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

ACTS 



RESOLVES 



PASSED BY THE 



^encnil €mxt at '^uut\\mtis, 



IN THK YEAR 



18 6 5, 



TOGETHER WITH 

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

ETC., ETC., ETC. 



PUBLISHED BY THE 

SECRETARY OF THE COMMONWEALTH. 




BOSTON: 

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

18 65. 



A CONSTITUTION 



FORM OF GOVERNMENT 



^flmmontoalt^ of Uassat^usttts. 



PREAMBLE. 

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

The body politic is formed by a voluntary association of Body pontic, how 
individuals : it is a social compact, by which the whole people i°ta™lture. 
covenants with each citizen, and each citizen with the whole 
people, that all shall be governed by certain laws for the com- 
mon good. It is the duty of the people, therefore, in fram- 
ing a constitution of government, to provide for an equitable 
mode of making laws, as well as for an impartial interpreta- 
tion and a faithful execution of them ; that every man may, 
at all times, find his security in them. 

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



CONSTITUTION. 

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



PART THE FIRST. 



Protection there- 



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

nauTrii^ ri ^ht*^ '^^^' ^' -^^ ^^®^^ ^"^^ borii frcc aud equal, and have cer- 
cf all men. tain natural, essential and unalienable rights ; among which 
may be reckoned the right of enjoying and deifending their 
lives and liberties ; that of acquiring, possessing and pro- 
tecting property ; in fine, that of seeking and obtaining their 
safety and happiness, 
of^^ubuc^ re"i'^ ^^' ^^ ^^ ^^^^ right as well as the duty of all men in society, 
ious worship. publicly, and at stated seasons, to worship the Supreme 
Being, the great Creator and Preserver of the imiverse. 
And no subject shall be hurt, molested or restrained, in his 
person, liberty or estate, for worshipping God in the manner 
and season most agreeable to the dictates of his own con- 
science ; or for his religious profession or sentiments ; pro- 
vided he doth not disturb the public peace, or obstruct others 
in their religious worship. 

Amendment,Art. [III.* As the happiness of a people, and the good order and preserva- 

f^^ th^^^^'"''^'''^'^ ^^^^^ °^ ^^^^^ government, essentially depend upon piety, religion and 

morality ; and as these cannot be generally diffused through a community, 

but by the institution of the public worship of God, and of public instruc- 

Legisiature em- tions in piety, religion and morality ; Therefore, to promote their happi- 

perpn)visioa°for ^i^ss, and to secure the good order and preservation of their Government, 

public worship ; the people of this Commonwealth have a right to invest their legislature 

with power to authorize and require, and the legislature shall, from time 

to time, authorize and require the several towns, parishes, precincts, and 

other bodies politic, or religious societies, to make suitable provision, at 

their own expense, for the institution of the public worship of God, and 

for the support and maintenance of public Protestant teachers of piety, 

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

voluntarily. 

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



CONSTITUTION. 5 

And the people of this Commonwealth have also a right to, and do, and to enjoin at- 
invest their legislature with authority to enjoin upon all the subjects an ^^"'^'''nce there- 
attendance upon the instructions of the public teachers aforesaid, at stated 
times and seasons, if there be any on whose instructions they can consci- 
entiously and conveniently attend. 

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

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

And every denomination of Christians, demeaning themselves peace- All denomina- 
ably, and as good subjects of the Commonwealth, shall be equally under tions equally pro- 
the protection of the law : and no subordination of any one sect or denom- Subordination of 
ination to another shall ever be established by law.] one sect to anoth- 

er prohibited. 

lY. The people of this Commonwealth have the sole and Right of seif-gov- 

1 • • \ 1 n -J.! 1 /> • ernment secured. 

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

V. All power residing originally in the people, and being Accountability of 
derived from them, the several magistrates and officers of *'^ °®'=^"' *^''- 
government, vested with authority, whether legislative, exec- 
utive or judicial, are their substitutes and agents, and are at 
all times accountable to them. 

YI. No man, nor corporation or association of men, have Services rendered 
any other title to obtain advantages, or particular and exclu- fng the^oni'y'ti^tie" 
sive privileges, distinct from those of the community, than f° es*" heredull'' 
what arises from the consideration of services rendered to offices are absurd 
the public ; and this title being in nature neither hereditary, '"''^ "°»>a'u'^ai. 
nor transmissible to children or descendants, or relations by 
blood, the idea of a man born a magistrate, lawgiver or judge, 
is absurd and unnatural. 

YII. Government is instituted for the common good ; for objects of gov- 
the protection, safety, prosperity and happiness of the people ; of""'p°eopie"^to 
and not for the profit, honor or private interest of any one chang^e'it ^"'^ 
man, family or class of men : Therefore the people alone 
have an incontestable, unalienable and indefeasible right 
to institute government ; and to reform, alter or totally 
change the same, when their protection, safety, prosperity 
and happiness require it. 

YIII. In order to prevent those who are vested with Right of people 
authority from becoming oppressors, the people have a right i^roffi"e!'°'*"°" 
at such periods and in such manner as they shall establish 



6 CONSTITUTION. 

by their frame of government, to cause their public officers 
to return to private life ; and to fill up vacant places by cer- 
tain and regular elections and appointments. 
All, having IX. All clcctions ouglit to be free ; and all the inhabitants 

prescrU)ed!equri- of tliis Commonwcalth, liaviug such qualifications as they 
^y^eiigibie to of- gi^Q^^ establish by their frame of government, have an equal 
right to elect officers, and to be elected, for public employ- 
ments. 
Right of protec- X. Eacli individual of the society has a right to be pro- 
contHbution'cor- tcctcd by it iu thc cnjoymcnt of his life, liberty and property, 
relative. accordiug to standing laws. He is obliged, consequently, to 

contribute his share to the expense of this protection ; to give 
Taxation found- liis pcrsoual scrvicc, or an equivalent, when necessary : but 
ed on consent. ^^ ^^^^ ^^ ^l^^ property of any individual can, with justice, 
be taken from him, or applied to public uses, without his own 
consent, or that of the representative body of the people. In 
fine, the people of this Commonwealth are not controllable 
by any other laws than those to which their constitutional 
Private property representative body have given their consent. And when- 
fo°r puwfc '^us^es ©vcr the public exigencies require that the property of any 
without, &c. individual should be appropriated to public uses, he shall 

receive a reasonable compensation therefor. 
Remedies by re- XI. Evcry subjcct of tlic Commonwcalth ought to find 
to"brfree,^comI a Certain remedy, by having recourse to the laws, for all 
piete and prompt, iiy^ij-igg qj. wrougs wliicli lie may receive in his person, 
property or character. He ought to obtain right and justice 
freely, and without being obliged to purchase it ; completely, 
and without any denial ; promptly, and without delay, 
conformably to the laws. 
Prosecutions reg- XII. No subjcct sliall bc held to auswcr for any crimes 
uiated. ^^, offence until the same is fully and plainly, substantially 

and formally, described to him ; or be compelled to accuse, 
or furnish evidence against himself: and every subject shall 
have a riglit to produce all proofs that may be favorable to 
him ; to meet the witnesses against him face to face, and to 
be fully heard in his defence by himself, or his counsel, at 
his election. And no subject shall be arrested, imprisoned, 
despoiled or deprived of his property, immunities or privi- 
leges, put out of the protection of the law, exiled or deprived 
of his life, liberty or estate, but by the judgment of his peers, 
or the law of the land. 
Right to trial by And thc legislature shall not make any law that shall sub- 
iases,e°xcep"&e! .jcct auy pcrsou to a Capital or infamous punishment, except- 
ing for the government of the army and navy, without trial 

by jury- 



CONSTITUTION. 7 

XIII. In criminal prosecutions, the verification of facts, crimes to be 

1 ... , ^1 -I • jij^i j.i proved m the 

ni the vicniity where they happen, is one ot the greatest Yicimty. 
securities of the life, liberty and property of the citizen. 

XIV. Every subiect has a ridit to Ue secure from all R's^it .of search 

,,•' ,•' ,. o ■> • 1 • 1 *nd seizure regu- 

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

XV. In all controversies concerning property, and in all Right to trial by 
suits between two or more persons, except in cases in which iep^, &"" ' *^' 
it has heretofore been otherways ■ used and practised, the 

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

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

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

civil authority, and be governed by it. 

XVIII. A frequent recurrence to the fundamental prin- Moral quaiisca- 
ciples of the constitution, and a constant adherence to those 

of piety, justice, moderation, temperance, industry and fru- 
gality, are absolutely necessary to preserve the advantages 
of liberty, and to maintain a free government. The people 
ought, consequently, to have a particular attention to all 
those principles, in the choice of their officers and represen- Moral obligations 
tatives : and they have a right to require of their lawgivers mag^iSes! ^^ 
and magistrates, an exact and constant observance of them, 
in the formation and execution of the laws necessary for the 
good administration of the Commonwealth. 

XIX. The people have a right, in an orderly and peace- Right of people 
able manner, to assemble to consult upon the common good ; sentauvef "^"and 
give instructions to their representatives, and to request of the [„Jg'°'^ les'tsia.. 
legislative body, by the way of addresses, petitions or remon- 



8 CONSTITUTION. 

strances, redress of the wrongs done them, and of the 
grievances they suffer. 
Power to suspend ^X. Tho powor of susoending the laws, or the execution 

the laws or their „,, ^i, ^, ° ' t t , t n t • i 

execution. 01 thc laws, ought ncvcr to DC exercised but by the legisla- 
ture, or by authority derived from it, to be exercised in such 
particular cases only as the legislature shall expressly pro- 
vide for. 
Freedom of de- XXI. Tlic frcedom of deliberation, speech and debate, in 
re^s^on thereof." citlicr liousc of tlic Icgislaturc, is so essential to the rights of 
the people, that it cannot be the foundation of any accusa- 
tion or prosecution, action or complaint, in any other court 
or place whatsoever. 
Frequent ses- XXII. Tlic Icgislaturc ouglit frequently to assemble for 
jicts'thereof." " tlic rcdrcss of grievaiiccs, for correcting, strengthening and 
confirming the laws, and for making new laws, as the 
common good may require. 
Taxation found- XXIII. No subsidy, cliargc, tax, impost or duties, ought 
ed on consent. ^^ |^^ established, fixed, laid or levied, under any pretext 
whatsoever, without the consent of the people, or their 
representatives in the legislature. 
Exposifactouws XXIY. Laws luadc to punish for actions done before the 
prohi ite . existence of such laws, and which have not been declared 
crimes by preceding laws, are imjust, oppressive and incon- 
sistent with the fundamental principles of a free government. 
Legislature not XXV. No subjcct ouglit, ill aiiy casc, or in any time, to 
treason" &*c'. ° bc dcclarcd guilty of treason or felony by the legislature. 
Excessive bail or XXVI. No magistrate or court of law shall demand 
punishmentrpro- cxcessivc bail or sureties, impose excessive fines, or inflict 
hibited. cruel or unusual punishments. 

No soldier to be XXVII. Ill tiuic of pcacc, 110 soldicr ought to be quar- 

house!un1eTs,&c^ tcrcd iu any house without the consent of the owner ; and in 

time of war, such quarters ought not to be made but by the 

civil magistrate, in a manner ordained by the legislature. 

Citizens exempt XXVIII. No pcrsoii caii ill aiiy case be subjected to law- 

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

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

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

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

couh! J"*^""*^ every individual, his life, liberty, property and character, 

that there be an impartial interpretation of thc laws, and 

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

be tried by judges as free, impartial and indep3iident as the 

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

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

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

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



CONSTITUTION. 9 

selves well, and that they should have honorahlc salaries salaries. 
ascertained and established by standing laws. 

XXX. In the government of this Commonwealth, the separation of ex- 
legislative department shall never exercise the executive and iegisiative 
and judicial powers, or either of them : the executive shall '^''p'^''^"^^"*^- 
never exercise 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 government of laws, and not of men. 



PART THE SECOND. 

Tlie Frame of Government. 

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



CHAPTER I. 

the legislative power. 
SECTION I. 

Tlie General Court. 

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

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

II. No bill or resolve of the senate or house of represen- QoTemor's veto, 
tatives shall become a law, and have force as such, until it 
shall have been laid before the governor for his revisal ; and 
if he, upon such revision, approve thereof, he shall signify 
liis approbation by signing the same. But if he have any 
2 



10 CONSTITUTION. 

objection to the passing of such bill or resolve, he shall return 
the same, together with his objections thereto, in writing, to 
the senate or house of representatives, in whichsoever the 
same shall have originated, who shall enter the oljjections 
sent down by the governor, at large, on their records, and 
Bill may be pass- procccd to rcconsidcr the said bill or resolve ; but if, after 
of each^'*house^ sucli rcconsidcration, two-thirds of the said senate or house 
notwithstanding. ^^ representatives shall, notwithstanding the said objections, 
agree to pass the same, it shall, together with the objections, 
be sent to the other branch of the legislature, where it shall 
also be reconsidered, and if approved by two-thirds of the 
members present, shall have the force of a law : but in all 
such cases, the votes of both houses shall be determined by 
yeas and nays ; and the names of the persons voting for or 
against the said bill or resolve, shall be entered upon the 
public records of the Commonwealth. 
See amendments, And iu ordcr to prcvcut unncccssary delays if any bill or 
resolve shall not be returned by the governor within five days 
after it shall have been presented, the same shall have the 
force of a law. 
General court HI. Tlic gcucral court sliall forcvcr have full power and 
judicatories,' " " authority to erect and constitute judicatories and courts of 
courts of record, pgQord, Or otlicr courts, to be held in the name of the Common- 
wealth, for the hearing, trying and determining of all manner 
of crimes, offences, pleas, processes, plaints, actions, matters, 
causes and things, whatsoever, arising or happening within 
the Commonwealth, or between or concerning persons inhab- 
iting or residing, or brought within the same ; whether the 
same be criminal, or civil, or whether the said crimes be 
capital or not capital, and whether the said pleas be real, 
Courts, &c., may pcrsoual or mixcd ; and for the awarding and making out of 
administer oat s. g^g^^^^JQ^^ tlicreupon c to wliicli courts and jvidicatories are 
hereby given and granted full power and authority, from 
time to time, to administer oaths or affirmations, for the 
better discovery of truth in any matter in controversy, or 
depending before them. 
General court IV. Aiid furtlicr, full powcr aud authority are hereby 
may enact laws, g^y^j^ r^j^(j granted to the Said general court, from time to 
time, to make, ordain and establish all manner of wholesome 
and reasonable orders, laws, statutes and ordinances, direc- 
tions and instructions, either with penalties or without, so as 
not repugnant to tlic samc be uot rcpugiiant or contrary to this constitution, 
*^'^°"^'"'°°' as they shall judge to be for the good and welfare of this 
Commonwealth, and for the government and ordering there- 
of, and of the subjects of the same, and for the necessary 
support and defence of the government thereof ; and to name 



CONSTITUTION. 11 

and settle annually, or provide by fixed laws, for the naming ^^J e''iection ^or 
and settling, all civil officers within the said Commonwealth, appointment of 
the election and constitution of whom are not hereafter in ° ''"^' 
this form of government otherwise provided for ; and to set prescribe their 
forth the several duties, powers and limits, of the several 
civil and military officers of this Commonwealth, and the 
forms of such oaths, or affirmations as shall be respectively 
administered unto them for the execution of their several 
offices and places so as the same be not repugnant or con- 
trary to this constitution; and to impose and levy proper- ™pose taxes; 
tional and reasonable assessments, rates and taxes, upon all 
the inhabitants of, and persons resident, and estates lying, 
within the said Commonwealth ; and also to impose and levy duties and ex- 

C1S6S * 

reasonable duties and excises upon any produce, goods, 

wares, merchandise and commodities whatsoever, brought 

into, produced, manufactured, or being within the same ; to tobe disposed of 

be issued and disposed of by warrant, under the hand of the tection, &c! 

governor of this Commonwealth for the time being, with the 

advice and consent of the council, for the public service, in 

the necessary defence and support of the government of the 

said Commonwealth, and the protection and preservation 

of the suljjects thereof, according to such acts as are or shall 

})Q in force within the same. 

And while the public charges of government, or any part valuation of es- 

-*■ *j o / •/ 1 ta-tes 0DC6 lu ten. 

thereof, shall be assessed on polls and estates, in the manner years, at least, 
that has hitherto been practised, in order that such assess- ^'"'^' ^'^' 
ments may be made with equality, there shall be a valuation 
of estates within the Commonwealth, taken anew once in 
every ten years at least, and as much oftener as the general 
court shall order. 



CHAPTER I. 

SECTION II. 

Senate. 

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



and XV. 



12 CONSTITUTION. 

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

Suifolk, six ; Essex, six ; Middlesex, five ; Hampshire, four ; Plymouth, 
three ; Barnstable, one ; I3ristol, three ; York, two ; Dukes county and 
Nantucket, one ; Worcester, five ; Cumberland, one ; Lincoln, one ; 
Berkshire, two.] 

ofXosingVJnT II. The Senate shall be tlie first branch of the legisla- 
tors and council- i^i^G ; [aiid tlic sGnators shall be chosen in the following 
manner, viz. : there shall be a meeting on the first Monday 

See amendments, • i m n f n n • ^ i -i j n i i 

Artsii.,x.,xiv. m April, annually, lorever, oi the mhabitants oi each town 
in the several counties of this Commonwealth, to be called 
by the selectmen, and warned in due course of law, at least 
seven days before the first Monday in April, for the purpose 

See amendments, of elcctiiig pcrsous to bc sciiators and councillors ; and at 

Arts. III., XX., , ° ^ 1 • 1 1 • f. o 

xxiii. &XXVI. such meetings every male iniiabitant oi twenty-one years oi 
age and upwards, having a freehold estate, within the Com- 
monwealth, of the annual income of three pounds, or any 
estate of the value of sixty pounds, shall have a right to give 
in his vote for the senators for the district of which he is an 

word^^ "inhab- inhabitant.] And to remove all doubts concerning the mean- 
ing of the word " inhabitant," in this constitution, every 
person shall be considered as an inhabitant, for the purpose 
of electing and being elected into any office or place within 
this State, in that town, district or plantation where he 
dwelleth or liath his home. 

Selectmen to pre- The sclectmeii of tlic scvcral towns shall preside at such 

side at town meet- ,• • j.- n i i n • xi j. i? ii ^i 

ings. meetnigs impartially, and shall receive the votes oi all the 

inhabitants of such towns, present and qualified to vote for 
senators, and shall sort and count them in open town meet- 
ing, and in presence of the town clerk, who shall make a 
Return of votes, fair rccord, in presence of the selectmen, and in open town 
meeting, of the name of every person voted for, and of the 
number of votes against his name ; and a fair copy of this 
record shall be attested by the selectmen and the town clerk, 
and shall be sealed up, directed to the secretary of the 
Commonwealth, for the time being, with a superscription 
See amendments, oxprcssiiig the purport of tlic coiiteiits thcrcof, and delivered 
Art. II. 1^^ ^Y^^ town clerk of such towns, to the sheriff of the county 

Amendments, in wliicli sucii towii lics, thirty days at least before [the last 
Wednesday in May, annually ; or it shall l)e delivered into 



CONSTITUTION. . 13 

tlie secretary's office seventeen days at least before the said 
last Wednesday in May ; and the sheriff of each county shall 
deliver all such certificates, by him received, into the secre- 
tary's office, seventeen days before the said last Wednesday 
in May.] 

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

III. And that there may be a due convention of senators Governor and 
[on the last Wednesday in May,] annually, the governor, amine and coiint 
with five of the council, for the time being, shall, as soon as Jummonsel'^^"^ 
may be, examine the returned copies of such records ; and ^ 

n 1 If 1 •!! Tin- !• See amendments, 

lourteen days betore the said day, he shall issue Ins summons Art. x. 
to such persons as shall appear to be chosen by a majority of 
voters, to attend on that day, and take their seats accord- 
ingly ; [provided, nevertheless, that for the first year, the 
said returned copies shall be examined by the president and 
five of the council of the former constitution of government ; 
and the said president shall, in like manner, issue his sum- 
mons to the persons so elected, that they may take their 
seats as aforesaid.] 

IV. The senate shall be the final judge of the elections, senate to be 
returns and qualifications of their own members, as pointed elections"' ^^&c!, 
out in the constitution ; and shall, on the said [last Wednes- H^',' °^° '^''^- 
day in May,] annually, determine and declare who are elected 

by each district to be senators, [by a majority of votes: and see amendments, 
in case there shall not appear to be the full number of sena- and xxiv. "^^^^ 
tors returned, elected by a majority of votes, for any district, 
the deficiency shall be supplied in the following manner. 



14 CONSTITUTION. 

^cancies, how yiz. : TliG members of the house of representatives, and such 
senators as shall be declared elected, shall take the names of 
such persons as shall be found to have the highest number 
of votes in such district, and not elected, amounting to twice 
the number of senators wanting, if there be so many voted 
for ; and out of these, shall elect by ballot a number of sen- 
ators sufficient to fill up the vacancies in such district ; and 
in this manner all such vacancies shall be filled up in every 
district of the Commonwealth ; and in like manner all 
vacancies in the senate, arising by death, removal out of the 
. State or otherwise, shall be supplied as soon as may be after 
such vacancies shall happen.] 
Qualifications of Y. Providcd, nevertheless, that no person shall be capa- 
seeamen'dments, blc of bciug clcctcd as a scuator, [who is not seized in his 
Arts.^ XIII. and ^^^^ right of a frceliold, within this Commonwealth, of the 
value of three hundred pounds at least, or possessed of per- 
sonal estate of the value of six hundred pounds at least, or 
of both to the amount of the same sum, and] who has not 
been an inhabitant of this Commonwealth for the space of 
five years immediately preceding his election, and, at the 
time of his election, he shall be an inhabitant in the district 
for which he shall be chosen. 
Senate not to ad- VI. Tlic seiiatc sliall liavc powcr to adjourn themselves; 
tXda^s"'^^ '*° provided such adjournments do not exceed two days at a 

time. 
Shall choose its VII. Tlic scuate sliall choose its own i^resident, appoint 
tfbush its^'iuiesi its own officcrs, and determine its own rules of proceedings. 
Shall try all im- VIII. Tlic scnatc sliall be a court, with full authority to 
peac men s. \^q^y and determine all impeachments made by the house of 
representatives, against any officer or officers of the Com- 
monwealth, for misconduct and mal-administration in their 
Oath. offices : but, previous to the trial of every impeachment, the 

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

tion to hold or enjoy any place of honor, trust or profit, 
under this Commonwealth : but the party so convicted shall 
be, nevertheless, liable to indictment, trial, judgment and 
pmiishment, according to the laws of the land. 
Quorum. jx. Not Icss tliau sixtecii members of the senate shall 

constitute a quorum for doing business. 



CONSTITUTION. ^ 15 

CHAPTER I. 

SECTION III. 

House of Representatives. 

Art. I. There shall be, in the legislature of this Com- Jj^y^^'^®"/*"'*''"^ 
moiiwcalth, a representation of the people, annually elected, 
and founded upon the principle of equality. 

[II. And in order to provide for a representation of the citizens of Representatives, 
this Commonwealth, founded upon the principle of equality, every cor- by whom chosen, 
porate town, containing one hundred and fifty ratable polls, may elect see amendments, 
one representative ; every corporate town, containing three hundred and Arts. xii.,xill. 
seventy-five ratable polls, may elect two representatives ; every corporate 
town, containing six hundred ratable polls, may elect three representa- 
tives ; and proceeding in that manner, making two hundred and twenty- 
five ratable polls the mean increasing number for every additional repre- 
sentative. 

Provided, nevertheless, that each town now incorporated, not having Proviso as _ to 
one hundred and fifty ratable polls, may elect one representative ; but no Jes^'^than^'lSO 
place shall hereafter be incorporated with the privilege of electing a ratable polls, 
representative, unless there are within the same one hundred and fifty 
ratable polls.] 

And the house of representatives shall have power, from Towns liawe to 
time to time, to impose fines upon such towns as shall neglect °^ '° *"^^' 
to choose and return members to the same, agreeably to this 
constitution. 

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

, . ^1 . ° . ° -, 1 11 ellingtoandfrom 

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

III. Every member of the house of representatives shall Qualifications of 
be chosen by written votes ; [and, for one year at least next see amendments.' 
preceding his election, shall have been an inhabitant of, and aMxxi"'^^^' 
have been seized in his own right of a freehold of the value 
of one hundred pounds, within the town he shall be chosen 
to represent, or any ratable estate to the value of two hun- 
dred pounds ; and he shall cease to represent the said town, 
immediately on his ceasing to be qualified as aforesaid.] 

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



16 „ CONSTITUTION. 

Representatives, [V. The members of the house of representatives shall be chosen 
when chosen. annually in the month of May, ten days at least before the last Wednes- 

See amendments, , ^ •', ■, -, 

Arts. X. and XV. day 01 that month.J 

House alone can VI. TliG liousG of representatives shall be the grand 

impeach. inqucst of this Commonwealth ; and all impeachments made 

by them shall be heard and tried by the senate. 
House to origi- VII. All moncy bills shall originate in the house of 
hius. *" """"^^ representatives ; but the senate may propose or concur with 

amendments, as on other bills. 
Not to adjourn VIII. The liousc of representatives shall have power to 
d'ay?at*a'«me^° adjoum thcmselves ; provided such adjournment shall not 

exceed two days at a time. 

Quorum. [IX. Not less than sixty members of the house of repreaentatives shall 

See amendments, constitute a quorum for doing business.] 

House to judge of X. The housG of representatives shall be the judge of 
its'own^m^bersf the rctums, elcctious and qualifications of its own members, 
to choose its offi- g^g pointed out in the constitution : shall choose their own 
its rules, &c. Speaker, appoint then- own onicers, and settle the rules and 
certairoffences""^ ordcrs of proceeding in their own house. They shall have 
authority to punish by imprisonment, every person, not a 
member, who shall be guilty of disrespect to the house, by 
any disorderly or contemptuous behavior in its presence ; or 
who, in the town where the general court is sitting, and 
during the time of its sitting, shall threaten harm to the 
body or estate of any of its members, for anything said or 
done in the house ; or who shall assault any of them there- 
for ; or who shall assault or arrest any witness, or other 
person, ordered to attend the house, in his way in going or 
returning ; or who shall rescue any person arrested by the 
order of the house. 
Privileges of And uo member of the house of representatives shall be 
members. arrcstcd, or held to bail on mean process, during his going 

unto, returning from, or his attending, the general assembly. 
Governor and XL Tlic scuatc sliall havc tlic samc powers in the like 
puS """^ cases ; and the governor and council shall have the same 
General limita- authority to puuisli iu likc cases : provided, that no impris- 
*'°°" onment, on the warrant or order of the governor, council, 

senate or house of representatives, for either of the above 
described offences, be for a term exceeding thirty days. 
Trial may be by And tlic scuatc and liousc of representatives may try and 
otheS^' °' determine all cases where their rights and privileges are 
concerned, and which, by the constitution, they have author- 
ity to try and determine, by committees of their own mem- 
bers, or in such other way as they may, respectively, think 
best. 



CONSTITUTION. 17 

CHAPTER II. 

EXECUTIVE POWER. 
SECTIONl. 

Governor. 

Art. I. There shall be a supreme executive magistrate, Governor. 
who shall be styled — The Governor op the Commonwealth 
OF Massachusetts ; and whose title shall be — His Excel- nis tuie. 

LENCY. 

II. The governor shall be chosen annually ; and no per- to be chosen an- 
son shall be eligible to this office, unless, at the time of his Quaiweationa. 
election, he shall have been an inhabitant of this Common- 
wealth for seven years next preceding ; and unless he shall, 
at the same time, be seized, in his own right, of a freehold, 
within the Commonwealth, of the value of one thousand 
pounds ; [and unless he shall declare himself to be of the see amendments, 

. . . . Art VII 

Christian religion.] 

[in. Those persons ■who shall be qualified to vote for senators and By whom chosen, 
representatives, within the several towns of this Commonwealth, shall, at jf hehaveama- 
a meeting to be called for that purpose, on the first Monday of April, ^°" y o ^o es. 
annually, give in their votes for a governor, to the selectmen, who shall see amendments 
preside at such meetings ; and the town clerk, in the presence and with Arts.ii.,x.,xiv. 
the assistance of the selectmen, shall, in open town meeting, sort and '^"'^ ■^^• 
count the votes, and form a list of the persons voted for, with the number 
of votes for each person against his name ; and shall make a fair record 
of the same in the town books, and a public declaration thereof in the said 
meeting ; and shall, in the presence of the inhabitants, seal up copies of 
the said list, attested by him and the selectmen, and transmit the same to 
the sheriiF of the county, thirty days at least before the last Wednesday 
in May ; and the sheriff shall transmit the same to the secretary's office, 
seventeen days at least before the said last Wednesday in May ; or the 
selectmen may cause returns of the same to be made, to the office of the 
secretary of the Commonwealth, seventeen days at least before the said 
day ; and the secretary shall lay the same before the senate and the house 
of representatives, on the last Wednesday in May, to be by them exam- 
ined ; and in case of an election by a majority of all the votes returned, 
the choice shall be by them declared and published ; but if no person shall jjo^ chosen 
have a majority of votes, the house of representatives shall, by ballot, elect when no person 
two out of four persons, who had the highest number of votes, if so many ^*^ ^ majority, 
shall have been voted for ; but, if otherwise, out of the number voted for ; 
and make return to the senate of the two persons so elected ; on which, 
the senate shall proceed, by ballot, to elect one who shall be declared 
governor.] 

IV. The governor shall have authority, from time to Power of gorer- 
time, at his discretion, to assemble and call together the ernor''and°cou°J.' 
councillors of this Commonwealth for the time being ; and '='^- 
the governor, with the said councillors, or five of them, at 
least, shall, and may, from time to time, hold and keep a 



18 CONSTITUTION. 

council, for the ordering and directing the affairs of the 

■ Commonwealth, agreeably to the constitution and the laws 

of the land. 

May adjourn or Y. Tlio govcrnor, witli advicc of council, shall have full 

erarco'urt u^pmi powcr and autlioritj, during the session of the general court, 

vene?am*e°'^''°"' to adjoum Or proroguc the same at any time the two houses 

See amendments, sliall dcsirc ; [and to dissolvo the same on the day next pre- 

^^^- ^- ceding the last Wednesday in May ; and, in the recess of 

the said court, to prorogue the same from time to time, not 

exceeding ninety days in any one recess ;] and to call it 

together sooner than the time to which it may be adjourned 

or prorogued, if the welfare of the Commonwealth shall 

require the same ; and in case of any infectious distemper 

prevailing in the place where the said court is next at any 

time to convene, or any other cause happening, whereby 

danger may arise to the health or lives of the members from 

their attendance, he may direct the session to be held at 

some other the most convenient place within the State. 

See amendments, [And the governor shall dissolve the said general court on the day next 

^^^- ^- preceding the last Wednesday in May.] 

Governor and yj^ j^ cascs of disaffreemcnt between the two houses, 

council may ad- -,_ P ,. .„,. 

journ the general With regard to tlic ucccssity, cxpcdicncy or time 01 adjourn- 
&c.%'ut*nofe'x- mciit Or prorogatioii, the governor, with advice of the coun- 
dlyil"^ °'°^*^ cil, shall have a right to adjourn or prorogue the general 
court, not exceeding ninety days, as he shall determine the 
public good shall require. 
Governor to be VII. The govcmor of tliis Commoiiwealtli, for the time 
chi^f!'*"'^^' '"^ being, shall be the commander-in-chief of the army and 
navy, and of all the military forces of the State, by sea and 
land ; and shall have full power, by himself, or by any 
commander, or other officer or officers, from time to time, to 
train, instruct, exercise and govern the militia and navy ; 
and, for the special defence and safety of the Commonwealth, 
to assemble in martial array, and put in warlike posture the 
inhabitants thereof, and to lead and conduct them, and with 
them, to encounter, repel, resist, expel and pursue, by force 
of arms, as well by sea as by land, within or without the 
limits of this Commonwealth, and also to kill, slay and 
destroy, if necessary, and conquer, by all fitting ways, enter- 
prises and means whatsoever, all and every such person and 
persons as shall, at any time hereafter, in a hostile manner, 
attempt or enterprise the destruction, invasion, detriment 
or annoyance of this Commonwealth ; and to use and exer- 
cise, over the army and navy, and over the .militia in actual 
service, the law martial, in time of war or invasion, and also 
in time of rebellion, declared by the legislature to exist, as 



CONSTITUTION. 19 

occasion shall necessarily require ; and to take and surprise, 
by all ways and means whatsoever, all and every such person 
or persons, with their ships, arms, ammunition and other 
goods, as shall, in a hostile manner, invade or attempt the 
invading, conquering or annoying this Commonwealth ; and 
that the governor be intrusted with all these and other 
powers incident to the offices of captain-general and com- 
mander-in-chief, and admiral, to be exercised agreeably to 
the rules and regulations of the constitution, and the laws of 
the land, and not otherwise. 

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

VIII. The power of pardoning offences, except such as Governor and 
persons may be convicted of before the senate, by an impeach- don°offenc?s,'^ex- 
ment of the house, shall be in the governor, by and with the '^'^^^ ^°- 
advice of council ; but no charter or pardon, granted by the ^"' .^pt before 
governor, with advice of the council, before conviction, 

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

IX. All judicial officers, [the attorney-general, the solici- aii judicial offl- 
tor-general, all sheriffs,] coroners [and registers of probate,] nominfted and 
shall be nominated and appointed hy the governor, by and leeamendments 
with the advice and consent of the council ; and every such Arts.xiv.,xvii! 
nomination shall be made by the governor, and made at 

least seven days prior to such appointment. 

X. The captains and subalterns of the militia shall be M'""a officers, 
elected by the written votes of the train-band and alarm list 

of their respective companies, [of twenty-one years of age see amendments, 
and upwards ;] the field officers of regiments shall be elected ^''^' ^' 
by the written votes of the captains and subalterns of their 
respective regiments ; the brigadiers shall be elected, in like 
manner, by the field officers of their respective brigades ; how commis- 
and such officers, so elected, shall be commissioned by the 
governor, who shall determine their rank. 

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



20 



CONSTITUTION. 



Major-generals, 
how appointed 
and commis- 
sioned. 

Vacancies, how 
filled, in case, 
&o. 



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

Adjutants, &c., 
how appointed. 

Adjutant- gen- 
eral. 



Army officers, 
how appointed. 



Organization 
militia. 



Money, how 
drawn from the 
treasury except, 
&c. 



All public boards, 
&c., to make 
quarterly returns 



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

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

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

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

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

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

XL No moneys sliall be issued out of the treasury of 
this Commonwealth and disposed of (except such sums as 
may be appropriated for the redemption of bills of credit or 
treasurer's notes, or for the payment of interest arising 
thereon,) but by warrant under the hand of the governor for 
the time being, with the advice and consent of the council, 
for the necessary defence and support of the Commonwealth, 
and for the protection and preservation of the inhabitants 
thereof, agreeably to the acts and resolves of the general 
court. 

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



CONSTITUTION. 21 

the condition of such forts and garrisons ; and the said 
commanding officer shall exhibit to the governor, when 
required by him, true and exact plans of such forts, and of 
the land and sea, or harbor or harbors, adjacent. 

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

XIII. As the public good requires that the governor saiary of govern- 
should not be under the undue influence of any of the mem- °'' 
bers of the general court, by a dependence on them for his 
support — that he should, in all cases, act with freedom for 
the benefit of the public — that he should not have his atten- 
tion necessarily diverted from that object to his private 
concerns — and that he should maintain the dignity of the 
Commonwealth in the character of its chief magistrate — 
it is necessary that he should have an honorable stated 
salary, of a fixed and permanent value, amply sufficient for 
those purposes, and established by standing laws : and it 
shall be among the first acts of the general court, after the 
commencement of this constitution, to establish such salary 
by law accordingly. 

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

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



CHAPTER II. 

SECTION II. 

Lieutenant- Governor. 

Art. I. There shall be annually elected a lieutenant- Lieutenant-gor- 
governor of the Commonwealth of Massachusetts, whose title anTquiilfica-'^ 
shall be — His Honor ; and who shall be qualified, in point "°°^- 
of religion, property, and residence in the Commonwealth, see amendments, 
in the same manner with the governor ; and the day and anYxv."' ' 
manner of his election, and the qualifications of the electors, 
shall be the same as are required in the election of a gov- 
ernor. The return of the votes for this officer, and the how chosen, 
declaration of his election, shall be in the same manner ; 
[and if no one person shall be found to have a majority of all 
the votes returned, the vacancy shall be filled by the senate 



22 



CONSTITUTION. 



President of 
council. 



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



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



and house of representatives, in the same manner as the 
governor is to be elected, in case no one person shall have a 
majority of the votes of the people to be governor.] 

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

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



CHAPTER II. 



Council. 



See amendments, 
Art. XVI. 



Number ; from 
whom, and how 
chosen. 

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



Senators becom- 
ing councillors, 
seats vacated. 

Rank of council- 
lors. 



No district to 
have more than 
two. 



SECTION III. 

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

Art. I. There shall be a council, for advising the gov- 
ernor in the executive part of the government, to consist of 
[nine] persons besides the lieutenant-governor, whom the 
governor, for the time being, shall have full power and 
authority, from time to time, at his discretion, to assemble 
and call together ; and the governor, with the said council- 
lors, or five of them at least, shall and may, from time to 
time, hold and keep a council, for the ordering and directing 
the affairs of the Commonwealth, according to the laws of 
the land. 

[II. Nine councillors shall be annually chosen from among the person"" 
returned for councillors and senators, on the last Wednesday in May, by 
the joint ballot of the senators and representatives assembled in one room ; 
and in case there shall not be found, upon the first choice, the whole num- 
ber of nine persons who will accept a seat in the council, the deficiency 
shall be made up by the electors aforesaid from among the people at large ; 
and the number of senators left, shall constitute the senate for the year. 
The seats of the persons thus elected from the senate, and accepting the 
trust, shall be vacated in the senate.] 

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

[IV. Not more than two councillors shall be chosen out of any one 
district in this Commonwealth.] 



CONSTITUTION. 23 

V. The resolutions and advice of the council shall be Register of coun- 
recorded in a register and signed by the members present ; " ' 

and this record may be called for, at any time, by either 
house of the legislature ; and any member of the council 
may insert his opinion, contrary to the resolution of the 
majority. 

VI. Whenever the office of the governor and lieutenant- f °^,^°/i}jg° ^^^ 
governor shall be vacant by reason of death, absence, or of governor, in 
otherwise, then the council, or the major part of them, shall, ''^"^^ 
during such vacancy, have full power and authority, to do 

and execute, all and every such acts, matters and things, as 
the governor or the lieutenant-governor might or could, by 
virtue of this constitution, do or execute, if they, or either 
of them, were personally present. 

[VII. And whereas the elections appointed to be made by this consti- Elections may be 
tution on the last Wednesday in May annually, by the two houses of the ^^yourned until, 
legislature, may not be completed on that day, the said elections may be 
adjourned from day to day, until the same shall be completed. And the Order thereof, 
order of elections shall be as follows : the vacancies in the senate, if any. Amendments, 
shall first be filled up ; the governor and lieutenant-governor shall then ^^y ^^^- ^■^^ 
be elected, provided there should be no choice of them by the people ; 
and afterwards the two houses shall proceed to the election of the 
council.] 



CHAPTER II. 

SECTION IV. 
Secretary/, Treasurer, Commissary, Sj-c. 

Aet. I. [The secretary, treasurer and receiver-general, secretary, &c.; 
and the commissary-general, notaries public and naval offi- hoJ'ch^e'L'! 
cers, shall be chosen annually, by joint ballot of the senators Ar'ts^™v!'ind°*^' 
and representatives, in one room.] And, that the citizens of ^^^i- 
this Commonwealth may be assured, from time to time, that bieT^morethfn 
the moneys remaining in the public treasury, upon the set- five successive 
tlement and liquidation of the public accounts, are their ^^''^^' 
property, no man shall be eligible as treasurer and receiver- 
general more than five years successively. 

II. The records of the Commonwealth shall be kept in secretary to keep 

, i (v ■ /> j^i !_ ^ • I 1 • 1 , • records ; to attend 

the omce oi the secretary, who may appoint his deputies, the governor and 
for whose conduct he shall be accountable ; and he shall *=""""•' *'''• 
attend the governor and council, the senate and house of 
representatives in person, or by his deputies, as they shall 
respectively require. 



24 CONSTITUTION. 

CHAPTER III. 
JUDICIARY POWER. 
Tenure of all Art. I. The tenurc that all commission officers shall by 

commission offl- ^ , . ,-, . n^ ini I'j^i" 

cerstobees- law liavc m tlicir omccs sliall be expressed m their respec- 
judkiai officers tivG commissioiis. All judicial officers, duly appointed, 
in''°'ood^beht"'^" commissioned and sworn, shall hold their offices during good 
vior, except, &c. bcliavior, cxccpting such concerning whom there is different 
May be removed provisiou made in this constitution : provided, nevertheless, 
on address. ^^iq govcmor, witli couscnt of the council, may remove them 

upon the address of both houses of the legislature. 
Justices of su- IL Each branch of the legislature, as well as the governor 
court* tiVvf and council, shall have authority to require the opinions of 
requl^ed.'^''*" the justiccs of the supreme judicial court, upon important 

questions of law, and upon solemn occasions. 

Justices of the HJ. In order that the people may not suffer from the 

thei^offlce.'"'^'* ° loug continuaucc in place of any justice of the peace, who 

shall fail of discharging the important duties of his office 

with ability or fidelity, all commissions of justices of the 

peace shall expire and become void in the term of seven 

years from their respective dates ; and, upon the expiration 

of any commission, the same may, if necessary, be renewed, 

or another person appointed, as shall most conduce to the 

well being of the Commonwealth. 

ProTisions for YV . Tlic judgcs of probate of wills, and for granting 

courts^ ^'^*' "^ ^ letters of administration, shall hold their courts at such 

place or places, on fixed days, as the convenience of the 

people shall require ; and the legislature shall, from time to 

time, hereafter, appoint such times and places ; until which 

appointments, the said courts shall be holden at the times 

and places which the respective judges shall direct. 

Causes of mar- [V. All causes of marriage, divorce and alimony, and all appeals from 
riage and divorce, the jiulges of probate, shall be heard and determined by the governor and 
how determine . (.^y^jji mj^j] ^}^q legislature shall, by law, make other provision.] 



CHAPTER IV. 

DELEGATES TO CONGRESS. 

Delegates to con- [The delegates of this Commonwealth to the congress of the United 
greas. States shall, some time in the month of June, annually, be elected by the 

joint ballot of the senate and house of representatives assembled together 
in one room ; to serve in congress for one year, to commence on the first 
Monday in November then next ensuing. They shall have commissions 
under the hand of the governor, and the great seal of the Commonwealth ; 
but may be recalled at any time within the year, and others chosen and 
commissioned, in the same manner, in their stead.] 



CONSTITUTION. 25 



CHAPTER Y. 

THE UNIVERSITY AT CAMBRIDGE, AND ENCOURAGEMENT OF 

LITERATURE, &C. 

SECTION I. 

The University. 

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

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

several charters successively; it is declared, that all the au gifts, grants, 
said gifts, grants, devises, legacies and conveyances, are *"=•' '=°"fi'^'"«*^- 
hereby forever confirmed unto the president and fellows of 
Harvard College, and to their successors, in the capacity 
aforesaid, according to the true intent and meaning of the 
donor or donors, grantor or grantors, devisor or devisors. 

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

4 



26 



CONSTITUTION. 



Who shall be 
overseers. 



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



CHAPTERV. 

SECTION II. 

The Encouragemeiit of Literature, Sj-c. 

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



CONSTITUTION. 27 

CHAPTER VI. 

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

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

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

And the governor, lieutenant-governor and councillors, shall make and 
subscribe the said declaration, in the presence of the two houses of assem- 
bly ; and the senators and representatives, first elected under this consti- 
tution, before the president and five of the council of the former constitu- 
tion ; and forever afterwards, before the governor and council for the 
time being.] 

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

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

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



28 CONSTITUTION. 

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

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

^^^- ^^- said, shall be of the denomination of the people called Quakers, and shall 

decline taking the said oaths, he shall make his affirmation in the fore- 
going form, and subscribe the same, omitting the words, " I do swear," 
" and abjure," " oath or," " and abjuration," in the first oath ; and in the 
second oath, the words " swear and," and in each of them the words, " So 
help me, God ; " subjoining instead thereof, " This I do under the pains 
and penalties of perjury."] 

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

ce'a'^'^^roWbUe'd'Vo "''■■'"■ "^^ govcmor, Heutcnant-govemor, or judge of the 
gorernor, &c., suprcmc judicial court, shall hold any other office or place, 
except, &c. under the authority of this Commonwealth, except such as 
ArlTiTi!™^"*'' ^y ^^^^^ constitutiori they are admitted to hold, saving that 
the judges of the said court may hold the offices of justices 
of the peace through the State ; nor shall they hold any 
other place or office, or receive any pension or salary from 
any other State, or government or power, whatever. 
Same subject. No pcrsou shall bc Capable of holding or exercising at the 

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

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



CONSTITUTION. 29 

description naval officers — shall at the same time have a 
seat in the senate or house of representatives ; bvit their 
being chosen or appointed to, and accepting the same, shall 
operate as a resignation of their seat in the senate or house 
of representatives ; and the place so vacated shall be filled 
up. 

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

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

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

lY. All commissions shall be in the name of the Com- Provisions re- 
monwealth of Massachusetts, signed by the governor, and si'onB!"^ '"'"'"'' 
attested by the secretary or his deputy, and have the great 
seal of the Commonwealth affixed thereto. 

V. All writs, issuing out of the clerk's office in any of Provisions re- 
the courts of law, shall be in the name of the Common- ^^*'' '°^ ''^ ^' 
wealth of Massachusetts ; they shall be under the seal of 

the court from whence they issue ; they shall bear test of 
the first justice of the court to which they shall be return- 
able who is not a party, and be signed by the clerk of such 
court. 

VI. All the laws, which have heretofore been adopted, continuation of 
used and approved, in the Province, Colony or State of cepT,''&^7'' *^ 
Massachusetts Bay, and usually practised on in the courts 

of law, shall still remain and be in full force, until altered 
or rejDealed by the legislature ; such parts only excepted as 
are repugnant to the rights and liberties contained in this 
constitution. 

VII. The privilege and benefit of the writ of habeas Benefit of habeas 
corpus shall be enjoyed in this Commonwealth, in the most except, To"" ' 
free, easy, cheap, expeditious and ample manner ; and shall 

not be suspended by the legislature, except upon the most 
urgent and pressing occasions, and for a limited time, not 
exceeding twelve months. 



30 



CONSTITUTION. 



The enacting 

style. 



Officers of former 
government con- 
tinued until, &c. 



Provision for re- 
vising constitu- 
tion. Amend- 
ments, Art. IX. 



Same subject. 



Provision for pre- 
serving and pub- 
lishing this con- 
stitution. 



YUI. The enacting style, in making and passing all acts, 
statutes and laws, shall be — " Be it enacted by the Senate 
and House of Representatives, in General Court assembled, 
and by the authority of the same." 

[IX. To the end there maybe no failure of justice, or danger arise to 
the Commonwealth, from a change of the form of government, all officers, 
civil and military, holding commissions under the government and people 
of Massachusetts Bay, in New England, and all other officers of the said 
government and people, at the time this constitution shall take effect, 
shall have, hold, use, exercise and enjoy all the powers and authority to 
them granted or committed, until other persons shall be appointed in 
their stead ; and all courts of law shall proceed in the execution of the 
business of their respective depai-tments ; and all the executive and legis- 
lative officers, bodies and powers, shall continue in full force, in the enjoy- 
ment and exercise of all their trusts, employments and authority, until 
the general court, and the supreme and executive officers under this 
constitution, are designated and invested with their respective trusts, 
powers and authority. 

X. In order the more effectually to adhere to the principles of the 
constitution, and to correct those violations which by any means may be 
made therein, as well as to form such alterations as li-om experience shall 
be found necessary, the general court, which shall be in the year of our 
Lord one thousand seven hundred and ninety-five, shall issue precepts to 
the selectmen of the several towns, and to the assessors of the unincorpo- 
rated plantations, directing them to convene the qualified voters of their 
respective towns and plantations, for the purpose of collecting their 
sentiments on the necessity or expediency of revising the constitution, in 
order to amendments. 

And if it shall appear, by the returns made, that two-thirds of the qual- 
ified voters throughout the State, who shall assemble and vote in conse- 
quence of the said precepts, are in favor of such revision or amendment, 
the general court shall issue precepts, or direct them to be issued from the 
secretary's office, to the several towns, to elect delegates to meet in 
conA^ention for the purpose aforesaid. 

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

XI. This form of government shall be enrolled on parch- 
ment, and deposited in the secretary's office, and be a part 
of the laws of the land ; and printed copies thereof shall be 
prefixed to the book containing the laws of this Common- 
wealth, in all future editions of the said laws. 



CONSTITUTION. 31 

ARTICLES OF AMENDMENT. 

Art. I. If any bill or resolve shall be objected to, and biu, &c., notap- 
not approved by the governor; and if the general court shall dIyI^'^n'^t'\"o be^ 
adjourn within five days after the same shall have been laid gl's'latureTdjoVrn 
before the governor for his approbation, and thereby prevent in the mean time. 
his returning it with his objections, as provided by the con- 
stitution, such bill or resolve shall not become a law, nor 
have force as such. 

Art. II. The general court shall have full power and General court 

. " -, . . . , f empowered to 

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

Art. III. Every male citizen of twenty-one years of age Qualifications of 
and upwards, (excepting paupers and persons under guar- norrileutenan?-' 
dianship,) who shall have resided within the Commonwealth governor, sena- 

^ -'^ T . 1 . . T , • • I'll ^°^^ ^'^'^ repre- 

one year, and within the town or district, in which he may sentatives. ii 
claim a right to vote, six calendar months next preceding see amendments, 
any election of governor, lieutenant-governor, senators or and^xxvr'^"^' 
representatives, and who shall have paid, by himself, or his 
parent, master or guardian, any state or county tax, which 
shall, within two years next preceding such election, have 
been assessed upon him, in any town or district of this 
Commonwealth ; and also, every citizen who shall be by law 
exempted from taxation, and who shall be in all other 
respects qualified as above mentioned, shall have a right 
to vote in such election of governor, lieutenant-governor, 
senators and representatives ; and no other person shall be 
entitled to vote in such elections. 



32 



CONSTITUTION. 



howlppointed"' '^^'^- ^^- Notaries public shall be appointed by the gov- 

and removed. emor, ill the saine manner as judicial officers are appointed, 

and shall hold their offices during seven years, unless sooner 

removed by the governor, with the consent of the council, 

upon the address of both houses of the legislature. 

Vacancies in the [In casc the office of secretary or treasurer of the Commonwealth shall 
ry and°tre^s^ureri become vacant from any cause, during the recess of the general court, the 
howfiiiedincase, governor, with the advice and consent of the council, shall nominate and 
fee' amendment 'ippo'"*' under such regulations as may be prescribed by law, a competent 
Art. XVII. ' and suitable person to such vacant office, who shall hold the same until a 
successor shall be appointed by the general court.] 

^raTm'r'^b^^r' Whenever the exigencies of the Commonwealth shall 
pointed, in case, rcquirc thc appointment of a commissary-general, he shall 
^'^' be nominated, appointed and commissioned, in such manner 

as the legislature may, by law, prescribe. 

All officers commissioned to command in the militia, may 

be removed from office in such manner as the legislature 

may, by law, prescribe. 



Militia officers, 
how removed. 



wiiomayvot« ^j^-ji. V. lu the clcctions of captains and subalterns of 

for captains and -i. • n i i c ^ • 

subalterns. the militia, all the members of their respective companies, as 
well those under as those above the age of twenty-one years, 
shall have a ri";ht to vote. 



Oath to be taken 
by all officers ; 



or afflrmation in 
cases, &c. 



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

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

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

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



CONSTITUTION. 33 

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

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

Art. X. The political year shall begin on the first of^oSiyeTr! 
Wednesday of January, instead of the last Wednesday of 
May ; and the general court shall assemble every year on 
the said first Wednesday of January, and shall proceed, at that 
session, to make all the elections, and do all the other acts, 
which are by the constitution required to be made and done 
at the session which has heretofore commenced on the last 
Wednesday of May. And the general court shall be dis- and termination. 

5 



34 CONSTITUTION. 

solved on the day next preceding the first Wednesday of 
January, without any proclamation or other act of the gov- 
ernor. But nothing herein contained shall prevent the 
general court from assembling at such other times as they 
shall judge necessary, or when called together by the gov- 
ernor. The governor, lieutenant-governor and councillors, 
shall also hold their respective offices for one year next 
following the first Wednesday of January, and until others 
are chosen and qualified in their stead. 

Meetings for the [The meeting for the choice of governor, lieutenant-governor, senators 
norJ*^^ieutfnant- ^^'^ representatives, shall be held on the second Monday of November in 
governor, &c., evevy year ; but meetings may be adjourned, if necessary, for the choice 
May\e°adlo^urn- ^^ representatives, to the next day, and again to the next succeeding day, 
ed. but no further. But in case a second meeting shall be necessary for the 

See amendments, choice of representatives, such meetings shall be held on the fourth Monday 
of the same month of November.] 

All the [other] provisions of the constitution, respecting 
the elections and proceedings of the members of the general 
court, or of any other officers or persons whatever, that have 
reference to the last Wednesday of May as the commence- 
ment of the political year, shall be so far altered, as to have 
like reference to the first Wednesday of January. 
Article, when to This articlc shall go into operation on the first day of 
gomooperaion. q^^^^j^qj,^ uoxt followiug tho day whcu the same shall be duly 
ratified and adopted as an amendment of the constitution ; 
and the governor, lieutenant-governor, councillors, senators, 
representatives, and all other state officers, who are annually 
chosen, and who shall be chosen for the current year, when 
the same shall go into operation, shall hold their respective 
offices until the first Wednesday of January then next fol- 
lowing, and until others are chosen and qualified in their 
stead, and no longer ; and the first election of the governor, 
lieutenant-governor, senators and representatives, to be had 
in virtue of this article, shall be had conformably thereunto, 
in the month of November following the day on which the 
same shall be in force and go into operation, pursuant to the 
foregoing provision. 
Inconsistent pro- All the provisious of the existing constitution, inconsis- 
Tisions annu e . ^^^^^ ^.^j^ ^y^^ provisious lierciu coutaiucd, are hereby wholly 
annulled. 

ReUgious free- Art. XI. lustcad of the third article of the bill of rights, 
om es a b e . ^^^^ following modification and amendment thereof is substi- 
tuted : — 

" As the public worship of God, and instructions in piety, 
religion and morality, promote the happiness and prosperity 



CONSTITUTION. 35 

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

[Art. Xn. In order to provide for a representation of the citizens of Census of ratable 
this Commonwealth, founded upon the principles of equality, a census of f ° ^§3°^ l^^^ ^° 
the ratable polls in each city, town and district of the Commonwealth, on cennialiy there- 
the first day of May, shall be taken and returned into the secretary's '^^''^''• 
office, in such manner as the legislature shall provide, within the month 
of May, in the year of our Lord one thousand eight hundred and thirty- 
seven, and in every tenth year thereafter, in the month of May, in manner 
aforesaid : and each town or city having three hundred ratable polls at the Representatives, 
last preceding decennial census of polls, may elect one representative, geramendmetTts 
and for every four hundred and fifty ratable polls, in addition to the first Arts. xiu. and 
three hundred, one representative more. ^^1- 

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

Any city or town having ratable polls enough to elect one or more Fractions, how- 
representatives, with any number of polls beyond the necessary number, represented. 
may be represented, as to that surplus number, by multiplying such sur- 
plus number by ten, and dividing the product by four hundred and fifty ; 
and such city or town may elect one additional representative as many 
years, within the ten years, as four hundred and fifty is contained in the 
product aforesaid. 

Any two or more of the several towns and districts may, by consent of Towns may unite 
a majority of the legal voters present at a legal meeting in each of said '?'° representa-. 
towns and districts, respectively, called for that purpose, and held previous 
to the first day of July, in the year in which the decennial census of polls 
shall be taken, form themselves into a representative district, to continue 
until the next decennial census of polls, for the election of a representa- 
tive or representatives ; and such districts shall have all the rights, in 



36 CONSTITUTION. 

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

same number of ratable polls. 
The gorernor and The governor and council shall ascertain and determine, within the 
council to deter- months of Julv and Aujrust, in the year of our Lord one thousand eight 
mine the number i j j j A* i o ' t . .t /• • • • i ^i 

of representatives hundred and thirty-seven, according to the foregoing principles, the num- 

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

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

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

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

ment to be made cient number of polls to elect a representative each year, then, how many 

years'."^ ^^^"^^ ^^^ years within the ten years, such town may elect a representative ; and 

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

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

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

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

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

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

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

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

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

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

Census ofinhabi- Art. XIU. [A census of the inhabitants of each city and town, on the 
tants to be taken flj-st day of May, shall be taken and returned into the secretary's office, 
cenniaiiy there- 0^1 Or before the last day of June, of the year one thousand eight hundred . 
after, for basis of and forty, and of every tenth year thereafter ; which census shall deter- 
See'^amendments ^^'^ the apportionment of senators and representatives for the term of 
Art. XXII. ' ten years. 

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

according to the number of inhabitants in the same. But, in all cases, at 
least one senator shall be assigned to each district. 
House of repre- The members of the house of' representatives shall be apportioned in 
armortion^ed'^"^ *^® following manner : Every town or city containing twelve hundred 
See amendments, inhabitants, may elect one representative ; and two thousand four hun- 
Art. XXI. Jred inhabitants shall be the mean increasing nimiber, which shall entitle 

it to an additional representative. 
Small towns, how Every town containing less than twelve hundred inhabitants shall be 
represented. entitled to elect a representative as many times, within ten years, as the 

number one hundred and sixty is contained in the number of the inhabi- 
tants of said town. Such towns may also elect one representative for the 
year in which the valuation of estates within the Commonwealth shall be 
settled. 
Towns may unite Any two or more of the several towns may, by consent of a majority of 
tire diTtricts"^'*" *^® legal voters present at a legal meeting, in each of said towns, respec- 
tively, called for that purpose, and held before the first day of August, in 
the year one thousand eight hundred and forty, and every tenth year 
thereafter, form themselves into a representative district, to continue for 
the term of ten years ] and such districts shall have all the rights, in 
regard to representation, wliich would belong to a town containing the 
same number of inhabitants. 
Basis of represen- The number of inhabitants which shall entitle a town to elect one rep- 
tation, and ratio resentative, and the mean increasing number, which shall entitle a town 
or city to elect more than one, and also the number by which the popula- 
tion of towns, not entitled to a representative every year, is to be divided, 



CONSTITUTION. 37 

shall be increased, respectively, by one-tenth of the numbers above men- 
tioned, whenever the population of the Commonwealth shall have increased 
to seven hundred and seventy thousand, and for every additional increase 
of seventy thousand inhabitants, the same addition of one-tenth shaU. be 
made, respectively, to the said numbers above mentioned. 

In the year of eacli decennial census, the governor and council shall, The governor and 
before the first day of September, apportion the number of representatives council to appor- 
which each city, town and representative district is entitled to elect, and of'representatlves 
ascertain how many years, within ten years, any town may elect a repre- ofeach town once 
sentative, which is not entitled to elect one every year; and the governor "^e^erytenyenrs 
shall cause the same to be published forthwith. 

Nine councillors shall be annually chosen from among the people at councillors to be 
large, on the first Wednesday of January, or as soon thereafter as may be, chosen from the 
by the joint ballot of the senators and representatives, assembled in one gee amendments 
room, who shall, as soon as may be, in like manner, fill up any vacancies Art. xvi. 
that may happen in the council, by death, resignation or otherwise. No Qualifications of 
person shall be elected a councillor who has not been an inhabitant of this councillors. 
Commonwealth for the term of five years immediately preceding his 
election ; and not more than one councillor shall be chosen from any one 
senatorial district in the Commonwealth.] 

No possession of a freehold, or of any other estate, shall Freehold as a 
be required as a qualification for holding a seat in either reqVired.'°" °°' 
branch of the general court, or in the executive council. 

Art. XIV. In all elections of civil officers by the people Elections by the 
of this Commonwealth, whose election is provided for by the piuri!uty°ofTOtes^ 
constitution, the person having the highest number of votes 
shall be deemed and declared to be elected. 

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

Art. xvi. Eight councillors shall be annually chosen by Eight councillors 
the inhabitants of this Commonwealth, qualified to vote for the^people!^" ^^ 
governor. The election of councillors shall be determined 
by the same rule that is required in the election of governor. 
The legislature, at its first session after this amendment Legislature to dis- 
shall have been adopted, and at its first session after the *"'='^'**^- 
next State census shall have been taken, and at its first ses- 
sion after each decennial State census thereafterwards, shall 
divide the Commonwealth into eight districts of contiguous 
territory, each containing a number of inhabitants as nearly 
equal as practicable, without dividing any town or ward of 
a city, and each entitled to elect one councillor : provided, 
however, that if, at any time, the constitution shall provide 



38 



CONSTITUTION. 



Eligibility defin 
ed. 



for the division of the Commonwealth into forty senatorial 
districts, then the legislature shall so arrange the councillor 
districts, that each district shall consist of five contiguous 
senatorial districts, as they shall be, from time to time, 
established by the legislature. No person shall be eligible 
to the office of councillor who has not been an inhabitant of 
the Commonwealth for the term of five years immediately 

Day and manner preccdiiig liis elcctiou. Thc day and manner of the elec- 

eeci n, . ^j^^^^ ^^i^ retum of the votes, and the declaration of the said 

elections, shall be the same as are required in the election 

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



Organization of 
the gOTernment. 



Election of secre- ART. XYII. 



The secretary, treasurer and receiver-gen- 
au'ditor"and"^at- cral, auditor, and attorney-general, shall be chosen annually, 
thrpeopir'*"^^^ on the day in November prescribed for the choice of gov- 
ernor ; and each person then chosen as such, duly qualified 
in other respects, shall hold his office for the term of one 
year from the third Wednesday in January next thereafter, 
and until another is chosen and qualified in his stead. The 
qualification of the voters, the manner of the election, the 
return of the votes, and the declaration of the election, shall 
Vacancies, how be such as are required in the election of governor. In 
^^^^' case of a failure to elect either of said officers on the day in 

November aforesaid, or in case of the decease, in the mean 
time, of the person elected as such, such officer shall be 



CONSTITUTION. 39 

chosen on or before the third Wednesday in January next 
thereafter, from the two persons who had the higliest number 
of votes for said offices on the day in November aforesaid, 
by joint ballot of the senators and representatives, in one 
room ; and in case the office of secretary, or treasurer and 
receiver-general, or auditor, or attorney-general, shall 
become vacant, from any cause, during an annual or special 
session of the general court, such vacancy shall in like 
manner be filled by choice from the people at large ; but if 
such vacancy shall occur at any other time, it shall be supplied 
by the governor by appointment, with the advice and consent 
of the council. The person so chosen or appointed, duly 
qualified in other respects, shall hold his office until his 
successor is chosen and duly qualified in his stead. In to qualify within 
case any person chosen or appointed to either of the offices wi^e "office "o^be 
aforesaid, shall neglect, for the space of ten days after he deemed vacant. 
could otherwise enter upon his duties, to qualify himself in 
all respects to enter upon the discharge of such duties, 
the office to which he has been elected or appointed shall 
be deemed vacant. No person shall be eligible to either Qualification re- 
ef said offices unless he shall have been an inhabitant of 
this Commonwealth five years next preceding his election 
or appointment. 

Art. XYIII. All moneys raised by taxation in the towns schooi moneys 
and cities for the support of public schools, and all moneys "0°* sectorfan*'^'^ 
which may be appropriated by the State for the support of ^^^loo's- 
common schools, shall be applied to, and expended in, no 
otlier schools than those which are conducted according to 
law, under the order and superintendence of the authorities 
of the town or city in which the money is to be expended ; 
and such moneys shall never be appropriated to any religious 
sect for the maintenance, exclusively, of its own school. 

Art. XIX. The legislature shall prescribe, by general Legislature to 
law, for the election of sheriffs, registers of probate, commis- election ^of°8her- 
sioners of insolvency, and clerks of the courts, by the people pro'batef &c^^ b/ 
of the several counties, an(i that district-attorneys shall be ^^^ peop'e- 
chosen by the people of the several districts, for such term 
of office as the legislature shall prescribe. 

Art. XX. No person shall have the right to vote, or be Reading consti- 
eligible to office under the constitution of this Common- an!f wruingf'^ 
wealth, who shall not be able to read the constitution in the "f^'^'L^'if ^,'''- 

. ' tions 01 voters. 

liinglish language and write his name : provided, however. Proviso, 
that the provisions of this amendment shall not apply to any 



40 CONSTITUTION. 

person prevented by a physical disability from complying 
with its requisitions, nor to any person who now has the 
right to vote, nor to any persons who shall be sixty years of 
age or upwards at the time this amendment shall take effect. 

Census of legal Art. XXI. A ccnsus of thc legal voters of each city and 
habitltfts, whTn town, ou thc first day of May, shall be taken and returned 
taken, &c. ^^^^^ ^j-^g q^^qq Qf ^^jg secretary of the Commonwealth, on or 
See General Stat, bcforc thc last day of Juuc, in the year one thousand eight 
chapter 20. hundred and fifty-seven ; and a census of the inhabitants of 
each city and town, in the year one thousand eight hundred 
and sixty-five, and of every tenth year thereafter. In the 
census aforesaid, a special enumeration shall be made of the 
legal voters ; and in each city said enumeration shall specify 
the number of such legal voters aforesaid, residing in each 
ward of such city. The enumeration aforesaid shall deter- 
mine the apportionment of representatives for the periods 
between the taking of the census. 
House to consist The housc of representatives shall consist of two hundred 
mem ers. ^^^ forty mcmbcrs, which shall be apportioned by the legis- 
lature, at its first session after the return of each enumeration 
as aforesaid, to the several counties of the Commonwealth, 
equally, as nearly as may be, according to their relative 
numbers of legal voters, as ascertained by the next preceding 
special enumeration ; and the town of Cohasset, in the county 
of Norfolk, shall, for this purpose, as well as in the formation 
of districts, as hereinafter provided, be considered a part of 
the county of Plymouth ; and it shall be the duty of the 
secretary of the Commonwealth, to certify, as soon as may 
be after it is determined by the legislature, the number of 
representatives to which each county shall be entitled, to the 
board authorized to divide each county into representative 
districts. The mayor and aldermen of the city of Boston, 
the county commissioners of other counties than Suffolk, — 
Legislature to or iu licu of thc may Or and aldermen of the city of Boston, 
apportion, &c. ^^ ^^ ^^^^ couuty commissioucrs in each county other than 
Suffolk, such board of special commissioners in each county, 
to be elected by the people of the county, or of the towns 
therein, as may for that purpose be provided by law, shall, 
on the first Tuesday of August next after each assignment 
of representatives to each county, assemble at a shire town 
of their respective counties, and proceed as soon as may be, 
to divide the same into representative districts of contiguous 
territory, so as to apportion the representation assigned to 
each county equally, as nearly as may bo, according to the 
relative number of legal voters in the several districts of 



CONSTITUTION. 41 

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

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

any district be made which shall be entitled to elect more 

than three representatives. Every representative, for one Qualifications of 

year at least next preceding his election, shall have been an '®^'^^*®° 

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

cease to represent such district when he shall cease to be 

an inhabitant of the Commonwealth. The districts in each 

county shall be numbered by the board creating the same, 

and a description of each, with the numbers thereof and 

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

board, to the secretary of the Commonwealth, the county 

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

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

The manner of calling and conducting the meetings for the 

choice of representatives, and of ascertaining their election, 

shall be prescribed by law. Not less than one hundred one hundred 

members of the house of representatives shall constitute a qu^um! * 

quorum for doing business ; but a less number may organize 

temporarily, adjourn from day to day, and compel the 

attendance of absent members. 

Art. XXII. A census of the legal voters of each city and census of yoters 
town, on the first day of May, shall be taken and returned to be 'taken. ^"^ 
into the office of the secretary of the Commonwealth, on or 
before the last day of June, in the year one thousand eight 
hundred and fifty-seven ; and a census of the inhabitants of 
each city and town, in the year one thousand eight hundred 
and sixty-five, and of every tenth year thereafter. In the 
census aforesaid, a special enumeration shall be made of 
the legal voters, and in each city said enumeration shall 
specify the number of such legal voters aforesaid, residing 
in each ward of such city. The enumeration aforesaid shall 
determine the apportionment of senators for tlie periods 
between the taking of the census. The senate shall consist senate to consist 
of forty members. The general court shall, at its first session sL^atMiaT'd^' 
after each next preceding special enumeration, divide the *"'''^' ^"'■ 
Commonwealth into forty districts of adjacent territory, each 
district to contain, as nearly as may be, an equal number of 
legal voters, according to the enumeration aforesaid : pro- ProTiso. 
videcl, however, that no town or ward of a city shall be 
divided therefor ; and such districts shall be formed, as 
nearly as may be, without uniting two counties, or parts of 
two or more counties, into one district. Each district shall Qualifications of 
elect one senator, who shall have been an inhabitant of this *^°^ °^' 
Commonwealth five years at least immediately preceding his 



42 CONSTITUTION. 

election, and at the time of his election shall be an inhabi- 
tant of the district for which he is chosen ; and he shall cease 
to represent such senatorial district when he shall cease to 
Sixteen members )3e ^j^ inhabitant of the Commonwealth. Not less than 

a quorum. , in. j^ -i ■ ^ • 

sixteen senators shall constitute a quorum lor doing busi- 
ness ; but a less number may organize temporarily, adjourn 
from day to day, and compel the attendance of absent 
members. 

Residence of two [Art. XXIII. No person of foreign birth shall be entitled to vote, or 

naturaliz^d'^^cit'i- ^^^^^ ^^ eligible to office, unless he shall have resided within the jurisdic- 

zen, to entitle to tion of the United States for two years subsequent to his naturalization, 

sufifrage or make and shall be Otherwise qualified, according to the constitution and laws of 

[s'fe amendment, this Commonwealth : provided, that this amendment shall not_ affect the 

Art. XXVI.] ' rights which any person of foreign birth possessed at the time of the 

adoption thereof; and, provided, further, that it shall not affect the rights 

of any child of a citizen of the United States, born during the temporary 

absence of the parent therefrom.] 

Vacancies in the Art. XXIV. Any vacaucy ill the senate shall be filled by 
senate. elcctiou by thc people of the unrepresented district, upon the 

order of a majority of senators elected. 

Vacancies in the Art. XXV. In casc of a vacaucy in the council, from a 
councu. failure of election, or other cause, the senate and house of 

representatives shall, by concurrent vote, choose some eligible 
person from the people of the district wherein such vacancy 
occurs, to fill that office. If such vacancy shall happen 
when the legislature is not in session, the governor, with 
the advice and consent of the council, may fill the same by 
appointment of some eligible person. 

Twenty-third ar- Art. XXVI. Thc twcuty-third article of the articles of 
mentslnnuue'd!" amendment of the constitution of this Commonwealth, which 
is as follows, to wit: "No person of foreign birth shall be 
entitled to vote, or shall be eligible to office unless he shall 
have resided within the jurisdiction of the United States for 
two years subsequent to his naturalization, and shall be 
otherwise qualified, according to the constitution and laws 
of this Commonwealth : provided, that this amendment shall 
not affect the rights which any person of foreign birth pos- 
sessed at the time of the adoption thereof ; and provided, 
further, that it shall not affect the rights of any child of a 
citizen of the United States, born during the temporary 
absence of the parent therefrom," is hereby wholly annulled. 



CONSTITUTION. 43 



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

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

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

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

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

The thirteenth Article of Amendment was adopted by the legislatures 
of the political years 1839 and 1840, respectively, and was approved and 
ratified by the people, the sixth day of April, 1S40. 

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

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



44 CONSTITUTION. 

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

The twenty-fourth and twenty-fifth Articles of Amendment were adopted 
* by the legislatures of the political years 1859 and 1860, respectively, and 

ratified by the people on the seventh day of May, 1860. 

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



INDEX TO THE CONSTITUTION. 



A. 

Page, 

Adjutant-General, how appointed, 20 

Adjutants of Regiments, how appointed, 20 

Affirmations. See Oaths and Affirmations. 

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

Amendments to the Constitution, how made, 33 

Apportionment of Councillors, 37, 38 

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

" of Senators, 11, 12, 36, 41 

Armies, Standing, to be maintained only with consent of Legislature, 7 

Arms, Right of People to keep and bear, 7 

Articles of Amendment, 31 

Attorney-General, how appointed, 19 

" how elected, 38, 39 

" Qualifications of, 39 

" Vacancy in Office of, how filled, .... 38 

Attorneys, District, how chosen, 39 

Auditor, how chosen, 38, 39 

" Qualifications of, 39 

" Vacancy in Office of, how filled, 38 



B. 

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

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

five days, 10 

" " to be void when not returned, if Legislature ad- 
journs within five days, 31 

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

House, 10 

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

Body Politic, how formed, and nature of, 3 

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



46 



INDEX TO THE CONSTITUTION. 



c. 



Census of Inhabitants, when and how taken, .... 

" of Legal Voters, when and how taken, .... 

" of Ratable Polls, when and how taken, .... 
Cities, General Court empowered to charter, .... 
Civil and Military Officers, duties of, to be prescribed by Legislature 
Commander-in-Chief. See Governor. 
Commerce, Manufactures, Arts, &c., encouragement of, 
Commissary-General, when and how nominated, «S;c., . 

" " to make Quarterly Returns, 

Commissioners of Insolvency, how chosen, .... 
Commission Officers, Tenure of, to be expressed in Commission, 
Commissions, how made, signed, countersigned, and sealed. 
Congress, Delegates to, how chosen and commissioned, 

" " may be recalled, and others commissioned, 

" what Offices may not be held by members of. 
Constitution, Amendments to, how made, .... 
" Revision of in 1795, provided for, . 

" to be enrolled, deposited in Secretary's Office 

printed with the laws, 

Coroners, how appointed, 

Corruption. See Bribery. 

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

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

" Members of, number, and how chosen, . 

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

" Powers and Quorum of, . 

" Rank and Qualifications of Members of, 

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

" Resolutions and Advice of, to be recorded, . 

" Vacancies in, how filled, 

Court, Superior, Judges of, prohibited from holding other Offices, 
" Supreme Judicial, Judges of. Tenure of Office, and Salary, 
Courts and Judicatories, may administer Oaths and Affirmations, 

" Clerks of, how chosen, 

" of Probate. See Probate. 

" of Record and Judicatories, the General Court may establish. 
Crimes and Offences, Prosecutions for, regulated, . . . . 



and 



22, 



Page. 

3(5, 40 

40, 41 

35 

31 

11 

26 
32 
20 
39 
24 
29 
24 
24 
33 
33 
30 

30 
19 

22 

23 

23, 37 

28 

22, 23 

22, 38 

23 

23 

38 

33 

8, 21 

10 

39 

10 
6,7 



D. 

Debate, Freedom of, in Legislature, affirmed, 8 

Declaration of Rights, .......... 4 

Delegates to Congress, how chosen, 24 

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

District-Attorneys, how chosen, 39 

Pistricts, Councillor, how established and arranged, . . . 12, 37, 38 



INDEX TO THE CONSTITUTION. 



47 



Districts, Eepresentative, how formed, 

" " Towns may unite in, . 

" Senatorial, how established and arranged. 

Divorce and Alimony, causes of, how determined, 



Page. 

40 
. 35, 3G 
12, 36, 41 

24 



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



11 



E. 

Elections, by Legislature, Order and Adjournment of, 
" by the People, Plurality of votes to prevail 
" Freedom of, affirmed, .... 

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

Enacting Style, established, 

Encouragement of Literature, .... 

Enrolment. See Constitution. 

Equality and Natural Rights, recognized, .' 

Estates, Valuation of, when taken, 

Executive Power, 

" not to exercise Legislative or Judicial Powers, 

Ex Post Facto Laws, injustice of, declared, . 



23 

37 

6 

13,38 
30 
26 

4 
11 

17 
9 
8 



F. 

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

Fines, Excessive, prohibited, 

Freedom of Debate, in Legislature, affirmed. 



G. 

General Court, frequent sessions of, enjoined, 8 

" *' how formed, 9 

" " may make Laws, Ordinances, &c., .... 10 

" " may provide for the establishing of Civil Officers, . 10,11 

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

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

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

" " may charter Cities, 31 

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

" " when to assemble, and when to be dissolved, . 9, 18, 33 

Government, Frame of, 9 

" Executive, Legislative, and Judicial Departments of, 

limits defined, 9 

«' Objects of, 3 

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

Governor, qualifications of, 17, 27, 32 

" Salary of, 21 

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

'♦ Official Title of, . . 17 



. 27, 


28 


. 28, 


33 




18 




17 




19 




9 


!, 9, 


10 




18 


. 13 


38 



48 INDEX TO THE CONSTITUTION. 



Governor, to be sworn in presence of both Houses, 

" the holdhig of other OflBces by, prohibited, . . . 

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

" may call Councillors together at his discretion, . 

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

" shall sign such Bills and Resolves as he approves, 

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

" and Council may prorogue the Legislature, 

" " shall examine Election Returns, 

H. 

Habeas Corpus, benefit of, secured, 29 

" " not to be suspended more than twelve months, . . 29 

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

" " who shall be Overseers of, 26 

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

House of Representatives, 15 

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

34, 35, 36, 37, 40, 41, 42 

" '♦ qualifications of Members of, . . 15, 37, 41 

•' " qualifications of Voters for Members of, 15, 31, 39 
" " to judge of the qualifications, &c., of its 

own Members, 16 

*' ** to choose its own officers, establish its own 

Rules, &c., 16 

" " may punish Persons not Members, for dis- 
respect, &c., 16 

'« " may try and determine all Cases involving 

its Rights and Privileges, ... 16 

" " shall be the Grand Inquest to Impeach, . 16 

" " all Money Bills to originate in, . . . 16 

" " not to adjourn for more than two days, . 16 

" «' Quorum of, 16, 41 

" " Members of, exempt from arrest on Mean 

Process, 16 

" " Towns may be fined for neglecting to return 

Members to, 15 

" " Travelling Expenses of Members of, how 

paid, 15 

" " Oaths or Affirmations of Members of, how 

taken and subscribed to, . . . 27, 28, 32 

I. 

Impeachment, Limitation of Sentence for, 14 

Impeachments, how made and tried, 14, 16 

Incompatible Offices, enumeration of, 28, 33 

" Inhabitant," word defined, 12 



INDEX TO THE CONSTITUTION. 49 

Page. 

Inhabitants, Census of, when taken, 36, 41 

Insolvency, Commissioners of, how chosen, 39 

Instruction of Representatives and Petition to Legislature, Rights of, 

affirmed, 7 



J. 

Judicatories and Courts of Record, Legislature may establish, . . 10 
'« " " may administer Oaths and Affir- 
mations, ^" 

Judicial Department, not to exercise Legislative or Executive Powers, 9 

" Officers, how appointed, 19 

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

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

Judiciary Power, 24 

Judges of Courts, what other Offices may not be held by, . ' . . 33 

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

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

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

Jury, Right of Trial by, secured, 7 

Justices of the Peace, Tenure of Office of, 24 

" " Commissions of, may be renewed, ... 24 
" Supreme Judical Court, Tenure of Office, and Salaries of, 8, 21, 24 
" " " " what other Offices may not be held, 28, 33 
" " " " Opinions of, may be required by 

Executive or either branch of Legislature, .... 24 



L. 

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

not to be subject to, but by authority of Legislature, ... 8 
Laws, every Person to have remedy in, for injury to Person or Property, 6 
" Fx Post Facto, unjust and inconsistent with Free Government, 8 
" not repugnant to Constitution, Legislature may make, . . 10 
" of Province, Colony or State of Massachusetts Bay, not repug- 
nant to Constitution, continued in force, .... 29 
" power of suspending, only in Legislature, .... 8 
Legal Voters, Census of, to be taken for representative -apportion- 
ment, 35,36,40,41 

Legislative Department, not to exercise Executive or Judicial Powers, 9 

" Power, 9 

Legislature. See General Court. 

Lieutenant-Governor, 21 

'• " when and how chosen, . . .21, 31, 33, 34, 37 

" " official title of, 21 

" " qualifications of, 21 

7 



50 INDEX TO THE CONSTITUTION. 

Page. 

Lieutenant-Governor, powers and duties of, 22 

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

Literature, Encouragement of, 26 

M. 

Magistrates and Officers, accountability of, 5 

Major-Generals, how appointed and commissioned, .... 20 
Martial Law, persons not in the Army, Navy, or actual Militia service, 

not to be subject to, 8 

Meetings, Plantation, provisions respecting, 13 

*' Town, Selectmen to preside at, 12 

Military Power, to be subordinate to Civil, 7 

Militia Offices, vacancies in, how filled, 20 

" Officers, how elected and commissioned, 20, 32 

" " how removed, 20, 32 

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

confirmed, 20 

Money Bills, to originate in House of Representatives, ... 16 

Money, how drawn from the Treasury, 20 

" value of, how computed, 29 

Moneys raised for Support of Common Schools, not to be applied by 

Religious sects, 39 

Moral Principles, necessity of observance in a Free Government, . 7 

N. 

Notaries Public, how chosen, 23 

" " how appointed. Tenure of Office, &c., ... 32 

o. 

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

" " Official, Forms of, 27, 32 

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

Oaths, Affirmations substituted, in behalf of Quakers, . . . . 28, 32 
Oflfences. See Crimes and Offences. 

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

" Equal Right of all to, affirmed, 6 

" no person eligible to, who cannot read and write, ... 39 
Offices, certain, incompatibility of, ....•• • 28, 33 
Officers, Civil, Legislature may provide for the naming and settling of, 10 
" Civil and Military, duties of to be prescribed by Legislature, 11 
" " " holding under Government of Massachu- 
setts Bay, continued in office, • 30 

Officers and Magistrates, accountability of, 5 

Officers, Militia, how elected and commissioned, 20, 32 

" " how removed, 20, 32 



INDEX TO THE CONSTITUTION. 



51 



Page. 

OflEices, Militia, vacancies in, how filled, 20 

'« Incompatible, 28, 33 

" Plurality of, prohibited to Governor, Lieutenant-Governor, 
and Judges, 28, 33 



P. 

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

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

Person and Property, Remedy for Injuries to, should be in the laws, . 6 

Petition and Instruction, Right of, affirmed, 7 

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

Councillors and Senators, 13 

Plurality of Votes, election of Civil Officers by, 37 

Political Year, when to begin and end, ....*. 33 

Polls, Ratable, Census of, when taken, 35 

Power, Executive, . . . 17, 18 

" Judiciary, ' . . . 24 

" Legislative, 9 

Press, Liberty of, essential to Freedom, 7 

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

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

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

" Registers of, how appointed, 19 

" " Election of, to be prescribed, 39 

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

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

" " " partially abolished, .... 37 

Prosecutions, for Crimes and Oifences, proceedings in regulated, . 6 
Public Boards and Officers, Returns of, how, when and to whom 

made, 20 

" Officers, Right of People with reference to, ... . 5 

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

" Worship, the Right and Duty of, 4 

" " Legislature may require provision for, ... 4 

Punishments, Cruel and Unusual, prohibited, 8 



Q. 



Quakers, 


Affirmation of, as Public Officers, 


. 28, 32 


Qualifications of Governor, ...... 


. 17, 39 


a 


of Lieutenant-Governor, 


. 21, 39 


(( 


of Councillors, . . . . . 


37, 38, 39 


(( 


of Senators, . . . , . . 


. 14, 37, 39, 41 


<( 


of Representatives, . . . . 


15, 39, 41 



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



38 



52 



INDEX TO THE CONSTITUTION. 



Qualifications of Voters, 

" Moral, of Officers and Magistrates, 

Qualiflcatiofa, Property, may be increased, . 
" " partial abolition of. 

Quorum of Council, 

" of House, 

" of Senate, 



Page. 
12, 15, 31, 39, 42 
7 
29 
37 
17,23 
16,41 
14,42 



R. 

Eatable Polls, Census of, when taken, 

" •' Towns having less than 300, how represented, 

" " Towns having less than 150, how represented, 

Reading and Writing, necessary to enable Persons to Vote or hold 

Office, 

Register of Council, to be kept, subject to the call of either House, . 
Registers of Probate. See Probate. 

Religious Denominations, equal protection secured to all, . . . 
" Societies, Right of, to elect their own Pastors, &c., 
" " persons belonging to. Membership defined, . 

Representation, in Council, basis of, 

'• in House, 15, 35, 36, 37, 

" in Senate, 11, 

Representatives. See House of Representatives. 

Returns, Quartefly, how and by whom to be made, .... 

Returns of Votes, by whom made, examined, &c., ... 12, 

Revision of Constitution. See Constitution. 

Rights, Natural, Declaration of, &c., 





35 




15 




39 




23 


6, 


34 


5, 


35 




35 




37 


40 


41 


36 


41 




20 


13 


17 



s. 

Salaries, of Judges of Supreme Court, 8, 21 

Salary, of Governor, 21 

Schools, Money raised and appropriated for, how to be applied, . . 39 

" Sectarian, appropriation of Money for, prohibited, . . 39 

Search and Seizure, the Right of every Man to be secure from, . . 7 

Secretary, Treasurer, Commissary, &c., 23 

Secretary of the Commonwealth, how chosen, 23, 38 

" " " qualifications of, ... . 39 

" " " Duties of, 23, 39 

" " " may appoint Deputies, &c., . . 23 

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

Selectmen, Duties of, in calling and conducting Elections, . . 12 

Self-government, Right of, asserted, 5 

Senate, 11 

. 11,12,31,36,41 

. 14, 37, 39, 41, 42 



Members of, number, and how chosen, 
" qualifications of, • 



INDEX TO THE CONSTITUTION. 



53 




Senate, Members shall be sworn preliminary to trial of Impeachment, 

" " exempt from arrest on Mean Process, 

" Quorum of, 

" vacancies in, how filled, 

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

" not to adjourn more than two days, . 

" shall choose its own Oflicers, and establish its own 

" shall try Impeachments, 

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

" may determine all cases involving its Eights and Privileges, 

Senators, Apportionment of, 

" Oaths and Affirmations, how taken and subscribed by. 
Senatorial Districts. See Districts. 
Services, Public, the only title to particular privileges, 
Sheriffs, how appointed 

" how elected, . . 

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

Solicitor-General, how appointed, 

Standing Armies, without consent of Legislature, prohibited. 
Supreme Being, the Public Worship of, a Right and Duty, &c., . 

" Judicial Court, Tenure of Office and Salaries of Judges of. 
Sureties and Bail, excessive, not to be demanded. 
Suspension of Laws, power of, only in Legislature, 



11, 



Page. 

14 

16 

U, 42 

14,42 

13 

14 

14 

14 

16 

16 

36,41 

28 



19 
39 

8 
19 
7 
4 
8,21 
8 
8 



T. 

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

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

Tax, State or County, payment of, as qualification of Voter, 

Tests, Religious, abolished, 

Title, of Governor, 

" of Lieutenant-Governor, 

Town Meetings, Selectmen to preside at, . 

Towns, having less than 300 Ratable Polls, how represented, 
" having less than 150 Ratable Polls, how represented, 
" may unite in Representative District, 

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

Treason and Felony, Legislature not to convict of, 

Treasurer and Receiver-General, how chosen, 

" " qualification of, 

" " eligibility limited to five years, 

" " vacancy in Office of, how filled, 

Trial, by Jury, Right of, secured, 



6,8 
11 

13,31 
32 
17 
21 
12 
35 
15 

35,36 

15 

8 

23,38 
39 
23 

32,38 
6,7 



u. 



University at Cambridge, &c., 



25 



INDEX TO THE C ONSTITUTION. 

- '- V. 

' . : • Page. 

Vacancies in Council, how filled, 38,42 

( .;" . in" Militia Offices, how filled, .... . . 20 

■ . " • in'; Offices of Secretary, Treasurer, Auditor and Attorney- 

; . General, how filled, 32,38 

-' '■ " . in Senate, how filled, 14 

Valuation of Estates,' when taken, 11 

Veto of Bills and Resolves, Power of, conferred upon Governor, . 9 

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

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

I " '. qualifications of, • . . . . . . . 12,15,31,39,42 

Votes, all Civil, Officers to be elected by a plurality of, ... 37 
" Returns of, by whom made, examined, &c., . . .12, 13, 17, 38 

w. 

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

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

Year, Political, when to begin and end, 33 



§mxd ^kkits m)i ^pmal ^ds 



MASSACHUSETTS. 



18 6 5. 



i^" The General Court of 1865 assembled on "Wednesday, the 
fourth day of January, and was prorogued on Wednesday, the 
seventeenth day of May. 

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



ACTS, 

GENERAL AND SPECIAL 



An Act making appropriations for the mileage and compen- Cjliav) 1 

SATION OP the officers AND MEMBERS OF THE LEGISLATURE, AT ■^' 

THE PRESENT SESSION THEREOF, AND ALSO FOR THE MILEAGE AND 
COMPENSATION OF THE LIEUTENANT-GOVERNOR AND COUNCIL, AND 
FOR THE SALARIES OF CERTAIN OFFICERS AND CLERKS FOR THE 
CURRENT YEAR. 

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

Section 1. The sums hereinafter mentioned are appro- Appropriations 
priated, to be paid out of the treasury of the Commonwealth, ^"'•^^'"''ed. 
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-five, to wit : 

LEGISLATIVE DEPAETMENT. 

For the mileage of senators, a sum not exceeding four senators' miie- 
hundred dollars. g^®s. 2, § 13. 

For the compensation of senators, a sum not exceeding compensation, 
twelve thousand three hundred dollars. ^" ^- ^' ^^ ^^' ^^• 

For the mileage of representatives, a sum not exceeding Representatives' 
twenty-three hundred dollars. g! 3*2% 13. 

For the compensation of representatives, a sum not exceed- compensation. 
ing 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 g. s. 2, § 17. 
as they may appoint, four thousand dollars. 

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

For the compensation of the preacher of the election ser- Preacher of eiec- 
mon, one hundred dollars. as.l^Tis". 

For the salary of the sergeant-at-arms, two thousand Sergeant-at-arms 

dollars. G.S.14,5 50. 



440 



1865. — Chapter 1. 



Door-keepers, Por the Compensation of the door-keepers, messengers and 

watchmen and pagcs of the scnate and house of representatives, and of such 
aT 2% 19, and watchmcu and firemen as may be employed in the state 
14, §§59, 60. house, a sum not exceeding nine tliousand five hundred 

dollars. 
witnesses|fo;s^ j^qj. fees of witncssos summoucd before committees, a sum 
41. ' ' ' not exceeding eight hundred dollars. 



Lieut, governor 
and council. 
G. S. 14, § 2. 

Governor's secre- 
tary. 
Res. 1861, 1. 

Messenger. 
6. S. 14, § 63. 

Asst. messenger. 
G. S. 14, § 63. 



EXECUTIVE DEPARTMENT. 

For the mileage and compensation of the lieutenant-gov- 
ernor and council, a sum not exceeding ten thousand dollars. 

For the compensation of the private secretary of the gov- 
ernor, fourteen hundred dollars. 

For the compensation of the messenger of the governor 
and council, eight hundred dollars. 

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



Secretary of Com- 
monwealth. 
Q. S. 14, § 3. 

First clerk. 
G. S. 14, § 4. 

Second clerk. 
G. S. 14, § 4. 

Messenger. 
G. S. 14, § 4. 

Additional cleri- 
cal assistance. 
G. S. 14, § 4. 



Treasurer and re- 
ceiver-general. 
G. S. 15, § 12. 

First clerk. 
G. S. 15, § 12. 

Assistant clerk. 
G. S. 15, § 12, 
Res. 1864, 36. 

Additional cleri- 
cal assistance. 
G. S. 15, § 12. 



secretary's DEPARTMENT. 

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

For the salary of the first clerk in the secretary's depart- 
ment, fifteen hundred dollars. 

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

For the salary of the messenger in the secretary's depart- 
ment, eight hundred dollars. 

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

treasurer's DEPARTMENT. 

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

For the salary of the first clerk in the treasurer's depart- 
ment, fifteen hundred dollars. 

For the salary of the first and second assistant-clerks in 
the treasurer's department, twenty-four hundred dollars. 

For such additional clerical assistance as the treasurer 
may find necessary, a sum not exceeding fourteen thousand 
five hundred dollars. 



COMMISSIONERS ON CORPORATION TAX. 

comm^si^ners^^^ For sucli clcrical assistaucc as the commissioners may find 
Acts%^'%08 necessary, a sum not exceeding twelve thousand dollars. 



1865.— Chapter 1. 441 

auditor's department. 
For the salary of the auditor of accounts, two thousand Auditor of ac- 

J ' counts. 

dollars. g. s. 15, § 2. 

For the salary of the first clerk in the auditor's depart- ^^'j^^fg'l''^^ 
ment, fifteen hundred dollars. 

For the salary of the second clerk in the auditor's depart- secondcierk. 
ment, eleven hundred dollars. 

For such additional clerical assistance as the auditor may Additional assist- 
find necessary, a sum not exceeding four thousand dollars, g. s! is, § 2. 



attorney-general S DEPARTMENT. 

For the salary of the attorney-general, two thousand five Attomey-generai 
hundred dollars. g. s. i4, § 16. 

For the salary of the clerk of the attorney-general, one cierk. 
thousand dollars. ' ' ' 

BANK commissioners' DEPARTMENT. 

For the compensation of the bank commissioners, sixty-six Bank commis- 

1 J J J n J J sioners. 

hundred dollars. Acts '62, 212. 

For the salary of the clerk of the bank commissioners, c'«'^^-,_ 
fifteen hundred dollars. 

INSURANCE commissioners. 

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

, Tin missioners. 

Sioners, three thousand dollars. Acts '62, 212. 

AGRICULTURAL DEPARTMENT. 

For the salary of the secretary of the board of agriculture, secretary board 

, , / ,, '' ° ' agriculture. 

two thousand dollars. o.sae, §4- 

For clerical assistance to the secretary of the board of ^'''^^"jg . ^^^^ 
agriculture, twelve hundred dollars. '62, 164.' 

BOARD OF STATE CHARITIES. 

For the salary of the secretary of the board of state chari- Board state char- 

,, inn ities, secretary. 

ties, two thousand dollars. Acts '63, 240, 

For such clerical assistance as the secretary of the board clerical assist- 
of state charities may find necessary, a sum not exceeding ^^ts'es 240 
four thousand dollars. § 3. 

For the salary of the agent of the board of state charities, ^^f"*- , 

, -^ Acts o3, iiv, 

two thousand dollars. § 7. 

For such clerical and other assistance as the agent of the Additional neces- 

in/i.,1.,. n -I J. sary assistance. 

board 01 state chanties . may find necessary, a sum not Acts '63, 240, 
exceeding sixty-five hundred dollars. ^ ^" 

MILITARY DEPARTMENTS. 

For the salary of the adjutant-general, two thousand ^gj^^gg^'fgj^'^' 
dollars. "^ ' 



442 



1865.— Chapter 2. 



First and second 
clerks. 

Acts '62, 214, 
'63, 17. 

Additional assist- 
ance. 

Acts '61, 219, 
H 15, 17. 

Messengers. 
Acta '61, 219, 
§§ 15, 17. 
Acting chief of 
ordnance. 
Acts '61, 219, 
§ 15. 

Quartermaster- 
general, clerk. 
Acts '61, 219, 
§ 15. 

Ordnance depart- 
ment, clerk.s. 
Acts '61, 219, 
§ 15. 

Surgeon-general. 
Acts '61, 219, 
§ 15. 

Assistant. 
Acts '61, 219, 
§ 15. 

First and second 
clerks. 

Acts '61, 219, 
U5. 

Additional assist- 
ance. 

Acts '61, 219, 
§ 15. 



Acts '61, 219, 
§15. 



For the salaries of the first and second clerks of the adju- 
tant-general, twenty-seven hundred dollars. 

For such additional clerical assistance as the adjutant- 
general may find necessary, a sum not exceeding twenty-one 
thousand dollars. 

For the salaries of messengers in the adjutant-general's 
department, thirteen hundred and eighty dollars. 

For the salary of the acting chief of ordnance, two thou- 
sand dollars. 

For the salary of the clerk of the quartermaster-general, 
eighteen hundred dollars. 

For such clerical assistance as the acting chief of ordnance 
may find necessary, a sum not exceeding twenty-five hundred 
dollars. 

For the salary of the surgeon-general, twenty-five hundred 
dollars. 

For the salary of the assistant surgeon-general, fifteen 
hundred dollars. 

For the salaries of the first and second clerks of the sur- 
geon-general, three thousand dollars. 

For such additional clerical assistance as the surgeon- 
general may find necessary, a sum not exceeding thirteen 
hundred dollars. 

For the salary of the messenger in the surgeon-general's 
department, three hundred and sixty dollars. 



Secretary board 
of education. 
G. S. 34, 5 8. 
Acts '64, 99. 
Clerk and assist- 
ant-librarian. 
G. S. 5, § 4. 
Additional assist- 
ance. 

G. S. 5, 5 5. 
Res. '61, 33. 
Agent of board. 
G. S. 34, § 9. 
Acts '64, 99. 



EDUCATIONAL DEPAETMENT. 

For the salary of the secretary of the board of education, 
twenty-four hundred dollars. 

For the salary of the assistant-librarian and clerk of the 
secretary of the board of education, fifteen hundred dollars. 

For additional assistance in the library, a sum not exceed- 
ing nine hundred dollars. 

For the salary of the agent of the board of education, 
twenty-four hundred dollars, to be paid from the income of 
the Massachusetts school fund. 

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

Approved February 3, 1865. 



Chap. 



Extension of time 
to July 1, 1868. 



An Act to extend the time for locating and constructing the 
agricultural branch railroad, and to authorize a change 
of location. 

Be it enacted, Sfc, as follows : 

Section 1. The time for locating and constructing the 

Agricultural Branch Railroad is hereby extended three years 

from the first day of July next. 



1865.— Chapters 3, 4, 5. 443 

Section 2. The said railroad company is hereby author- May change loca- 
ized to change the location of its railroad in the towns of 
Clinton and Berlin, so as to pass through the southerly 
corner of the town of Bolton, and to file a new location of 
the second and third sections of said road, extending from 
the line of the "town of Northborough to the Fitchburg and 
Worcester Railroad in the town of Sterling. 

Section 3. The said company is also authorized to locate May construct 
and construct a new track outside of their present location, *'^'*'"°"=*i *'^'^'=^- 
near the northerly line of the town of Southborough, not 
exceeding two hundred rods in length. 

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

Approved February 3, 1865. 
An Act to extend the time for locating and constructing the Chan. 3. 

NORTH ATTLEBOROUGH BRANCH RAILROAD. "' 

Be it enacted, §'c., as folloios : 

The time for locating and constructing the North Attle- Extension of time 
borough Branch Railroad is hereby extended to the first day ° *^ ' 
of May, in the year eighteen hundred and sixty-seven. 

Approved February 3, 1865. 

An Act to incorporate the proprietors of lyceum hall, in pj^nm A 

ANDovER. ^nap. ^. 

Be it enacted, ^c, as follows : 

Section 1. James M. Fessenden, Alpheus B. Southwick, corporators. 
James W. Dearborn, their associates and successors, are 
hereby made a corporation, by the name of The Proprietors Title. 
of the Lyceum Hall, for the purpose of erecting a building Purpose. 
in Andover, and maintaining the same for the accommoda- 
tion and purposes of a lyceum hall, lectures, and any other 
lawful purpose ; with all the powers and privileges, and sub- Privileges. 
ject 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 capital. 
twelve thousand dollars, divided into shares of one hundred shares. 
dollars each, and may hold, for the purposes aforesaid, real 
and personal estate not exceeding the amount of the capital Estate. 
stock. Approved February 3, 1865. 

An Act to authorize george h. rogers to build wharves in nhnv^ ^ 
GLOUCESTER. ^nap. D. 

Be it enacted, Sfc, as follows: 

Section 1. George H. Rogers is hereby authorized to May have 
build and maintain a wharf in front of his land at Clay ^0'^^^" and 
Cove, in the harbor of Gloucester, not exceeding four hun- coTeg*'^'^ " 
dred feet from the upland; also, to build and maintain a 



444 1865.— Chapters 6, 7. 

wharf at Crepple Cove, in said harbor, not to extend beyond 

the adjoining wharf of Epes Sayward ; said Rogers is also 
Gloucester hir- authorized to rebuild and extend his wharf in the harbor of 
bor. Gloucester, known as Gaffney's Wharf, to a point within fifty 

feet from the end of the next wharf easterly, known as 
Proviso. Steel's Wharf: provided^ that neither of said wharves shall 

extend beyond the harbor line in said Gloucester, to be 

hereafter established by law. 
dkTokaT'^* Section 2. Said George H. Rogers and his assigns may 

lay vessels at said wharves, and receive wharfage and dockage 

therefor. 

Section 3. This act shall not impair the legal rights of 

any person. Approved February 3, 1865. 

Chap. 6. An Act to authorize the Suffolk savings bank fok seamen and 

OTHERS TO HOLD REAL ESTATE. 

Be it enacted, ^c, as follows: 
May hold estate SECTION 1. The Suffolk Saviugs Bank, for seamen and 

in Boston for . ^ • i iii ^ ' ^ • c 

banking pur- otlicrs, IS hereby authorized to hold real estate m the city ot 
poses. Boston, to an amount not exceeding one hundred and fifty 

thousand dollars : provided, that no part of said amount 
shall be invested in real estate, except in the purchase of a 
suitable site and the erection or preparation of a suitable 
building, to be used for banking purposes ; and any income 
arising from such real estate shall be devoted exclusively to 
the interests of said corporation. 

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

Approved February 6, 1865. 

Chap. 7. An Act empowering cities to re-establish their wards. 

Be it enacted, ^c, as follows: 
May make new SECTION 1. The scvcral citics of tliis Commoiiwealtli may, 

division of wards .„, ini • t t • • ^ 

in 1865, and de- it they shall dcem it expedient, during the year eighteen 

after!" ^ ^^^' hundred and sixty-five, and in every tenth year thereafter, 

by vote of their respective city councils, make a new division 

of their wards, so that they shall contain, as nearly as may 

be consistent with well-defined limits to each ward, an equal 

number of voters in each ward, according to the census to be 

taken in the month of May in said years, anything in chapters 

eight and nineteen of the General Statutes to the contrary 

Proviso. notwithstanding : provided, however, that such new division 

of wards shall not go into effect before the tenth day of 

November, in any year in which said new division shall be 

made ; and provided, also, that no more wards shall be 

created than are allowed to each city by its charter. 

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

Approved February 6, 1865. 



1865.— Chapters 8, 9, 10, 11. 445 

An Act in addition to an act in relation to banks. Chap. 8. 

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

Section 1. The provisions of section first of chapter first Act of i862 ex- 
of the acts of the year one thousand eight hundred and sixty- ary,i866! 
two, shall continue in force until the first day of February, 
in the year one thousand eight hundred and sixty-six. 
Section 2. This act shall take effect upon its passage. 

Approved February 8, 1865. 

An Act to incorporate the union institution for savings in Chap. 9. 

the city of boston. 
Be it enacted, ^'c, as follows : 

Section 1. Moses B. "Williams, Patrick Donahoe, John C. corporators. 
Crowley, their associates and successors, are hereby made a 
corporation by the name of the Union Institution for Savings Title. 
in the City of Boston, with all the powers and privileges, and Privileges. 
subject to all the duties, liabilities and restrictions set forth 
in all general laws that now are or may hereafter be in force 
relating to institutions for savings. 

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

Approved February 8, 1865. 

An Act in relation to insurance assessments. Chap. 10. 

Be it enacted, ^c, as folloios : 

The provisions of the fifty-fourth section of the fifty-eighth vaiid notice to 
chapter of the General Statutes are hereby extended, so that tuh^ two Tears 
no assessment therein referred to shall be valid against any p^f;^ voiding of 
person who has not been duly notified thereof in writing, 
within two years after the expiration or cancellation of his 
policy. Approved February 8, 1865. 

An Act ratifying an amendment of the constitution of the nhri^-i 1 1 
united states, proposed by the two houses of congress to ^ ' 

the legislatures op the several states. 

Whereas the senate and house of representatives of the Preamble, re- 
United States did, on the thirty-first day of January, one coLgreTs' for pro- 
thousand eight hundred and sixty-five, resolve, two-thirds of tures of* states'.''" 
both houses concurring, " That the following article be 
proposed to the legislatures of the several states, as an 
amendment to the constitution of the United States, which, 
when ratified by three-fourths of said legislatures, shall be 
valid to all intents and purposes as a part of the said con- 
stitution, namely : 

" Article XIII. 
" Section 1. Neither slavery nor involuntary servitude. Article of amend- 
except as a punishment for crime, whereof the party shall ™^"'" 
have been duly convicted, shall exist within the United 
States, or any place subject to their jurisdiction. 
9 



446 



1865.— Chapters 12, 13, 14. 



Congress may 
enforce. 

Ratification of 
amendment by 
Massachusetts. 



" Section 2. Congress shall have power to enforce this 
article by appropriate legislation." 

Be it therefore enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority 
of the same, That the said amendment be and it is hereby 
agreed to, ratified and confirmed, on the part of this Com- 
monwealth, to become valid as part of the constitution of the 
United States, as soon as the same shall be ratified by three- 
fourths of the legislatures of the several states. 

Approved February 8, 1865. 

An Act to incorporate the national sailors' home. 
Be it enacted, §'c., as follows: 

George B. Upton, Alexander H. Rice, James L. Little, 
their associates and successors, are hereby made a corpora- 
tion by the name of the National Sailors' Home, for the 
purpose of establishing and maintaining in this Common- 
wealth a home for sailors, marines and others employed in 
the naval service of the United States, disabled by wounds, 
sickness, old age or otherwise, without regard to the place of 
their enlistment ; 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, and with power to hold 
real and personal estate for the purposes above set forth. 

Approved February 9, 1865. 

13. An Act relating to the venue of actions by or against 
executors and administrators. 

Be it enacted, ^'c, as folloics : 

May be brought SECTION 1. Trausitorv actious, by or against executors or 

as at decease ofT..., ■,■,'' i,- i • i-i ^ 

testator or intes- admuiistrators, may be brought m any county m whicli such 
^^'®' action might have been brought by or against the testator or 

intestate, at the time of his decease. 

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

Approved February 9, 1865. 



Chap. 12. 

Corporators. 

Title. 
Purpose. 



Privileges. 



Chap. 



Chap. 14. 



May loan on 
savings deposit 
books, and U. S. 
and Mass. securi- 
ties to four-fifths 
of value. 



Deposit books not 
redeemed within 
limitation need 



An Act amending the charter of the pawners' bank. 
Be it enacted, §'c., as follows : 

Section 1. The Pawners' Bank, in the city of Boston, is 
herel)y authorized to loan on pledge of the deposit books of 
savings banks, and on pledge of bonds and other securities of 
the United States and of this Commonwealth, and it shall be 
lawful to loan on the same to four-fifths of their appraised 
value. 

Section 2. In case the savings bank deposit books afore- 
said, pledged to the bank, shall not be redeemed within the 



1865.— Chapters 15, 16, 17. 447 

time limited, it shall not be necessary for the bank to sell the not be soid but 
same at public auction, but said bank may convert tlie same the discretion of 
or so much thereof as may be necessary to pay the debt, in ^"'^*''°''*- 
such mode and at such time as in the judgment of the 
directors will best secure the interests of all parties, holding 
the net surplus in accordance with the eighth section of the 
charter of -said Pawners' Bank. 

Section 3. The said Pawners' Bank is hereby authorized Bank may invest 
to invest in the aforesaid bonds and other securities of the u. t'. securuies^ 
United States and of this Commonwealth, such portion of its ptoyed in loanT' 
capital as is not employed in its regular loans. 

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

Approved February 9, 1865. 
Ax Act to increase the capital stock'of the American watch Chap. 15. 

COMPANY. 

Be it enacted, Sfc, as foUoics : 

Section 1. The American Watch Company, in the town 
of Waltham, may increase its capital stock to an amount not 
exceeding five hundred thousand dollars, in addition to the 
amount now allowed by law, the same to be divided into 
shares of one hundred dollars each. 

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

Approved February 9, 1865. 
An Act to extend the time for the construction of the QJiar), 16. 

AVRENTHAM BRANCH RAILROAD. "' 

Be it enacted, §'c., as follows: 

The time allowed to the Wrentham Branch Railroad Com- ^^|^"^«"i ^ ^*y 
pany for the construction of its railroad, is hereby extended ' 
to the first day of May, in the year one thousand eight hundred 
and sixt3^-seven. Approved February 9, 1865. 

An Act TO CONTINUE IN force an act incorporating the union (JJidY) 17 

MUTUAL FIRE INSURANCE COMPANY, IN BOSTON. -^' 

Be it enacted, ^c, as follows : 

Section 1. The act of the year one thousand eight hun- Extended with- 
dred and forty-three, entitled An Act to incorporate the tiiie.'™' 
Union Mutual Fire Insurance Company, and all acts in 
addition thereto or in amendment thereof, shall be, remain 
and continue in force, from and after the twenty-second day 
of March, in the year one thousand eight hundred and sev- 
enty-one ; and said Union Mutual Fire Insurance Company 
shall continue to have and enjoy all the powers and privileges 
and be subject to all the duties and liabilities of a mutual fire 
insurance company from and after said date, in like manner 
and to the same effect as if said act incorporating said 
company had contained no limitation of time. 

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

Approved February 9, 1865. 



us 1865.— Chapters 18, 19. 

Chap. 18. -^-^ -^CT TO KXTEND THE TIME FOR CONSTRUCTING THE BOSTON, BARRE 

AND GARDNER RAILROAD. 

Be it enacted, Sfc, as follows: 
Extended to May TliG time allowed to the Boston, Barre and Gardner Rail- 
road Company for the construction of its railroad, is hereby 
extended to the first day of May, in the year one thousand 
eight hundred and sixty-eight. Approved February 9, 1865. 

Chap. 19. An Act concerning the militia. 

Be it enacted, ^'c, as follows : 
Captain enrolling SECTION 1. The captaiu of thc standing company in any 
militia o7duta'ct^ military district, who shall enroll the militia in said military 
cha^p!^ 238,^to'^be disti'ict, accordiug to the provisions of the two hundred and 
rantof'^overnor" thirty-ciglith cliaptcr of the acts of the year eighteen hundred 
under pay-roll of aud sixty-four, and who shall make correct returns of the 
adjutant-general, ^r^^^^^^ accordiug to law, sliall reccivc a compensation of fifty 
dollars, to be paid from the treasury, upon the warrant of the 
governor, and according to a pay-roll to be made up by the 
adjutant-general . 
Compensation for SECTION 2. Tlic captaiii of tlic standing company in any 
turning rolls "^of military district, who is required by law to revise and correct 
qiitr'e'dVllw''^ thc enrollment rolls of the said military district, and to make 
annual returns of such revised and corrected rolls, shall, upon 
the performance of such duty in any year, receive a compen- 
sation of twenty-five dollars, to be paid from the treasury upon 
the warrant of the governor, and according to a pay-roll to be 
made up by the adjutant-general. 

Return of family SECTION 3. So mucll of tllC tCUth SCCtioU of thC tWO llUU- 

sect° lof'Ac't of dred and thirty-eighth chapter of the acts of the year eighteen 

mt'dmed!"'^""'"** hundred and sixty-four, as requires the roll of each company 

to state what parents, brothers or children each man enrolled 

in said company may have living, and their respective names, 

ages and residence, is hereby repealed. 

Age nor non-en- SECTION 4. No citizcn of tlic Commonwealtli above the 

roUment not to coin in , c ^ ^ • ^' 

render citizen in- agc 01 lorty-fivo ycars shall, on account ot such age, be nieli- 

i'n muftia" "^"^^ giblc to offico iu tlic militia, nor incapable of serving in a 

volunteer company, and no citizen of the Commonwealth, 

otherwise qualified, shall be ineligible to office in the militia 

from not having been enrolled therein. 

Armory of com- SECTION 5. Wlicu a couipauy is fomicd from different 

tiguous'^''°towns' towns, the commanding officer shall determine, subject to the 

temined!'"'^ '^^' approval of the quartermaster-general, in which town the 

armory shall be located, and the place of such armory may 

be changed by the said commanding officer, with the approval 

of the quartermaster-general. 

Act of '64 incon- SECTION 6. So mucli of scctiou cighty-uine of chapter two 

sfrepeaTed. ^^^ ' huiidrcd and thirty-eight of the acts of the year eighteen 



1865.— Chapters 20, 21, 22, 23. 449 

hundred and sixty-four, as is inconsistent with the provisions 
of the preceding section, is hereby repealed. 

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

Approved February 15, 1865. 
An Act to extend the time for coxstructing the koad of the Chap. 20. 

SOUTH DANVERS AND LYNN STREET RAILWAY COMPANY. 

Be it enacted, §'c., as follows : 

The time allowed the South Danvers and Lynn Street Extension to 
Railway Company to construct its road, is hereby extended °^' ' 
to the thirteenth day of November, in the year eighteen 
hundred and sixty-seven. Approved February 15, 1865. 

An Act to authorize the broadway railroad company to Chap. 21. 

INCREASE its CAPITAL STOCK. ^' 

Be it enacted, §'c., as folloics : 

Section 1. The Broadway Railroad Company is hereby 
authorized to increase its capital stock by adding thereto a 
sum not exceeding one hundred thousand dollars. 

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

Approved February 15, 1865. 
An Act in addition to an act iNCORpORATma the williston Chav. 22. 

SEMINARY. ^' ^' 

Be it enacted, ^'c, as folloics : 

Section 1. The Williston Seminary is hereby authorized May increase reai 
to hold real and personal estate to the value of one hundred tatl^*'^^'"'*^ ^^" 
and twenty thousand dollars in addition to the amount 
which it is now authorized to hold ; the same to be applied 
to purposes specified in the act incorporating said seminary. 

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

Approved February 15, 1865. 
An Act to incorporate the church of our redeemer, in Chan 23 

HOLLISTON. "' 

Be it enacted, Sfc, as folloics : 

Section 1. George T. Daniels, Frank 0. Paddleford, corporators. 
Amasa C. Daniels, their associates and successors, are hereby 
made a corporation, by the name of the Church of Our Title. 
Redeemer, in Holliston, with all the powers and privileges. Privileges. 
and subject to all the duties, restrictions and liabilities, set 
forth in the general laws which now are or may hereafter be 
in force, relating to such corporations, with power to hold 
real and personal estate to an amount not exceeding in value Estate. 
the sum of twenty thousand dollars. 

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

Approved February 15, 1865. 



450 1865.— Chapters 24, 25; 

Chart. 24. -^^ ^^^ "^^ authorize obed baker, third, to build a wharf 

-* * * IN SOUTH DENNIS. 

Be it enacted, ^"c, as follows : 

Authority. Obed Baker, third, proprietor of land situate on the east 

side of Bass River, in that part of Dennis called South 
Dennis, is hereby authorized to build and maintain a wharf 
adjacent to his land aforesaid, and to extend the same into 
said river a distance of not more than seventy feet from high 
water mark, with a right to lay vessels at the end and sides 
of said wharf, and to receive wharfage and dockage therefor : 

Proviso. provided, that this grant shall in no wise impair the legal 

rights of any person. Approved February 15, 1865. 

Chun. 25. -^^ -^^"^ "^^ INCORPORATE the MARLBOROUGH GAS LIGHT COMPANY. 

Be it enacted, Sfc, as follows : 

Corporators. SECTION 1. Samucl Boyd, Tliouias Corey, Joseph Boyd, 

their associates and successors, are hereby made a corpora- 
Title, tioii by the name of the Marlborough Gas Light Company, 
Purpose. for tlic purposc of manufacturing and selling gas in the town 
of Marlborough, with all the powers and privileges, and 
subject to all the duties, restrictions and liabilities set forth 
in the general laws which now are or may hereafter be in 
force relating to such corporations. 
May use streets Section 2. Said corporatiou, with the consent in writing 
selectmen. of tlic Selectmen of said town, shall have power and authority 
to dig up and open the grounds in any of the streets, lanes 
and highways in said town, for the purpose of sinking and 
repairing such pipes and conductors as may be necessary to 
accomplish the object of the corporation and for the purpose 
Private rights not aforesaid ; but such consent shall not affect the right or 
to be afifected. remedy to recover damages for any injury which shall be 
caused to persons or property by the doings of such corpora- 
streets and ways tiou. Thcy sliall put all such streets, lanes and highways 

opened to be re- . . , '' t i , t • ,^ • t 

stored. which are opened, mto as good repau^ as they were m when 

they were opened, and upon failure so to do within a reason- 
able time, shall be deemed guilty of a nuisance. 
Corporation to be The Said Selectmen shall at all times have power to regu- 
and*^ control of latc, rcstraiu and control all acts and doings of the said 
selectmen. corporatiou wliicli may in any manner affect the health, 

safety, convenience or property of the inhabitants of said 
town. 
Capital stock and SECTION 3. Said corporatioii may liold sucli real estate as 

estate defined. , -, "^ • , o ii n • -i 

may be necessary and convenient ior the purpose aioresaid, 
not exceeding in value the sum of twenty thousand dollars ; 
and the whole capital stock shall not exceed the sum of fifty 
thousand dollars. 
.Section 4. This act shall take effect upon its passage. 

Approved February 15, 1865. 



1865.— Chapters 26, 27. 451 

An Act to ixcouporate the national dock and warehouse Chap. 26. 

COMPANY. 

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

Section 1. Elisha T. Loring, Elijah D. Brigham, Samuel corporators. 
Gould, their associates and successors, are hereby made a cor- 
poration, by the name of the National Dock and Warehouse xitie. 
Company, with power to purchase and hold the whole or any 
part of the real estate, with all the rights, easements, privileges Privileges. 
and appurtenances thereto belonging, situate in East Boston, J-ocation. 
and bounded and described as follows, namely : North-easterly 
by Sumner street, south-easterly by Lewis street and by land 
and pier held and occupied by the East Boston Ferry Com- 
pany, south-westerly by the Commissioners' line, and north- 
westerly by the Carleton estate, so called ; also, all the right, ^y*^*^f^°^'j°pgj.j. 
title, interest and reversion, of the East Boston Wharf Com- companies; titles 
pany or its assigns in the fee of Lewis street, and in the land, cSred!^*^^^'*''' ^^ 
piers, docks and other real estate, of the East Boston Ferry 
Company adjoining the first described land, and shall have 
all the powers and privileges, and be subject to all the 
duties, liabilities and restrictions set forth in the general laws 
which now are or may hereafter be in force relating to such 
corporations. 

Section 2. Said corporation may use, improve and man- Powers of new 
age the premises aforesaid, and the warehouses, buildings '^°^^°'^'^ '°°' 
and improvements thereon, and may erect other warehouses 
and buildings on the same ; may mortgage, lease, sell and 
convey said premises, or any part thereof; may maintain and 
construct wharves and docks upon said premises, and lay 
vessels thereat, and receive wharfage and dockage therefor, 
and do all other business connected therewith, and with the 
use and enjoyment of said premises: provided, however, vroviso. 
that nothing herein contained shall be deemed to authorize 
the building of any wharf or dock now forbidden or 
unauthorized by law. 

Section 3. The capital stock of said corporation shall not capital stock ana 
exceed one million dollars, and shall be divided into shares ^'^"^*' 
of one hundred dollars each. Said corporation may hold Personal estate. 
such personal property as may be necessary or convenient for 
the purposes set forth in this act. 

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

Approved February 17, 1865. 

An Act in relation to the rockport steam cotton mills. Chap. 27. 
Be it enacted, §"c., as folloios: 

Section 1. All the acts done by David Kimball, Eliab P. Acts of nominal 
Mackmtire and Newell Giles, claiming to be treasurers of the 7^1^"''^''^ 



452 1865.— Chapters 28, 29. 

Rockport Steam Cotton Mills, for and during the time for 
which they may have been severally elected by the board of 
directors of such corporation, are hereby made valid and con- 
firmed to the same extent as they would have been valid 
had they been during the same time regularly elected by the 
stockholders. 
Form of election SECTION 2. Notliiug lu this act sliall be construed to 
firmed!* ^^'^^' authorize a future election of treasurer in any other manner 
than that which is required by law. 

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

Approved February 17, 1865. 
Chan 28 -^^ ^^^ ^^ change the name of the Baldwin place baptist 

^ ' ' SOCIETY, AND FOR OTHER PURPOSES. 

Be it enacted^ ^-c, as follows : 
Name changed. SECTION 1. Tlic uamc of tlic Baldwin Place Baptist Society 

is hereby changed to Second Baptist Society in Boston. 
Society may sell SECTION 2. The Said Sccoud Baptist Society is hereby 
and'^*erect°^new autliorizcd to scU and convey its meeting-house, in Baldwin 
house. place, in the city of Boston, with the land occupied and 

improved therewith, on such terms as it may think expe- 
dient, and to erect a new meeting-house on Canton street or 
elsewhere in said Boston. 
Rights and privi- SECTION 3. The proprietors of pews in said meeting-house 
toffdefined"^"^ sliall coiitinue members of the corporation until the new 
meeting-house is finished and twenty pews therein are sold, 
unless they sooner convey their said pews in said meeting- 
house in Baldwin place ; and after twenty pews in the said 
new meeting-house are sold, the proprietors of pews in said 
new meeting-house shall be the sole members of the cor- 
poration ; provided, that nothing herein contained shall be 
construed so as to impair the legal rights of the owner of 
any pew in said Baldwin place meeting-house. 

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

Approved February 17, 1865. 
Chan 29. -^^ "^^^ ^^ authorize the congregational society of grove- 

■^' ' LAND TO TAX THE PEWS IN ITS MEETING-HOUSE. 

Be it enacted, Sfc, as follows : 

Section 1. All sums of money which shall hereafter be 
voted to be raised by the Congregational Society of Grove- 
land, for the purpose of repairing its meeting-house, shall be 
assessed upon the pews in said meeting-house, according to a 
valuation of said pews which shall be fixed by the society ; 
and all assessments upon the pews, as aforesaid, may be col- 
lected in the manner provided by an act authorizing the pro- 
prietors of churches, meeting-houses and other houses of 



1865.— CHArTERs 30, 31, 32. 453 

public worship, to regulate and manage their property and 
interests therein, approved on the twenty-fourth day of 
February, in the year one thousand eight hundred and 
eighteen. 

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

Approved February 17, 1865. 
An Act to authorize Elijah doane to build a wharf ix QJi^p^ 30. 

PROVINCETOWN. //. . 

Be it enacted, &,'€., as follows : 

Elijah Doane, owner of land and flats in Provincetown, is 
hereby authorized to build and maintain a wharf in the 
harbor of said Provincetown, adjacent to his land and flats 
aforesaid, and extending to low-water mark in said harbor, 
with a right to lay vessels at the end and sides of said wharf, 
and receive wharfage and dockage therefor : provided, hoiv- 
ever, that if a commissioners' line is hereafter duly established 
by authority of law, in the harbor of said Provincetown, said 
wharf shall not be maintained beyond siich line ; and pro- 
vided, also, that this grant shall in no wise impair the legal 
rights of any person. Approved February 17, 1865. 

An Act to promote the safety of travellers on highavays. QJiap. 31. 

Be it enacted, Sfc, as folloivs : 

Section 1. Cities and towns may by ordinance or by-law citiea and towns 

,.,., n .T. 1 ' • 1 ii ma V regulate rate 

prohibit persons from ridmg or driving horses, or otlier ofspeedoftrayei 
beasts of burthen, carriage or draught, in or upon any of the Luies'^fofM'oia- 
streets or ways for public travel therein, at a rate of speed f'on. 
which they deem inconsistent with the public safety or con- 
venience, under such penalties as they are authorized to 
impose for breaches of other ordinances or by-laws. 

Section 2. A person violating a provision of such ordi- Persons offend- 
nance or by-law, may be apprehended by a sheriff, deputy p°fhraded'"with- 
sheriff, constable, police officer or watchman, without a °ant^""*° ^^"^ 
written warrant, and kept in custody in a convenient place, 
not more than twenty-four hours, Sundays excepted ; at or 
before the expiration of which time he shall be brought 
before a justice of the peace or police court, and proceeded 
against according to law. 

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

Approved February 17, 1865. 

An Act concerning the Massachusetts bounty fund. CllClp. 32. 

Be it enacted, §'c., as follows : 

Section 1. Chapter three hundred and thirteen of the scrip issued un- 
acts of the year eighteen hundred and sixty-four, entitled may be expressed 
"An Act to establish the Massachusetts Bounty Fund, and to j," BrYtafn."^'"'^ 
10 



454 1865.— Chapters 33, 34, 35. 

create a sinking fund for its redemption," is hereby so 
amended as to allow so much of the scrip therein authorized 
as the governor and council may deem expedient, to be 
expressed in the sterling currency of Great Britain, instead 
of the currency of the United States. 

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

Approved February 17, 1865. 

Chan 33 "^^ "^^^ relating to costs in certain cases. 

Be it enacted^ ^-c., as folloios : 
Briefs for argu- SECTION 1. In all procccdings at law or in equity, the 
S''prfnting''to°be p^rty entitled to costs shall lie allowed such sum as the 
auowed. court may deem reasonable, not exceeding ten dollars in any 

one case, for expenses actually incurred in printing copies of 

briefs required for the argument of cases on the law docket 

of the supreme judicial court. 

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

Approved February 17, 1865. 

Chap. 34. -^^ ^^"^ '^^ ^^"^ O^^ ^ part of the town of CHELMSFORD AND 
ANNEX THE SAME TO THE TOWN OF CARLISLE. 

Be it enacted, Sfc, as follows : 

Bounds defined. SECTION 1. So mucli of tlic towu of Chclmsford as lies 
southerly of the following described line, to wit, beginning 
at a point where the toAvns of Billerica, Carlisle and Chelms- 
ford meet, and running thence north sixty-two degrees and 
twenty-five minutes west two hundred rods, thence south 
eighty-three degrees and thirty-five minutes west three hun- 
dred and eighty rods, thence south seventy degrees and 
thirty-five minutes west three hundred and sixty-eight rods 
to a point where the towns of Westford, Carlisle and Chelms- 
ford meet, with the inhabitants thereon, is hereby set off from 
said town of Chelmsford and annexed to the said town of 

Proviso. Carlisle : provided, that the said land and the inhabitants 

thereon shall be holden to pay all such taxes as already have 
been lawfully assessed on them by said town of Chelmsford. 

I'ine declared SECTION 2. The liuc dcscribcd in the preceding section is 

hereby established as the boundary line between the said 
towns of Carlisle and Chelmsford. 

Approved February 17, 1865. 

Chat). 35. "^^ -^^^ MAKING APPROPRIATIONS FOR THE EXPENSES OF THE STATE 

^' ' ALMSHOUSES, THE HOSPITAL AT RAINSFORD ISLAND, THE SUPPORT 

AND RELIEF OF STATE LUNATIC PAUPERS, THE REFORM SCHOOL AT 

WESTBOROUGH AND THE NAUTICAL BRANCH THEREOF, AND FOR 

OTHER PURPOSES. 

Be it enacted, §'c., as follows: 
Appropriations SECTION 1. The sums hereinafter mentioned are appro- 
for current year. ppjr^|;Q(j ^q j^g p^id Qut of the trcasury of tlic Commouwcalth, 



1865.— Chapter 35. 455 

from the ordinary revenue, for the purpose of meeting the 
current expenses of the institutions hereinafter named, and 
for other purposes, during the year ending December thirty- 
first, eighteen hundred and sixty-five, to wit : — 

CHARITABLE. Almshouses: 

For the state ahnshouse at Tewksbury, a sum not exceeding Tewusbury. 
sixty-six thousand dollars. 

For the state almshouse at Monson, a sum not exceeding ^°°^°^- 
forty-five thousand dollars. 

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

For the hospital at Rainsford Island, a sum not exceeding Eainsford island 
twenty thousand dollars. g. s. 71! 

For the department of the general agent and for the state charities, 
expenses of the board of state charities, a sum not exceed- agent. 
ing fifteen hundred dollars. ^''' ''^^' 2*°' ^ ^• 

For the department of the secretary of the board of state board*"^ °^ 
charities, a sum not exceeding one thousand dollars. Acts -63, 240, § 3. 

For the support and relief of state lunatic paupers in state state,*"in ^hospi- 
hospitals, a sum not exceeding ninety thousand dollars. g'^'s^"73°'^ Acts 

For the transportation of state paupers, to be expended by '63, 210, § '9. 
the board of state charities, a sum not exceeding eight thou- pers° Trom" sttte 
sand dollars: provided, the same shall be expended only in ho"p|la?g7by*°'^ 
the transportation of state paupers from the several hospitals ^o^rd charities. 
and almshouses ; and a detailed report of such expenditures ^ ^^ ^^ auditor 
shall be rendered to the auditor of the Commonwealth, on required.^ 
the first day of every month. '63, '240'. ' ' 

For the transportation of state paupers to almshouses, a Transport to 
sum not exceeding three hundred and fifty dollars. g. s. 71, § 36. 

For the support of state paupers by the cities and towns, a support of by 

. ^^-,. ^„. 1 1 T n n municipahties. 

sum not exceeding fitteen hundred dollars. g.s.7i,§h3,44. 

For the burial of state paupers, a sum not exceeding three g^g'^^lQ^; 15 
thousand dollars. 

For the expenses of coroners' inquests, a sum not exceed- questirexpenses. 
ing fifteen hundred dollars. ffs^H 14^15. ^' 

For expenses incurred on account of Indians, a sum not Indians, for sup- 
exceeding three thousand dollars, viz. : to the guardian of ^°'^'' 
the Troy Indians, for their support, a sum not exceeding Troy. 
seven 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 nine 
hundred dollars, and for the salary of said guardian, one 
hundred dollars ; and to the treasurer of the Marshpee Marshpee. 
Lidians, for the support of certain old state paupers, a sum fund?y Ket^'^°'^ 
not exceeding two hundred dollars. 



456 1865.— Chapter 35. 

Pensions. For pensioHS, a sum not exceeding five hundred dollars. 

Sinking fund, To tliG almsliouse loan sinking fund for the redemption of 

A"s'-54,l55r°' scrip, the sum of three thousand dollars. 

Asylum for blind. For tlic Pcrkius' institution and Massachusetts asylum for 

Res. '64, 5G. ^|^^ blind, tlic sum of sixteen thousand dollars. 

School for idiots. For the Massachusetts school for idiotic and feeble-minded 

' ■ youth, the sum of nine thousand dollars. 
Deaf rautes, sup- For tlic support of Massachustts beneficiaries in the asylum 
lies!' '29-'47 and for dcaf and dumb at Hartford, the sum of thirteen thousand 
'64,41,94,38. ouc liuiidred dollars. 

Marthajohonnot For the anuuitics due from the Commonwealth, incurred 
Res. '41, 65. by tlic acceptancc of the bequests of the late Martha Johon- 

not, a sum not exceeding one thousand seven hundred and 

forty dollars. 
Persons a public For tlic rciuoval of pcrsous becoming a public charge, not 

charge, certain, .i-i.i j i -x-.i j.j 

for removal. authorizcd to DC rcmovcd by existing laws, a sum not exceed- 
^' ^' '^' ing five hundred dollars. 

EEFOEMATORY AND CORRLCTIONAL. 

State Prison, For expciises of tlic state prison, a sum not exceeding 

Acts '64,303. seventy-five thousand dollars. 

Reform School, For expciises of the state reform school for boys at West- 

penses"*"^ ^^' borougli, a suiu iiot cxceediiig fifty thousand dollars ; said 

sum to be expended solely for the current expenses of said 

Receipts from institutioii t aiid all sums received by said institution from 

cities and towns .,. ,', n ,^ i/.i • -iii 

to be paid Com- citics aiid towiis lor the support ot boys m said school 
monweaith. gball be paid into the treasury of the Commonwealth ; and 
Limitation of 110 moiiey appropriated by this act shall be expended by the 
g^'s.^to!"'^'^' trustees of said school for the erection of new buildings. 
Nautical Branch For tlic currciit expeiiscs of tlic nautical branch of the 

Reform School, i i i- ii i -\- ± j_ n J.^ 

expenses. statc rciorm school, a sum not exceeding twenty-five thou- 

Receipts from saiid dollars : and all sums received by said institution from 

cities and towns .. ^ ^ n ^ n t • • -i ^ 11 n 

to be paid Com- citics and towiis lor the support ot boys in said brancli shall 

G.^s^'ve. ' he paid into the treasury of the Commonwealth. 

Industrial For tlic currciit expenses of the state industrial school for 

School, expenses. -i.t , 1 t -i, ii ^ 

G. s. 75. gnis at Lancaster, a sum not exceeding eighteen thousand 

dollars. 
Arrest of fugi- For expeiiscs incurred in the arrest of fugitives from justice, 

tiTes, expenses. '- ° " ' 

G. s. 177. a sum not exceeding one thousand dollars. 

Agent discharged For tlic salaiy of ail agciit for the relief of discharged 
and^expenses.'^'^^ coiivicts, a sum iiot cxcecding eight hundred dollars ; and 
Acts '61, 78. ^Qj. ^i^Q expenditures of said agent, a sum not exceeding one 
thousand dollars. 

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

Approved February 17, 1865. 



1865.— Chapters 36, 37, 38. 457 

An Act to continue in fokce an act incorporating the Chan, 36. 

DEDHAM MUTUAL FIRE INSURANCE COMPANY. ^ 

Be it enacted, §'c., as foUoivs : 

Section 1. The act of the year one thousand eight hun- charter extended 
dred and thirty-seven, entitled An Act to incorporate the tlin of tim™' * 
Dedhani Mutual Fire Insurance Company, and all acts in 
addition thereto or in amendment thereof, shall be, remain 
and continue in force, from and after the twenty-second day 
of February eighteen hundred and sixty-five, and said com- 
pany shall continue to have and enjoy all the powers and 
privileges, and be subject to all the du.ties, liabilities and 
restrictions of a mutual fire insurance company from and 
after said date, in like manner and to the same effect as if 
said act incorporating said company had contained no limita- 
tion of time. 

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

Approved February 18, 1865. 

An Act to incorporate the chelsea fire insurance company. Chap. 37. 

Be it enacted, §'c., as follows : 

Section 1. Jesse Gould, Nehemiah Boynton, Noble M. corporators. 
Perkins, their associates and successors, are hereby made a 
corporation by the name of the Chelsea Fire Insurance Com- Title. 
pany, in the city of Chelsea, for the purpose of making purpose. 
insurance against losses by fire ; with all the powers and Powers and lia- 
privilcges, and subject to all the duties, restrictions and '^'^"'^^■ 
liabilities, set forth in all general laws which now are, or 
hereafter may be, in force, relating to such corporations. 

Sections. Said corporation shall have a capital stock of capHai stock and 
one hundred thousand dollars, divided into shares of one 
hundred dollars each, with liberty to pay in and increase the 
same to two hundred thousand dollars, and shall have a 
right to hold real estate for its own use not exceeding ten Real estate. 
thousand dollars. 

Section 3. Said corporation may commence business condition of cor- 
when one hundred thousand dollars of its capital stock p°'''^'*^ p°^*'^- 
shall have been subscribed and paid in in cash. 

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

Approved February 18, 1865. 

An Act to incorporate the proprietors of the maple grove nina-, QQ 

cemetery. ^'^"P- ^^- 

Be it enacted, ^'c, as follows : 

Section 1. James T. Ames, Bemiing Leavitt, Sylvanus corporators. 
Adams, their associates and successors, are hereby made a 
corporation by the name of the Proprietors of the Maple Title. 
Grove Cemetery, for the purpose of holding, managing and Purpose. 



458 1865.— Chapter 39. 

perpetuating a burial-place in the town of Cliicopee, with all 
Powers and lia- ^he powcrs and privileges, and suljject to all the duties, 
restrictions and liabilities provided in the first three sections 
of chapter twenty-eight of the General Statutes, 
of °p?o^p*erty ani SECTION 2. Beuniug Lcavitt is hereby authorized, when- 
rights authorized evcr said corporatlou shall be duly organized, to release and 
"ion"^ of "corpora- couvcy to said corporatiou all the real estate and rights of 
*"'°" property which he holds as survivor under the deeds by which 

the Springfield Canal Company heretofore conveyed certain 
lands in Chicopee to James K. Fletcher, Benning Leavitt, 
and Austin Chapin, second, in trust for the use of the inhab- 
itants of Cabotville, to be set apart as a burial ground for 
the said village. 

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

Approved February 24, 1865. 



Chan. 39. ^^ ^^^ making appropriations 

^ ' ' ' GOVERNMENT DURING 



FOR THE MAINTENANCE OF THE 
THE CURRENT YEAR. 

Be it enacted, §'c., as folloivs : 
Appropriations SECTION 1. Tlio sums hereinafter mentioned are appro- 
purposerspec^ priatcd, to be 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-five, to wit : — 

LEGISLATUEE. 

Printing, legisia- For printing and binding, ordered by the senate or house 
Res!' '56, 74. of representatives, or by the concurrent order of the two 

branches, a sum not exceeding twenty-five thousand dollars, 
senate""^' ^'^^^ stationery for the senate, purchased by the clerk of 

Res. '56, 74. tlic scnatc, a sum not exceeding nine hundred dollars, 
stationery, house For statioucry for the house of representatives, purchased 
tives!"^^'^^" *" by the clerk of the house of representatives, a sum not 
Res. '56, 74. excccding two thousand dollars. 

fenatl"^'*""'^'"' ^^^ printing blanks and circulars, and the calendar of 
Res. '56, 74. ordcrs of thc day, for the use of the senate, a sum not 

exceeding six hundred dollars. 
Printing, certain, For printing blanks and circulars, and the calendar of 
Rer^66, 74. ordcrs of the day, for the use of the house of representatives, 

a sum not exceeding seven hundred dollars. 
Expenditures by For books, statioucry, printinp: and advertisino:, ordered 

6ergeant-at-arms , ,-. , , /» ii i • i ^ l 

for legislature, by thc scrgeant-at-arms, lor tlie legislature, a sum not 
G. s. 14. exceeding six hundred dollars. 

Expenses of com- For the authoHzed expenses of committees of the legisla- 
as.Ti ture, a sum not exceeding eight hundred dollars. 



1865.— Chapter 39. 459 

For clerical assistance to committees authorized to employ ciencai assist- 

1 iTTii 1 *nce to com- 

the same, a sum not excecdmg three hundred dollars ; ana mittees. 
the auditor is hereby authorized to audit bills for such assist- ^' ^' ^^' 
ance, the saiue having been approved by the chairman of 
such committees, or other members authorized by the com- 
mittees to certify such accounts. 

EXECUTIVE DEPARTMENT. 

For postage, printing and stationery for the governor and Postage, station- 
council, a sum not exceeding five hundred dollars. tive department. 

For the contingent expenses of the council, a sum not councuj 'contin- 
exceeding one thousand dollars. |";°|; -^^ 

For contingent fund of the governor and council, for mill- Governor and 
tary purposes, a sum not exceeding ten thousand dollars, coatlnge^!^''^*'^ 
which shall be allowed and paid. 

For any expenses which may be incurred under the Agencies in other 

,T • , n ,1 1 111- -J.! • States for aid of 

authority oi the governor and approved by hmi, m the mam- Mass. soldiers. 
tenance of agencies at such places out of this Commonwealth 
as he may find needful, for the oversight and aid of sick and 
wounded or distressed Massachusetts soldiers, and in the 
necessary and proper disbursements incident thereto, a sum 
not exceeding twenty-five thousand dollars, which shall be 
allowed and paid. 

STATE HOUSE, 

For fuel and lights for the state house a sum not exceed- Fuei and ligiits 
ing four thousand dollars. o's'if '' 

For repairs, improvements and furniture of theji state Furniture, re- 
house, a sum not exceeding thirty-five hundred dollars. Gk's!'i4.*' 

For contingent expenses of the senate and house of repre- senate and house 
sentatives, and necessary expenses in and about the state '^''"tingent. 
house, a sum not exceeding fifteen hundred dollars : pro- proviso. 
vided, that no part of such sum shall be expended for ^- ^- 1*- 
stationery, postage, printing, repairs or furniture, or for the 
purchase of any article or thing, or to effect any object for 
which an appropriation is otherwise made in this act, or in 
any act which may be subsequently passed. 

STATE PRINTING. 

For printing such number, not exceeding seventy-five printing general 
thousand, of the pamphlet edition of the general acts and q^sIs. 
resolves of the present year, for distribution in the Common- 
wealth, a sum not exceeding fourteen thousand dollars. 

For printing and binding two thousand five hundred "Blue book" edi- 
copies of the '' blue book " edition of the acts and resolves resowes.''^^ ^"^ 
of the present year, with the governor's messages and other ^" ^' ^' 



460 



1865.— Chapter 39. 



Publication of 
general laws. 
G. S. 3. 



Blanks for re- 
turns births, 
marriages and 
deaths. 
G. S. 21. 

Printing and 
binding public 
documents. 
G. S. 4. 



Supreme judicial 
court reports. 
Acts '59, 290. 

PubUcation of 
bank returns. 
G. S. 57. 

Assessors' books. 
Acts '61, 167. 

Printing returns 
of assessors re- 
lating to certain 
taxes. 
Acts '61, 171. 

Printing and 
binding rail- 
road reports. 
Acts '62, 135 ; 
Acts '64, 167. 
Printing for re- 
turns of aid to 
soldiers' families. 



Numbering bank 
note impressions. 



Incidental : 
Secretary. 
G. S. 14. 

Treasurer. 
G. S. 11, 15. 

Auditor. 
G. S. 15, 57. 

Attorney-general 
books, fees, costs, 
and court and 
oflSce expenses. 
G. S. 14. 



matters, in the usual form, a sum not exceeding three thou- 
sand dollars. 

For the publication of the general laws, and all other 
information intended for the public, a sum not exceeding 
three hundred dollars. 

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

For printing the public series of documents in the last 
quarter of the year one thousand eight hundred and sixty- 
five, under the direction of the secretary of the Common- 
wealth, and for binding the copies to be distributed to the 
towns and cities, a sum not exceeding thirty thousand 
dollars. 

For term reports, a sum not exceeding sixty-five hundred 
dollars. 

For the weekly and monthly publication of bank returns, 
a sum not exceeding five hundred dollars. 

For assessors' books, 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, a sum not 
exceeding thirty-five hundred- dollars. 

For printing and binding the annual railroad reports, a 
sum not exceeding fifteen hundred dollars. 

For printing blanks for returns from cities and towns, of 
aid re:|dered to the families of volunteers, a sum not exceed- 
ing 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, the 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. 

INCIDENTAL EXPENSES. 

For incidental expenses of the secretary's office, a sum not 
exceeding four thousand dollars. 

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

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

For the purchase of books for the library in the office of 
the attorney-general, a sum not exceeding one hundred 
dollars, which shall be allowed and paid. For fees,, costs 
and court expenses of the attorney-general, and for inci- 



1865.— Chapter 39. 461 

dental expenses in the office of the attorney-general, a sum 
not exceeding five hundred dollars. 

For incidental expenses of the bank commissioners, a sum Bank commis- 

T -111 i/'Piin sioners, expenses. 

not exceednig one hundred and iiity dollars. q. s. 57. 

For the incidental expenses of the insurance commissioners, insurance com- 
a sum not exceeding five hundred dollars, and for express penses, etc. 
charges and insurance publications, a sum not exceeding one ^' ^' ^ • 
hundred dollars. 

For the incidental exiienses of the commissioners on cor- corporation tax 

... . T ± ± n T -I 1 commissioners, 

poration taxes, a sum not exceednig twenty-five hundred expenses. 

dollars. Acts '64,208. 

MILITARY. j^j.j.^^^ 

For the incidental expenses and express charges of the Adjutant-generai 
adjutant-general, a sum not exceeding five thousand dollars, o-'^ris!' 

For the expenses of the quartermaster-general's depart- Quartermaster- 
ment, a sum not exceeding four thousand dollars. Acts 'ei, 219. 

For the expenses of the department of the master of ord- M^^'er of ord- 

T no 1 Tin nance. 

nance, a sum not exceednig fitteen thousand dollars. Acts '6I, 219. 

For militia bounty, a sum not exceeding twenty thousand Miiuia bounty. 
dollars. 

For military accounts, a sum not exceeding ten thousand ^^g^^^g*^- 
dollars. 

For the rent of armories, a sum not exceeding ten thou- ^™°5^^^' '^'''^'• 
sand dollars. 

For the reimbursement of cities and towns for money paid Reimbursement 
on account of aid to families of Massachusetts volunteers, a soidi™r°s°*fammes 
sum not exceeding two million five hundred thousand dollars ; Acts°'^°6i, 222,- 
the same to be payable on the first day of December, eighteen ^f^^ ^62, ee.isi; 
hundred and sixty-five. Acts '64, 47,143'. 

For uniforms and quartermasters' supplies for the equip- Equipment of 
ment of the state militia, a sum not exceeding seven hundred Acts '64, 238. 
and fifty thousand dollars. 

For expenses of the paymasters' department, a sum not Itl^tmelt. 
exceeding twelve thovisand five hundred dollars. ^^^^ '^^' ^^^' ^ 

For the expenses of the surgeon-general's department, a surgeon-gene- 
sum not exceeding five thousand dollars. ment. 

Acts '61, 219. 
AGRICULTURAL. .^^^^^ 

For bounties to agricultural societies, a sum not exceeding Bounties, 
fourteen thousand five hundred dollars. G.'^s.'ee. 

For the travelling expenses of members of the board of Board of agri- 
agriculture, a sum not exceeding twelve hundred dollars. tiis.""^*^' 

For the travelling expenses of the secretary of said board, gecretlry, trarei, 
all postages and necessary expenses, a sum not exceeding two P°^'^||' ®''^- 
hundred and fifty dollars. " ' 

11 



462 



1865.— Chafier 39. 



Incidental. 
G.S. 16. 

Printing report. 
Res. '56, 74. 

State cabinet. 



For other incidental expenses of said board, a sum not 
exceeding one hundred and fifty dollars. 

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

For the state cabinet, a sum not exceeding two hundred 
dollars, which shall be allowed and paid. 



Commissioners 
on public lands, 
pa}', assistance 
and expenses. 
Res. '57,70; Acta 
'60,200,§3; Acts 
'64, 313. 



Slieriffs, for dis- 
tributing blanks, 
etc. 
G. S. 157. 

State library, for 

books. 

G. S. 5. 



Inspector of gas- 
meters, salary. 
Acts '61, 168. 
Emergency fund. 
Acts '58, 22. 



Union loan sink- 
ing fund. 



Bounty loan 
sinking funds. 



Street railway 
commissioners. 
Res. '64, 86. 



MISCELLANEOUS. 

For the compensation of the commissioners on public lands 
and for such clerical assistance as they may find necessary, a 
sum not exceeding thirty-five hundred dollars ; for contingent 
and incidental expenses of said commissioners, a sum not 
exceeding one hundred dollars ; said sums to be paid from 
the moiety of the proceeds of sales applicable to improve- 
ments. And the residue of said moiety is hereby appropriated 
to be applied and used in accordance with the statutes. 

To the sheriffs of the several counties, for distributing 
blanks and making returns of votes, a sum not exceeding 
eight hundred and fifty dollars. 

For the purchase of books for the state library, twenty- 
three hundred dollars, to be expended under the direction of 
the trustees and librarian. 

For salary and expenses of the inspector of gasmeters, a 
sum not exceeding three thousand dollars. 

For the emergency fund, ten thousand dollars, which is 
hereby made applicable to, and may be used during the 
present political year, for the purposes and under the provi- 
sions and limitations now provided by law. 

To the union loan shiking fund, established under chapter 
two hundred and nine, section two, of the acts of the year 
eighteen hundred and sixty-one, to be invested in accordance 
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 sixteen thousand dollars. 

To the bounty loan sinking fund, established under chapter 
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 twenty thousand dollars. 

To the bounty loan sinking fund, established under chap- 
ter thiee hundred and thirteen of the acts of eighteen hun- 
dred and sixty-four, to be invested in accordance with the 
provisions of section three of said chapter, the sum of sixty- 
four hundred and twenty dollars. 

For the compensation and expenses of the street railway 
commissioners, a sum not exceeding one thousand dollars. 



1865.— Chapter 40. 463 

For tlie comi)ensation and the expenses of the commis- commissioners 

, > in, i Til °n harbors and 

sioners on harbors and flats, a sum not exceeding three flats, pay. 
thousand dollars. Kes.'62,88. 

For fitting up the office of the auditor of accounts, to be Auditor's depart- 
allowed and paid, a sum not exceeding three hundred dollars, ■°®"'' ^^'^"''''^• 
the same to be expended under the direction of the auditor. 

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

Approved February 27, 1865. 



Chap. 40. 



An Act making appropriations from the funds and the income 

of the funds herein mentioned, and for other purposes. 
Be it enacted, S^-c, as follows: 

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

The income of the Rogers book fund shall be expended in Rogers book 
accordance with the conditions named by the donor, in con- ^'^"'*' ''"=°'"«- 
formity with chapter two hundred and fifteen of the acts of 
the year eighteen hundred and fifty-seven. 

The income of the Todd normal school fund shall be paid Todd normal 
to the treasurer of the board of education, to be applied in income.*^""'^' 
such manner as shall be prescribed by said board, in accord- 
ance with chapter thirty-six of the General Statutes. 

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

Section 2. The sums mentioned in this section are charies River and 
appropriated to be paid out of the Charles River and Warren fund.*"^ ^^"^^^ 
bridge fund, for the year eighteen hundred and sixty-five, to Acts'64,257. 
wit : — 

On account of the Charles River bridge, — charies River 

For repairs on said bridge and buildings belonging thereto, RepSs. 
a sum not exceeding twenty-nine hundred dollars. 

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

For gas, oil, fluid and fuel, a sum not exceeding six hun- Fuei and lights. 
dred dollars. 

For incidental expenses, a sum not exceeding two hun- incidental. 
dred and fifty dollars. 

For the compensation of the draw-tender on said bridge. Draw-tender, 
the sum of twelve hundred dollars. ^"^^ '^^' ^^^ 

On account of the Warren bridge, — warren bridge. 

For repairs on said bridge and buildings belonging thereto. Repairs. 
a sum not exceeding fifteen hundred dollars. 

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



464 1865.— Chapter 41. 

Fuel and lights. For gas, Oil, fluid and fuel, a sum not exceeding six hun- 
dred dollars. 

Incidental. For Incidental expenses, a sum not exceeding one hundred 

and fifty dollars. 

Draw-tender. ^OT thc compeusation of the draw-tender on said bridge, 

' ' the sum of eleven hundred dollars. 

Essex bridge tolls SECTION 3. Tlic sums mentioned in this section are 

AcM°59ri22.' appropriated to be paid out of the moneys arising from the 
tolls collected on the Essex bridge, for the year eighteen 
hundred and sixty-five, to wit : — 

Agent. For the salary of the agent of said bridge, the sum of one 

Acts '59, 122. 1 1 J J 11 "^ ^ ° ' 

hundred dollars. 
Toll -gatherers For the compcnsatiou of the toll-gatherers and draw- 

and draw-tend- , , • i i • i i i . • i -i ^ 

ers tenders upon said bridge, a sum not exceeding six hundred 

Acts '59, 122. ^^ji^^g_ 

Maintenance and For the repair and maintenance of said bridge, a sum not 

repairs. excccding twcuty-five hundred dollars. 

Lights. For gas, oil and fluid, a sum not oxceeding three hundred 

dollars. 
Incidental. For incidental expenses, a sum not exceeding thirty 

dollars. 
Payment to state And all moucys arisiug from the tolls on said bridge shall 

treasury. ^^ ^^j^ -^^^^ ^^^^ ^^^^^ trCaSUiy. 

Income of funds SECTION 4. Ill all cascs for whicli uo othcr provision is 
not provided for. j^g^^jg ]^y ^^^^ ^Y\e incoiue or any surplus thereof, of all funds 

belonging to or in custody of the Commonwealth, shall be 

added to the principal. 

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

Approved February 27, 1865. 

Chat) 41. -^^ ^^^ MAKING APPROPRIATIONS FROM THE MOIETY OF THE INCOME 
■^* * OF THE SCHOOL FUND APPLICABLE TO EDUCATIONAL PURPOSES. 

Be it enacted, Sfc, as follows : 

Appropriations SECTION 1. The sums hereinafter mentioned in this sec- 

authonzed. ^^^^^ ^^^ appropriated and shall be allowed and paid out of 

the moiety of the income of the school fund applicable to 

educational purposes, for the year eighteen hundred and 

sixty-five, to wit : — 

state normal For thc support of the four state normal schools for the 

schools, support, current year, under the direction of the board of education, 

the sum of twenty-four thousand dollars. 
Mass. teachers' For tlic Massacliusctts tcacliers' association, the sum of 
vLTonai!°°' ^'^°' eight 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 eighteen hundred and 



1865.— Chapters 42, 43. ' 465 

sixty-five, and furnish satisfactory evidence tliereof to the 
auditor. 

For the American institute of instruction, the sum of American insti- 
three hundred dollars, to be paid to the president or treas- uon." "^^"^"''" 
urer of said institute in the month of August next. 

For postage, printing, advertising, stationery, the trans- Board of edu- 
portation of documents for the board of education, and for reuiry.^"*^ ^^''' 
the secretary thereof, and also for any contingent expenses *^" ^- ^*- 
of the normal schools, not otherwise provided for, a sum not 
exceeding eight thousand dollars. 

For teachers' institutes, the sum of twenty-eight hundred Teachers' insti- 
dollars. o. s.35. 

For the support of state scholarships, the sum of forty-eight state scholar- 
hundred dollars. g.'s!'37. 

For aid to pupils in the state normal schools, a sum not Normal pupils. 
exceeding four thousand dollars. 

For the expenses of the members of the board of educa- Expenses board 
tion, and the treasurer thereof, a sum not exceeding three a"s*34°' 
hundred dollars. 

For the support of certain Indian schools, the sum of four Indian schools. 
hundred and five dollars. 

For county associations of teachers, the sum of three Teachers' county 
hundred dollars. ^ Zu^uls. 

For completing the room for the cabinet of natural history Natural history 
at the Westfield normal school, the sum of three hundred satinet, room, 
dollars. 

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

Approved Februarij 27, 1865. 

Ax Act relating to suits ix equity. Chai). 42 

Be it enacted, ^c, as follows : 

When a party to a suit in equity dies, and the cause by Decease of party 
the rules of equity may be revived against or in favor of an iuthwize'^'suit 
executor, administrator, heir, devisee or other person, such ^^^''^'^' 
representative may, in lieu of proceedings to revive the same, 
appear or be summoned to prosecute and defend in like 
manner as is provided in relation to suits at law. 

Approved February 27, 1865. 

Ax Act relatixg to trustee process in cases of assignment. Chap. 43. 
Be it enacted, ^'c, as folloius : 

Section 1. "Whenever any goods, effects or credits, in the "^aiid cuim un- 
hands of a supposed trustee, are claimed by another person, foT seclTritTof 
by force of an assignment from the defendant, and such auowed upon r^e- 
adverse claimant, being admitted as a party to the suit, as 1^^^^ "^ p'^'"^- 
provided in section sixteen of chapter one hundred and forty- 
two of the General Statutes, shall establish the validity of 



service 

cess. 



466 1865.— Chapters 44, 45. 

sucli assignment, and it shall appear that the same is held 
only as security for a debt, the court shall, upon the request 
of the plaintitf, proceed to ascertain and determine the 
amount due upon such debt at the time of the service of said 
Excess subject as proccss upou the trustcc ; and the excess in the hands of 
posed by court.'^ such trustcc, abovc the amount so found due, shall be sub- 
ject to be held by the trustee process, in the same manner 
and with the same effect as if no such assignment existed ; 
or the court may proceed in the case in the same manner 
as is provided by sections sixty-eight, seventy and seventy- 
one of chapter one hundred and twenty-three of the General 
Statutes in relation to the attachment of personal property 
mortgaged. 
Valid assignment SECTION 2. No assignment of future earnings shall be 
of ^recorr upon valid against a trustee process, unless, before the service of 
P''°' such process upon the alleged trustee, the assignment shall 
have been recorded in the office of the clerk of the city or 
town where the assignor resides at the time of such record ; 
G. s. 151, § 3, to and the provisions of section three of chapter one hundred 
^^^^' and fifty-one of the General Statutes shall apply to such 

assignments. 
Record not to af- SECTION 3. Sucli record sliall not affect the rights or 

feet except under tim-ipji j- j> i i 

section two. liability 01 thc person or corporation, from whom sucli earn- 
ings are due, otherwise than is provided in section two of 

this act. Approved February 27, 1865. 

Chcr/D 44 -^^ -^"^^ RELATING TO THE DISCHARGE OF CONVICTS. 

Be it enacted, ffc, as folloios : 
Limitations of SECTION 1. Wlieii a coiivict has been confined in a prison, 

confinement for -, « ,- • •^ ,i i p c ,,i-, 

certain penalties, housc 01 corrcctiou, jail Or othcr placc 01 confinement, thirty 
days for fine, or fine and costs, not exceeding ten dollars, or 
forty days for fine, or fine and costs, not exceeding twenty 
dollars, he shall be discharged. 

G. s. §7,ch.i80, Section 2. Section seven of chapter one hundred and 
eighty and section nine of chapter one hundred and seventy- 
four of the General Statutes, are hereby repealed. 

Approved Fehruary 27, 1865. 



repealed. 



Chap. 45. 



An Act concerning the indorsement of writs. 
Be it enacted, ^"c, as folloios : 



Non-resident Section 1. "Wheii it appcars to the court in a case now 

furnish indorser peudiiig. Or hcrcafter to be commenced, that a plaintiff, resi- 

OTer8igM,"''aft''er dcut out of tlic Commoiiwcalth, has, by accident, mistake or 

entry in court, inadvertcnce, failed to have his writ, bill or process indorsed 

according to the provisions of section twenty, chapter one 

hundred and twenty-three of the General Statutes, the court 

may, in any stage of the case, allow him, upon such terms 



Chap. 47. 



Selectmen 



I860.— Chapters 46, 47. , 467 

as seem just and reasonable, to furnish an indorser with the 
same effect as if the writ, bill or process had been indorsed 
before entry in court. 

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

Approved February 27, 1865. 
An Act for the protection of sea fowl in popponessett and QJin^j 46 

WAQUOIT BAYS. -^ * 

Be it enacted, ^'c, as follows: 

Section 1. No person shall drive, chase or pursue, with worryingomrds 
boats, in the waters of Popponessett Bay and Waquoit Bay, pro'iii'i'ed. 
in the county of Barnstable, any of the birds commonly 
called sea fowl. 

Section 2. Any person offending against the provisions penalty for 
of the preceding section, shall forfeit and pay for each and offs^iiiog- 
every offence a fine of not n^ore than five dollars, to be 
recovered by prosecution before any court of competent 
jurisdiction. Approved February 27, 1865. 

An Act relating to the alewife fishery in barker's river. 
Be it enacted, ^c, as follows : 

Section 1. The selectmen or any committee for the time 
being of the town of Pembroke, having in charge the regu- committee may 
lation of the alewife fishery in Barker's River in said town, ways above weir, 
may at their discretion close the passage-ways above the 
weir upon said river for the passage of alewives to the Indian 
Ponds, so called, in Pembroke, and may take any other 
measures which they may deem necessary, and which are 
not prejudicial to the rights of mill owners, to obstruct and 
effectually prevent the passage of alewives above said weir : 
provided, that said selectmen or committee shall from the Proviso. 
first running of alewives, after the tenth day of April in each 
year, take and deposit alive and in good condition in said 
Indian Ponds not less than two thousand alewives, so that 
they may cast their spawn in said ponds. 

Section 2. Alewives coming to said weir after the num- Excess of com- 
ber of two thousand shall liave been deposited in said ponds maybetoKenand 
as herein before required, may be taken on any secular day f^w'!"**'^ ^^^^^ 
of the week, and at any hour of the day, and disposed of 
under the direction of said selectmen or committee in the 
manner now provided by law. 

Section 3. The mill owners upon said weirs sliall not be miii owners 

Til r>i ^ • •Till o ""^ l"^"le during 

liable to any of the penalties now provided by law lor not closure of ways, 
opening a passage-way for alewives, around or through their 
respective dams while said passage-ways are closed by order 
as aforesaid ; and nothing in this act shall be so construed powers of town 
as to abridge or impair the rights which any officers of said °^pai?ed? ^^ """" 



468 



1865.— Chapters 48, 49, 50. 



Chap. 



Last Tuesday of 
September. 



Repeal. 



town now have by law to regulate the flow of water in said 
river. 

Section 4. All acts and parts of acts inconsistent with 
this act are hereby repealed. Approved February 27, 1865. 

48. -A^N Act authorizing a change of time fok holding the annual 

EXHIBITION OF THE HAMPSHIRE AGRICULTURAL SOCIETY. 

Be it enacted, ^x., as follows : 

Section 1. The Hampshire County Agricultural Society 
shall commence its annual exhibition on the last Tuesday of 
September. 

Section 2. Anything in section sixteen chapter sixty- 
six of the General Statutes, inconsistent with the foregoing 
section, is hereby repealed. Approved February 27, 1865. 

Chcip. 49. An Act to incorporate the ^roadway insurance company. 

Be it enacted, ^x., as follows : 

Section 1. Samuel Leeds, Frederick Nickerson, Zibeon 
Southard, their associates and successors, are hereby made a 
corporation, by the name of the Broadway Insurance Com- 
pany, in the city of Boston, for the purpose of making insur- 
ance on real and personal property against losses by fire ; with 
all the powers and privileges, and subject to all the duties, 
restrictions and liabilities, set forth in all general laws 
which now are or hereafter may be hi force relating to such 
corporations. 

Section 2. Said corporation shall have a capital stock of 
one hundred thousand dollars, divided into shares of one 
hundred dollars each, with liberty to pay in and increase the 
same to three hundred thousand dollars, and shall have a 
right, after such increase, to hold real estate for its own use 
to an amount not exceeding twenty-five thousand dollars. 

Approved February 27, 1865. 

Chctp. 50. ^'^ -^CT IN addition to AN ACT TO INCORPORATE THE BIBLE 

society of MASSACHUSETTS, 

Be it enacted, SfX., as follows : 

Section 1. The corporation heretofore established by the 
name of the Bible Society of Massachusetts, shall hereafter 
be known by the name of the Massachusetts Bible Society, 
and by that name shall have, hold and enjoy all its rights 
and privileges, and be subject to all its liabilities and obliga- 
tions to the same extent as if its name had not been changed. 
Powers extended. SECTION 2. The Said socicty may publish, procure, pur- 
chase, circulate and distribute bibles and testaments in any 
other than the English language in the same manner and to 
the same extent as they are now authorized by law to 



Corporators. 



Title. 

Purpose. 



Powers. 



Capital. 
Shares. 



Real estate. 



Change of corpo 
rate name. 



1865.— Chapters 51, 52. 469 

distribute bibles and testaments of the version in common 
use in the churches in New England, anything in the act 
incorporating the said society to the contrary notwithstanding. 

Section 3. This act shall be void unless the same shall ^SJ^of act. 
be accepted by the said society at a meeting thereof called 
for that purpose, within thirty days after its passage. 

Approved February 27, 1865. 
An Act concekning the fall river, avarren and providence Chap. 51. 

RAILROAD COMPANY. 

Be it enacted, Sfc, as folloivs : 

Section 1. The Fall River, Warren and Providence Rail- May issue bonds 
road Company is hereby authorized, for the purpose of paying ness. 
the debt created by the construction of its railroad, and for 
other purposes, to issue bonds or other obligations, for an 
amount not exceeding two hundred thousand dollars, and at Amount. 
a rate of interest not exceeding six per cent, per annum, Rate of interest 
and to secure said bonds or other obligations by a mortgage *" security. 
upon its railroad, franchise and property. 

Section 2. Said company is hereby authorized to hold its Annual meeting 
annual meeting for the election of officers on the second 
Monday in March in each year. Approved February 27, 1865. 

An Act to incorporate the canton and hyde park railroad QJiqp^ 52. 

COMPANY. ■'■ 

Be it enacted, ^'c, as folloivs ; 

Section 1. Oliver Ames, Oakes Ames, Oliver S. Chapman, corporators. 
their associates and successors, are hereby made a corpora- 
tion, by the name of the Canton and Hyde Park Railroad Com- Title. 
pany, with all the powers and privileges, and subject to all Powers. 
the restrictions, duties and liabilities, set forth in the general 
laws wliich 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 on 
the Stoughton Branch Railroad, in the town of Canton, and 
near the junction of said Stoughton Branch Railroad with 
the Boston and Providence Railroad, thence running north- 
erly through Canton and in Milton, or in Dedham and Milton, 
to some convenient point on the Boston, Hartford and Erie 
Railroad, near Hyde Park, so called, in the town of Milton. 

Section 3. Said Canton and Hyde Park Railroad Com- May unite with 
pany may, with the consent of the Boston, Hartford and and "Erie co. '"^ 
Erie Railroad Company, enter with its road upon, and unite 
its road with, the road of tlie said Boston, Hartford and Erie 
Railroad Company, and use the said railroad, subject to 
the general laws of this Commonwealth relating to railroad 
corporations. 

12 



470 



1865. — Chapters 53, 54. 



May unite with 
Stoughton Br'ch 
Co. 



Capital stocl^, 
limitation de- 
fined. 



Shares. 

Real and per- 
sonal estate. 



Stoughton Br'ch, 
and Canton and 
Hyde Park Go's 
may unite by 
agreement of 
stockholders. 



Title of new cor- 
poration. 
Capital. 

Conditions of 
validity of act. 



Chap. 53. 



Extended to 
March 30, '67. 



Cliap. 54. 



Corporators. 



Section 4. The Canton and Hyde Park Railroad Com- 
pany is hereby authorized to enter with its road upon, or 
unite the same with and use the road of the Stoughton 
Branch Raih'oad Company ; and the Stoughton Branch Rail- 
road Company is hereby authorized to enter with its road 
upon, or unite the same with and use, the road of the Canton 
and Hyde Park Railroad Company. 

Section 5. The capital stock of said company shall be 
fixed by said company at an amount not less than one hun- 
dred and fifty thousand dollars, nor more than two hundred 
and fifty thousand dollars, and when so fixed shall not there- 
after be changed ; and said stock shall be divided into 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. 

Section 6. The Stoughton Branch Railroad Company and 
the Canton and Hyde Park Railroad Company are hereby 
authorized to unite with each other within five years from 
the passage of this act, upon such terms as may be agreed 
upon by said corporations, respectively, not inconsistent with 
the provisions of their respective charters, or the acts in addi- 
tion thereto, nor with the laws of this Commonwealth, by a 
vote of the stockholders representing a majority of the stock 
in the respective corporations, at legal meetings held for that 
purpose ; and thereupon said two corporations shall become 
one corporation, under the name of the Stougliton, Canton 
and Hyde Park Railroad Company, with a capital stock not 
exceeding the joint capital of the two corporations. 

Section 7. This act shall be void unless the said railroad 
is located within two years, and constructed within four 
years, from the passage thereof. 

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

Approved February 27, 1865. 

Ax Act to extend the time for constructing the Springfield 

HORSE RAILROAD. 

Be it enacted^ Sfc, as follows: 

The time within which the Springfield Horse Railroad 
Company may construct its road, is hereby extended to the 
thirtieth day of March in the year eighteen hundred and 
sixty-seven. Approved February 27, 1865. 

An Act to incorporate the boston and new york steamboat 

COMPANY. 

Be it enacted, ^'c, as follows : 

Section 1. Alexander Holmes, John A. Burnham, Uriel 
Crocker, their associates and successors, are hereby made a 



1865.— Chapters 55, 56. 471 

corporation by the name of the Boston and New York Title. 
Steamboat Company, for the purpose of navigating by steam Purpose. 
and other vessels, the waters of New York, Mount Hope and 
Narraganset Bays, the intervening waters and those con- 
nected therewith ; with all the powers and privileges, and General powers. 
subject to all the duties, liabilities and restrictions set forth 
in the general laws which now are or may hereafter be in 
force relating to such corporations. 

Section 2. The said company is hereby authorized and special authority 
empowered to build, purchase, hold, convey, hire and 
employ one or more steam or other vessels, with such appa- 
ratus and appendages as may be found necessary for steam 
navigation and the transportation of passengers and mer- 
chandise in any and all the waters aforesaid. 

Section 3. The capital stock of said corporation shall not capital stock. 
exceed one million of dollars to be fixed by vote of the cor- 
poration, and shall be divided into shares of the par value of scares. 
one hundred dollars each ; and said corporation shall have Assessments. 
power to assess, from time to time, upon said shares such 
sums as may be deemed necessary to accomplish the object 
of said corporation, not exceeding the par value of such 
shares. 

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

Approved February 27, 1865. 
Ax Act to extend the time for the construction of the Chcip. 55. 

EASTERN AVENUE. 

Be it enacled, Sfc, as follows : 

Section 1. The time allowed the city of Boston, as city of Boston 

„,_ ,. Pi-ni 1 • allowed until 

assignee ot the Iranchise oi the Jiastern Avenue corporation, March i, '68. 
to construct the avenue across South Boston fiats, is hereby 
extended to the first day of March, in the year eighteen 
hundred and sixty-eight. 

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

Approved February 28, 1865. 

An Act extending the time for the location and construction (JJkijj 55 
OF the mystic river railroad. ■^' 

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

The time allowed to locate the Mystic River Railroad is Extended to May 
hereby extended to the first day of May, in the year eighteen ' 
hundred and sixty-eight, and to construct the same, to the 
first day of May, in the year eighteen hundred and sixty- 
nine : provided^ if said road shall be located and built upon Protiso. 
the flats of the Mystic River Corporation, before the same 
shall be completely filled, then said road shall be there built 
upon piles. Approved March 2, 1865. 



472 1865.— Chapters 57, 58. 

Chcin. 57. -^^ '^^'^ AUTHORIZING THE CITY OF ROXBURY TO DIVERT THE WATERS 
■^ OF STONY BROOK. 

Be it enacted, ^'c, as follows : 
May divert from SECTION 1. The citj of Roxbuiy is hereby authorized, for 
street "to bounds the purposc of sewerago, to divert the waters of Stony Brook, 
of Brookiine. ^^ called, from a point within the territorial limits of said city, 
in the bend or elbow of said brook, in the angle formed by 
the intersection of Ruggles street with the Boston and Provi- 
dence Railroad, into and through a new channel to be con- 
structed from that point to some point in or near the boundary 
line between Brookiine and said city of Roxbury, easterly of 
the junction of said Stony Brook with Muddy River, so 
called. 
Compensation for SECTION 2. Any pcrsou iujurcd in his property by such 
and aldermen to divcrsiou shall liavc compcnsatiou therefor, to be determined 
determine. ^^ ^^^^ mayor aud aldermen of said city, to whom he shall 
make written application therefor within one year after such 
diversion shall have been made, and who shall finally adjudi- 
cate upon the question of damages within thirty days after 
the filing of said application, unless the parties agree in 
writing to extend the time. The benefit, if any, which the 
applicant may receive by reason of said diversion shall be 
allowed by way of set-off. 
Party aggrieved SECTION 3. If tlic applicant is aggrieved, either by the 
deiayfrnay'^have cstimato of hls damagcs or by a refusal or neglect within 
te7 "' «°°^™"' thirty days to estimate the same, he may, within three 
months from the expiration of said thirty days, or of the 
extended time, as provided in section two, apply for a jury, 
or, if both parties agree, a committee, and have his damages 
ascertained, in the manner provided where land is taken in 
Damages and laying out highways. If the damages are increased by the 
*'°^*^' jury or committee, the damages and costs shall be paid by 

the city, otherwise the costs arising on such application shall 
be paid by the applicant. Approved March 3, 1865. 

Chap. 58. An Act to authorize the town of Plymouth to establish her- 
ring fisheries in eel river and town brook. 

Be it enacted, ^~c., as follows : 
May estabiisii SECTION 1. The inhabitants of the town of Plymouth are 

and locate weirs, j-^g^.g^^y authorizcd to establish fisheries for herrings in the 

streams of said town known by the names of Eel River and 

Town Brook, and to locate weirs for taking herrings in said 

streams. 
May grant pow- SECTION 2. The Inhabitants of said town are further 
twewe'years!'*'"^ authorized to grant, for a period not exceeding twelve years 

from the passage of this act, the powers conferred by the 



1865.— Chapters 59, 60, 61. 473 

same to such person or persons as they may in town meeting 
elect. 

Section 3. At the expiration of the period of such grant, upon expiration 
the fisheries in said streams shall be sold annually, under the soiT'annuauy-^* 
direction of the selectmen of said town, and the proceeds paid 
into the treasury of said town. 

Section 4. Any person interfering with said fisheries, dis- Penalty for inter- 
turbing the weirs located by authority of said town, or tak- ^^'^^°'=®- 
ing any herrings in said streams, except by such authority, 
shall be punished by a fine not exceeding ten dollars for each 
offence. 

Section 5. No right is given by this act to the inhabitants Rights of per- 
of the said town of Plymouth to molest or disturb, or in any infringed*. ^'^ ^^ 
manner interfere with, any dams upon said streams, or pri- 
vate property upon the borders of said streams, without the 
consent of the owner or owners thereof. 

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

Approved March 6, 1865. 
An Act to authorize the boston and providence railroad nhnv) 59 

CORPORATION TO INCREASE ITS CAPITAL STOCK. t^' 

Be it enacted, ^c, as follows : 

The Boston and Providence Railroad Corporation is increase may be 
hereby authorized to increase its capital stock by adding *34o,ooo. 
thereto a sum not exceeding three hundred and forty thou.- 
sand dollars, to be divided into shares of one hundred dollars shares. 
each. Approved March 6, 1865. 

An Act in addition to an act to incorporate the cape cod CJkijj gQ* 

CENTRAL RAILROAD COMPANY. ' -* * 

Be it enacted, Sfc, as follows : 

The time allowed to the Cape Cod Central Eailroad Com- Time for con- 
pany for the construction of its railroad, is hereby extended tendedToott 
to the first day of October in the year eighteen hundred and i' '66- 
sixty-six. Approved March 6, 1865. 

An Act to incorporate the johnson felting mills. Chnn 61 

Be it enacted, Sfc, as follows : 

Section 1. William H. Thompson, Moses A. Johnson, corporators. 
Horace B. Shattuck, their associates and successors, are 
hereby made a corporation by the name of the Johnson Titie. 
Felting Mills, to be established in the city of Lowell, for the Location. 
purpose of manufacturing woolen goods ; with all the 
powers and privileges, and subject to all the duties, restric- Powers, 
tions and liabilities set forth in the general laws which now 
are or may hereafter be in force relating to manufacturing 
corporations. 



474 



1865. — Chapters 62, 63, 64. 



Real estate. 

Capital stock. 
Proviso. 



Chap. 62. 

Corporators. 



Title. 



Powers. 



Section 2. The said corporation may hold, for the pur- 
pose aforesaid, real estate to the amount of one hundred 
thousand dollars ; and the whole capital stock of said corpo- 
ration shall not exceed two lumdred and fifty thousand 
dollars, in shares of one hundred dollars each : provided, 
hoivever, that said corporation shall not go into operation 
until the sum of seventy-five thousand dollars of its capital 
has heen paid in, in cash. 

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

Approvid March 6, 1865. 

An Act to incorporate the north adams woolen company. 
Be it enacted, Sfc, as follows : 

Section 1. Sanford Blackington, John B. Tyler, Sylvan- 
der Johnson, their associates and successors, are hereby 
made a corporation by the name of the North Adams Woolen 
Company, for the manufacture of woolen or cotton cloths, in 
the town of Adams, in the county of Berkshire ; 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. 

Section 2. Said corporation may hold for the purposes 
aforesaid, real estate to the amount of one hundred and 
thirty thousand dollars. The whole capital stock of said 
corporation shall not exceed two hundred and fifty thousand 
dollars, and shall be divided into 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 cash. 

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

Approved March 6, 1865. 

An Act to extend the time for locating the milford and 
woonsocket railroad. 

Be it enacted, §'e., as follows : 

The time for locating the Milford and Woonsockct Rail- 
road is hereby extended to the first day of May in the year 
one thousand eight hundred and sixty-six. 

Approved March 6, 1865. 

Chaj). 64. An Act to extend the time for constructing the merrimack 

^' ' VALLEY HORSE RAILROAD. 

Be it enacted, §-c., as follows : 
Extension to May Thc timo allowcd tho Mcrrimack Valley Horse Railroad 
Company for the construction of its road, is extended to the 
first day of May in the year eighteen hundred and sixty-seven. 

Approved March 6, 1865. 



Capital stock. 



Shares. 



Chap. 63. 



Extension to May 
1, '66. 



1, '6 



1865.— Chapters 65, 66. ' 475 

An Act to authorize the first parish in boxford to sell Chap. 65. 

REAL ESTATE. 

Be it enacted, ^"c, as folloivs : 

Section 1. The First Parish in Boxford is hereby author- i^i^y sen pasture 
ized to sell, at public or private sale, at such time or times 
as it may choose, a certain lot of pasture land belonging to 
said parish, situated in said Boxford, and bounded on the Bounds. 
north by land of Richard Foster, on the west by land of 
Cornelius Pearsons and others, on the south by land of John 
K. Cole, and on the east by the highway ; and the treasurer Treasurer may 
of said parish for the time being, shall have authority to '=^'=''"'^ •^'"'*^- 
execute and deliver deeds, to convey said land in fee simple 
or otherwise. 

Section 2. The proceeds of the sale of said land shall be ^"Jpp*™/'!f^°J 
permanently invested in such manner as said parish shall income. 
direct ; and the same shall be held and the income thereof 
applied, in accordance with the trust upon which said land 
and the income thereof have been held and applied. 

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

Approved March 6, 1865. 



Chap. 66. 



An Act in addition to an act making appropriations for the 

maintenance op the governbient during the current year. 
Be it enacted, Sfc, as follows : 

Section 1. The sums hereinafter mentioned are appro- Appropriations 
priated, to be paid out of the treasury of the Commonwealth, 
from the ordinary revenue, for the purposes specified, to 
meet expenses for the year ending on the thirty-first day of 
December, eighteen hundred and sixty-five, to wit : — 

SUPREME judicial COURT. 

For the salary of the clerk of the supreme judicial court cierk s. j. court 
for the Commonwealth, three thousand dollars. G.'^s.^m.""^"^' 

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

For the salary of the reporter of the decisions of the Reporter of 
supreme judicial court, three hundred dollars. o^Tm! 

For expenses of said court, a sum not exceeding fifteen Expenses of 
hundred dollars. rs.'ii2. 

superior court. 

For the salary of the chief justice of the superior court, chief justice of 
three thousand seven hundred dollars. G.'s.'m?""*- 

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



476 



1865. — Chapter 66. 



Judges probate 

and insolvency : 

Suffolk. 

G. S. 119. 

Middlesex. 

G. S. 119. 

Worcester. 
Acts '64, 298. 

Essex. 

Acts '64, 298. 

Norfolk. 
G. S. 119. 

Bristol. 
Acts '64, 298. 

Plymouth. 
G. S. 119. 



Berkshire. 
Acts '64, 298. 

Hampden. 
Acts '64, 298. 

Hampshire. 
Acts '64, 298. 

Franklin. 
Acts '64, 298. 

Barnstable. 
G. S. 119. 

Nantucket. 
Acts '64, 298. 

Bakes. 

Acts '64, 298. 

Registers : 
Suffolk. 
G. S. 119. 

Assistant. 
G. S. 119. 

Middlesex. 
Acts '64, 298. 

Assistant. 
G. S. 119. 

Worcestsr. 
Acts '64, 298. 

Assistant. 
G. S. 119. 

Essex. 

Acts '64, 298. 

Assistant. 
Acts '64, 298. 



COURTS OF PROBATE AND INSOLVENCY. 

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

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

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

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

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

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

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

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

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

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

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

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

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

For the salary of the judge of probate and insolvency for 
the county of Dukes county, four hundred 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, eighteen 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, seventeen 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, seventeen hundred dollars. 

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



1865.— Chapter 66. 477 

For the salary of the register of probate and insolvency ^ll^°}h ogg 
for the county of Norfolk, twelve hundred dollars. 

For the salary of the assistant-register for the county of Actl^'g^'jgs 
Norfolk, eight hundred dollars. 

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

For the salary of the register of probate and insolvency q^'™i"]q'*- 
for the county of Plymouth, one thousand dollars. 

For the salary of the register of probate and insolvency Hampden. 
for the county of Hampden, one thousand dollars. ^ ' " ' 

For the salary of the register of probate and insolvency ?®'"^^*,^'''®oqo 
for the county of Berkshire, nine hundred dollars. ' " 

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

For the salary of the register of probate and insolvency for FrankUn. 

. Acts '64 *^dS 

the county of Franklin, seven hundred and fifty dollars. 

For the salary of tlie register of probate and insolvency Barnstable. 
for the county of Barnstable, seven hundred dollars. *^' ^' "^' 

For the salary of the register of probate and insolvency Nantucket. 
for the county of Nantucket, five hundred dollars. *"* '" ' 

For the salary of the register of probate and insolvency Dukes, 
for Dukes county, five hundred dollars. '^ ^ ' ""' ' 

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

DISTRICT-ATTORNEYS. 

For the salary of the attorney for the county of Suffolk, ^^^P^'-''^'°'- 
three thousand dollars. g'I'm 

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

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

For the salary of the attorney for the northern district, one Northern. 
thousand two hundred dollars. ^' ^' ^^' 

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

For the salary of the attorney for the middle district, one Middle. 
thousand two hundred dollars. ^' ^' ^^' 

For the salary of the attorney for the south-eastern district, south-eastern. 
one thousand two hundred dollars. ^' ^' ^^' 

For the sallary of the attorney for the western district, one western, 
thousand two hundred dollars. ^' ^" ■^*" 

For the salary of the attorney for the north-western district, North-western. 
eight hundred dollars. ^' ^" ■'^' 

13 



478 



1865.— Chapter 66. 



Police courts : 
Justices. 
Boston. 
G. S. 116. 
Adams. 
G. S. 116. 

Cambridge. 
G. S. 116. 

Charles town. 
Acts '62, 107. 

Chelsea. 
Acts '64, 256. 



Chicopee. 
G. S. 116. 



Fall River. 
Acts '62, 92. 

Gloucester. 
Acts '64, 127. 

Ilaverhill. 
Acts '61, 207. 

Lawrence. 
G. S. 116. 

Lee. 

Acts '61, 141. 

Lowell. 
G. S. 116. 

Lynn. 
G. S. 116. 

Milford. 
Acts '64, 70. 

New Bedford. 
G. S. 116. 

Newburvport. 
G. S. 116. 

Pittsfield. 
G. S. 116. 



Eoxbury. 
G. S. 116. 



?aleni. 
G. S. 116. 



Springfield. 
G. S. 116. 



'\riUiamstown. 
G. 3. 116. 



Worcester. 
G.S. 116. 



POLICE COURTS. 

For the salaries of three justices of the police court in 
Boston, seven thousand five hundred dollars. 

For the salary of the justice of the police court in Adams, 
eight hundred dollars. 

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

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

For the salary of the justice of the police court in Chelsea, 
one thousand three hundred dollars. 

For the salary of the justice of the police court in Chicopee, 
nine hundred dollars. 

For the salary of the justice of the police court in Fall 
River, one thousand two hundred dollars. 

For the salary of the justice of the police court in Glou- 
cester, eight hundred dollars. 

For the salary of the justice of the police court in Haver- 
hill, nine hundred dollars. 

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

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 Milford, 
eight hundred 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 Pittsfield, 
eight hundred dollars. 

For the salary of the justice of the police court in Roxbury, 
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 Williams- 
town, three hundred dollars. 

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



1865.— Chapter 67. ' 479 

For the salaries of the clerks of police courts, exclusive of f^^^^i^ llttlin^'' 
clerks elected under chapter one hundred and sixteen, section 
four, of the General Statutes, to wit : 

For the salary of the clerk of the police court in Boston, B°fton- ,^ 

,-, T -,•' ,, *■ Acts '60, 100. 

two thousand dollars. 

For the salaries of four assistant-clerks of said court, five ^^''|**Jj'^-. ^^^^ 
thousand two hundred dollars. '60, 1'oo. 

For the salary of the clerk of the police court in Cam- ^'"^^fA^e- 
bridge, five hundred dollars. 

For the salary of the clerk of the police court in Charles- ^'^^'■\f *°??,- 
town, five hundred dollars. 

For the salary of the clerk of the police court in Fall |^{^^e'2%2. 
River, six hundred dollars. 

For the salary of the clerk of the police court in Lawrence, g^^^ig; 
eight hundred dollars. 

For the salary of the clerk of the police court in Lowell, Q^g^^ie. 
one thousand dollars. 

For the salary of the clerk of the police court in Lynn, g^'g^jig 
three hundred dollars. 

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

For the salary of the clerk of the police court in Newbury- Newburyport. 
port, five hundred dollars. 

For the salary of the clerk of the police court in Roxbury, g°|''"i^- 
five hundred dollars. 

For the salary of the clerk of the police court in Salem, ^^^^i^^ 
nine hundred dollars. 

For the salary of the clerk of the police court in Worces- 7cT^6l^28i 
ter, nine hundred dollars. 

MUNICIPAL COURT. Municipal court, 

For the salary of the justice of the municipal court in ^igg°'°°- *'"*■ 
Taunton, one thousand dollars. Acta 'C4, 209, § 

For the salary of the clerk of the municipal court in cierk. 
Taunton, six hundred dollars. 2l ^ '^*' ^°^' ^ 

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

Approved March 6, 1865. 

An Act in relation to trials op the speed of horses. Chap. 67. 

Be it enacted, §-c., as foUoios : 

The ninth section of chapter one hundred and sixty-seven Premiums of ag- 
of the General Statutes shall not be so construed as to make ties to authorize 
unlawful, trials of the speed of horses for premiums offered '"*^^- 
by legally constituted agricultural societies. 

Approved March 6, 1865. 



480 • 1865.— Chapters 68, 69. 

Chctp. 68. -A-N Act to preserve the right of suffrage to soldiers axd 

SAILORS. 

Be it enacted, Sfc, as folloim: 

Voter, resident of SECTION 1. Whenever any person shall make application 

tOWD. MnV 1 I13-V~ ** A X J- 

ing within' two to the assossors of any city or town of this Commonwealth to 
vke'of u.'s'.^mly bc asscsscd a poll-tax for the then current year, and it shall 
upon paymenrol- appear that such applicant was on the first day of May pre- 
tax exercise suf- ceding a resident of said city or town and liable to pay a 
^^^^' poll-tax therein, but was not assessed therefor, and that 

such applicant is, or has been during any portion of the two 
years preceding such application, engaged in the military or 
naval service of the United States, it shall be the duty of 
such assessors forthwith to assess such tax, and notify the 
treasurer of such city or town of the same, and the person so 
assessed shall, upon payment of said tax, be entitled to the 
right to vote in said city or town to the same extent as if his 
taxes had been assessed and paid in the manner heretofore 
provided by law. 
K«p«^>- Section 2. Chapter one hundred and forty-four of the 

acts of the year eighteen hundred and sixty-four is hereby- 
repealed. 

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

Approved March 6, 1865. 



Chap. 69. 



An Act to provide for a decennial census. 

Be it enacted, §"c., as follows : 
Enumeration to SECTION 1. A ccusus of thc inhabitants of each city and 
and'each'deeaae towu iu thc Commonwcalth ou the first day of May, shall be 
thereafter. takcu in the ycar eighteen hundred and sixty-five, and in 

every tenth year thereafter, and shall contain a special 

enumeration of the legal voters residing in each town, and 

in each ward of the several cities. 
Form and desig- SECTION 2. Ill taking thc ccusus, tlic followiug particulars 
nation required, gj^^ll bc asccrtaincd and enumerated, in sepdrate columns of 

the schedule, to wit : — 

1. Dwelling-houses numbered in the order of visitation. 

2. Families numbered in the order of visitation. 

3. Name of each person in the family or dwelling. 

4. Age of each person one year old and upward. 

5. Sex of each person. 

6. Color of each person ; whether white, black, mulatto 
or Indian. 

7. Place of birth ; naming state, territory or country. 

8. Condition ; whether single, married or widowed. 

9. Profession, trade or occupation of every person over 
fifteen years of age. 



1865.— Chapter 69. 481 

10. Persons over twenty years of age who cannot read 
and write. 

11. Whether deaf and dumb, Wind, insane, idiotic, pauper 
or convict. 

12. Eatable polls. 

13. Legal voters. 

14. Naturalized voters. 

Section 3. The census shall be taken in cities by agents Agents to can- 

• .niji jii T • J. ij.1 vass in cities and 

apponited by the mayor and aldermen, and m towns by the towns, how ap- 
selectmen or by agents appointed by them. Such selectmen j^o^^tedandquai- 
or agents shall be sworn, shall make out in words at length, 
a return of the aggregates and results of said census, and 
shall sign and make oath to the truth thereof ; and a certifi- 
civte of the oath by the magistrate administering it shall be 
annexed thereto. They shall, on or before the twentieth Returns, time 
day of August of the same year, deliver the return to the transiS^ston.*'^ 
sheriff of the county, who shall transmit it to the^office of 
the secretary of the Commonwealth on or before the last day 
of said August ; or the selectmen or agents may themselves 
transmit the return to the office of the secretary, on or before 
the day last named. 

Section 4. The secretary shall, on or before the first day secretary of com- 
of May in each year in which the census is to be taken, trans- Ssh wanks". 
mit to the clerks of the several cities and towns, printed 
forms for the returns required by this act, with such instruc- 
tions as he may deem necessary, and a notice that the 
returns must be made into his office on or before the last 
day of August of the same year. 

Sections. The secretary shall prepare an abstract from shaii prepare ab- 
the census, showing the number of legal voters in each for legislature. 
town, and in each ward of the several cities, arranged by 
counties, and shall submit the same to the general court, 
within the first ten days of the annual session following the 
taking of such census. 

Section 6. If any selectman or agent wilfully refuses to Penalties for neg- 
perform any duty required of him by this act, he shall forfeit 8eiect'men''or ^ 
a sum not exceeding five hundred dollars ; and if he is guilty ^^^'^^^' 
of wilful deceit and falsehood in the discharge of his duty, he 
shall forfeit a sum not exceeding two thousand dollars, or be 
imprisoned not exceeding one year. A sheriff who shall sheriffs neglect, 
wilfully refuse or neglect to perform the duty required by 
this act, shall forfeit a sum not exceeding one thousand 
dollars. 

Section 7. Chapter twenty of the General Statutes is Repeal, 
hereby repealed. 

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

Approved March Q, 1865. 



482 1865.— Chapters 70, 71, 72. 

Chap. 70. -^N -^CT COXCEUNIXG THE SALEJX SAVINGS BANK. 

Be it enacted, §'c., as follows : 
Corporation to be SECTION 1. The Salein Savings Bank shall be subject to 
subject to laws. ^^^^ general laws which now are or may hereafter be in force, 
relating to savings banks and institutions for savings, as fully 
as if the act of incorporation had been passed subsequent to 
the eleventh day of March, in the year eighteen hundred and 
thirty-one. 

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

Approved March 8, 1865. 

Chap. 71. An Act in addition to an act concerning the fall river, war- 
ren AND PROVIDENCE RAILROAD COMPANY. 

Be it enacted, Sj-c, as follows : 

Act of 1866 to Section 1. The act entitled "An Act concerning the Fall 
ftlLi^^'^^ ^""" River, Warren and Providence Railroad Company," approved 
February twenty-seventh, in the year one thousand eight hun- 
dred and sixty-five, shall have the same legal effect as if it had 
gone into operation upon the passage thereof. 

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

Approved March 10, 1865. 

Chap. 72. -^^ ^""^ "^^ ESTABLISH THE BOUNDARY LINE BETWEEN THE TOWNS OF 
■^' ' MARION AND WAREHAM. 

Be it enacted, S^'c, as follows : 
Governor to Section 1. The govcrnor is hereby authorized, by and 

mSn.'^°'"* with the advice of the council, to appoint three commis- 
sioners, whose duty it shall be, after having duly notified 
the clerks of the towns of Marion and \Yareham, to inves- 
tigate all matters in dispute relative to the boundary line 
between said towns where said towns join, commencing at 
a stone monument in the old Plymouth county road, so 
called, at the corner of the towns of Rochester and Marion, 
and running southerly to the east side of Mendell's bridge, 
in Marion, to a bound established by chapter forty of the acts 
of the year eighteen hundred and fifty-nine. Said commis- 
sioners are authorized and required to establish and define, 
by proper monuments, said boundary line between said points 
ill the said towns. 
Report to be sub- Section 2. Thc commissioii hereby established shall have 

mitted to legisla- n ti . • ,^ • i j_ i r 

ture. full power to examine the premises, and to send lor persons 

and papers, and shall submit a report of their doings to the 
next legislature. 

Expense. Section 3. The cxpenscs of said commissioners shall bo 

borne equally by the towns of Marion and Wareham. 

Approved March 11, 1865, 



1865.— Chapters 73, 1L 483 

An Act to incorporate the new England steam packet Chap. 73. 

COMPANY. 

Be it enacted, ^'c, as follows : 

Section 1. Daniel Deslion, Alonzo Farrar, Stevens G. corporators. 
Palmer, their associates and successors, are hereby made a 
corporation, by the name of the New England Steam Packet Title. 
Company, with all the powers and privileges, and subject to Powers. 
all the duties, restrictions and liabilities set forth in tlie gen- 
eral laws which now are or hereafter may be in force relating 
to such corporations. 

Section 2. Said corporation is hereby authorized and special privileges. 
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 port of Boston and any port, city or town in the 
state of New Hampshire. 

Section 3. The capital stock of said corporation shall be capital stock. 
seventy-five thousand dollars, with liberty to increase the 
same by adding thereto an amount not exceeding one hun- 
dred and twenty-five thousand dollars, and shall be divided 
into shares of the par value of one hundred dollars each, stares. 
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 conditions of 
value thereof shall have been actually paid in, and no busi- '■'^*°'='i'^^- 
ness shall be transacted by said corporation until at least forty 
thousand dollars of its capital stock shall have been subscribed. 

Section 4. If said corporation shall not, within one year Limitation of 
from the passage of this act, have been organized and have '™^ prescribed, 
collected by assessment an amount equal at least to fifty per 
cent, of its capital stock subscribed, and shall not, within two 
years from the passage of this act, have one or more steam- 
ships or steam-propellers employed in the transportation of 
passengers and freight between said Boston and a port or 
ports in the state of New Hampshire^ 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. 

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

Approved March 11, 1865. 
An Act making additional appropriations for certain expen- Qhavy 71 

DITURES authorized IN THE YEAR EIGHTEEN HUNDRED AND J- ' 

SIXTY-FOUR, AND PREVIOUS YEARS. 

Be it enacted, Sfc, as follows : 

Section 1. The sums hereinafter mentioned are appro- Appropriations 
priated, to be paid out of the treasury of the Commonwealth, ^"^ °^^^ ' 



484 



1865. — Chapter 74. 



from the ordinarj revenue, except in cases otherwise ordered, 
for the purposes specified herein, to wit : — 



Printing and 
binding, senate 
and house. 
Res. '56, 74. 

Blanks and cir- 
culars, senate. 
Kes. '56, 74. 

Stationery, 
laouse. 
lies. '56, 74. 



LEGISLATIVE DEPARTMENT. 

For printing and binding for the senate and house of 
representatives, a sum not exceeding nineteen hundred and 
ninety-three dollars and thirty cents. 

For printing blanks and circulars for the senate, a sum 
not exceeding seven dollars and sixty-five cents. 

For stationery for the house of representatives, a sum not 
exceeding twenty-seven dollars and twenty-two cents. 



Lieut, gorernor 
and council, pay. 
G. S. 14. 



Governor and 
council, con- 
tingent. 
G. S. 14. 
Contingent for 
military pur- 
poses. 



Repairs and fur- 
niture, state 
house. 
G.S. 14. 

Fuel and lights. 
G. S. 14. 

Contingent, 
legislature. 
G. S. 14. 



Printing public 
documents '64. 
G. S. 4. 



General laws of 

'64. 

G.S. 3. 



Blue book of 'G4. 
G. S. 3. 



EXECUTIVE DEPARTMENT. 

For the compensation and mileage of the lieutenant-gov- 
ernor and council, a sum not exceeding five hundred and 
seventy-nine dollars. 

For the contingent expenses of the governor and council, 
a sum not exceeding four hundred dollars. 

For the contingent expenses of the governor and council 
for military purposes, a sum not exceeding fifteen hundred 
and forty dollars and thirty-nine cents, which shall be allowed 
and paid. 

STATE HOUSE EXPENSES. 

For repairs, improvements and furniture, a sum not 
exceeding eleven hundred and sixty-tliree dollars and fifty- 
two cents. 

For fuel and lights, a sum not exceeding six hundred and 
forty dollars and fifty-five cents. 

For the contingent expenses of the legislature, a sum not 
exceeding seven hundred and fifty-eight dollars and fifty-four 
cents. 

STATE PRINTING. 

For printing the public documents of the last quarter of 
the year eighteen hundred and sixty-four, a sum not exceed- 
ing twenty thousand dollars. 

For printing the general laws and resolves of the year 
eighteen hundred and sixty-four, a sum not exceeding forty- 
one hundred and sixty-four dollars and ninety-one cents. 

For printing the blue book of the year eighteen hundred 
and sixty-four, a sum not exceeding two hundred and sixty- 
two dollars and twelve cents. 



AGRICULTURAL DEPARTMENT. 

Board of agricui- Yov incidental expenses of the board of agriculture, a sum 
G. s. 16. ' not exceeding six dollars and seventy-five cents. 



1865.— Chapter 74. 485 

For the state cabinet, a sum not exceeding eight dollars state cabinet. 
and thirty-nine cents, which shall be allowed and paid. 

For expenses of the secretary of the board of agriculture, secretary board 
a sum not exceeding ninety-eight dollars and fifty-one cents, expenses" "™' 

MILITARY DEPARTMENT. 

For the salary of the surgeon-general, a sum not exceed- surgeon-generai, 
nig three hundred and thirty-three dollars and thirty-one ActJ'^ei, 219. 
cents. 

For the salary of the assistant-surgeon-general, a sum not ^^^'^^^?'.,ig 
exceeding two hundred dollars. " '" ' 

For the salary of the first clerk of the surgeon-general, a ^^^^ fj^^'lig 
sum not exceeding two hundred dollars. 

For the salary of the second clerk of the surgeon-general, Ig'tg^gj^'gig" 
a sura not exceeding eight dollars and thirty-three cents. 

For the salary of the messenger of the surgeon-general, a ^®^^®,^p^jg 
sum not exceeding seventy-five dollars. ' 

For expenses of the paymasters' department, a sum not Paymaster, 
exceeding three hundred dollars. Acts '61, 219. 

For military accounts, a sum not exceeding sixty-eight Military 
hundred and seventy-six dollars and twenty-seven cents. gXis!' 

For the compensation and expenses of agents for sick and Agents for inva- 
disabled soldiers, a sum not exceeding thirty-three hundred ^^ ^°i'i'«"' P*y- 
and twenty-nine dollars and sixty cents, which shall be 
allowed and paid. 

CHARITABLE DEPARTMENT. 

For the current expenses of the state almshouse at Mon- ^0^8^^^^' 
son, a sum not exceeding five thousand two hundred and expenses, 
fifty-nine dollars and twenty-nine cents. 

For the current expenses of the state almshouse at Tewks- Tewksbury. 
bury, a sum not exceeding fifteen thousand one hundred 
and eighty-six dollars and thirty-nine cents. 

For the current expenses of the state almshouse at Bridge- Bridgewater. 
water, a sum not exceeding two thousand one hundred and 
fifty-nine dollars and fourteen cents. 

For the current expenses of the hospital at Rainsford Rainsford island 
Island, a sum not exceeding fifty dollars and seventy cents. g°T*7l 

For expenses incurred in the support of the Dudley Dudley Indians, 
Indians, a sum not exceeding two hundred fifty-three dollars o\Ti4. 
and ninety-six cents. 

For expenses incurred in the support of Indian state Indian state pau- 
paupers in the district of Marshpee, a sum not exceeding ^"^' ^"^^°'''" 
nineteen dollars, which shall be allowed and paid. 
14 



486 



1865.— Chapter 74. 



state prison, 
expenses. 
Acts "64, 303. 



Keform school, 
expenses. 
G. S. 76. 



Nautical branch. 
Q. S. 76. 



State prison, ad- 
Tance payment to 
warden author- 
ized. 



REFORMATORY AND CORRECTIONAL. 

For the current expenses of the state prison, a sum not 
exceeding three thousand five hundred and seventy dollars 
and eighty cents. 

For the current expenses of the state reform school at 
Westborough, a sum not exceeding six thousand two hun- 
dred and fifty-four dollars and nine cents. 

For the current expenses of the nautical school, a sum 
not exceeding two thousand four hundred and forty-seven 
dollars and eighty-nine cents. 

From the appropriation for expenses of the state prison 
for the current year, there may be paid to the warden, in 
advance, a sum not exceeding one thousand dollars, to be 
accounted for in his monthly settlements. 



Secretary of Com- 
monwealth, inci- 
dental. 
G. S. 14. 

Treasurer, inci- 
dental. 
G. S. 15. 



Treasurer's extra 
clerks, salaries. 
G. S. 15; Acts 
'64, 208. 

Attorney-gene- 
ral, incidental. 
G. S. 14. 



Insurance 
missioners, 
dental. 
G. S. 58. 



com- 
inci- 



Electoral college, 
pay and mileage. 
Q. S. 9, § 17. 



Commissioners 
street railways, 
pay, etc. 
Res. '64, 86. 
Essex bridge, 
maintenance. 
Acts '59, 122. 



Charles river and 
Warren bridges. 
Acts '64, 257. 



Experts for gov- 
ernor. 



MISCELLANEOUS EXPENSES. 

For the incidental expenses of the secretary's department, 
a sum not exceeding four hundred and eighty-nine dollars 
and six cents. 

For the incidental expenses of the treasurer's department, 
a sum not exceeding two thousand six hundred eighty 
dollars and thirty-four cents. 

For the salaries of the treasurer's extra clerks, a sum not 
exceeding six thousand eight hundred eighty dollars and 
sixty-nine cents. 

For fees, costs and incidental expenses of the attorney- 
general, a sum not exceeding two hundred ten dollars and 
fifty-six cents. 

For the incidental expenses of the insurance commission- 
ers, a sum not exceeding one hundred seventeen dollars and 
thirty-three cents. 

For the compensation and mileage of the members of the 
electoral college, a sum not exceeding one hundred and 
seventy-nine dollars. 

For the compensation and expenses of the commissioners 
on street railways, a sum not exceeding six hundred dollars. 

For expenses incurred in the maintenance of the Essex 
bridge, a sum not exceeding five hundred and three dollars 
and four cents, to be paid from the Essex bridge fund. 

For expenses incurred in the maintenance of the Charles 
River and Warren bridges, a sum not exceeding six hundred 
thirty-four dollars and sixty-nine cents, to be paid from the 
Charles River and Warren iDridge fund. 

For experts emjDloyed by the governor, a sum not exceed- 
ing five hundred dollars, which shall be allowed and paid. 



1865.— Chapters 75, 76, 77. 487 

educational department. 

The following sums shall be paid from the moiety of the 
income of the Massachusetts scliool fund : 

For postage, printing and stationery for the board of edu- Board of educa- 
cation, a sum not exceeding seven hundi-ed and seventy-four g°s'.3T*^™^' 
dollars and eighty-one cents. 

For expenses of the members of the board of education, a Expenses of 
sum not exceeding ten dollars and eighty cents. as. II!' 

For expenses of teachers' institutes, a sum not exceeding Teachers' insti- 
forty-two dollars and ninety-six cents. t^utes,^xpenses. 

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

Approved March 14, 1865. 
An Act to incorporate the proprietors of the masonic temple QJidf) 75 

OF WORCESTER. ^ ' 

Be it enacted, §'c., as follows : 

Section 1. T. W. WelHngton, G. W. Bentley, T. E. St. corporators. 
John, Ivers Phillips, Jerome Marble, their associates and suc- 
cessors, are hereby made a corporation, by the name of " The Titie. 
Proprietors of the Masonic Temple of "Worcester," for the 
purpose of providing and maintaining a building in the city Purpose, 
of Worcester, with rooms suitable for halls, public lectures, 
stores and offices ; with all the powers and privileges, and powers, 
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 may hold real and personal Estate. 
estate, for the purpose aforesaid, to an amount not exceeding 
two hundred thousand dollars. 

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

Approved March 14, 1865. 

An Act to increase the fees for recording certificates of QJian, 76 
corporations in the office of the secretary of the com- ^ 

monwealth. 

Be it enacted, ^"c, as follows : 

Section 1. The second section of the two hundred and Act of 'es, § 2, 
thirty-first chapter of the acts of eighteen Imndred and sixty- *'^*°'^*'*- 
three, is hereby so amended that the fee for filing and 
recording certificates of organization or of increase of capital 
stock shall be five dollars. 

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

Approved March 15, 1865. 
An Act to authorize the construction of a marine railway in Chap, 77. 

CHATHAM. 

Be it enacted, Sj-c, as follows : 

James H. Tripp, Collins Howes, jr., Asa Nye, jr., and May construct at 
Oliver Eldredge, are hereby authorized to construct and Harbor ^'^^^ 



488 



1865.— Chapters 78, 79, 80. 



Proviso. 



Chap. 78. 

Corporators. 

Title. 

Purpose. 

Powers. 



Estate. 



maintain a marine railway in the harbor of the town of 
Chatham, at a place called Chatham Stage Harbor, and to 
extend the same into said harbor a distance of not more 
than two hundred feet from high water mark: provided^ 
hoivever, that nothing in this act shall be so construed as to 
impair the legal rights of any person. 

Approved March 15, 1865. 

An Act to incorporate the carney hospital. 
Be it enacted, Sfc, as follows : 

Ann Alexis Short, Ann Aloysia Reed, Andrea Correy, their 
associates and successors, are hereby made a corporation, by 
the name of the Carney Hospital, for the purpose of main- 
taining a hospital in the city of Boston for the sick and 
disabled ; with all the powers and privileges, and subject to 
all the duties, liabilities and restrictions, set forth in the 
general laws which now are or hereafter may be in force 
relating to such corporations : and for the purpose aforesaid 
said corporation may hold real and personal property to 
an amount not exceeding one hundred and fifty thousand 
dollars. Approved March 15, 1865. 

Chap. 79. -A-N Act to extend the time for constructing the wenham lake 

BRANCH RAILROAD. 

Be it enacted, Sj-c, as folloics: 

Section 1. The time for constructing the Wenham Lake 
Branch Railroad is hereby extended to the first day of April, 
in the year eighteen hundred and sixty-seven. 

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

Approved March 16, 1865. 
Chap. 80. An Act to establish the boundary line between the towns of 

ROCHESTER AND WAREHAM. 

Be it enacted, Sfc, as follows : 

Section 1. The governor is hereby authorized, by and 
with the advice of the council, to appoint three commission- 
ers, whose duty it shall be, after having duly notified the 
clerks of the towns of Rochester and Wareham, to investi- 
gate all matters in dispute relative to the boundary lines 
between the towns of Rochester and Wareham, where said 
towns join, and establish and define, by proper monuments, 
said boundary lines between the said towns : said commis- 
sioners shall have power to establish a conventional line 
between said towns, without regard to existing boundary 
lines, if they deem the same for the public interest. 
Report to be sub- SECTION 2. Thc commissiou hereby established shall have 

mitted to legisla- „,, , -.i • j t r i 

ture. lull power to examme the premises, and send tor persons and 



Extended to 
April 1, '67. 



Governor to 
appoint com- 
mission. 



1865.— Chapters 81, 82, 83. . 489 

papers ; and shall submit a report of their doings to the next 
legislature. 

Section 3. The expenses of said commission shall be Expense. 
borne equally by the towns of Rochester and Wareham. 

Approved March 16, 1865. 

An Act relating to attorneys-at-law removed from the bar. QJiap. 81. 
Be it enacted, Sfc, as follows: 

No person removed from practice as an attorney in the Expulsion to ope- 
courts of this Commonwealth, as provided in section thirty- uon to^^eappear' 
four of chapter one hundred and twenty-one of the General 
Statutes, shall be allowed to manage, prosecute or defend 
any suit, under special authority from the party for whom he 
appears or by personal nomination in open court. 

Approved March 16, 1865. 



Chai). 82. 



An Act in addition to the several acts authorizing the pay- 
ment OF bounties to volunteers. 
Be it enacted, S^'c, as follows: 

Section 1. If any person entitled to receive state bounty, sum due person 
under the laws of this Commonwealth, shall die before pal'r^luthoHz^d 
receiving the same, the governor may, in his discretion, pay representative. 
the same, or such portion as he may deem equitable, to such 
person as the deceased may in writing have ordered or 
requested : provided, that if the deceased shall leave a proviso. 
widow or children, no order or request shall be allowed 
beyond the actual amount of money advanced for or on the 
same to the deceased or his family. 

Section 2. The governor is avithorized, in his discretion, Governor may 
to pay the full amount of the state Ijounty to any soldier or fn^certiinTa^es 
sailor who has been or shall be discharged by reason of per- ^^ disability. 
manent disability contracted in the service, and who would 
otherwise be entitled to receive the same, notwithstanding 
such disability and discharge have occurred before six 
months' actual service under the enlistment upon which the 
bounty is payable. 

Section 3. All acts and parts of acts inconsistent herewith nepeai. 
are hereby repealed. Approved March 16, 1865. 

An Act to incorporate the leominster savings bank. Chat) 83 

Be it enacted, §'c., as follows : 

John H. Lockey, James H. Carter, Leonard Burrage, their corporators. 
associates and successors, are hereby made a corporation, by 
the name of the Leominster Savings Bank, to be established Title. 
in the town of Leominster ; with all the powers and privileges, powers, 
and subject to all the duties, liabilities and restrictions set 



490 



1865.— Chapter 84. 



forth in the general laws that now are or may hereafter be in 
force relating to institutions for savings. 

Approved March 16, 1863. 



Chap. 84. -^ -A.CT TO INCORPORATE 



THE TRUSTEES OF THE PRATT FREE 
SCHOOL. 



Corporators. 



Title. 

Location. 

Powers. 



Estate author- 
ized. 



Free school to 
be maintained. 



Powers of trus- 
tees. 



Trustees may 
fill vacancies 
in board. 

Proviso. 



Corporation of 
Titicut Acade- 
my may convey 
estate to trus- 
tees of school, 
and shall cease 
to exist. 



Proviso. 



Be it enacted, ^'c, as follows: 

Section 1. Zebulon Pratt, Augustus Pratt, Nathan 
F. C. Pratt, Morrill Robinson, Elbridge G. Little and 
their successors are hereby incorporated under the name 
of the Trustees of the Pratt Free School, to establish and 
maintain a school to be located in Titicut parish, in the town 
of Middleborough ; with all the powers and privileges, and 
subject to all the duties, liabilities and restrictions set forth 
in the general laws which now are, or may hereafter be in 
force relating to such corporations. 

Section 2. Said trustees may hold both real and personal 
estate, to an amount not exceeding fifty thousand dollars, to 
be devoted exclusively to educational purposes according to 
the intent of Enoch Pratt, of Baltimore, the founder of said 
school, as set forth in the third section of this act. 

Section 3. Said trustees shall maintain a free school in 
said Titicut parish, in the town of Middleborough, for youth 
of both sexes, during thirty-six weeks, at least, of each year, 
so long as the income of the funds and estate held by them 
is sufficient for that purpose. The qualifications of the 
pupils to be received, and the territorial extent of the school 
district, shall be determined by the trustees. 

Section 4. Any vacancies occurring in said board of 
trustees, may be filled by a majority vote of the remaining 
trustees, at any meeting called for that purpose : provided, 
that no person shall serve as a trustee who is not a resident 
of said Titicut parish. 

Section 5. The corporation heretofore established under 
the name of the Titicut Academy, in said town of Middle- 
borough, is hereby authorized to transfer and convey to the 
trustees of the Pratt Free School all the real and personal 
estate which it now holds, and upon such transfer said Titicut 
Academy shall cease to have any further corporate existence : 
provided, that all the outstanding liabilities thereof shall be 
assumed by said trustees of the Pratt Free School, and that 
the rights of any creditor of said Titicut Academy shall not 
be affected thereby. 

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

Approved Marcli\Q, 1865. 



1865.— Chapters 85, 86, 87. 491 

An Act conckrning the alewive fishery in the town of Chap. 85. 

WELLFLEET. 

Be it enacled, Sj-c, as follows : 

The selectmen of the town of Wellfleet may, at the annual ^•'/r.'T.'l *T^ 

• 1 1 . •!• ^ f • ^^^ right to take, 

town meeting, sell the right to take alewives within the limits for term not ex- 
of said town, for any number of years not exceeding ten. "^^^ '°^ en years. 

Approved March 16, 1865. 

An Act to incorporate the Worcester art association. Chan. 86. 
Be it enacted^ Sj'c, as follows : 

Section 1. George W. Richardson, J. Henry Hill, Henry corporators. 
H. Chamberlain, their associates and successors, are hereby 
made a corporation, by the name of the Worcester Art Asso- Title. 
ciation, at Worcester, for the encouragement and promotion 
of the fine arts ; with all the powers and privileges, and sub- powers, 
ject 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 may hold real and personal Estate. 
estate, for the purposes aforesaid, to an amount not exceeding 
fifty thousand dollars. Approved March 16,,1S65. 

An Act to incorporate the boston and colonial steam-ship Chan. 87. 

COMPANY. ^ ' 

Be it enacted, ^"c, as follows : 

Section 1, Franklin Snow, Orrin S. Sanders, Edward T. corporators. 
Russell, junior, their associates and successors, are hereby 
made a corporation, by the name of the Boston and Colonial iitie. 
Steam-ship Company ; with all the powers and privileges, and powers, 
subject to all the duties, liabilities and restrictions set forth 
in the general laws which now are or may hereafter be in 
force relative to such corporations. 

Section 2. Said corporation is hereby authorized and i^^^y 0^° t«s- 
empowered to build, purchase, charter, hold and convey one glt^e *ocear?o 
or more steam-ships or steam-propellers, and to navigate the ''^'*^"' ''°'''^' 
ocean therewith, and employ the same in transporting freight 
and passengers between any port or ports in this Common- 
wealth and any port or ports in the British Provinces, with 
liberty to touch at intermediate ports. And said company May charter ves- 
may let by charter one or more of their steam-ships or pro- *^^^ '° persons, 
pellers to any person or persons, provided such charter does 
not prevent said company from complying with the terms of 
this act. 

Section 3. The capital stock of said corporation shall not capital stock. 
exceed five hundred thousand dollars, and shall be divided 
into shares of the par value of one hundred dollars each, shares. 
Said corporation shall have power to assess from time to 



492 



1865. — Chapter 88. 



Condition of 
issue. 

Corporation to 
organize and 
operate as pre- 
scribed or Act 
to become void. 



time upon said shares such sums as may be deemed necessary 
to accomplish its object, not exceeding the par value of said 
shares ; and no certificate of stock shall be issued until the 
par value thereof shall have been actually paid in. 

Section 4. If said corporation shall not, within one year 
from the passage hereof, have been organized and have col- 
lected by assessment an amount equal at least to fifty per 
cent, of its capital stock subscribed, and shall not within the 
same period have one or more steam-ships or steam-propel- 
lers employed in the transportation of passengers and freight 
between Boston or some other port in this Commonwealth 
and a port or ports in the British Provinces ; or if said cor- 
poration 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. 

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

Approved March 16, 1865. 



Chap. 88. 



Ways and piers 
of Little's Bridge 
Co. made free on 
June 1, '65. 



Maintenance of 
ways. 



S. J. Court, upon 
application, to ap- 
point commission 
for award of dam- 
ages to corpora- 
tion. 



Commissioners to 
determine duties 
and liabilities of 
towns and report 
decree. 



Ax Act to establish a free bridge over the north river, 

BETWEEN THE TOWNS OF MARSHFIELD AND SCITUATE. 

Be it enacted, §"c., as follows : 

Section 1. The turnpike, way, bridge, draws and piers 
belonging to the Little's Bridge Corporation, and lying in 
the towns of Scituate and Marshfield, are hereby laid out as 
and shall become a public highway on the first day of June 
next ; and no tolls shall be demanded or received for passing 
over the same on and after that date. 

Section 2. So much of said turnpike and way, excluding 
the abutments, bridge, draws and piers, as lies in each of said 
towns of Scituate and Marshfield, shall, on and after said first 
day of June next, be maintained by them respectively. 

Section 3. The supreme judicial court, or any justice 
thereof, upon application of said corporation, or of any ten 
legal voters of the county of Plymouth, shall appoint a board 
of commissioners, consisting of three disinterested persons, 
not residents of said county, whose duty it shall be, after 
having been sworn to the faithful performance thereof, and 
after due notice to all parties interested, and a hearing, to 
estimate, determine and award the amount to be paid to said 
corporation by said county of Plymouth, as damages for the 
laying out of said turnpike, way, bridge, draws and piers, as 
aforesaid, and for the land under and around them belonging 
to said corporation. Said commissioners shall also determine 
in what proportion and in what manner the said towns of 
Scituate and Marshfield shall defray the expenses of the 
maintenance and repairs of said abutments, bridge, draws 



1865.— Chapter 88. 493 

and piers, and all other expenses properly incurred under 
the provisions of this act, not otherwise provided for herein ; 
and their determination and decree, or that of a major part 
of them, shall be made in writing and reported to the secre- 
tary of the Commonwealth, the chairman of the county com- 
missioners for the county of Plymouth, the selectmen of each 
of the towns of Scituate and Marshfield aforesaid, and to the 
clerk of said corporation, within sixty days from the date of 
their appointment, and shall be binding upon said county 
and towns, severally, in all respects, except in the amount to 
be paid to said corporation as damages, in case it shall appeal 
to a jury from the award of said commissioners; and if said Decree to be Anai 
corporation shall not within sixty days after receiving the ^^'^'^ ^'^'y '^^^y^- 
report of said commissioners as aforesaid, make its appeal to 
a jury, then the award and decree of said commissioners 
shall be absolutely binding upon all the parties interested. 
The just fees and expenses of said commissioners shall be Expense of com- 
paid by such of the parties interested as the said commis- ™^^'°''- 
sioners shall decree. 

Section 4. In lieu of such damages as shall be awarded iniieu of dam- 
by said commissioners, said corporation shall have the right poration may 
of appeal to a jury in the same manner, and subject to the •i^^^J"'^'^- 
same liability as to costs, as a party aggrieved by the doings 
of county commissioners in their estimation of damages, 
except that the application for a jury shall be made to the 
county commissioners of the county of Norfolk, within sixty 
days after the time of receiving the report of said commis- 
sioners, to be made to the clerk of said corporation. In case jury to be of 
of such appeal, the jury shall be summoned from the county and^co^sL ^tTbe 
of Norfolk, and the costs properly incurred by the commis- "^^^^^ ^'^ 
sioners of the county of Norfolk on account of such appeal, 
and the amount awarded as damages and costs to said cor- 
poration, shall be paid by the county of Plymouth. 

Section 5. The selectmen of the towns of Scituate and |^|j°^fg*°^°^ 
Marshfield shall, on and after the first of June next, have Marshfiewto 
the care and superintendence of said abutments, bridge, june ves*."^ 
draws and piers, and cause them to be kept in good repair, 
and safe and convenient for travel, and the passage of ves- 
sels, and shall provide a draw-tender and all necessary 
agents, and discharge all the duties hitherto incumbent upon 
said corporation relative to the care and maintenance of said 
abutments, bridge, draws and piers ; and they shall also have 
the care and superintendence of any land or houses that 
may be obtained under the provisions of this act. 

Section 6. Liability for defects in said abutments, bridge, ^"^"^jJ^^fPf^^ 
draws and piers, shall exist on the part of the towns in which defects 

15 



494 1865.— Chapters 89, 90, 91. 

tliey respectively lie, in like manner as in the case of defects 
in town ways; and the damages and costs which may bo 
recovered on account of such defects, shall be paid by said 
towns in such manner, and in such proportions as they shall 
be required to contribute for the repairs and maintenance 
thereof by the decree of said commissioners. 

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

Approved March 20, 1865. 

Chap. 89. -^^ ^^"^ CONCERNING THE FOXBOROUGH BRANCH RAILROAD COMPANY. 

Be it enacted, Sfc, as follows: 

May unite with The Foxborougli Brauch Railroad Company is hereby 
jdencTa'lQ'd^^iun- authorizcd to cutcr with its road upon or unite the same 
^Z'L^l^^^^'^°'^' with and use the roads of the Boston and Providence Rail- 
road Company and of the Taunton Branch Railroad Com- 
pany ; and the Boston and Providence Railroad Company 
and the Taunton Branch Railroad Company are hereby 
authorized to enter, respectively, with their roads upon or 
unite the same with and use the road of the Foxborough 
Branch Railroad Company. Approved March 22, 1865. 



Chap. 90. An Act relating to premiums offered by agricultural 

SOCIETIES. 

Be it enacted, Sfc, as follows : 
Societies receir- SECTION 1. Agricultural societies receiving bounty from 
to distribute. the Commonwcalth shall make such rules and regulations in 
the distribution thereof, as shall in their opinion best promote 
the improvement of agriculture ; subject, however, to the 
restrictions of sections six, seven, eight and nine of chapter 
sixty-six of the General Statutes. 
Kepeai. SECTION 2. The fourtli scctiou of chapter sixty-six of the 

General Statutes is hereby repealed. 

Approved March 22, 1865. 

Chap. 91. An Act to incorporate the accident insurance company. 

Be it enacted, ifc, as follows : 
Corporators. SECTION 1. Jamcs B. Dow, Benjamin French, James H. 

Freeman, their associates and successors, are hereby made a 
Title. corporation, by the name of The Accident Insurance Com- 

Purpose P^iiJ) foi' tlic purposo of iusuriug persons against accidental 

loss of life, and against personal injuries sustained by casu- 
alties and accidents of all kinds. 
Location SECTION 2. Said corporation shall be located in Boston, 

Capital. ill the county of Suffolk, and shall have a capital stock of 

one hundred thousand dollars, with the privilege of increas- 
ing it to three hundred thousand dollars, to be divided into 
shares of one hundred dollars each ; and said corporation 



1865.— Chapters 92, 93. 495 

may issue policies and commence business, after the same i'^"<' °f p°i^«'«s- 
shall have been duly organized, and the whole amount of 
the capital stock shall have been paid in cash, and shall be 
subject to all laws that now are, or may hereafter be in force 
relative to insurance companies. 

Section 3. The directors may make all such necessary Powers of direc- 
regulations as to proof of losses and payment thereof as may 
be required in the prosecution of the business of the corpo- 
ration, but said corporation shall not insure any one person 
in a sum exceeding five thousand dollars. 

Approved March 22, 1865. 

Ax Act in addition to an act to incorporate the dorchester QJiau. 92. 

FIRE insurance COMPANY. ' ^. -. 

Be it enacted, Sfc, as follows : 

Section 1. The Dorchester Fire Insurance Company is MayremoveofKce 
hereby authorized to remove its office and be established in ^ncriise'crpitaL'^ 
Boston, and may increase its capital stock to an amount not 
exceeding five hundred thousand dollars. 

Section 2. Said company may take the name of the Sun Maychangename 
Insurance Company, and insure against the perils of the li^V^^^ ™'*"'^^ 
sea and other perils usually insured against by marine 
insurance companies, and make all and every insurance 
appertaining to or connected with marine risks and risks of 
inland navigation and transportation, and make such insur- capital to be paid 
ance whenever the sum of two hundred and fifty thousand i°- 
dollars capital shall have been actually paid in. 

Section 3. A majority of the board of directors of the Net profits, direc- 
company may at their discretion at any time, give the icyTokiSrd'ivl 
holders of the policies of the company the right to partici- b!°aws°*^' """^^"^ 
pate in the net profits of the company to such extent, in 
such manner and upon such terras and conditions as they 
shall prescribe in their by-laws. Approved March 22, 1865. 



Chap. 93. 



An Act to authorize thomas niles to extend his wharf in 
gloucester. 

Be it enacted, ^c, as follows : 

Thomas Niles, proprietor of 'a wharf in Gloucester, is May extend 200 
hereby authorized to extend and maintain said wharf to a watermark. 
point not exceeding two hundred feet beyond low water 
mark, with the right to lay vessels at the end and sides of 
said wharf and receive wharfage and dockage therefor : pro- Provisos. 
vided, hoivever, that if a channel line is hereafter duly estab- 
lished by authority of law in the harbor of said Gloucester, 
said wharf shall not be maintained beyond said line ; and 
provided, further, that this grant shall in no wise impair the 
legal rights of any person. Approved March 22, 1865. 



496 



1865.— Chapters 94, 95, 96. 



Chap. 94. -^N ^CT TO AUTHORIZE NATHANIEL LEWIS TO BUILD A WHARF IN 
-* * * PROVINCETOAVN. 

Be it enacted, §'c., as follows : 

Nathaniel Lewis, owner of land and fiats in Provincetown, 
is hereby authorized to build and maintain a wharf in the 
harbor of said Provincetown, adjacent to his land and fiats 
aforesaid, and extending to low water mark in said harbor, 
with a right to lay vessels at the end and sides of said wharf, 
and receive wharfage and dockage therefor: provided, how- 
ever, that if a commissioners' line is hereafter duly estab- 
lished by authority of law in the liarbor of said Provincetown, 
said wharf shall not be maintained beyond such line ; and 
provided, also, that this grant shall in no wise impair the 
legal rights of any person. Approved March 22, 1865. 



May extend to 
low water mark 
and maintain. 



Provisos. 



Chap. 



May convey to 
Wellesley Con- 
gregational 
Society. 



95. -A-N Act to authorize the society of the west precinct of 

NEEDHAM TO SELL AND CONVEY REAL ESTATE AND PERSONAL 
PROPERTY. 

Be it enacted, Sfc, as follows : 

Section 1. The parish in Needham called the West Pre- 
cinct, is hereby authorized to sell and convey to the Welles- 
ley Congregational Society, in Needham, by a suitable deed, 
and upon such conditions as may be expressed therein, the 
parish meeting-house of said West Precinct, and all the 
other real estate and personal property belonging to the said 
parish. 
Clerk and treas- SECTION 2. Tho clcrk and trcasurcr of said parish are 

urer autliorized ^i • n j. ±i • t i j. j. t i 

to act. authorized to convey the said real estate and personal 

property. 

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

Approved March 24, 1865. 



Chap. 96. 



Physicians and 
niidwives to re- 
turn to clerks 
of towns. 



Fee for certifi- 
cate. 



Ax Act relating to the registry and return of births. 
Be it enacted, §'c., as follows: 

Section 1. It shall be the duty of every physician and 
midwife in the several cities and towns in tliis Commonwealth, 
on or before the tenth day gf each month, to forward to the 
clerk of each city and town a correct list of the births of all 
children born therein during the month next preceding, at 
which such physician or midwife was present; stating therein, 
as nearly as practicable, the place and date of each birth, the 
name, sex and color of the child, the names, places of birth 
and residence of the parents, and the occupation of the 
father. 

Section 2. For every certificate of a birth, the physician 
or midwife shall receive twenty-five cents from such city or 



1865.— Chapter 97. 497 

town ; and any physician or midwife neglecting to forward Penalty for neg- 
such list for six months after it is due, shall forfeit a sum 
not exceeding five dollars, to be recovered as provided in 
the twelfth section of the twenty-first chapter of the General 
Statutes. 

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

Approved March 24, 1865. 

An Act to incorporate the boston children's aid society. Chap. 97. 

Be it enacted, S^-c, as folloxcs : 

Section 1. Charles G. Loring, George Bemis, Francis C. corporators. 
Lowell, Charles F. Barnard, James Freeman Clarke, Mar- 
shall S. Scudder and James Tolman, their associates and 
successors, are hereby made a corporation by the name of Tjtie. * 
the Boston Children's Aid Society, for the purpose of pro- Purpose, 
viding temporary homes for vagrant, destitute and exposed 
children, and those under criminal prosecution, of tender 
age, in the city of Boston and its vicinity, and of providing 
for them such other or further relief as may be advisable, to 
rescue them from moral ruin ; with all the powers and priv- Powers, 
ileges, and subject to all the duties, liabilities and restrictions 
set forth in the general laws that now are, or may hereafter 
be in force in relation to such corporations. 

Section 2. All persons who were members of the associ- Members of for- 
ation known as the Boston Children's Aid Society, before to*be of cwpora^ 
the passage of this act, and whose names, by their consent, *'°'^- 
shall be entered as members upon the records of this corpo- 
ration, shall be members thereof; and members of this 
corporation shall hereafter be eligible in such manner as the 
by-laws thereof shall provide. 

Section 3. The directors of the said corporation shall Government of 

../. -tj/i • -tj, society, desiana- 

consist 01 a president, three vice-presidents, a treasurer, a tion, election and 
clerk, and not less than nine nor more than twenty other tenure of officers. 
members, who shall be chosen by ballot at the first meeting, 
and subsequently at each annual meeting ; and all officers, 
except those first chosen, shall hold their offices for one year 
and until others shall be chosen in their stead. 

Section 4. The directors shall have authority, at their Directors may re- 
discretion, to receive into their asylum or care such children anTacc^ept'^rar- 
of tender age as they may deem suitable objects of the char- ^^'J'^^^^ guSdfan" 
ity intended by this institution ; and also to accept a surren- 
der, in writing, by the father, or where there is no father 
having his legal domicil within the Commonwealth, by the 
mother, or where there is no father nor mother having such 
domicil, by the guardian, of any child or children, to the 
care and direction of said institution ; and also to take and 



498 1865.— Chapter 97. 

May also take reccive iiito tliG cliargG of the said institution any children, 
dreu°deserted^or being dcstitute of parents having such domicil, or of legal 
without homes, guardians, in the Commonwealth ; or being deserted by their 
parents or guardians, in such manner as to have no regular 
home provided for them, under the custody and care of such 
May bind out in parcuts or guardiaus ; and to bind out in virtuous families, 
famihes. until thc agc of twenty-one years, any boy or boys, and until 

the age of eighteen years, any girl or girls, thus surrendered, 
thus destitute, or thus deserted, and taken or received under 
Parent returning tlicir chargQ I proviclecl, hoivevef, thut any parent whose child 
upm paymen't'o'f Or childrcu, during the absence of such parent from this 
expense inourr'd. Commonwcalth, shall liavG received relief and support, or 
been bound out as aforesaid, shall have liberty, on his or her 
* return, to receive such child or children, upon paying to the 
treasurer of said institution the expense incurred in his or 
their support or care as aforesaid. 
Child Eurren- SECTION 5. Thc dircctors shall have authority to consent 

tion or°desertedi ^^ ^^^® adoptiou of any child which shall have been surren- 
fiiow adopS dered to the institution as aforesaid, ^)y any person suitable 
upon petition to and competent for the nurture and rearing of such child, 
upon his or her petition to the probate court, in the county 
of his or her residence, made conformably to the provisions 
of the one hundred and tenth chapter of the General Stat- 
utes ; and shall in like manner have authority to consent to 
such adoption of any child destitute or deserted as aforesaid, 
taken under the charge and protection of said institution, 
not having any parent or guardian having a legal domicil 
within the Commonwealth, or either of whose parents is 
insane, or imprisoned in the state prison or house of correc- 
tion under a sentence for a term of not less than three years, 
or who has willfully neglected to provide proper care and 
maintenance for the child for six months preceding the time 
Authority of di- of filing tlic pctitiou. And such consent of said directors in 
rectors defined, -^yrntiug, in cithcr or any of the cases aforesaid, shall have 
the same legal effect as the written consent of the parents of 
such child, or of the survivor of them, would have had if 
living and so consenting. And any decree of adoption made 
by such probate court upon such consent of the directors, 
shall have the same effect to all intents and purposes as if 
the same had been made conformably to the provisions of 
said act, with the written consent of tlie parents or surviving 
s. J. Court may parcut of sucli child ; saving however to such parent or 
[ndenrure"upo"u parcuts, who had not surrendered it to the institution as 
app^j^cation of aforcsald, and who had not, before the hearing upon such 
petition, actual notice thereof, the right at any time within 
one year after actual notice of such adoption, to apply to the 



1865.— Chapter 98. 499 

supreme judicial court for the reversal of the decree of 
adoption, if upon a hearing, after due notice to the parties 
interested, the said coiirt shall be satisfied that any material 
allegation in the petition was untrue, and that in its discre- 
tion the decree ought to be reversed. 

Section 6. The directors shall have authority to establish Directors may 
any rules and by-laws for their action by committees in the foMnstitJtlon.''^ 
premises, or otherwise, and for regulating the proceeduigs of 
the board, and for the management of the concerns of said 
institution, not repugnant to the laws of the Commonwealth 
or the by-laws and orders of said institution. 

Section 7. Said corporation may, for the purposes afore- Reai and per- 
said, hold real and personal estate not exceeding one hundred ^°^'^ 
thousand dollars. 

Sections. Anyone of the persons named in the first Authority to can 
section of this act is hereby authorized to call the first meet- "* ™^^ ^°^' 

ing of the corporation. Approved March 24, 1805. 

An Act to ixcorpoeate the Baldwin place home for little QJidy)^ 9g, 

WANDERERS. '■ 

Be it enacted, §'c., as follows : 

Section 1. J. Warren Merrill, Franklin Snow, Isaac Rich, corporators. 
their associates and successors, are hereby made a corpora- 
tion, by the name of the Baldwin Place Home for Little Title. 
Wanderers, in the city of Boston, for the purpose of rescuing Location. 
destitute cliildren from want and shame, providing them with Purpose. 
food and clothing, giving them instruction for the mind and 
heart, and placing them, with the consent of their parents or 
legal guardians, in christian homes ; also, at the discretion of 
the managers, for the purpose of affording relief to the des- 
titute, in connection with the families of poor children, and 
furnishing moral and religious culture to the ignorant and 
neglected; with all the powers and privileges, and subject to Powers. 
all the duties, liabilities and restriqiions set forth in the gen- 
eral laws which now are or may hereafter be in force relative 
to such corporations : and for the purposes aforesaid, such ^^^^ ^^^ p^^. 
corporation may take and hold real and personal property to sonai estate. 
an amount not exceeding one hundred thousand dollars. 

Section 2. The number of managers of this institution Managers of in- 
shall not be more than fifteen, nor less than ten ; and such ber"and' iToT" 
managers may be elected, from time to time, in accordance chosen, 
with the constitution and by-laws of the corporation, to fill 
vacancies as they may occur, either from death, resignation 
or removal from the Commonwealth. 

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

Approved March 24, 1865. 



500 



1865. — Chapter 99. 



Chap. 99. 



Corporators to be 

trustees. 



Title. 
Location. 



May elect officers 
and declare du- 
ties and tenures. 



May supersede 
trustees. 



Proviso. 



General powers 
of trustees. 



May establish 
corporate seal. 



May sue and be 
sued. 



An Act to incorpokate the trustees of the college of the 
holy cross. 

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

Section 1. James Clark, Charles Fulmer, James C. Moore, 
Charles F. Kelly, Livy Vigilante, their associates and succes- 
sors, are hereby constituted a body corporate, by the name of 
the Trustees of the College of the Holy Cross, in the city of 
Worcester, and they and their successors, and such as shall 
be duly elected members of such corporation, shall be and 
remain a body corporate by that name forever ; and for the 
orderly conducting of the business of said corporation, the 
said trustees shall have power and authority, from time to 
time, as occasion may require, to elect a president, vice-pres- 
ident, secretary, treasurer, and such other officers of said 
corporation as may be found necessary, and to declare the 
duties and tenures of their respective offices, and also to 
remove any trustee from the corporation when, in their 
judgment, he shall be rendered incapable, by age or other- 
wise, of discharging the duties of his office, or shall neglect 
or refuse to perform the same, and also, from time to time, 
to elect new members of said corporation : j)rovided, that 
the number of members shall never be less than five, nor 
more than eleven. 

Section 2. The said corporation shall have power and 
authority to determine at what times and places their meet- 
ings shall be holden, and the manner of notifying the trustees 
to convene such meetings, and also, from time to time, to 
elect a president of said college, and such professors, tutors, 
instructors, and other officers of the said college, as they shall 
judge most for the interest thereof, and to determine the 
duties, salaries, emoluments, responsibilities and tenures of 
their several offices ; and the said corporation is further 
empowered to purchase or erect and keep in repair such 
houses and other buildings as it shall judge necessary for 
said college, and to confix such degrees as are conferred by 
any college in this Commonwealth, except medical degrees : 
provided, nevertheless, that no corporate business shall be 
transacted at any meeting unless a majority of the trustees 
are present. 

Section 3. Said corporation may have a common seal, 
which it may alter or renew at pleasure, and all deeds sealed 
with the seal of said corporation, and signed by its order, 
shall, when made in the corporate name, be considered in 
law as the deeds of said corporation ; and said corporation 
may sue and be sued in all actions, real, personal or mixed, 
and may prosecute the same to final judgment and execution 



1865.--CHAPTERS 100, 101. 501 

by the name of the Trustees of the College of the Holy 
Cross ; and said corporation shall be capable of taking and May hold real 
holding in fee simple or any less estate, by gift, grant, es°tate!'"^°°''^ 
bequest, devise, or otherwise, any lands, tenements, or other 
estate, real or personal, to an amount not exceeding three 
hundred thousand dollars. 

Section 4. The clear rents and profits of all the estate, income of estate, 
real and personal, of which the said corporation shall be prkt^l^* ^^^'°" 
seized or possessed, shall be appropriated to the endowment 
of said college in such manner as shall best promote virtue, 
piety and learning in such of the languages and of the lib- 
eral and useful arts and sciences as shall be recommended 
from time to time by the said corporation, conforming, how- ^'I's of donora 

, ,1 •^^ o 1 1 • ii T /• f to be obserTed. 

ever, to the will ot any donor or donors in the application oi 
any estate which may be given, devised or bequeathed for any 
particular object connected with the college ; and no mis- 
nomer of the said corporation shall defeat or annul any 
donation, gift, grant, devise or bequest, to or from the said 
corporation. 

Section 5. The legislature of this Commonwealth may Reserved power 
alter, limit, restrain or annul any of the powers vested by Leaf ^ 
this act in the said corporation as shall be deemed necessary, 
and more especially may appoint overseers or visitors of the 
said college, with all necessary powers for the better aid, 
preservation and government thereof. 

Section 6. The granting of this charter shall never be charter not to be 
considered as any pledge on the part of the Commonwealth pecunilrVaid^ ° 
that pecuniary aid shall hereafter be granted to the college. 

Approved March 24, 1865. 

An Act in relation to qualifying the treasurers of parishes Chap. 100 

AND RELIGIOUS SOCIETIES. "^ * 

Be it enacted, Sfc, as follows : 

Section 1. The provisions of the fifteenth section of the cierks may ad- 
thirtieth chapter of the General Statutes are hereby gQ"^™^"**^ 
amended, that the clerk of parishes and religious societies 
may administer the oath of office to the treasurer, as well as 
to the assessors and collector. 

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

Approved March 24, 1865. 

An Act in relation to the fees of sheriffs. Chap. 101 

Be it enacted, §'c., as follows : 

Section 1. The fees of sheriffs for the services in this act fees for service; 
specified shall be as follows : 

For the service of an original summons or scire facias, summons or 
either by reading the same or leaving a copy, fifty cents for ^''"'^ ^'*"^" 
each defendant on whom service is made : 
16 



502 • 1865.— Chapter 102. 

capias^or^ttach- Foi* tliG servicG of a capias, or of an attachment with sum- 
mons, mons, fifty cents for each defendant on whom it is served ; 
and if the officer, by the direction of the plaintiff or his 
attorney, makes a special service of such writ, either by 
attacliing personal property or arresting the body, he shall 
be entitled to one dollar for each defendant on whom the 
writ is so served : 
Copy of precept. For the copy of any precept when required by law or fur- 
nished to any party at his request, at the rate of twenty 
cents a page : 
Bail, taking, and For taking ball, and furnishing and writing the bail bond, 
one dollar, to be paid by the defendant, and taxed in his bill 
of costs if he prevails : 
serTing execu- For scrviug cxecutions in personal actions, and collecting 

tions in personal , " '^ . , i> t 

actions, collect- damages or costs on any execution, warrant ot distress, or 

mg on same, etc. qH^qj. j^j^g proccss, for aiiy sum uot cxcecding one hundred 
dollars, four cents for every dollar ; all above one hundred 
dollars and not exceeding five hundred dollars, two cents for 
every dollar ; and all above five hundred dollars, one cent 

Provisos. for every dollar : provided, that such percentage shall not be 

allowed except upon the amount actually collected ; and 
provided, further, that upon payment by the debtor on 
demand, or without levy of the execution upon the property 
or body of the debtor, the fees shall bo one-half only of the 
above rates : 

Travel on origi- For travcl iu the scrvicc of all original writs, executions, 
warrants, subpoenas, and other like processes, four cents a 
mile each way, to be computed from the place of service to 
the court or place of return ; and if the same precept is 
served on more than one person, the travel shall be com- 
puted from the most remote place of service, with such 
further travel as was necessary in serving it ; if the distance 
from the place of service to the place of return exceeds 
twenty, and does not exceed fifty miles, four cents a mile 
one way only shall be allowed for all travel exceeding twenty 
miles, and if it exceeds fifty miles, only one cent a mile one 
way shall be allowed for all travel exceeding that distance. 

Repeal. SECTION 2. All provisious of the fourth section of chapter 

one hundred and fifty-seven of the General Statutes incon- 
sistent lierewith, are hereby repealed. 

Approved March 24, 1865, 

Chap. 102 An Act concerning the old colony and Newport railway 

COMPANY. 

Be it enacted, S^'c, as follows : 
Repeal of require- SECTION 1. So mucli of cliaptcr ouc huudrcd and thirty- 
'61. . '' seven of the acts of the year eighteen hundred and sixty-one 



1865.— Chapter 103. ' 503 

as authorizes and requires the Old Colony and Fall River 
Railroad Company, now known as the Old Colony and New- 
port Railway Company, to raise the grade of Fourth street, 
in the city of Boston, and to construct its railroad under 
said street, is hereby repealed, and the said company is May construct 

, , 1 . T •' ^ , •, •! ^ • 1 Vi ii over Fourth St. 

hereby authorized to construct its railroad across said J^ ourtn m Boston. 
street at grade. 

Section 2. The board of aldermen of the city of Boston Mayor and auer- 
shall have the same powers in respect to said crossing as they nn°d. ^"^^"^^ 
now have by law where railroads cross highways at grade 
within the limits of said city. 

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

Approved March 24, 1865. 

An Act to incorporate the wood's hole railroad company. Chap. 103 

Be it enacted, Sj-c, as follows: 

Section 1 . Alexan der Baxter, Nathaniel Hinckley, George corporators. 
Marston, their associates and successors, are hereby made a 
corporation, by the name of the Wood's Hole Railroad Com- xitie. 
pany, with all the powers and privileges, and subject to all Powers. 
the duties, restrictions and liabilities contained in the gen- 
eral laws that now are or may hereafter be in force relative 
to railroad corporations. 

Section 2. Said corporation is hereby authorized to locate, construction: 

.. -, . , . Mi'ii ji commencement, 

construct and maintain a railroad, witii one or more tracks, une and termi- 

commencing at a point in the town of Barnstable, near the °"®' 

"West Barnstable station of the Cape Cod Railroad Company, 

thence running in a westerly direction through the villages 

of Marston's Mills and Cotuit, and the district of Marshpee, 

and near the village of Waquoit, and through the town of 

Falmouth, to and into tide water at Wood's Hole Harbor, in 

said Falmouth; with the right to build and maintain, in Maymaintaia 

tide water in said harbor, such wharf or wharves as may be ^'^'*''^'''^- 

necessary for the convenient transhipment of freight and 

passengers at that place. 

Section 3. The capital sto^ of said company shall be capuai stock. 
four hundred thousand dollai^, and shall be divided into 
shares of one hundred dollars each. 

Section 4. Said company is hereby authorized to enter May unite with 

1 •/ • M n • 1 1 •! 1 f> ii /-N Cape Cod railroad 

upon and unite its railroad with the railroad oi the Cape company. 
Cod Railroad Company, at or near West Barnstable station, 
and to use the railroad of said Cape Cod Railroad Company 
upon the terms provided by the general laws of the Com- 
monwealth. 

Section 5. This act shall be void if the location of the conditions of 
railroad herein authorized shall not be filed with the county ^'"''"'^ "^ ''"'• 



504 1865.— Chapters 104, 105, 106. 

commissioners of the county of Barnstable within three 
years, and if said railroad is not completed within five years 
after the passage of this act. Approved March 24, 1865. 

Chap. 104 -^^^ -^^^"^ CONCERNING THE VINEYARD SOUND RAILROAD COMPANY. 

Be it enacted, §'c., as follows : 

Act of '61, incor- An act to incorporatc the Vineyard Sound Railroad Com- 

pora ing,reviTe . pj^j^y.^ passcd ou tho clcventh day of April in the year 

eighteen hundred and sixty-one, is hereby revived and con- 

ProTiso. firmed : provided, said corporation shall be organized within 

one year, and shall file its location within two years, and 

complete the construction of its railroad within four years, 

from tho passage of this act. Approved March 27, 1865. 

Chap. 105 -^^ Act TO AMEND THE CHARTER OF THE SQOTS CHARITABLE 

SOCIETY. 

Be it enacted, S)'c., as follows : 
Section of Act of Scctiou four of the act passed on the sixteenth day of 
March in the year seventeen hundred and eighty-six, entitled 
an act for incorporating certain persons by the name of the 
Scots Charitable Society, is hereby repealed. 

Approved March 27, 1865. 

Chap. 106 -^^ -^CT TO INCORPORATE THE TRUSTEES OF ST. MARK's SCHOOL. 

Be it enacted, &)C., as follows: 
Corporators. SECTION 1. Josoph Bumctt, Isaac F. Rcdficld, Josiah G. 

Abbott, their associates and successors, are hereby consti- 
Titie. tuted a body corporate, under the name of the Trustees of 

St. Mark's School, for the purpose of establishing and main- 
taining a school for the education of boys, to be located in 
Location. tlic towu of Soutliborougli ; with all the powers and priv- 

Powers. ileges, and subject to all the duties, liabilities and restrictions 

set forth in the general laws which now are or may hereafter 
be in force relating to such corporations. 
Trustees, number SECTION 2. Said board of trustces shall consist of not less 
canei^s'!^ ^'^' thau scvcu uor morc than thirteen members, and shall have 
Majority required powcr to fill vacancics ill tlielr own number: provided, that 
acuon"^^""''''' Jio corporato business shall be transacted at any meeting of 

said board unless a majority of the trustees are present. 
May hold estate SECTION 3. Said corporatiou may hold real and personal 
*•„, „.4.,„„*. . ^g^^^^ ^^ ^^^ amount not exceeding one hundred thousand 

dollars, to be devoted exclusively to educational purposes, as 
provided in this act. 

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

Approved March 27, 1865. 



for educational 
use. 



1865.— Chapters 107, 108, 109. 505 

Ax Act to iNCORroRATE the dean academy. Chap. 101 

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

Section 1. A. St. John Chambre, George S. Weaver, corporators. 
Theodore K. Taylor, their associates and successors, are 
hereby made a corporation by the name of the Dean Acade- Title. 
my in the town of Franklin ; with all the powers and privi- Powers, 
leges, 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 may hold real and personal May hoid estate 
estate to the amount of one hundred and fifty thousand uTe.^ 
dollars, to be devoted exclusively to the purposes of 
education. 

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

Approved March 27, 1865. 
An Act to authorize towns and cities to raise and expend QJkij) \()S 

MONEY for recruiting PURPOSES. * 

Be it enacted, Sfc, as foUoics : 

Section 1. The provisions of chapter one hundred and Act of '64, ch. 
twenty of the acts of eighteen hundred and sixty-four, are u.'^s.'°catrs^untn 
hereby extended, and shall apply to any call or order for March '66. 
volunteers for the military service, issued by the president 
of the United States before the first day of March, in the 
year eighteen hundred and sixty-six; and any town or city Towns may antic- 
may raise and apply money, under the provisions and limita- ^^'^^^' 
tions of said act, in anticipation of any such call. 

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

Approved March 27, 1865. 

An Act to cede jurisdiction to the united states overwinter CIuw. 109 

island, in salem harbor. 
Be it enacted, Sj-c, as follows : 

Section 1. Jurisdiction is hereby granted and ceded to Jurisdiction 
the United States of America over all that portion of Winter ''^'^^'^' 
Island, in Salem harbor, lying above low water mark, which 
may at any time have been acquired by the United States by 
deed from the municipal authorities of Salem for military 
purposes, including the present Fort Pickering and buildings 
connected therewith : provided, tliat a general plan of said Provisos. 
premises shall be filed with the secretary of this Common- 
wealth within one year after the passage of this act ; and 
provided, also, that this Commonwealth shall retain concur- 
rent jurisdiction with the United States in and over all the 
lands aforesaid, so far that all civil and criminal processes 
issuing under the authority of this Commonwealth may be 
executed on said lands, and in any buildings thereon or to 



506 1865.— Chapters 110, 111, 112. 

be erected thereon, in the same way and manner as if juris- 
diction had not been granted as aforesaid. 
. Section 2. This act shall take effect upon its passage. 

Approved March 28, 1865. 
Chap. 110 An Act in addition to an act to incorporate the bunker 

HILL MONUMENT ASSOCIATION. 

Be it enacted, Sfc, as follows : 

May wbuiid the SECTION 1. The Buukcr Hill Monument Association is 
umeut. hereby authorized, on some suitable site to be selected and 

provided by them, to rebuild the Beacon Hill Monument 
which was, in the year seventeen hundred and ninety, built 
by the citizens of Boston " to commemorate that train of 
events which led to the American Revolution, and finally 
secured Liberty and Independence to the United States," 
and to take such legal and proper measures as may be 
Proviso. necessary to effect their object : provided, that said associa- 

tion shall not be authorized to rebuild said monument on 
any land belonging to the city of Boston, without the consent 
of its public authorities first obtained. 
May receive tab- SECTION 2. For the purposc cspresscd in the foregoing 
!r/state^house.''" sectiou, the Said Bunker Hill Monument Association is 
hereby authorized to take and receive the four tablets or 
inscriptions formerly composing a part of said Beacon Hill 
sergeant-at-arms Mouument, uow iu tlic doric hall of the state house ; and 
evidenir"^ "^°" tlic scrgeant-at-arms for the time being is authorized and 
empowered to deliver the same to said association, its com- 
mittee or agent, whenever he is satisfied said tablets are to 
be used in rebuilding said monument, and are required for 
that purpose. Approved March 28, 1865. 

ChaV 111 -^^ -^^^ ^^ relation to the STATE PRISON. 

Be it enacted, Sfc, as folloios: 

Warden and in- Xhc wardcu and board of inspectors of the state prison 

specters may pro- l^ • -\ ^ ij, i 

cure water of city arc hcrcby authorizcd and empowered to procure a supply 
ofchariestown. of watcr for tlic prisou from the water-works of the city of 
Charlestown, by agreement to be by them made with said 
city. Approved March 28, 1865. 

Ch(l)}. 112 An Act to authorize the new haven and Northampton com- 

■* * PANY TO extend ITS RAILROAD AND CONNECT ITS TRACKS WITH 

THE CONNECTICUT RIVER RAILROAD. 

Be it enacted, Sfc, as follows : 
May re-locate in SECTION 1. The Ncw Havcu and Northampton Company 
Northampton. .^ hereby authorized to re-locate, extend and construct its 
railroad in the town of Northampton, from a point within 
its present location, and within three hundred feet of the 
sou+berly side of Pleasant street, in said town, and over said 



1865.— Chapter 113. 507 

Pleasant street and Main street at grade to a point on the 
lands of said company northerly of said Main street; with May connect with 
power to make a convenient connection for the interchange loTol' "^" 
of cars with the Connecticut River Railroad, at some point 
on the west track of said Connecticut River Railroad oppo- 
site the lot calle J the " passenger house lot " of the New 
Haven and Northampton Company, at which point the Con- 
necticut River Railroad Company shall maintain a switch for 
the purpose of said connection : provided, hoivever, that the Pro-isos. 
said New Haven and Northampton Company shall not lay 
any track within seventy-eight feet of the west corner of the 
passenger house of the Connecticut River Railroad Company, 
as it now stands, nor within sixty feet of the northerly corner 
post of the north baggage shed of the said Connecticut River 
Railroad Company ; provided, also, that the easterly line of 
the location of said New Haven and Northampton Company 
across the lands of said Connecticut River Railroad Company, 
shall be parallel to and not more than ten feet distant from 
the main track to be located as above. 

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

Approved March 29, 1865. 

An Act relating to the proof of claims against estates of Chap. 113 

INSOLVENT DEBTORS. 

Be it enacted, SjX., as follows : 

Section 1. Whenever, upon the dissolution of any Pi^rty agreeing, 

, . o ,^ for consideration, 

copartnership, one or more oi the copartners, or a new to pay debts of 
copartnership formed by the addition of new members, shall m^y'^prove'ciaim 
have made an agreement to pay any outstanding debts of orJ^fnaT who"^*^ 
such copartnership ; or whenever a person or firm, in con- shSw be dis- 
sideration of the receipt or transfer of property, shall have *" ^''^'^ "* ^' 
made an agreement to pay any outstanding debts of the 
party from whom such property was received or transferred, 
and the party agreeing to pay shall have become insolvent, 
such debts may, if the creditor elect, be proved against the 
estate of such insolvent debtor or debtors as his or their own 
debts, and the proof and allowance of any such debt shall be 
a discharge of the party originally liable therefor. 

Section 2. Whenever the original debtor, in either of °"^^°'''ri''f/°f 
the cases named in the first section of this act, shall have proof, as origi- 
been compelled to pay the debt so agreed to be paid, he shall """' "^*^'*o'^- 
have the same right to prove the amount so paid as the 
original creditor would have had. 

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

Approved March 30, 1865. 



508 



1865. — Chapters Hi, 115, 116. 



Chap, ll'l ^'^ ^CT AUTHORIZING THE PAYMENT OF A SALARY TO THE REGISTER 
■^ OF DEEDS FOR THE COUNTY OF DUKES COUNTY. 

Be it enacted, ^'c, as follows: 

County commis- SECTION 1. TliG coiiiity commissioiiers of the county of 

^' Dukes county are hereby autliorized to pay the register of 

deeds of said county an annual salary of two hundred 

dollars, the same to be in addition to his fees as now provided 

by law, and to be paid from the county treasury. 

Section 2. All acts and parts of acts inconsistent with 
this act are hereby repealed. 

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

Approved March 30, 1865. 



sioners may pay. 



Repeal. 



Chap.n^ 



Increase of fees 
to 30 cents per 
1,000 feet. 



Proviso. 



Medford, Brook- 
line and Water- 
town added. 



Chap. 116 

Corporators. 

Title. 

Purpose. 



Powers. 



Real and per- 
sonal estate. 



An Act establishing the fees for surveying lumber and 

defining the lumber district. 
Be it enacted, ^'c, as follows : 

Section 1. The fees for surveying and marking lumber, 
as now established in the General Statutes, chapter forty- 
nine, section one hundred and forty-one, at twenty-four 
cents for every thousand feet, board measure, shall, after the 
passage of this act, be thirty cents : provided, that in no 
case shall the surveyor-general receive more that thirty-two 
hundred dollars for his fees in any one year ; and such 
excess, if any, as he may receive, shall be paid by him 
yearly into the state treasury. 

Section 2. The towns of Medford, Brookline and Water- 
town, shall be added to and form part of the lumber district 
as established in said chapter forty-nine, section one hundred 
and twenty-six. Approved March 30, 1865. 

An Act to incorporate the boston labor reform association. 
Be it enacted, S)'c., as follows: 

Section 1. Ira Steward, Bartlett J. Brown, George M. 
Mills, their associates and successors, are hereby made a 
corporation, by the name of the Boston Labor Reform Asso- 
ciation, for the purpose of improving the condition of the 
mechanic and laboring classes in their various occupations, 
by imparting scientific and practical knowledge of the same, 
and promoting their general improvement by the diffusion of 
knowledge through lectures, libraries, and such other means 
as may be applicable, in the city of Boston ; w4tli all the powers 
and privileges, and 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. 

Section 2. Said corporation may hold real and personal 
estate to the amount of twenty-five thousand dollars, to be 
devoted exclusively to the purposes aforesaid. 

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

Approved March 30, 1865. 



1865.— CiiArTERs 117, 118. 509 

Ax Act to ixcorpouate the wamesit power company. Chap. 117 

Be it enacted, cVc, as follows : 

Section 1. Gilmaii Kimball, Harrison Flint and Ben- corporators. 
jamin F. Butler, their associates and successors, are hereby 
made a corporation by the name of the Wamesit Power Title. 
Company, for the purpose of managing, improving, using. Purpose, 
selling and leasing to other persons and corporations power 
derived from water to be drawn by a canal from a head 
maintained by a dam across Concord River, near the Lowell 
cemetery, and by the use of steam-engines for like purposes ; 
and to use steam and water power for mechanical and man- 
ufacturing purposes ; with all the powers and privileges, and 
subject to all duties and liabilities given or imposed by gen- Powers. 
eral laws passed or to be passed, and applicable to like 
corporations. 

Section 2. Said corporation may hold for the purposes Reai and per- 
aforesaid, real estate not exceeding three hundred thousand ^°°* ^^^^^' 
dollars in value, and personal estate to the value of two 
hundred thousand dollars. 

Section 3. The capital stock of said company shall not capital stock. 
be less than one hundred and fifty thousand dollars ; and 
may be increased from time to time to an amount not 
exceeding five hundred thousand dollars, and shall be shares. 
divided into shares of one hundred dollars each. 

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

Approved March 30, 1865. 

Ax Act ix relatiox to the salem axd south daxvers railroad Chap. 118 

COMPANY. 

Be it enacted, ^'c, as follotcs : 

Section 1. The time allowed to the Salem and South o^^^p^^g^^^jjo 
Dan vers Railroad Company for extending its railway into the Jan. '67. 
towns of jNlarblehead, Swampscott, Danvers and Lynn, and for 
the further laying of its tracks in Salem and South Danvers, 
under the provisions of chapter two hundred and eighty-four 
of the acts of the year eighteen hundred and sixty-four, and 
for exercising all other powers granted by said act, is hereby 
extended to the first day of January in the year eighteen 
hundred and sixty-seven. 

Section 2. Said railroad company may, by a vote of the corporation may 
stockholders at a meeting duly holden for that purpose, lease and property, 
its real estate, tracks, franchise and rights, to any person or 
persons, or to any other horse railroad company, for such 
term of years as may be agreed upon by the contracting 
arties. 

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

Approved March 30, 1865. 
17 



510 1865.— Chapters 119, 120. 

Chftp. 119 An Act to incorporate the franklin telegraph company. 

Be it enacted, ^'c, as follows : 

Corporators. SECTION 1. James W. Browii, Charles H. Burd, James H. 

Freeman, their associates and successors, are hereby made a 
Title. corporation, by the name of the Franklin Telegraph Com- 

Purpose. pany, for the purpose of constructing and using, purchasing 

and connecting with lines of telegraph within this Common- 
wealth and elsewhere within the United States, and also for 
manufacturing and selling Burd's patent telegraph instru- 
powers. ments ; with all the powers and privileges, and subject to all 

the duties, restrictions and liabilities set forth in all general 
laws that now are or" hereafter may be in force relating to 
such corporations. 
Estate. Section 2. Said corporation may hold such real and per- 

sonal estate as may be necessary for the purposes aforesaid ; 
Capital stock. but thc wliolc Capital stock shall not exceed five hundred 
Shares thousaud doUars, to be divided into shares of one hundred 

dollars each. 
Conditions of va- SECTION 3. If witliiu two ycars fiom the passage of this 
twoyewt'^"'"" act, at least one hundred thousand dollars shall not have 
been subscribed, and paid in cash, on said capital stock, and 
at least two hundred miles of telegraph lines, forty thereof 
in this Commonwealth, shall not have been constructed by 
said corporation, or if the franchise, charter, or any portion 
of the telegraph line of the said corporation shall be sold or 
offered for sale, to any existing telegraph company, or to any 
person or association of persons, before the conditions of this 
section shall have been complied with, then this act shall be 
void. 
Rates of toll legis- SECTION 4. Thc legislature may, from time to time, alter 
tror^ ™*^ ^°°' or reduce the rates of toll charged by said corporation : pro- 
Proviso. vided, said tolls shall not, without the consent of said corpo- 

ration, be so reduced as to produce a clear net profit of less 
than ten per cent, a year on the capital actually paid in. 

Approved March 30, 1865. 

Chan 120 ^^ -^^^ '^^ unite the second congregational society and the 

"' FIRST UNIVERSALIST SOCIETY IN LEXINGTON. 

Be it enacted, Sfc, as follows: 

May consolidate SECTION 1. The Sccond Cougrcgational Society and the 
Church "©r the First Univcrsalist Society in Lexington are hereby author- 
Redeemer. J2ed, whcncver the members of said corporations, at meetings 

called for that purpose, shall so vote, to unite themselves in 
one corporation, to be called the Church of the Redeemer ; 
and when such votes shall have been passed by said corpora- 
tions, they shall thereupon become one corporation, with the 



1865.— Chapter 121. 511 

name aforesaid ; and all the powers, privileges, franchises 
and property now enjoyed and possessed by said two corpo- 
rations shall appertain to and vest in such new corporation. 

Section 2. Said new corporation is hereby authorized to New corporation 
sell and dispose of one of the meeting-houses now owned by estate. 
said corporations, and the land connected with and belonging 
thereto, and may authorize any officer of said new corpora- 
tion to execute the necessary deeds of conveyance. 

Section 3. The trustees of the Lexington Ministerial Lexington minis. 

-r-i T 11 1 r» 1 r~<^ i n i terial fund, new 

Fund shall pay to the treasurer oi the Cliurch oi the church to be paid 
Redeemer the same proportion of the annual income of said ""'°™®- 
fund which has heretofore been paid* to the two societies 
aforesaid, until a new apportionment of such income shall 
be made, according to the provisions of section five of chap- 
ter one hundred and twelve of the acts of the year eighteen 
hundred and forty-five. 

Section 4. Whenever any vacancy shall occur in the vacancies in tms 
office of trustee of said fund, it shall be filled by an election rcspectiye sohl 
by ballot, at a meeting of the members of the society in "'^^" 
which such vacancy shall occur. 

Section 5. All acts and parts of acts heretofore passed Repeal, 
inconsistent with the provisions of this act are hereby 
repealed. 

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

Approved March 30, 1865. . 

An Act relating to the abatement of taxes. Chop. 121 

Be it enacted, ^'c, as follows : 

When the assessors of a city or town have given notice to no abatement to 
the inhabitants thereof to bring in true lists of all their polls nsts^norrendwed 
and estates, not exempt from taxation, in accordance with J^ss^'°a"™xceed3 
the provisions of the twenty-second section of the eleventh so per cent, of 
chapter of the General Statutes, they shall not afterwards iiLn excess oniy 
abate any part of the tax assessed on personal estate to any ^^"^^ '"' ''^'''*'^' 
person who did not bring in such list within the time speci- 
fied therefor in such notice, unless such tax exceeds by more 
than fifty per centum the amount which would have been 
assessed to that person on personal estate, if he had season- 
ably brought in said list ; and if said tax exceeds by more 
than fifty per centum the said amount, the abatement shall 
be only of the excess above the said fifty per centum : pro- Proviso. 
vided, hoivever, that this act shall not etfect any person who 
can show a reasonable excuse for not seasonably bringing in 
said list. Approved April 1, 1865. 



512 



1865.— Chapter 122. 



Chap. 122 



War fund estab- 
lished, to be used 
ill lieu of bounty 
fund, by execu- 
tive. 



Treasurer may 
issue scrip for 
ten millions. 



Proviso ; redemp- 
tion. 



Issue to be as 
registered bonds, 
or with, coupons, 
at 6 per cent., and 
disposed as gov- 
errfor and coun- 
cil may direct. 



Sinking fund, 
established and 
defined : 

First, dividends 
on Western rail- 
road shares. 



An Act to establish the Massachusetts war fund, and to 

CREATE a sinking FUND FOR ITS REDEMPTION. 

Be it enacted, Sj-c, as follows: 

Section 1. For the purpose of providing for the unfunded 
debt of the Commonwealth, now existing, or that may be 
incurred by the payment of bounties, or other expenses, on 
account of the war, a fund additional to the Massachusetts 
bounty fund, authorized by chapter three hundred and 
thirteen of the acts of the year eighteen hundred and sixty- 
four, is hereby established, to be called the Massachusetts 
War Fund, in either of which funds, as the governor and 
council may determine, the aforesaid debt, not otherwise 
provided for, may be funded. 

Section 2. For the purposes of this act, the treasurer 
and receiver-general is hereby authorized to issue scrip, or 
certificates of debt, in the name and on the behalf of the 
Commonwealth, and under his signature and the seal of the 
Commonwealth, to an amount not exceeding ten millions of 
dollars, for a term not less than five years nor more than 
twenty years : provided, hoitjever, that scrip issued for a 
longer term than five years shall be redeemable at any time, 
after the expiration of five years, at the option of the Com- 
monwealth. Said scrip, or certificates of debt, shall be issued 
as registered bonds, or with interest coupons attached, and 
shall bear interest not exceeding six per cent., payable in 
the lawful money of the United States, semi-annually, on the 
first days of March and September in each year. Such scrip, 
or certificates of debt, shall be countersigned by the gov- 
ernor, and shall be deemed a pledge of the faith and credit 
of the Commonwealth, redeemable at the time specified, in 
the lawful money of the United States, 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 Common- 
wealth. 

Section 3. For the payment of the scrip or certificates of 
debt issued under authority of this act, a sinking fund is 
hereby established, to be composed as follows: First, of all 
dividends which may be received upon such shares in the 
Western Railroad as the Commonwealth may hold pledged 
to the debt extinguishment fund when the same shall not be 
required under the provisions of chapter three hundred and 
thirteen of the acts of eighteen hundred and sixty-four ; and 
in case said shares shall at any time be sold to meet the 
payments of the debts for which they are pledged to the said 
debt extinguishment fund, then the excess of proceeds above 



1865.— CiiArTER 123. 513 

the amount necessary for such liquidation, shall constitute a 

part of the sinking fund established by this act, unless the 

same shall be required under the provisions of chapter three 

hundred and thirteen of the acts of eighteen hundred and 

sixty-four ; second^ when the same shall not be required second, receipts 

under the provisions of chapter three hundred and thirteen ws!^ ^'^ ^^ 

of the acts of eighteen hundred and sixty-four, of all the 

receipts from the sales of back bay lands, less the expense of 

commissioners, and of filling and preparing the lands for 

sale, and including that 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 the net receipts from sales of other public lands or flats 

not already appropriated for specific purposes; thinly if the Third, deficiency, 

receipts from these sources do not, in any fiscal year amount i^on."^' ^^ ''*^'^" 

to a sum equal to five pey cent, of the total amount 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 difference between the amount of said receipts 

and five per cent, of the scrip or certificates of debt issued 

under this act : provided, that said tax may be omitted after Fund, with in- 

the fund herein created shall have amounted to a sum, suffidentfor"re^ 

which with its accumulations of interest will be sufficient to i*'"'',!i°°' -./^^ 

may be omitted. 

pay the scrip at maturity, and the sum so raised from year 
to year, together with its accumulations of interest, shall be 
pledged and held as the sinking fund hereby established, to 
be invested, as is now or may hereafter be provided by law 
for the investment of trust funds, and used for the redemp- 
tion and payment of said scrip or certificates of debt. 
Section 4. This act shall take effect upon its passage. 

Approved April 1, 1865. 

Ax Act to change the time of holding probate courts in 

THE COUNTY OF HAMPDEN. 

Be it enacted, Sj^c., as fulloics : 

Section 1. Probate courts shall be held in each year, for sprinsfieid.west- 
the county of Hampden, at the times and in the places here- Paimer°'''°'''"''^ 
inafter mentioned : At Springfield on the first Tuesdays of 
January, February, March, April, May, June, July, Septem- 
ber, November and December ; at Westfield on the third 
Tuesdays of March, June, September and December ; at 
Monson on the second Tuesday of June, and at Palmer on 
the second Tuesday of September. 

Sections. This act shall take effect on the first day of Act to be in force 
June next, and so much of section thirty-six of chapter one ''""^ ^' '^^" 
hundred and seventeen of the General Statutes as relates to 
holding probate courts in the county of Hampden, is hereby 
repealed. Approved April 1, 1865. 



Chap.US 



514 1865.— Chapters 124, 125, 126, 127. 

Chap. 124: An Act concerning bank bills. 

Be it enacted, Sfc, as folloios : 

Section 7, chap. SECTION 1. The Operation of section seven, chapter two 
suspended until hundrcd and nine, of the acts of the year eighteen hundred 
April, 1866. j^jj^ sixty, is hereby suspended until the first day of April, in 
the year eighteen hundred and sixty-six. 

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

Approved April 1, 1865. 
Chap. 125 An Act to confirm certain acts done by amos b. merrill as a 

JUSTICE OF THE PEACE. 

Be it enacted, ^'c, as folloios : 
Acts^from^ April SECTION 1. All acts douc by Amos B. Men-ill, of Boston, 
esquire, as a justice of the peace within and for the county 
of Suffolk, between the ninth day of April and the ninth day 
of September, in the year one thousand eight hundred and 
sixty-four, 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 April 1, 1865. 

Chap. 126 An Act to incorporate the Massachusetts dental society. 
Be it enacted, Sfc, as follows : 

Corporators. SECTION 1. N. C. Kccp, I. J. Wctlierbce, Thomas H. 

Chandler, their associates and successors, are hereby made a 

Title. corporation, by the name of the Massachusetts Dental Society, 

Purpose. for the purpose of advancing the science and art of dentistry 

by means of a library and museum, professional lectures 
and publications, and by premiums and medals for original 

Powers. researches and discoveries ; with all the powers and priv- 

ileges, and subject to all the duties, liabilities and restric- 
tions set forth in all general laws which now are or hereafter 
may bo in force relating to such corporations. 

Estate. Section 2. Said corporation may hold real and personal 

estate, for the purposes aforesaid, to an amount not exceeding 
ten thousand dollars. 

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

Approved April 1, 1865. 

Chap. 127 An Act relating to personal property, hired, leased, or held 

AS collateral security. 
Be it enacted, §'c., as follows: 
Penalty for act SECTION 1. Whocvcr, witli iutcnt to dcfraud, buys, 
defraud.^" ° reccivcs, conccals, or aids in concealing, any personal prop- 
erty, hired, leased, or held as collateral security, knowing 



1865.— Chapters 128, 129. 515 

the same to be hired, leased, or held as aforesaid, shall be 
punished by fine not exceeding one hundred dollars, or by 
imprisonment in the jail not exceeding one year. 

Section 2. When complaint is made to any magistrate, warrant for 
authorized to issue warrants in criminal cases, that personal up^Jn^ompiafnt 
property, hired, leased, or held as collateral security, has been °^ concealment, 
fraudulently concealed, and that the complainant believes it 
is concealed in any particular house or place, the magistrate, 
if he is satisfied that there is reasonable cause for such belief, 
shall issue a warrant to search for such property. 

Approved April 1, 1865. 

Ax Act to incorporate the Northampton and Williamsburg Chop. 128 

STREET RAILWAY COMPANY. 

Be it enacted, §'c., as follows : 

Section 1. Lewis Bodman, Thomas E. Hastings, Joel corporators. 
Hayden, junior, their associates and successors, are hereby 
made a corporation, by the name of the Northampton and Title. 
Williamsburg Street Railway Company, for the purpose of Purpose. 
building and using a street railway from Northampton to 
Williamsburg ; with all the powers and privileges, and sub- powers. 
ject to all the duties, restrictions and liabilities set forth in 
all general laws which now are or may hereafter be in force 
relative to street railway corporations. 

Section 2. The capital stock of said corporation shall not capital stock. 
exceed the sum of three hundred thousand dollars, and said 
corporation may hold real estate to an amount not exceeding Real estate. 
one hundred thousand dollars. 

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

Approved April 4, 1865, 
An Act in relation to the dedham and west roxbury railroad Hhpi^ 1 9Q 

COMPANY. Jf * ^ 

Be it enacted, ^-c, as follows : 

Section 1. The Dedham and West Roxbury Railroad May extend tnaok 
Company is hereby authorized to extend its track from its Me'trop°oman'""' 
main line, on Shawmut avenue, in West Roxbury, through Ro^xblTry" ^^' 
South street, so as to connect its track with the track of the 
Metropolitan Railroad Company at or near its car-house on 
said street. 

Section 2. The Metropolitan Railroad Company may use Metropolitan co. 
such tracks, upon such terras as shall be mutually agreed '"''^ '^^'^ "^'^''' 
vipon by said parties, or as shall be fixed by commissioners, 
to be appointed by the supreme judicial court. 

Section 3. The Dedham and West Roxbury Railroad Dedham and w. 
Company may contract with any company with whose tracks niay^contrac't"to 
it may connect to run and operate its railroad, and may "^u"' °' ^^ run 



516 1865.— CiiArTERS 130, 131. 

by, any connect- traiisfcr to aiij sucli compaiiy its franchise, tracks, and other 
corporate property, and the party receiving such transfer may 
enjoy all the rights and privileges, and shall be subject to all 
the duties and liabilities, of said Dedham and West Roxbury 
Railroad Company, 

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

Approved April 4, 1865. 

Chctp. 130 An Act to authorize; amos s. reed and amos n. reed to extend 

THEIR RAILAVAY TRACK ACROSS BIRCH STREET, IN ABINGTON. 

Be it enacted, Sfc, as follows: 

May construct SECTION 1. Amos S. Rccd and Amos N. Reed, their heirs 

and maintain. ^^^ assigns, are hereby authorized to construct and maintain 

a railroad track in Abington, being an extension of their 

present railway turn-out from the terminus thereof, near 

their steam-mill, crossing Birch street at grade, to their 

store, for the purpose of facilitating the transportation of 

merchandise to and from said store. 

croi5sing to be SECTION 2. A good and sufficient crossing at said street 

proTed byseieX for tcams and carriages shall be constructed and maintained 

^^^- by said Amos S. Reed and Amos N. Reed, their heirs and 

assigns, under the direction and in a manner approved by 

the selectmen of the town of Abington. 

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

Approved April 4, 1865. 
Chcip. 131 An Act to authorize the city of boston to build an additional 

RESERVOIR. 
Be*it enacted, Sj'c, as follows : 

City council may Section 1. Thc city of Bostou is licrcby authorized, by 
tiou. and through the agency of the Cochituate Water Board 

therein, or by and through any other agency which shall be 
established therefor by the city council of said city, to con- 
struct and maintain an additional reservoir for receiving, 
tefnianTi^nN'w' ^^^Idiug aud distributing water ; and for this purpose, may 
ton. Brighton and talvC and liold, by purchase or otherwise, any lands or real 
Brookiine. estato, uot cxcecding two hundred acres, in the towns of 

Newton, Brighton and Brookiine, and lying between the Air 
Line Railroad, the present line of the said city's aqueduct 
and Beacon street on the south, Rockland and Brighton 
streets on the east. South street on the north, and a street 
leading from said South street to said Beacon street on the 
Proviso. west : provided, however, that no part of the tract of land 

comprising the Evergreen Cemetery, in the town of Brighton, 
shall be so taken and held otherwise than by purchase. 
May lay pipes Section 2. Thc citv of Bostoii mav also, by and through 

from reseryoir to . , . "^ -. • , • • i i t 

pipes in Br'kiine. thc sauic agcucy, lav aiid mamtain one or more suitable lines 



1865.— Chapter 131. 517 

of pipes from the said reservoir to a convenient point in its 
line of pipes leading from its reservoir in said Brookline to 
said city ; and may take and hold, by purchase or otherwise, 
such lands or real estate as may be necessary therefor ; and May secure lands. 
may carry and conduct the said pipes over or under any May cross water- 
water-course, or any street, turnpike-road, railroad, highway *" "'^ ^ ""^ ''=*y- 
or other way, in such manner as uot to obstruct or impede 
travel thereon ; and may enter upon and dig up any such 
road, street or way, for the purpose of laying the said pipes 
and for maintaining and repairing the same. 

Section 3. The city of Boston shall at all times save citytoberespon- 
harmless and indemnify any city or town which may become by'^reaLn^Tf"*^ 
liable to keep in repair any road, street or way aforesaid, f^^^^^ ^caused 
against all damages which may be recovered against them, 
respectively, and shall reimburse to them, respectively, all 
expenses which they shall reasonably incur by reason of any 
defect or want of rejDair 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 : provided, that said ProTiso. 
city shall have due and reasonable notice of all claims for 
such damages or injury, and opportunity to make a legal 
defence thereto. 

Section 4. The city of Boston shall be liable to pay all Liable for dam- 
damages that shall be sustained by any persons in their pfoper'iy^"^'*'* 
property, by the taking of any land or real estate as afore- 
said, or by any of its doings under this act ; and in regard to Rights and reme- 
such taking, and the ascertainment and payment of all sucli city'to b'e™ubje°c't 
damages, the city of Boston, and all persons claiming dam- to Acts of 'le, '49 
ages, shall have all the rights, immunities and remedies, and 
be subject to all the duties, liabilities and obligations which 
are provided in the one hundred and sixty-seventh chapter 
of the acts of the year one thousand eight hundred and forty- 
six, the one hundred and eighty-seventh chapter of the acts 
of the year one thousand eight hundred and forty-nine, and 
the three hundred and sixteenth chapter of the acts of the 
year one thousand eight hundred and fifty. 

Section 5. For the purpose of defraying all the costs and city council may 
expenses of such lands or real estate as shall be taken, pur- eat"s '^to' Srify 
chased or held for the purposes mentioned in this act, and of expenditures, 
constructing said reservoir, laying said pipes, and doing all 
other things incident thereto, the said city council shall have 
authority to issue, from time to time, notes, scrip or certifi- 
cates of debt, to such an amount as may be necessary, and 
in such form, on such length of time, and bearing such rate 

18 



518 1865.— Chapter 132. 

of interest, not exceeding six per centum per annum, as they 
shall deem expedient. 

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

Approved April 4, 1865. 

Chat). 132 -^^ -^^"^ '^^ INCORPORATE THE LYNN AQUEDUCT COMPANY. 

Be it enacted, Sfc, as follows : 

Corporators. SECTION 1. Edward H. Ashcroft, John P. Woodbury, 

William Howland, their associates and successors, are hereby 
Title. made a corporation, under the name of the Lynn Aqueduct 

Purpose. Company, for the purpose of furnishing the inhabitants of 

Powers. the city of Lynn with fresh water; with all the powers and 

privileges, and subject to all the duties, restrictions and lia- 
bilities set forth in all general laws which now are or here- 
after may be in force, so far as the same are applicable to 
this corporation. 
Capital stock. SECTION 2. The Capital stock ot said company shall be 

four hundred thousand dollars, and shall be divided into 
Shares. sliarcs of 0116 hundred dollars each. 

May pay in shares SECTION 3. The sald compaiiy may purchase land and 
water rights. watcr rights, iicccssary for the purpose aforesaid, and pay 
therefor, wholly or in part, in the shares of said company, 
at their par value. 
May secure ponds SectIon 4. The Said compauy may take and hold, by 
purchase or otherwise, the ponds in Lynn known as Cedar 
Pond and Sluice Pond, and so much land adjoining said 
ponds as may be necessary for erecting, laying and maintain- 
ing, and may erect, lay and maintain such aqueducts, pipes, 
dams, gates, pumps, reservoirs, embankments, water-ways, 
drains or other structures, as may be necessary or convenient 
to insure the purity of said ponds, and the streams running 
into them ; also a sufficient quantity of land for a suitable 
reservoir in that part of Lynn known as Rock's Pasture, with 
a right to build and maintain a reservoir thereon, and to lay. 
Description of undcrgrouiid pipes thereto. The said company shall, within 
in"/ purpose'^' sixty days from the time of taking any land as aforesaid, file 
stated. jjj the registry of deeds for the county of Essex, a description 

of the land so taken, sufficiently accurate for identification, 
and state the purpose for which it is taken. 
May take water SECTION 5. The Said coiiipanv may take the water from 
with Teave' *iay citlicr or botli of Said ponds by gravitation, or raise and 
pipes m Lynn, pump thc watcr thcrefrom to a reservoir, in Rock's Pasture 
aforesaid, and may with the written consent of the mayor 
and aldermen of said city of Lynn, dig up and open any 
street or way in said city, for the purpose of placing such 
pipes as may be necessary in constructing its aqueduct, and 



1865.— Chapter 132. 519 

for repairing and extending the same : provided, the same ProTiso. 
shall be done in such manner as not to prevent the conven- 
ient passing of teams and carriages. 

Section 6. If any person shall suffer damage by the Disagreem't with 
taking of land, vs^ater, or otherwise, or by any diversion of referred to s. j. 
the water aforesaid, and shall not agree with said company ''°"''' '" ^^'^''" 
on the indemnification to he paid therefor, such person may, 
within one year, file a petition for indemnity in the supreme 
judicial court within the county of Essex, before or dnring 
any term thereof; and after fourteen days' notice, which Notice to be 
shall be given to said company by leaving an attested copy company!'"'^ 
with the clerk of said company, the court may proceed to ccurt may ap- 

,, , . r» ,1 ,•,- 1 • , ii T • point commission 

the hearnig of the petitioner, and may appoint three disin- to determine 
terested commissioners to determine the damages which the '^'^^^ses. 
said petitioner may have sustained by reason of the taking of 
land, water, or otherwise, or by the diversion of said water ; 
and the said commissioners shall forthwith give notice to commissioners to 
both parties to appear, if they see fit, for a hearing before °°" ^' 
them ; and they shall first inquire whether any damage has Duties, 
been sustained by said petitioner, by the cause aforesaid, and 
if any, they shall estimate the same ; and the award of said Award. 
commissioners, or of the major part of them shall be returned l^^^^^^^^ ^^ 
as soon as may be into the said court, and upon the accept- 
ance thereof judgment shall be rendered for the party pre- 
vailing, with costs: pi'ovided, that if either party shall be Proviso: party 
dissatisfied with such award, such party may apply to the have jury. 
supreme judicial court, at any term thereof holdcn within 
the county of Essex next after the return of said award, for 
a trial by jury, and the same shall thereupon be tried at the 
bar of said court ; and if the party so applying shall not costs of tnai. 
obtain, in case it shall be the original petitioner or complain- 
ant, an increase of damages, or in case it shall be the origi- 
nal defendant, a decrease of damages, awarded by the said 
commissioners, such party shall pay reasonable costs of such 
trial, but otherwise may recover costs ; and upon any judg- Execution of 
ment rendered upon any such verdict, the court may issue ^" °^^^ ' 
execution accordingly. 

Section 7. The city of Lynn may, at any time during the cityofLynnmay 
continuance of the charter hereby granted, purchase the chi7e and pro- 
corporate property, and all the rights and privileges of said p*^"^'^- 
company, at such price as may be agreed upon between said 
parties ; and in case the city council of said city shall by 
vote determine to purchase said property, rights and privi- 
leges, and the parties cannot agree upon the price to be paid pisagrecment, 
tnereior, tlie supreme judicial court may upon application 
by either party and notice to the other, appoint three com- 



520 1865.— CHArTERs 133, 131. 

missioners wlio shall determine the price which the said citj 
shall be required to pay for the same, and whose award 
when accepted by said court shall be final. 
City may insert SECTION 8. Tlic city of Lyuu shall be allowed the privi- 

hydrants in pipes _. . ] ^ -i ± • j. j.'i • • ^•^ 

of company, and Icgc 01 inscrting twcuty hydrauts into the mam pipes oi said 

use water. compauy, at such points as the mayor and aldermen shall 

indicate, with the right of using the water therefrom for the 

Proviso. purpose of extinguishing fires : provided, that the same shall 

be so secured that water shall not be drawn therefrom, 

except for the purpose aforesaid. 

Penalty for SECTION 9. Auy pcrsoii who shall maliciously divert the 

rupung water°or watcr or auy part of the water of the sources which shall be 

injuring works. |^^|,qj^ ^y. ^|^q g^^^j compauy, pursuaut 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 damages 

to the said company, to be recovered in an action of tort ; 

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 10. This act shall take effect upon its passage. 

Approved April 4, 1865. 

Chap. 133 ^^" ^^'^ AUTHORIZING THK SOUTH WILBRAHAM MANUFACTURING 
"' COMPANY TO INCREASE ITS CAPITAL STOCK. 

Be it enacted, ^'c, as follows : 

May increase SECTION 1. The South Wilbraliani Manufiicturing Com- 

' ' pany, a corporation established at South Wilbraham, is 

liereby authorized to increase its capital stock one hundred 

siiares. tliousaiid dollai's, the same to be divided into shares of one 

May hold estate, hundrcd dollars each ; and to hold real estate necessary and 

convenient for the purposes of its business not exceeding in 

amount the sum of one hundred thousand dollars. 

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

Approved April 4, 1865. 



Chap. 134: -^^ -^^"^ "^^ DEFINE THE TERM 
■^' COMMITTI 



OF OFFICE OF MEMBERS OF SCHOOL 
TEES IN CITIES. 

Be it enacted, ^'c, as follows : 
Is"dty°TOuncii; Tiie term of oifice of members of the school committee in 
unless now other- citics wlicrc no different provision has been heretofore specifi- 
cally made, shall commence at the same time, from year to 
year, as is now provided in regard to members of the sev- 



1865.— Chapters 135, 136. 521 

eral city councils, anything in the twentietli section of the 
thirty-eighth chapter of the General Statutes to the contrary 
notwithstanding. Approved April i, 1S05. 

An Act in addition to an act for supplying the city of Chap. 135 

CIIARLESTOWN WITH PURE WATER. 

Be it enacted, ^'c, «>■ follows : 

Section 1. The city council of the city of Charlestown is city council may 
hereby authorized to issue water bonds of the city of Charles- water bonds. 
town to an amount not exceeding two hundred and fifty 
thousand dollars, in addition to the amount now authorized 
by the eleventh section of chapter one hundred and five of 
the acts of the year eighteen hundred and sixty-one, and by 
chapter one hundred and seventy-six of the acts of the year 
eighteen hundred and sixty-four. The bonds hereby author- 
ized may be issued and the proceeds thereof appropriated in conditions, 
accordance with and subject to the provisions and conditions 
of said eleventh section, except so far as the same are 
changed or modified by this act. 

Section 2. The water bonds of the city of Charlestown May be redeem- 
which may hereafter be issued by virtue of this act, or of fifty jears°"^ ^ 
any previous act or acts, may be redeemable at a period of 
time not less than one nor more than fifty years from and May issue for pay- 
after the issue of such bonds, respectively. And the city interest. 
council of said city may, for the purpose of meeting the 
payments of any of said water bonds, or of the interest 
which may accrue upon any of said bonds, make such 
further issue of water bonds as may be necessary therefor : 
provided, that the issue of bonds under this act shall not Proriso: limita- 
exceed two hundred and fifty thousand dollars. *'^°" 

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

Approved April 8, 1865. 
An Act relating to service of summons in suits against cer- Chcip, 136 

TAIN corporations. 

Be it enacted, ^t., as folloios : 

Section 1. In suits against a county, the summons shall Against county, 
be served by leaving an attested copy thereof with the county nrer^T commls"- 
treasurer, and with one of the county commissioners, or one ^"'"""' 
of the officers who by law exercise the powers of county com- 
missioners. In suits against a city, town, precinct, parish. Against town, 
religious society or school district, or against the proprietors or^'eltatr'^pro^ 
of common and undivided lands, or general fields or wharves p^'^j.^"/^''. T^^^ 
lying in common, the summons shall be served by leaving an of parties in 
attested copy thereof with the treasurer of the corporation ^P^^^Y/f''^''^^*^" 
or of the proprietors, and another like copy with the mayor, 
clerk, one of the aldermen, or one of the selectmen of the 



522 



1865.— Chapters 137, 138. 



city or town, or one of the assessors or standing committee 
of the parish or religious society, or one of the proprietors 
of such land or other estate, as the case may be ; and if there 
is no such treasurer found within the county, tlie copy shall 
be left with one of the other officers before mentioned, or with 
one of said proprietors ; and if there are no such officers, the 
copy shall be left with one of the inhabitants of the county, 
city or town, or one of the members of the corporation. 
Repeal. SECTION 2. Scctiou twcnty-ninc of chapter one hundred 

and twenty-three of the General Statutes is hereby repealed. 

Approved April 8, 1865. 

Chan. 137 ^^ ■^^'^ conceumng the springfield and longmeadow kail- 
-^ ' road corporation. 

Be it enacted, &,'c., as follows : 
May exftnd loca- SECTION 1. Chapter two huudrcd and thirty-two of the 
state in LonR- acts of the ycar eighteen hundred and forty-nine, being the 
blShaZ. °' ^'' act incorporating the Springfield and Longmeadow Railroad 
Corporation, revived and extended by chapter eighty-one of 
the acts of the year eighteen hundred and sixty-four, is 
hereby amended in the second section thereof, so far as to 
permit the location and construction of said railroad upon a 
route terminating at the south line of the state, either in the 
town of Longmeadow or Wilbraham. 
Capital stock. SECTION 2. Said corporatioii may liave a capital stock 

not less than one hundred and fifty thousand dollars, and 
not exceeding three hundred thousand dollars, which shall 
be divided into shares of one hundred dollars each. 



Shares. 

Chap. 138 

Corporators. 

Title. 

Location. 
Purpose. 
Powers. 



Approved April 8, 1865. 



Proviso. 



Capital stock. 



An Act to incorporate the linden house company. 
Be it enacted, S)-c., as follows : 

Section 1. William H. Spooner, Washington Libbey, 
Samuel B. Krogman, their associates and successors, are 
hereby made a corporation by the name of the Linden House 
Company, for the purpose of erecting a public house, to be 
located within the limits of the city of Boston, and maintain- 
ing such public house, with the buildings and improvements 
connected therewith ; with all the powers and privileges, 
and subject to all the duties, liabilities and restrictions con- 
tained in alfl general laws which now are or may hereafter 
be in force, and applicable to such corporations : provided, 
hoivever, that said corporation shall not carry on the busi- 
ness of keeping a hotel or boarding house, or be in any way 
interested in such business. 

Section 2. The capital stock of said corporation shall not 
exceed one million dollars, and shall be divided into shares 



1865.— Chapters 139, 140, Ul, 523 

of one hundred dollars each ; and said corporation may hold shares. 
real and personal estate to the value of one million dollars Estate. 
for the pui'poscs mentioned in the first section. 

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

Approved April 8, 1865. 

Ax Act to extp:nd the time for constructing the melrose Chap. 139 

AND SOUTH READING HORSE RAILROAD. 

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

Section 1. The time allowed for the construction of the Extended to 
Melrose and South Reading Horse Railroad is hereby '^^"'■^'''^'" 
extended to the first day of April in the year eighteen hun- 
dred and sixty-seven. 

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

Approved April 8, 1865. 

Ax Act to incorporate the sandwich savings bank. Chap. 140 

Be it enacted, cVc, as folloivs : 

Section 1. Theodore Kern, Charles Dillingham, I. Kim- corporators. 
ball Chipman, their associates and successors, are hereby 
made a corporation by the name of the Sandwich Savings Title. 
Bank, to be established and located in the town of Sand- 
wich ; with all the powers and privileges, and subject to all Powers, 
the duties, liabilities and restrictions set forth in all general 
laws which now are or may hereafter be in force applicable 
to savings banks and institutions for savings. 

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

Approved April 8, 1865. 

An Act to incorporate the marblehead and lynn railroad Chap. 141 

company. 
Be it enacted, cVc, as follows: 

Section 1. John F. Harris, Thomas Brown, Jonathan H. corporators. 
Orne, their associates and successors, are hereby made a 
corporation by the name of the Marblehead and Lynn Rail- Tuie. 
road Company, with all the privileges, and subject to all the Powers. 
duties and liabilities set forth in all general laws that now 
are or may hereafter be in force relating to railroads and 
railroad corporations. 

Section 2. The said company may locate, construct and Location. 
use a railroad commencing at a point in the town of Marble- 
head on Washington Street near the termination t of Middle 
Street, or on Darling Street, thence running by the northerly 
side of Roundey's Hill, thence running in a curve to the 
west and entering the valley lying midway between the shore 
line of the sea and the highway leading from Marblehead to 
Lynn, thence following the line of said valley to a point in 
the land of Horace Ware, thence curving; so as to cross said 



524 



1865.— Cpiapter U2. 



May unite with 
Eastern road. 



highway from Marbleheacl to Lynn at a point near the 
boundary hne between Salem and Marblehead, thence cross- 
ing the road that runs by land of John Phillips, at a point 
south of the house of said Phillips, thence following the gen- 
eral line of the valley and striking the track of the Eastern 
Railroad Company, at a point in Stetson's Farm, easterly of 
the Swampscott station on said Eastern Railroad. 

Section 3. The Marblehead and Lynn Railroad Company 
is hereby authorized to enter with its road upon and unite 
the same with and use the road of the Eastern Railroad 
Company, and the Eastern Railroad Company is hereby 
authorized to enter with its road upon, and unite the same 
with, and use the road of the Marblehead and Lynn Railroad 
Company, subject in either case to the general laws of this 
Commonwealth relating to railroad corporations. 

Section 4. The capital stock of the Marblehead and Lynn 
Railroad Company shall not exceed two hundred and fifty 
thousand dollars, and shall be divided into shares of one 
hundred dollars each, and said company may hold such real 
and personal estate as may be necessary for the purposes for 
which it is incorporated. 

Section 5. The Marblehead and Lynn Railroad Company 
is hereby authorized to sell or lease its railroad and franchise 
to the Eastern Railroad 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 Eastern Railroad 
Company is hereby authorized and empowered, by a vote of 
a majority of 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 the Marl)lehead and 
Lynn Railroad Company. If said railroad and franchise be 
so leased or purchased, the Eastern Railroad 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 Marblehead and Lynn Railroad Company, and in case of 
purchase, the Eastern Railroad Company may increase its 
capital stock by an amount equal to that granted by section 
four of this act. 

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

Approved April 8, 1865. 

Chan. 142 ^^ ^^'' concerning the distribution of the annual income of 

THE SCHOOL FUND. 

Be it enacted, ^'c, as follows : 
Town or city to SECTION 1. No apportionment and distribution of the 

be entitled must piiipi -iiii i 

have complied auuual incomc 01 tlic school lund, as provided by tlie second 



Capital stock. 
Shares. 

Estate. 



May sell or lease 
franchise to East- 
ern R. 11. Co. 



Eastern Co. em- 
powered to take. 



Upon transfer, 
powers and du- 
ties to pertain. 



In case of pur- 
chase Eastern Co. 
may increase its 
capital. 



1865.— Chapter 142. 525 

and third sections of chapter thirty-six of the General Stat- ^^"\f^^g"^'^|;'^^ 
iites, shall he made to any town or city which has not com- «3 per capita be- 
plied with the requisitions of the first and second sections of years" ^ '""^ ^^ 
chapter tl\irty-eight, and the fifth and sixth sections of chap- 
ter forty of the General Statutes, and of any amendments to 
either of said sections ; or which has not raised by taxation 
for the support of schools, during the school year embraced 
in the last annual returns, including only wages and board 
of teachers, fuel for the schools, and care of fires and school- 
rooms, a sum not less than three dollars for each person 
between the ages of five and fifteen years, belonging to said 
town or city on the first day of May of said school year. 

Section 2. Instead of the certificate required by the certificate of 

ni/-< iriii committee : sub- 

fourth section of chapter forty of the General Statutes to be stitute for form 
transmitted to the secretary of the board of education, the 4oT4"g.s.°'^ 
school committee shall make and transmit, in the manner 
and at the time in said section provided, a certificate in the 
following form, to wit : 

We, the school committee of , do certify that from the 

returns made by the assessors in the year , it appears that on 

the first day of May, in the year , there were belonging to said 

town the number of persons between tlie ages of five and fifteen 

years ; and we further certify that said town raised tlie sum of 
doilars for the support of public schools for the preceding school year, 
including only the wages and board of teachers, fuel for the schools, 
and care of fii-es and school-rooms ; and that said town maintained, 
during said year, each of the schools required to be kept by the first 
section of the thirty-eighth chapter of the General Statutes for a 
period not less than six months ; and we further certify that said 
town maintained during said year school for the benefit of all 

the inhabitants of the town, as required by section two, chapter 
thirty-eight of the General Statutes, for months and days. 

>• School Committee. 

ss. 
On this day of , personally appeared the above-named Attestatioa of 

school committee of , and made oath that the above certificate J^^''*"*- 

by them subscribed is true. 

Before me, . Justice of the Peace. 

Section 3. In the returns made by the school committee to Returns to secre- 
the secretary of the board of education, twenty days or forty ed7ca°tion°" 
half days of actual session shall be counted as one month. 

Section 4. The provisions of the first section of this act First section m 
shall take effect on the apportionment and distribution of the ^°'^'=^"'"^y '^'• 
income of the school fund, to be made in July, in the year 
eighteen hundred and sixty-seven. Approved April 11, 1865. 

19 



526 1865.— Chapters 143, 144. 

Chan. 143 Ax Act in addition to an act passed in the yeau one thousand 

EIGHT HUNDRED AND SIXTY-FOUR, ENTITLED AN ACT IN RELATION 
TO TRUSTS AND TRUSTEES. 

Be it enacted, c^'c, as follows : 
Act repealed: see ^j^y corporatioii failing to comply with the provisions of 
the first section of chapter two hundred and thirty-nine of 
the acts of the year one thousand eight hundred and sixty- 
four, shall be svibject to a penalty of not less than five 
hundred or more than five thousand dollars. 

Approved April 11, 1865. 

Chat). 144 -A^ ■^^'^ '^^ AUTHORIZE THE CITY OF CHELSEA TO PURCHASE A 
-' * SUPPLY OF WATER FROM THE CITY OF CHARLESTOWN, AND TO 

ISSUE SCRIP IN PAYMENT THEREFOR. 

Be it enacted, §'c., as folloivs : 

May purchase, SECTION 1. The city of Chclsca is hereby authorized to 
^6°, Ind main- purchasc a supply of water from the city of Charlestown, 
tain works. agrccably to the provisions of section fifteen of chapter one 
hundred and five of the acts of the year eighteen hundred 
and sixty-one, and may erect and maintain such works and 
structures as may be requisite and necessary for the intro- 
duction of water from the said city of Charlestown to the 
said city of Chelsea, and the distribution thereof in said city 
City council may of Chclsca ; and for the purpose of defraying the costs and 
Mdltmabieinone cxpcnses of sucli iutroductiou and distribution, the city coun- 
to fifty years. ^.Q ^f Chclsca shall havc authority to issue from time to time 
scrip, notes or certificates of debt, to be denominated Water 
Bonds of the City of Chelsea, to an amount not exceeding two 
hundred thousand dollars, bearing interest not exceeding six 
per centum per annum, which shall be redeemable at a period 
of time not less than one nor more than fifty years from and 
after the issue of said scrip, notes or certificates respectively; 
May sell at pub- and tlic said city council may sell the same, or any part 
lie or private sale, ^^^gj-g^f^ f^^^^ ^j^^g ^q ^Jj^^jq^ ^t pubHc or pdvatc salc, for the 

purpose aforesaid, on such terms and conditions as the said 
May make fur- city couucil sliall judgc propcr ; and the said city council 
menrof^'^riror Hiay, for thc purposc of meeting payments of such interest as 
interest. j^r^y accruo upou any certificate of debt, make such further 

issue of scrip, notes or certificates of debt as may be neces- 
ProTiso. sary therefor : provided, that the whole issue of scrip, notes 

or certificates of debt under this act shall not exceed two 

hundred thousand dollars. 
Construction SECTION 2. Tho work of laying pipes and any other 

over river to be . , , i. v • ^ • l f /^i i 

directed by com- structurcs ucccssary to carry water irom said city oi Charles- 
borsandXts'!'"^' ^owu across Cliclsca bridge to said city of Chelsea, shall be 

under the direction of the Commissioners on Harbors and 

Flats of the Commonwealth. 

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

Approved April 11, 1865. 



1865.— Chapters 145, 146. 527 

An Act in further addition to an act to incorporatk the Chap. 145 

UNITED states STEAM-SHIP COMPANY. 

Be it enacled, §'c., as follows : 

Section 1. The time allowed to the United States Steam- Time to organize 
ship Company for the performance of the acts required of ef 'ee!^^ '° ^" 
said company by the fourth section of the one hundred and 
thirty-eighth chapter of the acts of the year eighteen hun- 
dred and sixty-three, is hereby extended to the sixth day of 
April, in the year eighteen hundred and sixty-six. 

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

Approved April 11, 1865. 



Chap. 146 



An Act to obtain the industrial statistics op the common- 
wealth. 

Be it enacted, ^'c, as follows : 

Section 1. The aldermen of each city and the selectmen Assessors to coi- 
of each town in the Commonwealth, shall, between the first to' secretary "0° 
day of May and the first day of September, in the year eigh- b°t"™n°gjg^t"]!^' 
teen hundred and sixty-five, and also between the first day of May and sep- 
of May and the first day of September, in every tenth year 
thereafter, make to the secretary of the Commonwealth the 
returns hereinafter specified ; such returns, so far as they 
relate to the amount, description and value of stock and fuel 
consumed, and of articles maliufactured ; to the produce of 
land, quarries, kilns, coal-beds, ore-beds and fisheries ; to 
wool, wood, bark, charcoal, farm products, live stock, ice 
and imports; to vessels and boats built and buildings erected, 
shall embrace the year ending on the first day of May in said 
years, respectively ; and in all other particulars shall state the 
facts as they shall exist in the respective cities and towns on 
said first day of May, to wit : 1. The number of cotton mills cotton miiisand 
in the city or town. The whole number of cotton spindles ; ™=*""f^='"i'es- 
the quantity of cotton consumed ; gross value of all the stock 
used ; the number of yards of cotton cloth manufactured, 
with a description of the same ; the gross value of the cloth 
manufactured ; the number of pounds of yarn manufactured 
and not made into cloth ; gross value of the same ; the quan- 
tity of cotton thread manufactured ; value of the same ; the 
number of pounds of cotton batting manufactured ; value of 
the same ; the number of bales of pelisse wadding manufac- 
tured ; value of the same ; the number of yards of cotton 
flannel manufactured ; value of the same ; the number of 
cotton quilts and counterpanes manufactured ; value of tlie 
same ; quantity, description and value of all other goods 
manufactured in said mills ; the amount of capital invested ; 
the number of males employed ; the number of females. 



528 



1865. — Chapter 146. 



Calico and de 
laine prints. 



Bleaching and 
dyeing cottons. 



Spool cotton 
manufactured. 



Woollen mills. 



Woollen carpet 
mills. 



Painted carpet- 
ing. 



Other carpeting. 



2. The number of establishments for printing calico and 
mousseline de laine. The number of yards of calico printed 
in said establishments ; value of the same before printing ; 
value after printing ; the number of yards of mousseline de 
laine printed; value of the same before printing; value after 
printing ; the number of yards of goods bleached and col- 
ored in said establishments and not printed ; value of the 
same before bleaching and coloring ; value after ; the amount 
of capital invested in said establishments ; the number of 
males employed ; number of females. 3. The number of 
establishments for bleaching or coloring cotton goods, and 
not connected with calico or mousseline de laine establish- 
ments. The number of yards of goods bleached or colored ; 
value of the same before bleaching or coloring ; value after ; 
the amount of capital invested in said bleaching or coloring 
establishments ; number of hands employed. 4. The number 
of establishments for the manufacture of spool cotton. Value 
of stock used ; quantity manufactured ; value of the same ; 
amount of capital in the business ; number of hands em- 
ployed. 5. The number of woollen mills. The number of 
sets of woollen machinery ; number of pounds of scoured 
wool consumed ; gross value of all the stock used ; the 
number of yards of broadcloth manufactured ; value of the 
broadcloth manufactured ; number of yards of cassimere 
manufactured ; value of cassimere ; number of yards of 
satinet manufactured ; value of satinet ; number of yards of 
Kentucky jeans ; value of Kentucky jeans ; number of yards 
of flannel or blanketing ; value of flannel or blanketing ; 
number of shawls manufactured ; value of shawls ; number 
of table and piano-forte covers manufactured ; value of table 
and piano-forte covers ; number of pounds of woollen yarn 
manufactured and not made into cloth ; value of woollen 
yarn ; description and value of all other woollen goods man- 
ufactured ; the amount of capital invested in said mills ; 
number of males employed in the same ; number of females. 
6. The number of mills for the manufacture of woollen car- 
peting. Number of pounds of scoured wool consumed in 
the manufacture of carpeting ; gross value of stock used ; 
the number of yards and description of woollen carpeting 
manufactured ; value of the same. Number of mills for the 
manufacture of painted carpeting. Value of stock used ; 
number of yards of painted carpeting manufactured ; value of 
the same. Number of establishments for the manufacture of 
all other descriptions of carpeting. Value of stocks used ; yards 
of carpeting manufactured ; value of the same. Amount of 
capital invested in the manufacture of carpeting ; number of 



1865.— Chapter 146. 529 

males employed ; number of females. 7. The number of Domestic wors- 
establishments for the manufacture of American worsteds. 
Quantity and value of stock used ; description and quantity 
manufactured ; value of the same ; capital invested in the 
business ; number of males employed ; number of females. 
8. The number of establishments for the manufacture of worsted goods, 
"worsted goods, or goods of which worsted is a component 
part. Value of stock used ; yards of mousseline de lainc 
manufactured ; value of the same ; yards of other fabrics 
manufactured ; value of the same ; pounds of worsted yarn 
manufactured and not made into cloth ; value of the same ; 
value of all other goods manufactured ; amount of capital 
invested in said establishments ; number of males employed ; 
number of females. 9. The number of establishments for shoddy, 
the manufacture of shoddy. Value of stock used ; number 
of pounds of shoddy manufactured ; value of the same ; 
amount of capital invested in the business ; number of males 
employed ; number of females. 10. The number of estab- nosiery. 
lishments for the manufacture of hosiery. Value of stock 
used ; quantity and description of hosiery manufactured ; 
value of hosiery manufactured ; number of pounds of yarn yam. 
manufactured and not made into hosiery ; value of the same ; 
amount of capital invested in said business ; number of males 
employed in the same; number of females. 11. The num- ciothgioves. 
ber of manufactories of cloth gloves for ladies and gentle- 
men. Value of stock used ; description and' quantity 
manufactured ; value of the same ; capital invested in the 
business ; number of males employed ; number of females. 
12. The number of establishments for the manufacture of Baimorai swrts. 
balmoral skirts. Value of stock used ; number of balmoral 
skirts manufactured ; value of the same ; amount of capital 
invested in the business ; number of males employed ; num- 
ber of females. 13. The number of manufactories of ladies' siik scarfs, 
silk scarfs. Quantity and value of stock used ; number of 
scarfs manufactured ; value of the same ; amount of capital 
invested in the business ; number of males employed ; num- 
ber of females. 14. The number of manufactories of linen couars and cuffs. 
collars and cuffs for ladies. Value of stock used ; quantity 
and description of all articles manufactured ; value of the 
same ; amount of capital invested in the business ; number 
of males employed; number of females. 15. The number nead-dressesand 
of manufactories of head-nets and head-dresses. Quantity °^'^' 
and value of stock used ; number and description of nets ♦ 
and head-dresses manufactured ; value of the same ; amount 
of capital invested in the business ; number of males em- 
ployed ; number of females. 16. The number of manufac- Artificial flowers. 



530 



1865. — Chapter 146. 



Trimmings, 
ladies' garments. 



Jet pins and belt 
buckles. 



Worsted braids, 
cords and webs. 



Linen. 



Silk. 



Bonnet ribbons. 



Belt ribbons. 



Machine twist. 



Dress trimmings. 



tories of feathers and artificial flowers. Yaliie of stock used ; 
quantity and description of articles manufactured ; value of 
the same ; capital invested in the business ; number of males 
employed ; number of females. 17. The number of manufac- 
tories of bugle trimmings for ladies' garments. Tlie value of 
stock used ; quantity of trimmings manufactured ; value of the 
same ; amount of capital invested in the business ;■ number of 
males employed ; number of females. 18. The number of 
manufactories of jet pins for ornaments to ladies' dresses and 
bonnets, and of ladies' belt buckles and belt clasps. Descrip- 
tion and value of stock used ; quantity and description of 
articles manufactured ; value of the same ; capital invested 
in the business ; number of males employed ; number of 
females. 19. The number of manufactories of worsted dress 
braids, of worsted embroidery braids, and of elastic cords and 
webs. Description and value of stock used ; quantity and 
description of all articles manufactured ; value of the same ; 
amount of capital invested in the business ; number of males 
employed ; number of females. 20. The number of estab- 
lishments for the manufacture of linen. Value of stock 
used ; number of yards of linen manufactured ; value of the 
same ; quantity of linen thread manufactured ; value of linen 
thread ; amount of capital invested in said business ; number 
of males employed ; number of females. 21. The number 
of silk manufactories. Value of stock used ; number of 
yards of silk manufactured ; value of the same ; number of 
pounds of sewing silk manufactured ; value of sewing silk ; 
amount of capital invested in said business ; number of males 
employed in the same ; number of females. 22. The num- 
ber of manufactories of bonnet ribbons. Value of stock 
used ; quantity and value of bonnet ribbons manufactured ; 
amount of capital invested ; number of males employed ; 
number of females. 23. The number of manufactories of 
belt ribbons for ladies' wear. Value of stock used ; quantity 
and description of goods manufactured ; value of the same ; 
amount of capital invested in the business ; number of males 
employed ; number of females. 24. The number of manu- 
factories of machine twist of all kinds. Description and 
value of stock used ; quantity and description of twist man- 
ufactured ; value of the same ; capital invested in tlic busi- 
ness ; number of males employed ; number of females. 25. 
The number of establishments for the manufacture of dress 
trimmings, including gimps, cords, buttons, fringes and 
tassels. Value of stock used ; description and value of 
articles manufactured ; amount of capital invested in the 
business ; number of males employed ; number of females. 



1865.— Chapter 146. 531 

26. The number of rolling, slitting and nail mills. Value NaUs and iron. 
of stock used ; tons of iron manufactured and not made 

into nails ; value of iron thus manufactured. Number of 
machines for the manufacture of nails ; tons of nails manu- 
factured ; value of the same ; amount of capital invested in 
rolling, slitting and nail mills ; number of hands employed. 

27. The number of wire manufactories. Value %t stock wire, 
used ; quantity of wire manufactured ; value of the same ; 
capital invested in the business ; number of hands employed. 

28. The number of forges. Value of stock used ; number chaia cawes, 
of tons of bar iron, anchors, chain cables, and other articles fron.""^^ ^^ 
of wrought iron manufactured ; value of said bar iron, chain 

cables, anchors and other articles; amount of capital invested 
in said business ; number of hands employed. 29. The num- Pigiron. 
ber of furnaces for the manufacture of pig iron. Value of 
stock used ; number of tons of pig iron manufactured ; 
value of the pig iron manufactured ; amount of capital 
invested in said business ; number of hands employed. 30. 
The number of furnaces for the manufacture of hollow ware uouowware. 
and castings, other than pig iron. Value of stock used ; 
number of tons of hollow ware and other castings manufac- 
tured ; value of the same ; amount of capital invested in 
said business ; number of hands employed. 81. The num- cotton gins. 
ber of establishments for the manufacture of cotton gins. 
Gross value of stock used ; number of cotton gins manufac- 
tured ; value of the same ; amount of capital invested in 
the business ; number of hands employed. 32. The number cotton and otiier 
of establishments for the manufacture of cotton, woollen ""^^ ^^''^^' 
and other machinery. Gross value of stock used ; value of 
machinery manufactured ; amount of capital invested in said 
business ; number of hands employed. 33. The number of Machine and 
establishments for the manufacture of machine and hand 
cards of all kinds. Value of stock used ; number of hand 
cards manufactured ; value of the same ; number of feet of 
machine cards manufactured ; value of the same ; amount 
of capital invested in the business ; number of males em- 
ployed ; number of females. 34. The number of establish- Locomotives and 
ments for the manufacture of locomotives, steam-engines *°°'"'^^' 
and boilers. Value of stock used ; number of locomotives, 
steam-engines and boilers built ; value of the same ; amount 
of capital invested in said business ; number of hands 
employed. 35. The number of establishments for the Fire-engines. 
manufacture of fire-engines. Value of stock used; •num- 
ber of fire-engines manufactured ; value of the fire-engines 
manufactured ; amount of capital invested in the business ; 
number of hands employed. 36. The number of scythe scythes. 



532 1865.— Chapter 146. 

manufactories. Value of stock used ; number of dozens of 
scythes manufactured ; value of the same ; amount of capi- 
tal invested in the business ; number of hands employed. 

Augers, &c. 37, The number of manufactories of augers, bits and gim- 
lets. Value of stock used ; number of the several kinds 
manufactured ; value of the same ; number of hands em- 
Axes, &c. ployed. ^ 38. The number of establishments for the manu- 
facture of axes, hatchets and other edge tools. Value of 
stock used ; number of dozens of axes, hatchets and other 
edge tools manufactured ; value of the same ; amount of 
capital invested in the business ; number of hands employed. 

Files. 39. The number of establishments for the manufacture of 

files. Value of stock used ; number of dozens of files man- 
ufactured ; value of the same ; amount of capital invested in 

Mechanics' tools, tlic busiucss ; numbcr of hands employed. 40. Gross value 
of mechanics' tools manufactured and not elsewhere enumer- 
ated ; value of stock used in tlie manufacture of the same ; 
amount of capital invested in the business ; numbcr of hands 

Cutlery. employed. 41. The number of establishments for tlie man- 

ufacture of cutlery. Value of stock used ; description and 
quantity of cutlery manufactured ; value of the same ; 
amount of capital invested in the business ; number of hands 

Nuts and screws, cmploycd. 42. The number of establishments for the man- 
ufacture of nuts and screws. Value of stock used ; number 
of gross of nuts and screws manufactured ; value of the same ; 
amount of capital invested in the business ; number of hands 

Butts or hinges, cmploycd. 43. Tlic uumbcr of establishments for the man- 
ufacture of butts or hinges. Value of stock used ; number 
of dozens of iron butts or hinges manufactured ; value of the 
same ; number of dozens of brass or composition butts or 
hinges ; value of the same ; amount of capital invested in 

Door latches. tlic busiucss; uumbor of hands employed. 44, The number 
of establishments for the manufacture of door latches and 
handles. Value of stock used ; number of dozens of door 
latches and handles manufactured ; value of the same ; 
amount of capital invested in the business ; number of hands 

Locks. employed. 45. The* number of lock manufactories. Value 

of stock used ; number of locks manufactured ; value of the 
same ; amount of capital invested in the business ; number 

Tacks and brads, of liauds employed. 46. The number of tack and brad man- 
ufactories. Value of stock used ; number of tons of tacks 
and brads manufactured ; value of the same ; amount of 
capitaj invested in the business; number of hands employed. 

shoTeis, spades, 47, Tlic uumbcr of establishments for the manufacture of 
shovels, spades, forks and hoes. Value of stock used ; num- 
bcr of dozens of shovels, spades, forks and hoes manufac- 



1865.— Chapter 146. 533 

turccl ; value of the same ; amount of capital invested in the 
business; number of hands employed. 48. The number of Ploughs, &c. 
establishments for the manufacture of ploughs and other 
agricultural implements. Value of stock used ; number of 
ploughs manufactured ; value of the same ; description and 
quantity of other agricultural implements manufactured ; 
value of the same ; amount of capital invested in the busi- 
ness ; number of hands employed. 49. Manufacture of Gas, water ana 
metallic gas pipes, water pipes and steam pipes. Value of ^^''"'^'^''^' 
stock used ; number of feet of pipe of the various kinds 
manufactured ; value of the same ; amount of capital 
invested in the business ; number of hands employed. 
50. The number of shops for the manufacture of iron iron fences and 
railing, iron fences and iron safes. Value of stock used ; ^"'^ ^^' 
value of iron railing, iron fences and iron safes manufac- 
tured ; amount of capital invested in the business ; number 
of hands employed. 51. The number of manufactories of Metai sheathing. 
metal sheathing of all kinds for vessels. Value of stock 
used ; quantity and description of sheathing manufactured ; 
value of the same; capital invested in the business; number 
of hands employed. 52. The number of copper manufac- copper. 
tories. Value of stock used ; tons of copper manufactured ; 
value of the same ; description and quantity of copper 
■ware manufactured ; value of the same ; amount of capital 
invested in the business ; number of hands employed. 63. 
The number of bell foundries. Value of stock used ; num- seiis. 
ber and aggregate weight of bells manufactured ; value of 
the same ; amount of capital invested in the business ; num- 
ber of hands employed. 54. The number of brass foundries. Brass. 
Value of stock used ; description and quantity of articles 
manufactured ; value of the same ; amount of capital 
invested in the business ; number of hands employed. 55. 
The number of manufactories of gas, oil and kerosene fix- oas fixtures and 
tures and lamps. Value of stock used ; quantity manufac- ^™^^' 
tured ; value of the same ; amount of capital invested ; 
number of hands employed. 56. The jnumber of establish- Britannia ware, 
ments for the manufacture of britannia ware. Value of 
stock used ; description and quantity of britannia ware man- 
ufactured ; value of the same ; amount of capital invested 
in the business; number of hands employed. 57. The num- Buttons, 
ber of button manufactories. Value of stock used ; number 
of gross of metal buttons manufactured ; value of the same ; 
number of gross of covered buttons manufactured ; value of 
the same ; number of gross of wood buttons and button 
moulds manufactured ; value of the same ; amount of capi- 
tal invested in the business ; number of males employed ; 

20 



534 



1865.— Chapter 146. 



Hoop skirts. 



Glass. 



Starch. 



Chemicals. 



Paper. 



Corsets. number of females. 58. The number of manufactories of 

corsets of all kinds. Value of stock used ; number of cor- 
sets manufactured ; value of the same ; capital invested in 
the business; number of males employed; number of females. 
59. The number of establishments for the manufacture of 
hoop skirts. Value of stock used ; number of hoop skirts 
manufactured; value of the same; amount of capital invested 
in the business ; number of males employed ; number of 
females. 60. The number of glass manufactories. Value 
of stock used ; quantity of window glass manufactured ; 
value of the same ; description and quantity of other glass 
manufactured; value of tlie same; amount of capital invested 
in the business; number of hands employed. 61. The num- 
ber of starch manufactories. Value of stock used ; pounds 
of starch manufactured from wlieat or flour ; value of the 
same ; pounds of starch manufactured from potatoes ; value 
of the same ; amount of capital invested in the business ; 
number of hands employed. 62. The number of establish- 
ments for the manufacture of chemical preparations. Value 
of stock used; value of chemical preparations manufactured; 
amount of capital invested in the business ; number of hands 
employed. 63. The number of paper manufactories. Tons 
of stock consumed ; value of the same ; tons of printing 
paper manufactured ; value of the same ; tons of wrapping 
paper manufactured ; value of the same ; reams of writing 
paper manufactured ; value of the same ; all other kinds of 
paper manufactured ; value of the same ; amount of capital 
invested in the business ; number of males employed ; num- 
ber of females. 64. The number of manufactories of paper 
collars for ladies and gentlemen. Value of stock used ; 
number and description of collars manufactured ; value of 
the same ; capital invested in the business ; number of males 
Card and bonnet employed; numbcr of females. 65. The number of estab- 
paper. lislmieuts for the manufacture of card paper, cards and 

bonnet paper. Value of stoclc used ; description and quan- 
tity of articles manufactured ; value of the same ; amount 
of capital invested in the business ; number of males em- 
ployed ; number of females. 66. The number of manufac- 
tories of organs, melodeons and harmoniums. Value of 
stock used ; number of instruments of the several kinds 
manufactured ; value of the same ; amount of capital invested 
in the business; number of hands employed. 67. The num- 
ber of piano-forte manufactories. Value of stock used ; 
number of piano-fortes manufactured ; value of the same ; 
amount of capital invested. Number of establishments for 
the manufacture of detached parts of piano-fortes. Value 



Paper collars. 



Musical instru- 
ments. 



Piano-fortes. 



1865.— Chapter US, 535 

of detached parts of piano-fortes manufactured ; value of 
stock used ; amount of capital invested in the business. 
The number of all other musical instrument manufactories, other musical 
Value of stock used ; description and number of musical '°^ ^^^^^ «. 
instruments manufactured ; value of the same ; amount of 
capital invested in the business ; number of hands employed 
in the manufacture of musical instruments. 68. Number of Printing. 
printing and newspaper establishments. Value of stock 
used ; number and name of newspapers and periodicals 
printed ; how often issued ; gross value of said newspapers 
and periodicals ; amount of capital invested in the business. 
Number of books printed ; value of the printing done on the 
same ; value of all other printing done ; amount of capital 
invested in printing ; number of males employed ; number 
of females. 69. The number of bookbinderies. Value of Book-binding. 
stock used ; value of bookbinding done ; amount of capital 
invested in the business ; number of males employed ; num- 
ber of females. 70. The number of book-publishing estab- boo^s. 
lishments. The number of books published ; value of the 
same, exclusive of the cost of printing and binding ; amount 
of capital invested ; number of males employed ; number of 
females. 71. The number of type and stereotype foundries. Types. 
Value of stock used ; value of types, electrotype and stereo- 
type plates manufactured ; amount of capital invested in the 
business ; number of males employed ; number of females. 
72. The number of clock manufactories. Value of stock ciocks. 
used ; number of clocks manufactured ; value of the same ; 
amount of capital invested ; number of males employed ; 
number of females. 73. The number of sewing-machine sewing-machines 
manufactories. Value of stock used ; number of sewing- 
machines manufactured ; value of the same ; amount of 
capital invested in the business ; number of hands employed. 
74. The number of daguerrean and photographic establish- Daguerreotypes. 
ments. Value of stock used ; number of daguerreotypes 
and photographs taken ; value of the same ; amount of cap- 
ital invested in the business ; number of males employed ; 
number of females. 75. The number of pin manufactories, pins. 
Value of stock used ; quantity of pins manufactured ; value 
of the same ; amount of capital invested in the business ; 
number of males employed; number of females. 76. The Hooks and eyes. 
number of manufactories of hooks and eyes. Value of stock 
used ; quantity of hooks and eyes manufactured ; value of 
the same ; capital invested ; number of males employed ; 
number of females. 77. The number of manufactories of Looking-glasses 
looking-glasses and picture frames. Value of stock used; '^'^'^ ^"^^e^- 
number of the articles manufactured ; value of the same ; 



536 



1865.— Chapter 146. 



Watches. 



amount of capital invested in the business; number of 
hands employed. 78. The number of establishments for 
the manufacture of chronometers, watches, gold and sil- 
ver ware and jewelry. Yalue of stock used ; description 
and quantity of the articles manufactured ; value of the 
same ; amount of capital invested in the business ; number 
of males employed ; number of females. 79. The number 
of manufactories of mattresses of all kinds and materials. 
Value of stock used ; number of mattresses of each kind 
made ; value of the same ; amount of capital invested in the 
business ; number of males employed ; number of females. 
80. The number of brush manufactories. Value of stock 
used ; number of brushes manufactured ; value of the same ; 
amount of capital invested in the business ; number of hands 
Saddles, harness employcd. 81. Thc uumbcr of establishments for the man- 
ufacture of saddles, harnesses and trunks. Number of each 
manufactured ; value of the same ; value of stock used ; 
amount of capital invested in the business ; number of hands 
employed. 82. The number of establishments for the man- 
ufacture of military goods and equipments ; value of stock 
used ; description and quantity of the articles manufactured ; 
value of the same ; amount of capital invested in the busi- 
ness ; number of males employed ; number of females. 
83. The number of upholstery manufactories. Value of 
stock used ; value of upholstery manufactured ; amount of 
capital invested in the business ; number of males employed ; 
number of females. 84. The number of hat and cap manu- 
factories. Value of stock used ; number of hats and caps 
manufactured; value of the same; amount of capital invested 
in the business ; number of males employed ; number of 
females. 85. The number of establishments for the manu- 
facture of fur goods, including leather gloves and mittens. 
Value of stock used ; description and quantity of the articles 
manufactured ; value of the same ; amount of capital invested 
in the business ; number of males employed ; number of 
females. 86. Tlie number of cordage manufactories. Value 
of stock used ; description and quantity of cordage manufac- 
tured ; value of the same ; amount of capital invested in the 
business ; number of hands employed. 87. The number of 
ship yards. Value of materials used ; number of vessels 
launched ; amount of tonnage of said vessels ; value of the 
same, exclusive of spars, rigging and sails ; amount of capi- 
tal invested in the business ; number of hands employed. 
88. The number of establishments for the manufacture of 
boats. Value of materials used ; number of boats built ; 
value of the same ; amount of capital invested in the busi- 



Brushes. 



and trunks. 



Military goods. 



Upholstery. 



Hats and caps. 



Fur goods and 
leather gloves. 



Cordage. 



Vessels. 



1865.— Chapter 146. 537 

ness ; number of hands employed. 89. The number of mast Masts and spars. 
and spar yards or sheds. Value of materials used ; number 
of masts and spars manufactured ; value of the same ; amount 
of capital invested in the business ; number of hands em- 
ployed. 90. The number of sail lofts. Number of sails saiis. 
made of American fabric during the year ; value of the 
fabric ; value of the sails ; number of sails made of foreign 
fabric ; value of the fabric ; value of the sails ; amount of 
capital invested in the business ; number of hands employed. 
91. The number of establishments for the manufacture of sait. 
salt. Number of bushels of salt manufactured ; value of the 
same ; amount of capital invested in the business ; number 
of hands employed. 92. The number of establishments for Railroad cars and 
the manufacture of railroad cars, coaches, chaises, wagons, 
sleighs and other vehicles. Number of each manufactured ; 
value of the same ; value of stock used ; amount of capital 
invested in the business ; number of hands employed. 93. carriage wheels. 
The number of manufactories of carriage wheels. Value of 
stock used ; number of wheels manufactured ; value of the 
same ; amount of capital invested in the business ; number 
of hands employed. 94. The number of sugar refineries, sugar refineries. 
Value of stock used ; pounds of sugar refined ; value of the 
same ; amount of capital invested in the business ; number 
of hands employed. 95. The number of establishments for confectionery. 
the manufacture of confectionery. Value of the stock used; 
pounds of confectionery made ; value of tlie same ; amount 
of capital invested in the business ; number of males em- 
ployed ; number of females. 96. The number of establish- umbreiias and 
ments for the manufacture of umbrellas and parasols. Number ^'^^'^^^ ^' 
of each manufactured ; value of the same ; value of stock 
used ; amount of capital invested in the business ; number 
of males employed ; number of females. 97. The number Port monnaics 

«,iTi,f.,, />i. o L ' and wallets. 

01 establishments lor the manufacture of port monnaies, 
pocket books and wallets. Number of dozens of each manu- 
factured ; value of the same ; value of stock used ; amount 
of capital invested in the business ; number of males em- 
ployed ; number of females. 98. The number of manufac- Photograph 
tories of photograph albums. Value of stock used ; number '^^^'^'"^• 
of albums made ; value of the same ; amount of capital 
invested in the business ; number of males employed ; num- 
ber of females. 99. The number of manufactories of ink, inkandsta- 
envelopes and other articles of stationery. Value of stock '°°®''^- 
used ; quantity and value of the several articles manufac- 
tured ; amount of capital employed ; number of males 
employed ; number of females. 100. The number of estab- clothing. 
lishments for the manufacture of clothing. Value of stock 



538 



1865.— Chapter 146. 



used ; value of clothing manufactured ; amount of capital 
invested in the business ; number of males employed ; num- 

Chocoiate. bcr of femalcs. 101. The number of chocolate mills. Pounds 

of chocolate manufactured ; value of the same ; amount of 
capital invested in the business ; number of hands employed. 

Coffee. 102. The number of coffee mills. Value of stock used ; 

pounds of coffee manufactured ; value of the same ; amount 
of capital invested in the business ; number of hands em- 

Marbie. ploycd. 103. The number of establishments for the manu- 

facture of articles from marble and other kinds of stone. 
Value of stock used ; description and quantity of articles 
manufactured ; value of the same ; capital invested in the 

Lead. busiucss ; uumbcr of hands employed. 104. The number of 

establishments for the manufacture of sheet lead and lead 
pipe. Value of stock used ; pounds of sheet lead manufac- 
tured; value of the same ; pounds of lead jDipe manufactured; 
value of the same ; amount of capital invested in the busi- 

candies. ucss ; uumbcr of hands employed. 105. The number of 

establishments for the manufacture of sperm and tallow 
candles. Value of stock used ; pounds of sperm candles 
made ; value of the same ; pounds of tallow candles made ; 
value of the same ; amount of capital invested in the busi- 

soap. ness ; number of hands employed. 106. The number of 

establishments for the manufacture of soap. Value of stock 
used ; barrels of soft soap manufactured ; value of the same ; 
pounds of hard soap manufactured ; value of the same ; 
value of all other soaps manufactured ; amount of capital 
, Oils. invested in the business ; number of hands employed. 107. 

The number of establishments for the manufacture of sperm, 
whale, lard or linseed oil. Gross value of stock consumed ; 
gallons of sperm oil manufactured ; value of the same ; 
gallons of whale oil manufactured ; value of the same ; 
gallons of lard oil manufactured ; value of the same ; gallons 
of linseed oil manufactured ; value of the same ; amount of 
capital invested in the business ; number of hands employed. 

Kerosene, naptha 108. Thc numbcr of establishments for the manufacture of 
para ne. ]ierosene or refined petroleum. Quantity of crude petroleum 
used ; value of the same ; quantity of coal used ; value of 
the same ; number of barrels or other casks used ; value of 
the same ; number of gallons of kerosene or refined petro- 
leum maiuifactured ; value of the same ; number of gallons 
of lubricating oil ; value of the same ; number of gallons of 
naptha ; value of the same ; number of pounds of parafine ; 
value of the same ; description, quantity and value of other 
products ; amount of capital invested in the business ; nura- 

Uuiidings. ber of hands employed. 109. The number of master builders. 



1865.— Chapter 146. 539 

Number of buildings erected ; value of the same ; value of 
the materials used ; number of hands employed. 110. The ironwork. 
number of blacksmith shops. Value of stock used; value of 
work done and not included in the returns of other estab- 
lishments ; amount of capital invested in the business ; 
number of hands employed. 111. The number of powder Powder. 
mills. Value of stock used ; pounds of powder manufac- 
tured ; value of the same ; amount of capital invested in the 
business; number of hands employed. 112. The number Arms, shot ana 
of establishments for the manufacture of arms. Value of ^'^''"^' 
stock used ; description and number of cannon manufac- 
tured ; value of the same ; description and number or quan- 
tity of shot and shells manufactured ; value of the same ; 
description and number of small arms manufactured ; value 
of the same ; number of swords manufactured ; value of the 
same ; description, number and value of all other arms man- 
ufactured ; amount of capital invested in the business ; 
number of males employed ; number of females. 113. The chairs. 
number of manufactories of chairs and settees. Value of 
stock used ; number of chairs and settees made ; value of 
the same ; amount of capital invested in the business ; num- 
ber of males employed; number of females. 114. The cabinet ware, 
number of cabinet manufactories. Value of stock used ; 
value of chairs and cabinet ware manufactured ; amount of 
capital invested in said business; number of hands employed. 

115. The number of establishments for the preparation of Rattan. 
rattan used in the manvifacture of chairs and other articles 

of furniture. Value of stock used; quantity of rattan pre- 
pared ; value of the same ; amount of capital invested in the 
business ; number of males employed ; number of females. 

116. The number of tin ware manufactories. Value of stock Tinware. 
used ; value of tin ware manufactured ; amount of capital 
invested in the business ; number of hands employed. 117. combs. 
The number of comb manufactories. Value of stock used ; 
number of dozens of combs manufactured ; value of the 
same ; amount of capital invested in the business ; number 

of males employed ; nvimber of females. 118. The number white lead. 
of establishments for the manufacture of white lead and 
other paints. Value of stock used ; pounds of white lead 
manufactured ; value of the same ; description and quantity 
of all other paints manufactured ; value of the same ; amount 
of capital invested in the business ; number of hands em- 
ployed. 119. The number of establishments for the manu- camphene. 
facture of camphene or burning fluid. Value of stock used ; 
number of gallons of camphene or burning fluid manufac- 
tured ; value of the same ; amount of capital invested in the 



540 



1865.— CHArxER 146. 



Drugs, medicines business ; iiumber of hands employed. 120. Number of 
yes u . egtablisbments for the manufacture of drugs, medichies and 
dyestuffs. Value of stock used ; value of drugs, medicines 
and dyestuffs manufactured ; amount of capital invested in 
the business ; number of males employed ; number of females. 
121. The number of establishments for the manufacture of 
varnish. Value of stock used ; number of gallons of varnish 
manufactured ; amount of capital invested in the business ; 
number of hands employed. 122. The number of glue man- 
ufactories, and manufactories for the preparation of gums. 
Value of stock used; value of glue and gums manufactured; 
amount of capital invested in the business ; number of hands 
employed. 123. The number of flouring mills. Number 
of bushels of grain ground ; value of the same ; number of 
barrels of flour manufactured ; value of the same ; amount 
of capital invested in the business ; number of hands em- 
ployed. 124. The number of tanning and currying estab- 
lishments. Value of stock used ; number of hides tanned ; 
number of hides tanned and curried ; value of leather tanned 
and curried ; amount of capital invested in the business ; 
number of hands employed. 125. The number of manufac- 
tories of belting of all kinds and all materials for machinery. 
Value of stock used ; quantity manufactured ; value of the 
same ; capital invested in the business ; number of hands 
employed. 126. The number of establishments for the 
manufacture of patent and enamelled leather. Value of 
stock used ; value of patent and enamelled leather manufac- 
tured ; amount of capital invested in the business ; number 
of hands employed. 127. The number of pairs of boots of 
all kinds manufactured ; number of pairs of shoes of all kinds 
manufactured ; gross value of stock used in the manufacture 
of boots and shoes ; value of boots and shoes manufactured ; 
amount of capital invested in the business ; number of males 
employed; number of females. 128. The number of estab- 
lishments for the manufacture of engine and other hose of 
all descriptions. Value of stock used ; description and num- 
ber of feet of engine hose manufactured ; value of the same ; 
amount of capital invested in the business ; number of hands 
employed. 129. The number of establishments for the 
manufacture of straw bonnets and hats. Value of stock 
used ; number of straw bonnets manufactured ; value of the 
same ; number of straw hats manufactured ; value of the 
same ; value of straw braid manufactured and not made into 
bonnets or hats ; number of palm leaf hats made ; value of 
the same ; amount of capital employed in the manufacture 
of straw bonnets and hats ; number of males ; number of 



Varnish. 



Glue. 



Flour. 



Leather. 



Delting. 



Patent leather. 



Boots and shoes. 



Engine hose. 



Straw bonnets, 
hats and braid. 



1865.— Chapter 14^. 541 

females. 130. The number of establishments for the manu- Paimieaf. 

facture or preparation of palm leaf for hats, hoods and 

bonnets. Value of stock used ; quantity of leaf prepared ; 

value of the same ; capital invested in the business ; number 

of hands employed. 131. The number of establishments for Paim leaf hats. 

the manufacture of palm leaf hats, hoods and bonnets. 

Value of stock used; quantity and description of goods 

manufactured ; value of the same ; capital invested in the 

business ; number of males employed ; number of females. 

132. The number of brick yards. The number of bricks Bricks. 

manufactured ; value of the same ; amount of capital invested 

in the business ; number of hands employed. 133. The Philosophical 

number of establishments for the manufacture of philosophi- stiuments.'" 

cal, nautical, astronomical and mathematical instruments. 

Description and number of instruments manufactured ; 

value of the same ; value of stock used ; amount of capital 

invested in the business ; njimber of hands employed. 

134. The value of snuff, tobacco and cigars manufactured ; snuff, tobacco 
value of the stock used ; amount of capital invested in the *'^*^ '^'''''^"' 
business ; number of males employed ; number of females. 

135. The number of whip manufactories. Value of the whips, 
stock used ; number of dozens of whips manufactured ; 
value of the same ; amount of capital invested in the busi- 
ness ; number of males employed ; number of females. 

136. The number of establishments for the manufacture of BUcking. 
blacking. Value of stock used ; gross value of blacking 
manufactured ; amount of capital invested in the business ; 
number of hands employed. 137. The number of establish- Blocks and 
ments for the manufacture of blocks and pumps. Value of p^'^p^- 
stock used ; value of blocks and pumps manufactured ; 
amount of capital invested in the business ; number of hands 
employed. 138. The number of pail and tub manufactories. Paiis and tubs. 
Value of stock used ; number of each manufactured ; value 

of the same ; capital invested in the business ; number of 
hands employed. 139. The number of establishments for wooden ware. 
the manufacture of wooden ware of all sorts. Value of stock 
used ; value of ware manufactured ; amount of capital 
invested in the business ; number of hands employed. 
140. The number of establishments for the manufacture of pens and pendi 
gold and steel pens, and gold and silver pencil cases. Value 
of stock used ; number of gold pens manufactured ; value of 
the same ; number of steel pens manufactured ; value of the 
same ; number of gold pencil cases manufactured ; value of 
the same ; number of silver pencil cases manufactured ; 
value of the same ; amount of capital invested in the busi- 
ness ; number of males employed ; number of females. 

21 



cases. 



542 



1865. — Chapter 146. 



Lasts and shoe 
pegs. 



and covers. 



Gold leaf. 141, The number of manufactories of gold leaf. Value of 

stock used ; quantity manufactured ; value of the same ; 
capital invested ; number of males employed ; number of 
females. 142. The number of last and shoe-peg manufac- 
tories. Value of stock used ; number of lasts manufactured ; 
value of the same ; bushels of shoe-pegs manufactured ; 
value of the same ; amount of capital invested in the busi- 

wire safes, sieves n ess ; uumbcr of hands employed. 143. The number of 
manufactories of wire safes, sieves, dish-covers and other 
articles made wholly or in part of wire. Value of stock 
used ; number or quantity of the different articles manu- 
factured ; value of the same ; capital invested in the business ; 
number of males employed ; number of females. 144. The 
number of establishments for the manufacture of casks. 
Value of stock used ; number of casks manufactured ; value 
of the same ; amount of capital invested in the business ; 
number of hands employed. 145. The number of establish- 
ments for the -manufacture of stone and earthen ware. Value 
of stock used ; value of stone and earthen ware manufac- 
tured ; amount of capital invested in the business ; number 
of hands employed. 146. The number of manufactories of 
coffins and burial cases of all kinds. Value of stock used ; 
number of coffins made ; value of the same ; capital invested 
in the business ; number of hands employed. 147. The 
number of planing mills and establishments for the manu- 
facture of sashes, doors and blinds. Value of stock used ; 
value of sashes, doors and blinds manufactured ; value of all 
other work done ; amount of capital invested in the busi- 
ness ; number of hands employed. 148. The number of 
establishments for the manufacture of boxes. Value of stock 
used ; value of wooden boxes made ; value of paper boxes 
made ; amount of capital invested in the business ; number 
of males employed ; number of females. 149. The number 
of manufactories of razor strops. Value of stock used ; 
number manufactured ; value of the same ; amount of cap- 
ital invested in the business ; number of hands employed. 
150. The number of establislmients for the manufacture of 
fire-works. Value of stock used ; value of fire-works manu- 
factured ; amount of capital invested in the business ; num- 
ber of males employed ; number of females. 151. The 
number of establishments for the manufacture of friction 
matches. Value of stock used ; gross of matches manufac- 
tured ; value of the same ; amount of capital invested in the 
business ; number of males employed ; number of females. 
152. The number of establishments for the manufacture of 
India rubber goods. Value of stock used ; description and 



stone and 
earthen ware 



Coffins. 



Sashes, doors 
and blinds. 



Boxes. 



Razor strops. 



ndia rubber. 



1865.— Chapter 146. 543 

quantity of goods manufactured ; value of the same ; amount 
of capital invested in the business ; number of males em- 
ployed ; number of females. 153. The number of establish- Gas. 
ments for the manufacture of gas. Value of stock used ; 
value of gas manufactured ; amount of capital invested in 
the business ; number of hands employed. 154. The num- ice. 
ber of establishments for the preservation of ice for market. 
Number of tons of ice preserved for market ; value of the 
same; amount of capital invested in the business; number 
of hands employed. 155. The number of establishments for pkkies and pre- 
the manufacture of pickles and preserves. Value of stock ^'^'^^®^" 
used ; value of pickles and preserves manufactured ; amount 
of capital invested in the business ; number of hands em- 
ployed. 156. The number of bakeries. Value of stock Bakeries. 
used ; value of bread manufactured ; amount of capital 
invested in the business ; number of hands employed. 157. 
The number of distilleries. Value of stock used ; number Distnienes. 
of barrels of alcohol distilled ; value of the same ; number of 
barrels of all other liquors distilled ; value of the same ; 
amount of capital invested in the business ; number of hands 
employed. 158. The number of breweries. Value of stock Breweries, 
used ; number of barrels of beer manufactured ; value of 
the same ; amount of capital invested in the business ; num- 
ber of liands employed. 159. Number of establishments for Articles not enu- 
the manufacture of articles not elsewhere enumerated, '^^'^^'^'i- 
Description and quantity of articles manufactured ; value of 
the same ; value of stock used ; amount of capital invested ; 
number of males employed ; number of females. 160. The whaie fishery, 
number of vessels employed in the whale fishery. Amount 
of tonnage of such vessels ; number of gallons of sperm oil 
imported ; value of sperm oil imported ; number of gallons 
of whale oil imported; value of the same; number of pounds 
of spermaceti imported ; value of the same ; number of 
pounds of whalebone imported ; value of the same ; amount 
of capital invested in the whale fishery ; number of hands 
employed. 161. The number of vessels employed in the Mackerel and cod 
mackerel and cod fisheries. Tonnage of vessels so employed; ^^'^®"^^- 
number of barrels of mackerel taken ; value of the same ; 
number of quintals of codfish taken ; value of the same ; 
value of cod liver oil sold ; value of salt consumed in the 
mackerel and cod fisheries ; amount of capital invested in 
the business ; number of hands employed. 162. Number of siieiifish. 
bushels of shell fish taken. Value of the same ; amount of 
capital invested in the business ; number of hands employed. 
163. The number of alewives, shad and salmon taken. Aiewives. 
Value of the same ; number of hands employed. 164. The coasting vessels. 



544 



1865.— Chapter 146. 



Building stone. 



Lumber. 



Wood and bark. 



Charcoal. 



Coal, iron and 
other ore. 



Brooms. 



Land. 

Indian corn. 
Broom corn. 



Wheat. 
Rye. 

Barley. 
Buckwheat. 

Oats. 
Millet. 

Other grain. 



number of vessels engaged in the coastwise or carrying trade- 
Amount of tonnage of said vessels ; value of the same ; 
amount received for freight ; number of hands employed. 

165. The number of stone and marble quarries. The value 
of building stone quarried and prepared for market ; value 
of marble quarried and prepared for market ; amount of 
capital invested in the business ; number of hands employed. 

166. The number of lime kilns. Number of casks of lime 
manufactured ; value of the same ; amount of capital invested 
in the business ; number of hands employed. 167. The 
number of saw-mills. Number of feet of lumber prepared 
for market; value of the same; number of laths, clapboards, 
shingles and staves prepared for market ; value of the same ; 
description and value of all other lumber ; amount of capital 
invested in the business ; number of hands employed. 168. 
The number of cords of firewood and bark prepared for 
market ; value of the same ; amount of capital invested in 
the business ; number of hands employed. 169. The num- 
ber of bushels of charcoal manufactured ; value of the same ; 
amount of capital invested in the business ; number of hands 
employed. 170. The number of coal and ore beds. Value 
of mineral coal and iron or other ore and mineral substances 
mined ; amount of capital invested in the business ; number 
of hands employed. 171. The number of corn and other 
brooms manufactured ; value of the same ; value of the stock 
consumed ; amount of capital invested in the business ; num- 
ber of hands employed. 172. The number of farms. Num- 
ber of acres of land ; value of same, including buildings ; 
number of acres of land improved ; number of persons em- 
ployed. 173. The number of acres of unimproved land. 
174. The number of acres of unimprovable land. 175. The 
number of acres of woodland ; value of the same. 176, The 
number of acres of Indian corn ; number of bushels of Indian 
corn raised ; value of the same. 177. The number of acres 
of broom corn. Number of pounds of broom brush ; value 
of the same ; number of bushels of broom seed ; value of the 
same. 178. The number of acres of wheat ; number of 
bushels of wheat ; value of the same. 179. The number of 
acres of rye ; number of bushels of rye ; value of the same. 
180. The number of acres of barley ; number of bushels of 
barley ; value of the same. 181. The number of acres of 
buckwheat ; number of bushels of buckwheat ; value of the 
same. 182. The number of acres of oats ; number, of bush- 
els of oats ; value of the same. 183. The number of acres 
of millet; number of bushels of millet; value of the same. 
184. The number of acres of all other grain crops ; number 



1865. — Chapter 146. 545 

of bushels of all other grains ; value of the same. 185. The nerdsgrass. 

number of acres of herdsgrass seed ; number of bushels ; 

value of the same. 186. The number of acres of clover seed ; cioverseed. 

number of bushels ; value of the same. 187. The number Potatoes. 

of acres of potatoes ; number of bushels of potatoes ; value 

of the same. 188. The number of acres of turnips cultivated Turnips. 

as a field crop ; number of bushels of turnips ; value of the 

same. 189. The number of acres of onions ; number of onions. 

bushels of onions ; value of the same. 190. The number of carrots. 

acres of carrots ; number of bushels of carrots ; value of the 

same. 191. The number of acres of cabbage ; value of the cabbages. 

same. 192. The number of acres of winter squash; value winter squash. 

of the same. 193. Tlie number of acres of garden seeds; Garden seeds. 

value of the same. 194. The number of acres devoted to Gardening. 

market gardening ; value of products. 195. The number Beets. 

of acres of beets and other esculent vegetables ; number of 

bushels of beets and all other esculent vegetables ; value of 

the same ; value of garden seeds prepared for market. 

196. The number of acres of flax ; number of pounds of Fiax. 

flax ; value of the same ; number of bushels of flax seed ; 

value of flax seed. 197. The number of acres of hemp ; nemp. 

number of pounds of hemp; value of the same. 198. The Hops. 

number of acres of hops ; number of pounds bf hops ; value 

of the same. 199. The number of acres of tobacco ; number Tobacco. 

of pounds of tobacco ; value of the same. 200. The number sorghum. 

of acres of sorghum ; gallons of syrup ; value of the same. 

201. The number of acres of basket willow cultivated ; value Basket wiuow. 

of the same. 202. The number of acres of cranberries,; cranberries. 

number of bushels of cranberries ; value of the same. 

203. The quantity of raw silk raised; value of the same. Rawsiik. 

204. The number of acres of English mowing; number of ^^igiish hay. 
tons of English hay ; value of the same ; quantity and value 

of grass or clover seed. 205. The number of acres of wet wet meadow hay 
meadow or swale mown ; number of tons of wet meadow or 
swale hay; value of the same. 206. The number of acres sait marsh, 
of salt marsh mown ; number of tons of salt hay ; value of 
the same. 207. The number of apple trees cultivated for Apples and pears. 
their fruit ; value of the apples ; number of pear trees culti- 
vated for their fruit ; value of the pears ; number of all other 
trees cultivated for their fruit ; value of the fruit ; value of 
nuts or berries cultivated or gathered for market. 208. The sheep. 
number of Saxony sheep, of different grades ; number of 
Merino sheep, of different grades ; number of all other kinds 
of sheep ; gross value of all sheep. Tlie number of pounds wooi. 
of wool produced from Saxony sheep ; value of the same ; 
number of pounds of Merino wool ; value of the same ; num- 



546 



1865.— Chapter 146. 



Horses, asses, 
mules, oxen, 
cows, heifers. 



Beef. 
Pork. 
Muttoa. 
Veal. 

Cheese. 

Condensed milk. 
Swine, poultry, 



Cloth, by fami- 
lies. 

Other articles. 



Secretary to issue 
blank tables. 



Cause abstract to 
be printed for use 
of legislature. 



Aldermen and 
selectmen, duty 
and powers of. 



Penalty for neg- 
lect. 



ber of pounds of all other wool produced ; value of the same. 
209. The number of horses ; value of horses ; number of 
asses and mules ; value of asses and mules ; number of oxen 
over four years old ; number of steers under four years old ; 
value of oxen and steers ; number of milch cows ; number 
of heifers ; value of cows and heifers ; description, number 
and value of neat stock not embraced above ; number of 
gallons of milk sold ; value of milk sold ; number of pounds 
of butter sold; value of butter; number of pounds of cheese ; 
value of cheese. 210. The number of pounds of dressed 
beef; value of the same. 211, The number of pounds of 
dressed pork ; value of the same. 212. The number of 
pounds of dressed mutton ; value of the same. 213. The 
number of pounds of dressed veal ; value of the same. 
214. The number of cheese factories. Number of pounds of 
cheese manufactured ; value of the same ; number of males 
employed ; number of females. 215. The number of estab- 
lishments for condensing milk. Number of gallons of milk 
condensed; value of the same. 21C. The number of swine ; 
value of the same ; value of poultry sold ; value of eggs sold ; 
number of pounds of honey ; value of the same ; number of 
pounds of beeswax ; value of the same ; value of unenumer- 
ated articles of farm produce. 217. Description and quan- 
tity of cloth manufactured in the family ; value of the same ; 
value of all other articles manufactured in the family for 
sale and not before enumerated. 

Section 2. The secretary of the Commonwealth shall 
cause to be printed blank tables, conveniently arranged for 
the return of the facts aforesaid, with blank columns for the 
return of such facts as are not enumerated in this act, and 
shall furnish three copies of the same, together with one copy 
of this act, to the aldermen of each city and the selectmen of 
each town ; the whole to be accompanied with such printed 
instructions as he shall deem proper. 

Section 3. The secretary of the Commonwealth, after he 
shall have received the returns aforesaid, from the aldermen 
of the several cities and the selectmen of the several towns, 
shall cause to be prepared and printed a true abstract of the 
same, with each column of figures of such abstract added up, 
for the use of the next ensuing legislature. 

Section 4. The aldermen of any city and the selectmen 
of any town may authorize eitlier of their number, or some 
other suitable person or persons, to collect the information 
required by this act. 

Section 5. If any alderman, selectman, or other person, 
authorized under the provisions of section four of this act, 



1865.— Chapters U7, 148. 547 

shall wilfully neglect to make the returns as required in the 
first section, he shall forfeit and pay a sum not exceeding 
two hundred dollars ; and if any person shall refuse to give 
the information required in said first section, he shall forfeit 
and pay a sum not exceeding one hundred dollars. 

Section 6. All fines and forfeitures arising under this Fines andfor- 
act, may be recovered in any court of this Commonwealth saiof.^^' '^^°' 
having competent jurisdiction, in an action of debt, one 
moiety to the use of him or them who shall sue for the same, 
and the other moiety to the use of the Commonwealth ; or 
they may be recovered by information filed by the attorney- 
general, in any court having competent jurisdiction, in which 
case they shall accrue wholly to the Commonwealth. 

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

Approved April 24, 1865. 

An Act relating to banks. Chap. 147 

Be it enacted, Sj'c, as follows: 

Section 1. In lieu of the amount of specie which every Fifteen per cent, 
state bank is required, by the nineteenth section of the fifty- drcuiation^ and 
seventh chapter of the General Statutes, to keep in the bank, keS'uTcu'i! 
it shall be lawful for every sucli bank to keep in the bank an rency, in lieu of 
amount of lawful money of the United States, equal to fifteen ^''*"^' 
per cent, of its liability for circulation and deposits ; and all 
the provisions and requirements of said nineteenth section 
shall apply equally to lawful money of the United States, 
and to specie, so that it shall be optional with each bank to 
keep the fifteen per cent, required by said nineteenth section 
the whole or any part thereof in specie, or in lawful money 
of the United States. 

Section 2. The treasurer of the Commonwealth is hereby Treasurer of com- 
directed to pay, when demanded by any bank, six per cent. up°oTdemandrs« 
for any bank loans due, or that may become due, from the tain'^ioanfof '^'^ 
Commonwealth to any bank, and which have been made i^aniis. 
under the provisions of the eighty-third section of the fifty- 
seventh chapter of the General Statutes, from and after the 
passage of this act. 

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

Approved April 24, 1865. 
An Act in addition to the several acts relative to unlawful Chap. 148 

RECRUITING. 

Be it enacted, i^c, as follows: 

Section 1. It shall not be lawful for any. person within Enlisting, except 
this Commonwealth to recruit for or enlist in the naval or o" enUcMiln" of 
military service of the United States, or to procure persons hiiiiteV'"'^' ^'"'" 
to act in such service, except under the authority of 



548 



1865.— Chapter 149. 



Penalty for 
offence. 



Penalty for caus- 
ing unauthorized 
enlistment of 
minor. 



the governor, or of the government of the United States, 
nor to entice or solicit any person to leave the Common- 
wealth for the purpose of entering upon or enlisting, or offer- 
ing himself in any military or naval service elsewhere. 

Whoever offends against the provisions of this section shall 
be punished by fine not exceeding one thousand dollars, or 
imprisonment not exceeding six months. 

Section 2. Any person who shall enlist or cause to be 
enlisted a minor under the age of eighteen years, and induce 
such minor to enter into the naval or military service, know- 
ing him to be under said age, without the consent of the 
father of such minor, if living within this Commonwealth, or 
of the mother or guardian of the minor, in case of the death 
of the father or of his non-residence in the Commonwealth, 
shall be punished by a fine not exceeding one thousand 
dollars, or by imprisonment not exceeding two years. 

Section 3. Any person who shall administer or cause to 
upon p'erson'"fo'r bc administered to another, any drug or intoxicating liquor, 
enlistment. ^jj^|^ ^|^^ intent to iuveigle him into the naval or military ser- 
vice, or shall entice or induce him, while under the influence 
of any such drug or liquor, to enter upon such service, shall 
be punished by fine not exceeding two thousand dollars, or 
by imprisonment not exceeding two years. 

Approved April 24, 1865. 



Penalty for using 
drug or spirit 



Chajp. 149 



Corporators. 



Title. 



Location. 



Capital stock. 



Shares. 



Estate. 



An Act to incorporate the hyannis hotel company. 
Be it enacted, Sfc, as follows : 

Section 1. Alexander Baxter, Owen Bearse, Ephraim 
N. Winslow, their associates and successors, are hereby 
made a corporation by the name of the Hyannis Hotel Com- 
pany, for the purpose of purchasing or erecting in the town 
of Barnstable, buildings necessary and convenient for a pub- 
lic house; with all the powers and privileges, and subject to 
all the liabilities, duties and restrictions set forth in the 
the general laws which now are, or hereafter may be in 
force, and applicable to such corporations. 

Section 2. The capital stock of said corporation shall not 
exceed fifteen thousand dollars, and shall be divided into 
shares of the par value of one hundred dollars each ; and 
said corporation may hold such real and personal property 
as may be necessary and convenient for the purposes afore- 
said, not exceeding the amount of the capital stock. 

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

Approved April 24, 1865. 



1865.— Chapters 150, 151. 549 

An Act to incorporate the avilliamsburg reservoir company. QJidp^ \^{) 
Be it enacted^ ^-c, as follows : 

Section 1. William Skinner, Joel HayJen, Lewis Bod- corporators. 
man, their associates and successors, are hereby made a 
corporation by the name of the Williamsburg Reservoir Title. 
Company, for the purpose of constructing and maintaining a Purpose, 
reservoir of water on the east branch of Mill river in the 
town of Williamsburg, for the supply of mills situated on 
said river ; with all the powers a'nd privileges and subject to rowers. 
all the duties, restrictions and liabilities set fortli in all 
general laws which now are, or may hereafter be in force 
relating to such corporations. 

Section 2. Said corporation may hold real and personal Estate. 
estate necessary and convenient for the purposes aforesaid, 
and its whole capital stock shall not exceed thirty thousand 
dollars, which shall be divided into shares of one hundred 
dollars each. 

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

Approved April 24, 1865. 

An Act concerning the payment of bounties and monthly Chap. 151 
compensation. -^ 

Be it enacted, !fc., as follows : 

Section 1. The monthly pay, which by the provisions of citizens in u. s. 
chapter two hundred and fifty-four of the acts of the year ZZ"clt!fl 
eighteen hundred and sixty-three, or of any act in'extension ^eg?n'in''©}*'days 
thereof, is payable, to persons in the military service of the after discharge. 
United States, shall be paid by the persons appointed pur- 
suant to the fifth section of said act, who shall also pay inter- 
est at the rate of five per centum per annum on all sums 
payable as such pay, said interest to commence after sixty 
days from the expiration of the service certified upon the 
pay-rolls. 

Section 2. There shall be furnished to the persons Money to be fur- 
appointed as aforesaid, from the treasury, upon the warrants ran'tsof"goT°r'^or'. 
of the governor, such sums of money, from time to time, as 
may be necessary to pay the bounty provided in said act, 
and to make the payments herein provided to be made by 
them. 

Section 3. The adjutant-general shall prepare pay-rolls Adjutant-generai 
and other necessary documents connected with payments of roiis%Tc.^^ ^*^' 
bounty and monthly pay, as provided in said act, and supply 
them to the persons appointed as aforesaid. He shall pre- 
pare the pay-rolls in triplicate, and deposit one copy with the 
auditor, and dispose of the other two copies as aforesaid, one 
of which, when examined and found correct, after payment, 
shall be deposited with the auditor. 



550 1865.— Chapters 152, 153. 

Repeal. SECTION 4. The sixth scctioii, and so much of the third 

section of said act as provides that said monthly pay shall be 
payable at the office of the treasurer of the Commonwealth,, 
and all provisions of law inconsistent herewith, are hereby 
repealed. 

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

Approved April 25, 1865. 

Chap. 152 -^^ -^CT TO AUTHORIZE TOWNS AND CITIES TO REIMBURSE MONEY 

PAID FOR RECRUITING PURPOSES. 

Be it enacted, ^'c, as follows : 
May raise for mu- SECTION 1. Anv towu Or citv may raisc, by taxation or 

Dicipahty or per- .i. if ./?./ 

son. otherwise, such sums ot money as may be necessary to pay 

and refund any mobey which has already been paid and 
applied by such city or town, or contributed by individuals 
in aid of, and for the purpose of filling its quotas, or furnish- 
ing men for the present war, under any requisition, order or 
call of the president or of the war department of the United 
States, during the year eighteen hundred and sixty-four : 

Proviso. provided, that all sums raised under this act shall be assessed 

and paid within three years from its passage. 

No reimbursem't SECTION 2. No towu or city shall hereafter claiin any 

by Commonw'tli. ., iX-^i/^ ^^^ v 

reimbursement irom the (Jommonwealth tor any money 
raised under the provisions of this act. 

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

Approved April 25, 1865. 

Chap. 153 -^^ -^CT FOR SUPPLYING THE CITY OF CAMBRIDGE WITH PURE 

WATER. 

Be it enacted, §"c., as folloios : 

City m.iy pur- SECTION 1. Tlic city of Cambridge, for the purpose of 
water wo^srand Supplying tlic inhabitants thereof with fresh water, is hereby 
aqueducf ^""'^ authorized and empowered to purchase, upon such terms as 
may be agreed upon, all the works, franchises, rights and 
property of the Cambridge water works, including the works, 
franchises, rights and property of the Cambridgeport aque- 
duct company, acquired by said Cambridge water works 
under the provisions of chapter twelve of the acts of the year 
eighteen hundred and sixty-one, and hold the same ; and 
May improve pro- may ciilarge, improve and repair the water sources, aque- 
of water^ ^"^^'^ ducts, pumps, rcscrvoirs and other property so purchased, 
with a view to an increased and adequate supply of pure 
water for public and private uses in said city, subject to the 
restrictions now imposed by law upon the Cambridge water 
May acquire land works ; and may also take and hold, in like manner, such 
p°peT,^ete.°'"' land as may be necessary for erecting and maintaining dams 
and reservoirs, and for erecting and maintaining conduits, 



1865.— Chapter 153. 551 

pipes and other works for collecting, conducting and distrib- 
uting water from the sources of supply now used by said 
Cambridge water works through 'said city, or from the 
sources of supply which said Cambridge water works have 
the right to use. The Cambridge water works are hereby water works co. 
authorized and empowered to sell and transfer all their cor- "erty'^and^ftan- 
porate property, rights and franchise to the said city of ''^^^^• 
Cambridge. 

Section 2. The mayor of said city, within thirty days Mayor of city to 
after the taking of any land or other property, under the aup^ropeity""" 
provisions of this act, shall file in the registry of deeds for 
the county of Middlesex a description thereof, sufficiently 
accurate for identification. 

Section 3. Said city, for the purposes aforesaid, may city may buiid 
build aqueducts and maintain the same, by any works suita- wMksTndTreg- 
ble therefor ; may erect and maintain dams ; may make and ^!;Ye'r. ""'' °^ 
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 the use of the water, and establish the prices 
or rents to be paid therefor, and collect the same by process 
of law. Said city may also, for the purposes aforesaid, carry May cross oTer 
its pipes and drains over or under any water-course, street, course or'^wly.'^"' 
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 or repairing pipes or drains, and may do any other 
acts or things necessary and proper in executing the purposes 
of this act. 

Section 4. If said city enters upon and digs up, for the works outside 
purposes aforesaid, any road, street or way without its own bewith^oneen't 
limits, it shall do so under the direction of the selectmen of ^^ ^ ftree'tTre- 
the town in which said road, street or way is located, and stored. 
shall restore said 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 such 
pipes are laid, unsafe or unnecessarily inconvenient to the 
public travel thereon. Said city shall at all times indemnify citytoberespon 
and save harmless such town which is liable to keep in repair eluLd^f defect 
any road, street or way aforesaid, against all damages which i,°j^in[gnance^''Tf 
may be recovered against it, and shall reimburse to it all saidvrorks. 
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 



552 



1865. — Chapter 153. 



Proviso. 



City liable for 
private damages. 



Disagreement 
may be adjusted 
by assessment 
under law. 



City council to 
direct exercise 
of powers by 
officers. 



Council may issue 
scrip or bonds, 
as "Cambridge 
Water Loan," for 
$500,000, at 6 per 
cent, interest. 



May sell same at 
not less than par 
value. 



Water rents, 
council to estab- 
lish to pay inter- 
est and one per 
cent, of loan. 



Surplus to be 
sinking fund for 
final payment. 



Trustees of fund. 



any defect or want of repair in such pipes : provided^ that 
said city has notice of any claim or suit for such damage or 
injury, and an opportunity to assume the defence thereof. 

Section 5. Said city shall be liable to pay all damages 
sustained by any persons or corporations by the taking of 
any land or property, or by the constructing of any aque- 
ducts, reservoirs or other works, for the purposes aforesaid. 
If any person or corporation, sustaining damages as aforesaid, 
cannot agree with said city upon the amount of said dam- 
ages, he may have them assessed in the same manner as, is 
provided by law with respect to land taken for highways. 

Section 6. All the rights, powers and authority^ given to 
the city of Cambridge 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, 
direct and appoint. 

Section 7. For the purpose of defraying the cost of such 
franchises, property, lands, water and water rights as are 
purchased, taken or held for the purposes aforesaid, and of 
constructing the works necessary and proper for the accom- 
plishment of said purposes, and paying all expenses incident 
thereto, the city council shall have authority to issue scrip 
or bonds, to be denominated on the face thereof " Cambridge 
Water Loan," to an amount not exceeding in the whole five 
hundred thousand dollars, bearing interest not exceeding six 
per centum per annum, payable semi-annually, and the prin- 
cipal to be payable at periods not more than fifty years from 
the issuing of such scrip or bonds, respectively. Said city 
council may sell the same or any part thereof, from time to 
time, or pledge the same for money borrowed for the above 
purposes ; but the same shall not be sold or pledged for less 
than the par value thereof. Said scrip or bonds may be paid 
at the par value thereof, for the purchase of the property 
mentioned in section one of this act. 

Section 8. 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 there- 
for, for the payment of the interest and not less than one per 
centum of the principal of the " Cambridge Water Loan," and 
shall determine the manner of collecting the same. The net 
surplus income and receipts, after deducting all expenses 
and charges 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. The 
mayor, city treasurer and president of the common council 



1865.— Chapter 154. 553 

for the 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 9. The occupant of any tenement shall be liable Liability of occu- 
for the payment of the rent for the use of the water in such ?or°reut^!* °'"'" 
tenement, and the owner thereof shall be also liable, if, on 
being notified of such use, he does not object to the same. 

Section 10. If any person shall use any of the said Action for unau- 
water, either within or without said city, without the consent waTer*'^ "''^ °^ 
of the same, an action of tort may be maintained by said 
city for the recovery of the damages sustained. 

Section 11. Whoever wantonly or maliciously diverts Penalty for wan- 
the water, or any part thereof, taken or held by said city w^ter'oi"work*s° 
pursuant to the provisions of this act, or corrupts the same, 
or renders it impure, or destroys or injures any dam, aque- 
duct, pipe, conduit, hydrant or machinery, or other works 
or property held, owned or used by said city under the 
authority 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 afore- 
said, may also be punished by fine not exceeding three hun- 
dred dollars, or by imprisonment not exceeding one year, in 
the house of correction in said county of Middlesex. 

Section 12. This act shall take effect upon its passage. 

Approved April 25, 1865. 

An Act to regulate the compensation of certain officers QJinn "[-A. 

AND CLERKS. -t ' ^ 

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

Section 1. All officers who may have been, or who shall ooTemor to es- 
be appointed by the governor, by virtue of the provisions of H'i5^,\7%h!2i" 
sections fifteen and seventeen of chapter two hundred and limitations' d^-'*^ 
nineteen of the acts of the year eighteen hundred and sixty- fi'ie'i. 
one, shall receive such compensation as the governor may 
determine ; but the chief officers of the several military 

■ departments or agencies shall never receive in any year a 
greater compensation than is received in the same year by 
the adjutant-general ; nor shall any of the officers or first 
clerks employed in the offices of the surgeon-general, quar- 
termaster-general, chief of ordnance, or other military . 
department or agency, ever receive in any year a greater 
compensation than is received in the same year by the first 

• clerk in the office of the adjutant-general ; and the salaries 
of the other clerks and employees in the said military depart- 
ments or agencies shall correspond as far as practicable with 
the salaries of the other clerks and employees in the office of 



554 



1865.— Chapters 155, 156, 157. 



the acljutant-gencral: provided, that no clerk or employee, 
other than a first clerk, shall receive a greater compensation 
than is by law established for additional clerical assistance in 
the office of the secretary of the Commonwealth. 

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

Approved April 27, 1865. 



Plaintiff sum- 
moned as trus- 
tee of defend- 
ant upon de- 
mand in set off, 
§§ 18, 19, 20, 
cli. 142 G. S. 
to apply. 



Engrossment and 
deposit with sec- 
retary required. 



Chap. 155 An Act delating to trustee process ix case of an action 

PENDING. 

Be it enacted, Sj'c, as follows: 

If, during the pendency of an action, the plaintiff shall be 
summoned as trustee of the defendant, on account of any 
demand which shall be filed in set-off in such action, the first 
suit shall be subject to all the provisions of sections eighteen, 
nineteen and twenty of chapter one hundred and forty-two 
of the General Statutes, in the same manner and to the same 
effect, as if it wer*e an action brought by the defendant 
against the plaintiff upon said demand in set-off. 

Approved April 27, 1865. 

Chap. 156 An Act relating to the publication of amendments to the 
constitution of this commonwealth. 

Be it enacted, §t., as follows : 

Section 1. All amendments to the constitution of this 
Commonwealth which have been, or shall be originated and 
agreed to at the present or any future session of the general 
court in the manner prescribed in the constitution, shall be 
engrossed on parchment, signed by the presiding officers of 
the two branches, and deposited in the office of the secretary 
Secretary to pub- of thc Commonwcalth ; and the secretary shall cause the 
"^''' same to be published in the official publications of the acts, 

resolves and other official information intended for the pub- 
lic in the same manner as is now provided in sections one, 
three and four of chapter three of the General Statutes, for 
the matters therein referred to. 

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

Approved April 27, 1865. 

Chap. 157 An Act concerning the issue of passports and certificates of 
"' citizenship. 

Be it enacted, ^'c, as follows: 

Section 1. Every person receiving from the secretary of 
this Commonwealth, a passport or certificate of citizenship, 
shall pay therefor the sum of two dollars : provided, that a 
person deemed by said secretary entitled by reason of pov- 
erty to be exempt from the payment of such sum, shall 
receive such passport or certificate free from charge ; and 
provided, further, that such passport or certificate shall have 



Fee for issue. 



Proviso. 



1865.— Chapters 158, 159. 555 

appended to the same an oath or affirmation taken and sub- oath of loyaity 
scribed by the person named in such passport or certificate, ceruLd!^'"' ^"'^ 
that he will support the constitution of the United States, 
together with a certificate from said secretary, or some mag- 
istrate qualified to administer oaths, that such oath or affirm- 
ation has been so taken and subscribed before him. 

Section 2. The moneys received under the preceding Moneys to be paid 
section shall be included in the certificates of quarterly *'^''^5"''e'"- 
returns of fees made by the secretary to the treasurer and 
receiver-general. 

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

Approved April 27, 1865. 

An Act concerning the preservation of certain birds. Chan, 158 

Be it enacted, §'c., as follows : 

The eighty-second chapter of the General . Statutes is g. s. ch. 82, 
hereby amended by striking out in the second line of the '*'"'^"'^'^'^- 
first section thereof the word " September," and inserting 
in place thereof the word " October." 

Approved April 27, 1865. 



An Act to authorize the laying out and widening of a street 
from milk street to broad street, in the city of boston. 



Chap. 159 

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

Section 1. The mayor and aldermen of the city of Boston Mayor ana aider- 
are hereby authorized to widen and lay out, as a street, the line """^ auttionze'i- 
of street extending from Milk street to Broad street, in the 
said city, nearly parallel with Pearl street, and now known by 
the names of Oliver street, Washington square, and Belmont 
street, to take sufficient land for the same, to grade the 
same, and to assess the cost of such widening and grading, 
including damages for land and buildings taken for such 
widening, upon estates abutting upon said widened street, as 
hereinafter provided. But the determination so to widen Decision to act 
and lay out said street shall be made by the mayor and recor'de'd^ within 
aldermen, and recorded within one year from the passage of J"^^'"- 
this act. 

Section 2. The said street shall be made not less than wi.uh and grade 
fifty feet wide, and shall be so graded, that the rise or fall 
shall in no place exceed two feet and a half in one hundred 
feet of length. 

Section 3. In making the estimate of the cost aforesaid. Mayor and aider- 

n 1'iii 1 • • 1 1 • ii'ii Ki^° '° estimate 

lor wnicli the assessment herein provided is to be laid, the damages to per- 
mayor and aldermen shall estimate the damages sustained ^°^^' 
by any person or persons, by the taking of land for the said 
widening, including the value of the whole of the buildings 
on the land, and part of which shall be so taken, deducting 



556 



1865. — Chapter 159. 



Decision to be 
final. 



Estimation of 
Talue, basis. 



Payment of dam- 
ages defined. 



Property remain- 
ing to be cared 
for by owner or 
at his cost. 



Removal may be 
made at expense 
of owner. 



Assessment of 
expenditure for 
widening to be 
upon abutting 

estates. 



Shall constitute 
lien for one year, 
and may be levied 
by sale in three 
months after de- 
mand. 



Party aggrieved 
may have jury. 



therefrom, however, the vahie of the materials to be re- 
moved, and of the buildings, if any, which will remain 
standing ; but no person shall be entitled to claim further 
damages for the cutting off of such buildings, or injury to 
the same ; and, in estimating the value of the land cut off 
by the said widening, the land so cut off shall be estimated 
at its value before the widening, and such estimate shall not 
include the increased value occasioned merely by the widen- 
ing, laying out and grading of the said street. 

Section 4. The damages estimated according to the 
preceding section, shall be paid to the persons entitled 
thereto, in the same manner, and upon the same condi- 
tions, as is provided by law in other cases of land taken for 
widening streets in the county of Suffolk. 

Section 5. Buildings and materials remaining upon the 
land under the adjudication provided in section three, shall 
be taken care of by the owner thereof ; and if such owner, 
after due notice so to do, by said mayor and aldermen, 
neglects or fails to take sufficient care thereof, said 
mayor and aldermen may take such care of the same 
as the public safety demands, at the expense of the owner ; 
and if they shall adjudge a removal thereof to be necessary 
for the public security or necessity, they may remove the 
same at the expense of the owner, or they may sell the same 
after five days' notice, at public auction, and hold the net 
proceeds of such sale for the benefit of the owner. 

Section 6. The whole expense of the said widening, 
including the damages mentioned in the third section of this 
act, and the net expense of grading the whole widened 
street, after deducting the estimated net proceeds of the 
earth and gravel removed, shall be assessed upon all the 
estates abutting upon the said widened street, in proportion 
to their value, as they shall be appraised by the mayor and 
aldermen, when the improvements have been made. 

Section 7. All assessments made under this act shall 
constitute a lien on the real estate assessed, for one year 
after they are laid, and may, together with all incidental 
costs and expenses, be levied by sale thereof, if the assess- 
ment is not paid within three months after a written demand 
of payment, made either upon the person assessed, or upon 
any person then occupying the estate or posted upon the 
premises ; such sale to be conducted in like manner as sales 
for the non-payment of taxes. 

Section 8. Any party aggrieved by the doings of the 
mayor and aldermen under this act, shall have the like 
remedy by petition for a jury, and with the same limitations 



1865.— Chapters 160, 161. 557 

as to the time of bringing such petition, as in other cases of 
widening or altering streets in the county of Suffolk. And 
any person aggrieved by the estimate made by the mayor 
and aldermen under the tenth section of this act, may have 
the same assessed by a jury in the same manner as damages 
for the taking of land for highways may be assessed. 

Section 9. The city of Boston, at its own expense, shall sewer, sidewalks 
provide a suitable common sewer, and proper sidewalks, for to provide!^' "^^ 
the said street, pave the said street, as widened, and build 
the necessary bridges over it. 

Section 10. Any person owning any of the said estates Estate owner 
abutting on the said line of streets mentioned in the first ^ropert^to cTty. 
section, at any time before the estimation of the damages, 
according to the third section of this act, may, instead of the 
provisions in section third, elect to surrender all of the said 
estate to the city of Boston. The mayor and aldermen of Mayor and aider- 
the said city shall thereupon estimate the value of the whole va^e.^owne^^o 
of the said abutting estate, with the buildings thereon, and topa^. ^'"^ "*^ 
the said owner shall convey the same to the said city, and 
the said city shall pay him therefor the value so estimated. 
And the said city shall sell at public auction all the building Property not 
materials and buildings, and the remaining portion of said "oTd^ ^^^ ^^ 
estate not used in said widening and grading, and the net 
proceeds thereof shall be applied towards the expenses of 
said widening and grading. And the estimated value of sum paid by city 
said estate, so paid by said city, shall be assessed upon the upon\buTter^s^ 
abutters, as provided in the sixth section of this act, instead 
of the damages estimated according to the said third section. 

Section 11. This act shall take effect upon its passage. 

Approved April 27, 1865. 
An Act repealing certain provisions respecting alien pas- Chan. 160 

SENGERS. ■* ' 

Be it enacted, §-c., as follows: 

Section 1. The sixteenth, seventeenth and eighteenth g.s^§§i6,i7,i8, 
sections of the seventy-first chapter of the General Statutes '^^' ' ' '^^p'^^'®'^- 
are hereby repealed. 

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

Approved April 27, 1865. 

An Act relating to the discharge of persons committed Q/iar). 161 
under the provisions of the laws for the maintenance ' * 

of bastard children. 
Be it enacted, §'e., as follows : 

Whenever the party accused is committed, under the pro- Failure of entry, 
visions of section four of chapter seventy-two of the General authoHze^'^aring 
Statutes, and the complaint is not entered at the term of the *'*'* ^^^'^^^''^^ 
superior court at which he was required to appear, he may 

23 



558 1865.— Chapters 162, 163. 

make application to said court, setting forth the facts and 
asking to be discharged ; and if it shall appear, after such 
notice as the court may require, that there is no ground to 
hold him to answer further to the prosecution, the court 
shall order him to bo discharged. Approved April 27, 1865. 

Chap. 162 An Act concerning the admission of sick persons to the 

STATE almshouses. 

Be il enacted^ ^c, as folloivs : 

Cities and ^towns SECTION 1. No citj Or towu authorities shall be allowed 
contagion, or too to scud to cithcr of tlic statc almshouses any person infected 
sit/^and^^noTify witli smallpox Or otlicr disease dangerous to the public 
board state ciiari- j^ealth, uor any other sick person whose health would be 
endangered by removal ; but all such persons liable to be 
maintained by the Commonwealth shall be supported 
during such sickness by the city or town in which they are 
taken sick, and notice of such sickness shall be given to the 
board of state charities, who shall have authority to examine 
the case, and order the removal of the patient if they deem 
expedient. 
Expense approv'd SECTION 2. The expcnsc iucurrcd by any city or town 
tobereijnbur°ed. uiidcr tlic provisious of the first scctiou of this act, after 
notice shall have been given as therein required, and the 
bills for said support having been approved by the agent of 
the board of state charities, shall be reimbursed by the Com- 
monwealth to an amount not exceeding at the rate of the 
average weekly cost of the support of similar patients at the 
Rainsford Island Hospital. 
Penalty for viola- SECTION 3. Any mayor Or oversccr of the poor who shall 
tion.° "^^ ^'^''" knowingly oifend against the provisions of the first section of 
this act, shall be subject to a penalty of not less than fifty 
nor more than one hundred dollars. 

Approved April 27, 1865. 

Chap. 163 An Act relating to the circulation of banks becoming 

BANKING ASSOCIATIONS UNDER THE LAWS OF THE UNITED STATES, 
AND FOR OTHER PURPOSES. 

Be it enacted, Sfc, as follows : 
Bank absolved SECTION 1. Any bank established by authority of this 
exI^ing^issuT'al Commouwcalth which has hitherto or shall become hereafter 
ter three years. ^^ banking associatiou under the laws of the United States, 
pursuant to the provisions of chapter two hundred and forty- 
four of the acts of the year eighteen hundred and sixty-three, 
shall be absolved from all liability to redeem its circulating 
notes issued while a state bank, at the expiration of three 
years from the time when it ceased to issue or pay out such 
notes ; such time to be ascertained and certified by the bank 



1865.— Chapter 163. 559 

commissioners, or, if no such board shall exist, by the secre- 
tary of tlie Commonwealth : provided, such bank shall, Provisos: notice 

.,. „ iTi L- r \ • IT L- to be published of 

withni two years Irom the date so certined, give public notice limitation of ua- 
of the time of the limitation of its liability to redeem said yearr'""'" '''° 
notes, by publishing a copy of the certificate of the bank 
commissioners, or of the secretary of the Commonwealth, as 
the case may be, in such daily newspaper printed in the city 
of Boston as the secretary shall approve, for the period of 
thirty days ; and if such bank shall be located out of the 
city of Boston, similar notice shall likewise be published 
weekly, for one month, in some newspaper published in the 
city or town where such bank is located ; or if there be none 
published therein, then in a newspaper published in some 
other city or town nearest thereto, within the same county ; 
and provided, further, that similar notices shall again be similar notice to 
published, under like authority, daily, for the period of months before ex- 
thirty days, and once a week for the period of three months, ^"'''^''"'^ ° 
next succeeding said thirty days ; and if such bank shall be 
located out of the city of Boston, the same notice shall be 
published once a week for three months successively, in some 
newspaper published in the city or town where such bank is 
located, or if there be none published therein, then in a 
newspaper published in the city or town nearest thereto, 
within the same county, the latest of all the last-named pub- 
lications to be at least three months before the expiration of 
such period of limitation. 

Section 2. The bank commissioners, or if no such board Annual reporter 
shall exist, the secretary of the Commonwealth, shall annu- le^lS^?"^ *° 
ally, in the month of January, report to the legislature, a list 
of all the banks included in the provisions of this act, 
together with the outstanding circulation of each on the first 
day of January, current, and also the time after which the 
redemption of such circulation will be barred. 

Section 3. Banks established by the authority of this Quarterly re- 
Commonwealth, which become banking associations under tarycommon- 
the laws of the United States, shall, on the first Mondays of ^^ul.n''/''' ^"''"" 
January, April, July and October, of each year, make returns 
to the secretary of the Commonwealth for publication, of 
their outstanding circulation on the first days of said months, 
respectively, so long as the same is required to be redeemed. 

Section 4. Stockholders in any bank at the time of the stockholders na- 
surrender of its charter for the purpose of becoming a bank- uon,*^°'a3"thea 
ing association under the laws of the United States, shall be charW expires, 
liable in their individual capacities for the payment and 
redemption of all bills issued by such bank while a state 
bank, and remaining unpaid, in the same manner, to the 



560 



1865.— Chapters 164, 165. 



Securities with 
auditor; condi- 
tions of witli- 
drawal. 



Deposit. 



Repeal. 



Ceasing issue to 
relieve from tax 
on circulation. 



same extent and witli the same rights of contribution, as in 
cases where the charter expires. 

Section 5. Nothing in this act shall authorize any bank 
organized under the general laws to withdraw its securities 
from the hands of the state auditor otherwise than in accord- 
ance with the provisions of section one hundred and twenty- 
nine of chapter fifty-seven of the General Statutes, but the 
deposit therein required to be made, may be made in the 
bank which shall be established under the laws of the United 
States, in place of such state bank. 

Section 6. All acts and parts of acts inconsistent herewith 
are hereby repealed. 

Section 7. Any bank established by authority of this 
state, when it shall cease to issue its own bills for circulation, 
shall thereafter be exempted from the payment of the tax 
imposed by the eighty-ninth section of the fifty-seventh 
chapter of the General Statutes. 

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

Approved April 27, 1865. 
Chap. 164 An Act in kelation to the trustees of the marblehead 

ACADEMY. 

Be it enacted, Sfc, as follows : 

Section 1. Tlie trustees of the Marblehead Academy 
may permit the town of Marblehead to use their academy 
building for a high school, and may devote the income of the 
funds under their control to the support of said school. 

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

Approved April 27, 1865. 

Chap. 165 An Act to incorporate the everett hall association. 

Be it enacted, §'c., as follows: 

Corporators. SECTION 1. Ebcu Deutou, Calcb C. Allen, Henry Endi- 

cott, their associates and successors are hereby made a cor- 
poration by the name of the Everett Hall Association, in 

Location. Cambridge, for the purpose of providing and maintaining a 

Purpose. building in that part of Cambridge called Cambridgeport, 

with rooms suitable for halls, public lectures, stores and 

Powers. offices ; 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. 

Estate. Section 2. Said corporation may hold real estate for the 

purpose aforesaid, to an amount not exceeding sixty thou- 

capitai. sand dollars, and the capital stock of said corporation shall 

Shares. Hot cxcced sixty thousand dollars, and shall Ije divided into 

shares of one hundred dollars each. 

Section 3. This act shall take ef!ect upon its passage. 

Approved April 27, 1865. 



May permit town 
to use income 
and building for 
high school. 



1865.— Chapters 166, 167. 561 

An Act to incorporate the springfield home for friendless Chap. 166 

WOMEN AND CHILDREN. "' 

Be it enacted, §'c., as follows: 

Section 1. Rachel C. Merriam, Charlotte Barnes, Carolhie corporators. 
L. Rice, their associates and successors, are hereby made a 
corporation by the name of the Springfield Home for Friend- 
less Women and Children, for the purpose of providing a purpose, 
temporary home for destitute and friendless women and 
children ; with all the powers and privileges, and subject to Powers, 
all the duties, liabilities and restrictions set forth in all gen- 
eral laws that now are, or may hereafter be in force and 
applicable to such corporations. 

Section 2. Said corporation' may hold, for the purpose Estate. 
aforesaid, real and personal estate to the amount of twenty 
thousand dollars. 

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

Approved April 27, 1865. 
An Act to incorporate the trustees of the theological Chap. 167 

SEMINARY OF THE METHODIST EPISCOPAL CHURCH. -^ 

Be it enacted, ifc, as follows: 

Section 1. Lee Claflin, Isaac Rich, Jacob Sleeper, their corporators, 
associates and successors, are hereby made a corporation by 
the name of the Trustees of the Theological Seminary of the 
Methodist Episcopal Church, with power and authority to Powers, 
establish and maintain, at some place in or near the city of Location. 
Boston, an institution for the promotion of learning and Purpose, 
piety, by the instruction of young men in biblical science 
and literature, and aiding them in preparing to become 
useful preachers of the gospel ; and the said corporation 
shall have ,all the powers and privileges, and be subject to all Powers, 
the duties, liabilities and restrictions set forth in chapter 
sixty-eight of the General Statutes, and in all general laws 
which now are or may hereafter be in force, applicable to 
such corporations. 

Section 2. Said corporation may take and hold in fee May receive and 
simple, or any less estate, by gift, grant, bequest, devise or reaf o^r%e?sonai 
otherwise, any lands, tenements or other estates, real or per- ^^'*'^- 
sonal, to an amount not exceeding five hundred thousand 
dollars, and administer the same to promote the objects of 
said institution, conforming to the will of any donor or 
donors, in the application of any estate given, devised 
or bequeathed to said corporation. 

Section 3. The first meeting of said corporation sliall be First meeting of 
called by notice designating the time and place of said meet- notified"""' '"'"' 
ing, signed by the corporators named in this act, and pub- 
lished in the newspaper called Zion's Herald, two weeks 



562 



1865.— Chapter 168. 



Duties of tru3 
tees. 



next preceding the time of said meeting ; at which meeting 
the trustees shall fix the location of said institution, and 
establish all necessary rules concerning the number, qualifi- 
cations, election, removal, tenure and succession of members 
Powers of reria- of tlic corporatiou ; but tlic corporatiou shall have the power, 
... ^^ ^^^ times, to make, amend, alter or annul all such other 
rules and regulations, not repugnant to the laws of the 
Commonwealth, as they may deem proper for the govern- 
ment of the corporation. 

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

Approved April 27, 1865. 



ion by corpora- 
tion, 



Chap. 168 An Act to ixcorporate the iiolyoke and south hadley falls 

BRIDGE COMPANY. 

Be it enacted, ^c, as follows : 

Section 1. Alonzo Bardwell, S. S. Chase, Stephen Hol- 
man, their associates and successors, are hereby made a 
corporation by the name of the Holyoke and South Hadley 
Falls Bridge 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 may hereafter be 
in force, relative to such corporations. 

Section 2. The said corporation is hereljy authorized 
and empowered to erect a bridge over Connecticut river, 
between the towns of Holyoke and South Hadley, and 
between Chapin's brick store on the north side, and the west 
line of Bridge Street, as laid out by the Hadley Falls Com- 
pany, on the south side of the river, and the swing ferry, 
and to purchase and hold such real and personal estate as 
may be proper for that purpose, not exceeding in value the 
sum of one hundred thousand dollars ; and the capital stock 
of said company shall be divided into shares of one hundred 
dollars each. Said bridge shall be well built, of suitable 
materials, at least twenty-six feet wide, and floored with 
planks, with sufficient railings on each side, and shall be 
kept in good repair at all times. 

Section 3. A toll is hereby granted to said corporation and 
established at the following rates, namely : For each foot 
passenger, one cent ; for each horse and rider, five cents ; for 
each gig, sulky, buggy, wagon or sleigh without top, drawn 
by one horse, ten cents ; for each chaise, cab, carryall, cov- 
ered buggy or sleigh, drawn by one horse, fifteen cents ; for 
each coach, chariot, phaston or covered sleigh, drawn by two 
horses, twenty-five cents ; and for each additional horse, four 
cents ; for each cart, wagon, sled, sleigh, or other carriage 
of burden, drawn by one beast, ten cents ; if drawn by two 



Corporators. 



Powers. 



May erect bridge 
over Connecticut 
river. 



May purchase 
estate. 



Capital stock. 



Construction and 
maintenance of 
bridge. 



Tolls granted and 
rates defined. 



1865.— Chapter 168. 563 

beasts, fifteen cents ; and for each additional beast, four 
cents ; for eacli horse without a rider, four cents ; for neat 
cattle, asses and mules, three cents each ; for sheep and 
swine, one cent each : and one person and no more to each 
team shall pass free of toll. 

Section 4. Tlie said tolls shall commence on the day of shaii continue 
the opening of said bridge for public use, and continue for be'VaTuTy a°d^ 
the term of fifty years ; and at the place of receiving said '^ertised. 
tolls, there shall be constantly exposed to view a sign-board, 
with the said rates of toll fairly and legibly printed thereon : 
provided, that if at any time after the building of said bridge, Proviso: coun- 
the counties of Hampshire and Hampden, the towns of Hoi- named may °* 
yoke and South Hadlcy, or any or either of them, shall pay P"'^<=ii'*se. 
to the said company sucli sum of money as will reimburse to 
each person who may then be a stockholder therein the par 
value of his stock, together with a net profit of eight per 
centum per annum from the time of the issue of his stock, 
deducting the dividends received by such stockholder therein, 
then the said bridge shall be surrendered to the counties of 
Hampshire and Hampden, or to the towns of Holyoke and 
South Hadley, as the case may be, to be forever after main- 
tained a free bridge. 

Section 5. The said corporation may, if it see cause, commutation of 

. .T , {' , ^1 • ,^ 1 toll for terms of 

commute said rates oi toil with any person or persons, by time to be advei- 
taking a certain less sum payable at any stated periods, *'^'^'^" 
instead of the toll aforesaid, or by taking of all persons less 
rates of toll than are above specified, public notice of their 
intention so to do being first published three weeks succes- 
sively in some newspaper published in the county of Hamp- 
shire or Hampden. 

Section G, The said corporation, at the time of opening Report to secre- 
said bridge, or as soon as may be thereafter, shall cause a we7it°h. ^°"°''"'' 
true account of the expenses of building the same, and also 
at the end of every three years thereafter a true account of 
all receipts and disbursements on account of the same, to be 
returned into the office of the secretary of the Commonwealth. 

Section 7. The legislature may at any time hereafter Legislature may 
regulate the tolls on said bridge as it may deem expedient, '^'^^^^^ '°'^^' 
upon reasonable notice to said corporation. 

Section 8. If said corporation shall neglect, for the space Limitation of 
of five years from the passage of this act, to build and finish stmct^on.""''" 
the said bridge, then this act shall be of no effect. 

Section 9. This act shall take effect upon its passage. 

Approved April 27, 1865. 



564 



1865.— Chapters 169, 170, 171. 



Chap 



.169 -A-N Act to incorporate the williamstown manufacturing 

COMPANY. 



Corporators. 



Purpose. 



Powers. 



Estate. 

Capital stock. 

Shares. 
ProTiso. 



Be it enacted, Sfc, as follows : 

Section 1. Harvey Arnold, Oliver Arnold, Stephen Wal- 
ley, their associates and successors, are hereby made a cor- 
poration by the name of the Williamstown Manufacturing 
Company, for the manufacture of woollen or cotton cloths, 
in the town of Williamstown, in the county of Berkshire ; 
with all the powers and privileges, and subject to all the 
duties, restrictions and liabilities set forth in all general 
laws which now are, or may hereafter be in force relating to 
manufacturing corporations. 

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

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

Approved April 27, 1865. 

Chap. 170 An Act concerning the agricultural branch railroad. 

Be it enacted, Sfc, as follows : 

Section 1. The Agricultural Branch Railroad Company 
is hereby authorized to construct its track across the track 
of the Worcester and Nashua Railroad Company, in the town 
of Clinton, and over Main and Water streets in said town at 
grade : provided, hoivever, that if said company shall build 
its track across said Water street at grade, it shall erect and 
maintain across said street, on the easterly side of said 
railroad track a gate, and cause the same to be closed while 
trains are passing said street. 

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

Approved April 27, 1865. 



May construct 
certain track in 
Clinton. 



PrOTiso. 



Chap 



. 171 -^^ -^^^ concerning the boston, HARTFORD AND ERIE RAILROAD 

COMPANY. 



Time to locate 



Be it enacted, ^c, as follows : 

The time for locating and constructing the road of the 
ex en e o ay g^gj-^j^^ Hartford aiid Erie Railroad Company, is hereby 
extended to the first day of May, in the year eighteen hun- 
dred and sixty-eight. Approved April 27, 1865. 



1865.— Chapters 172, 173. 565 

An Act to incorporate the Salisbury beach plank road Chap. 172 

COMPANY. 

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

Section 1. Georgo Currier, Moses Eaton, junior, Streeter corporators. 
Evans, their associates and successors, are hereby made a 
corporation under the name of tlie Salisbury Beach Plank 
Road Company, for the purpose of purchasing land and con- 
structing and maintaining a plank road from a point near Location. 
the house of Silas Pike, in the town of Salisbury, to the sea- 
shore in said town. 

Section 2. The said corporation may use, for the con- corporation may 
struction of the said road, any highway or town way in the Ta'san^bury, but 
town of Salisbury without making compensation therefor, ^"^'^o'^' to"- 
but without the right to take toll on any portion of said 
plank road, built on any part of any highway or town way 
in said Salisbury : provided, that the county commissioners Proviso: county 

V. -r-1 T 1 ^ I n • 1 1 111 commissioners to 

of the county of Essex, and the selectmen oi said town sliall consent. 
consent in writing thereto ; a copy of which consent shall be 
filed with the clerk of the courts in said county. 

Section 3. The construction of the said road shall be commissioners 

• • i? J.1 *° approve con- 

subject to the approval of the county commissioners oi the struction. 
county of Essex ; and whenever the same or any part of said 
road shall be completed, the said commissioners may author- 
ize the erection of gates and the taking of toll. 

Section 4. The capital stock of said corporation shall not capital stock. 
exceed twenty-five thousand dollars, and shall be divided 
into shares of twenty-five dollars each ; and no shares in said shares. 
capital stock shall be issued for a less sum to be actually 
paid in on each share, than the par value thereof. 

Section 5. Said corporation is hereby chartered for the t^™ of ^barter 
term of twenty-five years from the passage of this act, and no 
more, during which time it shall be subject to all general 
laws which now are or shall hereafter be in force and appli- 
cable to turnpike corporations. 

. Section 6. The by-laws of said corporation, the rates of By-iaw3,toirs and 
toll to be taken upon said road, and the places for the erec- proved by county 
tion of toll gates, shall be subject to the approval of the ^^'^^^''^'"^'''■ 
county commissioners of the county of Essex. 

Approved April 27, 1865. 

An Act in relation to the board of overseers of harvard Chap. 173 

COLLEGE. 

Be it enacted, &jC., as follows : 

Section 1. The places of the successive classes in the Elections to be 

1 T o r> TT T /-I It 1 ,^ .on commencem t 

board ot overseers or Harvard College, and the vacancies day and of hon- 
in such classes shall hereafter be annually supplied by ballot "'""'^ graduates. 

24 



566 , 1865.— Chapter 173. 

of such persons as have received from the college a degree of 
bachelor of arts, or master of arts, or any honorary degree, 
voting on commencement day in the city of Cambridge ; 
such election to be first held in the year eighteen hundred 

Provisos. and sixty-six : provided, however, that no member of the 

corporation, and no officer of government or instruction in 
said college shall be eligible as an overseer, or entitled to 
vote in the election of overseers; and provided, further, that 
no person who has received from said college the degree of 
bachelor of arts shall be entitled to vote for overseers before 
the fifth annual election after the graduation of his class. 

Board to appoint SECTION 2. The board of overseers shall annually appoint 

inspectors of polls .., -, , •,,• ^pn 

one prnicipal and two or more assistant-inspectors oi polls, 
who shall, on commencement day, from the hour of ten in 
the forenoon to the hour of four in the afternoon, at some 
place in said city of Cambridge, fixed by said board, receive 
the votes for overseers ; and they shall sort and count such 
votes, and make public declaration thereof, after the closing 

List of electors, of the polls ; and said inspectors shall be provided with a 
complete list of the persons qualified to vote at such election, 
and no person shall vote until the inspectors find and check 

Record of inspec- his name upon such list. The names of the persons voted 
for, the number of votes received for each person, and the 
vacancy or place in said board for which he is proposed, 
shall be entered in words at length, by said inspectors, upon 
a record kept by them for that purpose, which shall, after 
such election, be forthwith made up, signed, and delivered 

Plurality to elect, by them to the board of overseers. The persons who shall 
receive the highest number of votes for the places or vacan- 
cies in said board shall, to the number of overseers to be 
elected, be deemed and shall be declared by said board 
elected to be members thereof. 

Board to notify of SECTION 3, Tho board of overseers shall give notice of the 

election by pub- , _, ,, . i.ii 

lisiiment. placc 01 thc polls, tlio hours dunng which they are open, 

and the number of overseers to be elected, by publishing the 
same at least ten days before commencement day in some 
newspaper printed in the city of Boston. 

Official terms of SECTION 4. The tcmis of officc of the existing classes of 

classes defined. ,tt,,ii c ^t o 

overseers are extended to the close oi commencement day oi 
the year in which such terms severally expire ; the terms of 
Succession of officc of the classcs hereafter elected shall successively expire 
at the close of commencement day each year in their order ; 
and the persons elected overseers on any commencement 
day, shall supply tlie places of the class of overseers which 
goes out of office at the close of that day, and the vacancies 
then existing in said board. 



CTerseers. 



1865.— Chapters 174, 175. 567 

Section 5. Whenever there shall be a failure on com- Election failing, 

- , , • • J.1 overseers may fill 

menccment day to supply any places or vacancies ni the vacancies. 
board of overseers, the same may be filled by vote of the 
remaining overseers ; and any person elected to fill a 
vacancy shall be deemed to be a member of and to go out of 
office with the class to which his predecessor belonged. 

Section 6. The governor, lieutenant-governor, president state officers not 
of the senate, speaker of the house of representatives, and members, 
secretary of the board of education, shall not be ex officio 
members of the board of overseers of Harvard College after 
this act shall be in force. 

Section 7. This act shall be in force when the board of a«* *«> ''^ in force 

,, ., TP11 />TT i/-^n wtien accepted. 

overseers and the president and lellows ot Harvard UoUege 
respectively, at meetings held for that purpose, shall by vote 
have assented to the same. 

Section 8. This act shall not be construed as in the ^^^[g ^is,/tX^'®'* 
nature of a contract or a charter, but may at any time be 
repealed at the pleasure of the legislature. 

Approved April 28, 1865. 

An Act to authorize the iiolyoke mutual fire insurance (JJiap, 174 

COMPANY of SALEM TO PURCHASE AND HOLD REAL ESTATE. 

Be it enacted, Sfc, as folloit's : 

Section 1. The Holyoke Mutual Fire Insurance Company May iioia tiiirty 
in the city of Salem, is hereby authorized to purchase and 
hold real estate in said city, to an amount not exceeding 
thirty thousand dollars : provided, that no part of said Proviso. 
amount shall be invested in real estate except in the pur- 
chase of a suitable site, and the erection or preparation of a 
suitable building to be used wholly, or in part, for the pur- 
poses of said company ; and all income, if any, arising from income to be used 
such real estate shall be devoted exclusively to the interests °'" •^^'^P'^^y- 
of said company. 

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

Approved April 29, 1865. 

An Act concerning railroad corporations. Chap. 175 

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

Section 1. No railroad corporation shall abandon any Depot used five 

... , ,,.1^. ., i-,i./-i years not to be 

passenger station or depot which is on its road in this Com- disused by corpo- 
monwealth, and owned by said corporation, and which has '''^''''"" 
now been or shall hereafter have been established for five 
years, except by the consent of the legislature ; and the 
accommodation furnished by the stopping of trains at such 
stations shall not be substantially diminished, as compared 
with that furnished at other stations on the same road : 
provided, that any such corporation now existing shall not Proviso. 



568 1865.— Chapters 176, 177. 

be required to furnish any greater accommodation at said 
stations than before the passage of this act. 
Transient station SECTION 2. Auv such Corporation having established a 

may be aban- -, , n -i • , n i 1,11 i 

doned. depot lor use during a part oi each year only, shall not by 

this act be prohibited from discontinuing the use of the 
same. 

Upon informa- SECTION 3. lu casc of any vioktiou of the provisions of 

won ot Tiolation ,. • ^ m ^ ^ -1 /•! i 

attorney -general this act, it shall DC the duty 01 the attorney-general, at the 

may enjoin. relatioii of any ten legal voters of the town or city in which 

said station is located, to proceed in equity by information 

to enjoin said corporation from further violation of said 

provisions. 

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

Approved April 29, 1865. 
Chap. 176 -^N Act concerning the pittsfield and new haven railroad 

COMPANY. 

Be it enacted, §'c., as follows : 

w^ai estab- Section 1. Tlie capital stock of the Pittsfield and New 
Haven Railroad Company shall be five hundred thousand 
dollars, to be divided into shares of one hundred dollars 
each. 
Act of '64 re- SECTION 2. Thc fourth section of the one hundred and 
^^'^ " ' thirty-second chapter of the acts of the year one thousand 

eight hundred and sixty-four is hereby repealed. 

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

Approved April 29, 1865. 

chap. 177 -^^ -^*^^ ^'-'^ supplying the town of fitchburg with pure 

avater. 

Be it enacted, ^'c, as folloios: 

Corporators. SECTION 1. Alvah Crockcr, Charles Burleigh, James B. 

Lane, their associates and successors, are hereby made a cor- 
Titie. poration under the name of the Pearl Hill Water Company, 

Purpose. for tlic purposc of furnishing the inhabitants of the town of 

dutief ^°*^ Fitchburg with pure water ; with all the powers and privi- 
leges, and subject to all the duties, restrictions and liabilities 
set forth in all general laws which are or may be hereafter 
in force, so far as the same are applicable to this corporation. 
Corporation may SECTION 2. Said corporatiou, for the purpose aforesaid, 

take and convey j.iiit t •/ iii -i 

certain waters for may takc, liold aud coiivcy to, into and through said town, 
purpose. ^j^g waters of Pearl Hill Brook, so called, in the town of 

Fitchburg, and the waters which flow into and from the same, 
May take certain and may take and hold by purchase or otherwise, such land 
on and around the margin of said brook, 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 aud 



1865.— Chapter 177. 569 

maintaining dams and reservoirs, and for laying and main- 
taining conduits, pipes, drains and other works, for collect- 
ing, conducting and distributing said waters through said 
town. The said corporation shall, within sixty days from Description of 
the time of taking any land as aforesaid, file in the registry regll'try of^de^ds! 
of deeds for the county of Worcester, a description of the 
land so taken, sufficiently accurate for identification, and 
state the purpose for which it is taken. 

Section 3. The said corporation may build aqueducts, May buiid aque- 
and maintain the same, by any works suitable therefor, may re^erTolra anT^' 
erect and maintain dams, may make reservoirs and hydrants, ^^J^'ira.nts. 
and may distribute the water throughout said town, by lay- Lay pipes and 
ing down pipes and may establish the rent therefor, gr^^^j establish rents, 
corporation may also, for the purposes aforesaid, carry its Manner of laying 

• 1 J • 1 , , . pipes and drains. 

pipes and drains 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 any road, 
under the direction of the selectmen of the town of Fitch- 
burg, in such manner as to cause the least hindrance to the 
travel thereon. 

Section 4. The said corporation shall be liable to pay all {jifs''fo|.^d^ma"' 
damages that shall be sustained by any persons in their sustained. 
property by the taking of any land, water or water rights, or 
by the constructing of any aqueducts, reservoirs or other 
works for the purposes aforesaid. If any person who shall ^von disagree- 

, • -• r. • ^ , -ii • ^ ment, damages 

sustain damage as aioresaid, cannot agree with said corpora- may be assessed 
tion upon the amount of said damages, he may have them ^""^^ ^^^' 
assessed in the same manner as is provided by law, with 
respect to land taken for highways ; and all damages for the 
taking of lands for the purposes aforesaid shall be paid by 
said corporation before entering upon such lands. 

Section 5. No application shall be made to the county Assessment of 

n J.1 j./»i j^iiii- damages for water 

commissioners tor the assessment oi damages tor the taking rights, when to 
of any water rights until the water is actually withdrawn or ^^ '"*'^®" 
diverted by said corporation. Any person whose water-rights 
are thus taken or affected may apply as aforesaid, at any 
time within one year from the time when the water is first 
actually withdrawn or diverted. 

Section 6. The said corj^oration may hold for the pur- corporation may 
poses aforesaid, real estate to the amount of fifty thousand 
dollars; and its whole capital stock shall not exceed two capital stock, 
hundred thousand dollars, which shall be divided into shares 
of one hundred dollars each. 

Section 7. Any person who shall maliciously divert the Penalty for diver- 

. ,,1 f./.,i i-iini sion and corrup- 

water, or any part thereof, of the sources which sliall be uon of water or 
taken by the said corporation pursuant to the provisions of '"-""^ '° '^°''^^' 



570 



1865.— Chapter 177. 



ritchljurg may 
purchase pro- 
perty of com- 
pany within oue 
year. 



Upon disagree- 
nient as to price 
S. J. Court may 
appoint commis- 
sioners to award. 



Town may issue 
" water scrip " to 
defray cost of 
purcliase. 



Amount. 
Interest. 



Principal, when 
payable. 

May sell or pledge 
scrip for money 
borrowed. 



May appropriate 
and assess for 
payment of prin- 
cipal and interest. 



Powers and du- 
ties of town in 
.^ase of purchase. 



this act, or who shall maliciously corrupt the same or ren- 
der it impure, or who shall maliciously destroy or injure any 
dam or reservoir, aqueduct, pipe or hydrant, or other prop- 
erty, held, owned or used by the said corporation, for the 
purposes of this act, shall pay three times the amount of 
actual damages, to the said company, to be recovered in an 
action of tort ; 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 exceed- 
ing six months. 

Section 8. The town of Fitchburg may, at any time 
within one year from the passage of this act, purchase the 
corporate propisrty, and all the rights and privileges of said 
corporation, at such price as may be agreed upon between 
the parties ; and in case the said town shall by vote deter- 
mine to purchase said property, rights and privileges, and 
the parties cannot agree upon the price to be paid therefor, 
the supreme judicial court may, upon application of either 
party, and notice to the other, appoint three commissioners 
who shall determine the price which the said town shall be 
required to pay for the same, and their award, when accepted 
by said court shall be final. 

Section 9. For the purpose of defraying the cost of such 
property, lands, water and water rights, as shall be pur- 
chased for the purposes aforesaid, the town of Fitchburg, 
through its treasurer, shall have authority to issue, from 
time to time, notes, scrip or certificates of debt, to be denom- 
inated on the face thereof " Fitchburg Water Scrip," to an 
amount not exceeding two hundred thousand dollars, bearing 
interest at a rate not exceeding six per cent, per annum, 
which interest shall be payable semi-annually, and the prin- 
cipal shall be payable at periods not more than twenty years 
from the issuing of the said scrip, notes or certificates 
respectively. Said treasurer, under the authority of said 
town, may sell the same, or any part thereof, from time to 
time, or pledge the same for money borrowed for the pur- 
poses aforesaid, on such terms and conditions as he may 
deem proper. Said town is further authorized to make 
appropriations, and assess, from time to time, such amounts, 
not exceeding in one year the sum of ten thousand dollars, 
towards paying the principal of the money so borrowed, and 
also a sum sufticient to pay the interest thereof, in the same 
manner as money is assessed and appropriated for other 
town purposes. 

Section 10. In case the town of Fitchburg shall purchase 
the property, rights and privileges of the corporation estab- 



1865.— Chapters 178, 179. 571 

lished by tliis act, said town shall exercise all the rights, 
powers and authority, and be subject to all the restrictions, 
duties and liabilities herein contained, in such manner, and 
by such officers, servants and agents, as the selectmen shall 
from time to time, ordain, appoint and direct. And Liability for 
said town shall be liable to pay all damages occasioned by ^'''^''^*'^- 
the diversion of any water, or the obstruction of any stream, 
or the flowing of any lands, for the purposes of said aque- 
duct, which shall not have been previously paid by said 
corporation. 

Section 11. This act shall take effect upon its passage. 

App7-oved April 29, 1865. 
An Act to confirm the election of town officers and other (Jhnn 1 78 

DOINGS of the town OF MELROSE. ^ ' 

Be it enacted, §'c., as folloivs : 

Section 1. The election of town officers, and the several Election and 
votes passed at the annual meeting of the inhabitants of the ^eskgauze"*^"^ 
town of Melrose, holden on Monday, the twenty-seventh day 
of March, in the year one thousand eight hundred and sixty- 
five, are hereby ratified, confirmed and made valid, to the 
same extent as if said meeting had been legally called. 

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

Approved April 29, 1865. 

An Act allowing certain amendments in the forms of civil Chaj). 179 

ACTIONS. ■^' 

Be it enacted, §'c., as follows : 

Section 1. The superior court and the supreme judicial courts may 
court may, in their discretion, and upon such terms as they uw°1o ^"quity' 
may deem just, allow amendments changing a suit at law '^^'^ ''^^^rse. 
into a proceeding in equity, or a proceeding in equity into a 
suit at law, if the same be necessary to enable the plaintiff to 
sustain the action for the cause for which it was intended to 
be brought. 

Section 2. If any proceeding in equity shall be so s. j. court to 
changed by amendment into a suit at law, the supreme tion*! ^""^'^'°' 
judicial court shall nevertheless retain jurisdiction thereof, 
whether or not it be a case of which they would have had 
original jurisdiction. If any suit at law shall be changed 
into a proceeding in equity, the same shall forthwith be 
removed by the plaintiff to the supreme judicial court. 

Section 3. The supreme judicial court may, in case of May make neces- 
such change, make any necessary orders as to further ^'''^^ °"^'^*''^' 
service, the joinder of new parties, or the pleadings. 

Approved April 29, 1865. 



572 



1865.— Chapters 180, Ibl. 



Chap. 180 Ax Act to repeal chapter two hundred and ninety-two of 

THE ACTS OF EIGHTEEN HUNDRED AND SIXTY-FOUR, RELATING TO 
THE PAYMENT OF BOUNTIES, AND FOR OTHER PURPOSES. 

Be it enacted, §'c., as follows : 

Section 1. Chapter two hundred and ninety-two of the 
acts of the year eighteen hundred and sixty-four, entitled 
"An Act in further addition to an Act to provide for the 
Payment of Bounties to Volunteers, and for other purposes," 
is hereby repealed. 

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

Approved April 29, 1865. 

Chap. 181 Ax Act to establish the polls and estates of the several 
cities and towns in the commonwealth. 
Be it enacted, Sj-c, as follows : 
blsr^oftexaMon SECTION 1. The uumber of polls, the amount of property, 
for decade ending and the tax of ouc thousaud dollars, including polls at half 
a mill each, for each city and town in the several counties of 
the Commonwealth, as contained in the schedule hereto 
annexed, are hereby established and shall constitute a basis 
of apportionment for state and county taxes during the 
decade ending in the year eighteen hundred and seventy- 
five, unless otherwise provided by the legislature, to wit : 



1875. 



County of Suffolk. 









Tax of $1,000, in- 


towns. 


Polls. 


Property. 


cluding polls at 
halfa mill each. 


Boston, 


32,992 


5?378,303,357 00 


$338 83 


Chelsea, . 


2,959 


7,706,745 00 


8 05 


North Chelsea, . 


220 


860,359 00 


84 


Winthrop, . 


200 


406,239 00 


45 


Totals, 


36,371 


$387,276,700 00 


$348 17 


County o 


F Essex. 




Amesbury, 


1,033 


$1,677,632 00 


$1 94 


Andover, . 




1,102 


2,702,426 00 


2 85 


Beverly, . 




1,619 


3,359,216 00 


3 67 


Boxford, . 




219 


631,942 00 


65 


Bradford, . 




404 


832,083 00 


91 


Danvers, . , 




1,037 


2,237,630 00 


2 43 


Essex, 




436 


912,417 00 


1 00 


Georgetown, 




473 


760,473 00 


89 


Gloucester, 




2,499 


4,505,390 00 


5 09 


Groveland, 




407 


666,119 00 


77 


Hamilton, . 




177 


481,423 00 


50 


Haverhill, . 




2,623 


4,488,107 00 


5 13 



1865.— Chapter 181. 



573 



County of Essex — Concluded. 









Tax of $1,000, in- 


TOWNS. 


Polls. 


Property. 


cluding polls at 
halfa mill each. 


Ipswich, . 


681 


$1,556,491 00 


$1 67 


Lawrence, 




3,692 


11,240,191 00 


11 42 


Lynn, 




3,712 


10,053,309 00 


10 42 


Lynnfield, . 




203 


604,617 00 


62 


Manchester, 




395 


766,383 00 


85 


Marblehead, 




1,931 


2,131,268 00 


2 78 


Methuen, . 




613 


1,292,951 00 


1 42 


Middleton, 




178 


392,445 00 


42 


Nahant, . 




76 


517,194 00 


48 


Newbury, . 




299 


767,849 00 


80 


Newburyport, 




2,534 


7,659,960 00 


7 80 


North Andover, 




635 


1,830,829 00 


1 88 


Rockport, . 




781 


1,279,717 00 


1 48 


Rowley, 




273 


511,171 00 


58 


Salem, 




4,354 


16,192,359 00 


15 97 


Salisbury, . 




804 


1,680,089 00 


1 83 


Saugus, 




436 


1,300,074 00 


1 33 


South Danvers, 




1,440 


3,819,766 00 


3 97 


Swampscott, 




363 


1,449,859 00 


142 


Topsfield, . 




300 


687,610 00 


73 


Wenham, . 




205 


463,558 00 


50 


West Newbury, 


503 


940,919 00 


1 05 


Totals, 


• 


36,467 


$90,393,467 00 


195 25 



County of Middlesex. 



Acton, 


391 


$854,719 00 


$0 92 


Ashby, 






300 


508,393 00 


58 


Ashland, . 






446 


632,6.32 00 


76 


Bedford, . 






196 


489,123 00 ' 


» 52 


Belmont, . 






339 


3,-521,429 00 


3 17 


Billerica, . 






402 


1,086,563 00 


1 13 


Boxborough, 






119 


238,592 00 


26 


Brighton, . 






903 


3,812,694 00 


3 70 


Burlington, 






171 


408,136 00 


43 


Cambridge, 






6,294 


25,897,971 00 


25 21 


Carhsle, 






150 


354,122 00 


38 


Charlestown, 






5,780 


18,292,544 00 


18 48 


Chelmsford, 






534 


1,546,-508 00 


1 58 


Concord, . 






521 


1,658,881 00 


1 67 


Dracut, 






500 


1,109,304 00 


1 20 


Dunstable, 






139 


391,146 00 


40 


Framingham, 






1,034 


2,799,308 00 


2 90 


Groton, 






750 


1,553,920 00 


1 70 


Holliston, . 






827 


1,502,682 00 


1 69 


Hopkinton, 






948 


1,595,257 00 


1 83 


Lexington, 






554 


1,747,459 00 


1 77 


Lincoln, . 






204 


606,833 00 


62 


Littleton, . 






244 


632,380 00 


66 



574 



1865.— Chapter 181. 

County of Middlesex — Concluded. 



County of Worcester. 









Tax of $1,000, In- 


TOWNS. 


Polls. 


Property. 


cluding polls at 
lialfa mill each. 


Lowell, 


5,736 


$20,980,041 00 


$20 74 


Maiden, . 




1,644 


4,040,431 00 


4 26 


Marlborough, 




1,815 


2,530,622 00 


3 06 


Medford, . 




1,268 


5,491,054 00 


5 31 


Melrose, . 




667 


1,704,583 00 


1 79 


Natick, 




1,168 


1,841,121 00 


2 15 


Newton, . 




2,036 


9,800,738 00 


9 37 


North Reading, 




291 


577,389 00 


64 


Pepperell, . 




440 


924,405 00 


1 01 


Reading, . 




589 


1,293,056 00 


1 40 


Sherborn, . 




269 


869,539 00 


88 


Shirley, 




300 


676,275 00 


73 


Somerville, 




1,843 


5,683,244 00 


5 76 


South Reading, 




736 


1,778,786 00 


1 88 


Stoneham, . 




866 


1,333,637 00 


1 57 


Stow, . . 




375 


764,278 00 


84 


Sudbury, . 




398 


1,052,778 00 


1 10 


Tewksbury, 




281 


747,624 00 


78 


Townsend, 




528 


737,352 00 


89 


Tyngsborough, 




147 


348,137 00 


37 


Waltham, . 




1,391 


5,552,109 00 


5 43 


Watertown, 




882 


2,757,957 00 


2 79 


Wayland, . 




269 


658,073 00 


70 


West Cambridge 


^J • 


714 


2,833,684 00 


2 77 


Westford, . 




386 


998,438 00 


1 04 


Weston, . 




302 


1,103,274 00 


1 09 


Wilmington, 




214 


563,181 00 


59 


Winchester, 




446 


1,455,772 00 


1 46 


Woburn, . 




1,992 


4,986,549 00 


5 25 


Totals, ♦ 


• 


49,739 


$155,324,723 00 


$157 21 



Ashburnham, . 


530 


$789,081 00 


$0 94 


Athol, 




765 


1,085,516 00 


1 31 


Auburn, . 




211 


503,928 00 


54 


Barre, 




725 


1,797,762 00 


1 89 


Berlin, 




248 


401,831 00 


47 


Blackstone, 




1,222 


1,993,024 00 


2 31 


Bolton, 




370 


636,514 00 


73 


Boylston, . 




196 


467,551 00 


50 


Brookfield, 




576 


973,359 00 


1 12 


Charlton, . 




461 


909,729 00 


1 01 


Clinton, 




767 


2,017,299 00 


2 10 


Dana, 




195 


242,117 00 


30 


Douglas, . 




541 


871,651 00 


1 01 


Dudley, . 




398 


681,471 00 


78 


Fitchburg, 




1,931 


4,240,252 00 


4 58 


Gardner, . 




639 


905,324 00 


1 09 



1865.— Chapter 181. 

County of Worcester — Concluded. 



575 









Tax of $1,000, in- 


TOWNS. 


rolls. 


Property. 


cluding polls at 
halfa mill each. 


Grafton, . 


946 


$1,777,973 00 


$1 99 


Hardwick, 




427 


1,099,438 00 


1 15 


Harvard, . 




384 


932,514 00 


99 


Holden, 




430 


853,695 00 


94 


Hubbardston, 




364 


741,433 00 


• 81 


Lancaster, 




378 


1,004,802 00 


1 05 


Leicester, . 




645 


1,615,868 00 


1 70 


Leominster, 




852 


1,933,122 00 


2 07 


Lunenburg, 




289 


731,560 00 


77 


Men don, . 




302 


668,709 00 


72 


Mllford, . 




2,528 


3,275,231 00 


4 06 


Millbury, . 




800 


1,392,456 00 


1 59 


New Braintree, 




168 


553,719 00 


57 


North Brookfielc 


i, '- 


601 


1,034,978 00 


1 18 


Northborough, 




335 


898,385 00 


93 


Nortlibridge, 




621 


1,104,648 00 


1 25 


Oakham, . 




228 


318,003 00 


38 


Oxford, 




643 


■ 1,137,476 00 


1 29 


Paxton, 




172 


297,237 00 


34 


Petersham, 




376 


651,779 00 


75 


Phillipston, 




180 


320,834 00 


36 


Princeton, 




317 


778,666 00 


82 


Royalston, 




336 


711,872 00 


78 


Rutland, . 




263 


523,646 00 


58 


Shrewsbury, 




421 


1,026,968 00 


1 08 


Southborough, 




425 


957,409 00 


1 03 


Southbridge, 




887 


1,696,264 00 


1 89 


Spencer, . 




819 


1,363,465 00 


1 57 


Sterling, . 




417 


1,086,710 00 


1 13 


Sturbridge, 




493 


864,875 00 


98 


Sutton, 




537 


1,141,588 00 


1 24 


Templeton, 




651 


979,116 00 


1 16 


Upton, 




489 


736,082 00 


87 


Uxbridge, . 




664 


1,624,174 00 


1 72 


Warren, . 




577 


985,109 00 


1 13 


Webster, . 




716 


1,060,039 00 


1 26 


West Boylston, 




501 


860,922 00 


98 


West Brookfield 


9 • 


389 


679,389 00 


77 


Westborough, 




743 


1,337,740 00 


1 51 


Westminster, 




403 


721,267 00 


81 


Winchendon, 




805 


1,160,952 00 


1 39 


Worcester, 




7,287 


19,701,244 00 


20 43 


Totals, 




39,584 


$80,857,766 00 


$88 70 



County of Hampshire. 



Amherst, . 

Belchertown, 

Chesterfield, 




U,860,457 00 

1,108,591 00 

372,790 00 



$1 95 

1 27 

43 



576 



1865.— Chapter 181. 

County of Hampshire — Concluded. 









Tax ot $1,000, In- 


TOWNS. 


PoUs. 


Property. 


cluding polls at 
half a mill each. 


Cummington, 


235 


$342,842 00 


$0 41 


Easthampton, . 




499 


1,700,599 00 


1 70 


Enfield, 




240 


610,644 00 


64 


Goshen, 




97 


152,796 00 


18 


Granby, . 




233 


470,125 00 


52 


Greenwich, 




162 


261,416 00 


30 


Hadley, . 




535 


1,279,320 00 


1 36 


Hatfield, . 




379 


1,442,691 00 


1 42 


Huntington, 




263 


409,395 00 


48 


Middlefield, 




177 


351,881 00 


39 


Northampton, . 




1,689 


4,789,965 00 


4 92 


Pelham, 




168 


197,457 00 


25 


Plainfield, . 




171 


239,097 00 


29 


Prescott, . 




149 


221,712 00 


26 


South Hadley, . 




502 


1,103,491 00 


1 19 


Southampton, 




253 


502,448 00 


56 


Ware, 




729 


1,306,545 00 


1 48 


Westhampton, 




135 


291,384 00 


31 


Williamsburg, . 




481 


1,085,693 00 


1 17 


Worthington, . 




230 


409,655 00 


46 


Totals, 


8,927 


$20,510,994 00 


$21 94 


County of 


Hampden. 




Agawam, . 


409 


$816,850 00 


$0 90 


Blandford, 




304 


529,150 00 


60 


Brimfield, . 




321 


719,750 00 


77 


Chester, 




305 


445,900 00 


54 


Chicopee, . 




1,767 


3,128,^50 00 


3 56 


Granville, . 




344 


516,277 00 


61 


Holland, . 




83 


131,000 00 


15 


Holyoke, . 




1,145 


2,579,250 00 


2 77 


Longmeadow, 




349 


1,016,500 00 


1 05 


Ludlow, . 




261 


455,050 00 


52 


Monson, . 




620 


1,316,700 00 


1 43 


Montgomery, 




92 


158,8.50 00 


18 


Palmer, 




709 


1,254,000 00 


1 43 


Kussell, 




141 


212,800 00 


25 


Southwick, 




305 


604,200 00 


. 66 


Springfield, 




5,694 


13,379,212 00 


14 25 


Tolland, . 




135 


298,-588 00 


32 


Wales, . 




156 


254,600 00 


29 


Westfield, . 




1,517 


3,244,600 00 


3 52 


West Springfiel 


d, : 


516 


1,319,550 00 


1 38 


Wilbraham, 




479 


872,100 00 


98 


Totals, 


15,652 


$33,253,177 00 


$36 16 



1865.— Chapter 181. 



577 



County of Franklin. 









Tax of $1,000, in- 


TOWNS. 


Polls. 


Property. 


cluding polls at 
halfa mill each. 


Ashfield, . 


330 


$611,869 00 


$0 68 


Bernardston, 




217 


484,893 00 


52 


Buckland, . 




439 


526,468 00 


67 


Charlemont, 




231 


367,216 00 


43 


Colrain, . 




354 


637,954 00 


72 


Conway, . 




389 


703,919 00 


80 


Deerfield, . 




692 


1,215,423 00 


1 38 


Erving, 




127 


173,229 00 


21 


Gill, . 




166 


390,569 00 


42 


Greenfield, 




767 


1,899,806 00 


2 00 


Hawley, 




281 


182,638 00 


30 


Heath, 




140 


232,551 00 


27 


Leverett, . 




198 


284,644 00 


34 


Leyden, 




123 


278,647 00 


30 


Monroe, . 




55 


79,375 00 


10 


Montague, 




852 


606,737 00 


70 


New Salem, 




253 


336,476 00 


42 


Northfield, 




412 


712,054 00 


81 


Orange, . 




513 


599,243 00 


77 


Rowe, 




127 


180,425 00 


21 


Shelburne, 




388 


822,620 00 


89 


Shutesbury, 




160 


219,250 00 


27 


Sunderland, 




216 


413,827 00 


46 


Warwick, . 




256 


220,658 00 


32 


Wendell, . 




151 


201,657 00 


24 


Whately, . 




311 


665,972 00 


72 


Totals, 


7,648 


$13,048,120 00 


$14 95 


County of 


Berkshire. 




Adams, 


1,602 


$3,350,551 00 


$3 66 


Alford, . 


116 


340,490 00 


35 


Becket, 


323 


478,120 00 


57 


Cheshire, . 


398 


675,997 00 


78 


Clarksburg, 


93 


133,234 00 


16 


Dalton, 


232 


988,160 00 


96 


Egremont, 


233 


587,619 00 


61 


Florida, 


298 


152,523 00 


28 


Great Barrington, 


912 


2,177,071 00 


2 31 


Hancock, . 


164 


490,299 00 


50 


Hinsdale, . 


358 


801,755 00 


86 


Lanesborough, . 


299 


661,048 00 


71 


Lee, .... 


811 


1,682,411 00 


1 84 


Lenox, 


386 


827,539 00 


90 


Monterey, . 


176 


292,117 00 


34 


Mount Washington, . 


54 


87,676 00 


10 


New Ashford, . 


47 


108,662 00 


11 


New Marlborough, . 


378 


610,727 00 


71 


Otis, .... 


263 


311,595 00 


40 



578 



1865.— Chapter 181. 

County of Berkshire — Concluded. 









Tax of §1,000, in- 


TOWNS. 


Polls. 


Property. 


cluding polls at 
half a mill each. 


Peru, 


118 


$214,930 GO 


$0 24 


Pittsfield, . 


2,098 


6,378,878 00 


6 48 


Eichmond, 


231 


502,277 00 


55 


Sandisfield, 


362 


612,943 00 


69 


Savoy, 


210 


273,400 00 


34 


Sheffield, . 


557 


1,206,820 00 


1 31 


Stockbridge, 


403 


1,323,883 00 


1 33 


Tyringham, 


154 


299,594 00 


33 


Washington, 


162 


289,398 00 


33 


West Stockbridge, . 


395 


613,816 00 


72 


Williamstown, . 


535 


1,160,587 00 


1 26 


Windsor, . 


173 


303,324 00 


35 


Totals, 


12,541 


$27,937,444 00 


$30 08 







County of 


Norfolk. 




Bellingham, 


292 


$463,951 00 


$0 54 


Braintree, . 




888 


1,582,530 00 


1 79 


Brookline, 




1,058 


12,107,550 00 


10 85 


Canton, 




788 


2,211,313 00 


2 28 


Cohasset, . 




506 


1,174,953 00 


1 25 


Dedham, . 




1,650 


4,857,587 00 


4 96 


Dorchester, 




2,547 


12,521,038 00 


11 94 


Dover, 




155 


358,774 00 


38 


Foxbo rough. 




658 


1,284,524 00 


1 42 


Franklin, . 




538 


1,046,874 00 


1 16 


Medfield, . 




266 


613,155 00 


66 


Med way, . 




727 


1,251,393 00 


1 43 


Milton, 




633 


4,271,263 00 


3 96 


Needham, . 




662 


1,798,498 00 


1 86 


Quincy, 




1,411 


3,833,508 00 


3 97 


Randolph, . 




1,326 


2,925,254 00 


3 16 


Boxbury, 




4,916 


23,808,776 00 


22 74 


Sharon, 




354 


723,752 00 


79 


Stoughton, 




1,072 


1,742,453 00 


2 02 


Walpole, . 




502 


1,132,102 00 


1 22 


West Koxbury, 




1,454 


10,631,146 00 


9 79 


Weymouth, 




2,200 


3,345,349 00 


3 95 


Wrentham, 


667 


1,412,051 00 


1 54 


Totals, 


• 


25,270 


$95,097,794 00 


$93 66 





County of 


Bristol. 




Acushnet, . 
Attleborough, . 
Berkley, . 
Dartmouth, 
Dighton, . 


287 
1,334 
207 
817 
474 


$656,500 00 
2,201,660 00 

316,002 00 
2,432,270 00 

776,779 00 


$0 70 
2 54 

37 
2 48 

90 



1865.— Chapter*181. 

County of Bristol — Concluded. 



579 









Tax of $1,000, in- 


TOWNS. 


Polls. 


Property. 


cluding polls at 
half a mill each. 


Easton, 


795 


$11,930,900 00 


$2 04 


Fairhaven, 




650 


1,778,217 00 


1 84 


Fall River, 




4,312 


12,632,419 00 


12 92 


Freetown, . 




338 


706,117 00 


77 


Mansfield, . 




522 


750,442 00 


90 


New Bedford, 




4,572 


20,525,790 00 


19 77 


Norton, 




435 


842,527 00 


94 


Kaynbam, . 




402 


1,115,026 00 


1 15 


Rehoboth, . 




416 


764,906 00 


86 


Seekonk, . 




233 


496,844 00 


54 


Somerset, . 




469 


865,618' 00 


97 


Swanzey, . 




343 


755,680 00 


82 


Taunton, . 




3,288 


8,463,074 00 


8 85 


Westport, . 




696 


1,453,897 00 


1 59 


Totals, 


• 


20,590 


$59,464,668 00 


$60 95 



County of Plymouth. 



Abington, . 


2,205 


$3,059,801 00 


$3 71 


Bridgewater, 


973 


1,992,756 00 


2 18 


Carver, 


273 


459,583 00 


53 


Duxbury, . 


. 639 


1,006,782 00 


1 18 


East Bridgewater, 


900 


1,136,937 00 


1 42 


Halifax, . 


199 


354,039 00 


40 


Hanover, . 


390 


747,591 00 


83 


Hanson, . 


305 


458,168 00 


54 


Hingham, . 


995 


2,391,437 00 


2 53 


Hull, 


67 


150,864 00 


16 


Kingston, . 


421 


1,334,298 00 


1 34 


Lakeville, . 


319 


571,124 00 


64 


Marion, 


240 


459,009 00 


51 


Marshfield, 


431 


853,777 00 


94 


Mattapoisett, 


381 


540,118 00 


65 


Middleborough, . 


1,239 


2,132,878 00 


2 44 


North Bridgewater, . 


1,652 


2,209,339 00 


2 71 


Pembroke, 


378 


575,993 00 


68 


Plymouth, . 


1,459 


3,145,119 00 


3 41 


Plympton, . 


209 


304,305 00 


36 


Rochester, . 


321 


547,181 00 


63 


Scituate, . 


594 


852,105 00 


1 03 


South Scituate, . 


379 


840,924 00 


91 


Wareham, 


676 


882,580 00 


1 09 


West Bridgewater, . 


430 


945,350 00 


1 02 


Totals, 


16,075 


$27,932,058 00 


$31 84 



580 



1865.— Chapter 182. 
County of Barnstable. 









Tax of $1,000, in- 


TOWKS. 


Polls. 


Property. 


cUnllng polls at 
half a mill each. 


Barnstable, 


1,102 


^2,265,407 00 


12 48 


Brewster, . 






314 


801,452 00 


84 


Chatham, . 






665 


1,100,543 00 


1 27 


Dennis, 






742 


1,181,339 00 


1 38 


Eastham, . 






207 


219,948 00 


29 


Falmouth, . 






647 


1,375,661 00 


1 50 


Harwich, . 






815 


1,025,217 00 


1 28 


Orleans, . 






451 


558,858 00 


70 


Provincetown, 






785 


1,576,145 00 


1 74 


Sandwich, . 






858 


1,669,105 00 


1 85 


Truro, 






423 


361,717 00 


52 


Wellfleet, . 






566 


700,165 00 


88 


Yarmouth, 






595 


1,440,641 00 


1 52 


Totals, 






8,170 


$14,276,198 00 


$16 25 



Chilmark, . 
Edgartown, 
Gosnold, . 
Tisbury, . 

Totals, 



Nantucket, 



County of Dukes. 



154 

497 

19 

430 



1,100 



§^350,801 00 

1,035,467 00 

112,993 00 

684,714 00 



$2,183,975 00 



County of Nantucket. 



1,180 



$2,152,568 00 



$0 38 

1 13 

11 

79 



$2 41 



?2 43 



Chap. 182 



Elections in 1865 



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

Approved April 29, 1865. 

An Act concerning the election op town officers. 

Be it enacted, Sfc., as follows : 

Section 1. The election of moderator and town officers 
diecriistriega"^ hcretoforc made at the town meetings in the several towns 
>^«d. in the Commonwealth, in the year eighteen hundred and 

sixty-five, so far as the same may appear illegal, for the 
reason that the check list was not used in 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 passage. 

Approved May 1, 1865. 



1865.— Chapter 183. 581 

An Act to regulate the herring or alewife fishery in CliaY). 183 

barlow's rOND AND THE WATERS CONNECTED THEREWITH, IN 
MATTAPOISETT. 

Be it enacted, §'e., ns follows: 

Section 1. The town of Mattapoisett is hereby authorized Town may make 

, 1,1 • i/>ii J.- improvem'ts and 

to make the necessary improvements tor the preservation do acts for pro- 
and taking of herrings or alewives in Barlow's pond, and lauoaVf^flshwy! 
the waters connected therewith, and the outlet therefrom to 
the sea, and to do all acts necessary for the purpose of 
protecting and regulating a herring or alewife fishery in said 
waters. 

Section 2. The inhabitants of said town may, at any May establish by- 
legal meeting called for that purpose, make such by-laws, aaTpenlitits'.°"^ 
with penalties for violation of the same, and such rules and 
regulations as they may deem proper for the preservation 
and protection of said fishery, and for the taking and disposal 
of said fish : provided, such by-laws are not inconsistent Proviso. 
with the laws of this Commonwealth. 

Section 3. The selectmen shall annually post up the Regulations to be 
regulations so established, in two or more public places in ^°'*^^" 
said town, within ten days after their passage. 

Section 4. If any person shall take any of said fish in penalty for vioia- 
any of the waters aforesaid at a time or in a manner other *'°°" 
than shall be allowed by said town, such person shall, for 
each offence, on conviction thereof, pay a fine not exceeding 
twenty dollars. 

Section 5. The said town of Mattapoisett shall be liable Town liabie for 
to pay all damages that shall be sustained by any persons in stlpucting works, 
their property by the taking of any lands, or by the construe- ^"^ 
tion of any dams, sluiceways or other works, or by flowage, 
for the purpose of carrying into effect this act ; and if any upondisagreem't 

■^/.. T •/ o -iiii J .., asto damages 

person sustaining damage as aioresaid, shall not agree with superior court. 

the selectmen of the town upon the damage to be paid appoFnt'commi*'^ 

therefor, the superior court holden within and for the county sioners. 

of Plymouth shall, upon the petition of such person, appoint 

three competent and disinterested persons to hear and Award accepted 

award thereon ; and their award, or that of any two of finai'^.°"'^' *° 

them, being accepted by said court, shall be final : provided, Proviso. 

that said petition shall be filed in the office of the clerk of 

said court, within three years after such damage shall have 

been sustained, and not afterwards. Such person, if he shall Damages may be 

so elect, may have his damages assessed and paid in the hiT.'^^ 

manner provided by law with respect to land taken for 

highways. 

Section 6. If at eny time it shall be apparent that the owntT^'catch 
establishment of the herring fishery herein provided for shall of herrings di- 
have sensibly diminished the catch of herrings at the weirs "'""^'^• 

26 



582 1865.— Chapters 184, 185. 

upon Hammond's river, in said Mattapoisett and in Roches- 
ter, then such equitable indemnity shall be rendered to the 
owners of said Hammond's river fishery, in fish or other- 
wise, as the legislature shall determine. 

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

Approved May 1, 1865. 

Chap, 184 -^^ -^^'^ CONCERNING THE LYNN AND BOSTON RAILROAD COMPANY. 

Be it enacted, Sfc, as follows : 
May increase cap- SECTION 1. Thc Lyuu and Bostou Railroad Company is 
' ' hereby authorized to increase its capital stock by adding 
thereto a sum not exceeding one hundred thousand dollars ; 
ProTiso. provided, however, that until said company shall have con- 

structed and put its railway in operation, from its present 
terminus, in the city of Lynn, to the junction of Humphrey 
and Orient Streets, in the town of Swampscott, no more of 
said increased capital stock shall be issued or used than 
shall be necessary so to construct and put in operation said 
May construct railway. And said company is hereby authorized to con- 
upon location struct its Said railway within one year from the passage of 
defined. |.|^jg ^^^^ cithcr upou its present location in said Lynn and 

Swampscott, or upon the new highway from Lewis Street in 
Lynn to Burrill Street in Swampscott, and thence upon Bur- 
rill Street to Humphrey Street, and thence upon Humphrey 
Street to Orient Street. 

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

Approved May 1, 1865. 

Chap, 185 -^^ -'^CT RELATING TO BANKS SURRENDERING THEIR CHARTERS AND 
BECOMING BANKING ASSOCIATIONS UNDER THE LAWS OF THE 
UNITED STATES. 

Be it enacted, ^c, as follows : 

Bank commis- SECTION 1. Scctioii ouc of chapter one hundred and 
thoTill re^^issue ninety of the acts of the year eighteen hundred and sixty- 
one year*"°° ^'"^ four, is hereby so amended that the bank commissioners 
may, at the time.of making the certificate therein mentioned, 
or afterwards, authorize any bank which shall have become 
a national association for banking, to re-issue and continue 
in circulation its outstanding bills, for a period not exceeding 
one year after the date of such certificate, and not subse- 
quent to the receipt and issue of the circulating notes of the 
tlnited States. 

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

Approved May 3, 1865. 



1865.— Chapters 186, 187, 188. 583 

An Act in kelation to the adjustment op controversies as to Chap. 186 

THE ESTATE OF DECEASED PERSONS. 

Be it enacted, ^'c, as follows : 

■ Section 1. When a minor or person under guardianship Guardian to rep- 

^ -, '-' , ^ resent minor or 

claiming an interest in the estate ot a deceased person is a ward in arbitra- 

necessary party to an arbitration or compromise authorized ^^^^^"^ compro- 

by the provisions of chapter one hundred and seventy-three 

of the acts of the year eighteen hundred and sixty-four, he 

shall be represented in the proceedings by his guardian, or 

by a guardian ad litem, appointed by the court, who shall in 

the name and in behalf of the party he represents, make and 

receive all proper conveyances and payments necessary to 

carry into effect any award or compromise that is sanctioned 

by the court. 

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

Approved May 3, 1865. 
An Act in addition to an act to incorporate the American Chap, 187 

STEAM-SHIP company. 

Be it enacted, ^'c, as follows: 

The periods of time allowed to the American Steam-ship Time extended 

r^ Pii p /»ii L • -i p • -\ for performance 

(Jompany, lor the periormance oi the acts required oi said under § 4, ch. 
company by the fourth section of the one hundred and •^^^' ^""^^ '^^■ 
twelfth chapter of the acts of the year eighteen hundred and 
sixty-three, are hereby severally extended one year beyond 
the time now allowed by law. Ap^pved May 3, 1865. 

An Act to incorporate the martha's vineyard steamboat Chan 188 

COMPANY. •* ' 

Be it enacted, ^t., as follows : 

Section 1. Thomas Bradley, Ira Darrow, Henry L. corporators. 
Whiting, and their associates, are hereby made a corporation 
by the name of the Martha's Vineyard Steamboat Company, Ti'tie. 
for the purpose of running steamboats and sailing vessels for purpose, 
the convenience of public travel, excursions and the trans- 
portation of merchandise, between Edgartown, Holmes' 
Hole, Wood's Hole and New Bedford, and for the towing of 
ships and vessels ; with all the rights and privileges, and Powers and 
subject to all the duties, liabilities and restrictions, set forth ^"''^^' 
in all general laws which now are or may hereafter be in 
force, and applicable to such corporations. 

Section 2. Said corporation may hold such real and May hou estate. 
personal estate as may be necessary for the purpose afore- 
said ; but the capital stock of said company shall not exceed capital. 
one hundred thousand dollars, and shall be divided into 
shares of fifty dollars each. 

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

Approved May 3, 1865. 



584 1865.— Chapters 189, 190. 

Chap. 189 An Act to incorporate the cape cod foundry company. 

Be it enacted^ Sj'c, as follotcs : 
Corporators. SECTION 1. OwGii BcarsG, Cyrus F. Bullock, N. Oscar 

Bond, their associates and successors, are hereby made a 
Title. corporation by the name of the Cape Cod Foundry Com- 

purpose. pany, for the purpose of casting and manufacturing stoves 

and other work pertaining to iron, and holding patents for 

stoves, and designs for stoves, and dealing therewith, and for 
Powers ana tliis purposc sliall liavc all the powers and privileges, and be 
duties. subject to all the duties, restrictions and liabilities set forth 

in all general laws which now are or may hereafter be in 

force relating to such corporations. 
Location. SECTION 2. Thc Said corporation shall have its place of 

business and its manufactory in the village of Hyannis in the 
Real estate. towu of Bamstablc, aud for this purpose may hold real estate 

not exceeding in amount ten thousand dollars ; and the 
Capital stock. • capital stock of said corporation shall not exceed twenty-five 

thousand dollars, and shall be divided into shares of one 
ProTiso: shall huiidred dollars each : provided, however, that said corpora- 
ness tm' sio,ooo tiou sliall not go into operation until the sum of ten thousand 
capital is paid. (jQUf^rs of its Capital stock has been paid in. 

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

Approved May 3, 1865. 

Chap. 190 An Act for supplying the town of adams with pure water. 

Be it enacted, Sfc, asjollows : 
North Adams fire SECTION 1. The North Adams fire district is hereby 
vey"certam "'wa- authorizcd, by and through the agency of three commission- 
ters into village. ^^^ ^^ ^^ appointed in the manner hereinafter provided, to 
take, hold and convey to, into and through the village of 
North Adams, the water of any spring or springs, or of any 
natural pond or ponds, brook or brooks within said town of 
May hold neces- Adams, uortli of tlic old military line in said town ; and said 
sary estate. (district may also take and hold, by purchase or otherwise, 
any real estate necessary for laying and maintaining aque- 
ducts for conducting, discharging and distributing water, 
and for forming reservoirs ; and may take and hold any land 
in or around any such pond, spring or brook, so far as may 
be necessary for the preservation and purity of thc same, for 
the purpose of furnishing a supply of water for the village of 
North Adams, and for public purposes. 
May build aque- SECTION 2. The said firc district may, by and through 

ducts, dams, &c., ,, iii-ii •/ ^ •/ 

establish hy- the samc agency, make and build one or more permanent 

trXteand'^regu- aqucducts from any of the sources before mentioned into 

late use of water, ami through said village, and have and maintain the same 

by any works suitable therefor; may erect and maintain 



1865.— Chapter 190. 585 

dams to raise and retain the waters tlierein ; may make and 
establish public hydrants in such places as may be from time 
to time deemed proper, and prescribe the purposes for which 
they may be used, and may change and discontinue the 
same ; may distribute the water throughout the village ; may 
regulate the use of said water and establish the rents to be 
paid therefor. And said fire district may, for the purposes May carry works 

/> .n T -, . T I ,1 1 over or under 

aforesaid, carry and conduct any aqueducts or other works water-course and 

by them to be made and constructed, over and under any ^''^^' ^''• 

water-course, street, turnpike, railroad, highway or other 

way, in such manner as not to obstruct or impede travel 

thereon, and may do any other things necessary and proper 

to repair the same, and in execution of the purposes of this 

act. 

Section 3. Three commissioners shall be chosen by the siiaii choose com- 
said fire district by ballot, who shall, during their continu- intend works'" 
ance in office, execute, superintend and direct the perform- 
ance and execution of all the works, matters and things 
mentioned in the preceding sections, that are not specially 
otherwise provided for in this act; and they shall be subject Establish rules 

, \ -, ,. .', •'. f ±^ • • ^ ^"'* regulations. 

to such rules and regulations, in the execution ot their said 

trust, as the said district may, from time to time, ordain and 

establish, not inconsistent with the provisions of this act and 

the laws of this Commonwealth. They shall respectively Termof office of 

hold their said ornces for the term of three years next after 

their appointment, unless the works aforesaid shall sooner 

be completed ; but they, or either of them, after having had Removal. 

an opportunity to be heard in his or their defence, may be 

removed at any time by a vote of two-thirds of the voters 

present at any legal meeting of the district ; and in case of a vacancies in 

vacancy in the board, such vacancy may be filled by the 

appointment of another commissioner, in manner aforesaid, 

who shall hold his office for the residue of the three years. 

A major part of said commissioners shall be a quorum to do Quorum. 

business ; they shall once a year, and whenever required by Annual report. 

a vote of the said district, make and present in writing a full 

and particular statement of all their acts and doings, and of 

the condition and progress of the works aforesaid. 

Section 4. Before the appointment of the commissioners compensation. 
aforesaid, the said district shall establish the salaries and 
compensation to be paid said commissioners, and such sala- 
ries or compensation shall not be altered during their 
continuance in said office. 

Section 5. Whenever the office of said commissioners commission ter- 
shall cease, either by expiration of their term of office or revert to district. 
the completion of the works, all the rights, powers and 



commissioners. 





586 1865.— Chapter 190. 

■ authority given to the said fire district by this act, shall then 

and thenceforth be exercised by the said fire district, subject 

to the duties, liabilities and restrictions herein contained, in 

such manner and by such officers and agents as the said 

district shall, from time to time, ordain and direct. 

Liability of fire SECTION 6. The Said district shall be liable to pay all 

ages. damages that shall be sustained by any persons in their 

property, by the taking of any land, water or water rights, 

or by constructing any aqueducts, reservoirs or other works, 

County commis- for the purposcs SDCcified in this act ; and if any person 

sioners may as- i , li ^ , • ■/ o -j i. -xi 

BMs, ia case of who Shall sustaui damage as aforesaid, cannot agree with 

aifp^nTjury*.' *"^ Said commissioncrs upon the amount of said damages, he 

may have them assessed by the county commissioners for 

the county of Berkshire, by making a written application 

therefor, within two years after the said water or water rights 

shall have bee^ taken, or after the said aqueducts, reservoirs 

or other works have been constructed under this act. A 

Party aggrieved party aggrieved by the doings of said commissioners in the 

may lave jury. ggj^j^jj^^JQj^ ^f gg^j^ damagcs, may, on application in writing 

to the commissioners, have a jury to determine the matter of 

his complaint, and thereupon the same proceedings shall be 

had as is provided in chapter forty-three of the General 

Statutes in regard to highways. 

Town of. Adams SECTION 7. For the Durpose of paying all costs and 

may issue "water „ , -i^ -i • ^ iiii 

scrip." expenses oi such estates, water and water rights as shall be 

taken, purchased or held, for the purposes of this act, and 
for the construction of all works necessary for the accom- 
plishment of the purposes aforesaid, and all expenses incident 
thereto, the town of Adams shall have authority to issue 
from time to time, notes, certificates or scrip, to be denomi- 
Amount. natcd " Adams Water Scrip," to an amount not to exceed, 

Interest. in the wholc, fifty thousand dollars, bearing interest at a 

Payable in twen- rate iiot cxcceding six pcr cent, per annum ; and said 
y years. interest shall be payable semi-annually, and the principal 

shall be made payable at periods not more than twenty years 
from the date of issue. 
Issue of scrip. All such notcs, Certificates or scrip shall be signed by the 
treasurer of the town, and countersigned by the chairman of 
the selectmen ; and a record thereof shall be made and kept 
Disposal. by said treasurer. And said fire district may, from time to 

time, sell the same or any part thereof, at public or private 
sale, or pledge the same for borrowed money for the purposes 
aforesaid. 
Assessments for SECTION 8. The towii of Adams is hereby fully authorized 
paymen o scrip. ^^ aggegg and collcct upou thc polls and estates, real and 
personal, in said fire district, all taxes necessary to pay the 



1865.— Chapter 191. 587 

principal and interest of the scrip that shall be sold or 
pledged by said district as aforesaid. 

Section 9, If any person shall use any of said water unauthorized 
without the consent of the said district, an action of tort may "^® °^ "'^*®'"' 
be maintained by said district against him for damages there- 
for ; and if any person shall wantonly or maliciously divert Penalty for wan- 
the water or any part thereof, of either of the ponds, brooks, corrupu'g^wafers 
streams or water-courses which shall be takeu by the said or'^junngworks. 
district pursuant to the provisions of this act, or shall cor- 
rupt the same, or render it impure, or destroy or injure any 
dam, aqueduct, hydrant or other property held or owned by 
the said district, by the authority and for the purposes of this 
act, every such person shall forfeit and pay to said district 
three times the amount of the damages that shall be assessed 
therefor, to be recovered in any proper action. And, more- 
over, any such person may, upon conviction of either of the 
wanton or malicious acts aforesaid, be punished by fine not 
exceeding three hundred dollars, and imprisonment not 
exceeding one year. 

Section 10. There shall be a legal meeting of the voters Acceptance of 
of the said fire district called within four years after the ^rs; mafne7o"f 
passage of this act, for the purpose of having the said voters P''0'=eeding. 
give in their written votes on the question whether they will 
accept this act, and if two-thirds of said votes shall be in the 
affirmative, then the selectmen of the town of Adams shall 
warn a meeting of the voters of said town within three 
months thereafter, for the purpose of having said voters give 
in their votes upon the question whether they will accept the 
same; and if two-thirds of said votes given upon the question conditions of 
aforesaid shall be in the affirmative, then this act shall be '^*'''^"^- 
binding, otherwise it shall be null and void. 

Section 11. This act shall take effect upon its passage. 

Approved May 3, 1865. 

An Act relating to the sale and weighing of coal. Chap. 191 

Be it enacted, Sfc, as follows : 

Section 1. The mayor and aldermen or selectmen of weighers to be 
every place where anthracite, bituminous or mineral coal is erne's and towns, 
sold, shall appoint one or more suitable persons to be weigh- 
ers of such coal, who shall be sworn, and be removable at 
the pleasure of the board appointing them, and shall receive 
such fees as may be established by the board, which shall be Fees. 
paid by the seller. 

Section 2. On or before the delivery of any such coal to coai to be 
a purchaser, the seller shall cause the same to be weighed TwJfra officer and 
by a sworn weigher of the place at which the same is sold or '^^'"^'^^ ^«p*- 



588 



1865.— Chapter 192. 



Buyer may hare 
certificate of 
weigher, upon 
request. 



Penalty for Tiola- 
tion. 



May be mutually 
waived. 



Fraud to defeat 
action for price. 



Repeal. 



delivered, who shall keep a record thereof, for the use of 
both parties. 

Section 3. Whenever the buyer of any such coal shall so 
request, at the time of making the purchase, the seller shall 
cause the same to be weighed by a sworn weigher, not the 
seller nor in his employ, and a certificate of the weight 
thereof, signed by the weigher, shall be delivered to the 
buyer or his agent at the time of the delivery of the coal. 

Section 4. Whoever violates any provision of the two 
preceding sections, shall, for each offence, forfeit thirty 
dollars. 

Section 5. The provisions of this act shall not apply 
whenever the buyer and seller mutually agree to waive the 
same previous to the delivery of such coal. 

Section 6. Any fraud or deceit in the weight of coal, on 
the part of the seller or of those employed by him to sell, 
weigh or deliver the same, shall defeat any action for the 
price thereof. 

Section 7. Sections one hundred and eighty-eight and 
one hundred and eighty-nine of chapter forty-nine of the 
General Statutes are hereby repealed. 

Approved May 4, 1865. 



Chap. 192 



County commis- 
sioners may lay 
out, as highway. 



Allowance for 
damages, G. S. 
how to apply. 



Reconstruction 
of bridge by 
commissioners. 



Shall provide 
draw-tenders un- 
til completed. 



An Act co>fCERNiNG the granite bridge corporation. 
Be it enacted, Sj-c, as follows : 

Section 1. The county commissioners for the county of 
Norfolk may, with the assent of the Granite Bridge Corpora- 
tion, lay out the turnpike, ways, bridge and draw belonging 
to said corporation, as a common highway in accordance 
with the provisions of this act, and have and exercise the 
same powers relating thereto as are now had and exercised 
by them in the laying out of turnpikes as common highways ; 
excepting that in the allowance and payment of damages 
under the provisions of the fifteenth section of the sixty- 
second chapter of the General Statutes, so much of said 
section as requires the towns through which said ways pass 
to refund the same, shall not apply. 

Section 2. In case said commissioners shall proceed 
under section first to lay out said turnpike, bridge and draw 
as a common highway, they shall cause said bridge to be put 
in substantial repair, and so far reconstruct the same that it 
shall be safe and convenient for travel, preserving in the place 
where now located a draw and passage-way for vessels of at 
least the width now required by law; and said commissioners 
from the time said turnpike, bridge and draw are laid out 
and established as a common highway until they shall have 



1865.— Chapters 193, 194. 589 

given the notice hereinafter provided, shall provide draw- 
tenders for said draw, and other necessary agents, and be 
subject to the duties and liabilities iraposed on said corpora- 
tion by the third section of chapter one hundred and fifty-four 
of the acts of the year eighteen hundred and thirty-seven ; Expense, how 
and the expenses and liabilities incurred under this section pa'^i- 
shall be paid from the county treasury. 

Section 3. Upon due notice given by said commissioners upon notice of 
to the clerk of the towns in which said bridge lies, that said to'^be'' iTawe T)r 
bridge has been reconstructed and is in substantial repair so ntnce"*^ rna.mte- 
that the same is safe and convenient for travel, such towns 
shall each thenceforth be responsible for the care, main- 
tenance and repair of the portion of said bridge lying on its 
own side of the same and extending to the centre of the 
draw, and they shall at their joint expense provide draw- Draw-tend'rs and 
tenders for said draw, and other necessary agents ; and said vided at joint 
towns shall be jointly liable to raise the draw and afford all «^p^°^^- 
necessary and proper accommodation to vessels having occa- Accommodations 
sion to pass the same by day or by night ; and shall keep a 
sufficient light for vessels at said draw ; and if any vessels Damages for un. 

11, 1 ° iiTi ^ T • ^ 1 • • •! reasonable deten- 

shall be unreasonably delayed or hmdered m passmg said tion of vessels. 
draw by the negligence of said towns or their agents in dis- 
charging the duties enjoined by this act, the owners or 
masters of such vessels may receive reasonable damages 
therefor of said towns in an action of tort before any court 
proper to try the same. 

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

Approved May 4, 1865. 

An Act concerning the publication of the general laws and QJian. 193 

OTHER official INFORMATION. ■^' 

Be it enacted, §'c., as follows : 

Section 1. The fourth section of chanter three of the Expense may be 
General Statutes is hereby so amended, that tlie annual 
expense of publishing the General Laws and other official 
information shall not exceed five hundred dollars. 

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

- Approved May 5, 1865. 

An Act concerning the adulteration of milk. Chap. 1 94 

Be it enacted, ^c, as follows : 

Whoever with intent to defraud adulterates by water or Penalty: for- 
otherwise, milk to be delivered for manufacture into butter ^^''""^^ **^ *^ ' 
or cheese, shall forfeit twenty dollars for each offence. 

Approved May 5, 1865. 
27 



590 1865.— Chapters 195, 196. 

Chap. 195 An Act to authorize the town of amherst to raise fifty 
■* ' thousand dollars for the agricultural college. 

Be it enacted, §"c., as follows : 
May issue bonds SECTION 1. TliG towii of AmliGrst IS hereby authorized to 
or mse y oan ^,^|gg^ ^^ issuiiig its boiids, or by loan or tax, the sum of fifty 
thousand dollars, to be appropriated and paid to the Massa- 
chusetts Agricultural College, out of the treasury of the 
town, and applied in the erection of suitable buildings upon 
rroviso: vote of tlic fami of said college in said town : provided, that at a 
citoens required, j^^^^ ^^^^^ meeting, callcd for that purpose, two-thirds of the 
voters present and voting thereon shall vote to raise said 
amount for said object. 

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

Approved May 5, 1865. 

Chan 196 -^^ ^^^ concerning the overseers of the poor in the city of 

"' WORCESTER. 

Be it enacted, §'c., as follows : 

Board to consist SECTION 1. The board of overseers of the poor in the city 

with°xo^c^s.'^' of Worcester shall consist of nine members, residents of said 

city. The mayor, superintendent of public schools, and the 

city marshal, shall be ex officio members of the board. The 

mayor shall be ex officio president of the board. 

City council to SECTION 2. Thc city council shall, in the month of 

e^ect SIX in Dec. j)g(,Q^-Q|)Qp ucxt, clcct, by coucurrcnt ballot, six persons to 

be members of said board of overseers, to hold their offices 

for the terms hereinafter stated, and until others are elected 

Tenures defined, and qualified iu their places, to wit : two members for the 

term of one year, two for the term of two years, and two for 

the term of three years, from the third Monday of January, 

in the year one thousand eight hundred and sixty-six ; and 

Annually in Dec. Jn the iiionth of Dcccmber of each year, after said first elec- 

to elect two. ^.^^^^ ^^^ persous shall be elected, as aforesaid, to be members 

of said board for the term of three years, and until others 

Eligibility for sliall bc clectcd and qualified in their places. But no more 

re-election. i\\Q,\\ one of the six mcmbcrs, so to be elected, shall be 

eligible from any one ward of said city. 
Vacancies, coun- Yacancics occurriug in the board may be filled, by con- 
conourrent'vot'e^ currcut ballot of tlic city council, at any time, the member 
so elected to hold office for only the unexpired term of the 
member who has ceased to hold office. The city council 
May remove for shall also have powcr, at any time, for cause, to remove 
cause. either of said overseers from office. 

Organization of Section 3. Thc pcrsous SO first elected shall meet and be 
board. organized on the third Monday of January after their elec- 

tion ; and thercafterwards the board shall be organized 
annually on the third Monday of January. 



1865.— Chapter 197. 591 

Section 4. Said overseers shall perform the duties of the Duties and pow- 
overseers of the poor, of the directors of the almshouse and defined. 
of the truant commissioners in the city of Worcester, as 
required by the statutes of the Commonwealth, and subject 
to the ordinances of the city of Worcester, and there shall 
be elected no other officers for the performance of said duties 
in said city. 

Sections. The present board of overseers of the poor Present board to 

n t . n TTT 1 11 •• J 1 1 n /I • A" "0''^ until organ- 

lor the city of Worcester shall contuiue to hold their oinces ization of new. 
until the organization of the board elected as above, and no 
longer. 

Section 6. This act shall be submitted to a vote of the Act to be sub- 
people of the city of Worcester, at the annual election to be '^^ "^ ° ^*°^ ^' 
held in the month of November next, in such manner as the 
mayor and aldermen shall prescribe, and shall be void unless '^^"^ "^^ess 
accepted by the people upon such vote. And it shall be the Mayor and cierk 
duty of the mayor and of the clerk of said city, to return to tar/"ommo''n-'^^' 
the secretary of the Commonwealth a certificate, signed by ^"a^'tii- 
them, of the result of such vote. Approved May 5, 1865. 

An Act coxcernixg dogs. Chap. 197 

Be it enacted, ^"e., as follows : 

Section 1. Every owner or keeper of a dog shall, on or License from first 
before the thirtieth day of April in each year, cause it to be anY coUar*'worn. 
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 said dog is kept, and shall 
cause it to wear around its neck a collar, distinctly marked 
with its owner's name and its registered number, and shall Fees for record 
pay for such license, for a male dog two dollars, and for a *°'^'^^"'*- 
female dog five dollars. 

Section 2. The clerks of cities and towns shall issue said Municipal cierks, 
licenses, and receive the money therefor, and pay the same peMation!^ *^°™' 
into the treasuries of their respective counties, except in the 
county of Suffolk, on or before the first day of December of 
each year, retaining to their own use twenty cents for each 
license. 

Section 3. All moneys which may have been received by present fees, bai- 
towns under the provisions of chapter eighty-eight of the t "wn ex°penses^'"^ 
General Statutes, for the licensing of dogs, and not otherwise 
expended, shall be applied to the payment of ordinary town 
expenses. 

Section 4. Any person owning or keeping a licensed dog. Penalty, after 
who may have received a notice in accordance with section s°''for I'lberty of 
sixty-one of chapter eighty-eight of the General Statutes, that incensed dog. 
said dog is mischievous and dangerous, and who does not 



592 1865.— Chapter 198. 

kill it, or keep it thereafter from ever going at large, shall, 
on complaint, forfeit ten dollars ; and any person may kill 
said dog when going at large, as if the same were not licensed. 

Approved May 5, 1865. 

Chap. 198 An Act for supplying the town of great barrington with 

PURE WATER. 

Be it enacted, Sj-c, as follotos : 
Fire district, un- SECTION 1. Tlic Great Barnngton Fire District is hereby 
ers', ''Xy "'take authorizcd by and through the agency of three commission- 
Mountain^ Bro^' ers, to be appointed in the manner hereinafter provided, to 
and.jigws per- ^^ke, hold and convey to, into and through the village of 
Great Barrington, the water of East Mountain Brook, so 
called, flowing by the gun-shop now occupied by G. C. 
Crosby, and emptying into the Housatonic River, in said 
town of Great Barrington, and the waters which may flow 
into said brook, and any water rights connected therewith ; 
May take real and Said district may also take and hold, by purchase or 
Iary'purpos°r^^" othcrwisc, any real estate necessary for laying and maintain- 
ing aqueducts for conducting, discharging, disposing of and 
distributing water, and for forming reservoirs ; and also may 
take and hold any land on and around said stream, so far as 
may be necessary for the preservation and purity of the 
same, for the purpose of furnishing a supply of water for the 
town and village of Great Barrington, and for public 
purposes. 
May Duiid aque- SECTION 2. The said fire district may, by and through the 

ducts, dams, res- . i i -i i ./ / .< tj 

ervoirs, fountains samc agcucy, makc and build one or more permanent aque- 
TeloYelt^!^""^ ducts froui the brook aforesaid, to, into and through the said 
village, and have and maintain the same by any works suit- 
able therefor ; may erect and maintain dams to raise and 
retain the waters therein ; may make and maintain reservoirs 
within and without the said village ; may make and establish 
public fountains, and such public hydrants, in such places as 
may from time to time be deemed proper, and prescribe the 
purposes for which they may be used, and may change or 
May regulate use discontiiiuc the samc ; may distribute the water throughout 
of water. ^j^^ village ; may regulate the use of said water, and estab- 

May conduct lisli tlic priccs or rcuts to be paid therefor. And the said 
.under anraque- firc distHct may, for the purposes aforesaid, carry and con- 
duct or way. ^^^.^ j^j^y aqucducts or other works, by them to be made and 
constructed, over or under any water-course, street, turn- 
pike road, railroad, highway or other way, in such manner 
as not to obstruct or impede travel thereon, and may enter 
upon and dig up any such road, street or way, for the pur- 
pose of laying down pipes beneath the surface thereof, and 



1865.— Chapter 198. 593 

for maintaining and repairing the same ; and may do any- 
other things necessary and proper in executing the purposes 
of this act. 

Section 3. Three commissioners shall be chosen by the commissioners to 
said fire district by ballot, who shall, during their continu- triJt:" duties de- 
ance in office, execute, superintend and direct the perform- ^°®"*' 
ance and execution of all the works, matters and things 
mentioned in the preceding sections that are not specially 
otherwise provided for in this act ; they shall be subject to 
such ordinances, rules and regulations, in the execution of 
their said trust, as the said district may from time to time 
ordain and establish, not inconsistent with the provisions of 
this act, and the laws of this Commonwealth ; they shall Tenure of office, 
respectively hold their said offices for the term of three years, 
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 his or their 
defence, may be removed at any time, by vote of two-thirds 
of the voters present at any legal meeting of the district; 
and, in case of a vacancy in the board by death, resignation vacancy in board 
or removal, such vacancy may be filled by the appointment 
of another commissioner in the manner aforesaid, who shall 
hold his office for the residue of the three years, with all the 
powers and subject to the restrictions aforesaid. A major Quorum. 
part of said commissioners shall be a quorum to do business; 
they shall once a year, and whenever required by a vote of Annual report. 
the said district, make and present in writing a full and par- 
ticular statement of all their acts and doings, and of the 
condition and progress of the works aforesaid. 

Section 4. Before the appointment of the commissioners salaries to bees- 
aforesaid, the said district shall establish the salaries or appointment^. °'^ 
compensation to be paid to the commissioners for their 
services, and the said salaries or rate of compensation so 
established, shall not be altered during their continuance in 
said office. 

Section 5. Whenever the office of said commissioners Functions vested 
shall cease, either by the expiration of said term of three 1° 'reveTt^to°°ai" 
years, or by the completion of the works as mentioned in the *™'- 
foregoing sections of this act, all the rights, powers and 
authority given to the said fire district by this act shall then 
and thenceforth be exercised by the said fire district, subject 
to the duties, liabilities and restrictions herein contained, in 
such manner and by such officers and agents as the said 
district shall from time to time ordain and direct. 

Section 6. The said district shall be liable to pay all District to be lia- 
damages that shall be sustained by any persons in their toVrsons!'"*^'^ 



594 1865.— Chapter 198. 

property, by the taking of any land, water or water rights, 

or by the constructing of any aqueducts, reservoirs or other 

Party dissatisfied works for the purposcs sijecified in this act. And if any 

with award may i i ii j • t p • t , 

have county com- pcrsou who Shall sustaiu damage as aioresaid cannot agree 

i^oTears!^'"^"^ with said commissioners upon the amount of said damages, 
he may have them assessed by the county commissioners for 
the county of Berkshire, by making a written application 
therefor within two years after the said water or water rights 

If aggrieyed may shall havc bccn takcu uudcr this act; and if either party be 
ave jury. aggrieved by the doings of said commissioners in the esti- 
mation of said damages, he or they may have said damages 

Powers and pro- scttlcd by a iury ; and the said commissioners and iury shall 

cedure defined */ ^ •/ ^ ^ ^ "J ^ 

have the same powers, and the proceedings in all respects 
shall be conducted in the same manner, as is provided in 
chapter forty-three of the General Statutes with respect to 
highways. 
Town may, for SECTION 7. For the purposc of paying all costs and 

payment of costs, n ■, ■, -, , -, i • i i ini 

issue water scrip, expenses 01 sucli land, watcrs and water rights as shall be 
taken, purchased or held for the purposes of this act, and 
for the construction of all works necessary for the accom- 
plishment of the purposes aforesaid, and all expenses inci- 
dent thereto, the town of Great Barrington shall have 
authority to issue, from time to time, notes, scrip or certifi- 
cates of debt, to be denominated on the face thereof " Great 
Amount. Barriugtou Water Scrip," to an amount not exceeding in the 

Interest. wholc thc suin of twcuty-five tliousaud dollars, bearing inter- 

est at a rate not exceeding the legal rate of interest of this 
Payment. Commonwcalth ; and 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 
Scrip, how issued Or Certificates, respectively. All notes, scrip and certificates 
and recorded. ^^ ^^j^^ ^^ j^^ issucd as aforcsaid, shall be signed by thc treas- 
urer of the town, and a record of all such notes, scrip and 
certificates shall be made and kept by the said treasurer; and 
District may sell thc Said firc district may sell the same or any part thereof, 
orpe ge. from tiuic to time, at public or private sale, or pledge the 

same for money borrowed for the purposes aforesaid, on 
such terms and conditions as the said fire district shall judge 
proper. 
Town may tax SECTION 8. The towu of Great Barrington is hereby fully 
fo°r redtmptton^f authorized to assess and collect upon the polls and estate, 
^"'P' real and personal, in said fire district, all taxes necessary to 

pay the principal and interest of thc scrip that shall be sold 
or pledged by the said district as aforesaid. 
Unauthorized use SECTION 9. If any pcrsou shall use any of the said water 
r.remc y. ^^m^Q^^|. ^|^q conseut of thc Said district, an action of tort may 



1865.— Chapter 199. 595 

be maintained by the said district against him for the recov- 
ery of damages therefor ; and if any person shall wantonly Diversion or cor- 
or maliciously divert the water, or any part thereof, of said twor^inJuryTo 
brook, or of any streams or water-courses which shall be de°fined/°'^"'"'^'^ 
taken by the said district, pursuant to the provisions of this 
act, or shall corrupt the same, or render it impure, or destroy 
or injure any dam, aqueduct, pipe, conduit, hydrant, ma- 
chinery or other property, held, owned or used by the said 
district by the authority and for the purposes of this act, 
every such person shall forfeit and pay to the said district 
three times the amount of the damages that shall be assessed 
therefor, to be recovered by any proper action. And any Penalty, fine and 

1 *' ^ .^ ,. n ',^ r> ii imprisonment. 

such person, moreover, may, on conviction oi either oi tlie 
wanton or malicious acts aforesaid, be punished by fine not 
exceeding three hundred dollars, and imprisonment not 
exceeding one year. 

Section 10. There shall be a legal meeting of the voters Meeting of voters 
of the said fire district called within four years after the upon awepLnce 
passage of this act, for the purpose of having the said voters °f ^='- 
give in their written votes on the question whether they will 
accept this act; and if two-thirds of said votes shall be in the Twotuirdsaf- 
affirmativo, then the selectmen of the town of Great Barring- to votf' ^°^^ 
ton shall warn a meeting of the voters of said town within 
three months after, for the purpose of having said voters give 
in their written votes upon the question whether they will 
accept the same ; and if two-thirds of said votes given upon Town affirming, 
the question aforesaid be in the affirmative, then this act force; otherw4e 
shall be binding, otherwise it shall be null and void. ^°^'^- 

Section 11. This act shall take effect upon its passage. 

Approved May 5, 1865. 
An Act to ixcorporate the ciielsea and east boston street QJim)^ 199 

RAILWAY COMPANY. ^ ' 

Be it enacted, ^'c, asfoUoivs: 

Section 1. Hosea Ilsley, Nehemiah Boynton, James P. corporators. 
Farley, their associates and successors, are hereby made a 
corporation, by the name of the Chelsea and East Boston 
Street Railway Company; with all the privileges, and subject Powers. 
to all the duties, liabilities and requirements set forth in all 
general laws which now are or may hereafter be in force 
relative to street railway corporations. 

Section 2. Said company may, provided the mayor and May, with appro- 
aldermen of the cities of Boston and Chelsea shall determine IfdermTn o7bos- 
to locate its tracks within their respective cities, construct, const"uct^''from 
maintain and use a street railroad, with single or double termination of 

,1 .., . T . 1 1 c ii Suffolk road m 

tracks, with convenient and suitable turnouts, from the ter- Enst Boston to 
mination of the street railway known as the Suffolk Railroad, ^^''^^^^- 



596 1865.— Chapter 199. 

on Meridian street, in that part of Boston called East Boston, 
to the bridge connecting Boston and Chelsea known as Merid- 
ian Street Bridge, thence over said bridge and over snch 
streets in Chelsea as may be determined by the mayor and 
aldermen thereof, to some point in said city of Chelsea near 
the Maiden street station of the Eastern Railroad, or to some 
point near the proposed station of said Eastern Railroad near 
its intersection with the Salem turnpike. 
May lease or sell SECTION 3. Said company may lease or convey its tracks, 
' franchise or other property, to any street railway corporation 
May pijrc'iase with whosc tracks its tracks may connect, and may purchase 
tracks of other maintain and use any tracks of the Suffolk Railroad in East 
consent!*^ ''"'^ Bostou, and may enter upon and.use the tracks of any other 
street railroad company within the cities of Boston and Chel- 
sea, with the consent of the company owning the same, and 
the mayor and aldermen of the city within which the same 
may be located. 
Capital stock. SECTION 4. The Capital stock of said Chelsea and East 

Boston Street Railway Company shall not exceed one 
hundred thousand dollars, 
andchefsea^'after SECTION 5. Tlic Said cltics of Bostou and Chelsea, respec- 
ten years, may tivcly, may, at any time during the continuance of the charter 

purchase fran- c j.t • -i iv ^i • x- £• ^ c 

chise and pro- 01 this compauy, aiid alter the expiration oi ten years irom 
P^^'y- the opening for use of its said tracks, purchase of the com- 

pany hereby established all its franchise, rights and property 
Conditions. ill their respective limits, by paying to the said company 
therefor such sum of money as will reimburse to each person 
who may then be a stockholder therein, the par value of his 
stock, together with a net profit of ten per centum per annum 
from the time of the issue of his stock, deducting the divi- 
dends received by such stockholder thereon. 
wudi'n°?oad'un^ SECTION 6. Tiic prcccdiug sections of this act shall be 
der charter with- void if tlic Wluthrop Railroad Company shall, under the 
this* Ac? to^'^e provisions of its charter, within twenty days after locations 
void. J^ave been granted by the city of Boston, commence to build 

said railroad, and shall, within thirty days after such com- 
mencement, have completed the connection between the 
tracks of the Suffolli Railroad, in the city of Boston, and the 
Winnissimmet Railroad, in the city of Chelsea: provided^ 
Proviso: Win- koivever, tliat said location shall have been granted, and the 
commence by Said Wiiitlirop Railroad actually commenced, on or before 
July 15, '65. ^i^g fifteenth day of July, in the year eighteen hundred and 
sixty-five. 

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

Approved May 5, 1865. 



1865.— Chapters 200, 201, 202. 597 

Ax Act ix further additiox to ax act to incorporate the Chap. 200 

CAPE COD CENTRAL RAILROAD COMPANY. 

Be it enacted, ^'c, as follows: 

Section 1. The Cape Cod Central Railroad Company is May increase 
hereby authorized to increase its capital stock by an amount '^*^' "" ' 
not exceeding one hundred thousand dollars. 

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

Approved May 5, 1865. 
An Act relating to the salem and south dan vers railroad Chap. 201 

COMPANY. 

Be it enacted, §'c., as follows : 

Section 1. The Salem and South Danvers Railroad May issue bonds. 
Company is hereby authorized to issue bonds, secured by a 
mortgage of its road, equipment and franchise, or other real 
and personal property, upon the terms and conditions set 
forth in the sixty-third chapter of the General Statutes 
applicable to railroad corporations: provided, that the amount Pro^'fi,^^* *° 

PI 1 J 1 • Tin J. ^ a i.^ 111 exceed $o,000 per 

of bonds so to be issued shall not exceed five thousand clol- miie. 
lars for each mile of road actually built by said company. 

Section 2. The county commissioners for the county of use of Essex 
Essex may hereafter, upon the application of said company, commi'ssi'onerl 
and from time to time afterwards, but not oftener than once may revise award 
in two years, revise, alter and amend any decree or award 
made by them determining the amount of compensation to 
be paid to the Commonwealth by said company for the use 
of Essex ^v'l^gQ: provided, that no such revisal shall be made Proviso, 
at any time while said company shall be owing any amount 
on account of any previous award. 

Section 3. The county commissioners may make such commissioners 

-, - • J 1 may make award 

award or order concernmg costs and expenses, as may for costs. 
appear to them just and reasonable. 

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

Approved May 5, 1865. 

An Act in addition to an act to 

railroad compan" 
Be it enacted, ^c., as folloios: 

Section 1. All rights of the Winthrop Railroad Com- Time for locating 

, ,.° .f. ,• T.i ,• extended to June 

pany, granted under its act oi incorporation and the acts m i, '67. 
addition thereto, subject to any modifications of the same by 
the general laws relating to horse railways, are hereby 
revived ; and the time for accepting, locating and construct- 
ing said road, in the several cities and towns, is hereby 
extended to the first day of June, in the year eighteen 
hundred and sixty-seven. 

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

Approved May 5, 1865. 
28 



incorporate the winthrop Chap. 202 

IPANY. ^ 



598 1865.— Chapters 203, 204. 

Chap. 203 Ax Act in addition to an act to incorporate the boston 

SOCIETY OF natural HISTORY. 

Be it enacted, ^-c, as follows : 

forLr^poratepurl SECTION 1. The Bostoii Societj of Natural History shall 

poses. have power to hold real and personal estate, the clear annual 

income whereof shall not exceed the sum of twenty thousand 

dollars, to be applied exclusively to the purposes set forth in 

the act incorporating said society. 

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

Approved May 5, 1865. 

Chap, 204 An Act to incorporate the indemnity life insurance company. 

Be it enacted, §'c., as foUoics : 
Corporators. SECTION 1. Franklin Haven, Edward S. Tobey, Samuel 

H. Walley, their associates and assigns, are hereby made a 
corporation by the name of the Indemnity Life Insurance 
Location. Company, to be established and located in the city of Boston, 

Purpose. for the purpose of making insurance upon lives ; with all the 

Powers. powers aud privileges and subject to the duties, liabilities 

and restrictions set forth in all general laws that now are or 
may hereafter be in force and applicable to such corporations. 
May insure lives SECTION 2. Said compauy shall have power to insure 
su^jec to extra j^ygg ^jp pg^sons in uusouud health, or having any inherited 
or constitutional tendency to disease, or engaged in any 
hazardous occupation, or residing or proposing to reside in 
any unhealthful locality, or engaged in actual service in the " 
army or navy of the United States, or refused or liable to be 
refused insurance by any company for any cause whatsoever. 
Risks to be cias- SECTION 3. Bcforc any policy shall be issued the board of 
of^poS!^*''"^ directors shall divide the risks to be assumed by the said 
company into distinct and separate classes, and for each 
class tlicy shall establish a scale or table of premium rates to 
be paid by applicants for, and holders of policies issued by 
said company. 
Directors to as- SECTION 4. Whenever any pcrsou shall apply to the said 
to°dS'."'^''°^^ company for life insurance it shall be the duty of the officers, 
under such regulations as the board of directors may estab- 
lish, to assign the risk offered to one of the classes so estab- 
Premiums, how Hshod as aforcsaid, and the premium to be charged upon the 
deternuaed. policy issucd upou such application shall be determined in 
accordance with the table of rates corresponding to the class 
to which such risk may have been assigned. 
Capital stoci5. SECTION 5. The Capital stock shall be two hundred thou- 

siiares. saud dollars, and shall be divided into shares of one hundred 

Payment of capi- dollars cach, and the whole of such capital shall be paid in 
cash, before the said corporation shall 'go into operation for 
the purpose of making insurance. 



1865.— Chapter 205. 599 

Section 6. Whenever the net surplus receipts of the said Dmdends,con- 

, , , , '■ IP. • T ditions for, re- 

corporation, over the losses and expenses, and alter proviamg quired. 
for risks, shall be sufficient for the purpose, the stockholders 
shall be entitled to an annual dividend of seven per cent., or 
to such less dividend as may be agreed on at the time of sub- 
scribing for the stock ; and in case of such dividend not being 
made in any one year, it shall be made good at a subsequent 
period, when the net resources of the company shall be suffi- 
cient for paying the same. 

Section 7. Nothing contained in this act shall be con- Directors may 
strued to prevent the board of directors from modifying, of premium in 
altering and amending, in their discretion, the tables of *''''' **'^'*='^'"°°- 
premium rates, and the classes into which their risks may be 
divided, nor from imposing and charging an extra premium for 
the assumption of a special risk, not covered by the policy. 

Section 8. Within sixty days after the first day of Janu- valuation of 

, , 1 ' fj • 1 1 L liabilities to be 

ary in each year, except as heremaiter provided, a net made in January 
valuation of the liabilities of the company shall be made, '^^""''•"y- 
regarding four-fifths of the premiums charged on each policy 
as the net premium ; and after reserving a sufficient sum for 
interest dividends and to re-insure all outstanding risks, and 
meet other liabilities if any exist, the entire surplus or net surplus to be 
profits shall be set apart to be held by the company as a glTarantee'fundL' 
permanent guarantee fund, for the protection of the policy 
holders, and subiect to losses of the company ; but interest interest may 

-1 be T)a.id stock- 

thereon, at the rate of seven per centum, may be paid semi- holders. 
annually to the stockholders, pro rata. 

Section 9. Whenever the said guarantee fund, together Fund and capital, 
with the capital stock of the company, shall reach the sum of 
one millioif dollars, the further accumulation of profits shall 
cease, except as hereinafter provided, and the entire profits 
of the company may thereafter be proportionally divided DiTidends. 
among the stockholders : provided^ however^ that in case the ProTiso. 
said capital stock and guarantee fund shall at any time be 
reduced below said sum, by losses of the company or other- 
wise, no dividend other than for interest shall be paid to the 
stockholders until the said capital and guarantee fund shall 
be again made up to the sum of one million dollars. 

Section 10. This act shall take effect upon its passage. 

Approved May 9, 1865. 
An Act to apportion and assess a tax of four million seven Chop. 205 

HUNDRED THOUSAND DOLLARS. 

Be it enacted, §'<?•, as folloios : 

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 : 



600 



1865.— Chapter 205. 



Counties : 
Suffolk. 



Middlesex. 



Suffolk County. — Boston, one million five hundred and 
ninety-two thousand five hundred and one dollars ; Chelsea, 
thirty-seven thousand eight hundred and thirty-five dollars ; 
North Chelsea, three thousand nine hundred and forty-eight 
dollars ; Winthrop, two thousand one hundred and fifteen 
dollars. 

Essex County. — Amesbury, nine thousand one hundred 
and eighteen dollars ; Andover, thirteen thousand three 
hundred and ninety-five dollars ; Beverly, seventeen thou- 
sand two hundred and forty-nine dollars ; Boxford, three 
thousand and fifty-five dollars ; Bradford, four thousand two 
hundred and seventy-seven dollars ; Danvers, eleven thou- 
sand four hundred and twenty-one dollars ; Essex, four 
thousand seven hundred dollars ; Georgetown, four thousand 
one hundred and eighty-three dollars ; Gloucester, twenty- 
three thousand nine hundred and twenty-three dollars ; 
Groveland, three thousand six hundred and nineteen dol- 
lars ; Hamilton, two thousand three hundred and fifty 
dollars ; Haverhill, twenty-four thousand one hundred and 
eleven dollars ; Ipswich, seven thousand eight hundred and 
forty-nine dollars ; Lawrence, fifty-three thousand six hun- 
dred and seventy-four dollars ; Lynn, forty-eight thousand 
nine hundred and seventy-four dollars ; Lynnfield, two 
thousand nine hundred and fourteen dollars ; Manchester, 
three thousand nine hundred and ninety-five dollars ; Mar- 
blehead, thirteen thousand and sixty-six dollars; Methuen, 
six thousand six hundred and seventy-four dollars ; Middle- 
ton, one thousand nine hundred and seventy-four dollars ; 
Nahant, two thousand two hundred and fifty-six dollars ; 
Newbury, three thousand seven hundred and sixty dollars ; 
Newburyport, thirty-six thousand six hundred and sixty 
dollars ; North Andover, eight thousand eight hundred and 
thirty-six dollars; Rockport, six thousand nine hundred and 
fifty-six dollars ; Rowley, two thousand seven hundred and 
twenty-six dollars ; Salem, seventy-five thousand and fifty- 
nine dollars ; Salisbury, eight thousand six hundred and one 
dollars ; Saugus, six thousand two hundred and fifty-one 
dollars; South Danvers, eighteen thousand six hundred and 
fifty-nine dollars ; Swampscott, six thousand six hundred 
and seventy-four dollars ; Topsfield, three thousand four 
hundred and thirty-one dollars ; Wenham, two thousand 
three hundred and fifty dollars ; West Newbury, four 
thousand nine hundred and thirty-five dollars. 

Middlesex County. — Acton, four thousand three hundred 
and twenty-four dollars ; Ashby, two thousand seven hun- 
dred and twenty-six dollars ; Ashland, three thousand five 



1865.— Chapter 205. 601 

hundred and seventy-two dollars ; Bedford, two thousand 
four hundred and forty-four dollars ; Belmont, fourteen 
thousand eight hundred and ninety-nine dollars ; Billerica, 
five thousand three hundred and eleven dollars ; Boxborough, 
one thousand two hundred and twenty-two dollars ; Brighton, 
seventeen thousand three hundred and ninety dollars ; Bur- 
lington, two thousand and twenty-one dollars ; Cambridge, 
one hundred and eighteen thousand four hundred and eighty- 
seven dollars ; Carlisle, one thousand seven hundred and 
eighty-six dollars ; Charlestown, eighty-six thousand eight 
hundred and fifty-six dollars ; Chelmsford, seven thousand 
four hundred and twenty-six dollars ; Concord, seven thou- 
sand eight hundred and forty-nine dollars ; Dracut, five 
thousand six hundred and forty dollars ; Dunstable, one 
thousand eight hundred and eighty dollars ; Framingham, 
thirteen thousand six hundred and thirty dollars ; Groton, 
seven thousand nine hundred and ninety dollars ; HoUiston, 
seven thousand nine hundred and forty-three dollars ; Hop- 
kinton, eight thousand six hundred and one dollars; Lex- 
ington, eight thousand three hundred and nineteen dollars ; 
Lincoln, two thousand nine hundred and fourteen dollars ; 
Littleton, three thousand one hundred and two dollars ; 
Lowell, ninety-seven thousand four hundred and seventy- 
eight dollars ; Maiden, twenty thousand and twenty-two 
dollars ; Marlborough, fourteen thousand three hundred and 
eighty-two dollars ; Medford, twenty-four thousand nine 
hundred and fifty-seven dollars ; Melrose, eight thousand 
four hundred and thirteen dollars ; Natick, ten thousand one 
hundred and five dollars ; Newton, forty-four thousand and 
thirty-nine dollars ; North Reading, three thousand and eight 
dollars ; Pepperell, four thousand seven hundred and forty- 
seven dollars ; Reading, six thousand five hundred and 
eighty dollars ; Sherborn, four thousand one hundred and 
thirty-six dollars ; Shirley, three thousand four hundred and 
thirty-one dollars ; Somerville, twenty-seven thousand and 
seventy-two dollars ; South Reading, eight thousand eight 
hundred and thirty-six dollars ; Stoneham, seven thousand 
three hundred and seventy-nine dollars ; Stow, three thou- 
sand nine hundred and forty-eight dollars ; Sudbury, five 
thousand one hundred and seventy dollars ; Tewksbury, 
three thousand six hundred and sixty-six dollars ; Townsend, 
four thousand one hundred and eighty-three dollars ; Tyngs- 
borough, one thousand seven hundred and thirty-nine dol- 
lars ; Waltham, twenty-five thousand five hundred and 
twenty-one dollars; Watertown, thirteen thousand one hun- 
dred and thirteen dollars ; Wayland, three thousand two 



602 1865.— Chapter 205. 

hundred and ninety dollars ; West Cambridge, thirteen 
thousand and nineteen dollars ; Westford, four thousand 
eight hundred and eighty-eight dollars ; Weston, five thou- 
sand one hundred and twenty-three dollars ; Wilmington, 
two thousand seven hundred and seventy-three dollars ; 
Winchester, six thousand eiglit hundred and sixty-two dol- 
lars ; Woburn, twenty-four thousand six hundred and 
seventy-five dollars. 
Worcester. Worcester County. — Ashburnham, four thousand four 

hundred and eighteen dollars; Athol, six thousand one hun- 
dred and fifty-seven dollars ; Auburn, two thousand five 
hundred and thirty-eight dollars ; Barre, eight thousand 
eight hundred and eighty-three dollars ; Berlin, two thou- 
sand two hundred and nine dollars ; Blackstone, ten thousand 
eight hundred and fifty-seven dollars ; Bolton, three thou- 
sand four hundred and thirty-one dollars; Boylston, two 
thousand three hundred and fifty dollars ; Brookfield, five 
thousand two hundred and sixty-four dollars ; Charlton, four 
thousand seven hundred and forty-seven dollars ; Clinton, 
nine thousand eight hundred and seventy dollars ; Dana, one 
thousand four hundred and ten dollars ; Douglas, four thou- 
sand seven hundred and forty-seven dollars ; Dudley, three 
thousand six hundred and sixty-six dollars ; Fitchburg, 
twenty-one thousand five hundred and twenty-six dollars ; 
Gardner, five thousand one hundred and twenty-three dol- 
lars ; Grafton, nine thousand three hundred and fifty-three 
dollars ; Hardwick, five thousand four hundred and five dol- 
lars ; Harvard, four thousand six hundred and fifty-three 
dollars ; Holden, four thousand four hundred and eighteen 
dollars ; Hubbardston, three thousand eight hundred and 
seven dollars ; Lancaster, four thousand nine hundred and 
thirty-five dollars ; Leicester, seven thousand nine hundred 
and ninety dollars ; Leominster, nine thousand seven hun- 
dred and twenty-nine dollars ; Lunenburg, three thousand 
six hundred and nineteen dollars ; Mendon, three thousand 
three hundred and eighty-four dollars ; Milford, nineteen 
thousand and eighty-two dollars ; Millbury, seven thousand 
four hundred and seventy-three dollars ; New Braintree, two 
thousand six hundred and seventy-nine dollars ; North Brook- 
field, five thousand five hundred and forty-six dollars ; North- 
borough, four thousand three hundred and seventy-one dol- 
lars ; Northbridge, five thousand eight hundred and seventy- 
five dollars ; Oakham, one thousand seven hundred and 
eighty-six dollars ; Oxford, six thousand and sixty-three 
dollars ; Paxton, one thousand five hundred and ninety- 
eight dollars ; Petersham, three thousand five luindred and 



1865.-~Chapter 205. 603 

twenty-five dollars ; Pliillipston, one thousand six hundred 
and ninety-two dollars ; Princeton, three thousand eight 
hundred and fifty-four dollars ; Royalston, three thousand 
six hundred and sixty-six dollars ; Rutland, two thousand 
seven hundred and twenty-six dollars ; Shrewsbury, five 
thousand and seventy-six dollars ; Southborough, four thou- 
sand eight hundred and forty-one dollars ; Southbridge, eight 
thousand eight hundred and eighty-three dollars ; Spencer, 
seven thousand three hundred and seventy-nine dollars ; 
Sterling, five thousand three hundred and eleven dollars ; 
Sturbridge, four thousand six hundred and six dollars ; Sut- 
ton, five thousand eight hundred and twenty-eight dollars ; 
Templeton, five thousand four hundred and fifty-two dollars ; 
Upton, four thousand and eighty-nine dollars ; Uxbridge, 
eight thousand and eighty-four dollars ; Warren, five thou- 
sand three hundred and eleven dollars ; Webster, five thou- 
sand nine hundred and twenty-two dollars ; West Boylston, 
four thousand six hundred and six dollars ; West Brookfield, 
three thousand six hundred and nineteen dollars ; West- 
borough, seven thousand and ninety-seven dollars ; West- 
minster, three thousand eight hundred and seven dollars ; 
Winchendon, six thousand five hundred and thirty-three 
dollars ; Worcester, ninety-six thousand and twenty-one 
dollars. 

Hampshire Coujity. — Amherst, nine thousand one hun- Hampshire, 
dred and sixty-five dollars; Belchertown, five thousand nine 
hundred and sixty-nine dollars ; Chesterfield, two thousand 
and twenty-one dollars ; Cummington, one thousand nine 
hundred and twenty-seven dollars ; Easthampton, seven 
thousand nine hundred and ninety dollars ; Enfield, three 
thousand and eight dollars ; Goshen, eight hundred and 
forty-six dollars ; Granby, two thousand four hundred and 
forty-four dollars ; Greenwich, one thousand four hundred 
and ten dollars ; Hadley, six thousand three hundred and 
ninety-two dollars ; Hatfield, six thousand six hundred and 
seventy-four dollars ; Huntington, two thousand two hun- 
dred and fifty-six dollars ; Middlefield, one thousand eight 
hundred and thirty-three dollars ; Northampton, twenty- 
three thousand one hundred and twenty-four dollars ; Pel- 
ham, one thousand one hundred and seventy-five dollars ; 
Plainfield, one thousand three hundred and sixty-three * 

dollars ; Prescott, one thousand two hundred and twenty- 
two dollars ; South Hadley, five thousand five hundred and 
ninety-three dollars ; Southampton, two thousand six hun- 
dred and thirty-two dollars ; Ware, six thousand nine hun- 
dred and fifty-six dollars ; Westhanipton, one thousand four 



604 



1865.— Chapter 205. 



hundred and fifty-seven dollars ; Williamsburg, five thou- 
sand four hundred and ninety-nine dollars ; Worthington, 
two thousand one hundred and sixty-two dollars. 

Hampden. Hampden County. — Agawam, four thousand two hundred 

and thirty dollars; Blandford, two thousand eight hwndred 
and twenty dollars ; Brimfield, three thousand six hundred 
and nineteen dollars ; Chester, two thousand five hundred 
and thirty-eight dollars ; Chicopee, sixteen thousand seven 
hundred and thirty-two dollars ; Granville, two thousand 
eight hundred and sixty-seven dollars ; Holland, seven hun- 
dred and five dollars ; Holyoke, thirteen thousand and 
nineteen dollars ; Longmeadow, four thousand nine hundred 
and thirty-five dollars ; Ludlow, two thousand four hundred 
and forty-four dollars ; Monson, six thousand seven hundred 
and twenty-one dollars ; Montgomery, eight hundred and 
forty-six dollars ; Palmer, six thousand seven hundred and 

, twenty-one dollars ; Russell, one thousand one hundred and 

seventy-five dollars ; Southwick, three thousand one hun- 
dred and two dollars ; Springfield, sixty-six thousand nine 
hundred and seventy-five dollars ; Tolland, one thousand 
five hundred and four dollars ; Wales, one thousand three 
hundred and sixty-three dollars ; Westfield, sixteen thou- 
sand five hundred and forty-four dollars ; West Springfield, 
six thousand four hundred and eighty-six dollars ; Wilbra- 
ham, four thousand six hundred and six dollars. 

Frankun. Franklin County. — Ashfield, three thousand one hundred 

and ninety-six dollars ; Bernardston, two thousand four 
hundred and forty-four dollars ; Buckland, three thousand 
one hundred and forty-nine dollars ; Charlemont, two thou- 
sand and twenty-one dollars ; Colrain, three thousand three 
hundred and eighty-four dollars ; Conway, three thousand 
seven hundred and sixty dollars ; Deerfield, six thousand 
four hundred and eighty-six dollars ; Erving, nine hundred 
and eighty-seven dollars ; Gill, one thousand nine hundred 
and seventy-four dollars ; Greenfield, nine thousand four 
hundred dollars ; Hawley, one thousand four hundred and 
ten dollars ; Heath, one thousand two hundred and sixty- 
nine dollars ; Leverett, one thousand five hundred and 
ninety-eight dollars ; Leyden, one thousand four hundred 
and ten dollars ; Monroe, four hundred and seventy dollars ; 
• Montague, three thousand two hundred and ninety dollars ; 

New Salem, one thousand nine hundred and seventy-four 
dollars ; Northfield, three thousand eight hundred and 
seven dollars ; Orange, three thousand six hundred and 
nineteen dollars ; Rowe, nine hundred and eighty-seven 
dollars ; Shelburne, four thousand one hundred and eighty- 



1865.— Chapter 205. 605 

three dollars ; Shutesbury, one thousand two hundred and 
sixty-nine dollars ; Sunderland, two thousand one hundred 
and sixty-two dollars ; Warwick, one thousand five hundred 
and four dollars ; Wendell, one thousand one hundred and 
twenty-eight dollars ; Whately, three thousand three hun- 
dred and eighty-four dollars. 

Berkshire County. — Adams, seventeen thousand two hun- Berkshire. 
dred and two dollars ; Alford, one thousand six hundred 
and forty-five dollars ; Becket, two thousand six hundred 
and seventy-nine dollars ; Cheshire, three thousand six 
hundred and sixty-six dollars ; Clarksburg, seven hundred 
and fifty-two dollars ; Dalton, four thousand five hundred 
and twelve dollars ; Egremont, two thousand eight hundred 
and sixty-seven dollars ; Florida, one thousand three hun- 
dred and sixteen dollars ; Great Barrington, ten thousand 
eight hundred and fifty-seven dollars ; Hancock, two thou- 
sand three hundred and fifty dollars ; Hinsdale, four thou- 
sand and forty-two dollars ; Lanesborough, three thousand 
three hundred and thirty-seven dollars; Lee, eight thousand 
six hundred and forty-eight dollars ; Lenox, four thousand 
two hundred and thirty dollars ; Monterey, one thousand 
five hundred and ninety-eight dollars ; Mt. Washington, 
four hundred and seventy dollars ; New Ashford, five hun- 
dred and seventeen dollars ; New Marlborough, three thou- 
sand three hundred and thirty-seven dollars ; Otis, one 
thousand eight hundred and eighty dollars ; Peru, one 
thousand one hundred and twenty-eight dollars ; Pittsfield, 
thirty thousand four hundred and fifty-six dollars ; Rich- 
mond, two thousand five hundred and eighly-five dollars ; 
Sandisfield, three thousand two hundred and forty-three 
dollars ; Savoy, one thousand five hundred and ninety- 
eight dollars ; Sheffield, six thousand one hundred and 
fifty-seven dollars ; Stockbridge, six thousand two hundred 
and fifty-one dollars ; Tyringham, one thousand five hun- 
dred and fifty-one dollars ; Washington, one thousand five 
hundred and fifty-one dollars ; West Stockbridge, three 
thousand three hundred and eighty-four dollars ; Williams- 
town, five thousand nine hundred and twenty-two dollars ; 
Windsor, one thousand six hundred and forty-five dollars. 

Norfolk County. — Bellingham, two thousand five hundred Norfolk. 
and thirty-eight dollars ; Braintree, eight thousand four 
hundred and thirteen dollars ; Brookline, fifty thousand 
nine hundred and ninety-five dollars ; Canton, ten thousand 
seven hundred and sixteen dollars ; Cohasset, five thousand 
eight hundred and seventy-five dollars ; Dedham, twenty- 
three thousand three hundred and twelve dollars ; Dorches- 

29 



606 1865.— Chapter 205. 

ter, fifty-six thousand one hundred and eighteen dollars ; 
Dover, one thousand seven hundred and eighty-six dollars ; 
Foxborough, six thousand six hundred and seventy-four 
dollars ; Franklin, live thousand four hundred and fifty-two 
dollars ; Medfield, tl^ree thousand one hundred and two 
dollars ; Medway, six thousand seven hundred and twenty- 
one dollars ; Milton, eighteen thousand six hundred and 
twelve dollars ; Needham, eight thousand seven hundred 
and forty-two dollars ; Quincy, eighteen thousand six hun- 
dred and fifty-nine dollars ; Randolph, fourteen thousand 
eight hundred and fifty-two dollars ; Roxbury, one hundred 
and six thousand eight hundred and seventy-eight dollars ; 
Sharon, three thousand seven hundred and thirteen dollars ; 
Stoughton, nine thousand four hundred and ninety-four 
dollars ; Walpole, five thousand seven hundred and thirty- 
four dollars ; West Roxbury, forty-six thousand and thir- 
teen dollars; Weymouth, eighteen thousand five hundred 
and sixty-five dollars; Wrentham, seven thousand two 
hundred and thirty-eight dollars. 

Bristol. Bristol County. — Acushnet, three thousand two hundred 

and ninety dollars ; Attleborough, eleven thousand nine 
hundred and thirty-eight dollars ; Berkley, one thousand 
seven hundred and thirty -nine dollars ; Dartmouth, eleven 
thousand six hundred and fifty-six dollars ; Dighton, four 
thousand two hundred and thirty dollars ; Easton, nine 
thousand five hundred and eighty-eight dollars ; Fairhaven, 
eight thousand six hundred and forty-eight dollars ; Fall 
River, sixty thousand seven hundred and twenty-four dol- 
lars ; Freetown, three thousand six hundred and nineteen 
dollars ; Mansfield, four thousand two hundred and thirty 
dollars ; New Bedford, ninety-two thousand nine hundred 
and nineteen dollars ; Norton, four thousand four hundred 
and eighteen dollars : Raynham, five thousand four hundred 
and five dollars ; Rehoboth, four thousand and forty-two 
dollars ; Seekonk, two thousand five hundred and thirty- 
eight dollars ; Somerset, four thousand five hundred and 
fifty-nine dollars ; Swanzey, three thousand eight hundred 
and fifty-four dollars ; Taunton, forty-one thousand five 
hundred and ninety-five dollars ; Westport, seven thousand 
four hundred and seventy-three dollars. 

Plymouth. Plymouth County. — Abington, seventeen thousand four 

hundred and thirty-seven dollars ; Bridgewater, ten thou- 
sand two hundred and forty-six dollars ; Carver, two thou- 
sand four hundred and ninety-one dollars ; Duxbury, five 
thousand five hundred and forty-six dollars ; East Bridge- 
water, six thousand six hundred and seventy-four dollars ; 



1865.— Chapter 205. 607 

Halifax, one thousand eight hundred and eighty dollars; 
Hanover, three thousand nine hundred and one dollars ; 
Hanson, two thousand five hundred and thirty-eiglit dollars ; 
Hingham, eleven thousand eight hundred and ninety-one 
dollars ; Hull, seven hundred and fifty-two dollars ; Kings- 
ton, six thousand two hundred and ninety-eight dollars ; 
Lakeville, three thousand and eight dollars ; Marion, two 
thousand three hundred and ninety-seven dollars ; Marsh- 
field, four thousand four hundred and eighteen dollars ; 
Mattapoisett, three thousand and fifty-five dollars ; Middle- 
borough, eleven thousand four hundred and sixty-eight 
dollars ; North Bridgewater, twelve thousand seven hun- 
dred and thirty-seven dollars ; Pembroke, three thousand 
one hundred and ninety-six dollars ; Plymouth, sixteen 
thousand and twenty-seven dollars; Plympton, one thou- 
sand six hundred and ninety-two dollars ; Rochester, two 
thousand nine hundred and sixty-one dollars ; Scituate, 
four thousand eight hundred and forty-one dollars ; South 
Scituate, four thousand two hundred and seventy-seven 
dollars ; Wareham, five thousand one hundred and twenty- 
three dollars ; West Bridgewater, four thousand seven 
hundred and ninety-four dollars. 

Barnstable Coimty. — Barnstable, eleven thousand six BamstaWe. 
hundred and fifty-six dollars ; Brewster, three thousand 
nine hundred and forty-eight dollars ; Chatham, five thou- 
sand nine hundred and sixty-nine dollars ; Dennis, six 
thousand four hundred and eighty-six dollars ; Easthara, 
one thousand three hundred and sixty-three dollars ; Fal- 
mouth, seven thousand and fifty dollars ; Harwich, six 
thousand and sixteen dollars ; Orleans, three thousand two 
hundred and ninety dollars ; Provincetown, eight thousand 
one hundred and seventy-eight dollars ; Sandwich, eight 
thousand six hundred and ninety-five dollars ; Truro, two 
thousand four hundred and forty-four dollars ; Wellfleet, 
four thousand one hundred and thirty-six dollars ; Yar- 
mouth, seven thousand one hundred and forty-four dollars. 

Dukes County. — Chilmark, one thousand seven hundred Dukes. 
and eighty-six dollars ; Edgartown, five thousand three 
hundred and eleven dollars ; Gosnold, five hundred and 
seventeen dollars ; Tisbury, three thousand seven hundred 
and thirteen dollars. 

Nantucket County. — Nantucket, eleven thousand four Nactucket. 
hundred and twenty-one dollars. 

Recapitulation. — Suffolk County, one million six hundred Ke:apituiation. 
and thirty-six thousand three hundred and ninety-nine dol- 
lars ; Essex County, four hundred and forty-seven thousand 



608 1865.— Chapter 205. 

six hundred and seventy-five dollars ; Middlesex County, 
seven hundred and thirty-eight thousand eight hundred and 
eighty-seven dollars ; Worcester County, four hundred and 
sixteen thousand eight hundred and ninety dollars ; Hamp- 
shire County, one hundred and three thousand one hundred 
and eighteen dollars ; Hampden County, one hundred and 
sixty-nine thousand nine hundred and fifty-two dollars ; 
Franklin County, seventy thousand two hundred and sixty- 
five dollars ; Berkshire County, one hundred and forty-one 
thousand three hundred and seventy-six dollars ; Norfolk 
County, four hundred and forty thousand two hundred and 
two dollars ; Bristol County, two hundred and eighty-six 
thousand four hundred and sixty-five dollars ; Plymouth 
County, one hundred and forty-nine thousand six hundred 
and forty-eight dollars ; Barnstable County, seventy-six 
thousand three hundred and seventy-five dollars ; Dukes 
County, eleven thousand three hundred and twenty-seven 
dollars ; Nantucket County, eleven thousand four hundred 
and twenty-one dollars. 
Treasurer to iasue SECTION 2. The trcasurcr of tlic Commouwealth shall 
warrants. forthwith scud his Warrant, with a copy of this act, directed 

to the selectmen or assessors of each city or town, taxed as 
aforesaid, requiring them respectively to assess the sum so 
charged, according to the provisions of the eleventh chapter 
of the General Statutes, and to add the amount of such tax 
to the amount of town and county taxes to be assessed by 
them respectively on each city or town. 
Warrant to re- SECTION 3. Thc trcasurcr, in his said warrant, shall 
ra^r^y^^towM require the said selectmen or assessors to pay, or to issue 
treasurer^"^*^ '° their scvcral warrant or warrants, requiring the treasurers of 
their several cities or towns to pay to said treasurer of the 
Commonwealth, on or before the first day of December, in 
the year one thousand eight hundred and sixty-five, the sums 
set against said cities or towns in the schedule aforesaid ; 
Names of treas- and the sclcctmen or assessors, respectively, shall return a 
urers, wUh sums certificate of the names of such treasurers, with the sum 

requireu, lODe ^ i-t 

returned. wlucli cacli may bc required to collect, to the said treasurer 

of the Commonwealth, at some time before the first day of 

October next. 

Treasurer of SECTION 4. If the amouut due from any city or town, 

•tono'ufyhrcise ^s providcd iu this act, is not paid to the treasurer of the 

of delinquency. Commonwcalth 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, 

Penalty. in addition to the tax, such further sum as would be equal 

to one per centum per month during such delinquency, 



1865.— Chapters 206, 207, 208. 609 

dating on and after the first day of December next ; and if j^„ •= l^^6g "p^^'I 
the same remains unpaid after the first day of January next, rant of distress 
an information may be filed by the treasurer of the Com- *°'^^"®- 
mon 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 9, 1865. 

An Act in relation to the assessments of taxes. Chap. 206 

Be it enacted, Sfc, as folloius : 

Section 1. The fifth section of chapter eleven of the Mechanics' tools 

/-, iri .11 n T T • J^ ' ±1 J exempted to $300 

(ieneral Statutes is hereby so lar amended in the sixth ana value. 

seventh clauses, that the tools of a mechanic necessary for 

carrying on his business, are exempted from taxation only to 

an amount not exceeding three hundred dollars in value ; 

and only such houses of religious worship are exempted from nouses of wor- 

taxation as are owned by a religious society, or held in trust ^ '^' 

for the use of religious organizations. 

Section 2. Section fifty of chapter eleven of the General g- m 5o oh. ii 
Statutes is hereby repealed. 

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

Approved May 9, 1865. 

An Act relating to witnesses. Chap. 207 

Be it enacted, Sfc, as follows : 

Section 1. Whenever the contract or cause of action in Death of pnnd- 

-, , . I -I ,i-,i J.J.1 Pfil iiot to exclude 

issue and on trial was made or transacted with an agent, the witness in cause 
death or insanity of his principal shall not prevent any party tlJ^^"^ "°"'^^" 
to the suit or proceeding from being a witness in the case : 
provided, such agent shall be living and competent to testify. 

Section 2. Whenever the contract or cause of action in wife being agent 
issue and on trial was made or transacted with the wife of testify, ' though 
any one of the parties, in the absence of her husband, she «>°t party in suit. 
may be a witness for either party, although not joined in the 
suit ; but she shall not be allowed to testify as to private 
conversations with her husband. Approved May 9, 1865. 

An Act concerning juvenile offenders. Chap. 208 

Be it enacted, ^c, as folloivs : 

Section 1. No person under the age of ten years shall be Minors under ten 
sentenced to a jail or house of correction, except for non- ^^'"'^' ^®'' ®°'®" 
payment of fine, or fine and costs. 



610 1865.— Chapters 209, 210. 

Houses of refor- SECTION 2. The couiity commissioiiers of the several 

™mm?s'sioDer8" ^ couiities may, in their discretion, establish therein, at the 

™o*uthT*'' *°'' expense of the county, houses of reformation, to which 

offenders under the age of sixteen years may be sentenced 

in all cases punishable by law with imprisonment, or for 

non-payment of fine, or fine and costs. 

Town may assign SECTION 3. Any city or towu in such county may assisrn 

for truants et al., i i /» r" x- j.i • j.-j_ j_' • t n ? 

and pay support! such housc 01 rciormatiou as the institution provided for 

persons convicted of being habitual truants, or of the offences 

described in chapter two hundred and seven of the acts of 

the year eighteen hundred and sixty-two, and in such case 

shall pay such sum for the support of those committed 

thereto as the county commissioners shall determine. 

Commissioners, SECTION 4. The Said commissioncrs, except in the county 

to'^mate govern- of Suffolk, sliall luakc all suitable regulations for the govern- 

tocharg".^ "^^^ ment and control of said houses of reformation, and the 

appointment of teachers and officers thereof; and they shall 

have power at any time to discharge any person sentenced to 

In Suffolk, iiow said institution ; and in the county of Suffolk the board of 

c arge . dircctors for public institutions shall have like authority to 

discharge persons from the House of Employment and 

Reformation for Juvenile Offenders, established in the city 

of Boston. Approved May 9, 1865. 

Chap. 209 An Act relating to the salary of the assistant-clerk of 

THE COURTS OF THE COUNTY OF MIDDLESEX. 

Be it enacted, ^'c, as follows : 
Established from Froiu aud aftcr the first day of April, in the year one 
^" ' ■ thousand eight hundred and sixty-five, the assistant-clerk of 
the courts of the county of Middlesex shall receive an annual 
salary of fifteen hundred dollars. Approved May 9, 1865. 

Chap. 210 An Act relating to land damages and other claims con- 

"' NECTED with the troy and GREENFIELD RAILROAD AND HOOSAC 

TUNNEL. 

Be it enacted, Sj'c, as follows : 

Commissioners, SECTION 1. The commissioncrs on the Troy and Green- 

JineraKm°ay7i- ficld Railroad aud Hoosac Tunnel, appointed in pursuance 

iand*^and%or ^^ cliaptcr ouc huudrcd and fifty -six of the acts of the year 

struction prior eightccn hundred and sixty-two, are hereby authorized, with 

reifeve '' Tncum'^ thc aid and advicc of the attorney-general, to audit and allow 

brances. j^jj j^gj. dajiyig qj-^ accouut of land taken or purchased for the 

location and construction of said road and tunnel, which 

accrued prior to the sixth day of April in the year eighteen 

hundred and sixty, and are still outstanding ; and to procure 

the discharge of all incumbrances upon the land referred to ; 

and the accounts thus audited and allowed shall be trans- 



1865.— Chapters 211, 212. 611 

mitted to the governor, and if approved by the governor and Accounts, if ap- 
coiincil, shall be paid out of the treasury of the Common- ernor an/co^un- 
wealth, to an amount not exceeding fifteen thousand dollars, f^i^) '« "^^ paid. 

Section 2. Said commissioners, with the aid and advice commissioners to 
of the attorney-general, are further authorized and directed anTkurat^un^. 
to inquire into the existing title to the shaft at the west end ''®^- 
of the Hoosac Tunnel, and the land upon which said shaft is 
located, the cost of said shaft and land, up to the time the 
Commonwealth took possession thereof, and the present 
value of the same to the Commonwealth, and to report the 
result of their investigation to the governor and council, to 
be communicated to the next legislature. 

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

Approved May 9, 1865. 

An Act ix further addition to an act providing for the more CJiap. 211 

SPEEDY COMPLETION OF THE TROY AND GREENFIELD RAILROAD AND "' 
HOOSAC TUNNEL. 

Be it enacted, Sfc, as follows : 

Section 1. For the further prosecution and completion of Appropriation for 
the Troy and Greenfield Railroad and Hoosac Tunnel, an,d i^ntlre'^tTpon'"''** 
the payment of interest upon such scrip as has been or may ^''"f- 
be issued during the progress of the work, there is hereby 
appropriated the sum of eight hundred thousand dollars, in 
addition to the amount provided in chapter two hundred and 
fourteen of the acts of the year eighteen hundred and sixty- 
three ; such sum, for the purposes aforesaid, to be raised in Money, how 
the manner provided in said chapter. ^^^^''^' 

Section 2. The commissioners are hereby authorized to commissioners 
proceed with the construction and completion of that part of east of "tunneMn 
the Troy and Greenfield Railroad lying east of the Hoosac tueir discretion. 
Tunnel, at such time and hi such manner as in their judg- 
ment will best serve the interest of the Commonwealth. 

Approved May 9, 1865. 



Chap. 212 



An Act relating to the taking of menhaden in the waters of 
buzzard's bay and vineyard sound. 

Be it enacted, §"c., as folloivs : 

From and after the passage of this act it shall be lawful Any person may 
for any person to take menhaden by the use of the purse wuii^purseVine. 
seine, so called, in the waters of Buzzard's Bay or of Vine- 
yard Sound, or the waters of any bays, inlets or rivers bor- 
dering on or flowing into the same : provided, that no ProTisos. 
authority shall be hereby given to use any such seine at the 
mouth of any river where there now is or where there may 
hereafter be a herring fishery established by law, until after the 
fifteenth day of June in each year; and provided, further, that 



612 



1865.— Chapters 213, 214. 



Chap. 213 

Corporators. 



no authority shall be hereby given to use any seine in the 
waters around Nantucket or the islands belonging thereto. 

Approved May 9, 1865. 

An Act to incorporate the boston wheat and bread company. 
Be it enacted^ ^c, as follows : 

Section 1. Steuben T. Bacon, Sylvanus A. Denio, Theo- 
dore H. Seavy, their associates and successors, are hereby 
made a corporation, by the name of the Boston Wheat and 
Bread Company, for the purpose of manufacturing machinery 
and tools for making bread, and also for milling grain and 
making bread in the city of Boston, or elsewhere in this 
Commonwealth ; with all the powers and privileges, and sub- 
ject 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. Said corporation may hold such real and per- 
sonal estate as may be necessary for the purposes aforesaid : 
provided, that the whole capital otock thereof shall not 
exceed two hundred and fifty thousand dollars, which shall 
be divided into shares of one hundred dollars each ; and 
provided, furlher, that it shall not go into operation until 
seventy-five thousand dollars of its capital stock has been 
paid in. 

Section 3. Said corporation may at any time increase its 
capital stock by adding thereto an amount not exceeding two 
hundred and fifty thousand dollars, which shall be divided 
into shares of one hundred dollars each, whenever a majority 
in interest of its stockholders, at a meeting called for that 
purpose, shall so determine. 

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

Approved May 9, 1865. 

Chap. 214 -^ -A^CT to incorporate the WORCESTER COUNTY FREE INSTITUTE 

OF INDUSTRIAL SCIENCE. 

Be it enacted ., §'c., as follows : 

Section 1. George F. Hoar, Seth Sweetser, their asso- 
ciates and successors, are liereby made a body corporate, by 
the name of the Worcester County Free Institute of Indus- 
trial Science, for the purpose of establishing and maintaining 
in the city of Worcester, an institution to aid in the advance- 
ment, development and practical application of science, in 
connection with arts, agriculture, manufactures, mercantile 
business and such other kindred branches of practical educa- 
tion as said corporation shall determine ; with all the powers 
and privileges, and subject to all the duties and liabilities 
set forth in all laws which now are or may hereafter be in 



Purposes. 



Location. 
Powers. 



E.state. 



Capital. 



Pre-payment 
required. 



May increase 
capital. 



Shares. 



Corporators. 



Purpose. 
Location 



Powers. 



1865.— Chapter 215. 613 

force, and applicable to such corborations. The mayor of pyor of city 

• f> ITT- f 1 • 1 • in zt' • 1 '° ^^ member 

the City 01 Worcester, lor the time being, snail, ex ojjicio, be ex officio. 
a member of said corporation, and one meniljer shall be Appointment, 

- Ti»i' /> !_• j_ i.' ^^'^ limitation Of 

appointed by the board ol education, Irom time to time, as a number of mem- 
vacancy may occur ; and said corporation shall not consist ^^^^' 
of more than twelve members at any one time. 

Section 2. Said corporation shall have authority to ^lay^h^^l^^*^'^ 

, 1111-r. .1 1 .. 1 Of $450,000, for 

accept and hold in lee simple, or any less estate, any real or corporate pur- 
personal estate to an amount not exceeding four hundred ^°'°^^" 
and fifty thousand dollars, to be devoted exclusively to the 
purposes aforesaid, and in conformity with conditions made 
by any donor, not inconsistent with this act, expressed by 
him in writing, and recorded in the records of said insti- 
tution. 

Section 3. Said corporation may establish separate May establish 

-, , , n . ,. r> ' , ,• 1 • I 1 'i scientific depart- 

departments ol scientific instruction and pursuit whenever it ments and receive 
can be done without interfering with the unity of purpose of g°ant3^'" ^^''"^^ 
said institution or the government and management of the 
same, may designate and distinguish such departments by 
specific names, and accept any moneys for the special 
advancement of said departments : provided, that no moneys Proviso. 
shall be applied to any uses or purposes not embraced within 
the general design of said institution as expressed in this act. 

Approved May 9, 1865. 

Ax Act to incorporate the south of europe steam-ship com- Chap. 215 

PANY. 

Be it enacted, Sfc, as foUoios : 

Section 1. Alfred C. Hersey, Oliver Brewster and E. corporators 
Hasket Derby, their associates and successors, are hereby 
made a corporation by the name of the South of Europe 
Steam-ship Company, with all the powers and privileges and Powers, 
subject to all the duties, liabilities and restrictions set forth 
in all general laws of this Commonwealth which now are or 
hereafter may be in force relating to such corporations. 

Section 2. Said corporation is hereby empowered to May bmid or 

i-iTi,iiT T ii- 1 charter vessels 

build, charter, hold and convey one or more steam-ships and and use between 
steam propellers, and to employ the same in transporting '^"'*'°p'"^'^' 
passengers and freight between the city of Boston and any 
port or ports of the Mediterranean Sea, or of the Azores 
Islands. 

Section 3. The capital stock of said corporation shall not capital stock. 
exceed six hundred thousand dollars, and shall be divided 
into shares of the par value of one hundred dollars each, shares. 
Said corporation shall have power to fix its capital within 
said amount and from time to time increase the same so as 
not to exceed such limits, and shall have power to assess 

30 



614 



1865.— Chapters 216, 217. 



Condition of 
issue. 



Real estate. 



Conditions of 
validity of Act. 



Cha} 



from time to time upon such shares, such suras as may be 
deemed necessary to accomplish its object, not exceeding the 
par value of such shares. No certificates of stock shall be 
issued until the par value thereof shall have actually been 
paid in, and no steam-ship or propeller shall be run until at 
least fifty thousand dollars of its capital shall have been 
subscribed. 

Section 4. Said corporation may hold real estate to an 
amount not exceeding one hundred thousand dollars. 

Section 5. If said corporation shall not, within one year 
from the passage hereof, have been organized, and have col- 
lected 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 
steam-ships or steam propellers employed between said city 
of Boston and said port or ports, 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. 

Approved May 9, 1865. 

\). 216 An Act relating to the trustees of the haverhill congrega- 
tional MINISTERIAL FUND. 

Be it enacted^ §'c., as follows : 

Section 1. The Trustees of the Haverhill Congregational 
Ministerial Fund may invest all the money belonging to said 
fund, in the manner in which savings banks in this Com- 
monwealth may now or hereafter invest their funds. 

Section 2. So much of the thirty-second chapter of the 
acts of the year eighteen hundred and twenty-three as is 
inconsistent with this act, is hereby repealed. 

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

Approved May 9, 1865. 
Chap. 217 ^^ Act to incorporate the American safety steam-engine 

COMPANY. 

Be it enacted, §'c., as folloivs : 

Corporators. Section 1. Daniel Harwood, George 0. Carpenter, Charles 

T. Thayer, their associates and successors, are hereby made 
a corporation, by the name of the American Safety Steam- 

Purpose. Engine Company, for the purpose of manufacturing steam- 

engines, generators, boilers and other machinery, and hold- 
ing and owning patents therefor and dealing therewith ; with 

Powers. all the powers and privileges, and subject to all the duties, 

restrictions and liabilities set forth in all general laws which 
are now or may hereafter be in force relating to manufacturing 
corporations. 



May invest in 
manner as sav- 
ings bank. 



Portion of Act of 
'23 repealed. 



1865.— Chapters 218, 219. 615 

Section 2. The said corporation shall have its place of Location. 
business in the city of Boston, and may establish manufac- 
tories in any town in the Commonwealth ; and for this pur- 
pose may hold real estate to an amount not exceeding two Reai estate. 
hundred thousand dollars. The whole capital stock of said capuai stock. 
corporation shall not exceed five hundred thousand dollars, 
and shall be divided into shares of one hundred dollars each, shares. 

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

Approved May 9, 1865. 
Ax Act to incorporate the new England consolidated coal Chap. 218 

COMPANY. 

Be it enacted, ^t., as follows: 

Section 1. George A. Shaw, John B. Taft, Matthew Bart- corporators. 
lett, their associates and successors, are hereby made a cor- 
poration, by the name of the New England Consolidated Coal 
Company, for the purpose of mining, transporting and dealing Purpose. 
in anthracite coal ; and for that purpose shall have all the Powers, 
powers and privileges, and be subject to all the duties, 
restrictions and liabilities set forth in all general laws which 
now are or may hereafter be in force relating to such 
corporations. 

Section 2. The capital stock of said corporation shall not capital stock. 
exceed one million dollars, and shall be divided into shares shares. 
of one hundred dollars each : provided, hoivever, that said Proviso, 
corporation shall not go into operation until the sum of two 
hundred thousand dollars of the capital stock has been paid 
in. Said corporation may hold such real and personal estate Estate. 
as may be necessary or convenient for the purposes set forth 
in this act. 

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

Approved May 9, 1865. 

A-N Act for the protection of alewives and other fish in Chap. 219 

mystic river. 
Be it enacted, §•<?., as follows : 

Section 1. No fish shall be taken within fifty rods of any Taking prohibit- 

f. 1 ... 1 ' r± ± ^ ± J. 1 ed within certaia 

nshway now existing or hereaiter to be constructed over or time and umits. 
at any dam in the towns of Medford, West Cambridge and 
Winchester, between the first day of April and the fifteenth 
day of June. 

Section 2. Any person violating the provisions of this Penalty for vioia- 
act shall be liable to a penalty of fifty cents for each and 
every fish so taken. 

Section 8. All prosecutions under this act shall be com- Prosecutions, 
menced within thirty days from the time of the commission 
of the offence. 

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

Approved May 10, 1865. 



616 1865.— Chapters 220, 221, 222. 

Chap. 220 -^N Act in addition to an act to incorporate the Massachu- 
setts INSTITUTE OF TECHNOLOGY. 

Be it enacted, §"c., as follows : 

May hold estate SECTION 1. The Massachusetts Institute of Technology is 

$3o,ooo"'p^*' an- hcrcby authorized to hold real and personal estate to an 

raTpu?poses7°' amouut of whicli the clear annual income shall be thirty 

thousand dollars, to be devoted exclusively to the purposes 

and objects set forth in its act of incorporation and all acts 

in addition thereto. 

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

Approved May 10, 1865. 



Chap 



. 221 -^^ '^'^^ ^^ ADDITION TO AN ACT TO INCORPORATE THE TEMPORARY 
HOME FOR THE DESTITUTE. 



Be it enacted, §'c., as folloios : 

May hold estate SECTION 1. The Temporary Home for the Destitute may 
for corporate pur- j^^j^j ^^.g^^j ^^-^^ pcrsonal cstatc for tlic purposcs for which it 

was established, to an amount not exceeding thirty thousand 

dollars. 

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

Approved May 10, 1865. 

Chap. 222 ^^ ^^'^ CONCERNING THE FITCHBURG RAILROAD COMPANY. 

Be it enacted, Sfc, as follows : 

May extend wharf SECTION 1. The Fitcliburg Railroad Company is hereby 
oa pues^"^*^'"'^"' authorized to extend its wharf at Charlestown, near Warren 
Bridge, on piles, over any portion or the whole of an area 
included within the present wharf and bridge of said corn- 
Line defined. paiiy and a line drawn as follows, to wit : beginning at the 
westerly end of the southerly side of said company's wharf 
at the first angular point therein, distant one hundred and 
thirty feet from Warren Bridge, and thence running north- 
westerly, in a direct line, to the easterly side of said com- 
pany's railroad wharf and bridge, over Charles River to a 
point one hu.ndred and fifty-nine feet distant northerly, 
measured on the line of said railroad bridge and wharf, from 
the middle of the northerly coal shoot on said railroad loridge 
Harbor eommis- and wliarf. The liarbor commissioners may prescribe the 

s^oners may di- ^-^q^^^q^ ^f building Said CXtcnsion. 

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

Approved May 10, 1865. 



1865.— Chapters 223, 224. 617 

An Act to prevent evasions of the provisions of section Chap. 223 

FIFTY-EIGHT OF THE EIGHTY-SIXTH CHAPTER OF THE GENERAL 
STATUTES. 

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

Section 1. No case in court for the violation of the pro- Prosecutions for 
visions of the eighty-sixth chapter, or of sections six, seven, any"'^ immoral 
eight or nine, of the eighty-seventh chapter of the General tere^tTherelnJot 
Statutes, shall be laid on file or disposed of except by trial, ^ ^^aT'^rf^[^^ 
iudament, acquittal or sentence, as the case may be, accord- course, except for 

• °. .I ^ p T • • • 1 reason certified 

nig to the regular course oi proceedmgs m crimmal cases, by judge. 
unless in any case the purposes of justice require other dis- 
position thereof, to be shown upon a written motion setting 
forth specifically the reasons therefor, and verified by affidavit 
where facts are relied on ; and in such case the motion shall 
be allowed only upon the certificate of the presiding magis- 
trate or judge, that he is satisfied that the cause relied on 
exists, and that the interests of public justice require the 
allowance thereof, which certificate shall be filed in the case. 

Section 2. It shall be the duty of the judges, by a strict compliance 
frequent examination of the dockets of their several courts, '^*i"''^^ • 
to see that the provisions of this act are strictly complied 
with. 

Section 3. Nothing in this act shall be construed to Exceptions pend- 
affect in any way the course of proceedings where exceptions apl'iy 
are pending. Approved May 12, 1865. 

An Act providing for additional trustees for the nautical Chap. 224 

BRANCH OF THE STATE REFORM SCHOOL. 

Be it enacted., §'c., as follows : 

Section 1. The government of the Nautical Branch of Number trustees 
the State Reform School shall hereafter be vested in a board *^ 
of seven trustees. 

Section 2. The trustees now in office, appointed by the incumbents to 
governor and council, shall continue to hold their offices ^e^cuon'three"*^^' 
until the terms thereof expire, according to the provisions of 
this act. 

Section 3. As soon as convenient after the passage of two additional, 
this act, the governor and council shall appoint two addi- 
tional trustees. The term of office of the senior member, as Terms of trustees 
they stand arranged on the list of their appointment, shall *vednesdlv^Tn 
terminate on the first Wednesday in February in each year, February." 
and the name of the person appointed to fill the vacancy 
shall be placed at the bottom of the list. Other vacancies other vacancies, 
may at any time be filled, and the name of the person •*°^fi"«'^- 
appointed shall be substituted in the list for the remainder 
of the vacant term, and any person may be reappointed. , 



618 1865.— Chapters 225, 226. 

Appointees of TliG trustees now in office, by appointment from the Boston 
and marine so- Boai'd of Trade and the Boston Marine Society, respectively, 
present°terast sliall remain in office for the term for whicli they are 
maV annually.'' appointed, and the said Board of Trade and the said Marine 

Society shall each, annually, appoint one trustee for the term 

of one year from the said first Wednesday in February, who, 

with the five trustees appointed by the governor and council 
Removable for as aforcsaid, shall constitute the board. The trustees shall 

be removable only for sufficient cause. 
Expenses auowed SECTION 4. The trusteos sliall rcccive no compensation 

for their services, but shall be allowed all expenses incurred 

by them in the discharge of their duties. 
Repeal :^Ct. s. § SECTION 5. Scctiou thirteen of chapter seventy-six of the 
"' ' ' ' General Statutes, and so much of section twelve of the same 

chapter as is inconsistent with this act, are hereby repealed. 
Section 6. This act shall take effect upon its passage. 

Approved May 12, 1865. 

Chap. 225 An Act in addition to an act relating to the Cambridge 

cemetery. 
Be it enacted, Sfc, as follows : 

Act of '55, ch. The fourth section of the forty-fourth chapter of the acts 
44, §4, amended, ^f the year eighteen hundred and fifty-five is hereby 
amended by substituting December lor January in the 
second line thereof. Approved May 12, 1865. 

Chap. 226 ^^ Act to incorporate the adams sugar refinery. 

Be it enacted, ^c, as follows : 

Corporators. SECTION 1. Sctli Adams, Isaac Adams and George H. 

Everson, their associates and successors, are hereby made a 

corporation by the name of the Adams Sugar Refinery, for 
Purpose. the purpose of refining sugar in the city of Boston ; with all 

Powers. 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 relative to such 

corporations. 
Capital stocii. SECTION 2. The Capital stock of said corporation shall 

not exceed seven hundred thousand dollars, which shall be 
Shares. dividcd iuto shares of one hundred dollars each ; and said 

Real estate. corporatioii may hold for the purpose aforesaid real estate to 

an amount not exceeding four hundred and fifty thousand 
Payment of capi- dollars, aud sliall uot commencc business until two hundred 
*''^' thousand dollars of its capital stock shall have been paid in. 

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

Approved May 12, 1865. 



1865.— Chapters 227, 228, 229, 230. 619 



IX ACT INCORPORATING THE NEW ENGLAND ChctD. 227 
FEAM PACKET COMPANY. 



An Act to amend an 

STEAM 

Be it enacted^ ^'c, as follows : 

The New England Steam Packet Company are hereby May transport 

DGtwGcii Boston 

authorized and empowered to run any of their steam-ships saco and Bidde- 
or steam propellers to the ports of Saco and Biddeford in the ^°^*^' 
state of Maine, and to employ the same in transporting 
passengers and freight between the port of Boston, and the 
said ports of Saco and Biddeford. Approved May 12, 1865. 

An Act relating to the compensation of members and officers QJia/p. 228 

OF THE legislature. "' 

Be it enacted, ^'c, as follows: 

Section 1. Sections thirteen, fourteen, eighteen and «• s. §§ is, u, 

18 19 ch 2 re- 

nineteen of the second chapter of the General Statutes are peiied'. " ' 
hereby repealed. 

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

Approved May 13, 1865. 



Chap. 229 



Cha'p. 230 



An Act to change the name of the third baptist society in 

haverhill. 

Be it enacted, ^'c, as follows: 

The Third Baptist Society in Haverhill shall hereafter be 
called and known by the name of the Portland Street Baptist 
Society. Approved May 13, 1865. 

An Act relating to the settlement and relief of persons 

WHO HAVE served IN THE ARMY AND NAVY OF THE UNITED 

states. 

Be it enacted, ^'c, as follows : 

Section 1. Any person who shall have been duly enlisted soWier or saiior 
and mustered into the military or naval service of the anTdfingt beuig 
United States, as a part of the quota of any city or town in iured'^V^r^" 
this Commonwealth, under any call of the president of the oftown o?who°e 
United States, during the recent civil war, and who shall quota he was. 
have continued in such service for a term not less than one 
year, or who shall have died or become disabled from wounds 
or disease received or contracted while engaged in such 
service, or while a prisoner in the hands of the enemy, and 
the wife or widow and minor children of such person, shall 
be deemed thereby to have acquired a settlement in such 
city or town ; and all the rights, duties and liabilities per- 
taining to such settlement, as set forth in chapters sixty-nine 
and seventy, and in section forty-nine of chapter seventy-one 
of the General Statutes, shall attach thereto: provided, such proviso: to hare 
person was, at the time of his enlistment, of the age of town^x montii" 
twenty-one years, an inhabitant of said city or town, and had 
resided therein for six months next previous to the time of 
his being mustered into said service. 



620 1865.~Chapter 231. 

Nevertheless, if in SECTION 2. Ally persoii eiilisted, mustered and serving as 
himself and^fam- a part of tlio quota of any city or town as set forth in the 
to^sipOTr"""'^ first section of this act, but who shall not be entitled to a 
settlement therein by reason of the want of age or residence 
required by said section, shall, nevertheless, be entitled for 
himself, his wife or widow, and minor children, to relief and 
support in such city or town, if at any time they should fall 
into distress therein, or stand in need of such relief or sup- 
port ; and such city or town shall not send such person, nor 
his wife or widow, nor his minor children, to any state alms- 
house, nor remove them to any other place, nor recover the 
expenses of their relief or support from any other city or 
Town evading to towu, uor rcceivc the same from the Commonwealth ; and if 

be liable for ex- 'j. j. i n i i-xi i j. 

pense. any City or town shall cause any such person so entitled to 

relief therein to be sent to any state almshouse, or removed 
to any other place, such city or town shall be liable, in an 
action of tort, for all expenses of their relief and support 
thereafter incurred in such almshouse, or by any otlier city 
or town. But, otherwise than as above provided, said city 
or town shall not be liable to any other city or town, nor to 
the Commonwealth, for the expenses of any relief or support 
furnished to such person, or to his wife, widow or minor 
children, in such other place or in any state almshouse. 
Double enlist- SECTION 3. The provisions of this act shall not apply to 
™lwe°'^ieaveTo ^ny pcrsou who shall have enlisted and received a bounty for 
disentitle. g^.^^ enlistiueiit in more than one town, unless the second 

enlistment was made after an honorable discharge from the 
first term of service, nor to any person who shall have been 
guilty of wilful desertion, or who shall have left the service 
otherwise than by reason of disability or an honorable 
discharge. Approved May 13, 1865. 



Chap.m 



An Act in relation to commissions of certain officers. 

Be it enacted, Sfc, as follows : 

Justices and no- SECTION 1. It sliall be the duty of the secretary of the 
^Tof^imitTof Commonwealth to send a notice, by mail, to every person 
tenure. commissioncd as a justice of the peace or notary public, of 

the time of expiration of his commission, not more than thirty 
nor less than fourteen days before such expiration. 
Penalty for extra- SECTION 2. If any pcrsoii wlio lias rcccived such notice 
shall presume to act in any official manner after the expira- 
tion of his commission, he shall pay a fine of not less than 
one hundred dollars nor more than five hundred dollars. 
Section 3. This act shall take effect upon its passage. 

Approved May 13, 1865. 



official act after 
notice. 



• 



1865.— Chapter 232. 621 

An Act relating to state aid. Chap. 232 

Be it enacted, §'c., as follows: 

Section 1. Any town or city may raise money by taxation Town may raise 

. ,•'.„ 1 J.1 1 xi and apply money 

or otherwise, and, if necessary, apply the same, under the for dependents of 
direction of their selectmen, or mayor and aldermen, or city saiiors°''*'*'^^ """^ 
council, for the aid of the wife, children or step-children, 
parents, brothers or sisters of any person upon whom they 
were dependent, whether an inhabitant of said town or city 
or not, (^provided only that those to whom aid is given shall 
reside within the United States,) who, as a part of the quota 
of this Commonwealth, and of said town or city, either. 

First. Has been duly enlisted and mustered into the conditions: of 
volunteer service of the United States, or into the regular tered since sept. 
military service, since the third day of September, in the ^' '^^" 
year eighteen hundred and sixty-two, and remains actually 
in said military service ; or, 

Second. Has been drafted into the army of the United u^'s'^ilw"'^^'' 
States under any act of Congress, and remains actually in 
said military service ; or. 

Third. Has been duly enlisted into the naval service of Joto^Yun'd'^' u*^ 
the United States, or transferred to such service from the s. laws. 
military service : provided, that he is credited to such town 
or city under the enrolment laws of the United States; or, 

Fourth. Who may have died after being duly mustered Having died after 
into the military or naval service of the United States upon or^navy." °''™^ 
voluntary enlistment or draft, or upon transfer from the mil- 
itary to the naval service, first, while in the service of the 
United States, or second, after his discharge therefrom by 
reason of disability or disease contracted while in the service, 
or third, after his discharge at the expiration of his term of 
service, but in consequence of disease or injury contracted or 
received in the service and existing at the time of his dis- 
charge : provided, that no sum shall be so applied for a Provisos. 
period of more than one year, or after the payment to the 
family and dependents of such person, or either of them, of 
any sums under the pension act of the United States passed 
July fourteenth, in the year eighteen hundred and sixty-two; 
and provided, further, that they were entitled to such aid 
prior to his decease or discharge. 

Fifth. Who may have been disabled while in the service Discharged for 
of the United States, as aforesaid, and discharged from said '^* ' ' ^' 
service by reason of such disability, or by reason of the 
expiration of his term of service : provided, that said disa- 
bility was contracted in or caused by said service, and existed 
at the time of discharge, thereby rendering said person 
unable to provide for those dependent upon him ; and, pro- 

31 



622 1865.— Chapter 232. 

Provisos. vided, also, that no sums shall be so applied for a period of 

more than one year, or after the payment to the family and 
dependents of such person, or either of them, of any sums 
under the pension act of the United States, passed July 
fourteenth, in the year eighteen hundred and sixty-two; and 
pi'ovided, further, that they were entitled to such aid prior 
to his discharge. 
Foregoing to ap- SECTION 2. Thc forcgoiug provisious relating to state aid 
mIss.° enlisted in sliall apply cqually to those persons who enlisted as a part of 
those transferred the quota of any other state prior to the eighteenth day of 
bo°i^dSy ^' ^^ March, in the year eighteen hundred and sixty-two, if, at the 
time of enlistment, they were inhabitants of any town or 
city in this Commonwealth, and to those also who, although 
not inhabitants of this Commonwealth at the time of their 
enlistment and muster into the military or naval service of 
the United States, have become such by the establishment of 
the boundary line between this Commonwealth and the state 
of Rhode Island. 
lurs town^n'St SECTION 3. Of tho sums applied, as aforesaid, there shall 
exceeding $i2 per bc anuually rcimburscd from the treasury of the Common- 
dlnteV°person°' wcaltli to tlic towu or city so applying the same, a sum not 
exceeding one dollar per week for the wife, and one dollar 
per week for each child and parent to whom aid is furnished: 
Provisos. provided, that the whole sum so reimbursed shall not exceed 

twelve dollars per month for all svich persons dependent upon 
any individual at the time he was or shall be duly enlisted 
and mustered or drafted into the military or naval service of 
the United States ; including herein the wife of any such 
individual married, and any child of such individual born, 
after such enlisting and mustering or drafting; and provided, 
also, that no such reimbursement shall be made of money 
applied for the aid of any wife, child or parent aforesaid, of 
any commissioned officer in said volunteer service, nor for 
the aid of any person dependent upon any volunteer from 
this Commonwealth, enlisted into regiments of any other 
state, who receive aid from such other state. 
Annual report of SECTION 4. Oil Or bcforc the fifth day of January in each 
b'e'^made^on^ fifth J^ar, thcrc shall be deposited in the office of the auditor of 
jan.toauditor^of ^^g Commonwcaltli, by each town and city raising and apply- 
ing money, as aforesaid, a full and particular report, setting 
forth the names of the soldiers and sailors, for the aid of 
whose families money has been applied as aforesaid, the 
names and ages of the several persons for the aid of whom 
money has been applied as aforesaid, the relation such per- 
sons severally bear to such soldiers or sailors, the sums paid 
to each of such persons, and the time when the same were 



1865.— Chapters 233, 234. 623 

paid. And no reimbursement shall be made from the treasury Must be swom 
of the Commonwealth to such town or city, as herein before in^g andTpprowd 
provided, until such report has been sworn to by a majority ^y a,"'i*'°'^- 
of the selectmen of such town, or the mayor and a majority 
of the aldermen of such city, deposited as aforesaid, and care- 
fully examined, scrutinized and approved by said auditor. 

Section 5. All the laws now in force in aid of the families Laws may be con- 

n 1 , 1 -I fi 1 1 111 strued retroac- 

01 volunteers and dratted men, may be so construed as to tiveiy for aid six 
authorize the payment of aid retroactively, so as to include ™°°"^^- 
any aid to which any person might have been entitled if sea- 
sonably applied for, prior to the application for the same : 
provided, hoivever, that such retroactive payment shall not 
extend beyond the period of six months prior to said 
application. 

Section 6. Chapter two hundred and twenty-two of the Acts of '6i, '62, 
acts of the year eighteen hundred and sixty-one ; chapter o^'ei^repeaied"* 
sixty-six, chapter one hundred and fifty-one, and chapter one 
hundred and sixty-six, of the acts of the year eighteen hun- 
dred and sixty-two ; chapter seventy-nine, and chapter one 
hundred and seventy-six, of the acts of the year eighteen 
hundred and sixty-three ; sections one and two of chapter 
one hundred and forty-three, and chapter forty-seven, of the 
acts of the year eighteen hundred and sixty-four, are hereby 
repealed : provided, that this act shall affect no acts or doings Proviso. 
of any city or town which have been legalized by any provi- 
sions of the foregoing chapters. 

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

Approved May 13, 1865. 
An Act to confirm certain acts done by joseph russell QJian 233 

BRADFORD, AS A JUSTICE OF THE PEACE. ^ ^ 

Be it enacted, ^"c, as follows: 

Section 1. All acts done by Joseph Russell Bradford, of Actsof sothoct. 
Boston, esquire, as a justice of the peace within and for the '65; confirmed.*^ 
county of Suffolk, between the thirtieth day of October in 
the year eighteen hundred and sixty-two and the third day 
of May in the year eighteen hundred and sixty-five, 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 May 13, 1865. 
An Act in relation to the appointment of collectors of QJin^y 234 

TAXES BY selectmen. -^ ' 

Be it enacted, ^'c, as follows : 

Section 1. When a collector fails to give the bond collector failing 
required by section seventy-two of chapter eighteen of the s° ch*i8°°'^vC 



624 1865.— Chapters 235, 236, 237. 

another may be General Statutes, the selectmen may appoint another col- 
appointed un er ^^^^^^ -j^ ^^^Q manner and subject to the provisions set forth 

in section forty-two in said chapter. 

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

Approved May 13, 1865. 

Chap, 235 -^^ ^^'^ concerning the bounty and pay of minoks. 

Be it enacted, §'c., as follows : 

Not subject to The bounty and pay of a minor enlisted in the military or 

ofparlnts!^ trans- uaval servicc of the United States, shall not be subject to 

frau'do™credit°or! l^gal proccss ou accouut of dcbts duc from his parent, and 

the transfer of such bounty or pay by the parent to such 

minor shall not be deemed fraudulent as to creditors. 

Approved May 13, 1865. 

Chap. 236 -A-n Aci^concerning proxy voting by officers of corporations. 

Be it enacted,.)^., as follows : 
Not to represent SECTION 1. No ofiicer of any corporatiou shall, as proxy 
^ares^unielsfor or attorucy, cast more votes than represent twenty shares of 
ried office? noffo ^hc Capital stock, unless all the shares so represented by him 
act. are owned by one person. No salaried officer of any corpo- 

ration shall vote as proxy or attorney. No officer of any 
corporation shall ask for, receive, procure to be obtained or 
use any proxy vote in the corporation of which he is an 
officer, except the votes he is hereby authorized to cast. 
Penalty for viola- SECTION 2. Any officcr of aiiy corporation who shall vio- 
tion by cer. j^^^ ^^^^ ^^ ^l^^ provisioiis of this act, shall, for each offence, 
forfeit and pay a fine of not less than one hundred dollars 
May be disquau- uor morc tliaii five hundred dollars; and the supreme judicial 
fied for holding, (jourt, upou pctitiou of any stockholder in such corporation, 
and after due notice and satisfactory proof of such offence, 
shall cause such officer to be forthwith removed from his 
office ; and such removal shall forever after disqualify him 
from holding office in such corporation. 

Approved May 13, 1865. 

Chan 237 "^^ -^^^ relating to warren bridge and CHARLES RIVER BRIDGE. 

Be it enacted, S^c, as folloios : 

Upon acceptance SECTION 1. Whcnevcr tliis act sliall be accepted by the 

• and^cha/iestown"^ city couucil of the city of Boston, and by the inhabitants of 

hfhways-^^i'tks Chaiiestown, as hereinafter provided, Warren bridge and 

to maintain and Cliarlcs Eivcr bridge shall become highways, and such por- 

receive income, ^-^j-^g ^j tlieiii as are withiii the limits of each of said cities, 

shall be maintained as such by Boston and Charlestown, 

respectively, and all property in and appertaining to said 

bridges, or either of them, now held by the Commonwealth, 

shall become the property of said cities, as hereinafter pro- 



1665.— Chapter 237. 625 

vided ; and said cities shall, within their respective limits, 
have authority to maintain said bridges, and the piers and 
other structures appertaining thereto, and they shall receive 
all the rents and income which may be derived from the use 
of such structures, to be apportioned between them, as 
hereinafter provided. 

Section 2. Each of said cities shall maintain, in good Draws to be pre- 
repair, the draw of one of the bridges, and shall open the ^^"^^^ *° 
same and afford all necessary aff^ proper accommodations 
to vessels having occasion to pass the same by day or by 
night. 

Section 3. Whenever said cities shall have accepted this certificates of ac- 
act, as herein provided, and shall have severally filed a notice secure taM^fCom° 
of their acceptance with the secretary of the Commonwealth, ^ori^et'rans'fer 
all moneys, funds, properties and other things belonging to cftie'^''''P®''*'^^ *° 
the Charles River and Warren bridges, or either of them, 
and held by the treasurer and receiver-general, or by any 
other agent of the Commonwealth, shall, after payment 
therefrom of all liabilities then outstanding on account of 
said bridges, be paid over and delivered to said cities, in 
such proportions to each as may be determined pursuant to 
this act. 

Section 4. The Middlesex Railroad Company, and any Railway corpora- 
other corporation which may have authority to run street foruse^ofXwges 
railway cars or other vehicles for the business of carryinsr as may be agreed, 

111°'' awarded by 

passengers over said bridges, or either ot them, shall pay to commissioners 
said cities, as a consideration for being released from all j!*court*^ ^^ 
liability to pay tolls for passing said bridges, or either of 
them, with their tracks and cars or other vehicles, and from 
all liability to any other payment for maintaining said 
bridges, or for the use of them by said corporation, such 
sums as may be agreed upon by the parties, or, in case of 
failure to agree, such sums as may be determined by three 
commissioners, to be appointed by the supreme judicial 
court, upon application of either of said cities or corpora- 
tions, and notice to the other parties, and the award of said 
commissioners, or a major part of them, being returned to 
and approved by the court, shall be binding upon the parties, 
unless said award shall be an annual payment, in which case 
the same may be revised or altered by commissioners in like 
manner appointed; but no such revision or alteration shall Revision of award 
be made within ten years of the acceptance of such award. 

Section 5. Said cities may by their city councils agree city councils may 
which of said draws they shall respectively maintain and ,vfnoMncom^e7or 
manage, and in what proportion the moneys, funds, proper- ^ave wmm'rs"^^ 
ties, rents and income, and also the sums paid by the Mid- 



626 1865.— Chapter 236. 

dlesex Railroad Company or other corporation as aforesaid, 
shall be divided between them, and in case of their failure to 
agree, all the said matters shall be determined by three com- 
missioners, to be appointed by the supreme judicial court 
upon the petition of either party, and notice to the other, 
and the award of said commissioners, or a major part of 
them being returned to and approved by the court, shall be 
binding upon the parties. 
Boston not to be SECTION 6. Nothing ii^tliis act shall release the city of 
tfe'f ^t^ ^"^mrre^n Bostou from its obligatioD. to keep in repair all that part of 
to^'^latef wMk? Warren Bridge connected with its water works, nor from its 
nor Middlesex r! liability for any damage arising from any defect in, or acci- 
obugaUfiM."" ' dent to said works, nor shall release the Middlesex Railroad 
•■H^ Company from any legal obligation now existing to maintain 
and keep in repair any portion of said bridges, nor from any 
liability for loss or injury that any person may sustain by 
reason of any carelessness, neglect or misconduct of its 
agents or servants in the management, construction or use 
of its tracks on said bridges. 
Compensation of SECTION 7. The Compensation of commissioners under 
commissioners, ^jj^ provisious of tliis act shall be determined by the court 
which appoints them, and shall be paid by such party or 
parties in such proportions as the commissioners may 
determine. 
Act to be accepted SECTION 8. The forcgoing scctious of this act shall take 
ton''and''votefs°of ©ffcct whcncver accepted by the city council of Boston, and 
cbariestown.- ^y yoto of tlic inhabitants of Charlestown qualified-to vote in 
city affairs ; and the mayor and aldermen of the city of 
Charlestown are hereby authorized, from time to time, to 
call legal meetings to be held in the several wards of said 
city, to determine, by voting yea or nay, upon the acceptance 

of this act. Approved May 13, 1865. 

Chap. 238 -^^ -^^^ '^^ incorporate the north WEYMOUTH CEMETERY ASSO- 
■^' CIATION. 

Be it enacted, §'c., as follows : 

Corporators. SECTION 1. Fraucis E. Loud, Thomas H. Humphrey, 

Elnathan Bates, tlieir associates and successors, are hereby 
made a corporation by the name of the North Weymouth 

Purpose. Cemetery Association, for the purpose of holding, managing 

and perpetuating a place for the burial of the dead in the 

Powers. town of Wcymoutli ; with all the powers and privileges, and 

subject to all the duties, restrictions and liabilities, as pro- 
vided in chapter twenty-eight of the General Statutes. 

North parish may SECTION 2. Thc Nortli Parisli iu Wcymouth is hereby 

convey estate to. authorized, wheuevcr said corporation shall be duly organ- 



1865.— Chapters 239, 240. 627 

ized, to release and convey to said corporation by a deed 
executed by the treasurer of said parish, the whole of the 
real estate and rights of property now held and set apart by 
said parish as a burial ground of the dead. 

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

Approved May 13, 1865. 

Chap. 239 



An Act concerning railroad crossings at grade. 
Be it enacted, §'c., as follows: 

Section 1. The county commissioners, within their county commis- 

•', ,. . (, M J sioners upon re- 

respective counties, upon the application oi any railroad quest of railroad 
corporation authorized to construct its road across a turn- goyernment of 
pike, highway or town way, or upon the application of the ^hih^scrossing" 
proprietors of any turnpike, the mayor and aldermen of any may direct con- 
city, or the selectmen of any town, in which such crossing is 
situated, after due notice to all parties interested, and after 
hearing the parties, may, if public necessity requires, 
authorize and require the railroad corporation to construct 
its railroad at such crossing upon a level with such turnpike 
or way, in such manner as they may direct ; and said com- 
missioners may, at any time before the construction of the 
railroad at said crossing, revoke any order made by them, or 
by the board of railroad commissioners, and make such new 
order in the premises as the public necessity requires. 

Section 2. Whenever said commissioners shall be of the commissioners 
opinion that the security of the public requires that gates or bar™c°r^fla|men 
bars be erected across any turnpike, highway or town way airelt^slme™*"*' 
to be crossed by a railroad at grade, or that a flagman be 
stationed at said crossing, they may order said railroad cor- 
poration to construct such gates or bars, or to station a flag- 
man there while an engine or train passes ; and any corpora- Penalty for ncg- 
tion which unreasonably neglects or refuses to comply with tion. ^ '^°^^°^'-^' 
any such order, made as aforesaid, shall forfeit for every 
such refusal or neglect a sum not exceeding one thousand 
dollars. 

Sections. The one hundred and fifty-second chapter of Act of '64, re- 
the acts of the year one thousand eight hundred and sixty- ^^"^"^ ' 
four is hereby repealed. 

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

Approved May 15, 1865. 

An Act concerning the Massachusetts agricultural college, QJiav), 240 
Be it enacted, §-c., as follows : 

The sum of ten thousand dollars is hereby granted to the Money grant. 
Massachusetts Agricultural College, to aid in its estab- 
lishment. Approved May 15, 1865. 



628 



1865.— Chapters 241, 242. 



Chap. 241 



Appointment to 
be by directors of 
institutions in 
Boston. 



Chap. 242 



Assessors of town 
tiaying banl? to 
obtain in May 
list of share- 
holders. 



Also capital, 
value of shares, 
and estate. 



Assessors of seve- 
ral towns to have 
copies. 



Shareholder to 
have shares in- 
cluded in tax 
by assessors of 
town. 



Information and 
returns of '65. 



An Act in relation to the master of the house of correction 

IN the county of SUFFOLK. 

Be it enacted, Sfc, as follows : 

Section 1. Section nineteen of chapter one hundred and 
seventy-eight of the General Statutes, is so amended as to 
provide that the master of the house of correction in the 
county of Suffolk shall be appointed by the board of directors 
for public institutions of the city of Boston. 

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

Approved May 15, 1865. 

An Act relating to returns and taxation op shares in asso- 
ciations FOR banking established UNDER THE LAWS OF THE 

united states. 
Be it enacted, ^c, as follows : 

Section 1. The assessors of every city and town in this 
Commonwealth, in which any association for the purposes of 
banking is or shall be established by authority of the United 
States, shall annually, between the first and tenth day of 
May, obtain from the proper officers of such association a full 
and correct list of the names and residences of all sharehold- 
ers in the association, and the number of shares held by 
each ; they shall also ascertain the amount of the capital 
stock of such association, the par value and the fair market 
value of each share, and the amount and value of real estate 
held and owned by such association, and where the same is 
located. 

Section 2. It shall be the duty of such assessors, on or 
before the first day of June in each year, to transmit to the 
assessors of the several cities and towns of the Commonwealth 
a true copy of the list and a correct statement of the other 
facts required to be obtained in accordance with the first 
section of this act. 

Section 3. The assessors of each city and town in which 
any shareholder in such association resides, shall include all 
shares in such associations held by persons resident and liable 
to taxation in said city or town, in the valuation of the per- 
sonal property of such person, for the assessment of all taxes 
imposed and levied in said town by authority of law, to be 
assessed at the same rate, and subject to the same deductions 
as shares of state banks and other moneyed corporations in 
the hands of the citizens of such city or town. 

Section 4. The information required by this act to be 
obtained annually, between the first and tenth days of May, 
may be obtained the present year on or before the tenth day 
of June, and the returns required by the provisions of this 
act to be made on or before the first day of June shall be 
made the present year on or before the first day of July. 



1865.— Chapters 243, 244, 245. 629 

Section 5. The assessors of the city of Boston shall be Assessors of bos- 

.•iT.-i 1 • «,i • 1 L *o°i grace to al- 

entitled to have the time for the services auci returns lowed. 
reqviired by this act, extended for a period of twenty days 
from the respective dates therein fixed. 

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

Approved May 15, 1865. 
Ax Act to establish the salaries of the clerks employed by Chap. 24f3 

THE SECRETARY OF THE BOARD OF AGRICULTURE. 

Be it enacted, Sf'c, as follows : 

The annual salaries of the clerks employed by the secre- 
tary of the board of agriculture shall be one thousand dollars 
each, to be computed from and after the first day of January 
last. ■ Approved May 15, 1865. 

An Act concerning the storage of petroleum and other Chap, 244 

EXPLOSIVE substances. 

Be it enacted, ^"c, as follows : 

Section 1. Whoever stores or keeps petroleum, kerosene. Forfeiture for 
naptha or benzine, separately or together, in a greater quan- ™a'i[ons\^a one 
tity than five hundred gallons in one locality in any city or p'^'®- 
town, without a license from the mayor and aldermen or 
selectmen thereof, shall forfeit a sum not exceeding one 
thousand dollars. 

Section 2. The city council of any city or the selectmen cities and towns 

« , 1 J. 1 1 1 1 X" • 1 i- may establish 

01 any town may adopt such rules and regulations in relation mies and pen- 
to the storage, keeping and sale of petroleum, kerosene, '''''^^' 
naptha and benzine, within its limits, as they deem rea- 
sonable, and may affix penalties for breaches there(Sr, not 
exceeding twenty dollars for each offence. 

Approved May 15, 1865. 

An Act relating to petitions to the general court. Chap. 245 

Be it enacted, §'c., as follows : 

The secretary of the Commonwealth shall, on the first secretary to pub- 

WT -, « X • 1 1 T 1 • ii lish list in official 

ednesday oi January m each year, publish m tlie news- paper, 

paper wherein are published, pursuant to law, the general 
laws and other official information, a complete list of all 
petitions intended to be presented to the general court of 
that year, of which he may have had official notice ; in which 
list shall be stated the name of the leading petitioner in each 
case, the objects of the petition, the name and location of the 
newspaper approved by him for publication, and the date of 
such approval. Approved May 15, 1865. 

32 



630 1865.— Chapters 246, 247, 248. 

Chap. 246 -^n Act to establish the salary of the secretary of the 

^' BOARD OF EDUCATION. 

Be it enacted, ^'c, as folloiva : 
Salary and travel SECTION 1. The sGcretarj of tlic board of education shall 
expense, ow j-ggg^yg j^^ aniiual sakrj of twenty-five hundred dollars, and 
also four hundred dollars in full compensation for his travel- 
ling expenses, to be paid out of the moiety of the income of 
the school fund applicable to educational purposes. 
Section 2. This act shall take effect upon its passage. 

Approved May 15, 1865. 

Chap. 247 Ak Act to establish the salaries of certain public officers. 

Be it enacted, S^c, as follows : 

Treasurer. SECTION 1. The salary of the treasurer and receiver-gen- 

eral of the Commonwealth shall be at the rate of three thou- 
sand dollars per annum. 

Auditor. Section 2. The salary of the auditor of the Common- 

wealth shall be at the rate of two thousand five hundred 
dollars per annum for the current year. 

Adj't-generai. SECTION 3. The Salary of the adjutant-general shall be at 

the rate of two thousand five hundred dollars per annum for 
the current year. 

Secretary. SECTION 4. Thc Salary of the secretary of the Common- 

wealth shall be at the rate of two thousand five hundred 
dollars per annum for the current year. 

Clerks, first and Section 5. The Salaries of the chief clerks of the treas- 

ments^.'""*^^"''" urcr, sccrctary, adjutant-general and auditor's departments, 
shall be at the rate of eighteen hundred dollars per annum. 
The salaries of the second clerks in the treasurer's, auditor's 
and secretary's departments, shall be at the rate of sixteen 
hundred dollars per annum for the current year. 

Section 6. The salaries named in the preceding sections 
shall be paid from the first day of January of the present 
year. 

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

Approved May 16, 1865. 

Chap. 248 -^^ ■^'^'^ "^^ ^^^ "^^^ construction of the EUROPEAN AND NORTH 
■* ' AMERICAN RAILWAY. 

Be it enacted, Sfc, as follows : 
Upon payment of Section 1. Whenevcr the amount remaining unpaid and 
esTby^'MaineT" the intcrcst thcrcon of the bonds of the state of Maine, given 
exeTuTtive to"ive ^^^ payment for the public lands in Maine, sold by the Com- 
same to' Maine moiiwealth of Massachusctts in the year eighteen hundred 
and* No.Tmeri" and fifty-threc, shall be paid into the treasury of the Com- 
can Railway Co. i^Qn^yealth, thc trcasurcr and receiver-general shall, under 

the direction of the governor and council, surrender said 



1865.— Chapter 249. 631 

bonds to the state of Maine, or assign them to the European 
and North American Railway Company, as the governor and 
council may determine. 

Section 2. The Commonwealth of Massachusetts hereby Asgignment to 
assigns to the state of Maine, in trust for said company, to for'company! of 
aid in the construction of the railroad of said company {^j^g'^.'^"^^'"' "p°'' 
between Bangor and New Brunswick, the claims held jointly 
with said state of Maine against the United States. 

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

Approved May 16, 1865. 

An Act to establish a state police. Chap. 249 

Be it enacted, ^'c, as follows : 

Section 1. There shall be appointed by the governor, constabieofcom- 
with the consent of the council, an officer to be entitled the ^olnrment,' resi" 
constable of the Commonwealth, who shall be commissioned ^g"''® ^^'^ ^^^^' 
to hold office for three years, unless sooner removed. Such 
officer shall reside in the city of Boston, and keep an office 
at some place therein, to be approved by the governor : he 
shall appoint as many deputies as the governor and council 
may direct, having at least one deputy in each county of the 
Commonwealth, and at least twenty deputies in the county 
of Suffolk. 

Section 2. The said constable of the Commonwealth and Powers of con- 

1 • -I i-ini 1 • 11x1 1 T stable and depu- 

his deputies shall have and exercise all the common law and ties defined. 
statutory powers of constables, except the service of civil 
process, and also all the powers given to the police or watch- 
men by the statutes of the Commonwealth, or the charters 
or ordinances of the several cities, concurrently with such 
officers, and their powers as constables shall extend through- 
out the Commonwealth. Said constable and his deputies suaii obey orders 
shall at all times obey all orders of the governor in relation seeThaTlaws^be 
to the preservation of the public peace, or the execution of executed, 
the laws throughout the Commonwealth, and it shall be their 
duty to see that the laws of the Commonwealth are observed 
and enforced ; and they shall especially use their utmost 
endeavors to repress and prevent crime, by the suppression 
of liquor shops, gambling places and houses of ill-fame. 

Section 3. The constable of the Commonwealth shall be salary of consta- 
paid out of the treasury of the Commonwealth an annual of'^d'eputfe^s'! '"^™ 
salary of two thousand dollars in equal quarterly payments, 
and his deputies shall be paid at the rate of three dollars per 
day when on duty. When required to travel on duty from Travel. 
one city or town to another, they shall be allowed the same 
compensation which is allowed by law to sheriffs and their 
deputies. The accounts of the deputy constables shall be 



632 1865.— Chapter 250. 

Accounts of dep- yerified by the affidavits of said constables, and shall be 

uties to be sworn ,•', , n i r^ ^ ^ \ f 

and approved, approvcd Dj tlio constable 01 the Commonwealth, before 

audited and paid, j^gjj^g presented to the auditor of the Commonwealth, and 

when duly audited shall be paid out of the treasury of the 

Commonwealth. 

constabie^^ wUh SECTION 4. The coustable of the Commonwealth, with the 

ernor and coun- approval of tho govemor and council, shall make all needful 

ford'epu'tL.''"''''' rules for the regulation of the police duties of his deputies, 

and he shall see to it that not less than six deputies shall be 

on police duty at all hours of the day and night in the city 

of Boston, for the prevention of crime and the enforcement 

of the criminal laws of the Commonwealth. 

Governor may SECTION 5. The govcmor shall havo power at all times in 

direct, or author- p . . i i in, , • t 

ize constable to any emergency, of which he shall be the judge, to assume 
o^state"^' °^'^^ command of the whole or any part of the municipal police 
and constabulary force in any place, and to authorize the 
constable of the Commonwealth to command their assistance 
in the execution of criminal process, in suppressing riots, 
and in preserving the peace. Approved May 16, 1865. 

Chap. 250 -A^N Act to amend certain acts concerxing the militia. 

Be it enacted, Sfc.^ as Jbllows : 
Portions of Acts, SECTION 1. So mucli of the two hundred and thirty- 
19,'65,'reiating'to eighth chaptcr of the acts of the year eighteen hundred and 
service suspended gjxty-four, and SO much of chapter nineteen of the acts of 
the year eighteen hundred and sixty-five, as relates to the 
organization, equipment and performance of military service 
Active militia. 5 by tho activc militia, is hereby suspended ; and the said 

li, cn. i»o, 'd4, *^. •!•,• inii- • -I 1 -in 

to apply. active militia shall be subject to active duty only as proviclea 

for the reserve militia in section twelve of the two hundred 
and thirty-eighth chapter of the acts of the year eighteen 

Parade for in- hundred and sixty-four ; and the parade for inspection, com- 

spection, time , .,, , •' ' • i i • i i i. x j. i 

changed. pany clriil and manoeuvre, required by said chapter to take 

place on the first Wednesday of May in each year, shall here- 
after take place on the last Wednesday of May in each year. 

Requirements for SECTION 2. Thc opcratioii of SO mucli of tlic scvcral acts 

arms, etc., and . ,, •t,- • •■• ij ± r • i 

upon towns for conccming the militia as requires cities and towns to furnish 

pendJd*^' ""'' armories to the active militia, and of so much of the said 

acts as requires arms and uniforms to be issued to the active 

militia, is suspended so long as the first section of this act 

remains in force. 

Duties of militia. SECTION 3. The voluntcer militia shall perform all duties 

required of the volunteer militia by chapter two hundred 

and thirty-eight of the acts of the year eighteen hundred 

Active company aiid sixty-four ; aud any existing company of the active 

untwr!^°™* ^°'' militia may become a volunteer company, in the discretion 

of the commander-in-chief. 



1865.— Chapter 250. 633 

Section 4. The whole number of volunteer companies in volunteer com- 
the Commonwealth, exclusive of the two corps of Cadets, andumued. 
shall not exceed one hundred companies of infantry and 
heavy artillery, six companies of cavalry, five companies or 
batteries of light artillery, and one company of engineers. 

Section 5. Section one hundred and forty-three of chap- campf l^t o7'fti 
ter two hundred and thirty-eight of the acts of the year amended, 
eighteen hundred and sixty-four, is hereby amended so as to 
provide that the pay of the officers therein enumerated for 
each day's duty in camp shall be six dollars, and the pay of 
the non-commissioned officers therein enumerated for each 
day's duty in camp shall be three dollars. 

Section 6. Section one hundred and forty-five of chapter officers and soi- 
two hundred and thirty-eight of the acts of the year eighteen lis? ch!" Wof 
hundred and sixty-four, is hereby amended so as to provide j-^^iedr^ *^'^^" 
that the pay of the several officers and soldiers therein men- 
tioned shall be as follows : — Every officer shall receive for 
each day's duty in camp, and for the duty required to be 
performed upon the last Wednesday in May, three dollars ; 
and each non-commissioned officer and soldier shall receive 
two dollars and fifty cents. Every member of a band shall 
receive, for services performed in obedience to orders, at the 
rate of five dollars a day while on duty. Every member of 
a mounted company shall receive five dollars a day, in addi- 
tion to the compensation herein before provided, which shall 
include keeping and forage for horses. 

Section 7. Section ninety-six of chapter two hundred Notice prescribed 
and thirty-eight of the acts of the year eighteen hundred b" deem^ed legku 
and sixty-four, is amended so that the delivery of the written ^f ^^°^|j'°a^en°d'^ 
or printed notice therein described, to any member of a ed. 
company, shall be deemed legal notice. Section twenty-four 
of chapter two hundred and thirty-eight of the acts of eigh- 
teen hundred and sixty-four is hereby amended-, by striking 
out the word " brigade," wherever it occurs, and inserting 
the word " regiment," and by striking out the words* 
" brigade inspector," and inserting the word " adjutant." 

Section 8. A company may remain unattached to any unattached com- 
regiment, brigade or division, or may be attached to a brig- tS™*^ ^^ ^'" 
ade or division, whenever, in the opinion of the commander- 
in-chief, the interests of the service require it; and the warrants, how 
commanding officer of any such unattached company shall "^'^^'^' 
sign the warrants of the non-commissioned officers of said 
company, who may have been duly appointed, and any war- 
ranf so signed shall be in all respects valid : provided, that proviso, 
any company attached to a brigade or division shall be sub- 
ject to the orders of the brigade or division commander, 



634 



1865.— Chapter 250. 



Such company 
may be drilled 
in squads by 
order of com- 
mander. 



Cities and towns 
to provide armo- 
riea for squads. 



Proriao. 



Supervision of 
armory. 



Signature of vol- 
unteer legal en- 
listment. 



Commander of 
regiment may 
discharge sol- 
dier. 



Governor may 
grant or prohibit 
discharge. 



Soldier disorderly 
or behaving with 
contempt may be 
under guard. 



according to the provisions of the nineteenth section of chap- 
ter two hundred and thirty-eight of the acts of eighteen 
hundred and sixty-four. 

Section 9. Whenever any such unattached company is 
SO situated that the soldiers cannot be conveniently assem- 
bled at one place for monthly drills, the commanding officer 
of said company may order the same to be drilled in squads, 
not exceeding three to a company, under the provisions and 
restrictions of section one hundred of chapter two hundred 
and thirty-eight of the acts of the year eighteen hundred and 
sixty-four ; and each of said squads shall be commanded by 
a commissioned officer of the company. 

Section 10. Whenever any company is legally divided 
into squads, the mayor and aldermen and selectmen of the 
cities and towns wherein said squads are ordered to drill, 
shall provide, within the limits of said town, a suitable 
armory or place of deposit for the arms, equipments and 
equipage of said squad : provided, that the expense of all of 
said armories shall not exceed the reasonable cost or expense 
of an armory for the entire company. Each of said armo- 
ries shall- be under the immediate supervision of the officer 
in command of the squad, who shall be responsible for the 
safety and proper care of said arms, equipments and 
equipage of his squad. 

Section 11. Whenever a volunteer company is formed, 
the signatures of the members thereof to an enlistment roll, 
issued from the office of the adjutant-general, shall constitute 
a legal enlistment. 

Section 12. The commander of a regiment may discharge 
any non-commissioned officer or private in the regiment, 
whenever the captain of his company unreasonably refuses 
to make application for such discharge under the provisions 
of chapter two hundred and thirty-eight, section twenty-three, 
of the acts of the year eighteen hundred and sixty-four. 
• Section 13. The commander-in-chief may, whenever in 
his opinion the interests of the service require it, discharge 
any non-commissioned officer or private of a volunteer com- 
pany, and by general or special order may prohibit the 
granting of discharges to non-commissioned officers or 
privates, whose term of service has not expired. 

Section 14. For any offence mentioned in section one 
hundred and fourteen of chapter two hundred and thirty- 
eight of the acts of the year eighteen hundred and sixty-:^our, 
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 time of service for which he 
is ordered out. 



1865.— Chapter 250. 635 

Section 15. Section seventy-three of chapter two hundred ^^J''^°™^= * "3' 
and thirty-eight of the acts of the year eighteen hundred and amended, 
sixty-four, is hereby amended, by striking out all after the 
word " duty " in the third line. 

Section 16. The term of enlistment in the volunteer Term of service 

, n , „ T 1 , . to be five years. 

service shall be five years ; and any volunteers now in 
service, who may have enlisted for six years, shall be enti- 
tled to their discharge at the expiration of five years from 
the date of their enlistment. 

Section 17. All companies of active militia which do Active mmtia to 
not, within sixty days after the passage of this act, re-organ- dSnded. 
ize as volunteers, shall be disbanded, and their officers 
discharged by the commander-in-chief: provided, that such Proviso, 
officers shall first have returned or accounted to the quarter- 
master-general for all uniforms, arms, equipments and other 
property belonging to the Commonwealth, for which they 
may be responsible. 

Section 18. It shall be the duty of the assessors in the Assessors to pre- 
several cities and towns to prepare annually a list of all roiment. 
persons who may be living within their respective limits, and 
liable to enrolment, giving the name, age and occupation of 
each of such persons, and any 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 
and towns, on or before the first day of July in each year ; 
and the said clerks shall return copies of such lists to the ad^|f%*°erai^^°* 
adjutant-general, on or before the tenth day of July in each 
year. 

Section 19. Associations wholly composed of soldiers ^^f^^^ disch'd 
honorably discharged from the service of the United States, parade for escort 
may parade in public with arms, upon the reception of any re^tu'^n^ng^troopsf 
regiments or companies of soldiers returning from said i>»"ais, &c. 
service, and for the purpose of infantry escort duty at the 
burial of deceased soldiers, anything in the provisions of 
section one hundred and seventy-seven of chapter two hun- 
dred and thirty-eight of the acts of the year eighteen hundred 
and sixty-four to the contrary notwithstanding : provided, Proviso, 
that the mayor and aldermen or selectmen of the cities or 
towns in which they desire to parade, shall give them written 
permission so to do. 

Section 20. When the service will permit, the com- ^°25™*a'cV''m' 
mander-in-chief shall dispense with the services of such of modified, 
the officers of his staff named in the second clause of the 
twenty-fifth section of chapter two hundred and thirty-eight 
of the acts of the year eighteen hundred and sixty-four as he 
may deem expedient, and direct their duties to be performed 
by other officers. 



636 1865.— Chapters 251, 252. 

Privates, mini- SECTION 21. The miiiimum number of privates to any 

mum defined. 1111 n 1 n n 

company shall herealter be ntty. 
Tents, etc., gov- SECTION 22. The govcmor is authorized to lend terapora- 
foTscho'^iZ *" rily tents or camp materials, to be used by any military 
schools or academies in the state for encampments, at such 
times and under such restrictions as to him may seem 
Proviso. proper : provided, satisfactory security is given for the safe- 

keeping and a proper return of the property. 

Approved May 16, 1865. 

Chap. 25 1 -^^ ^^'^ ^^ ADDITION TO AN ACT ENTITLED " AN ACT RELATING TO 
"' STATE AID." 

Be it enacted, ^'c, as follows : 
Dependents of SECTION 1. No statc aid shall bc allowcd to the parents, 
rily i'nu^s^ser" wifc, cliildrcn, brothers or sisters, of any person who shall 
vice not entitled, jiereaftcr culist or re-enlist into the military or naval service 
of the United States, or shall voluntarily remain therein 
after an opportunity is given by the government of the 
United States to be honorably discharged therefrom. 
Regiments in ser- SECTION 2. The sccrctary of the Commonwealth shall 
of Act. ^^^''"^'^ cause attested copies of this act to be immediately forwarded 
to the commanding officers of Massachusetts regiments and 
batteries now in the service. 

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

Approved May 16, 1865. 



Chap. 252 



An Act relating to the records of deeds and other instru- 
ments BY CEMETERY CORPORATIONS. 

Be it enacted, ^'c, as follows : 

corporat'n books SECTION 1. Wheiievcr any cemetery corporation, created 

vey ancet *^f IX by spccial cliartcr, or organized under the general laws of 

entry^ith'regi?- ^^^^^ Commonwcalth, rcgularly keeps books in which are 

ter of deeds. " entered the records of all conveyances of burial lots within 

said cemetery made by the corporation to its individual 

members, or other persons, and all instruments of contract 

between such corporation and its individual members, or 

other persons, relating to such lots, such records shall have 

and be of the same force and effect as if made in the registry 

of deeds for the county where such cemetery is situated, and 

no other record shall be deemed necessary. 

Previous records SECTION 2. Thc rccords of dccds and other instruments 

confirmed. named in the first section, heretofore made by any such 

corporation, are hereby made valid and sufficient. 
Copies certified SECTION 3. Tlic sccrctary or clcrk of sucli corporation is 
kgauvwence.*' authorizcd to give certified copies of all deeds and instru- 
ments recorded as aforesaid, and the same may be used in 



1865.— Chapters 253, 254, 255. 637 

evidence in the same manner as copies certified by the 
register of deeds. 

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

Approved May 16, 1865. 

An Act for the better observance of the lord's day. ChaV. 253 

Be it enacted, ^'c, as follows: 

Section 1. Any person who shall discharge any firearms Penalty for use 
for sport, or in the pursuit of game, on the Lord's day, " 
shall, upon conviction thereof, be punished by a fine not 
exceeding ten dollars. 

Section 2. Whoever attempts to take or catch any fish Attempting to 
on the Lord's day, by using any hook, line, net, spear or ^^^^^'' ■ 
other implement, on any of the waters within this Common- 
wealth, shall, upon conviction thereof, be punished by a fine 
not exceeding ten dollars. 

Section 3. All prosecutions under this act shall be insti- prosecutions, 
tuted within thirty days from the time the offence is 
committed. Approved May 16, 1865. 

An Act concerning orders of notice in probate courts. Ch(XJ). 254 

Be it enacted, §"c., a.s' follows : 

Chapter two hundred and sixty-five of the acts of the year Repeal: ch. 265, 
eighteen hundred and sixty-four is hereby repealed, and no under non-eoec- 
right, title or proceeding shall be affected by reason of any *'^'^' 
failure or omission heretofore to comply with the require- 
ments thereof. Approved May 16, 1865. 

An Act to enable towns to separate united school districts (JJian, 255 

Be it enacted, §'c., as foliates : 

Section 1. United school districts, in adjoining towns, May act when 

1 ill ± £• ^ ± 1 • 1 terms shall have 

may be separated by vote oi such towns, whenever said b«en agreed 
towns shall have determined by mutual agreement, upon the "p°°' 
appraised value, and mode of disposition of the property of 
such district, and the proportion of said appraised value to 
which each part of said district shall be entitled. 

Section 2. Upon such separation, the property of the Property to be 
united district shall become vested in accordance with said mentmade^as^per 
previous agreement ; and the town or school district which agreen"'^°'- 
shall take possession thereof, shall be held to pay to the other 
town for the benefit of the school district therein, such sum 
or sums of money, and at such times as shall be determined 
by said previous agreement. 

Section 3. In case either town shall have abolished the Town abolishing 
other school districts therein, the proportion of the value of Justment™ p'ro- 
the property of such united district, to which the separate g.^s^ f 3,^0^3" 
district in such town would be entitled upon such separation, 

33 



638 1865— Chapters 256, 257, 258. 

shall be adjusted, as far as may be practicable, in accordance 
with the provisions of section three of chapter thirty-nine of 
the General Statutes. 
Division may be SECTION 4. Eitlicr towu may cause any school district 
by either town, ^jjqj.qjj^^ whicli forms part of any such united district, to be 
separated therefrom, without the agreement provided for in 
Provisos. section one : provided, that all the interest of such district in 

the school-houses and other property owned and used by 
such united district for school purposes, shall be relinquished, 
and shall, upon such separation, become vested in the 
remaining portions of such united district ; and provided, 
further, that the interest of such district in such school- 
houses and property shall not be relinquished without the 
consent of such district. Approved May 16, 1865. 

Chap. 256 A.n Act in relation to support of girls committed to the 

STATE INDUSTRIAL SCHOOL. 

Be it enacted^ ^"c, as follows : 

Town of child's Section 1. Thc city or town in which any girl committed 
fifty *°ent8° per to the statc industrial school resides at the time of her arrest, 
«eek. upon notice and demand, shall quarterly, on the first days of 

January, April, July and October, pay to the treasurer of the 

school fifty cents a week during the time she remains therein. 
Party liable for Any sum SO paid may be recovered by such city or town of 
reVu'nT "^ ° tlic parcut, kindred or guardian liable by law to maintain 

her, or of the city or town in which she has her lawful 

settlement. 
Repeal. SECTION 2. Tlic twcuty-fourth section of the seventy-fifth 

chapter of the General Statutes is liereby repealed. 

Approved May 16, 1865. 

Chan. 257 ^'^ -^'^'^ ^^ relation to filling VACANCIES IN THE OFFICE OF 
•* ' CLERK OF FIRE DISTRICTS. 

Be it enacted, Sfc, as follows : 

Selectmen may SECTION 1. Ill casc of a vacaucy in the office of clerk of 
any fire district, or any disability in such clerk to perform 
the duties required by the twenty-fourth chapter of the Gen- 
eral Statutes, the selectmen of the town wherein such fire 
district is situate may appoint a clerk pro tempore, who shall 
be sworn and perform such duties until such vacancy is filled 
or disability is removed. 

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

Approved May 16, 1865. 



appoint, pro tem 
pore 



Chap. 258 



An Act in relation to claims against insolvent estates. 
Be it enacted, §'c., as follows: 
Appeal from ai- SECTION 1. Thc eighth scctiou of chapter ninety-nine of 
lowance may be ^^xq Gcucral Statutcs is hcrcby so amended that any heir, 



1865.— CiiAPTEiis 259, 260, 261. 639 

leffatce, devisee or creditor of an insolvent estate may appeal made; js.cu 99, 

n 1 11 f. 1 • • i 1 J i 1 J.1 G. S. amended. 

from the allowance 01 any claim against such estate by the 

commissioners named in the second section of said chapter. 

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

Approved May 16, 1865. 
An Act relating to fees for copies of records and other Chap. 259 

DOCUMENTS. 

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

Section 1. All officers whose duty it is to furnish copies Fees allowed reg- 
of records, or other papers, shall receive for all copies so apply, except, 
furnished, except such as they are required hy law to furnish ^''■ 
without charge, fees at the same rate by the page as is 
allowed by law to registers of deeds for like services : 
provided, that this act shall not apply to officers' fees in Proviso. 
criminal cases. 

Section 2. Registers of insolvency shall, with the copy of Registers of insoi- 

, ,, T V, . « . , "^ , . • \ i_ vency, duty pre- 

an order ot distribution, lurnish to the assignee, without scribed. 
charge therefor, a dividend sheet. 

Section 3. No employee in any department of the state Employee of state 

, . n .'^ *> , . "^ '■ /• /. • to receive no offi- 

government shall receive tor his own use any tee tor copying ciai fee except for 
public records or documents, or for other service during '■^^'^^'^''y- 
office hours, but all fees for such service shall be paid to the 
head of the department and by him paid into the treasury of 
the Commonwealth. Any person violating the provisions of Penalty for vioia- 
this section shall be ineligible to be employed in any depart- 
ment of the state government. 

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

Approved May 16, 1865. 

An Act concerning the records of the town of melrose. Chcip. 260 

Be it enacted, Sfc, as folloics: ' 

Section 1. Edward R. Knights, lately clerk of the town Late cierk may 
of Melrose, is authorized and empowered to make a complete meeting heTd 
and perfect record of the annual meeting of the inhabitants offlciai.^°' ""^ 
of said town, held on the twenty-seventh day of March, in 
the year eighteen hundred and sixty-five, and to enter and 
certify the same on the records of said town; and such vaMityofandof 
record and all copies thereof certified by said Knights, shall ""^'"^ 
have the same force and effect as if duly made by him while 
town clerk. 

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

Approved May 16, 1865. 

An Act concerning street railway corporations. Chap. 261 

Be it enacted, S^c, as follows: 

Any street railway corporation violating any of the pro- violation of §§20, 
visions of sections twenty-six and twenty-seven of the two plnaity^^^' ^^^* ' 



640 1865.— Chapters 262, 263, 264, 265. 

hundred and twenty-ninth chapter of the acts of the year 
eighteen hundred and sixty-four shall be punished by a fine 
of not less than five nor more than twenty dollars, for each 
offence. Approved May IG, 1865. 

Chap. 262 An Act to abolish the board of bank commissioners. 

Be it enacted, Sfc, as follows : 
Abolished. Section 1. Tlie board of bank commissioners required to 

be appointed under tlie provisions of chapter fifty-seven of 

the General Statutes is hereby abolished. 
Jan 'mT^ ■^^' Section 2. This act shall take effect the first day of 

January, in the year eighteen hundred and sixty-six. 

Approved May 16, 1865. 

Chap. 263 -^^ ■^^'^ concerning offensive trades. 

Be it enacted, §'c., as follows : 
Failure of appeal SECTION 1. Whenever any person by mistake of law or 
3 days, "by error, fact Or by accidcut fails to appeal from any order of any 
not to bar right. ^^^^,^ ^^ health and to apply to the superior court or any 
justice thereof for a jury within tlie tliree days limited there- 
for by section fifty-six of chapter twenty-six of the General 
Statutes, such person may at any time thereafter appeal 
from such order and apply for a jury with the same effect as 
Provisos. if (lone within the said three days :' provided, that such per- 

son so appealing and applying sliall make it appear to the 
court or justice that such failure was caused by mistake or 
accident ; and provided, also, that such appeal and applica- 
tion shall be made within thirty days after service of such 
order upon such applicant. 

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

, Approved May 16, 1865. 

Chap. 264 An Act to change the name of the ladies' charitable asso- 
ciation IN HAVERHILL. 

Be it enacted, Sj'c, as follows : 

The Ladies Charitable Association in Haverhill shall here- 
after be called and known as the Old Ladies' Home Associa- 
tion. Approved May 16, 1865. 

Chap. 265 An Act to establish the gushing academy in the town of 

ashburnham. 

ThoTa^'p cush*^ TF7ie'/-ett5, Thomas P. Gushing, late of the city of Boston, 
ing. " merchant, deceased, in and by his last will and testament, 
bearing date the thirtieth day of July in the year eighteen 
hundred and fifty, and proved and allowed at the probate 
court holdeii at Boston, within and for the county of Suffolk, 
on tlie twenty-sixth day of December in the year eighteen 
hundred and fifty-four, declaring his opinion that " the 



1865.— Chapter 265. 641 

stability of our laws and the safety of our government, tlie 
right direction of our republican institutions, the preserva- 
tion of virtue and good morals, in short the well-being and 
happiness of society depend in a great degree upon the gen- 
eral diffusion of practical and useful knowledge among the 
people ; " and that he was " particularly desirous of using a 
portion of tlie estate with which God had blessed him for the 
promotion of so important an object as that of improving the 
education and thus of strengthening and enlarging the 
minds of the rising and of future generations ; " and hoping 
that others having similar views and opinions would here- 
after cooperate with him towards effecting the same great 
and desirable end, did devise and bequeath unto his execu- Bequest, 
tors named in said will, and to their successors forever, 
certain large and valuable real and personal estates in trust, 
for the foundation and endowment of two schools or semi- Purpose, 
naries of learning in his native town of Ashburnham, in the 
manner set forth in said will ; and did therein provide that Trustees, after lo 
upon the expiration of the term of ten years limited in said [ncJrporation. 
will for the increase and accumulation of the trust funds, 
the trustees should apply for an act of incorporation or 
charter, under which all the business and affairs of the 
schools thus founded might be conducted forever ; and the Application, 
said trustees have applied for a corresponding act of incorpo- 
ration ; therefore — 

Be it enacted hj/ the Senate and House of I^epresentafives,in General Court 
assembled, and hy the authority of the same, as follows : 

Section 1. There is hereby established in the town of A'^-'^'iemy estab- 

lisll6(l. 

Ashburnham an institution of learning by the name of the 
Gushing Academy, for the purposes set forth in the said will 
of the said Thomas P. Gushing. Francis Wayland, of Prov- Trustees appoint- 
idence, in the state of Rhode Island, Alexander H. Bullock, rated" ^'^'^°^^°' 
of Worcester, Josiah D. Grosby, Asa Rand, Ohio Whitney, 
junior, Jerome W. Foster and George G. Winchester, of 
Ashburnham, Abraham T. Lowe, of Boston, Ebenezer Tor- 
rey, Alvah Grocker and Amasa Norcross, of Fitchburg, A. P. 
Marvin and Isaac M, Murdock, of Winchendon, in the state 
of Massachusetts, are hereby appointed trustees of the said 
academy ; and they are hereby incorporated into a body 
politic by the name of the Trustees of the Gushing Academy, corporate title, 
and they and their successors shall be and continue a body 
politic and corporate by the same name forever ; with all the rowers. 
. powers and privileged requisite for carrying into full effect 
tl^ the provisions of said will, and with all the powers, rights 
and privileges, and subject to all the duties, restrictions and 



642 1865.— Chapter 265. 

liabilities set forth in the sixty-eighth chapter of the General 

Statutes and other acts in addition thereto, and in this act, 

not inconsistent with the provisions of said will. 

May hold estate SECTION 2. The Said trustccs may take and hold, all and 

thereafter*^ re- singular, the cstatcs, real and personal, devised and be- 

ceived. queathcd by the said Thomas P. Gushing in his said will, to 

the trustees therein named, for the purposes aforesaid, and 

may take and hold any other and further estates, real or 

personal, which may be acquired by them by gift, devise or 

ProTiso: limita- purchase, or otherwise, for the same inu-poses: provided, 

"°°' hoivever, that the actual value of the real and personal 

estates, by them so held or possessed, shall not at any one 

time exceed the amount of three hundred thousand dollars. 

Estate to be used All of which cstatcs shall be devoted and appropriated exclu- 

under said wiu. g-^.gj^ ^^^ ^Ijq pxirposcs of cducatiou iu the manner and to the 

ends set forth in said will. 

Trust funds de- SECTION 3. It sliall be tlic duty of the trustees carefully 

rn'/ested?'^ *° ^^ to iuvcst Or to hold iuvestcd, the trust funds derived under 

the said will in real estates within this Commonwealth, or in 

the notes, bonds or securities of the United States, or of the 

Commonwealth of Massachusetts, or of cities or towns within 

this Commonwealth, or notes or bonds amply secured by 

mortgages of real estates, or otlier equally safe collateral 

Income. sccuritics, and to apply the income thereof, but no portion 

of the principal, to the purposes prescribed in said will ; and 

other estates and to liold, usc and apply all other estates, real or personal, and 

income to be used ,i • ,i p i • i j.i • j. xi 

under donors' tlic incomc thercoi which they may receive, to the same 
noM%y trus^tees^ purposcs iu such mauucr as the respective donors or grantors 

thereof shall direct; and in default of such direction, in such 

manner as the ^aid trustees shall, in the exercise of a sound 

discretion, think expedient. 
Treasurer; trus- SECTION 4. The trustccs sliall appoint a treasurer, and 
under*°bond^°'° sliall rcquirc of him a bond with satisfactory sureties in the 

penal sum of not less than twenty-five thousand dollars for 
Acconnts and thc faitliful discliargc of his duties. And his books of 
tr°usteel^ °^^°'° account and vouchers shall be at all times open for the 

inspection of the said trustees or of any one of them. 
Clerk, appoint- SECTION 5. The trustccs shall appoint a clerk, whose 

ment and duties. ^^^^^ j^. ^^^^^^ ,^^ ^^ j^^^p ^ ^^jj ^^^^ ^^j^. ^^^^^^.^ ^^ ^j^^ proceed- 
ings of the board, and to discharge such other duties as they 
shall from time to time prescribe. 

Trustees may es- SECTION 6. TllC trUStCCS sliall haVO fuU pOWCr tO clcCt 

and'createoffices! sucli otlicr officcrs as they may from time to time think 
necessary or expedient, and to determine and appoint the 
tenures of their offices, and of those of the treasurer and 
clerk ; to remove any trustee who shall be incapable through 



1865.— Chapters 266, 267. 643 

age, infirmity or otherwise, for the discharge of the duties of May remove trus- 

his office, or who by unreasonable absence from the meetings 

of the trustees shall fail to discharge the duties of his office ; 

to fill all vacancies that shall occur in the board of trustees May m\ raean- 

by death, resignation, removal or incompetency ; and gener- '"*^" 

ally to do all acts and things necessary or expedient to be General powers. 

done for the purpose of carrying into full effect the provisions 

of the said will and the purposes of this act. 

Section 7. The number of trustees shall be thirteen, five Number of trus- 
of whom shall be a quorum for the transaction of business ^^^' '^^°^^'^- 
except in the . election or removal of trustees, when eight 
members present and voting shall be necessary ; and the said First meeting. 
Amasa Norcross is hereby authorized and empowered to 
prescribe the time and place for the holding of the first 
meeting of the said trustees and to notify them thereof. 

Approved May 16, 1865. 

An Act to iNCORroRATE the boston screw company. Chap. 266 

Be it enacted, ^c, as follows : 

Section 1. Quincy A. Shaw, Gilman Collamore, Harvey corporators. 
T. Litchfield, their associates and successors, are hereby 
made a corporation by the name of the Boston Screw Com- 
pany, for the purpose of manufacturing screws and screw Purpose, 
making machines in the city of Boston ; with all the powers powers. 
and privileges and subject to all the duties, liabilities and 
restrictions set forth in all general laws which now are, or 
hereaftef may be, in force relating to such corporations. 

Section 2. The said corporation may purchase and hold Reai estate. 
real estate for the purpose aforesaid, to the amount of two 
hundred thousand dollars, and be divided into shares of one shares. 
hundred dollars each. 

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

Approved May 16, 1865. 

An Act concerning the tax on depositors in savings banks. Chap. 267 

Be it enacted, Sj-c, as follows : 

Section 1. So much of chapter one hundred and sixty- ^j^%2^^^^^l^l''^'' 
four of the acts of the year eighteen hundred and sixty-three 
as applies to savings banks is hereby repealed. 

Section 2. This act shall take effect on the first day of 

July next. Approved May 16, 1865. 



644 1865.— Chapters 268, 269. 

Chap. 268 -^^ ^ct amending tuk act concerning state lunatic hospitals 
"' and insane and idiotic persons. 

Be it enacted, ^'c, as follotos : 

Admission certifi- SECTION 1. TliG eighth sGctioii of the two hvmdred and 
tf be uponinfor" tweiity-thii'd chaptcr of the acts of the year eighteen hundred 
mation. ^^^ sixtj-two is herebj so amended that the certificate, signed 

by two respectable physicians and required by said section, 
shall be made according to the provisions of said section, 
after due inquiry and personal examination of the patient by 
them. 
Upon application SECTION 2. Upou application for the admission of an 
asylum address insaiie pcrsoii to any state lunatic hospital, or to any. asylum 
quired.**'^^^ '"'" or private house for the reception of the insane, the applicant 
shall file with his application a statement containing the 
names and address of such insane person's father, mother, 
children, brothers, sisters or other next of kin, not exceeding 
ten in number, and over eighteen years of age, when the 
names and address of such relatives are known by the per- 
son or persons making such application, and such statement 
shall be filed with the order of commitment or application 
Notice of com- for admissiou. And the superintendent, or person in charge 

niitment to be „ , , , r- j i i- i^ xi • 

seat them. 01 sucli asylum or house lor the reception ot the insane, 
shall, within two days from the time of the admission or 
commitment of any insane person, send, or cause to be sent, 
a notice of said commitment in writing, by mail, postage 
prepaid, to each of said relatives, and to any other two 
persons whom the person committed shall designate. 

Approved May 16, 1865. 

Chap. 269 ^^ -A^ct in PvElation to certain penalties under the eigiity- 

SEVENJH CHAPTER OF THE GENERAL STATUTES. 

Be it enacted, §'c., as follows: 

Common nuis- SECTION 1. Wheiievcr in the discretion of the court the 
:iuce, minimum ^^gj^^jg gg|- foj-tj^ \y^ i\^q seventh scctiou of the eighty-seventh 
G. s. 87, § 7. chapter of the General Statutes is punished by a fine only, 

such fine shall not be less than two hundred dollars. 
Fine under § 2, SECTION 2. The sccoud scction of the seventy-eighth 
i 8, '63, increased, ^j^j^p^gp of thc acts of the year eighteen hundred and sixty- 
three is hereby so amended that the limit of punishment by 
fine shall be two hundred dollars, instead of one hundred 
dollars. 
Not to affect suit SECTION 3. Nothing in this act contained shall affect any 
pen ing. prosccution pending, or any liability or penalty incurred for 

any offence committed prior to the time this act sliall take 
effect. Aj)proved May 16, 1865. 



1865.— Chapters 270, 271. 645 

An Act concerning mastkks and apprentices. Chop. 270 

Be it enacted, ^"c, as folloios : 

Section 1. No minor sliall be bound as an apprentice or Master to have 

,,,. , -,. .ii bond for service. 

servant, unless his parent or guardian, or some responsible 
person in his behalf, shall give a written bond in the sum of 
two hundred dollars to the master, with condition that the 
minor shall serve him for the full term of such apprentice- 
ship or service, and that the master shall be held harmless 
from any loss or damage from the breach of such condition : 
provided, that minor children who have no parents able to Proviso. 
give such bond, may be so bound by giving a bond in such 
sum as may be agreed upon by and between the master and 
the parents, or auardian of such minor. And the master Minor to have 

1 11 1 • 1 1 , ,1 • • Ti -i-i T bond of master. 

shall also give bond to the minor m a like sum, with condi- 
tion that he shall comply with the conditions of the inden- 
ture, and shall not be guilty of any misconduct towards the 
apprentice or servant, and shall hold the apprentice or ser- 
vant harmless from any loss or damage by reason of any 
failure on his part to comply with the terms of the indenture 
or contract : provided, that whenever minors are bound by Proviso. 
state, town or municipal authorities or authorized agents, 
the bond required to be given to the master, may be waived 
by the parties. 

Section 2. The bond given by the master, shall be kept custody of bond 
for the use of the minor, by the parent or guardian ; and 
when there is no parent or guardian, it shall be deposited 
with the town clerk where the master resides, and safely 
kept in his office for the use of the minor. 

Section 3. Sections eighteen, nineteen and twenty, of g. s. in, §§ is, 
chapter one hundred and eleven of the General Statutes are ^^' ^^ '^«p'^=^'«'^- 
hereby repealed. Approved May 16, 1865. 

An Act in addition to an act passed in the year one thousand Qhnr) 271 

EIGHT hundred AND SIXTY-FOUR, ENTITLED AN ACT IN RELATION ^ ' 

TO TRUSTS AND TRUSTEES. 

Be it enacted, Sfc, as follows: 

Section 1. Any corporation failing to comply with the corporation not 
provisions of the first section of chapter two hundred and i^^sof '64 Tpen- 
thirty-nine of the acts of the year one thousand eight hun- ^^^^' 
dred and sixty-four, shall be subject to a penalty of not less 
than one hundred, nor more than three thousand dollars. 

Section 2. To secure compliance with the requirements secretary to send 
of the first section of chapter two hundred and thirty-nine of '^°^^'' 
the acts of the year eighteen hundred and sixty-four, the 
secretary of the Commonwealth shall annually, in the month 
of August or September, transmit to the corporations referred 
to in said first section, a copy of the aforesaid act, and of this 

Si 



646 



1865.— Chapter 272. 



act, and of any act that may be passed in addition thereto. 

unquentrto at ^^^ ^^^^^^ ^^^^ Tcport to thc attomey-gcneral the names of all 

torney-generai. corporations failing to make the returns required by law, 

who shall thereupon take measures for the enforcement of 

the penalty in such cases provided. 

'65, re- SECTION 3. Chapter one hundred and forty-three of the 

acts of the year eighteen hundred and sixty-five is hereby 

repealed. 

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

Approved ](tay 16, 1865. 



Act 143, 
pealed. 



Chap. 272 

Corporators. 



Title. 
Purpose. 



Capital stock. 



Shares. 
Real estate. 



Conditions of 
operation ; gov- 
ernor to appoint 
commission. 



Duties of com- 
missioners. 



Transfer of capi- 
tal. 



Loans to stock- 
holders. 

Money and chat- 
tels, company not 
to use in trade. 



An Act to incorporate the boston safe deposit company. 

Be it enacted, Sfc., as follows : 

Section 1. Samuel H. Walley, William Ropes, William 
Endicott, junior, their associates and successors, are hereby 
made a corporation by the name of the Boston Safe Deposit 
Company, for the purposes of receiving on deposit, for safe 
keeping, government securities, stocks, bonds, coin, jewelry, 
plate, and other valuable property of every kind, upon terms 
to be prescribed by the corporation. 

Section 2. The capital stock of said corporation shall be 
two hundred thousand dollars, with the privilege of increas- 
ing the same to five hundred thousand dollars, to bo divided 
into shares of one hundred dollars each, and said company 
may hold real estate not exceeding in value the sum of one 
hundred thousand dollars. 

Section 3. The company shall not go into operation until 
one-half of its capital stock has been paid in, in lawful money 
of the United States, nor until such money has been exam- 
ined by three commissioners appointed by the governor ; 
such commissioners shall, at the expense of the company, 
examine and count the same actually in the vaults, and 
ascertain by the oaths of a majority of the directors, that 
such money has been paid in by the stockholders towards 
payment of their respective shares, and not for any other 
purpose, and that it is intended that the same shall remain 
therein as part of its capital, and shall return a certificate 
thereof to the governor. ■ 

Section 4. No part of the capital stock of said company 
shall be sold or transferred until the whole amount thereof 
is paid in. 

Section 5. No loan shall be made to a stockholder until 
the full amount of his shares is paid into the company. 

Section 6. Said company shall not use or employ any of 
its money, goods, chattels or effects in trade or commerce, 
but may sell any property held by it in pledge, and if the 



1865.— Chapter 272. 647 

proceeds of such sale are more than sufficient to repay the May eeii pledged 
sum loaned on such pledge, together with interest and p™P"'y *« repay 
expenses, the surplus shall, upon request, be paid over by surplus. 
the company to the person who conveyed the property in 
pledge, or to his assigns. 

Section 7. Said company shall have no less than seven Directors of cor- 
directors, nor more than twelve, the number to be deter- ^°''"' '°''' 
mined by the by-laws. 

Section 8. No person shall be a director unless he is a Qualifications, 
stockholder of the company holding unpledged stock therein. 

Section 9. A majority of the directors shall reside or Residence, 
have their place of business within twenty miles of the city 
of Boston. 

Section 10. The directors shall be chosen by the stock- Election of to be 

• iiT-i -i^nj. ^y stockholders, 

holders annually, at a meetmg held m the city oi Boston on annuaiiy. 
any day designated in the by-laws of said company, the hour 
and place of said meeting to be appointed by the directors. 

Section 11, A majority of the directors shall b*e a quorum Quorum. 
for doing business. 

Section 12. The directors shall cause a book to be kept Record of doings, 
in which shall be entered all loans made by the company, fo°aas!°''^^ ^ 
the names and proceedings of all the directors present at any 
meeting for official business, and the company failing to 
comply with the provisions of this section, shall forfeit for Penalty for neg- 
each neglect five hundred dollars. 

Section 13. The directors may call special meetings of Directors may 
the stockholders as often as the interest of the corporation "'''" "neetings. 
requires. 

Section 14. They shall choose one of their number to act siiaii choose pres- 
as president, and may make him such compensation as they 'J^'^'^.^'^fi^P'^y- 
think reasonable. 

Section 15. They shall appoint a treasurer who shall not Appoint treas- 
be a director, and may appoint clerks and other officers for "ther officers"!"* 
conducting the business of the company, all of whom shall 
be removable at the pleasure of the directors, and neither of Restriction. 
whom shall be permitted to hire money of the company. 

Section 16. The treasurer, before he enters upon the Treasurer to give 
duties of his office, shall give a bond or bonds, with two or *'°"'^^" 
more slireties, to the satisfaction of the directors, conditioned 
for the faitliful performance of the duties of his office ; and 
in no case shall bonds be taken for a less sum than twenty 
thousand dollars. 

Section 17. He shall, on the application in writing of special meetings, 
the proprietors of one-fifth part of the capital stock, call ''°^'=*"*^- 
special meetings of the stockholders. 



648 1865.— Chapters 273, 274. 

G. s. Hofch.57, Section 18. The seventy-third, seventy-fourth, seventy- 
n°e^''as'^to°b™nks fifth, scventy-sixth, seventy-seventh, seventj^-eighth, eighty- 
tufionl'"^^ '"'"' first' <^"^ hundred and second, one hundred and third, one 
hundred and fourth and one hundred and forty-eighth sec- 
tions of the fifty-seventh chapter of the General Statutes 
shall apply to and be in force against this company, in the 
same manner and to the same extent as they apply and are 
in force against banks and savings banks respectively. 
G. s. ch. 68, to Section 19. This company shall be subject to the pro- 
*^^^^" visions of the sixty-eighth chapter of the General Statutes, 

and such general laws as are applicable to the same. 
Section 20. This act shall take effect upon its passage. 

Approved May 16, 1865. 

Chap. 273 -^^ Act to incorporate the bay state silver mining company. 
Be it enacted, §'c., as follows : 

Corporators. SECTION 1. William S. Eosccraus, Thomas W. Pierce, J. 

Frederick Marsh, their associates and successors are hereby 
made a corporation by the name of the Bay State Silver 

Powers. Mining 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. 

Purpose. Section 2. The purposes for which said corporation is 

established and formed are the procuring, holding and min- 
ing of mineral property in the state of Nevada, and its place 
of business shall be in the city of Boston. 

Capital stock. SECTION 3. Tlic Capital stock of said corporation shall be 

Shares. fivc liuudrcd thousaud dollars, to be divided into shares of 

Condition. one hundred dollars each. Said corporation shall not go 

into operation until the sum of two hundred thousand 
dollars has been paid in. 

stockholders may SECTION 4. Said Corporation may increase its capital 

increase capital. ,ii it ,i , ;, t n i 

stock, by adding thereto an amount not exceeding nve hun- 
dred thousand dollars, whenever two-thirds in interest of the 
stockholders, at a meeting called for that purpose, shall by 
ballot so determine. 

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

Approved May 16,«-1865. 

Chap. 274 -^^ ^^'^ concerning the assignment and DISTRinUTION OP THE 
MONTHLY COMPENSATION OF VOLUNTEERS. 

Be it enacted, ^'c, as follows : 
Volunteer in u. Auy voluntccr iu tlic military service of the United States 
signpirto^officer entitled to monthly compensation, as provided by the third 
ZT'T%3!'th. section of the two hundred and fifty-fourth chapter of the 
254, § 3. ' acts of the year cigliteen hundred and sixty-three, may 



1865.— Chapter 275. 649 

assign the same, or any part thereof, for the use of any per- 
son in this Commonwealth, to any officer appointed pursuant 
to tlie fifth section of said act, wlio shall receive and distri- 
bute the money thus assigned, in the same manner as by the 
fourth section of said act the treasurer and receiver-general 
is required to receive and distribute money assigned to him ; 
and the treasurer of any city or town, upon receiving notice Treas'erof town, 
from such officer of any such assignment of money, shall d?aw and 'appi.v° 
draw therefor upon and make returns to said officer in the l^ y^'^^^ '^^- ^' 
same manner, and perform the same duties in relation 
thereto, as he is required to do by the sixty-second chapter 
of the acts of the year eighteen hundred and sixty-two, in 
case of money assigned to the treasurer and receiver-general ; 
and money assigned as herein provided shall be received, 
disbursed, and held by snch officer and by any such city or 
town treasurer, subject to the same provisions of the said 
chapter as if it had been assigned or remitted to the 
treasurer and receiver-general. Approved May 16, 1865. 

An Act to authorize the boston, hartford and erie railroad QJimj 275 

COMPANY TO MORTGAGE ITS RAILROAD. ^ ' 

Be it enacted, Sfc, as follows : 

The Boston, Hartford and Erie Railroad Company is May g'^e mort- 
hereby authorized to secure any bonds it has issued or may bonds issued un- 
issue under authority of its charter, granted by the legisla- ter. ^°°"' *''^"" 
ture of the state of Connecticut, in the year eighteen hundred 
and sixty-three, by mortgage of its railways, property, rights 
and franchise, or any part thereof, purchased or acquired by 
contract or arrangement with the Southern Midland Railroad 
Company, or the New York and Boston Railroad Company, 
and situate or being, or that it may have situate and being 
in this Commonwealth, by deed duly made and executed 
under the provisions of said charter, and securing all bonds 
previously issued by, and all pre-existing debts of said cor- 
poration. Said mortgage shall be recorded in the registry Records to be 
of deeds in the several counties in which said railways, fran- "ru^te.'^''"^ 
chises and property mortgaged may be situate : provided, provisos, 
that nothing in this act contained shall in any way affect any 
claim, or any remedies for the enforcement of the same, 
which any person may have against said corporation or any 
other railroad corporation, whose rights have been or may be 
acquired by said Boston, Hartford and Erie Railroad Com- 
pany, or under any lien upon any real estate, for damage 
caused to such person by the taking of the land or any part 
thereof included within the location of said corporations, or 
any or either of them, or by the laying out, making and 
maintaining a railroad over the same : provided, that if said 



650 1865.— Chapters 276, 277, 278. 

corporation shall in such mortgage inchide any part of the 
franchise and property by them obtained from the New York 
and Boston Raih'oad Company, the holders of the bonds or 
mortgage notes of said last named company shall have the 
right, on the surrender of their said bonds or notes, at any 
time within two years from the date of such mortgage, to 
receive in the bonds to be secured by said mortgage an 
amount equivalent, having regard to the rate of interest and 
♦ the time of maturity, to their respective bonds or notes. 

Approved May 16, 1S65. 

ChaV. 276 -^^ ■^^^ ^^ addition to an act to incorporate the temporary 
■' * home for the destitute. 

Be it enacted, ^'c, as follows : 
Directors may • Tho board of managers of the Temporary Home for the 

receive cuildreD x •/ 

and accept sur- Dcstitutc sliall liavc autliority to receive into their house 

rentorguaraian. sucli children as they may deem suitable objects of charity, 
and also to accept a surrender in writing by the father, and 
where there is no father, by the mother, and where there is 
no father or mother, by the guardian of any child or children, 

May bind out in to the carc and direction of said corporation ; and to bind out 
in virtuous families, until the age of twenty-one years', any 
boy or boys thus surrendered, and until the age of eighteen 
years, any female child or children thus surrendered. 

• Approved May 16, 1865. 

Chap. 277 -^^ -^^t forbidding unjust discrimination on account of color 

or race. 

Be it enacted, §'c., as follows : 
Distinction pro- Section 1. No distinction, discrimination or restriction 

on account of color or race shall be lawful in any licensed 

inn, in any public place of amusement, public conveyance or 

public meeting in this Commonwealth. 
Penalty for SECTION 2. Any pcrsou offcuding against the provisions 

ence. ^^ ^^^j^ ^^^ ^\\^\\ \)Q punishcd by a fine not exceeding fifty 

dollars. ' Approved May 16, 1865. 

Chap. 278 An Act to establish the fort hill corporation. 

Be it enacted, ^'c, as follows : 

Purpose. Section 1. For the purpose of improving that part of the 

city of Boston mentioned and described in section two, and 
causing the same to be graded and new streets to be laid out 
and constructed over the same, so as better to promote the 

Corporators. public intcrcst, Johu Foster, Franklin King, Hamilton Willis, 
their associates and successors, are hereby constituted a body 

Title. corporate, by the name of the Fort Hill Corporation, with 

Powers. all the powers and privileges, and subject to all the duties 



1865. Chapter 278. 651 

and liabilities set forth in all general laws that now are or 
may hereafter be in force and applicable to snch corporations. 

Section 2. Said corporation shall have power to pnr- May purchase 
chase, hold and possess, in fee simple or otherwise, any part known°M Fon 
or all the land, with the buildings and other improvements ii'".'nJ^oston. 
thereon standing, situate in that part of Boston known as 
Fort Hill, and lying easterly of the estates fronting on Pearl Boundaries, 
street, between Broad and Milk streets, southerly of estates 
fronting on Milk street, between Pearl and Batterymarch 
streets ; southerly and westerly of Batterymarch street, 
southerly of the estates fronting on Broad street, between 
Batterymarch and Purchase streets ; and westerly and 
northerly of that part of Broad street, between said Purchase 
street and its intersection with said Pearl street; and said May sen or lease 

..iiii , iiii • the same or any 

corporation shall have power to grant, sell and convey, m part, and manage 
fee simple or otherwise, the said corporate property, or any [erest".'^^'"^'''^ '° 
part thereof, and to 16ase, mortgage, improve or otherwise 
manage the same, in such manner as may be deemed most 
for the interest of said corporation ; and said corporation May hoid per- 
may hold personal property necessary for the excavating and ^^nai property. 
grading of said hill, not to exceed in amount five hundred 
thousand dollars, and its whole capital stock shall not exceed capital stock. 
one million five hundred thousand dollars : provided, that if Proviso. 
said corporation shall lease or knowingly suffer to be occu- 
pied for the space of three months, any building owned by 
them for the illegal sale of liquors or for other unlawful 
uses, it shall forfeit one hundred dollars for the first offence, 
and five hundred dollars for each subsequent offence. 

Sections. The stock and property of said corporation shares and man- 
shall be. divided into shares not exceeding fifteen thousand "^^^^'^^e. 
in number, certificates of which shall be issued under the 
seal of the corporation and signed by the president and 
treasurer thereof ; and said shares may be transferred by an Transfer, 
assignment indorsed upon the certificate and recorded by 
the clerk of said corporation, in a book kept for that purpose. 

Section 4. The business affairs of said corporation shall Directors to be 
be conducted by a board of not more than nine nor less than ' °^^^ ^°°"'' ^' 
five directors, to be chosen annually by ballot. Each share- 
holder shall be entitled to as many votes as he may hold 
shares in the corporation, and a majority of the directors so Quorum, 
chosen shall be necessary to form a quorum for the transac- 
tion of business. 

Section 5. The said directors may make such equal Directors may 
assessments, from time to time, as they may deem expedient ™*^^ assessm ts. 
and necessary for the objects of the corporation, and may 
direct the same to be paid to the treasurer thereof; and if 



652 1865.— Chapter 278. 

Neglect to pay any propHctor shall neglect or refuse to pay any assessment for 
to' authorize sale the spacc of thirty days from the time the same shall have been 
of shMCB. ^uQ^ the directors may order tlie treasurer to sell said share 

or shares at public auction to the highest bidder, after giving 

due notice thereof, and the same shall be transferred to the 
Proprietor heki purcliascr, and the delinquent proprietor shall be holden to 
Sses^smentt "if pay said corporatiou the balance, if his share or shares shall 
^°y- sell for less than the amount assessed thereon, with the 

May have sur- iutcrcst aud cost of salc ; and he shall be entitled to the 
^'"^" overplus if his share or shares shall sell for more than the 

assessment due, with the interest and cost of sale : provicled, 
Proviso. hoivever, that no assessment shall be laid on any share in 

said corporation of a greater amount in the whole than one 

hundred dollars on each share. 
Aldermen to pre- SECTION 6. The board of aldermcu of the city of Boston 

scribe mode of ■,■,■,-, . . -, •!• i, -i 

lowering grade, sliall detcrmme ana prescribe in wliat manner said corpora- 
tion may dig down and lower the grade of said hill, and what 
streets of said city may be used in removing the earth, and 
shaiiiay out new the iTiodc aud manner of using the same. Said board shall 
lay out such new streets, and alter and discontinue such of 
the old streets, courts and places, upon and across said hill, 
as they shall determine to be for the common convenience 
and necessity, having due reference to the reasonable accom- 
Damages, how to modatloii of Said corporatioii ; and the damages occasioned 
be assessed. tlicrcby to any persons in their property shall be assessed in 
the same manner in all respects ^s in other cases of laying 
Proviso. out, altering and discontinuing streets and ways : provided, 

that nothing in this act shall be construed to authorize said 
corporation to take any land belonging to any person without 
the consent of the owner thereof. 
Aldermen may SECTION 7. The Said board of aldcrmcn may make such 
o^^cTty on°^ForI dlspositiou, by sale, exchange or otherwise, of the interest of 
i^glon'^qu^e^.^'*" ^^^^ ^^^Y ^'^ ^"7 ^^^^^ ^^^ ^"7 strcct, placc or court, which may 
be discontinued, under the provisions of this act, and in 
Washington square, and of any other property of said city 
upon said hill, or embraced within the limits of the bounda- 
ries specified in the second section of this act, and may make 
May make ex- sucli agreement with said corporation for an exchange of the 
porrtlon"'"^ '^°'' same, or any part thereof, for other land within said bounds, 
which may be needed for new streets, courts and places, and 
for other purposes, as said board may deem best for the 
public interest. 
Shall determine SECTION 8. Bcforc said corporatiou shall do any work in 
age^'^b'efore wodc loweHiig said liill, whicli would require the said board of 
corpwrtio^n^^ aldermcn, in their judgment, to lay out, alter or discontinue 
any street, said board shall determine whether the whole or 



1865.— Chapter 278. 653 

any and what portion of the damage for which said city 
would be Hable by reason of such laying out, alteration or 
discontinuance, shall be borne by said corporation, for the 
benefit which said laying out, alteration or discontinuance 
may be to said corporation ; and if said corporation shall, corporation pro- 
after such determination, proceed A?itli said work of lower- ply 't!f dty sum 
ing said hill, then said corporation shall be liable to and shall damages^ ^°'^ 
pay the city such an amount of the damages which said city 
may have to pay by reason of such laying out, alteration or 
discontinuance, as shall have been so determined by said 
board ; and before proceeding with said work, said corpora- shaii give bona 
tion shall give a bond to the said city, satisfactory to said fore^ope°^tng ^''' 
board, to pay into the city treasury all damages which by the '^'"'^• 
determination of said board, made as aforesaid, they are to 
pay on account of the damages occasioned by such laying out, 
alteration or discontinuance. Said board of aldermen may aiso, bond for 
also require of said corporation a bond, with such conditions sewersaua^drah^s 
as said board may prescribe, in relation to the expense of *°^ alteration of 
providing sewers and drains required by the lowering of said 
hill and the laying out, alteration or discontinuance of any 
street, under the provisions of this act. 

Section 9. This act shall be void at the expiration of conditions of va- 
three years from the date of its passage, unless the said cor- ^'^''^>' "^ *"='• 
poration shall within that period have purchased not less than 
fifty thousand square feet of land, within the boundaries set 
forth in the second section of this act, and shall have exca- 
vated not less than one-half of the same to a depth of not 
less than ten feet, and have expended a sum not less than 
two hundred thousand dollars for the objects herein set 
forth. 

Section 10. Nothing in this act shall in any way limit, R's'^*? of city in 
restrain or abridge the right which the city of Boston now nofabddgeT^ '" 
have in and to the open space or common on the summit of 
the said Fort Hill, called Washington square. 

Section 11. Nothing in this act contained shall prevent powers of city 
the board of aldermen or other proper authorities of the wa^s 'noT'modu 
city of Boston from laying out any new streets, or from ^^'^• 
altering, widening or lowering the grade of any old street 
upon and over the territory embraced in this act, under and 
in pursuance of any power they now or may hereafter have ; 
nor shall any of the provisions of this act exempt any real Reai estate of eor- 
estate of said corporation from the operation of any law asotoer estate to 
which may now or hereafter be in force, affecting the rights ^^'^• 
of owners of real estate, within the bounds described in the 
second section of this act. 

35 



654 1865.— Chapters 279, 280, 281, 282. 

Act to be ac- Section 12. This act shall be void and of no effect, unless 
within year or tlic Same shall be accepted by the city council of Boston 
be void. within one year from the date thereof. 

Approved May 17, 1865. 
Chap. 219 -A-N Act to amend the "act to establish the fort hill 

CORPORATION." 

Be it enacted, Sfc, as follows: 

nien°excf TisTo" ^^^ ^^^J dispositiou, by sale, exchange or otherwise, which 
streets, to have shall bo madc by the board of aldermen of the city of Bos- 
concurrence of , f. TIT 1 . , P 1 T /> • 1 -i i1 

common council, tou, 01 Washnigton squarc, or oi lands oi said city other 
than those now used for streets, places or courts, mentioned 
in the seventh section of the " Act to establish the Fort Hill 
Corporation," passed in the year eighteen hundred and sixty- 
five, the concurrence of the common council of said city shall 
be had before such disposition shall be made. 

Approved May 17, 1865. 

Chap. 280 An Act in further addition to " an act to establish the fort 

HILL corporation." 

Be it enacted, Sfc, as follows: 
Corporation to ^^ act entitled "An Act to establish the Fort Hill Corpo- 

become defunct .,, -i.i • ^ t t i t • n 

in 20 years un- ratiou, passcd m thc year eighteen hundred and sixty-five, 
extended'.'*'^ '* IS hcrcby so far modified that the charter of said corporation 
shall terminate at the expiration of twenty years from the 
passage of said act, at which time said corporation shall set- 
tle and close its concerns and dispose of its property, unless 
such charter shall be further extended by the legislature. 

Approved May 17, 1865. 

Chap. 281 An Act to amend " an act giving jurisdiction to police courts 

in certain cases." 
Be it enacted, Sfc., as follows : 

A^t of '63, ch. 78, Section 1. The second section of chapter seventy-eight 
of the acts of the year one thousand eight hundred and 
sixty-three is hereby amended, by striking out the word 
"and" and substituting therefor the word "or." 

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

Approved May 17, 1865. 
Chap. 282 -^^ ^^'^ making appropriations to meet certain expenditures 

" authorized THE PRESENT YEAR, AND FOR OTHER PURPOSES. 

Be it enacted, §'c., as folloivs : 

aiXorS'.'°°' Section 1. The sums 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 



1865.— Chapter 282. 655 

purposes, to wit: In the resolve, chapter six, in favor of Isaac u. siisby. 
Isaac H. Silsby, a sum not exceeding one hundred and 
twenty-five dollars. In the resolve, chapter seven, in favor washingtouian 
of the Washingtouian home, a sum not exceeding five thou- ^°'^^' 
sand dollars. In the resolve, chapter eight, for the support Marshpee schis. 
of Indian schools in the district of Marshpee, a sum not 
exceeding seventy-five dollars, to be paid from the income of 
the Massachusetts school fund. In the resolve, chapter John Hector. 
nine, for the benefit of John Hector, a sum not exceeding 
one hundred dollars. In the resolve, chapter ten, for the Jemima Easton. 
benefit of Jemima Easton, a sum not exceeding one hundred 
and four dollars. In the resolve, chapter twelve, in favor of wm. Hoibrook. 
William Hoibrook, junior, a sum not exceeding fifty-four 
dollars and fourteen cents. In the resolve, chapter thirteen, w. h. h. joy. 
in favor of W. H. H. Joy, a sum not exceeding ninety-six 
dollars. In the resolve, chapter fourteen, for the benefit of RhodaM. Taylor. 
Rhoda M. Taylor, a sum not exceeding fifty dollars. In the saiiy Burr and 
resolve, chapter fifteen, for the benefit of Sally Burr and .° 
others, a sum not exceeding three hundred and four dollars. 
In the resolve, chapter eighteen, in favor of the family of Jos. t. wright. 
Joseph T. Wright, a sum not exceeding three hundred dol- 
lars. In the resolve, chapter nineteen, in favor of R. H. r. h. Brigham. 
Brigham, a sum not exceeding thirty-four dollars. In the Northampton 
resolve, chapter twenty, in favor of the Northampton lunatic '»°=^"<' ^°«p"ai- 
hospital, a sum not exceeding four thousand dollars, payable 
upon properly approved vouchers filed with the state audi- 
tor. In the resolve, chapter twenty-one, in favor of the idiotic school. 
Massachusetts school for idiotic and feeble-minded youth, a 
sum not exceeding three thousand dollars, in addition to the 
sum heretofore appropriated. In the resolve, chapter twen- Asyium disch'd 

,, • x- o A 1. 1 i-Ti T female prisoners. 

ty-two, ni tavor ot the temporary asylum lor discharged 

female prisoners, a sum not exceeding twenty-five hundred 

dollars. In the resolve, chapter twenty-three, in favor of John l. Brigham 

John L. Brigham, a sum not exceeding fifty-six dollars and 

sixty-six cents. In the resolve, chapter twenty-six, in favor j.scottTodd. 

of J. Scott Todd, a sum not exceeding two hundred dollars. 

In the resolve, chapter twenty-nine, in favor of A. C. Chad- a. c. chadwicii. 

wick, a sum not exceeding forty-six dollars and fifty cents. 

In the resolve, chapter thirty-one, for the benefit of Samuel sam'i ciscce. 

Ciscoe and others, a sum not exceeding two hundred dollars. 

In the resolve, chapter thirty-two, in favor of John Mayhew, johnMayhew, 

for the support of Indian schools, a sum not exceeding one i^'^'an schools. 

hundred and forty-nine dollars, to be paid from the income 

of the Massachusetts school fund. In the resolve, chapter b. c. Marchant, 

thirty-three, ui favor of Barnard C. Marchant, for the sup- the^irschoX'"'^ 

port of certain Indians, a sum not exceeding one hundred 



656 1865.— Chapter 282. 

and eighty-six dollars and forty-nine cents ; also, for the 
support of Indian schools, a sum not exceeding one hundred 
and four dollars, the latter to be paid from the income of the 
Industrial schu. Massacliusctts school fuud. In the resolve, chapter thirty- 
four, in favor of the industrial school for girls, a sum not 
exceeding twenty-five hundred dollars, payable upon properly 
Disch'd soldiers' approvcd vouclicrs filcd with the state auditor. In the 
^°'^^' resolve, chapter thirty-five, in favor of the discharged soldiers' 

Soldiers' national liomc, a sum not excccding twenty thousand dollars. In 
cemetery. ^^^^ rcsolvc, chaptcr thirty-six, in favor of the soldiers' 

national cemetery corporation, a sum not exceeding four 
thousand two hundred and five dollars and thirty cents ; 
Henry Edwards, also ill favor of Hcury Edwards, commissioner, a sum not 
exceeding one hundred and twenty-three dollars and forty- 
Mass, eye and ear seven cents. In the resolve, chapter thirty-nine, in favor of 
in rmary. ^j^^ Massachusctts cyc and ear infirmary, a sum not exceed- 

state arsenal, im- iug thrce thousaud dollars. In the resolve, chapter forty- 
provements. ^^^^ ^^^. improvcmcnts at the state arsenal, a sum not exceed- 
copying provin- iug clcven tliousaud dollars. In the resolve, chapter forty- 
ciai statutes. thrcc, for copyiug provincial statutes, a sum not exceeding 
Invertebrate ani- ouc thousaiid dollars. lu thc resolvc, cliaptcr forty-four, for 
mais, report. ^j^^ publication of Gould's report on invertebrate animals, a 
sum not exceeding four thousand dollars, payable on proper 
Obstructions of vouclicrs fumishcd to the state auditor. In the resolve, chap- 
^^' ter forty-five, concerning obstructions to the passage of fish in 

certain rivers, a sum not exceeding one thousand dollars. 
N. E. hospital for In thc rcsolvc, chaptcr fort3--six, iu favor of the New En g- 

women and chil- it, • , i f timt i t 

dren. laud liospital tor women and children, a sum not exceeding 

statist! returns, five tliousand dollars. In the resolves, chapter forty-eight 
pay for. ^^^^ fifty-four, for the compensation of persons employed in 

the collection of statistical returns, a sum not exceeding fifty 
state prison, cer- thousand dollars. Ill the resolve, chapter forty-nine, in 
favor of certain officers of the state prison, a sum not exceed- 
Deaf and dumb, ing tlircc thousaud dollars. In the resolve, chapter fifty, in 
favor of the American asylum for deaf and dumb, a sum not 
Allotment com- excccding fivc thousaud dollars. In the resolve, chapter 
missioners. fifty-thrcc. 111 favor of tlic allotment commissioners, a sum 
H. K. oiiTer. not excccding one thousand dollars. In the resolve, chapter 
fifty-five, in favor of H, K. Oliver, a sum not exceeding six 
Nantucket, town, liuudrcd aiid fourteeii dollars. In the resolve, chapter fifty- 
six, in favor of the town of Nantucket, a sum not exceeding 
five hundred and eighty-eight dollars and fifty-nine cents. 
Kockport, town. Jn tlic rcsolvc, cliaptcr fifty-seven, in favor of the town of 
Rockport, a sum not exceeding six hundred and fifty-six 
piym'th harbor, dollars aud twenty-five cents. In the resolve, chapter sixty- 
preserva ion. ||^j,gg^ f^j, ^|-^q preservation of Plymouth harbor, a sum not 



1865.— Chapter 282. 657 

exceeding five thousand dollars, to be paid from the coast 
defence fund. In the resolve, chapter sixty-six, in favor of Nautical school. 
the nautical branch of the reform school, a sum not exceed- 
ing twenty thousand dollars, payable on properly approved 
vouchers filed with the state auditor. In the resolve in favor cierks, etc., de- 
of clerks and employes in the departments at the state house, p^'^'™«'»'^- 
a sum not exceeding twenty-three thousand three hundred 
dollars. In the resolve in favor of the chaplains, door- chaplains, door- 
keepers, messengers and pages of the legislature, a sum not isSre.^''^'' *^' 
exceeding four thousand seven hundred dollars. In the AVatchmen and 
resolve in favor of the watchmen at the state house, messen- '"^^^^"sers. 
ger and assistant-messenge|^ of the governor and council, and 
the messenger of the secretary of the Commonwealth, a sum 
not exceeding thirteen hundred dollars. In the resolve Provincet'n har- 
providing for the preservation of Provincetown harbor, a °^' preseryatn. 
sum not exceeding one hundred thousand dollars, to be paid 
from the coast defence fund. In the resolve in favor of the Assistant-cierk, 
assistant-clerk of the house of representatives, a sum not ^eXuTL^^^""^" 
exceeding five hundred dollars. In the act, chapter nine- Miutia emohn't. 
teen, for enrolling the militia for the current year, a sum not 
exceeding twelve thousand five hundred and fifty dollars. 
In the act, chapter sixty -nine, for blanks required in making Blanks, census 
census returns, a sum not exceeding one thousand dollars. In ''''*"''"^- 
the act, chapter one hundred and forty-six, for blanks required statistics of in- 
in taking statistics of industry, a sum not exceeding seven '^"^'''y- 
hundred dollars. In the act, chapter two hundred and ten, Damages and 
for land damages and claims connected with the Troy and G!"raUrJad^.°'* 
Greenfield railroad, a sum not exceeding fifteen thousand 
dollars. In the act, chapter two hundred and forty, in favor Agricultural coi- 
of the agricultural college, a sum not exceeding ten thou- '''^''' 
sand dollars. In the act, chapter two hundred and forty- cierus, board of 
three, establishing the salaries of clerks employed by the '^sncuiture. 
secretary of the board of agriculture, a sum not exceeding 
eight hundred dollars. In the act, chapter two hundred and secretary board 



education. 



forty-six, in favor of the secretary of the board of education, 
a simi not exceeding five hundred dollars, to be paid from 
the income of the Massachusetts school fund. In the act secret'y, treas'r, 
establishing the salaries of the treasurer and receiver-general, gen-Taid de'rksj 
and of certain clerks, and for other purposes, a sum not ^='''^™^- 
exceeding four thousand four hundred dollars. In the act state police, pay. 
establishing a state police, a sum not exceeding fifty thou- 
sand dollars. For travelling expenses of the board of state Board state char- 
charities, and for expenses of the agent of said board for the expen^ses. ^^''°*' 
current year, a sum not exceeding twelve hundred dollars. 
For printing and binding the public documents of the year Putnc docum'ts, 
eighteen hundred and sixty-four, a sum not exceeding four F^"' sand bind- 



658 , 1865.— Chapter 282. 

thousand dollars in addition to the sums heretofore appro- 
street railway priatcd. For the compensation and expenses of the street 

commiss'rs, pay^., .. ^„ -i- iji j • j. c 

and expenses, railway commissioners, tor eighteen hundred and sixty-iour 

and eighteen hundred and sixty-five, a sum not exceeding 

three thousand and sixty-eight dollars and twenty cents in 

Agricuit'i college additioii to tlio sums heretofore appropriated. For expenses 

expense"^' ^'^^ incurred in the sale of the agricultural college land scrip, a 

sum not exceeding one thousand one hundred and fifty-five 

Plans Mass.^and doUars and forty-two cents. For copies of plans of the 

°"° ^'■^' Massachusetts and Rhode Island boundary line, a sum not 

Railroad 'eporte, excccding two huudrcd dollars. For printing and binding 

ing. the returns of railroad corporations for the year eighteen 

hundred and sixty-four, a sum not exceeding nine hundred 

and sixty-nine dollars and twenty-two cents in addition to 

Board education, tlic sum hcrctofore appropriated. For postage, printing and 

postage, print g, g^^jj^j^jQjjejy fQp ^;|^q board of cducatiou for the current year, a 

sum not exceeding one thousand dollars, in addition to the 

sum heretofore appropriated, payable from the income of the 

Taunton munici- Massacliusctts scliool fuud. For the salary of the justice of 

rLofjustlce^an'd tlio Tauiitoii muuicipal court for the current year, a sum 

"^"^^ not exceeding one thousand dollars ; and for the salary of 

the clerk of said court for the current year, a sum not 

Insurance com- excccding six hundred dollars. For court fees and inci- 

missioners, fees t,i f ,i • •• r>ji 

and expenses, dciital cxpenscs 01 tlic insurancc commissioners lor the year 
eighteen hundred and sixty-four, a sum not exceeding three 
hundred dollars in addition to the sum heretofore appro- 
corporation tax priatcd. For incidental expenses of the commissioners on 
expenses.*"^^^^' corporatiou tdx, a sum not exceeding one thousand dollars 
ichnoiogy, print- jn additioii to tlic sum heretofore appropriated. For print- 
ing sup. repor . .^^^_ ^^^^ binding Hitchcock's supplementary report on ich- 
noiogy, a sum not exceeding five thousand five hundred 
dollars, payable on properly approved vouchers, filed with 
Military acc'ts, tlic statc auditor. For military accounts of the year eigh- 
teen hundred and sixty-four, a sum not exceeding five hun- 
dred dollars in addition to the sums heretofore appropriated. 
settiem't^andTas- j^qj, expcuscs attending the management of cases of settle- 
cases k ment and bastardy in eighteen hundred and sixty-five and 
previous years, a sum not exceeding three thousand dollars. 
Fees of witnesses ^or fccs of witncsscs bcforc a legislative committee in eigh- 

before committee , itt -, • , , l t -ij. 

in '62. teen hundred and sixty-two, a sum not exceeding eight 

Military elections dollars aiid twcnty-six cents. For fees and expenses of 
t^s.^°°^^°^*'"'' magistrates in holding military elections, and for the pur- 
chase of books of tactics, a sum not exceeding twenty-five 
Committees sit- hundred dollars. For compensation and expenses of com- 
p^/and expose! mittccs authorizcd to sit during the recess of the legislature, 
a sum not exceeding five thousand dollars. For printing 



1865.— Chapter 282. 659 



the report of the board of amculture for eighteen hundred Report board ag- 

-i«,rt , tj.1111 1 riculture, print- 

ana sixty-ioiir, a sum not exceeding three hundred and ing '64. 
twenty-five dollars and forty cents, in addition to the sum 
heretofore appropriated. For military services rendered Military services 
under the provisions of section one hundred and forty-eight ""^ " '^ "^ 
of chapter two hundred and thirty-eight of the acts of eigh- 
teen hundred and sixty-four, a sum not exceeding eight 
hundred and twenty-nine dollars and thirty-six cents. For Miiitia bounty 
militia bounty for the current year, a sum not exceeding *^°' '^^' 
seventy-seven thousand dollars in addition to the sum here- 
tofore appropriated. For medical, surgical and hospital Med'cai and hos- 
supplies, a sum not exceeding five thousand dollars. The statue of Horace 
appropriation made in chapter sixty-six of the resolves of '^^*°°- 
eighteen hundred and sixty-one, for the erection of a statue 
of Horace Mann, is hereby renewed. For the payment of Military services, 
sums authorized under chapter seventy-two of the resolves of 72°'63°''^' 
eighteen hundred and sixty-three, the same remaining un- 
paid on rolls now in the state treasury department, a sum 
not exceeding forty-five hundred dollars. For printing addi- Adj't-generai's 
tional copies of the adjutant-general's report, ordered by the ai^pies* 
legislature, a sum not exceeding sixteen thousand dollars. 
There is hereby re-appropriated from the coast defence fund coast defences. 
for the purposes specified in chapter one hundred and eigh- 
teen of the acts of eighteen hundred and sixty-three, a sum 
not exceeding forty-eight thousand eight hundred and fifty- 
seven dollars and sixty-five cents, namely, for the city of 
New Bedford, seventeen thousand four hundred and eight New Bedford. 
dollars and sixty-one cents ; for the town of Gloucester, Gloucester. 
four thousand two hundred and ninety-five dollars and 
sixty-nine cents ; for the town of Marblehead, two thou- Marbieiiead. 
sand two hundred and thirteen dollars and twenty-five cents ; 
for labor on guns now in course of completion, three thou- Labor on guns. 
sand four hundred and thirty-seven dollars ; for award made Pay of arwtra- 
by and for compensation of arbitrators, ten thousand three *°"' 
hundred and sixty-nine dollars and ten cents ; for tools, toois. 
seven hundred and ninety dollars; for transportation of guns Transportation. 
from England and contingent expenses attending the same, 
ten thousand two hundred dollars ; and for expenses of the cwef engineer, 
office of the chief engineer, one hundred and forty-four dol- ^^^^°^^^' 
lars. For transportation to and from Rainsford Island hos- Transportation, 
pital, a sum not exceeding twenty-five hundred dollars. For stationery, house 
stationery ordered by the clerk of the house of representa- ° '^^^^^^'^'^ "^^■ 
tives, a sum not exceeding four hundred dollars. The fol- 
lowing sums shall be allowed and paid : For expenses of the paymaster, 
paymaster's department, a sum not exceeding four thousand ^''p^"^^^- 
dollars in addition to the sum heretofore appropriated. For 



660 



1865.— Chapter 282. 



State cabinet. 



eriior, pay. 



Eng;raTing and 
printing scrip. 
Almshouse at 
Tewksbury, 
Vjuildings for 
insane. 



Attorney-gen'al, 
fitting office, 
rent, &c. 



A.ssistance and 
transport to 
Mass. citizens 
from soutli. 



the state cabinet, a sum not exceeding two hundred dollars 

Experts for gov- in addition to the sum heretofore appropriated. For the 
compensation of experts employed by the governor for the 
current year, a sum not exceeding five hundred dollars. 
For engraving of plates and printing of state scrip, a sum 
not exceeding five thousand five hundred dollars. For the 
erection of suitable buildings for insane paupers, in connec- 
tion with the state almshouse at Tewksbury, a sum not 
exceeding ten thousand dollars in addition to the sum 
authorized in chapter eighty of the resolves of eighteen 
hundred and sixty-four. For fitting up and furnishing the 
office of the attorney-general, a sum not exceeding five hun- 
dred and fifty dollars; for rent and contingent expenses of the 
office of the attorney-general for the current year, a sum not 
exceeding six hundred dollars. For the assistance and trans- 
portation of destitute inhabitants of Massachusetts, (civilians, 
prisoners or refugees,) en route from southern states, a sum 
not exceeding one thousand dollars, to be expended under 
the direction of the agent of tlie board of state charities. 

Attorney-gen-i's Yov tlic attomey-general's law library, a sum not exceeding 
one hundred dollars in addition to the sum heretofore appro- 

Repiacement of priatcd. For the replacement of flags, a sum not exceeding 
one thousand dollars. For clerical and professional assist- 
ance to legislative committees, and for extra clerical service 
rendered necessary in the engrossment of bills for the legis- 
lature, the same to include service rendered by any clerk in 
the employ of the state, without interference with his regular 
duties, a sum not exceeding three hundred dollars. For 
repairs and furniture for barracks at Rainsford Island hos- 
pital, for the use of soldiers discharged from service on 
account of disability or disease, a sum not exceeding five 

Demise of presi- huudrcd doUars. For expenses incurred on the part of the 

pense atte'iiding" Commonwcalth, on account of the demise of the late Presi- 
dent of the United States, a sum not exceeding one thousand 

Judicial reports eight liundrcd dollars. For judicial reports to be furnished 
the executive department by the secretary of the Common- 
wealth, a sum not exceeding four hundred and thirty-nine 
dollars and fifty cents. For clerical and incidental expenses 
accruing under the act establishing a state police, a sum not 
exceeding fifteen hundred dollars. For repair of roofs, 
chimneys, stairways, ventilators, and so forth, of the state 
house, a sum not exceeding five hundred dollars. For the 
salary of the constable of the Commonwealth, twenty-five 
hundred dollars, and the same shall be his annual salary. 

Books, house of For books purcliascd by order of the house of representatives, 
a sum not exceeding twenty-five dollars. For expenses of 



Committees, as- 
sistance to and 
extra for engross- 
ing. 



Barracks at R. I. 
hospital, repairs, 
etc. 



for executive de 

partment. 



State police, 
expenses. 

State house, 
repairs. 

Constable of 
Commonwealth 

salary. 



representatives. 



1865.— Chapter 283. 661 

the legislative committee on prisons, a sum not exceeding com'tee on pris- 

o tr ' . <=> ons, expenses. 

one hundred dollars. For the salary of the messenger ni the surgeon-gene- 
surgeon-general's department for the current year, a sum ger'pay!''^'" 
not exceeding ninety dollars, in addition to the sum hereto- 
fore appropriated. For repairs and refurnishing of the Executiye de- 
rooms occupied by the executive department, a sum not pairs^etc' 
exceeding one thousand dollars. 

Section 2. There shall be allowed and paid out of the senators, 
treasury of the Commonwealth, for compensation of senators, *'°™p''°^^ '°°- 
a sum not exceeding twenty-two thousand dollars ; and for 
the compensation of representatives, a sum not exceeding Representatiyes. 
one hundred and twenty-eight thousand dollars, which shall 
be paid out according to the pay-rolls of the two houses. 

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

Approved May 17, 1865. 

An Act to amend and revise chapter two hundred and eight Chap. 283 
OF the acts of the year one thousand eight hundred and 
sixty-four, entitled, "an act levying a tax upon certain 
corporations." 

Be it enacted, Sj-c, as folloics : 

Section 1. The assessors of the several cities and towns Assessors to re- 
shall annually, on or before the first Monday of August, ux' c''o''mm'isdon° 
return to the tax commissioner hereinafter named, the ty,wo?ks,^etc!',Tn 
names of all corporations, except banks of issue and deposit, <i4?''' °^ ^'''p"" 

. 1^ ^ -,• • -t 1 y 1 1 111- rations in town, 

havnig a capital stock divided into shares, chartered by this except certain 

Commonwealth or organized under the general laws, for ue May first '^^" 

purposes of business or profit, and established in their 

respective cities and towns, or owning real estate therein, 

and a statement in detail of the works, structures, real estate 

and machinery owned by eacli of said corporations, and 

situated in such city or town, with the value thereof, on the 

first day of May preceding, and the amount at which the 

same is assessed in said city or town for the then current 

year. They shall also, at the same time, return to said aiso, aii taxes 

•; .. .1 j^r-i ^ • ^ iixi voted to be laid 

tax commissioner the amount oi taxes laid, or voted to be for current year. 
laid, within said city or town, for the then current year, for 
state, county and town purposes, including highway taxes. 

Section 2. Every guardian who holds, or whose ward Guardians and 
holds stock in any corporation, and every executor, admin- st^ckTn trus't^to 
istrator or other person, who holds in trust any such stock, between'firet''and 
shall, between the first and the tenth day of May in each tenth May. 
year, return under oath to said commissioner 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 number of shares of 

36 



662 1865.— Chapter 283. 

stock so held, and the name and location of the corporation 
in which they are held. 
Copartnerships. Evcrj Copartnership shall, between the first and the tenth 
day of May in each year, make a like return, stating the 
amount of such stock owned by the firm, and the names and 
residences of all the partners, and the proportional interest 
or ownership of each partner in said stock. 
Corporations, ex- SECTION 3. Evcry corporatiou chartered by this Common- 
reFurnfunder *° wcalth. Or Organized under the general laws, for purposes of 
ers'^knd"^shares ^^isiucss Or profit having a capital stock divided into shares, 
capital, &c. ' excepting banks of issue and deposit, and except those 
specified in section eight, shall annually, between the first 
and the tenth day of May, return to said commissioner, 
under the oath of its treasurer, a complete list of its share- 
holders, with 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, the 
par value and the market value of the shares on said first 
Collateral stock, day of May. Such return shall, in the case of stock held 
as collateral security, state not only the name of the person 
holding the same, but also the name of the pledger and his 
Detailed state- residencc. The returns shall also contain a statement in 
"'^" ' detail of the works, structures, real estate and machinery 

owned by said corporation, and subject to local taxation 
within the Commonwealth, and the location and value 
Railway and tele- thereof. Railroad and telegraph companies shall return 
graph companies. ^^^^ ^j^^j^ iQugth of thcir- lincs, aiid the length of so much 
other companies, of their liucs as is without tlie Commonwealth. Other 
except as named corporations, ex,cept those embraced in section eight, 
shall also return the amount, value and location of all 
works, structures, real estate and machinery owned by 
them and subject to local taxation without the Common- 
wealth. 
Commissioner to SECTION 4. Thc tax commissiouer shall ascertain, from 
urof ™hares Ind the rctums or otherwise, the true market value of the shares 
vai'^^her^on"^'*' °^ ^^^^^ corporatiou included in the provisions of section 
three, and shall estimate therefrom the fair cash valuation of 
all of said shares constituting the capital stock of such cor- 
poration on the first day of May next preceding, whicli shall 
be taken as the true value of its corporate franchise for the 
purposes of this act. 
Real estate and Hc shall also asccrtalu Eud determine the value and 
Sion7texa-' amount of all real estate and machinery owned by each 
^•e^jaiue to be corporation, and subject to local taxation, and to the deduc- 
tions hereinafter provided ; and for this purpose he may 
take the amount or value at which such real estate and 



1865.— Chapter 283. 663 

machinery are assessed at the place where the same are 
located as the true amount or value ; but such local assess- 
ment shall not be conclusive of the true amount or value 
thereof. 

Section. 5. Every corporation embraced in section three corporations em- 
shall annually pay a tax upon its corporate franchise at a atTo" how deter- 
valuation thereof equal to the aggregate value of the shares "^'°^'^- 
in its capital stock, as determined in the preceding section, 
after making the deductions provided for in this section, at 
a rate determined by an apportionment of the whole amount 
of money to be raised by taxation upon property in the Com- 
monwealth during the same current year, as returned by 
the assessors of the several cities and towns under section 
one, upon the aggregate valuation of all the cities and towns 
in the Commonwealth for the preceding year, as returned 
under chapter one hundred and sixty-seven of the acts of the 
year eighteen hundred and sixty-one, and acts in addition 
thereto : provided^ that in case the return from any city or Provisos. 
town shall not be received prior to the twentieth day of 
August, the amount raised by taxation in said city or town 
the preceding year, as certified to the secretary of the Com- 
monwealth, may be adopted for the purpose of this deter- 
mination ; and provided, further, that the amount of tax 
assessed upon polls the preceding year, as certified to 
the secretary of the Commonwealth, may be taken as the 
amount of poll-tax to be deducted from the whole amount to 
be raised by taxation, for the purpose of ascertaining the 
amount to be raised by taxation upon property. From the Deductions: raii- 
valuation, ascertained and determined as aforesaid, there graph'^Mmpanies 
shall be deducted, — First, in case of railroad and telegraph "ate^umft^r^""** 
companies, whose lines extend beyond the limits of the Com- 
monwealth, such portion of the whole valuation of their 
capital stock ascertained as aforesaid as is proportional to 
the length of that part of their line lying without the Com- 
monwealth ; and also an amount equal to the value, as 
determined by the tax commissioner, of their real estate and 
machinery located and subject to local taxation within the 
Commonwealth. Second, in case of other corporations, other corpora- 
included in section three, an amount equal to the value, as '°°^*'^* 
determined by the tax commissioner, of their real estate and 
machinery, subject to local taxation, wherever situated. 

Section 6. In case the value of the real estate and valuation of com- 
machinery located within the Commonwealth, of any corpo- {^sf'thaa asslss^- 
ration, as determined bv the commissioner, shall be less °P' ^°* ««»"p°'^- 

■^ \ ■, •' p y • tion, upon notice, 

than the value as determined by the assessors of the city or failing to ask 

, t 1 1,, 1 ' 'iii'i abatement in 30 

town where such real estate or machniery is taxable, said days and, upon 



<• 



664 1865.— Chapter 283. 

refusal to prose- commissioner shall notify the corporation of such determi- 
conciusive. nation, and if said corporation shall not, within one month 
from the date of such notice, make application to said 
assessors for an abatement, and shall not, in case of the 
refusal of said assessors to grant an abatement, forthwith 
prosecute an appeal in accordance with the provisions of 
chapter eleven of the General Statutes, and give notice 
thereof to the tax commissioner, such determination shall 
be conclusive upon said corporation. The tax commissioner 
may appear before the county commissioners and be heard 
upon any appeal made to them, and the decision of the 
county commissioners shall be conclusive as to the value. 
Co. chartered or SECTION 7. Evcry Corporation or association chartered or 
out commonw'h, Organized elsewhere, which shall own, or control and use, 
nne'of t°e^iegraph undcr Icasc or otherwise, any line of telegrapli, within this 
iud'^ay underu Commonwcalth, shall be required to make all the returns 
3 and 5. prcscribcd in section three of this act to be made by tele- 

graph companies within the Commonwealth, excepting the 
list of its shareholders ; and shall annually pay a tax at the 
same rate, and to be ascertained and determined in the same 
manner as is provided in section five of this act ; and all 
telegrapli lines controlled and used by such corporation or 
association within this Commonwealth, shall, for the pur- 
poses of this act, be taken and considered as part of its own 
lines. ' 

corporat'n estab- SECTION 8. Evcry corporatiou chartered by this Com- 
deriawsVc"m- mouwcalth or Organized under the general laws, for the 
SiSngfeteUiIe^- pwrposc of engaging, without the limits of the Common- 
^.^<^re;'or by wcalth, in tlic busiucss of coal mining or other mining, 
office in Mass., to quarryuig or extractmg carbonaceous oils irom the earth, or 
™*returasf°and for thc purposc of purchasiug, selling or holding mines or 
pay tax. laiids without the Commonwealth ; and every such company 

or association, incorporated elsewhere, and having an office 
or place of business within the Commonwealth for the 
direction of its affairs or transfer of shares, shall, semi- 
annually, between the first and the tenth day of June and 
December, make a return, under the oath of its treasurer, 
.or president, to the tax commissioner, of the whole amount 
of its capital stock, as fixed by the corporation, on the first 
day respectively of May and November next preceding, and 
pay to the treasurer of the Commonwealth a tax of one- 
twentieth of one per cent, upon said capital stock at the par 
Officers and rep- thcreof. All officcrs of such corporation, and other persons 
personally liable, assumiug to represent such corporation within the Com- 
monwealth, by having charge of its affairs, or of books for 
the transfer of its shares, shall severally be personally liable 



1865.— Chapter 283. 665 

for the amount of the tax imposed under this section upon 
said corporation, if the same shall not be paid by the corpo- 
ration. Tiie capital stock of any corporation established in capital not to be 
this Commonwealth, subject to taxation under this' section, by'^s^j^'couTt?' 
shall not be reduced except upon application to the supreme 
judicial court sitting in any county. In case of such appli- 
cation, written notice shall be given to the tax commissioner Notice required 
and attorney-general of the Commonwealth, ten days at 
least before the hearing. 

Section 9. Every corporation mentioned in section eight, corporation to re- 
shall annually on or before the tenth day of June, submit business'^of"ye"r', 
to the tax commissioner, a report of the business of the cor- rn?product7 
poration for the year ending on the first day of March next 
preceding, which report shall be signed and sworn to by its 
treasiirer and a majority of its directors, and shall contain a 
full and accurate statement of the property held by such 
corporation, and of all the receipts and expenditures during 
said year in or on account of its business, and of all 
products thereof. Said report shall contain such details Tas commission- 
as shall be prescribed by the tax commissioner, who shall blank. ^""^'"^'^ 
furnish to each corporation blank forms therefor. 

Section 10. The tax commissioner shall, from such shaii leam net 
report or otherwise, ascertain and determine the net profits fax^'upon.'^ ^^^^^^ 
or gains of each corporation, 4iiring the year aforesaid, from 
its property and business ; and shall assess a tax of four per 
cent, upon the amount thereof. 

Section 11. The tax commissioner shall, as soon as may shaii notify treas- 
be after the first Monday in August, notify the treasurer of "io" of pTyS 
each corporation of the amount of its tax under this act, *^"*'- 
except the tax mentioned in section eight, to become due 
and payable to the treasurer of the Commonwealth within 
thirty days from the date of such notice : provided, that it Proviso. 
shall not be due and payable earlier than the first day of 
November. Such notice shall also state that within ten Notice to inform 
days after the date thereof, the said corporation may apply °f"siit of appeal. 
for a correction of said tax, and be heard thereon before the 
board of appeal hereinafter established. 

Section 12. The treasurer of the Commonwealth shall be Treasurer of com- 
tax commissioner, with all the powers and duties conferred terrommissw 
and imposed by this act upon that office. He may appoint a Deputy. 
deputy, who shall, under his direction, exercise and perform 
said powers and duties, subject to appeal as hereinafter pro- 
vided, and who shall receive a salary at the rate of eighteen 
hundred dollars per year ; and may also appoint such clerks cierks. 
as may be necessary for the performance of the duties 
required by this act. 



666 1865.— Chapter 283. 

Board of appeal: SECTION 13. The treasurer and auditor, top-ether with one 

treasurer and au- , « ,, -i , i i i ,i i -ii 

ditor, with coun- member oi the council to be named by the governor, shall 
apply ten ^^ys constitutc a board of appeal, to which board any party 
after notice. aggrieved by the decision of said commissioner upon any 
matter arising under this act, may apply within ten days 
Hearing and de- after uotico of sucli dccisiou. Upou such appeal said board 
shall, as soon as may be, give a hearing to such party, and 
shall thereupon decide the matter in question, which deci- 
sion shall be final. 
Penalties for neg- SECTION 14. If the asscssors of any city or town shall 
oT partieTTrin- ncglcct to comply with the requirements of this act, each 
terest. assessor so neglecting shall forfeit the sum of one hundred 

dollars ; any guardian, executor, administrator, trustee or 
copartnership neglecting to comply with said requirements, 
shall forfeit the sum of one hundred dollars ; and any cor- 
poration neglecting to make returns according to the provis- 
ions of this act, or refusing or neglecting, when required 
thereto, to submit to the examinations provided for in section 
seventeen, shall forfeit two per cent, upon the par value of 
EecoTery. Its Capital stock ; all which penalties may be recovered by 

an action of tort, brought in the name of the Common- 
wealth, either in the county of "Suffolk or in the county 
Corporation faii'g wlicrc the corporatiou is located. If any corporation fails 
of commonwe^th ^0 pay thc taxcs rcquircd bytthis act, the treasurer of the 
may sue. Commouwcalth may forthwith commence an action of con- 

tract in his own name, as treasurer, for the recovery of the 
Penalties and samc, witli intcrcst. All penalties under this act may also 
forcedT/ trea^s°r bc cnforccd, and all taxes under this act may also be col- 
Lnd^injunctZ"'' lectcd by information brought in the supreme judicial court 
upon corporation at tlic rclatiou of tlic trcasurcr of the Commonwealth, and 
upon such information the court may issue an injunction 
restraining the further prosecution of the business of the 
corporation named therein, until all taxes due or penalties 
incurred under this act shall be paid, with interest and 
Certificate of costs. lu any proceeding under this section the certificate 
de^iuy^to bfcT?- of the tax commissioner or his deputy shall be competent 
dence. cvidcnce of all determinations made and notices given by 

him, and of all values, amounts and other facts, required to 
to be fixed or ascertained by him, under this act. 
Shares taxed SECTION 15. No taxcs shall be assessed in any city or 

hereunder, to be , « , , , , xi i 

exempt other tax: towu lor statc, couuty Or towu purposcs, upon the shares in 
sum°paid by res^- ^^^® Capital stock of Said corporatious, for any year for which 
dents. they pay the tax under this act ; but such proportion of the 

tax collected of .each corporation under section five as cor- 
responds to the proportion of the stock of such corporation 
owned by persons residing in this Commonwealth, shall be 



1865.— Chapter 283. 667 

credited and paid to the several cities and towns where it 
appears from the returns or other evidence that such share- 
holders resided on the first day of May next preceding, 
according to the number of shares so held in such cities 
and towns respectively : provided, that in case stock is held Provisos, 
by copartners, guardians, executors, administrators or trus- 
tees, 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 
chapter eleven of the General Statutes ; and provided, fur- 
ther, that when a town owns stock in any corporation taxed 
under this act, a return to said town shall be made in like 
manner as is provided in the case of stock held by individ- 
uals residing in said town. 

Said commissioners shall ascertain and determine the commissioner to 
amount due to each city and town, under this section, towns and noufy. 
subject to appeal as herein before provided, and shall 
notify the treasurer of each city and town thereof, and 
certify the amount, as finally determined, to the treasurer 
of the Commonwealth, who shall thereupon pay over the 
same. 

Section 16. The lessee of the works, structures, real Lessee of corpo- 
estate or machinery of any corporation taxed under«rthis weV/ta"'^ "^" 
act, shall be liable as well as the lessor to pay the amount 
of said tax, and upon such payment, may, in the absence of 
any agreement to the contrary, retain the same out of the 
rent of the property, or recover the same in an action 
against the lessor. 

Section 17. Every corporation to be taxed by this act corporation oas- 
shall, when required, submit its books to the inspection of books *°unTer™' 
the tax commissioner, and its treasurer and directors to °**^'^- 
examination on oath in regard to all matters affecting the 
determinations which are to be made by said commissioner. 

Section 18. The tax herein imposed upon any corpora- Tax here imposed 
tion, shall not affect nor prevent the imposition and collec- ^in o°the?ieVies' 
tion of any other tax now authorized, or that may hereafter 
be authorized, upon any especial privilege, franchise or busi- 
ness, enjoyed or exercised by such corporation: provided, vtoviaos-.M^on 
however, that the tax required by section one of chapter miumT*^ ^'^^' 
two hundred and twenty-four of the acts of the year eigh- 
teen hundred and sixty-two, to be paid by insurance com- 
panies incorporated under the laws of this Commonwealth, 
shall not be computed upon premiums received for insur- 
ance in other states, which are subject to a like tax in the 
state where received ; provided, further, that the Massachu- Mass._ hospital 
setts Hospital Life Insurance Company shall, instead of the company. 



668 1865.— Chapter 284. 

taxes imposed in section three of chapter two hundred and 
twenty-four of the acts of the year one thousand eight hun- 
dred and sixty-two, pay upon all moneys and property in the 
possession or charge of said company, as deposits, trust 
funds, or for purposes of investment, the same rate of tax as 
shall be imposed upon or paid by savings banks or institu- 
tions for savings on account of deposits. 
Returns under 5§ SECTION 19. Tlic additional returns required to be made 
2, ,for'6 . under sections two and three of this act, may be made for 
Corporations tlic prcscut year on or before the tenth day of June. Cor- 

making and pay- ,. I'.i , -i -iij- -i ^ 

ing hereunder, poratious making the returns, and paying the tax imposed by 
act^8of'64 not to ^j^-g ^ct, shall bc rclicved from making the returns required 
by chapter two hundred and one of the acts of the year 
eighteen hundred and sixty-four. 
Parts act of '04 SECTION 20. Sucli parts and provisions of chapter two 
how"col''strueT'' huudrcd and eight of the acts of the year eighteen hun- 
dred and sixty-four, as are not herein continued in force, 
altered or amended, are hereby annulled; but this repeal 
shall not operate to revive any act repealed by the act 
aforesaid, nor to release any corporation from any liability 
already incurred under said act, nor shall it operate to pre- 
vent the credit or allowance to any savings bank or institu- 
tion^for savings to be made in June next, under the pro- 
visions of section seven of chapter two hundred and eight 
of the acts of the year eighteen hundred and sixty-four. 
Act in force upon SECTION 21. Tliis act sliall take effect upon its passage ; 
passage. ^^j-^^j ^ ^j^^ shall bc laid and collected under the provisions 

thereof for the present year, in the same manner and to the 
same effect as if it had been in force on the first day of 
May. Approved May 17, 1865. 

Chan 284 ^^ ^^^ ^^ addition to an act authorizing the treasurer to 

"' BORROAV MONEY. 

Be it enacted, §"c., as follows: 

Scrip issued un- SECTION 1. The scrip Or certificates of debt, or any 

may,'^\n^'^discre- portioii of thc saiuc, authorizcd to be issued by chapter one 

andcouncTbear li^i'icli'ed and twcuty-two of the acts of the year eighteen 

gold interest. huudrcd and sixty-five, entitled "An Act to establish the 

Massachusetts War Fund, and to create a sinking fund for 

its redemption," may, in the discretion of the governor and 

council, bear interest, payable semi-annually in gold, at a 

rate not exceeding six per cent, per annum. 

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

; Approved May 17, 1865. 



1865.— Chapter 285. 669 

An Act making an appropriation for the salary of the deputy Chop. 285 

TAX commissioner, AND FOR OTHER PURPOSES. 

Be it enacted^ Sj'c, as follows : 

Section 1. There shall be paid out of the treasury of the Salary fixed and 

^ - _ *^ , money appropn- 

Commonwealth, for the salary of the deputy tax commis- ated. 
sioner, for the current year, a sum not exceeding twelve 
hundred dollars, and the same is hereby appropriated. 

Section 2. The appropriations heretofore made for the Appropriations 
compensation of clerks, and for contingent expenses of the tax sioners^ to appiy 
commissioners, shall apply to the clerks appointed, and con- "ej^®"^ ^^- ^^^' 
tingent expenses incurred under chapter two hundred and 
eighty-three of the acts of the present year. 

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

Approved May 17, 1865. 

37 



RESOLVES, 

GENERAL AND SPECIAL. 



KeSOLVE in favor of JOSEPH A. HOOPER. CJiap. 1. 

Resolved, That there be allowed and paid out of the Appropriation for 
treasury of the Commonwealth, to Joseph A. Hooper, of f^S^.' ''^''^ 
Marblehead, the sum of eighty-four dollars, for twenty-eight 
days' attendance at the present session of the general court ; 
and said sum is hereby appropriated. 

Approved February 15, 1865. 

Resolve authorizing the sale of the yacht whisper. Chap. 2. 
Resolved, That the Board of State Charities is hereby Board of state 
authorized and directed, after giving public notice by adver- charities may seii 
tising three several times in some newspaper published in 
the city of Boston, to sell at public auction the yacht 
Whisper, formerly used by the board of alien commissioners ; 
and to pay the proceeds of such sale into the treasury of the Proceeds to be 

r^ lii . ,„, >_.i^^^ paid into treasury 

Commonwealth. Approved February 17, I860. 

Resolve concerning the proceedings and the compensation Chap. 3. 
OF the valuation committee authorized by the legisla- 
ture OF eighteen hundred and sixty-four. 

Whereas, The valuation committee of the legislature Preamble. 
authorized, by the resolve chapter seventy-four of the 
resolves of the year eighteen hundred and sixty-four, to sit 
in the recess of the general court, continued its session and 
its labors after the expiration of that political year; therefore, 

Resolved, That the proceedings of said committee in so Proceedings of 
continuing in session are hereby ratified, that said committee eed."" 
are authorized to complete the valuation, and that the com- ^^Yj.^J^j"^^ ^'"'^ 
pensation of said committee, doorkeepers and messengers, Assistants. 
continue as provided by resolve chapter one hundred and 
one of the resolves of the year eighteen hundred and sixty- 
four, for a session not exceeding fifty days from the first day 
of January, eighteen hundred and sixty-five. 

Approved February 17, 1865. 



672 1865.— Chapters 4, 5, 6, 7. 

Chap. 4. Resolve in favok of the valuation committee. 

Appropriation for Resolvcd, That there be allowed and paid out of the 
compensation, treasury of the Commonwealth, and the same is hereby 
appropriated, a sum not exceeding seven thousand four 
hundred and sixty-five dollars, for the compensation of the 
valuation committee and of its clerk and messengers, in 
accordance with the rates of pay specified in chapter one 
hundred and one of the resolves of the year eighteen hundred 
and sixty-four. Approved February 18, 1865. 

Chap. 5. Resolve upon the petition of susan m. fowler and another. 

May sell property Resolved, For rcasous set forth in the petition of Susan 

in Boston. -^^ Fowlcr and Sarah A. L. Hardinge, of the city of Brooklyn 

and state of New York, that they, together with their respec- 
tive surviving children, the latter, so far as the same may be 
minors, acting by their respective guardian, be and the same 
are hereby authorized and empowered to sell, either at public 
or private sale, and to execute the necessary deed or deeds, 
and to convey in fee simple to the purchaser or purchasers 
thereof, free and discharged from all claims, trusts and 
remainders arising under or by virtue of the will of Josiah 
Bumstead, deceased, one undivided fifth part which they 
respectively hold in the real estate situated on Washington 
street in the city of Boston, and numbered one hundred and 
thirteen, with the privileges and appurtenance thereto 
belonging, and all the right, title, interest and estate, of 
which said Bumstead died seized and possessed therein : 

ProTiso. provided, that such sale shall be made under and according 

to leave and order of the judge of probate for the county of 
Suffolk, and the proceeds of each of the said petitioners' sale 
shall be placed in the hands of a trustee, appointed by the 
court of probate aforesaid for each petitioner respectively, to 
be safely invested, held, administered and disposed of, accord- 
ing to law and the will of said Josiah Bumstead, and said 
probate court is hereby fully empowered to give effect to the 
provisions of this resolve. Approved March 3, 1865. 

Chap. 6. Resolve in favor of isaac h. silsby. 

Pay for quarter- Resolved, That thcrc bc allowed and paid out of the 

mg troops. treasury of the Commonwealth, to Isaac H. Silsby, the sum 

of one hundred and twenty-five dollars, in full payment for 

quartering and provisioning troops during the months of 

April and May in the year eighteen hundred and sixty-one. 

Approved March 11, 1865. 

Chap. 7. Resolve in favor of the avashingtonian home. 

Allowance of five Resolved, That there be allowed and paid out of the 
auZriz^d.'^""'"'' treasury of the Commonwealth to the treasurer of the 



1865.— Chapters 8, 9, 10, 11. 673 

Washingtoniaii 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 five thousand dollars. The said directors shall report to Report required. 

the legislature, in the month of January next, a detailed 

account of the manner in which this appropriation has been 

expended, the amount contributed by individuals, the total 

income and expenses of the institution, and the number of 

persons admitted, with the result of their treatment so far as 

can be ascertained. Approved March 11, 1865. 

Resolve in favor of the marshpee schools. Chap. 8. 

Resolved^ That tlie sum of seventy-five dollars be allowed Allowance of $75 
and paid from the income of the school fund the present ^""^ ^^^^' 
year, to the treasurer of the district of Marshpee, for the 
support of the schools in that district, and in addition to the 
sums now allowed for the support of said schools, upon the 
condition that the inhabitants of such district shall also condition, 
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 11, 1865. 

Resolve in favor of john hector, a member of the hassana- Chcip. 9. 

MISCO tribe of INDIANS. -^ 

Resolved, For reasons set forth in the petition of John Allowance of one 
Hector, that there be allowed and paid out of the treasury to"truItee.'^°""^ 
of the Commonwealth, to Charles Brigham, of Grafton, 
trustee of the Hassanamisco tribe of Indians, one hundred 
dollars, to be expended for the benefit of the said John 
Hector. Aj^proved March 16, 1865. 

Resolve IN FAVOR of JEMIMA easton. Chap. 10. 

Resolved, For reasons set forth in the petition of Priscilla Allowance of one 
Freeman, that there be allowed and paid out of the treasury donaM,*^ro°'ive'f- 
of the Commonwealth, to the overseers of the poor of the sews of poor, Tis- 
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, 1865. 

Resolve ON the petition OF EDWARD H. ELDREDGE, GUARDIAN. Chttp. 11. 

Resolved, That Edward H. Eldredge, of Newton, in the May as guardian 
county of Middlesex, as he is guardian of John W. Trull, of It'^nLtoe"' 
said Newton, an insane person, be and he is hereby author- 
ized and empowered to enter into, execute and deliver an 
agreement and indenture with Gardner Brewer, of Boston, 
in the county of Suffolk, with such covenants and releases as 
shall to such guardian seem just and proper, for the purpose 



674 1865.— Chapters 12, 13, 14, 15. 

Purpose. of altering and finally establishing and determining the 

boundary line between the respective adjoining estates of the 
said Trull and the said Brewer, in said Boston, lying next 
westerly of Hancock avenue, and fronting upon Beacon street ; 
May-make further and that said guardiau also have full power and authority 
agreemen . ^^ eutcr iuto auy agreement with said Brewer respecting the 
foundations or superstructure upon and near the said boun- 
dary line, as he shall think will subserve the interest of his 
said ward and of all others concerned. 

Approved March 16, 1805. 

Chap. 12. Resolve in favor of William holbrook, junior. 

Allowance of $54 Rcsolvecl, That for reasons set forth in the petition of 

for claim. William Holbrook, junior, there be allowed and paid out of 

the treasury of the Commonwealth, to said petitioner, the 

sum of fifty-four dollars and fourteen cents, in full for claim 

set forth in said petition. Approved March 16, 1865. 

Chan. 13. Resolve in favor of william h. h. joy. 

Allowance of s?96 Resolved, That for reasons set forth in the petition of 

ayear during life. William H. H. Joy, of Bostou, thcrc be allowed and paid 

out of the treasury of the Commonwealth, to said petitioner, 

the sum of ninety-sis dollars a year during the remainder of 

his life, for injuries received while in the performance of mil- 

Payments semi- itary duty iu tlic scrvicc of the Commonwealth ; payments to 

annually. ^^ made semi-anuually, and the first payment of forty-eight 

dollars to be made on the first day of April, in the year 

eighteen hundred and sixty-five. Approved March 22, 1865. 

Chap. 14. Resolve in favor of rhoda m. taylor. 

Allowance of $50 Resolved, Fop pcasous set forth in the petition of Gideon 
wesTpTrf''' "^ W. Tripp and others, 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 Dartmouth 
tribe of Indians. Approved March 22, 1865. 

Chan 15 I^^solve in favor of the guardian of the punkapog tribe 

L ' ' of INDIANS. 

Allowance for Sal- Resolved, That thcrc be allowed and paid to the guardian 
bridg'^e"' °^ ^'^'^' of the Punkapog tribe of Indians, for the benefit of the 
following members of said tribe, to wit : for the benefit of 
Sally Burr, of Cambridge, the sum of fifty-two dollars ; for 
Sally and James tlic benefit of Sally Burr, of Boston, and her son James Burr, 
Burr, of Boston, ^j^^ ^^^^^ ^^ fifty-two dollars ; for the benefit of Charlotte E. 
Charlotte E. Mycrs, of Bostou, ouc huudrcd dollars ; and for the benefit 
fJS^iy^^^^'^' of Rebecca Davis, of Boston, one hundred dollars. 

Approved March 22, 1865. 



1865.— Chapters 16, 17, 18, 19, 20. 675 

KeSOLVE in RELATIOX to the I'RICE OF BOARD IN STATE LUNATIC Ckap. 16. 

HOSPITALS. 

Resolved, That there be allowed and paid to the treasur- Appropriation for 
ers of the several lunatic hospitals, a sum sufficient to make be us"d^to"\^ke 
the rate of board for the past year three dollars per week for "''''' *^ ^^"^ '^'*^' 
each insane state pauper therein supported, the same to be 
paid from the surplus of the appropriation for lunatic hos- 
pitals, for the year eighteen hundred and sixty-four ; and 
that there shall be allowed and paid for the board of insane current year, 
state paupers for the current year, a sum not exceeding 
three dollars and twenty-five cents per week. 

Approved March 22, 1865. 

Resolve in favor of the perkins' institution and massachu- Qhan 17 

SETTS asylum FOR THE BLIND, AND OF THE MASSACHUSETTS -* 

school for IDIOTIC AND FEEBLE-MINDED YOUTH. 

Resolved, That the trustees of the Perkins' institution Trustees may fix 
and Massachusetts asylum for the blind, or the trustees of dadesf with"ap- 
the Massachusetts school for idiotic and feeble-minded vouth, p''°™' "^ sov- 
may charge lor receivmg and educatnig mdigent persons 
and the children of indigent persons, designated by the gov- 
ernor to be received by them according to law, such price by 
the week, for each such state beneficiary, as they may deter- 
mine, with the approval of the governor ; the amount to be conditions. 
fixed in each case, with reference to the ability of such 
indigent person, or the parents of such child, to contribute 
towards the expense of his education and support. 

Approved March 24, 1865. 
Resolve in favor of the family of joseph t. wright, deceased. Chan. 18. 

Resolved, That there be allowed and paid out of the treas- Allowance to fam- 
ury of the Commonwealth, the sum of three hundred dollars, sLtlti^e!' "^''^' 
to the family of Joseph T. Wright, of Marblehead, deceased, 
a member elect of the present legislature for the fourteenth 
district of the county of Essex. Approved March 24, 1865. 

Resolve in favor of rufus h. brigham. Chan 19 

Resolved, That there be allowed and paid out of the Allowance of «34 
treasury of the Commonwealth, to Rufus H. Brigham, of ^°/g '""""^ '"' 
Marlborough, the sum of thirty-four dollars, in full compen- 
sation for military services performed between the twenty- 
ninth day of June and the seventeenth day of July ,in the 
year eighteen hundred and sixty-two. 

Approved March 27, 1865. 
Resolve in favor of the Northampton lunatic hospital. Chap. 20. 
Resolved, That there be allowed and paid out of the Appro'n author- 
treasury of the Commonwealth, to the trustees of the North- andSpaSs! 



676 1865.— Chapters 21, 22, 23, 24, 25. 

ampton lunatic hospital, the further sum of four thousand 
dollars, for the purpose of completing the boilers and heating 
apparatus for said hospital. Approved March 27, 1865. 

Ch(l}). 21. KeSOLVE in favor of the MASSACHUSETTS SCHOOL FOR IDIOTIC 
■^' ' AND FEEBLE-MINDED YOUTH. 

Further allow- Resolvcd, That thcrc be allowed and paid out of the 

foT^current 'ex- trcasurj of the Commonwcalth, to the trustees of the Massa- 

penses. chusctts school for idiotic and feeble-minded youth, at South 

Boston, the further sum of three thousand dollars, to meet 

the necessary current expenses of that institution. 

Approved March 27, 1865. 

Chap. 22. Resolve in aid of the temporary asylum for discharged 

-^ ' * FEMALE PRISONERS. 

Allowance of »2,- Resolvcd, That there be allowed and paid from the treas- 
provisiona y. ^^^^ ^^ ^^^^ Commonwcalth the sum of twenty-five hundred 
dollars to the temporary asylum for discharged female pris- 
oners, provided that a like sum shall have been realized by 
private donation. Ajyproved March 27, 1865. 

Chap. 23. Resolve in favor of john l. brigham. 

Allowance of Resolvcd, That for reasons set forth in the petition of 
ftary^se^rvi™^" Johu L. Brigham, there be allowed and paid out of the 
treasury of the Commonwealth, to said petitioner, the sum 
of fifty-six dollars and sixty-six cents, the same being in full 
for services rendered by him, as third lieutenant in company 
B, of the eleventh regiment of Massachusetts infantry, from 
the ninth day of May to the thirteenth day of June, in the 
year eighteen hundred and sixty-one. 

Approved March. 28, 1865. 

Chap. 24. Resolve to legalize certain acts done by the treasurer 

-^ * ' of the commonwealth. 

Payments of Resolvcd, That the payments of interest at the rate of six 
fied^with'^tul pei' centum per annum, on deposit loans heretofore made by 
thoritytopay ^|^q trcasurcr of the Commonwealth, under advice of the 
current year. govcmor and couucil, arc hereby ratified and confirmed, and 
he shall have authority to pay the same rate of interest upon 
the same class of loans for the remainder of the current year. 

Approved March 30, 1865. 

Chap 25 Resolve in favor of the county commissioners of the county 

■i ' ' OF ESSEX. 

Appropriation R^solvcd, That thcrc be allowed and paid out of the treas- 

penfe^'^upo°n Ea"- ^^^T ^^ ^^''^ Commonwcalth to the county commissioners of 

sex bridge. thc couiity of Essex, the sum of one hundred dollars, to 

defray the expense incurred by them in behalf of the Essex 

bridge ; and the same is hereby appropriated to be paid out 

of the Essex bridge fund. Approved April 1, 1865. 



1865.— Chapters 26, 27, 28, 29, 30. 677 

Resolve in favor of j. scott todd. Chap. 26. 

Resolved., That there be allowed and paid out of the treas- Allowance of two 
ury of the Commonwealth, to J. Scott Todd, of Eowley, the foT^'ervice"'at 
sum of two hundred dollars, in full compensation for services camp Lander, 
rendered as post-adjutant at Camp Lander from the sixth 
day of September to the fourth day of December, in the year 
eighteen hundred and sixty-two. Approved April 3, 1865. 

Resolve in relation to the treasury. Cliai). 27. 

Resolved, That to facilitate negotiations for temporary Treasurer may 
loans, to meet emergencies that may arise in the treasury of J^^J^^ ®™*^se^cy 
the Commonwealth, which loans are not now available from interest approv- 
the banks of the state, the treasurer and receiver-general is and councu!'^""'^ 
hereby authorized to make such arrangements, and pay such 
rate of interest upon such loans, for the current year, as the 
governor and council may approve. Approved April 4, 1865. 



Chap. 28. 



Resolve directing the treasurer and receiver-general to 
enforce the payment of certain notes and interest due 
the commonwealth. 

Resolved., That the treasurer and receiver-general of the shaii proceed to 
Commonwealth be and he hereby is authorized and directed j^ntirest due!^ °^ 
to take proper legal measures for the collection of any notes 
given to the Commonwealth, which are due and unpaid, and 
also for the collection of any interest that may be due and 
unpaid upon any notes given to the Commonwealth. 

Approved April i, 1865. 
Resolve in favor of a. c, chadwick. Chan 29 

Resolved, That the treasurer of the Commonwealth be Treasurer may re- 
and he hereby is authorized and empowered to refund and ''"^Pj^ J°^ ^^^^^^y. 
pay back to A. C. Chadwick the sum of forty-six dollars and insurance co'y. 
fifty cents, said sum having been required of and paid by 
him into the treasury of the Commonwealth, as agent of an 
insurance company incorporated by the laws of the state of 
Connecticut, under a misconstruction of the laws of said 
state. Approved April 4, 1865. 

Resolve upon the petition^of Catherine s. kilton and others, Chan SO 
Resolved, For reasons set forth in the petition of Cath- Hay sen and con- 
erine S. Kilton, Mary B. Thomas and Abigail B. Whitney, g/gtOT^ '^''^'^ '° 
that they, together with their respective surviving children, 
the latter, so far as the same may be minors, acting by their 
respective guardians, be and the same are hereby authorized 
and empowered to sell, either at public auction or private 
sale, and to execute all necessary deed or deeds, and to con- 
vey in fee simple to the purchaser or purchasers thereof, free 
and discharged from all claims, uses, trusts and remainders, 

38 



678 1865.— Chapters 31, 32, 33. 

arising under or by virtue of the will of Josiali Bumstead, 
deceased, the rdal estate left by said deceased on Bowdoin 
street, at or near number twenty-two on said street, in Bos- 
ton, with the privileges and appurtenances thereto belonging, 
and all the right, title, interest and estate of which said 
Proviso. Bumstead died seized and possessed therein : provided^ that 

such sale shall be made under and according to leave and 
order of the supreme judicial court, and the proceeds of 
each of said petitioners' interest in such sale shall be placed 
in the hands of a trustee or trustees appointed by the court 
aforesaid, to be safely invested, held, administered and dis- 
posed of, according to law and the will of said Josiah Bum- 
stead ; and said court is hereby fully empowered to give 
effect to the provisions of this resolve. 

Approved April 4, 1865. 

Chat). 31. l^ESOLVE IN FAVOR OF SAMUEL CISCOE AND OTHERS, MEMBERS OF 
"* * THE HASSANAMISCO TRIBE OF INDIANS. 

Allowance of two Resolvcd, For rcasous set forth in the petition of Samuel 

hundred dollars /-^. i ,i i c ,^ tt • i -i o 

for, to selectmen Ciscoc aiid othcrs, mcmbers oi the Hassanamisco tribe oi 
of Grafton. Jndiaus, that there be allowed and paid out of the treasury 
of the Commonwealth, to the selectmen of the town of Graf- 
ton, the sum of two hundred dollars, to be expended by 
them in the repair of the house of said Samuel Ciscoe and 
others. Approved April 4, 1865. 

Chap. 32. KeSOLVE in FAVOR OF SCHOOLS AMONG THE INDIANS OF GAY HEAD. 

Auowan'e of S149 Resolvcd, That there be allowed and paid out of the 

sc'h?oi"fu°uX °o moiety of the income of the school fund applicable to educa- 

Ed^artown'''^' "^ tioual purposcs, to Johu jVIayhcw, of Edgartown, the sum of 

one hundred and forty-nine dollars, to be applied to the 

support of schools among the Indians of Gay Head, during 

Report of expen- the ycar eighteen hundred and sixty-five ; and said Mayhew 

dition'of°choois, sliall makc a return of the expenditure of this money and 

required. ^^iq condition of the schools, to the governor and council, 

previous to the next session of the legislature. 

Approved April 8, 1865. 

Chap. 33. Resolve in favor of barnard c. marchant, guardian of 

■^' ' CERTAIN INDIAN TRIBES IN DUKES COUNTY. 

Allowance of Resolvcd, For reasons set forth in the petition of Barnard 

fuppott of certain C. Marchaut, guardian of the Christiantown and Chappe- 
indians. quiddi^ tribcs of Indians, that there be allowed and paid out 

of the treasury of the Commonwealth, to said guardian, the 
sum of one hundred and eighty-six dollars and forty-nine 
cents, or as much of the same as may be necessary for the 
support of Nelly JosejDh, Asa Peters, and others mentioned 



1865.— Chapters U, 35, 36. 679 

in said petition. Also, tliat there be allowed and paid out of aiso, .«!io4, from 
the school fund of this Commonwealth, to the guardian of schools. 
said tribes, 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-five. Approved April 8, 1865. 

Resolve to provide additional accommodation for the state QJiff-n^ 3-1. 

INDUSTRIAL SCHOOL AT LANCASTER. ■* ' 

Resolved. That there be allowed and paid out of the Allowance of 

%^ 500 for school 

treasury of the Commonwealth, to the trustee's of the State andi hospital con- 
Industrial School for Girls, at Lancaster, the sum of twenty- ^"""^'^'^e^- 
five hundred dollars, for the purpose of repairing, enlarging 
and furnishing the house now known as number five, so as 
to provide accommodations for the same number of pupils 
and teachers as the other schools, together with suitable 
hospital conveniences : provided, hoivever, that said trustees Proviso. 
shall be allowed no pay or commissions for their services. 

Approved April 8, 1865. 

Resolve in favor of the discharged soldiers' home. Chap. 35. 

Resolved, That there be allowed and paid out of the treas- Allowance of 
ury of the Commonwealth, to the treasurer of the Discharged *mporary aid. 
Soldiers' Home, located in Sprhigfield street, in the city of 
Boston, to be expended by the directors of the institution in 
temporarily caring for and aiding disabled and destitute sol- 
diers, who have been honorably discharged from the service 
of the United States, a sum not exceeding twenty thousand 
dollars; said payment to be made, from time to time, in such Payments, how 
sums as maybe applied for by the president and two vice- '"'^ "^^ 
presidents of said institution. The officers of the institution Report requirea. 
shall report to the legislature, in the month of January next, 
a detailed account of the manner in which this appropi^iation 
has been expended, the amount contributed by individuals, 
the total expenses of the institution, and the number of 
persons admitted and relieved during the year. 

Approved April 8, 1865. 

Resolve concerning the soldiers' national cemetery. CJlCip. 36 

Resolved, That there be allowed and paid out of the treas- Payment of Mass. 
ury of the Commonwealth, to the Soldiers' National Ceme- uolTofe^xpl^^ 
tery, a corporation established by the state of Pennsylvania, authorized, 
the sum of four thousand two hundred and five dollars and 
thirty cents, being the proportion for Massachusetts of the 
estimated expenses of finishing the cemetery at Gettysburg ; 
also, that there be allowed and paid, to Henry Edwards, aiso, expenses of 
commissioner from Massachusetts, the sum of one hundred attending^mee?- 
and twenty-three dollars and forty-seven cents, for expenses '"^s- 



680 1865.— Chapters 37, 38, 39, 40. 

paid by him while attending meetings of the commissioners 
of said Soldiers' National Cemetery. 

Approved April 8, 1865. 

Chat)' 37. Resolve GRANTING TAXES TO THE SEVERAL COUNTIES. 

Piesolved, 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. : Barnstable, 
eight thousand dollars ; Berkshire, twenty-five thousand dol- 
lars ; Bristol, sixty thousand dollars ; Essex, one hundred 
thousand dollars ; Dukes, four thousand dollars ; Franklin, 
thirteen thousand dollars; Middlesex, one hundred and four- 
teen thousand dollars ; Hampshire, twenty thousand dollars; 
Hampden, twenty-nine thousand dollars ; Norfolk, sixty 
thousand dollars ; Plymouth, thirty thousand dollars ; Wor- 
cester, eighty-five thousand dollars. 

Approved April 27, 1865. 

Chttt). 38. Resolve confirming a certain deed from the proprietors of 

-^ ' * THE DISTRICT OF MARSHPEE. 

Deed to Henry w. Resolvcd, That a Certain deed from the proprietors of the 
ooodspeeX"^ ' district of Marshpee to Henry W. Goodspeed and Charles S. 
Goodspeed, and which is recorded in the registry of deeds for 
the county of Barnstable, book eighty-six, page four hundred 
and seventy, is hereby approved, ratified and confirmed, and 
the title of said grantees under the same is hereby declared 
Proviso. good and valid : p?'ovided, that this resolve shall in no wise 

affect the rights which any person may have in the land set 
forth and described in said deed. Approved April 27, 1865. 



FAVOR OF THE MASSACHUSETTS CHARITABLE EYE AND 
EAR INFIRMARY. 



Chd2). 39. Kesolve IN 

Allowance of Rcsolved, That the sum of three thousand dollars be 
fent^yea/.'^"' allowcd and paid from the treasury of the Commonwealth 
to the Massachusetts Charitable Eye and Ear Infirmary, to 
be expended during the current year, under the direction of 
the trustees thereof, for the charitable purposes of said infirm- 
Report required, ary ; and thc said trustees shall report to the legislature, in 
the month of January next, a detailed account of the manner 
in which this appropriation has been expended. 

Approved April 27, 1865. 



Chap. 40. 



Resolve authorizing the city council op Cambridge to re- 
move CERTAIN tombs AND REMAINS OF THE DEAD. 

May remove from Resolved, That thc city council of the city of Cambridge 
me"ds^of dead'^^ is hcrcby authorized, at the expense of said city, to remove 
may designate, ^^^q rgmaius of tlic dcad froiu the burial ground between 



1865.— CHArxER 41. 681 

Broadway and Harvard street, in ward number two, in said 
Cambridge, to tbe Cambridge cemetery or such other burial 
place in the vicinity of Cambridge as the relatives and 
friends of the deceased may designate and provide ; to May remove 
remove tlie tombs now standing in said burial ground, and °™ ^' 
to level and grade the surface of said ground, upon the fol- 
lowing terms and conditions : such removal shall be made conditions, 
under the supervision of the commissioners of the Cambridge 
cemetery ; the remains of the dead shall be reinterred in a 
suitable and proper manner, due regard being paid to the 
relationship and families of the deceased, whose relatives 
shall have the right to assist in the removal ; and a plan of 
the grounds in said cemetery to which such remains shall be 
removed, showing the position of all the known dead so 
removed, shall be made and filed in the office of the clerk of 
said city for future reference. The remains of all the dead au remains to 
in said tombs and burial ground shall be removed, together headXnes "*re- 
with the headstones and monuments now remaining, which ^J.aves.*'^*'^ "^"^ 
shall be duly replaced to indicate the new graves of the 
deceased to whose memory they were erected. Removals of Remorai may be 
remains may be made by friends of the deceased, under the cJase^j!"*^^ °^ "^"^ 
direction of said commissioners, and subject to such reason- 
able restrictions as they may impose ; but no removals, unless Notice to be erst 
at the request of the relatives or friends of the deceased, lonerl'^ofTem'^- 
shall be made until said commissioners shall have first given t^^y '"^ newspa- 

,11 • 11 IT- o T • pers, and to 

notice to all persons interested, by a publication oi this owners of tombs. 
resolve twelve successive weeks in the Cambridge Chronicle, 
and in at least two newspapers published in the city of Bos- 
ton, and by notice in writing to the owners of said tombs. 
If the owner of any tomb shall, before the first day of May in vaiue of tomb 
the year eighteen hundred and sixty-six, request it, the said "n^ap^ald^b/^'dtj"! 
commissioners shall "cause such tomb to be appraised by three 
disinterested persons to be appointed by any judge of the 
superior court, and the appraised value of such tomb having 
been reported to the superior court, holden within the 
county of Middlesex, and by said court accepted, shall be 
paid by said city to said owner, before such tomb shall be 
removed. Said ground shall be surrounded by suitable Grounds to bp- 
enclosures, and shall forever remain unused for a public """^p"*^!'"?""- 
street, unoccupied by any building, and open as a public 
park. Approved April 29, 1865. 

Resolve in favor of samuel s. constant. Chap. 41. 

Resolved, That all the right, title and interest of this Titie of com'ith 

Commonwealth in and to a certain lot or parcel of land Mt.Tuburacem- 

lying in the cemetery of Mount Auburn, in the county of ^'^"^ '■^'^^^^'^ '°- 



682 



1865.— Chapters 42, 43. 



Chap. 42. 

Allowances for 
improvements. 



Middlesex, and numbered in said cemetery twenty-eight 
hundred on Sylvan Path therein, be and the same hereby is 
conveyed and released to Samuel S. Constant, his heirs and 
assigns. Approved April 29, 18G5. 

Resolve concerning the state arsenal. 
Resolved, That there be allowed and paid for improve- 
ments at the state arsenal, the following sums, to wit : for 
shutters on the new building, a sum not exceeding fourteen 
hundred dollars ; for shutters on the old building, a sum not 
exceeding seven hundred dollars ; for work-shop, a sum not 
exceeding forty-three hundred dollars ; for steam-engine, 
shafting and lathe, a sum not exceeding thirty-six hundred 
dollars ; for grading new lot and repairing drive-way, a sum 
not exceeding one thousand dollars. 

Approved April 29, 1865. 



Chap. 43. Resolves 



Governor to 
appoint commis- 
sioners to edit. 



Deposit of copy. 



Allowance 
expenses. 



for 



relating to the publication of the provincial 
statutes. 

Resolved, That the governor, with the consent of the 
council, be and he hereby is authorized and empowered to 
appoint three or more commissioners, learned in the law and 
in the history of Massachusetts, whose duty it shall be to 
prepare for publication a complete copy of the statutes and 
laws of the province and state of Massachusetts Bay, from 
the time of the province charter to the adoption of the con- 
stitution of the Commonwealth, including all the sessions, 
acts, private and public, general and special, temporary and 
perpetual, passed from time to time by the general court, all 
incorporations of towns and parishes, and all other legislative 
acts of legal or historical importance appearing on the records 
of the general court, with suitable marginal references to the 
statutes and judicial decisions of the province and Common- 
wealth, the orders of the king in council, and to such other 
authorities as in their opinion may enhance the value and 
usefulness of the work, and to append to the same a full and 
complete index. 

Resolved, That said copy, when so prepared and com- 
pleted shall be deposited in the office of the secretary of the 
Commonwealth. 

Resolved, That for the purpose of procuring a manuscript 
copy of said statutes, and for other clerical assistance, a sum 
not exceeding one thousand dollars shall be allowed and paid 
out of the treasury from time to time upon the approval of 
the governor. Approved April 29, 1865. 



1865.— Chapters 44, 45. 683 

Kesolves for the republication of a report on the inver- Chap. 44. 

TEBRATE ANIMALS OF MASSACHUSETTS. 

Resolved, That it is expedient to republish twelve hun- ^^'^°'^'oTnt«i'b" 
dred copies of the Report of Dr. A. A. Gould, on the Inver- governor, to su- 
tebrate Animals of Massachusetts, with such corrections and p'*'''''^®- 
additions as may be deemed important by the author, and 
under his supervision, with the aid of such other person as 
may be appointed by the governor and council ; and the Expense, 
expense attending such publication shall be allowed and paid 
out of the treasury, to an amount not exceeding four thou- 
sand dollars. 

Resolved, That two hundred copies of the report be given Distribution and 
to the author, in consideration of his otherwise gratuitous '=°py-"sht- 
services in its preparation and publication, and that the 
future copy-right be assigned to him ; and that fifty copies of 
the same be placed at the disposal of the governor and coun- 
cil, for such gratuitous distribution as they may think 
proper, and that every college and normal school, and every 
public library in the state shall have one copy, and every 
member of the present legislature shall have one copy ; the 
remainder of the edition to be at the disposal of a future 
legislature. Approved May 1, 1865. 

Kesolves concerning the obstructions to the passage of fish (JJidYi 45 

in the CONNECTICUT AND MERRIMACK RIVERS. "' 

Resolved, That his excellency the governor, by and with Governor to ap- 

.1 -, • -I 1 ^ ii •! • 11 • 1 i 'J. point commission 

the advice and consent oi the council, is authorized to appoint ofobservat'nand 
two commissioners, whose duty it shall be to cause observa- '"'i'^"'^- 
tions to be made, during the months of May and June, of 
the height of the water upon the crests of the dams at Lowell, 
Lawrence and Holyoke, the heights of the flash boards upon 
said dams, respectively, the right of the owners to maintain 
such flash boards, and if they are uniformly maintained 
thereon during said months ; also, to ascertain the extent 
and degree of the discoloration of the water of said rivers 
below said dams, caused by the discharge of dyestuffs and 
other noxious matter therein from the manufactories, and 
tlie effects of such matter upon the water and the fish inhab- 
iting the same ; and further, to make inquiries and ascertain 
the best mode of constructing fishways over said dams, the 
expense of the same, and such further facts touching fish- 
ways and their usefulness in aiding the passage of fish over 
obstructions as said commissioners may deem useful or 
expedient. 

Resolved, That said commissioners communicate with commission to 

1 .. , •,Ti,ij.j.i? advise with like 

such commissioners as may be appointed by the states oi agents of New 
New Hampshire and Vermont, upon the subject embraced VerTott^^"'^ 



684 



1865.— Chapters 46, 47. 



Shall learn facts 
of supply, value 
and habits of 
fish. 



in these resolutions ; ascertain the legislation which has from 
time to time taken place in those states concerning the erec- 
tion of dams in either of said rivers, and the height of said 
dams, respectively ; if fishways suitable for the passage of 
shad and salmon exist in said dams, or any of them, and if 
said states possess the right to maintain, or cause to be main- 
tained, suitable fishways for the passage of such fish up said 
rivers to their sources, or to any and what extent. 

Resolved, That said commissioners ascertain, so far as 
practicable, the supply of shad and salmon in said rivers 
previous to any obstructions being placed therein, when such 
supply began to fail, and the causes generally assigned for 
such failure, with such further information touching the 
value of the fisheries and the habits of the fish as may be 
attainable. 

Resolved, That said commissioners make a report of their 
doings to the governor and council, on or before the first day 
of December next. 

Resolved, That the obligation of the Essex Company to 
rebuild a fish way in their dam on Merrimack river, in accord- 
ance with their charter and the prescription of the county 
commissioners of Essex county, be suspended until the first 
day of July, in the year one thousand eight hundred and 
sixty-six. 

Resolved, That his excellency the governor be requested 
to transmit a copy of these resolutions to the governors of 
the states of New Hampshire and Vermont. 

Approved May 3, 1865. 

Resolve in favor of the new England hospital for women 
and children. 

Resolved, That the sum of five thousand dollars be and 
the same is hereby allowed from the treasury of the Com- 
monwealth, to the New England Hospital for Women and 
Children, to be expended in the payment for and improve- 
ment of the real estate now occupied by them : pi'ovided, 
that an equal sum is subscribed and paid by individuals, and 
expended for the same purpose, and further, that no part of 
this appropriation or subscription shall be used for the cur- 
rent expenses of the institution. The directors of said hos- 
pital shall report to the legislature, during the month of 
January next, the manner in which this appropriation has 
been expended. Approved May 4, 1865. 

Chcip. 47. Resolve upon the petition of eunice h. Leonard, guardian. 
ofdaughteTcon" Rcsolvcd, For rcasons set forth in the petition of Eunice 
vey property to H. Lcouard, of NortoH, that she be and hereby is authorized 



Report. 



Obligations of 
Essex Company 
to rebuild fish- 
way suspended. 



Transmission of 
resolves to States. 



Chap. 46. 



Allowance of five 
thousand dollars, 
for real estate. 



Proviso : equal 
sum to be paid 
by persons. 

No part to be us'd 
currently. 

Directors to re- 
port expenditure. 



1865.— Chapters 48, 49, 50, 51. 685 

and empowered, in her capacity as guardian of her daugh- 
ters, Florence C. Leonard and Henrietta F. Leonard, to con- 
vey to her son, Jacob A, Leonard, all the right, title and 
interest which said daughters have in and to certain land 
described in a deed from Cromwell Leonard, late of Norton, 
deceased, to his son Luen C. Leonard, deceased, dated June 
fifth, in the year one thousand eight hundred and forty-nine : 
provided, that such conveyance shall be made under and Proviso: judge of 
according to leave and order of the judge of probate for the thorize. 
county of Bristol, who is hereby authorized to grant such 
leave, if he shall deem it expedient. Approved May 4, 1865. 

Resolve to provide compensation for taking the census for Chap. 48. 

THE YEAR eighteen HUNDRED AND SIXTY-FIVE. 

Resolved, That there be allowed and paid out of the Allowance of $3 
treasury of the Commonwealth, to each person duly author- ^^"^ ^^' 
ized and employed in taking the census for the year eighteen 
hundred and sixty-five, under the provisions of chapter 
sixty-nine of the acts of said year, three dollars for each day 
of ten hours actually employed in such service. All bills for biiis to be ap- 
such service shall be approved by the mayor of the city or ^"^"^^ * 
the selectmen of the town where such service shall have been 
rendered. Approved May 5, 1865. 

Resolve in favor of certain officers of the state prison. Chap. 49. 
Resolved, That there be allowed and paid out of the Extra compensa- 
treasury of the Commonwealth to each of the subordinate c urren^t * Jar^ '°'' 
ofiicers of the state prison, excepting the deputy warden and 
clerk, at the rate of one hundred dollars per annum, in 
addition to their present compensation for the current year. 

Approved May 5, 1865. 
Resolve in favor of the American asylum for the deaf and Chap. 50. 

DUMB at HARTFORD. 

• Resolved, That in addition to the sum already allowed by Allowance of 
law for the support and instruction of beneficiaries of Massa- Lnai fo^r^'*'' 
chusetts, at the American Asylum for the Deaf and Dumb at beneficiaries. 
Hartford, in the state of Connecticut, there be allowed and 
paid from the treasury of the Commonwealth a sum not 
exceeding five thousand dollars, as the governor may deem 
expedient. Approved May 5, 1865. 

Resolve in FAVOR of ISANNA C. VALENTINE AND OTHERS. Chttp. 51. 

Resolved, That Isanna C. Valentine, widow of Cbarles May sen and con- 
Yalentine, late of Cambridge, with their surviving children, chMtes^vaientino 
— the latter, so far as they may be minors, acting by their 
respective guardians, — be and they are hereby authorized 
and empowered to sell, either at public auction or private 

39 



686 1865.— Chapters 52, 53. 

sale, and to execute all necessary deed or deeds, and to con- 
vey in fee simple to the purchaser or purchasers thereof, free 
and discharged from all claims, uses, trusts and remainders 
arising under or by virtue of the will of said Gharles Valen- 
tine, the real estate left by said deceased on Prospect Street, 
in said Cambridge, with the privileges and appurtenances 
thereunto belonging, and all the right, title, interest and 
estate of which said Charles Valentine died seized and 
Proviso. possessed therein : provided^ that such sale shall be made 

under and according to leave and order of the supreme 
judicial court, and the proceeds of such sale placed in the 
hands of a trustee or trustees appointed by said court, to be 
safely invested, held, administered and disposed of according 
to law and the will of said Charles Valentine, and said court 
is hereby fully empowered to give effect to the provisions of 
this resolve. Approved May 9, 1865. 

Chap. 52. Resolve to establish the boundary line between the states 

OF MASSACHUSETTS AND RHODE ISLAND. 

to°Bumrswa^p R^solved, That the boundary line between the state of 
Corner. Rhodc Island and the Commonwealth of Massachusetts, from 

the line of the state of Connecticut to Burnt Swamp Corner, 
begins at the north-west corner of the state of Rhode Island, 
on the Connecticut line, in latitude forty-two degrees and 
i twenty-nine seconds north, and longitvide seventy-four 
degrees, forty-eight minutes and eighteen seconds west of 
Greenwich, and runs in a straight line twenty-one and five 
hundred and twelve thousandths miles, to Burnt Swamp 
Corner, in Wrentham, being in latitude forty-two degrees, 
one minute and eight seconds, and longitude seventy-one 
degrees, twenty-three minutes and thirteen seconds. 

Approved May 9, 1865. 

Chap. 53. Resolve for paying the expenses of the Massachusetts allot- 

^' ' ment commissioners. 

Pay of secretary, Resolved, That tlic Massacliusctts allotment commission- 

priatiDg, ^traveij cVs bc authorizcd to allow their secretary, for his services 

&c., allowed. (Juping the prcscnt year, compensation at the rate of five 

hundred dollars per annum, and that there be allowed and 

paid from the treasury of the Commonwealth for the use of 

the commissioners during the present year, for compensation 

of their secretary as aforesaid, printing, stationery, cost of 

travel and expenses and compensation of agents appointed 

under the direction of the governor, a sum not exceeding 

one thousand dollars. Approved May 9, 1865. 



1865.— Chapters 54, 55, 56, 57. 687 

Resolve to provide compensation for obtaining the indus- Chap. 54. 

TRIAL statistics OF THE COMMONWEALTH FOR THE YEAR EIGH- 
TEEN HUNDRED AND SIXTY-FIVE. 

Resolved, That there be allowed and paid out of the treas- Allowance of $3 
iiry of the Commonwealth, to each person duly authorized and ^^^ ^^' 
employed in obtaining the industrial statistics of the Common- 
wealth for the year eighteen hundred and sixty-five, under 
the provisions of chapter one hundred and forty-six of the 
acts of said year, three dollars for each day of ten hours 
actually employed in such service : provided, however, that Proviso, 
if any person so employed shall, in connection with such 
service, be also employed in taking the census, under the 
provisions of chapter sixty-nine of the acts of said year, then 
such person shall be paid but three dollars a day for all the 
services rendered under the provisions of both of said acts. 
All bills shall be approved by the mayor of the city, or the bius to be ap 
selectmen of the town, where such services shall have been ^"^"^^ ' 
rendered. Approved May 9, 1865. 

Resolve in favor of henry k. Oliver. Chap, 55. 

Resolved, That there be allowed and paid to Henry K. Remuneration 
Oliver, a sum not exceeding six hundred and fourteen dol- de'rerroMoSs 
lars for an amount accounted for by him, as erroneously paid payments. 
to soldiers and others, in his capacity as treasurer of the 
Commonwealth, on orders subsequently proved to have been 
forged, and to persons making false statements as to their^ 
identity. Approved May 10, 1865. W 

Resolve in favor of the town of nantucket. Chap. 56. 

Resolved, That there be paid out of the treasury of the Allowance of 
Commonwealth, to the town of Nantucket, five hundred and St^orraTi- 
eighty-eight dollars and fifty-nine cents, being the amount bTtown"'' °'^°** 
which would have been paid to said town under the pro- 
visions of the eighth section of chapter two hundred and 
eight of the acts of the year eighteen hundred and sixty-four, 
if the stock owned by said town in a railroad corporation, 
had been owned by individuals residing in said town on the 
first day of May in the year eighteen hundred and sixty-four. 

Approved May 12, 1865. 

Resolve IN favor of THE town OF ROCKPORT. Chap. 57. 

Resolved, That there be paid out of the treasury of the Allowance of 
Commonwealth to the town of Rockport, six hundred and fo^nftf"^,: 
fifty-six dollars and twenty-five cents, being the amount road^stock owned 
which would have been paid to said town under the pro- 
visions of the eighth section of chapter two hundred and 
eight of the acts of the year eighteen hundred and sixty-four, 



688 1865.— Chapters 58, 59, 60. 

if the stock owned by said town in a railroad corporation, 
had been owned by individuals residing in said town on the 
first day of May in the year eighteen hundred and sixty-four. 

Approved May 12, 1865. 



58. Resolve for printing abstracts of the census and industrial 
statistics for the year eighteen hundred and sixty-five. 



Chap. 

secret'y to cause Resolved, That there be printed, under the direction of 
ies each for I860, the Secretary of the Commonwealth, five thousand copies of 
the abstract of the census, and five thousand copies of the 
abstract of industrial statistics for the year eighteen hundred 
Diatribution. and sixty-fivo, to be distributed as follows : one hundred 
copies of each shall be given to the governor and council for 
such distribution as they may see fit to make, one copy to 
each member of the present legislature, one copy to each 
member of the next legislature, one copy to each college, 
normal school, public library, and to each city and town 
clerk in the Commonwealth ; and the residue shall be left to 
the disposal of the secretary of the Commonwealth. 

Approved May 13, 1865. 

Chcip. 59. Resolve concerning the establishment of police courts and 

■^' ' the division of the commonwealth into judicial districts. 
Committee of leg. Resolved, That a committee of this legislature, consisting 

islature to be ap- n i r-xi j. t ± i /.iii 

pointed to con- 01 ouc member oi the senate and two members oi the house 
sjder and report, ^f representatives, be appointed to consider the expediency 
ifof dividing the Commonwealth into judicial districts, and 
establishing police courts, which shall have jurisdiction of all 
causes, both civil and criminal, within their respective dis- 
tricts, such as are now within the jurisdiction of police courts, 
trial justices and justices of the peace; said committee to act 
without compensation and to report to the next general court. 

Approved May 13, 1865. 

Chan. 60. Resolve authorizing the appointment of a trustee of the 
"' ' antietam national cemetery. 

Governor may Resolved, That the governor, by and with the advice and 
to^act u"nder conscut of thc couucil, is authorized to appoint some suitable 
land. °^ ^"^" person 'to be a trustee of the Antietam National Cemetery, to 
exercise the powers and discharge the duties prescribed in 
the act of the general assembly of the state of Maryland, 
passed on the twenty-third day of March, in the year eighteen 
hundred and sixty-five, incorporating said cemetery, and such 
other acts as may be passed by said general assembly relating 
thereto. Approved May 13, 1865. 



1865.— Chapters 61, 62, 63. 689 

KeSOLVE AUTHORIZIlNfG THE APPOINTMENT OF COMMISSIONERS UPON QJiap. 61. 
THE SUBJECT OF PLACING STATUES IN THE OLD HALL OF THE HOUSE 
OF REPRESENTATIVES. 

Resolved, That the governor, by and with the advice and Governor may 

' ~. I 1 • 1 • 1 appoint commis- 

consent oi the council, is hereby autliorized to appoint three sioners to report 
persons to be commissioners, to serve without compensation, ^"^ ^"' ^«'''' ' 
who shall consider the provisions of the act of congress, 
passed July second, in the year eighteen hundred and sixty- 
four, setting apart the old hall of the house of representatives 
for a hall of statuary, and that said commissioners, on or 
before the first day of December next, sliall report to the 
governor such a plan, in compliance with the act of congress, 
as they deem advisable, accompanying the report of a plan 
with such suggestions as they deem proper in reference to 
tl.te eras in the history of the Commonwealth to be commem- 
orated by the statues which it is proposed to erect. 

Approved May 13, 1865. 

Resolve in relation to the hours of labor. . Chap. 62. 

Resolved. That a commission, consisting of five persons, Governor to ap- 

, • , 1 I 1 • 1 ; !• point commisoion 

he appointed by the governor, to serve without compensation, to report to next 
to collect information and statistics in regard to the hours of '•^^isiature. 
labor, the condition and prospects of the industrial classes, 
with such other information as they may deem proper ; and 
report the result of such investigation to the next legislature 
for its action. Approved May 13, 1865. 

Resolves in relation to Plymouth harbor. Chap. 63. 

Resolved^ That there be allowed and paid out of the fund Allowance of 
created by the one hundred and eighteenth chapter of the tec'tion.'"^'"^**' 
acts of the year eighteen hundred and sixty-three, five thou- 
sand dollars, to be expended upon Plymouth beach, in the 
town of Plymouth, for the purpose of protecting the harbor 
of said town. 

Resolved, That the selectmen of Plymouth, without any selectmen may 
expense to the Commonwealth for their services, have full ^^^'^^^' 
power to expend such portion of the sum named in the first 
resolve, as may be needed to protect said harbor from the 
destruction which threatens it. 

Resolved., That the expenditure hereby authorized is in Duty of u. s. de- 
anticipation of a duty which clearly belongs to the general "^'"^^ ' 
government, and is now assumed by Massachusetts in the 
present exigency, relying upon ultimate reimbursement 
therefor. Approved May 13, 1865. 



690 1865.— Chapters 64, 65. 

Chap. 64. Resolve concerning a statue of edward everett. 

Preamble. Whereas, The friends of the late Edward Everett propose 

to erect a statue to his memory, the material of which has 

not been determined on ; therefore, 
statue of marble Resolvecl, That if Said statue be made of marble, full 

orof bronze, place -/ ...,,. , ' . 

designated. couseut aiid pcrmissiou is hereby given to place the same in 
some suitable portion of the state house ; and if it be made 
of bronze, full consent and permission is hereby given to set 
up the same in some suitable place in the state house grounds. 

Governor and In either casc the location shall be subiect to the approval of 

council to ap- ,, , m i • i , i 

prove. the governor and council, and without expense to the 

Commonwealth. Approved May 13, 1865. 



Chap. 65. Resolve in favor of Harriet j. colby. 

May, with chii- Resolvcd, That Harriet J. Colby, wife of Lewis Colby, 
Samuel p.' Allen, formerly the widow of Samuel P. Allen, late of Cambridge, 
deeds^ o1^ ^c« tola ^^ ^^^^ couuty of Middlcscx, deceased, and Harriet A. Allen, 
estate in Cam- Samucl P. Allen, Jamcs M. Allen and Lowell D. Allen, all 
" ^^' of said Cambridge, the children of said Samuel P. Allen and 

Harriet J. Allen, the latter, so far as they may be minors, 
acting by their respective guardians, be and the same are 
hereby authorized and empowered to sell, either at public 
auction or private sale, and to execute all necessary deed or 
deeds, and to convey in fee simple to the purchaser or pur- 
chasers thereof, free and discharged from all claims, trusts 
and remainders arising under or by virtue of the will of said 
Samuel P. Allen, deceased, dated the twenty-fourth day of 
January, in the year one thousand eight hundred and fifty, 
the real estate described in article twenty-fifth of the will of 
said Samuel P. Allen, and situated in that part of Cambridge 
called Cambridgeport, with all the privileges and appurten- 
ances belonging thereto, and all the right, title and interest 
of which said Allen died seized and possessed therein : 
Provisos : su- provided, that such sale shall be made under and according 
cou™tVauthor- to Icavc of the suprcmc judicial court for the county of Mid- 
trustees ''^^°*'*' dlesex, and the proceeds of such sale placed in the hands of 
a trustee or trustees appointed by the court aforesaid to be 
safely invested, held, administered and disposed of according 
to law and the will of said Samuel P. Allen ; and said court 
is hereby fully empowered to give effect to the provisions of 
Trustees to give this rcsolvc. Said trustee or trustees shall before entering 
upon liis or their duties give such bond, for' the faithful per- 
formance of his or their duties, to the judge of probate for 
the county of Middlesex, with sufficient sureties, to be ap- 
proved by him, as said supreme judicial court may order : 
co"urt*"o ippoTnt pfovided, also, that said supreme judicial court shall appohit 



1865.— Chapters 66, 67, 68. 691 

some suitable person to appear and act as the next friend of representative of 
such minors as may be interested in the sale of said real 
estate, the cost of whose appearance and services, including 
the compensation of counsel, to be determined by the court, 
shall be paid as the court may order ; and it shall be the Report to court 
duty of such person so appointed to report to the court upon "''i""'® • 
the propriety and expediency of such sale, as it affects the 
interests of said minors, and the court may thereupon in its 
discretion allow or dismiss the petition. 

Approved May 13, 1865. 

Resolve concerning the purchase of a vessel for the nautical /^^^^ (\(\ 
branch of the state reform school. j^' 

Resolved, That for the purposes set forth in chapter sixty- Allowance of 
five of the resolves of the year eighteen hundred and sixty- fnaauing'/^''^' 
four, and in addition to the amount appropriated in said 
chapter, there be allowed ten thousand dollars, for the pur- 
chase of an additional vessel for the Nautical Branch of the 
State Reform School, and ten thousand dollars for the fitting 
up and equipment of said ship, which sums shall be allowed Trustees may 
and paid to said trustees for those purposes. "^^^ money. 

Approved May 15, 1865. 

Resolve IN RELATION TO COUNTY TAXES. Chap. 67. 

Resolved, That the county taxes granted to the several Taxes of ises to 
counties the present year shall be assessed upon the polls and ch'^isf^'es""*'"^ 
estates, as fixed by the one hundred and eighty-first chapter 
of the acts of the year one thousand eight hundred and sixty- 
five, entitled "An Act to establish the Polls and Estates of 
the several Cities and Towns of the Commonwealth." 

Approved May 15, 1865. 

Resolve for the correction of errors in the eeimbursement r^i^^ an 

OF BOUNTIES. ^^^P' ^^' 

Resolved, That the adjutant-general be and he is hereby Adjutant-general 
requested to make a careful examination of the rolls in his u^rer^^do^ie'^^or 
office, and reijort to the treasurer and receiver-oreneral the '"?'*' bounties 

J. • \ • T ■ 1 1/-I 11 -, V^^<^ under calls 

instances m which it appears that the Commonwealth, under ofi862. 
chapter two hundred and eighteen of the acts of the year 
eighteen hundred and sixty-three, has paid either to the same 
or different towns more than one bounty for the same volun- 
teer, enlisting under the call of July or August, in the year 
eighteen hundred and sixty-two ; also to report, if the fact 
can be ascertained, upon whose quota such person actually 
served and was counted. Upon receiving this report, the Treasurer to noti- 
treasurer and receiver-general is requested to give notice to limeTofpersous^ 
the town to which any such payment seems to have been 



692 1865.— Chapters 69, 70. 

made, or if made to different towns, said notice shall be 
given to each town, stating in said notice tlie name of the 
volunteer for whom bounty seems to have been nfore than 
Payments to have oncc paid. Unlcss it sliall be made satisfactorily to appear 
or°moDey'"due that tbc Ijountics in question have been properly paid, the treas- 
repo^rteTto'tegu'^ ^^I'^r and receiver-general is hereby authorized and directed 
lature. ^q retain the amount so erroneously paid to any town from 

any money now or hereafter in his hands due from the Com- 
monwealth to such town, and shall report to the general 
court, on or before the fifteenth day of Januaiy, in the year 
eighteen hundred and sixty-six, all cases in which he may 
have retained any such money, together with the facts relat- 
Fraud to be re- ing tbercto ; and if, upon investigating any of the aforesaid 
attorney. cascs, it shall appear that any party has been guilty of fraud 

in procuring any such payment to be made, it shall be the 
duty of the treasurer and receiver-general to report the case 
to the district-attorney for the district in which such oifence 
may be prosecuted. Approved Maij 16, 1865. 

Chap. 69. Resolve concerning the sale of Armstrong and blakely guns. 
Governor and Reso/ved, That tlic govemor of the Commonwealth, with 
cwtoing^M.*^" the advice and consent of the council, is hereby authorized 
to sell such Armstrong and Blakely guns as have been pur- 
chased for the use of the Commonwealth, but have not been 
Money to be paid shipped to this couutry. Tlic net proceeds of the sale of said 
reasury. g^^s shall bc paid iuto the treasury of the Commonwealth. 

Approved May 16, 1865. 
Chap. 70. Resolves in relation to coast defences at provincetown. 
Appropriation of Renolved, That there be appropriated to be paid out of 
$100,000 author- ^|^g coast defcncc fund a sum not exceeding one hundred 
thousand dollars for the preservation of the harbor of Prov- 
incetown, and the treasurer of the Commonwealth is hereby 
authorized under the provisions of section three of chapter 
one hundred and eighteen of the acts of the year eighteen 
Treasurer may hundred and sixty-thrcc, to issue such scrip as may be 

issue scrip. i^ xi j. 

necessai-y tor that purpose. 

Commissioners Resolved, That Tliomas D. Eliot, of New Bedford, Alpheus 

may'°exprnd Hardy, of Bostou, and Eben S. Smith, of Provincetown, be a 

'"°°®^" board of commissioners who shall, after consultation with the 

proper officers and departments of the government of the 

United States, and upon such plans as meet with their 

approval, have full power to expend such portion of the 

above appropriation as may be needed effectually to protect 

said harbor from the destruction which threatens it. 

Preservation of Resoli'ed, That thc prcscrvatiou and protection of Prov- 

nrenToaw"buiid- incctowii liarbor by fortifications are objects of the highest 



1865.— Chapters 71, 72. 693 

national concern; that in order to render effective any >ng military road 
system of defences at that point, it is vitally important that ^ °"^ 
it be connected with the centres of population and with the 
material of war by a railroad ; and that our senators in the 
congress of the United Stated be instructed and the repre- 
fSentativcs be requested to use their best endeavors for the 
immediate construction of a military road from Orleans to 
Provincetown. 

Resolved, That the appropriation now made for the pres- Duty assumed de- 
ervation of the harbor of Provincetown is in anticipation of toTnited states'^ 
a duty which clearly belongs to the general government, and 
is now assumed by the Commonwealth of Massachusetts in 
the present exigency, relying upon ultimate reimbursement 
therefor. 

Resolved, That his excellency the governor be and he is ResoiTes to be 
hereby requested to transmit to each of the senators and men. ''°°^''^^^' 
representatives of this Commonwealth a copy of the foregoing 
resolves and of the accompanying report. 

Approved May 16, I860. 

Resolve in favor of the watchmen of the state house, the Qhnfn 7I 

MESSENGER AND ASSISTANT-MESSENGER TO THE GOVERNOR AND ■'' ' 

COUNCIL, AND THE MESSENGER OF THE SECRETARY OF THE 
COMMONWEALTH. 

Resolved, That in addition to the sum now provided by Additional com- 
law, there be allowed and paid to each of the watchmen of LTy^ar"/"""'" 
the state house, to the messenger to the governor and coun- 
cil, and to the messenger of the secretary of the Common- 
wealth, the sum of two hundred dollars, and to the assistant- 
messenger to the governor and council the sum of one 
hundred dollars, in full compensation for services as watch- 
men, messengers and assistant-messenger, for the present 
year ; and neither of said parties shall receive from the 
treasury any compensation for other services. 

Approved May 16, 1865. 

Resolve concerning the eastern avenue corporation. Chav 72 
Wliereas, The charter for the Eastern Avenue Corpora- Preamble: cross- 
tion, now held by the city of Boston, contemplates the build- ^^sofcen-iintiatB 
ing of an avenue across flats belonging to the Commonwealth : 
Resolved, That the board of commissioners on harbors commi 



aissionerson 



and flats be authorized to confer with the city government of to"^°Jnfer "^ wi'th 
Boston or any committee thereof, concernine; tlie buildino; of "H °^ Boston, 

• J .., . -, . -I 1 f ■ • and to liave pow- 

saia avenue, with power to give advice and such direction 111 ers, in construc- 
the construction of such avenue as shall be consistent with "°°°f'^^«°"«- 
the best interests of the Commonwealth and of the harbor of 
Boston. Approved May 16, 1865. 

40 



694 1865.— Chapters 73, 74, 75, 76. 

Chap. 73. Resolve in favor of the clerks and employees of the several 

DEPARTMENTS, AND OTHER OFFICERS. 

Allowance of 20 Resolved, That there be allowed and paid to the agent and 
tionai'%ay* for the Secretary of the board of state charities, the clerks of the 
current year. gcnatc and housc of representatives, the sergeant-at-arms of 
the two branches, the agent of the board of education, and to 
each of the present clerks and employees of the several depart- 
ments at the state house, except to those whose salaries have 
been already increased during the year, at the rate of twenty 
per cent, in addition to the compensation now allowed them ; 
the same to be in full for their services for the current year. 
Construction of This iucrcasc shall be so applied as to accrue to the salaries 
and compensation paid and to be paid for the year eighteen 
hundred and sixty-five to officers and employees appointed 
under chapter two hundred and nineteen of the acts of the 
year eighteen hundred and sixty-one, in such proportion as 
shall give to the heads of the several military bureaus and 
• agencies an amount not exceeding that paid for the current 

year to the adjutant-general ; and to the first clerks of such 
military bureaus and agencies, an amount not exceeding that 
paid for the current year to the first clerk of the adjutant- 
general ; and to all other clerks and employees, an amount 
not exceeding that paid for the current year to the clerks, 
other than the first and second clerks, in the office of the 
secretary of the Commonwealth. Approved May IQ, 18Qb. 

Chan 74 I^ESOLVE providing for THE 
^ * ' CLERK of THE HOU 

Allowance of Resolvcd, That there be allowed and paid out of the treas- 
vfces/""^ ^" ury to William A. Crafts, assistant-clerk of the house of 
representatives, the sum of five hundred dollars, as compen- 
sation for his services during the present session of the 
general court. Approved May 16, 1865. 

Chap. 75. Resolve relating to the pay op the officers of the 

"' ' LEGISLATURE. • 

Doorkeepers and Resolved, That thcrc be allowed and paid out of the treas- 
messengers. ^^^ ^^ ^^^^ Commoiiwealtli thc sum of four dollars per day, 

during the present session, to the doorkeepers and messen- 
ohapiains. g^rs of the scnatc and house of representatives ; and to the 

chaplains of the senate and house of representatives the sum 
Pages. of three hundred dollars each ; and to the pages of the two 

branches of the legislature the sum of tliree dollars per day 

each, during the present session. Approved May 17, 1865. 

Chai). 76. Resolves in relation to the state treasury. 

Resolves of 1865, Resolvcd, That the provisions of the resolve in relation to 
to June,''66!°'^'"* tlic trcasury, approved on the fourth day of April in the year 



compensation of the assistant- 
clerk OF THE HOUSE OF REPRESENTATIVES. 



Constitutional Amendment. 695 

eighteen hundred and sixty-five, be extended to the first day 

of June in the year eighteen hundred and sixty-six. , 

Resolved. That for and during one year next succeeding ^^te of interest 

' , •iniipif' between persons 

the passage of tins resolve, it shall be lawtul tor any county, or corporations 

... ,. , ••ii for one year may 

City, town, corporation or person to pay or receive interest be 7 310 per cent. 
and to contract to pay or receive interest, for any period of 
time, not exceeding one year, and at a rate not exceeding 
seven and three-tenths per centum per annum. 

Approved May 17, 1865. 



PKOPOSED AMENDMENT TO THE CONSTITUTION. 
The following proposed Article of Amendment to the Constitution of the 
Commonwealth having been officially certified and deposited in this depart- 
ment, under requirement of an Act of the legislature of 1865, relating to 
the publication of such proposed amendments, the same is herewith pub- 
lished, in compliance with said Act, for the public information required by 

the Constitution : 

• 

Resolve providlng for an amendment to the constitution, to 

secure the elective franchise to the voters of this com- ■♦ 

monwealth absent therefrom in the military or naval 
service of the united states. 

Resolved, By both houses, the same being agreed to by a Expediency de- 
majority of the senators and two-thirds of the members of ''^^^'^' 
the house of representatives present and voting thereon, that 
it is expedient to alter the constitution of this Commonwealth, 
by adopting the subjoined article of amendment ; and that Entry and refer- 
the same, as thus agreed to, be entered on the journals of ^^'^^' 
both houses, with the yeas and nays taken thereon, and 
referred to the general court next to be chosen ; and that Pubiiahment. 
the same be published, to the end that if agreed to by the 
general court next to be chosen, in the manner provided in 
the constitution, it may be submitted to the people for their 
approval and ratification, in order that it may become a part 
of the constitution of this Commonwealth : 

Aeticle of Amendment. 
The general court shall have power to provide by law the Legislature may 
manner in which any qualified voter of this Commonwealth suffra'^e* "^"^'^ "^ 
who is absent in the time of war in the military or naval 
service of the United States, may vote in the choice of any 
officer that may be voted for at any election. 

House of Representatives, May 16, 1865. 

Passed: Alex. H. Bullock, Speaker. 

L\ Senate, May 16, 1865, 

Passed : J. E. Field, President. 



696 ' Resolutions. 



RESOLVES 

Expressinfi the Thanks of Massachusetts to Lieutenant- General 
Grant and the Armies and Navy of the United States. 

Resolved, That the thanks of Massachusetts be presented 
to Lieutenant-General Ulysses S. Grant, for the judgment, 
fortitude, courage and ability which have distinguished his 
military career in the service of his country, and particularly 
for the combination and skill manifested in the recent opera- 
tions of the Army of the Potomac, resulting in the capture 
of the enemy's fortifications around Petersburg, the evacua- 
tion of Richmond, and the surrender of the Array of Northern 
Virginia. 

Resoltxd, That the thanks of Massachusetts be presented 
to the Army of the Potomac, for the patient endurance, 
invincible determination and indomitable courage which 
have illustrated all its efforts from the commencement of the 
rebellion to the present hour ; for the renown which it has 
shed upon the national arms and national honor, and for the 
imperishable glory it has diffused over the land by the final 
blow which it lias given to the cause of the rebellion and to 
the army which supported it. 

Resolved, That the thanks of Massacliusetts be presented 
to the army and navy wherever employed, who have, with 
patriotic devotion to the constitution and laws, sustained the 
cause of civil freedom and republican institutions through- 
out the present struggle, and whose fidelity, constancy and 
courage, remaining unshaken to the end, and now crowned 
with triumphant success, will ever be commemorated by a 
grateful country and receive the applause of the human 
race. 

Resolved, That the people of Massachusetts hail with 
gratification and delight the prospect of returning peace, 
and rely with confidence upon the wisdom and prudence of 
the general government to inaugurate such measures as will 
unite the whole territory of the republic under a constitu- 
tion providing for the equality of the states and for universal 
freedom. 

Resolved, That his excellency the governor be requested 
to transmit a copy of these resolutions to the secretary of 
war, with a desire that a copy of the same be sent to Lieu- 
tenant-General Grant, and to each army and corps com- 
mander in the service of the United States, that the same 
may be read at the head of their respective commands. 
[^Passed unanimously, hi/ the Senate on the 10/7* and bi/ the House of Rep- 
resentatives, in concurrence, on the \lth day of April, 1865.] 



Resolutions. 697 



RESOLVES 

On the Death of Abraham Lincoln, President of the United States. 

Resolved^ That the legislature of Massachusetts receives 
the intelligence of the death of Abraham Lincoln with senti- 
ments of the deepest sorrow and the most profound regret. 

Resolved^ That when we contemplate the events of the 
last four years of the history of this country, we are struck 
with the great sagacity, comprehensive ability, fixed deter- 
mination and honest purpose, which have marked all his 
measures, and which through the blessings of Divine Provi- 
dence, have enabled us to overthrow this- vast rebellion, 
planned and organized for the substantial destruction of civil 
liberty. 

Resolved, That we deplore the death of the president of 
the United States, whose private virtues have endeared him 
to his friends, whose public services have contributed so 
much to the preservation of our common country, whose 
courage and constancy in every stage of the struggle through 
which we are passing have known no abatement in misfor- 
tune, and whose fidelity to duty has been crowned with 
triumphant success. 

Resolved, That we offer our sincere condolence to the 
widow and family of the president in this hour of their afflic- 
tion and suffering. 

Resolved, That his excellency the governor be requested 
to cause a copy of these resolutions to be forwarded to Mrs. 
Mary Lincoln, as a token of respect and regard entertained 
for her by the legislature of Massachusetts. [Passed unanimous- 
ly, in concurrence, by the Senate and House of Representatives, April 17, 
1865.] 



1^" The General Court of 1865, during its annual session, passed two 
hundred and eighty-five Acts and seventy-six Resolves, which received 
the approval of the Governor. 

The Acts may be classified as follows : General Statutes, or Acts of a 
public character, one hundred and thirty-seven ; Special Acts, 
relating to private property, persons and corporate bodies, ONE hundred 
and forty-eight. 

In addition thereto, enacted Bills entitled respectively " An Act in 
relation to Jurors," and " An Act increasing the Penalties for second 
convictions of certain offences," being laid before the Governor, for 
revision and approval, were returned by him to the Senate, — in which 
body they originated, — with his objections thereto. Being put upon their 
final passage in the manner provided by the Constitution, notwithstanding 
the said objections, two-thirds of the Senators present and voting thereon 
having failed to " agree to pass the same," they were declared lost, and 
thereby without force or effect. 



INAUGURAL ADDRESS 



HIS EXCELLENCY JOHN A. ANDREW. 



At twelve o'clock on Friday, the sixth day of January, 
His Excellency the Governor, accompanied by His Honor 
the Lieutenant-Governor, the members of the Executive 
Council, and officers of the civil and military departments 
of the government, attended by a joint committee of the 
two Houses, met the Senate and House of Representatives, 
in Convention, and delivered the following 

ADDRESS. 

Gentlemen of the Senate and 

of the House of Representatives : 

By the blessing of Almighty God, the People of Massa- 
chusetts witness to-day the inauguration of a new political 
year under circumstances in which the victories of the past, 
blended with bright and well-grounded hope for the future, 
assure the early return of National Peace, the firm estab- 
lishment of Liberty, and auspicate the lasting glory of the 
Republic. 

Let us mark the beginning of our official service by con- 
templating our field of obligation, our sphere of duty, and 
the means and opportunities of the Commonwealth. 

To estimate correctly its financial condition, a careful 
survey of the Annual Reports of the Treasurer and of the 
Auditor will be needed. But for the purposes of this 
occasion I ask your observation of a summary of their 
results. id|| 



700 GOVERNOR'S ADDRESS. 



The Liabilities and Resources of the Commonwealth are 
these : 

Liabiliiies.* 
Scrip loaned Railroad Corporations, . $6,574,435 56 

Scrip issued in '61, '62, '63 and '64, on 

account of war expenses, . . . 6,188,500 GO 
Scrip issued for all other purposes, . . 1,610,000 00 
Unfunded debt, including monthly pay 

due volunteers, 8,521,037 00 

$22,893,972 56 

Resources.* 
Productive property, consisting of sink- 
ing funds, &c., (and exclusive of School 
and other Trust Funds, |2,131,326,) . 114,669,293 97 
Unproductive property, .... 3,187,917 33 

$17,857,211 30 

The ordinary Revenue, and ordinary Disbursemejits of 
the Commonwealth during the year 1864, for other purposes 
than those provided for hj loan, to which allusion will be 
made elsewhere, were as follows : 

Revenue.^ 
From all sources, including the corporation tax, not yet 

distributed, and exclusive of loans, .... $5,840,317 61 

Dishursements.^ 
For other purposes than those jirovided for by loans, . 5,102,257 95 

Leaving cash on hand, . . . . . $738,059 66 
BOUNTY FUND — TEMPORARY LOANS — ISSUE OP NEW BONDS. 

The General Court, by chap. 313 of the Acts of 1864, 
created a " Bounty Fund," and authorized the issue of ten 
million dollars of scrip, at interest not exceeding five per 
cent, per annum, payable in gold, to " 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 Common- 
wealth." By chap. 91, Acts of 1863, a Bounty Fund had 
been authorized, of $1,500,000. Of this, $200,000 in scrip 
was sold during that year, when that fund became merged 
in the ten million fund of 1864. The few weeks next 
following the adjournment of the Legislature of 1864, on 

* For details of Liabilities and Resources, see Appendix, [A.] 
t For details of Revem^ and Disbursements during the year, see 
Appendix, [B.] 



GOVERNOR'S ADDRESS. 701 

the last day of whose session, (May 14,) the ten million Act 
was passed, witnessed extraordinary fluctuations and a sur- 
prising appreciation of gold, until on the first day of July it 
rose to the apparent market value of 185 per cent, premium. 
In fact, the history of the year was a history of unexampled 
fluctuation, disturbing all monetary transactions. After the 
scrip was ready for issue, the prevailing premiums were too 
dear to leave it wise, in our judgment, to involve the State 
without necessity, until legislative reexamination, in the 
purchase of gold for the payment of interest on more bonds. 
And the high premiums were themselves too unsteady to 
render them a safe basis for the calculations of people 
having money to lend. The result was, that in selling new 
bonds we should have incurred the risk of paying a rate of 
interest, which, when reckoned in currency on the probable 
cost of gold, seemed excessive, and disproportionate to the 
price for which the bonds could be sold. While we could 
borrow money at six per cent, interest, payable in currency, 
gold-bearing five per cent, bonds would not bring an excess 
above par sufficient to reduce the apparent cost of the gold 
needed for their interest to below twelve or fourteen per 
cent. Accordingly the Treasurer invited loans at call, 
under the provisions of sect. 7, of chapter 254 of the Acts 
of 1863 ; and the receipts from this source, with loans from 
the banks, under sect. 83, chapter 57 of the General Stat- 
utes, rendered it easy to suspend the sale of gold-bearing 
scrip. 

This loan from the banks at five per cent, should be 
returned at the earliest practicable moment. The theory of 
the law under which it is made is, that it is designed to 
meet a temporary exigency. It is not equital^le to require 
the banks to make a permanent loan of money to the State 
at five per cent., while the State is paying six per cent, to 
others. 

The loans at call have answered two good purposes. 
They absorb the surplus capital of the community on the 
best security, and at the same time relieve demands upon 
the Treasury. The Act authorizing these call-loans limited 
the interest to five per cent. ; but early last summer it was 
found that deposits of the call-loan were becoming small, 
and previous deposits were rapidly withdrawn, money being 
fairly worth in the market more than five per cent, on solid 
securities. The Treasurer, therefore, by the advice of the 
Governor and Council — who deemed it their duty to assume 
the responsibility — advertised for loans at six per cent. The 
alternative was, to pay that rate in currency, or to issue five 

41 



702 GOVERNOR'S ADDRESS. 

per cent, gold-bearing scrip, involving a cost of from twelve 
to fourteen per cent, interest in currency. The aggregate 
amount of interest thus paid by this addition of one per 
cent, interest, is about $15,000. I recommend that the 
Legislature should legalize this payment, and should 
authorize a similar rate hereafter. 

I have the honor also to recommend that authority be 
given to issue bonds for the funding of the residue of our 
floating debt, expressed either in dollars or in pounds ster- 
ling, and payable either in gold or in the lawful tender 
of the United States, at the discretion of the Executive 
Department. Sterling bonds have an advantage in the 
markets of Europe, over those of the other denominations, 
and therefore invite European purchasers. Bonds bearing 
interest payaljle in currency, will possess the merit, in 
appealing to domestic lenders, of offering a remuneration in 
money of the same kind in which their loans are made. 
And while gold, in its present demdnetized condition, con- 
tinues subject to all the fluctuations of an article of both 
commercial and political speculation, it may l)e better for 
the Commonwealth, not having the control of the currency, 
to conform to the familiar transactions of the home market, 
when it 1)orrows money at home. 

All the scrip hitherto issued hy Massachusetts she is bound 
to pay, and she will pay — both interest and principal — in 
gold, to all holders, with the cheerfulness tvhich becomes her 
spotless honor, and the promptness of an industrious, econom- 
ical and thrifty Commonivealth. 

There is nothing in the present or probable indebtedness 
of the Commonwealth to excite apprehension. In the Inau- 
gural Address of January, 1861, I found the public debt to 
be, $8,103,039. To this has been added during the war, 
114,372,935, much the larger part of which is held by our 
own citizens ; while, to say nothing of any other increase of 
wealth, of which the Report of the Valuation Committee 
will exhibit the evidence, the increased deposits in our sav- 
ings institutions alone, for 1864 over 1860, are more than 
•$3,000,000 in excess of our war debt. So that the very 
depositors of savings, out of this increased aggregate of 
theft? modest earnings saved and deposited, could lend 
money enough to pay the whole war debt of the Common- 
wealth, and have left on deposit as much as they had when 
the war began, and more than three millions of dollars 
besides. 



GOVERNOR'S ADDRESS. 703 



BOUNTIES, 

I shall transmit, for the information of the Legislature, the 
report of the Paymasters appointed under the Act of 1863, 
chap. 254, to disburse the State bounties to Volunteers. By 
this report it will appear that, up to the 30th of November, 
1864, the disbursements by the Paymasters amounted to 
18,235,882.53, and were paid to 28,775 volunteers enlisted in 
the Army, and 745 enlisted in the Navy. Previous to the 
appointment of Paymasters, the State Treasurer had dis- 
bursed the further sum of $18,025 to 57 volunteers, under 
the same statute ; and under the system of recruiting in 
rebel States, adopted by General Ord^r No. 27, bounties 
have been paid to 1,295 men, amounting to the additional 
sum of $417,700. There is an unpaid balance, upon the 
rolls in the hands of the Paymasters, of $217,824.60. Of 
these unpaid bounties, some have been forfeited by desertion, 
or by rejection after muster for disability existing prior to 
enlistment, some probably belong to prisoners, and others to 
men who intended to leave their money in the State Treasury 
on interest, and were not aware of the necessity of making 
allotments in proper form. 

Beside the above, there are 3,560 volunteers for one year, 
who have elected to take $20 per month, and are not entitled 
to any advance bounty. 

The number of volunteers who have been paid directly, 
at the office of the Treasurer of the Commonwealth, the 
monthly bounty of $20, is 13,043 ; and the bounties so paid 
amount to $996,360.03. 

There remain in the State Treasury to the credit of Mas- 
sachusetts soldiers $436,130.37, of which sum about $30,000 
is United States' pay allotted. 

I cannot forbear, in the light of experience, to rejx^at the 
opinion that considerable bounties paid in advance, are not 
needful, nor even desirable for the procurement of real sol- 
diers and honest service. We want not merely recruits, but 
men for the war ; not mercenaries, but patriotic soldiers ; 
men to whom the service means duty, and honor to them- 
selves, happiness and welfare for their children hereafter to 
the latest generation. I am deeply impressed with the con- 
viction declared in a former address, that in addition to a 
moderate bounty to enable the soldier to leave something 
behind to stock the household supplies, and to secure his 
family from petty wants and cares at such a time, the best 
interest of the Government and of Society dictates the 
policy of equitable compensation, not the payment of more 



704 GOVERNOR'S ADDRESS. 

considerable bounties. The bounty of the Government 
ought to be reserved for liberal pensions, promptly paid, to 
the disabled soldier, to the widows and children of the dead 
who fell in the service of their country ; for relief to families 
during the progress of the war, for whose exigencies the 
regular compensation of the soldier is inadequate. The 
picture drawn by Mr. Hamilton, (Federalist, No. 22,) of the 
experience of the country in the War of Independence, 
occasioned by competition between communities, aggravated 
by bounties, has been again realized throughout the land. 
Pew men of this generation remembered the wisdom learned 
by our fathers. Tlje words of their testimonies had been 
unheeded or forgotten. But before our present trials are 
over, the inexorable logic of reason, and of history, will 
have taught the people a lesson in this regard which they 
cannot fail to comprehend and remember. I do not know 
that this repetition of an old error, under the circumstances 
of the country, could well have been avoided ; it was one of 
the natural evil consequences of the absence of military 
education, and of the absence of preparation for the duties 
of public defence by the strong arms of the people. 

The way to prevent the recurrence of these and many 
other evils is to organize and maintain in high efficiency the 
Militia of the States. The decay of the militia, and the 
neglect into which military education in the Free States had 
fallen, tempted the leading spirits of the rebellion to their 
tremendous experiment of crime. And it is due to the 
scattering fragments of State Militia which remained in the 
North, that the rebellion did not usurp the powers of the 
Union and destroy it, before the Federal Government had 
opportunity to collect its means and set them in motion. 

STATE BANKS — INSTITUTIONS FOR SAVINGS. 

The number of Savings Institutions in operation in the 
Commonwealth is 98. Two more, incorporated by the 
Legislature of 1864, have been organized. Their progress 
and business derive especial interest from their being deposi- 
taries of the earnings of labor. They illustrate the distri- 
bution of wealth in our community, since no sum larger 
than $1,000 is allowed by statute to be held for any one 
depositor, other than a religious or charitable corporation. 

The wbole number of depositors in 97 Savings Banks 
(the Mercantile Savings Institution of Boston not 
being included in the " Abstracts,") is ... 291,616 



GOVERNOR'S ADDRESS. 705 

The number of depositors in the year 1863 (95 banks,) 
was ... 272,219 



Showing an increase in 1861 of ... . 19,397 

The amount of deposits (in 97 Savinjis Banks,) is . . ^62,557,604 30 
Against an amount in the year 1863 (in 95 banks,) of . 56,883,828 55 



Exhibiting an increase in 1864 of . . . . ^5,673,775 75 

a greater increase than in any one year before', except 
the year 1863, when it was $6,480,154, and exhibiting 
an increase of deposits during the last four years of 
$17,503,369.30. 

The Savings deposit alone is larger than the banking capi- 
tal and Savings deposit at the time the Bank Commission 
was established in 1851, when the capital of 130 banks was 
$38,265,000, and the deposit in 45 Savings Institutions was 
$15,554,088, their aggregate then being $53,819,088. 

The number of Banks in Massachusetts, organized under 
its laws, was, on January 1, 1864, 181, having a capital of 
$66,841,200. An increase of capital was granted to one 
bank, of $150,000, making in all $66,991,200. Of these, 
52, with a capital of $25,801,700, have become National 
Banking Associations during the year, leaving 129, with a 
capital of $41,189,500, as State Banks on January 1, 1865. 
Of these, 47, having a capital of $14,915,000, have signified 
their intention to become National, leaving 82 which, as yet, 
have taken no steps towards changing, with an aggregate 
capital of $26,274,500. Of the 52 actually changed, 4 were 
established under our General Banking Act, their capital 
amounting to $2,500,000, the other 48 being chartered 
banks, with a capital of $23,301,700 ; their total capital 
being $25,801,700. Of the 47 proposing to become 
National, one is a bank established under the General Act, 
having a capital of $200,000, leaving among the 82 that 
remain, one only (the Revere,) with a capital of $1,000,000, 
still acting under our General Banking Act. The number 
of new National Banks in the State, so far as the Commis- 
sioners have information, is twenty-five, with a capital of. 
about $4,000,000. 

In my annual address of 1863, (next following that Report 
of the Secretary of the Treasury in which he recommended 
the creation of a National System of banking,) I did not 
hesitate to place the Execvitive Department of Massachusetts 
in prompt support of the main design of the Federal Gov- 
ernment to nationalize the paper currency used by the 
people, and to secure to the nation itself, in its time of need, 



706 GOVERNOR'S ADDRESS. 

the powerful material support of the vast aggregate of 
capital represented by monetary institutions. Notwithstand- 
ing the existence of a system of banking in Massachusetts, 
which justly commanded the public confidence, and notwith- 
standing the splendid revenue derived from it to our Treas- 
ury, (which I originally suggested Massachusetts would 
have to abandon,) the Legislature, in that spirit of devoted 
and larger-minded patriotism which has always characterized 
its National policy, provided at once express legislation to 
enable any of our existing banks to re-organize as banking 
associations under the Act of Congress. The statistics I 
have just read, exhibit the contribution we have made 
toward inaugurating the Federal system. I find by the 
report of the Comptroller of the Currency, (under date of 
November 25, 1864,) that the aggregate capital stock paid 
in, of all the National Banking Associations then organized, 
was $108,964,597.28, and that of this sum those of Massa- 
chusetts had 125,909,040.00, so that the paid-in capital of 
the National Banking Associations organized in Massachu- 
setts, is nearly one-quarter part of the aggregate. 

The constitutional right of the several States to create 
banks of issue, was long since authoritatively affirmed by the 
Supreme Court of the Union.* I do not understand that 
the constitutional right is now questioned. But should 
Congress deem it wise to impose taxes largely discriminating 
against the State banks, and in favor of the National asso- 
ciations, the right to create such banks may cease to be 
exercised. But Congress has not yet deemed such emphatic 
discrimination expedient. Meanwhile, I am bound to sug- 
gest to the General Court the inquiry, whether it becomes 
the Commonwealth, by its own legislation, practically to 
discriminate against its own banks, and precipitate them all 
into National associations. The National system is confess- 
edly incomplete. I It is new and on trial. If there is any 

* Briscoe vs. The Bank of Kentucky. — 11 Peters, 257. 
Darrington vs. The Bank of Alabama. — 13 Howard, 12. 

t " Some important amendments are required to the Act, in order that it 
'should be fully accommodated to the wants and business of the country. 

" The provisions in regard to the lawful money reserve and the distri- 
bution of the assets of insolvent banks require modification. 

" I am still of the opinion that the rates of interest to be charged by the 
national banks should be fixed by Congress, and not by the States. 

" There are too many points at which the banks may redeem their notes. 
All, with the exception of those in Philadelphia and Boston, should redeem 
in New York. The banks ought to be compelled by law to retain a part, if 
not all the coin received by them, for interest on their gold-bearing bonds, 
in order that they may be prepared to lend their influence in ftivor of a 
return ]to specie payments ; and some provisions should be introduced by 



GOVERNOR'S ADDRESS. 707 

burden in the experiment, Massachusetts has taken her share 
in ,it. She began at the beginning with alacrity, and she 
bears it with clicerfuhiess. Having made more than her 
full contribution toward initiating this National measure, 
might it not be wiser so to adapt our own legislation, that 
the remaining State institutions will be left subject to the 
operation of the laws of Congress, and of political economy, 
by which they will be affected equally with the banks and 
capitalists of the other Commonwealths ? To this end, I 
recommend a repeal of the special tax on banking capital, 
and that the rate of interest payable on temporary loans 
required of them to the Commonwealth, be raised to six per 
cent, at the discretion of the Executive Department. Our 
banks will then remain under their charters, or re-organize 
under the Act of Congress, according as their own intelligent 
judgment of tlie interests of their stockholders, in view of 
present and future legislation, shall lead them to determine. 
The Comptroller of the Currency thinks the time has passed 
of any uncertainty in regard to the success of the National 
Banking System or the popular verdict upon it. He thinks 
the time has arrived when all the State institutions should 
be compelled by taxation to retire their circulation. If Con- 
gress sliall thus determine, those of our banks desiring to 
issue paper money, alike with those of other States, will be 
under the necessity of changing their organization. Until 
Congress shall thus determine, ought they not to remain as 
free as are the banks of other States ? 

HARBORS AND FLATS. 

To the Commissioners on Harbors and Flats, a temporary 
body created by a Resolve of the General Court in 1862, 
was assigned the duty of making a report on the Flats in 
Boston Harbor, which duty Avas ably performed. From that 
report, and from those of the United States Commissioners 

which, when specie payments are resumed, excessive importation of goods 
may be checked, and dangerous exportations of coin may be prevented. 

"It is of the greatest importance that the national currency system 
should be independent of politics and freed from political influences. To 
effect this, and to facilitate the business of the banks with the Comptroller, 
I am clearly of the opinion that the bureau should be made an independent 
department, and removed from Washington to Philadelphia or New York. 

" I do not, however, recommend that any amendments be made by the 
present Congress. The Act will do well enough as it is for another year. 
When the next Congress assembles, the defects in it will be better under- 
stood, by the practical working of the system, than they can be at the 
present time. The Act can then be taken up and, with the light which the 
experience of another year has thrown upon it, judiciously amended." — 
Report of Comptroller of Currency, Kovember 25, 1864. 



708 GOVERNOR'S ADDRESS. 

on Boston Harbor, made to the city of Boston and to the 
State Commissioners, the following conclusions may be 
drawn : 

1. That by building a sea-wall from Forepoint Channel 
to Castle Island, so as to inclose the South Boston Flats, in a 
line laid down by the United States' Commissioners, and 
filling up the flats inclosed, a great addition will be made to 
the property of the Commonwealth, which is much the 
largest owner of the flats, as well as to that of the owners of 
the flats adjoining the shore. 

2. That this great work will not in the least degree injure 
the harbor, provided suitable compensation be made for the 
diminution of its tidal reservoirs, by deepening flats in other 
places, and by other measures for a similar object. 

3. The work proposed, with compensation as above indi- 
cated, is likely, indeed, to improve the harbor so much, by 
narrowing the spread of the water and deepening the main 
channel, that it ought to be undertaken for that single 
object, even if it brought no pecuniary benefit to the State. 

The time seems to have arrived when the State may safely 
decide to make the proposed improvement, sure, if properly 
done, to advance the commercial prosperity of the capital by 
a new frontage of deep water, with docks to accommodate 
navigation, and to promote the direct pecuniary interests of 
the Commonwealth by giving value to about twenty-Jive 
million feet of flats, which are now worthless. 

In my opinion, the erection of the sea-wall, and the filling 
up of the flats belonging to the Commonwealth, ought to be 
executed by the State, and not by private individuals or 
corporations. It ought to be done by a power whose first 
object should be to protect and improve the harbor, and 
next, but in entire subserviency to the first, to promote the 
pecuniary interests of the Commonwealth. No individual 
or corporation whose object is to make money, ought to be 
entrusted with such an oi)eration. It should be under the 
care of a permanent Board of State Commissioners,* whose 

* "It has always been the wish of the Commission, which it has urged 
in the form of a recommendation upon every State or City Government by 
which it has been employed, that the care of the harbors under considera- 
tion should be assigned to some suitable and responsible persons, whose 
duty it should be to ' resist encroachments, to arrest the abuse of privi- 
leges, to keep the Government advised of the progress of improvements, 
and of the adherence of projectors to the plans which have received official 
approval.' Unless 'there is some controlling, supervisory power, with 
authority to direct constructions in all the tidal harbors of the State,' — and 
unless there be some office of record, where all maps and reports relating 
to these harbors are preserved, from time to time examined, and always 



GOVERNOR'S ADDRESS. " 709 

first duty should be to protect the harbor, and benefit the 
State, with no pecuniary bias to swerve them. 

No estimates have yet been made of-tlie cost of the sea- 
wall, which have any pretensions to accuracy. Sixty dollars 
for each foot of front has been named. Neither has any 
definite plan of compensation for the tidal reservoir to be 
diminished, been yet proposed. Although, therefore, the 
completion of this work is of urgent necessity, I can only 
recommend at the present session, that the Legislature 
authorize obtaining estimates of the damages, and of the 
expense of building a sea-wall and filling the flats. Under 
the same authority, the Commissioners should obtain a 
specific plan of compensation for the tidal reservoir. The 
United States' Commission* have, it is understood, prepared 
with the utmost pains such a plan, which will be ready for 
examination during the present winter. 

In executing the plans, the State Commissioners should 
have authority to purchase or take any flats belonging to 
individuals, necessary to their work. This would probably 
be needful only at the ends where the wall crosses the flats 
of individuals, near the shore. Within the inclosed area 
there may be claims of individuals to damages for injury to 
water rights. These the Commissioners should have the 
power to adjust, either by buying the pi'operty, or giving 
compensation in flats filled up, or leaving the damages to 
adjudication. They should have authority, also, to lay out * 

streets over the inclosed area. 

The General Government is taking measures to protect 
the islands in the outer harbor, by repairing dilapidated sea- 
walls and erecting additional ones. Additional appropria- 
tions have been called for from Congress, at its present 
session. But the Board of Commissioners which I have 
suggested, ought to have power to expend money for the 
protection of these islands, if the General Government shall 
neglect it. 



understood, — very little of the good they might otherwise do will be 
accomplished. It is therefore with sincere satisfaction that we have seen 
the appointment of the State Commission on Harbors and Flats; and it is 
our earnest hope that this Commission will constitute a permanent body." 
— Extract from Report of U. S. Harbor Commissioners, viz., Brig. Gen. 
Totten, Prof. Baclie, and Admiral Davis. (^See City of Boston, Doc. 
No. 33, 1864'.) 

* Consisting (since the death of General Totten,) of Professor Bache, 
Superintendent of the Coast Survey, Eear-Admiral Davis, of the Navy, 
and Brigadier-General Delafield, Chief of the Corps of Engineers, of the 
Army. 

42 



710 ' GOVERNOR'S ADDRESS. 



THE DEFENCES OF OUR COAST. 

During the past year much has been done for the defence 
of our sea-coast, in the directions which experience had 
indicated as practicable ; but no new project for adding to 
its defences has been attempted or devised. The earthworks 
planned and executed hj the Federal Government to protect 
the harbors of Newburyport, Salem, Marblehead, Gloucester, 
Plymouth, and Provincetown, have been completed, armed, 
and garrisoned ; while steady progress has been made under 
the supervision of the United States' engineer officers in 
charge, on the permanent works at Boston and New Bedford. 
Some very heavy ordnance has been placed in position in 
the Boston forts, and although the harbor of our capital is 
by no means so completely protected as we could wish, fet 
its defences are much in advance of their condition a year 
ago. It is understood that in some positions additional 
works are proposed by the United States. The usual ces- 
sion of jurisdiction mil probably be desired in these cases, 
and Acts granting it will no doubt be promptly passed by 
the Legislature. 

There remain $645,653.89 to the credit of the appro- 
priation placed at the disposal of the Governor and Coun- 
cil by the Act of March 30th, 1863. The amount spent 
($354,346.11) has" been applied to the purchase of heavy 
ordnance, at home and abroad, and to minor expenses for 
coast defence, including the cost of connecting Forts Inde- 
pendence and Warren with the city of Boston by electric 
telegraph, the cost of the plans for harbor obstructions 
against naval attack, and the cost of a piece of land adjacent 
to the State arsenal at Cambridge, which was necessary for 
the storage of the increased supply of arms and munitions 
of war. 

Under the Resolve of May 12, 1864, for reimbursing to 
cities and towns their expenses incurred in coast defences, 
claims have been presented by the city of New Bedford for 
$19,442.24 ; by the city of Salem for $4,646.93, of which 
$2,745.83 was spent in the construction of Fort Pickering, 
and $1,901.10 in that of Fort Lee ; and by the town of 
Marblehead for $2,217.65 spent upon Fort Sewall. The 
claim of the city of Salem has been paid ; the others have 
not yet been presented in form to admit of being audited. 

At the end now of an official experience of four years in 
connection with the defences of our coast, I am more than 
ever impressed with the deficiency in our means of obtaining 
a sufficient supply of heavy ordnance, and with the convic- 



GOVERNOR'S ADDRESS. 711 

tion that the most efficient manner in which any State can 
contribute to our defences, is by helping to remove that 
deficiency. And in this connection I beg to refer, without 
repeating them here, to the views I had the honor to express 
to tlie last General Court. 

Immediately after the passage of the Act of March 30, 
the opinions of many officers of the Federal Government, 
experienced in engineering and ordnance, were sought and 
obtained as to the objects to which our money could be best 
applied.* The opinions of all these officers, and of the 
others who were asked for advice, were not expressed 
officially, but with informal frankness, which extra-official 
intercourse justified. Hence it would not be proper to cite 
them here ; and I mention the fact that they were obtained, 
only as evidence of the care with which it was sought to 
make judicious application of the funds of the State. The 
various opinions thus received, when combined and com- 
pared, reduced themselves to the suggestion of three objects 
as desirable for the application of these funds : 1. The con- 
struction of a floating steam ram, whose central station 
should be Boston Harbor. 2. The maturing of plans for har- 
bor obstructions, so that at the moment of danger there 
might not be conflict of council as to the plan to be adopted ; 
and 3. The procuring of approved heavy ordnance for our 
forts, from whatever sources it should be obtainable, in addi- 
tion to those employed by the United States. The first 
object seemed clearly within the especial province of the 
Navy Department, the officers of which Department more- 
over expressed an garnest hope that the State would not 
enter into competition with the General Government by 
undertaking the construction of such a vessel ; so that with 
the highest respect for those by whom this project was sug- 
gested, it was never seriously entertained by us. There was 

* Amons: others who were consulted, were the late eminent Chief of the 
Corps of Engineers, General Totten, who, after a career of nearly sixty- 
years in our military service, has since died at an age ripe according to 
the usual measure of human life, but at which his vigor and enthusiasm ia 
his country's cause were those of the prime of youth ; and also the present 
accomplished chief of that corps, General Delafield, then in charge of the 
defences of the harbor of New York ; also the then Chief of the Ordnance 
Bureau of the War Department, General Kipley, himself a citizen of 
Massachusetts, whose military record holds so honorable a place in our 
national history ; and the Quartermaster-General of the Army, General 
Meigs, not less distinguished for his skill as an engineer than for his great 
administrative talent in liis present charge. Among the naval officers 
consulted were Admiral Dahlgren and Captain Wise, the former eminent 
for his inventions and improvements in ordnance, then Chief of the Naval 
Ordnance Bureau, now commander of the South Atlantic Blockading 
Squadron, and the latter his successor in charge of that Bureau. 



712 GOVERNOR'S ADDRESS. 

no conflict of opinion concerning the second object, as harbor 
obstructions to delay an attacking fleet within range of the 
forts, had always formed an integral part of the plan of 
coast defences, from the days when this system of defences 
for the coast of the United States was first devised, and had 
been only rendered more necessary by the introduction of 
steam and iron-armature in the navies of all maritime 
powers. As to the third object, it was clear that that was 
not only of paramount importance, but an essential part of 
both the others, as neither rams nor harbor obstructions 
would avail, without guns to protect the one and arm the 
other. But how this third object should be effected was not 
so clear,. 

The Ordnance Bureau of the War Department expressed 
its readiness and desire to absorb the whole product of all 
the foundries in the country capable of casting heavy guns ; 
and declared that any effort of the Stato to procure guns 
from these foundries could only increase the cost, by compe- 
tition, without adding to the number produced. In view of 
that fact, three courses were proposed as practical for the 
expenditure of our money : — first, in constructing a new 
gim foundry ; second, in rifling and reinforcing with wrought 
iron or steel rings and jackets, a number of the old 32- 
pounders and 42-pounders which the United States has on 
hand ; and third, in purchasing heavy ordnance in foreign 
, countries and importing it here. 

The erection of a gun foundry by the Stato, while unad- 
visable in other respects, could not be expected to yield any 
result for the space of at least two years. The reinforcing the 
old 32 and 42-pounders, though undoubtedly a valuable expe- 
dient in an emergency, would, at best, have given us imper- 
fect guns, not certainly capable of seriously damaging an 
iron-clad fleet. 

All the memoranda, official and unofficial, in which these 
various discussions and suggestions were contained, were by 
me referred to an informal commission of gentlemen who 
represented, in an eminent degree, the various business and 
professional interests of our community. These gentlemen, 
at my request, made a thorough examination of the subject 
and embodied their advice to me thereupon in a report which 
confirmed the opinions I had myself less deliberately formed 
as to the directions in which we should strive to apply our 
money ; and I at once intrusted to two further informal 
commissions the charge of carrying this advice into effect. 
To the gentlemen constituting them I desire to make public 
acknowledgment of their disinterested and valuable service. 



GOVERNOR'S ADDRESS. 718 

Under the direction of the first, consisting of His Honor 
the Mayor of Boston, and of Captain William T. Glidden and 
Professor E. W. Horsford, a plan for harbor obstructions 
was devised, and working drawings, calculations, specifica- 
tions and bills of materials, in accordance with this plan, 
having been completed by the chief engineer on my staff, 
Brig. Gen. W. R. Lee, are deposited in the State Ordnance 
Bureau. 

The second, consisting of His Honor the Lieutenant-Gov- 
ernor, and John M. Forbes, Esq.,and.Colonel Harrison Ritchie, 
has had superintendence of the procuring of heavy ordnance. 
There have been obtained through the agency of this com- 
mission, at home and abroad, 72 guns of large calibre, 2,390 
projectiles, and 25,000 pounds of cannon powder. A detailed 
statement of the purchases made under its direction, with 
the approval of the Governor and Council, and of all the 
expenses incurred under this appropriation, has been sub- 
mitted by the Commission, and will be laid before your com- 
mittee ; but there are reasons which render it inexpedient to 
give publicity to this report, at the present moment. 

There has been spent abroad, for these purchases, includ- 
ing all incidental expenses, X40,865, costing $263,273.27 ; 
and at home, $69,791.87. By the gain on exchange on 
funds remitted to England which the Commission thought it 
inexpedient to use, the cost of the pound sterling was 
reduced to $6.44, being much less than could have been 
anticipated. The only remaining liabilities on account of 
foreign ordnance will be the freight and shipping charges on 
certain guns paid for and delivered, which are expected to 
arrive very shortly. 

During the present exaggerated rates of exchange, and 
with our past experience of the difficulties of obtaining guns 
abroad, difficulties arising from the deficiency even there of 
material and machinery, as well as the competition of con- 
tinental powers, no further purchases abroad are contem- 
plated, and there therefore remains to the credit of the fund 
under the Act of March 30th, 1863, an unexpended balance 
of $645,653.89. Designs for the carriages for these guns 
have been prepared, with complete specifications, and these 
should be at once procured. Some smaller matters also 
remain to be provided for, including the claims of New Bed- 
ford and Marblehead for money spent on earth-works. 
There should also be at the command of the Executive a 
sum sufficient to enable him, in case of emergency, to carry 
out the plans for obstructing our chief harbors ; but beyond 
this it is not thought that any further sums could be at 



714 GOVERNOR'S ADDRESS. 

present spent with advantage upon the defences of our 
coast. 

It is clear ; it is beyond the pale of dispute, that what is 
needed is a great National Foundry, to be built and con- 
ducted at national expense.* I had the honor as long ago 
as 1861, in company with Colonel Amory, then Master of 
Ordnance of this State, to appear before the appropriate com- 
mittee of Congress, to urge legislation for the construction 
of such a foundry. It has been urged on Congress by the 
present Secretary of War, as a national duty. And I am 
ashamed to believe that the chief obstacles in the way of such 
legislation are local jealousies as to the place to build it. If 
foreign war shall come, — which Heaven avert ! — and foreign 
fleets assail successfully our sea-ports, I envy not the con- 
sciousness of those who shall then be aware that but for their 
petty spirit such national calamity and humiliation might 
have been averted. 

PROVINCETOWN. 

I had the honor to call attention, in the Annual Address 
of 1862, to the great importance of the harbor of Province- 
town, and to the importance of the appropriate defence of 
that port. These views received due consideration by the 
Department of War. General Totten, at that time the dis- 

* Obviously no money, unless for special reason, should be devoted to 
building new fortifications, however much needed, for we have not heavy 
guns enough in the country to arm properly the forts already built. We 
come back to the point that what is most needed for coast defence, is 
additional means for making heavy guns at home, and for that purpose two 
objects must be accomplished : first, the building of new gun foundries, 
and second, the building of additional furnaces in the mining districts, to 
produce more gun-metal. The second object will accomplish itself, as 
soon as the first shall be achieved. Once erect the foundries and set them 
at work, and the building of new furnaces will keep pace as a matter of 
course with the increased demand for metal. But experience has proved 
that it is vain to look for the construction by private capitalists of such 
additional foundries as are needed. Such enterprises are of too great mag- 
' nitude for private endeavor, without some guarantee by the Government 

to those who should embark in them, of long-continued orders for Govern- 
ment work sufficient to justify the investment and risk of so much capital, 
because the Government would be the sole domestic customer. In the 
present transition period of ordnance, when diametrically opposite theories 
of the proper construction of forts and guns and ships of war, are main- 
tained with equal persistency by officers of equal distinction and experience, 
it is impossible for private capitalists to look for such guarantees ; and 
hence, after four years of such strife as the world has rarely seen, during 
every year of which there have been occasions when foreign wars seemed 
imminent, there has not been built in the whole country one single addi- 
tional foundry of any consequence, capable of casting heavy guns. The 
most that has been done, has been to enlarge somewhat foundries already 
built and engaged in that business. 



GOVERNOR'S ADDRESS. 715 

tinguished head of the Engineer Bureau, under date of 
March 8, 18G2, replied to the inquiries of the Military Com- 
mittee of the House of Representatives of the United States, 
that " rrovincetown should always be regarded as of the 
first importance and merit ; while, as regards its fortifica- 
tions, there is now no point of our coast where defences are 
not yet undertaken, that ought, in this respect, to precede 
it ; " adding, also, that " the time for commencing perman- 
ent defences has fully arrived for this harbor, as an element 
of our sea-coast defences." The harbor of Provincetown is 
one where whole navies may ride at safe anchorage ; one 
certain to be sought after as a haven by hostile fleets, whence 
they would menace our towns, and harass our commerce, 
as did the British navy during our last war with England. 

In the address alluded to I mentioned the great import- 
ance of the construction of a railroad to connect this remote 
and important port speedily and certainly with the capital 
anS" central portions of the State ; and I endeavored to show 
how, without such means provided for reinforcing the garri- 
son, any fortifications erected there might prove to be means 
of danger rather than of defence, by the advantages they 
would offer to an enemy, should they fall into his hands, — 
which might easily occur without means of such reinforce- 
ment, since vessels of war may approach the shore at Bill- 
ingsgate Point in twenty-five feet of water, and land a hostile 
force at Eastham or Wellfleet, within a few hours' easy 
march of Provincetown. 

Under the charter which was granted by a former legisla- 
ture, the Cape Cod Central Railroad has been commenced, 
through the towns of Yarmouth, Dennis, Harwich and 
Brewster, to Orleans, a distance of eighteen miles. The 
work upon this road is now in rapid progress, and on all the 
sections along the route a considerable part of it has been 
completed by the contractor. This very important road will 
thus be carried by private enterprise, over nearly one-half 
the distance necessary to connect the harbor and fortifica- 
tions of Provincetown by rail with the military posts at this 
city, and to place them within two or three hours of New 
Bedford and Newport, from which troops and supplies of 
every sort could be expeditiously and safely forwarded. It 
is now affirmed that no more can be done at present by pri- 
vate means, and I would respectfully suggest for considera- 
tion by the General Court, the adoption of measures by the 
Commonwealth, as a part of its system of coast defences, to 
promote the immediate extension of the road to the extremity 
of the Cape. 



716 GOVERNOR'S ADDRESS. 



TROY AND GREENFIELD RAILROAD AND HOOSAC TUNNEL. 

I have the honor to lay before the General Court a copy 
of the Report of the Commissioners iipon the Troy and 
Greenfield Railroad and Hoosac Tunnel, setting forth the 
proceedings of the Commissioners, the methods and agencies 
adopted by them, and the expenditures made in the execu- 
tion of their duties under Chapter 214 of the Acts of 1863, 
which prescribes to the Executive Department and to the 
Commissioners their respective duties and powers in relation 
to this enterprise. It is accompanied by a copy of a Report 
rendered to the Commissioners by their Chief Engineer, con- 
cerning the progress made upon the Tunnel since its con- 
struction was undertaken under the immediate auspices of 
the Commonwealth, by resuming work upon it in October, 
1863, and concerning its present condition. The expendi- 
ture involved l)y their operations, up to the close of the 
account indicated in the Report of the Commissioners on the 
loth of November last, was -$483,943.26. The estimated 
payments for November and December were about $50,000 
per month. And for the year 1865, the estimated expense of 
prosecuting the work upon the Tunnel will be from $25,000 to 
$35,000 per month, depending upon the price of labor and 
materials. A considerable proportion of the expense thus 
far incurred, has been incidental to the business of preparing 
the buildings, machinery and fixtures important for use in 
the vigorous and successful prosecution to its ultimate and 
earliest practicable completion, of the great scheme of pierc- 
ing the Hoosac Mountain by a railway tunnel. The present 
method is one which does not encourage those having the 
work in charge to attempt the exhibition of apparent but 
unreal progress, or the study of exhibitions for effect. And 
I am confident that everything which has been done by the 
Commissioners and their Engineer, has been done in the 
exercise of their deliberate professional judgment, having in 
view the single purpose of making the best and surest 
progress in the long run. 

The construction of the road lying east of the mountain, 
of which the eastern terminus is in Greenfield, is not yet 
resumed. The questions of title springing from what is 
called the " Smith mortgage," for the determination of which 
proceedings were instituted by the Attorney-General of the 
Commonwealth, have not yet received judicial solution. I 
am advised that their adjudication may be properly expected 
during the term of the Supreme Judicial Court now in 
progress. Should their decision be found in favor of the 



GOVERNOR'S ADDRESS. 717 

Commonwealth, it is confidently believed that the possession 
under the mortgages made by the Troy and Greenfield Rail- 
road Company to the Commonwealth of Massachusetts, at 
present clouded by the " Smith mortgage," will then be clear 
and exclusive. Without additional legislation, or a judicial 
determination setting aside -that mortgage as any possible 
incumbrance upon the title of the Commonwealth, I have 
not believed it competent for the Governor and Council to 
approve the renewal by the Commissioners of operations 
upon the last named portion of the Tunnel line. 

In view of the probability that the resumption of this part 
of the work will soon become practicable, I deem it proper 
to invite the General Court to consider a question of possibly 
doubtful interpretation of the 1st Section of the 214th 
Chapter of the Acts of 1863, under which all proceedings 
must now be had. It is in these words : 

" The commissioners appointed under the one hundred and fifty-sixth 
chapter of the acts of eighteen hundred and sixty-two, are hereby author- 
ized, subject to the advice and approval of the governor and council, to 
construct, complete and equip the Troy and Greenfield Railroad and 
Hoosac Tunnel ; and to make such alterations in the line of said road as 
may be deemed necessary, to render it suitable and proper for part of a 
through line from Troy to Boston ; also such alterations in the location 
and dimensions of said tunnel as will render it suitable and proper for 
use, in accordance with the spirit and intent of the two hundred and 
twenty-sixth chapter of the acts of eighteen hundred and fifty-four." 

It has been suggested that the powers and duties of the 
Governor and Council under this Section, require them to 
consider all the various questions which concern the general 
route of the road, from its junction with the Vermont and 
Massachusetts Railroad to its other terminus, with the 
details of its location, in the same manner as if they consti- 
tuted a Board of Directors of a Railway Company, and then 
to direct the Commissioners accordingly, as if they were the 
Engineers of the Company. Such, however, is not my own 
construction. I hold that the authority to construct, com- 
plete and equip, to make alterations in the line of the road, 
and in the location and dimensions of the Tunnel, is directly 
imparted by that Section to the Commissioners ; that " the 
line of said road " intended and alluded to, was the line as 
it was understood to have been already established when this 
Act was passed, and that in the proceedings for the execu- 
tion of the work, the initiative lies with the Commissioners, 
and not with the Governor and Council. No authority to 
construct the road, or to do the other things enumerated, is 
given to the Governor and Council, nor authority to direct 
43 



718 GOA^ERNOR'S ADDRESS. 

the Commissioners to do them. But the authority appears 
to be granted to the Commissioners, hmited however by 
being made in its execution " subject to the advice and 
approval of the Governor and Council." This construction 
is inferred to be that intended by the Legislature, from other 
portions of the text of tlie same chapter, as for example, (in 
Section 4,) " Said Commissioners in altering' the location of 
the line of said road shall .have the same power as railroad 
corporations have in making locations under existing laws." 

I understand the Act to mean that the Commissioners are 
authorized to proceed to the execution of the enterprise of 
constructing the Tunnel and the Road, liable however to 
restraint by the Governor and Council, to whose advice and 
consent they are subject. So also,! understand that the 
Commissioners may alter the line of the road, being liable 
however to restraint by the Governor and Council, if they 
should not approve a proposed alteration. 

Either the Governor and Council, or else the Commis- 
sioners, must be charged with the permanent responsibility 
of taking the initiative in the plan and method of the work. 
To divide this duty between them, or to leave it in the 
alternative, would, I fear, consign the enterprise to all the 
hazards of feebleness, uncertainty and anarchy in the coun- 
cils of its administration. If the interpretation which I 
have indicated, is not that intended by the Legislature, I 
trust that the General Court at its present session will take 
pains to declare the contrary in explicit terms. The people 
of the Commonwealth will then perceive the importance in 
choosing the Governor and Councillors, of making their 
selection with due reference to the specific and peculiar 
duties thus imposed upon those officers. 

INSTITUTIONS OF PUBLIC CHARITY AND CORRECTION. 

I shall forbear allusion in detail, to the Institutions of 
Public Charity or Correction, under the care of the Com- 
monwealth. They have received the usual visits of inspec- 
tion during the year by the Governor and Council. The 
Board of State Charities, organized in the autumn of 1863, 
pursuant to the legislation of that year, is expected to 
present, early in the session, an elaborate historical and 
statistical account and description, which I desire not to 
anticipate. On former occasions sjmilar to the present, I 
have had the honor to advocate measures for a more careful 
and systematic survey o^" this In^xnch of the civil service. 
Both observation and reflection conduced to the opinion, that 



GOVERNOR'S ADDRESS. 719 

the workings of these institutions, the principles which con- 
trol them, their experience and progress, miglit all be far 
better understood, their mistakes, if any, more easily per- 
ceived and remedied, their successes and advantages more 
completely appreciated. What apparently remained was to 
begin to study the whole subject in the light of all our 
experiments, and persistently to continue both the positive 
and comparative examination of tliese institutions, with the 
intent to learn what are the facts and statistics of crime, 
disease, pauperism, imbecility, or other infirmity, whether of 
mind or body ; to learn also the facts which illustrate the 
history of their treatment, and the merits and the limitations 
of the agencies devoted to them — their economies, their 
humanity, their intelligence, and their progress. In that 
way might we hope to give coherence and system to the 
institutions themselves, to render the experience of each 
advantageous to all, and to accumulate in time facts siiffi- 
ciently numerous to form a basis for safe reasoning, not alone 
for the guidance of the Legislature in its annual delibera- 
tions, but aiding also the philosophers of social science and 
public economy in their generalizations, and thus incidentally 
contributing to the common stock of human knowledge. 

I entertain the hope that, by a series of careful, dispas- 
sionate and well-methodized reports, devoted to the arrange- 
ment and presentation of the past and current history and 
statistics to which I have alluded, sought after with a single 
eye to the discovery of truth, and promulgated in its 
interest without prejudice of theories or pre-occupation, the 
Board of Charities will commend itself to the people, and 
will fully justify the design in which it originated. I am 
quite far from believing that a single report, however com- 
plete or elaborate, ought to be conclusive. I am quite aware 
that, misconstrued by partiality or preconception, there is 
nothing more delusive than the figures of arithmetic, 
scarcely anything so likely to mislead, as facts incontroverti- 
bly true. The fault, however, lies not in the figures, nor in 
the facts. The error flows from that hasty and impatient 
temper of the intellect, which so often hurries the mind to a 
verdict before all the witnesses have been heard, and from a 
certain narrowness and bigotry of the understanding, which 
allow its whole field of vision to be usurped by an imperfect 
or partial array of incidents and circumstances. While I 
cannot doubt that the process of time will, after the methods 
I have ventured to recommend, evolve substantial improve- 
ment, both in our theories and in our measures, I do not the 
less freely confess, that the truest and surest reform is that 



720 GOVERNOR'S ADDRESS. 

which, imitating the patience of nature, and of Providence, 
is content to " make haste slowly." 

In this connection it is due to my respect for the merits of 
those officers, to say, that my official relation of four consec- 
utive years with the institutions of which I have spoken, 
convinces me that at the present moment they are adminis- 
tered and governed with a fidelity and intelligence not to be 
surpassed in any department of the public service. Without 
believing that our system and methods are yet perfect, I 
believe that the staif attached to the penal, correctional and 
charitable institutions of Massachusetts, merits your confi- 
dence and encouragement, and that it compares favorably 
with any similar body of officers in the world, 

My attention was early attracted to the presence of certain 
sanitary evils, which appeared incidental to those establish- 
ments where considerable numbers of paupers, including 
many victims of disease, sometimes flagrant and sometimes 
only incipient, are congregated. These evils it has been 
attempted to diminish, by calling in the aid of professional 
experience and skill, as vacancies have occurred in the vari- 
ous Boards of Trustees and Inspectors. At present, there is 
not one of these boards which does not contain a member 
fitted by his studies and pursuits to be an intelligent inspec- 
tor of the medical and surgical department of the prison, 
hospital, or almshouse to which it pertains. And in addition 
thereto, I am indebted to the courtesy and public spirit of 
three gentlemen of the medical profession, especially fitted 
by their training and practice for that work, who have visited, 
at my request, certain of these establishments, with a view 
to their advice touching details by which my own mind had 
been perplexed. 

I desire to make particular allusion to the danger and 
inhumanity attendant on the enforced removal of sick per- 
sons from the towns where they happen to be, to the State 
Almshouses, involving, oftentimes, needless suffering to the 
individual, and, in the case of contagious diseases, criminal 
hazard to the public health. I observe, also, palpable defects 
in the provision made for the care of the sick at the Alms- 
houses, while at the same time numerous sick persons are 
sent to them. Persons who need public assistance, not 
because they belong to any permanently pauper class, but 
only because they are sick, ought, I think, if possible, to be 
cured in the towns where they are. The accident of tempo- 
rary illness happening to industrious and honest poverty, 
sometimes makes a temporary pauper. Unless such persons 
can be conveyed to a proper hospital, as for example, Rains- 



GOVERNOR'S ADDRESS. 721 

ford Island, the City Hospital in Boston, or the like, for 
curative treatment, I submit they should be cured in the 
towns where are their homes. Why should their recovery 
be perilled by needless transportation to a remote State 
Almshouse — perhaps scattering contagion as they go, and 
helping to increase tlie tendency to infection, always suffi- 
ciently great, in such an establishment — there to be treated, 
where the hospital is only an incident to the main design of 
the place, and where their presence tends only to diminish 
the room, while it contaminates the air ? 

The institution of the State Almshovises originated in the 
occasion found to exist, to provide for a class of vagrant 
paupers, for whose disposition previous laws were thought 
defective. The existing Almshouses ought to be enough to 
include all of this class for many years to come. The sound 
policy of the Commonwealth nuist be not to increase State 
pauperism. Instead of breaking up families, it is for their 
own good, and for the public interest in all cases where they 
have a permanent residence, and especially where they are 
disposed to be industrious, that they should enjoy such relief 
for the time being, at or near their homes, as their necessi- 
ties require. Such relief judiciously administered, bridges 
over a momentary distress, while under the influence of the 
other treatment the subject often lapses, (particularly in the 
case of children,) into permanent pauperism. And while 
the Commonwealth is thus called upon unwisely to increase 
her Almshouses, those of the towns are left largely unoccu- 
pied. 

The last census shows that of the 1,231,066 inhabitants 
of the Commonwealth, 425,519 were born in other States or 
countries. This fact indicates a large and ever increasing 
class of persons who will never, under our present laws, 
acquire settlements in any city or town, but be left, in any 
emergency of poverty, to relief by the Commonwealth alone. 
And yet very large numbers of those, wanting only the 
technical or arbitrary conditions of settlement, are really 
permanent residents and citizens of the places where they 
abide, have contributed to their growth, prosperity and 
wealth, by their taxes and their industry, are sometimes 
citizens by nativity, and have inherited settlements even 
within the equity of existing laws. 

I am aware that changes in our settlement laws are 
deemed objectionable. Indeed, our present law of pauper 
settlement, chap. 69 of the General Statutes, enacted in 
1859, is identical with the Act of 1793, chap. 34, varied by 



722 GOVERNOR'S ADDRESS. 

one sliglit amendment in chap. 94 of the Acts of 1821.* 
Those laws have encountered the criticism of the bar, 
received the interpretation of the bench, and are pretty well 
understood by professional experts. Yet, in view of the 
considerations alluded to, I must venture to commend to 
your attention the following, selected from those proposed 
amendments which have been suggested by thoughtful and 
experienced persons : 

1. That any person having a clearly established maternal 
settlement shall be allowed its privileges, without being 
obliged to prove the want of any paternal settlement. Such 
proof is almost an impossibility, unless the father was an 
alien. It is required to prove a negative, and that proof 
must extend back in many cases through two hundred 
years. It would seem that simple justice should require 
the town of maternal settlement to relieve the pauper, till 
that town can find a paternal settlement for him. This 
simple change to what was once the law, would relieve a 
very worthy class of citizens, by no means inconsiderable in 
numbers. It would also prevent the separation of families. 

2. That the minor children of a widow re-marrying, 
should share the settlement thereby acquired by her through 
the step-father, in cases where they inherit none through 
either parent. 

3. That aliens, having fulfilled all the conditions of settle- 
ment except the oath of naturalization, should enjoy the 
same privileges in this regard as the native born. The right 
of settlement appears to have originated in the idea that a 
man, having by his usefulness or his industry conferred a 
certain amount of benefit on a community, shoidd be entitled 
for himself, his wife and his posterity, to certain peculiar 
rights and privileges, in case of any disability. I fail to see 
why any man, who has borne his share of jniblic burdens, 
should be deprived of the rights that accompany them, 

* One curious to explore the earlier legislation, will find it in a book of 
sixty-four pages by the late Judge Leavitt, of which the following is the 
title page : — 

" il Summary of the Laws of Massachusetts, relative to the Settlement, 
" Support, Employment, and Rem,oval of Paupers. By Jonathan Leavitt, 
" Esq., Counsellor at Law. 

*' We find within our breasts the active principles of humanity, social 
" affection and generous sympathy. Out of tliis reflection springs a sweet 
"reward for all the labors of benevolence. — Belisarius. 

" Juris prajcepta sunt liaec : honeste vivere, alterum non laedere, suum 
" cuique tribuere. — Justinian. 

"The poor shall never cease out of the land; therefore I command 
"thee, saying, thou shalt open thine hand wide unto thy brother, to thy 
"poor, and to thy needy in thy land. — Deut. XV, IL" 



GOVERNOR'S ADDRESS. 723 

simply because lie has omitted an act which family reasons 
might not permit, or from which he was deterred by an 
instinctive affection for the land of his birth and his mem- 
ories. And still more do I fail to see why the innocent 
children, born perhaps on our soil, and reared with our own, 
should be made to suffer for the omission of their father. 
The removal of this disability would sweep away at a stroke 
many of our troubles. The permanent alien population 
would secure settlements, which would stimulate to the 
cheerful payment of taxes, by the benefits it holds out to 
them. 

4. That all soldiers who have served for three years 
during this rebellion, and been honorably discharged, or 
who have been killed, wounded or otherwise disabled in the 
service, shall secure thereby a lawful settlement in the towns 
to the quotas of which they have been severally credited. 
Surely no argument is needed here ; for what can be harsher 
than to refuse the poor choice of the place where their fam- 
ilies shall become paupers, to the men who have hazarded or 
yielded up their lives to defend the rights, liberties and 
fortunes of those who have remained at home ? 

5. Intentionally omitting the assessment of taxes, (which 
omission sometimes throws upon the State many a worthy 
person, with his posterity for several generations,) should 
not affect his settlement. It is for the public good that all 
persons should pay their reasonable taxes. The wilful 
omission to assess taxes, lest their payment should fix the 
payor's settlement in a given town, while it simply changes 
the possible burden of his support from the town to the 
State, deprives the public treasury of a contribution, helps 
to degrade and demoralize a citizen, while it in no sense 
lightens the real burden of his support, 

6. I ought to add that it seems to myself personally, only 
just and reasonable that the fact of constant residence by 
any person for a certain number of years in a particular 
place (not becoming during that time a recipient of public 
charity,) ought to gain for such person a settlement, so as to 
entitle liim to pauper relief. So also that a child born of 
parents having their home in any given place, should gain a 
settlement by the fact of his Ijirth. If any reasons exist 
why such rules would bear inequitably on the towns, their 
operation could be modified by requiring of the Common- 
wealth to share the expense incident to such cases. 

No share of the pauper expenditure which any equitable 
policy would cast on the Treasury of the Commonwealth, is 
intended l^y these remarks to be avoided. It is as easy for 



724 GOVERirOR'S ADDRESS. 

the people to pay taxes into one treasury as into another. 
I speak in behalf of interests in the main common to all, 
desiring only that the rights and welfare of the people, which 
ought always to be brought to the test of principles, may not 
be subordinated to merely local or temporary expediency. 

'■ HOSPITALS FOR INVALIDED SOLDIERS. 

In response to an application to the Secretary of War, 
through the Medical Director of the United States Army, 
Department of the East, a commodious United States Army 
General Hospital at Worcester, on the site recommended by 
the State, is now in process of erection, which on its com- 
pletion will be one of the best constructed in the country, 
accommodating one thousand patients. Another United 
States General Hospital is nearly completed at Readville ; 
and ample facilities are thus afforded to our sick and 
wounded. 

An informal recommendation was made to the Surgeon- 
General of the United States Army,* for the transfer of sick 
and wounded Massachusetts soldiers, permanently disabled, 
from those Departments most remote from the State ; but 
no formal application nas been made for individual transfers, 
except in urgent cases, and on due consideration, as such 
action tends to derange the plans of the proper medical 
authorities, who are the best judges of the soldiers' condi- 
tion, and of other circumstances over which the State has 
no control. 

I refer you to the report of the Surgeon-General of this 
State for other information connected with this subject, and 
such other matters as are incidental to his Department. 
The full and thorough reports of our several Military Agents 
are also appended to his report. I have, from time to time, 
made such details of Special Agents to visit and examine 
into the condition of our troops, as circumstances have 
required, and their reports are on file. 

The delays and difficulties experienced by returned sol- 
diers, invalids, widows and children, in obtaining from the 
General Government the moneys due them by law, are so 
great that inquiry should be made whether it is not possible 

* I gladly avail myself of this occasion to express my thanks to the 
Medical Director of the Department of the East, and the Directors of 
other Military Departments, for their prompt and courteous response to 
all applications of inquiry, and to express my confidence in the efficiency 
of the_ Medical Corps of the Army, under the energetic and humane 
administration of the present distinguished head of the Bureau at 
"Washington. 



GOVERNOR'S ADDRESS. 725 

in some way to aid and expedite these claimants. Many of 
them are in great need, and all of them are entitled to 
receive the dues earned at the sacrifice of blood, and health, 
and life itself, " completely and without any denial ; promptly 
and without delay." • 

Associations have been organized, whose object it is to 
assist this class of claimants. But, even with such aid, it is 
found that it requires not less than eight months to obtain 
the settlement of the simplest claim. Wliere there has been 
any omission of evidence, or any error in form, months 
more of delay are experienced ; so that many of these per- 
sons, despairing of obtaining justice, dispose of their claims 
for trifling sums to meet their present necessities. 

Some States have already provided for mitigating these 
evils by their own laws. Apparent injustice to such claim- 
ants operates most unfavorably upon the cause of the gov- 
ernment in filling the ranks of the army, and I earnestly 
commend the subject to your attention. 

SCHOOLS. 

In the midst of war, Massachusetts has allowed no abate- 
ment of her efforts to extend the blessings of education to 
all her youth. In proof of this, the returns for the school- 
year 1863-4, made to the office of the Secretary of the 
Board of Education, furnish, among others, these gratifying 
statistics. ♦ 

The amount raised by the cities and towns, by voluntary 
taxation, for the support of the Public Schools, (including 
only wages of teachers, fuel, care of fires and school-rooms,) 
for the school-year 1863-4, was $1,536,314.31, against 
$1,434,015.20, for the school-year 1862-3, being an increase, 
this last year, of $102,299.11, and over any previous year, 
of $35,813.18. 

The aggregate return of expenditures on Public Schools 
alone, (exclusive of the cost of repairing and erecting 
school-houses and of school-books,) is $1,679,700.24, being 
an increase for the year of $112,750.76, and over any pre- 
vious year of $44,073.95, and being an average sum of $6.95 
for every person between five and fifteen years of age. 

All the towns have raised the sum required by law as a 
condition of receiving a share of the income of the State 
School Fund, ($1.50 per child between five and fifteen,) and 
286 towns of the 333, (or all but 47 of the whole number,) 
have raised tivice.) or more than twice, that amount. 
44 



726 GOVERNOR'S ADDRESS. 

There was paid for tuition alone, in Academies and Pri- 
vate Schools, $394,071.09 — an increase for the year, of 
157,523.14. 

The amount expended for popular education in Massachu- 
setts, exclusive .of Collegiate and Professional Schools, 
exceeds three million dollars annually. 

The satisfaction which these statements naturally inspire 
is somewhat abated, in view of the fact that 87, or more than 
one-fourth of the whole number of towns, have failed to 
keep their public schools the full term required by law. 
This, however, is to be attributed, not so much to inadequate 
appropriations, as to the unhappy sub-division of these towns 
into small school districts, thereby seriously abridging the 
schools. 

I recommend that |3 instead of $1.50 raised by taxation, 
for each scholar, be made the condition on which its distrib- 
utive share of the annual income of the school fund shall be 
received by each town. Three dollars is less than one-half 
the average sum now raised by the towns, and unless the 
sum required by law is increased, the conditions imposed by 
law will fail of being an influential motive for the future. 
Nor should any district share in the income of the fund, 
which omits to keep its school open six months in each year. 

Notwithstanding the draft for the army upon two of the 
Normal Schools,* and the fact that the enhanced cost of 
living has obliged some to leave, and deterred others from 

* The patriotic record of the schools at Westfield and Bridgewater, to 
which male pupils are admitted, deserves commendation. When the war 
broke out, there were forty male pupils in the school at Westfield. All but 
twelve of this number enlisted at once as volunteers. As many as ten 
others of the recent graduates have also joined the army. About seventy 
per cent, of the males in attendance during the last four years have gone 
to the war. Twelve have lost their lives, either on the battle-field or by 
exposures on the march and in the camp. 

The number of young men connected with the Bridgewater School 
between March, 1861, and the beginning of the present term, September, 
1864, is 108, of whom thirty-five, or thirty-two per cent., have entered the 
army as volunteers. Thirty-eight have entered the army, of those who 
were members of the school before the war commenced. 

Five hundred of the alumni and students of Harvard College, (nineteen 
per cent, of the whole number living,) have been engaged in the service of 
the country. This number includes some who are now undergraduates, 
and many who left college to enter the army and have never been grad- 
uated. 

Of the alumni of Amherst College, sixty-nine have been in the service, 
with seventy-seven of her undergraduates — a total of one hundred and 
forty-six, being about nine per cent, of the whole number of those who 
have graduated from the college or are now connected with it. 

Williams College has sent not less than two hundred of her graduates to 
the field, being about nine per cent, of the whole number, not including 
undergradutes. 



GOVERNOR'S ADDRESS. 727 

entering them, still the number in attendance has not fallen 
below the average for several years past, and the classes 
recently entered are unusually large. 

The demand for teachers from the graduates of these 
Schools has greatly increased since the war began, and is 
much greater than can be supplied. This is owing mainly 
to two causes : 1 . The reduction of the number of male 
teachers in the Commonwealth ; and, 2. The constantly 
growing appreciation in the community of the superiority of 
teachers thoroughly trained for their work, over those who 
have not enjoyed the advantages of such training. 

LIBEEALITY IS THE ECONOMY OF STATES. 

Liberality toward all Institutions of Science and Art 
which develop the mind and foster civilization, is our highest 
interest, and must be our welcome duty. A Commonwealth 
which spends freely, if wisely, in unfolding its material 
resources by artificial improvements, by cultivating the intel- 
lectual capacities of its people, by encouraging the ingenious 
to experiment, the aspiring to try their wings, and the 
studious to divine the mysteries of knowledge, must, of 
necessity, be prosperous and great. In such things, to be 
mean is to be poor, to be generous is to become rich. 

That which is only economy when applied to an individual, 
whose enterprise must be bounded by the opportunities of a 
single lifetime and a limited fortune, becomes narrow and 
short-sighted when applied to States having all the combined 
opportunities and powers of millions of people, of all their 
possessions, and of unlimited duration of time. 

THE AGRICULTURAL COLLEGE. 

The progress made toward establishing the College of 
Agriculture will be exhibited in the Annual Report of its 
Trustees, soon to be presented, to which I invoke the atten- 
tion of the General Court. Preliminary measures have been 
adopted for the location of the College in the town of 
Amherst, — including the decision of the Trustees selecting 
that place, and the approval of the Governor and Council, 
followed by the purchase by the Trustees of a considerable 
quantity of eligible and fertile land, destined for the site of 
its buildings and operations. 

Although overruled by the better judgment of the Legis- 
lature as to the views which I had the honor to present at 
length in the Annual Address of 1863, and although I remain 
more fully convinced than ever, after the reflection of two 



728 GOVERNOR'S ADDRESS. 

intervening years, of their substantial soundness, I have felt 
it to be my official duty cordially to co-operate in endeavor- 
ing to give vitality and efficient action to tlie college under 
the auspices determined by the law of its creation. Of all 
the places oifered and possible under the charter, the place 
selected by the Trustees seemed justly to be preferred, having 
in view all the relative advantages of each. 

My own idea of a college likely to be useful in the largest 
way to the people, most vigorous in its growth, promotive of 
the progress of thrifty and intelligent farming, productive of 
scientific and exact knowledge (which is the true basis of 
prosperity,) worthy of Massachusetts, and able to command 
the respect while it challenges the pride of her agricultural 
community — is one perhaps not yet to be realized. But I 
beg to commend the subject of Agricultural Education, and 
the patronage of this institution of the State, to your liber- 
ality. I should deeply regret to see an institution which 
bears the name of Massachusetts, and will be held to be rep- 
resentative of the Commonwealth, especially of the highest 
aspirations of her yeomanry, allowed, for want of generous 
support, to degenerate into a mere industrial school. There 
are a hundred farmers who can teach technical farming, the 
manipulations of the industry and economy of the field, 
orchard, dairy, or stable, on their own homesteads better than 
they can ever be taught elsewhere. So too, for the distribu- 
tion or repetition of familiar knowledge, for the study of the 
ordinary text-books, the cultivation of science in the way of 
imitation and of elementary teaching, we might even very 
safely rely on the academies and schools already provided. 
There is, however, a vision of an ideal excellence in the way 
of prosecuting the studies needed for the illumination of the 
dark places of our agricultural life, which must some day be 
realized. Nature spreads out before mankind a world of 
almost infinite possibilities. The competitions of the me- 
chanic arts have put in requisition all the aids of known 
science, are constantly stimulating into life new discoveries, 
or crowding the adventurous thinker and inventor to invade 
some new domain of knowledge or ingenuity ; while civilized 
agriculture has, during the greater part of its history, con- 
tented itself with the devastation of its fields, and with 
seeking for virgin soils, to be cropped in their turn to sterilty. 
There is in our Commonwealth a very large and increasing 
body of intelligent farmers, who believe in a future for their 
favorite pursuit worthy of that art which is the fountain of 
all others and is the final source of wealth. But there is 
needed, as well for them as for those less impressed by the 



GOVERNOR'S ADDRESS. 729 

value of science, the inspiring lead of constantly advancing 
ideas. There is needed for all, for the future glory, power 
and happiness of our Commonwealth, the purpose to actual- 
ize, in this most practical and yet poetical and beautiful of 
the domains of useful life, an ideal excellence — the concep- 
tions of the profoundest thought. 

When the Commonwealth touches such a subject, she 
ought to feel herself to be like the priestess, advancing to 
handle the sacred symbols, and on holy ground. She should 
remember her own dignity, the immortality always possible 
to States, the error of which she is the promoter hereafter, 
if she commits herself to error now, the boundless scope of 
her good influence, the millions of men on whom her 
influence may be made to tell through all the amplitudes of 
space and time. When I contemplate such a subject, the 
reason is content to yield to the imagination. I remember 
the photograph, the magnetic telegraph, the discovery of 
vaccination, the painless operations of surgery, — the tri- 
umphs, the miracles of genius. I seem to see, for the Earth 
herself and her cultivators, the coming time, when Hus- 
bandry, attended by all the ministries of science and art, 
shall illumine and rejuvenate her countenance, and re-create 
our life below. 

INSTITUTE OF TECHNOLOGY. 

The Massachusetts Institute of Technology, to which the 
legislation of 1863 assigned one-third of the Agricultural 
College fund, is making satisfactory progress. Its meetings 
as a Society of Art are well attended, and by atfording fre- 
quent opportunities for communications and discussions 
relating to the practical arts and sciences, are helping to 
guide and stimulate their investigation. 

Through its Committee of Instruction the Institute has 
framed a programme for its School of Industrial Science, 
having in view two classes of pupils, those who frequent the 
lectures and School of Design for such useful knowledge as 
they can acquire without methodical study and in hours 
unoccupied by business, and those who aim at a progressive 
and systematic training in one or more branches of applied 
science, the latter head comprising a full course of the study 
and practice required for the professions of the Mechanical, 
Civil and Topograpical Engineer, the Builder and Architect, 
the Industrial Chemist and the Engineer of Mines. 

It is proposed to begin some of these courses during the 
present winter in the rooms of the Institute on Summer 
Street, there to continue until the edifice on the Back Bay, 



730 GOVERNOR'S ADDRESS. 

especially intended for the School of Industrial Science, shall 
be ready for them. This building is so far advanced that it 
may be expected to be occupied early next winter. Looking 
to the importance of early carrying out the entire plan of 
the School of the Institute, and of providing also for a sec- 
ond building to accommodate the Museum of Industrial Arts, 
it is satisfactory to Itnow that the liberality already shown to 
the Institute by its friends continues actively regardful of its 
interests, and that the generous donor to whom it has hereto- 
fore been so pre-eminently indebted for assistance, has 
recently offered a further large contribution on conditions 
which will double the amount, and which are now in process 
of being fulfilled. 

NATURAL HISTORY. 

The Boston Society of Natural History has removed its 
collections to the new building on the land granted by the 
Commonwealth on the Back Bay, v^here its Museum, open 
to the public on stated days, attracts a large and increasing 
number of visitors, including many who frequent it for 
special and systematic study. The important additions to 
the Museum and library, and the zeal of its scientific meet- 
ings, since the opening of the new building in June last, 
give assurance of the benefits which its enlarged means of 
usefulness will enable it to confer on the science and 
education of the Commonwealth. 

This Commonwealth was among the first to show its 
appreciation of the practical bearings of scientific inquiry, by 
providing for geological, botanical and zoological surveys. 
The Rejiiprts which were the fruits of these surveys have not 
only been widely recognized as important contributions to 
knowledge, but have furnished an example and an incentive 
to similar explorations in other parts of the United States. 

The report of Mr. Emerson on the Trees of Massachusetts 
has heen once reprinted, and that of Dr. Harris on the In- 
sects Injurious to Vegetation has been brought out in a third 
edition, enriched with additions and illustrations. Belong- 
ing to the same series is the Report on tlie Invertebrate 
Animals of Massachusetts, prepared by Dr. A. A. Gould, 
and published by the Commonwealth in 1841. Tliis volume, 
notwithstanding the unavoidable incompleteness of a first 
report, has been so much demanded abroad, as well as at 
home, that it has liecn for many years out of print. Its 
author, during the long interval since its publication, has 
been constantly perfecting it by his observations and collec- 
tions, and has completed the work of its revision. If the 



GOVERNOR'S ADDRESS. 731 

Commonwealth will reprint the Report in its improved form, 
requiring a sum not exceeding ^1^4,000, he will freely contri- 
bute the labor of superintending the publication, as well as 
that already devoted to its preparation. Considering its 
value as a further contribution to our knowledge of the 
natural history and resources of Massachusetts, and as a 
useful fund for exchanges with other States and countries 
which contribute to the State Library ; and bearing in mind 
that these results of more than twenty years of investigation, 
which are so liberally offered to the Commonwealth, are the 
work of an eminent naturalist specially devoting himself to 
this object, and which, if lost, could not be replaced, I have 
no hesitation in recommending that this moderate provision 
be made. ^ 

MUSEUM OP ZOOLOGY. 

The collections in every department of natural history are 
increasing so fast at the Museum of Comparative Zoology in 
Cambridge, that an extension of the building has become a 
necessity. Notwithstanding all obstacles, however, the large 
amount of duplicates lately made available for exchanges 
has begun to be distributed throughout the civilized world, 
and the returns received for these invoices are daily adding 
to the value of its collections. This extensive system of 
exchanges tends to give a national importance to the Mu- 
seum, inasmuch as it represents the range of its transactions 
and the spirit in which its investigations are conducted. 

The Museum is not intended merely as a great show of 
specimens in natural history ; it is, and has been from the 
beginning, an educational institution. Beside the regular 
courses of lectures in zoology and geology, connected with 
the Lawrence Scientific School and delivered in the Museum, 
additional courses on special branches of zoology are now 
given by the assistants and by the Curator, who has of late 
added to his usual courses one upon the natural history of 
the domesticated animals, especially addressed to the farmers 
of the neighborhood. His chief object in this course has 
been to establish a relation, long considered most desirable, 
between the practical agriculturist and tlie man of science. 
Occupied with the same objects, though from very different 
points of view, they should work hand in hand, and while 
the theoretical knowledge of the naturalist may help the 
farmer to better and surer results, the latter, by conducting 
the daily experiments of the farm upon philosophical prin- 
ciples, may aid in solving some of the most important 
problems engaging the attention of the scientific world. 



732 GOVERNOR'S ADDRESS. 

Another University course,* also by the Curator, which has 
now been continued at the Museum during three terms, is 
especially addressed to the more advanced students of the 
institution, with the purpose of showing, not so much what 
has been done, as what remains to do in zoology. The 
fundamental principles of the science are here discussed, 
and the subjects requiring further investigation indicated. 

The appointment by several of the most prominent kindred 
institutions, of pupils from this school, as curators or profes- 
sors, is strong proof of its progress and reputation. 

STATE CENSUS AND INDUSTRIAL STATISTICS. 

It is required by chapter 20 of the General Statutes, that 
" a census of the inhabitants, ratable polls and voters " of 
the Commonwealth, " as they were on the first day of May 
of the same year, shall be taken and returned to the office of 
the Secretary of the Commonwealth on or before the last day 
of June " decennially. An enumeration was made in the 
year 1855, and the returns embraced not only the particular 
schedules required by the statute, but also the name of each 
inhabitant, thus giving a more complete census than had 
ever before been taken under authority of the State. 

By the laws of 1855, chapter 467, statistical information 
was also obtained of the several branches of industry in the 
Commonwealth, as they existed on the first day of June of 
that year in each city and town. It is very desirable that 
similar returns should be made in connection with the 
census of this year, so that some just estimate may be 
formed of the increase in our material resources, and the 
ability of our people to meet the demands of the increased 
expenditures and taxation incident to the war. 

I commend this subject to the early attention of the Legis- 
lature, in order that the necessary preparation may be made 
for distributing the proper blanks, and issuing instructions 
to the officers charged with collecting the statistics. It 
would be desirable that the schedules for these statistics 
should embrace the points of inquiry made by the Federal 

* Whenever practicable, this course has been connected with some 
problem of scientific inquiry now under consideration ; unfinished investi- 
gations being purposely selected, in order that from lecture to lecture, the 
progress made during the intervening period, and the means employed by 
those engaged in this work, might be distinctly shown, with a view of 
combining the special instruction in natural history with an analysis of the 
mental process and a practical lesson in methods of study ; thus opening 
the way for the rising generation in this department of science, by pointing 
out its desiderata, while, at the same time, its immediate application to the 
practical purposes of life is constantly kept in view. 



GOVERNOR'S ADDRESS. 733 

Government, in order that comparisons may be instituted 
with the similar statistics of the Federal census of 1860. 
They can also include the inquiries framed by our own 
survey of 1855, and thus render possible a like comparison. 

I desire to call attention to the excess of women in Massa- 
chusetts, and to the surplus of men in Oregon, California 
and other remote Western communities. The facility with 
which young men migrate, the attractions and opportunities 
for them of new States ; the obvious embarrassments to the 
migration of young women, the attractions of home, wherever 
it is, to the heart of woman, and her natural dependence, 
combine to create this inequality in the distribution of the 
sexes. In Oregon, having 52,160 inhabitants, according to 
the census of 1860, there were 19,961 males over fifteen years 
old, and only 9,878 females above that age. Its population is 
now estimated at over 100,000 — this disproportion yet 
remaining. In Massachusetts there were 257,833 males 
between the ages of fifteen and forty, and 287,009 females, 
or a surplus of 29,166. The excess of women of all ages 
above fifteen years, was 38,846. The absorption of men by 
the military and naval service during the intervening four 
years has aggravated this disproportion. And it is a disas- 
trous one : it disorders the market for labor ; it reduces 
women and men to an unnatural competition for employ- 
ments fitted for men alone, tends to increase the number 
both of men unable to maintain families, and of women who 
must maintain themselves unaided. In civilized, refined 
society, it is the office and duty of man to protect woman, to 
furnish her a sphere, a support, a home. In return, she 
comforts, refines and adorns domestic life, the family, and 
the range of social influences. This is also the plainly pro- 
vidential order. Where women are driven to the competi- 
tions of the market with men, or where men are left 
unsolaced and unrefined by the presence of women, society 
is alike weakened and demoralized. 

I know of no more useful object to which the Common- 
wealth can lend its aid than that of a movement adapted in 
a practical way to open the door of emigration to young 
women who are wanted for teachers, and for every other 
appropriate as well as domestic employment in the remote 
West, but who are leading anxious and aimless lives in New 
England. 

soldiers' vote. 

A proposition to amend the Constitution of Massachusetts, 
empowering the Legislature to provide a way to collect the 

46 



734 GOVERNOR'S ADDRESS. 

votes of those citizens absent from home in the service of the 
country in time of war, passed the General Court at its last 
session. I recommend its early adoption by this General 
Court, and that a day be fixed for its ratification by the 
people, sufficiently early to enable our soldiers to vote at the 
next autumnal election. 

THE CORPORATION TAX ACT. 

The Act called the Corporation Tax Act, (Acts of 1864, 
chap. 208,) has been in operation during the past year, and 
enough is already known to warrant the belief of its sound- 
ness in principle and in its general features. It would be 
desirable that a similar law should be adopted by the several 
States, with a correlative provision, similar to that of Con- 
necticut, namely, that " it shall not be necessary to include 
in the list of any person taxable in any city or town any 
property situated out of the Commonwealth, when it can be 
made satisfactorily to appear to the assessor or assessors that 
the same is fully assessed and taxed in the State where such 
property is situated, to the same extent as is other like prop- 
erty, owned by citizens of such State." This would tend to 
secure the taxation of all corporate property somewhere, to 
prevent the stock of non-residents being taxed twice, when it 
should only be taxed like other property, and by that Gov- 
ernment within whose jurisdiction it exists and by which it 
is protected. The particulars of the operation of the Cor- 
poration Tax Act will be given in the report of the Commis- 
sioners charged with its execution. 

I had hoped to declare the aggregate valuation of the 
Commonwealth in this Address, as ascertahied by the Com- 
mittee of Valuation. But, although it has pursued diligently 
its labors, the unavoidable delay incident to executing this 
Act for the first time, has prevented the materials therefor 
from coming into the hands of the Committee in season to 
complete the work. I recommend that this General Court 
shall, if need be, provide by Resolve for the further continu- 
ance of the powers of the Committee and for the equitable 
compensation of its members. 

In former annual addresses I have recommended the 
Abolition of the Penalty of Death, also an important change 
in The Laiv of Marriage and Divorce, a substantial modifi- 
cation of The Usury Laws, and also the establishment of an 
Institution for The Curative Treatment of Inebriates. With- 
out repeating what I have heretofore had the honor to pro- 
nounce, 1 respectfully ask your recurrence to my printed 



GOVERNOR'S ADDRESS. 735 

addresses to former Legislatures. The views there expressed 
did not fail to receive such support from those to whom they 
were immediately addressed, as to eucourage the belief that 
time and discussion alone are wanting to their ultimate 
adoption. I believe they express the conclusions of the best 
modern thinkers. 

THE MILITIA. 

Immediately after the adjournment of the last Legislature, 
steps were taken for the reorganization of the militia under 
the Act of May 14, 1864. By General Order No. 22, of the 
23d of June, the diflferent commanding officers were directed 
to make returns of the condition of their several commands ; 
and by General Order No. 32, of the 20th of August, issued 
as soon as these returns had been received and examined, 
those of the existing companies and regiments which pre- 
sented evidence of ability to conform to the requirements of 
the new law, were designated and continued in being, under 
the power conferred upon the commander-in-chief by that 
law ; and all other organizations were disbanded. 

There are at this moment twenty-three unattached com- 
panies of infantry, six companies of cavalry, two companies 
of light artillery, and two companies of cadets, fully organ- 
ized. Of these, fifteen companies of infantry, two of cavalry, 
and one of light artillery, have been organized dviring the 
past year, exclusive of those specially raised to fill up the 
regiments of one hundred days men. 

The 3d, 5th, 6th, 8th, 42d, and 60th Regiments of Infan- 
try of the Volunteer Militia, which volunteered for one hun- 
dred days' duty, and were recently mustered out of the 
United States' service, have also been maintained and con- 
tinued, to atford them proper time to recruit and prove their 
ability to maintain themselves in conformity with the require- 
ments of the new law. I am assured that at least four of 
these regiments will be able to do this, and have little doubt 
that by adding to them, in place of companies specially raised 
for their late duty and which may now disband, such of the 
unattached companies as are situated within the districts 
included in these regiments, these various organizations 
which have won so enviable a fame, may be strengthened 
and made thorou'ghly efficient. 

I shall at an early day transmit for the use of the General 
Court, a Report made by Colonel Harrison Ritchie, my 
senior aide-de-camp, on the progress thus far made toward 
the general organization of the militia under the Act of 
1864. To this report, prepared with the utmost care and 



TSe GOVERNOR'S ADDRESS. 

completeness, I shall refer the Legislature for information on 
this important subject, adding only at this moment, that the 
■ preliminary division of the State into company-districts, as 
therein recommended, has been adopted and promulgated in 
General Order No. 49, of December 7, 1864, and orders for 
the first elections of captains of companies in those districts 
issued. 

The labor and detail involved in re-establishing the militia 
on a footing at once constitutional and efficient, were not to 
be estimated in advance, and I trust that the legislation of 
last year will be left undisturbed by change until the organ- 
ization thereby established shall have been perfected. Radi- 
cal and important changes will invalidate what has been 
already done, and would postpone again for a year a final 
organization which is now in progress toward a successful 
completion ; whereas, any alterations required in the present 
law will be more clearly seen when the system established by 
it shall have been put into full operation, 

I will not here repeat the views which I have had the 
honor to submit heretofore on different occasions to the Gen- 
eral Court, upon the great importance of a more general 
introduction of elementary military instruction into our 
system of public education, and of the establishment of an 
academy particularly devoted to the higher branches of this 
and its allied services. They will be found in my address to 
the Legislature of 1862, and the report by Col. Ritchie 
accompanying it on this subject, and more at length in my 
address to the Legislature of last year, with the able report of 
the commissioners concerning the establishment of a military 
academy, appointed under Chapter 73 of the Resolves of 
1863, as also in the reports by an informal commission, and 
by James Freeman Clarke, to be found in Senate Documents, 
Nos. 12 and 61 of 1864. 

I recommend the subject to the consideration of the Legis- 
lature, merely stating that while the success of the experi- 
ment of military training in those public schools in which it 
has been tried, has confirmed my views of its feasibility, the 
experience of the past year has also strengthened my con- 
viction of its importance and of the benefits to be derived 
from it. 

RECRUITING IN THE REBEL STATES. 

By an Act of Congress, passed the 4th day of July, 1864, 
it is enacted that it shall be lawful for the Executive of any 
of the loyal States to send recruiting agents into any of the 
States declared to be in rebellion, except Arkansas, Tennes- 
see, and Louisiana, to recruit volunteers who shall be 



GOVERNOR'S ADDRESS. 7ST 

credited to the State which may procure the enlistment, and 
to the respective sub-divisions thereof. 

Pursuant to this law, the Secretary of War provided by 
General Order No. 227 of the series of 1864, for the inspec- 
tion and muster-in of the recrnits, and for the proper regula- 
tion of enlistments ; establishing at leading convenient points 
camps of rendezvous where recruits maiy be delivered, mus- 
tered and distributed. 

For the purpose of securing the prompt, economical and 
just execution of the law and order aforesaid, in harmony 
with the military authorities of the United States, and of 
avoiding competition between towns to the injury of them 
all, as well as of securing the largest practicable number of 
recruits for the common and equitable benefit of such cities, 
wards and towns as may co-operate with the Government of 
the Commonwealth in obtaining them, an order (No. 27 of 
the series of 1864,) was promulgated from the Common- 
wealth Head-quarters, under which the work has proceeded 
with satisfactory success. It has been conducted under the 
able direction of the Provost-Marshal-General of the Com- 
monwealth, (Colonel Joseph M. Day,) with the advice of a 
Board of Recruitment, selected from among gentlemen of 
experience and of known devotion to the public welfare, 
representing different portions of the State. It has been our 
aim to conduct this recruitment in a spirit of implicit obedi- 
ence to the Act of Congress, and of exact conformity to the 
order of the War Department above alluded to, having in 
view primarily the fundamental purpose of increasing the 
army by the enlistment of able-bodied colored men. The 
bounties provided by the Legislature of Massachusetts are 
required to be paid to the recruits themselves after their 
muster-in to the credit of the Commonwealth. The expenses 
of carrying on the work are paid out of the moneys furnished 
by the municipalities, for whose common benefit the recruits 
obtained are distributed. The economy of the method 
adopted is amply vindicated. The whole expenditure of 
every description, including thai of the Provost-Marshal's 
Bureau at home, and of assistants, of paymasters and all 
other agents, falls considerably below the average sum of 
$125, deposited by the towns for each recruit. The brief 
experience we have had since the Act of July went into 
operation, tends to confirm the views I had the honor to 
express, in advance, in the last Annual Address. And 
although tbe recruitment of persons in the rebel States, 
especially within the lines of military operations, otherwise 
than through the agents and by the methods heretofore used 
in the army, has not met the favor of most Commanding 



738 GOVERNOR'S ADDRESS. 

Generals, yet I am of tlie opinion that their objections origi- 
nated mainly in their apprehensions that the agents of the 
States would, by reckless competition, by infraction of just 
military rules, and by subordinating the common good to 
the selfish purpose of swelling the number of their credited 
recruits, be found at least dangerous, if not injurious. I am 
glad to declare that our own officers have creditably sustained 
themselves, under the difficult circumstances of their posi- 
tions, have avoided collisions with those of the army, and 
have apparently conducted with fidelity alike to the Com- 
monwealth and the Union, and with honesty toward all 
persons. 

NAVAL CREDITS. 

Until the passage of a Resolution of Congress, on Febru- 
ary 24, 1864, relative to the transfer of persons from Military 
Service to the Naval Service, no credits in making requisi- 
tions for Volunteers in the Army, nor in conducting the 
draft, were given for men who had enlisted into the Navy, 
whether as seamen or marines. That resolution directed 
enlistments into the Naval Service to be credited to the 
appropriate districts, under regulations to be prescribed by 
the Secretary of War and the Secretary of the Navy. This 
legislation was the beginning of tardy justice to those com- 
munities whose people had contributed largely to the Navy, 
and thus weakened their ability to respond to the exactions 
for the Army, without securing to themselves any corres- 
ponding immunity from draft. I had endeavored previously 
to do what I could in behalf of the people of Massachusetts, 
to claim that their services rendered upon the ocean not less 
than upon the land, should receive, by amendment of the 
National legislation, the credit alike due to an equitable 
adjustment of public burthens, and to the patriotic fame of 
the Commonwealth. Under the resolution of the 24th of 
February, those men who were afterwards enlisted in the 
Navy, were at last duly credited. But it was not until the 
4th of July that full justice was obtained. 

By an Act of the present Congress of the United States, 
Chap. 287, approved July 4, 1864, it is provided in Section 
8, that "all persons in the naval service of the United States, 
who have entered said service during the present rebellion, 
who have not been credited to the quota of any town, dis- 
trict, ward or State, by reason of their being in said service 
and not enrolled prior to February twenty-fourth, eighteen 
hundred and sixty-four, shall be enrolled and credited to the 
quota of the town, ward, district or State in which they 
respectively reside, upon satisfactory proof of their residence 
made to the Secretary of War." 



GOVERNOR'S ADDRESS. 739 

The Secretary of War appointed the Governor of Massa- 
chusetts and the Hon. John H.- Clifford, a Commission to 
ascertain what credits this State and its several sub-divisions 
were entitled to under this law. The letter of appointment, 
dated July 7, 1864, says : " In determining this question, 
the Secretary thinks it will be fair to presume that the State 
in which the enlistments have been made, is entitled to the 
credit of those enlistments unless it shall appear by more 
direct evidence that the credits belong elsewhere. The 
point of law to be observed in applying the Act quoted, will 
readily be perceived by the Commission." 

The Commission thus constituted entered immediately 
upon the discharge of its duties. Copies were first obtained 
of the records of naval enlistments kept at the Charlestown 
Navy Yard ; and on the 21st of July, a circular was sent to 
the Mayor of each city and the Chairman of the Selectmen 
of each town, giving notice to the municipal authorities to 
return to Major William Rogers, Assistant Adjutant-General, 
on or before the 10th day of August, lists, under oath, 
certifying the names of all persons residing within their 
respective municipalities who had entered the naval service 
of the United States during the rebellion, and who had not 
been credited to the quota of any town, district or ward, by 
reason of their being in said service and not enrolled prior to 
February 24th, 1864 ; and these lists were required to dis- 
tinguish, as far as possible, the men belonging to each sub- 
district. The returns, in reply to this circular, were 
generally made with promptness. As they were received, 
they were copied in alphabetical order ; and all the records 
of persons found to have enlisted in Massachusetts into the 
Naval Service during the war, were embodied in eighteen 
books, containing in all, 22,360 names. The whole w^ork 
was required to be completed and a report thereon made to 
the Acting Provost-Marshal-General of the United States for 
Massachusetts, on the 5th day of September. The number 
of clerks was therefore increased so as to employ about 
twenty-five men during the day and an equal number during 
the night. 

The rules adopted by the Commissioners for crediting, 
were : 1. To credit only those who had joined the service 
subsequently to the rebellion. 2. To credit only those who 
had joined the service at some rendezvous in the State. 
3. To credit to the State at large, men whose residence could 
not be clearly settled. 

The Commission was governed by the rules which obtain 
in giving credits for enlistments in the army ; the enlistment 



740 



GOVERNOR'S ADDRESS. 



of one man for three years was counted as an unit, and all 
credits, whether for one, two, three or four years, made to 
conform thereto. This was pursuant to the 3d section of 
the Act of July 1, 1864, (Chap. 201,) which requires " that 
all enlistments into the naval service or marine corps during 
the present war, shall be credited to the appropriate town- 
ship, precinct or district, in the same manner as enlistments 
for the army." 

On September 5, a Report was furnished, complete in 
everything but the distribution of the surplus remaining to 
the credit of the State at large, which was divided pro rata 
among the different cities and towns. The final Report was 
rendered on September 10. I present a tabular recapitula- 
tion of these Reports.* 

Duplicate copies were then prepared of the distribution of 
credits to the cities and towns. These were completed on 
September 30, which ended the duties of the Naval Com- 
mission. 

MATERIAL SUPPORT OF THE UNION BY MASSACHUSETTS. 

The number of men which, according to the computation 
of the War Department, the Government of the United States 
has called upon Massachusetts to furnish to the military 
service, during the rebellion, is 117,624. The requisitions 
thus assumed to have been made, although, as stated in my 
Annual Address of last year, those of 1861 were pro formd 
only, and were never made in fact, and although I was, 
during that period, urging upon the acceptance of the Gen- 
eral Government troops beyond the number it was then 
willing to receive, are reckoned as follows : 

Call ofl861, pro /brma, 34,868 

Call of Julv 2, 1862, 19,080 

Call of August, 1862, 19,080 militia for 9 months, reduced to 3 

years' standard, 4,770 

Call of February 1, 1864, for 500,000, 26,597 

Call of March 14, 1864, for 200,000, 10,639 

Call of July 18, 1864, for 500,000, 21,670 

117,624 





* NAVAL CREDITS.— NUMBER OF 

MEN— 


One year. 


Two years. 


Three years. 


Reduced to 
three years. 


Assigned to Cities and Towns, 
To State at large, 


3,119 
4,113 


1,858 

881 


6,742 
5,647 


9,020J 
7,605J 


Totals 


7,232 


2,739 


12,389 


16,6251 


Total number of men, . 




• 


• 


22,360 





GOVERNOR'S ADDRESS. 741 

The number actually furnished by Massachusetts, to the 
army and navy, up to the 22d day of December, 1864, 
(reckoning the nine months men at only one-fourth of their 
actual number, and thus reducing 16,685 of this denomina- 
tion to the value of 4,171 three years volunteers, and reduc- 
ing the number enlisted into the navy, to the same term of 
three years,) was 125,437 ; making a surplus over all calls, 
of seven thousand eight hundred and thirteen, (7,813.) 

The number of men credited to Massachusetts up to Octo- 
ber 17, 1863, reckoned as individuals, was 75,608, but 
reduced to the standard of three years' enlistments, was 
58,895. I recited the details of these to the last General 
Court, and an abstract of them is included in an Appendix 
(C) to this Address. In the same Appendix is contained a 
detailed statement of the number of men, (66,542,) since 
then credited to Massachusetts. 

It will be seen from tliat statement that this Common- 
wealth has contributed to the Army alone, during the last 
year, nine new regiments, one battalion, three batteries and 
eight companies, amounting to 10,900 men ; beside recrnits, 
re-enlisted men, veteran-reserves, men enlisted in the regu- 
lar army, conscripts and substitutes, amounting to 34,546 
more ; or 45,446 in all. 

In addition, Massachusetts has furnished during the year 
1864, 1,209 men for ninety days', and 5,461 men for one 
hundred days' military service, who are not credited to the 
quota of the State hy the General Government. Tabular 
statements of these are presented in the Appendix, marked 
E and F. 

The foregoing statement of 125,437 credited to Massachu- 
setts, is far from giving our whole number of soldiers. Be- 
side the omission of those who volunteered for three months, 
and for ninety or one hundred days, there has been a reduc- 
tion made of nine months' men to three years' men, and a 
reduction of seamen who enlisted for one or two years, to 
the equivalent of three years' service. The actual number 
of men furnished by the Commonwealth, as shown by the 
statement in the Appendix, marked G, is 153,486. 

The proportional contribution of Massachusetts to the war, 
will appear in a still stronger light, when compared with the 
number enrolled in the nJilitia of the State for the year 1864, 
which is as follows : 

Number between ages of 18 and 45, enrolled by Assessors, . 151,929 
Number between ages of 18 and 45, returned by Assessors as 

liable to do duty, 133,767 

Number between ages of 18 and 24, returned by Assessors, . 23,873 

46 



742 GOVERNOR'S ADDRESS. 

By this statement — without allowing for the number of 
re-enlistments, which it is impossible exactly to reckon, — it 
it appears that Massachusetts has sent more men into the 
service than are now to be found in the State between the 
ages of 18 and 45 ; and 20,000 more than there are now in 
the State liable to do military duty. 

I have received official notice from the Acting-Assistant 
Provost-Marshal-General, that, under the last requisition of 
the President for 300,000 men, dated December 19, 1864, 
the number to be furnished by Massachusetts is 805 ; the 
amount of the credits heretofore allowed to this Common- 
wealth, above all previous calls, having been so largely in, 
advance as to leave but a small portion of that contingent to 
be raised here, and even this small balance is left only in. 
consequence of reducing the number of one and two years' 
men by division, to the equivalent of three years' men. Of 
this portion, 271 are to be raised in the 8th Congressional 
District, and 534 in the 9th. There could be no better or 
more emphatic evidence than this, of the degree to which 
Massachusetts has kept up her recruitment for the service of 
the country. If the quota of the State, under the President's 
calls, were considered as a unit, there would be no requisi- 
tion whatever on Massachusetts for any portion of this con- 
tingent, we, as a State, having a surplus of several thou- 
sands. Under the system pursued at the War Department, 
however, each Congressional District is treated as a unit, 
and hence it comes that there is a demand on two districts 
now for men, although the credits to other districts and to 
the State at large, are largely in excess of all demands. 

It will interest the General Court to be informed that the 
suggestion frequently and publicly made, and intended to 
impugn the patriotism of the people of the Commonwealth, 
that the requisitions on them have been largely met by 
importing recruits from abroad, is not founded in fact. It is 
true that I have deemed it important to the public welfare 
that the employment of persons capable of increasing the 
masculine industrial and military strength of the Common- 
wealth, should be favored. To that end, whenever opportu- 
nity offered to obtain good recruits for the army from 
among persons desiring to come hither to aid the defence 
and to enjoy the blessings of a fyee government, I have 
always accepted them. 

But the whole number thus obtained during the past year, 
(of course not including previous and permanent residents 
of foreign birth who may have volunteered,) is but nine 
hundred and seven (907) out of the whole aggregate of 



GOVERNOR'S ADDRESS. 743 

recruits exhibited by the preceding statement. These are 
divided among four regiments, and include some of their 
best soldiers. 

Up to December 22, 1864, the whole number of colored 
troops which have been credited to Massachusetts, during 
the war, including the Fifty-Fourth Infantry, Fifty-Fifth 
Infantry, Fifth Cavalry, and their recruits, is only 4,731.* 
The whole number of foreign recruits introduced to our 
credit, is 907. If we add to these the number of men in the 
Veteran-Reserve Corps and Regular Army enlisted to our 
credit, 5,034, we shall have an aggregate of only 10,672 — of 
whom many were proper citizens or residents of Massachu- 
setts — the enlistment of whom to the credit of this Common- 
wealth has been made the occasion of criticism or complaint, 
though scarcely by any who entertain a cordial sympathy 
with the army of the Union, the policy of the Government, 
or the traditionary doctrines of Massachusetts. 

These all have been enlisted under the regulations of the 
Department of War. If our bounties have been paid to 
secure the re-enlistment of Regulars and members of the 
Veteran-Reserve Corps, it is because it was the policy of the 
United States, as disclosed in regulations of the War Depart- 
ment, to obtain them, a policy not suggested by the State 
Government of Massachusetts. If we have accepted colored 
volunteers — who have come to Massachusetts for the purpose 
of becoming soldiers — and turned them over as soldiers to 
the United States, it is because when we began to accept 
them, and until we had raised the equivalent of two regi- 
ments, no other opportunity for them existed in the country. 
We believed in colored men — others did not. We obtained 
permission to try them. We assumed the hazards of the 

* 54th Eegiment Infantry, originally, 1,029 

55th Regiment Infantry, originally, 1,023 

5th Regiment Cavalry, originally, ..... 1,016 — 3,068 

54th Regiment Infantry, subsequent recruits, . . . 112 
55tli Regiment Infantry, subsequent recruits, ... 79 

5th Regiment Cavalry, subsequent recruits, . . . 301 — 492 

Bands, . 125 

Enlisted at Fortress Monroe, 88 

Enlisted in Rebel States under law of July 4, 1864, . . 958— 1,171 

4,731 

Up to the close of the year 1864 the Provost-Marshal-General of the 
Commonwealth had received additional returns of enlistments in rebel 
States, for Massachusetts, (under General Order No. 227 of War Depart- 
ment,) increasing that aggregate from 958 to 1,214, with informal notice of 
175 more. 



744 



GOVERNOR'S ADDRESS. 



enterprise, but the Country reaps the reward of its brilliant 
and assured success. • 

Passing from the military to the fiscal contributions of our 
Commonwealth to the Union, Massachusetts, although thirty- 
third in area, and by the census of 1860, seventh in popula- 
tion and seventh in wealth, among the States, yet in the fiscal 
year 1862-3 was third, and in 1863-4 was fourth * in the 

* In 1860 the population of Virginia, exclusive of West Virginia, 1,246,- 
690; Kentucky, 1,1,55,684; Missouri, 1,182,012; Tennessee, 1,109,801, 
and Indiana, 1,350,428, differed little from the population of Massachusetts, 
1,231,006. The valuation of property in these States by the census of that 
year, was also near enough to complete that additional element for a com- 
parison of their relative pecuniary contributions to the General Govern- 
ment; but by reason of the disturbed domestic condition of many of them, 
Indiana and Kentucky remain the only ones with which such a comparison 
may now fairly be made. In the following table Illinois also is included 
in the comparison, although its population and valuation are far in excess 
of those of Massachusetts. 





I860. 


1863-64:- 




Popula- 
tion. 


Property. 


Collections. 
Int. Rev. 


T ™„ Distil'd Spirits, 

Income Tax. g^^;^^ ' 


Massachusetts, . 
Illinois, 
Indiana, 
Kentucky, . 


1,231,066 
1,711,951 
1,350,428 
1,155,684 


8769,651,672 
904,182,620 
624,800,849 
757,378,457 


$11,160,652 16 
9,756,491 37 
3,257,401 64 
3,799,589 52 


$1,904,732 03 
586,435 00 
263,936 98 
352,775 44 


$783,509 64 
7.262.433 15 
2,084,442 06 
1,157,364 13 



Thus, leaving out of consideration the internal revenue from banks and 
minor sources which would swell the disproportion, and confining the esti- 
mate solely to internal revenue " collections," these four States stand 
relatively as follows : Where Illinois pays $1, Massachusetts pays .$1.14. 
Where Indiana pays $1, Massachusetts pays $3.42. Where Kentucky 
pays $1, Massachusetts pays $2.93. And if we leave out of consideration 
the excise on distilled spirits, and base the comparison on the other 
sources of " collections," it then stands as follows : Where Illinois pays 
$1, Massachusetts pays $4.16. Where Indiana pays $1, Massachusetts 
pays $8.84 Where Kentucky pays $1, Massachusetts pays $3.92. 

The three States which in 1864 surpassed Massaclmsetts in the total 
amount of internal revenue paid by them, are compared as follows : and as 
Illinois is the fifth State, Indiana the sixth, and Kentucky the seventh, in 
the order of payments, following directly after Massachusetts, the fourth, 
the two tables combined illustrate the relative position of Massachusetts 
among these States in this regard. 



Popula- 
tion. 



Property. 



1863-64. 



Collections 
Int. Rev. 



Distil'd Spirits 
Excise. 



New York, . 
Pennsylvania, 
Ohio, . 
Massachusetts, 



3,880,735 $2,316,743,547 

2,906 215 1,669,208,924 

2,339,511 1,269,2.56,606 

1,231,066 769,651,672 



$24.636,0,50 77 

12,960,482 79 

11,791,333 68 

11,160,652 16 



$4,918,-369 67 
2,035,166 03 
1,117,691 18 
1,904,732 03 



$5,986,255 30 

2,194,425 94 

6,442,408 03 

783,509 64 



All the figures used in these statistics are furnished to me from the 
Internal Revenue Bureau at Washington, unless otherwise expressly stated. 



GOVERNOR'S ADDRESS. 743 

amount of internal reveiuie paid by her to the United States, 
being surpassecf in the former year only by New York and 
Pennsylvania, and in the latter year only by New York, 
Pennsylvania, and Ohio. Excluding the States of North 
Carolina, South Carolina, Georgia, Florida, Alabama, Missis- 
sippi, Arkansas, and Texas, from the comparison, the per- 
centage of the population, property, internal revenue collec- 
tions, and income tax of Massachusetts, on the aggregate of 
all the other States and the Territories and District of 
Columbia, is as follows : 

Population. Property. Collections. Income Tax. 

Percent. 4.7«11 5.1676 10.9166 12.7671 

By this relative test of percentages, which is the critical 
test, Massachusetts, thirty-third in area, seventh in popula- 
tion, and seventh in wealth among the States, is second in 
her proportional contribution to the internal revenue of the 
General Government, being surpassed, in this test, only by 
her sister and neighbor, Rhode Island. 

Nor does the gross sum of $11,160,652.16, arising from 
internal revenue collections, represent all the internal rev- 
enue contribution of Massachusetts in the year 1863-4. 
Additional to this, is the internal revenue to the United 
States from taxes on her banks and from minor sources, 
$979,748.46. And beside this, is her proportion of the tax 
on Federal salaries, the total of which tax for all the States, 
for 1863-4, was $1,705,124.63, and also her proportion of 
purchases of internal revenue stamps, the sales of which, 
during the same period, amounted to $5,894,945.14. A fair 
allowance for these would swell her internal revenue pay- 
ments, during the last fiscal year, (June 30, 1863, — June 
30, 1864,) to more thdni fourteen millions of dollars. 

The fidelity with which her people have responded to these 
taxes, I venture to assert, is unsurpassed in the history of 
the world. The proportion of the internal revenue collec- 
tions to the assessments, in every district of Massachusetts, 
exceeds 99 50-100 per cent. ; and in most of the districts it 
exceeds 99 80-100 per cent. * 

* The following statistics are furnished to me by the courtesy of the 
Collectors of Internal Revenue of the respective Revenue Districts, which 
correspond in their boundaries to the Congressional Districts. The 
original internal revenue law went into operation September 1, 1862 : 

No. of Assessments Collections on 

District. Sept. 1, 1862, to Aug. 1, 1864. these assessments. 

I $1,152,785 45 $1,151,435 33 

II 1,848,936 35 1,848,135 14 



746 GOYEENOR'S ADDRESS. 

Making allowance for incorrect assessments, subsequently 
abated or annulled, and for absolutely uncollectable assess- 
ments upon the lowest class of liquor retailers, the internal 
revenue collections for Massachusetts substantially correspond, 
dollar for dollar, with the assessments, and this not by 
distraint, not by force, not by terror, but by the cheerful 
alacrity of the whole people of the Commonwealth to lavish 
their money as they lavish their blood, for the cause of 
Order, and Union, and Liberty. 

Nor has the necessity of these extraordinary exertions to 
support the military and financial wants of the Nation, 
shaken the persistent courage or fidelity of her people. In 
the election of November they pronounced the collective will 
of Massachusetts at the polls. They declared her under- 
standing of the issue in controversy, and her purpose to 
stand by the cause of Union and of Liberty until the prophe- 
sies of the National heart shall be fulfilled. Of a popular 
vote of 175,487, she gave to Abrah.\m Lincoln, as the candi- 
date who represented her own traditions and spirit, as well 
as her hope of a future for the Nation and for the People, a 
popular majority of 77,992. His purpose to stand by the 
Proclamation of Liberty finds a response in nearly all hearts, 
and is echoed by the overwhelming acclamation of her 
daughters and lier sons. Nor will they " bate one jot of 
heart or hope " until the war shall " cease on the part of 
the Government when it shall have ceased on the part of 
those ivho began it.'^ * 

No. of Assessments Collections on 

District. Sept. 1, 1862, to Aug. 1, 1864. these assessments. 

V $1,597,895 66 $1,690,680 89 

VI 2,392,002 41 2,389,273 04 

VII 1,825,205 81 1,822,346 90 

VIII 2,385,080 88 2,382.246 20 

IX 1,055,590 78 , 1,047,571 71 

X 1,704,760 74 1,700,845 05 

From Districts Nos. 3 and 4, — the two Boston districts, — I have not full 
statistics. 1 am informed, however, by their Collectors, that the per- 
centages of collections to assessments, exceed in them, as in the others, 
99 50-100. In the foregoing figures, the totals for some of the Districts, 
— as for instance the 5th, 9th, and 10th, — include all the assessments, 
correct and incorrect. Deducting incorrect assessments, the percentage 
of collections in those districts would be equal to the percentage in the 
other districts, as for instance in the 1st and 2d, in whose totals such 
deductions are made. 

* See closing sentence of the President's Message to Congress of Dec, 
1864. 



GOVERNOR'S ADDRESS. 747 

AMENDMENTS OF THE FEDERAL CONSTITUTION. 

The proposal to amend the Federal Constitution by 
empowering Congress to abolish slavery is urged by the 
President, in his last annual message, upon the reconsidera- 
tion of the House of Representatives. In the Senate it has 
received the needful two-thirds majority. In the House it 
barely failed. It is hoped that reconsideration may disclose 
a change of votes, and establish the adoption by the present 
Congress of a measure which will ultimately extinguish 
slavery and prohibit it forever. 

If this shall be done, it will be the welcome duty and the 
lasting honor of the present General Court to ratify the 
amendment on the part of Massachusetts. If it shall fail, I 
trust the President will promptly call a special session of the 
new Congress, by which its adoption may be considered 
certain. It would well become the Legislature of this Com- 
monwealth, in such an emergency, by solemn resolution, to 
request the President to convene Congress for a duty so 
grand in purpose, as well as practical in character and 
exigent in importance. 

I venture also to suggest the proposition of an amendment 
to the Federal Constitution, repealing- its inhibition of duties 
on exports. A moderate tax on the exportation of cotton, 
and perhaps of some other articles, might be levied by Con- 
gress, which would materially increase the national revenue, 
without diminishing the production or sale of those articles ; 
while at the same time indirectly promoting their manufac- 
ture at home, and thus strengthening the country in its 
competition against other nations in the markets of the 
world. 

Had the rebellion been successful, the Southern policy 
would have been to impose a light revenue duty on exports, 
(which would have affected the Northern as well as the 
European buyers,) and also to impose a greatly reduced 
duty on European manufactures. Thus on introduction of 
foreign manufactured goods into the South, they hoped by 
discriminating against our manufactures, and by controlling 
seven-eighths of the navigable rivers of the continent, and of 
their reach into the interior, to smuggle foreign goods into 
the West and the North-west, despite the laws of the United 
States — with the intent to disintegrate the free States, to 
break down American manufactures, discourage skilled, 
intelligent labor, and reduce the laboring classes, by meas- 
ures alike audacious and insidious, to the dependence held 
by the slave-power appropriate for the masses of men. 



748 GOVERNOR'S ADDRESS. 

I desire to see not only Slavery extirpated, but its policy 
reversed, and an American policy inaugurated which will 
secure at once the freedom of the People, the strength of the 
Government, and the independence of American industry. 

The statesmanship of the future gives cause for more 
anxiety than any military concern of the present. How to 
combine the austerity of a government determined to vindi- 
cate its rightful power, with the parental forbearance which 
discriminates those who are swept into the current of treason 
from those who are the wanton architects of ruin ; this is 
one of the problems. For myself, I would counsel forgive- 
ness to the masses of our countrymen, hurried, precipitated 
by a superior power dominating their intelligence and their 
capacity of resistance, into the vortex of a ruin they neither 
foresaw nor even yet comprehend. Misguided, cheated, 
conscribed, overwhelmed, they have been led to battle by 
the light of their blazing homes. They have perilled their 
own lives while they have assailed ours, without compre- 
hending the occasion of the war, and without the ability to 
avoid it. Victims of an evil, subjects of a wrong which 
involved their own fate, they were unable to escape its 
meshes or to resist its power. Let the people of Massachu- 
setts remember that the poor oppressed democracy of Georgia 
and the Carolinas are their brethren. We fight to carry the 
school-house, the free press, the free ballot and all the 
independent manhood of our own New England liberty to 
the people of the slavery-ridden South. Delivering them 
from the domination of their oppressors, — as Maryland has 
just now delivered herself, — let them enjoy with us the fruit 
and the feast of victory. Nor let sentimental politics sur- 
render either them, or the black man, with whom they have 
shared the voiceless woe of his servitude, or the country on 
whose fate our own depends, to the possibilities of any reac- 
tionary theory. So, too, let the color of an African extrac- 
tion, so long the badge of Slavery, cease to be the badge of 
exclusion from any of the privileges of citizenship. Let 
intelligent manhood enjoy that recognition and reap its due 
reward. Then we will restore government, order and soci- 
ety. Then we will reconstruct the States in rebellion, on a 
ground of principle and faith which will command the 
friendship of the Nations, the sympathy of mankind, and the 
benediction of God. 

The old Hall of the House of Representatives at Washing- 
ton, with which is associated the fame, the wisdom and the 
eloquence of so many American statesmen, has been set 



GOVERNOR'S ADDRESS. 7i9 

apart by Congress* for a National Gallery of Statuary, com- 
memorative of citizens illustrious for their historic renown 
or distinguished civic or military service, whose careers on 
earth have ended. Each State will be invited to furnish two 
statues in marl)le or bronze. Many years will elapse before 
this gallery of historic art will be complete. But there are 
already names, ample in number, belonging to history, and 
forming a part of the renown of our ancient Commonwealth 
— venerable names of men over whose graves retreating 
Time has long cast his shadow, and of whom such monu- 
mental commemoration would be worthy and becoming. I 
respectfully recommend the appointment of a Commission, 
to report daring the jjresent session a plan of cooperation on 
the part of Massachusetts in this eminently patriotic, national 
design. 

If these honors are paid to the heroes and sages of the 
past, what commemoration awaits those who in this genera- 
tion shall command the gratitude of posterity! 

In the vestibule of the Capitol of the Commonwealth you 
passed to this hall of your deliberations, beneath a hundred 
battle-flags, war-worn, begrimed and bloody. They are sad, 
but proud memorials of the transcendent crime of the Rebel- 
lion, the curse of Slavery, the elastic energy of a free Com- 
monwealth, the glory and the grief of War. 

There has been no loyal army, the shout of whose victory 
has not drowned the dying sigh of a son of Massachusetts. 
There has been no victory gained which her blood has not 
helped to win. Since the War began, four hundred and 
thirty-four officers whose commissions bore our seal, or who 
were promoted by the President to higher than regimental 
commands, have tasted death in the defence of their Country's 
flag. The names of nine General officers, sixteen Colonels, 
seventeen Lieutenant-Colonels, twenty Majors, six Surgeons, 
nine Assistant-Surgeons, two Chaplains, one hundred and 
ten Captains, and two hundred and forty-five Lieutenants, 
illustrate their Roll of Honor. f Nor will the history be 
deemed complete, nor our duty done, until the fate and 
fame of every man — to the humblest private of them all — 
shall have been inscribed upon the records of this Capitol, — 
there to remain, I trust, until the earth and sea shall give 
up their dead. And thus shall the Capitol itself become for 
every soldier-son of ours, a monument. 

* Act of 2d July, 1864, Chapter 210, Section 2. 

t A list of these in detail, is subjoined, in Appendix, [H.] 

47 



750 GOVERNOR'S ADDRESS. 



" Nothing is here for tears, nothing to wail 
Or knock the breast, no weakness, no contemjit, 
Dispraise or blame, nothing but well and fair, 
And. what may quiet us in a death so noble. 
****** 

Then plant it round with shade 
Of laurel ever green, and branching palm, 
AVith all his trophies hung, and acts enroU'd 
In copious legend, or sweet lyric song. 
Thither shall all the valiant youth resort, 
And from his memory inflame their breasts 
To matchless valor, and adventures high : 
Tlie virgins also shall on feastful days 
Visit his tomb with flowers." 



Gentlemen of the Senate, and 

OF the House of Representatives : — 

Standing, probably for the last time, before the General 
Court of Massachusetts, to assume the office of her chief 
executive magistrate, I cannot repress my gratitude for the 
opportunity I have enjoyed of serving her, at a period so 
stirring to the heart, when every duty is sublime ; and for 
the generous indulgence of her People toward my efforts for 
the welfare and glory of the State. 

And whatever may hereafter betide or befall me or mine, 
May the God of our Fathers preserve our Commonwealth ! 



APPENDIX. 751 



APPENDIX. 



[A.] 

Resources and Liabilities. 

Liabilities on account of Railroad Corporations. 
Western Railroad Corporation, . $3,999,555 56 

Eastern Railroad Corporation, . 500,000 00 

Norwich Railroad Corporation, . 400,000 00 

Southern Vt. R. R. Corporation, . 200,000 00 
Troy and Greenfield R. R. Corp'n, . 1,474,880 00 



State Funded Debt. 
Lunatic Hospital Scrip — 

1852, due 1865, . $100,000 00 

1853, due 1865, . 70,000 00 

1854, due 1874, . 94,000 00— $264,000 00 
State Almshouse Scrip — 

1852, due 1872, . $100,000 00 

1853, due 1873, . 60,000 00 

1854, due 1874, . 50,000 00— 210,000 00 
State House Scrip — 

1853, due 1873, . $65,000 00 

1854, due 1874, . 100,000 00— 165,000 00 
Six per cent. Scrip — 

1856, due 1862, . $1,000 00 

1856, due 1866, . 100,000 00— 101,000 GO 
Lunatic Hospital Scrip — 

1857, due 1868, . $150,000 00 

1857, due 1877, . 50,000 00— 200,000 00 
Consolidation of Statutes Scrip — 

1868, due 1870, .... 150,000 00 
Five per cent. Scrip — 

1861, due 1868, . $15,000 00 

1861, due 1870, . 21,000 00 

1861, due 1872, . 17,000 00— 53,000 00 
Six per cent. Scrip — 

1861, due 1868, . $75,000 00 

1861, due 1870, . 89,000 00 

1861, due 1872, . 83,000 00— 247,000 00 



,574,435 56 



752 GOYERNOR'S ADDRESS. 

Union Fund Loan Scrip- 



1861, due 1871, 
1861, due 1872, 
1861, due 1873, 
1861, due 1874, 
1861, due 1875, 

1861, due 1876, 

1862, due 1877, 
1862, due 1878, 



$205,000 00 
341,000 00 
304,000 00 
300,000 00 
420,000 00 

1,430,000 00 
400,000 00 
200,000 00 



Bounty Fund Loan Scrip — 

1863, due 1894, . $200,000 GO 

1864, due 1894, . 1,500,500 00 



Coast Defence Loan Scrip — 

1863, due 1883, . $388,000 00 

1864, due 1883, . 500,000 00 



^3,600,000 00 
1,700,500 00 



Back Bay Loan — 

1862-63, due 1880, . . . 220,000 00 



888,000 00 

$14,372,935 56 



Floating Debt. 
Tempoi'ary Loans due sundry Banks, $3,150,750 00 
Deposit Loans due 

Savings Banks, . $260,500 00 
Deposit Loans due 

Individuals, . . 3,317,818 00 
Deposit Loans due 

sundry Funds, . 1,108,969 00 



4,687,287 00 

Cash deposits by towns and individ- 
uals on account of recruits, . . 265,000 00 

Outstanding claims for the quarter 

ending Dec. 31, 1864, estimated, . 200,000 00 

Outstanding claims for monthly pay 

of soldiers, 218,000 00 



8,521,037 00 



Total liabilities, $22,893,972 56 



Resources. 

Loans to Railroad Corporations — 

Mort'ge W. R. R. Go's entire property, $3,999,555 56 

Mortgage E. R. R. Go's entire property, 500,000 00 
Mortgage N. and W. R. R. Company's 

entire property, .... 400,000 00 

Troy and Greenfield R. R. entire pr'ty, 1,474,880 00 

Sinking Fund T. and G. R. R., . 79,218 00 

Southern Vt. R. R. Go's entire prop'ty, 200,000 00 

$6,653,653 56 



APPENDIX. 



75:3 



For Funded Debt. 
Debt Extinguishment Fund* . $1,157,400 00 

Union Loan Sinking Fund* . . 2,441,093 00 
Almshouse Loan Sinking Fund,* . 94,393 00 
Back Bay Lands F'd, $376,761 00* 
B. Bay Lands unsold, 2,000,000 OOf 



Bounty Loan Sinking Fund, 
Balance of claim against the U. 

Unproductive property, . 



S4 



2,376,761 00 
38,580 00 
1,907,413 41 



p8,01 5.640 41 
3,187,917 33 



Total resources, $17,857,211 30 

(Exclusive of School and other Trust Funds, which amount to 
$2,131,326.) 



[B.] 
Revenue Receipts, 1864 
State Tax, 
Bank Tax, . 
Savings Bank Tax, 
Semi-annual Insurance Tax, 
Annual Insurance Tax, . 
Premium of sale of Scrip, 
Corporation Tax,§ 
Miscellaneous, 



$2,263,287 00 
630,729 06 
452,399 29 
101,565 18 
26,736 41 
126,275 33 
1,718,948 45 
520,376 89 

$5,840,317 61 



Payments or Disbursements, 1864. 
Executive Department, . . . $31,354 75 
Secretary's Department, . . 21,675 33 
Treasurer's Department, . . 19,765 09 
Auditor's Department, . . . 8,761 35 
Attorney-General's Department, . 17,272 36 
Bank Commissioners, . . . 8,170 01 
Insurance Commissioners, . . 6,268 91 
Agricultural Department, . . 43,985 14 
Sergeant-at- Arms' Department, . 16,292 96 
Judiciary Department, . . . 154,248 90 
Legislative Department, . . 231,099 81 
Adjutant, Quartermaster, and Sur- 
geon-General's Departments, . 412,714 37 

* Market value. 

t Commissioners' estimate ; the amount, if realized, to be added to the 
Bounty Loan Sinking Fund, per Acts 18G4, chap. 313, sect. 3. 

X This amount, when paid, is to be added to tlie Union Loan Sinking 
Fund, per Acts 1861, chap. 209, sect. 1. 

§ A very large portion of this tax is to be refunded to the several cities 
and towns of the Commonwealth, as soon as the accounts can be made up. 



754 



GOVERNOR'S ADDRESS. 



State aid, &c., to Soldiers, 

Charitable, . 

Correctional, 

Miscellaneous, 

Interest, 

Premium on coin, . 



Excess of receipts. 



},367,278 28 
349,871 89 
185,683 08 
327,972 83 
463,564 70 
436,278 19 



$5,102,257 95 
$738,059 66 



[0.] 
Detailed Statement of Men furnished hy Massachusetts, as recapitu- 
lated in the Governor s Annual Address of January, 1864. 

Three Years Men, Previous to the Call of July, 1862. 



1st Regiment Infantry, 1861,- 

2d Regiment Infantry, 1861, 

7th Regiment Infantry, 1861, 

9th Regiment Infantry, 1861, 

1 0th Regiment Infantry, 1861, 

11th Regiment Infantry, 1861, 

12th Regiment Infantry, 1861, 

13th Regiment Infantry, 1861, 

14th Regiment Infantry, 1861, 

15th Regiment Infantry, 1861, 

16th Regiment Infantry, 1861, 

17th Regiment Infantry, 1861, 

18th Regiment Infantry, 1861, 

19th Regiment Infantry, 1861, 

20th Regiment Infantry, 1861, 

21st Regiment Infantry, 1861, 

22d Regiment Infantry, 1861, 

23d Regiment Infantry, 1861, 

24th Regiment Infantry, 1861, 

25th Regiment Infantry, 1861, 

26th Regiment Infantry, 1861, 

27th Regiment Infantry, 1861, 

28th Regiment Infantry, 1861, 

29th Regiment Infantry, 1861, 

30th Regiment Infantry, 1861, 

31st Regiment Infantry, 1861, 

1st Battery Artillery, 1861, 

2d Battery Artillery, 1861, 

3d Battery Artillery, 1861, 

4th Battery Artillery, 1861, 

5th Battery Artillery, 1861, 

6th Battery Artillery, 1861, 

7th Battery Artillery, 1861, 

8th Battery Artillery, 1861, 



1,047 

1,046 

1,046 

1,047 

1,047 

1,050 

1,055 

1,021 

1,305 

1,040 

1,003 

951 

1,012 

852 

762 

1,007 

1,050 

1,062 

989 

1,032 

1,050 

983 

950 

881 

929 

941 

170 

152 

157 

154 

156 

139 

152 

155 



APPENDIX. 



755 



Cavalry, 1861, 
Sharpshooters, 1861, 
Recruits up to August, 1862, 
Co. " B," 40th N. Y. Volunteers, 
Co. "H," 1st Excelsior Brigade, 
Co. "D," 5th Excelsior Brigade, 
Men in Union Coast Guard, . 



Three Years Men, under the Call of July, 1862. 

32d Regiment Infantry, 1862, 

33d Regiment Infantry, 1862, 

34th Regiment Infantry, 1862, 

35th Regiment Infantry, 1862, 

36th Regiment Infantry, 1862, 

37tli Regiment Infantry, 1862, 

38th Regiment Infantry, 1862, 

39th Regiment Infantry, 1862, 

40th Regiment Infantry, 1862, 

41st Regiment Infantry, 1862, 
9tb Battery Artillery, 1862, 

10th Battery Artillery, 1862, 
1st Company Artillery, 1862, (Cabot's Battalion,) 
2d Company Artiller.y, 1862, (Cabot's Battalion.) 
3d Company Artillery, 1862, (3d Reg't Heavy Artil'y, 

Recruits from August, 1862, to May 19, 1863, 



3d 
4th 
5th 
6th 
8th 
42d 
48d 
44th 
45th 
46th 
47th 
48th 
49th 
50th 
51st 
52d 
53d 
11th 



Total, 

Regiment 
Regiment 
Regiment 
Regiment 
Regiment 
Regiment 
Regiment 
Regiment 
Regiment 
Regiment 
Regiment 
Regiment 
Regiment 
Regiment 
Regiment 
Regiment 
Regiment 
Battery L 



Nine Months Men. 



Infantry, 

Infantry, 

Infantry, * 

Infantry, 

Infantry, 

Infiantry, 

Infantry, 

Infantry, 

Infantry, 

Infantry, 

Infantry, 

Infantry, 

Infantry, 

Infantry, 

Infantry, 

Infantry, 

Infantry, 

ight Artillery, 



Nine months men. 
Reduced to three years by dividing by 4, 



1,857 

208 

2,279 

101 

89 

90 

233 

32,250 

1,018 
942 

1,027 

1,018 

1,015 
979 

1,018 
987 
992 

1,127 
152 
156 
147 
140 
156 

5,209 

16,083 

1,007 

982 

997 

913 

962 

998 

1,024 

1,023 

1,005 

983 

1,024 

996 

948 

964 

961 

940 

958 

152 

16,837 
4,209 



756 



GOVERNOR'S ADDRESS. 



Additional Three Years Men, up to October 17, 1863 

2d Regiment Cavaliy, .... 

New Battalion for 1st Regiment Cavaliy, 

2d Regiment Heavy Artillery, . 

4th Uuattac;hed Company Heavy Artillery, . 

5tli Unattached Company Heavy Artillery, . 

6th Unattached Company Heavy Artillery, . 

7th Unattached Company Heavy Artillery, . 

8th Unattached Company Heavy Artillery, . 

9th Unattached Company Heavy Artillery, . 
10th Unattached Company Heavy Artillery, . 
54th Regiment Infantry, .... 

55th Regiment Infantry, .... 

12th Battery Light Artillery, 
13th Battery Light Artillery, 
15th Battery Light Artillery, ... 

Recruits for old Regiments and Companies, 

4 Regiments and 1 1 Co.'s, and Recruits for three years, . 

Recapitulation. 
Three years men raised before the call of July, 1862, 

Under the call of July, 1862, 

16,837 9 m'ths men, equal, Avhen reduced to 3 ye'rs men, to 

Volunteers enlisted and mustered between January 1, 

1863, and October 17, 1863, 

Total, according to last Annual Address, 

Detailed Statement of Men furnished hy Massachusetts, in 
to those included in the foregoing Recapitulation. 
2d Regiment Heavy Artillery, (additicmah) 
3d Regiment Heavy Artillery, (additional,) 
1st Regiment Cavalry, (new battalion,) (additional,) 
4th Regiment Cavalry, 
5th Regiment Cavalry, (colored,) 

56th Regiment Infantry, 

57th Regiment Infantry, 

58th Regiment Infantry, 

59th Regiment Infantry, 

11th Battery Light Artillery, (re-enlisted,) 

14th Battery Light Artillery, 

16th Battery Light Artillery, 

Men enlisted at Fortress Monroe, by Capt. Wilder, 

Band for 3d Brigade, 1st Division, 6th Corps, 

Band for 2d Brigade, 1st Division, 2d Corps, . 

Band for 3d Brigade, 2d Division, 2d Corps, . 

Band for 1st Brigade, 1st Division, 2d Corps, . 

Band for 2d Brigade, 3d Division, Cth Corps, . 

Band for 3d Brigade, 1st Division, 12th Corps, 



1,190 
60 

1,073 
152 
144 
133 
178 
135 
141 
132 

1,029 

1,023 
135 
147 
172 
509 

6,353 

32,250 

16,083 
4,209 

6,353 

58,895 

addition 

788 

358 

360 

1,001 

1,016 

965 

924 

845 

947 

155 

147 

149 

88 

16 

16 

15 

16 

15 

15 



APPENDIX. 



757 



Band for Coi'ps d' Afrique, No. 1, 
Band for Corps d' Afrique, No. 2, 



United States Pi-ovost-Marshal's enlistments for old organ- 
izations from October 17, 1863, to January 1, 1864 — 

First District, 10 

Third District, 67 

Fourth District, 35 

Fifth District, 46 

Sixth District, ..... 42 

Seventh District, ..... 55 

Eighth District, 44 

Ninth District, 101 

Tenth District, 19- 

Product of draft of July, 1863 — 

Conscripts, . . , . . . . 743 

Substitutes, 2,325 

Paid commutation, .... 3,622- 

Veteran Reserve Corps and United States Regulars, 

Recruits for old organizations, ..... 

Re-enlisted Veteran Volunteers — 

1st Regiment Infantry, ... 16 

2d Regiment Infantry, . . . 155 

7th Regiment Infantry, ... 62 

9th Regiment Infantry, ... 25 

10th Regiment Infantry, . . . 146 

11th Regiment Infantry, ... 98 

12th Regiment Infantry, ... 16 

13th Regiment Infantry, ... 21 

14th Regiment Infantry, (1st Ilea. Art.,) 532 

15th Regiment Infantry, ... 64 

16th Regiment Infantry, ... 96 

17th Regiment Infantry, . . . 184 

18th Regiment Infantry, . . . 139 

19th Regiment Infantry, . . . 160 

20th Regiment Infantry, . . . 173 

21st Regiment Infantry, . . . 237 

22d Regiment Infantry, ... 83 

23d Regiment Infantry, . . . 232 

24th Regiment Infantry, . . . 415 

25th Regiment Infantry, . . . 423 

26th Regiment Infantry, . . . 546 

27th Regiment Infantry, . . . 338 

28th Regiment Infantry, . . . 157 

29th Regiment Infantry, . . . 149 

30tli Regiment Infantry, . . . 357 

31st Regiment Infantry, . . . 330 

32d Regiment Infiuitry, ... 360 

1st Regiment Cavalry, . . . 187 

48 



16 
16 

7,868 



419 



6,690 
3,167 
5,428 



758 GOA^ERNOR'S ADDRESS. 

1st Regiment Cavalry, (Indep't Batt'n,) 47 

1st Regiment Cavalry, (Indep't Batt'n,) 86 

1st Battalion Heavy Art'y, (Ft. Warren,) ' 60 

1st Battery Light Artillery, ... 33 

2d Battery Light Artillery, ... 23 

3d Battery Light Artillery, ... 38 

4th Battery Light Artillery, ... 93 

5th Battery Light Artillery, ... 43 

6th Battery Light Artillery, ... 56 

7th Battery Light Artillery, ... 19 

10th Battery Light Artillery, ... 3— 6,202 

Men in Navy whose names were borne upon the enrol- 
ment lists, and who were credited by the United States' 
Provost-Marshal-General, prior to February 24, 1864, . 1,526 
Enlistments in Navy from February 24, 1864, to July 1, 

1864, credited as above, ...... 948 

Gallop's Island — Recruits for old organizations — 

For the month of July, 1864, . . 805 

For the month of August, 1864, . . 1,037 

For the month of September, 1864, . 1,141 

For the month of October, 1864, '. . 221 

For the month of November, 1864, . 469 

3d Regiment Heavy Artillery, Sept. 17, 

(additional,) .... 146 

4th Regiment Heavy Artillery, . . 1,660 

29th Unattached Co. Heavy Artillery, . 147 

30th Unattached Co. Heavy Artillery, . 146 

61st R. giment Infantry, . . . 573— 6,345 

Enlistments in Rebel States, under Act of July 4, 1864 — 
White men, ...... 68 

Colored men, 770 — 838 

Enlistments in Navy from July 1st to December 1st, . 1,935 
Credits by Naval Commissioners, ..... 16,625 
Enlistments in Veteran Reserve Corps from July 1st to 

December 1st, 1864, 1,002 

Enlistments in United States Regulars from July 1st to 

December 1st, 1864, ....... 865 

Enlistments in Marine Corps from July 1st to Dec. 1st, '64, 62 

Draft, May and June, 1864, 2,056 

Draft, substitutes for enrolled men, . . . . 3,130 

Six unattached companies of Infantry for one year's ser- 
vice, viz. : the 2d, 17th, 19th, 20th, 21st and 25th, . 573 

Enlistments from Dec. 1 to Dec. 22, 1864, namely: 
Enlistments by Provost-Marshal- General of State — 

White men, ...... 42 

Colored men, ...... 188 

Number of men reported to Provost-Mar- 
shal-General of State as having been 
mustered, but rolls not received, . . 129 



APPENDIX. 



759 



Gallop's Island, recruits for old organiza- 
tions, ' . 484 

Naval enlistments, ..... 20- 



863 



66,542 







ii 




RECAPITULATION. 


H 

o 


1 '^ 


03 

C 

o 

1 


New Battalion for 1st Regiment Cavalry, . 


420 


60 


360 


4th Regiment Cavalry, . . . 




1,001 


- 


1,001 


5th " " ... 




1,016 


- 


1,016 


2d Regiment Heavy Artillery, 




1,861 


1,073 


788 


3d* " " " . . 




1,379 


875 


504 


4th " " " . . 




1,660 


- 


1,660 


29th " " " unattached comp'v, 
30th " " " " " 


I 293 


- 


293 


11th Battery Light Artillery, (re-enlisted,) . 


155 


- 


155 


14th " u u . . 




147 


- 


147 


16th " " " 






149 


- 


149 


56th Regiment Infantry, 






965 


_ 


965 


57th 






924 


_ 


924 


58th " " 






845 


- 


845 


59th " " 






947 


_ 


947 


61st " " 






573 


- 


573 


Six unattached Companies Infantry, . 




573 


- 


573 


Men enlisted at Fortress Monroe in 1863, 




88 


_ 


88 


Veteran Reserve Corps and U. S. Regulars 


? • 


5,034 


- 


5,034 


Recruits for old organizations, 




9,101 


- 


9,101 


Re-enlisted Veterans, .... 




6,202 


- 


6,202 


Enlistments by Provost-Marshals, 




1,257 


- 


1,257 


Draft of July, 1863 




6,690 


- 


6,690 


Draft of May and June, 1864, . 




2,056 


- 


2,056 


Substitutes for Enrolled Men, 




3,130 


- 


3,130 


Bands, 




125 


- 


125 


Enlistments in Dec, 1864, up to Dec. 22, . 




863 


- 


863 



Total furnished for the army, during the last year, . 
Naval enlistments, determined by the Naval Commission, 
Other paval enlistments credited during the year, . 
Marine Corps, ........ 

Total of new credits, ....... 

Total of old credits, which, reduced to the three years' 
standard, were ........ 



45,446 

16,625 

4,409 

62 

66,542 

58,895 

tl25,437 



* Formed from twelve unattached companies ; namely, the Third, and Sixth to Sixteenth, 
inclusive. 
t See also table in Appendix, [D.] 



760 



GOVERNOR'S ADDRESS. 








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APPENDIX. 



76i 





60 

to 

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cot^mosi-HcoiKst^eoocoi-ico 

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Captain Lewis J. Bird, . 

" Francis E. Porter, . 

" Luther Dame, . 

" Alpheus J. Hilbourn, 

" David H. Dyer, 

" Charles P. Winslow, . 

" Albert E. Proctor, . 

" Augustine L. Hamilton, 

" George H. Smith, . 

" George A. Perry, 

" Jeremiah C. Bacheller, 

" Charles F. Walcott, . 

" Robert W. Reeves, . 




ORGANIZATION. 














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GOVERNOR'S ADDRESS. 



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APPENDIX. 



763 



[G.] 

Statement showing the actual number of Men furnished by Massachur- 
setts for the service of the United States for the several terms of 
service : 



ORGANIZATIONS, TERMS, &c. 


Number. 


Aggregate. 


Three Months' Service, 1861. 








Four (4) regiments Infantry, . 


• '} 






One (1) battalion Riflemen, . 


• 't 


, 


3,736 


One (1) battery Light Artillery, 


. •) 






Three Years Men in Army. 








Forty (40) regiments Infantry, 


■■ 






Five (5) regiments Cavalry, . 


, 






Three (3) regiments Heavy Artillery, 


. 


54,187 




One (1) battalion Heavy Artillery, 


. 




Sixteen (16) batteries Light Artillery, 


. 






Two (2) companies Sharpshooters, . 


• -J 






Eecrults, including drafted men, for above or- 






ganizations, .... 


. 


26,091 




Men for Regular Army, Veteran Reserve 


Corps 






and other organizations, 


. 


9,790 




Re-enlistments in State organizations, 


• 


6,202 


96,270 


One Year Men in Army. 




One (1) regiment Infantry, (6 companies,) .) 






One (1) regiment Heavy Artillery, 


• -r 


. 


3,099 


Eight (8) unattached Companies, . 


. ') 






Nine Months Men. 








Seventeen (17) regiments Infantry, 


. 


• 


16,685 


One Hundred Days Men. 








Five (5) regiments Infantry, . 


: :} 




5,461 


Nine (9) unattached Companies, 




Ninety Days Men. 








Thirteen (13) unattached companies Infantry, 


• 


1,209 


Men in Navy. 








Number for one year, 


. 


8,074 




*' for two years, . 


, 


3,204 




" for three years, . 


. 


18,929 


^ 


" term not given, . 


• 


956 


26,163 






Number enlisted in December, 1864, up 


to the 






22d of the month, 






863 




153,486 



164: 



GOVERNOR'S ADDRESS. 



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burg, Pa. 
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Charles P. Chandler, 
Neill K. Gunn, . 
Charles E. Rand, 
Moses H. Warren, 
William H. Sutherlan 
John M. IMandeville, 
Henry Hartley, . 
Elijah B. Gill, Jr., 
William H. B. Smith, 


<d Regimen 
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James Savf 
James Wig; 
William H. 
Charles R. 
Edward G. 
Richard Ca 
Richard C. 


.5 


Thomas R. 
Thomas B. 
Stephen G. 
William D. 



APPENDIX. 



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APPENDIX. 



767 



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APPENDIX. 



769 



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■73 












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Thirty-First Regimen 
en K. Sanborn, 
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Thirty-Second Regime, 
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bert Hamilton, 
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Thirtieth Regimen 
Daniel L. Yeaton, 
Eugene Kelty, 
Timothy A. Crowley, . 
William F. Clark, 
George F. Whitcomb, . 
John P. Haley, . 


Thirty- Third Regim, 
lliam P. Mudge, 
nry J. Parker, 
gar L. Bumpus, 
thur C. Parker, 
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lies Hill, . 


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APPENDIX. 



777 



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GOVERNOR'S ADDRESS.