twenty-five thousand dollars ; Barnstable, ten 
thousand dollars. Approved May 5, 18G4. 

Chap. 67. Resolve in favor of the Massachusetts allotment commis- 

SIGNERS. 

Allowance of Resolvccl, That there be allowed and paid from the treas- 

piuses/"' *^' ury of the Commonwealth, a sum not exceeding one thousand 
eight hundred dollars, for the use of the Massachusetts 
allotment commissioners, during the present year, for print- 
ing, stationery, and cost of travel, including also the expenses 
and compensation of any agents who may be appointed under 
the direction of the governor. 
compensatiou of Thc commissioncrs are also authorized to allow their 
secretary. sccrctary a sum not exceeding four hundred dollars per 

annum, for his services in the years eighteen hundred and 
sixty-three, and eighteen hundred and sixty-four, the same 
to be included in the above appropriation. 

Approved May 5, 1864. 



Chan. 68. Resolve to provide for the procuring of flags 

^ ' ' THOSE LOST OR WORN OUT IN THE SERVICE, AND 



TO REPLACE 
FOR OTHER 
PURPOSES. 

Balance of appro- Resolved, That the unexpended balance of the appropria- 
exp*endedby gov- tiou of three thousaud dollars authorized by chapter twenty- 
ernor and coun- gj^ ^f ^j^g Resolvcs of eighteen liuudred and sixty-three, 
together with an additional sum not exceeding one tliousand 
dollars, sliall be allowed and paid for tlie purpose of replac- 
ing the flags of Massachusetts regiments worn out in the 
service, and also for providing the necessary colors and 
guidons for Massachusetts regiments and batteries in the 
service of the United States ; the same to be expended from 
time to time, during the current year, by the governor, with 
the advice and consent of the council. 

Approved May 10, 1864. 

Chan 69. Resolve in favor of the city of Worcester. 

Allowance of Rssolved, That there be allowed and paid out of the 

$575 for armory trcasuiy of thc Commouwealtli, to the treasurer of the city 

of Worcester, the sum of five hundred and seventy-five 

dollars, in full, for armory rent for the year eighteen 

hundred and sixty-three. Approved May 10, 1864. 



1864.— Chapters 70, 71, 72, 73, 74. 329 

Resolve in favor of ciiarles t. carret. Chap. 70. 

Resolved, For reasons set forth in the petition of Ciiarles Allowance of 
T. Carret, that there be allowed and paid out of the treasury ®^"^- 
of the Commonwealth to said petitioner, the sum of one 
hundred dollars, in full payment for the claim set forth in 
said petition. Approved May 10, 1864. 

Resolve in favor of george l. dunbar. Chap. 71. 

Resolved., That there be allowed and paid out of the Allowance of sto 
treasury of the Commonwealth, to George L. Dunbar, the ^le'eT.'"'*''' '''" 
sura of seventy dollars, in full for services performed by 
him in camp at Cambridge, in the year eighteen hundred 
and sixty-one. Approved May 10, 1864. 

Resolve in favor of moses s. herrick. Chap. 72. 

Resolved, That there be allowed and paid out of the Allowance of 
treasury of the Commonwealth to Moses S. Herrick, the *®^'^^°''°^""''- 
sum of three hundred dollars for injuries received in 
the military service. Approved May 10, 1864. 

Resolve in favor of benjamin h. wilson. Chat). 73. 

Resolved, That for reasons set forth in the petition of Allowance of $60 
Benjamin H. Wilson, there be allowed and paid to said ^°/^^''"*''y ^"" 
petitioner the suto of sixty dollars in full for services 
performed by him at Camp Schouler in the year eighteen 
liundred and sixty-one. Approved May 10, 1864. 

Resolves in relation to the valuation op the property of Chap. 14:, 

THIS commonwealth. "' 

Resolved, That a comraittee of this legislature be ap- committee to be 
pointed to make a new valuation of the property of this "pp"'"'*'*- 
Commonwealth, to consist of ten members of the senate 
and twenty members of the house of representatives, each 
county to be represented by at least one member of the 
house. 

Resolved, That said committee shall meet in the senate Meeting. 
chamber, in the recess of the general court, on the third 
day of October next, in order to receive a certified copy of 
the assessors' books, and tables of aggregates, for the year 
one thousand eight liundred and sixty-four, agreeably to the 
requirements of an act of the present session, entitled An 
Act to provide for the valuation of the property of the Com- 
monwealth ; and they shall examine and equalize the same. Duties, 
according to their l»est judgment and discretion ; and they 
shall estimate the polls therein contained, of twenty years 
old and upwards, at the rate of half a mill each on the one 

42 



330 



1864.— Chapters 75, 76, 77. 



Powers if asses- 
sors neglect to 
make returns. 



Vacancies, how 
filled. 



Clerk and other 
officers. 



Chap. 75, 



Allowance of 

$251. 



Chap. 76. 



Allowance of 
$200 to trustee 
of tribe for ex- 
penditure. 



thousand dollars of tax ; and shall estimate all tlie estate 
therein contained at its true and just value. And if any 
assessors shall neglect to make returns conformably to said 
act, said committee shall ascertain the polls and estates, 
and shall thereupon proceed to estimate and equalize the 
same as aforesaid, and shall make an addition thereto of 
twenty-five per centum on the amount thereof; and they 
shall take such measures as they may deem proper to correct 
any informal, imperfect or erroneous returns. 

Resolved^ That said committee have power to fill any 
vacancy which may exist in their body at the time of and 
during their meeting in the recess of the general court, and 
such vacancy shall be filled from the branch in which it may 
occur. They shall choose a chairman, and be authorized to 
require such further returns in addition to those provided 
by law, from state, city and town officers, as may be neces- 
sary ; to appoint a clerk and other officers, to cause to be 
executed all such printing as they may deem to be expe- 
dient, and to procure such stationery and other articles as 
shall be required ; and do such other acts and things as may 
be necessary for the convenient dispatch of their business ; 
and they shall make report of their doings to the next 
general court. Approved May 11, 1864. 

Resolve providing for the payment of the expenses of the 
sickness and funeral of the late seldon jennings. 

Resolved, That there be allowed and paid from the treas- 
ury of the Commonwealth to Henry Stearns the sum of two 
hundred and fifty-one dollars, the same being the amount of 
expenses incident to the sickness and funeral of the late 
Seldon Jennings, a member of the house of representatives. 

Approved May 11, 1864. 

Resolve in favor of john hecktor, a member of the iiassana- 

MISCO tribe of INDIANS. 

Resolved, For reasons set forth in the petition of John 
Hecktor, that there be paid to Charles Brigham, of Grafton, 
trustee of the Hassanamisco tribe of Indians, the sum of 
two hundred dollars, to be expended by him in the repair 
and finishing of the liouse owned by the said John Hecktor, 
situated in the city of Worcester. Approved May 11, 1864. 



Chap. 77. 



Resolve in favor of the state almshouse at monson. 

Resolved, That there be allowed and paid out of the 

» 3 slofor birn. trcasury of the Commonwealth, to the inspectors of the 

state almshouse at Monson, the sum of two thousand 

dollars for the purpose of building a barn for that insti- 



1864.— Chapters 78, 79, 80. 831 

tution ; and the said inspectors are hereby authorized to 
use, in addition to the above, the unexpended balance of 
last year's appropriation, amounting to thirteen hundred 
and thirty dollars, for the same purpose. 

Approved May 12, 1864. 

Rksolve in relation to coast defences. Chap. 78. 

Resolved^ That the governor and council be and are claims of towns 
hereby authorized to audit and allow all claims, by the ernor to be'^'amn- 
various cities and towns of the Commonwealth, for expenses from fund'^of '63. 
incurred in coast defences during the present war, under 
the approval of the governor, and to pay the same out of 
the fund provided for coast defences by the one hundred 
and eighteenth chapter of the acts of the year eighteen 
hundred and sixty-three. Approved May 12, 1864. 

Resolves, in favor of the Northampton lunatic hospital. Chap. 79. 
Resolved, That there be allowed and paid out of the ^^'Xsuomeet 
treasury, to the trustees of the Northampton Lunatic Hos- deficiency in in- 
pital, the sum of five thousand six hundred and six dollars *^*""®' 
and eighty-one cents, to meet a deficiency in the income of 
the said institution up to January first in the year eighteen 
hundred and sixty-four : provided, however, that such Proviso. 
amount of tiie bills due to said trustees on the first day 
of October in the year eighteen hundred and sixty-three 
as shall be hereafter collected be paid into the treasury of 
the Commonwealth. 

Resolved, That there be allowed and paid out of the Heating appara- 
treasury to said trustees tiie sum of eight thousand dollars ' 
for the purpose of furnishing proper boilers aud heating 
apparatus for said hospital. Approved May 13, 18G1. 

Resolve providing for insane persons at tewksbury. Chap. 80. 

Resolved, That there be allowed and paid out of the Allowance of 
treasury of the Commonwealth, a sum not exceeding ten i*^g'for*lneura"'^ 
thousand dollars, for the erection upon the lands of the ties, 
state almshouse at Tewksbury, of a suitable building for 
the accommodation of one hundred harmless and incurable 
insane paupers; and a sura not exceeding fifteen thousand Building for in- 
doUars for the erection, in connection therewith, of a ^iX.ooo""'"""'' 
suitable receptacle for the treatment and restraint of insane 
criminals ; the said buildings to be erected under the direc- supervision of 
tion of tiie inspectors and superintendent of the almshouse, "^""^ 
and the expense thereof paid upon the warrant of the 
governor: provided, the plans and mode of construction pians to be ap- 
of such buildings shall be subject to the approval of the L'rnor!* ''^ '^°'' 
governor and council. Approved May 13, 1804. 



332 1864.— Chapters 81, 82, 83, 84. 

Chap. 81. Resolve authorizing the treasurer of the commonwealth 
"* * to sell certain property. 

Resolved, That the treasurer of the Commonwealth is 
hereby authorized aud directed to sell at public auction 
certain lands with the buildings thereon, situated in Utica 
Street in the city of Boston, numbered sixty-eight and 
seventy on said street and now holden by the Common- 
wealth and belonging to the School Fund, being tlie same 
taken under foreclosure of a mortgage given in the year 
eighteen hundred and forty-seven by Richard Martin to 
secure the payment of twenty thousand dollars in two years 
from that time. Approved May 13, 18G4. 

Chap. 82. Resolve op thanks to rear admiral charles henry davis. 
Resolved., By the senate and house of representatives in 
general court assembled, that the thanks of the general 
court be, and they are hereby presented to Rear Admiral 
Charles Henry Davis, a native of this Commonwealth, for 
his gallant services as fleet captain at the capture of Hilton 
Head, and Port Royal ; and for his distinguished services, 
(after merited promotion to the position of rear admiral,) 
in his command of the naval forces at Fort Pillow, at 
Memphis, and at other points on the Mississippi River ; 
and that a copy of this resolve be forwarded to him by his 
excellency the governor. Approved May 13, 1864. 

Chat) 83 Resolve in favor of the ad.iutant-general. 

Allowance of Resolved, That in consideration of the extraordinary 

s^^oo^fo"" extra laboF neccssarily involvcd in the preparation of his annual 

ygpQj.^ there be allowed and paid to Adjutant-General 

William Schouler, from the treasury of the Commonwealth, 

the sum of five hundred dollars. Approved May 13, 1864. 

Chap. 84. Resolve concerning the soldiers' national cemetery. 
Allowance of Resolvcd, That there be allowed and paid out of the 

Je.;leffin°er' trcasury of the Commonwealth, to the Soldiers' National 
fini^hin^^eufe Ccmctcry, a body politic incorporated by the general assem- 
jH^ ingceme ^^^ ^^ ^^^^ ^^^^^ ^^ Pcnusylvauia, the sum of four thousand 

two hundred and five dollars and thirty cents, being the 
proportion of Massachusetts of tiie estimated expenses of 
removing and reinterring the dead, and finishing the ceme- 
tery at Gettysburg : also that there be allowed and paid to 
Henry Edwards, commissioner from Massachusetts, the 
sum of one hundred and twenty-three dollars and forty- 
seven cents, being expenses paid by him while attending 
meetings of the commissioners of said Soldiers' National 
Cemetery. Approved May 13, 1864. 



1864.— Chapters 85, 86. 333 

Resolve in relation to the ventilation of the hall of the Chap. 85. 

HOUSE OF representatives. 

Resolved, That the speaker of the house of representatives committee to be 

, 1 • 1 • • i^ • /• r il appointed with 

be autliorized to appoint a committee, consisting oi tiiree discretionary 
members of the house, with full power, during the recess of p°"'^''- 
the legislature, to improve the ventilation of the hall of the 
house of representatives, at an expense not exceeding fifteen 
hundred dollars. Approved May 13, 1864. 

Resolve concerning street railways. Chap. 86. 

Resolved^ That the governor, by and with the advice of Governor to ap- 
the council be, and he hereby is, authorized to appoint a LTo^nSTeTa-'^ 
commission of three competent and skilful persons to exam- tlons to cTt[e "and 
ine into tlie relations of street railways to the cities and ^"""jj^*"^ '^^Z 
towns in which the same are located, the relations of further legisia- 
coniiecting street railways to each other and to the use of "°"* "*°°' 
the streets by ordinary vehicles, and into tiie whole matter 
of the conveyance of passengers through the streets by horse 
cars and omnibuses ; whether it be advisable for the legis- 
lature further to provide for the mode of operation of street 
railways, the manner of using their tracks in winter, the 
motive-power to be employed or the systems of commutation 
tickets to be adopted ; whether any street railway corpora- 
tion has violated in letter or spirit any provisions of law in 
respect to paying in or making up the amount of its capital 
stock, or has made any illegal or fraudulent issue of any 
shares thereof; and if so, to what extent and how it has 
been done ; and what legislation is necessary or expedient, 
if any, to correct such abuses or prevent the like hereafter ; 
as to the expediency of providing by law for the improve- 
ment of the street railway system in the city of Boston, by 
removing any tracks now laid and laying other tracks ; as 
to the expediency of legislation rcciuiring depot accommo- 
dations to be furnished ; of allowing railway corporations to 
discontinue the use of their tracks in any streets, and any 
other matters relating to street railways upon which they 
may deem the public interest requires further legislation. 

Said commission is hereby authorized to hear all the pnrties interested 
parties interested in said matters, and for this purpose to ^".^rd""'''^''^^"'^ 
give due notice to every such corporation and to every city 
or town in which any street railway is located, of the time 
and place of such hearing, by sending a written notice to 
the clerk of such corporation, city or town, at least fourteen 
days before such time, and by publishing a notice thereof in 
one or more papers published in the city of l>oston, for such 
time as said commission may deem proper ; and said com- 



334 1864.— Chapters 87, 88, 89. 

commission^to missioii sliall cousider and report to the next legislature 
ieg'isiatu°re with upoii all the subjects submitted to them and shall also draft 
draft of bill. ^^^^ roport a bill containing such provisions as they shall 

deem necessary and expedient. 
Compensation to Thc Compensation of said commissioners shall be fixed by 
ernofand^afrJs- tlio govcmor at such sum for each day spent in the business 
up1)n^corora-^'^ ^^ ^'^® commissiou, as he shall deem equitable, and the 
tions. amount thereof shall be paid by the treasurer of the Com- 

monwealth, and by him shall be assessed upon the several 
street railway corporations in proportion to their paid up 
capital, according to their last returns to the legislature. 
Proceedings if In caso anv such corporation shall neglect for thirty days 

corporations de- p, .,. .. « ii ^ ± ji ^ 

lay payment aftcr Written uotico from the treasurer, to pay the amount 
thirty days. g^ asscsscd, tlic trcasurcr shall institute an actfon in the 
name of and for the benefit of the Commonwealth, and shall 
be entitled to recover thereon the amount assessed on such 
company, with interest at the rate of ten per centum per 
annum from the date of said notice, together with the costs 
of action. Approved May 13, 1864. 

Chan. 87. ReSOXVE in favor of ANDREW D. BULLOCK. 

Allowance of S50 Resolved, That there be allowed and paid out of the 
pen^*'^'"^' ^''' treasury of the Commonwealth to Andrew D. Bullock of 
Fall River, tlie sum of fifty dollars, expense incurred by 
him for medical attendance during the present session. 

Approved May 13, 1864:. 

Chan 88 Resolve in favor of amos butler. 

Allowance of Resolvecl, For Tcasons set forth in the petition of Amos 

Suor°procJis°^ Butlcr of Maldcu, a constable, that there be allowed and 
paid out of the treasury of the Commonwealth, to said 
petitioner, the sum of one hundred and thirty dollars, as 
indemnity for loss and damage suffered, and expenses 
incurred by him, in consequence of serving process under 
an act concerning the manufacture and sale of spirituous 
and intoxicating liquors, passed in the year one thousand 
eight hundred and fifty-five. Approved May 14, 1864. 

Chap. 89. Resolve in favor of milton p. pierce. 

Allowance of S30 Resolved, For reasons set forth in the petition of Milton 
pTocesI!"^'^'*""' P. l^'ierce of Windsor, that there be allowed and paid out of 
the treasury of the Commonwealth to said petitioner, the 
sum of thirty dollars, as indemnity for loss and damage 
suffered and expense incurred by him, in consequence of 
serving process under an act concerning the manufacture 



1864.— Chapters 90, 91, 92, 93, 94. 335 

and sale of spirituous or intoxicating liquors, passed in the 
year one thousand eight hundred and fifty-two. 

Approved May\U, 1864. 



Resolve in favor of the family of moses w. chapin, deceased. Chap. 90. 

Resolved, That there be allowed and paid out of the Allowance of 
treasury of the Commonwealth, the sum of three hundred *^'^- 
dollars to the family of Moses W. Ciiapin, deceased, a mem- 
ber elect of the present legislature for the town of Clncopee. 

May 14, 1864. 



Resolve authorizing the governor to procure copies of Chat). 91. 

PLANS OF the boundary LINE BETAVEKN MASSACHUSETTS AND "* 

RHODE ISLAND. 

Resolved, That his excellency the governor be requested 
to procure from tiie archives of the supreme court at Wash- 
ington authenticated copies of all plans of the boundary line 
between the Commonwealth of Massachusetts and the state 
of Rhode Island used in the suits between said states here- 
tofore pending in said court. Approved May 14, 1864. 

Resolve concerning the state reform school, at west- Chap. 92. 
borough. "' 

Resolved, That there be paid out of the treasury to the Allowance of 
trustees of the state reform school at Westborough, the sum ing 'apparatus! 
often thousand dollars, for the purpose of procuring a new 
heating apparatus for said institution. 

Approved May 14, 1864. 

Resolve in favor of certain Indians of the Dartmouth tribe. Chap. 93. 

Resolved, That there be allowed and paid out of the Allowance to 
treasury of the Commonwealth to the chairman of the board o? ^gs^'foTfx-^*"^' 
of selectmen of the town of Westport the sum of ninety- f "•?''-' °f"'""'i'» 

. , • r. 11 /. 1 • T •! • T 1- Indians in prose- 

eight dollars in full, lor him to distribute to certain Indians cuting claim. 

of the Dartmouth tribe to remAiuerate them in part lor 
expenses incurred by them in attending at executive sessions 
of the governor and council, and sessions of the legislature, 
in the years eighteen hundred and sixty-two, eighteen hun- 
dred and sixty-three, and eighteen hundred and sixty-four, 
in prosecuting their claim to certain lands in tlie ancient 
township of Dartmouth, and vicinity. 

Approved May 14, 1864. 
Resolve in favor of certain officers of the state pitisoN. Chap. 94. 
Resolved, That there be allowed and paid out of the Additional com- 
trcasury of the Commonwealth, to the subordinate oHiccis lowedVorcurrent 
of the state prison, excepting tiie clerk and deputy warden, ^''"- 
one hundred dollars eacii, one-half thereof on the first day 



336 1864.— Chapters 95, 96, 97, 98, 99. 

of June next, the remainder 'on the first day of October 
next, as additional compensation for the current year. 

Approved May 14, 1864. 

Chap. 95. Resolve authorizing the treasureu to borrow money in 

ANTICIPATION OF THE REVENUE. 

Loan authorized. Resolved, That the trcasurcr 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 

Payment defined, iipou tlic trcasury, withiu 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: 

Amount of loan, pvovidecl, that tlic wliolc auiouut 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 May \\,l^Q^. 

Chan. 96. I^'^^olve in favor of the sergeant-at-arms, the clerics of 

' ' * THE SENATE AND HOUSE OF REPRESENTATIVES, AND OF THE 

SEVERAL DEPARTMENTS. 

'^er°renT\dd?'^ ^^^olved, That the sergeant-at-arms, the clerks of the 

tionai compensa- seuatc aud housc of representatives, and each of the clerks 

turn for current g^^piQye(j j^ ^[je ^tatc Houso iu tlic scvcral departments, 

whose salaries have not been raised the present year, be 

allowed the sum of twenty per cent, upon their respective 

salaries, as additional compensation for the current year. 

Approved May 14, 1864. 

Chap. 97. Resolve in favor of the chaplains, messengers and pages 

■^ ' OF THE LEGISLATURE. 

Additional com- Resulved, That there be allowed and paid to each of the 
sation auowed. doorkeepers and messengers of the legislature the sum of 
two hundred dollars, and to each of the chaplains and pages 
of the legislature the sura of one hundred dollars ; said 
sums to be in addition to the sums now by law allowed 
them. Approved May 14, 1864. 

Chap. 98. Resolve in favor of the messenger to the secretary of the 
"' * commonwealth. 

Allowance of Rcsolved, That there be allowed and paid to the messen- 

for*^u*rrent7ear. gcr to thc Secretary of the Commonwealth, the sum of two 
hundred dollars in addition to his salary for the current 
year. Approved May 14, 1864. 

Chap. 99. Resolve in favor of the families of abner harlow, john 

DACEY, ABEL WETHERBEE AND SELDEN JENNINGS. 

Allowances. Resolved., That there be allowed and paid out of the 

treasury of the Commonwealth to the families of Abner 



1864.--CHAPTERS 100, 101, 102, 103. 337 

Harlow, John Dacey and Abel Wetherbec, late members of 
the house of representatives, the sum of three hundred 
dollars each, and to the family of Selden Jennings, a late 
member of the house of representatives, the sum of one 
hundred and ninety dollars. Approved Maij 14, 1864. 

Resolve in favor of tiik state of maine. Chcip. 100 

Resolved, That there be allowed and paid to the state of Allowance of 

"ff*^ 477 24 as bal- 

Maine the sum of twenty-four hundred and seventy-seven anceofwardebt' 
dollars and twenty-four cents, in full for all claims growing ofi8i2-i5. 
out of the war debt of eighteen hundred and twelve and 
fifteen. • Approved May 14, 1864. 

Resolves for the compensation of the valuation committee. Chap. 101 

Resolved., That there be paid out of the treasury of the compensation 
Commonwealth to each member of the Valuation Committee 
four dollars for each and every day's actual attendance, not 
exceeding ninety days in all, and one dollar for every five Trayei. 
miles travelled from their respective places of abode to the 
place of sitting of said committee once during its session. 
Actual attendance under this resolve shall include every Actual attend- 
day of attendance upon sessions of the committee, Sundays, '»"«<^«fi"«'^ 
days of adjournment, not exceeding two days at any one 
time, and days of sitting on sub-committees during sessions 
of the general committee. 

Resolved, That the compensation to such messengers, compensation of 
door-keepers and pages of the Valuation Committee as said t^l^u"^^' """^ 
committee may deem necessary, shall be at the same rate 
per day as the average pay allowed at regular sessions of 

the legislature. Approved May 14, 1864. 

Resolve of thanks to the federal armies. Chap. 102 

Resolved, That the thanks of Massachusetts be and they 
are hereby tendered to the ofiicers and soldiers of the 
Federal armies for their soldierly bearing, for their recent 
heroic achievements, for their self-sacrificing zeal and their 
unalterable determination in the cause of our country and 
freedom. Approved May 14, 1864. 

Resolves in relation to national affairs. Chap. 103 

Resolved, That Massachusetts recognizes that the sole object of present 
objects of the present war are the restoration of the consti- TupportofgoT-** 
tutional authority of the National Government over every firm^.j""**'" 
part of the Union, and the establishment of permanent 
peace, and that these objects can be attained, and can only 
be attained, by a resolute prosecution of the war; and she 
re-affirms her determination to support the government of 
43 



338 1864.— Chapters 104, 105, 106. 

the United States with all her resources and to the utmost 
of her power. 
Military emanci- Resolvecl. That the policv of emancinatino: the slaves in 

pation ot slaves ^ , . ^ i • . • i • • i • n , 

approTed. the lusurgeut districts, by a constitutional exercise of the 

military authority, has strengthened the hands of the gov- 
ernment at home and enlarged its influence abroad. 
Abolishment and Resolved, That tlic aboHtiou of slavery is essential to the 
prohibHiorof establishment of permanent peace, and that an amendment 
slavery urged, ^f ^j^g coustitutiou forcvcr prohibiting involuntary servitude 
within the limits of the United States, except for crime, is 
of urgent importance. 
Public credit^to Resolvecl, That the condition of public affairs demands 
the wise husbanding of the national resources in every 
department of the government, and requires the adoption 
by congress of a just and comprehensive system of taxation, 
■ adequate to the maintenance of the public credit. 
Thanks to army Resolved, That Massachusctts offers her hearty thanks to 
respe^JtYomemo- ^^^^ bi'ave mcu of cvcry state, who on land and sea, have 
ry of fallen. fought and suffcrcd for the cause of the country, and grate- 
fully cherishes the memory of those who have fallen in its 
defence. 
President-sad- Resoh'ed, That the president of the United States, in a 
crisis of unexampled difficulty, has discharged the duties of 
his office with fidelity, sagacity and courage, and that his 
administration deserves the confidence of the people. 

Aj)proved May 14, 1864. 



be maintained 



ministration ap- 
proved, 



Chap. 104 

Allowance of 
$100 each addi- 



Resolve to increase the pay of members of the council. 
Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth to each of the members of 
the council, the sum of one hundred dollars in addition to 
the sum now by law allowed them. Approved May 14, 1864. 

Chap. 105 Rksolve authorizing additional compensation to members 

OF the legislature. 

Allowance of Rcso/ved, That tliere be allowed and paid to each member 

tionaufo/session. of the legislature, in addition to the amount provided for in 
section thirteen of chapter two of the General Statues, for 
the session of the present year, the sum of one hundred 
dollars. \_Passed in concurrence on fourteenth of May hy the Senate and 
House of Rep7-esentatives in the manner prescribed ly the constitution, upon 
leiny returned hy the governor with his objections and without approval.'] 

Chap. 106 Resolve in favor of the roxbury reserve guard. 

Allowance of Rcsolved, Tluit there be allowed and paid from the treas- 

terytt/vkM.''"' ury of the Commonwealth to the members of the military 



1864.— Chapters 107, 108. 339 

organization known as the Roxbury Reserve Guard, the 
sum of eleven hundred and forty-four dollars, in full com- 
pensation for military services rendered to the Common- 
wealth from the fourteenth to the twenty-first day of July, 
in the year eighteen hundred and sixty-three : said sum to 
be distributed among the members of the said organization, 
in accordance with a special duty return made by Edward 
Wyman, in behalf of said organization, dated the twenty- 
sixth day of August, in the year eighteen hundred and 
sixty-three, and now on file in the office of the adjutant- 
general. 

The adjutant-general shall present a roll of the persons 
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 their order at the 
treasury of the Commonwealth. iBecame to " have the force of 

law" on seventh of March from reason of not having been, returned by the 
governor, vnth his objections, within five days after receiving the same, the 
legislature not having adjourned ivithoul day."] 



Resolve in favor of the roxbury horse guards. 



Chap. 107 



Resolved, Tiiat there be allowed and paid from the treas- Allowance of 



$612 for military 
services. 



ury of the Commonwealth, to the members of the military 
organization known as the Roxbury Horse Guards, the sum 
of six hundred and twelve dollars, in full compensation for 
military services rendered to the Commonwealth, from the 
fourteenth to the twenty-first day of July, in the year 
eighteen hundred and sixty-three : said sum to be distrib- 
uted among the members of the said organization, in 
accordance with a special duty return made by Almon 
D. Hodges in behalf of said organization, dated the sixth 
day of October, in the year eighteen hundred and sixty- 
three, and now on file in the office of the adjutant-general. 

The adjutant-general shall present a roll of the persons 
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 sucli ])ersons, or their order, at the 
treasury of the Commonwealth. iBecame to ''have the force of 
law " on seventh of March from reason of not having been returned by the 
governor, with his objections, within five days after receiving the same, the 
legislature not having adjourned without day.'} 

Resolve in favor of the Washington home guard. Chap. 108 

Rcso/ved, That there be allowed and paid to William B. Aiiowanceof 
Bartlett, treasurer of the military organization in the city Benkel.^^ ' 



340 1864.— Chapter 108. 

of Cambridge, known as the Washington Home Guard, the 
• sum of three hundred and thirty-six dollars in full compen- 

sation for services performed by the members of said organ- 
ization on the ninth day of July, in the year eighteen 
hundred and sixty-three. [Became to ''have the force of law" on 
twenty-seventh of March from reason of not having been returned by the 
governor, with his objections, within five days after receiving the same, the 
legislature not having adjourned without day."] 



1^ The General Court of 1864:, during its annual session, passed three 
hundred and fifteen Acts and one hundred and four Resolves, which 
received the approval of the Governor. 

The Acts may be classified as General Statutes, or Acts of a public 
character, one hundred and fifty-three ; and Special Acts, relating 
to individuals and corporations, one hundred and sixty-two. 

In addition to these, a " Resolve authorizing additional compensation 
to members of the Legislature," being laid before the Governor, and 
returned by him to the House of Representatives, with his objections 
thereto, the said Resolve was reconsidered and placed upon its final 
passage in the manner provided by the Constitution, notwithstanding the 
said objections, when two-thirds of the members present, and voting 
thereon, having voted in the affirmative, it was thereupon sent up to the 
Senate, and its passage being voted by a majority, as required, the same 
became a law. 

Three several Resolves in favor of the " "Washington Home Guard," 
the " Roxbury Reserve Guard," and the " Roxbury Horse Guards," 
respectively, were laid before the Governor, and having failed of his 
approval, and not being returned within five days after receiving the 
same, the Legislature not having adjourned without day, said Resolves 
acquired the force of law, and have been so certified. 



INAUGURAL ADDRESS 



HIS EXCELLENCY JOHN A. ANDREW. 



At half-past twelve o'clock on Friday, the eighth 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 com- 
mittee of the two Houses, met the Senate and House of 
Representatives, in Convention, and delivered the following 

ADDRESS. 

Gentlemen of the Senate and 

of the House of Representatives : 

At the beginning of a year which opens full of Hope for 
our Country and for the cause of humanity succeeding one 
of great struggle but of unexampled moral and military 
progress, we cannot fail to remember the religious origin of 
our Commonwealth, nor to perceive in the workings of that 
experience by which we have been led through mutations of 
necessary trial \ip to the heights of many a victory, the 
ways of an Lifinite Litelligence and Love. 

The interest of a subject so fascinating to the imagina- 
tion, so exciting to tiie intellect, and so winning to the 
heart, attracts us to the consideration of our political con- 
dition and National opportunities, illumined by a Celestial 
Light. But we can pause only for the moment, while we 
pay our vows at the altar of a new consecration, before we 
advance to the study of our more immediate tasks in the 
sphere of government. 



342 



GOVERNOR'S ADDRESS. 



I propose attempting to unfold in this Address, the exter- 
nal history (if I naay so express it,) of the relation of our 
Commonwealth to the movements in which she has borne a 
part, and those material conditions to her future usefulness 
of which legislation can take cognizance. 

FINANCES. 

The vigor of our fiscal condition is due to the fearless 
integrity with which preceding legislatures have regarded 
the financial wants and resources of the State. Adapting 
means to ends, they have taxed these resources sufficiently 
to create revenues adequate to our duties and necessities. 
It will become your office, gentlemen, with equal confidence 
in the intelligent patriotism of the people, in like manner to 
require such material contributions to the common treasury 
as the public good may require, with the least possible resort 
to permanent loans or any of the expedients of delay. 

The receipts and payments of the State Treasury during 
the year 1863, have been as follows, viz. : 



State Tax, 1862, . 
State Tax, 1863, . 
Bounty Tax, 1863, 
Bank Tax, 1863, . 
Savings Bank Tax, 1863, 
Insurance Tax, 1863, . 



Receipts. 



$34,405 38 
2,392,344 00 
3,324,274 74 
646,728 89 
400,080 01 
122,213 90 



Other sources, 



46,920,046 92 
. 309,776 26 



$7,229,823 18 



Payments. 
Executive Department, 
Secretary's Department, 
Treasurer's Department, 
Auditor's Department, . 
Attorney- General's Department, . 
Bank Commissioners, . 
Insurance Commissioners, . 
Agricultural Department, 
Sergeant-at-Arms, &c., 
Judiciary Department, 
Legislative Department, 
Adjutant-General's Department, . 
State aid and Reimbursem'nt of'Bounties, &c. 
Miscellaneous, .... 

Charitable, 

Correctional, .... 
Interest, 



$26,083 31 

18,510 69 

8,666 06 

7,082 72 

16,344 92 

8,002 58 

5,461 06 

30,460 69 

14,959 63 

155,048 62 

162,377 14 

161,478 68 

5,116,032 19 

212,702 64 

293,663 94 

83,948 96 

407,773 87 



3,728,597 70 



Surplus receipts, $501,225 48 



GOVERNOR'S ADDRESS. 



343 



BACK BAY LANDS. 

The net proceeds of sales of the Back Bay lands during 
the past year, (419,209 sq. ft.) is $857,925.28. 

The total net amount from the beginning, (1,190,440 sq. 
ft.) is $2,017,800. 

There have been paid for educational purposes, and 
funded for the public schools, out of these proceeds, the 
following sums, viz. : 



INSTITUTION. 


Amount of 
Grant. 


Amount paid in 
1863. 


Total amount 
paid. 


Museum of Comp. Zoology, . 
Tufts College, 
Williams College, . 
Amherst College, . 
Wilbraliam Academy, . 
School Fund, 


$100,000 00 

50,000 00 
25,000 00 
25,000 00 
25,000 00 

- 


$67,135 33 
37,606 00 
18,803 00 ' 
18,803 00 
19,101 04 

279,457 88 


$87,792 33 
50,000 00 
25,000 00 
25,000 00 
25,000 00 

297,079 80 


There has been paid into the t 
scrip, (in full.) . . ' 

There has been paid into tl 
public debt, (under chap. 2c 


$225,000 00 

reasury, for re( 

e treasury, fo 
5, Acts 1856,) 


$440,906 25 
leeming land 
r redeeming 


$509,872 13 

220,000 00 
300,000 00 








$1,029,872 13 



The value of land unsold, but filled and the filling paid 
for, is estimated at $1,500,000. 

There remains less than $13,000 to be paid the Museum 
of Comparative Zoology, to complete the grant of $100,000 
made to that institution. I trust that liaving wisely devoted 
to it a liberal sum, helping to establish one of the most 
celebrated museums of natural history in the world, the 
Commonwealth will with similar wisdom help to render it 
available for the instruction of the people. Classes from 
the normal schools and advanced classes from other schools 
might derive the highest benefits from resorting to the 
Museum and studying the specimens, aided by the lectures 
of its distinguished iiead and his assistants, llow to see, 
how to study, not merely how to learn by rote and others' 
thoughts, but how to think, and thus to contribute of our- 
selves to science and learning, is the grand problem of 
education. 

The Boston Society of Natural History, having completed 
its new building on the laud granted by tlio Commonwealth 



;344 GOVERNOR'S ADDRESS. 

on the Back Bay, is now arranging its museum. A fresh 
« impulse has been given to the society by its new accommo- 

dations, and much benefit may be expected to public educa- 
tion from its large and growing collections. 

The Massachusetts Institute of Technology, having com- 
plied with the conditions of the Act allotting to its use a 
portion of the Back Bay lands, has commenced an edifice 
designed especially for the School of Industrial Science, 
which will accommodate the Museum of Arts and Manufac- 
tures until a building shall be erected at the western end of 
the assigned space corresponding to that of the Society of 
Natural History. The Institute has formally accepted the 
Act of the Legislature assigning to its use a portion of the 
fund accruing from the Congressional grant of public lands 
for the benefit of agriculture and the mechanic ar*^^s. Beside 
its operations as a society of arts, the Institute is preparing 
to open courses of practical instruction and to begin the 
organization of its industrial museum. The liberality which 
has enabled it to pursue its plans of practical education is 
evidence of the wise foresight that accompanies the patriotic 
activity of the people, and is a guaranty of expanding use- 
fulness. 

MILITARY BOUNTIES — STATE AID. 

By chapter 91 of the Acts of 1863, the Governor was 
" authorized to offer and pay bounties, not exceeding the 
rate of 150 each, to volunteers for the military service of 
the United States who may hereafter enlist and be duly 
mustered into the said service during the present war," and 
by chapter 254 of the Acts of 1863, passed at the extra 
Session, November 18th, the bounty was increased to |325 
in hand, or, at the election of the volunteer, $50 in hand 
with a monthly pay or bounty of 120 during the term of 
service, to be paid to each volunteer who has been or here- 
after shall be mustered into the military service of the 
United States. 

Drafted men are clearly not included in the provisions of 
either of these statutes. It has been contended, however, 
that substitutes for drafted men, as being volunteers, are 
therefore within the terms of the statute, and although a 
strictly literal interpretation of the law might authorize the 
payment of this bounty to them, yet I have not thought that 
such was the true intent of the Act. I have been unwilling 
so to construe its provisions that a person who has declined 
to volunteer in his own behalf, but has reserved himself in 
order to sell out to some drafted citizen, should receive from 



GOVERNOR'S ADDRESS. 345 

the Commonwealth the bounty originally offered l)y her to 
the Tolunteer, but denied to the drafted man in whose shoes 
the substitute stands. Nor have I believed it to be politic 
to accord to that class of soldiers known as substitutes, a 
favor not granted to the citizen who obeyed the call of his 
country by rendering his own personal service when drafted. 
The statute alluded to authorized the Governor to pay such 
bounties, but did not make it imperative on him. I respect- 
fully lay the matter before you for such action as may seem 
expedient. 

Under this statute, another question has been frequently 
raised whether the Commonwealth could lawfully recognize 
orders given by vt)lunteers to third parties prior to their 
own muster into the service of the United States. I have 
been unable to put such a construction upon this Act as to 
authorize me to recognize such orders. By the terms of the 
Act the bounty is to be paid to volunteers who " shall enlist 
and be duly mustered into the military service of the United 
States," so that no man can lawfully be paid who is not 
mustered^ and it is obvious that to accept such orders in 
advance of muster is, in effect, to pay the bounty 'prior to 
muster, thus creating the very mischief which, by making 
the muster-in a condition precedent to the payment of the 
bounty, the Legislature intended to avoid. It is evident 
tliat if a volunteer, having received an advance from a third 
party, on such an order, should subsequently repudiate his 
obligation, should desert, avoid or refuse muster, or should 
be rejected by the mustering officer when offered for muster, 
the paymaster, under such circumstances, would have no 
right to pay him, and the lender must sustain a loss ; and if 
such advance had been made under the sanction or approval 
of the Governor, the lender would liave just cause of com- 
plaint that such encouragement had tended to mislead him. 

I am clearly of opinion that the provisions of the Legisla- 
ture in this Act were, in this respect, prudent not less to 
prevent the fraud, oppression and cruelty practised upon 
recruits, than to prevent a wrongful depletion of the treasury 
of the Commonwealth. Not only am I satisfied of the cor- 
rectness of the conclusions which have been reached upon 
this sultject and the principles they involve, but the experi- 
ence of a few days only in the practical working of the sys- 
tem adopted, impressively illustrated the correctness of the 
position assumed. 

In consequence of an order from the office of the Adjutant- 
General of the United States, dated November 27, 18G;J, pro- 
viding that " All men who in future enlist into the regular 

44 



346 GOVERNOR'S ADDRESS. 

army, under the late call of the President for troops, will be 
credited upon the quota of the district in wliich they enlist," 
I recommend that the various Acts providing for bounties, 
and also those in aid of the families of volunteers, be ex- 
tended to meet the cases of persons enlisting as soldiers in 
the regular army and credited to this Commonwealth in the 
same manner as are the State volunteers. 

I also respectfully recommend such a modification of the 
laws relating to State relief to the families of soldiers, as to 
include all such families, irrespective of their residence, and 
to authorize relief to be given retroactively when the situ- 
ation of a family may require it. The not calling for State 
relief until necessity for it exists, ought to be rewarded, and 
not to be deemed a reason for its denial. The rise of prices 
and of wages at home has put the soldiers already in the 
field under former calls, at a disadvantage. It bears heavily 
on their dependent relatives. And while the people feel 
themselves rich enough to offer large bounties to new volun- 
teers, the relief laws for protection against want ought to be 
liberal i;i their terms, and liberal in their administration 
towards the families of these noble veterans who have borne 
and must slill endure the brunt of war. Every case of rea- 
sonable expectation disappointed, is an injury to the general 
service. It weakens the confidence of many people, who, in 
humble life and narrow circumstances, cherish with even 
pathetic devotion tlie spirit of patriotism, and whose very 
remoteness from the possession of power renders them pecu- 
liarly sensitive to apparent injustice or want of consideration. 

SCRIP — INTEEEST. 

The last legislature at its special session made only tem- 
porary provision for the payment of the bounties to volun- 
teers. It will be necessary to provide either by tax or by 
the sale of the scrip of the Commonwealtli, for reimburse- 
ment of the sums borrowed for this purpose. I assume that 
a portion must be obtained by loan. The difference between 
the market value of scrip bearing interest payable in coin, 
and that bearing interest payable in currency, is found not 
equivalent to the difference in the expense to the State of 
buying tbe gold with which the interest is paid. 1 therefore 
respectfully commend the subject to the attention of the 
Legislature. The faith of the State is pledged to the pay- 
ment of interest on all outstanding bonds in coin, but no 
such pledge, express or implied, as yet attaches to future 
issues. 



GOVERNOR'S ADDRESS. 347 

I also recommend the creation of a sinkinp; fund for the 
redemption of all new securities which may be issued. 
With inconsiderable exceptions it has been tlie policy of the 
Commonwealth to accompany every issue of scrip with a 
sinking fund which should secure its redemption before 
maturity. This policy should not be departed from in any 
instance. And I have no doubt we shall maintain tlie credit 
of the Commonwealth unimpaired, even under the strain 
created by the exigencies of the war. 

REIMBURSEMENT BOUNTY ACT. 

By the Act of the legislature of last year, to provide for 
reimbursement of municipal bounties paid to volunteers, 
and to apportion and assess a tax therefor, (Acts of 1863, 
ch. 218,) provision was made for these objects, and returns 
were ordered to be rendered of bounties paid to volunteers 
mustered into the military service of the United States under 
the calls of July and August, 1862, which returns were to 
be made in the forms I sliould prescribe. In pursuance of 
the statute, 1 issued an order on the 13th of May last, direct- 
ing that such returns should be under oath, by the mayor 
and aldermen and city treasurer of each city, and the select- 
men and town treasurer of every town. These returns were 
examined, compared and revised under my direction ; and 
the amount to be reimbursed to each city or town was thus 
ascertained, amounting, in the aggregate, to $3,418,640.50. 
By the provisions of the Act, reimbursement was limited to 
$100 for each volunteer. Several towns had paid higher 
rates of bounty and therefore do not receive back the full 
amount which they have paid out. The whole amount of 
bounties paid was 84,596,046.45 ; and the excess of $1,177,- 
405.95, is not provided for in the Act, and was not intended 
to be. 

Under the provisions of the same Act, I certified the 
amounts of reimbursement to the treasurer of the Common- 
wealth and to the assessors of the several cities and towns, 
on the 12th day of August last. The treasurer apportioned 
the aggregate of the amount among the several cities and 
towns, in tlie same manner as the aggregate of the annual 
State tax for the current year is apportioned, for the purpose 
of raising tlie same by taxation, or such other mode of pay- 
ment as the towns and cities should elect under the statute. 
But in conse([uence of changes since the valuation of 1860, 
such assessment does not produce the amount required, and 
there is a deficiency of $4,888.67 which must be provided 



348 GOVERNOR'S ADDRESS. 

for by a specific appropriation. The tax assessed ap^reeably 
to the terms of the statute and according to the valuation of 
1860, foils short, as every State tax since 18G1 has done, by 
the sum of $1.43 in every $1,000, the tax to reimburse $3,- 
418,640.50, producing only $3,413,751.83. 

The errors in computing the State tax, as the laws now 
exist, arise from the following causes : A rate of taxation 
was fixed for every town and city in the Commonwealth, by 
the valuation committee of 1860. The Act of 1861, chapter 
110, following the tables prepared by the committee, re- 
quired each town or city to pay a certain sura for every 
thousand dollars of State tax that should be raised. These 
rates were, by the same statute, required to remain in force 
for ten years. By the transfer of Pawtucket to Rhode 
Island a deficiency was created of $2.37 in every $1,000. 
By chapter 211 of the Acts of 1861 the ratio of North 
Reading was changed from $2.12 to $0.66, causing a loss of 
$1.46 in every $1,000. By chapter 132 of the Acts of 1862 
the ratio of Seekonk was changed from $1.57 to $0.56, 
causing a loss of $1.01 in every $1,000. And by chapter 
6Q of the Acts of 1863 the ratio of Halifax was changed 
from $0.45 to $0.40, causing a loss of $0.05 in every $1,000. 
There was also an error in addition for Franklin County, 
causing a deficiency of $0.01 in every $1,000. The ratio of 
Fall River was raised by chapter 132 of the Acts of 1862 ; 
and there was an error of $1.25 in the addition for Middle- 
sex County. The latter two variations tend to increase the 
aggregate, but they are insufficient to compensate for the 
opposite alterations before mentioned ; and there is still a 
deficiency of $1.43 in every $1,000 of State tax that is 
raised, which will recur in every State tax until correction 
is applied. 

These errors arose from making partial changes in favor 
of individual towns, without making corresponding general 
changes in regard to the whole basis of apportionment, and 
also by omission to provide for the losses by the transfer of 
Pawtucket to Rhode Island and by the error in addition for 
Franklin County. The remedy will be, a revision of the 
schedule established as the basis of apportionment by chap- 
ter 110 of the Acts of 1861, and the passage of an Act 
corresponding to such revision, so that the aggregate of 
amounts to be paid by each town and city upon every $1,000 
of State tax, shall amount in full to $1,000. After that is 
done, no change should be made in favor of any individual 
town without making a corresponding revision of the sched- 
ule in order to provide for the deficiency. Such revision, 



GOVERNOR'S ADDRESS. 349 

however, will not supply the deficiency which has occurred 
under the Act respecting the reimbursement of bounties; 
and a specific appropriation, as before stated, will be neces- 
sary to make up the balance of that reimbursement. 

TROY AND GREENFIELD RAILROAD, AND HOOSAC TUNNEL. 

The enterprise of constructing the Iloosac Tunnel is in 
vigorous progress, under the management of its able and 
experienced Commissioners. The construction of the road 
lying east of the mountain, of which the eastern terminus 
is in Greenfield, is not yet resumed. Certain questions of 
title, springing from what is called " The Smith Mortgage," 
seemed to render it improper that the Governor and Council 
sliould assume that responsibility in advance of judicial 
determination. The Attorney-General of the Commonwealth 
was charged with instituting proceedings to bring these 
questions before the Supreme Judicial Court for adjudica- 
tion, and I am advised by him that measures are in progress 
to accomplish that end. 

A Report has been made by the Commissioners to the 
Governor and Council, bringing down to the close of the 
last calendar year an account of their doings and expendi- 
tures. This document with various legal opinions in writ- 
ing, and the record of the proceedings of the Governor and 
Council in relation to tiie Railroad and the Tunnel, may all 
be important for consultation, should the Legislature find 
occasion to consider any matter pertaining to the enterprise, 
or should any new legislation be invoked concerning it. I 
think that a Committee of the Legislature ought ajinually 
to examine the progress of the work, the reports made to 
the Executive Department, and the contracts authorized, so 
as to understand the general economy of the management. 
But I do not think that either economy or efficiency requires, 
or is even consistent with, annually publishing the precise 
measures planned by the Conunissioners. To do so would 
sometimes be fatal or injurious to their success. 

Warrants have been ordered, during the past year, for the 
payment of '121,998.40 in liquidation of land damages, and 
$163,006.51 in liquidation of claims against H. Haupt & 
Company for materials, service and labor, which were pre- 
sented before the Commissioners and allowed by them under 
the Act of 1862. These amounts represented indebtedness 
incurred under the former management, all of which, except 
the land damage claims, ought to have been paid out of 
means afforded by tiie scrip of the Commonwealth iiereto- 



350 GOVERNOR'S ADDRESS. 

fore issued. These payments are therefore in the nature of, 
a second payment for the same thing. 

The progress during the year 1863, is rather in prepara- 
tion than in construction. But a large force — of about 350 
men — is now employed, and the work is fully begun. 

The payments from tlie Treasury on account of the Tun- 
nel, for expenditures incident to the business of the last 
year, and to meet expenses of the year 1862, are $53,503.06. 
Of this sum, -140,000 were placed in the hands of the Com- 
missioners for disbursement, pursuant to the statute of 1863. 

The expenditure the Tunnel will require during the cur- 
rent year, is estimated by the Commissioners at '$300,000. 

The original Tunnel Loan provided for, was 12,000,000. 
Its unissued balance being $1,211,000, was by the Act of 
1863, chap. 214, appropriated to the execution of the work 
under the new system of direct State supervision, origin- 
ating in the Legislature of 1862. To the payments during 
the past year, already mentioned, there is to be added the 
interest paid on scrip. The scrip issued in 1863, was 
$209,000. 

HARBORS AND FLATS. 

The preliminary surveys of Boston Harbor, prosecuted 
under the direction of the Commissioners of the Coast Sur- 
vey on the part of the United States, have been completed. 
The results are nearly in a condition to be reported. In 
the meantime measures are in progress to ascertain the 
course to be recommended for the management and disposal 
of the Flats belonging to the Commonwealth, between South 
Boston and the channel, and also for the preservation of the 
Harbor of Boston. The Commonwealth Commissioners on 
Harbors and Flats hope to be able to make an early report 
thereon to the present Legislature. In the meantime I am 
advised by their Chairman that by communications from the 
United States Commissioners, they are warranted in urging 
attention to the importance of some immediate action to 
protect the outer harbor of Boston from the constant and 
rapid action of the winds and waves upon the islands form- 
ing its outer barriers, which threatens, if not soon arrested, 
to cause irreparable injury. From the high character of 
the Commission which has had this subject under consider- 
ation on the part of the United States, and from the urgency 
of the measure in their judgment, the Commonwealth's 
Commissioners have deemed it their duty to make tiiis com- 
munication to myself in advance of a more extended report 
upon the subjects referred to them. I commend to the 



GOVERNOR'S ADDRESS. 351 

General Court, not only this most commanding subject of 
the harbor of Boston, but also the scheme of reclaiming the 
flats in Boston Harbor, which, as related to the treasury 
of the State and the business of the people, is of the first 
imjtortance. 

PLEURO-PNEUMONIA. 

I have the honor to communicate to the Legislature a 
Report of the late Commissioners on contagious diseases'of 
cattle ; also, a report made to me by a gentleman who was 
authorized under chapter 75 of the Resolves of 1868, "to 
make experiments on Pleuro-Pneumonia among cattle so 
far as it relates to the laws of transmission " ; also, a com- 
munication from the Secretary of the Board of Agriculture, 
presenting with great force of argument and with much 
evidence, his views of the importajicc of thorough and 
immediate treatment, in order to eradicate the disease from 
the Commonwealth. This supposed- contagion has also been 
made mutter of personal communication to the Executive 
Department by numbers of eminent farmers. I have 
tliought it my duty, therefore, to place the documents 
alluded to in immediate possession of the General Court, 
respectfully invoking their earnest and intelligent consider- 
ation of the subject. 

TAX ON NON-RESIDENT STOCKHOLDERS IN^ MASSACHUSETTS 
CORPORATIONS. 

" An Act to levy a tax on the stock of corporations held 
by persons whose residence is out of the Commonwealth," 
was adopted by the last General Court, to which it becomes 
important that further consideration should be extended. 
My attention has been especially attracted to this statute by 
friendly remonstrances which have reached the Executive 
Department from tliose authorized to represent the ])eople 
of other States, as well as by suggestions from other sources, 
not addressed to myself either officially or personally, of 
retaliatory legislation. 

While I do not overlook the abuses which this Act was 
intended to prevent, 1 am bound to suggest the inquiry, 
whether its probable advantages will compensate its ten- 
dency to prevent investments of foreign capital in Massachu- 
setts, to invite disproportionate taxation of Massachusetts 
capital invested in other States, and to alienate tlie feelings 
of our neighbors, creating hostility of sentiment towards 
our Commonwealtii. Having officially participated in giving 



352 GOVERNOR'S ADDRESS. 

to this measure the force of law, I am the more obliged to 
recommend its re-examination. 

Whetiier it bears upon property owned here by citizens of 
other States, or by people of foreign countries, the reasons 
of policy which affect our opinion of this Act, differ perhaps 
sometimes in degree, but not in their kind. Wliile differ- 
ence in degree alone, on a question of mere public expe- 
diency, may be sufficiently decisive to produce a difference 
of conclusion, I freely confess that I do not perceive in the 
present instance a difference so decisive. There remains, 
however, the graver objection of its doubtful constitution- 
ality. The second section of the fourth article of the Fed- 
eral Constitution declares that " the citizens of each State 
shall be entitled to all the privileges and immunities of cit- 
izens of the several States," and immunity or exemption 
from higher taxes or impositions than are paid by citizens 
of the State by which they are levied or imposed, is one of 
the classes of privilege or immunity which have been judi- 
cially enumerated as within the category intended by that 
clause of the Constitution. This provision is held, by con- 
stitutional jurists to include all those privileges and immu- 
nities which are in their nature fundamental, belonging of 
right to the citizens of all free governments. Such are the 
right to the protection of life and liberty, the right to 
acquire and enjoy property, and to pay no higher impositions 
than other citizens. 

The Constitution of Massachusetts, (Chapter 1, Section 
1, Article 4,) gives power and authority 

*' To the General Court, to impose and levy proportional and reason- 
able assessments, rates and taxes, upon all the inhabitants of, and persona 
resident, and estates lying, within the said Commonwealth ; and also to 
impose and levy reasonable duties and excises upon any produce, goods, 
wares, merchandise, and commodities whatsoever, brought into, produced, 
manufactured or being within the same." 

The same article further prescribes that 

" In order that such assessments may be made with equality, there shall 
be a valuation of estates within the Commonwealth, taken anew once in 
every ten years." 

The first section of the statute in question requires every 
corporation paying dividends, to reserve from each and 
every dividend one-fifteenth part of that portion due and 
payable to its stockholders residing out of the Common- 
wealth, and to pay it " as a tax or excise on such estate 
or commodity." The words "estate or commodity" are 



GOVERNOR'S ADDRESS. 353 

understood to apply to these dividends. Thus the tax or 
excise is laid on certain " dividends " denominated " estates 
or commodities." And it is laid on the dividends due and 
payable by the same corporation to some of its stockholders, 
but not on those due to other stockholders. Were the 
statute to make such a discrimination between stockholders 
residing in Massachusetts, as for example that Berkshire 
stockholders should be subject to the tax or excise, while 
Nantucket should be exempt from it, no one would doubt 
that the statute was in collision with the principles of the 
Constitution. It would be held on all hands neither "rea- 
sonable " nor " proportional," and the assessment not 
" made with equality." But the Constitution not only 
requires that " assessments, rates and taxes" shall bo " ])ro- 
portional and reasonable," and " made with equality " 
" upon all the inhabitants and persons resident," but also 
upon " estates lying" within the Commonwealth. 

" Taxes " on " estates," therefore, must be " propor- 
tional" and " made with equality," as well as taxes upon 
''inhabitants" and "persons resident." So that if these 
dividends are " estates," then the tax on them is unconsti- 
tutional, because laid unequally ; i. e., not laid on all the 
shares of the ;ame corporation. But the statute also calls 
the payment it demands, an " excise," or rather, calls it a 
" tax or ercise,'" in the alternative. So in like manner it 
calls the thing taxed an " estate or commodity^^^ in the alter- 
native. It may be contended, then, thai if as a tax it is 
unconstitutionally laid on an estate, yet, as an excise it is 
constitutionally laid on a commoditij . But it could not be 
thought reasonable that if one inhabitant produced, manu- 
factured, or brought a commodity into the Commonwealth, 
it should be subject to an excise, while if the same thing 
were done by another inhabitant, it should escape the excise 
— save in those cases where, as a police regulation, to pre- 
serve order, [ircvent abuse, and protect society itself, indi- 
viduals, witli a view to the public good, are selected to be 
licensed or permitted to keep, vend or use certain commod- 
ities, sulject to the burden of a reasonable imposition. 
And, while the citizens of other States have the same " im- 
munities " enjoyed by those of our own State, I think the 
argument c(|uully strong, if instead of using the word 
" inhal)itant," i had used the phrase " citizen of any State." 

It will lie noticed that in the Constitution " excises," are 
mentioned in immediate connection with '■'■duties,'' and that 
the same jirovision as to their reasonableness is made con- 
cerning both, and in the same sentence. While " duties " 

4o 



354 GOVERNOR'S ADDRESS. 

was probably used in the sense of an imposition on imports 
and exports, " excises " was the term probably used to 
define an inland imposition, which is sometimes laid upon the 
consumption of a commodity, and frequently upon its retail 
sale which is the last stage before consumption. Both these 
terms apply to things in the nature of " goods and produce, 
wares, merchandise, and commodities brought ' into, pro- 
duced, manufactured, or being within " the Commonwealth. 

The term " commodities " is plainly intended, I think, to 
cover all of the " commodious," that is to say, useful or 
convenient, things of the same general description as goods, 
wares, and merchandise, which are capable of production, 
manufacture, transportation or of existence, either brought 
into the State or to be found within it. But a dividend 
cannot be such a commodity. A dividend due from a com- 
pany to a shareholder is an incorporeal interest in profits, or 
a right in action for money belonging to the owner of that 
species of incorporeal property known as stock or shares in 
a corporation. In a word, the corporation, as an artificial 
person, owes certain profits or earnings to its shareholders, 
which they have a right to demand and receive. Our stat- 
ute taxes the right. Can Massachusetts lay a tax on just 
demands of creditors who are citizens of other States, 
against her own inhabitants, not laid on similar demands of 
her own citizens? If she can, then the citizens of Massa- 
chusetts possess an " immunity," in spite of the Federal 
Constitution, not shared with them by citizens of other 
States. 

The exercise of the power of levying duties and excises 
has been held to include the imposition of an excise upon 
certain sources of emolument and profit, not strictly called 
property, but which are rather to be considered as the 
means of acquiring property, as for example, the privilege 
of using particular branches of business, like those of attor- 
ney, auctioneer, or innholder. So, also, it includes the 
franchise of a corporation. In these instances, the conveni- 
ence, privilege or franchise is deemed to be a " commodity " 
within the meaning of the Constitution. But in like 
manner it has been also determined that such taxes must 
undoubtedly be equalled, in the sense of operating upon all 
persons exercising the convenience, privilege, franchise, or 
commodity, so taxed. It is contrary to the principles of 
natural justice to make an arbitrary discrimination between 
citizens or subjects, not founded in the reason of the thing ; 
and an excise laid in disregard of those principles, would be 
unreasonable, within the meaning of the Constitution. 



GOVERNOR'S ADDRESS. 355 



STATE CHARITABLE AND CORRECTIONAL INSTITUTIONS. 

The Board of State Charities constituted in obedience to 
an Act of the last General Court, was inaugurated on the 
first day of October. It is required, among other things, to 
investigate and supervise the whole system of the public 
Charitable and Correctional Institutions of the Common- 
wealth, and to recommend whatever changes or provisions 
it may deem necessary for their economical and efficient 
administration. The law establishing this Board, to a por- 
tion only of whose duties I have alluded, was the result of 
great deliberation and matured reflection by two succeeding 
Legislatures. I venture therefore to express the opinion 
that a fair opportunity to test its working ought to be 
allowed, and that existing legislation concerning the Insti- 
tutions in question should remain undisturbed until the 
Board shall have had the term of at least one full year 
within which to pursue its inquiries and report its own 
recommendations. Although I have enjoyed the means of 
sharing as an executive officer in the results of its observa- 
tions, 1 think it my own duty to forbear comment at the 
present time on any portion of that general subject espec- 
ially committed to the oversight of the Board. When it 
shall have prepared those full and complete reports contem- 
plated by the Act, it may be iniportant that the General 
Court, and the Chief Executive Magistrate for the time 
being, should engage in the discussion. . 

One piece of legislation, however, adopted the last year, 
deserves immediate attention. It is that which forbids the 
commitment to the Reform School, of any boy below the age 
of eleven years. So long as boys less than eleven years old 
are deemed capable in law of the commission of crime, I 
respectfully submit that it is the duty of lawgivers to provide 
for them a punishment better fitted to their tender age than 
imprisonment in Jail or House of Correction. 

I dismiss this topic, presenting with this Address a Report 
to the Governor and Council, made by Hon. Alfred Hitch- 
cock, in his capacity of a Councillor and also a member of 
tlie Special Commission on Lunacy appointed under chapter 
91 of tiie Resolves of 1863, on the subject of a Hospital for 
the curative treatment of Inebriates. I earnestly invoke for 
this eloquent and ably reasoned document on a subject too 
long neglected, the attention of the General Court. 

I have on former occasions alluded to the absence of uni- 
formity in the government, economy and discipline of our 
penal institutions, and to a fact, somewhat remarkable, that 



356 GOVERNOR'S ADDRESS. 

while a man may be sentenced to the State Prison, where he 
would be under the immediate guardianship of officers and 
inspectors appointed by and responsible directly to the Com- 
monwealth, he may also for the very same ofifence, at the 
discretion of the same judge, be sent to the House of Cor- 
rection, where, though convicted and punished for breaking 
the laws of the State, he would be governed and disciplined 
wholly by officers over whom the Commonwealth exerts no 
control. I respectfully submit that abdicating this control 
does not discharge the responsibility of the CommonAvealth ; 
and I trust that the condition of our county prisons and 
prisoners, and the character of their discipline and treat- 
ment, will receive the faithful attention of the General 
Court. 

EDUCATION OF DEAF MUTES. 

The amount annually appropriated for the support of 
indigent pupils at the American Asylum, at Hartford, for 
the deaf and dumb, has for several years fallen short of what 
is required. The number of our State pupils is eighty-eight, 
of whom seventy-one have been under instruction for one 
year and upwards, and seventeen were introduced last year. 
Many deserving cases have, for want of vacancies, been post- 
poned from year to year, ui\til last summer I found it imper- 
ative that the number of State pupils should be increased. 
I accordingly issued warrants for the admission of eight 
pupils in addition to the number (80) which has been the 
average for the past few years. Even with this number of 
admissions I have been obliged to postpone a few deserving 
cases until another year. The eight I could not in con- 
science postpone until another September, which is the 
month in which the school year begins ; and I am sure that 
all the members of the General Court would have concurred 
• in my disposition of each case, had they been present to 
examine it. 
•• The present appropriation of $8,500 per year was estab- 

lished in 1847. An average of ninety pupils now, bears no 
larger proportion to our population, than the average of 
seventy-five did to the population at the time when the pres- 
ent rate of appropriation was adopted. Notice has also been 
received from the Trustees of the Asylum that, owing to the 
increased expenses of living, an annual additional charge 
will hereafter be made of '$25 for each pupil, making the 
annual amount paid by the State for its beneficiaries, |125 
each. I therefore recommend an increase in the annual 
appropriation. 



GOVERNOR'S ADDRESS. 357 

The Governor and Council have not failed, during the 
term of my connection with this department, annually 
to visit the Asylum. We have found no charity more 
grateful, certainly none more useful. The introduction of 
tlie light of knowledge into the minds of youth, once 
deprived of the delights of learning, the enjoyments and 
uses of cultivated and instructed reason, is one of the 
triumpiis of philanthropic enterprise,* and» one of the bless- 
ings of our age. 

It is usually impossible to send a child under the age of 
ten years to the American Asylum. The postponement of 
all effort to teach deaf mute children until an age so much 
later than that at which other children are taught, is an 
additional disadvantage, aggravating their original burden. 
A society has been formed in Boston, establisliing a school 
and a church, maintained by private liberality, with special 
reference to the condition of children not congenitally 
deaf, but made so by disease, who are taught according to 
the German method, and though deaf, learn to articulate. 
I beg your attention, gentlemen, to this experiment. By 
judicious fostering it may open the way of knowledge even 
to our younger unfortunates; and it may open it a little 
wider to all of them. 

HOSPITAL FOR INVALID SOLDIERS. 

I am happy to inform the Legislature that there is now a 
reasonable hope of a United States General Hospital in this 
Commonwealth, to which our sick and wounded soldiers, 
invalided in other States, may be transferred. On the 
recommendation of tiie Medical Director of the Military 
Department of the East, who was specially detailed by the 
Acting Surgeon-General of the United States to visit the 
State for this purpose, and in accordance with my own 
views and with the suggestion of the Head of our own 
Medical Department, it is expected that Worcester will be 
selected by the proper authorities as its locality. I 
have sent to the Secretary of War, through our State 
Military Agent, documents bearing the signatures not only 
of the Surgeon-General and myself, but also of all the 
Senators and Representatives of Massachusetts in the 
present Congress, urging the importance of this measure, 
for its influence on the health and comfort of our soldiers, 
and the convenience and satisfaction of their friends, and 
also as needed to avoid future eml)arrassments contingent 
upon the want of a large General Hospital. A salubrious 
location, with the ciieerfnl. influence of rural scenery, and 
at a point where railroad facilities centre, is not only dcsir- 



358 GOVERNOR'S ADDRESS. 

able in a sanitary point of view, but for the convenience of 
the friends of the soldiers. 

I refer you to the report of the faithful and able Surgeon- 
General of the Commonwealth, which will be presented 
hereafter, for other interesting particulars connected with 
the service, pertaining to his department. Special details 
have been made during the past year, of some of our most 
eminent medical •men, to examine and report upon the 
condition of our Massachusetts soldiers, invalided in the 
Departments of the West, South, Gulf, and the Array of 
the Potomac. Their visits have had a salutary influence, 
assuring our brave men that their comfort and welfare are 
not forgotten by the State, cheering them with kindly words 
and deeds of encouragement, besides furnishing the proper 
departments with correct information useful to the service 
and grateful to the families and friends of the absent 
soldier. 

To the Medical Commission of the Commonwealth, for 
their voluntary and important services as a Board of Exam- 
ining Surgeons of candidates for our Medical Staff, the 
Commonwealth is under new obligation, and I offer to them 
the grateful thanks of the State for assistance always 
rendered whenever occasion has required, in the spirit of a 
liberal profession. 

With the ready cooperation of the executive officer of the 
Lovell United States General Hospital, at Portsmouth 
Grove, Rhode Island, I was enabled by an application to 
the Secretary of War, to procure for all Massachusetts men 
who were patients in that hospital and deemed fit to travel, 
the indulgence of a furlough for seven days on the occasion 
of our National and State Thanksgiving, to enable them to 
enjoy its festivities amid the delights of home. I have the 
pride to declare that of the two hundred and eighty-one 
men thus receiving furloughs, all but one returned, keeping 
their manly faith in a manly way ; while that one, delaying 
his return a few days, reported himself to the Provost- 
Marshal of his district, and received transportation as a 
" straggler," not as a " deserter." The condition in which 
they returned was suCtr as to draw from the executive 
officer in charge of the hospital an expression highly honor- 
able to our men. 

soldiers' national cemetery at GETTYSBURG, PA. 

The soldiers who fell in the battles of Gettysburg, on the 
2d, 3d, and 4th days of July, baptizing with their blood the 
ground their valor rendered immortal, are now commemo- 



GOVERNOR'S ADDRESS. 359 

rated, by a National Cemetery, wliere tliey repose in 
becoming interment. This field of glory and cemetery of 
the brave, was solemnly dedicated, on the llUh of Novem- 
ber, by a National ceremony at whicli the President of the 
United States personally assisted. Uniting witlf the Gov- 
ernors of the other loyal States of the Union, I caused 
Massachusetts to be represented by several gentlemen acting 
as Commissioners of the Commonwealth. Their Report I 
have the honor to communicate to the Legislature. Pre- 
serving an authentic record of ceremonies attending the 
consecration of a battle-groimd where Northern valor saved 
our government and preserved our liberties, this Report 
deserves an lionorable place in the archives of the Common- 
wealtli. 

Application will be made to the Legislature of Pennsyl- 
vania for an Act of Incorporation of the Trustees of the 
Soldiers' Cemetery at Gettysburg. 1 have accordingly 
nominated a gentleman to represent the interest of Massa- 
chusetts, whose name will be included in the Act of Incor- 
poration. The estimated expenses of finishing the Cemetery 
are -^03,500, to be divided among the States in the ratio of 
their representation in Congress. The proportion of Massa- 
chusetts will be -$4,205. 30. In order that this Common- 
wealth may sustain lier share of this expense an appropria- 
tion will be necessary. I submit the Report of the gentle- 
man named to be a Trustee on the part of Massachusetts, in 
which the jiarticulars needed for the information of the 
General Court are properly stated. 

A committee of the City Council, was raised through the 
effort of His Honor the Mayor, to take charge of the sepul- 
ture of those soldiers who were citizens of Boston. I trans- 
mit, as a part of the record, their Report, a. copy of which 
I have had the honor to receive. This committee and the 
Commissioners of the Commonwealth so cooperated that 
without local discriminations between the Massachusetts 
dead, the remains of all were alike cared for. 

THE DEFENCES OP OUR COAST. 

On March 30th an Act was passed appropriating a million 
dollars for the defence of the coast of Massachnsetts and 
investing the Governor and Council with a wide discretion 
in its expenditure. A letter addressed to me in October, 
1861, l)y the Federal Secretary of State, which was commu- 
nicated by me to the General Court of the next year, had 
given assurances of reimbursement by Congress of amounts 
to be expended by the States for that purpose, provided such 



36Q GOVERNOR'S ADDRESS. 

expenditures should be the subject of conference with the 
Federal Government, and sliould be made with its concur- 
rence. Immediately on the passage of the Act measures 
were taken, therefore, to learn the views of the Federal 
Government as to the objects to which our money could be 
best applied ; and the opinions of many of its principal 
officers, including those of Chiefs of Bureaus in the Depart- 
ments of War and the Navy, of the Secretaries of both Depart- 
ments, and of the President himself, were obtained. 
These opinions were not unanimous, and except 'by way 
of suggestion afforded no guide to a correct decision. But 
reflecting on facts known to us as to the defenceless condi- 
tion of the coast, and applying to them these opinions and 
others gatliered from engineer and ordnance officers of high 
distinction, two objects seemed specially worthy of atten- 
tion ; first, the maturing of a plan for obstructing the 
harbor of Boston against naval attack, so that at the 
moment of danger there might not be conflict of council as 
to the plan to be adopted; and, second, the procuring of 
approved heavy ordnance for our forts from whatever 
sources it sliould be obtainable in addition to those 
employed by tlie United States with whose contracts it is 
not our policy to interfere by competition. Tiiese objects 
have been pursued with all possible energy and diligence, 
and with a satisfactory degree of success. A plan of admi- 
rable skill and completeness has been prepared for obstruct- 
ing harbors against hostile fleets, however powerful. It is 
the work of an informal Commission, composed of gentlemen 
combining a warm interest in the subject, and large experi- 
ence in navigation, with the advantage of much study of 
the general question, and special scientific attainments. 
Their report aiid plans were referred to the Chief Engineer, 
by whom they were reconsidered, and the whole work was 
reproduced in the form of careful specifications and working 
drawings, ready for immediate use at a moment's call. The 
forts of Boston Harbor, also, have been placed in telegraphic 
communication with each other, and with the city. I do not 
propose to make a further statement of details, since pub- 
licity is not consistent with the interests of the Common- 
wealth, but I respectfully suggest that the whole subject be 
referred to an appropriate committee. 

During the last year, the Federal Government has been 
encouraged to additional efforts for the protection of the 
coast. Beside important progress in the construction and 
armament of tlie masonry forts at Boston and New Bed- 
ford, caithworks have been designed, and some of them 



GOYERNOR'S ADDRESS. 361 

completed, for the defence of Newburyport, Gloucester, 
Salem, Marblehead, Plymouth and Proviiicetown. Very 
little, however, has been done to guard the settlements along 
the Cape and on the neighboring islands, and also the impor- 
tant commerce of the adjoining waters, and I respectfully 
suggest the defenceless condition of that neighborhood for 
your consideration. An appropriation has been made by 
Congress for beginning a masonry fort at Provincetowu, 
surveys for which purpose have been had ; and earthworks 
have been built and armed there ; but for the present, 
adequate protection of the^ waters on our southern shore 
from incursion and ravage such as was once during the year 
committed in the Vineyard Sound, can be rendered only 
by the constant presence of a naval force which it is desirable 
that the Federal Government should afford. 

The Act of March oOth, beside making an appropriation 
in behalf of the State, provided for appropriations by muni- 
cipal governments, with the expectation of reimbursement 
from the State Treasury. These have been made by some 
towns and cities to secure the necessary number of laborers 
at the current rates of wages, upon the earthworks construct- 
ing at their ports, the Federal officers having the works in 
charge declining to offer a rate of pay to laborers, higher 
than a- dollar and a quarter per day. The propriety of 
refunding the sums thus advanced will meet your considera- 
tion. 

At every stage of the investigation which now for nearly 
three years I have been pursuing into the subject of our 
defences against naval attack, the deficiency in our means of 
obtaining a sufficient supply of heavy ordnance has caused 
my chief anxiety. Massachusetts contains ample beds of iron 
ore of a superior quality for gun metal. No other Common- 
wealtii possesses in higher degree all the elements of scientific 
and mechanical ingenuity necessary to the manufacture. 
There is no deficiency of private capital seeking investment. 
But thus far, the Federal Government, while absorbing the 
entire product of all existing Massachusetts gun-foundries, 
has failed to induce the investment of private capital in addi- 
tional foundries. Nor is this surprising, for the amount of 
capital required to construct mechanical establishments com- 
plete enough to cast and finish the heavy cannon which we 
need, is rarely within the measure of the means of individuals, 
and the continuance in employment of such establishments, 
once constructed, would depend upon the regularity of appro- 
priations by the National Congress. Indeed, the Federal (Gov- 
ernment would be the only domestic customer of such fuun- 

4G 



362 GOVERNOR'S ADDRESS. 

dries, witli no competitors except foreign governments. 
Tlie building of the foundries would involve also the invest- 
ment of more capital in furnaces in the mining districts, to 
supply the iron. A trade so grand, in which nations appear 
as the sole customers, and which concerns so closely the 
honor of our flag and the security of our borders and our 
marine, is worthy of the most serious attention if by any 
legislative action it can be encouraged. I have long been 
satisfied that the objects we desire can best be effected by 
building a great National foundry. I respectfully commend 
the subject to your investigation, and if the project shall 
commend itself also to your judgment, I believe that a 
formal expression of opinion by the Government of Massa- 
chusetts in favor of such a work, might encourage the 
National Congress to authorize it. 

Standing for a long time during the past year on the 
apparant brink of war with powerful naval States of Europe, 
the rebels even at this moment being restrained, almost 
against expectation, from launching out of foreign ports 
their mailed war steamers built expressly to carry destruc- 
tion to the commerce and the seaports of the North ; with 
all the dangers hourly besetting us, which spring from the 
unsettled condition of Europe, the French invasion of 
Mexico, and the sympathy of powerful persons and rulers 
abroad with the rebellion at home — I am firmly convinced 
that ordinary prudence demands of Massachusetts never to 
rest until her harbors shall be adequately defended. 

ARMS AND EQUIPMENTS FOR THE MILITIA. 

The 29th chapter of the Resolves of 1863, authorized the 
Executive Department to contract on behalf of the Common- 
wealth for the purchase or manufacture of fifteen thousand 
stand of arms, of such pattern as should be found best 
adapted for the service ; also of arms and equipments for 
one regiment of cavalry ; guns and equipments for five 
batteries o"f light artillery ; and such other arms and equip- 
ments as should from time to time be found necessary for 
arming the militia in active service. The resolve appro- 
priates 1450,000 for those purposes. 

The sources of supply, whether by purchase or manufac- 
ture, have been made the subject of careful examination 
and report. The kinds of arms best adapted to the various 
branches of the service, were, in the liglit of recent expe- 
rience, considered and reported on, by competent military 
men. Wherever different arms of the same general descrip- 



GOVERNOR'S ADDRESS. 36^ 

tion were offered in competition, they were submitted to tlie 
test of critical comparison by a Commission of experts. All 
the arras and artillery required were accordingly contracted 
for, and are in process of construction and delivery. The 
amount disbursed already in payments is about fifty thou- 
sand dollars. The contracts entered into will nearly, or 
quite, absorb the whole appropriation. Certain articles of 
equipment have not been passed upon, because improve- 
ments in their construction are under consideration by the 
appropriate ofHcers of the U. S. Army, whose decision it 
was thought advisable to await, especially as the articles 
can be procured on short orders when necessary. To com- 
plete the duty assigned to the Executive by the Legislature, 
will require a further appropriation of about f 50,000. 

In order that no injurious delay shall happen, I have 
requested the Master of Ordnance, in advance of his regular 
Annual Report, which will be communicated through the 
Adjutant-General, to report to me in detail, all the particu- 
lars necessary to a competent understanding of this portion 
of the transactions passing through his bureau ; and tliis 
preliminary report is now ready for the use of any com- 
mittee of the General Court to which the subject may be 
intrusted. 

MILITARY ACADEMY. 

I have the honor to place before the Legislature the 
Report of the Commissioners appointed under the 78d 
chapter of the Resolves of the year 1863, " concerning 
the establishment of a military academy." 

The Commission was directed by the resolve to inquire 
into the expediency of establishing an academy for the 
instruction of young men in mathematics, civil, military, 
and practical engineering, and other studies in connection 
with infantry, artillery and cavalry drill and tactics, and to 
report a design for such an institution, the mode of estab- 
lishing the same, the expense tiiereof, a plan for its support, 
the number of pupils to be accommodated, their age at 
entering the institution, the amount of camp duty, the 
length of the academic course, what provision should be 
made for the support of the pupils, and the equivalent to be 
rendered therefor ; and whether the Commonwealth has any, 
and wiiat, property available for the endowment of such an 
institution. 

The eminent character of the Commission, the learning, 
experience and al)ility, both civil and military, represented 
by its members, and the relations which all of them have 



364 GOVERNOR'S ADDRESS. 

heretofore borne to education and its various public insti- 
tutions, I think entitle their opinions to the most respectful 
consideration, and lend influence to the arguments to which 
their minds have yielded assent. 

I believe the establishment under the patronage of the 
Commonwealth, of such an institution as they recommend, 
to be wise and expedient, that we cannot safely neglect it, 
and that we ought not to delay it. I believe its influence 
upon the public school system, or the popular education, 
correctly administered, will fully compensate the expendi- 
ture it may involve. Invoking the attention of the General 
Court to the Report itself, I will not assume to display it in 
advance of your own reading. The advantages of an insti- 
tution like that contemplated, in its more direct and imme- 
diate bearing on the military efficiency of the Commonwealth 
is not easily overstated. Yet these advantages are to be 
gained in close and natural connection with large and 
constant benefits which include not only the elevation of the 
public schools, but also the scientific professions — the higher 
industrial pursuits. The education of numbers of young 
men of Massachusetts, not, however, excluding others who 
may resort hither to share their studies, in those branches 
of learning which fit them for mechanicians, engineers, 
experts in chemistry, physics, and various applications of 
science to the arts, will, it is not unlikely, be associated 
with a Military Academy. And, from a conviction so deep 
that I would all men in the Commonwealth might share in 
it, I hope I may be permitted to allude to what I pronounced 
from this place one year ago, in connection with the subject 
of an agricultural college, that the one great and command- 
ing duty and capability of our Commonwealth — her way to 
unchallenged influence and admiration among the States — 
is the discovering, unfolding, and teaching the secrets of 
knowledge, and their scientific application to the arts of 
civilized humanity. 

A most emphatic illustration of the power communicated 
to the world by the combination of science and industry is 
found in the single fact that the emj)loyment of steam was 
estimated more than ten years ago, to iiave added to the 
industrial efficiency of the British Islands alone, a power 
equal to the united forces of 600,000,000 men. Every loco- 
motive steam-engine of fifteen tons on our own railroads does 
the work of fifteen hundred men ; and our larger locomotives 
furnish the equivalent of three thousand men. While, 
therefore, I would not diminish by one spark the zeal of the 
people for the military service, nor underrate the value of 



GOVERNOR'S ADDRESS. 365 

strictly military education, both as a means of preventing 
war and of successfully encountering its shock, I beg respect- 
fully to remind you, as an additional argument in favor of 
an academy, of the incidental advantages to our peaceful 
industry and to the education of the people, to be derived 
from a proper cultivation, generously maintained, of those 
branches of science indispensable in modern times to the 
Art of War. 

THE SOLDIERS CONTRIBUTED BY • MASSACHUSETTS. 

South Carolina adopted her pretended ordinance of 
secession in the month of December, 1860. The first 
overt act of war, committed in pursuance of the treasonable 
conspiracy of which the ordinance of secession was the 
formal beginning, was the firing on the Star of the West, 
a national transport laden with men and supplies for the 
garrison in Charleston harbor. The date of the ordinance 
was the 20th day of December, 1860. The Star of the 
West was attacked the 9th day of January, 1861. But the 
beginning of the War of the Rebellion is dated from the 
12th day of April, 1861, that being the day when, after long 
and uninterrupted preparation, the batteries of the Rebels 
opened upon Fort Sumter. 

On the 15th day of April the War Department called 
upon this State for two regiments of militia, and on the 
next day the call was enlarged to a requisition for four 
regiments. On the 16th, the Sixth Regiment of Massachu- 
setts Volunteer Militia marched for Washington by railroad, 
and two others, the Third and Fourth, moved by sea. On the 
18th, the Eighth Regiment marched under General Butler ; 
the Tliird Battalion of Rifles under Major (now Brig. Gen.) 
Devens, on the 20th, and the Fifth Infantry and Cook's 
Battery of Light Artillery on the early morning of tiie 21st. 
Capt. Dodd's Rifles, added to Devens' Battalion, marched 
May 1st. Thus rapidly and cfiiciently was the call of the 
government responded to, and the capital of the nation, and 
Fortress Monroe, which was of far greater military value 
than Washington, were rescued from imminent danger, at 
a period when the consequences of a life-time were crowded 
upon the efforts of an hour. The number of troops thus 
furnished by Massachusetts for three months' service, was 
3,786. 

On the 3d of May, 1861, the President called for a force 
of volunteers to serve for three years, or (Jwi'i»g the war, of 
which force Massaciiusetts was at first asked to furnish 
three regiments. This number was, by mucli persuasion on 



366 GOVERNOR'S ADDRESS. 

my own part, increased to six ; after which, by the efforts 
of the friends of the lamented Colonel Webster, it was again 
increased to seven. On the 17th day of June, 18H1, ten 
more regiments having been offered by Massachusetts to be 
raised for the tbree years' service, were accepted by the 
Department of War. Marching at various intervals between 
the 30th day of July and the 8th of October, both inclusive, 
they were all put into the field, fully armed, equipped, and 
supplied by this Commonwealth. In the designation of 
these corps of three years volunteers the numbers borne by 
the five regiments of Massachusetts Militia in the three 
months' service were always omitted ; so that the infantry 
regiments of Massachusetts when enumerated in consecutive 
order, including militia and volunteers in one series, num- 
bered in all on the 8th of October, 1861, 22 regiments 
which had taken the field. Added to these were the 
battalion of riflemen and one battery of light artillery in 
the three months' service, and two companies of sharp- 
shooters and three batteries of light artillery enlisted for 
three years, which had marched from the Commonwealth 
before that date. This contribution to the National forces 
was enlarged subsequently by voluntary enlistments, and 
by the formation within the next eight months, of voluntary 
organizations to the number of ten more regiments and 
eight more companies of all arms of the service. So far 
from leaving any requisition unfilled, this Commonwealth 
was urgently pressing on the Federal Government during 
a large part of the first year of the rebellion, for permission 
to extend her military contingents. During the whole of 
the month of May, 1861, and until the 17th day of June, 
we were embarrassed by having several thousand troops 
under arms in the State, which the Federal Government 
was unwilling to accept. I had from the beginning con- 
sidered that the exigencies of the war would require a much 
larger force of volunteers than the 42,000 called for by the 
President in his proclamation of May 3d, and accordingly 
neglected no opportunity to secure enlistments, which were 
easily obtained during a period of great patriotic excite- 
ment. It was with great embarrassment that I learned 
that the Federal Administration did not entertain the same 
views and refused to accei)t more than six three years regi- 
ments from this State, although a much larger proportion 
was conceded to tlie State of New York. Late in May, 
I was advised officially from the Department of War that 
it was " important to reduce ratiier than enlarge this 
number," and " if more were already called for, to reduce 



GOVERNOR'S ADDRESS. 367 

tlie number by discharge," and earlier in tlie month I had 
been warned that the administration was getting more men 
than were wanted. We .w'ere therefore under responsibility 
to men who had been encouraged to take up arms to the 
number of several thousands more than the Federal Admin- 
istration could -be persuaded to receive ; and, after forcing 
all I could upon the General Government, and availing 
myself to the extremest limit of the provisions of the 
Encampment Law of the State, (passed on May 23d,) 
I found there would remain some thousands whom it would 
be necessary to disband. The preparations for establishing 
a camp or camps under the law were immediately insti- 
tuted, and the process of disbandment was reluctantly 
commenced, according to the instructions of the War 
Department with reference to all regiments and companies 
recruited beyond the number of the six regiments which 
the Federal Government consented to receive, and the five 
additional regiments which, by law of the State, I was 
authorized to place in camp here for instruction and 
discipline. 

It should not be forgotten that at this time six Massachu- 
setts companies, organized in Newburyport, West Cambridge, 
Milford, Lawrence, Boston and Cambridgeport, finding no 
places in our volunteer service, received permission to join 
the Mozart Regiment and Sickles Brigade, both belonging 
to the State of New York ; tliat three hundred more Massa- 
chusetts men were enlisted in the " U^iion Coast Guard 
Regiment," at Fortress Monroe, under command of Colonel 
Wardrop ; and that others were also enlisted by persons 
from other States, who maintained recruiting stations in our 
towns and cities until tiiey were prohibited by law from 
thus withdrawing the people of Massachusetts into tlie 
organizations of those States. There were estimated by the 
Adjutant-General of tliis Commonvvealtii more than 8,000 
Massachusetts men wiio thus went to swell the apparent 
contribution of other communities while lessening the 
ability of this State to meet any subsec^uent draft upon her 
military population. 

On the od of December, 1861, an Order of the War 
Department was promulgated that 

" No more regiments, batteries, or independent com])anies will be raised 
by the (iovernors of States, excapt ufjon the special retjuisition of the 
War Department." 

In February, 1802, I rcciuested leave to recruit four com- 
panies, and to organize them, with six companies of volun- 



368 GOVERNOR'S ADDRESS. 

teer infantry doing garrison duty at Fort Warren in Boston 
Harbor, into a regiment, to be used in any coming emer- 
gency. The offer was declined, wiih the remark that " the 
four additional companies which would be needed to com- 
plete an entire regiment" were " not required for service." 
An additional company of sharpshooters wa» also offered on 
February 26th, 1862, but an answer was returned on March 
17tli, that they could not be accepted, unless as a company 
to complete some infantry regiment. The company was 
disbanded, because no such incomplete and authorized 
regiment existed, and because the men were offered as 
sharpshooters. 

On the 3d of April, 1862, it was further ordered by the 
War Department as follows : 

" The recruiting service for volunteers will be discontinued in every 
State from this date. The officers detached on volunteer recruiting ser- 
vice will join their regiments without delay, taking with them the parties 
and recruits at their respective stations. The superintendents of volun- 
teer recruiting service will disband their parties and close their offices, 
after having taken the necessary steps to carry out these orders." 

To this Order an exception was obtained by me later in 
the month, authorizing recruits to be enlisted here to repair 
the losses which the Massachusetts regiments in the Depart- 
ment of North Carolina had sustained in the battles of 
Roanoke and Newbern ; and on June 5th another exception 
was obtained in favor of the Second Regiment of Massachu- 
setts Infantry, which had suffered in the recent withdrawal 
of our forces up the Valley of the Shenandoah. At the 
same time with this last, I received authority to recruit for 
any of our regiments in the field. 

On the 2d day of July, 1862, in apparent compliance with 
the united request of the Governors of several of the loyal 
States, the President of the United States promulgated a 
requisition for 300,000 more volunteers to be enlisted under 
the State Governments, and to serve for three years, or 
during the war. 

The number of organizations which up to that time had 
been furnished by Massachusetts was 27 regiments and 13 
unattached companies of the different arms, whose whole 
number of rpen, with the addition of the recruits who had 
joined them after reaching the field and before the cessation 
of recruiting in April, 1862, was 31,377. I respectfully ask 
your attention to a statement arranged in tabular form, 
embracing the designation of each regiment and unattached 
company, the date wlien it marched from the Commonwealth, 
and the number of its members at the time. 



GOVERNOR'S ADDRESS. 



369 



1st Regiment 


Infantry, 






. 1,047 


men, marched June 15, 1861. 


2d 


" 






• 1,046 


u 


July 8, 1861. 


7th 


" 






. 1,046 


" 


11, 1861. 


9th 


" 






. 1,047 


" 


June 24, 1861. 


10th 


»' 






. 1,047 


" 


July 25, 1861. 


nth 


" 






. 1,050 


" 


June 24, 1861. 


12th " 


" 






. 1,055 


" 


July 23, 1861. 


13th 


(( 






1,021 


u 


30, 1861. 


14tli* " 


" 






1,305 


" 


Aug. 7, 1861. 


loth 


" 






1,040 


" 


8, 1861. 


16th 


" 






1,003 


" 


17, 1861. 


17th 


" 






951 


" 


23, 1861. 


18th 


" 






1,012 


" 


26, 1861. 


19th 


" 






852 


u 


28, 1861. 


20th 


" 






762 


" 


Sept. 4, 1861. 


21st 


" 






1,007 


" 


Aug. 23, 1861. 


22d 


" 






1,050 


(( 


Oct. 8, 1861. 


23d 


" 






1,062 


" 


Nov. 11, 1861. 


24th 


" 






989 


" 


Dec. 9,1861. 


25th 


" 






1,032 


" 


Oct. 31, 1861. 


26th 


(( 






1,050 


" 


" Nov. 21, 1861. 


27th 


" 






983 


« 


2, 1861. 


28th 


" 






950 


" 


Jan. 11, 1862. 


29th 


" 






881 


a 


,, 5 fMay — , 1861. 
I jjan. — , 1862. 


30th 


" 






929 


" 


Jan. 2, 1862. 


31st 


«' 






941 


" 


Feb. 20, 1862. 


1st Rejriment 


Cavalry and ) 


1,857 


(( 


,, 5 Dec. — , 1861. 
1 Jan. — , 1862. 


unattached Companies, { 




1st Battery L 


ght Artillery, . 


170 


" 


Oct. 3, 1861. 


2d 


" " 




152 


" 


Aug. 8, 1861. 


3d 


K U 




157 


" 


Oct. 7, 1861. 


4th 


" " 




154 


« 


" Nov. 20, 1861. 


5th 


" " 




156 


" 


' « Dec. 25, 1861. 


6th 


" " 




139 


" 


Feb. 8, 1862. 


7th 


" " 




152 


" 


" May 22, 1861. 


8th§ " 


" " 




155 


" 


June 25, 1862. 


1st Co. of Sharpshooters, } 
2d " " 1 • 




208 


" 


,, (Sept. 3,1861. 
t Oct. 8, 1861. 


Recruits sent to the above organiza- 








tion;^, al'tor reaching the field, 


2,279 men 


marched at various dates. 


Total of -27 Regiments and 13 Com- 
panies, and their recruits, — in all, 








31,737 men 




To the above 


should be added — 








Company " B, 


' 40th New York 






These numbers are 


Volunteers, 




101 men 


taken from the muster- 


Company " 11,' 


1st Excelsior Bri- 






rolls at Washingt'n.and 


gade, . 


. 


89 


u 


"includ§ only 3 of the 


Company " D,' 


5th Excelsior Bri- 






companies in these 
New York regiments. 


gade, . 




90 


" 


Men in the " L 


Fnion Coast Guard," 


233 


nen 




Total, . 


32,250 B 





' Afterwards First Heavy Artillery, t Seven Companlos. «♦ Three Companies. § For 6 months. 
47 



370 GOVERNOR'S ADDRESS. 

No official order was ever issued to this Commonwealth, 
within my knowledge, fixing the quota of Massachusetts 
under the requisition of July, 1862 ; but, upon a consulta- 
tion had in Boston, between the proper representative of the 
War Department and the Adjutant-General of ]\Iassachusetts 
and myself, it was at the outset understood that the Massa- 
chusetts quota of that number was 15,000 men. On the 
same day (July 2, 1862,) a proclamation was promulgated 
by the Governor announcing the call, and on the 7th, a 
General Order, announcing the proportion of that aggregate 
which each town and city should furnish. A now crusade 
for the Union was preached all over the Commonwealth. 
The unfortunate campaigns in Virginia, which resulted in 
the return of both our armies within the defences of Wash- 
ington, aroused and inflamed the zeal of the whole people. 
The requisite number of men was speedily raised. 

On the 4th of August, 1862, the President, by his further 
Proclamation, called for 300,000 men in addition, to serve 
for nine months, exacting a draft to be made in accordance 
with certain regulations, which were promulgated by the 
Department of War. The quota of Massachusetts was fixed 
at 19,080. Although that number of nine months' men was 
not raised by Massachusetts, the difference was more than 
supplied before the first day of January last, by an excess of 
men who enlisted as three years' volunteers. 

This result will appear by the following statement : 

The requisition of July, understood to be for . . . . 15,000 
That for 19,080 nine months' men is equal to one-fourth the 
same number of three years' men, viz., (according to the 
method of computation followed in the Adjutant-General's 
office at Washington,) 4,770 

Total of both calls, when reduced to three years' men, . 19,770 

The troops furnished by the Commonwealth, and not 
included in the previous statements, and to be credited 
against the aggregate last stated, were as follows, viz. : 

THREE years' VOLUNTEERS. 

1,018 men, marched May *26, 1862. 

"'" " Aug. 14, 1862. 

15, 1862. 

22, 1862. 

Sept. 2, 1862. 

7, 1862. 
24, 1862. 

6, 1862. 

8, 1862. 

* Six companies only marctied at tliia date, and tlie residue afterwards. 



32d Regiment 


Infantry, . 


. 1,018 


33d 


" 


. 942 


34th 


• " 


. 1,027 


35th ■ " 


" 


. 1,018 


36th 


" 


. 1,015 


37th 


" 


979 


38th 


" 


. 1,018 


39th " 
40th 


u : : 


. 987 
992 



GOVERNOR'S ADDRESS. 



41st* Regiment Infantry, 
9th Battery Light Artillery, 

loth 

1st Unattached Co. H. Artillery, 
2d 
3d 
Recruits for old Regiments and Com- 
panies, ..... 
10 Regiments and 5 Companies and 

Recruits for 3 years, . . . 16,083 



1,127 men, marched Nov. 5, 1862. 



152 


u 


Sept. 


3, 


1862. 


156 


" 


" Oc^. 


14, 


1862. 


147 


" 


mustered Feb. 


26, 


1862. 


140 


" 


Nov. 


3, 


1862. 


156 


" 


" Dec. 


31, 


1862. 


5,209 men 


, marched at various 


dates. 



NINE MONTHS VOLUNTEERS. 

3d Regiment Infantry,. . . 1,007 men, marched Oct. 22, 1862. 

4th " "... 982 " " Dec. 17, 1862. 

6th " "... 997 " " Oct. 3, 1862. 

6th " " . . . 913 " " Sept. 1, 1862. 

8th " "... 962 " " Nov. 7, 1862. 

42d " "... 998 " " 19, 1862. 

43d " "... 1,024 " " Oct. 24, 1862. 

44th " "... 1,023 " " 22, 1862. 

45th " "... 1,005 " " 24, 1862. 

46th " "... 983 " " Nov. 1, 1862. 

47th " "... 1,024 " " 29, 1862. 

48th " "... 996 " " Dec. 27, 1862. 

49th " "... 948 " " Nov. 21, 1862. 

50th " "... 964 " " 19, 1862. 

51st " "... 961 " " 11, 1862. 

52d " "... 940 " " 19, 1862. 

53d " "... 958 " " 18, 1862. 

11th Battery Light Artillery,. . 152 " " Oct. 3,1862. 

17 Regiments and 1 Company or 

Battery, . . . . 16,837 

Reduced to three years' men, they would be equal to . . 4,209 
Three years' men brought forward, 16,083 

Total, 20,292 

Amount of the two calls, reduced to three years' men, as above 

stated, 19,770 

Excess up to January 1, 1863, 522 

Since the first day of January, 1863, there has been a 
steady, persistent system of recruiting going on under the 
direction of the State Government, wliich has been contin- 
ued without relaxation even during the enforcement of the 
draft of July last, by which means there have been raised, 
during the last year, and previous to the latest call of the 
President, of October 17th, 18G3, (making a rest on that 
day because all subsequent musters are to be credited 
against that call,) and in excess of all specific calls by the 
United States government, the following troops : 

• Afterwards, with unattached Companies, forming the 3d Regiment of Cavalry. 



372 



GOVERNOR'S ADDRESS. 



2d Regiment Cavalry, . 


1,190 men 


.marched Feb. & May ,'63. 


New Battalion for 1st Regiment 






Cavalry, .... 


60 » 




2d Regiment Heavy Artillerv, 


1,073 " 


" Sept. & Nov.'63. 


4th Unattached Co. H. Artillery, . 


♦152 " 


mustered April 22, 1863. 


5th 


144 " 


" June 6, 1863. 


6th 


133 " 


May 19, 1863. 


7th 


178 " 


Aug. 14, 1863. 


8th 


135 " 


14, 1863. 


9th 


141 " 


27, 1863. 


10th 


132 " 


Sept. 16, 1863. 


54th Regiment Infantry, 


1,029 « 


marched May 28, 1863. 


55th " " . . . 


1,023 " 


July 21, 1863. 


12th Battery Light Artillery, 


135 " 


Jan. 2, 1863. 


13th " " " . . 


147 " 


31, 1863. 


15th " " " . . 


172 " 


Mar. 9, 1863. 


Recruits for old Regiments and 






Companies, 


509 " 


" at various dates. 


4 Regiments and 11 Companies and - 






Recruits for three years, . 


6,353 




Making, in addition to the previous 






excess of 


522 




A total of ' . 


6,875 





This is reached without including the product of the late 
draft, (July, 1863,) of which I shall speak hereafter, and 
not including the three months militia, nor tlie Massachu- 
setts men enlisted in organizations of other States, nor the 
large numbers in the Navy, estimated at an aggregate of 
12,000 seamen and marines, nor our men enlisted in the 
regular army. But it has recently been represented that 
previous to July, 1862, while Massachusetts had furnished 
all the troops ever asked from her, and many more, and 
while she was urging upon the "War Department troops 
which the Government of the United States did not accept, 
and while, as a consequence, thousands of Massachusetts 
men were enlisting in organizations of other States, — that 
previous to July, 1862, Massachusetts ought to have fur- 
nished a larger number than she could prevail upon the 
General Government to accept. In other words, there is 
charged against us an estimated proportion or pro forma 
quota of all the three years volunteers furnished by the 
loyal States prior to July, 1862 — amounting 



1. — In the aggregate to 

(This reckoning charges us with our proportion of men fur- 
nished by other States, when no call was made on the 
State for any contingents or quotas, and when our offers 
were in excess of the troops accepted.) 

2. — It is also declared that our real quota of the three years' 
men called for in July, 1802, was not 15,000 ; that we erred 



34,868 men. 



GOVERNOR'S ADDRESS. 373 

in supposing that to have been the number ; and that the 

correct number was 19,080 men. 

3. — Adding to these numbers 19,080 nine months' men, 

equivalent, when reduced to three years' men, to . . 4,770 

These items present a total of either actual or pro forma calls 

previous to the draft of July, 1863, of ... . 58,718 men. 

Even if this view should be taken of what was due from 
Massachusetts, she has raised, as I have stated above — 

Previously to July, 1862 32,250 

Under the call of July, 1862, 16,083 

16,837 nine months' men, equal, when reduced to three years' 

men, to . . . 4,209 

Volunteers enlisted and mustered between January 1, 1863, and 

October 17, 1863, ..."....,. 6,353 



58,895 

Making, even with this understanding of the quotas, a 
surplus of 177 men. And this result is arrived at without 
reckoning the service of the three months mi/ilia whom we 
have furnished, — and reckoning twelve soldiers enlisted for 
three months as of military value only equal to four men 
enlisted for nine months, or to one man enlisted for a term 
of three years, these would amount to 311 more, making up 
a surplus of 488 above all actual and constructive demands. 

Tlius far, this enumeration has pursued the method under- 
stood to be adopted in the office of the Adjutant-General 
at Washington. It assumes the value of each soldier to be 
proportioned to the term of his enlistment, crediting all 
three years volunteers according to their aggregate number, 
and all others accordhig as the length of their respective 
terms of enlistment is proportioned to the- term of three 
years. Thus, each three years volunteer counts otie, in 
crediting the States with their volunteers, while four volun- 
teers for nine montlis' service count only one, since one term 
of three years' service is equivalent to four of nine months. 
It has been the effort of what we deemed sound policy in 
this Commonwealth, to encourage enlistments for the longer 
rather than the shorter terms, not only because of the 
greater economy and sup'erior military efficiency tluis pro- 
moted, but also for reasons apparent from the statements 
just made. 

But the enumeration after the method explained, although 
equitable in itself and on the whole, does not exhibit tiic 
entire number of men contributed to the military service of 
the United States by this Commonwealth, numbers of whom, 
though enlisted for shorter periods than throe years, deservo 



3,736 


men. 


117 


" 


101 


" 


131 


" 


155 


" 


16,837 


" 


54,531 


men. 


75,608 


men. 



374 GOVERNOR'S ADDRESS. 

to be remembered irrespective of all the convenient rules of 
computation observed in comparing the services of living 
men, because they gave themselves for no term of months 
or years, but for the measure of their life-time, and died in 
the service and for the cause of their country. 

The aggregate numbers in the different classes of our 
whole contribution of soldiers, are as follows : 

For three months, 5 rej^iments, 1 battalion, 1 company, 

36 days, 1 company, (Boston Cadets,) .... 
3 months, 1 company, (Captain Staten's,) 
4| months, 1 company, (Salem Cadets,) 
6 months, 1 company, (8th Light battery,) . 
9 months, 17 regiments, 1 company, .... 
3 years, 41 regiments, 34 companies, and recruits for 
same, 

Making a final total of men sent by Massachusetts in her 
own organizations into the military service of the United 
States, on the land, during the present war, previously to 
October 17, 1863, of 

In tliis connection it may be remarked that any appor- 
tionment among different States, of their contributions to 
the armed force of the country, in order to be equitable and 
just, ought to be made according to the number of able- 
bodied men between the ages which are fixed as the limits 
of liability to military service ; and not according to the 
whole population, which consists partly of women, children 
and aged persons, in proportions that vary in different 
States. A newly settled community, which has drawn 
within its limits the active, vigorous and enterprising young 
men from other portions of the country, must necessarily 
have a larger share of able-bodied men within the military 
ages, than an older State, of whose population many of the 
active and hardy men of the military ages have emigrated 
to the West, leaving behind them a disproportionate number 
of the old and feeble, and of women and children. Unless, 
therefore, a careful enrolment is made, of those alone who 
are liable and able to do military duty, and unless the drafts 
into military service are apportioned according to such an 
enrolment, injustice will be done to those communities 
which have the smaller proportions of men within the mili- 
tary ages and capable of bearing arms. 

Having in view such considerations, the Provost-Marshal- 
General of the United States remarks, that in executing 
the law of Congress of March 3d, 1863, popularly termed 
the " Draft Act," 



GOVERNOR'S ADDRESS. 375 

" The main object was to apportion the number amonjr the States, so 
that those previously furnished and those to be furnished wouhl make a 
given part of their available men, and not a given part of tlmh' population. 

This was rendered practicable by the terms employed in 
the last-named Act, in reference to the duty of the President 
" in assigning to the districts the number of men to be 
furnished therefrom." 

The Act, in one word, evidently contemplates, for the 
first time, basing requisitions for men on the enrolled mili- 
tary strength, and not on the population of tlie States, the 
inequality of which latter method is illustrated in the same 
report of the Provost-Marshal-General, by the testimony 
there found that under former calls 

" Some of the Western States, with quotas nearly as large as some of 
the Eastern, not only furnished their quotas and a large excess besides, 
but had a larger proportion of males left than Eastern States which had 
not entirely filled their quotas." 

At the time when troops were accepted from other States 
and the volunteers of Massachusetts were declined, the 
Government did not probably contemplate the possible 
future exercise of the high prerogative implied in the 
enforcement of a draft for tlie military service. Nor had it 
perhaps the means of then adjusting, without delay, the 
acceptance of volunteers from the several States in due 
proportions. Tiiere were many unavoidable circumstances, 
not easily detailed but quite easily understood, which dis- 
turbed the equality of their distribution. And it should be 
rememl)ered also that prior to the Act of 3d March, 18G8, 
the laws of Congress required that the President, in making 
any requisition on the States respectively, should have refer- 
ence to the numbers then in service from tlie several States, 
equalizing, so far as practicable, the numbers furnished by 
them, according to "Federal population," or (as it is also 
styled in the national statutes,) "representative population." 

I intend to apply no criticism, in any thing which this 
Address may contain, on any department or functionary of 
the United States Governrtient. On the contrary, 1 believe 
that the President and the Secretary at War have at all 
times souglit to to distril)ute the burdens, and their credits, 
upon and among the loyal States in obedience to the laws 
of Congress, and with a disposition to recognize the just 
demands of them all. But I have deemed it my duty to 
prepare tiiis statement of the relation of Massacliusetts to 
the volunteer contingents of the Union, with careful, and 



376 GOVERNOR'S ADDRESS. 

perhaps tiresome, elaboration, because I was unwilling to 
leave the history unwritten of that truth which is always the 
vindication of the people of Massachusetts. When those 
who struggled to relieve themselves from the exactions of 
the draft of last July, complained, even without reason, and 
in a spirit of insubordination ; when they pointed at Massa- 
chusetts, and accused her of non-fulfilment of her dutips, 
stimulating hostility against Massachusetts in the minds of 
those who dreaded the military service, disliked the national 
administration, opposed the war much, and the principles 
and ideas of Massachusetts more, — still I was silent. But, 
for the sake of the record, and for the truth of history, — not 
permitting tiio Commonwealth to be drawn into a discussion 
elsewhere unworthy her service or her character — I have 
now spoken, presenting to tlie Representatives of her People 
the recorded particulars from which history will hereafter be 
written. 

THE DRAFT. 

The draft for soldiers, prosecuted under the direction of 
the Federal Government, was based on an enrolment made 
by its officers, of 107,386 men between the ages of twenty 
and tiiirty-five years, and denominated the '' first class." 
The " second class " were enumerated at 56,792, making the 
whole enrolment 164,178 men. The whole number drawn 
was 82,079, of which 22,343 obtained exemption. Of this 
number 3,041 have failed to report. Of the number drafted, 
6,690 were held to service. Of these 743 rendered them- 
selves for duty personally ; 2,325 are represented by substi- 
tutes ; 3,622 paid the sum required by law, in commutation, 

The experience of all military nations in modern times, 
favors the adoption of a reasonable system of commutation 
of military service in money. And notwithstanding the 
gust of apparent unpopularity which attached to the pro- 
vision in the National Enrolment Act permitting such a 
commutation, I have never doubted either its wisdom, expe- 
diency or humanity. Indeed, I think its supposed unpopu- 
larity was only apparent, and not real. Its repeal would 
tend to de{)rive all but the rich of the luxury of a substitute. 
It would introduce to a golden harvest a class of men whose 
traffic would be detestable for its cupidity, oppression and 
injustice. Their trade would be injurious to the service, 
dangerous to the community, unjust to those demanding 
substitutes, and equally unjust to the men offering them- 
selves in sujjply. The only system compatible with the 
public good is that which demands but one maximum price 
as the condition of exemption, which prevents panic and 



GOVERNOR'S ADDRESS. 377 

competition, creates but one market, and but one bidder for 
substitutes, and leaves tbeir procurement to the control of 
the government. 

I respectfully suggest, however, that the duty of providing 
men for the military service does not equitably rest on the 
shoulders of those men only, of military age and capacity. 
In the last resort, and when the exigency is adequate, I 
admit that it may become their duty to bear it alone, 
because when at last the final struggle comes, it is the duty 
of every man according to the measure of his power, 
whether of mind, body or estate, to do whatever he can to 
save his country. But while a community is prosperous 
and its means abundant, both sound policy and natural 
justice require that all who share the benefits conferred by 
the soldier upon his country, should also help the soldier to 
bear his burden. In ordei' that any shall have a home it is 
needful that some should go abroad to defend it: and those 
who remain ought to assist in rendering it reasonably con- 
venient for others to go. 

But the welfare of human society never fails to require of 
the statesman economy of all its resources. The extrava- 
gance of to-day only foretells the poverty of to-morrow. 
Economy itself may demand liberality of expenditure, but 
it never permits the wasting of resources. Nature, even, 
boundless in her capacity, uses only what she needs. The 
duty of suppressing the rebellion involves that of restoring 
and reconstructing order, society, civilization, where treason 
and slavery have subverted them, of maintaining them 
wherever they still exist, of encouraging every benignant, 
beautiful and useful art, of enlarging the boundaries of 
knowledge, virtue and truth. This duty involves not merely 
preserving that political organization known as Government, 
that combination of States we call our Union, or that funda- 
mental framework of law, its Constitution. Preserving 
these as invaluable means and opportunities, the work before 
us involves tiie duty of perj)otuating, securing and amplify- 
ing the rights, the freedom, and the welfare of all that 
portion of mankind whose allegiance our country may 
rightfully claim. 

Considering how vast the responsibility, the extensiveness 
of the field, the protean shapes innumerable in which that 
duty is to be encountered, the millions of men who are to 
be affected, and the infinite years to l>e influenced l)y what 
we do, I cannot but feel that tiiere is no peril from war half 
so tremendous as those which follow from temporizing, 
short-sighted or superficial state policy. Even in raisinij 
48 



378 GOVERNOR'S ADDRESS. 

soldiers to recruit our army, we must look beyond the cam- 
paign. In carrying on war, we must look through the war 
to the peace which lies beyond it. And in studying how by 
war to conquer a peace, we must look beyond the peace 
itself we long for, and consider permanence, security, 
freedom, and progress. The duty peace will impose 
requires even while the war continues, the re-establish- 
ment of society wherever the army advances, or at least 
that its foundation shall be securely laid. 

The husbanding of our means for all the uses to which 
they may be required hereafter, implies that they should be 
sometimes saved, sometimes distributed, sometimes used, 
but always with tliat discretion grounded in a clear purpose, 
which best adapts them to their ends. So, therefore, men 
should be sought for and accepted where men are abundant 
and where civil employment is deficient. But where the 
wants of a whole people demand all the efforts of labor, and 
capital waits to pay liberally for all that labor can perform 
to supply them, it is even doubtful economy for men to be 
there withdrawn from peaceful industry, unless the with- 
drawal is unavoidable ? 

Having sent into the field one man at least out of every 
three of her enrolled militia, at some time or another since 
the war began, and having spent for the service already not 
less than $15,000,000, including municipal expenditures, 
but not including the National taxation, I do not think it 
unbecoming the people of this Commonwealth to suggest 
any measure of justice tending to preserve her industry, her 
ability to be useful to the country, and yet to swell the ranks 
of the National armies. With this view, I think it not 
improper that she should be allowed to recruit her wasted 
regiments on the very fields where those regiments have 
borne the National flag with honor, and in the very States 
they have helped to grasp from rebel usurpation. Every 
man she might thus induce to join her ranks, would be one 
civilian saved to the National industry, one soldier added to 
the army of the Union, one the less possible victim of rebel 
conscription, one Union man of the South enjoying, in the 
form of a Massachusetts bounty, some compensation for the 
waste and want with whicii the rebellion had visited him. 
Now, whether white men or black men, wMiy should we not 
be permitted to invite them to come ? AVhy should we not 
encourage them by the pecuniary advantages of a remunera- 
tive service ? Wliy not weaken the walls of the house of 
the enemy by attracting whatsoever supports them ? And 
how could the mission be more actively prosecuted of disa- 



GOVERNOR'S ADDRESS. 

busing misinformed southern men, and spreading over the 
South, now ruined by an insolent aristocracy, the principles 
of the democratic North ? I venture to suppose that the 
opportunity offered to any inhabitants of disloyal States of 
serving in the regiments of the patriotic Free-State volun- 
teers, of being helped and relieved by their bounties, of 
marching under their tried and experienced commanders, 
shoulder to shoulder with their intelligent veterans of the 
rank and file, would be the beginning of one of the many 
moral victories of the war. This measure, already proposed 
in Congress, of permitting all the loyal States to recruit for 
their volunteer corps in those States to which no contingents 
are assigned, I respectfully submit, deserves the support of 
the Legislature of Massachusetts. 

Nevertheless, under whatever decisions and laws — with 
fidelity and courage unswerving and indomitable, — her 
People will do their duty. 

This proposition is of greater importance to the Nation than 
it is to Massachusetts. The organized, skilled industry con- 
stantly at work, the powers of water and steam harnessed 
into the service of man, the stupendous enginery of mechan- 
ical ingenuity, the brain-power wielding and directing all 
these vast and varied forces engaged in the production of 
wealth, comfort and the means wanted to maintain order, 
decorum, and the very existence of society, are of indispen- 
sable necessity to the whole country as a condition of main- 
taining her armies and of conducting the war. Whenever 
one community can furnish volunteers for our armies, and 
other communities can afford to pay them to come, but 
cannot afford to spare their own men from their own 
industry, the simplest political economy teaches the waste- 
fulness of refusing to allow these balances to be adjusted by 
the laws of supply and demand. Not to do so seems to me 
as it would in mechanics to reject the use of the lever, and 
to insist on moving all bodies by a dead lift. 

Do not understand me to claim any preference in our own 
behalf ; nor in behalf of the New England States ; nor of 
any communities whose combinations of labor and capital — 
whose industry — corresponds to theirs. The argument 
applies of course alike, wherever the facts agree ; and the 
conclusions which follow from the facts are the deductions 
of inexorable logic. Do not understand that I would have 
such communities exempted from furnishing a proportion — 
perhaps a major part — of their contingents, from their own 
population. There are those in nearly every part of the 
country who can be spared for the military service. There 



380 GOVERNOR'S ADDRESS. 

are those everywhere who desire ardently to render it. 
There are those who ought not to he exempted from it. 
And I only suggest that all the States should be allowed to 
recruit for their own regiments to the amount of a certain 
proportion of the quotas of the new levies assigned to them, 
within those States on which no requisitions are made. 

I have heard, in substance, but one argument in oppo- 
sition. It is simply the argument based on a supposed 
jealousy on the part of certain States of the West or North- 
west, against some of the older Commonwealths where 
moneyed capital is more abundant. But can it be imagined 
that a great question of public economy, — the supreme 
interest of all people in all the States that tlie Arts of civi- 
lization shall not fail, and that Industry, which is their 
foundation, shall not be broken down, — is to be settled 
against the universal interest by a sentiment of local 
jealousy ? Those who suggest it underrate their own con- 
stituencies. But if they are right, then let Massachusetts 
be specially excluded from the arrangement. Let all New 
England be excluded. But let other States be privileged to 
recruit in the manner I have suggested. It is worth the 
while, simply for the political and military strength to be 
gained to our own cause, and the weakness it would cam- 
municate to the enemy ; and Massachusetts, I am sure, will 
be content to wait a while for justice and better views to 
obtain. 

A State system of recruiting, both of white and colored 
men, in the rebel States, will succeed. A Federal system 
will only partially succeed. The difficulties inherent in 
bureau-operations I do not think under the Federal system 
can be seasonably overcome. The States raise State volun- 
teers more rapidly everywhere than troops can