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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  0    .^  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- 

0  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  be  otherwise 
accumulated.  It  has  always  been  so.  The  work  can  be 
popularized  by  their  measures  and  can  be  accommodated  to 
familiar  traditions  and  methods.  When  committed  to  the 
Federal  government  it  is  done  only  after  the  methods  and 
traditions  of  the  regular  army,  which  are  intrinsically  ill 
adapted  to  the  task.  It  is  well  systematized,  but  it  wants 
life  and  inspiration.  All  experience  I  have  known,  down  to 
this  very  hour,  has  helped  to  establish  the  opinion  I  have 
just  expressed.  Troops  cannot  be  suddenly  raised,  nor 
without  considerable  time  occupied  in  the  work,  either  by 
any  means  of  volunteering,  or  by  conscription.  The  reasons 
are  both  moral  and  material.  They  were  little  less  appar- 
ent in  the  summer  of  18G1  than  they  are  now.  With  a 
constantly  maintained  and  systematic  jtlan  of  State  recruit- 


GOVERNOR'S  ADDRESS.  381 

ing  I  am  confident  tliat  Massachusetts  will  never  fail  of 
furnishing  her  military  contingents.  But,  in  order  to  suc- 
ceed well,  the  system  pursued  should  never  be  suspended  ; 
it  should  l^e  nniform  and  cooperative.  Bounties  should  be 
equal,  paid  by  the  government,  on  a  maximum  subject  to 
reduction  and  not  inflexibly  the  same. 

NEW   ENGLAND   AND   THE   NORTHWEST. 

There  ought  to  be  absolute  sympathy  of  feeling,  as  there 
is  community  of  interest,  between  New  England  and  the 
States  of  the  West.  By  the  census  of  1860,  500,336  of  the 
children  of  New  England,  natives  of  her  soil,  were  residents 
of  other  States  and  Territories.  Of  the  inhabitants  of 
Massachusetts  in  1860,  970,952  were  American  born,  805,- 
546  were  natives  of  the  Commonwealth, — the  residue  of 
her  population  being  either  foreign  to  the  State  or  to  the 
country,  by  their  birth.  But  she  had  coiitributed  to  other 
States  and  Territories  160,692  of  her  own  children.  Of 
these,  16,313  were  found  in  Ohio,  9,873  in  Michigan,  3,443 
in  Indiana,  19,053  in  Illinois,  3,719  in  Minnesota,  12,115  in 
Wisconsin,  6,214  in  Iowa.  And  in  Kansas,  where  in  1855 
she  made  haste  to  hoist  the  flag  and  practically  assert  the 
principles  of  Liberty,  and  where  her  sons  have  repeatedly 
sealed  their  testimony  with  their  blood,  1,282  natives  of 
Massachusetts  continued  to  guard  the  outposts  of  Freedom, 
always  menaced  and  frequently  assaulted  by  the  foes  of  our 
common  country  and  the  supporters  of  slavery. 

More  than  fifty  millions  of  dollars  of  New  England  capi- 
tal invested  in  the  railroad  enterprises  of  the  Great  West, 
(to  say  nothing  of  a  probably  equal  amount  expended  in 
lands,  or  employed  in  loans  and  in  personal  property,)  and 
twenty-five  millions  invested  in  mining,  have  been  used  to 
develop  the  splendid  capacity  and  resources  of  those  youth- 
ful but  sturdy  Commonwealths ;  while  within  the  last 
twenty  years,  three  millions  of  dollars,  at  least,  and  how 
mucii  more  I  know  not,  in  voluntary  contributions  have 
found  their  way  from  New  England,  flowing  in  numerous 
rills  of  philanthropic  and  religious  ciiarity,  to  tlie  churches, 
the  schools,  and  the  other  institutions  of  the  West  devoted 
to  learning  and  religion.  Tiie  young  men  and  maidens  who 
annually  migrate  thither  from  these  Eastern  Common- 
wealths, are  not  only  drawing  after  them  their  share  of  the 
paternal  inheritance,  but  are  always  weaving  a  sympathetic 
net-work  of  affection,  reaching  to  cradle  and  prairie  farm, 
from  the  old  homesteads  and  church-yards  of  New  England. 


382  GOVERNOR'S  ADDRESS. 

During  the  last  session  of  the  Federal  Congress,  the  people 
of  the  Great  Northwest  enjoyed  and  recognized  both  the 
friendship  and  the  comprehensive  statesmanship  of  the 
Eastern  representatives,  in  the  almost  undivided  support 
extended  by  New  England  to  the  project  of  uniting  the 
Great  Lakes  with  the  Mississippi  River,  as  a  National  mea- 
sure, by  a  ship  canal. 

In  respect  to  the  quantity  of  No:'thwestern  food  consumed 
in  New  England,  no  means  yet  exist,  to  my  knowledge,  of 
statistically  presenting  the- subject  in  precise  detail.  That 
could  only  be  done  after  carefully  ascertaining  the  quantities 
carried  into  New  England  by  the  railways,  and  the  coasting 
vessels  from  all  the  ports  on  the  Hudson.  Reasoning  from 
a  few  known  elements  of  calculation,  it  may,  however,  be 
satisfactorily  estimated. 

Foreign  statistical  writers  differ  considerably  in  their  esti- 
mates of  the  cereal  consumption  of  nations.  McCuUoch 
states  the  yearly  consumption  of  England  at  one  "  quarter  " 
of  wheat,  or  eight  bushels  to  each  inhabitant.  France, 
feeding  more  on  bread  and  less  on  meat,  is  estimated  as 
high  as  ten  bushels.  But  New  England,  consuming  largely 
of  fish  and  other  animal  food,  possibly  may  not  exceed  seven 
bushels  to  each  person.  At  seven  bushels  each,  her  3,135,- 
203  inhabitants  would  consume  21,947,051  bushels. 

The  census  of  1860  show*  that  her  own  product  of  the 
principal  cereals  was : 

Of  wheat,  only 1,077,285  bushels. 

rye,  only 1,417,560       *' 

Indian  corn,  only 9,099,570       " 

Total  yield  of  these  cereals  grown  in  New  England,       11,594,415  bushels. 

But  Massachusetts,  with  a  population  of  1,231,066,  pro- 
duced less  breadstuffs  in  proportion  than  either  of  the  New 
England  States.  While  her  population  would,  at  seven 
bushels  each,  call  for  8,617,462  bushels,  her  actual  produc- 
tion of  cereals  was : 

Of  wheat,  only 119,783  bushels. 

rye,  only 388,085       " 

Indian  corn,  only 2,157,063       " 

Her  total  being  only 2,664,931  bushels. 

Her  residue  of  breadstuffs,  purchased  of  the  region  to  the 
North  and  West,  allowing  seven  bushels  for  each  inhabitant 
in  the  year  1860,  was  5,952,531  bushels  ;  or,  if  she  con- 


GOVERNOR'S  ADDRESS.  383 

sumed  at  the  rate  of  eight  busliels, — the  computation  of 
Biiglish  consumption  by  McCnlloch, — her  purchase  must 
have  been  7,183,597  bushels.  More  than  seven-eighths  of 
the  whole  cereal  yield  of  Massachusetts  was  Indian  corn,  of 
which  a  very  large  portion  must  have  been  fed  to  animals. 
Her  proportional  purchase,  therefore,  must  have  been  much 
larger  than  the  average  purchase  of  New  England.  The 
annual  consumption  of  purchased  flour  by  New  England, — 
at  an  estimate  which  is  sustained  by  the  computations  I 
have  already  made, — is  something  near  3,500,000  barrels,  or 
more  than  one  barrel  to  each  inhabitant.  In  the  year  1862, 
more  than  800,000  barrels  of  Western  and  Northern  flour 
were  sold  in  Boston  for  domestic  consumption,  or  three- 
fourths  of  a  barrel  for  each  person  in  Massachusetts  ;  which 
number  I  assume  must  have  been  equalled  by  the  sales  in 
other  marts  of  the  State. 

But,  to  abridge  a  discussion  which  would  be  too  pro- 
tracted were  the  statistics  to  be  pursued  into  greater  detail, 
I  venture  to  affirm  the  conclusion  that  the  consumption  of 
Western  agricultural  products  within  the  six  States  of  New 
England,  including  flour,  grain  and  animal  food,  used  for 
the  support  of  man  and  the  forage  of  cattle,  swine  and 
horses,  during  the  year  1863,  reached  the  value  of 
$50,000,000,  the  proportion  of  which  taken  by  Massachu- 
setts exceeded  $20,000,000. 

Beside  this,  it  must  be  remarked  that  the  miHs  of  New 
England  are  manufacturing  wool  at  the  fate  of  not  less  than 
eiglity  million  pounds  annually,  producing  two-thirds  of  the 
woollen  fabrics  made  in  the  United  States.  Perhaps  thirty- 
five  million  pounds  are  imported  from  foreign  countries. 
The  remaining  forty-five  millions  or  more  is  American 
grown,  being  about  two-thirds  of  the  whole  clip,  (according 
to  the  last  cansus,)  to  which  New  England  affords  a  market. 
Her  own  clip  of  wool  in  1860,  was  less  than  seven  millions 
of  pounds,  out  of  about  forty-nine  millions  produced  in  the 
loyal  States.  Massachusetts,  while  she  raised  not  more  than 
y^^th  of  the  clip  of  New  England,  or  about  -f  Joth  of  the  clip 
of  the  loyal  States,  or  yjotli  part  of  all  the  wool  made  into 
American  goods,  manutactured  one-third  of  all  the  woollen 
faln-ics  made  in  the  Union.  Beside  all  this,  there  is  the 
carpet  and  coarse  Ijlanket  wool,  now  manufactured  in  New 
England  to  the  quantity  of  twenty  millions  of  pounds. 

WESTERN   TRANSPORTATION. 

These  calculations  and  statistics  establisiiing  our  jiower 
of  consuming  Western   products  illustrate  also  the  impor- 


384  GOVERNOR'S  ADDRESS. 

tance  to  the  West  of  extending  its  market  by  the  cheapening 
of  transportation  ;  the  importance  to  consumers  of  all 
classes,  of  cheapening  food  by  increasing  the  means  of 
direct  and  economical  transportation;  the  importance  to  the 
commerce  of  Boston,  of  bringing  food,  which,  whether  arriv- 
ing here  in  the  forms  of  grain,  flour,  lard,  live  animals,  or 
cut  meats,  is  becoming  of  more  and  more  commanding 
value  in  our  commercial  exchanges ;  the  importance  of 
abundant  and  cheap  transportation  for  fuel.,  as  well  as  for 
food,  if  we  would  maintain  the  manufacturing  power  of 
New  England.  On  the  prosperity  of  these  manufactures 
depend  not  only  the  support  of  the  artisans  and  laborers 
they  employ,  the  thrift  of  the  villages  they  have  created, 
but  the  domestic  markets  for  vegetables,  milk,  fruit,  poultry, 
and  other  products  of  the  field,  the  orchard,  and  garden, 
which  yield  revenue  to  our  own  farmers. 

An  adequate  treatment  of  this  subject  includes  a  consid- 
eration, not  only  of  the  procurement  of  cheap  and  abundant 
food  for  our  own  eaters,  of  prosperity  to  our  manufacturers 
and  mechanics,  of  lively  domestic  markets,  of  local  welfare 
all  over  Massachusetts,  but  of  our  growth  and  permanence 
as  a  commercial  people.  It  spans  the  ocean,  it  scales  the 
mountains,  bridges  the  rivers,  and  steams  over  the  great 
lakes,  strengthening  us  at  home  by  its  unifying  of  interests 
between  West  and  East,  and  contributing  to  the  power, 
influence  and  ubiquity  of  our  commerce  on  every  sea. 

Gentlemen  op  the  Senate  and 

OP  THE  House  of  Representatives  : 

Several  topics — among  others,  of  the  militia — omitted 
from  this  Address,  already  long,  can  be  better  matured  here- 
after, should  occasion  demand  their  discussion*  I  must  not 
omit  to  bear  public  testimony  again  to  the  efficient  manner 
in  which  the  recruitment  of  volunteers  is  conducted  through 
the  municipal  governments.  The  work  is  brought  directly 
home  to  the  people.  Led  by  their  own  local  magistrates,  it 
is  patriotically  done.  Time,  an  element  not  usually  under- 
stood, will  enable  them  to  fill  our  contingent,  I  can  never 
express  my  sense  of  tiie  sublime  devotion  to  public  duty  I 
have  witnessed  in  this  people  from  my  watch-tower  of 
observation  ;  nor  the  gratitude  I  owe  for  their  indulgent 
consideration. 

But  the  heai't  swells  with  unwonted  emotion  when  we 
remember  our  sons  and  l»rothers,  whose  constant  valor  has 
sustained  on  the  field,  during  nearly  three  years  of  war,  the 


GOVERNOR'S  ADDRESS.  385 

cause  of  our  country,  of  civilization,  and  liberty.  Our  vol- 
unteers have  represented  Massachusetts,  durinji;  the  year 
just  ended,  on  almost  every  field  and  in  every  department 
of  the  army  where  our  flag  has  been  unfurled.  At  Chan- 
cellorsville,  Gettysburg,  Vicksburg,  Port  Hudson,  and  Fort 
Wagner,  at  Chickamauga,  Knoxville,  and  Chattanooga — 
under  Hooker,  and  Meade,  and  Banks,  and  Gillmore,  and 
Rosecrans,  Burnside,  and  Grant — in  every  scene  of  danger 
and  of  duty,  along  the  Atlantic  and  the  Gulf,  on  the  Ten- 
nessee, the  Cumberland,  the  Mississippi  and  the  Rio  Grande 
— under  Dupont  and  Dahlgren,  and  Foote,  and  Farragut 
and  Porter — the  sons  of  Massachusetts  have  borne  their 
part,  and  paid  the  debt  of  patriotism  and  valor.  Ubiquitous 
as  the  stock  they  descend  from,  national  in  their  opinions 
and  universal  in  their  sympathies,  they  have  fought  shoulder 
to  shoulder  with  men  of  all  sections  and  of  every  extraction. 
On  the  ocean,  on  the  rivers,  on  the  land,  on  the  heights 
where  they  thundered  down  from  the  clouds  of  Lookout 
Mountain  the  defiance  of  the  skies,  they  have  graven  with 
their  swords  a  record  imperishable. 

The  Muse  herself  demands  the* lapse  of  silent  years  to 
soften,  by  the  influences  of  Time,  her  too  keen  and  poignant 
realization  of  the  scenes  of  War — the  pathos,  the  heroism, 
the  fierce  joy,  the  grief,  of  battle.  But,  during  the  ages  to 
come,  she  will  brood  over  their  memory ;  into  the  hearts 
of  her  consecrated  priests  will  breathe  the  inspirations  of 
lofty  and  undying  Beauty,  Sublimity  and  Truth,  in  all  the 
glowing  forms  of  speech,  of  literature  and  plastic  art.  By 
the  homely  traditions  of  the  fireside — by  the  head-stones  in 
the  church-yard,  consecrated  to  those  whose  forms  repose 
far  off"  in  rude  graves  by  the  Rappahannock,  or  sleep  beneath 
the  sea — embalmed  in  the  memories  of  succeeding  genera- 
tions of  parents  and  children,  the  heroic  dead  will  live  on  in 
immortal  youth.  By  their  names,  their  character,  their 
service,  their  fate,  their  glory,  they  cannot  fail : 

"  They  never  fail  who  die 
In  a  great  cause ;  the  block  may  soak  their  gore; 
Their  heads  may  sodden  in  the  sun,  their  limbs 
Be  strung  to  city  gates  and  castle  walls ; 
But  still  their  spirit  walks  abroad.     Though  years 
Elapse  and  others  share  as  dark  a  doom, 
They  but  augment  the  deep  and  sweeping  thoughts 
Which  overpower  all  others,  and  conduct 
The  world  at  last  to  Freedom." 

The  edict  of  Nantes  maintaining  the  religious  liberty  of 
the  Huguenots  gave  lustre  to  the  fame  of  Henry  the  Great, 
whose  name  will  gild  the  pages  of  philosophic  history  after 
49 


386  GOVERNOR'S  ADDRESS. 

mankind  may  have  forgotten  the  martial  prowess  and  the 
white  plume  of  Navarre.  The  great  Proclamation  op 
Liberty  will  lift  the  Ruler  who  uttered  it,  our  Nation  and 
our  Age,  above  all  vulgar  destiny. 

The  bell  which  rang  out  the  declaration  of  Independence, 
has  found  at  last  a  voice  articulate,  to  "  Proclaim  Liberty 
throughout  all  the  Land  unto  all  the  Inhabitants  thereof." 
It  has  been  heard  across  oceans,  and  has  modified  the  senti- 
ments of  cabinets  and  kings.  The  people  of  the  old  world 
have  heard  it,  and  their  hearts  stop  to  catch  the  last  whisper 
of  its  echoes.  The  poor  slave  has  heard  it,  and  with  bound- 
ing joy,  tempered  by  the  mystery  of  religion,  he  worships 
and  *  adores.  The  waiting  Continent  has  heard  it,  and 
already  foresees  the  fulfilled  prophecy,  when  she  will  sit 
"  redeemed,  regenerated  and  disenthralled  by  the  irresistible 
Genius  of  Universal  Emancipation." 


J 


SPECIAL  messages:  387 


SPECIAL    MESSAGES. 


THE  FOLLOWING  SPECIAL  COMMUNICATIONS  WERE  MADE  BY  HIS 
EXCELLENCY  THE  GOVERNOR,  TO  THE  LEGISLATURE,  DURING 
THE   SESSION   ENDING    MAY   FOURTEENTH. 

[To  the  House  of  Representatives,  January  13.] 

I  have  tlie  honor  to  transmit  to  the  General  Court — 

1.  A  letter  addressed  to  me  on  December  29,  1863,  by 
the  Federal  Commissioner  of  Public  Lands,  announcing  the 
forwarding  of  2,250  pieces  of  land  scrip,  representing 
360,000  acres,  being  the  portion  allotted  to  Massachusetts 
under  the  Act  of  Congress  of  July  2,  1862,  concerning 
"  colleges  for  the  benefit  of  agriculture  and  the  mechanic 
arts." 

2.  The  circular  to  Land  Registers  and  Receivers,  which 
was  inclosed  with  the  Commissioner's  letter. 

3.  A  report  made  to  me  on  January  11,  1864,  by  the 
Treasurer  of  the  Commonwealth,  identifying  the  counting 
of  the  scrip,  which  I  have  deposited  in  his  office  for  safe 
keeping. 

I  have  forwarded  to  the  Secretary  of  the  Interior  my 
receipt  for  this  scrip,  which  I  have  received  pursuant  to 
section  2  of  chapter  166  of  the  Massachusetts  Statutes  of 
1863.  By  section  3  of  that  chapter,  provision  is  made  for  a 
Commissioner  to  be  appointed  by  the  Governor  to  dispose  of 
this  scrip,  and  for  tlie  Commissioner  to  give  bond,  with 
sureties,  in  the  sum  of  fifty  thousand  dollars,  faithfully  to 
perform  the  duties  of  his  office.  The  scrip  not  having  beeu 
received  from  the  land  office  until  the  present  month,  the 
earlier  appointment  of  a  Commissioner  was  imnecessary. 

There  are  no  public  lands  of  the  United  States  within  this 
Commonwealth  ;  and  under  the  Act  of  Congress  of  July  2, 
1862,  (tlie  Agricultural  College  Act,)  the  Commonwealth 
is  forbidden  to  locate  this  scrip  within  the  limits  of  any 
other  State  or  of  any  Territory  of  the  United  States.  The 
assignees  of  the  Common  wealth  may,  however,  thus  locate 


388  SPECIAL  MESSAGES. 

the  same  upon  any  of  the  unappropriated  lands  of  the 
United  States  subject  to  sale  at  private  entry,  at  one  dollar 
and  twenty-five  cents,  or  less,  per  acre. 

It  is  important,  for  the  cause  of  education  in  those 
branches  of  learning,  related  to  agriculture  and  the  mechanic 
arts,  which  it  was  the  object  of  Congress  to  disseminate  "  in 
order  to  promote  the  liberal  and  practical  education  of  the 
industrial  classes,"  that  this  scrip  should  be  prudently 
husbanded  and  not  forced  upon  the  market.  It  is  impor- 
tant, also,  that  there  should  be  some  concert  of  action 
between  the  several  States  having  a  common  interest  in  the 
subject,  with  a  view  to  the  promotion  of  the  common  good. 
I  would,  therefore,  respectfully  suggest  that  the  3d  section 
of  the  166th  chapter  of  the  Acts  of  1863,  be  amended  so  as 
to  vest  the  custody  of  this  scrip  in  the  Treasurer  of  the 
Commonwealth,  while  it  remains  unsold,  and  to  authorize 
the  agent  who  may  be  appointed  to  sell  the  scrip  to  give 
orders  on  the  Treasurer  for  its  delivery  from  time  to  time 
as  sales  may  be  made,  on  payment  therefor  into  the  treasury. 
This  method  will  keep  the  scrip  or  its  proceeds  always  in 
the  treasury,  precluding  the  necessity  of  appointing  an 
officer  charged  with  the  custody  of  property  and  money 
giving  a  very  large  bond  which  is  required  by  the  Act  last 
mentioned.  The  business  of  seeking  a  market  for  the  scrip 
might  then  be  properly  intrusted  to  some  person  expert  in 
such  affairs,  to  whom  a  commission  should  be  paid  on  his 
sales,  which  should  be  at  a  minimum  price  fixed  by  law,  or 
by  the  Governor  and  Council. 

[To  the  Senate,  January  13.J 

I  have  the  honor  herewith  to  communicate  for  the  inform- 
ation of  the  General  Court  the  Report  of  the  Commissioners 
appointed  under  the  Resolve  of  March  28th,  1863,  being 
chapter  forty  of  the  Resolves  of  that  year,  to  examine  and, 
if  possible,  adjust  various  questions  of  the  title  of  the  Dart- 
mouth tribe  of  Indians  to  certain  lands  in  Dartmouth  and 
Westport. 

[To  the  Senate,  January  20.] 

I  had  the  honor,  in  my  Aimual  Address,  to  indicate  the 
expectation  of  communicating  with  the  General  Court,  on 
another  occasion,  concerning  the  militia.  I  approach  this 
subject  with  diffidence,  although  with  opinions  established 
by  some  experience  and  much  reflection.  I  propose,  how- 
ever, to  confine  myself  at  this  moment  principally  to  the 
simple  duty  of  conveying  to  your  honorable  body,  for  the 


SPECIAL  MESSAGES.  "  389 

use  of  the  General  Court,  the  documents  by  which  this  mes- 
sage is  accompanied. 

They  are,  1st :  A  report  made  to  myself  by  an  informal 
commission  of  five  gentlemen,  combining  a  large  amount  of 
military  experience,  of  specific  military  education,  of  famili- 
arity witli  our  own  militia,  and  with  general  affairs. 

2nd :  A  copy  of  the  celebrated  report  of  General  Henry 
Knox,  who,  it  will  be  remembered,  was  chief  of  artillery  on 
the  staff  of  General  Washington,  during  the  war  of  the  Rev- 
olution, and  afterwards  appointed  by  Washington,  Secretary 
of  War,  under  the  Constitution.  This  report  was  made  to 
the  House  of  Representatives,  at  the  beginning  of  the  year 
1790,  being  about  five  years  after  his  appointment  to  the 
Department  of  War. 

I  desire  to  avail  myself  of  this  opportunity  to  express  the 
obligations  I  am  under  for  the  public  spirit,  and  personal 
kindness  of  the  gentlemen  wlio  have  performed  the  service, 
of  which  their  report  is  the  evidence  and  the  fruit. 

While  the  details  of  the  system  favored  in  the  report  may 
require  modification,  and  while  I  am  not  convinced  that  the 
exercise  of  the  elective  franchise  should  be  made  to  depend 
on  any  previously  acquired  military  education,  or  any  pre- 
viously rendered  military  service,  I  am  profoundly  impressed 
by  its  general  theory  of  popular  military  education  and 
training,  and  of  the  organization,  use  and  governing  of  the 
militia. 

I  would  respectfully  urge  upon  the  General  Court,  the 
great  importance  of  a  careful  and  patient  investigation  of 
the  whole  subject  at  the  present  session.  The  presence  of 
an  unusual  number  of  members  of  either  house  familiar 
with  arras,  and  who  have  rendered  eminent  military  service 
to  the  country,  presents  advantages  not  heretofore  enjoyed, 
and  which  may  not  soon  recur.  Events  during  the  last 
summer  intensified  the  conviction  in  thoughtful  minds,  that 
some  system  of  popular  military  education,  and  of  militia 
organization,  adapted  to  the  preservation  of  public  order,  as 
well  as  the  principles  of  popular  liberty,  ought  to  be  imme- 
diately devised  and  established.  I  should  deprecate,  how- 
ever, the  adoption  of  any  methods,  which,  though  seeming 
to  cover  the  whole  ground  of  the  enrolment  and  training  of 
the  militia,  should  fail  to  reach  the  bottom  of  the  subject,  or 
to  disregard  those  measures  essential  and  fundamental. 

At  this  day,  we  ought  not  to  be  driven  to  regard  any  sys- 
tem we  may  adopt  as  experimental.  I  should  hope  we 
might  aim  at  a  system  intended  for  permanence,  built  on  the 
foundation  of  principles  now  a  part  of  our  authenticated 


390  SPECIAL  MESSAGES. 

knowledge,  confidently  relying  upon  the  virtue  and  intelli- 
gence of  a  patriotic  constituency  to  approve  our  endeavors 
and  abide  by  our  work. 

I  venture  to  observe  that  I  think  it  possible  to  secure  effi- 
ciency, without  sacrificing  economy,  and  that  broad  and 
generous  methods  will  be  found  most  economical  as  well  as 
most  enduring.  They  must  be  rooted,  therefore,  in  our  sys- 
tem of  popular  education.  And  the  education  of  the  militia 
for  the  performance  of  its  duties,  must  include  the  education 
of  our  youth  for  their  fulfilment,  when  the  youth  shall  have 
become  men  and  shall  form  the  militia  of  the  State. 

Just  so  much  as  may  be  accomplished  by  our  youth  at 
school  will  be  spared  from  their  militia  training  after  they 
have  become  adults.  Rudimentary  military  instruction, 
tuition  and  practice  in  the  manual,  the  school  of  the  soldier, 
the  school  of  the  company,  and  so  on,  may  be  introduced 
into  our  day  schools  and  academies,  or  may  be  imparted  to 
and  enjoyed  by  boys,  disconnected  from  their  literary  educa- 
tion, with  manifest  advantages. 

I  cannot  doubt  that  many  hours,  monthly,  may  thus  be 
rescued  from  unmeaning  play,  many  from  weariness  and 
mental  dullness,  and  many  be  added,  by  the  cheerful  impulse 
of  bodily  health  and  mental  tone,  to  the  really  successful 
exertions  of  the  young  student.  I  believe  we  can  have 
brighter  scholars,  better  boys,  healthier  and  manlier  sons, 
steadier  and  more  dutiful  young  citizens  by  the  process. 
And  in  the  process  we  shall  be  preparing  them  to  begin 
their  militia  life,  already  well  grounded  and  well  disciplined 
in  much  knowledge  which  they  would  acquire  less  easily  in 
later  life,  and  for  the  acquisition  of  which  in  later  life  they 
would  have  less  convenient  time.  Besides,  military  drill  is 
a  part  of  the  best  gymnastics  which  can  be  provided  for  tlie 
jouth  at  school. 

It  may  be  assumed,  I  think,  that  one-tenth  of  the  enrolled 
militia  is  a  number  large  enough  to  be  maintained  on  a  con- 
stant footing  of  preparation  for  active  duty.  The  legislation 
•of  last  year  requires  the  procurement  of  arms  and  equip- 
ments for  nearly  that  proportion. 

I  doubt  the  wisdom  of  organizing  as  active  militia  the 
very  young  men  by  themselves.  I  think  the  influence  and 
effect  on  them  and  on  society  would  be  better,  if  the  number 
to  train  in  the  active  tenth  should  'include  all  ages  up  to 
thirty-five  years,  and  even  not  excluding  volunteers  above 
that  ago.  Better  officers,  cooler  judgments,  more  sense  of 
responsibility  to  the  government  and  for  the  public  welfare, 
would  be  likely  to  result. 


SPECUL  MESSAGES.  391 

The  effort  ought  to  be  made  to  render  it  honorable  to 
serve  in  the  militia.  It  should  not  be  regarded  as  a  task  to 
be  avoided,  a  burden  to  be  dreaded.  A  promotion  in  that 
service  should  be  regarded  as  one  of  the  tests  of  public  con- 
fidence and  respect,  one  of  the  proofs  of  a  worthy  and  suc- 
cessful career.  Had  we  a  reasonably  competent  militia  in 
the  free  States,  we  could  destroy  the  existing  rebellion  in  a 
single  campaign  of  a  few  months,  and  with  little  effusion  of 
blood.  There  have  been  several  periods  in  this  war  when 
200,000  militia,  such  as  we  can  have  on  a  sound  footing  in 
three  years  from  now,  if  we  will  it,  would  have  prevented 
the  draft  of  last  summer  and  the  requisition  of  last  October. 
We  are  spending  hundreds  of  millions  of  dollars — to  say 
nothing  of  all  other  cost — because  we  have  no  competent 
militia.  Do  not  let  us  think  that  the  present  war  will  soon 
be  over,  and  that  we  had  best  save  our  time  and  our  money 
— not  expending  them  at  this  moment  on  a  militia  system. 

What  if  the  war  lasts  much  longer  than  our  anticipations  ? 
And  how  should  we  repair  the  blunder  ?  But,  if  it  does 
end,  the  lioris  and  vultures  of  the  world  will  still  remain. 
The  next  generation  will  need  defence  against  them.  Shall 
we  leave  our  children  uninstructed,  our  country  to  drift, 
our  people  to  the  perils  of  an  unmanly,  imbecile  and  chaotic 
social  organization  which  omits  the  means — which  in  certain 
exigencies  are  of  imperative  necessity  to  the  very  life  of  a 
nation  ?  I  think  the  people  of  Massachusetts  are  prepared 
to  declare  now  for  a  well  armed,  well  educated,  well  discip- 
lined militia,  composed  of  industrious,  intelligent,  patriotic 
and  determined  freemen,  who  know  their  rights,  and  know- 
ing, dare  maintain  them.  I  believe  that  the  main  reason 
why  we  have  not  such  a  militia  to-day  is  that  no  system  has 
been  provided,  which  commended  itself  to  the  public  opin- 
ion as  being  substantial,  efficient,  equal  and  apparently  per- 
manent. When  a  system  adequate  to  command  the  respect 
of  the  people  is  provide  ,  they  will  respect  it.  And  they 
will  support  it,  because  iiey  will  always  support  what  they 
see  to  be  important  to  '    c  lasting  welfare  of  the  State. 

I  cannot  omit  in  t'  i  message  to  mention  how  much  is 
due  to  those  who  in  the  few  years  next  preceding  the  present 
rebellion  have,  under  discouragements  and  difficulty  main- 
tained a  volunteer  militia  in  Massachusetts. 

Although  few  in  numbers,  inadequately  supplied  and  sus- 
tained, the  volunteer  militia  of  this  Commonwealth,  in  the 
year  1861,  was  enabled  to  do  for  the  country  more  than  will 
be  fully  understood  and  appreciated  until  the  excitements 
of  war  shall  have  given  place  to  tlie  cool  judgment  of  his- 
tory. 


392  SPECIAL  MESSAGES. 

[To  the  House  of  Representatives,  February  1.] 

I  have  the  honor  to  transmit  to  the  General  Court  a  com- 
munication addressed  to  me  by  the  Commissioners  on  Public 
Lands,  forwarding  a  deed  drawn  for  the  purpose  of  granting 
to  the  City  of  Boston  a  right  to  maintain  water-pipes  on  cer- 
tain lands  of  the  Commonwealth,  which  deed,  to  be  valid, 
will  require  approval  and  confirmation  by  the  legislature. 

[To  the  Senate,  February  13.] 

I  had  the  honor,  on  the  twentieth  of  January,  to  commu- 
nicate to  the  General  Court  the  report  of  an  informal  com- 
mission concerning  "•  the  military  instruction  and  training 
of  the  people  of  Massachusetts."  I  had  hoped  to  transmit 
therewith  some  account  of  the  reports  made  to  the  Royal 
Educational  Commission  of  Great  Britain  on  pliysical  train- 
ing in  connection  with  the  introduction  of  military  drill  and 
instruction  into  the  schools  for  youth. 

But  having  been  unable,  by  reason  of  the  pressure  of 
other  duties,  to  give  to  this  subject  the  personal  attention  I 
desired  to  bestow,  I  requested  a  gentleman  interested  in  the 
cause  of  education,  to  prepare  a  report  thereon,  presenting 
the  substance  of  the  inquiries  made,  the  experience  had,  and 
the  results  reached,  so  far  as  results  have  yet  been  attain- 
able, and  I  respectfully  furnish  his  report  for  the  information 
of  the  legislature. 

I  regard  the  subject  and  the  various  questions,  direct  and 
collateral,  which  it  involves,  as  of  great  and  lasting  import- 
ance to  the  Commonwealth.  I  trust  that  it  may  be  exam- 
ined with  full  deliberation,  and  that  all  means  of  inquiry 
and  all  the  avenues  of  information  may  be  thoroughly 
exhausted  and  explored.  The  subject  affects  our  educational 
system  and  its  prosperity ;  the  physical  and  intellectual 
development  of  our  people  ;  and  their  capacity  to  maintain, 
without  undue  expenditure  of  the  time  of  our  adult  men,  a 
competent  and  efficient  militia. 

[To  the  Senate,  February  23.] 

I  have  the  honor  to  communicate  to  the  General  Court  a 
report  received  from  the  Honorable  Josiah  Quincy,  Jr., 
Honorable  Alfred  Hitchcock,  M.  D.,  and  Horatio  R.  Storer, 
M.  D.,  Commissioners  appointed  under  the  91st  chapter  of 
the  Resolves  of  1863,  to  make  certain  investigations  of  the 
subject  of  Insanity,  and  the  disposition  of  persons  alleged 
to  be  insane.  The  Commissioners  have  prosecuted  their 
inquiries  with  an  exemplary  diligence  and  care,  conducted 
with  a  learning  and  ability,  which  commend  the  result  of 
their  labors  to  the  attentive  consideration  of  the  legislature. 


i 


SPECIAL  MESSAGES.  393 

[To  the  House  of  Representatives,  February  23.] 

I  have  been  iiiforiiied  by  the  attorney-general  of  the 
Commonwealth,  of  the  pendency  of  a  writ  of  error  before 
the  supreme  court  of  the  United  States,  sued  out  by  John 
McGuire,  to  procure  the  reversal  of  a  judgment  against  him 
in  the  superior  court,  witliin  the  county  of  Essex,  upon  an 
indictment  for  the  offence  of  being  a  common  seller  of 
intoxicating  liquors,  in  violation  of  the  statutes  of  this 
Commonwealth.  The  question  to  be  raised  is  whether  the 
defendant,  by  being  licensed  as  a  retailer  under  the  United 
States  excise  law,  has  obtained  the  privilege  of  carrying  on 
the  business  in  Massachusetts,  notwithstanding  the  statutes 
of  the  Commonwealth. 

An  early  day  in  March  has  been  assigned  for  the  hearing. 
In  order  that  the  Commonwealth  may  be  represented  by  the 
attorney-general,  at  the  argument  of  the  cause  at  the  bar  of 
the  supreme  court,  I  would  respectfully  suggest  than  an 
appropriation  be  made  to  pay  the  expenses  properly  incident 
to  the  service. 

[To  the  Senate,  March  11.] 

I  have  the  honor  to  transmit  herewith  to  the  General 
Court  a  communication,  accompanied  by  a  surveyor's  plan, 
addressed  to  me  by  the  Honorable  the  Secretary  of  the 
Navy,  making  request  that  this  Commonwealth  will  cede  to 
the  United  States  jurisdiction  over  certain  lands  desired  by 
him  to  be  purchased,  to  extend  the  water  front  at  the  navy 
yard  at  Charlestown. 

[To  the  House  of  Representatives,  March  25.] 

I  have  the  honor  herewith  to  transmit  to  the  General 
Court,  the  twenty-seventh  annual  report  of  the  Boards  of 
Education,  together  with  the  accompanying  reports  to 
the  Board,  of  its  officers. 

[To  the  House  of  Representatives,  April  2.] 

I  have  the  honor  to  transmit  to  the  General  Court  a  com- 
munication, addressed  to  me  by  his  excellency,  the  governor 
of  Maine,  with  the  accompanying  copy  of  Resolves  adopted 
by  the  legislature  of  that  State,  "  inviting  the  Common- 
wealth of  Massachusetts  to  cooperate  with  Maine  in  extend- 
ing aid  to  a  military  road  from  Bangor  to  St.  John  River." 
Being  thus  advised  that  three  distinguished  citizens  of 
Maine,  Edward  Kent,  John  Hubbard  and  Israel  Washburn, 
Jr.,  Esquires,  have  been  appointed,  in  compliance  with 
these  Resolves,  to  be  commissioners  to  present  to  the  govern- 
ment of  Massachusetts  the  views  entertained  by  the  govern- 


394  SPECIAL  MESSAGES. 

ment  of  Maine  upon  this  subject,  I  therefore  respectfully 
suggest  that  the  subject  be  referred  to  an  appropriate  com- 
mittee of  the  General  Court,  with  authority  to  hear  the 
commissioners  and  report  at  the  present  session. 


[To  the  House  of  Representatives,  April  13.] 

I  have  the  honor  to  communicate  to  the  House,  for  the  infor- 
mation of  the  General  Court,  a  printed  copy  of  the  report 
of  the  adjutant-general  of  the  Commonwealth,  attended  by 
the  respective  reports  of  the  quartermaster-general,  the 
surgeon-general  and  the  master  of  ordnance,  for  the  year 
ending  the  31st  day  of  December,  1863.  I  respectfully 
suggest  to  the  General  Court  the  importance  of  printing  such 
a  number  of  copies  of  these  documents  as  will  to  a  reasonable 
degree  supply  the  demand  of  the  people  for  the  particulars 
of  the  military  annals  of  the  Commonwealth,  and  the  record 
of  our  several  volunteer  military  organizations  in  the  Union 
Army ;  during  a  year  crowded  with  incident,  fruitful  of  valor, 
its  rewards  and  its  casualties.  There  can  be  few  citizens  of 
Massachusetts  who  have  not  a  personal  interest  in  this 
history. 

[To  the  House  of  Representatives,  April  16.] 

It  has  become  my  duty  to  communicate  to  the  General 
Court  the  fact  of  the  appointment  on  the  twenty-third  day  of 
February,  in  the  present  year,  to  the  office  of  a  justice  of  the 
peace  for  the  county  of  Suffolk,  of  one  Joseph  Hale,  Jr.,  to 
whom  it  is  manifest  that  such  a  commission  ought  not  to 
have  been  imparted  and  by  whom  it  ought  not  to  be  longer 
held. 

It  has  come  to  my  knowledge,  since  the  issue  of  the  cora- 
mfssion  under  which  this  party  has  taken  the  oaths  of  office, 
that  at  the  January  term,  in  the  year  1860,  of  the  superior 
court,  for  the  county  of  Essex,  he  was  convicted  of  a  felony, 
and  was  sentenced  to  three  years  imprisonment  at  hard  labor 
in  the  State  Prison  at  Charlestown,  to  which  prison  he  was 
accordingly  committed  where  he  remained  until  his  sentence 
was  duly  executed.  Certified  copies  of  the  indictment  and 
mittimus  are  herewith  transmitted  for  the  information  of  the 
General  Court. 

The  appointment  in  this  case  was  made  in  reliance  upon 
the  names  of  several  respectable  gentlemen  by  whom  it  was 
recommended.  The  fact  of  Hale's  conviction  of  crime  was 
wholly  unknown  and  unsuspected  by  this  department.  No 
opportunity,  therefore,  was  had  to  make  inquiry  into  the 
prior  or  subsequent  reputation  and  course  of  life  of  the  said 


SPECIAL  MESSAGES.  395 

Hale,  with  a  view  to  ascertain  whether,  notwithstanding  a 
circumstance  so  untoward,  an  office  of  trust  could  properly 
be  conferred  upon  iiim.  Since  this  fact  in  his  history  has 
come  to  my  knowledge  I  have  advised  the  said  Hale  of  my 
sense  of  the  impropriety  of  iiis  continuing  to  hold  the  com- 
mission under  existing  circumstances,  and  that,  in  ray 
judgment,  his  duty  as  a  citizen  requires  its  surrender. 
After  doing  so,  he  could,  if  he  should  choose,  renew  his 
application  and  stand  upon  such  merits  as  miglit  then  be 
made  to  appear.  But  the  said  Hale  declines  to  resign  his 
office. 

It  may  properly  be  added  that  the  said  Hale  has  not 
hesitated  to  avail  himself  of  the  legal  immunities  consequent 
upon  his  conviction  ;  for  since  his  discharge  from  the  State 
Prison  he  has  pleaded  before  a  Board  of  Enrolment  his 
conviction  of  felony,  and  proved  his  own  identity  as  a  dis- 
charged convict  from  the  State  Prison  of  Massachusetts,  in 
bar  of  all  claim  on  the  part  of  our  National  Government, 
under  the  Act  of  Congress  of  March  3d,  1863,  to  his  services 
as  a  soldier  in  the  public  defence. 

I  deplore  tiie  necessity  of  this  communication.  I  regret 
the  accident  of  an  improper  appointment.  But  I  still  more 
deeply  feel  the  importance  of  correcting  such  an  error. 
Having  failed  to  obtain  from  tiie  party  himself  a  voluntary 
surrender  of  his  commission,  and  the  executive  department 
being  without  power,  except  upon  address  of  both  houses  of 
the  legislature,  to  remove  the  said  Hale  from  the  judicial 
office  of  a  justice  of  the  peace,  I  make  this  communication  in 
order  that  the  legislature,  being  now  in  session,  may,  if  it 
shall  deem  proper,  present  such  an  address,  or  so  otherwise 
dispose  of  the  case  as  its  sense  of  public  duty  may  require. 

[To  the  House  of  Representatives,  May  11.] 

I  have  had  the  honor  to  receive  from  the  House  a  copy  of 
the  following  Order : 

"  commonwealth  of  massachusetts. 

House  of  Rkpresentatives,  Boston,  > 
May  3,  1864.      f 
Orflercd,  That  the  Governor  be  requested,  if  not  incompatible  with  the 
public  interest,  to  communicate  to  the  House  the  number  and  A-inci  of  arms 
purchased  or  contracted  tor,  the  past  year,  the  terms  of  contract  or  purchase, 
the  name  of  the  contracting  parties,  and  whether  said  parties  have  or  liave 
not  complied  with  the  terms  of  the  contract,  the  principle  upon  which  these 
contracts  were  piven,  and  purchases  made,  whether  by  public  advertise- 
ment and  an  award  to  the  lowest  bidder  or  otherwise  ;  the  number  and 
kind  of  arms  at  present  i[j  the  arsenals  of  tlie  State,  and  such  other  infor- 
mation pertaining  to  the  subject  as  it  may  be  liis  pleasure  to  communicate. 
(Signed.)  VV.  S.  Robinson,  Clerk." 


396  SPECIAL  MESSAGES. 

In  compliance  therewith  I  have  the  honor  to  reply. 
These  contracts  and  purchases  were  made  under  the  fol- 
lowing Resolve  of  the  General  Court,  passed  March  10, 1863. 

"  Resolved. — That  his  excellency  the  governor,  by  and  with  the  advice 
and  consent  of  the  council,  be  and  is  hereby  authorized  to  enter  into  con- 
tracts, on  behalf  of  the  Commonwealth  for  the  purchase  or  manufacture  of 
fifteen  thousand  stand  of  arms,  of  such  pattern  as  the  governor  and  council 
shall  deem  best  adapted  for  the  service  to  which  they  are  to  be  applied  ; 
also  of  arms  and  equipments  for  one  regiment  of  cavalry;  also  of  guns  and 
equipments  for  five  batteries  of  light  artillery,  and  such  other  arms  and 
equipments  as  shall,  from  time  to  time,  be  found  necessary  for  arming  the 
militia  in  active  service ;  and  the  sum  of  four  hundred  and  fifty  thousand 
dollars  is  hereby  appropriated  for  the  foregoing  purposes." 

Pursuant  to  this  Resolve,  it  became  my  duty  first  to  ascer- 
tain what  patterns  of  arms  would  be  best  adapted  for  the 
militia,  preliminary  to  any  other  action.  To  that  end  I 
sought  the  advice  of  divers  experienced  and  skilful  officers, 
of  the  different  arms  of  the  service,  including  officers  who 
had  served  in  our  own  militia,  in  the  volunteer  army  and  in 
the  regular  army  of  the  United  States.  Their  undivided 
opinion  was  that  out  of  the  fifteen  thousand  stand  of  arms, 
thirteen  thousand  ought  to  be  of  the  latest  pattern  of  the 
Springfield  regulation  rifled  musket ;  that  two  thousand 
might  properly  be  breech-loading  rifles,  to  be  carefully 
distributed,  for  sharpshooting  and  skirmishing. 

In  like  manner  it  was  ascertained  that  the  most  efficient 
firearm  for  cavalry  now  in  use  in  this  country  is  the  Spencer 
Magazine  carbine. 

It  remained,  (having  fixed  the  proportion  of  muzzle-loading 
and  breech-loading  arms  desirable  for  infantry  riflemen,)  to 
select  the  best  pattern  or  description  of  breech-loading  rifle. 
For  this  purpose,  I  appointed  His  Honor  the  Lieut.  Governor, 
Brig.  General  Win.  Raymond  Lee  and  Col.  John  Kurtz,  a 
commission  to  examine  all  such  breech-loading  arms  as 
might  be  submitted  to  them,  to  subject  them  to  proper  tests, 
and  to  report  thereon.  They  gave  public  notice  to  all  per- 
sons wishing  to  do  so,  to  submit  their  specimen  arms  to  the 
commission.  And  after  examining  a  very  large  variety  of 
such  weapons,  including  all  which  were  offered,  they  reported 
unanimously  in  favor  of  the  Spencer  repeating  rifle  and  car- 
bine. These  arms  "are  manufactured  by  a  single  company. 
Accordingly  a  contract  was  made,  under  the  authority  of  the 
Governor  and  Council,  with  the  Spencer  Repeating  Rifle 
Company  for  2,000  rifles  and  1,176  carbines, — the  latter 
number  being  the  appropriate  number  for  one  regiment  of 
cavalry. 


SPECIAL  MESSAGES.  397 

I  subsequently  requested  His  Honor  the  Lieut.  Governor, 
with  Col.  Charles  Amory  and  Col.  Charles  H.  Dalton,  to  act 
as  a  commission  to  report  to  me  the  best  method  of  season- 
ably procuring  13,000  stand  of  the  United  States  regulation 
muskets  of  the  latest  Springfield  pattern,  and  their  probable 
cost.  They  immediately  addressed  a  circular  to  all  parties 
known  to  be  engaged  in  the  manufacture  of  these  arms, 
inviting  their  proposals  for  a  contract  with  the  Common- 
wealth. The  report  of  these  gentlemen  was  then  referred 
to  the  Military  Committee  of  the  Executive  Council,  con- 
sisting of  three  members,  who  carefully  examined  the 
proposals  made,  and  reported  in  favor  of  a  contract  with 
Messrs.  Norris  and  Clement,  which  was  accordingly  made. 
The  terms  of  this  contract  will  appear  in  a  report  from  the 
Ordnance  Department,  hereto  annexed. 

It  should  be  remarked  that  the  Spencer  Rifle  Company 
furnished  the  required  number  of  rifles  early  last  autumn. 
But,  in  deference  to  a  request  from  Brig.  Gen.  George  D. 
Ramsay,  chief  of  the  ordnance  bureau  of  the  U.  S.  War 
Department,  at  a  time  when  the  operations  of  Major-Gener- 
als  Burnside  and  Rosecrans  were  attracting  the  most  anxious 
attention,  I  consented  to  allow  the  two  thousand  Spencer 
rifles  to  be  transferred  to  the  order  of  the  United  States 
Ordnance  Bureau,  the  United  States  Government  paying  the 
manufacturers  therefor.  The  guns  were  sent  to  tlie  West, 
and  contributed  to  the  subsequent  success  of  our  arms  ;  and, 
conformably  to  the  agreement  of  the  chief  of  the  ordnance 
department,  they  were  replaced  early  the  present  year. 

It  will  be  observed  that  the  Spencer  carbines  contracted 
for  have  also  been  delivered  ;  but  it  is  my  duty  to  state, 
however,  that  the  War  Department,  through  Brig.  Gen. 
Ramsay,  has,  since  the  recent  active  and  splendid  movements 
in  Virginia,  under  Lieutenant-General  Grant,  requested  us 
to  turn  over  to  him  for  especial  use  all  these  arms,  urging 
the  great  importance  of  being  able  to  use  immediately  every 
weapon  of  the  kind  within  reach,  and  promising  to  put  the 
carbines  into  the  hands  of  tlie  veteran  Massachusetts  cavalry, 
now  on  duty  before  the  enemy.  I  have  taken  the  responsi- 
bility of  directing  our  own  master  of  ordnance  to  place  these 
arms  at  the  disposal  of  Brig.  Gen.  Ramsay,  securing  an 
agreement,  offered  by  him,  to  replace  them  by  new  weapons  of 
tlie  same  pattern  as  early  as  may  be  during  the  present  year. 
I  rejoice  that  the  opportunity  exists  of  thus  arming  for  the 
desperate  struggle  now  convulsing  the  nation  with  anxious 
hopes  and   patriotic  fears,  the   veteran  cavalry  soldiers  of 


398  SPECIAL  MESSAGES. 

Massachusetts.  And  I  doubt  not  the  General  Court  will 
approve  the  loan. 

The  existing  supply  of  arms  now  on  hand  in  the  arsenal, 
is  in  addition  to  those  served  out  to  and  deposited  with  the 
various  companies  of  militia,  and  some  pieces  of  artillery, 
deposited  with  cities  and  towns,  under  specific  legislation. 

The  appended  copies  of  the  reports,  marked  A,  B  and  C 
respectively,  made  to  me  by  the  master  of  ordnance,  exhibit 
the  ordnance  and  arms  contracted  for,  their  kinds,  number 
and  prices,  the  names  and  residences  of  the  contractors,  and 
the  number  delivered,  together  with  a  schedule  of  the  arms 
at  present  in  the  arsenal  at  Cambridge. 

I  avail  myself  of  this  opportunity  to  inform  the  General 
Court  that,  in  order  to  procure  and  pay  for  the  ordnance 
required  for  fifteen  regiments  of  infantry,  one  regiment  of 
cavalry  and  five  batteries  of  artillery,  contemplated  by  the 
Resolve  of  1863,  an  additional  appropriation  is  needed  of  one 
hundred  and  fifty  thousand  dollars. 

The  uniforms  and  quartermaster's  supplies,  needed  for 
the  same  purpose,  will  require  an  appropriation  of  seven 
hundred  and  seventy  thousand  dollars. 

I  respectfully  recommend  these  appropriations  to  be  made 
at  the  present  session. 

[To  the  Senate,  Maj^  13.] 

A  Bill,  entitled  "  An  Act  for  the  better  Enforcement  of 
the  Laws,"  having  been  laid  before  me  for  ray  revisal,  I 
perceive  objections  to  its  passage,  and  return  it  herewith  to 
your  honorable  body,  in  which  it  originated,  together  with 
my  objections  thereto  in  writing. 

The  first  section  of  the  Bill  provides  that  "no  person  shall 
hereafter  be  placed  on  the  jury  list  or  be  allowed  to  serve  as 
a  juror,  who  is  at  the  time  engaged,  directly  or  indirectly, 
in  any  unlawful  business  or  occupation." 

It  is  difficult  for  me  to  understand  how  far,  by  the  inten- 
tion of  the  legislature,  this  exclusion  was  designed  to  extend. 
Whenever  a  man  is  engaged  in  an  unlawful  business  in 
such  a  manner  as  to  be  liable  to  punishment  therefor  he 
must,  in  the  usual  acceptation  of  language,  be  deemed  to 
be  "  directlij  "  engaged  therein. 

The  word  "  indirectly  "  therefore  must  be  so  interpreted 
as  to  have  some  further  and  additional  signification — the 
definite  limits  of  which  do  not  appear.  Indeed,  by  a  subse- 
quent clause  in  the  Bill  they  are  left  to  be  fixed  by  each 
judge  who  may  be  called  upon  to  administer  the  law, 
according  to  his  own  discretion. 


SPECIAL  MESSAGES.  399 

In  one  sense  a  man  who  lets  a  building  to  a  broker  who 
violates  the  usury  laws,  or  to  any  person  who  is  doing  busi- 
ness not  having  taken  out  a  license  under  the  internal 
revenue  laws  of  the  United  States,  may  be  fitly  said  to  l)e 
"  indirectly  engaged  in  an  unlawful  business."  And  the 
statute  is  so  drawn  as  to  forever  prevent  any  authoritative 
interpretation  by  judicial  construction,  of  the  true  meaning 
of  this  dubious  and  indefinite  language.  For  the  same  sec- 
tion provides  that  "  the  decision  of  the  court  at  the  trial 
shall  be  final  as  to  the  competency  of  the  juror,"  tlius  ren- 
dering it  impossible  to  obtain  any  revision  by  the  tribunal  of 
last  resort,  of  the  ruling  of  a  single  judge  who  may  adopt  a 
construction  extremely  lax  or  unduly  rigorous,  according  to 
his  own  general  temperament  or  the  condition  of  his  feelings 
at  the  moment. 

Again,  whenever  a  juror  is  excepted  to  as  disqualified 
under  this  section,  there  will  be  a  question  of  fact  to  be 
tried,  either  upon  the  evidence  of  others  or  by  interrogating 
the  juror  himself. 

If  evidence  may  be  heard  upon  each  side  of  such  a 
question,  ingenious  counsel  would  find  it  easy  to  protract 
the  empanelling  of  a  jury  so  as  to  consume  much  more  time 
than  the  whole  trial  of  the  offence  before  the  court  would 
require.  In  fact,  there  may  be  at  least  twelve  trials  in  the 
empanelment  of  every  jury,  before  the  trial  of  the  defendant 
is  reached,  and  at  least  one  trial  more  for  every  one  called, 
tried  and  set  aside.  But  if  it  be  designed  to  limit  this  trial 
to  interrogating  the  juror  himself,  then  my  objection  is  that 
no  juror  can  be  compelled  to  answer  if  he  sees  fit  to  decline 
to  criminate  himself,  and  that  while  an  honest  juror,  who 
may  really  have  the  requisite  qualifications,  will  almost 
certainly  be  set  aside  for  the  slightest  and  most  remote  con- 
nection with  any  unlicensed  occupation,  any  man  who  is 
ready  or  likely  to  violate  his  duty,  his  conscience  and  his 
oath  as  a  juryman,  by  rendering  a  verdict  contrary  to  law, 
will  with  much  less  hesitation  make  such  untrue  answers 
and  concealment  of  facts  as  to  secure  his  continuance  upon 
any  panel  where  he  has  an  interest  to  serve. 

I  do  not,  therefore,  believe  that  the  section  under  consid- 
eration affords  any  valuable  safeguard  to  the  purity  of  the 
administration   of  justice,  while  I  feel  it  to   be  a  decided  * 

invasion  of  the  fundamental  principle  upon  which  trial  by 
jury  proceeds.  For,  upon  the  objection  of  either  side,  a 
single  judge  may  in  any  case  set  aside  any  juryman  whom 
he  does  not  desire.  At  the  present  time  there  may  bo  little 
danger  that  the  power  proposed  to  be  given  to  a  presiding 


400  SPECIAL  MESSAGES. 

judge  would  be  seriously  abused.  But  there  have  been 
occasions,  even  in  Massachusetts,  when  the  existence  of 
such  a  power  would  have  filled  the  whole  people  with  alarm, 
and  its  attempted  exercise  with  burning  indignation.  How 
would  it  have  been  regarded,  if  the  courts  of  the  United 
States,  a  few  years  ago,  had  possessed  the  power,  and 
assumed  to  exercise  it,  to  set  aside  every  juryman  indirectly 
engaged  in  the  work  of  liberating  slaves  by  means  contrary 
to  statutes  then  held  to  be  law,  or  of  hindering  the  return  • 
of  the  refugees  from  oppression  to  the  places  of  their 
bondage  ? 

The  theory  of  trial  by  jury  requires  that  the  selection  of 
jurymen  shall  be  as  far  as  possible  independent  of  the  court. 
I  cannot,  therefore,  give  my  assent  to  a  measure  which  as  I 
think  unnecessarily,  and  in  principle  dangerously,  subjects 
the  composition  of  the  whole  panel  to  the  discretion  of  a 
single  judge.  Under  the  existing  provisions  of  law  the 
impartiality  of  a  juror  may  be  inquired  into,  and  in  this  way 
any  man  can  be  set  aside  who  is  so  connected  with  any  busi- 
ness as  to  be  unlikely  by  reason  of  interest  or  bias  fairly  to 
try  and  determine  any  particular  issue  or  any  class  of  pros- 
ecutions. This  remedy  seems  to  be  adequate,  and  far  more 
consistent  with  the  spirit  of  the  Constitution  than  the 
unprecedented  provision  proposed. 

It  will  be  observed  further  that  this  first  section  of  the 
Bill  applies  alike  to  the  composition  of  a  jury  for  the  trial  of 
civil  causes  between  parties  and  to  a  jury  for  the  trial  of 
persons  accused  of  crime.  And,  were  the  legislation  it  pro- 
poses free  from  the  objection  that  it  seems  to  endanger  the 
freedom  and  independence  of  the  jury  as  one  of  the  great 
defences  of  civil  liberty ;  were  it  relieved  of  the  objection 
that  it  may  enable  a  venal  or  an  unjust  judge  to  pack  juries 
and  oppress  the  people ;  still  it  would  be  open  to  the  objec- 
tion that  in  civil  causes  it-will  enable  a  party  having  no 
meritorious  defence,  to  embarrass  and  perplex,  if  not  defeat, 
the  plaintiff,  in  a  cause  of  substantial  merit,  by  a  vexatious 
litigation  of  the  right  of  every  man  called  as  a  juror  to  sit  in 
the  cause.  It  will  be  of  no  avail  that  he  is  possessed  of 
every  other  qualification  to  serve  as  a.  juror  and  to  decide 
justly.  The  objecting  party  may  claim  the  right  of  trying 
to  the  utmost  to  establish  a  technical  disqualification  under 
this  Bill. 

The  third  section  of  this  Bill  also  is  so  written  that  it 
does  not  seem  to  admit  of  an  intelligible  construction,  or  of 
any  practicable  application.  In  its  own  language,  it  applies 
to  "  cases  in  any  court  for  the  violation  of  any  provisions  of 


SPECIAL  MESSAGES.  4(U 

•the  eighty-sixth  chapter  0/ sections  sixth,  seventh,  eighth  or 
ninth  of  the  eighty-seventh  chapter  of  the  General  Statutes." 
Of  course  this  is  a  verbal  error  in  the  engrossment,  but  it 
nevertheless  renders  it  improper  for  me  to  sign  the  Bill  in 
its  present  draft. 

I  ask  leave  also  to  call  the  attention  of  the  Senate  to  the 
circumstance  that  the  literal  construction  of  this  section 
would  seem  to  require  "judgment  and  sentence  "  even  after 
a  verdict  of  acquittal,  or  else  a  written  motion  verified  by 
affidavit  before  the  discharge  of  the  defendant ;  thus  imped- 
ing the  clear  and  unconditional  right  of  a  man  immediately 
upon  the  return  of  such  a  verdict,  to  be  at  once  relieved 
and  set  free  from  further  prosecution  of  the .  indictment 
upon  which  a  jury  has  declared  him  to  be  not  guilty. 

I  also  call  attention  to  the  circumstance  that  this  section 
appears  to  apply  only  to  courts  in  which  verdicts  are  ren- 
dered, and  if  so,  that  it  limits  and  restrains  the  discretionary 
power  of  the  attorney-general  and  of  district  attorneys,  who 
are  sworn,  permanent,  and  responsible  officers,  and  of  the 
higher  courts  of  law,  while  at  the  same  time  it  leaves  a 
greater  liberty  to  trial  justices  and  police  courts,  and  to 
private  counsel  in  behalf  of  the  government,  who  may  by 
chance  appear  on  a  single  occasion  before  these  inferior 
tribunals.  But,  if  it  should  be  found  possible  by  some 
judicial  ingenuity  to  escape  these  objections  to  the  third  sec- 
tion, so  as  to  render  it  both  operative  and  consistent  with 
established  principles  and  common  right,  still  there  will 
remain  unremoved,  what  I  humbly  but  sincerely  conceive  to 
be  the  fundamental  errors  and  dangers,  which  in  the  first 
section  menace  the  venerable  and  precious  institution  of 
trial  l)y  jury  for  the  subject  accused  of  crime,  the  slightest 
encroachment  ui)on  which  would  be  a  general  and  perma- 
nent evil,  far  outweighing  any  temporary  advantages  which 
may  be  gained  or  hoped  to  be  gained  by  the  proposed  law 
upon  the  trial  of  any  particular  class  of  cases  by  obviating 
difficulties  supposed  to  exist  in  the  enforcement  of  any 
particular  law. 

My  education,  training,  instincts,  observation,  and  my 
matured  convictions,  alike  bid  me,  with  most  connnanding 
voice,  to  ))ause  before  incurring  any  part  of  liie  rcsponsil)ility 
of  adopting  an  enactment  which  seems  to  me  obnoxious  to 
this  grave  ul»jection.  And  I  am  thus  constrained  to  return 
tins  Bill  to  the  legislature  for  its  further  consideration,  if 
I  am  mistaken,  1  shall,  have  the  satisfaction  of  knowing  that 
I  have  erred  on  the  side  of  cautious  delil)eration,  by  invok- 
ing the  most  considerate  judgment  of  the  General  Couit 
61 


402  SPECIAL  MESSAGES. 

upon  a  subject  of  transcendent  importance  and  far-reaching 
consequences. 

[To  the  House  of  Representatives,  May  14.] 

I  am  constrained,  with  much  regret,  to  return  without 
my  signature,  a  bill  this  day  presented  to  me  for  my  revisal, 
entitled  "  An  Act  to  establish  the  Massachusetts  Bounty 
Fund  and  to  create  a  Sinking  Fund  for  its  Redemption," 
because  I  cannot  give  my  approval  to  the  following  clause  as 
to  the  mode  of  disposing  of  the  public  scrip,  providing  that 
it  "  shall  be  sold  and  disposed  of  at  public  auction  in  the 
city  of  Boston,  or  in  such  other  mode,  and  at  such  times, 
and  in  such  pieces  and  amounts  as  the  governor  and  council 
^md  a  committee  of  the  legislature,  consisting  of  the  Com- 
mittee on  the  Treasury  of  tlie  Senate,  and  the  Committee 
on  Finance  of  the  House  of  Representatives,  by  concurrent 
action,  shall  deem  expedient." 

In  tlie  Constitution  of  Massachusetts,  the  thirtieth  article 
of  the  Declaration  of  Rights  contains  the  following  words : 
"  In  the  government  of  this  Commonwealth  the  legislative 
department  shall  never  exercise  the  executive  and  judicial 
powers,  or  either  of  them ;  the  executive  shall  never  exer- 
cise the  legislative  and  judicial  powers,  or  either  of  them ; 
the  judicial  shall  never  exercise  the  legislative  and  executive 
powers,  or  either  of  them ;  to  the  end  it  may  be  a  govern- 
ment of  laws  and  not  of  men." 

In  the  frame  of  government  and  the  distribution  of  powers 
among  the  different  departments,  the  treasurer  and  receiver- 
general  is  classed  among  the  executive  officers,  and  I  sup- 
pose it  to  be  clear  that  the  administration  of  the  treasury, 
the  receiving  and  disbursing  of  the  public  moneys,  must  be 
regarded  as  duties  of  an  executive  character.  If  this  be  so, 
in  the  concurrent  action  now  proposed  between  the  governor 
and  council  and  a  committee  of  each  branch  of  the  legisla- 
ture, executive  functions  will  be  devolved  upon  these  com- 
mittees contrary  to  the  express  mandate  of  the  Constitution. 

But  if  it  be  held  that  the  creation  of  public  debt  is  a 
matter  pertaining  to  the  legislative  department,  and  that  this 
includes  the  right  to  provide  for  the  mode  of  selling  the 
scrip,  then  this  clause  of  the  statute  is  objectionable  because 
the  performance  of  this  duty  is,  under  this  bill,  to  be  shared 
between  the  legislative  committees,  and  the  governor  and 
council,  who  are  the  executive  department. 

In  other  words,  if  a  determination  of  the  mode  of  selling 
the  public  scrip  be  a  legislative  duty,  the  governor  and 
council  have  no  right  to  take  part  in  its  performance.     If  it 


SPECIAL  MESSAGES.  403 

is  an  executive  act,  it  is  one  in  which  the  legislature  cannot 
constitutionally  participate.  It  seems  to  me  that  it  must  be 
the  one  or  the  other,  and  cannot  be  regarded  as  of  a  mixed 
character,  capable  of  being  intrusted  to  the  united  action  of 
two  departments  of  the  government  which  the  express  lan- 
guage, as  well  as  the  general  scheme  and  frame  of  the  Con- 
stitution, show  were  to  be  kept  forever  separate  from  and 
independent  of  each  other. 

It  may  be  added  that  if  the  disposal  of  the  scrip  is  to  be 
regarded  as  a  legislative  duty  then  it  should  be  performed 
by  the  General  Court  itself,  and  cannot  constitutionally  be 
delegated  to  committees  of  its  members,  to  be  exercised  at 
their  discretion. 

For  these  reasons,  stated  thus  briefly  and  imperfectly, 
because  the  lateness  of  the  hour  at  which  this  Bill  has  been 
placed  in  my  hands  has  given  me  no  opportunity  to  expand 
or  illustrate  my  views,  I  feel  it  my  duty  to  withhold 
approval  from  the  Bill  in  its  present  form. 

[To  the  House  of  Representatives,  Maj'  14.] 

I  find  it  to  be  my  duty  to  return  to  your  honorable  body, 
in  which  it  originated,  a  Resolve  entitled  "  A  Resolve 
authorizing  additional  compensation  to  members  of  the 
legislature,"  with  a  statement  of  the  objections  which  have 
prevented  its  signature,  for  reconsideration  by  the  General 
Court. 

I  am  fully  sensible  of  the  extreme  delicacy  of  the  attitude 
I  am  thus  obliged  to  assume.  But  I  am  sure  that,  if  on 
reflection  and  reconsideration,  two-thirds  of  the  senators 
and  representatives  shall  fail  to  support  the  Resolve  by  their 
votes,  there  will  be  few  members  of  either  house,  of  either 
opinion,  who  will  not  agree  with  me  that  expediency  and 
sound  policy  will  be  best  consulted  by  the  failure  of  the 
Resolve.  I  think  that  few  would  desire  its  enactment  into 
a  law,  when  so  large  a  proportion  of  members,  alike'  inter- 
ested in  the  result,  could  not,  after  such  full  deliberation, 
be  brought  to  agree  with  the  majority  on  such  a  question. 

I  do  not  for  a  moment  weigh  the  intrinsic  value  to  the 
Commonwealth  of  the  services  rendered  by  its  legislators, 
against  the  price  proposed  for  their  compensation.  I  do  not 
understand  tiiat  ever  they  are  paid,  or  ever  were  expected 
to  be  rewarded,  in  the  form  of  any  pecuniary  wages,  for  the 
experience,  good  judgment,  and  intelligent  patriotism  which 
the  Commonwealth  expects  to  be  emph)yed  in  their  annual 
work  of  legislation.  •  She  claims  the  right  to  (h-aw  hither, 
eacii  year,  by  the  votes  of  ti»c  people,  a  suflicient  number  of 


404  SPECIAL  MESSAGES. 

sound  lieads  and  true  hearts  to  perform  certain  of  the 
gravest  and  most  responsible  functions  intrusted  by  organized 
civil  society  to  its  members.  The  duties  of  the  lawgiver, 
his  office,  his  powers, — all  alike, — if  well  fulfilled,  refuse  to 
be  appreciated  by  the  scales  or  measures  which  we  apply  to 
commodities  of  the  market.  The  compensation,  in  money, 
appropriated  to  the  members  of  the  General  Court,  can  be 
regarded  only  as  a. reimbursement  of  the  expenses  incurred 
by  them  in  tiieir  attendance  on  its  session.  They  do  not 
abandon  or  surrender  their  private  business,  like  officers 
whose  whole  time  is  claimed  by  their  public  duties.  And, 
unlike  jurors  and  witnesses, — who  are  compelled  to  attend 
upon  the  judicial  tribunals,  and  whose  compensation  it  is 
not  proposed  to  increase, — the  legislature  fixes  its  own 
hours,  and  even  days,  of  public  duty,  arranging  them  so  as 
to  be  reasonably  convenitgnt  to  its  members,  with  proper  and 
substantial  regard  to  the  wants  of  the  public  service. 

Having  in  view  the  experience  of  many  years  of  the  legis- 
lative history  of  Massachusetts,  a  statute  was  adopted  in  the 
year  1858, — was  re-enacted  in  the  year  1860,  and  still  exists 
as  the  law, — which  is  found  in  the  General  Statutes,  (chapter 
2,  section  13,)  expressed  in  the  following  words : — 

"  Each  member  of  the  Senate  and  House  of  Representatives  shall 
receive  three  hundred  dollars  for  the  regular  annual  session  for  which  he 
is  elected,  and  one  dollar  for  every  five  miles  travel  once  in  each  session 
from  his  place  of  abode  to  the  place  of  the  sitting  of  the  General  Court." 

With  this  law,  already  six  years  old,  standing  on  the 
statute  book,  known  and  read  of  all  men,  never  since  its 
enactment  in  one  instance  departed  from, — with  no  previous 
notice  to  the  People, — without  the  expression  by  any  previous 
legislature  of  dissatisfaction  on  account  of  the  provisions  it 
contains,— I  cannot  but  regard  the  acceptance  and  holding 
of  the  office  of  a  member  of  the  General  Court,  as  a  contract 
to  be  bound  by  the  terms  of  compensation  which  that  law 
provides.  Officers  who  do  not  participate  in  giving  the 
votes  by  which  their  salaries  are  fixed,  I  regard  as  entitled 
to  receive  additional  compensation,  if  the  legislature,  which 
is  the  arbiter  between  them  and  the  People,  shall  choose  to 
increase  it.  But  no  power  can  arbitrate  or  decide  between 
the  legislature  and  the  People  on  the  question  of  the  increase 
of  the  pay  of  members  of  the  legislature.  No  tribunal 
exists  to  correct  its  error,  if  it  shall  vote  a  larger  increase 
than  a  disinterested  tribunal,  invoked  to  consider  the  ques- 
tion, would  adjudge  as  meet  and  just.  1  think,  tlierefore, 
that  the  only  proper  remedy,  consistent  with  [irinciples  of 


SPECIAL  MESSAGES.  405 

safe  application,  and  consistent  with  the  preservation  of  the 
true  dignity  of  our  General  Court,  in  cases  where,  like  the 
present,  it  is  felt  that  accidental  circumstances  have  created 
an  equity  in  favor  of  enlarging  the  compensation  of  its 
members,  is  to  be  found  in  the  sense  of  a  succeeding  legis- 
lature. I  cannot  force  myself  to  believe,  that  those  who  are 
elected  under  a  law  establishing  their  rate  of  pay,  can  of 
themselves,  during  the  term  for  which  they  were  chosen,  add 
to  the  amount  of  that  rate  of  compensation  fixed  by  the  law, 
for  tiie  performance  of  the  very  duties  for  wliich  they  were 
chosen  and  which  they  had  undertaken  to  perform. 

I  know  that  the  mere  power  to  do  so  may  exist.  But  is 
it  a  power  coupled  with  a  riglit  ?  Is  it  any  more  than  the 
power  |)0ssessed  by  a  judge  or  a  juror  to  decide  erroneously  ? 
Is  it  not  an  undertaking,  (in  spite  of  a  law  which,  in  con- 
nection with  the  circumstance  of  accepting  the  place  of  a 
member,  is  evidence  of  a  contract)  by  the  use  of  a  legisla- 
tive power,  to  become  a  judge  in  one's  own  cause,  and  to 
enforce  the  judgment ;  and  which  would  be  violative  of  a 
fundamental  principle,  not  less  cherished  by  every  member 
of  your  honorable  body  than  it  is  by  myself. 

I  return  this  Resolve,  therefore,  but  with  diffidence,  great 
regret  and  unwillingness.  I  fear  that  it  is  among  the  possible 
accidents  of  legislation,  tliat  the  former  existence  of  the 
rightful  power  possessed  by  the  General  Court,  before  the 
passage  of  the  Act  of  1858,  to  fix  the  pay  of  its  members,  is 
confounded  with  the  power  which,  when  interpreted  in  the 
light  of  principle,  must  be  deemed  modified  by  the  law 
I  have  alluded  to. 

It  is  a  matter  of  profound  regret  to  myself  personally 
that  this  Resolve  reached  me  only  during  the  morning  of 
this  very  day,  while  I  was  surrounded  with  numerous  otlier 
results  of  legislative  labor,  all  requiring  my  careful  examina- 
tion, lam,  therefore,  obliged  to  present  my  reasons  for 
omitting  to  sign  the  Resolve  which  accompanies  this  mes- 
sage, without  any  sufficient  time  for  their  appropriate  elabo- 
ration ;  or  else  to  detain  the  General  Court  in  session  until 
the  coming  week.  I  have  preferred  to  sacrifice  my  own 
need  for  time  to  the  convenience  of  the  General  Court. 

Had  this  Resolve  taken  tiie  form  of  a  bill,  prospective  in 
its  operation,  for  an  increase  of  the  compensation  of  the 
General  Court,  1  should  have  signed  such  a  bill  witli  cheerful 
alacrity. 


406 


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February 
August  11 
Septembei 
December 

THE 

CIVIL    GOVERNMENT 

OF  THE 

Comntontoealtlj  of  Passatjjusdts, 

AND    OFFICERS    IMMEDIATELY    CONNECTED   THEREWITH, 
FOR  THE  POLITICAL   YEAR 

1864. 


EXECUTIVE     DEPARTMENT 


HIS     EXCELLENCY 

JOH]^      A.     AJSTDREW, 

GOVERNOK. 
ALBERT  G.  BROWNE,  Je.,  Private  Secretary. 


HIS     HONOR 


JOEL      HATDEI^ 

LIEUTENANT-GOVERNOE. 


COUNCIL  — (By    Districts.) 


I.— NEHEMIAH  BOYNTON. 
II.— EBEN  S.  POOR. 
Ill— JAMES  M.  SHUTE. 
IV.-HARTLEY  WILLIAMS. 


v.— ZENAS  M.  CRANE. 
VI.— JONATHAN  D.  WHEELER. 
VII.— FRANCIS  W.  BIRD. 
VIIL-SAMDEL  OSBORNE,  Jk. 


OLIVER      WAR]SrER, 

Secretaky  of  the  Commonwealth. 
CHARLES  W.  LOVETT,  1st  Qerk.        ALBERT  L.  FERNALD,  2d  Gerk. 

HEl^RY     K.     OLIVER, 

Treasurer  and  Receiver-General. 
DANIEL  H.  ROGERS,  1st  Clerk.        ARTEMAS  HARMON,  2d  Clerk. 

DWIGHT     FOSTER, 

Attorney-General. 
GEORGE  W.  BALDWIN,  Qerh. 


LEVI      REED 

Auditor  of  Accounts. 
JULIUS  L.  CLARKE,  Clerk. 


GENERAL    COURT: 

Arranged  in  Accordance  with  the  District  System  of  1857. 


SENATE. 


President— J  O-S  AT  HAS    E.    FIELD. 


District. 

Name  of  Senator, 

Residence. 

First  Suffolk, 

Mellen  Chamberlain, 

Chelsea. 

Second    " 

Martin  Griffin,    . 

Boston. 

Third       " 

Martin  Brimmer, 

" 

Fourth     " 

Charles  R.  Codman, 

." 

Fifth        "          .        . 

George  F.  Williams, 

" 

First  Essex, 

Darwin  E.  Ware, 

Marblehead. 

Second  " 

Israel  W.  Andrews, 

Danvers. 

Third     " 

Thomas  Wright, . 

Lawrence. 

Fourth   " 

Henry  Carter,     . 

Bradford. 

Fifth      " 

John  I.  Baker,    . 

Beverly. 

First  Middlesex, . 

Francis  Childs,    . 

Charlestown. 

Second      " 

Joseph  Crafts,      . 

Watertown. 

Third 

Thomas  Rice,  Jr., 

Newton. 

Fourth       " 

George  Heywood, 

Concord. 

Fifth 

Oliver  R.  Clark, . 

Winchester. 

Sixth          " 

Samuel  A.  Brown, 

Lowell. 

Central  Worcester,     . 

"E.  B.  Stoddard,  . 

Worcester. 

53 


418 


SENATE. 


District. 

Name  of  Senator. 

South-East  Worcester, 

Winslow  Battles, 

Mllford. 

South-West       " 

John  D.  Cogswell, 

Leicester. 

West 

George  Whitney, 

Royalston. 

North-East 

Solon  S.  Hastings, 

Princeton. 

East                   " 

William  Bassett, . 

Berlin. 

Hampsbire, 

Lewis  J.  Dudley, 

Northampton. 

Franklin,    . 

William  H.  Sanborn,  . 

Greenfield. 

Hampshire  &  Franklin, 

Admiral  A.  Ward,       . 

Orange. 

West  Hampden, . 

William  B.  C.  Pearsons,      . 

Holyoke. 

East 

Thomas  L.  Chapman, . 

Longmeadow. 

North  Berkshire, 

Edwin  F.  Jenks, 

Adams. 

South 

Jonathan  E.  Field,      . 

Stockbridge. 

North  Norfolk,    . 

George  Frost, 

Roxbury. 

East          " 

Samuel  Babcoek, 

Milton. 

West 

Otis  Gary,  .... 

Foxborough. 

North  Bristol,      . 

John  E.  Sanford, 

Taunton. 

South       " 

Robert  C.  Pitman, 

New  Bedford. 

West        " 

Walter  D.  Nichols,      . 

Berkley. 

North  Plymouth, 

H.  N.  Gardner,  . 

South  Scituate. 

South 

Henry  Barstow,  . 

Mattapoisett. 

Middle       " 

Jacob  H.  Loud,  . 

Plymouth. 

Cape, 

Freeman  Cobb,  . 

Brewster. 

Island, 

Nathan  Crocker, 

Barnstable. 

STEPHEN  N.  GIFFORD,  Clerk.  A.  A.  MINER,  Chaplain. 

JOHN  MORISSEY,  SergeanUat-Arm&. 


HOUSE    OF    REPRESENTATIVES 


sweater— ALEXANDER  H.  BULLOCK. 


COUNTY  OF  SUFFOLK. 


Name  of  Representative. 


1st, 

2d, 

3d, 
4th, 
5th, 
6th, 
7th, 
8th, 
9th, 
10th, 
11th, 

12th, 


Ward    1,  Boston, 

Ward    2,  Boston, 

Ward  3,  Boston, 
Ward  4,  Boston, 
Ward  5,  Boston, 
Ward  6,  Boston, 
Ward  7,  Boston, 
Ward  8,  Boston, 
Ward  9,  Boston, 
Ward  10,  Boston, 
Ward  11,  Boston, 

Ward  12,  Boston, 


Eneas  Smyth,  . 
John  Dacey, 

Georore  T.  Sampson, 
Richard  Beeching, 
Frederick  Pease, 

Edward  Riley,  . 
John  Glancy,     . 

Augustus  O.  Allen, 
John  Brown, 

John  Bigelow,  . 
Augustine  G.  Stimson 

Harrison  Ritchie, 
George  P.  Clapp, 

Charles  J.  McCarthy 
Henry  W.  Foley, 

John  S.  Tyler,  . 
Eben  Cutler, 

Charles  Nowell, 
Daniel  N.  Spooner, 

Moses  Kimball,  . 
Joseph  T.  Bailey, 

Ambrose  A.  Ranney, 
Jonathan  A.  Lane, 

Edwin  Briggs,  . 
Henry  Souther, 
Lewis  C.  Whiton, 


Boston. 
Boston. 

Boston. 
Boston. 
Boston. 
Boston. 
Boston. 
Boston. 
Boston. 
Boston. 


Boston. 


420 


HOUSE  OF  REPRESENTATIVES. 
COUNTY  OF  SUFFOLK— Concluded. 


District. 

Town  or  Ward. 

Name  of  Eepresentative. 

Kesidence. 

13th, 

(Chelsea,    .        .         .) 
4  North  Chelsea,         .  )- 
I  Winthrop,         .         . ) 

Ira  Cheever, 
Edward  Otheman,     . 

Chelsea. 

COUNTY  OF  ESSEX. 

Ist, 

2d, 

3d, 

4th, 
5th, 

6th, 

7th, 

8th, 

9th, 

10th, 

11th, 
12th, 
13th, 

14th, 


f  Amesbury, 


,  Salisbury,  .  . 

j  Ward    6,   Newbury-  j 
L     port,      .         .         .J 

Andover, . 


(Beverly,  . 

■}  Wenham, 
(  Topsfield, 

Danvers,  . 

(  Essex, 

(  Manchester, 

(  Georgetown, 
\  Groveland, 


Gloucester, 
Haverhill, 


:| 


■{ 


^  Ipswich,    . 
(  Hamilton, 

(  Wards  3  and  4,  Law- 
I      rence,  . 

("Wards  1,   2,  and  6, 
(      Lawrence,     . 

Wards  2  and  5,  Lynn, 

(  Wards   1,  6,  and  7, , 
[      Lynn,   .         .         .  ; 

(  Marblehead,  &  Ward 
I      5,  Salem, 


James  D.  Pike,  . 
Aaron  Morrill,  Jr.,    . 


George  Foster,  . 


Benjamin  D.  Grant,  . 
Nathaniel  Conant,     . 


Charles  P.  Preston,    . 
Nehemiah  Burnham, , 

Charles  Beecher, 


Benjamin  H.  Smith,  . 
Charles  Fitz, 

Francis  J.  Stevens,    . 
Charles  G.  Burnham, 


William  Heard, 

Thomas  A.  Parsons,  . 

Lemuel  A.  Bishop,  . 
Stephen  N.Richardson, 
John  F.  Brown, 


Charles  W.  Palfray,  . 
George  W.  Patch, 


Amesbury. 
Salisbury. 


Andover. 

Beverly. 
Topsfield. 

Danvers. 

Essex. 

Georgetown. 
Gloucester. 

Haverhill. 

Ipswich. 

Lawrence. 

Lawrence. 

Lynn. 

Lynn. 

Salem. 
Marblehead. 


HOUSE  OF  REPRESENTATIVES. 
COUNTY  OF  ESSEX— Concluded. 


421 


District. 


Town  or  Ward. 


Name  of  Representative. 


15th, 
16th, 

17th, 

18th, 
19th, 

20th, 

21st, 
22d, 

23d, 

24th, 

25th, 
26t^, 


(  Methuen,  and  Ward  > 
(      5,  Lawrence,         .  | 

(  Nahant,   and    Ward  > 
\      4,  Lynn,        .         .  j 

C  Newbury, 

-i  AVest  Newbury, 

(  Rowley,    . 

5  Wards  1  and  2,  New-  ) 
I      buryport,       .         .  ) 

j  Wards  3,  4,  and  5, ) 
I      Newburyport,        . ) 

(  Bradford, 

<  North  Andover, 

(  Boxford, 

Rockport, 

Wards  1  &  3,  Salem, 

(  Wards   2,  4,  and  6, 
I     Salem, 

JSaugus,  . 
Lynnfield, 
Middleton, 

South  Danvers, 

(  Swampscott,  &  Ward 
I      3,  Lynn, 


Jacob  Emerson,  Jr.,  . 
Simon  J.  Roney, 

Eben  P.  Stanwood,    . 

George  Goodwin, 
Albert  W.  Stevens,   , 

Jefferson  Kimball, 

Austin  W.  Story, 

Thomas  H.  Prime,     , 

Nathaniel  J.  Ilolden, 
George  F.  Brown, 

Charles  W.  Newhall, 

William  IL  Little, 
John  C.  Stimpson, 


Methuen. 
Lynn. 

West  Newbury. 

Newburyport. 
Newburyport. 

Boxford. 

Rockport. 

Salem. 

Salem. 

Saugus. 

South  Danvers. 
Swampscott. 


COUNTY  OF  MIDDLESEX. 


1st, 

2d, 

3d, 
4th, 


Ward  1,  Charlestown, 

Wards  2  &  3,  Charles- j 
town,     .         .         .  1 

Somerville, 
Maiden,    . 


Horatio  Wellington,  . 

James  M.  Stone, 
George  S.  Pendergast, 
Moses  B.  Sewall, 

Charles  Powers, 

George  W.  Copeland, 


Charlestown. 

Charlestown. 


Somerville. 
Maiden. 


422 


HOUSE  OF  REPRESENTATIVES. 

COUNTY  OF  MIDDLESEX— Continued. 


District. 

Town  or  City. 

Name  of  Representative. 

Residence. 

5th, 

Medford,  . 

John  Stetson,     . 

Medford. 

6th,* 

(  West  Cambridge, 
I  Winchester, 

:1 

Samuel  Butterfield,    . 

W.  Cambridge. 

7th, 

Cambridge, 

■1 

Charles  Beck,    . 

J.  Warren  Merrill,     . 

Lorenzo  Marrett, 

Cambridge. 

8th, 

(  Newton,  . 
(  Brighton, 

;| 

Marshall  S.  Rice, 
John  S.  Farlow, 

Newton. 

9th,* 

<i  AVatertown, 
1  Waltham, 

F.  M.  Stone,      . 
John  K.  Stickney, 

Waltham. 
Watertown. 

10th, 

(  Concord,  . 
}  Lincoln,    . 
(Weston,    . 

;l 

Alpheus  Morse, . 

Weston. 

11th, 

Natick,     . 

Willard  Drury,  . 

Natick. 

12th, 

(  Holliston, . 
I  Sherborn, 

;( 

Henry  Bullard, 

Holliston. 

13th, 

(  Ashland,  . 
(  Hopkinton, 

:i 

N.  P.  Coburn,    . 

Hopkinton. 

14th, 

Framingham,    . 

James  AV.  Clark,        . 

Framingham. 

15th, 

Marlborough,    . 

Samuel  Boyd,    . 

Marlborough. 

16th, 

(  Stow, 

}  Sudbury, . 

(  Wayland, 

ii 

Erastus  Dickinson,     . 

Sudbury. 

• 

17th, 

f  Acton, 

j  Boxborough,     . 
"^  Littleton, . 
1^  Carlisle,    . 

:  - 

Aaron  C.  Handley,    . 

Acton. 

18th, 

(  Burlington, 
]  Bedford,  . 
(  Lexington, 

William  Wlun,  . 

Burlington. 

19th, 

Woburn,  . 

Charles  S.  Converse, . 

Woburn. 

20th, 

C  South  Reading, 
-]  Melrose,  . 
(  Stoneham, 

■■I 

Daniel  Allen,     . 
Isaac  Emerson,  . 

South  Reading. 
Melrose. 

*  Town  of  Belmont  incorporated  1359,  embracing  portions  of  Districts  6  and  9. 


HOUSE  OF  REPRESENTATIVES. 
COUNTY  OF  MIDDLESEX- Concluded. 


423 


Town  or  Ward. 


21st, 
22d, 

23d, 

24th, 

25th, 

26th, 
27th, 


(  Readinn;,  . 
I  North  Readinc 

!  Wilmington, 
Tewksbury, 
Bllierica,  . 

(Wards   1,  2,  and  5 
I     Lowell, 


J  Wards  3,    4,  and 
(      Lowell, 


5  Chelmsford, 
Dracut,     . 
Tyngsborough, 

f  Shirley,     . 
I  Groton,     . 

I  Dunstable, 
Westford, 
Pepperell, 

(  Townsend, 
I  Ashby,     . 


^1 


Name  of  Repre3entative. 


Charles  A.  Foster, 


Jonathan  Carter,  2d, 


Jacob  Rogers,    . 
Lorenzo  G.  Howe,     . 
Frederic  Holton, 

Tappan  Wentworth,  . 
George  W.  Partridge, 
Joshua  N.  Marshall,  . 


Solomon  E.  Byam, 


George  S.  Gates, 
George  T.  Day, 


Paul  Gates,  .    . 


North  Reading. 

Wilmington. 
Lowell. 

Lowell. 

u 

Chelmsford. 


Groton. 
Westford. 


Ashby. 


COUNTY  OF  WORCESTER. 


1st, 

(  Ashburnham,    . 
1  Winchendon,    . 

} 

Giles  H.  Whitney,     . 

Winchendon. 

2d, 

5  Athol,       . 
(  Royalston, 

} 

EbenezerW.Bullard, 

Royalston. 

3d, 

( Dana,       . 

4  Pelersham, 
(  Phillipston, 

1 

Allen  Goodman, 

Dana. 

4th, 

(  Templeton, 

1  Ilubbardston,   . 

[ 

William  Bennett, 

Ilubbardston. 

5th, 

j  Gardner,  . 

1  Westminster,    . 

} 

Allen  Folger,     . 

Gardner. 

424 


HOUSE  OF  REPRESENTATIVES. 
COUNTY   OF  WORCESTER— Continued. 


District. 

Town. 

Name  of  Representative. 

Residence. 

6th, 

f  Fitehburg,         .         .■] 
j  Leominster,       .         .  ! 
]  Sterling,   .         .          .  ( 
l_  Lunenburg,       .         .J 

John  W.  Kimball,      . 
William  H.  Vose,       . 
Joel  A.  Stratton,  .     . 

Fitehburg. 
Leominster. 

7th, 

(  Harvard,  .         .         . ) 

J  Bolton,     .         .         A 
(Berlin,      .         .         .) 

Marcellus  Houghton, . 

Bolton. 

8th, 

(  Clinton,    .         .         .  > 
)  Lancaster,         .         . ) 

Franklin  Forbes, 

Clinton. 

9th, 

(Princeton,         .         .^ 
^  Rutland,  .         .         .  V 
(Oakham,.        .         .) 

James  Packard, 

Oakham. 

10th, 

(Barre,       .         .        .) 
1  Hardwick,         .         . ; 

Albert  E.  Knight,      . 

Hardwick. 

11th, 

(Warren,   .         .         .) 

]  West  Brookfield,       .  i 
(  New  Braintree,         . ) 

John  M.  Fales,  . 

W.  Brookfield. 

12th, 

(  North  Brookfield,      .  ) 
}  Brookfield,        .         . ; 

Edward  J.  Russell,    . 

N.  Brookfield. 

13th, 

(  Leicester,          .         . ") 
1  Spencer,  .         .         .  | 

Josephus  Woodcock, . 

Leicester. 

14th, 

(West  Boylston,         .) 
.)Holden,    .         .         .{■ 
(Paxton,    .         .        .) 

Nathan  Howe,  . 

Holden. 

15th, 

{  Shrewsbury,      .         .  1 
■)  Northborough,  .         ,  >- 
(Boylston,.         .        .) 

Joseph  Allen,     . 

Northborough. 

16th, 

5  Westborough,   .         .> 
1  Southborough,  .         .  ) 

Curtis  Newton,  . 

Southborough. 

17th, 

Grafton,    .         .         . 

Joseph  M.  Rockwood, 

Grafton. 

18th, 

( Northbridge,     . 
1  Upton, 

George  S.  Ball,. 

Upton. 

19th, 

Milford,    .         .         .| 

A.  A.  Cook,       . 
James  R.  Davis, 

Milford. 

20th, 

5  Uxbridge,          .         .  I 
I  Mendon,  .         .         .  ) 

Scott  Seagrave, 

Uxbridge. 

HOUSE  OF  REPRESENTATIVES. 

COUNTY  OF  WORCESTER— Concluded. 


425 


District. 

Town  or  Ward. 

Name  of  Representative. 

Residence. 

21st, 

Blackstone, 

James  K.  Comstock,  . 

Blackstone. 

22d, 

5  Webster,  .         .         .  ) 
1  Douglas,   .         .         .; 

Charles  Hutchins, 

Douglas. 

23d, 

Southbridge,     .         . ) 
'Dudley,    .         .         .; 

Warren  Goodell, 

Dudley. 

24th, 

^  Charlton, .         •         •  | 
I  Sturbridge,       .         .  | 

Henry  Clarke,  . 

Charlton. 

25th, 

(Oxford,    .         .         .) 

■{  Sutton,      .         .         .}■ 
(Millbury,.         .         .) 

Leonard  Spaulding,  . 
Jason  Waters,    . 

Millbury. 
Sutton. 

[26th, 

(  Auburn,   and   Ward  ) 
I      6,  Worcester,         .  \ 

Edwin  Draper,  . 

Worcester. 

27th, 

j  Wards  1  and  2,  Wor-  ) 
I     cester,  .         .         .  ]" 

T.  W.  Wellington,     . 

Worcester. 

28th, 

(  Wards  3  and  8,  Wor- } 
I      cester,  .         .         .\ 

Warren  Williams,      . 

Worcester. 

29th, 

5  Wards  4  and  5,  Wor- 
(      cester,  . 

George  A.  Brown,     . 

Worcester, 

30th, 

Ward  7,  Worcester, . 

Alexand'r  H.Bullock, 

Worcester. 

COUNTY  OF  HAMPSHIRE. 


1st, 


2d, 


3d, 


4th, 


f  Easthampton, 
i  Hatfield,  . 
I  Northampton, 
l_  Southampton, 

r  Chesterfield, 
J  Huntington, 
)  ^Vesthampton, 
[_  Williamsburg, 

C  Cummington, 
I  Goshen,    . 
■>  Middlefield, 

Plainfield, 
[  Worthington, 

(Hadley,    .    ■ 
I  South  Hadley, 


Erastus  Hopkins, 
Edson  Hannum, 


Charles  H.  Kirkland, 


John  H.  Bisbee, 


Horace  S.  Dickinson, 


Northampton. 
Southampton. 


Huntington. 


Worthington. 


Hadley. 


64 


426 


HOUSE  OF  REPRESENTATIVES. 
COUNTY  OF  HAMPSHIRE— Concluded. 


District. 

Town  or  Ward. 

Name  of  Representative. 

Residence. 

( Amherst,  .         .        .•) 

5th, 

^Granbv,    •         .         S 
( Pelham,    .         .         .) 

f  Belchertown,    .         . ") 

William  S.  Clark,      . 

Amherst. 

6th, 

Enfield,    . 
-   Greenwich,       .         .  >- 
Prescott,  . 
.Ware,       .         .         J 

Edward  A.  Thomas,  . 
Luther  Chapin, . 

Prescott. 
Ware. 

COUNTY  OF  HAMPDEN. 


Ist, 

2d, 
3d, 

4th, 

5&, 

6th, 

7th, 

8th, 

9th, 
10th, 

11th, 


f  Brimfield, 
J  Mon.son,  . 
i  Holland,  . 
1,  Wales,      . 

Palmer,    . 

(  Wilbraham, 
I  Longmeadow,  . 

C  Wards  1  &  2,  Spring- 
i      field,      .         .         . 

(  Wards  3  &  4,  Spring- 
I      field,     . 

5  Wards  5,  6,  7  and  8, 
(      Springfield,  . 

(  Chicopee, 
l  Ludlow,    . 

^  Holyoke,  . 

I  West  Springfield, 

SAgawam, 
Southwick, 
Granville, 

Westfield, 

f  Chester,  . 
I  Biandtbrd, 
-{  Tolland,   . 

Montgomery,    . 
[_  Itusseli,     . 


:1 


Timothy  F.  Packard, . 

Jacob  Stever,    . 
Walter  Hitchcock,     . 

Warren  C.  Sturtevant, 

Daniel  L.  Harris, 

Titus  Amadon,  . 

Moses  W.  Chapin, 
Lafayette  Temple, 

Nathan  Loomis, 

John  Boyle, 
Thomas  Kneil,  . 

Roland  Parks,    . 


Monson. 

Palmer. 
Wilbraham. 

Springfield. 

Springfield. 

Springfield. 
Chicopee. 

W.  Springfield. 

Southwick. 
Westfield. 

Russell. 


HOUSE  OF  REPRESENTATIVES. 
COUNTY  OF  FRANKLIN. 


427 


1st, 


2d, 


3d, 


4th, 


5th, 


6th, 


7th, 


f  Bernardston, 
I  Colrain,    . 
J  Greenfield, 
1  Gill, 
I  Leyden,    . 
1^  Shelburne, 

("Buckland, 
I  Charlemont, 
■I  Heath,      . 
j  Monroe,    . 
1^  Rowe, 

rAshfield  . 
-I  Conway,  . 
( Hawley,    . 

(  Deerfield, 
I  Whately,  . 

f  Leverett, . 
j  Shutesbury, 
I  Sunderland, 
t  Wendell, . 

( Erving,  . 
<  Montague, 
(  Northfield, 

5  New  Salem, 
Orange,    . 
Warwick, 


Name  of  Representative. 


Alnaon  Newcomb, 
Otis  J.  Davenport,     . 


Leonard  B.  Rice, 

Chauncey  Boice, 
Chris.  A.  Stebbins,     . 

George  Colesworthy, . 

Lucien  H.  Stone, 
Andrew  J.  Clark, 


Bernardston. 
Colrain. 


Charlemont. 

Ashfield. 
Deerfield. 

Shutesbury. 

Montague. 
Orange. 


COUNTY  OF  BERKSHIRE. 


f  Hancock, 

^ 

1st, 

J  Lanesborough, . 
^  New  Ashford,   . 
LWilliamstown,  . 

r  Adams,     . 

•j 

Daniel  Dewey, . 

Williamstown. 

2d, 

Cheshire,  . 
<  Clarksburjf, 

Florida,    ?       .. 
i_  Savoy, 

Sylvander  .Johnson,  . 
Abel  Wetherbee,        . 

Adams. 

428 


HOUSE  OF  REPRESENTATIVES. 
COUNTY    OF  BERKSHIRE— Concluded. 


3d, 


4th, 


5th, 


6th, 


7th, 


8th, 


9th, 


Town  or  City. 


(  Pittsfield, 
-^  Dalton,  . 
(Richmond, 

rBecket,     . 
I  Hinsdale, . 
■I  Peru, 
j  Washington, 
(_  Windsor,  . 

!  Lenox, 
Stockbridge, 
West  Stockbridge, 

(  Lee,  . 

l  Tyringham, 

5  Great  Barrington, 
Alford,      . 
Monterey, 

(  New  Marlborough, 
-;  Sandisfield, 
(  Otis, 

^Sheffield,.     _   . 
-!  Mount  Washington, 
(  Egremont, 


Name  of  Representative. 


Henry  Stearns, 
Selden  Jennings, 


Milton  Barnes,  . 

Charles  W.  Kniffin,  . 
John  M.  Garfield,  . 
Rensselaer  N.  Couch, 

Grove  Gaylord, 

Horace  W.  Lamson,  . 


Pittsfield. 
Richmond. 


Becket, 


W.  Stockbridge. 

Tyringham. 

Monterey. 

New  Marlboro'. 

Mt.Washinsrton. 


COUNTY  OF  NORFOLK. 


1st, 

Dedham,  . 

EzraW.  Taft,   . 

Dedham. 

2d, 

West  Roxbury, 

Anson  Dexter,  . 

West  Roxbury. 

3d, 

Brookline, 

James  Bartlett,  . 

Brookline. 

4th, 

Roxbury, .         .         .} 

Theodore  Otis,  . 
Samuel  Little,    , 
George  H.  Monroe,   . 

Roxbury. 

5th, 

Dorchester,       .         .  j 

Henry  A.  Scudder,    . 
Robert  Johnson, 

Dorchester. 

1' 

6th, 

Quincy,    . 

Henry  Barker,  . 

Quincy. 

7th, 

Braintree, 

Edwin  S.  Bradford,   . 

Braintree. 

HOUSE  OF  REPRESENTATIVES. 
COUNTY  OF  NORFOLK— Concluded. 


429 


District. 

Town  or  Cit3'. 

Same  of  Representative. 

Residence. 

8th, 

Weymouth, 

■\ 

John  P.  Lovell, 
John  Blancbard,  Jr.,  . 

Weymouth. 

9th, 

Randolph, 

Richard  Stephens,     . 

Randolph. 

10th, 

Stoughton, 

Albert  Dickerman,     . 

Stoughton. 

,11th, 

f  Canton,    . 

I  Milto*n,      . 
i  Walpole,  . 
l_  Sharon,     . 

•1 

■1- 

■J 

Oliver  S.  Chapman,  . 
Naaman  B.  Wihuarth, 

Canton. 
Walpole. 

12th, 

( Foxborough,     . 
-|  Wrentham, 
(Medway,  . 

:I 

Robert  W.  Kerr, 
William  Daniels, 

Foxborough. 
Medway. 

13th, 

(  Franklin, . 
i  Bellingham, 

■\ 

George  N.  Townsend, 

Bellingham. 

14th, 

(  Needham, 
4  Medfield,  . 
(  Dover, 

Galen  Orr, 

Needham. 

COUNTY  OF  BRISTQL. 


1st, 
2d, 

;jd, 

4th, 
5th, 
6th, 
7th, 


(  Pawtucket, 
\  Attleborough, 

5  Mansfield, 
( Norton,     . 

S  Easton,     . 
I  Raynham, 


Taunton, 


{  Rehoboth, 
\  Seekonk,  . 

Dighton,    . 
Somerset, 
Swanzey, . 

Fall  River, 


Handel  N.  Daggett, 
Mina  B.  Daggett, 


Jacob  Ide,  Jr.,   . 


Henry  II.  Crane, 


Zacheus  Slierman, 
Thomas  J.  Lothrop, 
James  Brown,    . 


Joseph  Brown, 


William  Wood, 


Nathaniel  B.  Borden, 
Andrew  D.  Bullock,  . 


Attleborough. 

Mansfield. 

Raynham. 
Taunton. 

u 

Seekonk. 

Dighton. 
Fall  River. 


430 


HOUSE  OF  REPRESENTATIVES. 

COUNTY  OF  BRISTOL-Concluded. 


8th, 
9th, 

10th, 
11th, 

12th, 


Town  or  Ward. 


Westport, 

Dartmouth, 

^  Wards  1  and  2,  New 
(      Bedford, 

j  Wards  3,  4,  5,  and  6, 
(      New  Bedford, 


[  Acushnet, 
J  Berkley,  . 
j  Freetown, 
l^Fairhaven, 


Name  of  Representative. 


Ezra  P.  Brownell, 

Calvin  K.  Turner,  2d, 

Charles  Almy,   . 
Horatio  A.  Kempton, 

Nathaniel  Gilbert, 
Wright  Brownell, 
Charles  T.  Bonney,    . 


Wm.  H.  Washburn, 
Ezekiel  Sawin, 


Residence. 


Westport. 
Dartmouth. 
New  Bedford. 

New  Bedford. 


Acushnet. 
Fairhaven. 


COUNTY  OF  PLYMOUTH. 


1st, 

(Hull, 

}  Cohasset, . 

(  Scituate,  . 

J 

Abel  Sylvester, 

Scituate. 

2d, 

Hingham, 

Crocker  Wilder, 

Hinghara. 

3d, 

(  South  Scituate, 
1  Hanover, . 

} 

Samuel  Tolman,  Jr.,  . 

South  Scituate. 

4th, 

5  Marshfield, 
(  Pembroke, 

} 

Andrew  T.  Magoun, . 

Marshfield. 

5th, 

(  Duxbury, 
I  Kingston, 

} 

Augustus  Weston, 

Duxbury. 

6th, 

<f  Plymouth, 
1  Carver,     . 

Thomas  Pierce, . 
S.  F.  Jenkins,    . 

Plymouth. 
Carver. 

7th, 

5  Wareham, 
I  Marion,    . 

} 

Benjamin  F.  Gibbs,  . 

Wareham. 

8th, 

(Mattapoisett,     . 
■I  Rochester, 
(  LakeviUe, 

\ 

Abner  Harlow,  . 

Mattapoisett. 

9th, 

Middleborough, 

George  Soule,    . 

Middleborough. 

10th, 

5  Bridge  water,     . 
}  West  Bridgewater, 

I 

Joseph  E.  Carver, 

Bridgewater. 

11th, 

(  East  Bridgewater, 
(  North  Bridgewater, 

James  S.  Allen, 
Jonathan  White, 

E.  Bridgewater. 
N.  Bridgewater. 

HOUSE  OF  REPRESENTATIVES. 
COUNTY  OF  PLYMOUTH-Concluded. 


District. 

Town. 

Name  of  Representative. 

Residence. 

12th, 
13th, 

Abington,  .        .         .  ■] 

( Hanson,    .         .         . ) 
^Halifax,    .         .         S 
(Plympton,          .         .) 

Horace  Reed,     . 
Ezekiel  R.  Studley,    . 

Charles  H.  Perkins,   . 

Abington. 
Plympton. 

COUNTY  OF  BARNSTABLE. 


1st, 

(  Barnstable, 
<  Sandwich, 
(  Falmouth, 

Charles  Marston, 
Elisha  G.  Burgess,      . 
Ezra  P.  Pope,    . 

Barnstable. 

Falmouth. 

Sandwich. 

2d, 

f  Yarmouth,         .         ."j 
j  Dennis,     .         .         .  ! 
i  Harwich,  .         .         .  r 
l,^ Chatham, .         .         .J 

Marshal  S.Underwood, 
Isaac  B.  Young, 
David  G.  Eldndge,    . 

Dennis. 

Chatham. 

Yarmouth. 

3d, 

(  Brewster, .         .         .  ) 
}  Orleans,    .         .         S 
I  Eastham,  .         .         . ) 

Sylvanus  Smith, 

Eastham. 

4th, 

(  Wellfleet, .         .         . ) 
J  Truro,       .          .          S 
(Provincetown,  .         .) 

David  Wiley,  '  . 
Henry  Shortle,  . 

Wellfleet. 
Provincetown. 

DUKES  COUNTY. 


One. 


Edffartown, 
Tisbury,    . 
Chilmark, 


Wm.  H.  Sturtevant,  . 


Tisbury. 


431 


COUNTY  OF  NANTUCKET. 


One. 


Nantucket, 


Elisha  Smith,     . 
Reuben  P.  Folger, 


Nantucket. 


WILLIAM  S.  ROBINSON,  Clerk. 
DAVID  BREMNER,  Chaplain. 


JOHN  MORISSEY,  Sergeant-at-Arms. 
JAMES  H.  ALLEN,  Do(yr-heeper. 


JUDICIAL     DEPARTMENT 


SUPREME  JUDICIAL  COURT. 

CHIEF    JUSTICE. 

GEORGE  T.  BIGELOW,  of  Boston. 

ASSOCIATE    JUSTICES. 

CHARLES  A.  DEWEY,  of  Northampton. 
THERON  METCALF,  of  Boston. 
PLINY  MERRICK,  of  Boston. 
EBENEZER  R.  HOAR,  of  Concord 
REUJ5EN  A.  CHAPMAN,  of  Springfield. 


SUPERIOR     COURT. 

CHIEF   JUSTICE. 

CHAJILES  ALLEN,  of  Worcester. 

ASSOCIATE     JUSTICES. 

JULIUS  ROCKWELL,  of  Pittsfield. 
OTIS  P.  LORD,  of  Salem. 
MARCUS  MORTON,  Jr.,  of  Andover. 
EZRA  WILKINSON,  of  Dedham. 
HENRY  VOSE,  of  Bosloji. 
SETH  AMES,  of  Cambridge. 
THOMAS  RUSSELL,  of  Boston. 
JOHN  P.  PUTNAM,  of  Boston. 
LINCOLN  F.  BRIGHAM,  of  New  Bedford. 


JUDICIAL  DEPARTMENT. 


433 


JUDGES  OF  PROBATE  AND  INSOLVENCY. 

ISAAC  AMES,  Boston, Suffolk. 

GEORGE  F.  CHOATE,  Salem, Essex. 

WILLIAM  A.  RICHARDSON,  Cambridge,  .        .        .        .  Middlesex. 

HENRY  CHAPIN,  Worcester, Wokcester. 

SAMUEL  F.  LYMAN,  Northampton, Hampshire. 

JOHN  WELLS,  Chicopee, Hampden. 

CHARLES  MATTOON,  Greenfield, Franklin. 

JAMES  T.  ROBINSON,  North  Adams,         ....  Berkshire. 

GEORGE  WHITE,  Needham Norfolk. 

WILLIAM  H.  WOOD,  Middleborough,         ....  Plymouth. 

EDMUND  H.  BENNETT,  Taunton, Bristol. 

JOSEPH  M.  DAY,  Barnstable, Barnstable. 

THEODORE  G.  MAYHEW,  Edgartown,       ....  Dukes. 

EDWARD  M.  GARDNER,  Nantucket, Nantucket. 


DISTRICT-ATTORNEYS. 


GEORGE  P.  SANGER,  Boston,      . 
ISAAC  S.  MORSE,  Cambridge,      .        ."      . 
ALFRED  A.  ABBOTT,  South  Danvers, 
BENJAMIN  W.  HARRIS,  East  Bridgewater, 
GEORGE  MARSTON,  Barnstable, . 
P.  EMORY  ALDRICH,  Worcester, 
EDWARD  B.  GILLETT,  Westfield,       . 
SAMUEL  T.  SPAULDING,  Northampton,    . 


Suffolk. 

Northern. 

Eastern. 

South-Eastern. 

Southern. 

Middle. 

Western. 

North-Western. 


SHERIFFS. 

JOHN  M.  CLARK,  Boston, Suffolk. 

JAMES  GARY,  Lawrence, Essex. 

CHARLES  KIMBALL,  Lowell, Middlesex. 

JOHN  S.  C.  KNOWLTON,  Worcester,         ....  Worcester. 

HENRY  A.  LONGLEY,  Northampton, Hampshire. 

FREDERICK  BUSH,  Springfield, Hampden. 

SAMUEL  H.  REED,  Greenfield, Franklin. 

GRAHAM  A.  ROOT,  Sheffield,      .        ...        .        .        .  Berkshire. 

JOHN  W^  THOMAS,  Dedham, Norfolk. 

CHARLES  B.  H.  FESSENDEN,  New  Bedford,  .        .        .  Bristol. 

JAMES  BATES,  Plymouth, Plymouth. 

DAVID  BURSLEY,  Barnstable, Barnstable. 

SAMUEL  KENNISTON,  Edgartown, Dukes. 

JOSEPH  McCLEAVE,  Nantucket, Nantucket. 

66 


434  MEMBERS  OF  CONGRESS. 

CLERKS  OF  COURTS. 

GEORGE  C.  WILD,  Boston,  Supreme  Judicial  Court,  .      Commonwealth. 

.JOSEPH  WILLARD,  Boston,  Superior  Court,  Civil  T.,      .  ) 

)  Suffolk. 

FRANCIS  H.  UNDERWOOD,  Boston,  Criminal  T.,   .        •  ) 

ASHAEL  HUNTINGTON,  Salem, Essex. 

BENJAMIN  F.  HAM,  Cambridge, Middlesex. 

JOSEPH  MASON,  Worcester, Worcester. 

SAMUEL  WELLS,  Northampton, Hampshire. 

GEORGE  B.  MORRIS,  Springfield, Hampden. 

GEORGE  GRENNELL,  Greenfield, Franklin. 

HENRY  W.  TAFT,  Lenox, Berkshire. 

EZRA  W.  SAMPSON,  Dedham, Norfolk. 

JOHN  S.  BRAYTON,*  Taunton, Bristol. 

WILLIAM  H.  WHITMAN,  Plymouth, Plymouth. 

JAMES  B.  CROCKER,  Barnstable, Barnstable. 

RICHARD  L.  PEASE,  Edgartown, Dukes. 

GEORGE  COBB,  Nantucket, Nantucket, 


MEMBERS  OF  THE  THIRTY-EIGHTH  CONGRESS. 


SENATORS. 

CHARLES   SUMNER,  of  Boston. 
HENRY  WILSON,  of  Natich. 

REPRESENTATIVES. 

District    L— THOMAS  D.  ELIOT,  of  New  Bedford. 
II.— OAKES  AMES,  of  Easton. 
III.— ALEXANDER  H.  RICE,  of  Boston. 
IV.— SAMUEL  HOOPER,  of  Boston. 
v.— JOHN  B.  ALLEY,  of  Lynn. 
VI.— DANIEL  W.  GOOCH,  of  Melrose. 
VIL— GEORGE  S.  BOUTWELL,  of  Groton. 
VIII.— JOHN  D.  BALDWIN,  of  Worcester. 
IX.— WILLIAM  B.  WASHBURN,  of  Greenfield. 
'  X.— HENRY  L.  DAWES,  of  Adayns. 

*  Resigned.    Vacancy  filled  by  appointment  of  Court,  until  election  in  November. 


ADDENDA. 

Vacancies  occurred  in  the  House  of  Representatives  during  the  annual 
session,  as  follows : 

Moses  W.  Chapin,  of  Chicopee,  7th  Hampden  District,  deceased,  failed 
by  reason  of  illness  to  take  his  seat  in  the  House.  The  vacancy  occa- 
sioned by  his  demise  was  not  filled. 

John  Dacey,  of  Boston,  1st  Suffolk  District,  deceased,  and  Charles 
F.  Stevens  was  chosen  to  succeed  him. 

Abel  Wetherbee,  of  Adams,  and  Selden  Jennings,  of  Richmond, 
2d  and  3d  Berkshire  Districts,  deceased,  and  the  vacancies  were  not  filled. 

Abner  Harlow,  of  Mattapoisett,  8th  Plymouth  District,  deceased,  and 
Solomon  K.  Eaton  was  chosen  to  succeed  him. 


Rates  of  Pilotage  for  certain  ports  in  the  Commonwealth,  as  modified 
and  amended  by  the  "  Port  Wardens  of  the  Ports  upon  Buzzard's  Bay 
and  the  Island  of  Martha's  Vineyard,"  approved  by  the  Governor,  with 
the  advice  of  the  Council,  and  proclaimed  by  publishment,  in  compli- 
ance with  requirements  of  section  seventeen  of  chapter  one  hundred 
and  seventy-six,  Acts  of  1862,  entitled  "  An  Act  concerning  Pilotage." 

Council  Chamber,  Boston,  May  12, 1864. 

OKnERED,  That,  for  the  period  of  one  year  from  date,  the  rates  for  pilotage,  as 
provided  in  chapter  176  of  the  Acts  of  1862,  be  so  amended  that  the  pilotage  from  the 
ports  of  New  Bedford  and  Fairhaven  to  Charles  Point  light-house,  both  inward  and 
outward,  shall  be  fiftj'  cents  per  foot,  instead  of  thirty-five  cents,  as  is  now  provided, 
and  that  the  pilotage  from  the  sea  inward,  to  abreast  of  Charles  Point  light-house, 
shall  be  two  dollars  and  twenty-five  cents,  instead  of  one  dollar  and  ninety  cents,  as 
is  now  provided. 

Adopted  in  Council  and  approved: 

OLIVER  WARNER,  Secretary. 


CoittttianlDealljj   of   Slassatljusetts- 


Secretary's  Department,  Boston,) 
July  20,  1864.       \ 

I  hereby  certify  the  printed  Acts  and  Resolves  contained 
in  this  volume  to  be  true  copies  of  the  originals,  and  that 
the  accompanying  papers  and  other  matters  therewith  are 
transcripts  of  official  records  and  returns  in  this  Department. 

OLIVER  WARNER, 

Secretary  of  the  Commonwealth. 


INDEX. 


Abolishment  and  Constitutional  Prohibition  of  Slavery,  urged, 
Acknowledgment  of  Deeds  of  persons  in  U.  S.  Military  Service 

how  taken,    ..... 
Address  of  Governor,  Inaugural, 
Acts  of  Governor  and  Council  under  Chap.  216,  1861,  confirmed, 
Adams,  Clarissa,  in  favor, 
Adjutant-General,  apartment  assigned  to, 

"  "         in  favor, 

"  "         Salary  for  1864,  established. 

Administrators,  to  make  return  to  treasurer  of  stocks  held  in  trust 
"  may  mortgage  real  estate  of  intestates, 

"  Sale  of  Real  Estate  by,  under  license  of  Court, 

Adoption  of  Children,  relating  to,  . 

JEtna  Mills,  incorporated,  ..... 

Affidavits  of  persons  in  U.  S.  Military  Service,  hpw  taken,     . 
Agawam  Bridge  Company,  concerning. 
Aged  Colored  Women,  Home  for,  incorporated. 
Agents  Board  of  Education,  Salaries  established, 
"       Insurance  Companies,  relating  to,         . 
"  "  "  Foreign,  relating  to,     . 

Agricultural  College,  Massachusetts,  concerning, 
Allen,  Charles,  deceased,  in  favor  of  family,    . 
Allotment  Commissioners,  in  favor,       .... 
Allotments  and  Bounties  to  Soldiers,  to  secure  payment  of,   . 
Almshouse,  State,  at  Monson,  in  favor, 

"  "at  Tewksbury,  in  favor,       •  .  . 

Almshouse  System,  State,  concerning, 
American  Asylum  for  Deaf  and  Dumb,  in  favor, 
American  Machine  Works,  may  increase  capital  stock, 

"  Nail  Machine  Company,  incorporated, 

"         Steam-ship  Company,  provisions  of  Act  1863,  extended, 

"         Wheat  Company,  incorporated, 
Amesbury  and  Salisbury  incorporated  as  Town  of  Merrimac, 
Amherst,  Belchertown  and  Palmer  Railroad  Company,  concerning, 

"        Branch  Railroad  Company,  Charter  revived, 

"        Savings  Bank,  incorporated,  .... 


Page  338 

245 

341 

62 


272 

132 

146 

88 

147 

18 

245 

103 

52 

62 

256 

75 

151 

318 

328 

169 

330 

316 

326 

320 

113 

92 

88 

129 

113 

9 

93 

84 


11 


INDEX. 


Annual  meetings  of  Savings  Banks,  concerning, 
Appkopriations  : 

Attorney-General,  certain  expenses, 

Barnabas  Snow,    ...... 

Company  attached  to  Sixth  Brigade, 

Company  E,  Fifth  Regiment,       .  .  .  . 

Discharged  Soldiers'  Home,         .... 

Drainage  for  State  Arsenal,         .... 

Expenses,  certain,  of  1863,  and  previous  years, 

from  Income  of  certain  funds,     .... 

Maintenance  of  Government,  1864, 

Mileage  and  Compensation  of  Council  and  Legislature, 

from  Moiety  of  School  Fund,      .... 

Roxbury  Horse  and  Reserve  Guards,  and  Washington  Home 
Guard,  ...... 

State  Almshouses,  Rainsford  Island  Hospital,  Lunatic  Pau 
pers.  Reform  and  Nautical  Schools,  expenses,  etc., 
Armies,  Federal,  Resolve  of  thanks  to,  .  .  . 

Arms  Manufacturing  Company,  RoUin  White,  incorporated,  . 
Arsenal,  State,  Draw  authorized  in  Bridge  to  grounds, 

"  "      relating  to  drainage  of,  ... 

Assessment  of  Taxes  for  1864,  relating  to,       . 
Assessments  of  Mutual  Fire  Insurance  Companies,  relating  to. 
Assessors,  Returns  of  Corporations  to,  concerning,     . 

"  "       to  State  Treasurer  relative  to  Corporations, 

Associations  : 

Banking,  under  U.  S.  laws,  relating  to, . 

City  Library,  of  Springfield,  incorporated, 

congregational  Library,  concerning. 

County  Teachers',  Bounty  for  annual  meetings, 

Franklin  Cemetery,  Charter  revived, 

Salem  Charitable  Mechanic,  Charter  revived,    . 
Asylum  for  the  Blind,  Massachusetts,  appointment  of  Trustees, 
"         "  "  "  in  favor,  .  . 

"         "   Deaf  and  Dumb  at  Hartford,  in  favor, 
"         "   Discharged  Female  Prisoners,  incorporated, 
"         "   Inebriates,  Boston,  establishment  authorized. 
Athenaeum,  Westfield,  incorporated,      .... 
Attorney-General,  relating  to  certain  expenses  of. 
Auditor  and  First  Clerk  of.  Salaries  for  1864  established, 


Page    81 

317 

311 

313 

311 

325 

316 

55,  298 

47 

4,  25,  35 

6 

74 


41 

337 
21 
325 
316 
266 
102 
127 
131 

121 
90 

131 
35 

59 
120 

60 
325 
320 
117 
153 

58 
317 
272 


B. 

Back  River,  Bridge  over,  in  Salisbury,  G.  C.  Carlton  may  build,       .  45 

Baker,  Levi,  and  others,  in  favor,           .....  319 

Bank  Bills,  concerning  plates,  .            .            .            .            .            .  60 

Bank  Commissioners'  Report,  time  of  making,  changed,         .            .  59 


INDEX. 


Banks : 

Amherst  Savings,  incorporated, .... 

Charlestown  Five  Cents  Savings,  may  hold  real  estate 
Eliot  Five  Cents  Savings,  incorporated, 
Faneuil  Hall,  may  hold  real  estate, 
Hopkinton  Savings,  incorporated. 

Mutual  Redemption,  Banks  holding  stock  of,  relating  to. 
North  Easton  Savings,  incorporated. 
People's  Savings,  of  Worcester,  incorporated, . 
Rockland,  may  increase  Capital, 
Salem  Savings,  acts  of  confirmed, 
Banks  holding  stock  of  Bank  of  Mutual  Redemption,  relating  to, 
"      surrender  of  Charters  and  action  under  U.  S.  Laws, 
"      suspension  of  specie  payments  extended. 
Banks,  Savings,  Annual  Meetings  of,    . 

"  "        investments  in  U.  S.  Bank  Stocks  authorized 

Baptist  Society  in  Taunton,   Second,   may  change  name  and  hold 
estate,       .... 

"  "       in  Tyngsborough,  First,  concerning, 

"  "       Winthrop  Street,  Name  established  and  allowed  to 

hold  estate,  .... 

Baths,  Public,  Town  of  Woburn  may  establish, 
Bayley,  Abner  L.,  may  extend  Wharf  in  Amesbury,  . 
Beach,  Cut,  in  Gloucester,  to  protect,   ... 
Becket,  Town  of,  may  take  stock  in  Pittsfield  and  New  Haven  Rail 
road,  ....... 

Beoli  Company,  incorporated,    ..... 

Berkshire  Life  Insurance  Company,  additional  Act,    . 

Black,  W.  R.,  and  S.  G.  Blandin,  in  favor. 

Blind,  Perkins  Institution  for,  appointment  of  Trustees, 

"  "  '*  in  favor. 

Board  of  Education,  Secretary  and  Agents,  salaries  established, 

"     of  Railroad  Commissioners,  appointment  provided  for, 
Boston  Asylum  for  Inebriates,  establishment  authorized, 
Boston,  City  of,  in  favor,  for  burial  of  Soldiers  at  Gettysburg, 
"  "         outer  Harbor,  to  protect, 

"  "        Overseers  of  Poor,  concerning, 

"  "        in  favor,  for  reimbursement  military  expenses, 

"  "         supply  of  Water  for,  additional  Act,  . 

Boston  and  Chelsea  Railroad  Company,  may  use  Metropolitan  and 

Middlesex  roads, 
"  "  "  "  rate  of  fare,  concerning, 

"       and  Fairhaven  Iron  Works,  may  have  track  in  Fairhaven, 
"       Hartford  and  Erie  Railroad,  how  constructed  at  certain  points 
"       New  Church  Union,  incorporated, 
"      and  New  York  Steamship  Company,  incorporated, 
"       Society  for  Prevention  of  Pauperism,  additional  estate. 


84 

45 
8 

21 
153 
116 

12 
241 

43 

77 

116 

121 

7 

81 
3 

12 
106 

12 
150 

57 
151 

236 
118 

87 
312 

60 
325 

62 

96 
153 
313 
309 

82 
320 
253 

50 
246 

83 

297 

7 

130 

89 


IV 


INDEX. 


Boundary  Lines  : 

Douglas  and  Uxbridge,  established, 
Massachusetts  and  Rhode  Island,  copies  and  plans  to  be  pro 
cured,  ...... 

Rochester  and  Wareham,  established,    . 
Stoughton  and  Sharon,  established. 
Bounties  for  Enlistments,  in  Naval  Service,  provided  for, 
"        to  Volunteers,  additional  for  payment  of, 
"  "  more  certain  payment  secured, 

"  "  provisions  of  Act  of  1863,  extended, 

"  "  to  whom  paid  on  decease  of  person  enlisting. 

<'  "  enlisted  in  anticipation  of  calls, 

"  "  Paymasters  of,  apartment  for,  provided. 

Bounty  Fund,  Massachusetts,  established, 

Boylston  Fire  and  Marine  Insurance  Company,  Charter  continued, 
Brewster,  Henry  B.,  in  favor,    ..... 

"         Town  of,  authorized  to  hold  Cape  Cod  Central  Railroad 
stock,  ....... 

Bridge  over  Back  River  in  Salisbury,  G.  C.  Carlton  may  build, 
"       from  Brighton  to  Arsenal  Grounds,  draw  authorized, 
"       of  Fall  River  and  Warren  Railroads  over  Cole's  River,  draw  in 
"      of  Grand  Junction  Railroad  over  Chelsea  Creek,  draw  in, 
"       Weir,  in  Taunton,  town  required  to  rebuild,    . 
Bridge  Company,  Agawara,  concerning, 

"       Fund,  Charles  River,  and  Warren,  relating  to. 
Bridges  belonging  to  Commonwealth,  relating  to, 
Brown,  J.  Stewart,  in  favor,       ..... 

"       Moses,  in  favor,  ..... 

Building  and  Real  Estate  Company,  may  hold  additional  estate, 
Bullock,  Andrew  D.,  in  favor,    ..... 

Burden  of  Proof,  in  certain  Criminal  Cases,  relating  to. 
Burr,  Sally  and  James,  in  favor,  .... 

Butler,  Amos,  in  favor,  ...... 


Page  il2 


c. 

Cambridge  Railroad  Company,  concerning. 

Camp  Ground,  Martha's  Vineyard,  transportation  to  and  from. 

Cape  Cod  Central  Railroad,  time  of  construction  extended,    . 

<'  "  "  Company,  Town  of  Brewster  may  hold 

stock  in,        . 
Cape  Cod  Glass  Company,  incorporated, 
Carlton,  Granville  C,  may  build  bridge  over  Back  River  in  Salisbury 
Carret,  Charles  T.,  in  favor. 
Carver,  Town  of,  in  favor, 
Cassily,  Charles,  in  favor,  .        •     . 

Cattle,  Diseases  among,  Contagious,  concerning. 
Cemetery  Association,  Franklin,  Charter  revived, 

"        Soldiers'  National,  in  favor,  . 


INDEX. 


Certificate  of  Discharge  in  Insolvency,  Jury  Trial  provided,  . 
Change  of  Names,  ...... 

Chapin,  Moses  W.,  family  of,  in  favor, 

Chaplains  of  Legishiture,  additional  compensation  allowed,    . 

Chappequiddic  Indians,  in  favor  Guardian,  for  Nelly  Joseph, 

"  and  Cliristiantown,  in  favor,  for  Schools, 

Charitable  Eye  and  Ear  Infirmary,  Massachusetts,  in  favor,  . 
"  Institutions,  State,  support  of  certain  Lunatics  in,  c 

cerning,  ...... 

"  Mechanic  Association,  Salem,  Charter  revived, 

Charles  River  and  Warren  Bridges  Fund,  relating  to, 
Charlestown,  City  of,  Acts  respecting  certain  Highways  confirme( 

"  "       Sidewalks  in,  concerning  construction, 

"  "       supply  of  Water  for,  additional  Act, 

Charlestown  Five  Cents  Savings  Bank  may  hold  real  estate, 

"  Gas  Company  may  increase  capital  and  real  estate, 

Chelsea,  City  of,  School  Committee  and  Overseers  of  Poor,   . 
"       Police  Court,  Salary  of  Justice  established,  . 
"       Railroad  Company,  may  use  Metropolitan  and   Middlesex 
roads,  .  .  .  .  ... 

Cheney  Express  Company,  incorporated, 

Chicopee  Manufacturing  Company,  authorized  to  change  its  Name, 

Cliildren,  Adoption  of,  relating  to,         .  .  , 

Church,  Congregational,  in  Grafton,  Proprietors  incorporated, 

Church  Union,  Boston  New,  incorporated, 

Cities  and  Towns  may  raise  Money  for  Recruiting  Purposes, 

City  Fire  Insurance  Company,  Charter  extended;  may  increase  capital 

City  Library  Association  of  Springfield,  incorporated. 

City  of  Taunton  established,      ..... 

Civil  Government,  List  of  Officers,        .... 

Civil  Process,  Service  of,  allowance  for  use  of  Horse  and  Carriage 
Cleaveland,  Daniel  A.,  in  favor,  .... 

Clerk,  Second  Assistant  in  Treasurer's  Office,  appointment  authorized 
Clerk  of  Police  Court,  Worcester,  Salary  established, 
Clerks,  First,  of  Treasurer  and  Auditor,  Salaries  for  1864  established 
Clerks  of  Senate  and  House  and  Departments,  additional  compensa 
tion  allowed,  ...... 

Cliftondale  Railroad,  sale  of  in  certain  contingency,    . 
Clinton  Company,  Charter  annulled,     .... 

Coast  Defences,  relating  to,        . 

College,  Massachusetts  Agricultural,  concerning. 

Colored  Citizens,  eligible  to  Military  Office,     . 

Colored  Women,  Aged,  Home  for,  incorporated. 

Commissioners,  Allotment,  in  favor,      .... 

"  Bank,  time  of  making  Report  changed, 

"  County,  Salaries  of,      . 

"  of  Plymouth  County  may  purchase  and  sell  Lands  in 

Hull, 

56 


Page  241 
406 
335 
836 
315 
316 
324 


120 

242 

80 

101 

112 

45 

19 

267 


50 
119 

14 
147 

33 

7 

67,  78 

45 

90- 
136 
416 
255 
317 
319 
258 
272 

336 
85 
21 
331 
161 
12 
52 


257 
22 


Tl 


INDEX. 


Commissioners  of  Railroads  extending  into  other  States,  Reports  of, 

"  Railroad,  appointment  of  Board  provided  for, 

Common  Drunkards  in  Boston,  where  sentenced,  on  conviction, 
Company  E,  Fifth  Regiment,  in  favor,  .... 

"        of  Infantry  attached  to  Sixth  Brigade,  in  favor, 
Congregational  Church  in  Grafton,  Proprietors  incorporated, 
"  Library  Association,  concerning, 

"  Society,  First,  of  Jamaica  Plain,  Name  established, 

'<  "       First  Precinct  in  Rehoboth,  Name  changed 

"  "      in  Seekonk,  Name  established, 

"  "       Third  Parish  of  Roxbury,  Name  changed, 

Connecticut  River,  Shad  Fishery  in,  to  protect, 
Constables,  Vacancies  in  Office,  how  filled, 
Controversies  as  to  Estates  of  Deceased  Persons,  adjustment  of. 
Convicts,  Discharge  of,  concerning,       .  .  ... 

Convicts,  Discharged,  how  provided  for,  if  disabled,   . 

"  "  Female,  Temporary  Asylum  for,  incorporated 

Conway  Fire  Insurance  Company  of  Boston,  concerning. 
Council,  Pay  of  Members  increased,     .... 
•Coroners,  Returns  of,  concerning,         .... 
(Corporations,  Manufacturing,  Liabilities  of  Officers  and  Stockholders 
"  Records  of  and  Returns  to  Assessors,     . 

"  certain.  Tax  levied  on,     .... 

"  holding  Property  in  Trust,  to  make  Annual  Report  to 

Secretary,  ..... 

(Correctional  and  Charitable  Institutions,   State,  support  of  certain 

Lunatics  in,      . 
Counterfeiting,  Aid  granted  for  suppression  of,  .  .      . 

'County  Commissioners,  Salaries  of,       . 
"      Finances,  relating  to,     . 

"      Teachers'  Associations,  Bounty  for  Annual  Meetings, 
Court,  Municipal,  of  Taunton,  established, 

"      Police,  of  Chelsea,  Salary  of  Justice  established, 
"  "      of  Gloucester,  Salary  of  Justice  established,     . 

"  "      of  Milford  established,     .... 

"  "      of  Taunton,  certain  Acts  respecting  repealed,  . 

"  "      of  Worcester,  Salary  of  Clerk  established,  .     . 

Courts,  Probate,  concerning  Orders  of  Notice  in. 
Criminal  Cases,  certain,  burden  of  proof  in,    . 
"  "     Public  Justice  in,  to  promote, 

"       Process  in  Hull,  service  of,     . 
Crocker,  Augustus,  in  favor,      ..... 
Crossings  at  Grade,  Railroad,  relating  to,         . 
Cut  Beach  in  Gloucester,  to  protect,      .... 


Page  264 

96 

243 

311 

313 

33 

131 

12 

15 

15 

12 

43 

112 

111 

125 

109 

117 

127 

338 

16 

150 

127 

131 

233 


318 
257 
257 

35 
142 
242 

82 

46 
148 
258 
246 

79 
239 

29 
323 


D. 


Dacey,  John,  in  favor  of  family, 
Dartmouth  Indians,  certain,  in  favor, 


336 


INDEX. 


vu 


Dartmouth  Indians,  in  favor  Rhoda  M.  Taylor, 

Davis,  Charles  Henry,  Rear  Admiral,  thanks  to, 

Davis,  Rebecca,  in  favor,  .... 

Deaf  Mutes,  relative  to  support  of,        . 

Dedham  and  West  Roxbury  Railroad  Company,  concerning, 

Defences,  Coast,  relating  to,      . 

Depositions  of  persons  in  U.  S.  Military  Service,  how  taken 

Dighton  and  Somerset  Railroad  Company,  additional  Act, 

Discharge  of  Convicts,  concerning. 

Discharged  Convicts,  how  provided  for  if  disabled, 

"  Female  Prisoners,  Temporary  Asylum  for,  incorporated. 

Discharged  Soldiers'  Home,  in  favor,    . 
Discharges  in  Insolvency,  trial  by  jury  provided  in  granting  certifi 

cates,  ...... 

Diseases  among  Cattle,  Contagious,  concerning, 
Division  of  Flats,  concerning,    .... 

Divorce,  relating  to,        . 

Dock  at  Roxbury  Point,  filling  up  authorized,  . 
Documents,  Public,  Annual  Abstract,  repeal  relating  to, 
Dogs,  concerning,  ..... 

"      owned  in  Gay  Head,  concerning, 
Domestic  Animals,  for  protection  of,      . 
Donnelly,  John,  in  favor  of  family  of,  . 
Dorchester  First  Parish,  authorized  to  sell  estate, 
"  Gas-Light  Company,  concerning,   .  ■ 

"  and  Roxbury  Railroad  Company,  may  sell  franchise, 

Douglas  and  Uxbridge,  Towns  of,  line  between  established,   . 
Draw  in  Bridge  from  Brighton  to  Arsenal  grounds,  authorized, 
"  "       of  Fall   River   and   Warren   Railroad  over    Cole's 

River,  required,        ...... 

Draw  in  Bridge  of  Grand  Junction  Railroad  over  Chelsea  Creek, 

provided  for,  ..... 

Drunkards  in  Boston,  where  sentenced,  on  conviction. 
Dry  Dock  Company,  Simpson's  Patent,  may  build  Wharf  in  East 

Boston,  ...... 

Dunbar,  George  L.,  in  favor,      .... 

"        William  H.,  may  build  railroad  track  in  Abington 
Durgin,  Horace  W.,  in  favor,     .... 
Dwinnell,  B.  D.,  in  favor,  .... 


Page  324 
332 
314 
320 

98 
331 
245 

63 
125 
109 
117 
325 

241 
320 

292 
148 
245 
252 
268 
291 


29 

34 

17 

112 

325 


295 

77 
243 

16 
329 

97 
323 
323 


E. 

East  Boston  Freight  Railroad  Company,  relating  to,  . 

East  Bridgewater  Union  Society,  relating  to,    . 

Eastern  and  Essex  Railroad  Companies,  Act  concerning  revived, 
"       Express  Company  incorporated, 

"       Marine  Railway  Compp.ny  in  Provincetown  incorporated, 
"       Railroad  Company  may  straighten  location  over  Merrimac 
River,  ....... 


245 

242 

21 

124 
261 

154 


INDEX. 


Easton,  Jemima,  in  favor,  .... 

Education,  Board  of,  Salaries  of  Secretary  and  Agents, 
Edwards,  Henry,  Allotment  Commissioner,  in  favor,  . 

"        Henry  A.,  acts  as  Superintendent   of  Alien   Passengers 

confirmed,     ....... 

Eldridge,  Luther,  may  extend  Wharf  in  Chatham, 
Election  of  Fence  Viewers  made  valid, 

"       of  Town  Officers  in  1864  legalized,     .  .  .  , 

"       of  Vice  Presidents  of  Insurance  Companies  authorized, 
Eligibility  to  Military  OflBce,  word  "White"  stricken  from  Statutes 
Eliot  Five  Cents'  Savings  Bank  incorporated,  . 
EUerton  Mills,  Name  established,  .... 

Emigrant  Express  Company,  incorporated. 
Enlistments  in  Naval  Service,  Bounty  and  Aid  to  Families 

"  and  Recruiting,  Acts  of  1863  respecting  amended, 

Entry,  Writs  of,  relating  to,       . 

Essex  and  the  Eastern  Railroad  Companies,  Act  concerning  revived 
Estate,  certain,  belonging  to  Commonwealth,  Sale  authorized, 

"      Real,  Sale  of  under  License  of  Court,  relating  to. 
Estates  of   Deceased   Persons,   adjustment   of  Controversies,  con 
cerning,  ..... 

"       and  Polls,  amendment  of  Act  establishing, 

"      Trust,  respecting  Sale  and  Investment  of, 

*'  "       of  Married  Women,  concerning, 

Etna  Mills  incorporated,  .... 

Evasions  of  Taxation,  Fraudulent,  to  prevent, 
Evidence  in  Criminal  Cases,  respecting, 
Exchange,  Mariners',  incorporated, 
Executors,  to  return  State  Treasurer  Stocks  in  Trust, 

"  Sale  of  Real  Estate  by,  under  License  of  Court, 

Exemption  from  Service  as  Jurors,  of  certain  persons, 
Express  Companies,  Unclaimed  Property  in  possession  of, 

"       Company,  Cheney,  incorporated, 

"  "        Eastern,  incorporated, 

"  "        Emigrant,  incorporated,     . 

Eye  and  Ear  Infirmary,  Massachusetts  Charitable,  in  favor 


Page  318 

62 

332 

152 
70 

238 

125 

75 

12 

8 

14 

173 

91, 146 

51 

289 
21 


111 

110 

108 

126, 255 

18 
111 
239 

76 
132 

88 
148 

89 
119 
124 
173 
324 


F. 

Fall  River  and  Warren  Railroad,  construction  extended,        .             .  113 
"           "             "            "          Draw    in   bridge    of   over    Cole's 

River,            ........  295 

Families  of  Seamen  in  Naval  Service,  to  aid,  ....  91 

Families  of  Volunteers,  further  addition  to  Act  in  aid  of,        .            .  23 

Faneuil  Hall  Bank,  may  hold  real  estate,          .            .             .             .  21 

Father  Mathew  Mutual  Benevolent  Catholic  Total  Abstinence  So- 
ciety, incorporated,               ......  100 

Federal  Armies,  Resolve  of  thanks  to,              ....  337 


INDEX. 


Female  Prisoners,  Discharged,  Temporary  Asylum  for,  incorporated, 

Fence  Viewers,  Elections  made  valid,  .... 

Field  Drivers  and  Fence  Viewers,  Vacancies  in  office,  how  filled, 

Finances,  County,  concerning,   .  . 

Fire  Department,  City  of  Lynn,  concerning,    . 

"  "  "         Worcester,  Election  of  Engineers, 

Fire  Districts  may  raise  money  for  Street  Lamps, 

Fire  Insurance,  form  of  Policies,  concerning. 

First  Baptist  Society  in  Tyngsborough,  concerning,    . 

"     Congregational  Society,  Jamaica  Plain,  Name  established, 

"     Parish  in  Dorchester,  may  sell  real  estate, 

"    Universalist  Society  in  Boston,  may  sell  real  estate. 

Fisheries  in  Winchester,  relating  to,     .  .  .  . 

Fishery  in  Marion  Harbor,  seining  restricted, 

"        in  Mattapoisett  Harbor,  seining  regulated, 
"       Fishery,  Oyster,  in  Somerset,  regulated, 
"        Shad,  in  Connecticut  River,  to  protect, 
"       Trout,  in  Marshpee,  to  protect, 

Fitchburg  and  Worcester  Railroad   Company  may  issue  preferred 
stock,  ....... 

Flags,  lost  or  worn  out  in  service,  to  be  replaced, 

Flats,  Division  of,  concerning,  ..... 

Foreign  Insurance  Companies,  relating  to  Agents  of, 

Fort  Point  Channel,  Harbor  Lines  in,  changed, 

Foxborough  Branch  Railroad  Company,  may  increase  Capital, 

Franklin  Cemetery  Association,  Charter  revived. 

Fraudulent  evasions  of  Taxation,  to  prevent,  . 

Friend,  W.  H.,  and  Lemuel,  Jr.,  Wharf  in  Gloucester, 

Fund,  Charles  River  and  Warren  Bridges,  relating  to, 

"      Massachusetts  Bounty,  established,  and  Sinking  Fund  created 
"      Union,  increased,  ..... 


Page  117 

238 

112 

257 

72 

42 

100 

125 

106 

12 

29 

237 

172 

254 

243 

22 

43 

94 

13 
328 
292 

75 
296 

89 

59 
111 

14 
242 
307 

G2 


G. 

Gas-Light  Company,  Charlestown,  may  increase  Capital, 
"       "  "  Milton,  and  the  Dorchester,  concerning 

"       "  "  North  Adams,  incorporated, 

Gasmeters,  Inspector  to  make  annual  return,  . 

Gay  Head,  Dogs  owned  in,  concerning, 
"         "     Indians,  Schools  of,  in  favor, 

General  Statutes,  relative  to  publication  of. 

General  Theological  Library,  incorporated, 

Gerrish,  James,  acts  as  Justice  of  Peace,  confirmed 

Glasgow  Company,  concerning. 

Glass  Company,  Cape  Cod,  incorporated, 

Gloucester  Police  Court,  Salary  of  Justice  established, 

Gosnold,  Town  of,  incorporated. 

Governor,  Inaugural  Address  of, 


34 

34 

267 

291 

320 

814 

59 

58 

131 

7 

82 

60 

341 


X  INDEX. 

Governor,  Salary  of,  established,           .....  Page  234 

Governor  and  Council,  Acts  under  chapter  21G,  '61,  confirmed,  .  62 

"           "           "         Messenger  of  and  Assistant,  in  favor,  .  315,322 

Grand  Junction  Railroad,  Bridge  over  Chelsea  Creek,  draw  in,  .  77 

"             "         Wharf  Company,  incorporated,           .             .  .  254 

Guardians  may  Mortgage  Real  Estate  of  Wards,         .             .  .  146 

"        to  return  to  State  Treasurer  stock  in  trust,             .  .  132 

"        sale  of  Real  Estate  by,  under  license  of  Court,      .  .  88 


H. 

Halifiix,  Town  of,  in  favor, 

Hanover  Branch  Railroad  Company,  Charter  revived 

Harbor  of  Boston,  Outer,  to  protect,     . 

"      Lines  in  South  Bay  and  Fort  Point  Channel,  changed 
"      of  Marion,  Seining  in,  restricted, 
"       of  Mattapoisett,  Seining  in,  regulated. 
Harbors  of  Commonwealth,  for  preservation  of, 
Harlow,  Abner,  in  favor. 
Hawkers  and  Peddlers,  licenses  of. 
Hearing  of  Questions  of  Law,  relating  to, 
Hecktor,  John,  in  favor, 
Herrick,  Moses  S.,  in  favor, 

Highway  Surveyors,  vacancies  in  office,  how  filled 
Hingham,  Town  of,  in  favor, 
Hitchcock's  Supplementary  Report  on  Ichnology,  relating  to 
HoUingshead,  John  S.,  acts  as  Commissioner  confirmed. 
Home  for  Aged  Colored  Women,  incorporated. 
Home  for  Discharged  Soldiers,  in  favor, 
Home  for  Inebriates,  Washingtonian,  in  favor, 
Hopkinson,  Samuel  W.,  in  favor, 
Hopkinton  Savings  Bank,  incorporated. 
Horse  and  Carriage,  use  in  serving  Civil  Process, 
Horse  Railroads,  see  Street  Railway  Corporations. 
Hospital,  Lunatic,  at  Northampton,  in  favor,    . 

"  "        at  Worcester,  in  favor, 

"        Massachusetts  General,  appointment  of  Trustees, 

"        Rninsford  Island,  admission  of  certain  soldiers  to. 
Hospitals,  Lunatic,  relating  to,  . 

"         State   Lunatic,   expense   of   supporting   certain 
limited,    ..... 
Houghton,  W.  S.,  Resolve  on  petition  of. 
House  of  Representatives,  Ventilation  of  Hall, 
Houses  of  Correction,  Returns  of  Keepers,  concerning, 
Howard  Fire  Insurance  Company,  Charter  continued, 
Hubbard,  Margaret,  in  favor,     .... 
Hull,  Common  Lands  in.  County  Commissioners  may  dispos 

"     Criminal  Process  in,  service  of,    . 
Hyde  Park  Woollen  Company,  increase  of  Capital,     . 


INDEX. 


I. 

Iclinology,  Ilitclicock's  Supplementary  Report  on,  relating  to, 
Indian  Orchard  Mills,  may  increase  Capital,    . 
Indians  : 

Chappeqniddic,  Nelly  Joseph,  in  fiivor,  . 
Chappequiddic  and  Christiantown,  in  favor,  for  kSchooIs, 
Dartmouth,  certain,  in  favor,       .... 

"  in  favor  Rhoda  M.  Taylor,  .... 

Gay  Head,  in  favor  Schools  of,   . 

Hassanamisco,  in  favor  John  Hecktor,  . 

Jemima  Easton,  in  favor,  .... 

Marshpee,  in  favor,  ..... 

"  "  for  Schools, .... 

Punkapog,  Charlotte  E.  Myers,  in  favor, 
"  Sally  and  .Tames  Burr,  in  favor, 

"  Rebecca  Davis,  in  favor,       .  .  . 

Industrial  School,  State,  duration  of  commitments  to. 
Inebriates,  Boston  Asylum  for,  authorized. 
Insane  Criminals,  Receptacle  for,  at  Tewksbury, 
Insane  Persons  and  Lunatic  Hospitals,  relating  to. 
Insolvency  discharges,  trial  by  jury  in  granting  certificates,  . 
Inspection  of  Milk,  relating  to,  .... 

Inspector  of  Gasmeters  to  make  annual  returns. 

Inspectors  of  Prisons,  concerning,         .... 

Institution  for  the  Blind,  Perkins,  concerning  appointment  of  Trus 

tees,     . 
"  "  "  "  in  favor, 

Institutions  for  Savings,  investments  in  U.  S.  Bank  Stocks,  atithor 
ized,  ........ 

Institutions,  State  Charitable  and  Correctional, 
Insurance  Companies  : 

Berkshire  Life,  additional  to  Act  incorporating, 
Boylston  Fire  and  Marine,  Charter  continued,  . 
City  Fire,  Charter  extended  and  Capital  increased, 
Conway  Fire,  of  Boston,  concerning,     ... 
Howard  Fire,  Charter  continued,  .  .  .  , 

Marlborougli  Mutual  Fire,  Charter  continued,  . 
Massachusetts  Mutual  Life,  may  increase  real  estate,  . 
Mechanics'  Mutual  Fire,  Charter  continued,      .    '        . 
Mutual  Protection  Fire,  Charter  revived. 
New  England  Mutual  Marine,  concerning, 
Old  Colony,  may  increase  capital,  ... 

"VVelltlect  Marine,  incorporated,  .... 

Insurance  Companies,  Election  of  Vice-Presidents,  authorized, 
"  "  Foreign,  relating  to  Agents  of, 

"  "  -  Investments  in  U.  S.  Bank  Stocks  authorized 

"  "  Life,  custody  of  Returns, 


Page  314 
49 

315 
316 
335 
324 
320 
330 
318 
315 
316 
312 
312 
314 
265 
153 
331 
262 
241 
79 
267 
297 

60 
325 


45 
127 
20 
58 
49 
14 
19 
29 
60 
54 
75 
75 
16 
150 


xu 


INDEX. 


Insurance  Companies,  Mutual  Fire,  Assessments  of,  . 

"  "  Officers  and  Agents,  and  issue  of  Policies, 

"  "  Keceivers  of,  relating  to, 

"  "  Fire,  form  of  Policies,  . 

"  "  Life,  Policies   assigned  for  married  women 

secured,       .... 
Intestates,  Real  Estate  of,  administrators  may  mortgage. 
Investments  of  Capital  and  Funds  of  Insurance  Companies,  . 

"  of  Savings  Banks  and  Institutions,  concerning,  . 

"  of  Trust  Estates,  respecting, 

Iron  Company,  Stockbridge,  relating  to,  .  .  . 

"  "         Washburn,  incorporated. 

Iron  Works,  Boston  and  Fairhaven,  may  construct  railroad  track, 
Issues  of  Fact,  Trial  of,  Act  of  '63,  respecting,  amended, 


Page  102 
256 
295 
125 


Jail  Fees  in  Suffolk  County,  and  Salary  of  Jailer,  relating  to, 

Jails,  Returns  of  Keepers,  concerning, 

Jennings,  Selden,  deceased,  expense  of  funeral  provided  for, 

"  "  "  in  favor  of  family, 

Joseph,  Nelly,  in  favor,  ...... 

Judges  of  Probate  and  Insolvency,  certain,  salaries  established, 
Judgment,  motion  in  arrest,  in  Criminal  Cases, 
Jurors,  certain  persons  exempted  from  service  as, 
Jury  Trial,  upon  granting  discharge  in  Insolvency,  provided, 
Justice,  Police  Court  in  Chelsea,  salary  established,    . 
"  "  "         Gloucester,  salary  established. 

Justices  of  the  Peace  : 

Acts  of  Henry  Rice  as  Justice,  confirmed, 

"        James  Gerrish  as  Justice,  confirmed,    . 

"        James  Rice  as  Justice,  confirmed, 

"        Oramel  White  as  Justice,  confirmed,   . 

"         William  H.  Wood  as  Justice,  confirmed. 
Justices,  Trial,  who  have  not  taken  qualifying  oaths,  acts  confirmed 


K. 


Kingman,  Davis,  in  favor, 


Lamps,  Street,  Fire  Districts  may  raise  money  for,  . 
Lancaster  Mills,  may  exercise  franchise  in  Boylston,  . 
Lands,  Common,  in  Hull,  County  Commissioners  may  dispose, 

"      in  Maiden,  jurisdiction  ceded  United  States,    . 

"      in  Provincctown  Harbor,  jurisdiction  ceded  United  States, 

"      rights  of  railroad  corporations  to  take, 
Law,  questions  of,  relative  to  hearing,  .... 
Leacb,  William,  in  favor,  ..... 


INDEX. 


Xlll 


Lee,  Town  of,  may  take  stock  in  Pitts'field  and  New  Haven  Railroad,  Page  238 

Legislature,  additional  compensation  authorized,          .             .             .  338 

Lexington  and  West  Cambridge  Railroad  Company  may  sell  road,    .  94 

Library,  General  Theological,  incorporated,    ....  59 

"        Association,  City  of  Springfield,  incorporated,           .             .  90 

"                "            Congregational,  concerning,        .            .            .  131 

Life  Insurance  Companies,  concerning  custody  of  returns,     .             .  150 

"           "          Company,  Berkshire,  additional  to  Act  incorporating,  87 

"           "                "           Mass.  Mutual,  may  increase  estate,            .  49 

'<           "           policies  assigned  for  married  women,  to  secure,        .  126 

Lindberg,  Margaret,  in  favor,     ......  322 

Long  Point,  Provincetown  Harbor,  jurisdiction  ceded  United  States,  50 

Lord's  Day,  concerning  observance  of,             ...            .  51 

Lothrop,  Thomas  J.,  in  favor,    .             .            .            ...            .  323 

Lowell  Horse  Railroad,  extension  authorized  into  Chelmsford  and 

Dracut,          ........  244 

Luce,  William  H.,  in  favor,        ......  317 

Lunatic  Hospital  at  Northampton,  in  favor,      ....  331 

"            "         at  AVorcester,  in  favor,           .            .             .            .  321 

"        Hospitals  and  Insane  Persons,  relating  to,     .            .             .  262 

•'            "        State,  expense  of  supporting  certain  inmates -limited,  88 

Lunatics,  receptacle  for  at  Tewksbury,  provided,         .            .            .  331 

Lyceum  Hall  and  Chapel  in  Marlborough,  proprietors  incorporated,  70 

Lynn,  City  of,  concerning  fire  department  in,  .            .            .            .  72 


M. 

JIachine  Works,  American,  may  increase  Capital, 

Maine,  State  of,  in  favor,  ..... 

Maiden,  lands  in,  ceded  United  States, 

Mansfield  and  Somerset  Railroad  Company,  incorporated, 

Manufactdring  Corporations  : 

^tna  Jlill,  incorporated,  .... 

American  Machine  Works,  may  increase  Capital, 

American  Nail  Machine  Company,  incorporated, 

American  Wheat  Companj-  incorporated, 

Beoli  Companj',  incorporated,     .... 

Boston  and  Fairhaven  Iron  Works,  may  construct  railroad 
track,  ...... 

Cape  Cod  Glass  Company,  incorporated, 

Charlestown  Gas  Company,  capital  increased,  . 

Chicopee  Company,  Name  changed  to  Ellerton  Mills,  . 

Clinton  Company,  Charter  annulled, 

Dorchester  Gas-Light  Company,  may  purchase  property, 

Glasgow,  concerning,        ..... 

Hyde  Park  Woollen,  may  increase  capital, 

Indian  Orchard  Mills,  may  increase  capital, 

Lancaster  Mills,  may  exercise  franchise  in  Boylston,  . 

Massachusetts  Powder  Works,  additional  to  Act  incorporating, 
67 


113. 

337 

259 

53 

18 
113 

92' 
129 
118 

83 
7 
19 
14 
21 
34 
131 
15 
49 
18 
81 


XIV 


INDEX. 


MANUFACTnRiNG  CORPORATIONS— Continued. 

Mercliants'  Woollen  Company,  may  increase  capital,  . 
Middlesex,  may  increase  capital,  .  .  .  , 

Milton  Gas-Light  Company,  sales  of  property  authorized. 
North  Adams  Gas-Light  Company,  incorporated, 
Rollin  White  Arms  Company,  incorporated, 
Stockbridge  Iron  Company,  relating  to,  .  . 

Type  Setting  Machine  Company,  Name  changed, 
Washburn  Iron  Company,  incorporated. 
Whitman  and  Miles  Company,  incorporated,     . 
Manufacturing  Corporations,  liabilities  of  Officers  and  Stockholders 
Marchant,  Barnard  C,  in  favor,  .... 

Marine  Insurance  Company,  New  England  Mutual,  concerning, 
"  "  "  Wellfleet,  incorporated,  . 

"      Railway  Company,  Eastern,  in  Provincetown,  incorporated, 
"  "  "  Plymouth,  incorporated,    . 

Mariner's  Exchange,  incorporated,        .... 

Marion,  Harbor  of.  Seining  of  Fish  restricted, 

Marlborough  Mutual  Fire  Insurance  Company,  continued,     . 

Married  Women,  Policies  of  life  insurance  secured  to, 

"  "        Trust  Estates  of,  concerning, 

Marshpee  Indians,  in  favor  of,  for  medical  attendance, 
"  Schools,  in  favor,       .  .  . 

"  Trout  Fishery  in,  to  protect, 

Martha's  Vineyard  Camp  Ground,  transportation  to,  . 
Massachusetts  Agricultural  College,  concerning, 
Massachusetts  Allotment  Commissioners,  in  favor, 
Massachusetts  Asylum  for  the  Blind,  appointment  of  Trustees, 
"  "  "  "        in  favor, 

"  Bounty  Fund  established, 

"  Charitable  Eye  and  Ear  Infirmary,  in  favor,   . 

"  General  Hospital,  appointment  of  Trustees,    . 

"  Mutual  Life  Insurance  Company,  may  increase  estate 

"  Powder  Works,  additional  to  Act  incorporating, 

Mattapoisett  Harbor,  seining  in,  regulated, 

"  Town  of,  provided  with  Weights,  Measures  and  Bal 

ances,  ...... 

Mayberry,  Edwin,  in  favor,        ..... 

McCullum,  Henry  E.,  in  favor,.  .... 

McGuire,  John,  Suit  of,  expenses  of  Attorney-General  appropriated 
Mechanic  Association,  Salem  Charitable,  charter  revived, 
Mechanics'  Mutual  Fire  Insurance  Company,  charter  continued, 
Melrose  and  South  Heading  Railroad,  construction  in  Reading, 

"  "  "  "  location  and  sale  of. 

Merchants'  Woollen  Company,  may  increase  capital,  . 
Merrimac,  Town  of,  incorporated,         .... 

Messages  of  Governor,  Special,  .... 

Messenger  and  Assistant  of  Governor  and  Council,  in  favor, 


Page 


49 

15 

34 

3-i 

21 

265 

153 

20 

234 

150 

321 

29 

54 

261 

lis 

76 
254 

58 
126 
126,  255 
315 
316 

94 
169 
151 
328 

60 
325 
307 
324 

23 

49 

81 
243 

311 

321 

326 

317 

120 

14 

94 

267 

49 

113 

387 

315,  322 


INDEX. 


Messenger  to  Secretary,  additional  compensation  allowed,     . 
Messengers  of  Legislature,  additional  compensation  allowed, 
Middlesex  Company  may  increase  capital, 
Milford,  Police  Court  in,  established,    .... 

"        Trinity  Parish  in,  incorporated, 
"        and  Woonsocket  Railroad,  location  and  construction, 
Military  : 

Allotments  to  Soldiers,  to  secure  more  certain  payment  of, 
Arsenal,  State,  appropriation  for  drainage. 
Bounties  to  Volunteers,  enlisted  in  anticipation  of  future  calls, 
"  "  provisions   of   Act  for  payment   eX' 

tended, 

"  "  in  Regular  service,  concerning, 

*'  "  to  secure  more  certain  payment  of, 

"  "  to  whom  paid  on  decease  of  person 

enlisting,    . 

Coast  Defences,  relating  to,         . 

Company  E,  Fifth  Regiment,  in  favor,   . 

Company  of  Infantry  attached  to  6th  brigade,  in  favor, 

Eligibility  to   military   office,  word   "white"   stricken   from 

Statutes,   •     . 
Emancipation  of  Slaves  by  military  authority  approved, 
Enlistments,  Acts  of  'G3  concerning,  amended, 
Federal  Armies,  Resolve  of  thanks  to,  . 
Flags  lost  or  worn  out  in  service,  to  be  replaced, 
Militia,  certain  officers  and  soldiers,  in  favor,    . 
Militia,  concerning,  ..... 

"        in  service.  Rules  for  government  established,  . 
Militia  in  U.  S.  service,  additional  pay  provided. 
Oaths,   Depositions,  &c.,   of  persons  in  U.  S.  service,  how 
taken,  ...... 

Recruiting,  Acts  of  18G3  concerning,  amended, 

"  Cities  and  I'owns  may  raise  money  for  purposes 

Roxbury  Horse  Guards,  in  favor, 

"        Reserve  Guard,  in  favor, 
Soldiers'  Families,  additional  in  aid  of,  . 
Soldiers'  National  Cemetery,  concerning, 
Soldiers,  riglit  of  suffrage  preserved  to, 

"         certain,  admission  to  Rainsford  Island  Hospital, 
Washington  Home  Guard,  in  favor. 
Militia,  certain  officers  and  soldiers,  in  favor,  .  . 

"       concerning,         ...... 

"      Rules  for  government  established, 
"       in  U.  S.  service,  additional  pay  provided, 
Milk,  Sale  and  Inspection  of,  relating  to,  . 

Mills,  il'jtna,  incorporated,  ..... 

"      Ellerton,  Naijic  eetablished,        .... 

"     Indian  Orchard,  may  increase  Capital,  . 


Page  336 

336 

15 

46 

92 

3 

169 
316 
265 

U,8i 
24 
169 

54 
331 
311 
313 

12 
338 

51 
337 
328 
316 
182 
272 
170 

245 

51 

67,  78 

339 

339 

23 

332 

92 

109 

338 

316 

182 

272 

170 

79 

18 

14 

49 


XVI 


INDEX. 


Mills,  Lancaster,  may  exercise  franchise  in  Boylston, 

Milton  Gas-Light  Company,  concerning. 

Money,  Treasurer  may  borrow,  in  anticipation  of  Revenue, 

Monuments  to  Soldiers,  Towns  may  raise  money  for, 

Morgan,  Franklin,  in  favor,        .... 

Morning  Star  Beneficial  Society,  incorporated, 

Municipal  Court  of  Taunton,  established, 

Munson,  Lyman  E.,  acts  as  Commissioner,  confirmed, 

Museum  of  Comparative  Zoology,  relating  to, 

Mutual  Fire  Insurance  Companies,  Assessments  of,    . 

Mutual  Fire  Insurance  Company,  Marlborough,  continued, 
"  "  "  "  Mechanics',  continued, 

"      Life  Insurance  Company,  Mass.,  may  increase  estate, 
"       Marine  Insurance  Company,  New  England,  concerning, 
"      Protection  Fire  Insurance  Company,  Charter  revived, 

Myers,  Charlotte  E.,  in  favor,    ..... 

Mystic  River  Railroad,  relating  to,         . 

N. 

Nail  Machine  Company,  American,  incorporated, 

Names,  Change  of,  .  .  .  .  .      '      . 

Nashua  and  Lowell  Railroad  Company,  may  cross  streets  in  Lowell 

National  Affairs,  relating  to,       . 

National  Cemetery,  Soldiers',  in  favor. 

Nautical  Branch,  State  Reform  School,  concerning,    . 

"  "  "  "  "        purchase  of  vessel,  author 

ized,  ....... 

Naval  Service,  Seamen  in.  Bounty  and  Aid  to  families  of, 

"  "  "  Right  of  Suffrage  preserved  to, 

New  Bedford,  City  of,  in  favor, 

"  "        and  Fall  River  Railway  Company,  incorporated, 

"  "        and  New  York  Steam   Propeller   Company,  incorpo 

rated,  .... 

"  "        and  Taunton  Railroad,  extension  of  track  authorized 

New  England  Mutual  Marine  Insurance  Company,  concerning. 
New  London  Northern  Railroad,  may  change  location  in  Palmer 

"  "  "  "  Company,  may  unite  with  Amherst 

Belchertown  and  Palmer  Company, 
New  York  and  Boston  Steamship  Company,  incorporated, 
Newburyport  and  Amcsbury  Horse  Railroad  Company,  incorporated 
Newburyport,  City  of,  additional  to  Act  establishing,  . 
Newburyport  Railroad  Company,  may  construct  tracks  in  city. 
North  Adams  Gas-Light  Company,  incorporated, 

"  "      Water  Company,  Acts  incorporating,  and  in  aid, 

North  Easton  Savings  Bank,  incorporated, 

0. 

Oaths  of  persons  in  U.  S.  Military  Service,  how  taken. 

Officers  allowed  pay  for  carriage  travel  in  service  of  civil  process 


Page  18 

34 

336 

63 

327 

126 

142 

81 

312 

102 

58 

14 

49 

29 

19 

312 


92 
406 
172 
337 
332 
128 

327 

91,  146 

92 

■  317 

123 

11 
246 

29 
117 

9 

130 

30 

57,  255 

170 

34 

71,  122 

12 


245 
255 


INDEX. 


Officers  of  Insurance  Companies,  and  issues  of  policies,  relating  to 

"       of  Manufacturing  Corporations,  liabilities. 
Officers,  Police  and  Watchmen,  how  armed,    . 
Officers  of  State  Prison,  certain,  in  favor, 
Officers,  Town,  election  of  in  1864,  legalized. 
Old  Colony  Insurance  Company,  may  increase  Capital, 
"         "      and  Newport  Railway  Company,  may  cross  Streets   ir 

Fall  River,    ....... 

Orders  of  Notice  in  Probate  Courts,  concerning, 

Otis,  Town  of,  may  take  stock  in  Pittsfield  and  New  Haven  Railroad 

Company,      ....,., 
Overseers  of  Poor  of  Boston,  concerning, 

"  "       concerning  Returns  of,         . 

Oyster  Fishery  in  Somerset,  regulated, 


Page  25G 
150 

73 
335 
125 

50 

13 
246 

237 

82 

292 

22 


P. 

Pages  of  Legislature,  additional  Compensation  allowed,          .            .  336 

Papers,  Recording  of,  in  Registers  of  Probate,             ...  59 

Parish,  First,  in  Dorchester,  authorized  to  sell  real  estate,     .            .  -29 

"       Third,  of  Roxbury,  Name  of  society  changed,             .             .  12 

"       Trinity,  in  Milford,  incorporated,          ....  92 

Pauperism,  Boston  Society  for  Prevention  of,  increase  of  estate,       .  89 

Paymasters  of  Bounties  to  Volunteers,  Apartment  provided  for,       .  311 

Peddlers  and  Hawkers,  Licenses  of,  relating  to,           .             .   ,         .  95 

People's  Savings  Bank  in  Worcester,  incorporated,        .         .            .  241 

Perkins'  Institution  for  the  Blind,  appointment  of  Trustees,  .             .  GO 

"               "               "           "       in  favor,       ....  825 

Pierce,  Milton  P.,  in  favor,         ......  334 

Pittsfield  and  New  Haven  Railroad  Company,  charter  revived,           .  85 
"           "                "          Town  of  Becket  may 

take  stock  in,       .  236 
"           "                "          Town  of  Lee  may  take 

stock  in,    .             .  238 
"           "                 "           Town  of  Otis  may  take 

stock  in,  .             .  237 
"          "                "          Town    of    Sandisfield 

may  take  stock  in,  234 
"           "                 "          Town  of  Tolland  may 

take  stock  in,        .  243 

"        Town  of,  in  favor,       .            .            .             ,            .            .  322 

Plymouth  County  Commissioners  may  dispose  lands  in  Hull,              .  ■22 

"         Marine  Railway  Company,  incorporated,      .             .             .  118 

Police  Court  in  Chelsea,  salary  of  justice  established,            .            .  242 

"           "      in  Gloucester,  salary  of  justice  established,        ...  82 

"           "       in  Milford,  established,    .....  46 

"          "      in  Taunton,  Acts  respecting,  repealed,  .             .            .  148 

"          "      in  Worcester,  salary  of  clerk  established,          .            .  258 


INDEX. 


Police  Officers  and  "Watchmen,  how  armed,      ,  . 

Policies  of  Fire  Insurance,  form  of,      . 

"       of  Life  Insurance  assigned  married  women,  to  secure, 
Polls  and  Estates,  amendment  of  Act  establishing. 
Poor,  Overseers  of,  concerning  returns, 

"  "         *'    in  Boston,  concerning. 

Powder  "Works,  Mass.,  additional  to  Act  incorporating. 
Prison,  State,  in  favor  certain  officers  of,  . 

"  "       relating  to,  ....  . 

Prisoners,  Discharged  Female,  Temporary  Asylum  for,  incorporated 
Prisons,  Inspectors  of,  concerning,        .... 
Probate  Courts,  concerning  orders  of  notice  in,  .  . 

"       and  Insolvency,  judges  and  registers,  certain,  salaries  estab 

"       Registers  of,  record  of  certain  papers  authorized, 
Proctor,  Joseph  0.,  authorized  to  extend  wharf  in  Gloucester, 
Proof,  Burden  of,  in  certain  criminal  cases,  relating  to, 
Propeller  Company,  New  Bedford  and  New  York,  incorporated, 
Property  of  Commonwealth,  Valuation  provided  for,  . 
"  "  "of,  relating  to. 

Property,  unclaimed,  in  possession  of  Express  Companies,    . 
Proprietors  Congregational  Church  in  Grafton,  incorporated, 

"  Lyceum  Hall  and  Chapel  in  Marlborough,  incorporated, 

Provincetown  Harbor,  jurisdiction  over  lands  in,  ceded  United  States 
Public  Baths,  Town  of  "Woburn  may  establish. 
Public  Documents,  Annual  Abstract,  repeal  of  Act  relating  to, 
Punkapog  Indians,  Charlotte  E.  Myers,  in  favor, 
"  "        Sally  and  James  Burr, 

"  "        Rebecca  Davis,  in  favor,     . 


Page    73 

125 

126 

110 

292 

82 

81 

335 

290 

117 

297 

246 

268 

59 

13 

79 

11 

144 

329 

89 

33 

70 

50 

150 

252 

312 

312 

314 


Q. 

Questions  of  Law,  relative  to  hearing  of,  ...  .  73 

Quincy  Railroad  Company,  may  extend  track  and  construct  branch,  240 


E. 

Race  Grounds  and  Trotting  Parks,  relating  to,            .            .            .  43 
Railroad  Corporations  : 

Amherst,  Belchertown  and  Palmer,  concerning,            .            .  9 

Amherst  Branch,  Charter  revived,           ....  93 

Boston  and  Chelsea,  concerning  rate  of  fare,    .             .             .  246 
"         "           "       may  use    Metropolitan    and    Middlesex 

tracks,             .......  50 

Boston,  Hartford  and  Erie,  how  constructed  at  certain  points,  297 

Cambridge  and  the  Somerville  Horse,  concerning,        .             .  235 

Cape  Cod  Central,  time  for  construction  extended,        .            .  100 

"       "          "       Town  of  Brewster  may  hold  stock,              .  10 

Cliftondale,  Sale  of  road  in  certain  contingency,           .            .  85 

Dedham  and  "West  Roxbury,  concerning,           ...  98 


INDEX. 


Railroad  Corporations — Continued. 

Dighton  and  Somerset,  additional  to  Act  incorporating, 
Dorchester  and  Roxbury,  may  sell  franchise  and  property. 
East  Boston  Freight,  relating  to,  .  .  . 

Eastern,  may  straigliten  location  over  Merriraac  River, 
Eastern  and  the  Essex,  Act  concerning  revived, 
Fall  River  and  "Warren,  construction  of  Draw  in  Bridge  over 
Cole's  River, 
"         "         "  "        time  for  construction  extended, 

Fitchburg  and  Worcester,  may  issue  preferred  stock,  . 
Foxborough  Branch,  may  increase  Capital, 
Grand  Junction,  Bridge  over  Clielsea  Creek,  draw  in,  , 
Hanover  Branch,  Charter  revived,  ... 

Lexington  and  West  Cambridge,  may  sell  road, 
Lowell  Horse,  may  extend  tracks  into  Chelmsford  and  Dracut 
Mansfield  and  Somerset,  incorporated,  . 
Melrose  and  Soutli  Reading,  additional  to  Act  incorporating, 
"  "         "  "        may  construct  road  in  Reading, 

Metropolitan,  may  use  certain  tracks  of  Dedham  and  West 

Roxbury  road,  ..... 

Milford  and  Woonsocket,  location  and  construction  of  road. 
Mystic  River,  relating  to,  ...  . 

Nashua  and  Lowell,  may  cross  streets  in  Lowell, 
New  Bedford  and  Fall  River,  incorporated, 

"  *'         "     Taunton,  may  extend  track,  . 

New  London  Northern,  may  change  location  in  Palmer, 

"  "  "  may  unite  with  Amherst,  Belchertown 

and  Palmer  Company,  .... 

Newburyport,  may  construct  tracks  in  city, 

"  and  Amesbury  Horse,  incorporated, 

Old  Colony  and  Newport,  may  cross  streets  in  Fall  River, 
Pittsfield  and  New  Haven,  Charter  revived, 

"  "       *'  "      Town  of  Becket,  may  take  stock  in 

"  "       "  "  "        Lee,  may  take  stock  in, 

"  "        "  "  "  Otis,  may  take  stock  in, 

"  "       "  "  "  Sandisfield,     may      take 

stock  in, 

"  "       "  "  "         Tolland,  may  take  stock 

in, 
Quincy,  may  extend  track  and  construct  branch, 
Salem  and  South  Danvers,  may  extend  road,     . 
Somerville  Horse  and  the  Cambridge,  concerning. 
South  Danvers  and  Lynn,  incorporated, 
Springfield  and  Farmington  Valley,  location  and  construction 

"  "     Longmeadow,  Charter  revived. 

West  Cambridge  Horse,  concerning, 

Worcester  Horse,  may  increase  Capital  and  extend  tracks, 
Wrentham  Branch,  may  increase  Capital, 


Page    63 

17 

245 

154 

21 

205 

113 
13 
89 
77 
99 
94 

244 
53 

267 
94 

98 
3 

32 
172 
123 
246 
117 

9 
170 

30 

13 

85 

236 

238 

237 

234 

243 

240 

260 

235 

240 

71 

52 

86 

66 

130 


XX 


INDEX. 


Railroad  Commissioners,  Board  of,  Appointment  provided  for, 
"         Corporations,  Rights  of,  to  take  land, 
"        crossings  at  grade,  relating  to,  .  .  . 

"         Returns  and  Reports,  amendment  of  Act  concerning, 
"         Track,  Boston   and  Fairliaven  Iron  Works   may  build  in 
Fairhaven,  .... 

"  "      "Wm.  H.  Dunbar  may  build  in  Abington, 

Railroads  extending  into  other  States,  Reports  of  Commissioners, 
Railway  Company,  Eastern  Marine,  in  Provincetown,  incorporated 
"        Corporations,  Street,  concerning, 
"       Plymouth  Marine,  incorporated, 
Rainsford  Island  Hospital,  admission  of  certain  soldiers. 
Real  Estate  and  Building  Company,  may  purchase  additional  estate, 
"         "      of  Intestates  and  Wards,  Administrators  and  Guardians 
may  mortgage,  ..... 

"         "      Sale  of,  under  license  of  Court,  relating  to, 
Receivers  of  Insurance  Companies,  relating  to. 
Recording  of  Papers  in  Registries  of  Probate,  authorized, 
Records  of  Corporations  and  Returns  to  Assessors,  concerning, 
Recruiting,  Acts  of  'C3,  concerning,  amended, 

"  Towns  may  raise  money  for. 

Reform  School,  in  favor,  ..... 

"  "        Nautical  Branch,  concerning, 

"  "  "  "         purchase  of  vessel  authorized. 

Regimental  Flags  lost  or  worn  out  to  be  replaced, 
Registers  of  Probate  and  Insolvency,  certain,  salaries  established, 
Registries  of  Probate,  recording  of  papers  in,  authorized. 
Report  of  Bank  Commissioners,  time  for  making  changed,    . 
"       on  Ichnology,  Hitchcock's  Supplementary,  relating  to, 
"       Trustees  and  Corporations  to  make,  to  Secretary, 
Reports  of  cases  determined  in  S.  J.  Court,  purchase  and  distribution 
"        of  Commissioners  of  Railroads  extending  into  other  States 
concerning,  ...... 

"       and  Documents,  Annual  Abstract,  repeal  of  Act  relating  to, 
"       Railroad,  concerning,   ..... 

Representatives'  Hall,  concerning  Ventilation  of. 

Resolves,  when  to  be  in  force,   ..... 

Returns  of  Coroners,  concerning,  .... 

"        of  Corporations  to  Assessors,  concerning, 

"        of  certain  Corporations  to  State  Treasurer,  required, 

"        of  Inspectors  of  Gasmeters,  required, 

'*        of  Life  Insurance  Companies,  custody  of, 

*'        and  Reports,  Railroad,  Act  concerning,  amended, 

"        of  Sheriffs,  Keepers  of  Jails,  Houses  of   Correction   and 

Overseers  of  Poor,  concerning,   . 
"        for  Valuation  Committee,  to  provide, 
Rhode  Island  Boundary  Line,  copies  and  plans  to  be  procured. 
Rice,  Henry,  acts  as  justice  of  peace  confirmed, 


Page    96 

266 

96 

107 

83 

97 

264 

261 

155,  333 

118 

109 

15 


INDEX. 


Eice,  James,  acts  as  justice  of  peace  confirmed, 
Right  of  Suffrage  preserved  to  Soldiers  and  Sailors,.. 
Roads  and  Bridges,  belonging  to  Commonwealth,  relating  to. 
Rochester  and  Wareham,  Towns  of,  line  between,  established, 
Rockland  Bank,  increase  of  capital  authorized, 
Rollin  White  Arms  Company,  incorporated,     . 
Roxbury,  City  of,  may  fill  up  dock  at  Roxbury  Point,  . 

"        Horse  Guards,  in  favor, 

"        Reserve  Guard,  in  favor, 

"        Third  Parish,  name  of  Society  changed, 

s. 

Sabbath,  Observance  of,  concerning,     . 
Sailors,  Right  of  Suffrage  preserved  to. 
Salary  of  Clerk  of  Police  Court  of  Worcester  established, 
"       of  County  Commissioners,  relating  to, 
•'       of  Governor,  established, 
"      of  Jailer  in  Suffolk  County,  relating  to, 
"       of  Judges  and  Registers  of  Probate  and  Insolvencj'-,  certain 
"       of  Justice  of  Police  Court  in  Chelsea,  established,     . 
"      of  Justice  of  Police  Court  in  Gloucester,  established, 
"      of  Secretary,  Treasurer,  Auditor,  Adjutant- General,  certain 

clerks,  and  Messenger  of  Secretary, 
'*       of  Secretary  and  Agents  of  Board  of  Education,  established 
"       of  Sergeant-at-Arms,  and  Clerks  of  Legislature  and  Depart 
ments,  additional,    ..... 
Sale  and  Inspection  of  Milk,  relating  to,  ; 

"    of  Real  Estate  belonging  to  Commonwealth,  authorized, 
"  "  "      under  license  of  Court,  relating  to, 

"    of  Trust  Estates,  respecting,         .... 
Salem  Charitable  Mechanic  Association,  charter  revived, 

"      City  of,  for  supplying  with  pure  water,  .  .  .  , 

"       Savings  Bank,  Acts  of  corporation  confirmed, 
"       and  South  Danvers  Railroad  Company,  may  extend,    . 
Salisbury  and  Amesbury,  Towns  of,  united, 

Sandisfield,  Town  of,  may  take  stock  in  Pittsfield  and  N.  Haven  R.  R. 
Savings  Banks  : 

Amherst,  incorporated,    ..... 
Charlestown  Five  Cents,  may  hold  real  estate,  . 
Eliot  Five  Cents,  incorporated,  .... 
Ilopkinton,  incorporated,  .... 

North  Easton,  incorporated,        .... 
People's,  of  Worcester,  incorporated,    . 
Salem,  Acts  of  corporation  confirmed,  . 
Savings  Banks,  Annual  Meetings  of,  concerning, 

"  "       Investments  in  United  States  Bank  stocks  authorized 

Scholarships,  State,  concerning,  .... 

School,  State  Industrial,  duration  of  commitments,    . 
58 


Page  18 

92 

102 

d. 

102 

43 

21 

245 

339 

339 

12 

51 

92 

258 

257 

234 

253 

272 
62 

336 
79 

332 
88 
108 
120 
247 
77 
260 
113 
234 

84 

45 

8 

153 
12 

241 

77 

81 

3 

149 


INDEX. 


School,  State  Reform,  concerning,         .... 
"  "  "        aud  the  Nautical  Branch,  concerning, 

"  "  "        Nautical  Branch,  purchase  of  vessel, 

Schools,  Indian,  Chappequiddic,  Christiantown  &  Marshpee,  in  favor, 

"  "        Gay  Head,  in  favor,      .... 

Seamen  in  Naval  Service,  Bounty  and  Aid  to  Families, 
Second  Baptist  Society  in  Taunton,  may  change  name  and  hold  estate 
Secretary  of  Board  of  Education,  Salary  established. 
Secretary  of  Commonwealth,  Salary  for  1864  established, 

"  "  Compensation  of  Messenger,    . 

Seining  in  Marion  Harbor,  restricted,  .... 

"      in  Mattapoisett  Harbor,  regulated, 
Sergeant-at-Arms,  additional  compensation  allowed,   . 
Service  of  Civil  Process,  Compensation  of  officers  for  travel, 
Shad  Fishery  in  the  Connecticut  River,  to  protect, 
Sharon,  Town  of,  part  of  Stoughton  annexed  to, 
Sheep  and  other  Domestic  Animals,  for  protection  of, 
Sheriffs,  Returns  of,  concerning,  .... 

Sidewalks  in  the  City  of  Charlestown,  construction,    . 
Simpson's  Patent  Dry  Dock  Company,  may  build  Wharf, 
Slavery,  Abolishment  by  Constitutional  amendment  urged,    . 
Smith,  Walter  C,  in  favor,         ..... 
Snow,  Barnabas,  in  favor,  ..... 

Societies  : 

Boston,  Prevention  of  Pauperism,  additional  estate,     . 
Congregational,  in  First  Precinct,  Rehoboth,  acts  confirmed 

and  name  changed,   ..... 
Congregational,  Third  Parish  of  Roxbury,  name  changed, 
Father  Mathew  Mutual  Benevolent  Catholic  Total  Abstinence 

incorporated,  ..... 

First  Baptist,  in  Tyngsborough,  concerning. 
First  Congregational,  of  Jamaica  Plain,  Name  established, 
First  Universalist,  in  Boston,  may  sell  real  estate, 
Morning  Star  Beneficial,  incorporated,  ... 
Second  Baptist,  in  Taunton,  may  change  .name  and  hold  estate- 
Union,  in  East  Bridgewater,  relating  to, 
Winthrop  Street  Baptist,  in  Taunton,  name  established. 
Soldiers,  Allotments  and  Bounties,  payment  of,  secured  to,    . 
"         Discharged,  Home  for,  in  favor, 
"        Monuments  to.  Towns  may  raise  money  for, 
"         National  Cemetery,  in  favor, .... 
"        Right  of  Suffrage  preserved  to,  . 

"        Sick,  certain,  admission  to  Rainsford  Island  Hospital, 
Somerset,  Oyster  Fishery  in,  regulated, 
Somerville  Horse  Railroad  Company,  may  sell  road,  . 
South  Bay,  Harbor  Lines  in,  changed,  .... 
South  Danvers  and  Lynn  Street  Railway  Company,  incorporated. 
Special  Messages  of  Governor,  .... 


Page  335 

128 

327 

316 

320 

91,  146 

12 

62 

272 

336 

254 

243 

336 

255 

43 

77 

268 

292 

101 

16 


INDEX. 


XXIU 


Specie  Payments  by  Banks,  suspension  authorized,     . 
Springfield,  City  of,  supply  of  Water  for, 

"  "     Library  Association,  incorporated,   . 

"  and  Farmington  Valley  Railroad,  location  and  construe 

tion,      ...... 

"  and  Longmeadow  Railroad  Company,  Charter  revived, 

Staples,  Sylvanus,  may  build  Wharf  in  Taunton, 
State  Almshouse  at  Monson,  in  favor,  .... 

"  "  at  Tewksbury,,in  favor, 

*'  "  System,  concerning,  .... 

"     Arsenal,  drainage  of,  relating  to,  ... 

"     Charitable  Institutions,  support  of  lunatics  in,    . 

"     Industrial  School,  duration  of  commitments, 

"    Lunatic  Hospital  at  Northampton,  in  favor,        .    •        . 

"  "  "        at  Worcester,  in  favor, 

"     Prison,  certain  officers  of,  in  favor, 

"  "      relating  to,  ..... 

*'     Reform  School,  in  favor,  ..... 

"  "  "       and  Nautical  Branch,  concerning, 

"  "  "  "  "       purchase  of  vessel, 

"     Scholarships,  concerning,  .... 

Statutes,  General,  relative  to  publication  of,     . 
Steam  Propeller  Company,  New  Bedford  and  New  York,  incorpo 
rated,  ....... 

Steamship  Company,  American,  provisions  of  Act  '63,  extended, 
"  "  Boston  and  New  York,  incorporated,     . 

"  "         United  States,  extension  of  time  to, 

Stetson,  Philip,  may  extend  Wharf  in  Chatham, 
Stock  of  Corporations,  Tax  on  levied,  .... 

Stockbridge  Iron  Company,  relating  to,  .  .  . 

Stockholders  of  Manufticturing  Corporations,  liabilities  of,     . 

Story,  Amos  A.,  may  extend  Wharf  in  Gloucester, 

Stoughton,  part  of,  annexed  to  Sharon, 

Street  Lamps,  Fire  Districts  may  raise  money  for, 

Street  Railway  Corporations,  concerning. 

Street  Railway  Coupokations  : 

Boston  and  Chelsea,  may  use  tracks  of  Metropolitan  and  Mid- 
dlesex, 
"         "  "        rate  of  fare,  concerning,    . 

Cambridge  and  the  Somerville,  concerning, 
Cliftondale,  Sale  of  property  in  certain  contingency,  . 
Dedliam  and  West  Roxbury,  concerning, 
Dorchester  and  Roxbury,  ma^*  sell  franchise  and  property, 
Lowell,  may  extend  road  into  Chelmsford  and  Dracut, 
Melrose  and  South  Reading,  may  construct  road  in  Reading 

"  "         *'  "         Sale  of  road  authorized, 

Metropolitan  may  use  certain  tracks  of  Dedham  and  West 
Roxbury  road,  ...... 


Page  7 
103 
90 

71 

52 

76 

330 

316 

326 

316 

88 

265 

331 


290 
335 
128 
327 
149 
3U 

11 

88 

130 

100 

70 

131 

265 

150 

19 

77 

100 

155,  333 


50 

246 

235 

85 

98 

17 

244 

94 

267 

98 


INDEX. 


Street  Eailway  Corporations— Continued. 

Newburyport,  m.ay  construct  tracks  in  Newburyport, 
Newburyport  and  Amesbury,  incorporated, 
Salem  and  South  Danvers,  may  extend  road, 
Somerville  and  the  Cambridge,  concerning, 
South  Danvers  and  Lynn,  incorporated, 
West  Cambridge,  concerning, 
Worcester,  may  increase  capital  and  extend  tracks, 
Quincy,  may  extend  track  and  construct  ^ranch  road, 
Streets,  Certain,  in  Charlestown,  Acts  of  city  confirmed, 
SuflTolk  County,  Jail  fees  and  Salary  of  Jailer, 
Suffrage,  Eight  of,  preserved  to  soldiers  and  sailors,  . 
Supreme  Judicial  Court,  Reports,  purchase  and  distribution, 


Page  170 

30 

260 

235 

240 


Taunton,  City  of,  established,    . 

"        Municipal  Court  of,  established, 
"        Police  Court  of.  Acts  respecting,  repealed, 
"        Town  of,  required  to  rebuild  Weir  Bridge, 
Tax  of  $2,396,463,  apportioned  and  assessed, . 

"on  certain  Corporations,  levied,     . 
Taxation,  Fraudulent  evasions  of,  to  prevent,  . 
Taxes  for  the  several  counties  granted, 
"     for  '64,  relating  to  assessment,    . 
Taylor,  Rhoda  JVT.,  in  favor. 
Teachers'  Associations,  County,  Bounty  for  annual  meetings. 
Temporary  Asylum  for  Discharged  Female  Prisoners,  incorporated 
Theological  Library,  General,  incorporated,     . 
Third  Parish  of  Roxbury,  Name  of  Society  changed, 
Tolland,  Town  of,  may  take  stock  in  Pittsfield  and  New  Haven  Rail- 
road, ....... 

Total  Abstinence  Society,  Father  Mathew  Mutual  Benevolent  Catho 
lie,  incorporated,      ...... 

Town  Officers,  Elections  of  in  '64,  legalized,    . 
Towns  : 

Douglas  and  Uxbridge,  line  between  established, 
Gosnold,  incorporated,     ..... 

Merrimac,  incorporated,  ..... 

Rochester  and  Wareham,  line  between  established, 
Stoughton,  part  of,  annexed  to  Sharon,  ... 
Towns,  may  raise  money  for  Monuments,         ... 

"  "         "  "        "    Recruiting  purposes. 

Transportation  to  and  from  Martha's  Vineyard  Camp  Ground, 
Treasurer,  authorized  to  sell  certain  Estate,     . 

"         may  borrow  Money  in  Anticipation  of  Revenue,    . 

"  Salary  of,  and  First  Clerk,  for  '64, 

"         Second  Assistant  Clerk,  appointment  authorized,  . 


INDEX. 


XXV 


Trial  of  Issues  of  Fact,  Act  of  'C3  relating  to,  amended, 

Trial  Justices  not  having  taken  qualifying  oaths,  Acts  confirmed, 

Trinitarian  Society,  Union,  of  East  and  West  Bridgewater,    . 

Trinity  Parish  in  Milford,  incorporated, 

Tripp,  James  H.,  and  others,  may  extend  Wharf  in  Chatham, 

Troops  of  the  Commonwealth,  Rules  for  government  established, 

Trotting  Parks  and  Race  Grounds,  relating  to, 

Trout  Fishery  in  Marshpee,  to  protect. 

Trust  Estates  of  Married  Women,  concerning, 
"  "       respecting  sale  and  investment  of, 

Trustees  to  make  Return  to  Treasurer  of  Stocks  held, 
"        sale  of  Real  Estate  by,  under  license  of  Court, 
"        under  incorporation,  to  make  Annual  Report  to  Secretary 

Trusts  and  Trustees,  relating  to,  .  .  .  . 

Type  Setting  Machine  Company,  Name  changed, 


Page  148 
261 

24:2 

92 

ID 

272 

43 

94 

126,  255 

108 

132 

88 

233 

233 

153 


u. 

Unclaimed  property  in  possession  of  Express  Companies,  relating  to 

Union,  Boston  New  Church,  incorporated, 
"      Fund,  increased, 
*'       Society  in  East  Bridgewater,  relating  to, 

United  States  Banking  Associations,  relating  to, 

"  "      Jurisdiction  over  lands  in  Maiden,  ceded  to, 

"  "  "  "     Long  Point,  Provincetown   Harbor, 

ceded  to,        . 
"  "      Militia  in  service  of,  additional  pay  provided 

"  "      persons  in  Military  service  of,  depositions,  how  taken 

*'  "      Steamship  Company,  extension  of  time  to, 

Universalist  Society,  First,  in  Boston,  may  sell  estate, 

Uxbridge  and  Douglas,  Towns  of,  line  between  established, 


8!) 
7 

62 
242 
121 
259 

50 
170 
245 
100 
237 
112 


V. 

Valuation  Committee,  Compensation  of, 

.    **  •'  Returns  for,  to  provide, 

Valuation  of  Property  of  Commonwealth,  provided  for, 

"  "  "  relating  to, 

Vessel  for  Nautical  Branch  Reform  School,  purchase  authorized, 
Vice-Presidents  of  Insurance  Companies,  election  authorized, 
Volunteer  Militia,  Bounties  to,  additional  for  payment  of, 

"  "  "  "  enlisted  in  anticipation  of  future  calls 

"  "  "  "  provisions  of  Act  for  payment,  ex 

tended, 
"  "  "  *'  to  whom  paid  on  decease  of  person 

enlisting,  . 
"  "        certain  officers  and  soldiers,  in  favor, 

Volunteers,  Families  of,  additional  in  aid. 


337 
256 
144 
329 
327 
75 
24 
265 

44,  84 

54 

310 

23 


INDEX. 


W. 


Waltham,  Town  of,  in  favor,      .... 

Wards,  Guardians  may  mortgage  real  estate  of, 

Wareham  and  Rochester,  Towns  of,  line  between,  established, 

Warren  and  Charles  Eiver  Bridges  Fund,  relating  to, 

Washburn  Iron  Company,  incorporated, 

Washingtonian  Home,  in  favor, 

Washington  Home  Guard,  in  favor. 

Watchmen  and  Police  OflScers,  how  armed, 

Watchmen  at  the  State  House,  additional  compensation. 

Water,  Supply,  for  City  of  Boston,  additional  Act, 

"  "  "  "     Charlestown,  additional  Act, 

"  "  "  "     Salem, 

"  "  "  "     Springfield,  additional  Act, 

"  "  "  "     Worcester, 

Water  Company,  North  Adams,  Acts  incorporating,  and  in  aid 
Weir  Bridge  in  Taunton,  Town  required  to  rebuild,    . 
Wellfleet  Marine  Insurance  Company,  incorporated,  . 
West  Cambridge  Horse  Railroad  Company,  concerning, 
AVestfield  Athenasum,  incorporated, 
Wetherbee,  Abel,  in  favor  of  family,    . 
Wharf  in  Amesbury,  Abner  L.  Bayley  may  extend,    . 

"         Chatham,  James  H.  Tripp,  and  others,  may  extend. 

"  "         Luther  Eldridge  and  Philip  Stetson,  may  extend, 

"        East  Boston,  Simpson's  Patent  Dry  Dock  Company,  may 
build,        ..... 

"        Gloucester,  Amos  A.  Story,  may  extend,     . 

"  "  Joseph  O.  Proctor,  may  extend, 

"                  "          William   H.   and    Lemuel   Friend,   Jr.,   may 
build, 

"        Taunton,  Sylvanus  N.  Staples  and  another,  may  build, 
Wliarf  Company,  Grand  Junction,  incorporated, 
Wheat  Company,  American,  incorporated. 
White,  Oramel,  acts  as  Justice  of  Peace,  confirmed,  . 
"White,"  word   stricken   from   Statutes,  as  eligibility  to  military 

office,  ....... 

Whitman  and  Miles  Manufacturing  Company,  incorporated, 
Wilson,  Benjamin  H.,  in  fiivor,  .... 

Winchester,  Fisheries  in,  relating  to,    . 

Winthrop  Street  Baptist  Society  in  Taunton,  Name  established 

Witnesses,  relating  to,   . 

AVoburn,  Town  of,  may  establish  public  baths. 

Women,  Married,  policies  of  Life  Insurance  assigned  for  benefit  of, 

"  "        Trust  Estates  of,  concerning. 

Wood,  William  H.,  acts  as  Justice  of  the  Peace  confirmed,  . 
Woollen  Company,  Hyde  Park,  increase  of  Capital  authorized 

"  "  Merchants',  may  increase  Capital, 


Page  314 
146 
102 
242 

20 
324 
338 

73 
322 
253 
112 
247 
103 

67 

71,  122 

119 

54 


57 
19 
70 

16 
19 
13 

14 

76 

254 

129 

116 

12 
234 
329 

172 

12 
291 
150 
126 
126,  255 
45 
15 
49 


INDEX.  xxvii 

Worcester,  City  of,  Engineers  of  Fire  Department,  election  of,         .  Page    42 

"                "      in  favor,      ......  328 

"                "      supply  of  water  for,           ....  67 

"         Horse  Railroad  Company,  may  increase   Capital  and  ex- 
tend,     .......  66 

"         Police  Court  in.  Salary  of  Clerk  established,        .             .  258 

"Wrentham  Branch  Railroad  Company,  may  increase  Capital,            .  130 

"Writs  of  Entry,  relating  to,       .            .             .            .            .            .  289 


Zoology,  Museum  of,  relating  to.