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

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ACTS 



RESOLVES 



PASSED BY THE 



General €mixt at Pass;ic|itsetts, 



IN THE YEAR 



18 6 6 



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. 

1 8 G 6. 



A CONSTITUTION 



FORM OF GOVERNMENT 



CommoiUutaltl] of glnssnt^usttts. 



PEEAMBLE. 

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 us^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 framing 
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. 

AVe, therefore, the people of Massachusetts, acknowledging, 
with grateful hearts, the goodness of the great Legislator of 
the universe, in aifbrding us, in the course of his providence, 
an opi)ortunity, deliberately and peaceably, without fraud, 
violence or surprise, of entering into an original, ex])licit 
and solemn compact with each other ; and of forming a new 



CONSTITUTION. 

constitution of civil government for ourselves and posterity ; 
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. 



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

Equality and Art. I. All mcu arc bom free and equal, and have cer- 

au L?n"^ ^ ° tain natural, essential and unalienable rights ; among which 
may be reckoned the right of enjoying and defending their 
lives and liberties ; that of acquiring, possessing and protect- 
ing property ; in fine, that of seeking and obtaining their 
safety and happiness. 
Right and duty II. It is the right as well as the duty of all men in society, 
^ous^'worship!'''^" publicly, and at stated seasons, to worship the Supreme 
Being, the great Creator and Preserver of the universe. 
Protection there- And uo subjcct sliall be liurt, molcstcd 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- 

XI., substituted jIqh of Q\y{\ government, essentially depend npon 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- 

powered to com- ness, and to secure the good order and preservation of their Government, 

public°\vor°ship°'^ 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 pi-inted in smaller type and enclosed in brackets : obsolete 
portions 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 rip;ht to, and do, a°d to enjoin at- 
invest their legislature with authority to enjoin upon all tlie subjects an q^" '^°'^^ 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 fi**^'^"^ religious 
exclusive right of electing their public teachers, and of contracting with 
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 ])ublic teachers aforesaid, shall, if he require it, be uniformly J^xe^nfav°be"'' 
applied to the support of the public teacher or teachers of his own religious paid, unless, &c. 
sect or denomination, provided there be any on whose instructions he 
attends ; otherwise it may be paid toward the support of the teacher or 
teachers of the parish or precinct in which the said moneys are raised. 

And every denomination of Christians, demeaning themselves peace- All denomina- 
ably, and as good subjects of the Commonwealth, shall be equally under 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 o • ernment secured. 

exclusive right oi governing themselves as a tree, 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, he 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. Xo man, nor corporation or association of men, have services rendered 
any other title to obtain advantages, or particular and exclu- iDg''Jhe^oniy*'tit!e 
sive privileges, distinct from those of the community, than f^^^," he^dltlrv 
what arises from the consideration of services rendered to oaices are absurd 
the public ; and this title being in nature neither hereditary, *" 
nor transmissible to children or descendants, or relations by 
blood, the idea of a man born a magistrate, lawgiver or 
judge, is absurd and unnatural. 

YII. Government is instituted for the common good ; for ^^'^g^"*"^^; 
the protection, safety, prosperity and happiness of the people ; of people to in- 
and not for the prolit, honor or private interest of any one chln^lt'.'^ 
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, Avhen their protection, safety, prosperity 
and happiness require it. 

YIII. In order to prevent those who are vested with Right of people 

,i.,r. 1 . ^ ,, ,, -li to secure rotation 

authority irom becoming oppressors, the people have a right in office, 
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 

certain and regular elections and appointments. 

All, having the IX. All clcctions ought to bc frcc ; and all the inhabi- 

pre^'ribld^e^quai- tauts of this Commoiiwealth, having such qualifications as 

fi^ce!'^'*'^^ '° °^" they shall establish by their frame of government, have an 

equal right to elect officers, and to be elected, for public 

employments. 

Right of protec- X. Eacli individual of the society has a right to bc i)ro- 

co°n'tr'ibutfon'cor- tcctcd by it lu the 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 scrvlcc, or an equivalent, when necessary: but 

no part of the property of any individual can, with justice, 

be taken from him, or applied to public uses, without his own 

consent, or that of the representative body of the people. In 

fine, the people of this Commonwealth are not controllable 

by any other laws than those to which their constitutional 

Private property representative body have given their consent. And when- 

fo°r' pubfic u^ses Gvcr tlic public cxigencics require that the property of any 

without, &c. individual should be appropriated to public uses, he shall 

receive a reasonable comj^ensation therefor. 
Remedies by re- XI. Evcry subicct of thc Commonwcaltli ought to find 

course to the law, ,. i i ^ • j,ii n n 

to be free, com- a ccrtaui rcuicdy, by havnig recourse to tiie laws, tor all 
piete and prompt, jj^^^pigg q^. -^^roiigs wliicli lic may rcceivc 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. 
ProBeiutions reg- XII. No subjcct sliall be hcld to answer for any crimes 
or offence until the same is fully and plainly, substantially 
and formally, described to him ; or be compelled to accuse, 
or furnish evidence against himself : and every subject shall 
have a right to produce all proofs that may be favorable to 
him ; to meet the witnesses against him face to face, and to 
be fully heard in his defence by himself, or his counsel, at 
his election. And no subject shall be arrested, imprisoned, 
despoiled or deprived of his property, immunities or privi- 
leges, put out of the protection of the law, exiled or deprived 
of his life, liberty or estate, but by the judgment of his peers, 
or the law of the land. 

Right to trial by ^nd tlic legislature shall not make any law that shall sub- 
jury, in criminal ., °, •ii'i> • ^ j. j. 

cases, escept.&c.ject any pcrsou to a capital or miamous punishment, except- 
ing for thc government of the army and navy, without trial 
by jury. 



CONSTITUTION. 7 

XIII. Ill criminal prosecutions, the verification of facts, crimes to be 
in the vicinity where they happen, is one of the greatest ?ichiuy.° 
securities of the life, liherty and property of the citizen. 

XIV. Every subject lias a right to be secure from all Right of search 
unreasonable searches and seizures of his person, his houses, liTted"^"" "^" 
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. 

XY . In all controversies concerning property, and in all ?^'e^* *° *r'''' ^y 

o L L J 7 ^ jury sacred, es- 

suits between two or more persons, except in cases in which cept, &c. 
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 i)CO])le have a riaht to keep and to bear arms J^'^A' *" ^^p 

„ , TV 4 1 '"' • J.- £• • and bear arms. 

tor the common deience. And as, in time oi peace, armies standing armies 
are dangerous to liberty, they ought not to be maintained ury^wer sub-'" 
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- ^orai quausca- 
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 rcpresen- on^y^ers'and 
tatives : and they have a right to require of their lawgivers magistrates. 
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- fo'ln*tru?t*^?- 
able manner, to assemble to consult upon the common good ; re=i'ntatives and 
give instructions to their representatives, and to request of ture.'°" *'^"' "' 
the legislative body, by the way of addresses, petitions or 



CONSTITUTION. 



Power to suspend 
the laws or their 
execution. 



Freedom of de- 
bate, &c.., and 
reason thereof 



Frequent ses- 
sions, and ob- 
jects thereof. 



Taxation found- 
ed on consent. 



Ex post facto 
laws prohibited. 



Legislature not 
to convict of 
treason, &c. 

Excessive bail or 
fines, and cruel 
punishments 
prohibited. 

No soldier to be 
quartered in any 
house,unless,&c. 



Citizens exempt 
from law-mar- 
tial, unless, &c. 



Judges of su- 
preme judicial 
court. 



Tenure of their 
ofiBee. 



remonstrances, redress of the wrongs done them, and of the 
grievances they suffer. 

XX. The power of suspending the laws, or the execution 
of the laws, ought never to be 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. 

%XXI. The freedom of deliberation, speech and debate, in 
either house of the legislature, is so essential to the rights of 
the people, that it cannot be the foundation of any accusa- 
tion or prosecution, action or complaint, in any other court 
or place whatsoever. 

XXII. The legislature ought frequently to assemble for 
the redress of grievances, for correcting, strengthening and 
confirming the laws, and for making new laws, as the com- 
mon good may require. 

XXIII. ■ No subsidy, charge, tax, impost or duties, ought 
to be established, fixed, laid or levied, under any pretext 
whatsoever, without the consent of the people, or their 
representatives in the legislature. 

XXIV. Laws made to punish for actions done before the 
existence of such laws, and which have not been declared 
crimes by preceding laws, are unjust, oppressive and incon- 
sistent with the fundamental principles of a free government. 

XXV. No subject ought, in any case, or in any time, to 
be declared guilty of treason or felony by the legislature. 

XXVI. No magistrate or court of law shall demand 
excessive bail or sureties, impose excessive fines, or inflict 
cruel or unusual punishments. 

XXVII. In time of peace, no soldier ought to be quar- 
tered in 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. 

XXVIII. No person can in any case be subjected to law- 
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. 

XXIX. It is essential to the preservation of the rights of 
every individual, his life, liberty, property and character, 
that there be an impartial interpretation of tlie laws, and 
administration of justice. It is the right of every citizen to 
be tried by judges as free, impartial and independent as the 
lot of humanity 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 tliey behave them- 



CONSTITUTION. 9 

selves well, and that tliey should have honorable salaries saianes. 
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 and il^siative * ' 
judicial powers, or either of them : the executive shall never •^^p*'''™«°*^- 
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. 



PAET THE SECOND. 

The Frame of Government. 

The people, inhabiting the territory formerly called the Titieofbody 
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 i*gisiatiTe de- 
by two branches, a Senate and House of Representatives ; ^^^ 
each of which shall have a negative on the other. 

The legislative body [shall assemble every year on the 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. 

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



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 objections 

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'hou^e^'^^ sucli rccousideration, two-thirds of the said senate or house 

notwithstanding, gf 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 prcveiit uiiiiccessary 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. Thc general court shall forever have full power and 

may constitute ^i -x ^ j_ n j."i. j. ' t i. • i j.i? 

judicatories, autlionty to crcct and constitute judicatories and courts ot 
courts of record, pqqoj.,;!^ qj. other courts, to be held in the name of the Com- 
monwealth, for the hearing, trying and determining of all 
manner of crimes, offences, pleas, processes, plaints, actions, 
matters, causes and things, whatsoever, arising or happening 
within the Commonwealth, or between or concerning persons 
inhabiting or residing, or brought within the same ; whether 
the same be criminal, or civil, or whether the said crimes be 
capital or not capital, and whether the said pleas be real, 
Courts, &c., may pcrsoual Or uiixcd ; and for the awarding and making out of 
'^'^™"''^'®'^°*''^^' execution thereupon: to which courts and judicatories are 
hereby given and granted full power and authority, from 
time to time, to administer oaths or affirmations, for the 
better discovery of truth in any matter in controversy, or 
depending before them. 
General court IV. Aud furtlicr, fuU powcr aud authority are hereby 

may enact laws, gj[ygj^ Qjid granted to thc 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 sauic bc uot rcpuguaiit or coutrary to this constitution, 

the constitution; ^^ ^^^^^ ^j^^j^ j^^^^^ ^^ ^^ ^^^, ^j^^ ^^^^ ^^^^ WClfarC of tllls 

Commonwealth, and for the government and ordering thereof, 
and of the subjects of the same, and for the necessary sup- 
port and defence of the government thereof; and to name 



CONSTITUTION. 11 

and settle annually, or provide by fixed laws, for the naming may provide for 
and settling, all civil officers within the said Commonwealth, appointment*of 
the election and constitution of whom are not hereafter in °ffl"=«'^i 
this form of government otherwise provided for ; and to set presi-ribe 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- impose 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 es- 

C156S ' 

reasonable duties and excises upon any jn'oduce, goods, 

wares, merchandise and commodities whatsoever, brought 

into, produced, manufactured, or being within the same ; to fo, defeD?e°^ro-^ 

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 necesssry defence and support of the government of the 

said Commonwealth, and the protection and preservation of 

the subjects thereof, according to such acts as are or shall 

be in force within the same. 

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

1 p 1 -n 1 1 n T • ^ ^'es once ID ten 

tliereoi, shall be assessed on polls and estates, m 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. 
t 

Senate. 

[Art. I. Tlierc shall be annually elected, by the freeholdei"s and Senate, number 
other inhabitants of this Commonwealth, qualified as in this constitution "f^ *t°^ '^^ ''''^°°^ 
is provided, forty persons to be councillors and senators, for the year 
ensuing their election ; to be chosen by the inhabitants of the districts, sce amendments, 
into wliit'h the Commonwealth may, from time to time, be divided by the A^f^- "^U^vtit 
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 



12 



CONSTITUTION. 



district, and the number of councillors and senators to be chosen therein : 
provided, that the number of such districts shall never be less than thir- 
teen ; and that no district be so large as to entitle the same to choose 
more than six senators. 

And the several counties in this Commonwealth shall, until the general 

court shall determine it necessary to alter the said districts, be districts for 

Seeamendmente, the choice of councillors and senatoi-s, (except that the counties of Dukes 

Arts. XIII. and county and Nantucket shall form one district for that purpose,) and shall 

elect the following number for councillors and senators, viz : — 

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



Counties to be 
districts, until, 
&c 



XXII. 



Manner and time 
of choosing sena- 
tors and council- 
lors. 

See amendments, 
Arrs. n., X., 
XIV. and XV. 



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



Word " inhabi- 
tant " defined. 



Selectmen to pre- 
side at town 
meetings. 



Return of votes. 



See amendments 
Art. II. 

Amendments, 
Art. X. 



II. The Senate shall be the first branch of the legisla- 
ture ; [and the senators shall be chosen in the following 
manner, viz. : there shall be a meeting on the first Monday 
in April, annually, forever, of the inhabitants of 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 
of electing persons to be senators and councillors ; and at 
such meetings every male inhabitant of twenty-one years of 
age and upwards, having a freehold estate, within the Com- 
monwealth, of the anjiual 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 
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 hath his home. 

The selectmen of the several towns shall preside at such 
meetings impartially, and shall receive the votes of all the 
inhabitants of such towns, present and qualified to vote for 
senators, and shall sort and count them in open town meet- 
ing, and in presence of the town clerk, who shall make a 
fair record, in presence of the selectmen, and in open town 
meeting, of the name of every person voted for, and of the 
number of votes against his name ; and a fair copy of this 
record shall be attested by the selectmen and the town clerk, 
and shall be sealed up, directed to the secretary of the Com- 
monwealth, for the time being, with a superscription express- 
ing the purport of the contents thereof, and delivered by the 
town clerk of such towns, to the sheriff of the county in 
which such town lies, thirty days at least before [the last 
Wednesday in May, annually ; or it shall be delivered into 



CONSTITUTION. 13 

the 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 inhal)itants of plantations unincorporated, quali- iniiawtants of 

^ ..^ .-, - ■i 1111 unincorporated 

ned as this constitution provides, wlio are or shall be plantations, who 
em])owered and required to assess taxes upon themselves m/y'vote.**^^*' 
toward the sujiport 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^^amendments, 
April,] at such place in the plantations, respectively, as the ^"" ^' 
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 tliey 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 count 
with five of the council, for the time being, shall, as soon as lummonsts'.^^"^ 
may be, examine the returned copies of such records ; and see amendments 
fourteen days before the said day, he shall issue his summons Art. x. 

to such persons as shall appear to be chosen by a majority of 
voters, to attend on that day, and take their seats accord- 
ingly ; [provided, nevertheless, that for the first year, the 
said returned copies shall l^e 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, tliat 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 eiectionsf&c., 
out in the constitution ; and shall, on the said [last Wednes- bers'" °'"""'°" 
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 seiia- anVxxiv. 
tors returned, elected by a majority of votes, for any district, 
the deficiency shall be supplied in the following manner, 



14 CONSTITUTION. 

Vacancies, 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. Provided, nevertheless, that no person shall be capa- 
see amendments, blc of bciug clectcd as a scuator, [wlio is uot seized in his 
xxii^^^^""*^ own right of a freehold, within this Commonwealth, of the 
value of three hundred pounds at least, or possessed of per- 
sonal estate of the value of six hundred pounds at least, or 
of both to the amount of the same sum, and] who has not 
been an 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 w^hich he shall be chosen. 
Senate not to ad- YJ. The scuatc sliall havc power to adiourn themselves : 

journ more than • t -i i t .1 . n. i , 

two days. providcd sucli adjoummcnts do not exceed two days at a 

time, 
shau choose its YII. The scnatc shall choose its own president, appoint 

officers and es- ., /v t i ± ' • 1. ip i- 

tabush its rules, its owu ofttcers, and determine its own rules of proceedings. 

Shall try all im- YIII. Tlic scuate sliall bc a court, with full authority to 

peachments. i^qq^^ 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 accordiiig to cvidence. Their judgment, however, shall not 

sen nee. extcud further than to removal from office, and disqualifica- 

tion to hold or enjoy any place of honor, trust or profit, 
under this Commonwealth : but the party so convicted shall 
be, nevertheless, liable to indictment, trial, judgment and 
punishment, according to the laws of the land. 

Quorum. jx. Not Icss thaii sixtccn members of the senate shall 

constitute a quorum for doing business. 



CONSTITUTION. 15 

CHAPTER I. 

SECTION III. 

House of Representatives. 

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

pi. And in order to provide for a representation of the citizens of Representatives, 
this Commonwealth, founded upon the principle of equality, every cor- ^^ °™'' 
porate town, containing one hundred and fifty ratable polls, may elect See amendments, 
one representative; every corporate town, containing three hundred and andx'x/'^^^^ 
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 eveiy 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 f°g^"*)ian^i5o 
place shall hereafter be incorporated with the privilege of electing a ratable poUa. 
representative, unless there are within the same one hundred and fifty 
ratable polls.] 

And the house of representatives shall have power, from Towns iiabie 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 f,n^®°to and'*^' 
returning home, once in every session, and no more, shall from the general 
be paid by the government, out of the public treasury, to *'°"'^'' °'^^^' ' 
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 re])rcsentatives shall Qualifications of 

,, •'. rip ill J* representative. 

be chosen by written votes; [and, tor one year at least next see amendments, 
precedhig liis election, shall have been an inhabitant of, and anTxx'i"'^^^' 
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 * ^°'®'^" 
ne.xt preceding, having a freehold estate within the same town, of tlie 
annual income of three pounds, or any estate of the value of si.xty pounds, See amendments, 
shall have a ri^ht to vote in the choice of a representative or representa- ^^^^ xxiij. 
tives for the said town.] 



16 



CONSTITUTION. 



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

House alone can 
impeach. 



House to origi- 
nate all money 
bills. 



Not to adjourn 
more than two 
days at a time. 



Quorum. 

See amendments. 

Art. XXI. 

House to judge 
of returns, &c., 
of its own mem- 
bers ; to choose 
its officers and 
establish its 
rules, &c. 
May punish for 
certain offences. 



Privileges of 
members. 



Senate. 

Governor and 
council may 
punish. 

General limita- 
tion. 



Trial may be by 
committee, or 
otherwise. 



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

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

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

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

[IX. Not less than sixty members of the house of representatives shall 
constitute a quorum for doing business.] 

X. The house of representatives shall be the judge of 
the returns, elections and qualifications of its own members, 
as pointed out in the constitution ; shall choose their own 
speaker, appoint their own officers, and settle the rules and 
orders of proceeding in their own house. They shall have 
authority to punish by imprisonment, every person, not a 
member, who shall be guilty of disrespect to the house, by 
any disorderly or contemptuous behavior in its presence ; or 
who, in the town where the general court is sitting, and 
during the time of its sitting, shall threaten harm to the 
body or estate of any of it 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. 

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

XI. The senate shall have the same powers in the like 
cases; and the governor and council shall. have the same 
authority to punish in like cases : provided, that no impris- 
onment, ©n the warrant or order of the governor, council, 
senate or house of representatives, for either of the above 
described offences, be for a term exceeding thirty days. 

And the senate and house of representatives may try and 
determine all cases where their 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. 

SECTION I. 

Governor. 

Art. I. There shall be a supreme executive magistrate, ^^ovemor. 
who shall be styled — The Governor op the Commonwealth 
OF Massachusetts ; and whose title shall be — His Excel- "'^ *'"«• 

LENCY. 

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

f,, . . ' L Art. VII. 

Christian religion. J 

[III. Those persons who shall be qualified to vote for senators and Bywhom chosen, 
representatives, within the several towns of this Commonwealth, shall, at jority of votes. " 
a meeting to be called for that purjiose, on the first Monday of Api-il, 
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 viv'^^dxv 
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 sheriflf 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 ot 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 AVednesday in May, to be by them exam- 
ined ; and in case of an election by a majority of all the votes returned, 
the choice shall be by them declared and published ; but if no person shall How chosen, 
have a majority of votes, the house of representatives shall, by ballot, elect ^^s^^ m° "0^"°° 
two out of four persons, who had the highest number of votes, if so many 
shall have been voted for ; but, if otherwise, out of the number voted for ; 
and make return to the senate of the two persons so elected ; on which, 
the senate shall proceed, by ballot, to elect one who shall be declared 
governor.] 

lY. The governor shall have authority, from time to ^o^er of gor- 
time, at his discretion, to assemble and call together the governor and 
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. 



May adjourn or 
prorogue the gen- 
eral court upon 
request, and con- 
vene the same. 

See amendments, 
Art. X. 



See amendments, 
Art. X. 

Governor and 
council may ad- 
journ the general 
court in cases, 
&c., but not ex- 
ceeding ninety 
days. 



Governor to be 
commander-in- 
chief. 



council, for i\\Q ordering and directing the affairs of the 
Commonwealth, agreeably to the constitution and the laws 
of the land. 

V. The governor, with advice of council, shall have full 
power and authority, during the session of the general court, 
to adjourn or prorogue the same at any time the two houses 
shall desire ; [and to dissolve 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. 

[And the governor shall dissolve the said general com-t on the day next 
preceding the last Wednesday in May.] 

VI. In cases of disagreement between the two houses, 
with regard to the necessity, expediency or time of adjourn- 
ment or prorogation, the governor, with advice of the coun- 
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. 

VII. The governor of this Commonwealth, for the time 
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 com- 
mander, 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 exercise, 
over the army and navy, and over the militia in actual ser- 
vice, the law martial, in time of war or invasion, and also in 
time of rebellion, declared by the legislature to exist, as 



CONSTITUTION. 10 

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 oflfices 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 tliem by land or water, for the defence of such part of 
the State to which they cannot otherwise conveniently have 
access. 

Vni. The power of pardoning offences, except such as Governor and^ 
persons may be convicted of before the senate, by an impeach- don ocfences, 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 ^o"ny?c«on!**"* 
governor, with advice of the council, before conviction, shall 
avail the party pleading the same, notwithstanding any gen- 
eral or particular expressions contained therein, descriptive 
of the offence or offences intended to be pardoned. 

IX. All judicial officers, [the attorney-general, the solici- ^eisi &^!to°w ' 
tor-general, all sheriffs,] coroners [and registers of probate,] nominated and 
shall be nominated and appointed by the governor, by and see amendments, 
with the advice and consent of the council ; and every such andxix.'''''^"' 
nomination shall be made by the governor, and made at 

least seven days prior to such appointment. 

X. The captains and subaltcrans of the militia shall be tdli^teS''^' 
elected l^y the written votes of the train-band and alarm list 

of their respective companies, [of twenty-one years of age sce amendments, 

and upwards ;] the field of^cers 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 oflficers of their respective brigades ; 

and such oflficcrs, so elected, shall be commissioned by tlie now commis- 

governor, who shall dctcrnnnc their rank. 

The legislature shall, by standing laws, direct the time i^ctionsof 
and maimer 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, 
&c. 



Offlcers duly- 
commissioned, 
how removed. 
See amendments, 
Art. IV. 

Adjutants, &c., 
how appointed. 

Adjutant-gen- 
eral. 

Army oflScers, 
how appointed . 



Organization of 
militia. 



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



Public boards 
and certain offi- 
cers to make 
quarterly re- 
turns. 



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

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

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

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

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

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

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

XII. All public boards, the commissary-general, all super- 
intending officers of public magazines and stores, belonging 
to this Commonwealth, and all commanding officers of forts 
and garrisons within the same, shall, once in every three 
months, officially and witliout 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 tlieir accoutrements, 
and of all other public property whatever under their care, 
respectively ; distinguishing the quantity, number, quality 
and kind of each, as particularly as may be ; together with 



CONSTITUTION. 21 

the condition of such forts and garrisoni; ; and the said com- 
manding officer shall exhibit to the governor, when required 
by him, true and exact jjlans 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 guvcrnor salary of gor- 
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 st^lary, of 
a fixed and permanent value, amply sufficient for those pur- 
poses, and established by standing laws : and it shall be 
among the first acts of the general court, after the com- 
mencement of this constitution, to establish such salary by 
law accordingly. 

Permanent and honorable salaries shall also be established ucwlff BuVreme 
by .law for the justices of the supreme judicial court. judicial court. 

And if it shall be found that any of the salaries aforesaid, fa^'rged'innauffl' 
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-gov- 
governor of the Commonwealth of Massachusetts, whose title InTquaiiLa- * 
shall be — His Honor ; and who shall be qualified, in point *"'°*" 
of religion, property, and residence in the Commonwealth, i'^^ts^'in'^vrx' 
in the same manner with the governor ; and the day and ana xv. ' 
manner of his election, and the qualifications of the electors, 
shall be the same as are required in the election of a gov- 
ernor. The return of the votes for this officer, and the now chosen, 
declaration of his election, shall be in the same manner ; 
[and if no one person shall 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 
case, &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 gov- 
ernor 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 incum- 
bent upon the governor, and shall have and exercise all the 
powers and authorities, which, by this constitution, the gov- 
ernor is vested with, when personally present. 



CHAPTER II 



SECTION III. 



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. 



Council, and the Marnier 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 persons 
returned for councillors and senators, on the last AVednesday in May, by 
the joint ballot of the senators and representatives assembled In one room; 
and in case there shall not be found, upon the first choice, the whole num- 
ber of nine persons who Avill accept a seat In the council, the deficiency 
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 accej^tlug 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 

Y. The resolutions and advice of the council shall be Register of coun- 
rccordcd in a register and signed l)y 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- ^°""Jjg power"^' 
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. 

[Vn. And whereas the elections appointed to be made by this consti- ^^^ou^^e^^'Jii^^ 
tution on the last Wednesday in May annually, by the two houses of the g^^. ' 

lef];islature, 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 xxv.^^^ *°** 
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, Sfc. 

Art. I. [The secretary, treasurer and receiver-general, secretary, &c; 
and the commissary-general, notaries public and naval offi- howcho.sen. 
cers, shall be chosen annually, by joint ballot of the senators iX.'^v"t^d°'*' 
and rcjiresentatives, in one room.] And, that the citizens of ^'^"• 
this Commonwealth may be assured, from time to time, that Treasurer ineiigi- 

. , . . •' . J , IT. ii , ble for more than 

the moneys remannng m the public treasury, upon tlie set- eve 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 
the office of the secretary, who may appoint his deputies, tend u/e gov- 
for whose conduct he shall be accountable ; and he shall e7i"&c"°'^-"°' 
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. 

JUDICIAEY POWER. 

Tenure of all Art. I. Tlic teiiiire tliat all commissioii officers shall by 

cers to be ex- law liave ill thoii' offices shall be expressed in their respective 
judfciai officers commissioiis. All judicial officers, duly appointed, commis- 
ing^'good^tha-'^' sioned and sworn, shall hold their offices during good be- 
Tior, except, &c. havior, exccptiiig such concerning whom there is different 
MayberemoTed provisioii made in this constitution: provided, nevertheless, 
on address. ^|^g govemor, with conscut of the council, may remove them 

upon the address of both houses of the legislature. 
Justices of su- H. Eacli braucli of the legislature, as well as the governor 
couHTtTgive and council, shall have authority to require the opinions of 
Mqulred.^*^^"^ tlic justiccs of thc suprcmc judicial court, upon important 

questions of law, and upon solemn occasions. 
Justices of the JH, 111 ordcr that the people may not suffer from the 

peace; tenure of i ,. • ^ />•"!• ^ ^i i 

their office. loug contmuaiice in place oi any justice oi the peace, who 

shall fail of discharging the important duties of his office 

with ability or fidelity, all commissions of justices of the 

peace shall expire and become void in the term of seven 

years from their respective dates ; and, upon the expiration 

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

or another person appointed, as shall most conduce to the 

well being of the Commonwealth. 

Provisions for YV , Tlic judgcs of probatc of wills, and for granting 

courte.^ ^^° * 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- [|Y. j^w causes of marriage, divorce and alimony, and all appeals from 

how^defermined! *^6 judges of probate, shall be heard and determined by the governor and 

council until the 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 
^^^' 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 thc 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 V. 

THE UNIVERSITY AT CAMBRIDGE, AND ENCOURAGEMENT OP 
LITERATURE, &C. 

SECTION I. 

Tlie University. 

Art. I. Whereas our wise and pious ancestors^ so early Harvard college, 
as the year one thousand six lumdred 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 f °",*"ji p"^!: ^ 
President and Fellows of Harvard College, in their pre8ident'ai°d feit 
corporate capacity, and their successors in that capacity, *°'^^' '^*'°fi™*'*- 
their officers and servants, shall have, hold, use, exercise 
and enjoy, all tlic powers, authorities, rights, liberties, privi- 
leges, immunities and franchises, which they now have, or 
are entitled to have, hold, use, exercise and enjoy ; and the 
same are hereby ratified and confirmed unto them, the said 
president and fellows of Harvard College, and to their 
successors, and to their officers and servants, respectively, 
forever. 

II. And whereas there have been, at sundry times, by Property deyised. 
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 Eng- 
land, or to the president and fellows of Harvard College, or 
to the said college, by some other description, under several 
charters successively ; it is declared, that all the said gifts, G'fjs, grants, 

,.-•'. - ' ^ ^ c *"^ conveyances 

grants, devises, legacies and conveyances, are hereby forever confirmed, 
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 "ers'ls'tabirslfed 
colony of Massachusetts Bay, passed in the year one thou- ty cen^erai court 
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 



26 



CONSTITUTION. 



Overseers estab- 
lished by consti- 
tution. 



Power of altera- 
tion reserved to 
the legislature. 



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 
appertaining, to the overseers of Harvard College : provided, 
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 let- 
ters, in as full a manner as might have been done by the 
legislature of the late Province of the Massachusetts Bay. 



CHAPTER V. 
SECTION II. 

The Encouragement of Literature, Sfc. 

Duty of legisia- Wisdom and knowledge, as well as virtue, diffused gen- 
traTe'slnliKif-'' erally among the body of the people, being necessary for 
ture periods. ^-^q prcscrvation of their rights and liberties ; and as these 

See amendments, i ti •• ni p 

Art. xviii. depend on spreading the opportunities and advantages oi 
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. 2' 

CHAPTER YI. 

OATHS AND SUBSCRIPTIONS; INCOMPATIBILITY OF AND EXCLU- 
SION FROM offices; pecuniary qualifications; COMMIS- 
SIONS ; WRITS ; CONFIRMATION OF LAWS ; HAIJEAS CORPUS ; 
THE ENACTING STYLE ; CONTINUANCE OF OFFICERS ; PROVISION 
FOR A FUTURE REVISAL OF THE CONSTITUTION, <fcc. 

Art. I. [Any person chosen governor, lieutenant-governor, councillor. Declaration of 
senator or representative, and accepting the trust, shall, before he proceed w^g^ativVo^- 
to execute the duties of his place or office, make and subscribe the follow- cere, 
ing 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. \II. 
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.] 

A.nd every person chosen to either of the places or offices Declaration and 

n •!! -iT ••ij. oaths of all 

aforesaid, as also any person appointed or commissioned to officers, 
any jndicial, 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 right ought to ^^' 
be, a free, sovereign and independent State ; and I do swear, that I will 
bear true faith and allegiance to the said Commonwealth, and that I will 
defend the same against traitorous conspiracies and all hostile attempts 
whatsoever; and that I do renounce and abjure all allegiance, subjection 
and obedience to the king, queen or government of Great Britain, (as the 
case may be.) and every other foreign power whatsoever ; and that no 
foreign prince, person, prelate, state or potentate, hath, or ought to have, 
any jurisdiction, superiority, pre-eminence, authority, dispensing or other 
power, in any matter, civil, ecclesiastical or spiritual, within this Common- 
wealth ; except the authority and power which is or may be vested by 
their constituents in the congress of the United States: and I do further 
testify and declare, that no man, or body of men, hath, or can have, any 
right to absolve or discharge me from the obligation of this oath, declara- 
tion 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 disciiarge and perform all the duties 
incumbent on me as , according to the 



28 CONSTITUTION. 

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

See amendments, [Provided, always, that when any person, chosen or appointed as aforc- 
^^*" ^^' 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- j^i^^ the Said oaths or affirmations shall be taken and sub- 

ations, how ad- m i i i 

ministered. scribecl by the governor, lieutenant-governor and councillors, 
before the president of the senate, in the presence of the two 
houses of assembly ; and by the senators and representatives 
first elected under this constitution, before the president and 
five of the council of the former constitution ; and forever 
afterwards before the governor and council for the time 
being ; and by the residue of the officers aforesaid, before 
such persons, and in such manner, as from time to time 
shall be prescribed by the legislature. 

Plurality of offl. H. No govcmor, licutenant-sovcriior, or iudo-e of the 

C63 DrOQlDlted, to ■' «' O 

governor, &3., suprcmc judicial court, shall hold any other office or jalace, 
except, &c. under the authority of this Commonwealth, except such as 
ArlTnL'"^°'^' ^y ^^^^^ constitution they are admitted to hold, saving that 
the judges of the said court may hold the offices of justices 
of the peace through the State ; nor shall they hold any 
other place or office, or receive any pension or salary from 
any other State, or government or power, whatever. 
Same subject. No pcrsoii sliall 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 the office of judge of the supreme 

judicial court — secretary — attorney-general — [solicitor-gen- 
in.^viTi!'"*"'^' ci'fil] — 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 honse of representatives ; bnt 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 ^a^e 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 s'eat in ^^teYdis^uajm-' 
the legislature, or any office of trust or importance under cauon. 
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 ^certa^ned!*"*^ 
this constitution, the value thereof shall be computed in Property quaua- 
silver, at six shillings and eight pence per ounce ; and it *^^ °°^' 
shall be in the power of the legislature, from time to time, I't.Tm.'"*''*'' 
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- ProT>sions re- 

., -, spectingcommis- 

monwealth oi Massachusetts, signed by the governor, and sions. 
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 ^p^l^°^l^C>. 
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 

' 1 ■r> • /-I 1 or fo'^nier laws, es- 

used and approved, m the Provnice, Colony or btate oi cept, &c. 
Massachusetts Bay, and usually practised on in the courts 
of law, shall still remain and be in full force, until altered 
or repealed by the legislature ; such parts only excepted as 
are repugnant to the rights and liberties contained in this 
constitution. 

VII. The privilege and benefit of the writ of habeas Benefit of habeas 
corpus shall be enjoyed in tliis Commonwealth, in the most except/&c. ' 
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. 



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

Officers of former px. To the end there may be no failure of justice, or danger arise to 
«7uJd untu, &c' t^ie Commonwealth, from a change of the form of government, all officers, 
civil and military, holding commissions under the government and people 
of Massachusetts Bay, in New England, and all other officers of the said 
government and people, at the time this constitution shall take effect, 
shall have, hold, use, exercise and enjoy all the powers and authority to 
them granted or committed, until other persons shall be appointed in 
their stead ; and all courts of law shall proceed in the execution of the 
business of their respective departments; and all the executive and legis- 
lative officers, bodies and 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 effijctually to adhere 'to the pi-Inciples of the 
constitution, and to correct those violations which by any means may be 
made therein, as well as to form such alterations as from experience shall 
be found necessary, the general court, which shall be in the year of our 
Lord one thousand seven'hundred and ninety-five, shall issue 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 prantations, 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 votes 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 
convention for the purpose aforesaid. 

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

Provision for pre- XI. This form of ffovernmcnt shall be enrolled on parcli- 

serving and pub- ,, ..t.,i , t rv t ^ j. 

lishing this con- mcut, and deposited m the secretary s omce, and be a part 
stitution. ^^ ^^^^ j^^^g ^^. ^j^^ j^^^^ . ^^^^ printed copies thereof shall be 

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



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



Same subject. 



CONSTITUTION. 31 

ARTICLES OF AMENDMENT. 

Art. I. If any bill or resolve shall be objected to, and BiiK&c.,notap- 
not approved by the governor ; and if the general court shall fivrdayr,'no?to 
adjourn within five days after the same sliall have been laid j'eg'isI^ture'^Jd-'^ 
before the governor for his approbation, and thereby prevent Jo"'"° '° ^^^ 

. 11162111 tim6* 

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 

, . ° - . ... t empowered to 

autliority 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 p^^'so- 
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, sliall 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 

-, ^ ^ • 11 Toters for gorer- 

anu upwards, (excepting paupers and persons under guar- nor, lieutenant- 
dianship,) who shall have resided within the Commonwealth tor^and^'reprt' 
one year, and within the town or district, in which he may p^c^^sg*" ^^ 
claim a right to vote, six calendar months next preceding see amendments, 
any election of governor, lieutenant-governor, senators or xxiii. and 
representatives, and Avho shall have paid, by himself, or his ^^^^' 
parent, master or giiardian, 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. 

Notaries public, Art. TV. NotariGs public shall be appointed by the srov- 

how appointed • ii ■ t • i hti • ^ n 

and removed. cmor, 111 the same manner as judicial oincers 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 case the office of secretary or treasui'er of the Commonwealth shall 
offices of secreta- bg^ome vacant from any cause, during the recess of the general court, the 
howfiUedincaseJ governor, with the advice and consent of the council, shall nominate and 
&c. appoint, under such regulations as may be prescribed by law, a competent 

A^t.^x^^r^^ ' ^'i*^^ suitable person to such vacant oflice, Avho shall hold the same until a 
successor shall be appointed by the general court.] 

Commissary-gen- Whenever the exigencies of the Commouwealth shall 

pointed, in case, rcquirc the appointment of a commissary-general, he shall 

"' be nominated, appointed and commissioned, in such manner 

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

be removed from office in such manner as the legislature 

may, by law, prescribe. 

Who may vote Art. V. Ill the clcctioiis of captaiiis and subalterns of 
subait^er^il^.* ^"^ the iiiiUtia, all the members of their respective compauieSj as 

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

shall have a right to vote. 

Oath to be taken Art. VI. Instead of the oath of allegiance prescribed by 

Dv &I1 officers o 1 •/ 

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." 
ProTiso: Quaker Proviclecl, That wlicii any person shall be of the denomi- 
may affirm. j^atioii callcd Quakcrs, and shall decline taking said oath, 
he shall make his affirmation in the foregoing form, omitting 
the word " swear," and inserting, instead thereof, the word 
" affirm,"- and omitting the words, " So help me, God," and 
subjoining, instead thereof, the words " This I do under the 
pains and penalties of perjury." 

Tests abolished. ^p^^^ yjj^ j^q oath, declaration or subscription, except- 
ing the oath prescribed in the preceding article, and the 
oath of office, shall be required of the governor, lieutenant- 
governor, councillors, senators or representatives, to qualify 
them to perform the duties of their respective offices. 



CONSTITUTION. 33 

Art. VIII. No iuclKC of aiiv court of this Commonwealth, incompatibility 
(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- Amendments to 
ticular amendment or amendments to the constitution be mrde! " '°"' 
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, Avith 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 l)y a majority of the senators and two-thirds of 
the members of the house of representatives present and 
voting thereon, then it sliall 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 commencement 
"Wednesday of January, instead of the last Wednesday ^f ° p'""^'' >**■■' 
May ; and the general court shall assemble every year on 
the said first Wednesday of January, and shall proceed, at that 
session, to make all the elections, and do all the other acts, 
which are by the constitution required to be made and done 
at the session which has heretofore commenced on the last 
Wednesday of May. And tlic general court shall be dis- and termination 

5 



34 



CONSTITUTION. 



Meetings for the 
choice of gover- 
nor, lieutenant- 
governor, &c., 
when to be held. 
May be adjourn- 
ed. 

See amendments, 
Art. XV. 



Article, when to 
go into opera- 
tion. 



Inconsistent pro- 
visions annulled. 



solved on the day next preceding the first Wednesday of 
Janiiary, Avithout any prochxmation 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 nest 
following the first Wednesday of January, and until others 
are chosen and qualified in their stead. 

[The meeting for the choice of governor, lieutenant-governor, senators 
and representatives, shall be held on the second Monday of November in 
every year; but meetings may be adjourned,if necessary, for the choice of 
representatives, to the next day, and again to the next succeeding day, 
but no further. But in case a second meeting shall be necessary for the 
choice of representatives, such meetings shall be held on the fourth Monday 
of the same mouth 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. 

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

All the provisions of the existing constitution, inconsist- 
ent with the provisions herein contained, are hereby wholly 
annulled. 



Religious free- 
dom established. 



Art. XI. Instead of the third article of the bill of rights, 
the following modification and amendment thereof is substi- 
tuted : — 

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



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 holdcn 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 denomination, demeaning themselves peaceably, 
and as good citizens of the Commonwealth, shall be equally 
under the protection of the law ; and no subordination of 
any one sect or denomination to another shall ever be estab- 
lished by law." 

[Art. XII. In order to provide for a representation of the citizens of Census of ratable 
this Commonwealth, founded upon the principles of equality, a census of P°|Ll° ''^ 'aken 
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 after, 
office, in such manner as the legislature shall provide, within the month 
of May, in the year of our Lord one thousand eight hundred and thirty- 
seven, and in every tenth year thereafter, in the month of May, in manner 
aforesaid : and each town or city having three hundred ratable jioUs at the Representatives, 
last preceding decennial census of polls, may elect one representative, how apportioned. 
and for every four hundred and fifty ratable polls, in addition to the first Arts-'xiii^and' 
three hundred, one representative more. xxi. 

Any town having less than three hundred ratable polls shall be repre- Towns having 
sented thus : The whole number of ratable polls, at the last preceding i®f ^ *° n°°i,„ 

1 • 1 /• 11 1 11 1 1 • 1. 1 1 -11 1 " ratable polls, now 

decennial census oi polls, shall be multiphed 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 into repre.seuta- 
towns and districts, respectively, called for that purpose, and held previous ''^* districts, 
to the first day of July, in the year in which the decennial census of polls 
shall be taken, form themselves into a representative district, to continue 
until the ne.xt 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 to-wn containing the 

same number of ratable polls. 
Tiie governor and The governor and council shall ascertain and determine, -within the 
mi^e'thenumbJr months of July and August, in the year of our Lord one thousand eight 
of representatives hundred and thirty-seven, according to the foregoing principles, the num- 
to which each ]^qj. q£ representatives -which each city, to-ivn and representative district is 
town IS entitled. .• i i i . i ,i i n • ^ • i • i n 

eutitlecl to elect, ana the number ot j'ears, -within the period oi ten years 

then next ensuing, that each city, town and representative district may 
New apportion- elect an additional representative ; and -vvhere any tow-n has not a suffi- 
ment to be made (.Jent number of polls to elect a representative each year, then, how man-y 

CBce in everj' ten -^1 • ^i ■'^ i -^ i "^ • , 

years. years -withm 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, to-wn 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 forth-vvith for the information of the people, and that 
number shall remain fixed and unalterable for the period often years. 

lill^^ff^^,',!?!^" -A-11 the provisions of the existing constitution inconsistent -with the 
provisions herein contained, are hereby -wholly annulled.] 

Census of inhabi- Art. XIII. [A census of the inhabitants of each city and to-wn, on the 
in'l84o! and de-" ^^^^ '^^y ^^ ^^^7' ^^^^^ ^® taken and returned into the secretary's office, 
cenniaiiy there- on Or before the last day of June, of the year one thousand eight hundred 
after, for basis of ^nd forty, and of every tenth year thereafter ; which census shall detcr- 
See amendments mine the a^iportionment of senators and representatives for the term of 
Art. XXII. ' ten years. 

Senatorial dis- The several senatorial districts now existing, shall be permanent. The 

il'^l^o*^**^^?"^^'* senate shall consist of forty members : and In the year one thousand ei^ht 

permanent. iiiip i i i,^i i 

See amendments, hundred and lorty, and every tenth year thereaiter, 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 
appon'ioned."'' the following manner : Every town or city containing twelve hundred 
See amendments, Inhabitants, may elect one representative ; and two thousand four hun- 
Art. XXI. dred inhabitants shall be the mean increasing number, -which shall entitle 

it to an additional representative. 
Small towns, how Every town containing less than t-(velve 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 tlie 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 
tive (totrict*s°*^' ^^^^ 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, which would belong to a town containing the 
same number of inhabitants. 
Basis of represen- The number of Inhabitants which shall entitle a town to elect one rep- 
onncre^e.'^^"° resentatlve, and the mean increasing number, -^vhlch shall entitle a town 
or city to elect more than one, and also the number by which the popula- 
tion of toAvns, 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 ol"thc 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 shall be 
made, respectively, to the said numbers above mentioned. 

In the year of each decennial census, the governor and council shall, The governor and 
before the first day of September, apportion the number of representatives t°on°thV number 
which each city, town and rejiresentative district is entitled to elect, and of representatives 
ascertain how many years, within ten years, any town may elect a repre- of each town once 
sentative, which is not entitled to elect one every year ; and the governor yearl*'^ 
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 AVednesday of January, or as soon thereafter as may be, ''er!" aUar'e* 
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 

1 .'•'. ... qualification not 

be required as a qualification lor holding a seat m either required. 
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 pruwutyofvofes. 
constitution, the person having the highest number of votes 
shall be deemed and declared to be elected. 

Art. XY. The meeting for the choice of governor, lieu- Time of annual 
tenant-governor, senators and representatives, shall be held ern^oTrnd fegu- 
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. XYI. Eight councillors shall be annually chosen by Eight councillors 
the inhabitants of this Commonwealth, qualified to vote for the'*peo'l)°ie!° ^^ 
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 
shall have been adopted, and at its first session after the district state. 
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. 



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

Eligibility defin- established by the legislature. No person shall be eligible 
to the office of councillor who has not been an inhabitant of 
the Commonwealth for the term of five years immediately 

of'eiectfo^&c!"^ preceding his election. The day and manner of the elec- 
tion, the return of the votes, and the declaration of the said 
elections, shall be the same as are required in the election 
of governor. Whenever there shall be a failure to elect the 
full number of councillors, the vacancies shall be filled in the 
same manner as is required for filling vacancies in the senate ; 
and vacancies occasioned by deatli, removal from the State, 
or otherwise, shall be filled in like manner, as soon as may 

Organization of \)q after sucli vacaucics shall have haijpened. 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 there shall be no election of 
either of said officers, the legislature shall proceed to fill 
such vacancies in the manner provided in the constitution 
for the choice of such officers. 



Vacancies, how 
filled. 



the government. 



Election of secre- 
tary, treasurer, 
auditor and at- 
torney-general 
by the people. 



Vacancies, how 
filled. 



Art. XYII. The secretary, treasurer and receiver-gen- 
eral, auditor, and attorney-general, shall be chosen annually, 
on the day in November prescribed for the choice of gov- 
ernor ; and each person then chosen as such, duly qualified 
in other respects, shall hold his office for the term of one 
year from the third Wednesday in January next thereafter, 
and until another is chosen and qualified in his stead. The 
qualification of the voters, the manner of the election, the 
return of the votes, and the declaration of the election, shall 
be such as are required in the election of governor. In 
case of a failure to elect either of said officers on the day in 
November aforesaid, or in case of the decease, in the mean 
time, of the person elected as such, such officer shall be 



CONSTITUTION. 39 

chosen on or before the thh-d Wednesday in January next 

thereafter, from the two persons who had the highest number 

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

by joint ballot of the senators and representatives, in one 

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

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

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

session of the general court, such vacancy shall in like 

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

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

by the governor by appointment, with the advice and consent 

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

qualified in other respects, shall hold his office until his 

successor is chosen and duly qualified in his stead. In To qualify within 

case any person chosen or appointed to either of the offices wise office°to be" 

aforesaid, shall neglect, for the space of ten days after he <ieemed 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 of Qualification re- 

said offices unless he shall have been an inhabitant of this 

Commonwealth five years next preceding his election or 

appointment. 



quisite. 



Art. XYIII. All moneys raised by taxation in the towns ^^^°^i ^°r^l 
and cities for the support of public schools, and all moneys for sectarian 



applied 



schools. 



which may be appropriated by the State for the support of 
common schools, shall be applied to, and expended in, no 
other schools than those which 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 ^egisutuie to 

. f. i 1 . ^° 1 • f r> • f ' .' D _ prescribe for the 

laAv, lor the election oi sheriffs, registers of probate, commis- election of sher- 
sioners of insolvency, and clerks of the courts, by the people \,Tob^^ef&c.°hr 
of the several counties^ and that district-attorneys shall be ^'^'^ p^^p'®- 
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- 

d. •iij. /v. ^ .1 . . <i-/^ tution m English 

igiijle to omce under the constitution oi this Common- and writing, ne- 

wealth, who shall not be able to read the constitution in the tionsTr Voters'.''" 

English language and write his name : provided, hoivever, 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. 

TXTanV onn- ^^'^- ^^I' ^ cousus of the legal voters of each city and 
habitants, when towu, ou tlic first day of May, shall be taken and returned 
^°' ''' into the office of the secretary of the Commonwealth, on or 
cha ^er 2^^' ^'^'' ^^^^rc 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 deter- 
mine the apportionment of representatives for the periods 
between the taking of the census. 
of°240^ members; Thc liousc of representatives shall consist of two hundred 
tobe^appMtkTned ^^^^ forty mcmbcrs, which shall be apportioned by the legis- 
upoa basis of le- laturc, at its first session after the return of each enumeration 
ga voers. as aforcsald, 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 
certify to officers ^^^^ couuty of Plymouth ; and it shall be the duty' of the 
authorized to di- sccrctary 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, 
Meeting for divi- the couutv commissioucrs of other counties than Suffolk, — 

sion to be first • t c -, tit f>i • c -n, 

Tuesday in Au- Or lu licu ot the mayor and aldermen ol the city ot Boston, 
^^^'' or of the county commissioners in each county other than 

Suffolk, such board of special commissioners in each county, 
to be elected by the people of the county, or of the towns 
therein, as may for that purpose be provided by law, shall, 
on the first Tuesday of August next after each assignment 
of representatives to each county, assemble at a shire town 
of their respective counties, and proceed as soon as may be. 
Proceedings. to divide the same into representative districts of contiguous 
territory, so as to apportion the representation assigned to 
each county equally, as nearly as may be, according to the 
relative number of legal voters in the several districts of 



CONSTITUTION. 41 

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

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

any district be made Avhicli shall be entitled to elect more 

than three representatives. Every representative, for one Quaiificationg of 

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

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

cease to represent such district when he shall cease be an 

inhabitant of the Commonwealth. The districts in each D'^'tricts to be 

Till T • 1 numbered, ue- 

county shall be numbered by the board creatuig tlie same, scribed and c«rti- 

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 ^u^u^ * 

quorum for doing business ; but a less number may organize 

temporarily, adjourn from day to day, and compel the 

attendance of absent members. 

Art. XXII. A census of the legal voters of each city and ^^j'j'Jfij^iJ^"**" 
town, on tlie first day of May, shall be taken and returned tobetakea. 
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 voters to be basis 
census aforesaid, a special enumeration shall be made of of^natorr°*°' 
the legal voters, and in each city said enumeration shall 
specify the number of such legal voters aforesaid, residing 
in each ward of such city. The enumeration aforesaid shall 
determine the apportionment of senators for the periods 
between the taking of the census. The senate shall consist senate t« ••Mist 
of forty members. The general court shall, at its first session senat^r!^ du- 
after eacli next preceding special enumeration, divide the *"'^'^' ^^' 
Commonwealth into forty districts of adjacent territory, each 
district to contain, as nearly as may be, an equal number of 
legal voters, according to the enumeration aforesaid : pro- Proviso- 
vided, hoicever, 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 Quaiiiv»tion8 of 
elect one senator, who shall have been an inhabitant of this 
Commonwealth five years at least immediately preceding his 

6 



42 



CONSTITUTION. 



Sixteen members 
a (lucrum. 



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 
be an inhabitant of the Commonwealth. Not less than 
sixteen senators shall constitute a quorum for doing busi- 
ness ; but a less number may organize temporarily, adjourn 
from day to day, and compel the attendance of absent 
members. 



Residence of two [Akt. XXIII. No person of foreign birtli sliall be entitled to vote, or 

^!']yfJr'^^H?;fi°^ shall be eligible to office, unless he shall have resided within the jurisdic- 

zen, to entitle to tion of the United btates for two years subsequent to his naturanzation, 

suffrage or make ^iid shall be otherwise qualified, according to the constitution and laws of 

[See amendment t'"s Commonwealth : provided, that this amendment shall not affect the 

Art. XXVI.] rights Avliich 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 
senate. 



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



Vacancies in the 
counci]. 



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



Twenty-third ar- 
ticle of amend- 
ments annulled. 



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



CONSTITUTION. 4r3 



The Framing and Popular Adoption of the Constitution. 

The Constitution of Massachusetts was agreed upon by delegates 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, 1 780, when the convention adjourned to meet on the first 
"Wednesday of the ensuing June. In the meantime the Constitution was 
submitted to the people, to be adopted by them, provided two-thirds of the 
votes given should be in the aflBrmative. 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. 

Articles of Amendment. 
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 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 was adopted by the legislatures of the political 
years 1832 and 1833, and was approved by the people, November 11, 
1833. 

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

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

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

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



44 CONSTITUTION. 

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

The twenty-fourth and twenty-fifth wAjticles were adopted by the legis- 
latures of the political years 1859 and 1860, and ratified by the people on 
the seventh day of May, 1860. 

The twenty-sixth Article was adopted by the legislatures of the political 
years 1862 and 1863, 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, 3G, 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-tliirds 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 Eatable 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, &c., . 

" " to make Quarterly Returns, 

Commissioners of Insolvency, how chosen, ..... 
Commission Officers, Tenure of, to be expressed in Commission, 
Commissions, how masle, 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, 

" Eevision of in 1795, provided for, .... 

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

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, 

" Eank and Qualifications of Members of, 

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

" Eesolutions 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. 



22 



Page. 


36, 


40 


40, 


41 




35 




31 




11 




26 




32 




20 




39 




24 




29 




24 




24 




33 




33 




30 




30 




19 




22 




23 


23 


37 




28 


90! 
— > 


23 


99 


38 




23 




23 


38, 


42 




33 


8, 


21 




10 




39 




10 


C 


, 7 



D. 



Debate, Ereedora of, in Legislature, affirmed, .... 

Declaration of Rights, 

Delegates to Congress, how chosen, 

" " may be recalled, and others commissioned, 

District- Attorneys, how chosen, 

Districts, Councillor, how established and arranged, . 



4 

24 

24. 

39 

12, 37, 38 



INDEX TO THE CONSTITUTION. 



47 



Districts, Representative, how formed, 

" " Towns may unite in, . 

" Senatorial, how established and arrangcxl, 

Divorce and Alimony, causes of, how determined. 



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



Page. 

40 

35, 36 

12, 3«, 41 

24 



11 



E. 

Elections, by Legislature, Order and Adjournment of, 
" by the People, Plurality of votes to prevail in, 
" 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 



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, qualitications of, 17, 27, 32 

" Salary of, 21 

" when and how chosen, 1", 31, 34, 37 

" Official Title of, 17 



48 



INDEX TO THE CONSTITUTION. 



Governor to be sworn in presence of lioth Houses, . . . . 

" the holding of other Offices 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. 



Hon 



Habeas Corpus, benefit of, secured, 

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

Harvard College, Powers, Privileges, Grants, &c., confirmed to, 
" who shall be Overseers of, ... . 
" Government of, may be altered by Legislature, 

ISO of Representatives, 

" Members of, how apportioned and chosen, 

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

" qualifications of Voters for Members of, lo, 

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

own I\tenibers, 

" to choose its own officers, establish its own 

Rules, &c., 

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

*' may try and determine all cases involving 

its Rights and Privileges, 
" shall be the Grand Inquest to Impeach, 

" all Money Bills to originate in, . 

" not to adjourn for more than two days, 

" Quorum of, 

«' Members of, exempt from arrest on Mean 

Process 

" Towns may be fined for neglecting to return 

Members to, 

" Travelling Expenses of Members of, how 

paid, 

" Oaths or Affirmations of Members of, how 

taken and subscribed to, . . . 27, 



Page. 


27, 


28 


28, 


33 




18 




17 




19 




9 


9, 


10 




18 


13, 


38 




29 




29 




25 




2G 




2Q 




15 


15, 


16 


41 


42 


37 


41 


31 


39 



16 

16 

16 

16 
16 
16 
16 
16,41 

16 

15 

15 

28, 32 



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, liow chosen, 39 

Instruction of Representatives and Petition to Legislature, Rights of, 

affirmed, 7 



Judicatories and Courts of Record, Legislature may establish, . 

•' " " may administer Oaths and Affir 
mations, 

Judicial Department, not to exercise Legislative or Executive Powers 

" Officers, how appointed, 

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

" " may be removed on Address of Legislature, 

Judiciary Power, 

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

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

" " Appeals from, how heard and determined, 

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

Jury, Right of Trial by, secured, 

Justices of the Peace, Tenure of Office of, 

" " Commissions of, may be renewed, 

" Supreme Judicial Court, Tenure of Office, and Salaries of, 
*• " " " what other Offices may not be held 

" " " " Opinions of, may be required by 

Executive or either branch of Legislature, . . i 



10 

10 

9 

19 

24 

24 

24 

33 

24 

24 

83 

7 

24 

24 

21, 24 

28, 33 

24 



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

not to be subject to, but by authority of Legislature, . 
Laws, every Person to have remedy in, for injury to Person or Property 
" Hz Post Facto, unjust and inconsistent with Free Government 
" not repugnant to Constitution, Legislature may make, 
" of Province, Colony or State of Massachusetts Bay, not repug 

nant to Constitution, continued in force, 
" power of suspending, only in Legislature, .... 
Legal Voters, Census of, to be taken for representative apportion 

ment, 35, 

Legislative Department, not to exercise Executive or Judicial Powers 

*' Power, 

Legislature. See General Court. 

Lieutenant-Governor, 

*' " when and how chosen, 

" " official title of, . 

*' " qualifications of, ... 

7 



10 



29 



3G, 40, 41 
9 
9 



21 

21, 31, 33, 34, 37 
21 
21 



50 INDEX TO THE CONSTITUTION. 

Page. 

Lieutenant-Governor, po^vers and duties of, 22 

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

Literature, Encouragement of, 2G 

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, Kegiments 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 

0. 

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 
Offences. See Crimes and Offences. 

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

" Equal Right of all to, affirmed, G 

" 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. 

Offices, Militia, vacancies in, how filled, 20 

" Incompatible, 2S, 33 

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

P. 

Pardon, Power of, vested in Governor and Council 19 

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

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

Petition and Instruction, Eight of, affirmed, 7 

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

Councillors and Senators, , 13 

Plurality of Votes, election of Civil Officers by, 37 

Political Year, when to begin and end, 33 

Polls, Eatable, Census of, when taken, 35 

Power, Executive, 17, 18 

" Judiciary, 21 

*' Legislative, 9 

Press, Liberty of, essential to Freedom, 7 

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

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

" " wliat 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, • 20 

" " " partially abolished, .... 37 

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

made, 20 

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

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

" AVorship, the Eight and Duty of, 4 

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

Punishments, Cruel and Unusual, prohibited, 8 



Q. 

Quakers, Affirmation of, as Public Officers, 
Qualifications of Governor, . 

" of Lieutenant-Governor, 

" of Councillors, 

" of Senators, . 

*• of Representatives, 



. 28, 32 
. 17, 39 
. 21, 39 
37, 38, 39 
14, 37, 39, 41 
15, 39, 41 



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



38 



52 



INDEX TO THE CONSTITUTION. 



Qualifications of Voters, 

•' Moral, of Officers and Magistrates, 

Qualification, 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. 



Ratable 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, Quarterly, 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 




35 




15 




39 




23 


5 


34 


5, 


35 




35 




37 


40 


41 


36, 


41 




20 


13, 


17 



s. 

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

Salary, of Governor, 

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

" Sectarian, appropriation of Money for, prohibited, 
Search and Seizure, the Right of every Man to be secure from, 
Secretary, Treasurer, Commissary, &c., .... 
Secretary of the Commonwealth, how chosen, 

«' " " qualifications of, . . 

" " " Duties of, ... 

" '• " may appoint Deputies, &c., 

" " " vacancy in Office of, how filled 

Selectmen, Duties of, in calling and conducting Elections, 

Self-government, Right of, asserted, 

Senate, 



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



11, 12, 
14, 37, 



8, 21 
21 
39 
39 
7 
23 

23, 38 
39 

23,39 
23 

32, 39 

12 

5 

11 

36, 41 

41,42 



INDEX TO THE CONSTITUTION. 



63 



Page. 

Senate, Members shall be sworn preliminary to trial of Impeachment, 14 

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

" Quorum of, U, 42 

" vacancies in, how filled, . 14, 42 

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

" not to adjourn more than two days, 14 

*' shall choose its own Officers, and establish its own Kules, . 14 

" shall try Impeachments 14 

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

" may determine all cases involving its Rights and Privileges, . 16 

Senators, Apportionment of, 11, 36, 41 

" Oatlis and Affirmations, how taken and subscribed by, . 28 
Senatorial Districts. See Districts. 

Services, Public, the only title to particular privileges, ... 5 

Sheriffs, how appointed, 19 

" how elected 39 

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

Solicitor-General, how appointed, 19 

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

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

" Judicial Court, Tenure of Office and Salaries of Judges of, . 8, 21 

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

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



5i INDEX TO THE CONSTITUTION. 

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 Kesolves, Powier of, conferred upon Governor, . 9 

Vote, no person entitled to, who cannot read and write, ... 3Q 

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

" 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 Eight and Duty of all Men, .... 4 

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

Y. 

Year, Political, when to begin and end, 33 



(itncral ^lalutcs anir ^pdal 3^c^^ 



MASSACHUSETTS 



18 6 6. 



The General Court of 18 G 6 assembled on '^Vednesclay, the 
thii'd day of January, and was prorogued on "Wednesday, the tliirtieth 
day of INIay. 

The oaths required by the Constitution to be administered to the 
Governor elect of the Commonwealth, were taken and subscribed 
by His Excellency Alexander H. Bullock, on Saturday, the 
sixth day of January. 



ACTS, 

GEXEEAL AXD SPECIAL. 



Ax Act relating to the fire district ix the city of tauxtox. QJkjj)^ \^ 
Be it enacted b/j the Senate and House of Representatives, in General Court 
assembled, and by the authority of the sa77ie, as follows : 

Section 1. The inhabitants of the fire district in the city voters, at legai 
of Taunton, organized under chapter one hundred and fifty- po?e,'°may°tranr- 
two of the acts of the year eighteen hundred and forty-four, f^r^pi-op"tyofto 
qualified to vote in town affairs, are hereby authorized, at 
any legal meeting of said district, duly called for that pur- 
pose, to transfer and convey to said city all the real and 
personal property now belonging to said district, upon such 
terms and conditions as may be mutually agreed upon by 
said city and district. 

Section 2. Upon the completion of such transfer, and the Bi^trict tobeex- 
orgauization of a suitable fire department by said city of lubiVity^fo? 
Taunton, all the powers, obligations and duties of said '^®"^" 
district, except its liability for the debts due from said 
district, shall cease. 

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

Approved January 22, 1866. 
An Act to ixcoRPOitATE the proprietors of the waverley QJkjj) 2 

MASONIC ASSOCIATIOX, IX MELROSE. -^ * 

Be it enacted, §'c., as follows : 

Section 1. George W. Heath, Frank A. Messenger and corporators. 
Charles Copeland, their associates and successors, are hereby 
made a corporation by the name of the Waverley j\rasonic Title. 
Association, for the purpose of erecting a building in Melrose, Purpose, 
in the county of Middlesex, and maintaining the same for the 
accommodation and purposes of a masonic hall, lectures and 
any other lawful purpose ; with all the powers and privileges, Powers and iia- 
and subject to all the duties, restrictions and lial)ilities set *"""**• 
forth in the general laws of this Commonwealth which are or 
may be in force, so far as applicable to said corporation. 



4 1866.— Chapters 3, 4, 5, 6. 

Capital stock, SECTION 2. Said corporation shall have a capital stock not 
tate. exceeding fifty thousand dollars, divided into shares of one 

hundred dollars each, and may hold for the purposes afore- 
said, real and personal estate not exceeding the amount of 
the capital stock. 

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

Approved January 31, 1866. 

ChaU. 3. -^^ -^^^ ^^ FURTHER ADDITION TO AN ACT TO INCORPORATE THE 
•* * ' FOXBOROUGH BRANCH RAILROAD COMPANY. 

Be it Enacted, ^"c, as follows: 
Extension of time Thc timc allowcd to tlic Foxborough Branch Railroad 
' Company, for the construction of its railroad, is hereby 
extended two years. Approved, January 31, 1866. 

Chap. 4. ■A.N Act in further addition to an act to incorporate the 

MILFORD AND WOONSOCKET RAILROAD COMPANY. 

Be it enacted, Sfc, as follows : 
Extension of time The time allowcd to the Milford and Woonsocket Railroad 
Company for the location and construction of its railroad, is 
hereby extended two years. Approved, February 3, 1866. 

Chap. 5. ^N Act to extend the time for constructing and locating 

the new LONDON NORTHERN RAILROAD. 

Be it enacted, Sfc, as follows : 

Extension of one SECTION 1. Tlic timc fixcd by thc act of tlic ycar one 

^**"'' thousand eight hundred and sixty-four, entitled " An Act 

concerning the Amherst, Belchertown and Palmer Railroad 

Company," for the construction of the New London Northern 

Railroad, is hereby extended one year. 

Corporation may SECTION 2. In ordcr to corrcct any informality or insuffi- 

with commission- cicucy iu the locatiou of said railroad heretofore filed, the 

and°Fr?nkiFn'''''^ Ncw Loudou Northcm Railroad Company is hereby author- 

counties. izcd, at any time within one year from the passage of this 

act, to file with the county commissioners of the counties of 

Hampshire and Franklin respectively, new locations of said 

railroad, defining the courses and distances, and boundaries 

of such portions thereof as lie within the said counties 

respectively, in conformity with the actual construction of 

said road, which said new locations when filed shall be valid 

and sufficient in law to all intents and purposes. 

Section 3. This act shall take effect from and after its 

passage. Approved, February 3, 1866. 

Chap. 6. An Act to continue in force an act to incorporate the 

firkmkn's insurance company in the city of boston, and 

other acts in addition thereto. 

Be it enacted, ^'c, as follows : 

^a'tef extended Thc act of the year eighteen hundred and thirty-one, 

tion of time. cliaptcr clcvcn, entitled, an " Act to incorporate the Fire- 



1866.— Chapters 7, 8. 5 

men's Insurance Company in the City of Boston," and all 
acts or parts of acts in addition thereto or in amendment 
thereof, shall continue and remain in force from and after 
the tenth day of June, in the year eighteen hundred and 
seventy-one ; and said corporation shall have all the powers 
and privileges, and be subject to all the restrictions and lia- 
bilities set forth in all general laws which now are or here- 
after may be in force relating to such corporations, in like 
manner and to the same effect as if said act incorporating 
said company had contained no limitation of time. 

Approved, February 3, 18GG. 

Ax Act to continue in force an act INCORrORATIXG THE QJiQr^y "7 
GLOUCESTER MUTUAL FISHING INSURANCE COMPANY. -^ ' 

Be it enacted, iVc, as follows: 

The act of the year one thousand eight hundred and forty- charter extended 
seven, entitled an " Act to incorporate the Gloucester Mutual uon*'o"f*tim™''^" 
Fishing Insurance Company," and all acts in addition thereto 
or in amendment thereof, shall remain and continue in force 
from and after the third day of March, in the year eighteen 
hundred and sixty-seven ; and said company shall continue to 
have and enjoy all the powers and privileges, and be subject 
to all the duties, liabilities and restrictions set forth in the 
general laws relating to such corporations, which are or may 
be in force, in like manner and to the same effect as if said 
act incorporating said company had contained no limitation of 
time. Approved February 3, 1866. 

An Act making appropriations for the maintenance of the nhnyt 8 

GOVERNMENT DURING THE CURRENT YEAR. J- ' 

Be it enacted, §*c., 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, 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-six, to wit : 

LEGISLATIVE DEPARTMENT. 

For the mileage of senators a sum not exceeding four senators, miie- 
hundred dollars. a^s. 2, i 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 Representatiycs 
twenty-three hundred dollars. o.'s!'!^ 13. 

For the compensation of representatives, a sum not exceed- compensation, 
ing seventy-two thousand three hundred dollars. ^''**" ^^^^' ^^' 



1866.— Chapter 8. 



Clerks, Senate 
and House. 
G. S. 2, § 17. 



Chaplains. 
G. S. 2, 5 18. 



Preacher of elec- 
tion sermon . 
G. S. 2, § IS. 
Sergeant-at-arms 
G. S. 14, § 50. 

Door-keepers, 
messengers, 
pages, watchmen 
and firemen. 
G. S. 2, § 19; 1^, 
§§ 59, 60. 

"Witnesses' fees. 
G. S. 15; Acts 
1860, 41. 



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

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

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

For the salary of the sergeant-at-arms, two thousand 
dollars. 

For the compensation of the door-keepers, messengers and 
pages of the senate and house of representatives, and of such 
"watchmen and firemen as may be employed in the state house, 
a sum not exceeding nine thousand five hundred dollars. 

For fees of witnesses summoned before committees, a sum 
not exceeding eight hundred dollars. 



EXECUTIVE DEPARTMENT. 

Lieut. goTernor YoY thc mileage aiid compensation of the lieutenant- 

Slid council. 

G. s. 14, § 2. governor and council, a sum not exceeding ten thousand 

dollars. 
Governors secre- j^or tlic compcusation of tlic private secretary of the 
governor, 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. 



tary. 

Res. 1861, 1. 

Messenger. 
G. S. 14, § 63. 

Assistant-mes- 
senger. 
G. S. 14, § 63. 



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

First clerk. 
Acts 1865, 247. 

Second clerk. 
G. S. 14, § 4. 

Messenger. 
G. S. 14, § 4. 

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



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, eighteen hundred dollars. 

For the salary of the second clerk in the secretary's depart- 
ment, 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 and 
receiver-general. 
Acts 1865, 247. 
First clerk. 
Acts 1865, 247. 



treasurer's department. 

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

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



1866.— Chapter 8. 7 

For the salary of the first and second assistant-clerks m Assistant clerks, 
the treasurer's department, twenty-four hundred dollars. Kes. isw, 36. ' 

For such additional clerical assistance as the treasurer Additional assist- 
may find necessary, a sum not exceeding forty-four hundred o"*^!.' 15, § 12. 
dollars. 

TAX COMMISSIONER. 

For the salary of the deputy tax commissioner, eighteen Deputy tax com- 
hundrcd dollars. "^^,283. 

For such clerical assistance as the commissioner may find clerical assist- 
necessary, a sum not exceeding seventy-seven hundred Tcu'isgo, 253. 
dollars. 

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

j 11 counts. 

dollars. g. s. 15, § 2. 

For the salary of the first clerk in the auditor's depart- First cierk. 
ment, eighteen hundred dollars. ""''' ^®^"' -^■• 

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

For such additional clerical assistance as the auditor may Additional assist- 



ants. 



find necessary, a sum not exceeding four thousand dollars, g. g. 15, 5 2. 

attorney-general's department. 

For the salary of the attorney-general, two thousand five Attomey-generai 
hundred dollars. ""■ ^- "' ^ ^^• 

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

insurance commissioners. 
For the compensation of the board of insurance commis- insurance com- 
sioners, three thousand dollars. Ac'ts'i862^2i2. 

AGRICULTURAL DEPARTMENT, 

For the salary of the secretary of the board of agriculture, secreterv board 
two thousand dollars. o'tl'^H. 

For clerical assistance to the secretary of the board of cwks. 
agriculture, two thousand dollars. Acts i865, 243. 

board of STATE CHARITIES. 

For the salary of the secretary of the board of state secretary board 
charities, two thousand dollars. Acts''63^'24o, } 3. 

For such clerical assistance as the secretary of the board of cicrks. 
state charities may find necessary, a sum not exceeding four ^"^ '^^' ^^*^' ^ ^■ 
thousand dollars. 



8 1866.— Chapter 9. 

Agent. For the salary of the agent of the board of state charities, 

Acts ^oOO] ^4U* , ,1 Tin 

§ 7. two thousand dollars. 

Assistants. For sucli clerical and other assistance as the agent of the 

ii. ' " ' hoard of state of charities may find necessary, a sum not 
exceeding: eisrht thousand dollars. 



MILITARY DEPARTMENTS. 

icteises^isP' ^^^' *^^^ salary of the adjutant-general, two thousand 

' ' dollars, 
cierks^"'^ ^'"'°°'^ ^'^^ ^^^^ salaries of the .first and second clerks of the 
18^ \f^' ^*'' ^*^J^it^iit-g6neral, three thousand dollars. 
Additional assist- For such additional clerical assistance as the adjutant- 
Acts'i86i,2i9, H general may find necessary, a sum not exceeding fifteen 
^^'1'- thousand dollars. 

Actlisif 219 ^°^ *^^® salaries of messengers in the adjutant-general's 

15, 17. ' ' department, a sum not exceeding eight hundred and forty- 
eight dollars. 

EDUCATIONAL DEPARTMENT. 

Secretary board For tlic Salary and expenses of the secretary of the board 
Acts 1865,' 246. of cducatiou, twenty-uine hundred dollars, to be paid from 

the income of the Massachusetts school fund. 
Clerk and assist- For thc Salary of the assistant-librarian and clerk of the 
G. s. 5, §4. ' secretary of the board of education, fifteen hundred dollars. 
Assistants. For additional assistance in the library, a sum not exceed- 

G. S. 5, § 5: Kes. ..,,-,„ *' ' 

1861, 33. mg nine hundred dollars. 

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

Approved February 5, 1866. 

Chap. 9. -^^ -^CT IN RELATION TO THE DETECTIOX AND APPREHENSION OF 
■' * * OFFENDERS. 

Be it enacted, ^'c, as follows : 
Municipalities Section 1. The mavor and aldermen of any city, or the 

may offer re- •',.,..., "^ -,■,. -, 

wards for capital sclcctmen 01 any town, when in their opinion the public good 

off^ndMsf ^^^^ requires it, may offer a suitable reward, to be paid by such 

city or town, not exceeding five hundred dollars in one case, 

to any person who, in consequence of such offer, detects and 

secures any person who has committed a capital crime or 

Payment. otlicr high crimc or misdemeanor in such place : and such 

reward shall be paid by the treasurer upon the warrant of 

the mayor and aldermen or selectmen. 

^Lr^^'how Section 2. When more than one claimant appears, and 

determined. applics for tlic payment of such reward, the same shall be 

determined in the manner provided in the eighth section 

of the one hundred and seventieth chapter of the General 

Statutes. 

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

Approved February 6, 1866. 



1866.— Chapters 10, 11, 12. 9 

An Act to increase the capital stock of the bigelow carpet QJifin, 10. 

COMPANY. "' 

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

Section 1. The Bigelow Carpet Company, a corporation increase antkor- 
established in Clinton, is hereby authorized to increase its 
capital stock five hundred thousand dollars, the same to be 
divided into shares of one thousand dollars each ; and to hold shares. 
real estate necessary and convenient for its business, not Heai estate. 
exceeding three hundred and fifty thousand dollars. 

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

Approved February 6, 1866. 
Ax Act to increase the capital stock of the xAsnAWANNrcK Chap. 11. 

MANUFACTURING COMPANY. "^ 

Be it enacted, S)-c., as folloivs : 

Section 1. The Nashawannuck Manufacturing Company, increase author- 
a corporation establislied in Easthampton, is hereby author- 
ized to increase its capital stock three hundred thousand 
dollars, the same to be divided into shares of one hundred shares. 
dollars each ; and to hold real estate necessary and convenient Reai estate. 
for the purposes of its business, not exceeding two hundred 
thousand dollars. 

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

Approved February 6, 1S66. 

An Act to incorporate tecumseh mills. Chap. 12. 

Be it enacted, ^'c, as follows : 

Section 1. Augustus Chace, James "W. Hartley, John P. corporators. 
Slade, their associates and successors, are hereby made 
a corporation by the name of Tecumseh Mills, for the Tuie. 
purpose of manufacturing cotton or woolen cloths, or any Porpose. 
fabric wholly or in part of wool, cotton, silk, flax, hemp or 
iute, in the city of Fall River ; and for this purpose shall Privileges and 

restrictions 

have all the 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 manu- 
facturing corporations. 

Section 2. Said corporation may hold for the purposes Keai estate, 
aforesaid, real estate to the amount of three hundred thou- 
sand dollars, and the whole capital stock shall not exceed six Limitation of 
hundred thousand dollars, divided into shares of one thousand shares. 
dollars each : prodded, Iioi/jever, that said corporation shall ProYiso. 
not go into operation until the sum of one hundred thousand 
dollars of its capital stock is paid in, in cash. 

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

Approved February 9, 1866. 
9 



10 



1866.— Chapter 13. 



Chap. 13. -^^ ■^^'^ I^ ADDITION TO AN ACT MAKING APPROPRIATIONS FOR THE 
MAINTENANCE OF THE GOVERNMENT DURING THE CURRENT YEAR. 

Be it enacted, §'(?., as follows : 

Section 1. The sums hereinafter mentioned are appropri- 
ated, 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-iirst day of 
December, eigliteen hundred and sixty-six, to wit : 



Appropriations 
authorized. 



Clerk S. J. Court 
Commonwealth. 
G. S. 121. 

Assistant-clerk. 
G. S. 121. 

Reporter of de- 
cisions. 
G. S. 121. 
Expenses of 
court. 
G. S. 121. 



SUPREME JUDICIAL COURT. 

For the salary of the clerk of the supreme judicial court 
for the Commonwealth, three thousand dollars. 

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

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

For expenses of said court, a sum not exceeding fifteen 
hundred dollars. 



Chief justice 
superior court. 
G. S. 114. 

A.ssociate jus- 
tices. 
G. S. 114. 



SUPERIOR COURT. 

For the salary of the chief justice of the superior court, 
three thousand ceven hundred dollars. 

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



Judges probate 
and insolvency : 
Suffolk. 
G. S. 119. 
Middlesex. 
G. S. 119. 

Worcester. 
Acts 1884, 298. 

Essex. 

Acts 1864, 298. 

Norfolk. 
G. S. 119. 

Bristol. 

Acts 1864, 298. 



Plymouth. 
G. S. 119. 



Berkshire. 
Acts 1864, 298. 

Hampden. 
Acts 1864, 298. 

Hampshire. 
Acts 1864, 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 insolvency for 
the county of Middlesex, two thousand dollars. 

For the salary of the judge of i^rpbate 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. 



1866.— Chapter 13. 11 

For the salary of the judge of probate and insolvency for rranwin. 
the county of Franklin, seven hundred dollars. *^ * ' " 

For the salary of the judge of ])robatc and insolvency for S^^g"'!?^'®- 
the county of Barnstable, seven hundred dollars. 

For the sa,lary of the judge of probate and insolvency for Nantucket, 
the county of Nantucket, four hundred dollars. c s j , 

For the salary of the judge of probate and insolvency for i'"^^'- 
the county of Dukes county, four hundred dollars. *^' ' 

For the salary of the register of probate and insolvency for Rep?ters: 
the county of Suffolk, three thousand dollars. o. s. lio. 

For the salary of the assistant-register for the county of g^g'^jig- 
Suffolk, fifteen hundred dollars. 

For the salary of the register of probate and insolvency for ^"'^'^1864' 298 
the county of Middlesex, eighteen hundred dollars. 

For the salary of the assistant-register for the county of Q^g'^'- 
Middlesex, one thousand dollars. 

For the salary of the register of probate and insolvency for ^"■"'^fo^'-ooQ 
the county of Worcester, seventeen hundred dollars. ' 

For the salary of the assistant-register for the county of Q^^g**?[g* 
"Worcester, one thousand dollars. 

For the salary of the register of probate and insolvency for ^'^^^-j,^ „q„ 
the county of Essex, seventeen hundred dollars. ' 

For the salary of the assistant-register for the county of Assistant. 

_, J.1 1 J 11 ^ Acts 1864, 298. 

Essex, one thousand dollars. 

For the salary of the register of probate and insolvency for Norfolk. 
the county of Norfolk, twelve hundred dollars. "^ * ' ' 

For the salary of the assistant-register for the county of Assist-tnt. 

TVT £> n • 1 J. 1 1 1 J n Acts 1864, 298. 

Norfolk, eight hundred dollars. 

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

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

For the salary of the register of probate and insolvency for iiampden. 
the county of Hampden, one thousand dollars. ^'^^ *'" 

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

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

For the salary of the register of ])robate and insolvency for Nantucket. 
the county of Nantucket, five hundred dollars. ^"^^ ^^'^*' ^^^' 

For the salary of the register of probate and insolvency for Dukes. 
the county of Dukes county, five hundred dollars. '^'''' 1*34,293. 



12 



1866.— Chapter 13. 



Expenses courts Foi' ccrtaiii cxpeiises of the courts of insolvency, authorized 
insolvency- ^^ hj the General Statutes, or similar accounts for the courts of 
G. s. 118. probate and insolvency, a sum not exceeding three thousand 

dollars. 



District-attor- 
neys: 
Suffolk. 
G. S. 14. 
Assistant. 
G. S. 14. 

Eastern. 
G. S, 14. 

Northern. 
G. S. 14. 

Southern. 
6. S. 14. 

Middle. 

G. S. 14. 

South-Eastern. 
G. S. 14. 

AVestern. 
G. S. 14. 

North-AVestern. 
G. S. 14. 



DISTRICT-ATTORNEYS. 

For the salary of the attorney for the county of Suffolk, 
three thousand dollars. 

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

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

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

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

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

For the salary of the attorney for tlie south-eastern district, 
one thousand two hundred dollars. 

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

For the salary of the attorney for the north-western district, 
eicfht hundred dollars. 



Police courts : 

Justices. 

Boston. 

G. S. 116. 

Adams. 

G. S. 116. 

Cambridge. 
G. S. 116. 

Charleatovm. 
Acts 1862, 107. 

Chelsea. 
Acts 1864, 256. 

Chicopee. 
G. S. 16. 

Fall River. 
Acts 1862, 92. 

Gloucester. 
Acts 1864, 127. 

Ilaverhill. 
Acts 1861, 207. 



Lawrence. 
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 
Kiver, one thousand two hundred dollars. 

For the salary of the justice of the police court in Glouces- 
ter, 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 Lawrence, 
one thousand five hundred dollars. 



1866.— Chapter 13. 13 

For the salary of the justice of the police court in Lee, five i^e- 

1 1 Tin Acts i.cOXi Ixi.! 

hundred dollars. 

For the salary of the justice of the police court in Lowell, ^^^^j-^g 
two thousand two hundred dollars. 

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

For the salary of the justice of the police court in Milford, *""'°5^^ .-^ 
eight hundred dollars. ' ' ' 

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

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

For the salary of the justice of the police court in Salem, saiem. 
one thousand five hundred dollars. °" ^' "^' 

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

For the salary of the justice of the police court in Williams- wnuamstown. 
town, three hundred dollars. ^' ^' "^" 

For the salary of the iustice of the police court in Worces- Worcester. 
ter, one thousand five hundred dollars. ' 

For the salaries of the clerks of police courts, exclusive of oierk? of pouce 
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, ?°!*<l"- ,„„ 

. ,, T T 11 ^ ' Acts 1860, 100. 

two thousand dollars. 

For the salaries of four assistant-clerks of said court, five Q^'''g**i"*g"; ^^^g 
thousand two hundred dollars. iseo.'ioo.' 

For the salary of the clerk of the police court in Cambridge, cambrid-e. 
five hundred dollars. 

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

For the salary of the clerk of the police court in Fall ^^(g^gQ"^ 
River, six hundred dollars. 

For the salary of the clerk of the police court in Lawrence, i^awrence. 
eight hundred d(^lars. 

For the salary of the clerk of the police court in Lowell, ^g*"i^. 
one thousand dollars. 

For the salary of the clerk of the police court in Lynn, Qyg"i,Q 
three hundred dollars. 

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

For the salary of the clerk of the police court in Newbury- Newburyport. 

i C 1 1 ] 1 11 Q. S. 116. 

port, five hundred dollars. 



U 1866.— Chapters U, 15, 16. 

G°?ii6' ^^^' ^^^^ salary of the clerk of the police court in Roxbiiry, 

five hundred dollars. 
G^'s^iie ^^^' ^^^^ salary of the clerk of the police court in Salem, 

nine hundred dollars. 
Ac'trisM '281. -^^^' *^^® salary of the clerk of the police court in Worcester, 

nine hundred dollars. 

MUNICIPAL COURT. 

Municipal court, ^q^ the Salary of the lustice of the municipal court in 

Taunton; justice, rn , .1 i n ii ^ 

Acts i86i, 209. iaunton, one thousand dollars. 

AcTs^i864 209 ^'^^^ ^^^^ Salary of the clerk of the municipal court in 
' ' Taunton, six hundred dollars. 

MISCELLANEOUS. 

Commonwealth's For tlic cxpeuses of thc attomey-gencral, or other counsel 
s. c.of u. s., in of the Commonwealth, in the case of a writ of error pending 
ailfre^*^ *^' ^^''" hefore the supreme court of the United States, sued out by 
John McGuire, to procure the reversal of a judgment ren- 
dered against him, in the superior court within the county 
of Essex, a sum not exceeding one thousand dollars, which 
shall be allowed and paid. 

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

Approved February 10, 1866. 

Chop. 14. ■'^^ -'^CT TO CHANGE THE TIME FOR HOLDING THE ANNUAL EXHIBI- 
TION OF THE PLYMOUTH COUNTY AGRICULTURAL SOCIETY. 

Be it enacted, §•(?., asfoUoivs: 
Last Thursday of SECTION 1. The Plyiuouth Couuty Agricultural Society 

shall commence its annual exhibition on the last Thursday 

of September. 
Repeal. SECTION 2. So mucli of scctiou sixtccn, chapter sixty-six, 

of the General Statutes as is inconsistent with the foregoing 

section, is hereby repealed. Approved, February 10, 1866. 

Chcin. 15. ^^ -^^"^ "^^ INCREASE THE CAPITAL STOCK OF THE SOCIETY OF BOS- 
•^ ' * TON AND VICINITY FOR THE AID OF GERMAN IMMIGRANTS. 

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

The Society of Boston and Vicinity for the Aid of German 
Immigrants, is hereby authorized to increase its capital stock 
to twenty thousand dollars. Approved, February 10, 1866. 

Chap. 16. -^^ ■^^'^ '^O ESTABLISH THE BOUNDARY LINE BETWEEN THE TOWNS 

OF MARION AND WAREHAM. 

Be it enacted, ^"c, ax follows : 

^on^is Ae&a^i SECTION 1. The boundary line between the towns of 

and establishBd. t,, . , -^^-r . ini o i ^ itii r ^ 

Marion and >\ areham shall henceforth be established as toi- 



1866.— CiiAFiER 16. . 15 

lows : beginning at the centre of the oast side of McndcH's 
bridge, at a point bearing south three degrees west, and 
twenty-two feet distant from a stone monument standing on 
the north bank of the Sippican River ; thence the line runs 
on the easterly side of the old Plymouth county road, so 
called, north, three degrees east, two hundred and fifty-five 
feet ; thence north, seventeen and one-half degrees east, six 
hundred and seventy-five feet ; thence north, twenty-five and 
one-half degrees east, three hundred and forty-three feet ; 
thence north, fifteen and one-half degrees east, five hundred 
and seventy-three feet ; thence north, one-half degree west, 
two hundred and twenty-seven feet ; thence north, eighteen 
degrees west, two hundred and eighty-five feet ; thence 
north, thirty-one and one-half degrees west, two hundred and 
ninety-four feet; thence north, thirty-three and one-half 
degrees west, one hundred and ninety-three feet ; thence 
north, twenty-nine and one-fourth degrees west, one hundred 
and ninety feet ; thence north, forty-two degrees west, four 
hundred and forty-seven feet ; thence north, twenty-six and 
one-half degrees west, one hundred and seventy-one feet ; 
thence north, four and one-half degrees west, three hundred 
and seven feet ; thence north, twenty-six degrees west, three 
hundred and thirty-three feet ; thence north, seven and one- 
half degrees west, seven hundred and seven feet ; thence 
south, eighty-two and one-half degrees west, forty feet across 
said road ; thence north, seven and one-half degrees west, 
eight hundred and ninety-three feet ; thence north, ten 
degrees west, four hundred and eighty-eight feet ; thence 
north, seven and three-fourths degrees east, five hundred and 
ninety-four feet ; thence north, twenty-two degrees east, 
three hundred and sixty-nine feet ; thence north, twenty- 
eight and one-half degrees east, four hundred and ninety-six 
feet ; thence north, twenty-two and one-half degrees east, 
three hundred and thirty feet ; thence north, ten and one- 
half degrees east, five hundred and thirty-nine feet ; thence 
north, seventeen and one-half degrees east, six hundred and 
fifty feet ; thence north, twenty-nine and one-half degrees 
east, one thousand two himdred and twenty-two feet, to a 
stone at the Rochester line, on the westerly side of said 
Plymouth road. Said stone is westerly and forty feet distant 
from a monument which stands on the easterly side of said 
Plymouth road, and which has been the corner of Clarion, 
Rochester and Wareham. 

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

Approved, Feh-uuDj 13, 1866. 



highway laid out. 



16 1866.— Chapi'ers 17, 18. 

Chap. 17. -A-^ -^CT AUTHORIZING THE COUNTY COMMISSIONERS OF THE COUNTY 
OF PLYMOUTH TO BUILD A BRIDGE OVER MAIN CREEK IN SCITUATE. 

Be it enacted, §'c., as follows. • 

May construct on SECTION 1. The countv commissioiiers of the county of 
Plymouth are hereby authorized and empowered to construct 
a bridge over Main Creek, so called, in the town of Scituate, 
in said county, on a highway laid out by said commissioners 

Former acts con- Qu tlic pctitiou of Ezckicl Joiics aiid otlicrs ; and their doings 
and orders under said petition are hereby ratified and con- 
firmed. 

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

Approved, Felruary 13, 1866. 

Chap. 18. An Act to incorporate the merchants' boston and new 

ORLEANS STEAM-SHIP COMPANY. 

Be it enacted, ^"c, as follows : 

Corporators. SECTION 1. Frederick Nickerson, Osborn Howes, George 

C. Lord, George D. Wise, Thomas Nickerson, Frederick 
Jones, Ezra Farnsworth, their associates and successors, are 

Ti"e. hereby made a corporation by the name of The Merchants 

Boston and New Orleans Steam-ship Company, with all the 

General powers, powcrs aiid privileges, and subject to all the duties, liabilities 
and restrictions set forth in the general laws which now are 
or may hereafter be in force relative to such corporations. 

Special authority SECTION 2. The said company are hereby authorized and 
empowered to build, purchase, charter, hold and convey 
steam-ships, and navigate the ocean therewith, between the 
city of Boston and the city of New Orleans, for the trans- 
portation of merchandise and passengers ; and said company 
may let by charter, one or more of their steam-ships to any 
person or persons, provided said charter does not prevent 
said company from complying with the terms of this act; 
and said company may also, by charter, let any or all of their 
steam-ships to the United States of America, without any 
restriction as to the service in which said vessels may be 
employed. 

Capital stock and SECTION 3. Tlic Capital stock of said corporation shall 
not exceed one million of dollars, and shall be divided into 
shares of the par value of one hundred dollars each ; and 

Assessment upon said corporatioii shall have power to assess, from time to 

^ "^^' time, upon such shares, such sums as may be deemed neces- 

sary to accomplish the objects of said corporation, not 
exceeding the par value of said shares. 

vaUdity°of act. SECTION 4. If Said Corporation shall not within one year 
from the passage hereof have been organized, and have col- 
lected assessments of not less than ten per cent, on the cap- 



1866.— Chapters 19, 20, 21. 17 

ital stock, and shall not within one year from the passage of 
this act have employed two steam-ships to navigate the ocean 
between the ports before mentioned ; or if said company 
shall thereafter wholly fail, unless prevented by war, to 
employ, for the period of one year, not less than two steam- 
ships in the aforesaid service, and for the aforesaid purposes ; 
or if said company shall fail to comply with the other condi- 
tions of this act, then this act shall be null and void. 
Section 5. This act shall take effect upon its passage. 

Approved, February 13, 1866. 
An Act in addition to an act to incorporate the washing- Chat). 19, 

TONIAN HOME. "' 

Be it enacted^ A'c, as follows : 

Section 1. The Washingtonian Home may take and hold m*/ ^°^^ \^^^ 

■t • y , ^ 1 • 1 """1 personal 

any property given, devised or bequeathed to it, not exceed- estate, 
mg one hundred thousand dollars in real estate, and one 
hundred thousand dollars in personal estate, for the purposes 
set forth in the act of incorporation of the Washiugtonian 
Home. 

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

Approved February 13, 1866. 



Chap. 20. 



An Act to increase the capital stock of the American linen 

COMPANY. 

Be it enacted, §'c., as folloios: 

Section 1. The American Linen Company, a corporation increaReofssoo,- 
establishcd in Fall River, is hereby authorised to increase its ^<'^'^°"'^^- 
capital stock five hundred thousand dollars, the same to be 
divided into shares of four hundred dollars each ; and to hold shares. 
real estate necessary and convenient for its business, not es?Ite.^°'*^ ^^^ 
exceeding five hundred thousand dollars. 

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

Approved February 14, 1866. 

An Act to establish the boundary line between the towns of Qhan 21 

ROCHESTER AND WAREHAM. ' ' 

Be it enacted, ^'c, as follows : 

Section 1. The boundary line between the towns of Bounds defined 
Rochester and Wareham shall henceforth be established as *° *^ 
follows : beginning on the westerly line of the old Plymouth 
county road, so called, opposite to and forty feet distant from 
a stone monument standing at the intersection of Marion, 
Rochester and Wareham ; thence running on the westerly 
side of said road north, twenty-eight and three-fourths degrees 
east, five hundred and fifty feet ; thence north, thirty-six and 
three-fourths degrees east, five hundred and seventy-five feet; 
thence north, thirty-four degrees east, three hundred feet ; 

10 



18 1866.— Chafi'er 21. 

thence north, thirty-nine degrees east, two hundred and 
twenty-five feet; thence north, twenty-seven and three-fourths 
degrees east, two hundred and fifty feet; thence north, thirty- 
nine degrees east, one hundred and thirty-two feet ; thence 
north, twenty-six degrees east, six hundred and seventy feet ; 
thence north, thirty-three and one-fourth degrees east, two 
hundred and seventy-three feet ; thence north, twenty-nine 
and one-fourth degrees east, three hundred and thirty-two 
feet ; thence north, twelve and one-fourth degrees east, one 
hundred and sixty-eight feet ; thence north, four and one- 
half degrees west, one hundred and seventy-five feet ; thence 
north, eighteen and one-fourth degrees west, one hundred 
and fifty feet ; thence north, one-half degree west, two hun- 
dred and fifty feet ; thence north, thirteen and one-half 
degrees west, three hundred and seventy-five feet ; thence 
north, five degrees east, three hundred feet ; thence north, 
twelve and three-fourths degrees east, six hundred and sixty- 
two feet ; thence north, three degrees east, one hundred and 
seventy-five feet; thence north, eleven and one-fourth degrees 
east, three hundred and fifty-three feet ; thence north, nine 
degrees west, two hundred and fifty feet ; thence north, three 
degrees west, four hundred feet ; thence north, two degrees 
east, three hundred feet ; thence north, two and one-half 
degrees west, three hundred and twenty-five feet ; thence 
north, nine and three-fourths degrees east, six hundred and 
twenty-five feet ; thence north, three and three-fourths 
degrees east, eight hundred and fifty feet ; thence north, 
fourteen degrees east, three hundred feet ; thence north, six 
and one-half degrees east, three hundred and forty feet ; 
thence south, eighty-three and one-half degrees east, forty 
feet, across said road ; thence north, six and one-half degrees 
east, one hundred and fifty feet ; thence north, one degree 
west, four hundred and seventy-five feet ; thence north, eight 
and one-half degrees west, three hundred and eighty-five feet; 
thence north, thirty-nine and one-half degrees west, one hun- 
dred and seventy-five feet ; thence north, five degrees east, 
one thousand sixty feet ; thence north, thirteen degrees east, 
six hundred feet ; thence north, thirty-two degrees east, four 
hundred and forty-seven feet ; thence north, eight and one- 
half degrees east, eight hundred and thirty-five feet ; thence 
north, fifty-eight and one-half degrees east, six hundred feet ; 
thence north, thirty-eight and one-fourth degrees east, nine 
hundred and eighty feet; thence north, fifty-two degrees east, 
six hundred feet ; thence north, twenty-one and one-half 
degrees east, four hundred and seventy-seven feet ; thence 
north, fifteen and three-fourths degrees east, three hundred 



1866.— Chapters 22, 23. 19 

and eleven feet ; thence north, thirty and one-fourth degrees 
east, five hundred and thirty feet ; thence north, eleven and 
one-half degrees east, one thousand three hundred and 
seventy-eight feet, to a stone monument between Rochester 
and Wareham, on the Middleborough line. 
Section 2. This act shall take effect upon its passage. 

Approved February 15, 1866. 
An Act to incokpokate the public library association ok Chap. 22. 

HINSDALE. 

Be it enacted, ifc, as follows: 

Section 1. Kinsley Twining, Thomas K. Plunket and corporators. 
"W. Ambrose Taylor, all of Hinsdale, their associates and 
successors, are hereby made a corporation by the name of 
the Public Library Association of Hinsdale, with power to Tuie. 
fill vacancies, for the formation and maintenance of a public 
library in the town of Hinsdale ; with all the powers and Prk>.i*?«« *°<^ 

• .1 T T • , J 11 ii 1 i- 1 T 1 •!- • . restrictions. 

privileges, and subject to all the duties and liabilities set 
forth in all laws Avhich now arc, or may hereafter be in force, 
and ap})lieablc to such corporations. 

Section 2. Said corporation shall have authority to hold May hoid estate. 
real and personal estate to the amount of fifty thousand 
dollars, to be used for the purposes aforesaid. 

Section 3. The management and control of the property Director?, eiec- 
of said corporation shall be vested in a board of directors, officio." 
consisting of not less than five in number, to be elected by 
said corporation. The president of Williams college at 
Williamstown shall be a director ex officio,, and a majority of 
the remaining directors shall be citizens of Hinsdale, and 
members of said association ; and said board of directors By-iaws. 
shall have power to adopt all necessary by-laws and regula- 
tions for the management of the same, subject to the approval 
of the corporation. 

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

Approved February 15, 1866. 



'EES OF THE FELLOWES' ATIIE- Ckcifi. 23. 
XBURY. 



An Act to incorporate the trustei 

N.EUM IN BOXBl 

Be it enacted, Sj'c., as follows : 

Section 1. Supply C. Thwing, William Whiting and corporators. 
George Putnam, and their associates and successors, are 
hereby made a corporation l)y the name of " The Trustees of Tine and per- 
the Fellowes' Athenaeum in Roxbury," and they and their '"''"' ^' 
successors, and such as shall be duly elected members of said 
corporation, shall be and remain a corporation by that name 
forever ; with all the powers and privileges and subject to PnvUeees and 
all the duties, restrictions and liabilities imposed by all gen- '^ "*^ 



20 



1 866.— Chapter 24. 



Powers of trus- 
tees. 



ProTiso. 



Corporation may 
receive certain 
legacies. 



May hold real 
and personal 
estate. 



eral laws that are or may be hereafter in force concerning 
such corporations. And said trustees may elect such officers 
as may be found necessary, fix the tenure of their office, 
frame such by-laws as may be deemed expedient, and elect 
new members of said corporation : provided, that the whole 
number of trustees shall not exceed twelve. 

Section 2. The said corporation shall have power to 
receive the legacies bequeathed to said trustees by the late 
Caleb Fellowes and Sarah Fellowes, of Philadelphia, and to 
perform and carry out the trusts upon which they were given 
by the respective wills of said Caleb and Sarah Fellowes ; and 
they may also hold other real and personal property, not 
exceeding in all two hundred thousand dollars in value, of 
which the income shall be appropriated exclusively to literary, 
scientific and educational purposes. 

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

Approved February 15, 1866. 



Chap 



Charter extended 
without limita- 
tion of time. 



May hold real 
estate in Boston. 



Proviso. 



. 24. An Act to continue in force an act incorporating the north 
american fire insurance company. 
Be it enacted, ^•c, as follows : 

Section 1. The act of the year one thousand eight hun- 
dred and fifty-one, entitled an act to incorporate the North 
American Fire Insurance Company, and all acts in addition 
to, or in amendment thereof, shall be, remain and continue 
in force, from and after the year one thousand eight hundred 
and seventy-one, in like manner and to the same effect as if 
said act incorporating said company had contained no limita- 
tion of time; and said North -American 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 
stock fire insurance company. 

Section 2. Said corporation is hereby authorized to hold 
real estate in tlie city of Boston, to an amount not exceeding 
one hundred and twenty thousand dollars : provided, that no 
part of said amount shall be invested in real estate, except 
for the purchase of a suitable site, and the erection or prepar- 
ation of a suitable building, to be used wholly or in part, for 
the purposes of said corporation ; and all income, if any, 
arising from such real estate, shall be devoted exclusively to 
the interests of said corporation. 

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

Approved February 15, 1866. 



1866.— Chapters 25, 26, 27. 21 

An Act to authorize the state mutual life assurance com- Qfidj) 95 

PAN'Y OF WORCESTER TO PURCHASE AND HOLD REAL ESTATE. 

Be it enacted, ^c, as follows : 

Section 1. The State Mutual Life Assurance Company in May hou esute 
the city of Worcester, is hereby authorized to purchase and '" ^^ °'''^^*'«''- 
hold real estate in said city, to an amount not exceeding fifty 
thousand dollars : provided, that no part of said amount shall Proviso. 
be invested in real estate, except in the purchase of a suitable 
site, and the erection or preparation of suitable buildings, to 
be used wholly, or in part, for the purposes of said company ; 
and all income, if any, arising from such real estate shall be 
devoted exclusively to the interests of said company. 

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

Approved February lo, 18G6. 
An Act to continue in force an act to incorporate the Chap. 26. 

HOLYOKE mutual FIRE INSURANCE COMPANY IN SALEM. 

Be it enacted, Sj'c, as follows : 

The act of the year one thousand eight hundred and forty- charter extended 
three, chapter sixteen, entitled, " an act to incorporate the tlonof time.'*" 
Holyoke Mutual Fire Insurance Company in Salem," and all 
acts in amendment thereof or in addition thereto, shall be 
continued and remain in force from and after the fourteenth 
day of March in the year one thousand eight hundred antl 
seventy-one, and said company shall continue to have and 
enjoy all the powers and privileges, and be subject to all the 
duties, liabilities and restrictions set forth in the general 
laws relating to such corporations, which are or may be in 
force, in like manner and to the same effect as if said act 
incorporating said company had contained no limitation of 
time. Approved Februartj 15, 1866. 

An Act to increase the capital stock of the Worcester gas Chan. 27. 

LIGHT company. 

Be it enacted, ^'c, as follows : 

Section 1. The Worcester Gas Light Company is hereby May increase to 
authorized to increase its capital stock to an amount not vest in estote, for 
exceeding three hundred thousand dollars, to be divided into ^"*'"«**- 
shares of one hundred dollars each, and to invest such por- 
tion thereof in real and personal estate as may be necessary 
and convenient for carrying on its business. 

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

Approved February 15, 1866. 



22 1866.— Chapters 28, 29, 30, 31. 

Chan. 28. -^^ ^^T in ADDITIOX to "an act to incorporate the MANSFIELD 
^ ' * AND SOMERSET RAILROAD COMPANY." 

Be it enacted, §'c., as follows : 
ExtenHon of SECTION 1. The time allowed to the corporation chartered 

straction"' ''*'''' by chapter eighty-two of the acts of the year eighteen hun- 
dred and sixty-four, to locate and construct its railroad, is 
hereby extended two years. 

Section 2. The name of the said corporation shall be 
" the Mansfield and Somerset Railroad Company." 

Approved February 15, 1866. 

Chap. 29. ^^ ^^"^ ^^ addition to AN ACT TO INCORPORATE THE HOLYOKE AND 
■^' " ' SOUTH HADLEY FALLS BRIDGE COMPANY. 

Be it enacted, §t., as follows : 
May use hcrse SECTION 1. The Holyokc and South Hadley Falls Bridge 
over certain Compaiiy is hcrcby authorized to construct, maintain and 
^^'^^^' use a horse railway track over the bridge to be constructed 

by said company. 

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

Approved February 15, 1866. 

Chnil SO -^^ -^^"^ '^^ AUTHORIZE SHAW NORRIS TO BUILD A WHARF. 

Be it enacted, §'c., as follows: 
May build and Sliaw Norris, of Edgartown, is hereby authorized to build 
maintain in j^j^^j maintain a wharf in front of his land on the westerly 

Holmes' Hole n , i /> xx i i xx i i i l -^ i i 

harbor, as may gide of tlic cast chop ot Holmcs Hole harbor, at a suitable 
com^JsTonere.^^ distancc from the wharf now located near the terminus of the 
county road leading from Edgartown to said harbor, and 
may build and maintain said wharf to a distance from the 
shore to be determined by the board of harbor commissioners, 
and to a depth of water not exceeding eight feet at low tide ; 
and shall have the right to lay vessels at the end and sides of 
said wharf, and to receive wharfage and dockage therefor : 
Provisos. provided, however, that this act shall not affect the legal rights 

of any person ; and also, that said wharf shall be built upon 
piles below low water-mark. Approved February 15, 1866. 

Chap. 31. -A-N Act to incorporate the durfee mills. 

Be it enacted, §'c., as follows : 
Corporators. SECTION 1. Bradford M. C. Durfee, David A. Brayton, John 

S. Brayton, their associates and successors, are hereby made 
Title and pur- a Corporation by the name of the Durfee Mills, for the purpose 
^°'*' of manufacturing woolen or cotton cloths, or any fabric 

wholly or in part of wool, cotton, silk, flax, hemp or jute, in 
Location. ^hc city of Fall River ; and for this purpose shall have all the 

PriTiieges and powcrs and privilcgcs, and be subject to all the duties, 
restrictions. restrictions and liabilities set forth in all the general laws 



1866.— Chapters 32, 33. 23 

■which now arc or may hereafter be in force, relating to 
manufacturing corporations. 

Section 2. Said corporation, for the purposes aforesaid, may May hold reai 
hold real estate necessary and convenient for its business, to ** 
an amount not exceeding five hundred thousand dollars, and 
the whole capital stock shall not exceed one million dollars, ^C"*^^'*'"^ 
divided into shares of one thousand dollars each : provided, Proviso. 
hoicever, that said corporation shall not go into operation 
until two hundred thousand dollars of its capital stock shall 
have been paid in, in cash. 

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

Approved February 15, 186G. 

Ax Act to incorporate the robeson mills. Chap. 32. 

Be it enacted, §'c., as follows: 

Section 1. Samuel Hathaway, Linden Cook, Charles P. corporators. 
Stickney, their associates and successors, are hereby made a 
corporation by the name of the Robeson Mills, for the pur- Titie and pur- 
pose of manufacturing cotton and woolen cloths, or any ^°'*' 
fabric wholly or in part of wool, cotton, silk, flax, hemp or 
jute, in the city of Fall River, and for this purpose shall have Location. 
all the powers and privileges, and be subiect to all the duties, PriTiieges and 
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 mav hold, for the purposes May toid real 
aforesaid, real estate necessary and convenient for its business, 
to an amount not exceeding three hundred thousand dollars, 
and the whole capital stock shall not exceed six hundred capital stock, 
thousand dollars, divided into shares of one thousand dollars 
each : provided, hoirever, that said corporation shall not go Proviso, 
into operation until one hundred thousand dollars of its 
capital stock is paid in, in cash. 

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

Approved February 15, 1866. 
An Act ix relation to the distribution of surplus funds of Chap. 33. 

LIFE insurance COMPANIES. 

Be it enacted, Sj'c, as follows : 

Section 1. All life insurance companies incorporated ^utu^TcoL 
under the laws of this Commonwealth, which do business nies may distrib- 
upon the principles of mutual insurance, or the members of "retio", within'* 
which are entitled to share in the surplus funds thereof, may ^" >'«*"• 
make distribution of such surplus as they may have accumu- 
lated annually, or once in two, three, four or five years, as 
the directors of such company may from time to time 
determine. 



24 



1866.— Chapters 34, 35. 



Shall reserve net 
sum of policies, 
with interest at 
4 per cent. 



May distribute 
fund propor- 
tional to con- 
tributions and 
allow interest. 



Payable policies, 
certain, to be 
included. 



Chap. 



May hold in 
Worcester for 
corporate use. 



Proviso. 



Chap. 35. 



May increase 
capital stock. 



Shares; time of 
payment limited 
to three years. 



Charter extended 
without limita- 
tion of time. 



Section 2. Said companies shall in determining the 
amount of the surplus to be distributed, reserve an amount 
not less than the aggregate net value of all the outstanding 
policies, said value being computed by the " combined expe- 
rience " or " actuaries' " rate of mortality, with interest at 
four per cent. 

Section 3. Said companies, in making distribution of 
such surplus fund, may distribute the same among their 
members in proportion to the sums of money which each 
member has contributed to the entire surplus funds to be 
distributed among all the members, and including in such 
contribution a just and equitable allowance for interest. 

Section 4. Policies which have become payable before the 
time when such distribution is made, and after the date of 
the last previous distribution of surplus, may share in the 
same equitably and proportionally. 

Approved February 16, 1866. 

34. An Act to authorize the people's fire insurance company to 
purchase and hold real estate. 
Be it enacted, §*c., as follows: 

Section 1. The People's Fire Insurance Company, of 
Worcester, is hereby authorized to purchase and hold real 
estate in said city, to an amount not exceeding one hundred 
and fifty thousand dollars, including the real estate already 
authorized to be held by said company : 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 prepa- 
ration of a suitable building, to be used wholly, or in part, 
for the purposes of said company ; and all income, if any, 
arising from such real estate, shall be devoted exclusively to 
the interests of said company. 

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

Approved February 16, 1866. 
An Act relating to the Springfield fire and marine insurance 

COMPANY. 

Be it enacted, §"c., as follows : 

Section 1. The Springfield Fire and Marine Insurance 
Company is hereby authorized to increase its capital stock to 
a sum not exceeding five hundred thousand dollars, to be 
divided into shares of one hundred dollars each, and to be 
paid in within three years from the passage of this act, in 
such instalments as the corporation shall from time to time 
determine, and to be invested according to law. 

Section 2. Said corporation shall be, remain and continue 
a corporation, from and after the fourteenth day of April, 



1866.— Chapters 36, 37. 25 

one thousand eight hundred and sixty-nine, in like manner 
and to the same effect as if the act incorporating said com- 
pany had contained no hmitation of time ; with all the 
powers and privileges and subject to all the duties, liabilities 
and restrictions set forth in all general laws that are now, or 
hereafter may be, in force relating to such corporations. 

Approved February 16, 1866. 

An Act concerning sewers and drains in the city of roxbury. Chap. 36. 
Be it enacted, Sj-c, as follows: 

Section 1. The board of aldermen of the city of Roxbury Aidermen may 

1 1 ^ .... • 1 'i n 1 • J • lay and maintain 

may lay, make and manitani m said city, all such main drains as council shaii 
and common sewers as the city council shall adjudge to be ^<^J"'^s«- 
necessary for the public convenience or the public health, and 
may repair the same from time to time whenever it is neces- 
sary ; and said city and the citizens thereof shall have the 
same rights, and be subject to the same liabilities, as if the 
same had been laid, made or maintained under the provisions 
of chapter forty-eight of the General Statutes, except as 
hereinafter provided. 

Section 2. When land is taken by virtue of the preceding Proceedings for 
section, the city council shall proceed in the manner required **^'°2 ''''''^■ 
by law in taking land for public highways or streets ; and 
persons suffering damage in their property shall have the Private damage, 
rights and remedies for the ascertainment and the recovery of recovery"' *° 
the amount of such damage provided by law for the ascer- 
tainment and recovery of damages for land taken in said city 
of Roxbury for public highways or streets. 

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

Approved February 16, 1866. 
An Act to authorize ira darroav and shubael l. norton to Chap. 37. 

BUILD A WHARF. 

Be it enacted, Sfc, as follows: 

Ira Darrow and Shubael L. Norton, of Edgartown, are May tuiid and 
hereby authorized to build and maintain a wharf in front of Hoime*s°Hoie 
their land on the easterly side of the east chop of Holmes' bed'ete'rminrd^by 
Hole harbor, to a distance from the shore to be determined commissioners. 
by the board of harbor commissioners, and to a depth of 
water not exceeding fifteen feet at low tide ; and shall have 
the right to lay vessels at the end and sides of said wharf 
and to receive wharfage and dockage therefor : provided, Proviso. 
however, that this act shall not affect the legal rights of any 
person ; and also that said wharf shall be built upon piles 
below low water mark. Approved February 16, 1866. 

11 



26 1866.— Chapters 38, 39, 40, -41. 

Chap. 38. -^^' -A^CT TO AUTHORIZE TARLTON C. LUCE TO BUILD A WHARF. 

Be it enacted, ^"c, as follows : 

May build and Tarlton C. Liice, of Edgartown, is hereby authorized to 

HoimeTiioie buikl aud maintain a wharf in front of his land on the 

bedlteri^nrd^by wcsterlj side of the east chop of Holmes' Hole harbor, to a 

commissioners, distanco froiii the shore to be determined by the board of 

harbor commissioners, and to a depth of water not exceeding 

fifteen feet at low tide ; and shall have the right to lay 

vessels at the end and sides of said wharf, and to receive 

Proviso. wharfage and dockage therefor : provided, hoivever, that this 

act shall not affect the legal rights of any person, and also 

that said wharf shall be built upon piles below low water 

mark. Approved February 16, 1866. 

Chap. 39. An Act in relation to banks. 

Be it enacted, Sj'c, as follows: 
Suspension of SECTION 1. The Operation of the fifty-ninth section of the 

penalty for fail- f i r^ iri -ii 

ure of specie fifty-scventh chaptcr of the General fetatutes is hereby sus- 
nole^unm Feb. pcudcd uutil the first day of February, in the year eighteen 
1, 1867. hundred and sixty-seven. 

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

Approved Fehruary 17, 1866. 
Chap. 40. -A.^ Act in addition to an act to incorporate the dighton 

AND somerset RAILROAD COMPANY. 

Be it enacted, §'c., as follows : 

Extension of time Thc timc allowcd for thc construction of the Dighton and 
Somerset Railroad, under the provisions of chapter one hun- 
dred and one of the acts of the year eighteen hundred and 
sixty-four, is hereby extended six months. 

Approved February 19, 1866. 

Chap. 41. An Act to incorporate the turner's falls branch railroad 

* company. 

Be it enacted, §'c., as folloivs : 

Corporators. SECTION 1. Alvah Crockcr, TTalter Heywood, Wendell T. 

Davis, Otis T. Ruggles and George E. Towne, their associates 

and successors, are hereby made a corporation by the name 

Title. of the Turner's Falls Branch Railroad Company, with all the 

Priviieses and powcrs and privileges, and subject to all the restrictions, 

restrictions. (Jutics and liabilities set forth in the general laws which now 

are or hereafter may be in force relating to such corporations. 

May construct SECTION 2. Said compauy may locate, construct and oper- 

fn M^togue^or atc a railroad, commencing at a point in the town of Mon- 

to point in Deer- ^aguc, near the old locks and dam at Turner's Falls, on the 

Connecticut river, and running southerly and down said 

river to a point in Montague aforesaid, or to a point in 



1866.— Chapter 42. 27 

Deerfield, coiivenient to unite with the New London Northern, 
the Vermont and Massachusetts, or Connecticut River Rail- 
roads, or with all of said railroads. 

Section 3. The capital stock of said company shall be capital stock. 
fixed by said company at an amount not less than one hun- 
dred thousand dollars and not more than two hundred and 
fifty thousand dollars, and when so fixed shall not thereafter 
be changed ; and said stock shall be divided into shares of shares. 
one hundred dollars each. Said company may purchase and Estate. 
hold such real and personal estate as may be necessary for 
the purpose for which it is incorporated. 

Section 4. The said Turner's Falls Branch Railroad Com- May unite with 
pany may unite their road with the New London Northern, roId8°aud uTe 
the Vermont and Massachusetts, or the Connecticut River ""'^^'i^'^- 
Railroads, or with all of said railroads, and may enter upon 
and use the tracks of said railroads, upon the terms and 
subject to the provisions of the statutes of the Commonwealth 
relating to railroads and railroad corporations. 

Section- 5. Said Turner's Falls Branch Railroad Company May lease or sen 
is hereby authorized and empowered to lease or transfer all ekhe'r'"8uch'cor. 
their property, right and franchise under this charter, either p*"^^"""^- 
to the New London Northern, the Vermont and Massachu- 
setts or the Connecticut River Railroad corporations, when- 
ever mutual arrangements may be made to that effect, for 
a limited time, or perpetually ; and either of said corpora- corporations 
tions is hereby authorized to accept such lease or transfer ^^^ *'"'^^'" 
whenever agreed upon by the parties. 

Section 6. This act shall be void unless the said railroad conditions of 
is located within two years, and constructed within four ^* ' ^ ° 
years, from the passage of this act. 

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

Approved February 19, 1866. 
An Act in relation to taxation of lands situated in the Chap. 42. 

TOWN OF west SPRINGFIELD. ■^' 

Be it enacted, Sj'c, as follows: 

Section 1. So much of the act for dividing the township Estates in taxed 
of Springfield and erecting the western part thereof into a reiie^ved°l^d"'to 
separate town by the name of West Springfield, passed in sprSeid.^^^' 
the year seventeen hundred and seventy-four, as provides 
that the town of West Springfield shall not tax certain lands 
or estates lying within the said town of West Springfield, 
and that the same may be taxed by the town of Springfield, 
is hereby repealed ; and hereafter all such lands or estates 
shall be taxed in the town of West Springfield. 

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

Approved February 20, 1866. 



28 1866.— Chapters 43, 44, 45. 

Chat). 43^ "^^^ -^^^ '^^ AUTHORIZE THE MASSACHUSETTS MUTUAL LIFE INSURANCE 
COMPANY TO INCREASE ITS INVESTMENTS IN REAL ESTATE. 

Be it enacted, Sfc, as follows : 
May Increase SECTION 1. The Massachusetts Mutual Life Insurance 

fiftv thousand /-^ 'ii ^i-j^'j. j. j. 

douars. Company is hereby authorized to invest an amount not 

exceeding fifty thousand dollars in the purchase of real 
estate in the city of Springfield, for the site of a building, to 
be used wholly or in part, for the purposes of said corporation, 
and for the erection and preparation of said building ; said 
amount to be in addition to fifty thousand dollars now author- 
income of estate izcd to bc licld by said company in real estate : and all 
corporate use. ° incomo, if any, arising from such real estate shall be devoted 

exclusively to the interests of said corporation. 

Company may, SECTION 2. Said compauy is hereby authorized to redeem 

afsured^.^redeem at par and cxtinguisli all or any part of its original guarantee 

te^^capitir"^"' capital stock, whenever so directed by a vote of the assured, 

and to appropriate for this purpose so much of its funds as 

may be necessary. Approved February 20, 1866. 

Chdl). 44. -^^ -^^"^ AUTHORIZING THE BERKSHIRE LIFE INSURANCE COMPANY TO 

HOLD REAL ESTATE. 

Be it enacted, Sj'c, as follows : 

Mayhoidforcor- Tlic Berkshire Life Insurance Company is hereby author- 
porateuses. ^^^^ ^^ purchaso and hold real estate to an amount not 
exceeding seventy-five 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 prepara- 
tion of suitable buildings, to be used wholly or in part for 
the purposes of said company ; and all income, if any, arising 
from such real estate, shall he devoted exclusively to the 
interests of said company. Approved February 20, 1866. 

Chap. 45. ■'^N ^^'^ ^^ ADDITION TO AN ACT TO ESTABLISH THE CITY OF TAUNTON. 

Be it enacted, Sfc, as follows : 
City council may SECTION 1. The city council of the city of Taunton is 
pl^ent.^us'*''" hereby authorized to establish a fire department for said city. 
o?^ve*r^e™t!*^ Said couucll may, by ordinance, determine of what officers 
and members said department shall consist, prescribe the 
time and mode of their appointment and removal, define 
their powers, duties and period of service, fix their compen- 
sation, and make such other regulations regarding their 
conduct and government, as they deem expedient. 
Powers of officers SECTION 2. Tlic engineers, or other officers of the depart- 
unTer^Q^.'s.''"'^ mcut, appointed as aforesaid, shall have all the powers and 
authority conferred upon fire wards by the General Statutes. 



18G6.— Chapter 45. 29 

Section 3. The city council of said city may, by ordinance, coudcu may 
make regulations concerning the management of fires, the atfc" upoTTni 
conduct "of all persons attending or present thereat, the ^res:^^y°pro- 
removal and protection of property, the examination of any ^we Bafeguards. 
building or place where combustible materials or substances 
are supposed to be kept or deposited, the removal of such 
materials and substances, and the adoption of other suitable 
safeguards against fires, and the loss or destruction of 
property thereat. 

Section 4. Said city may procure and hold such land, city may have 

. 'Til i 1 estate and appa- 

buildings, furniture, engines and other apparatus, as may be ratus for depart- 
necessary for the purposes of the fire department ; and the coy^cu to con- 
city council may, by ordinance, make regulations regarding troi- 
the use, control and preservation thereof. 

Section 5. The powers and duties mentioned in the pre- Powers and 

T ,. n l^ 1 • 1 -I -J duties vested in 

ceding sections, or any ot them, may be exercised and carried councu. 
into effect by the said city council, in any manner which they 
may prescribe, and through the agency of any persons, or any 
board or boards, to whom they may delegate the same. 
Suitable penalties may be affixed to the violation of the regu- 
lations made under the authority of this act, not exceeding 
twenty dollars for any one breach thereof. 

Section 6. Said city is hereby authorized to expend a sum city may appro- 
not exceeding five hundred dollars annually, under the direc- of 'd^awed'e Ac- 
tion of the city council, for the relief of such firemen as are "f^an^y Im^'^on 
disabled in the service of said city, and for the relief of the <iuty- 
families of such firemen as are killed in the performance of 
their duties. 

Section 7. The assessors of said city shall, after the pres- Assessors, nnm- 
ent year, consist of three persons, elected by the city council when chosen, 
by concurrent vote. As soon as may be after the first Monday "ffice.*^"^""^ "^ 
of January in the year eighteen hundred and sixty-seven, one 
assessor shall be so elected for the term of one year, one for 
the term of two years, and one for the term of three years 
from said first Monday, and until their successors respectively 
are chosen. In each succeeding year, one assessor shall be so 
elected for the term of three years. The city council may, in council may an 

i-i r-Tt • • -J 1 1 Tacancies, supply 

like manner, fill any vacancy occurring in said board ; may assistants, and 
elect such assistants, and provide such clerical aid as they compe^tton!"*^ 
deem necessary, and define the duties and fix the compensa- 
tion of all of said officers. The mayor of said city shall not, 
after the present year, be, ex officio, a member of the board 
of assessors. 

Section 8. No person shall be appointed city marshal, Pf"ce depart- 
assistant-marshal, constable, or to any other office in the to shaii be nomi- 
police department of said city, imless nominated to said "»'«* ^y "^y^r. 
office by the mayor. 



validity of Act. 



30 1866.— Chapters 46, 47, 48, 49. 

Repeal- Section 9. So much of the act to which this act is in 

addition as is inconsistent herewith, is hereby repealed. 

Conditions of^ SECTION 10. This act shall take effect whenever the same 
is adopted by the city council of said city by concurrent vote ; 
and unless so adopted within six months after its passage, the 
same shall be void. Approved February 20, 1866. 

Chap. 46. ^^ -^CT IN RELATION TO THE SALARIES OF THE JUDGES OF THE 

SUPREME JUDICIAL COURT. 

Be it enacted, Sfc, as follows: 
Chief justice. SECTION 1. The chicf justicc of the supreme judicial 

court shall receive an annual salary of fifty-five hundred 
Associate jus- dollars. Eacli of the associate iustices of said court shall 

tices 

receive an annual salary of five thousand dollars, 
'•'^easurer to pay SECTION 2. Thc trcasurcr and receiver-general is directed 
to pay said salaries in equal quarterly payments from the first 
day of January in the year eighteen hundred and sixty-six. 

Approved February 26, 1866. 

Chap. 47. -A^N Act TO AMEND CHAPTER ONE HUNDRED AND THIRTY-SEVEN OF 
THE GENERAL STATUTES, IN RELATION TO FORCIBLE ENTRY AND 
DETAINER. 

Be it enacted, §'c., as follows: 

Action to be SECTION 1. Actions uudcr section five of chapter one 

entered in county , -- ti- r* ^ r^ in -in-i 

of premises. hundred and thirty-seven oi the (jeneral Statutes, shall be 

brought in the county where the premises are situated ; but 

serrice upon de- vrlicn any defendant resides in any other county, the writ 

fendant in other , ■' , ,. ,,*' ,, .•'' .•r>-i 

county. may be served upon him personally, or by leaving a certified 

copy thereof at his last and usual place of abode. 

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

Approved February 26, 1866. 

Chap. 48. -^^ ■^^'^ CONCERNING THE TAXATION OF INCOMES. 

Be it enacted, Sfc, as follows : 

^x?e°ss°of ^"i ooo" Section four of chapter eleven of the General Statutes is 

for year ending SO far amcuded that the income subject to taxation, shall be 

subject.'' '" ^^ only so much as exceeds one thousand dollars, and which 

has accrued to any person during the year ending on the first 

. day of May of the year in which the tax is assessed. 

Approved February 26, 1866. 

Chat) 49 -^^ ^'^^ ^^ REPEAL "AN ACT TO AUTHORIZE THE RAISING OF A 
"' ' * FUND FOR THE SUPPORT OF PUBLIC SCHOOLS IN THE TOWN OF 
SPRINGFIELD," AND FOR OTHER PURPOSES. 

Be it enacted, ^'c, as follows : 

Iu"horize°d^^r'^' ^^^^ ^^^ entitled " an act to authorize the raising of a fund 
Act of 1810, may for thc support of public schools in the town of Springfield," 
h™d^ thereunder approvcd Marcli third, in the year eighteen hundred and ten, 
to city. ^g hereby repealed ; and the trustees of the school fund in 



1866. — Chapters 50, 51. 31 

Springfield, incorporated under said act, are hereby author- 
ized to transfer to the city of Springfield all real and personal 
estate held by them as such trustees. 

Approved February 26, 1806. 



O INCORPORATE CERTAIN PER- Cliap. 50. 
R THE SUPPORT OF A CONGRE- 



An Act in addition to an act to 

SONS as TRUSTEES OF A FUND FO 

GATIONAL MINISTER IN THE TOWN OF SHREWSBURY. 

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

Section 1. The fund raised in the town of Shrewsbury, ?"j'?^.™^fg'^ ^^. 
for the support of a Congregational minister in said town, and aer Act of isoi, 
established by an act of the general court passed the oferstcon^e^^ 
eighteenth day of February, in the year eighteen hundred ''°°^^ society. 
and one, constituting certain individuals therein named, and 
their successors in office, trustees of said fund, shall hereafter 
be knowai as the fund for the support of a Congregational 
minister in the first Congregational parish and religious 
society in the town of Shrewsbury. 

Section 2. The said trustees shall have power to increase Trustees may in- 
the principal of said fund to the sum of twenty thousand "^^^ 
dollars. 

Section 3. The said parish shall have power, from time shaii be iodi- 
to time, to call the said trustees to account for their manage- Iibie for itfuse" 
ment of said fund, and they in their corporate and individual 
capacity shall be accountable to said parish for the safe 
keeping of said fund ; and their goods and estates shall be 
held liable to make good any loss the parish may otherwise 
sustain, through their neglect or misuse of the same. 

Section 4. All parts of the act incorporating said fund R«peai. 
and the trustees thereof, inconsistent with this act, are 
hereby repealed. 

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

Approved February 26, 1866. 
An Act to straighten and establish the town line betwee.n Qhnn 51 

TAUNTON AND RAYNHAM. "' 

Be it enacted, ^'c, as follows : 

A straight line running from the monument between the i^'ne from monu- 
city of Taunton and the tow^n of Raynham, at a point called wa"er*to east 
Shallow Water, in Taunton Great River, to the east end of ^^tlb^Lrrl™^ 
Prospect Hill, is hereby established as the boundary line bo'Jii'i^'"y- 
of said towns between said points ; anything in the act 
incorporating said town of Raynham to the contrary not- 
withstanding. Approved February 27, 1866. 



32 



1866.— Chapter 52. 



Chan. 52. An Act making appropriations from the funds and the 

'■ ' "' INCOME OP THE FUNDS HEREIN MENTIONED, AND FOR OTHER 
PURPOSES. 



Appropriations 
authorized. 



Rogers book 
fund, income. 



Todd normal 
school fund, 
income. 



Indian school 
fund, income. 



Charles River 
and Warren 
Bridge fund. 



Charles River. 
Acts 1864, 257. 
Repairs. 

Horse-keeping. 

Fuel and lights. 

Incidental. 

Draw-tender. 
Acts 1861, 96. 

Warren. 

Acts 1864, 257. 
Repairs. 

Ilorse-keeping. 
Lights and fuel. 
Incidental. 



Draw-tender. 
Acts 1861, 96. 

Essex bridge tolls 
appropriated. 
Acts 1859, 122. 



Be it enacted, ffc, as follows : 

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

The income of the Rogers book fund shall be expended in 
accordance with the conditions named by the donorj 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 
to the treasurer of the board of education, to be applied in 
such manner as shall be prescribed by said board, in accord- 
ance with chapter thirty-six of the General Statutes. 

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

Section 2. The sums mentioned in this section are appro- 
priated to be paid out of the Charles River and Warren 
Bridge fund, for the year eighteen hundred and sixty-six, to 
wit : 

On account of the Charles River Bridge. 

For repairs on said bridge and buildings belonging thereto, 
a sum not exceeding twenty-five hundred dollars. 

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

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

For incidental and contingent expenses, a sum not exceed- 
ing one hundred and fifty dollars. 

For the compensation of the draw-tender on said bridge, 
the sum of twelve hundred dollars. 

On account of Warren Bridge. 

For repairs on said bridge and buildings belonging thereto, 
a sum not exceeding eighteen Imndred dollars. 

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

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

For incidental and contingent expenses, a sum not exceed- 
ing one hundred and fifty dollars. 

For the compensation of the draw-tender on said bridge, 
the sum of eleven hundred dollars. 

Section 3. The sums mentioned in this section are appro- 
priated to be paid out of the moneys arising from the tolls 



1866.— Chapters 53, 54. 33 

collected on the Essex bridge, for the year eighteen hundred 
and sixty-six, to wit : 

For the salary of the agent of said bridge, the sum of one ^f^^iljl^ia?.' 
hundred dollars. 

For the compensation of the toll-gatherers and draw-tenders ^°^"^*'^^^f" 
upon said bridge, a sum not exceeding six hundred dollars, tenders. 

For the repair and maintenance of said bridge, a sum not Ma'intetfnMand 
exceeding twenty-five hundred dollars. repairs. 

For gas, oil and fluid, a sum not exceeding three hundred Lights. 
dollars. 

For incidental and contingent expenses, a sum not exceed- incidental. 
ing thirty dollars. 

And all moneys arising from the tolls on said bridge shall l^l^l^^J^l° 
be paid into the state treasury. 

Section 4. In all cases for which no other provision is ^°'=°'?^ "Vte*^' 
made by law, the income or any surplus thereof, of all funds added principal, 
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 A/arch 2, 1866. 

Ax Act coxcerxixg the maxagemext of the school fuxd. Chap. 53. 
Be it enacted, ^'c, as follows : 

Section 1. The secretary of the board of education and secretary board 

,,, , . ^ iini •• education and 

the treasurer and receiver-general, shall be commissioners, treasurer com- 
whose duty shall be to invest and manage the Massachusetts ™anrge'Md*° 
school fund, and report annually to the legislature the condi- report annually, 
tion and income thereof. All new investments of said fund, xew investments 
or any part of the same, shall be made with the approval of approval 
the governor and council. 

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

Approved March 2, 1866. 
An Act ix additiox to ax act to regulate the fisheries ix Chan. 54. 

TAUXTON GREAT RIVER AXD THE XEW-MASKET RIVER. 

Be it enacted, §'c., as follows : 

The city of Taunton may hereafter sell its privileges of city council of 
taking shad and alewives in Taunton Great River, under the rishts°U)Ta'k? 
direction of its city council, instead of at a legal meeting, to ^^^' 
be held for that purpose, as required by the second section of 
chapter four hundred and one of the acts of the year 
eighteen hundred and fifty-five. Approved March 2, ISGG. 

12 



34 



1866. — Chapters 55, 56. 



Chap. 55. -'^^' -^CT COXCKRXIXG THE NEPTUNE INSURANCE COMPANY IN THE CITY 



OF BOSTON. 



Be it enacted, ^'c, as foUoios. 



Act incorporat- SECTION 1. The eiglitli chapter of the acts of the year one 
additional there- thousaud cight hiiiulred and thirty, entitled " an act to incor- 
out'Yimitadou^of porate the Charlestowu Fire and Marine Insurance Company," 
t™«- the twenty-fifth chapter of the acts of the year one thousand 

eight hundred and thirty-one, entitled " an act to alter and 
amend an act entitled an act to incorporate the Charlestown 
Fire and Marine Insurance Company," the twentieth chapter 
of the acts of the year one thousand eight hundred and 
forty-nine, entitled " an act to continue in force the act incor- 
porating the Neptune Insurance Company in the city of 
Boston, and to authorize an increase of its capital stock," 
and all acts in amendment thereof or in addition thereto, 
shall be continued and remain in force, without limitation of 
time, from and after the fifth day of June, in. the year one 
thousand eight hundred and seventy ; and the said corpora- 
tion shall have all the powers and privileges, and be subject 
to all the duties, restrictions and liabilities set forth in the 
general laws which have been or shall be passed in relation 
to such insurance companies. 

Section 2. The said corporation shall assume, and be 
hereafter known and called by the name of the Neptune 
Insurance Company. 

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

Approved March 2, 1866. 



Corporate name 
defined. 



Chaj). 56. 

Corporators. 



Title and pur- 
pose, 



Privileges and 
restrictions. 



May hold real 
estate. 

Capital stock and 
fhares. 



An Act to incorporate the williston mills. 

Be it enacted, ^'c, as follows : 

Section 1. Samuel Williston, Horatio G. Knight, Moses 
H. Leonard, their associates and successors, are hereby made 
a corporation l)y the name of the Williston Mills, for the pur- 
pose of manufacturing cotton goods, or any fabric wholly or 
in part of cotton, wool or silk, in the town of Easthampton ; 
with all the powers and privileges, and subject to all the 
duties, restrictions and liabilities set forth in all general laws 
w^hich 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 four hundred thousand 
dollars, and the whole capital stock shall not exceed eight 
hundred thousand dollars, divided into shares of one hundred 
dollars each : provided, however, that said corporation shall 



1866. — Chapters 57, 58. 35 

not go into operation until the sum of two Inindred thousand 
dollars of its capital stock is paid in. 

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

Approved March 2, 1866. 

An Act to authorize william cobb to extend his wharf. Choi). 57. 
Be il enacted, ;Vc., as follows: 

William Cobb is hereby authorized to extend and maintain May extend frcm 
his wharf in Dighton, in front of his land along the channel Truntou'''GreaT 
bank of Taunton Great River, from his present wharf in a ^"^"• 
southerly direction, to the land of the Dighton Tack Com- 
pany ; and shall have the right to lay vessels at the end and 
sides of said wharf, and to receive wharfage and dockage 
therefor : provided^ that the channel line of said wharf shall Provisos, 
be fixed and determined by the board of harbor commission- 
ers, and provided that this act shall in no wise affect the legal 
rights of any person. Approved March 2, 1866. 

Ax Act to inx'Orporate the chebacco branch railroad Chat). 58. 

COMPANY. ^ 

Be it enacted, §'c., as follows : 

Sectigx 1. David Choate, Charles Howes, Abel Story, corporators. 
junior, Jacob Burnham and John F. Burnham, their associ- 
ates and successors, are hereby made a corporation by the 
name of the Chebacco Branch Railroad Company, with all Titie. 
the powers and privileges and subject to all the duties, corporate poiv- 
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 locate, construct and May coc^truct 

. ,• •!! ' 1. • j_ • j_ • road from point 

mamtam a railroad, commencing at some convenient point m in E^?ex and 
the town of Essex, and thence running through portions of EaX'rn Road 
the towns of Ipswich, Hamilton and Wenham, or cither of ^j.jj^J.'Jj""^'''''^ 
them, to some convenient point on the Eastern Railroad, 
near the twenty-second mile-post, or at such other point of 
connection as may be found most suitable ; or commencing 
at such convenient point in said town of Essex, and thence 
running through portions of the towns of Hamilton, Wenham, 
Manchester and Beverly, or either of them, to some conven- 
ient point on the Gloucester Branch Railroad, with the right 
in either case to cross Mill Creek, in the town of Essex. 

Section 3. Said corporation may enter with its road upon May use either of 
the Eastern Railroad or upon the Gloucester Branch Rail- consenrof East- 
road, and use the same according to law, the consent of the "" <^'°'"P''°>- 
Eastern Railroad Company being first given in either case. 

Section 4. Said corporation is hereby authorized to sell Mayseiifranchi.-e 
and transfer its franchise, and all its rights under this act, or East^n* ^°^ 



36 



1866. — Chapter 59. 



Capital and 



Eastern Co. may 
own one-third of 
capital. 



Town of Essex 
may hold stock. 



ProTiso: two- 
thirds of inhabi- 
tants so voting. 



Town may raise 
money for, by 
loan or tax. 



Selectmen and 
treasurer to 
represent town 
at meetings of 
Chebacco Branch 
Company. 



Conditions of 
validity of Act. 



to lease its road or other property, either for a limited time 
or perpetually, to the Eastern Railroad Company, on such 
terms as may be mutually agreed upon. 

Section 5. The capital stock shall not exceed two thou- 
sand shares, of one hundred dollars each, the number of 
which shall be determined, from time to time, by the 
directors : and said corporation may purchase and hold such 
real estate and personal property as may be necessary for the 
purposes of this act. 

Section 6. The Eastern Eailroad Company may subscribe 
for and hold such portion of the capital stock in said corpora- 
tion, not exceeding one-third of the whole amoimt thereof, as 
said company may choose. 

Section 7. The town of Essex is hereby authorized to 
subscribe for and hold shares in the capital stock of the 
Chebacco Branch Railroad Company, to the amount of fifty 
thousand dollars : provided., the inhabitants of said town, at 
a legal meeting duly called for that purpose, shall, by a vote 
of two-thirds of the legal voters present and voting thereon, 
vote to subscribe for such shares, in accordance with the 
terms of this act, to pay for the same out of the town treas- 
ury, and to hold the same as town property, subject to the 
disposition of the town, for pul^lic purposes, in like manner 
as any other property it may possess. 

Section 8. Said town of Essex is hereby authorized to 
raise, by loan or tax, any sums of money which shall be 
required to pay its instalments on its subscriptions to said 
stock, and interest thereon. 

Section 9. The selectmen and treasurer of the town of 
Essex shall have authority to represent said town at any 
meeting of the Chebacco Branch Railroad Company, and 
said town, so represented, is hereby authorized to vote on the 
whole amount of stock held by said town of Essex, anything 
in the sixty-third chapter of the General Statutes to the 
contrary notwithstanding. 

Section 10. This act shall take effect upon its passage, 
and shall be void unless said road is located within two years 
and constructed within four years from the passage of this act. 

Approved March 3, 1866. 



Chan. 59. -^^^' -^^t in relation to the third and fourth congressional 

■* * * DISTRICTS. 

Be it enacted, §'c., as follows : 

Section 1. The second section of chapter two hundred 



District number 
three. 



and twenty-six of the acts of the year eighteen hundred and 
sixty-two is hereby so amended, in relation to the third. 



1866.— Chapters 60, 61. 37 

congressional district, that the city of Roxburj and the town 
of Brooklinc, in the county of Norfolk, and the territory 
comprised in the wards numbered five, seven, eight, ten, 
eleven and twelve, in the city of Boston, in the county of 
Suffolk, shall form one district, and be Called District Number 
Three. 

Section 2. The second section of chapter two hundred District number 
and twenty-six of the acts of the year eighteen hundred and ^°"''' 
sixty-two is hereby so amended, in relation to the fourth 
congressional district, that the territory comprised in the 
wards numbered one, two, three, four, six and nine, in the 
city of Boston, the city of Chelsea, and the towns of North 
Chelsea and Winthrop, in the county of Suffolk, and the city 
of Cambridge, in the county of Middlesex, shall form one 
district, and be called District Number Four. 

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

Approved March 3, 1866. 
An Act to change the place of holding probate courts in the Chap. 60. 

COUNTY OK HAMPSHIRE. ''■ 

Be it enacted, §'c., as folloics : 

The probate court for the county of Hampshire, fixed by Holding changed 
law to be held in the town of Chesterfield on the third Tues- to°wiiuamsburg. 
days of May and October, shall hereafter be held on those 
days in the town of Williamsburg, in said county. 

Approved March 3, 1866. 

An Act in relation to the dukes county educational asso- Chan. 61. 

CIATION. ^ ' 

Be it enacted, ^'c, as follows : '•'■ 

Section 1. When the Dukes county educational associa- two semi-annuai 
tion holds two semi-annual meetings of not less than two terest°of 'pubuc 
days each, for the express purpose of promoting the interests ranrstJTe grl- 
of the public schools, it shall receive fifty dollars from the tuity. 
Commonwealth. 

Section 2. Upon the certificate, under oath, of the presi- Attested certie- 
dent and secretary -of said association to the governor, that required^°^*™°^ 
two semi-annual meetings have been held in accordance with 
the provisions of the preceding section, he shall draw his 
warrant in favor of said association for the sum aforesaid. 

Section 3. So much of the fifty-eighth chapter of the acts Repeal. 
of the year eighteen hundred and sixty-four as relates to the 
Dukes county educational association is hereby repealed. 

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

Approved March 3, 1866. 



38 1866.— Chapters 62," 63, 64, 65. 

Chap. 62. -A.X Act to incorporate the stony brook water-power company. 

Be il enacted, §'c., as follows: 
Corporators. SECTION 1. Alexander H. Carjl, Charles G. Sargent, 

Isaac Farrington, their associates and successors, arc hereby 
Title. made a corporation by the name of the Stony Brook "Water- 

purpose. Power Company, for the purpose of constructing and main- 

Location, taining a reservoir of water at Gilson's Mills, so called, in 

the town of Littleton, for the supply of mills situated on the 
rJitr'icuon^'*"'^ Stouy Broolv strcam ; 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 such corporations. 
Estate. Section 2. Said corporation may hold real and personal 

estate necessary and convenient for the purposes aforesaid, 
Capital stock and but its wliolc Capital stoclv 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 March 3, 1866. 

Chop. 63. An Act to increase the capital stock of the north adams 

AVOOLEN COMPANY. 

Be it enacted, Sfc, as follows : 
capital" and^^n- SECTION 1. Thc North Adauis Woolen Company, a corpo- 
vestments ia ratiou cstablishcd in Adams, is hereby authorized to increase 

estate 

its capital stock fifty thousand dollars, and to invest such 
additional capital in real or personal estate as may be neces- 
sary and convenient for its business. 
Section 2. This act shall take effect upon its passage. 

Approved March 3, 1866. 

• . . 

Chap. 64. An Act to increase the capital stock of the williamstown 

manufacturing company. 
Be it enacted, Sfc, asfoUoics: 
May add to capi- Section 1. The Williamstowu Manufacturing Company 
estate. is hcrcby authorized to increase its capital stock one hundred 

thousand dollars, the same to be divided into shares of one 
hundred dollars each, and to hold real estate necessary and 
convenient for its business, not exceeding in all one hundred 
and seventy-five thousand dollars. 

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

Approved March 3, 1866. 

Chap. 65. An Act to provide for the publication and distribution of 
"' ' the laws. 

Be it enacted, ^'c, as follows: 

edUioM orActs Section 1. The number of copies of the volumes of acts 
and Kesoive.s to and rcsolvcs which the secretary of the Commonwealth is 
be 3,000 copies, ^jj^^^^^g^j^ ^j ^|^q l^^.g^ scctiou of chaptcr three of the General 



1866.— Chapter 66. 39 

Statutes, to collate and cause to be printed at the close of 
each sessjipn of the general court, shall he three thousand. 

Section 2. In addition to the distribution provided for in secretary to sup- 
the second section of said chapter, the secretary of the Com- oncau.oMcopy! 
monwealth shall, upon the application of the librarian thereof, 
furnish one copy of each of said volumes to every athenoeum, 
every incorporated and every public library, established 
under the laws of this Commonwealth. 

Section 3. The secretary of the Commonwealth shall. General laws, 
immediately after the close of each session of the general ssloocT copies! 
court, cause to be published, in a pamplet form, thirty-five 
thousand copies of the general laws and resolves, and shall 
cause the same to be apportioned according to the census, shaii be distrib- 
and sent to the clerks of the several cities and towns, to be and deiiver°eTto 
delivered by them to such inhabitants of said cities and towns appi'^^^^ts- 
as shall make application therefor : provided, that whenever Proviso, 
it shall appear, from the representation of the clerk of any 
city or town, that the number to which such city or town is 
entitled is greater than the number applied for by its inhabi- 
tants, the portion assigned to such city or town may be 
diminished, and the secretary shall cause the reserved surplus 
to be distributed in such a manner as, in his judgment, the 
public good may require. 

Section 4. The third section of chapter three of the i^epeai of § 3, 
General Statutes, and chapter eighty-five of the acts of the and^chap. 85,' 
year eighteen hundred and sixty-two, are hereby repealed. -^"'^ ^^^^• 

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

Approved March 5, 1866. 
Ax Act to authorize the new haven asd xorthajiptox com- Chop. QQ. 

PANY TO EXTEND THEIR RAILROAD. 

Be it enacted^ §"c., as follows : 

Section 1. The New Haven and Northampton Company May extend from 
are authorized to extend their railroad, and to locate and NortiTampto'^n to 
construct the same from its present terminus in the town of uamsbuig^^''" 
Northampton, by the most convenient route, to a point in the 
town of Williamsburg on or near the present location of the 
Northampton and Shelburne Falls Railroad : provided, their Proviso. 
location between their present terminus and Edwards street, 
in Northampton, shall not cover lands more than fifty feet in 
width, westerly of the land of the Connecticut River Railroad 
Company. 

Section 2. The New Haven and Northampton Company May increase 
may increase their capital stock by vote of their directors, so "^^^^ ^ ^^ ■ 
that the same shall not exceed two millions and five hundred 
thousand dollars. 



40 1866.— Chapters 67, 68. 

Townofwii- Section 3. The town of Williamsburoj is hereby autlior- 

liamsburg may . - , , i • i xt tt t ?t i ^ 

take stock in, as ized to take stock 111 the New Hayen and Northampton Com- 

R. Co *°unde/' panj, the same as they were authorized to take stocK in the 

chap. 56, 1862. Northampton and Shelburne Falls Eailroad Company by 

chapter fifty-six of the acts of the year eighteen hundred 

and sixty-two, according to the state valuation of the year 

eighteen hundred and sixty-five. 

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

Approved March 8, 1866. 

Chap. 67. -^^' -^CT IN RELATION TO OFFICE HOURS OF STATE DEPARTMENTS. 

Be it enacted, §'c., as follows. • 

Business hours SECTION 1. The ofl&ces of all tlic departments of the state 
Smed by gover- govemmeiit sliall be open to the public for the transaction of 
nor and council, jj^iginggg^ daily, cxccpt Oil Suudays and on legal holidays, 

during such hours as the governor and executive council may 

direct. 

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

Approved March 9, 1868. 

Chap. 68. -^^' -A^CT TO CONFIRM AN INDENTURE CONCERNING LANDS AND DRAIN- 
AGE IN THE BACK BAY. 

Be it enacted, ^'c, as follows : 

Indenture of SECTION 1. All indenture tripartite, between the Commoii- 

Bo^to'n.'^and'' wcaltli, tlic Bostoii Water Power Company, and the city of 

S*!^La^d°e'^i)ec. Bostou, uiadc aiid concluded on the thirty-first day of Decem- 

i86i, confirmed. i,qj,^ {y^ i[^q yg^j. Qf q-^j. Lord eighteen hundred and sixty-four, 

and approved by the governor and council, relating to the 

laying out of lands and the drainage thereof, in the back bay. 

Commissioners is hereby confirmed ; and the commissioners on public lands 

may^change fines arc authorizcd to make such alterations in the laying out of 

Btrllts.^ ^"'^ lands and streets as may conform thereto : provided, that no 

Proviso. change shall be made by said commissioners in the width of 

any street on which land has been sold by the Commonwealth, 

without the consent of the parties to whom such land has 

been sold, or by whom it may be owned at the time such 

change is made. 

D.irtmouth street SECTION 2. The strcct formerly Called Dcdhaiu street, now 

certain points, callcd Dartiuouth strcct, is hereby widened forty feet on its 

westerly side from the point where it connects with Huntington 

avenue to Beacon street, so that the same shall be one hundred 

feet in width between the points above named. 

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

Approved March 9, 1866. 



1866.— Chapters 69, 70, 71. 41 

Ax Act to authorize the city of eoxbury to divert the Chap. 69. 

WATERS OF SMELT BROOK. 

Be it enacted^ ^'c, as follows : 

Section 1. The city of Eoxbury, for the purpose of sew- May divert for 

T 1 , o r< ^l_ T-> 1 i • sewerage at any 

erage, may divert the water oi bmelt brook, or any portion point witwa city 
thereof, from its present course, at any convenient point '''^"''''' 
within the territorial limits of said city, and conduct the 
same into the common sewers of said city, as now existing or 
hereafter to be constructed, or may provide a new channel, 
culvert or outlet therefor to tide-water, and to these ends 
shall have all the rights, and be subject to all the liabilities 
provided for in an act concerning sewers and drains in the 
city of Eoxbury, passed in the year one thousand eight 
hundred and sixty-six. 

Section 2. The city of Eoxbury may authorize such ^ay authorize 

''. *^..*' , ,, person or corpo- 

Qiversion to be made, under its supervision and control, by ration to make 

,. ,. .IT , diversion. 

any person or persons, corporation or corporations, willing to 
undertake the same, and to assume and defray the entire 
cost and expense thereof, and to indemnify said city there- 
from, upon such terms and conditions as said city shall deem 
expedient. 

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

Approved March 9, 1866. 
Ax Act to repeal "ax act to authorize towxs axd cities to CJian. 70. 

RE-IMBURSE MOXEY PAID FOR RECRUITIXG PURPOSES." 

Be it enacted, Sj'c, as follows: 

Section 1. Chapter one hundred and fifty-two of the acts Act of is65 re- 
ef the year eighteen hundred and sixty-five, is hereby ^^^^ ' 
repealed. 

Section 2. This act shall not affect proceedings already Proceedings be- 
begun in any city or town for rc-imbursement under said act. not"tobraffected. 

Approved March 12, 1SG6. 

An Act to authorize the bostox axd Worcester railroad ecu- Chop. 71. 

PORATIOX TO ABAXDOX AXY PASSEXGER STATIOX OR DEPOT OX ITS 
ROAD IX XATICK, AXD FOR OTHER PURPOSES. 

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

Section 1. The Boston and Worcester Eailroad Corpora- m^j: abandon 
tion is hereby authorized and permitted to aljandon any land for new 
passenger station or depot on its road in the town of Xatick, '^''''°'' 
and to purchase or otherwise take so much land in said 
Natick, not exceeding three acres, and such materials as may 
be upon the land so purchased or taken, as said corporation 
shall deem necessary or expedient for depot or station 
purposes. 

13 



42 



1866. — Chapters 72, 73. 



Corporate rights 
in land defined. 



Damage to pri- 
vate property, 
owner's remedy. 



Chap. 72. 

Corporators. 
Title. 



Privileges and 
restrictions. 



Chap. 73. 



Appropriations 
authorized. 



Section 2, Said corporation shall, in relation to such 
land, be entitled to all the rights and privileges, and subject 
to all the duties, liabilities and restrictions set forth in the 
general laws relating to such corporations. 

Section 3. All persons who shall sustain any damage in 
their property by the taking of such land or materials, shall 
have all the rights and remedies given by the general laws. 

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

Approved March 12, 1S66. 

An Act to incorporate the ballard vale savings bank. 

Be it enacted, Sfc, as follows : 

Section 1. William P. Pierce, James M. Fessenden, 
Alpheus B. Southwick, their associates and successors, are 
hereby made a corporation, by the name of the Ballard Vale 
Savings Bank, to be established in the town of Andover ; 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 applicable to savings 
banks and institutions for savings. 

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

Approved March 12, 1866. 
An Act in further addition to an act making appropriations 

FOR THE maintenance OF THE GOVERNMENT DURING THE CURRENT 
YEAR. 

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

Section 1. The sums hereinafter mentioned are appro- 
priated, 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-six, to wit : 



Printing and 
binding, senate 
and house. 
Res. 1858, 74. 

Stationery, 

senate. 

Res. 1856, 74. 

Printing blanks 
and orders of day. 
Res. 1866, 74. 



Stationery, 

house. 

Res. 1856, 74. 

Proviso. 



legislature. 

For printiDg and binding, ordered by the senate or house 
of representatives, or by the concurrent order of the two 
branches, a sum not exceeding twenty-five thousand dollars. 

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

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

For stationery for the house of representatives, purchased 
by the clerk of the house of representatives, a sum not exceed- 
ing twenty-four hundred dollars : provided, that no part of 
said sum shall be expended for cutlery. 



1866.— Chapter 73. 43 

For printing blanks and circulars, and the calendar of anlTo^jfrs'^dfda^ 
orders of the day, for the use of the house of representatives, nes. ism, u. 
a sum not exceeding eight hundred dollars. 

For books, stationery, printing and advertising, ordered by f"^"}^^'^^ ^°l 
the sergeant-at-arms for the legislature, a sum not exceeding sergeantat- 
six hundred dollars : 2)rovided, that no part of said sum shall g °s!i4. 
be expended for cutlery. proviso. 

For the authorized expenses of committees of the legisla- Expenses of com- 

C3 iiiitte6S. 

ture, a sum not exceeding twelve hundred dollars. g. s. i5. 

For clerical assistance to committees authorized to employ ciencai assist- 

,1 , T • 1 T 1 1 ^1 1 ii ance to commit- 

the same, a sum not exceeding six hundred dollars ; and the tees. 
auditor is hereby authorized to audit bills for such assistance, ^' ^' ^°' 
tlie same having been approved by the chairman of such 
committees, or other members authorized by the committees 
to certify such accounts. 

EXECUTIVE DEPARTMENT. 

For postage, printing and stationery, for the governor and ?°^'*^®' pf^"*" 
council, a sum not exceeding six hundred dollars : provided, ciep'artment. 
that no part of said sum shall bo expended for cutlery. Proi-iso! ' ' 

For the contingent expenses of the governor and council, contingent ex- 
a sum not exceeding one thousand dollars. g.Th. 

For contingent fund of the governor and council, for mill- contingent for 
tary purposes, a sum not exceeding eight thousand dollars, poUs"^ ^^^ 
which shall be allowed and paid. 

For any expenses which may be incurred under authority Agencies in other 
of the governor and approved by him, in the maintenance of MasScSrseus °^ 
such agency out of the Commonwealth as he may find need- ^oi'^'^rs. 
ful, for the adjustment and collection of bounties and claims 
due Massachusetts soldiers, and for necessary and proper dis- 
bursements in their behalf, a sum not exceeding eight 
thousand dollars, which shall be allowed and paid. 

STATE HOUSE. 

For fuel and lights for the state house, a sum not exceeding Fuei and lights 
four thousand dollars. for .tate house. 

For repairs, improvements, and furniture of the state Furniture, re- 
house, a sum not exceeding three thousand dollars. oT.'s.'ii!'' 

For contingent expenses of the senate and house of repre- senate and 
sentatives, and necessary expenses in and about the state to'i^cmitTngentr 
house, a sum not exceeding two thousand dollars; provided, provisl^.' 
that no part of such sum shall be expended for stationery, 
postage, printing, repairs or furniture, or for the purchase of 
any article or thing, or to effect any object for whicli an 
appropriation is otherwise made in this act, or in any act 
which may be subsequently passed. 



44 



1866.— Chapter 73. 



Printing general 

laws. 

G. S. 3. 



"Blue book" 
edition of Acts 
and Resolves. 
G. S. 3. 



Publication of 
general laws. 
Acts 1865, 193. 



Blanks for re- 
turns births, 
marriages and 
deaths. 
G. S. 21. 
Public docu- 
ments, printing 
and binding. 
G. S.4. 



Supreme judicial 
court reports. 
Acts 1859, 290. 

Publication bank 
returns. 
G. S. 57. 
Assessors' books. 
Acts 1861, 167. 

Census abstract, 
preparation. 



Industrial statis- 
tics, printing 
abstract. 



Railroad reports, 
printing. 
Acts 1862, 135: 
1864, 167. 
Blanks for re- 
turns of aid to 
soldiers' families. 



STATE PRINTING. 

For printing such number, not exceeding seventy-five 
thousand, of the pamphlet edition of the general acts and 
resolves of the present year, for distribution in the Common- 
wealth, a sum not exceeding twelve thousand dollars. 

For printing and binding twenty-five hundred copies of the 
" blue book " edition of the acts and resolves of the present 
year, with the governor's messages and other matters, in the 
usual form, a sum not exceeding four thousand, dollars. 

For the publication of the general laws, and all other 
information intended for the public, a sum not exceeding five 
hundred dollars. 

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

For printing the public series of documents in the last 
quarter of the year one thousand eight hundred and sixty- 
six, 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 publication of bank returns, a sum not exceeding 
two hundred dollars. 

For assessors' books, a sum not exceeding two thousand 
dollars. 

For the preparation of the census abstract, in accordance 
with the provisions of chapter fifty-eight of the resolves of 
the year eighteen hundred and sixty-five, a sum not 
exceeding forty-five hundred dollars. 

For printing the abstract of industrial statistics, in accord- 
ance with the provisions of chapter fifty-eight of the resolves 
of the year eighteen hundred and sixty-five, a sum not 
exceeding nine thousand dollars. 

For printing and binding the annual railroad reports, a 
sum not exceeding twenty-five hundred dollars. 

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



Incidental : 
secretary. 
G.S. 14. 



INCIDENTAL EXPENSES. 



For incidental expenses of the secretary's office, a sum not 
exceeding four thousand dollars. 



1866.-— Chapter 73. 45 

For incidental exjDenses of the treasurer's office, a sum not Treasurer.^ 
exceeding three thousand dollars. . . , o. 

For the expenses of the tax commissioner, a sum not Tax commis- 

T 1 Jin sioner. 

exceednig one thousand dollars. Acts isei-es, 

For incidental expenses of the auditor's office, a sum not AuduS; 
exceeding four hundred dollars. ^- ^- ^°' ^ ^"^ 

For the purchase of hooks for the library in the office of Attorney-gen- 
the attorney-general, a sum not exceeding two hundred library, 
dollars, which shall be allowed and paid. 

For fees, costs and court expenses of the attorney-genaral. Fees, costs, court 
for incidental expenses, and for rent and care of the office of rent of office. 
the attorney-general, a sum not exceeding eleven hundred ^' ^' "^*' 
and fifty dollars. 

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

MILITAEY. 

For the incidental expenses and express charges of the Military: 
adjutant-general, a sum not exceeding three thousand eral%\°pentes. 

rlAllnrc ■^'^'^ 1864-65, 

aoiiars. ^ ^ ^ 238,250. 

For militia bounty, a sum not exceeding ninety-seven Mintia bounty. 

,1 1 J 11 Acts 1864-65, 

thousand dollars, 238,250. 

For military accounts, a sum not exceeding six thousand f^^^H^ ^*=" 

dollars. Acts lS64-65, 

For the rent of armories, a sum not exceeding twenty-two If^ofL, rent, 
thousand dollars. Acts i865, 250. 

For the rc-imbursement of cities and towns for money paid ^^'l^^^^^^^^ 
on account of aid to families of Massachusetts volunteers, a ments to soldiers' 
sum not exceeding one million six hundred thousand dollars; a™s186i,'62'63, 
the same to be payable on the first day of Decemljer, in the '-^i'm^J^ls^' 
year eighteen hundred and sixty-six. 

AGRICULTURAL. 

For bounties to agricultural societies, a sum not exceeding Agricultural: 
thirteen thousand two hundred dollars. o°.T.m.'^°"^^' 

For the personal expenses of members of the board of ^^''^^ °f agricui- 
agriculture, a sum not exceeding twelve hundred dollars. g. si I'e. 

For the travelling expenses of the secretary of said board, secretary, travel, 

n , 1 , T , postage, etc. 

all postages and necessary expenses, a sum not exceeding two Kes. isss, 57. 
hundred and fifty dollars. 

For other incidental expenses of said board, a sum not ^^''l^^^J^^- 
exceeding one hundred and fifty dollars. 

For printing copies of the report of the board of agricul- Rgg'^igfe'vr'^'' 
ture, a sum not exceeding twelve thousand five hundred 
dollars. 



46 



1866. — Chapter 73. 



State caliiuet. 



For the state cabinet, a sum not exceeding one hundred 
dollars, "which shall be allowed and paid. 



Commissioners 
on public lands, 
pay, assistance 
and expenses. 



Payment defined. 
Res. 1S57, 70; 
Acts 18(50-64, 
200, 313. 



Stieriffs, for dis- 
tributing blanks. 
G. S. 157. 



State library, f,T 

books. 

G. S. 5. 



Inspector of gas- 
meters, salarv. 
Acts 1861, 168. 

Emergency fund. 
Acts 1S58, 22. 



Union loan sink- 
ing fund. 



Bounty loan 
sinking funds. 



Commissioners 
on harbors and 
flats, pav. 
Res.'1862, 88. 



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 five 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 appropri- 
ated 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 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 mentioned in chapter twenty-two of the 
acts of the year eighteen hundred and fifty-eight. 

To the union loan sinking 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 chapter 
three hundred and thirteen of the acts of eighteen hundred 
and sixty-four, to be invested in accordance with the provi- 
sions of section three of said chapter, the sum of one hundred 
and two thousand three hundred dollars. 

For the compensation and expenses of the commissioners 
on harbors and flats, a sum not exceeding three thousand 
dollars. 

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

Approved March 15, ISGO. 



1866.— Chapter 74. 47 

Ax Act makikg appropriations from the moiety of the income Q]iq^) 74 

OF THE SCHOOL FUND APPLICABLE TO EDUCATIONAL PURPOSES. -^ ' 

Be it enacted^ Sf'c, as folloics : 

Section 1. The sums hereinafter mentioned in this section Appropriations 
are appropria<fed and shall be allowed and paid out ^ the ^" °^'^^ ' 
moiety of the income of the school fund applicable to educa- 
tional purposes, for the year eighteen hundred and sixty-six, 
to "wit : 

For the support of the four state normal schools for the state normal 
current year, under the direction of the board of education, ^"^ °°^'S'ipp°r 
the sum of twenty-eight thousand five hundred dollars. 

For the salary and travelling expenses of such agent or Agents board 
agents as the board of education may appoint, a sum not ®'^"'^^'""^- 
exceeding twenty-eight hundred dollars. 

For the Massachusetts teachers' association, the sum of teachers- asso- 
eight hundred dollars, on condition that s^d association shall Tisionai.^'^° 
furnish a copy of the " Massachusetts Teacher " to each 
school committee in the several cities and towns in the Com- 
monwealth, during the year eighteen hundred and sixty-six, 
and furnish satisfactory evidence thereof to the auditor. 

For the American institute of instruction, the sum of five American insti- 
hundred dollars, to be paid to the president of said institute tron. ° '°^^'''^'=- 
in the month of August next. 

For postage, printing, advertising, stationery, the transpor- Board of educa- 
tation of documents for the board of education, and for the tary, and ^T' 
secretary thereof, and also for any contingent expenses of the conUngent^°°^^' 
normal schools, not otherwise provided for, the sum of ten ^' ^' ^*- 
thousand dollars. 

For teachers' institutes, the sum of twenty-eight hundred Teachers' insti- 
dollars. o. s.'ss. 

For aid to pupils in the state normal schools, a sum not Normal pupiu. 
exceeding four thousand dollars. 

For the expenses of the members of the board of educa- ^oa^'i education 

,. 1x1 J. ±1 n i T.i and treasurer. 

tion and the treasurer thereol, a sum not exceedmg three o. s. 34. 
hundred dollars. 

For the support of certain Indian schools, the sum of four Indian schools, 
hundred and five dollars. ^' ^' ^^' 

For county teachers' associations, the sum of three hundred J^so'c^^Hons''"'**^ 
and twenty-five dollars. A°cts isei, 58. 

For erecting a suitable fence around the premises of the westseid normal 
Westfield normal school, a sum not exceeding two thousand 
dollars. 

For apparatus and cases therefor, at the Bridgewater Bndgewater 
normal school, the sum of five hundred dollars. 

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

Approved March 15, 1S66. 



48 



1866.— Chapters 75, 76, 77. 



Chap. 75. 



Acts of 1864 and 
•65, requiring re- 
turns, repealed. 



An Act to kepeal certain acts ix relation to trusts and 

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

Chapter two hundred and thirty-nine of the acts of the 
year eighteen hundred and sixty-fourj and chapter two hun- 
dred and seventy-one of the acts of the year eighteen hundred 
and sixty-fi.ve, are hereby repealed. Approved March 15, 1866. 

Chap. 76. An Act to INCORPORATE the commonwealth hotel company, in 

pittsfield. 
Be it enacted, ^t., as follows : 

Section 1. Thomas Colt, Edward Learned, William Pol- 
lock, their associates and successors, are hereby made a cor- 
poration, by the name of the Commonwealth Hotel Company, 
for the purpose of erecting and maintaining a hotel in the 
town of Pittsfield, with the buildings, appurtenances and 
improvements collected therewith ; and for these purposes 
shall liave all the powers and privileges, and be subject to all 
the duties, restrictions and liabilities set forth in the sixty- 
eighth chapter of the General Statutes : provided, hoivever, 
that the said corporation shall not carry on the business of 
hotel-keeping, nor in any way be interested in such business. 

Section 2. Said corporation shall have a capital stock not 
exceeding two hundred thousand dollars, divided into shares 
of one hundred dollars each, and may hold, for the purposes 
aforesaid, real and personal estate not exceeding the amount 
of the capital stock. 

Section 3. Said corporation may mortgage its real and 
personal estate to raise money for the purposes within the 
meaning and intent of this act, and for no other purpose : 
provided, that the amount secured by mortgage, shall, at no 
time, exceed one-half of the amount actually paid in. 

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

Approved March 15, 1866. 
Chap. 77. -^^ Act to incorporate the nonantum hotel company, in 

NEWTON. 

Be it enacted, Sj'c, as follows : 

Section 1. John F. Boyd, Abel Harrington, their asso- 
ciates and successors, arc hereby made a corporation, by the 
name of the Nonantum Hotel Company, for the purpose of 
erecting and maintaining a hotel in the town of Newton, with 
the buildings, appurtenances and improvements connected 
therewith ; and for these purposes shall have all the 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 : 



Corporators 
Title. 



Privileges and 
restrictions. 



Proyiso. 



Capital stock, 
shares and es- 
tate. 



May mortgage 
estate. 



Proviso. 



Corporators. 

Title. 

Purpose. 



Privileges and 
restrictions. 



1866.— Chapters 78, 79. 49 

provided, that the said corporation shall not carry on the 
business of hotel keeping. 

Section 2. Said corporation shall have a capital stock not capital stock, 
exceeding one hundred thousand dollars, divided into shares estate. 
of one hundred dollars each, and may hold for the purposes 
aforesaid, real and personal estate not exceeding the amount 
of the capital stock. 

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

Approved March 15, 186G. 

An Act to incorporate the home and foreign missionary QJiqi). 78. 

SOCIETY OF the DENOMINATION CALLED CHRISTIAN. "' 

Be it enacted, ^"c, as follows : 

Section 1. Richard F. Fuller, Ivory F. Waterhouse, their corporators. 
associates and successors, are hereby made a corporation, by 
the name of the Home and Foreign Missionary Society of the Title, 
denomination called Christian, for the purpose of aiding in Purpose, 
the spread of the gospel at home and abroad, and in organ- 
izing and assisting churches of the Christian denomina- 
tion ; with all the ijowers and privileges, and subject to all Privileges and 

A t^ ' V restrictions. 

the duties, restrictions and liabilities set forth in the general 
laws, which are now, or may hereafter be in force, relating to 
such corporations. 

Section 2. Said corporation shall have power to hold real May hoid estate. 
and personal estate, to an amount not exceeding one hundred 
thousand dollars. 

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

Approved March 15, 1866. 



An Act to appoint a commissioner to establish and define 
the boundary line between taunton and lakeville. 



Chap. 79. 

Be it enacted, §t., as follows : 

Section 1. The governor is hereby authorized, by and Governor may 
with the advice of the council, to appoint a commissioner, *''^°'° ' 
Avhose duty it shall be, after having duly notified the clerks Duties. 
of the town of Lakeville and of the city of Taunton, to inves- 
tigate all matters in dispute relative to the boundary line • 
between said town and city. If the commissioner finds that 
the true boundary line is the centre line of the highway, he 
is authorized to establish such a conventional line as will 
include an equitable portion of such highway in each of said 
towns. Said commissioner is authorized and required to 
estal)lish and define by proper monuments, said boundary line 
between said town and city. 

Section 2. The commission hereby established shall have ^J;^"„^^^^ *'"^' 

- . •> powers ana re- 

lull power to examine the premises, and to send for persons port doings. 
u 



50 



1866.— Chapters 80, 81. 



Expenses, how 
paid. 



and papers, and shall submit a report of its doings to the 
next legislature. 

Section 3. The expenses of said commissioner shall be 
paid equally by the town of Lakeville and the city of Taunton. 

Approved March 16, 186G. 



Chap. 80. An Act to ixcoKrouATE the Westminster reservoir company. 



Corporators. 

Title. 
Purpose. 



Privileges and 
restrictions. 



Capital stock, 
shares and 
estate. 



Be it enacled, Sfc, as follows : 

Section 1. Joel Merriam, junior, Joseph W. Forbush, 
Milton Joslin, their associates and successors, are hereby 
made a corporation, by the name of the Westminster Reser- 
voir Company, for the purpose of constructing and maintain- 
ing a reservoir or reservoirs of water, on Tophet Swamp 
brook, so called, in the town of Westminster, for the supply 
of mills situated on said brook ; with all the powers and privi- 
leges, 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 such corporations. 

Section 2. Said corporation may hold real and personal 
estate necessary and convenient for the purpose aforesaid, and 
its whole capital stock shall not exceed fifty thousand dollars, 
divided into shares of one hundred dollars each. 

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

Approved March 16, 1866. 



Chap. 81. 

Corporators. 



Privileges and 
restrictions. 



Jlay purchase, 
prepare for sale, 
and convey cer- 
tain real estate. 



Capital stock and 
shares. 



An Act to incorporate the chelsea land company. 

De it enacted, Sfc, as follows : 

Section 1. William R. Pearmain, Stephen Sibley, Thomas 
H. Greely, their associates and successors, are hereby made a 
corporation, by the name of the Chelsea Land Company, with 
all the powers and privileges, and subject to all the duties, 
liabilities and restrictions set forth in the general laws which 
now are or hereafter may be in force relating to such 
corporations. 

Section 2. Said corporation may purchase and hold the 
whole or any part of certain real estate in Clielsea, described 
in a deed of George D. Carter and others, to William R. 
Pearmain and others, trustees, dated August first, one thou- 
sand eight hundred and fifty-six, and recorded with Suffolk 
deeds, book seven hundred and three, page one ; and may 
grade and prepare the same for sale, and sell and convey the 
whole or any part thereof. 

Section 3. The capital stock of said corporation shall not 
exceed two hundred thousand dollars, divided into shares of 
one hundred dollars each. Approved March 16, 1866. 



1866.— Chapter 82. 51 

Ax x\CT TO IXCORPOKATE THE TOWX OF HUDSON. CIlO)). 82. 

Be il enacted, ^'c, as follows : 

Section 1. All the territory now within the towns of Territory in 
Marlborough and Stow in the county of Middlesex, com- borough an" " 
prised within the following limits, that is to say : beginning set'offttfd°estab- 
at the westerly corner of said territory at a stone monument l'"'^''^ ""^ ""^"^ 

, . -f "^ . , f, town. 

on the dividing Inie between said territory and the town of 
Berlin, in tlie county of Worcester ; thence south-easterly, 
angling twice, as said dividing line now runs, ninety-seven 
and sixty-eight one hundredths rods to a stone monument 
standing on the south-easterly side of the road leading from 
Feltonville, so-called, to Northborough ; thence in an easterly 
direction in a straight line across the entire territory of said 
Marlborough to a stone monument on the division line 
between said Marlborough and Sudbury, standing on the 
southerly side of the Sudbury road, near the house of Albion 
Parmenter, and about two hundred and thirty-one rods south 
of the Stow line ; thence in a northerly direction on the 
present dividing line between said territory and said Sudbury, 
to a stone monument at the north-easterly corner of said 
territory, and at the Stow line ; thence in a north-easterly 
direction, as the present dividing line between said territory 
and said town of Stow now runs, to a stone monument near 
the house of Abijah Walcott ; thence in direct continuation 
north fifty-four degrees west, across a corner of said town of 
Stow, to a point on the county line between said Stow and 
Bolton ; thence in a southerly and south-westerly direction, 
as the county line between the counties of Middlesex and 
"Worcester now runs, to the first mentioned bound, is hereby 
incorporated into a town by the name of Hudson ; and said corporate func 
town of Hudson is hereby invested with all the powers, to'^wns!'^ ° 
privileges, rights and immunities, and subject to all the duties 
and requisitions to which other towns are entitled and sub- 
jected by the constitution and laws of this Commonwealth. 

Section 2. The inhabitants of said town of Hudson shall faxes: town, 
be holden to pay all arrears of taxes wiiich have been legally county. 
assessed upon them by the towns of Marlborough and Stow, 
respectively, and all taxes heretofore assessed and not col- 
lected, shall lie collected and paid to the treasurers of the 
towns of Marlborough and Stow, respectively, in tlie same 
manner as if this act had not been passed ; and also their 
proportion of all county and state taxes that may be assessed 
upon them previously to the taking of the next state valua- 
tion ; said proportion to be ascertained and determined ))y 
the last valuation in the respective towns. 



52 1866.— Chapter 82. 

Paupers, main- SECTION 3. Said towiis of Mai'lborougli and Hudson shall 
towns of settle- bc respectively liable for the support of all persons who now 
^^°^' do or shall hereafter stand in need of relief as paupers, 

whose settlement was gained by, or derived from, a settlement 
gained or derived within their respective limits. 
Marlborough and SECTION 4. The towus of Marlborougli and Hudson shall 
in'^tr cor" orate rctalu tlio corporatc property within their respective limits, 
property defined, cxccptiug tliG real Gstatc owucd by said town of Marlborough 
and used as a farm for the support of the poor, and the per- 
sonal property connected therewith ; said farm and personal 
property to he sold and the proceeds to be divided as follows, 
to wit : the town of Marlborough to retain two-thirds and the 
Debt, payment towu of Hudsou to reccivc ouc-third thereof. The town of 
siou^of refundrd Hudsou sliall assumc and pay one-third of the public debt of 
bounty money. .j.|^q towu of Marlborough, cxistiug at the time of the passage 
of this act ; and said town of Hudson shall receive from said 
town of Marlborough one-third of whatever amount may 
hereafter be refunded to said town of Marlborough from the 
state or United States, to re-imburse said town of Marlborough 
for bounties to soldiers, or state aid paid to soldiers' families, 
ExpeMeofestab- after deducting all reasonable expenses. And said town of 
lines"" ^°^^ Hudson shall bear the expense of making the survey and 
establishing the line between said towns of Marlborough and 
Hudson. 
Division of prop- SECTION 5. Ill casc Said towns of Marlborough and Hudson 
tL^; adjustment' sliall uot agrce in respect to a division of property, debts, 
'ence^^ "^ ^'^^''' towu paupcrs, or state or county taxes, or to the sale and 
division of the proceeds of the town farm and personal prop- 
erty belonging to the same, the superior court for the county 
of Middlesex shall, upon the petition of either town, appoint 
three competent and disinterested persons to hear the parties 
and award thereon ; and their award, or the award of any 
two of them, being accepted by said court, shall be final. 
Meeting of SECTION 6. Auv iusticc of the peace within and for the 

inhabitants of n -nr- -t -i-i • !• it , t 2 

Hudson for couiity of Middlcscx may issue his warrant, directed to any 
Ju°tu:t^aMmIy principal inhabitant of the town of Hudson, requiring him to 
notify and warn the inhabitants thereof, qualified to vote in 
town affairs, to meet at the time and place therein appointed, 
for the purpose of choosing all such town officers as towns 
are by law authorized and required to choose at their annual 
meetings ; and said warrant shall be served by publishing a 
copy thereof in some newspaper printed in said town of 
Hudson, and by posting up copies thereof, all attested by the 
person to whom the same is directed, in three public places 
in said town, seven days at least before such time of meeting; 



warn. 



1866.— Chapter 83. 53 

such iustice, or, in his absence, such principal inhabitant, shall Justice, or in- 

• 1 J.-1 ii 1 • o J J. • • 1 J.- habitant notify- 

preside until the choice oi moderator in said meeting. jng, to preside. 

The selectmen of the town of Marlborough shall, before List of voters, 
said meeting, prepare a list of voters in said town of Hudson, Mir^b"roug*h to 
qualified to vote at said meeting, and shall deliver the same <^e\i\eT. 
to the person presiding at such meeting, before the choice of 
a moderator thereof. 

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

Approved March 19, 1860. 

An Act. MAKING ADDITIONAL APPROPRIATIONS FOR CERTAIN EXPEN- Qhfij) gQ 
DITURES AUTHORIZED IN THE YEAR EIGHTEEN HUNDRED AND ^ ' 

SIXTY-FIVE, AND PREVIOUS YEARS. 

Be it enacted, ^'c, as follows : 

Section 1. The sums hereinafter mentioned are appro- Appropriations 
priated, to be paid out of the treasury of the Commonwealth, ^•"'^''"^s'l- 
from the ordinary revenue, except in cases otherwise ordered, 
for the purposes specified herein, to wit : 

LEGISLATIVE DEPARTMENT. 

For printing and binding for the senate and house of rep- Printing and 
resentatives, a sum not exceeding two thousand four hundred and iwuse^'^'*'^ 
and seventy-eight dollars and thirty cents. ^^^- ^^°^' '*• 

For printing blanks and circulars for the senate, a sum not Blanks and cir- 

T- • , 1 11 1 J. J. culars, senate. 

exceeding ninety-seven dollars and seventy-one cents. Kes. 11^56, u. 

For printing blanks and circulars of the house of repre- Blanks and cir- 
sentatives, a sum not exceeding one hundred and five dollars Kea"i§56°"4^-' 
and fifty-five cents. 

For the contingent expenses of the legislature, a sum not contingent, 
exceeding fifty dollars. g^sIT'- 

For stationery ordered by the clerk of the senate, a sum stationery, 
not exceeding fifty-eight dollars and sixty-two cents. iieT'isss, 74. 

For stationery orHered by the clerk of the house of repre- stationery, 
sentatives, a sum not exceeding seventy-one dollars and Ke^issG, 74. 
forty-eight cents. 

For printing, stationery, &c., ordered by the sergeant-at- Printing, &c., 
arms, a sum not exceeding one hundred and seventy-five ams'^^*°'*'" 
dollars and ninety cents. ^' ^' ^*' 

For expenses of the commission on hours of labor, a sum commission on 
not exceeding three hundred and thirteen dollars and e.xplusls''''^'"^' 
fifty-five cents. ues.i865,62. 

For expenses of the commissioners on river obstructions, a commissioners 
sum not exceeding sixty dollars. tionslexp^nser 

Kes. 1865, 45. 
EXECUTIVE DEPARTMENT. 

For compensation and mileage of the lieutenant-governor Lieut, governor 
and council, a sum not exceeding three hundred and g. s. 14!"'' ' ^^^ ' 
ninety-nine dollars. 



54 



1866.— Chapter 83. 



Executiye mili- 



,, _... For the military contingent fund of the governor and 

tary contingent, ^.q^j^^.^]^ q^ g^j-^ j-^q^ cxcoeding tou dollars and fifty cents, 
which shall be allowed and paid. 



Repairs and fur- 
niture, state 
house. 
G. S. 14. 

Fuel and lights. 
G. S. 14. 



STATE HOUSE EXPENSES. 

For repairs, improvements and furniture for the state 
house, a sum not exceeding eighteen hundred and thirty-six 
dollars and sixty-two cents. 

For fuel and lights, a sum not exceeding four hundred 
and fifty-nine dollars and eighty-four cents. 



Printing blue 

book. 

G. S. 8. 



Laws of 1865. 



Journal of house, 
1865, extra ex- 
pense. 
Acts 1865, 193. 



STATE PRINTING. 

For printing the blue book of the year eighteen hundred 
and sixty-five, a sum not exceeding six hundred and 
sixty-nine dollars and thirty cents. 

For publishing laws of the year eighteen hundred and 
sixty-five, a sum not exceeding one hundred dollars. 

For the extra expense incurred in printing the journal of 
the house for the year eighteen hundred and sixty-five, a 
sum not exceeding two hundred eighty-four dollars thirty-one 
cents, which shall be allowed and paid. 



Agricultural : 
Personal ex- 
penses. 
G. S. 16. 

Incidental. 
G. S. 16. 



College land 
scrip, expenses 
sale. 



Almshouses : 
Tewksbury. 
G. S. 71. 



Bridgewater. 
G. S. 71. 



Monson. 
6. S. 71. 



llainsford Island 

hospital. 

G. S. 71. 



AGRICULTURAL DEPARTMENT. 

For the personal expenses of the members of the board of 
agriculture, a sum not exceeding eleven dollars and ninety-six 
cents. 

For incidental expenses of the board of agriculture, a sum 
not exceeding thirty-nine dollars. 

For expenses incurred in the sale of agricultural college 
land scrip, a sum not exceeding five hundred and fifty-six 
dollars and ninety-four cents, which shall be allowed and 
paid. 

CHARITABLE. 

For the current expenses of the state almshouse at Tewks- 
bury, a sum not exceeding nineteen hundred and six dollars 
and fifty-six cents. 

For the current expenses of the state almshouse at Bridge- 
water, a sum not exceeding three hundred and thirty-nine 
dollars and forty-eight cents. 

For the current expenses of the state almshouse at Monson, 
a sum not exceeding five hundred and ninety dollars and 
ninety-one cents. 

For the current expenses of the hospital at Rainsford 
Island, a sum not exceeding seven thousand one hundred 
and sixteen dollars and forty cents. 



1866.— Chapter 83. 55 

For expenses incurred in the support of the Dudley Indians, cuaiey^indians. 
a sum not exceeding one hundred and fifty dollars and fifty- 
three cents. 

For the burial of state paupers', a sum not exceeding two curiauf paupers 
thousand dollars. 

For the support of state paupers by cities and towns, a sum support of pau- 
not exceeding six hundred dollars. g"s. vi, » 43, 

44; Acts '61, 94. 
MILITARY DEPARTMENT. 

For the purchase of arms and equipments, a sum not Military: 

,. , ,t Tin Arms and equip- 

exceedmg two thousand dollars. ments. 

For military accounts, a sum not exceeding eight hundred Accoifts!^^' 
and seventy-five dollars and sixty-two cents. o(?i%\^n^'^^' 

For rent of armories, a sum not exceeding twelve thousand Armories, rent. 

-, n ' ° Acts 1865, 250. 

dollars. 

For the incidental expenses of the adjutant-general, a sum Adjutantgen- 
not exceeding two hundred and sixteen dollars and sixty-seven Ac^ts 1864-65,* " 

cents. 238,250. 

For expenses incurred in the removal of coast defence guns coast defence 
and providing storage for the same, a sum not exceeding three and^orage""^" 
thousand dollars, payable from the coast defence fund. ^'^^^ ^^^' ^^^• 

REFORMATORY AND CORRECTIONAL. 

For the current expenses of the state prison, a sum not state prison, 
exceeding ten thousand eight hundred and ninety-three dollars ActsTs^ei, 203. 
and twenty-seven cents. 

For the current expenses of the nautical branch of the Nautical school, 
state reform school for boys, a sum not exceeding sixty-five " ' ' ' 
hundred and seventy-one dollars and twenty-seven cents. 

For the current expenses of the industrial school for girls, industrial school 
a sum not exceeding three hundred and nineteen dollars and q'^s.Vs. 
sixty-four cents. 

PUBLIC BUILDINGS. 

For expenses incurred in the completion of the barn at the Almshouse in 
state almshouse in Monson, a sum not exceeding five hundred Kes°T864^77"' 
and seventy-nine dollars and twenty-five cents. 

For expenses incurred in repairing, enlarging and furnishing industrial 
house number five of the industrial school for girls, a sum not five°°'' ^°"'* 
exceeding one hundred and ninety-five dollars and thirty-nine ^^^- ^^^^' ^*- 
cents. 

For expenses incurred in the erection and completion of state arsenal, 
buildings at the state arsenal, a sum not exceeding thirty-one strucuon. 
hundred and ninety-nine dollars and thirty-four cents. ^®^' ^^^' *^- 



56 



1866.— Chapter 83. 



Censas and in- 
dustrial statis- 
tics of 1865, for 
collecting. 
Acts 1865, 69, 
146. 

Bank commis- 
sioners, expenses. 
G. S. 57. 
Treasurer's de- 
partment. 
G.S. 11, 15. 



Attorney-general 
G. S. 14. 



Courts of insol- 
vency, expenses. 
G. S. 118. 

Sheriffs' ac- 
counts. 
G. S. 157. 
Ex-auditor, 



Indian district 

of Gay Head, 

lines. 

Kes. 1863, 42. 

Commissioners 
on public lands, 



Res. 1852, 79. 



Board of educa- 
tion, postage, 
printing and 
stationery. 
G. S. 34. 



Charles River 
and Warren 
Bridges, main- 
tenance. 



Payable from C. 
K. and W. bridge 
fund. 

Acts 1864, 257. 

Essex bridge. 
Acts 1859, 122.' 



MISCELLANEOUS. 

For the compensation of persons employed in collecting 
census and industrial statistics, in the year eighteen hundred 
and sixty-five, a sum not exceeding ten thousand dollars. 

For incidental expenses of the bank commissioners, a sum 
not exceeding thirteen dollars and five cents. 

For incidental expenses of the treasurer's department, a 
sum not exceeding six hundred and forty-three dollars and 
twenty-three cents. 

For incidental and court expenses of the attorney-general, 
a sum not exceeding one hundred and fifty-dollars. 

For expenses of courts of insolvency, a sum not exceeding 
ton dollars. 

For sheriffs' accounts, a sum not exceeding sixty-eight 
dollars and thirty-nine cents. 

For the balance of the salary of the late auditor of accounts, 
a sum not exceeding one hundred and sixty dollars and eighty- 
four cents, in full, which shall be allowed and paid. 

For expenses incurred in the establishment of boundary 
lines in the Indian district of Gay Head, a sum not exceeding 
five hundred dollars. 

For expenses of the commissioners on public lands, a sum 
not exceeding two hundred and sixty-seven dollars and forty- 
five cents, payable from the moiety of the proceeds of sales 
applicable to filling, grading, &c. 

For postage, printing and stationery of the board of educa- 
tion, a sum not exceeding eight hundred and seven dollars 
and seventy-nine cents, payable from the income of tlie 
Massachusetts school fund. 

For expenses incurred in the maintenance of the Charles 
River bridge, a sum not exceeding tv/enty-five hundred and 
seventy-five dollars and seventy cents; and for expenses 
incurred in the maintenance of the Warren bridge, a sum 
not exceeding eleven hundred and thirty dollars and ten 
cents, payable from the Charles River and Warren bridge 
fund. 

For expenses incurred in the maintenance of the Essex 
bridge, a sum not exceeding ten hundred and forty-eight 
dollars and one cent, payable from the Essex bridge fund. 

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

Ajyproved March 19, 1866. 



1866.— Chapters 84, 85. 57 

Ax Act ix addition to the several acts authorizing the Cfiap, 8-i. 

TAYMENT OF BOUNTIES TO VOLUNTEERS. ^ 

Be it enacted, Sj-c, as follows : 

Section 1. The provisions of section two, clmpter eidity- Discharged eoi- 

_, „I .1. 1 11 I'if" <i'6r3 dying of 

two of the acts of the year eighteen hunaroa and sixty-hve, maiady taken in 
are hcrchy extended to include soldiers who died after their terld'out'fordisl 
muster-out or discharge, of disease contracted in the service ^^""^^"^7 "have 
while in their line of duty ; also, to those who have been fuu'bounty. 
discharged for disability, but whose discharge papers or other 
evidence of discharge do not show the fact : provided, that Proviso, 
satisfactory evidence shall be furnished to the governor that 
such disability did actually exist. 

Section 2. The heirs of soldiers who enlisted for three Heiw of certain 
months, or one hundred days, and were paid twenty dollars a service" to have 
month, and who died while in the service, shall receive the 3°ehlp. 25V63. 
bounty of one hundred and twenty dollars, as provided in 
section three, chapter two hundred and fifty-four of the acts 
of the year eighteen hundred and sixty-three. 

Section 3. All sales, transfers or assignments of claims g,^1^g^X"riviD 
for the bounties granted by virtue of this act, and all orders, soldier or heir to 
whether by power of attorney or otherwise, which shall ^""^^ ' 
deprive the volunteer, or his legal heirs, of the full amount 
thereof, shall be deemed invalid, and shall not be recognized 
in the payment of the same : and if any person shall, by Payment for of 

,■'•'. , T ,1 ., 1 ^ sum less than 

purchase, assignment, order or other instrument, become fuii value to be 
possessed of any claim or claims for said bounty, at less than ^°''^'"'' 
the full value thereof, the same shall be deemed to be 
forfeited to the Commonwealth. 

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

Approved March 19, 1866. 

An Act to incorporate the scffolk land company. Chcip. 85. 

Be it enacted, Sfc, as follows : 

Section 1. John F. Fenno, Horatio N. Page, John H. corporators. 
Wilkinson, their associates and successors, are hereby made 
a corporation, by the name of the Suffolk Land Company ; Titie. 
with all the powers and privileges, and subject to all the Privileges and 
duties, liabilities and restrictions set forth in all general laws 
which now are or hereafter may be in force relating to such 
corporations. 

Section 2. Said corporation may purchase and hold the May purchase 
whole or any part of certain real estate in North Chelsea, r^ii estate." 
known as the Fenno farm, described in two deeds, one of 
John Fenno to John F. Fenno, dated the twenty-fourth day 
of June, in the year one thousand eight hundred and fifty- 
seven, and recorded with Suffolk deeds, book seven hundred 

15 



58 1866.— Chapters 86, 87. 

and twenty-eight, leaf one liimdred and twenty-one ; the 
other of Horatio N. Page and John F. Fenno to Anna F. 
Page, dated the fifteenth day of June, in the year one thou- 
sand eight hundred and sixty-three, and recorded witli 
Suffolk deeds, book eight hundred and thirty-seven, leaf two 
hundred and twenty-two ; and also the land adjoining the 
aforesaid premises on the north, belonging to Benjamin S. 
Welles and others, containing about one hundred and 
May grade, sell eighteen acrcs ; and may grade and prepare the same for 
convej same. ^^^^^ ^^^ ^^^^ ^^^^ convcy tlic wliolc OF any part thereof which 
they may purchase. 

Section 3. The capital stock of said corporation shall 
not exceed two hundred thousand dollars. 

Approved March 19, 1866. 

Chap. 86. Ax Act to continde"ix force an act to incorpouate the avest- 

FORD MUTUAL FIUE INSURANCE COMPANY, AND ACTS IN ADDITION 
THERETO. 

Be it enacted, Sfc.^ as follows : 
Charter extended SECTION 1. The act of the vcar one thousand eight hun- 
tion of time. drcd and lorty, entitled an act to incorporate the Westiord 
Mutual Fire Insurance Company, and all acts in addition 
thereto, shall be, remain and continue in force, from and 
after the twentieth day of March, in the year one thousand 
eight hundred and sixty-eight, and said company shall con- 
tinue to have and enjoy all powers and privileges, and be 
subject to all the duties, 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 incorporat- 
ing said company had contained no limitation of time ; 
subject to all the duties, restrictions and liabilities set forth 
in all general laws which now are or hereafter may be in 
Existing policies force ill regard to such corporations ; and all policies hereto- 
fore issued by said company are hereby confirmed and made 
valid against any objection of want of authority in said com- 
pany to insure beyond the time specified in said act of 
incorporation. 

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

Approved March 19, 1866. 
Chap. 87. Ax Act to authorize the yale and greexleaf maxufacturixg 

COMPAXY TO CIIAXGE ITS NAME. 

Be it enacted, S^'c, as follows: 
May take name SECTION 1. Thc Yalc and Grceiileaf Manufacturing Com- 
pany, a corporation organized in Shelburne, under the general 
laws, in the year one thousand eight hundred and sixty-one, 
is hereby authorized, upon a vote of three-fourths of its stock- 



EXPENSES OF THE STATE QJiciT). 88. 
XT) ISLAND ; THE SUPPORT ^' 



1866.— Chapter 88. 59 

holders, to take the name of the Yale and Winn Manufactur- 
ing Company, and no rights or liabilities of said corporation 
shall be affected thereby. 

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

Approved March 19, 1866. 

An Act jiaking appropriations for the 
almshouses; the hospital at rainsford 

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 : 

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 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-six, to wit : 

CHARITABLE- 

■ For the state almshouse at Tewksbury, a sum not exceeding Aimshouaes: 

TewksDurv. 

seventy thousand dollars. g. s.7i. 

For the state almshouse at Monson, a sum not exceeding Monsoon. 
forty-five thousand dollars. ' " * ' 

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

For the hospital at Rainsford Island, a sum not exceeding Rainsford isiana 
twenty-five thousand dollars. g^Tti! 

For the department of the general agent of the board of Board state 
state charities, a sum not exceeding two thousand dollars. Ac'ts''6f,'24M 7. 

For the travelling expenses of the members and secretary Members and 
of the board of state charities, a sum not exceeding one Acts^'isos, 240. 
thousand dollars. ^ ^■ 

For the support and relief of state lunatic paupers in state Lunatic pauper?, 
hospitals, a sum not exceeding ninety thousand dollars. g'.^s^'ts; Acts 

For the transportation of state paupers, to be expended by transport ^rom 
the board of state charities, a sum not exceeding eight thou- institutions. 
sand dollars : provided, the same shall be expended only in Proviso. 
the transportation of state paupers from the several hospitals 
and almshouses; and a detailed report of such expenditures Report to auditor 
shall be rendered to the auditor of the Commonwealth, on ov'^s'.^a, § -; 
the first day of every month. ^"^^ ^^^^' -*°- 

For the transportation of state paupers to almshouses, a J,^^"^ousL*° 
sum not exceeding five hundred dollars. g. s. 71, § 3S. 

For the support of state paupers by the cities and towns, a support of by 
sum not exceeding fifteen thousand dollars. g.s. 71, §§43,44. 



60 



1 866. — Chapter 



Burials. 
G. S. 70, 



15. 



Coroners' in- 
quests, expense. 
G. S. 15". § 6; 
175, H 14, 15. 
Indians, for 
support. 

Troy. 



Dudley. 



Marshpee. 

G. S. 14, § 4S, 

and Besolves. 



Pensions. 

Sinking fund, 
almshouse loan. 
Acts 1852-54, 
275, 355. 
Asylum for 
blind. 

Res. 1864, 56. 
School for idiots. 
Res. 1862, 26. 

Deaf mutes, sup- 
port. 

Res. 1847, '64, 
'65, 94, 38, 50. 

Martha Johonnot 
annuities. 
Res. 1S41, 65. 



Persons a public 
charge, certain, 
for removal. 
O. S. 71. 

Cases of settle- 
ment and 
bastardv. 
Acts 1863, 240. 



For the burial of state paupers, a sum not exceeding three 
thousand dollars. 

For the expenses of coroners' inquests, a sum not-exceeding 
one thousand dollars. 

For expenses incurred on account of Indians, a sum not 
exceeding three thousand dollars, viz. : to the guardian of the 
Troy Indians, for their support, a sum not exceeding eight 
hundred dollars, and for the salary of said guardian, the sum 
of one hundred dollars ; to the guardian of the Dudley 
Indians, for their support, a sum not exceeding one thousand 
dollars, and for the salary of said guardian, one hundred dol- 
lars ; and to the treasurer of the Marshpee Indians, for the 
support of certain old state paupers, a sum not exceeding 
two hundred dollars. 

For pensions, a sum not exceeding five hundred dollars. 

To the state almshouse loan sinking fund for the redemp- 
tion of scrip, the sum of six thousand dollars. 

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

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

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

For the annuities due from the Commonwealth, incurred 
Ijy the acceptance of the bequests of the late Martha Johonnot, 
a sum not exceeding one thousand seven hundred and forty 
dollars. 

For the removal of persons becoming a public charge, not 
authorized to be removed by existing laws, a sum not 
exceeding one thousand dollars. 

For expenses attending the management of cases of settle- 
ment and bastardy, in eighteen hundred and sixty-six and 
previous years, a sum not exceeding three thousand dollars. 



state prison, 
expenses. 
Acts 1864. 303. 
Reform school, 
for current ex- 
penses. 
G.S. 76. 



Nautical school. 
G. S. 76. 



REFORMATORY AND CORRECTIONAL. 

For expenses of the state prison, a sum not exceeding 
eighty-five thousand dollars. 

For expenses of the state reform school for boys at West- 
borough, a sum not exceeding fifty thousand dollars, said 
sum to be expended solely for the current expenses of said 
institution ; and no money appropriated l^y this act shall be 
expended by the trustees of said school for the erection of 
new buildings. 

For the current expenses of the nautical branch of the state 
reform school, a sum not exceeding fifty thousand dollars. 



1866.— Chapter 88. 61 

For the current expenses of the state industrial school for industrial school 
girls at Lancaster, a sum not exceeding twenty thousand ^' ^' ""' 
dollars. 

For expenses incurred in the arrest of fuoitives from iustice, Arrest of 

fugitives 

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

For the salary of an agent for the relief of discharged con- Agent discharged 
victs, a sum not exceeding eight hundred dollars ; and for and'expenses^'^^ 
the expenditures of said agent, a sum not exceeding one ^"^'^ ^^'^^' ''^' 
thousand dollars. 

For the salary of the constable of the Commonwealth, the (Nonstable of 

r-. J.r•^^^^^^ Commonwealth, 

sum 01 twenty-rive hundred dollars. salary. 

For the compensation of the state police, a sum not gta^'^^^ce^^^a 
exceeding fifty-five thousand dollars. Acts ises, m 

For clerical and incidental expenses of the constable of the constable, for 

r\ 1,1 J. T J , n 1 T ^ clerks and inci- 

Oommonwealth, a sum not exceedmg twenty-five hundred dentai expenses. 
dollars, which shall be allowed and paid. 

For rent, fuel and lights for the office of the constable of ^^nt and osce 
the Commonwealth, a sum not exceeding twelve hundred Acts 1865,249. 
and fifty dollars ; and for fitting up and furnishing the same, 
a sum not exceeding six hundred dollars, which shall be 
allowed and paid. 

For travelling expenses of the state i^olice, a sum not Police travel, 
exceeding twenty-five hundred dollars. '^ * ' ' 

From the appropriations for expenses of the state alms- Almshouses at 
houses at Tewksbury, Monson and Bridgewater, and of the Mo"son"and 
reform school for boys at Westborough, the nautical branch feformrMuCa'i 
thereof, and of tlie industrial school for girls, there may be *'\'^ industrial 

•ij.i-1 !• 11 schools. 

paid to each, in advance, a sum not exceeding one thousand 
dollars, to be accounted for to the state auditor in the 
monthly settlements of said institutions ; and all sums Moneys received 
received by said institutions from cities, towns or individ- for^shles^,'!^*'' 
uals, for the support of the inmates, or for articles sold, shall brpaid"'state° 
be paid into the treasury of the Commonwealth, except that treasury. 
so much as shall be received from the manufacture of shoes 
at the Tewksbury almshouse, may be re-invested for that 
purpose. 

For the purchase of a burglar-proof safe for the office of safe for treasury. 
the treasurer, a sum not exceeding one thousand dollars, 
which shall be allowed and paid. 

MILITARY. 

For expenses of the paymaster's department, a sum not Paymaster's de- 
exceeding twelve thousand six hundred dollars. pensTs^"'' ^^* 

Section 2. This act shall take effect upon its passage. Acts issi, 219, 

Approved March 20, 1866. 



62 



1866.— Chapters 89, 90, 91, 92. 



Chap. 



g9. ^^ -^CT TO AMEND AN ACT FOR SUPPLYING THE CITY OF CAMBRIDGE 

AVITU PURE WATER. 



City council may 
fell or pledge 
scrip or bonds 
for purposes in <i 
7, chap. 153, '65. 



Be it enacted, ^'c, as follows : 

Section 1. The seyenth section of chapter one hundred 
and fifty-three of the acts of the year eighteen liiindred and 
sixty-five is hereby amended as follows : The city council of 
tlie city of Cambridge shall have authority to sell the scrip or 
bonds specified in said section, or any part thereof, from time 
to time, or pledge the same for money borrowed for the pur- 
poses named in said section, on such terms and conditions as 
the said city council shall judge proper. 

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

Approved March 21, 1866. 



CJiap. 90. 



Ax Act in relation to the trustees of the lenox academy. 
Be it enacted, Sfc, as follows : 

Section 1. The trustees of the Lenox Academy may 
permit the town of Lenox to use their academy building for 
a high school, and may devote the income of the funds under 
lame.™""''^ ^""^ thcir control to the support of said school. 

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

Approved March 21, 1866. 



May permit to 
town use of 
academy build- 
ing for high 
school, and de- 



Chap. 91, 

Corporators. 
Purpose. 



Privileges and 
restrictions. 



May hold estate. 



Election of 
officers. 



An Act to incorporate the boston pilots' relief society. 
Be it enacted, ^'c, as foUoivs: 

Section 1. William C. Fowler, Abel T. Hayden, John 
McField, John Low, their associates and successors, arc 
hereby made a corporation, for the purpose of furnishing aid 
and relief to the pilots of Boston and their families, as occa- 
sion may require ; with all the rights and privileges, and sub- 
ject 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. 

Section 2. Said corporation may hold real and personal 
estate to an amount not exceeding one hundred thousand 
dollars. 

Section 3. The officers of this corporation shall be chosen 
annually. 

Section 4. 



This act shall take effect upon its passage. 

Approved March 21, 1866. 

Chap. 92. -A.N Act to change the name of the second parish in roxbury. 
Be it enacted, Sfc, as follows : 

Section 1. The name of the second parish in Roxbury is 
hereby changed to first parish. West Roxbury. 

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

Approved March 21, 1866. 



First parish. 
West Roxbury 



1866.— Chapters 93, 94, 95. 63 

An Act to authorize the south parish in braintree to sell Chap. 93. 

REAL estate. 

Be it enacted, ^'c, as follows : 

Section 1. The South Parish in Braintree is hereby May mi certain 
authorized to sell at public or private sale, at such time or 
times as it may choose, all the real estate situated in said 
Braintree, devised to said parish by Hannah Thayer and 
Sarah Penniman, deceased ; and the treasurer of said parish *''^*^"'" ""^ 
shall hereby have authority to execute and deliver deeds to 
convey the same in fee simple or otherwise. 

Section 2. The proceeds of the sale of said land shall be investment of 
permanently invested in such manner as the said parish shall ^'°**^ *' 
direct and the judge of probate shall approve ; and the income income, how 
arising therefrom shall be applied exclusively to the purpose *^^ '^ ' 
for which said real estate was originally devised to said 
parish. 

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

Approved March 21, 1866. 
An Act to change the name of the scituate south parish QJimj, 94 

FUND corporation, AND TO INCREASE THE FUND. 

Be it enacted, Sfc, as follows : 

Section 1. The name of the Scituate South Parish Fund corporate name. 
Corporation is hereby changed to South Scituate First Parish 
Fund Corporation. 

Section 2. The fund of said corporation may be increased ?"°d may be- 
to an amount not exceeding fifteen thousand dollars. 

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

Approved March 21, 1S66.. 

An Act to incorporate the American advent mission society. (Jhnv) 95 
Be it enacted, Sfc, as follows : 

Section 1. George T. Adams, Solomon Hovey, William corporators. 
B. Herron, their associates and successors, are hereby made a 
corporation, by the name of the American Advent Mission Title and pur- 
Society, for the purpose of promoting the preaching of the ''°^®' 
gospel of Jesus Christ, at home and abroad, and for the 
evangelization of southern frcedmen. 

Section 2. Said corporation, for the purposes named in May hold estate. 
the preceding section, may take and hold real and personal 
estate, to an amount not exceeding fifty thousand dollars. 

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

Approved March 21,^1866. 



64 



1S66.— Chapters 96, 97, 98. 



Chap. 96. ^^ -^CT TO EXTEND THE TIME FOR LOCATING AND CONSTRUCTING THE 
NORTUAMPTON AND SHELBURNE FALLS RAILROAD. 

Be it enacted, ^r., as follows : 
Extension of TliG time for locating the Northampton and Slielbiirne 

SngTndfive Falls Railroad from Williamsburg to Shelbiirne Falls, as 
for constructing, autliorizcd bj chapter sixty-five of the acts of the year eigh- 
teen hundred and sixty-one, is hereby extended three years, 
and the time for constructing the same is extended five years. 

Approved March 21, 1866. 



Chat). 97. -^N ^^'^ '^^ AUTHORIZE THE OLD COLONY AND NEWPORT RAILWAY 

COMPANY TO BUILD A WHARF. 

Be it enacted, ^'c, as follows : 

The Old Colony and Newport Railway Company, its suc- 
cessors and assigns, are hereby authorized to build and 
maintain a wharf in front of its own land upon the easterly 
side of Mount Hope Bay in Fall River, between the northerly 
line of Ferry street and the northerly line of Hope street 
extended, provided that the channel line of said wharf shall 
be fixed and determined by the board of harbor commis- 
sioners ; and shall have the right to lay vessels at the end 
and sides of said wharf, and to receive wharfage and dockage 
therefor : provided, hoivever, that this grant shall in no wise 
impair the legal rights of any person. 

Approved March 21, 18G0. 



May build on 
Mount Hope Bay 
in Fall River. 



Channel line to 
be fixed by har- 
bor commission- 



May lay vessels 
at wharf. 

Proviso. 



Char) 98 ^^ ^^^ ^^ amend an act to in 



ncorporate the bridgewater iron 
manufacturing company. 



May increase 
capital stock. 



May hold real 
estate. 

Factory power 
enlarged. 



Corporate name 
changed. 



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

Section 1. The Bridgewater Iron Manufacturing Com- 
pany, a corporation established in Bridgewater, is hereby 
authorized to add to its capital stock six hundred thousand 
dollars, which shall be divided into shares of one thousand 
dollars each, and to hold real estate to an amount not 
exceeding three hundred thousand dollars. 

Section 2. Said corporation may manufacture copper and 
other metals in their various modifications, in addition to the 
articles now authorized by its charter. 

Section 3. Said corporation shall be called and known 
hereafter, by the name of the Bridgewater Iron and Copper 
Company. 

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

♦ Approved March 21, 1866. 



1866.— Chapter 99. 65 

An Act in aid of the north adams water company. Chap. 99. 

Be it enacted, Sj-c, as follows : 

Section 1. The town of Adams is hereby authorized to Town of Adams 
issue, from time to time, notes, scrip or certificates of debt, with interest ' 
to be denominated on tlie face thereof " North Adams water ^nuu^'auy'^'"'' 
scrip," to an amount not exceeding sixty tliousand dollars, 
and bearing interest at a rate not exceeding the legal rate of 
interest in this Commonwealth. Said interest shall be pay- 
able semi-annually, and the principal shall be payable at 
periods not more than thirty years from the issuing of said 
notes, scrip or certificates respectively. All notes, scrip and i^^'^e^, how 
certificates of debt issued as aforesaid, shall be signed by the recorded. 
treasurer of said town, and countersigned by the chairman 
of the selectmen ; and a record of all such notes, scrip and 
certificates, shall be made and kept by the said treasurer. 
The town of Adams may loan said notes, scrip or certificates. Town may loan 

Tf /^ 1 1 ^ Water Com- 

to the JNorth Adams Water Company, upon such terms and pany. 
conditions as may be by said town prescribed ; and the said company may 
water company may sell the same, or any part thereof, from ^^ "'^ ^ * ^*' 
time to time, or pledge the same for money borrowed for the 
purposes aforesaid, at such rates, and upon such terms, as 
said company shall deem proper. 

Section 2. Said water company is hereby authorized to "ay transfer 

fr3.nctii'*6 to ^» 

sell, assign and transfer all its rights, franchise and property a. fire district. ' 
to the North Adams fire district, and said fire district is 
hereby authorized to purchase and hold all the rights, fran- 
chise and property of the said water company : provided, that Proyisos. 
such sale, assignment and transfer, shall be approved by two- 
thirds of the stockholders of said company present and vot- 
ing at a meeting regularly called for that purpose ; and pro- 
vided, also, that such purchase shall be approved by a majority 
of the legal voters in said fire district, present and voting at 
a meeting duly called for that purpose. And said fire district, ^ire aistrict^to 
so purchasing, shall hold, possess and enjoy all the powers, tionsanduabui- 
privileges, rights, franchise, property and estates which, at **^^' 
the time of said purchase, were held and enjoyed by said 
water company, subject to the same duties, restrictions, obli- 
gations and liabilities as now are or hereafter may be imposed 
upon said company. 

Section 3. The town of Adams is hereby authorized to Town may im- 

-,,, , T- , . "^ ■, f, ,..j pose taxes la 

assess and collect upon the polls and estates m the tire district district to pay 
of North Adams, all taxes necessary to pay the principal and ^°^°" 
interest of the notes, scrip and certificates issued and loaned 
as aforesaid. 

16 



66 



1866.--CHAFrERs 100, 101, 102. 



Act, if accepted SECTION 4. A legal meeting of the voters of said fire dis- 
voteJr°of 'dis- trict shall be called within six months after the passage of this 
month'i'''Lud''' act, for the purpose of having said voters give in their written 
after by' Toters of yotcs ou tlic Question whctlicr thcv will accept this act ; and 

towa IQ three ^ • -\ f • ^ ini* xi en • ii 

months, to be in if two-tliu'ds 01 said votos shali DC m the ainrmative, then 
force; otherwise ^|^^ selectmen of thc town of Adams shall warn a meeting of 
the voters of said town, within three months therefrom, for 
the purpose of having said voters give in their written votes 
upon the question whether they will accept this act, and if 
two-thirds of said votes given upon said question shall be in 
the affirmative, then this act shall be in force, otherwise it 
shall be void. 
KepeaJ. SECTION 5. The ouc liuudrcd and ninety-first chapter of 

the acts of the year one thousand eight hundred and sixty- 
four is hereby repealed. 

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

Approved March 21, 1866. 
Chap. 100 -^ Act to increase the capital stock of the taunton copper 

MANUFACTCRIXG COMPANY. 

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

Section 1. The Taunton Copper Manufacturing Com- 
pany, a corporation established in Taunton, is hereby author- 
ized to increase its capital stock four hundred thousand 
dollars, the same to be divided into shares of one thousand 
dollars each. 

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

Approved March 21, 1866. 

Chap. 101 An Act relative to the employment of a second clerk in the 
* * auditor's department. 

Be it enacted, cVc, as follows: 

Section 1. The auditor of accounts is hereby authorized 
to employ a second clerk at a salary of fourteen hundred 
dollars per annum, to be computed from and after the first 
day of January in the year eighteen hundred and sixty-six. 

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

Approved March 22, 1866. 



May increase four 
hundred thou- 
sand dollars. 



Shares. 



Auditor may 
employ. 

Salary to be 
computed from 
first January. 



Chap. 102 



Certain stock- 
holder may re- 
deem and hold 
franchise. 



An Act concerning the south reading branch railroad. 
Be it enacted, ^'c, as follows : 

Section 1. Nathaniel Adams, a stockholder in the South 
Reading Branch Railroad, is hereby authorized and empow- 
ered to redeem the franchise of the said corporation, with all 
the rights and privileges thereof, so far as relates to the 
taking of toll, with all other rights which passed by the sale 
of the franchise of said railroad, upon execution at the 



1866.— Chapter 103. 67 

sheriff's sale, on January second eighteen hundred and 

sixty-six, and upon paying or tendering to the purchaser at conditions. 

said sale of the amount paid by him, with interest thereon at 

the rate of twelve per cent, per annum from the time of said 

sale, in the same manner as is provided by law in cases of 

redemption from sales made upon execution by any railroad 

whose franchise has been sold upon execution, the said 

Adams shall be and become vested with and entitled to all 

the rights, powers and privileges acquired by said purchaser 

under and by virtue of said sale ; and after such tender or Purchaser under 

1 , 1111 -li J.1 execution to 

payment the purchaser shall have no right, power or control quit-ciaim. 

over said railroad, or any right in the franchise of the same, 

nor shall the said railroad have any right in the same except j°^^^^^^^^ 

to redeem the same from said Adams, which it is hereby under law. 

expressly authorized to do, within the time limited by law for 

the redemption of the same from the purchaser. 

Section 2. If the said Nathaniel Adams shall redeem the ^'°^i^°^^®J^'^. 
franchise of said corporation, as herein before provided, and poration failing, 
if the said corporation shall not redeem the same from him, Etst^r*n and^Bos- 
the said Adams shall have authority to lease the said South c°ompa^es.'^^"'* 
Reading Branch Railroad, with all the rights, privileges and 
franchises connected with the same, so far as the same shall 
have become his property. or he shall have acquired a right 
in the same, under the redemption by this act provided for, 
to the Eastern Railroad or to the Boston and Maine Railroad, 
and said corporations are severally empowered to hire the 
same, upon such terms and for such time as may be agreed 
upon between the parties : provided, that such lessee shall be Proviso, 
required to furnish all reasonable accommodation to the 
public generally and the business along the line of said road, 
and not less than is provided to be furnished by the provisions 
of chapter three hundred and five of the acts of eighteen 
hundred and fifty-two ; and all the provisions of said act as 
to the accommodations to be furnished and trains to be run, 
and the remedy for failure to furnish accommodations and 
run trains, shall be held to apply to the manner of running 
said road by such lessee. 

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

Approved March 23, 1866. 

An Act to apportion representatives to the several counties. Chap. 103 
Be it enacted, §-c., as follows : 

Section 1. The two hundred and forty members of the Apportionment 
house of representatives, are hereby apportioned to the sus.' 
several counties agreeably to the provisions of the constitu- 
tion, until the next decennial census, as follows : To the 



68 1866.— Chapters 104, 105. 



Barnstable. county of Barustable, eight representatives ; to the county of 

Berkshire. Berkshire, ten representatives ; to the county of Bristol, 

Dukes' eighteen representatives ; to the county of Dukes county, 

Essex. one representative ; to the county of Essex, thirty-two repre- 

Frankiin. scutativcs ; to the county of Franklin, seven representatives ; 

H.mpden. to tlic couuty of Hampden, twelve representatives ; to the 

H;.rapshire. couuty of Hampshire, seven representatives ; to the county 

Middlesex. of Middlesex, forty-one representatives ; to the county of 

Nantucket. Nautuckct, ouc representative ; to the county of Norfolk, 

Norfolk. excluding therefrom the town of Cohasset, twenty-one repre- 

piymouth. sentatives ; to the county of Plymouth, including in addition 
thereto the town of Cohasset, fifteen representatives ; to the 

Suffolk. county of Suifolk, thirty-six representatives ; to the county of 

Worcester. Worccstcr, tliirty-ouc representatives. 

Vacancy in SECTION 2. lu casc a ucw clcction is ordered durinsr the 

present House, ,. . , ^,, ~ „ 

how filled. present political year, to till any vacancy in the house of 
representatives, said election shall be held in the district 
which elected the representative whose place is so vacant, 
notwithstanding anything in this act. 

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

Approved March 26, 1S66. 
Chap. lOi An Act in relation to voting by proxy in cemetery 

CORPORATIONS. 
Be it enacted, Sfc, as folloios : 

chT'^m^i^^lo Section 1. The provisions relating to voting by proxy 
apply. ' ' contained in section seven of chapter sixty of the General 
Statutes shall apply to cemetery corporations. 

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

Approved March 26, 1866. 
Chap. 105 An Act to incorporate the American railroad construction 

AND LAND COMPvANY. 

Be it enacted, ^"c, as follows : 

Corporators. SECTION 1. Nomiau C. Muusou, Daniel N. Stanton, Silas 

H. Munson, their associates and successors, are hereby made 

Title. a corporation, by the name of the American Railroad Con- 

struction and Land Company, to be established in the city of 

aD?po°werr^''*^ Bostou, witli a Capital stock of six hundred thousand dollars, 
divided into shares of one hundred dollars each, with power 
to make contracts with railroad companies, for constructing 
and equipping railroads ; also, to contract with owners of 
flats, for filling the same, and constructing wharves and walls 
connected therewith ; and to contract for the use of any rail- 
road for the purpose of conveying gravel and other materials 
used in filling such flats and the construction of such wharves 

Real estate. and walls ; with authority to hold such real and personal 



1866.— Chapters 106, 107, 108. 69 

estate as shall be necessary for the purposes aforesaid ; having corporate func- 
the powers and privileges, and subject to all the duties, restric- 
tions and liabilities, set forth in all general laws which now 
are, or may hereafter be in force relating to such corporations ; 
but nothing herein contained shall be held or construed as Restriction de- 
granting to the said corporation any of the rights or powers of 
railroad corporations. 

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

Approved March 26, 1866. 
An Act in addition to an act to incorporate an academy in Chap. 106 

THE TOWN OF AVILBRAHAM, BY THE NAME OF THE WESLEYAN ■* 

ACADEMY. 

Be it enacted, Sfc, as folloios : 

Section 1. The trustees of the Wesley an Academy, incor- Trustees may 
porated under chapter eighty of the acts of the year eighteen exceed'inVthree 
hundred and twenty-three, approved the seventh day of Feb- ^nd'^douaw?"" 
ruary in the year eighteen hundred and twenty-four, are 
hereby authorized to hold, for the purposes set forth in said 
act of incorporation, real and personal estate to an amount 
not exceeding tln^ee hundred thousand dollars. 

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

Approved March 26, 1866. 



An Act to authorize the eastern railroad corporation and 
the salem and lowell railroad corporation to change 

their PASSENGER DEPOTS IN SOUTH DANVERS. 

Be it enacted, §"c., as follows : 

Section 1. The Eastern Railroad Corporation, and the 
Salem and Lowell Railroad Corporation, or either of them, 
are hereby authorized to abandon their passenger depots in 
the town of South Danvers, and to locate, construct and 
maintain a passenger depot in some convenient place between 
the depot of the Eastern Railroad Corporation and Central 
street in said town of South Danvers. 

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

Approved March 26, 1866. 



Chap. 107 



Chap. 108 



An Act to incorporate the north woburn street railroad 

COMPANY. 

Be it enacted, Sfc, as follows : 

Section 1. David D. Hart, John R. Kimball, Edward E. corporators. 
Thompson, their associates and successors, are hereby made a 
corporation, by the name of the North Woburn Street Rail- 
road Company, for the purpose of constructing and using a purpose, 
street railroad from that part of Woburn called Woburn 
Centre to North Woburn ; with all the powers and privileges, pnyiieges and 
and subject to all the duties, restrictions and liabilities, set r^s'^ctions. 



70 



1866.— Chapters 109, 110. 



forth in all general laws which now are or may hereafter be 
in force relating to street railroads. 

Section 2. The capital stock of said corporation shall not 
exceed fifty thousand dollars, to be divided into shares of one 
hundred dollars each. 

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

Approved March 26, 1866. 

An Act to incorporate the nantucket fishing company. 
Be it enacted, §t., as follows : 

Section 1. Matthew Crosby, Joseph B. Macy, Joseph C. 
Chase, their associates and successors, are hereby made a cor- 
poration, by the name of the Nantucket Fishing Company, 
for the purpose of carrying on a general fishing and freight- 
ing business ; with all the rights 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 
applicable to such corporations. 
May hold estate. SECTION 2. Said Corporation may hold such real and per- 
sonal estate as may be necessary for the purpose aforesaid ; 
but the capital stock of said company shall not exceed sixty 
thousand dollars, and shall be divided into shares of fifty 
dollars each. 

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

Approved March 26, 1866. 



Capital stock and 
shares. 



Chap. 109 

Corporators. 



Purpose. 

Privileges and 
restrictions. 



Capital and 
shares. 



Chap. 110 

Corporators. 
Purpose. 



Privileees and 
restrictions. 



May have steam 
vessels and navi- 
gate same. 



Capital stock and 
shares. 



An Act to incorporate the fall river steam-boat company. 

Be it enacted, §'c., as follows : 

Section 1. Charles P. Stickney, Daniel Brown, Philip D. 
Borden, their associates and successors, are hereby made a 
corporation, by the name of the Fall River Steam-boat Com- 
pany, for the purpose of navigating, by steam vessels, tlie 
waters of New York, Mount Hope and Narraganset Bays 
and the intervening waters ; with all the powers and privi- 
leges and subject to all the duties, liabilities and restrictions 
set forth in the general laws which now are or may hereafter 
be in force relating to such corporations. 

Section 2. Said company is hereby authorized and 
empowered to build, purchase, hold and convey, hire and 
employ one or more steam vessels, with such apparatus and 
appendages as may be found necessary for steam navigation 
and the transportation of passengers and merchandise, in any 
and all the waters aforesaid. 

Section 3. The capital stock of said corporation shall not 
exceed one hundred and fifty thousand dollars, to be fixed 
by vote of the corporation, and shall be divided into shares 
of the par value of one hundred dollars each ; and said cor- 



1866.— Chapters 111, 112. 71 

poration shall have power to assess, from time to time, upon Assessment of 
said shares, such sums of money 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 March 28, 1866. 

Ax Act to incorporate the second congregational society Qficjp^ \W 

IN BEVERLY, AND IN RELATION TO THE SALEM AND BEVERLY "^ * 
PRECINCT. 

Be it enacted, 5'c., as follows : 

Section 1. Richard P. Waters, Henry Wilson, Elijah E. corporators. 
Lummus, and the other owners of the pews of the meeting- 
house formerly of the Salem and Beverly Precinct, with their 
associates and successors, are hereby made a corporation as a 
religious society, by the name of the Second Congregational Title. 
Society in Beverly ; with all the powers and privileges, and Priviieses and 

.... restrictioiis. 

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 corporation created by this act shall New corporation 
succeed to all the rights, privileges and property of the said functions and 
Salem and Beverly Precinct : provided, that the inhabitants dnct"*^ '^^ ^^^' 
of said precinct, within three months from the passage of this Proviso. 
act, at a meeting duly called for that purpose, in the usual 
manner of notifying meetings of said precinct, shall vote to 
accept the same. 

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

Approved March 30, 1866. 

An Act concerning the enlargement of burial grounds. Chop. 112 

Be it enacted, §'c., as follows : 

Section 1. When there is a necessity for the enlaro'ement owner ofiandad- 

I* 1 • 1 1 • , • '111 ., joining refusing 

01 any burial ground now existing in and belonging to any to sen, county 
town, and the owner of the adjoining land needed for such m^'"brappued 
enlargement, refuses to sell the same, or demands therefor a ***• 
price deemed by the selectmen of said town unreasonable, 
said selectmen may, with the approbation of the town, make 
application therefor by a written petition to the commissioners 
of the county wherein the land is situate. 

Section 2. The commissioners shall appoint a time and a''"?,"'rh'eTrin*° 
place for a hearing, and shall cause a notice thereof, together and notify owner. 
with a copy of said petition, to be served personally on the 
land owner, or left at his place of abode fourteen days at least 
before the time appointed for the hearing. 

Section 3. The commissioners shall hear the parties at the shaii hear parties 
time and place appointed, or at an adjournment thereof, and ^^ ^ Judicate. 



72 



1866.— Chapters 113, 114 



as soon as may be after the hearing shall consider and adjudi- 
cate upon the necessity of such enlargement, and upon the 
quantity, boundaries, damages and value of the land adjudged 
necessary to be taken for that purpose. 

Section 4. Each commissioner shall be paid by the town 
three dollars per day for each day spent in acting under the 
petition, and five cents a mile for travel to and from the place 
of the hearing. 

Section 5. Upon payment or tender of payment of the 
amount of damages to the owner by the town, the land shall 
be taken and held by the town as a part and parcel of the 
burial ground of such town : provided, that such tender of 
payment shall be made within sixty days from the date of 
such adjudication. 

Section 6. When the owner of the land taken feels 
aggrieved by the award of damages, he may, upon applica- 
tion therefor in writing to the said commissioners, within one 
year, have the matter of his complaint determined by a jury, 
as in the case of assessment of damages for highways ; and all 
proceedings shall be conducted as in such case is provided. 
If the sum allowed for damages, including the value of the 
land, is increased by the jury, the sum so allowed by the 
jury, and all charges, shall be paid by the town : otherwise, 
the charges arising upon such application for a jury shall be 
paid by the applicant. The land-owner applying for a jury 
shall enter into a recognizance in such sum, and with such 
surety as the conunissioners shall order for the payijient of 

such charges. Approved March 30, 1866. 

Chap. 113 -^ -^CT TO AUTHORIZE HORSE AND STREET RAILROAD CORPORATIONS 
TO TAKE THE BENEFIT OF THE INSOLVENT LAWS. 

Be it enacted, §'c., as follows : 

Section 1. The provisions of the General Statutes rela- 
tive to insolvent corporations, shall be construed to apply to 
and include horse and street railroad corporations : provided, 
however, that nothing in this act shall affect the rights of 
any party already acquired by attachment, lien or otherwise. 

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

Approved March 30, 1866. 

Chap. 114 ^^ -A.OT TO INCORPORATE THE BANNER OF LIGHT PUBLISHING HOUSE. 

Be it enacted, §'c., as follows : 

Section 1. William White, Luther Colby, Isaac B. Rich, 
Charles H. Crowell, their associates and successors, are 
hereby made a corporation, by the name of the Banner of 
Light Publishing House, for the purpose of printing and 
publishing newspapers and books and executing job printing 



Pay of commis- 
sioners. 



Land may be 
held by town if 
tender of pay- 
ment is made 
in sixty days. 
ProTiso. 



Owner aggrieTed 
may have jury 
determine dam- 
ages. 



Adjustment un- 
der award of jury . 



Owner to file 
bond, with 
surety. 



Law relating to 
insolvent corpo- 
rations to apply. 



Proviso. 



Corporators. 



Purpose. 



1866.— Chapters 115, 116, 117. 73 

and binding, in the city of Boston, with authority for that ^^^JJ^"^^"^ ^^' 

purpose to receive money or property by gift, donation, 

devise, bequest or otherwise ; with all the powers and privi- Privileges and 

leges, and subject to all the duties, restrictions and liabilities ^^ 

set forth in the sixty-eighth chapter of the General Statutes. 

Section 2, Said corporation, for the purposes aforesaid, '^^f^^J^^^^^^ 
may hold real and personal estate to the amount of one hun- 
dred thousand dollars, and the whole of the capital stock 
shall not exceed one hundred and fifty thousand dollars, to 
be divided into shares of one hundred dollars each. 

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

Approved March 30, 1866. 

An Act to authorize eleazar h. rich to build a wharf in CJlCip. 115 

PROVINCETOWN. 

Be it enacted^ ^'c, as follows : 

Section 1. Eleazar H. Rich, owner of land and flats in May maintain 
Proviucetown, is hereby authorized to build and maintain a hisYand/**'^'^ 
wharf in the harbor of said Proviucetown, adjacent to his 
land 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 dockage and wharfage therefor : provided, Provisos. 
however, that if a commissioners' line is hereafter duly estab- 
lished by authority of law in said harbor, 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. 

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

Approved March 30, 1866. 

An Act in relation to the probate court in Middlesex county. QJiap. 116 
Be it enacted, ^'c, as follows : 

Section 1. The probate court for the county of Middlesex, courts to be heid 
required to be held on the second and fourth Tuesdays of ^ ^^ " °*' 
each month, except July, shall hereafter be held at Cambridge, 
in said county. 

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

Approved March 30, 1866. 
An Act concerning the board of accounts in the county of Qfiap, 117 

SUFFOLK. ■^' 

Be it enacted, Sfc, as follows : 

Section 1. In the county of Suffolk, the board of alder- '^^'^®''™„°°it^t°'^ 
men of the city of Boston shall be a board of accounts, who board of accounts 
shall meet quarter-yearly, and as much oftener as may be ^°^ Suffolk, 
necessary, to allow bills of costs, accounts and charges arising 
in the police court of the city of Boston, and in the mainte- 
nance and keeping of the prisoners in the jail of the county 

17 



14: 1866.— Chapter 118. 

Shall audit ac- of SiifFolk, and of other expenses and charo-es in keepins: said 

counts arising in .., ,, , f n -i • i • ■ ^ 

police court and jail and Other places oi connnement and punishment in said 
o7jauTn'd°*c'ity citj. Thcj shall certify such accounts, charges and expenses, 
prisons. CIS ^re allowcd by them, by an indorsement thereon addressed 

to the public officer by whom the same are payable. 
^p«*i- Section 2. The fiftieth section of the seventeenth chapter 

of the General Statutes is hereby repealed. 

Approved March 30, 1866. 
Chap, 118 An Act in addition to ax act to incorporate the Springfield 

AQUEDUCT company. 

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

Company may SECTION 1. The Springfield Aqucduct Company is hereby 

increase capital. ±^ • -x • ■•iit tit*^, *' 

authorized to increase its capital stock by adding thereto an 
amount not exceeding fifty thousand dollars, which shall be 
Shares. divided into shares of one hundred dollars each, for the pur- 

pose of furnishing to the inhabitants of the city of Springfield 
an additional supply of pure water, 
oler North Br^o'^k SECTION 2. Said compauy is authorized to erect and 
and hold water maintain a dam, in said Springfield, on the road leading from 
Armory Hill, so called, to Chicopee, across the North Brook, 
so called, and take and hold all the water which may run 
into said brook above said dam, and the lands necessary for 
laying and maintaining the pipes to conduct the water from 
said dam, and from the pond or reservoir raised thereby, to 
May distribute somc conveiiicnt place on Chestnut street, and thence convey 
field, subject to aiid distribute the same through the city of Springfield ; sub- 
Acjofi8i8,chap. j^^^^ howcvcr, to all the restrictions, obhgations and duties, 
and with all the privileges conferred upon said corporation 
by the fifth, sixth and seventh sections of chapter three hun- 
dred and three of the acts of the year eighteen hundred and 
forty-eight, and by all subsequent acts modifying or amend- 
Provjsos. ing the same : provided, that said company shall not obstruct 

nor injure any sewer now laid, or which may hereafter be 
laid, in any street, alley or park in said city ; and provided, 
further, that this act shall in nowise aSect any claim for 
damages by any person, by reason of any act heretofore done 
by said company, without authority of law, either in building 
a dam, as aforesaid, or in taking, holding or diverting from 
their natural course said waters, or in taking the lands 
requisite therefor. 
Shall file descrip- SECTION 3. Said compaiiy shall, within sixty days after 
tak°en°in''rejistry taking any land or water by virtue of this act, file in the 
of deeds. office of tlic registry of deeds of the county of Hampden a 

description of the lands and water so taken, as certain as is 
required in a common conveyance of land, which shall be 



1866.— Chapter 119. 75 

signed by the president of said company ; and all damages ^*j™''|?^;^''°^^ 
sustained Ly any person or corporation, by taking water or recovered. 
land as aforesaid, shall be ascertained, determined and recov- -^ 
ered in the manner now provided by law in case of lands 
taken for highways. 

Section 4. Said company may sell and convey all its company may 

. , , „ 1 • 1 • /» n • r- 1 T 'ii convey franchise 

rights, property and franchise to the city oi Springneld, with and property to 
the written assent of three-fourths in interest of its stock- ^^^^' 
holders, in accordance with the provisions of section two of 
chapter one hundred and sixty-five of the acts of the year 
one thousand eight hundred and sixty-four, entitled " an 
act to provide an additional supply of pure water for the city 
of Springfield." 

Section 5. This act shall take eifect whenever three- ^^^^^^^^^ *° ^^ 
fourths in interest of the stockholders of said company shall 
have assented in writing to a contract made by the directors 
of said company with the city of Springfield, bearing date 
May nineteenth in the year one thousand eight hundred and 
sixty-five. Approved March 30, 1866. 

An Act making appropriations for the departments of the QJiap. 119 

SURGEON-GENERAL, QUARTERMASTER AND MASTER OF ORDNANCE, "^ 

AND FOR OTHER PURPOSES. 

Be it enacted, §'c., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropnationa 
priated, 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 in the year eighteen 
hundred and sixty-six, to wit : 

For the salary of the surQ;eon-o;eneral, a sum not exceeding surgeon-generai, 

^ -r ,, DO 7 D salary. 

two thousand dollars. Acts isei, 219; 

For the salary of the assistant surgeon-general, a sum not Assistant. 
exQeeding fifteen hundred dollars. ^'^^^ ^^^^' ^^^■ 

For the salary of the first clerk of the surgeon-general, a ^'/t*i8gi^2i9. 
sum not exceeding eighteen hundred dollars. ises, 154.' 

For the compensation of such extra clerks as the surgeon- Extra cierks. 

1 n'^ ^ . T p i. Acts 1861, 219; 

general may find necessary, a sum not exceeding lorty-one ises, 154. 
hundred dollars. 

For the salary of the messeno:er of the surgeon-general, a Messenger. 

o CD/ Acts 1861 219. 

sum not exceeding six hundred dollars. ' 

For incidental and contingent expenses of the surgeon- incidental. 

general's department, a sum not exceeding fifteen hundred "^ ^ ' ' 

dollars. 

For expenses of the departments of the quartermaster and atld^^d^nce dl- 

master of ordnance, a sum not exceeding sixteen thousand p*'''^"^^°'«- ,„ 

T I, ' ° Acts 1861, 219: 

QOllarS. 1865, 154. 



76 



1866.— Chapter 120. 



Chap 



Forty districts 
until next 
census. 



Island district. 



Cape district. 



Cutlery, house For cutleiy for the house of representatives, a sum not 
representatives, g^^gg^^^j^g Q\g\^i hundred dollars, which shall be allowed and 
paid. 

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

Approved April 7, 1866. 

. 120 -^^ ^^"^ '^^ DIVIDE THE COMMONWEALTH INTO FORTY DISTRICTS FOR 

THE CHOICE OF SENATORS. 

Be it enacted, §'e., as follows : 

Section 1. For the purpose of choosing senators until the 
next decennial census, the Commonwealth is hereby divided, 
agreeably to the provisions of the constitution, into forty 
districts, as hereinafter specified. 

Section 2. The counties of Barnstable, Dukes county and 
Nantucket are divided into two districts, as follows : 

The towns of Barnstable, Falmouth and Sandwich, in the 
county of Barnstable ; and the towns of Chilmark, Edgar- 
town, Tisbury and Gosnold, in the county of Dukes county ; 
and the town of Nantucket in the county of Nantucket, shall 
constitute a district, to be known as the Island District. 

The towns of Brewster, Chatham, Dennis, Eastham, Har- 
wich, Orleans, Provincetown, Truro, Wellfleet and Yarmouth, 
in the county of Barnstable, shall constitute a district, to be 
known as the Cape District. 

Section 3. The counties of Plymouth and Norfolk are 
divided into six districts, as follows : 

The towns of Carver, Duxbury, Kingston, Lakeville, 
Marion, Mattapoisett, Middleborough, Plymouth, Plympton, 
Rochester and Wareham, in the county of Plymouth, shall 
constitute a district, to be known as the First Plymouth 
District. 

The towns of Abington, Bridgewater, East Bridewater, 
Halifax, Hanson, North Bridgewater, Pembroke and West 
Bridgewater, in the county of Plymouth, shall constitute a 
district, to be known as the Second Plymouth District. 

The towns of Cohasset, Hanover, Hingham, Hull, Marsh- 
field, Scituate and South Scituate, in the county of Plymouth ; 
and the towns of Braintree and Weymouth, in the county of 
Norfolk, shall constitute a district, to be known as the 
Norfolk and Plymouth District. 

The city of Roxbury, and the towns of Brookline and West 
Roxbury, in the county of Norfolk, shall constitute a district, 
to be known as the First Norfolk District. 

The towns of Canton, Dedham, Dorchester, Dover, Milton, 
Needham and Quincy, in the county of Norfolk, shall consti- 
tute a district, to be known as the Second Norfolk District. 



First Plymouth. 



Second 
Plymouth. 



Norfolk and 
Plymouth. 



First Norfolk. 



Second Norfolk. 



1866.— Chapter 120. 77 

The towns of Bellingham, Foxborougb, Franklin, Medfield, Third Norfolk 
Medway, Randolph, Sharon, Stoughton, Walpole and Wren- 
tham, in the county of Norfolk, shall constitute a district, to 
be known as the Third Norfolk District. 

Section 4. The county of Bristol is divided into three 
districts, as follows : 

The city of Taunton, and the towns of Attleborough, First Bristol. 
Eastoii, Mansfield, Norton and Raynham, shall constitute a 
district, to be known as the First Bristol District. 

The city of New Bedford, and the towns of Acushnet, second Bristol. 
Dartmouth and Fairhaven, shall constitute a district, to be 
known as the Second Bristol District. 

The city of Fall River, and the towns of Berkley, Dighton, TWrd Bristol. 
Freetown, Rehoboth, Seekonk, Somerset, Swanzey and West- 
port, shall constitute a district, to be known as the Third 
Bristol District. 

Section 5. The county of Suffolk is divided into six 
districts, as follows : 

The city of Chelsea, the towns of North Chelsea and Win- First Suffolk. 
throp, and the ward numbered one in the city of Boston, shall 
constitute a district, to be known as the First Suffolk District. 

The wards numbered two, three and six, in the city of second Suffolk. 
Boston, shall constitute a district, to be known as the Second 
Suffolk District. 

The wards numbered four and five, in the city of Boston, Third susoik. 
shall constitute a district, to be known as the Third Suffolk 
District. 

The wards numbered eight and nine, in the city -of Boston, Fourth susoik 
shall constitute a district, to be known as the Fourth Suffolk 
District. 

The wards numbered ten and eleven, in the city of Boston, Fifth susoik. 
shall constitute a district, to be known as the Fifth Suffolk 
District. 

The wards numbered seven and twelve, in the city of sixth Suffolk. 
Boston, shall constitute a district, to be known as the Sixth 
Suffolk District. 

Section 6. The county of Essex is divided into five 
districts, as follows: 

The city of Lynn, and the towns of Lynnfield, Marblehead, First Essex. 
Nahant, Saugus and Swampscott, shall constitute a district, to 
be known as the First Essex District. 

The city of Salem, and the towns of Danvers, Hamilton, second Essex. 
Middleton, South Danvers, Topsfield and Wenham, shall 
constitute a district, to be known as the Second Essex 
District. 



78 



1866.— Chapter 120. 



Third Essex. 



Fourth Esses. 



Fifth Essex. 



First Middlesex. 



Second Middle- 
sex. 



Third Middlesex. 



Fourth Middle- 
sex. 



Fifth Middlesex. 



Sixth Middlesex. 



Seventh Middle- 
Bex. 



First Worcester. 



Second Worces- 
ter. 



The city of Lawrence, and the towns of Andover, Boxford, 
Haverhill, Methuen and North Andover, shall constitute a 
district, to be known as the Third Essex District. 

The city of Newburyport, and the towns of Amesbury, 
Bradford, Georgetown, Groveland, Newbury, Salisbury and 
West Newbury, shall constitute a district, to be known as the 
Fourth Essex District. 

The towns of Beverly, Essex, Gloucester, Ipswich, Man- 
chester, Rockport and Rowley, shall constitute a district, to 
be known as the Fifth lEssex District. 

Section 7. The county of Middlesex is divided into seven 
districts, as follows : 

The city of Charlestown shall constitute a district, to be 
known as the First Middlesex District. 

The towns of Belmont, Maiden, Medford, Somerville, 
Waltham, Watertown and West Caml3ridge, shall constitute 
a district, to be known as the Second Middlesex District. 

The city of Cambridge and the town of Brighton, shall 
constitute a district, to be known as the Third Middlesex 
District. 

The towns of Ashland, Framingham, Holliston, Hopkinton, 
Natick, Newton, Sherborn, Wayland and Weston, shall con- 
stitute a district, to be known as the Fourth Middlesex 
District. 

The towns of Acton, Ashby, Boxborough, Carlisle, Con- 
cord, Dunstable, Groton, Hudson, Lincoln, Littleton, Marl- 
borough, Pepperell, Shirley, Stow, Sudbury, Townsend, 
Tyngsborough and Westford, shall constitute a district, to be 
known as the Fifth Middlesex District. 

The towns of Bedford, Billerica, Burlington, Lexington, 
Melrose, North Reading, Reading, South Reading, Stoneham, 
Tewksbury, Wilmington, Winchester and Woburn, shall 
constitute a district, to be known as the Sixth Middlesex 
Disti'ict. 

The city of Lowell, and the towns of Chelmsford and 
Dracut, shall constitute a district, to be known as the Seventh 
Middlesex District. 

Section 8. The county of Worcester is divided into five 
districts, as follows : 

The city of Worcester shall constitute a district, to be 
known as the First Worcester District. 

The towns of Blackstone, Douglas, Grafton, Mendon, 
Milford, Northborough, Northl)ridge, Shrewsbury, South- 
borough, Upton, Uxbridge and Wcstborough, shall constitute 
a district, to be known as the Second Worcester District. 



1866.— Chapter 120. 79 

The towns of Auburn, Brookfielcl, Charlton, Dudley, Third Worcester. 
Leicester, Millbury, Oxford, Southbridge, Spencer, Stur- 
bridge, Sutton, Warren, Webster and West Brookfield, shall 
constitute a district, to be known as the Third Worcester 
District. 

The towns of Athol, Barre, Dana, Gardner, Hardwick, Fourth worces- 
Holden, Hubbardston, New Braintree, North Brookfield, 
Oakham, Paxton, Petersham, Phillipston, Royalston, Rut- 
land, Templeton and Winchendon, shall constitute a district, 
to be known as the Fourth Worcester District. 

The towns of Ashburnham, Berlin, Bolton, Boylston, Fifth Worcester. 
Clinton, Fitchburg, Harvard, Lancaster, Leominster, Lunen- 
burg, Princeton, Sterling, West Boylston and Westminster, 
shall constitute a district, to be known as the Fifth Worcester 
District. 

Section 9. The towns in the county of Franklin, exclud- rrankUn. 
ing the towns of Hawley and Monroe, shall constitute a 
district, to be known as Franklin District. 

Section 10. The counties of Berkshire and Hampshire, 
including the towns of Hawley and Monroe in the county of 
Franklin, are divided into three districts, as follows : 

The towns of Amherst, Belchertown, Easthampton, Enfield, Hampshire. 
Granliy, Greenwich, Hadley, Hatfield, Northampton, Pelham, 
Prescott, South Hadley, Southampton, Ware, Westhampton 
and Williamsburg, in the county of Hampshire, shall con- 
stitute a district, to be known as the Hampshire District. 

The towns of Alford, Becket, Egremont, Great Barrington, Berkshire and 
Lee, Lenox, Monterey, Mount Washington, New Marlborough, *™^* "^' 
Otis, Sandisfield, Sheffield, Stockbridge, Tyringham and 
West Stockbridge, in the county of Berkshire ; and the towns 
of Chesterfield, Cummington, Goshen, Huntington, Middle- 
field, Plainfield and Worthington,in the county of Hampshire, 
shall constitute a district, to be known as the Berkshire and 
Hampshire District. 

The towns of Adams, Cheshire, Clarksburg, Dalton, Florida, Berkshire. 
Hancock, Hinsdale, Lanesborough, New Ashford, Peru, Pitts- 
field, Richmond, Savoy, Washington, Williamstown and 
Windsor, in the county of Berkshire ; and the towns of Haw- 
ley and Monroe, in the county of Franklin, shall constitute a 
district, to be known as the Berkshire District. 

Section 11. The county of Hampden is divided into two 
districts, as follows : 

The city of Springfield, and the towns of Brimfield, Hoi- First Hampden. 
land, Monsoii, Palmer, Wales and Wilbraham, shall constitute 
a district, to be known as the First Hampden District. 



80 1866.— Chapters 121, 122. 

Second Hampden The towns of Agawam, Blajidford, Chester, Chicopee, 

Granville, Holyoke, Longmeadow, Ludlow, Montgomery, 

Russell, Southwick, Tolland, Westfield and West Springfield, 

shall constitute a district, to be known as the Second Hampdeu 

District. 

Vacancy present SECTION 12. lu casc a ucw elcction is Ordered during the 

year, ow e . pj-gggj^^ political jcar, to fill any vacancy in the senate, said 

election shall be held in the district which elected the senator 

whose place is so vacant, notwithstanding anything in this act. 

Section 13. This act shall take etfect upon its passage. 

Approved April 7, 1866. 

Chan. 121 -^^ -^^"^ kelatino to the fees of jurors. 

Be it enacted, Sfc, as follows : 
Attendance and SECTION 1. The fccs for attending as a grand juror or 
jurors'. traverse juror in any court, except before a justice of the 

peace, or police court, shall be two dollars and fifty cents a 
day, for attendance, and eight cents a mile for travel out and 
home : the fees of jurors in all other cases shall remain as 
now fixed by law. 

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

Approved April 7, 1866. 

ChdD. 122 -^N -^<^1' CONCERNING GUARDIANS, WARDS, ADMINISTRATORS, 

"' EXECUTORS AND TRUSTEES. 

Be it enacted, §'c., as follows: 

Ward being out SECTION 1. Whcu a pcrsou uudcr guardianship, having a 

dian mVsei^and guardiau appointed within this state, removes or resides out 

oSte to°gulr- of this statc, said guardian may sell the real estate of his 

State *upon°'dt- ward and pay over the whole or any part of the proceeds, 

cree 'of probate and may pay over and transfer the whole or any part of his 

'^^ ' personal estate, to any guardian, trustee or committee 

appointed by competent authority m the state or country 

within which the ward resides, upon such terms and in such 

manner as the probate court for any county in which any 

such real or personal estate is found, may decree, upon 

petition filed therefor and after notice given to all parties 

interested. 

Person non-resi- SECTION 2. "When a per SOU rcsidcs out of this state and 

guardia'Ii' in" has no guardlau appointed within this state, and has personal 

tra^lk^liirop- estate in the hands of an administrator, executor or trustee 

erty from execu- ^^ ^|^jg g^ate, sucli adiuiuistrator, cxccutor or trustee may pay 

tor or trustee to , n i , i , r- i i 

competent agent Qvcr aud transtcr the whole or any part oi such personal 

in ot er a . ^g^^j.^ ^^ ^^^j g^^ardiau or committee, appointed by competent 

authority in the state or country within which such person 

resides, upon the same terms and in the same manner 

mentioned in the first section of this act. 



1866.— Chapter 123. 81 

Section 3. The first section of chapter one hundred and Repeal, 
thirty-nine of the acts of the year eighteen hundred and 
sixty-two is hereby repealed. 

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

Approved April 7, 1866. 

An Act to appoution and assess a tax of three million Qfidp^ 123 

DOLLARS. ■^' 

Be it enacted, Sj-c, as follows : 

Section 1. Each town and city in this Commonwealth ^^^l^^^l^^^^ 
shall be assessed and pay the several sums with which they 
stand respectively charged in the following schedule, that is 
to say : 

Suffolk Count)/. — Boston, one million sixteen thousand ^°^°^**- 
four hundred and ninety dollars ; Chelsea, twenty-four thou- 
sand one hundred and fifty dollars ; North Chelsea, two 
thousand fi^-e hundred and twenty dollars ; Winthrop, one 
thousand three hundred and fifty dollars. 

Essex County. — Amesbury, five thousand eight hundred Essex. 
and twenty dollars ; Andover, eight thousand five hundred 
and fifty dollars ; Beverly, eleven thousand and ten dollars 
Boxford, one thousand nine hundred and fifty dollars 
Bradford, two thousand seven hundred and thirty dollars 
Danvers, seven thousand two hundred and ninety dollars 
Essex, three thousand dollars ; Georgetown, two thousand 
six hundred and seventy dollars ; Gloucester, fifteen thou- 
sand two hundred and seventy dollars ; Groveland, two 
thousand three hundred and ten dollars ; Hamilton, one 
thousand five hundred dollars ; Haverhill, fifteen thousand 
three hundred and ninety dollars ; Ipswich, five thousand 
and ten dollars ; Lawrence, thirty-four thousand two hundred 
and sixty dollars ; Lynn, thirty-one thousand two hundred 
and sixty dollars ; Lynnfield, one thousand eight hundred 
and sixty dollars ; Manchester, two thousand five hundred 
and fifty dollars ; Marblehead, eight thousand three liundred 
and forty dollars ; Methuen, four thousand two hundred and 
sixty dollars ; Middleton, one thousand two hundred and 
sixty dollars ; Nahant, one thousand four hundred and forty 
dollars ; Newbury, two thousand four hundred dollars ; New- 
buryport, twenty-three thousand four hundred dollars ; North 
Andover, five thousand six hundred and forty dollars ; Rock- 
port, four thousand four hundred and forty dollars ; Rowley, 
one thousand seven hundred and forty dollars ; Salem, forty- 
seven thousand nine hundred and ten dollars ; Salisbury, five 
thousand four hundred and ninety dollars ; Saugus, three 
thousand nine hundred and ninety dollars ; South Danvers, 

18 



82 1866.— Chapter 123. 

eleven thousand nine hundred and ten dollars ; Swampscott, 
four thousand two hundred and sixty dollars ; Topsfield, two 
thousand one hundred and ninety dollars ; Wenham, one thou- 
sand five hundred dollars ; West Newbury, three thousand 
one hundred and fifty dollars. 
Middlesex. Middlesex Countij. — Acton, two thousand seven hundred 

and sixty dollars ; Ashby, one thousand seven hundred and 
forty dollars; Ashland, two thousand two hundred and eighty 
dollars ; Bedford, one thousand five hundred and sixty dol- 
lars ; Belmont, nine thousand five hundred and ten dollars ; 
Billerica, three thousand three hundred and ninety dollars ; 
Boxborough, seven hundred and eighty dollars ; Brighton, 
eleven thousand one hundred dollars ; Burlington, one thou- 
sand two hundred and ninety dollars ; Cambridge, seventy- 
five thousand six hundred and thirty dollars ; Carlisle, one 
thousand one lumdred and forty dollars ; Charlestown, fifty- 
five thousand four hundred and forty dollars ; Chelmsford, 
four thousand seven hundred and forty dollars ; Concord, 
five thousand and ten dollars ; Dracut, three thousand six 
hundred dollars ; Dunstable, one thousand two hundred 
dollars: Framingham, eight thousand seven hundred dollars; 
Groton, five thousand one hundred dollars ; Holliston, five 
thousand and seventy dollars ; Hopkinton, five thousand four 
hundred and ninety dollars ; Lexington, five thousand three 
hundred and ten dollars ; Lincoln, one thousand eight hun- 
dred and sixty dollars ; Littleton, one thousand nine hundred 
and eighty dollars ; Lowell, sixty-two thousand two hundred 
and twenty dollars ; Maiden, twelve thousand seven hundred 
and eight}^ dollars; Marlborough, nine thousand one hundred 
and eighty dollars ; Medford, fifteen thousand nine hundred 
and thirty dollars ; Melrose, five thousand three hundred 
and seventy dollars ; Natick, six thousand four hundred and 
fifty dollars ; Newton, twenty-eight thousand one hundred 
and ten dollars ; North Reading, one thousand nine hundred 
and twenty dollars ; Pepperell, three thousand and thirty 
dollars ; Reading, four thousand two hundred dollars ; Sher- 
born, two thousand six hundred and forty dollars ; Shirley, 
two thousand one hundred and ninety dollars ; Somerville, 
seventeen thousand two hundred and eighty dollars ; South 
Reading, five thousand six hundred and forty dollars ; Stone- 
ham, four thousand seven hundred and ten dollars ; Stow, 
two thousand five hundred and twenty dollars ; Sudbury, 
three thousand three hundred dollars ; Tewksbury, two thou- 
sand three hundred and forty dollars ; Townsend, two thousand 
six hundred and seventy dollars ; Tyngsborough, one thou- 
sand one hundred and ten dollars ; Waltham, sixteen thou- 



1866.— Chapter 123. 83 

sand two hundred and ninety dollars; TVatertown, eight 
thousand three hundred and seventy dollars ; Wayland, two 
thousand one hundred dollars ; West Cambridge, eight 
thousand three hundred and ten dollars ; Westford, three 
thousand one hundred and twenty dollars ; Weston, three 
thousand two hundred and seventy dollars ; Wilmington, 
one tliousand seven hundred and seventy dollars ; Winches- 
ter, four thousand three hundred and eighty dollars ; Woburn, 
fifteen thousand seven hundred and fifty dollars. 

Worcester Count}/. — Ashburnham, two thousand eight Worcester. 
hundred and twenty dollars ; Athol, three thousand nine 
hundred and thirty dollars ; Auburn, one thousand six hun- 
dred and twenty dollars ; Barre, five thousand six hundred 
and seventy dollars ; Berlin, one thousand four hundred and 
ten dollars ; Blackstone, six thousand nine hundred and thirty 
dollars ; Bolton, two thousand one hundred and ninety dol- 
lars ; Boylstoi*, one thousand five hundred dollars ; Brook- 
field, three thousand three hundred and sixty dollars ; Charl- 
ton, three thousand and thirty dollars ; Chnton, six thousand 
three hundred dollars ; Dana, nine hundred dollars ; Douglas, 
three thousand and thirty dollars ; Dudley, two thousand three 
hundred and forty dollars ; Fitchburg, thirteen thousand seven 
hundred and forty dollars ; Gardner, three thousand two 
hundred and seventy dollars ; Grafton, five thousand nine 
hundred and seventy dollars : Hardwick, three thousand four 
hundred and fifty dollars ; Harvard, two thousand nine hun- 
dred and seventy dollars ; Holden, two thousand eight hun- 
dred and twenty dollars ; Hubbardston, two thousand four 
hundred and thirty dollars ; Lancaster, three thousand one 
hundred and fifty dollars ; Leicester, five thousand one hun- 
dred dollars ; Leominster, six thousand two hundred and 
ten dollars ; Lunenburg, two thousand three hundred and 
ten dollars ; Mendon, two thousand one hundred and sixty 
dollars; Milford, twelve thousand one hundred and eighty 
dollars ; Millbury, four thousand seven hundred and seventy 
dollars ; New Braintree, one thousand seven hundred and ten 
dollars ; North Brookfield, three thousand five hundred and 
forty dollars ; Xorthborough, two thousand seven hundred 
and ninety dollars ; Northbridge, three thousand seven hun- 
dred and fifty dollars ; Oakham, one thousand one hundred 
and forty dollars ; Oxford, three thousand eight hundred and 
seventy dollars ; Paxton, one thousand and twenty dollars ; 
Petersham, two thousand two hundred and fifty dollars ; 
Phillipston, one thousand and eighty dollars ; Princeton, two 
thousand four hundred and sixty dollars ; Royalston, two 
thousand three hundred and forty dollars ; Rutland, one 



84 



1866.— Chapter 123. 



thousand seven hundred and forty dollars ; Shrewsbury, three 
thousand two hundred and forty dollars; Southborough, three 
thousand and ninety dollars ; Southbridge, five thousand six 
hundred and seventy dollars ; Spencer, four thousand seven 
hundred and ten dollars ; Sterling, three thousand three hun- 
dred and ninety dollars ; Sturbridge, two thousand nine hun- 
dred and forty dollars ; Sutton, three thousand seven hundred 
and twenty dollars ; Templeton, three thousand four hundred 
and eighty dollars ; Upton, two thousand six hundred and 
ten dollars ; Uxbridge, five thousand one hundred and sixty 
dollars ; Warren, three thousand three hundred and ninety 
dollars ; Webster, three thousand seven hundred and eighty 
dollars ; West Boylston, two thousand nine hundred and forty 
dollars ; West Brookfield, two thousand three hundred and 
ten dollars ; Westborough, four thousand five hundred and 
thirty dollars ; Westminster, two thousand four hundred and 
thirty dollars ; Winchenden, four thousand one hundred and 
seventy dollars ; Worcester, sixty-one thousand two hundred 
and ninety dollars. 

Hampshire. Hampshire County. — Amherst, five thousand eight hundred 

and fifty dollars ; Belchertown, three thousand eight hundred 
and ten dollars ; Chesterfield, one thousand two hundred and 
ninety dollars ; Cummington, one thousand two hundred and 
thirty dollars ; Easthampton, five thousand one hundred dol- 
lars; Enfield, one thousand nine hundred and twenty dollars ; 
Goshen, five hundred and forty dollars ; Granby, one thousand 
five hundred and sixty dollars ; Greenwich, nine hundred dol- 
lars ; Hadley, four thousand and eighty dollars ; Hatfield, four 
thousand two hundred and sixty dollars ; Huntington, one 
thousand four hundred and forty dollars ; Middlefield, one 
thousand one hundred and seventy dollars ; Northampton, 
fourteen thousand seven hundred and sixty dollars ; Pclham, 
seven hundred and fifty dollars ; Plainfield, eight hundred and 
seventy dollars ; Prescott, seven hundred and eighty dollars ; 
South Hadley, three thousand five hundred and seventy dol- 
lars ; Southampton, one thousand six hundred and eighty 
dollars ; Ware, four thousand four hundred and forty dollars ; 
Westhampton, nine hundred and thirty dollars ; Williamsburg, 
three thousand five hundred and ten dollars ; Worthiugton, 
one thousand three hundred and eighty dollars. 

Hampden. Hampden Countjj. — Agawam, two thousand seven hundred 

dollars ; Blandford, one thousand eight hundred dollars ; 
Brimfield, two thousand three hundred and ten dollars ; 
Chester, one thousand six hundred and twenty dollars ; 
Chicopee, ten thousand six hundred and eiglity dollars ; 
Granville, one thousand eight hundred and thirty dollars ; 



1866.— Chapter 123. 85 

Holland, four hundred and fifty dollars ; Holyoke, eight thou- 
sand three hundred and ten dollars ; Longmeadow, three thou- 
sand one hundred and fifty dollars ; Ludlow, one thousand five 
hundred and sixty dollars ; Monson, four thousand two hun- 
dred and ninety dollars ; Montgomery, five hundred and forty 
dollars ; Palmer, four thousand two hundred and ninety dol- 
lars; Russell, seven hundred and fifty dollars; Southwick, one 
thousand nine hundred and eighty dollars ; Springfield, forty- 
two thousand seven hundred and fifty dollars ; Tolland, nine 
hundred and sixty dollars ; "Wales, eight hundred and seventy 
dollars ; Westfield, ten thousand five hundred and sixty 
dollars ; "West Springfield, four thousand one hundred and 
forty dollars ; "W^ilbraham, two thousand nine hundred and 
forty dollars. 

Franklin County. — Ashfield,two thousand and forty dollars ; FrankUn. 
Bernardston, one thousand five hundred and sixty dollars ; 
Buckland, two thousand and ten dollars ; Charlemont, one 
thousand two hundred and ninety dollars ; Colrain, two thou- 
sand one hundred and sixty dollars ; Conway, two thousand 
four hundred dollars ; Deerfield, four thousand one hundred 
and forty dollars ; Erving, six hundred and thirty dollars ; 
Gill, one thousand two hundred and sixty dollars ; Greenfield, 
six thousand dollars ; Hawley, nine hundred dollars ; Heath, 
eight hundred and ten dollars ; Leverett, one thousand and 
twenty dollars ; Leyden, nine hundred dollars ; Monroe, three 
hundred dollars ; Montague, two thousand one hundred dol- 
lars ; New Salem, one thousand two hundred and sixty dol- 
lars ; Northfield, two thousand four hundred and thirty 
dollars ; Orange, two thousand three hundred and ten dollars ; 
Rowe, six hundred and thirty dollars ; Shelburne, two thou- 
sand six hundred and seventy dollars ; Shutesbury, eight hun- 
dred and ten dollars ; Sunderland, one thousand three him- 
dred and eighty dollars ; "Warwick, nine hundred and sixty 
dollars ; "U^endell, seven hundred and twenty dollars ; 
Whately, two thousand one hundred and sixty dollars. 

Berkshire County. — Adams, ten thousand nine hundred and Berkshire, 
eighty dollars ; Alford, one thousand and fifty dollars ; Becket, 
one thousand seven hundred and ten dollars ; Cheshire, two 
thousand three hundred and forty dollars ; Clarksburg, four 
hundred and eighty dollars ; Dalton, two thousand eight 
hundred and eigbty dollars ; Egremont, one thousand eight 
hundred and thirty dollars ; Florida, eight hundred and forty 
dollars ; Great Barrington, six thousand nine hundred and 
thirty dollars ; Hancock, one thousand five hundred dollars ; 
Hinsdale, two thousand five hundred and eighty dollars ; 
Lanesborough, two thousand one hundred and thirty dollars ; 



86 1866.— Chapter 123. 

Lee, five thousand five hundred and twenty dollars ; Lenox, 
two thousand seven hundred dollars ; Monterey, one thou- 
sand and twenty dollars ; Mount Washington, three hundred 
dollars ; New Ashford, three hundred and thirty dollars ; 
New Marlborough, two thousand one hundred and thirty 
dollars ; Otis, one thousand two hundred dollars ; Peru, 
seven hundred and twenty dollars ; Pittsfield, nineteen thou- 
sand four luuidred and forty dollars ; Richmond, one thou- 
sand six hundred and fifty dollars ; Sandisfield, two thousand 
and seventy dollars ; Savoy, one thousand and twenty dollars ; 
Sheffield, three thousand nine hundred and thirty dollars ; 
Stockbridge, three thousand nine hundred and ninety dol- 
lars ; Tyringham, nine hundred and ninety dollars ; Wash- 
ington, nine hundred and ninety dollars ; West Stockbridge, 
two thousand one hundred and sixty dollars ; Williamstown, 
three thousand seven hundred and eighty dollars ; Windsor, 
one thousand and fifty dollars. 

Norfolk. Norfolk County. — Bellingham, one thousand six hundred 

and twenty dollars ; Braintree, five thousand three hundred 
and seventy dollars ; Brookline, thirty-two thousand five 
hundred and fifty dollars ; Canton, six thousand eight hun- 
dred and forty dollars ; Cohasset, three thousand seven hun- 
dred and fifty dollars ; Dedham, fourteen thousand eight 
hundred and eighty dollars ; Dorchester, thirty-five thousand 
eight hundred and twenty dollars ; Dover, one thousand one 
hundred and forty dollars ; Foxborough, four thousand two 
hundred and sixty dollars ; Franklin, three thousand four 
hundred and eighty dollars ; Medfield, one thousand nine 
hundred and eighty dollars ; Medway, four thousand two 
hundred and ninety dollars ; Milton, eleven thousand eight 
hundred and eighty dollars ; Needham, five thousand five 
hundred and eighty dollars ; Quincy, eleven thousand nine 
hundred and ten dollars ; Randolph, nine thousand four 
hundred and eighty dollars ; Roxbury, sixty-eight thousand 
two hundred and twenty dollars ; Sharon, two thousand three 
lumdred and seventy dollars ; Stoughton, six thousand and 
sixty dollars ; Walpole, three thousand six hundred and 
sixty dollars ; West Roxbury, twenty-nine thousand three 
hundred and seventy dollars ; Weymouth, eleven thousand 
eight hundred and fifty dollars ; Wrentham, four thousand 
six hundred and twenty dollars. 

Bristol. Bristol County. — Acushuet, two thousand one hundred 

dollars ; Attleborough, seven thousand six hundred and 
twenty dollars ; Berkley, one thousand one hundred and ten 
dollars ; Dartmouth, seven thousand four hundred and forty 
dollars ; Dighton, two thousand seven hundred dollars ; 



1866.~Chapter 123. 87 

Easton, six thousand one hundred and twenty dollars ; Fair- 
haven, five thousand five hundred and twenty dollars ; Fall 
River, thirty-eight thousand seven hundred and sixty dollars ; 
Freetown, two thousand three hundred and ten dollars ; 
Mansfield, two thousand seven hundred dollars ; New Bed- 
ford, fifty-nine thousand three hundred and ten dollars 
Norton, two thousand eight hundred and twenty dollars 
Raynham, three thousand four hundred and fifty dollars 
Rehoboth, two thousand five hundred and eighty dollars 
Seekonk, one thousand six hundred and twenty dollars 
Somerset, two thousand nine hundred and ten dollars 
Swanzey, two thousand four hundred and sixty dollars 
Taunton, twenty-six thousand five hundred and fifty dollars 
"Westport, four thousand seven hundred and seventy dollars. 

Plymouth County. — Abington, eleven thousand one hun- Plymouth. 
dred and thirty dollars ; Bridgewater, six thousand five 
hundred and forty dollars ; Carver, one thousand five hun- 
dred and ninety dollars ; Duxbury, three thousand five 
hundred and forty dollars ; East Bridgewater, four thousand 
two hundred and sixty dollars ; Halifax, one thousand two 
hundred dollars ; Hanover, two thousand four hundred and 
ninety dollars ; Hanson, one thousand six hundred and twenty 
dollars ; Hingham, seven thousand five hundred and ninety 
dollars ; Hull, four hundred and eighty dollars ; Kingston, 
four thousand and twenty dollars ; Lakeville, one thousand 
nine hundred and twenty dollars ; Marion, one thousand five 
hundred and thirty dollars ; Marshfield, two thousand eight 
hundred and twenty dollars ; Mattapoisett, one thousand nine 
hundred and fifty dollars ; Middleborough, seven thousand 
three hundred and twenty dollars ; North Bridgewater, eight 
thousand one hundred and thirty dollars ; Pembroke, two 
thousand and forty dollars ; Plymouth, ten thousand two 
hundred and thirty dollars ; Plympton, one thousand and 
eighty dollars ; Rochester, one thousand eight hundred and 
ninety dollars ; Scituate, three thousand and ninety dollars ; 
South Scituate, two thousand seven hundred and thirty 
dollars ; AVareham, three thousand two hundred and seventy 
dollars ; West BridgcAvater, three thousand and sixty dollars. 

Barnstable County. — Barnstable, seven thousand four hun- Bamstabie. 
dred and forty dollars ; Brewster, two thousand five hundred 
and twenty dollars ; Chatham, three thousand eight hundred 
and ten dollars ; Dennis, four thousand one hundred and 
forty dollars ; Eastham, eight hundred and seventy dollars ; 
Falmouth, four thousand five hundred dollars ; Harwich, 
three thousand eight hundred and forty dollars; Orleans, two 
thousand one hundred dollars ; Provmcetown, five thousand 



88 



1866.— Chapter 123. 



Dukes. 



Nantacket. 



Recapitulation 
of counties. 



two hundred and twenty dollars ; Sandwich, five thousand 
five hundred and fifty dollars ; Truro, one thousand five 
hundred and sixty dollars ; Wellfleet, two thousand six 
hundred and forty dollars ; Yarmouth, four thousand five 
hundred and sixty dollars. 

Dukes County. — Chilmark, one thousand one hundred 
and forty dollars ; Edgartown, three thousand three hundred 
and ninety dollars ; Gosnold, three hundred and thirty dol- 
lars ; Tisbury, two thousand three hundred and seventy 
dollars. 

Nantucket County. — Nantucket, seven thousand two hun- 
dred and ninety dollars. 

RECAPITULATION. 

Suffolk County, one million forty-four thousand five hun- 
dred and ten dollars; Essex County, two hundred and eighty- 
five thousand seven hundred and fifty dollars ; Middlesex 
County, four hundred and seventy-one thousand six hundred 
and thirty dollars ; Worcester County, two hundred and 
sixty-six thousand one hundred dollars ; Hampshire County, 
sixty-five thousand eight hundred and twenty dollars ; Hamp- 
den County, one hundred and eight thousand four hundred 
and eighty dollars ; Franklin County, forty-four thousand 
eight hundred and fifty dollars ; Berkshire County, ninety 
thousand two hundred and forty dollars ; Norfolk County, 
two hundred and eighty thousand nine hundred and eighty 
dollars ; Bristol County, one hundred and eighty-two thou- 
sand eight hundred and fifty dollars ; Plymouth County, 
ninety-five thousand five hundred and twenty dollars ; Barn- 
stable County, forty-eight thousand seven hundred and fifty 
dollars ; Dukes County, seven thousand two hundred and 
thirty dollars ; Nantucket County, seven thousand two hun- 
dred and ninety dollars. 

Treasurer to SECTION 2. Thc trcasurcr of tlic Commonwealtli shall forth- 

i8«ue warrants. ^.^^^ ^^^^^ j^-^ ^y^rraut, 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. Tlic trcasurcr, iu liis said warrant, shall require 

wal^ntsTy °^ tlic Said sclcctmen or assessors to pay, or to issue their severai 

towns and cities warrant or warrants requiring the treasurers of their several 

ff>r payment to x • i /• i i-^ 11 

State treasurer, citics or towus to pay, to said trcasurcr 01 the Commonwealtli, 



1866.— Chapter 124. 89 

on or before the first day of December, in tlie year one thou- 
sand eiglit hundred and sixty-six, the sums set against said 
cities or towns in the schedule aforesaid ; and the selectmen Names of treasur- 
or assessors, respectively, shall return a certificate of the required, to be 
names of such treasurers, with the sum which each may be ™'"'^'"^- 
required to collect, to the said treasurer of the Commonwealth, 
at some time before the first day of October next. 

Section 4. If the amount due from any city or town, as Treasure^ of 
provided in this act, is not paid to the treasurer of the Com- to notify in case 
monwealth within the time specified, then the said treasurer °^ deimcLuency. 
shall notify tbe treasurer of said delinquent city or town, who 
shall pay into the treasury of the Commonwealth, in addition 
to the tax, such further sum as would be equal to one per 
centum per month during such delinquency, dating on and 
after the first day of December next ; and if the same remains 
unpaid after the first day of January next, an information may 
be filed by the treasurer of the Commonwealth, 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 April 7, 1866. 



Chap. 124 



An Act to establish certain harbok lines in the harbor of 

gloucester. 
Be it enacted^ Sfc, as follows : 

Section 1. No wharf, pier or other structure in Glouces- Extension of 
ter, in the county of Essex, shall ever hereafter be extended certain line for- 
into and over the tide waters of said harbor, beyond the lines «''" P'^'"^i*'''«i- 
, hereinafter described. 

Section 2. The harbor line begins at a point in said Harbor unes 
Gloucester harbor, south fifteen degrees thirty minutes west 
of the north-west corner of Canal and Pond streets, and three 
hundred and fifty-three feet therefrom, and is marked H, L., 
on tbe commissioners' map of Gloucester harbor, dated October 
eighteen hundred and sixty-five ; thence running due east 
one hundred and ten feet ; thence running easterly and 
southerly on an arc of a circle of eleven hundred feet radius, 
a distance of eight hundred and forty-five feet to a point six 
hundred and ten feet distant from the south-westerly side of 
Commercial street, and perpendicular thereto ; thence in a 
straight line south-easterly four hundred and twelve feet to a 
point two hundred and sixty-four feet distant from the stone 

19 



90 ] 866.— Chapter 124 

monument A placed by said commissioners ; thence easterly 
and northerly on an arc of a circle of ninety-seven feet radius, 
a distance of one hundred and fifty-one feet to a point two 
hundred and twenty-six feet distant from said monument A ; 
thence in a straight line north-easterly six hundred and thir- 
teen feet to a corner of the present wharf of G. H. Rogers ; 
thence in a straight line north-easterly two hundred and 
eighty-one feet to a corner of the present wharf of G. H. 
Rogers ; thence in a straight line north-easterly one hundred 
and forty-one feet to the north-easterly corner of the present 
"wharf of G. H. Rogers ; thence north-westerly in a straight 
line one hundred and fourteen feet to a point one hundred 
and fifty-one feet distant from the stone bulkhead and per- 
pendicular thereto ; thence in a straight line north-westerly 
one hundred and eleven feet to a point one hundred and 
thirty feet distant from the stone bulkhead and perpendicular 
thereto ; thence in a straight line north-westerly one hundred 
and ninety-one feet to the north-west corner of the present 
wharf of Pettingill and Cunningham ; thence in a straight 
line north-westerly two hundred and ninety-two feet to the 
north-west corner of the present wharf of J. 0. Procter; 
thence in a straight line north-westerly one hundred and 
eighty-seven feet to the north-west corner of the present 
w^harf of F. E. Riggs and Company ; thence in a straight 
line north-westerly eighty-six feet to a point three hundred 
and forty-four feet distant from the north-east corner of Com- 
mercial and Beach streets ; thence in a straight line northerly 
seventy feet to a point three hundred and fifty-two feet dis- 
tant from the south-easterly side of Front street, at a point 
. seventy-five feet from the south-west corner of said street ; 

thence in a straight line north-easterly fifty feet to a point 
three hundred and thirty-three feet distant from the south- 
easterly side of Front street at a point one hundred and forty- 
five feet distant from tlie south-westerly corner of said street ; 
thence in a straight line easterly one hundred and thirty -three 
feet to the south-west corner of the present wharf of J. Mans- 
field and Sons ; thence in a straight line north-easterly three 
hundred and eighty feet to a point two hundred and ninety- 
six feet distant from the southerly side of Rogers street, and 
perpendicular thereto ; thence easterly in a straight line one 
hundred and three feet to the south-westerly corner of the 
present wharf of J. Somes ; thence north-easterly along the 
head of the present wharf of J. Somes thirty-six feet ; thence 
in a straight line south-easterly two hundred and three feet 
to the south-west corner of the present wharf of W. P. 
DoUiver ; thence south-easterly along the head of the present 



1866.— Chapter 12-4. 91 

wharf of W. P. Dolliver, eighty-five feet six inches ; thence 
south-easterly in a straight line ninety-three feet to the south- 
west corner of the present wharf of R. Fears ; thence in a 
straight line south-easterly three hundred and sixty -eight feet 
to a point four hundred and eight feet distant from the centre 
of the gasometer ; thence running south-easterly and easterly 
on an arc of a circle of two hundred feet radius a aistance of 
two hundred and fourteen feet to a point three hundred and 
fifty-five feet distant from the centre of the gasometer ; thence 
in a straight line north-easterly one hundred and thirty-seven 
feet to the south-west corner of the first of the present three 
marine railway wharves of D. Parkhurst ; thence north-east- 
erly in a straight line forty-four feet to the south-west corner 
of the second of the present three marine railway wharves of 
D. Parkhurst ; thence running north-easterly and northerly on 
an arc of a circle of three hundred and eight feet radius a 
distance of three hundred and eighty-five feet to a point 
three hundred and eight feet distant from the centre of the 
gasometer ; thence in a straight line northerly one hundred 
and eighty-two feet to a point in the north-easterly side of 
"Water street, produced, and nine hundred and thirty-three 
feet distant from the north-easterly corner of Water and 
Spring streets ; thence running northerly and- north-easterly 
on an arc of a circle of six hundred and twenty-eight feet 
radius, a distance of tliree hundred and thirty-three feet to a 
point one hundred and fifty-eight feet distant from the south- 
west corner of the present stone bulkhead of J. Low, junior's 
wharf ; thence in a straight line north-easterly two hundred 
and eight feet to a point one hundred and sixty-eight feet 
distant from the north-east corner of the present stone bulk- 
head of J. Low, junior's wharf; thence in a straight line 
north-easterly four hundred and sixty-six feet to the south- 
east corner of the present wharf of Ch. Friend and Company ; 
thence in a straight line north-easterly two hundred and 
eighty-five feet to the south-east corner of the present wharf 
of S. W. Brown ; thence in a straight line north-easterly 
eight hundred and twenty-four feet to a point three hundred 
and fifty-four feet distant from the south-easterly side of 
Jackson street, and perpendicular thereto ; thence in a 
straight line north-easterly three hundred and seventy-nine 
feet to a point three hundred and one feet distant from 
monument B ; thence running easterly and southerly on an 
arc of a circle of one hundred and sixty feet radius a dis- 
tance of four hundred and twenty-five feet to a point three 
hundred and ninety feet distant from monument C ; thence 
south-westerly in a straight line fifty-six feet to a point three 



92 1866.— Chapter 124. 

hundred and eighty-seven feet from monument C ; thence 
running south-westerly and soutlierly on an arc of a circle of 
two hundred and thirteen feet radius a distance of two hun- 
dred and thirty-one feet to a point three hundred and sixty- 
three feet distant from monument C ; thence south-easterly 
in a straight line eighty-four feet to a point three hun- 
dred and forty-eight feet distant from monument C ; 
thence running south-easterly on an arc of a circle of 
three hundred and thirty-four feet radius a distance 
of two hundred and six feet to a point three hundred and 
thirty-four feet distant from monument C ; thence running 
south-easterly, southerly and south-westerly on an arc of a 
circle of four hundred and fifty-four feet radius a distance of 
seven hundred and ninety-one feet to a point five hundred 
and eighteen feet distant from the north-east corner of the 
engine-house number six, on the East Gloucester road ; 
thence in a straight line south-westerly nine hundred and 
ten feet to a point three hundred and seventy-five feet dis- 
tant from monument D ; thence in a straight line south- 
westerly one hundred and eighty-six feet to a point four 
hundred and nineteen feet distant from monument D ; thence 
running south-westerly and southerly on an arc of a circle of 
two hundred and sixty-six feet radius a distance of two 
hundred and fifty feet to a point four hundred and fifty-seveu 
feet distant from monument D ; thence in a straight line 
south-easterly three hundred feet to the south-west corner of 
the present wharf of S. Wonson ; thence running southerly 
and south-westerly on an arc of a circle of two hundred and 
sixty-seven feet radius a distance of two hundred and ninety- 
three feet to a point three hundred and fifty-nine feet distant 
from the westerly side of the present East Gloucester road ; 
thence in a straight line south-westerly two hundred and 
ninety-four feet to the south-westerly corner of the present 
wharf of J. F. Wonson ; thence in a straight line south- 
westerly seven hundred and thirty feet to a point three 
hundred and fifty feet distant from the westerly side of the 
present East Gloucester road ; thence running south-westerly, 
westerly and north-westerly on an arc of a circle of two hun- 
dred and five feet radius a distance of six hundred and forty- 
four feet to a point two hundred feet distant from the easterly 
side of the present road on Rocky Neck near high-water line ; 
thence in a straight line north-easterly eight hundred and 
forty-three feet to the south-east corner of the southerly of 
the three marine railway wharves of Dodd and Tarr ; thence 
northerly in a straight line one hundred and ten feet to the 
north-east corner of the northerly of the three marine railway 



1866.— Chapter 124. 93 

wharves of Dodd and Tarr ; thence in a straight line north- 
westerly two hundred and eighty-nine feet to a point ond 
hundred and forty feet distant from monument E ; thence in 
a straight line westerly four hundred and thirty feet to a 
point three hundred and seventeen feet distant from monu- 
ment F ; thence running south-westerly on an arc of a circle 
of three hundred and seventeen feet radius a distance of two 
hundred and six feet to a point three hundred and seventeen 
feet distant from monument F ; thence in a straight line 
south-westerly foiir hundred feet to a point two hundred and 
ninety -nine feet distant from the foundation of D. Tarr's 
dwelling-house ; thence running south-westerly on an arc of 
a circle of eight hundred and forty feet radius a distance of 
three hundred and forty-one feet to a point three hundred 
and forty feet distant from monument G ; thence in a straight 
line south-westerly five hundred and sixty-five feet to a point 
thirty feet north of the iron beacon; thence running soutlierly 
and south-easterly on an arc of a circle of thirty-four feet 
radius a distance of ninety-two feet to a point forty feet 
distant from the iron beacon ; thence in a straight line south- 
easterly two hundred and seventy-five feet to a point three 
hundred and ninety feet distant from monument G ; thence 
running south-easterly and southerly on an arc of a circle of 
one hundred and fifty-five feet radius a distance of two hun- 
dred and five feet to a point three hundred and eighty-foiir 
feet distant from monument G ; thence in a straight line 
southerly five hundred and seventy feet to a point four hun- 
dred and seven feet distant from the extreme southerly point 
of Rocky Neck ; thence running southerly and south-westerly 
on an arc of a circle of one hundred and fifty-eight feet radius 
a distance of two hundred and nine feet to a point five him- 
dred feet distant from the extreme southerly point of Rocky 
Neck ; thence in a straight line south-westerly seven hundred 
and ninety-seven feet to a point two hundred and ninety- 
seven feet north from high-water line of Ten Pound Island, at 
a point four hundred and seventy-five feet distant east from 
the centre of Ten Pound Island Light ; thence running south- 
westerly on an arc of a circle of twelve hundred and thirty 
feet radius a distance of eight hundred and fifty feet to a 
point three hundred and four feet west of the centre of Ten 
Pound Island Light House. 

Section 3. The line around Five Pound Island begins at rive Pound 
the north-east corner of the present northerly wharf, running deOnei."'^ 
in a straight line south-westerly four hundred and sixty-six 
feet to a point twenty feet distant from the Five Pound Island 
beacon ; thence running southerly and south-easterly on an 



94 1866.— Chapters 125, 126. 

arc of a circle of twenty-eiglit feet radius a distance of fifty- 
two feet to a point forty-two feet distant from Five Pound 
Island beacon ; thence running south-easterly, easterly and 
north-easterly on an arc of a circle of three hundred and 
ninety feet radius a distance of six hundred and four feet to 
a point four hundred and thirty-six feet distant from the 
north-east corner of the present northerly wharf ; thence in a 
straight line north-easterly one hundred and six feet to a 
point four hundred and thirty feet distant from the north-east 
corner of the present northerly wharf; thence running north- 
erly, westerly and south-westerly on an arc of a circle of two 
hundred and fifteen feet radius a distan6e of six hundred 
and seventy-five feet to the point of beginning. 
Act not to Section 4. Nothing contained in this act shall be cou- 

ture in harbor, strued to give authority to any person to extend or construct 

a wharf or pier or other structure in said harbor. 
Construction of SECTION 5. Tliis act sliall not be construed to affect or 
be deemed revo- ackuowledgc thc Icgal riglits of any person or corporation to 
grant°s°^*'*'^**"^ set up any structure in Gloucester harbor, nor to continue 
any grant lieretofore made, but shall be held to revoke any 
license to do any act therein which by law is revocable. 
Section 6. This act shall take effect upon its passage. 

Approved April 7, 1866. 

Chap. 125 -A^N Act to confirm certain acts done by barnabas lotiirop as 

justice of the pkace. 
Be it enacted, &;c., as follows : 
Acts from 20th jW\ acts douc by Barnabas Lothrop, of Randolph, in the 
Dec'.', 1865, con- county of Norfork, as a justice of tlie peace within and for 
*""**^" said county of Norfolk, between the twentieth day of Decem- 

ber in the year one thousand eight hundred and fifty-nine, 
and the first day of December in the year one thousand eight 
hundred and sixty-five, are hereby made valid and confirmed 
to the same extent as they would have been valid, had he 
been during that interval, duly qualified to discharge the 
duties of the said office. Approved April 7, 1866. 

Chap. 126 -A^N Act to unite the passenger stations of the western rail- 

ROAD CORPORATION AND THE STOCKBRIDGE AND PITTSFIELD RAIL- 
ROAD corporation in the TOWN OF PITTSFIELD, AND TO CHANGE 
THE LOCATION OF WEST STREET, IN SAID TOWN, FOR THAT PURPOSE. 

Be it enacted, Sj'c, as follows : 
County commia- SECTION 1. The county commissioncrs of Berkshire couiity 
t«r°"ue noticej arc hereby authorized and directed, within one year from the 
streefto^sun- passagc of this act, under their jurisdiction over highways 
co" o^t^onr*'** crossing railroads, after due notice to all parties, as required 

by the statute, to change the location of West Street, in the 



1866.— Chapter 126. 95 

town of Pittslield, so that the same may pass under the tracks 
of the Western RaUroad Corporation and the Stockbridge and 
Pittsfield RaUroad Corporation, commencing at a point in the 
south line of said street and in the north line of land of James 
Buel or Jason Clapp, and running thence in a south-westerly, 
westerly and north-westerly course by a circuitous line, passing 
under said tracks, until it reaches the south line of said street 
at some convenient point on the westerly declivity of Julnlee 
Hill, so called ; said alteration to be located in the most suit- 
able place for the convenience and safety of the public travel, 
with reference also to the cost of constructing the same. 

Section 2. The expense of constructing said alterations, construction ex- 
and damages to land owners, shall be paid by said railroad damages?*^ how'^ 
corporations in the manner hereinafter provided ; and such ^''^^^^^^ *"* 
damages shall, upon the application of either party, be estim- 
ated by the commissioners in the manner provided in laying 
out highways. 

Section 3. Said county commissioners are hereby author- commissioners, 
ized and directed, on the completion of said alterations, to work°'"may"'di8- 
discontinue said West Street where it now crosses the loca- tioM^of west 
tion of said Western Railroad, with the bridge at said cross- street, 
ing, and also so much more of said street lying between the 
east and west terminations of said alterations as may seem to 
them desirable ; the damages occasioned by such discontinu- 
ance to be estimated and paid in the manner provided upon 
the discontinuance of highways. 

Section 4. The land damages and expenses of the altera- Land damages 
tions and discontinuance named in the foregoing sections shall how pl^d!"^^^^' 
be paid by the said railroad corporations in such proportions 
as may be determined, on notice and hearing by said county 
commissioners, unless said corporations shall agree upon the 
proportion to be paid by each. 

Section 5. Said railroad corporations are hereby author- corporations 
ized and required to unite their passenger stations, in the 8eng«r"tation^sTn 
village of Pittsfield, in one passenger house, convenient as to ^'"^^^''^ ^"'■^5«- 
size and location for the accommodation of the passenger 
traffic of both said roads and of the Pittsfield and North 
Adams Railroad ; the same to be erected on the line of said 
Western Railroad at the point where West Street now crosses 
the Western Railroad ; and said Western Railroad Corpora- western corpora- 
tion is hereby authorized to take such land outside of its oursidmnd for 
present location as said corporation shall deem necessary for «'*"'"»• 
the erection of said passenger house and proper approaches 
thereto, under the provisions of the statutes authorizing rail- 
road corporations to take land for the construction of their 
roads. 



to be made. 



96 1866.— Chapters 127, 128. 

station house to SECTION 6. Said passengGF house shall be erected and 
glid'cMporauon^ kcpt ill repair at the sole expense of the Western Railroad 
t'^cks'^brcom'^ Corporation; but the. expense of any additional tracks 
pany using. required for approaching the same shall be paid by the cor- 
porations respectively for wliose use they are constructed. 
Western corpora- Said passeiigcr statioii shall be subject to the control and 
bridge and Pitts- regulation of tlic Said Western Railroad Corporation, and 
fotntiy? formed shall bc occupicd joiiitly for the accommodation of the pas- 
lattertorenT*^ scngcr traffic of both said railroads ; said Stockbridge and 
Pittsfield Railroad yielding and paying therefor a reasonable 
rent for such occupation, wliich, if not agreed upon by the 
parties, shall be determined by arbitrators, mutually agreed 
on by them. 
Aiterations,when SECTION 7. The alterations and improvements required 

♦ ft Ka mofla 11» Till 11 •! • * 

by this act shall be constructed by said corporations as soon 
as practicable after the same shall have been ordered by said 
county commissioners, and completed within three years from 
the passage of this act. 

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

Approved April 7, 1866. 

Chan, 127 -^^ -^^^ ^^ AUTHORIZE THE BOSTON AND MAINE RAILROAD CORPORA- 
^* TION TO CHANGE ITS PASSENGER DEPOT IN SOUTH LAWRENCE. 

Be it enacted, §t., a.s" follows : 

Section 1. The Boston and Maine Railroad Corporation is 
hereby authorized and permitted to abandon its passenger 
station or depot on its road in that part of the city of Law- 
rence called South Lawrence, and to locate, construct and 
maintain a passenger station or depot on a tract of land now 
owned by said corporation, between Andover street and the 
location of the Lowell and Lawrence Railroad Corporation, in 
said South Lawrence. 

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

Approved April 7, 1866. 
Chap, 128 An Act to change the location of the pittsfield and north 

■'■ ADAMS RAILROAD. 

Be it enacted, §'c., as follows : 
May change in SECTION 1. The Pittsficld and North Adams Railroad 
Lanesborough. Corporatioii is liorcby authorized and empowered to change 
the location of a portion of its road, lying in the towns of 
Cheshire and Lanesborough, by locating and constructing its 
railroad around and by tlie east side of the reservoir, which 
is now in process of construction or to be constructed by 
Levi L. Brown and others ; said railroad to be laid in such 
manner and over sucli lands as the directors of said corpora- 
tion may deem expedient. 



1866.— Chapters 129, 130. 97 

Section 2. Said corporation may discontinue that part May discontinue 

«• 1 1 • -r • 1-11 1 -11 P^''' <'f present 

of its present road which is rendered useless by said change road. 
of location. 

Section 3. In locating, constructino; and maintaining; the corporate rights 

. c>' o 1 n 1 11 and liabilities. 

ranroad hereby authorized, said corporation shall nave all 
the rights and privileges, and be subject to all the liabilities 
and restrictions given or imposed by their charter, or by any 
laws which now are or may hereafter be in force in relation 
to railroads. 

Section 4. All persons who shall sustain any damage in Damages, how 
their property by said change of location, shall have all the '^^"*' 
remedies provided by law for persons whose lands or other 
property is taken for the location and construction of rail- 
roads. 

Section 5. Such changes as are made under the provisions Notice of change 
of the first section of this act shall be filed in the clerk's office county clerk's 
of the county of Berkshire within one year from the time ""'*"'■ 
they are made. 

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

Approved April 7, 1866. 

An Act to increase the capital stock of the boston lead QJiap, 129 

COMPANY. ■* * 

Be it enaclr.J, §'c., as follows : 

Section 1. The Boston Lead Company is hereby author- May increase 
ized to add to its capital stock two hundred and fifty thou- hoiaWestate. 
sand dollars, divided into shares of one thousand dollars each, 
and to hold real estate necessary and convenient for its busi- 
ness to an amount not exceeding in all three hundred and 
fifty thousand dollars. 

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

Approved April 7, 1866. 



An Act to increase the capital stock of the Glasgow 

COMPANY. 



Chap. 130 



Be it enacted, ^r., as follows : 

Section 1. The Glasgow Company, a corporation estab- May increase 

,. 1 -1 . o ;i TT Ji -1 1 i.1 • J X • -x *150,000,and 

lislied in South Hadley, is hereby authorized to increase its hoid i«ai estate, 
capital stock one hundred and fifty thousand dollars, the 
same to be divided into shares of one hundred dollars each, 
and to hold real estate necessary and convenient for its busi- 
ness, to an amount not exceeding three hundred and fifty 
thousand dollars. 

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

Approved April 7, 1866. 
20 



98 1S66.— Chapters 131, 132. 

Chap. 131 -"^^^ ^CT TO AMEND AN ACT TO INCORPORATE AVEST'S BEACH 

CORPORATION. 

Be it enacted, ^'c, as follows: 

teAsT.'amendtd! SECTION 1, The 0116 huiidred and fifty-seveutli chapter of 
the acts of the year eighteen hundred and fifty-two, is hereby 
amended as follows ; by striking out from said act the fifth 
and eighth sections, and inserting instead thereof, as section 
five of said act, the following : 

xMembers legal u ^\\ legal votcrs incliidcd as members of said corporation 

TOters; assess- i n i t i i .« n n 11 

ment liability, shaii DC nable to ail uiuiorm assessment oi one dollar and 
Expenditures, in- twcnty-fivc ccuts cacli ; and such further expenditure as may 

cidental, assess- , *' , ,i n i • ^ • 

ments for to be DC ncccssary to KCcp tlic Wall and causeway m good repair, 
pro rata of bene- ^^^^ ^^^ incidental cxpcnscs, shall be assessed upon the mem- 
bers of said corporation by the directors thereof, in proportion 
to the benefits they respectively receive from said beach. 
^fherlhaudebar ^^^^ '^^ ^^^7 i^ember shall neglect or refuse to pay the said 
from privileges uiiifomi asscssmeiit, or to contribute his proportion assessed 
co° ts. ^'^' ' ^' as aforesaid, on demand, he shall be debarred from all privi- 
leges granted by said act, until he shall have paid to the 
treasurer of said corporation the amount of all such unpaid 
assessments due from him, with interest, and all costs and 
expenses consequent upon his delinquency : " and by 
substituting as section eight of said act the following : 
weed"no^^V^be* " "'^^ member of this corporation shall transfer his right to 
transferred. take scawccd from Said beach, but said beach shall be and 
forever remain for the use of the present and future residents 
within the limits designated in the first section of said act ; 
No material to be nor sliall aiiy mciiiber sell, convey or deliver any sand or 
move on un- ggr^^^ee^-j from Said beach, to be removed outside the limits of 
said corporation, and no seaweed or other material shall be 
gathered upon or removed from said beach on the Lord's 
day, under a penalty of ten dollars for each offence." 
Section 2. This act shall take effect upon its passage. 

Approved April 7, 1866. 

Chap. 132 An Act to authorize david smith to build a wharf in 

provincetown. 

Be it enacted, ^'c, as follows : 

^"V^^'iand'^^in SECTION 1. David Smith, owner of land and flats in 
harbor. Provincctown, is hereby authorized to build and maintain a 

wharf in the harbor of Provincetown, adjacent to his land 
aforesaid, and extending to low-water mark in said harbor, 
with a right to lay vessels at the end and sides of said wharf, 
.Provisos. and receive wharfage and dockage therefor : provided, how- 

ever, that said wharf shall be built under the direction of the 
harbor commissioners, and if a commissioners' line shall be 



1866.— Chapters 133, 134, 135. 99 

hereafter duly established in said harbor, 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. 

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

Approved April 7, 1866. 

Ax Act to authorize coleman studley to build a wharf in CJiClJ). 133 

DENNIS. -^ * 

Be it enacted, SjX., as follows: 

Section 1. Coleman Studley, owner of land in Dennis, May bmid upon 
upon Bass river, is hereby authorized to build and maintain 
a wharf adjacent to his land aforesaid, and to extend the 
same into said river until it reaches a depth of six feet of 
water at full tide, with a right to lay vessels at the end and 
sides of said wharf, and to receive wharfage and dockage 
therefor : provided, Jioivever, that said wharf shall be built Provisos. 
under the direction of the harbor commissioners, and if a 
commissioners' line shall be hereafter established in said 
river, 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. 

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

Approved April 7, 1866. 
An Act to amend an act to incorporate the master, wardens QJiqjj 1 34 

AND members of THE GRAND LODGE OF MASONS IN MASSACHU- ^ ' 

setts. 
Be it enacted, ^-c, as folloios : 

■ The master, wardens and members of the grand lodge of i^^^y receive and 
masons in Massachusetts^ a corporation duly established by reai estate in Bos- 
law, are hereby authorized to take by purchase, gift, grant or *'"'■ 
otherwise, and hold, real estate in the city of Boston to an 
amount not exceeding in value three hundred thousand dol- 
lars, in addition to the amount authorized by the second 
section of the seventy-third chapter of the acts of the year 
one thousand eight hundred and fifty-nine, for the purposes 
in said chapter specified. Approved April 7, 1866. 

An Act to incorporate the commonwealth hotel company of nhmj l 35 

THE COUNTY OF SUFFOLK. -» * 

Be it enacted, ^'c, as follows : 

Section 1. George M. Gibson, Charles L. Hancock, corporators. 
Robert M. Pratt, their associates and successors, are hereby 
made a corporation, by the name of the Commonwealth Hotel Titie. 
Company of the county of Suffolk, for the purpose of erecting Purpose. 
a public house, to be located in the city of Boston, and main- 
taining such public house, with the buildings and improve 



100 



1866.— Chapters 136, 137. 



Privileges and 
restrictions. 



ProTiso. 



Capital stock. 

Shares. 

Estate. 



meiits connected therewith ; with all the powers and privi- 
leges, and subject to all the duties, liabilities and restrictions 
contained in all general laws which now are or may hereafter 
be in force, and applicable to such corporations : provided, 
however, that said corporation shall not carry on the business 
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 two million dollars, and shall be divided into shares 
of one hundred dollars each ; and said corporation may hold 
real and personal estate to the value of two million dollars, 
for the purposes mentioned in the first section. 

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

Approved April 7, 1866. 
Chap. 136 An Act to incorporate theicenoza riding park association in 

HAVERHILL. 

Be it enacted, cVc, as follows : 

Section 1. John Gardner, Alvah S. Shedd and Albert L. 
Kimball, their associates and successors, are hereby made a 
corporation, by the name of the Kenoza Riding Park Associa- 
tion, for the purpose of establishing and maintaining in the 
town of Haverhill, a riding park ; with all the powers and 
privileges, and subject to all the duties, liabilities and restric- 
tions set forth in all general laws which now are or hereafter 
may be in force relative to such corporations. 

Section 2. Said corporation may hold such real and per- 
sonal estate as may be necessary and convenient for the 
purpose aforesaid, not exceeding in value ten thousand 
dollars. 

Section 3. The capital stock of said corporation shall not 
exceed ten thousand dollars, divided into shares of fifty 
dollars each. 

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

Approved April 7, 1866. 



Corporators. 



Title. 
Purpose. 



Privileges and 
restrictions. 



May hold estate. 



Capital stock 
and shares. 



Chap. 137 



Corporators. 



Privileges and 
restrictions. 



An Act to incorporate the boston and cuba steam-ship 

COMPANY. 

Be it enacted, ^'c, as follows: 

Section 1. George H. Gray, William Perkins, William H. 
Kinsman, their associates and successors, are hereby made a 
corporation by the name of the Boston and Cuba Steam-ship 
Company ; with all the powers and privileges, and subject to 
all the duties, liabilities and restrictions, set forth in the 
general laws which now are or may hereafter be in force 
relative to such corporations. 



1S66.— Chapter 138. 101 

Section 2. The said company are hereby authorized and May ^^^.^j^^p^^ 
empowered to build, purchase, charter, hold and convey charter same, 
steam-ships, and navigate the ocean therewith, between the ^* '"" 
city of Boston, and any port or ports in the island of Cuba, 
for the transportation of passengers and merchandise ; and 
said company may let by charter, one or more of their steam- • 

ships to any person, provided such charter does not prevent 
said company from complying with the terms of this act : 
and said company may also, by charter, let any or all of their May let to united 
steam-ships to the United States of America, without any restriction of ser- 
restriction as to the service in which said vessels may be '"^®' 
employed. 

Section 3. The capital stock of said corporation shall not Capital stock. 
exceed one million five hundred thousand dollars, and shall 
be divided into shares of the par value of one hundred dol- ^'^*"^- 
lars each ; and said corporation shall have power to assess, May assess not 

' i A y exceeding par 

irom time to time, upon such shares, such sums as may be value, 
deemed necessary to accomplish the object of said corporation, 
not exceeding the par value of such shares. 

Section 4. If said corporation shall not, within one year Jj^jf""? Tct^ ^*' 
from the passage hereof, have been organized, and have col- 
lected assessments of not less than ten per cent, on the capital 
stock, and shall not within one year from the passage of this 
act have employed two steam-ships to navigate the ocean 
between the ports before mentioned ; or if said company 
shall thereafter wholly fail, unless prevented by war with 
foreign powers, for the period of one year to employ one 
steam-ship for said purposes, or if said company shall fail to 
comply with the other conditions of this act, then this act 
shall be null and void. 

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

Approved April 7, 1866. 
Ax Act concerning the registry and return of marriages, Chap. 138 

BIRTHS AND DEATHS. 

Be it enacted, Sj-c, as follows : 

Section 1. The clerk of each city and town, except in Fee^ of cierk, ot 

,. .•' 1111 registrar, of city 

such Cities and towns as choose a registrar, under the eleventh or town for eer- 
section of the twenty-first chapter of the General Statutes, in Ind ret^ning"^ 
which cases the provisions of this act shall apply to the regis- ^^^^' defined. 
trar, for receiving or obtaining, recording, indexing and 
returning the facts relating to marriages, births and deaths 
occurring therein, shall be entitled to receive therefrom the 
sums following, viz. : for each marriage, fifteen cents ; for 
each birth, thirty cents ; for each death returned to him by 
the persons specified in sections two-, three and four of chap- 



102 1866.— Chapters 139, 140. 

ter twenty-one of the General Statutes, twenty cents for each 
of the first twenty entries, and ten cents for each subsequent 
entry ; for eacli death not so returned, but by him obtained 
and recorded, twenty cents. 
Repeal- Section 2. Chapter ninety-six of the acts of the year 

• eighteen hundred and sixty-five, and so much of section 

seven of the twenty-first chapter of tlie General Statutes as is 
inconsistent herewith, are hereby repealed. 

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

Approved April 7, 1866. 

Chap. 139 Ax Act IX addition to the several acts authorizing the pay- 
ment OF BOUNTIES TO VOLUNTEERS. 

Be it enacted, §'c., as follows : 
Soldiers perma- SECTION 1. Scction ouc of chapter eighty-four of the acts 

nently disabled . '^ . ••ii/^« *j. 

in eerrice, but ot thc year eighteen hundred and sixty-six, entitled " An Act 
to'have bo^unty!^' iu addition to the several Acts authorizing the Payment of 
Bounties to Volunteers," is hereby so far amended as to 
include soldiers who at the time of their discharge were 
permanently disabled by reason of wounds received or disease 
contracted in the service while in their line of duty, although 
their discharge was not on account of such disability. 
Section 2. This act shall take effect upon its passage. 

Approved April 12, 1866. 
Chap. 140 An Act to incorporate the barnstable and hyannis mutual 

FIRE insurance COMPANY. 

Be it enacted, ^'c, as follows : 
Corporators. SECTION 1. Sylvaiius B. Phiniicy, Joseph R. Hall, Alex- 

ander Baxter, their associates and successors, are hereby 
Title. made a corporation, by the name of the Barnstable and Hyan- 

nis Mutual Fire Insurance Company, to be established in the 
Location. towii of Bamstablc, for the purpose of effecting mutual insur- 

purpose. ance upon dwelling-houses, other buildings and personal 

Privileges and propcrty against loss or damage by fire ; 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. 
Issue of policies, SECTION 2. Said Corporation may issue policies of insur- 
dent. ance, whenever the sum of fifty thousand dollars has been 

subscribed, paid in and invested according to the thirtieth 
and thirty-first sections of the fifty-eighth chapter of the 
General Statutes. 
Section 3. This act shall take effect upon its passage. 

Approved April 12, 1866. 



restrictions. 



1866.— Chapters Ul, 142. 103 

An Act concerning the Connecticut river railroad company. Chap. 141 

Be it enacted, cVc, as follows : 

Section 1. The Connecticut River Railroad Company is May construct 
hereby authorized and empowered, subject to the provisions branchrro"i*.'° 
of all general laws which now are or hereafter may be in 
force, to locate, construct, maintain and use one or more 
branch railroads, commencing at convenient points on their 
main line and in the town of Holyoke and extending to man- 
ufacturing and mechanical establishments not more than one 
mile distant from their road. 

Section 2. Said corporation is hereby authorized and J^«y ^"""^ p"^"« 

.i . .,.•' ., Ti'T foot-walk at Wil- 

empowered to erect, m connection with its railroad bridge Hmanset, and 
across the Connecticut river at Willimanset, a walk for the raterof toii. '° 
common use of foot passengers, to be not less than four feet 
wide and well planked, and to have a good and sufficient 
hand rail to secure the safety of passengers travelling thereon : 
and also to demand and receive the same rates of toll, sub- 
ject to the same regulations and reduction, as is provided by 
law in relation to the proprietors of the Northampton Bridge. 

Section 3. Said company may increase its capital stock May increase 
by adding thereto a sum not exceeding one hundred thousand ^^^^ 
dollars, to be divided into shares of one hundred dollars each. 

Approved April 12, 1866. 

An Act concerning the boston, hartford and erie railroad (Jfidy)^ 142 

company. ■'■ ' ^ 

Be it enacted, Sj'c, as follows : 

Section 1. The proceedings of the Boston, Hartford and conveyance, in 
Erie Railroad Company, whereby, by indenture dated March "usteer* of 
nineteenth, eighteen hundred and sixty-six, they conveyed confirae'd.'^' 
their railroad and property in mortgage to Robert H. Berdell, 
Dudley S. Gregory and John C. Bancroft Davis, trustees of 
the bondholders in said mortgage mentioned, to secure the 
holders of said bonds the payment of the same, are hereby 
ratified and confirmed. 

Section 2. Whenever, and as soon as any bonds author- upon issue or 
ized to be issued under said indenture shall be created, issued, dentureThoidere 
negotiated and sold, the holders of the six per cent, bonds "[VstonTnl 
issued by the Boston and New York Central Railroad Com- New York cen- 

. TT-«ri ^ • ^ *™' ^nd New 

pony, secured by their mortgage dated March seventh, in the York and Boston 
year eighteen hundred and fifty-four, and the holders of the ha^e^Two"' y^s 
six per cent, bonds and mortgage notes, issued by the New ^°^ exchange. 
York and Boston Railroad Company, and secured by their 
mortgage dated December thirtieth, in the year eighteen 
hundred and sixty-two, and each of them shall have the right 
within two years from the time when any of said bonds under 
said indenture shall be created, issued, negotiated and sold, 



10-i 



1866.— Chapter 143. 



Conditions of 
transfer. 



Holders of Bos- 
ton, Hartford 
and Erie bonds 
may exchange 
same for new 
issue. 



to exchange their said bonds or mortgage notes for the bonds 
to be issued under said indenture, upon the following terms, 
to wit : iipon the surrender to the Boston, Hartford and Erie 
Railroad Company of the said bonds of the Boston and New 
York Central Railroad Company, or of the said bonds or 
mortgage notes of the New York and Boston Railroad Com- 
pany, in sums of not less than one thousand dollars, with all 
the mipaid coupons, the said Boston, Hartford and Erie Rail- 
road Company shall give in exchange a seven per cent. 
Boston, Hartford and Erie Railroad bond for one thousand 
dollars, to be issued under said indenture, drawing interest 
from January first in the year eighteen hundred and sixty- 
seven ; and for all sums smaller than one thousand dollars, 
certificates shall be issued, exchangeable into said Boston, 
Hartford and Erie Railroad Company bonds, whenever they 
are presented to the said Boston, Hartford and Erie Railroad 
Company, in sums of one thousand dollars. And the holders 
of the seven per cent, bonds issued by the Boston, Hartford 
and Erie Railroad Company, and secured by their mortgage 
dated February second in the year eighteen hundred and 
sixty-four, and each of them, shall have the right within the 
same time to exchange their said bonds for the bonds to be 
issued under said indenture upon the following terms, to wit : 
upon the surrender to the said Boston, Hartford and Erie 
Railroad Company of said bonds of the Boston, Hartford and 
Erie Railroad Company, with all the unpaid coupons, the said 
Boston, Hartford and Erie Railroad Company shall give in 
exchange seven per cent. Boston, Hartford and Erie Railroad 
bonds, to be issued under said indenture for the amount so 
surrendered, with certificates as aforesaid for all sums smaller 
than one thousand dollars. 

Section 3. Said mortgage shall be recorded in the registry 
of deeds in the several counties of Massachusetts in which 
said railroads and property may be situate ; and said record 
shall be deemed sufficient record of the personal estate as 
well as of the real estate mortgaged. 

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

Approved April 12, 1866. 

Chap, 143 An Act to extend the time for the location and construc- 
tion OF THE SPRINGFIELD AND LONGMEADOW RAILROAD. 
Be it enacted, §'c., as follows: 

The time for the location and construction of the Spring- 
field and Longmeadow Railroad is hereby extended three 
years from the time designated in the eighty-first chapter of 
the acts of the year eighteen hundred and sixty-four. 

Approved April 12, 1866. 



Mortgage to be 
recorded and 
deemed to cover 
personal estate. 



Extension of 
three years. 



1866.— CHArxERS 144, 145, 146. 105 

An Act to authorize james davis to extend nis wharf in Chan. 144 

GLOUCESTER. 

Be it enacted, ^'c, as follows : 

Section 1. James Davis, proprietor of a wharf in Glouces- May extend to 
ter, is hereby authorized to extend and maintain said wharf |l°"g""'^"°°"* 
to the commissioners' line established by authority of law in 
the harbor of Gloucester, with the right to lay vessels at the 
end and sides of said wharf, and receive wharfage and dock- 
age therefor : provided, hou'cver, that the limit and direction ProTisos. 
of said extension between the end of the present wharf and 
the commissioners' line shall be determined by and located 
under the direction of the harbor commissioners ; and 
provided, further, that this grant shall in nowise impair the 
legal rights of any person. 

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

Approved April 12, 1866. 
An Act to authorize george h. rogers to build wharves in Chap. 145 

GLOUCESTER. 
Be it enacted, ^t., as follows: 

Section 1. George H. Rogers, the owner of lands in May buna to 
Gloucester, is hereby authorized to build and maintain a iinT™rherrof 
wharf adjacent to his land on the westerly side of the wharf '^'^'^'^°'"' 
of Nelson J. Day at the head of the harbor, and extend the 
same to the commissioners' line established by law in the 
harbor of Gloucester ; and also to build and maintain a wharf aiso, may buiid 
adjacent to his land on the easterly side of Clay Cove, and une. ^ ^°^^ 
extend the same to the commissioners' line aforesaid, with 
the right to lay vessels at the ends and sides of said wharves, 
and receive wharfage and dockage therefor : provided, how- Provisos. 
ever, that said wharves shall be built under the direction of 
the harbor commissioners ; and provided, further, that this 
grant shall in nowise impair the legal rights of any person. 

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

Approved April 12, 1866. 
An Act to authorize michakl walen, junior, and Alfred Chap. 146 

WALEN TO EXTEND THEIR WHARF IN GLOUCESTER. 

Be it enacted, 8fc., as follows : 

Section 1. Michael Walen, junior, and Alfred Walen, May extend to 
proprietors of a wharf in Gloucester, are hereby authorized [°^'^™'''^'°°*'^ 
to extend and maintain said wharf in a northeasterly direc- 
tion upon the northeasterly side thereof sixteen feet, and in 
a southeasterly direction from its present terminus extended 
as aforesaid, to the commissioners' line established by author- 
ity of law in the harbor of Gloucester, with the right to lay 
vessels at the end and sides of said wharf, and receive wharf- 
21 



106 1866.— Chapters 147, US. 

Provisos. age and dockage therefor : provided, however, that the limit 

and direction of said extension between the end of the present 
wharf and the commissioners' hne shall be determined by 
and located under the direction of the harbor commissioners ; 
and provided, further, that this grant shall in nowise impair 
the legal rights of any person. 

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

Approved April 12, 1866. 
Chap. 147 An Act to authorize william c. wonson to extend his avharf 

IN GLOUCESTER. 

Be il enacted, S^'c, as follows: 

comm*ss*fo°ner3° SECTION 1. William C. Wonson, proprietor of a wharf in 
line. Gloucester, is hereby authorized to extend and maintain said 

wharf in a westerly direction from its present terminus two 
hundred and fifty feet, with the right to lay vessels at the 
end and sides of said wharf, and receive wharfage and dock- 
ProTisos. age therefor : provided, hoioever, that said wharf shall not be 

extended and maintained beyond the commissioners' line 
established by authority of law in the harbor of Gloucester, 
and that the limit and direction of said extension between 
the end of the present wharf and the end thereof when 
extended as aforesaid, shall be determined by and located 
under the direction of the harbor commissioners ; and pro- 
vided, further, that this grant shall in nowise impair the 
legal rights of any person. 

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

Approved April 12, 1866. 

Chap. 148 An Act concerning practice in divorce causes. 

Be it enacted, ^-c, as follows: 
Interlocutory or- SECTION 1. In all proccedinffs in the supreme iudicial 

ders, single judge 1 j.i j. l c • i -1 1 

may pass. court for divorcc and for the custody of mmor cliudren, 

interlocutory orders may be passed by a single judge in any 

county either in term time or vacation, 
^ibei by wife, SECTION 2. Upoii libcls for divorcc by the wife for any 
erty attachable, causc accruiug after marriage the husband's property may be 

attached as provided for in the General Statutes chapter one 

hundred and seven, section fifty. 
Attachment; SECTION 3. Sucli attachment may be made by trustee 

form of summons , . .. • ,i t , • x ii i 

and service. proccss, uy mscrting in the summons a direction to attacli 
the goods, effects or credits of the libellee in the hands of the 
alleged trustee, and service of the same shall be made upon 

Costs of trustee, said trustec by copy ; and in such cases the court may make 
such orders^ as shall be necessary to secure to the trustee his 
costs. 



1866.— Chapter 149. 107 

Section 4. Orders of notice on petitions for leave to marry Petition to mar- 
again may be issued by clerks of the supreme judicial court be' issued as on 
as they are now by law authorized to do on li])els for divorce. ^*^^^' 

Section 5. In the trial of all cases of libel for divorce the Parties may tes- 
parties shall be allowed to testify except as to private couver- divorc". 
sations with each other. Approved April 12, 1866. 

Ax Act to establish a board of harbor commissioners. Chap. 1-19 
Be it enacted, Sj-c, as folloics : 

Section 1. The governor, with the advice and consent of *^°7®™°^ ^^rsonl 
the council, shall, before the first day of July next, appoint before juiyfirst, 
five competent persons who shall constitute a board of harbor one annuTuy" 
commissioners, and who shall hold their offices from the 
dates of their respective appointment, and for the terms of 
one, two, three, four and five years, respectively, from the 
first day of July next. The governor shall, in like manner, 
before the first day of July in every year, appoint a commis- • 

sioner to continue in office for the term of five years from 
said day ; and in case of any vacancy occurring in the board, 
by resignation or otherwise, shall, in the same manner. May supersede 
appoint a commissioner for the residue of the term, and may *"^ ''pvoinue- 
in the same manner remove any commissioner. And the compensation of 
compensation of each of said commissioners shall not exceed 
five dollars per day for time actually employed in the service 
of said commission. 

Section 2. The board of harbor commissioners shall have Board to have 
the general care and supervision of all the harbors and tide- harbors of state, 
waters, and of all the flats and lands flowed thereby, within bayTandlTn b^os^- 
the Commonwealth, except the back bay lands, so called, in '°°- 
the city of Boston, in order to prevent and remove unauthor- 
ized encroachments and causes of every kind which are liable 
to interfere with the full navigation of said harbors, or in 
any way injure their channels, or cause any reduction of 
their tide-waters, and in order to protect and develop the 
rights and property of the Commonwealth in said flats and 
lands. They may, from time to time, make such surveys, May make sur- 
examinations and observations as they may deem necessary engineers and 
in any harbor for said purpose, and employ for these purposes *^*'^'^'^''- 
competent engineers, and also employ such clerical and other 
assistance as they may think necessary. They shall inquire shaii inquire as 

!••• -ito l&nd sind water 

as to the riparian rights of the owners of land on the northerly rights at south 
shore of South Boston, both as to the flats lying between said ^^^^ ^""^ "■ 
shore and the channel and the rights of navigation over the 
same ; and to ascertain whether said rights can be extin- 
guished or harmonized with rights claimed by the Common- 
wealth ; to prepare a plan for the improvement of said flats, 



108 1866.— Chafier 149. 

Shall have office and repoi't to the next legislature. They shall have an office 
in Boston, where the maps, charts and plans connected with 
the harbors, recprds of all their doings, and all documents 
relating to their business, shall be kept. 

Commissioners SECTION 3. Whenever in the judgment of the said board 

may prescribe „ . . i "^ ^ • xi 

harbor lines, and 01 commissioucrs the public good requires, they may proceed 
report to legisia- ^^ prescribe harbor lines in any of the harbors of this Com- 
monwealth, beyond which no wharf, pier or other structure 
shall be extended into such harbor, and shall report the same 
for the consideration of the legislature at its next session : 
Proviso: wtice proviclecl, /lowever, thsit said commissioners before drawing 
par^tTes in"inter- ^uy sucli liuc sliall appolut a convenient time and place for 
est required. ^j^g hearing of all parties interested, and shall give notice 
thereof by publication three weeks successively in two or 
more newspapers, one of which is published in Boston and 
one in the county where such harbor is situated, the first 
• publication to be at least thirty days before the time of 

hearing. 

i^d^'b le'llil' Section 4. All persons that have been or may be author- 

ture and not izcd by tlic Icgislaturc to build over tide-waters any bridge, 

pre-approved'^by "wharf, picr Or dam, or to fill any flats, or to drive any 

commissioners, pjigg bclow liigli-watcr mark, who have not already begun 

such work, shall, before beginning it, give written notice to 

the harbor commissioners of the work they intend to do, and 

submit plans of any proposed wharf or other structure, and 

of the flats to be filled, and of the mode in which the work 

is to be performed ; and no such work shall be commenced 

until the plan and mode of performing the same shall be 

approved in writing by a majority of the said harbor commis- 

commissioners to sioricrs. And tlic Said commissioners shall have power to 

pe^i^ework^*"' alter the said plans at their discretion, and to prescribe the 

direction, limits and mode of building of the wharves and 

other structures, to any extent that does not diminish or 

control the legislative grant; and all such works shall be 

executed under the supervision of the commissioners. The 

Shall ascertain amouut of tidc-watcr displaced by any structure or filling of 

ude-wa^tTr^an'd A^ts liercaftcr authorized as aforesaid, shall be ascertained by 

tebrj'^com'^ en"a- ^^^^ harbor commissioncrs, and they shall, in all cases affect- 

tion- ing the harbor of Boston, and in cases affecting other harbors, 

if they shall deem it necessary, require the parties making 

the same to make compensation therefor, either by excavating 

in some part of the same harljor where the work is performed, 

including tide-water channels between high and low water 

mark, to such an extent as to create a basin for as much 

tide-water as may be displaced by such structure or filling of 

flats, and the same shall be done under their direction, or by 



1866.— Chapter U9. 109 

paying in lieu of performing the work of dredging to restore 
the displaced tide-water a sufficient sum of money for making 
such compensation, or hy improving the harbor in any other 
mode to the satisfaction of the commissioners ; and all money Money paid to be 
thus paid shall be paid into the treasury of the Common- treasury'! 'Subject 
wealth, and be reserved as a compensation fund for the ^i,s[o"er8? ''°'"" 
harbor where such compensation is to be made, and used for 
that purpose under the direction of the commissioners : pro- Proviso: dredg- 
■ vided, that all dredging made for purposes of such compen- channels" '"^""^ 
sation for displaced tide-water shall in no wise injure any 
existing channels, but as far as practicable shall be directed 
towards their permanent improvement. 

Section 5. All erections and works hereafter made without unauthorized 

.■,.,/» J.1 1 • 1 i • , works within 

authority irom the legislature, or in any manner not sane- tide- waters 
tioned by the board of harbor commissioners, where their ganw'!'^ °"' 
direction is required, as herein before provided, within tide- 
waters flowing into or through any harbor, shall be consid- 
ered a public nuisance and liable to indictment as such. The commissioners 
board of harbor commissioners shall have power to order suits ^rT^behalr of' ' 
on behalf of the Commonwealth to prevent or stop by injunc- '^'^'®' 
tion or otherwise any such erection or other nuisance in the 
tide-waters which flow into or through any harbor in the 
Commonwealth, or thus to prevent or stop the removal of any 
material from any bar or break-water of any such harbor ; Attorneys, gen- 
and the attorney-general and district-attorneys within their •*'^'*°*^ ^''^'""='' 
districts shall commence and conduct such suit. 

Section 6. The harbor commissioners are authorized and commissioners 
empowered, whenever they deem it necessary, to apply to ^ngres'^s!''^ 
congress for appropriations for protecting and improving any 
harbor in the Commonwealth. 

Section 7. No contracts shall be made and no acts done Limitation of 
by said commissioners which involve the payment of any ^""^"^ defined. 
money from the treasury of the Commonwealth, except as 
herein before provided, without an appropriation expressly 
made by the legislature for that purpose. They shall keep services and ex- 
an account of their actual services and expenses, to be p^"^*^^- 
allowed by the governor and council. 

Section 8. The commissioners shall report in print to the Annual report 
legislature annually, on or before the tenth day of January, uwy"'^'* '° ''*°' 
their doings during the year preceding, and shall recommend 
such legislation as they deem necessary for the preservation 
and improvement of the harbors and the promotion of the 
interest of the Commonwealth connected therewith : and 
whenever they shall propose any plan for the improvement of 
the flats in the harbor of Boston, or to alter any harbor line 



110 1866.— Chapters 150, 151, 152. 

in the same, tliey sliall furnish to the legislature a copy of 
the report of the United States commissioners upon the 
harbor of Boston. Approved April 12, 1866. 

Chap. 150 ■^^' -^^'^ "^^ REPEAL CERTAIN ACTS ESTABLISHING THE SALARIES OF 
■^' THE SECRETARY AND AGENT OF THE BOARD OF EDUCATION. 

Be it enacted, Sfc, as follows : 
Act of '64 and SECTION 1. Chapter ninety-nine of the acts of the year 
rcTious. eighteen hundred and sixty-four and such parts of all previous 

acts as establish the salaries of the secretary and agent of the 
board of education, are hereby repealed. 

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

Approved April 12, 1866. 

Chap. 151 ^^ -^^T TO AUTHORIZE THE PAYMENT OF A SALARY TO THE REGISTER 
OF DEEDS FOR THE COUNTY OF NANTUCKET. 

Be it enacted, Sfc, as follows : 
County commis- SECTION 1. The couutv commissiouers of the county of 

sioners mny pay y-T , t , -i i t • n , t • , f«Ti 

from county JNautucKet arc liereby authorized to pay the register oi deeds 
treasury. ^^ ^^-^ couuty au auuual Salary of three hundred dollars, the 

same to be in addition to his fees as now provided by law, 

and to be paid from the county treasury. 
^ma-i. 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 April 12, 1866. 

Chap. 152 An Act concerning unclaimed railroad freight. 

Be it enacted, Sj'c, as folloics : 

Eaiiroad and ship SECTION 1. Mcrchaudisc transported by any railroad com- 
soTd^, up^n^due puny, or by any steam or sailing vessel, may be sold at public 
noitice, aft«r one auction for the cliargcs of transportation due thereon : 
provided it is not called for by the owner or consignee within 
one year from the date of its receipt at the place to which it 
was consigned ; and provided, that notice of the time and 
place of sale shall first be given by advertising the same three 
days in each week for three successive weeks, in some news- 
paper published at or nearest the city or town to which the 
merchandise was consigned. 
Net proceeds sub- SECTION 2. After deducting the expenses of transportation, 
advertising, storage and sale, the proceeds shall be placed to 
the credit of the owner and consignee in the books of the 
company or owners of said vessels making the sale, and the 
amount shall at all times be subject to the order of the lawful 
claimants thereof. 

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

Approved April 12, 1866. 



ject to claimants. 



1866.— Chapters 153, 154, 155. HI 

An Act to confirm certain acts done by thaddeus k. de wolf, QJiap. 153 

AS JUSTICE OF THE PEACE. 

Be it enacted, l^-c, as follows : 

All acts done by Thaddcus K. De Wolf of Chester, in the Acts from Dec 
county of Hampden, as a justice of the peace within and for ?66,'madeTOM^' 
said county, between the twenty-eighth day of December in 
the year eighteen hundred and sixty-four, and the sixth day 
of March in the year eighteen hundred and sixty-six, are 
hereby made valid and confirmed to the same extent as 
though he had been during that interval duly qualified to 
discharge the duties of said office. Approved April 12, 18G6. 

Ax Act to authorize the town of fairhaven to aid the Qfi^n^ 154: 

EXTENSION OF THE NEW BEDFORD AND TAUNTON RAILROAD. '^* 

Be it enacted, Sj-c, as follows : 

Section 1. The town of Fairhaven is hereby authorized May raise and 
to raise money by taxation or otherwise and apply the same unYdTmage. ""^ 
to pay to the New Bedford and Taunton Railroad Corpora- 
tion, whatever sums of money the said corporation may have 
to pay, for land damages consequent upon the extension of 
the railroad of said corporation, authorized by chapter two 
hundred and sixty-seven of the acts of the year eighteen 
hundred and sixty -four : provided, the inhabitants of said Proviso: voters 
town, at a regular meeting duly called for that purpose, *° ^""^^p' ■^'''• 
shall, by a vote of two-thirds of the legal voters present and 
voting thereon, vote to accept this act.- 

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

Approved April 12, 1866. 

An Act to incorporate the duxbury street railroad company. Chat) 155 

Be it enacted, §'c., as folloivs : 

Section 1. Gcrshom B. Weston, Stephen N. Gifford, corporators. 
Harvey Soule, their associates and successors, are hereby 
made a corporation, by the name of the Duxbury Street Rail- Title. 
road Company, for the purpose of constructing and using a May construct 
street railroad from some point in the town of Kingston, at betw'eenKiS 
or near the depot of the Old Colony and Newport Railroad ^^^^ ''°'^ ""^■ 
Company, to some convenient point in the town of Duxbury ; 
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 street 
railroads. 

Section 2. The capital stock of said corporation shall not capita'. 
exceed the sum of one hundred thousand dollars, to bo 
divided into shares of one hundred dollars each. Shares. 

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

Approved April 12, 1866. 



112 



1866.— Chapters 156, 157, 158. 



Chap. 156 An Act to incokpouate the new Bedford street railroad 

COMPANY. 

Be it enacted, Sf'c, as follows : 

Section 1. Charles B. Phillips, John Phillips, George B. 
Armstrong, their associates and successors, are hereby made 
a corporation, by the name of the New Bedford Street Rail- 
road Company, with power to construct, maintain and use a 
street railway from some convenient point or points in the 
northerly part of the city of New Bedford, to some conve- 
nient point or points in the southerly part of said city ; 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 street 
railroads. 

Section 2. The capital stock of said corporation shall not 
exceed the sum of three hundred thousand dollars, to be 
divided into shares of one hundred dollars each. 

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

Approved April 12, 1866. 



Corporators. 



Title 



Privileges and 
restrictions. 



Capital. 



Shares. 



Chap. 157 



Corporate name. 



May construct 
branch road. 



Ax Act to change the name of the pittsfield and new haven 

RAILROAD COMPANY, AND FOR OTHER PURPOSES. 

Be it enacted, Sfc, as follows: 

Section 1. The Pittsfield and New Haven Railroad Com- 
pany may take the name of the Lee and New Haven Railroad 
Company. 

Section 2. The said Lee and New Haven Railroad Com- 
pany is hereby authorized to construct a branch road from 
near the crossing of the highway over the Stockbridge and 
Pittsfield Railroad in Stockbridge, by the shortest and most 
direct route to connect with the West Stockbridge Railroad 
at West Stockbridge. 

Section 3. Said Lee and New Haven Railroad Company 
is hereby authorized to execute a mortgage upon its road 
and franchise, to secure the payment of bonds to be issued 
by said company, for the purpose of constructing its road : 
provided^ that bonds shall not be issued to an amount exceed- 
ing three hundred thousand dollars ; and no bonds shall be 
issued until the sum of one hundred thousand dollars of its 
capital stock shall have first been paid in. 

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

Approved April 12, 1866. 

Chap. 158 An Act to incorporate the Sheffield railroad company. 

Be it enacted, §'c., as follows : 
Corporator.?. SECTION 1. Graham A. Root, John H. Coffin and Increase 

Sumner, their associates and successors, are hereby made a 



May mortgage 
franchise to se- 
cure bonds. 



Provisos: Limit 
and conditions 
of issue of bond.". 



1866.— Chapter 159. 113 

corporation, 1iy the name of the Sheffield Raih-oad Company ; Title. 
with all the powers and privilcaes, and subiect to all the Privileges and 
restrictions, duties and liabilities set forth in the general 
laws which now are or hereafter may be in force relating to 
such corporations. 

Section 2. Said company may locate, construct and ^'^Y^^rTroad' 
operate a railroad commencing at some convenient point on and iuterchange 
the boundary line between the town of Sheffield and the ^^^° ' 
town of Salisbury, in the state of Connecticut ; thence 
northerly in said town of Sheffield to some convenient point 
in or near the village of the town of Sheffield so as to con- 
nect with the Berkshire Railroad : and said Sheffield Railroad 
Company may enter with its road upon, and unite its road 
with, the road of the Berkshire Railroad Company, and use 
the said railroad, suliject to the general laws of this Common- 
wealth relating to railroad corporations ; and the Berkshire 
Railroad Company is also hereby authorized to use the road 
of the Sheffield Railroad Company, subject to the same 
restrictions. 

Section 3. The capital stock of said company shall be capital stock. 
fixed by said company at an amount not less than sixty thou- 
sand dollars nor more than two hundred thousand dollars, 
and said stock shall be divided into shares of one hundred shares. 
dollars each. 

Section 4. This act shall be void unless the said railroad conditions of 

. 1 T . , . , , . , . „ validity of Act. 

IS located withm two years and constructed withm lour years 
from the passage thereof. 

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

Approved April 12, 1866. 
Ax Act to eevive the charter of the williamstown and Chap. 159 

HANCOCK railroad COMPANY. ^' 

Be it etiacfed, ^'c, as follows : 

Section 1. Chapter one hundred and forty-six of the acts A^t incorporat- 
of the year eighteen hundred and fifty-two, entitled " an act soiidating with 
to incorporate the Williamstown and Hancock Railroad Com- J'otd revived""^* 
pany," is hereby revived ; and all the franchises, rights, 
powers, authorities, privileges, immunities and property, 
granted by chapter one hundred and sixty-eight of the acts 
of the year eighteen hundred and fifty-three, entitled " an 
act to authorize the consolidation of the Williamstown and 
Hancock Railroad Company with the Lel3anon Springs Rail- 
road Company," are hereby revived and re-granted to said 
company as fully as if the said company had complied with 
the conditions mentioned in the said acts. 



114 



1866.--CHAPTERS 160, 161, 162. 



Location and 
construction. 



Chap, 



Corporators SECTION 2. Saiidford Blacldiigtoii, Paul A. Chadbourne 

and Benjamin P. Mills, are hereby associated with the original 
corporators in the acts hereby revived. 

Section 3. The time within which said road was ordered 
to be located, is hereby extended two years from the passage 
of this act, and the time for constructing the same is extended 
five years. 

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

Approved April 12, 1866. 
Chfip. 160 An Act to amend an act to incorporate the boston wesleyan 

ASSOCIATION. 

Be it enacted, ^'c, as folloios: 
May hold estate. SECTION 1. The Bostou Wcslcyau Associatioii may hold 
real and personal estate for the purposes set forth in its act 
of incorporation, to an amount not exceeding one hundred 
thousand dollars. 

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

Approved Aj)ril 12, 1866. 
.161 An Act to authorize samuel haskell, .junior, to extend his 

WHARF in GLOUCESTER. 

Be it enacted, ^-c, as follows : 

Section 1. Samuel Haskell, junior, the proprietor of a 
wharf in Gloucester, is hereby authorized to extend and 
maintain said wharf in a southerly dirccjtion thirty feet upon 
the southerly side thereof, and in a westerly direction from 
its present terminus, extended as aforesaid to the commis- 
sioners' line established by authority of law in the harbor of 
Gloucester, with the right to lay vessels at the end and sides 
of said wharf, and receive wharfage and dockage therefor : 
provided, hoivever, that the limit and direction of said exten- 
sion between the end of the present wharf and the commis- 
sioners' line, shall be determined by and located under the 
direction of the harbor commissioners ; and provided, further, 
that this grant shall in nowise impair the legal rights of any 
person. 

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

Approved April 12, 1866. 
An Act to authorize Alfred low and sylvanus low to build 

A WHARF in GLOUCESTER. 

Be it enacted, iVc, as folloivs: 

Section 1. Alfred Low and Sylvanus Low, owners of 
land in Gloucester, are hereby authorized to build and main- 
tain a wharf adjacent to their land on the northwesterly side 
of Rocky Neckj in the harbor of Gloucester, running in a 



May extend to 
commissioners' 
line. 



Provisos. 



Chap. 162 



May build on 
Rocky Neck to 
commissioners' 
line. 



1866.— Chapters 163, 164. 115 

northwesterly direction to the commissioners' line established 
by authority of law in said harbor, with the right to lay 
vessels at the end and sides of said wharf, and receive wharf- 
age and dockage therefor : jvovided, hoiuevc)-, that said Provisos, 
wharf shall be built under the direction of the harbor com- 
missioners ; and provided, further, that this grant shall in 
nowise impair the legal rights of any person. 

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

Approved April 12, 1806. 



An Act to authorize john 
george s. low to exten 



N LOW, JUNIOR, JOHN LOW, THIRD, AND CJlttp. 163 
CND THEIR WHARF IN GLOUCESTER. * 

Be it enacted, ^'c, as follows : 

Section 1. John Low, junior, John Low, third, and May extend to 
George S. Low, proprietors of a wharf in Gloucester, are iine. 
hereby authorized to extend and maintain said wharf in a 
southeasterly direction to the commissioners' line established 
by authority of law in the harbor of Gloucester, with the 
right to lay vessels at the end and sides of said wharf, and 
receive wharfage and dockage therefor : provided, however, Provisos. 
that the limit and direction of said extension between the 
end of the present wharf and the commissioners' line shall be 
determined by and located under the direction of the harbor 
commissioners ; and provided, further, that this grant shall 
in nowise impair the legal rights of any person. 

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

Approved April 12, 1866. 



Chap. 164 



An Act to authorize john perkins, william henry perkins and 
gilbert perkins to extend their avharves in gloucester. 

Be it enacted, ^'c, as follows : 

Section 1. John Perkins, William Henry Perkins and May extend to 
Gilbert Perkins, the proprietors of two wharves in Gloucester, lin™. 
are hereby authorized to extend and maintain said wharves 
in a southerly direction from their present termini, to the 
commissioners' line established by authority of law in the 
harbor of Gloucester, with the right to lay vessels at the ends 
and sides of said wharves, and receive wharfage and dockage 
therefor : provided, however, that the limit and direction of Provisos, 
said extensions between the end of the present wharves and 
the commissioners' line, shall be determined by and located 
under the direction of the harbor commissioners ; and pro- 
vided, further, that this grant shall in nowise impair the legal 
rights of any person. 

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

Approved April 12, 1866. 



116 



1866.— Chapters 165, 166. 167. 



ARLES C. PETTIXGELL AND SYLVESTER 
THEIR WHARF IN GLOUCESTER. 



May extend to 
commissioners' 
line. 



ProTiBos. 



Chap. 165 ^^ "'^CT TO AUTHORIZE CHA] 
CUNNINGHAM TO EXTEND 

Be it enacted^ ^'c.^ as foliates : 

Section 1. Charles C. Pettingell and Sylvester Cunning- 
ham, proprietors of a wharf in the harbor cove on the north- 
easterly side of Commercial street in Gloucester, are hereby 
authorized to extend and maintain said wharf in a north- 
easterly direction to the commissioners' line established by 
authority of law in the harbor of Gloucester, with the right 
to lay vessels at the end and sides of said wharf, and receive 
wharfage and dockage therefor : provided, hotvever, that the 
limit and direction of said extension between the end of the 
present wharf and the commissioners' line shall be located 
under the direction of the harbor commissioners ; and pro- 
vided, further, that this grant shall in nowise impair the 
rights of any other person. 

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

Approved April 12, 1866. 
Chap. 166 An Act to authorize gyrus story and Augustus h. wonson to 

BUILD A WHARF OR WHARVES IN GLOUCESTER. 

Be it enacted, §'c., as follows: 

Section 1. Cyrus Story and Augustus H. Wonson, 
owners of land in Gloucester, are hereby authorized to build 
and maintain a wharf or wharves adjacent to their land, on 
the northwesterly side of Rocky Neck, in the harbor of 
Gloucester, running in a northwesterly direction, to the com- 
missioners' line established by authority of law in said harbor, 
with the right to lay vessels at the end and sides of said 
wharf or wharves respectively, and receive wharfage and 
dockage therefor: provided, however, that the same shall be 
built under the direction of the harbor commissioners ; and 
provided, further, that this grant shall in nowise impair the 
legal rights of any person. 

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

^ . Approved April 12, 18^6. 

Chap. 167 -A^ -^CT TO AUTHORIZE THE CITY OF BOSTON TO BUILD A SEA-WALL 
IN BOSTON HARBOR, NEAR THE FOOT OF POPLAR STREET. 

Be it enacted, ^'c, as follows : 
May build from SECTION 1. The city of Bostou is hereby authorized to 
*^Pop^iar^treet build a sca-wall in Charles River, in the harbor of Boston, 
commencing the said wall at the northwesterly corner of 
Taylor's wharf, and extending the same across the end of the 
dock known as the Poplar street dock, to the southwesterly 
corner of Viiiars wharf, a distance of about seventy-three 
ieet: provided, that the said wall shall be erected under the 



May build on 
Rocky Neck to 
commissioners' 
line. 



Provisos. 



Tia 

dock, to Vinal's 

wharf. 



1866.— Chapters 168, 169. 117 

direction of the harbor commissioners, and shall not be built ^^^^°^ ^l°^^^^ 
outside of the commissioners' line established by law ; and 
provided, further, that if the building of said wall shall in nights of per- 
anywise impair the legal rights of any person, such person impaireo!^'^^ ' 
suffering damage thereby shall have the rights and remedies 
for the ascertainment and recovery of the amount of such 
damage provided by law for the ascertainment and recovery 
of damages for land taken in said city of Boston for public 
highways or streets. 

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

Approved April 16, 1866. 
An Act to authorize the town of dedham to raise money to QJi^n^ XQ'S 

PAY members of company F, EIGHTEENTH REGIMENT MASSACHU- -^ ' 

SETTS VOLUNTEERS, FOR TIME SPENT IN MILITARY DRILL. 

Be it enacted, Sj'c, as folloivs : 

Section 1. The town of Dedham is hereby authorized to May raise not ex- 
raise by tax a sum of money sufficient to pay the members of e^h residtlft so°i- 
company F, in the eighteenth regiment of Massachusetts vol- *^^®'"- 
unteers, who were residents of said town at the time of their 
enlistment and were subsequently mustered into the service 
of the United States, and continued in said service until hon- 
orably discharged, not exceeding seventy-five dollars each, 
for time spent in military drill previous to being mustered 
into said service in accordance with the vote of said town 
previous to such enlistment: provided, however, that the Provisos: sum 
whole sum so raisijd shall not exceed five thousand dollars ; $5,000! anTus 
dM^. provided, further, i\\d± at a legal town meeting, called t^'^ithirds vote. 
for that purpose, two-thirds of the voters present and voting 
thereon shall vote to raise such amount for said object. 

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

Approved April 16, 1866. 

An Act concerning the election of clerks of police courts. Qhdyy 1 gO 
Be it enacted, kc, as follows : 

Section 1. The clerks of the police courts now in office Term of office to 
shall hold their office until successors are chosen and qualified. ^ ^® ^*'"^' 
At the annual municipal election in the year eighteen hun- 
dred and sixty-six, and every fifth year thereafter, clerks of 
the several police courts, where the office of clerk shall then 
exist by law, shall be chosen by the districts, and shall hold 
office until their successors are chosen and qualified. If a vacancy, how 
clerk is removed, or otherwise vacates his office, another shall ^"®'^' 
be chosen at the annual municipal election for the remainder 
of the term. 



118 1866.— Chapters 170, 171. 

Kepeai. SECTION 2. TliG fourtli sectioii of the one hundred and 

sixteenth chapter of the General Statutes is hereby repealed. 
Section 3. This act shall take effect upon its passage. 

Approved April 20, 1866. 

Chap. 170 -^N -^CT COXCERNIXG THE ASSESSMENT OF TAXES. 

Be it enacted, Sfc, as follows: 

d^^idi *^^sMswf Section 1. When any person liable to be taxed for personal 

to require of as- property sliall liavc changed his domicil, it shall be the duty of 

resfdenwamount thc asscssors of tho city or town where he resides, to require 

^^last personal forthwith of the asscssors of the city or town where such person 

was last taxed as an inhabitant, such written statement of 

any facts within their knowledge as will assist in determining 

the value of the personal estate of such person, and also the 

amount he was last assessed in such city or town ; and such 

information shall be furnished by the assessors of the city or 

town where he was last taxed or assessed. 

Notice from SECTION 2. Whcu the asscssors of any city or town shall 

tlTa°to hltied, l^ave received notice from the assessors of any other city or 

subject to inspec- ^owu withiu tho Commonwcalth, of the amount at which a 

person having been an inhabitant thereof, was last taxed on 

personal property, such notice shall be filed in their office. 

Assessment. subjcct to public iuspcctiou ; and they shall not assess such 

person upon any less amount of personal estate than he was 

last assessed, until he shall have brought in to such assessors 

a list of his personal estate, in accordance with the provisions 

of the twenty-second and twenty-third sections of the eleventh 

chapter of the General Statutes. 

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

Approved April 20, 1866. 

Chat) 171 -A^^' Act TO INCORPOKATE THE WADIXG RIVER RESERVOIR COMPANY. 

Be it enacted, §'c., as follows : 
Corporators Section 1. Samucl L. Crockcr, Thompson Newbury, 

Lorenzo Lincoln, their associates and successors, are hereby 
Title. made a corporation, by the name of the Wading River Eeser- 

Purpose. voir Company, for the purpose of constructing and maintain- 

ing reservoirs of water on the Wading, Three Mile, Rumford 
and Chartlcy Rivers, and their tributaries, in the county of 
Bristol, for the supply of mills situated on said rivers ; with 
priTiiejes and all tlic powcrs and privileges and subject to all the duties, 
restrictions. pestrictious and liabilities set forth in all general laws which 
now are or may hereafter be in force relating to such corpo- 
ProTko. rations : provided^ koiuever, that said reservoirs shall be 

located and constructed in five years from the passage of this 
act. 



1866.— Chapter 172. 119 

Section 2. Said corporation may hold real and personal f^'^^^^'J^^P"'^^ 
estate necessary and convenient for the purposes aforesaid, 
and its whole capital stock shall not exceed one hundred 
thousand dollars, which shall be divided into shares of one 
hundred dollars each. 

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

Approved April 20, 1866. 
An Act to provide state aid for disabled soldiers and QJiap. 172 

SAILORS and their FAMILIES, AND FOR THE FAMILIES OF THE ■* ' 

SLAIN. 

Be il enacted, cVc, as follows: 

Section 1. The treasurers of cities and towns shall, under ^"'^p3y°'^J°7a?n 
the direction of the city council, or selectmen thereof, pay resident soldiers 
monthly the sum of six dollars, from and after the first day douars monthly 
of January in the year eighteen hundred and sixty-six, to ^l^^ o^f'^'curwut 
any person having a residence in said city or town, who has year, 
served in the army or navy of the United States, as an officer 
or as an enlisted or drafted man, to the credit of the state of 
Massachusetts, between the nineteenth day of April in the 
year eighteen hundred and sixty-one and the first day of 
September in the year eighteen hundred and sixty-five, and 
who is now residing within this state, and who is wholly or 
partially disabled by reason of wounds received in said 
service, or by sickness or disability contracted therein ; or 
who, being at the time of his enlistment and now an inhabi- 
tant of this state, has served as aforesaid to the credit of any 
other state between the said nineteenth day of April and the 
eighteenth day of March in the year eighteen hundred and 
sixty-two, and who is wliolly or partially disabled by reason 
of wounds received in said service, or by sickness or disability 
contracted therein : provided, that said person has an honor- ProTiso. 
able discharge from said service by reason of wounds, or 
disability, or expiration of his term of service, or has been 
duly mustered out of said service, and does not receive aid 
from any other state, or from any other town under the 
provisions of this act. 

Section 2, The treasurers of cities and towns shall, under shaii pay to cer- 
tbe direction of the city council, or selectmen thereof, pay pendents •r sucu 
monthly, for a period not exceeding three years from and deceaJed°orTisa- 
aftcr the first day of January in the year eighteen hundred ^'^^i^°^' ^°^^^\ 
and sixty-six, to the widow, children, father or mother, being exceeding three 
in necessitous circumstances, (having a residence in said city ^*'"'' 
or town, and now residing in this state,) of any person upon 
whom they were dependent, who served in the army or navy 
of the United States as an officer or as an enlisted or drafted 
man, to the credit of the state of Massachusetts, between the 



120 1 866.— Chapter 172. 

nineteenth day of April in the year eighteen hundred and 
sixty-one and the first day of September in the year eighteen 
hundred and sixty-five, and was killed or has died by reason 
of wounds or disease incurred in said service, or who, being 
at the time of his enlistment an inhabitant of this state, 
served as aforesaid to the credit of any other state between 
the said nineteenth day of April and the eighteenth day of 
March in the year eighteen hundred and sixty-two, and was 
killed or has died by reason of wounds or disease incurred 
in said service, or to the wife, father, children or mother 
being in necessitous circumstances, (living or having a resi- 
dence in said city or town, and now residing in this state,) 
of any person upon whom they were dependent, who has 
served as aforesaid, who is wholly or partially disabled by 
reason of wounds received in said service, or by sickness or 
disability contracted therein, the sum of four dollars : pro- 

proTisos. vided, that the whole amount paid to the said relatives of 

one officer, soldier or sailor shall not exceed eight dollars per 
month ; and provided that such wife, children, father or 
mother, do not receive aid from any other state, or from any 
other town under the provisions of this act. 

Soldier or sailor SECTION 3. If a wouudcd or disabled officer, soldier or 

marrying. gailor, rccciving aid under the first section of this act, shall 

marry after the passage of this act, no aid shall be paid on 

Widow marrying accouut of his wifc. If tlic widow of any officer, soldier or 
sailor, receiving aid under the second section of this act, shall 

Children. marry again, the aid shall be discontinued to her. No aid 

shall be paid on account of any children over fourteen years 

Conviction of of agc. If any person to whom the aid is paid shall be con- 
crime to suspend • • i /> • ' i re j. i i j.i 

payment, at dis- victcd 01 any crimmal onence at common law or under the 

cretion of town, gtatuto of tliis Commonwcalth, Said aid shall be discontinued 

to said person unless or until the municipal authorities shall. 

Residence. in their discretion, otherwise determine. Aid, except as 

provided in section twelve of this act, shall be paid only 

to persons having a residence in some city or town in this 

Commonwealth. 

Aid to be for sole SECTION 4. All aid fumislied under the provisions of this 

how paid. ' act shall be solely for the benefit of the person for whom it 

is intended, and shall be paid to said person directly or upon 

his or her order; and it shall not be subject to trustee process 

nor assigned. And no transfer of said aid heretofore made 

shall be recognized in settlement of the same. 

Auditor, and ad- SECTION 5. The auditor, the adjutant-general and the 

jutant and sur- ' •' ~ 

geop generals, to surgcou-gencral of thc Commonwealth, shall constitute a 

ing! ^'®^"^^"*' commission to decide upon all questions which may arise in 

the payment of aid, l^etween the municipal authorities and 



1866.— Chapter 172. 121 

the persons claiming the aid ; and in all cases their decision 
shall be final. 

Section G. On or before the fifth day of January in each Towns a^^ cities 
year, there shall be deposited in the office of the auditor of applying money 
the Commonwealth, by each town and city raising and apply- audito/aMuaUy 
ing money as aforesaid, a full and particular report, setting in January, 
forth the names of the officers, soldiers and sailors for the 
aid of whom and for the aid of whose families money has 
been applied as aforesaid, the name of the company and regi- 
ment and the name of the vessels in which such officers, 
soldiers and sailors respectively enlisted, and in which they 
last served, and the names and ages of the several persons 
for the aid of whom money has been applied as aforesaid ; 
the relation such persons severally bear to such officers, 
soldiers or sailors ; the sums paid to each of such persons, 
and the time when the same were paid ; and such report shaii be sworn 
shall be sworn to by a majority of the selectmen of such * * 
town, or by the mayor and a majority of the aldermen of 
such city ; and after it has been examined and approved by Auditor to exam- 
said auditor, there shall be re-imbursed annually, to said city ipprovrit'statrto 
or town, from the treasury of the Commonwealth, on or re-imburse. 
before the first day of December in the year in which the 
report is made, the amount legally paid as aforesaid, in 
accordance with the provisions of this act ; but none of the 
expenses attending the payment of said aid shall be re-im- 
bursed. The auditor of the Commonwealth shall, before Bianiisfor 
the first day of January in each year, furnish to the several " "uTni^h" 
cities and towns suitable blanks for the returns required by 
this section. 

Section 7. When applicants for aid have their residence Error in resi- 
in a city or town to which they are not credited, notice of cants for^Tidi 
their application shall be forthwith sent by such town to the ^""^ adjusted, 
place to which said applicants are credited ; and if an answer 
to such notice, setting forth all the facts touching the appli- 
cation necessary to be known by the town to which application 
is made, is not sent by mail within seven days from the 
receipt of the same, the city or town in which such applicants 
reside may recover in an action of contract against the town or 
city so neglecting to answer, all such sums as they may 
advance to such applicants not re-imbursed by the state. 

Section 8. Persons receiving aid under chapter two Iran- Recipients under 
dred and thirty-two of the acts of the year eighteen hundred utied under thu 
and sixty-five, shall not be entitled to aid under this act ; but A^^'eeL^e" '"'^ 
when the aid ceases to be paid under said chapter two hun- 
dred and thirty-two, then such persons entitled under the 
provisions of this act, shall receive the aid provided herein, 

23 



122 1866.— Chapter 172. 

from tlio date that payments to them ceased under the prior 

act. 
de^ce'^of'^appu" SECTION 9. Pcrsoiis applying for aid under this act shall 
cants under this statc iu Writing, uudcr oath, the age and residence of the 

Ac* ELnd otucr t-j ' / c_j 

fact's, required, party for wliom such aid is claimed ; the relation of the 
claimant to the party who rendered the service for which aid 
is claimed ; the company and regiment or the vessel in which 
the officer, soldier or sailor enlisted, and that in which he 
last served ; the date and place of such enlistment, when 
. known ; the duration of such service ; and the reason upon 

Auditor to fur- whicli thc claiui for aid is founded. And it shall be the duty 
of the auditor to furnish, from time to time, to each city and 
town, a sufficient number of suitable blank forms for the use 
of applicants for aid under this act. 

AppHcation of SECTION 10. The provisious of this act shall apply to the 

Act to families •/• i m i i- ^ xi • • i • 

of certain miss- wiic, Children, lathcr or mother (havmg a residence m some 
safiors. ^"^ °' city Or town of this Commonwealth, and now residing therein,) 
of any person who served in the army or navy of the United 
States between the nineteenth day of April eighteen huiidred 
and sixty-one, and the first day of September eighteen hun- 
dred and sixty-five, as an officer or enlisted or drafted man, 
to the credit of the state of Massachusetts, and who appears 
on the rolls of his regiment or company, in thc office of the 
adjutant-general, to be missing, or to have been captured by 
the enemy, and who has not been exchanged, or has not 
returned from captivity, or who is not known to be alive : 
Proviso. provided, that aid shall not be paid to the said relatives of 

such officer, soldier or sailor, if thc municipal authorities 
have good and sufficient reasons to believe that he deserted 
from the service, or that he is still living and wilfully absent 
from his family, or if said relatives receive said aid from any 
other state, or from any other town under the provisions of 
this act. 
Towns and cities SECTION 11. Ally towii Or city may raise money by taxa- 
appiy money. tiou Or otlicrwisc, aiid, if iicccssary, apply the same for the 
Applications for purposcs sct fortli ill this act ; and all persons entitled to aid 
or ' ^°'''^"^'°°^ under the provisions of this act, who do not apply for the 
same within three months from the passage hereof, shall not 
receive said aid prior to the date of their application. 
Residents of other SECTION 12. Any pcrcon wlio has served in the army or 
I'S^lg trcredlt navy of the United States, as an officer or enlisted or drafted 
andT^i'^n"^""'' ^^^^^j ^0 thc ci'cdit of thc state of Massachusetts, between the 
sojourned in, nineteenth day of April in the year eighteen hundred and 
enlistment, may sixty-ouc, and the first day of September in the year eighteen 
montwy.'''^"""^ huudrcd and sixty-five, and who resides in any other of thc 
United States, and who, at the time of enlistment, had been 



1866.— Chapters 173, 174, 123 

a resident of the state during the month immediately preced- 
ing said enlistment, who is wholly or partially disabled by 
reason of wonnds received in said service, or by sickness or 
disability contracted therein, may apply to the commission 
provided for in the fifth section of this act, and upon furnish- 
ing to said commission satisfactory evidence of his service as 
aforesaid in the army or navy, shall be entitled to receive the 
sum of six dollars per month from the treasury of the Com- 
monwealth, for the period of three years from the first day 
of January in the year eighteen hundred and sixty-six : 
p7'ovided, that said person has an honorable discharge from ProTiso. 
said service by reason of wounds or disability, or expiration 
of his time of service, or has been duly mustered out of said 
service, and does not receive aid from any other state. If convict to have 

' . . - T 1 • • 1 n 1 *'d at discretion 

any person entitled to receive aid under this section shall be of^commission. 
convicted of any criminal offence at common law, or under 
the statutes of this Commonwealth or of any other state, such 
aid shall be discontinued to said person, unless or until said 
commission shall, in their discretion, otherwise determine. 

Section 13. The operations of this act shall cease upon Act to cease oper- 
the first day of January in the year eighteen hundred and ary°'7L^ 
seventy-one. 

Section 14. This act shall take effect upon its passage. 

Approved April 23, 1866. 

• • If 

An Act in addition to an act in relation to the taxation of Ckcip. 173 

LANDS in west SPRINGFIELD. "* 

Be it enacted, Sfc, as follows : 

Section 1. All lands and estates lying in the town of certain lands in 
Agawam, which have heretofore been taxed in the city of tal^T^in "^sail 
Springfield, shall hereafter be taxed in the town of Agawam, spri°gTew°°' '° 
anything in the forty-second chapter of the acts of the present 
year to the contrary notwithstanding. 

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

Approved April 23, 1866. 
An Act concerning the laying out, altering, widening and Chap. 174 

IMPROVING THE STREETS OF BOSTON. ^' 

Be it enacted, §*c., as follows: 

Section 1. The board ot aldermen of the city of Boston Board of aider- 
shall continue to have full power and authority to lay out, poweiB. ^"^ ^"" 
widen, discontinue, change the grade of, or otherwise alter 
any street within said city, and for these purposes may take 
any land, and may remove the whole or part of any building 
which in their judgment it may be necessary to take and 
remove, and may assess upon the estates abutting on any 
street which may be laid out, such portion of the expense of 



124 1866.— Chapter 174. 

siicli laying out, widening, discontinuance, cliange of grade, 
or other alteration, including all damages sustained by any 
person or persons thereby, as is hereinafter provided ; and 
their determination so to do shall be adjudicated in the same 
manner and upon like notice to parties interested, as is pro- 
vided by law in other cases of laying out, widening, discon- 
tinuance, change of grade or other alteration of streets. 
Estimate of ex- SECTION 2. In making an estimate of the expense for said 

pense to include _ ^ • ^ i • •it',i 

damages purposcs lor whicli au assessment as herein provided is to be 

per^'nT.*^ '^^ laid, all damages sustained by any person or persons shall be 
estimated, including damages for land and buildings taken, 
and including the value of the whole of the buildings on the 
land, any part of which shall be so taken, deducting there- 
from, however, the value of the materials to be removed, and 
of the buildings or parts of buildings, if any, which will 
Value of land, remain standing ; and in estimating the value of the land cut 
off for said purposes, the land so cut off shall be estimated at 
its value before the laying out, widening, discontinuance, 
change of grade, or other alteration, and such estimate 
shall not include the increased value occasioned merely by 
such laying out, widening, discontinuance, change of grade, 
or other alteration. 
Damages, how SECTION 3. Thc damagcs estimated according to the pre- 
ceding section, shall be paid to the persons entitled thereto, 
in the same manner, and upon the same conditions, as is 
provided by law in other cases of laying out, widening, 
discontinuance, change of grade, or other alteration of 
streets. 
Buildings and SECTION 4. Buildiugs and materials remaining upon the 
™move*d by land uudcr the adjudication provided in section two, shall be 
fJuTre', by b"oard takcu carc of by the owner thereof; and if such owner, after 
ma^^MiT*"' ^^° due notice by said board of aldermen, neglects or fails so to 
do, said board of 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. 
Benefit accruing SECTION 5. Whenever in the opinion of the board of alder- 
tete? board^mly mcn, any estate abutting on any street which may be laid 
decide ^ai^aejnd^ Qut, widcucd, discoutinucd, graded or altered by said board 
^«- under this act, including the estate so cut off, shall receive 

any benefit and advantage from such laying out, widening, 
discontinuance, change of grade, or other alteration, then the 
said board may adjudge and determine the value of such 



1866.— Chapter 174:. 125 

benefit and advantage to any sucli estate, and may assess 
upon the same a portion of the expense of any such laying 
out, widening, discontinuance, change of grade, or other 
alteration, including the damages mentioned in the second 
section of this act, but not exceeding in amount one-half the 
amount of such adjudged benefit and advantage. 

Section 6. All assessments made under this act shall Assessments to 

, . , , 1 , , Til constitute Uen. 

constitute a lien upon the real estate so assessed, to be 

enforced in the same manner, with like charges for costs and 

interest, as is provided by law for the collection of taxes. 

And if the owner of any estate so assessed desires to have the upon notice to 

amount of said assessment apportioned, he shall give notice ^errma/^e^^' 

thereof in writing to the board of aldermen, at any time t^P°J'p°°t^. ''^ 

before a demand is made upon him for the payment thereof ; 

and said board shall thereupon apportion the said amount 

into three equal parts, which apportionment shall be certified 

to the assessors, and the said assessors shall add one of said 

equal parts to the annual tax of said estate each year for the 

three years next ensuing. 

Section 7. Any party aggrieved by the doings of the Party aggrieved 
board of aldermen, under this act, shall liave the like remedy ciai remedy, 
by petition, for a jury or otherwise, and with the same limi- 
tations as to the time of bringing such petition, as in other 
cases of laying out, widening, discontinuance, change of 
grade, or other alteration of streets in the county of Suffolk. 
And any person aggrieved by the estimate made by the board ^^^g^ ^g"^"^ 
of aldermen, under the eighth section of this act, may have section, 
the same assessed by a jury in the same manner as damages 
for the taking of land for streets and highways may be 
assessed. 

Section 8. Any person owning any estate abutting on Abutter object- 
any street which may be laid out, widened, discontinued, mSy ° "^Trrender 
graded or altered, and liable to assessment under this act, ^^\^^^l{ ^"^de?- 
may, at any time before the estimate of damages is made "nen- 
under the second section of this act, give notice in writing to 
said board of aldermen that he objects to such assessment, 
and elects to surrender his said estate to the city of Boston, 
and if said board of aldermen shall then adjudge that public 
convenience and necessity require the taking of such estate, 
that such improvements may be made, they shall have full 
authority, and may take the whole of the abutting estate of 
such person so objecting, and shall thereupon estimate the 
value thereof with all the improvements thereon, excluding 
the benefit or advantage which has accrued from the said 
laying out, widening, discontinuance, change of grade or 
other alteration ; and the said owner shall convey the same 



126 1866.— Chapter 175. 

to the said city, and the said city shall pay him therefor the 

City may fell sur- yaluc SO estimated. Said city may sell all the building 

p us property. j^r^^Qi^j^ls and buildings, and the remaining portion of said 

estate not used in said widening, grading and improvements, 

and apply the net proceeds thereof towards the estimated 

value paid as aforesaid. 

Term "street"' SECTION 9. The term strcct, in this act, shall be construed 

to include highways, town ways, courts, lanes and alleys. 
Construction of SECTION 10. Tliis act shall uot bc construed as repealing 
any existing laws relating to the laying out, widening, dis- 
continuance, change of grade, or other alteration of streets 
and highways. , . Approved April 23, 1866. 

ChaX) 175 -^^ -^^^ "^^ SUPPLY THE CITY OF NEWBURYPORT WITH PURE WATER. 

Be it enacted, ^'c, as follows: 
Persons incorpo- SECTION 1. Normau C. Grcenougli, William Graves, 
company!^"^ "'^ William Tliurston, Isaac H. Boardman, Jacob Stone, their 
associates and successors, are hereby made a corporation, 
under the name of the Newburyport Aqueduct Company, for 
the purpose of furnishing the inhabitants of Newburyport 
Privileges and witli purc watcr ; with all the powers and privileges, and 
restrictions. gubjcct to all the dutics, restrictions and liabilities set forth 
in all the general laws which are or may be hereafter in force, 
applicable to such corporations. 
Corporation may SECTION 2. Said corporatiou, for the purpose aforesaid, 
Trout Brook^nd may take, hold and convey to, into and through said city the 
marginal land, ^^j^^q^s of thc Trout Brook, SO callcd, in the city of Newbury- 
port, situated near Essex Merrimack Bridge, belonging to 
David Jackman, Henry M. Jackman and William Jackman, 
and the waters which flow into and from the same, 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 
May take lands Said watcrs ; and may also take and hold in like manner such 
for city works, jg^jjjjg ^g j^j^y ]jq ncccssary for erecting and maintaining dams 
and reservoirs, and for laying and maintaining conduits, 
pipes, drains and other works for collecting, conducting and 
Shall file in reg- distributing said waters through said city. Said corporation 
'seript"ion oftnd." shall, wlthiu sixty days from the time of taking any land as 
aforesaid, file in 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 construct SECTION 3. Said corporatiou may build aqueducts and 
t^i'bute'"' water maintain the same by any works suitable therefor, may erect 
'" "'^' and maintain dams, may make reservoirs and hydrants, and 

may distribute the water throughout said city by laying down 



1866.— Chapter 175. 127 

pipes, and may establish the rent therefor. Said corporation May carry pipes 

1 n.i c • 1 'i- 1 and drains across 

may also, lor the purposes aioresaiu, carry its pipes ana water-course or 
drains over or under any water-course, street, railroad, high- '^'''- ' 
way 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 city council of the city of Newburyport, in 
such manner as to cause the least hindrance to the travel 
thereon. 

Section 4. Said corporation shall be liable to pay all shaiibeiiabiefor 
damages that shall be sustained by any persons in their prop- erty. ° 
erty by the taking of any land, water, or water-rights, or by 
the constructing of any aqueducts, reservoirs, or other works 
for the purposes aforesaid. If any person who shall sustain Adjustment and 
damage as aforesaid, cannot agree with said corporation upon p^^™^"'- 
the amount of said damages, he may have the same 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 jmrposes aforesaid, shall be paid by said corporation 
before entering upon such lands. 

Section 5. No application shall be made to the county Application for 
commissioners for the assessment of damages, for the taking to"emade7 ^^ 
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. Said corporation may hold, for the purposes corporation may 

hold real estate 

aforesaid, real estate to the amount of fifty thousand dollars ; 

and its whole capital stock shall not exceed two hundred ^^5'^^ ^'°'=^ 

^ and shares. 

thousand dollars, which shall be divided into shares of one 
hundred dollars each. 

Section 7. Any person who shall maliciously divert the Penalty for mau- 

. i J 1 c £• J^^ J' 1 1 • 1 cious diversion or 

water, or any part thereot, oi the sources oi supply which con-uption of 
shall be taken by the said corporation, pursuant to the provi- ^ wmkror k"op^ 
sions of this act, or who shall maliciously corrupt the same e'^'y- 
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 corporation, for the 
purposes of this act, shall pay three times the amount of the 
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 city of Newburyport is hereby authorized ^l^y ^""y ?•?■■- 

.' .•'A^ /.-T • cnase Iranchise 

to purchase all the Iranchise, rights and property oi said cor- and property. 



128 1866.— Chapter 176. 

poration, with the written assent of at least three-fourths in 

interest of the stockholders, and the said company arc hereby 

authorized, npon such written assent, to make sale of the same. 

City council may SECTION 9. For tlic purposc of defraying the cost of such 

scrip. property, lands, water and water-rights as shall bo purchased 

for the purpose aforesaid, the city council of Newburyport 

shall have authority to issue, from time to time, notes, scrip 

or certificates of debt, to be denominated on the face thereof 

" Newburyport 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 principal shall be payable at 

periods not more than twenty years from the issuing of the 

May sell same, said scrip, uotcs Or ccrtificatcs, respectively ; and the said city 

council may sell the same, or any part thereof, from time to 

time, at public or private sale, for the purpose aforesaid, on 

such terms and conditions as the said city council shall judge 

May assess, propcr. Said city council is further authorized to make 

towards 'pay- 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 sufficient to pay the interest thereof, in the same 

manner as money is assessed and appropriated for other 

municipal purposes. 

Purchase by city SECTION 10. In case the city of Newburyport shall pur- 

to vest all corpo- , , ., ,"'.., „'' \ ^. 

rate property and cliasc tlic property, rights aud privileges oi the corporation 

municipality, cstablishcd by this act, said city shall exercise all the rights, 

powers and authority, and be su.bject to all the restrictions, 

duties and liabilities herein contained, in such manner, and 

by such officers, servants and agents as the city council shall, 

Shall assume cer- from tiuic to time, ordain, appoint and direct. And said city 

damages.^ ^ ""^ sliall bc 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 aqueduct, which shall 

not have been previously paid by said corporation. 

Section 11. This act shall take effect upon its passage. 

Approved April 23, 1866. 

Chap. 176 An Act to extend the time for the completion of the loca- 
tion AND CONSTRUCTION OF THE DEDHAM AND WEST KOXBURY 
RAILROAD. 

Be it enacted, Sj-c, as follows : 

^elV?''"" °^ *''° Section 1. The time allowed to the Dedham and West 
Roxbury Railroad Company for the completion of the location 
and construction of its railroad, is hereby extended two years. 
Section 2. This act shall take effect upon its passage. 

Approved April 23, 1866. 



1866.— Chapters 177, 178, 179. 129 

Ax Act to incorporate the freemason's hall association in Chap. 177 

HAVERHILL. 

Be it enacted, Sj'c., as follows : 

Section 1. James E. Gale, Charles W, Chase and John corporators. 
P. Randall, their associates and successors, are hereby made 
a corporation, by the name of the Freemason's Hall Associa- 
tion, for the purpose of erecting a building in Haverhill, and Purpose, 
maintaining the same for the accommodation and purposes 
of a masonic hall, lectures, and any other lawful purpose ; 
with all the powers and privileges, and subject to all the Privileges and 
restrictions, duties and liabilities set forth in all general 
laws which are or may be in force, so far as applicable to 
such corporations. 

Section 2. Said corporation shall have a capital stock not capital stock and 
exceeding fifty thousand dollars, divided into shares of one 
hundred dollars each, and may hold for the purposes afore- 
said, real and personal estate not exceeding the amount of ^*'*'«- 
the capital stock. 

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

Approved April 23, 1866. 

An Act to incorporate the Massachusetts fruit preserving Qfian. 178 

company. ^ * 

Be it enacted, §'c., as follows : 

Section 1. Charles M. Hovey, Daniel Needham, Christo- corporators. 
pher W. Bellows, their associates and successors, are hereby 
made a corporation, by the name of the Massachusetts Fruit 
Preserving Company, for the purpose of carrying on the Purpose, 
business of preserving fruits, foreign and domestic, in the 
city of Boston ; with all the powers and privileo;es, and sub- Privileges and 

X o ' r6&trictioD3 

ject 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. 

Section 2. The capital stock of said corporation shall not capital stock and 
exceed two hundred thousand dollars, which shall be divided 
into shares of one hundred dollars each ; and said corporation May hold reai 
may hold for the purpose aforesaid real estate to an amount 
not exceeding fifty thousand dollars, and shall not commence Payment of cap- 
business until one hundred thousand dollars of its capital 
stock shall have been paid in. 

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

Approved April 23, 1866. 

An Act to incorporate the monson granite company. Chap. 1 79 

Be it enacted, §'c., as follows : 

Section 1. William N. Flynt, Horatio Lyon, Cyrus W. corporators. 
Holmes, their associates and successors, are hereby made a 
24 



130 



1866.— Chapter 180. 



Purpose. 

Privileges and 
restrictioDS. 



May congtruct 
and use railway 
track, and con- 
nect same with 
Western Rail- 
road. 



May hold estate. 
Capital stock. 



corporation, by the name of the Monson Granite Company, for 
the purpose of quarrying and cutting stone in the town of 
Monson, or elsewhere in Hampden county ; with all the 
powers and privileges, and subject to all the duties, restric- 
tions 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 construct, maintain and 
use for the transportation of merchandise, a single railway 
track, upon such road or highway, in such manner and upon 
such conditions, as the selectmen of the town of Monson shall 
fix and determine, from its quarry in the town of Monson to 
some convenient point upon the track of the Western Railroad 
Corporation, and make a connection with said track conve- 
nient for the passage of cars, with the consent of said Western 
.Railroad Corporation. 

Section 3. Said corporation may hold real and personal 
estate, necessary and convenient for its business, but its whole 
capital stock shall not exceed one hundred thousand dollars, 
which shall be divided into shares of one hundred dollars 
each. 

Section -1. This act shall take effect upon its passage. 

Appi-oved April 23, 186G. 



Chap. 180 

Corporators. 



General priv- 
ileges and 
restrictions. 



May purchase 
and improve 
certain lands 
in Bo-: ton and 
Roxbury. 



Cities to approve 
draiuage. 



An Act to incorporate the union land company. 

Be it enacted, §'c., as folloios : 

Section 1. Winslow Lewis, Oliver Ames, Oakes Ames, 
their associates and successors, are hereby made a corporation, 
by the name of the Union Land Company, for the purposes 
hereinafter named ; 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 
applicable to such corporations. 

Section 2. Said corporation may purchase, improve, hold 
and convey the whole or any part of certain low lands lying 
between Northampton street and Washington street in the 
city of Boston, and Hunneman street and Davis street in the 
city of Roxbury, and may grade, drain, fill up with clean 
earth or gravel, and otherwise improve said lands, and may 
divide the same, or the proceeds thereof, among the stock- 
holders, after paying the debts of said corporation : provided, 
that the said lands shall not be filled in virtue of the powers 
herel)y granted, without the direction and consent of the 
cities of Boston and Roxbury respectively, so far as relates to 
the subject of drainage. 



1866.— Chapter 181. 131 

Section 3. Said corporation for the purpose of filling up May use ugh- 
the said lands may use all highways and streets adjacent Talfway^thereon 
thereto, and may thereon lay out, construct and use railways forfiuiugianda. 
of single or double track, and may continue the same through 
or over lands across which it may be desirable to transport 
earth or gravel for filling up the said lands, and may maintain 
the same so long as necessary for the said filling : provided, cities to approve 
that no such railway shall be constructed without the consent ^^ ^^^' 
of the cities of Boston and Roxbury, so far as the same may 
be constructed within the limits of said cities respectively ; 
and any party who shall suffer damage by anything done by Personal damage, 

,1 .. . e J.^ • J.- J.1 how recovered. 

the corporation in ijursuance oi this section, may recover the 
same of the corporation by suit in the superior court for the 
county within which the damage is alleged to have been 
caused, but such action shall be commenced within two years 
after such damage has accrued. 

Section 4. Said corporation is hereby authorized to fill ^}^7 contract for 

J^ "^ filling lands of 

up, grade and improve the lands owned by any other person, other parties. 
corporation or parties, situated within the boundaries 
described in the second section of this act, upon such terms 
and conditions as may be mutually agreed upon. 

Section 5. The capital stock of said corporation shall not capital stock *nd 
exceed five hundred thousand dollars, divided into shares of ^ ^^^^' 
one hundred dollars each ; and no shares shall be issued for 
a less sum or amount, to be paid in on each, than the par 
valine of the shares first issued. 

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

Approved April 23, 1866. 

Ax Act to incorporate the cohasset and scituate street QJid^n 131 

RAILWAY COMPANY. ^' 

Be it enacted, Sfc, as follows : 

Section 1. Joseph 0. Cole, John D. Nichols, Nathaniel corporators. 
H. Whiting, their associates and successors, are hereby made 
a corporation, by the . name of the Cohasset and Scituate 
Street Railway Company, for the purpose of constructing Porpose. 
and using a street railroad from some convenient point near 
the depot of the South Shore Railroad, in the town of Location. 
Cohasset, to some convenient point in J;hat part of the town 
of Scituate called Scituate Harbor ; with all the powers and Privileges and 
privileges, and subject to all the duties, liabilities and restric- 
tions set forth in all general laws which now are or may 
hereafter be in force relating to street railroads. 

Section 2. The capital stock of said corporation shall ^j^^^^f ''°*^*°* 
not exceed the sum of seventy-five thousand dollars, to be ^ * 
divided into shares of one hvmdred dollars each. 

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

Approved April 25,, 1866. 



132 



1866.— Chapter 182. 



Chap. 182 -^N Act to authorize the Worcester horse railroad company 

TO ISSUE PREFERRED STOCK. 



May increase 
capital stock. 



Stockholders' 
right of sub- 
scription. 



New issue to be 
called preferred 
stock : dividends 
may be semi-an- 
nual. 



BiTidends on old 

stock. 



Residue of sur- 
plus. 

Future divi- 
dends, bow paid. 



Mortgages con- 
firmed and fur- 
ther authorized. 



Exception. 



Meeting to be 
called : how 
notified. 



Issue of preferred 
stock, how au- 
thorized. 



New stock, how 
and irtien present 
stockholders may 
subscribe. 



Be it enacted, ^'c, as follows : 

Section 1. The Worcester Horse Railroad Company is 
hereby authorized to increase its capital stock by the addition 
of not exceeding seven hundred and fifty shares, each share 
to be of the par value of one hundred dollars. 

Section 2. Said new stock shall first be offered to the 
stockholders in said corporation who shall have the exclusive 
right to subscribe for the same, share for share, in proportion 
to the amount of old stock by them held, until the first day 
of September in the year eighteen hundred and sixty-six. 

Section 3. Said new stock, in the certificates issued 
therefor, shall be called preferred stock, and the directors of 
the company are authorized and empowered, out of the net 
earnings of said company, to declare and pay semi-annual 
dividends, not exceeding eight per cent, per annum, on said 
preferred stock ; to declare and pay out of the surplus, if 
any, of said earnings, semi-annual dividends upon the old 
stock not exceeding six per cent, per annum, and divide the 
residue, if any, of said earnings, equally among the shares 
of said stock, new and old ; and no dividend shall hereafter 
be declared and paid upon any other than said preferred 
stock, except the same shall be paid out of the net surplus 
earnings of said company, after the payment of the dividend 
of eight per cent, per annum on said preferred stock. 

Section 4. Said company is hereby authorized to sell, 
mortgage or lease its road and other property, and the mort- 
gages heretofore made and executed by said company, are 
hereby ratified and confirmed ; but no such mortgage, sale 
or lease is hereby ratified as against creditors who have 
attached the property of the corporation prior to the passage 
of this act. 

Section 5. A meeting of the stockholders shall be called 
within two months after the passage of this act, of which each 
stockholder shall be notified by written notice delivered to 
him in person, or sent to his residence by mail, postpaid, at 
least fourteen days before said meeting, which notice shall 
specify the object of the meeting, and have annexed to it a 
copy of this act. No preferred stock shall be issued, unless 
a majority of the whole capital stock shall consent thereto by 
vote at said meeting, or by written consent filed with the 
clerk of said corporation within three months after the 
passage of this act. 

Section 6. In case the corporation shall so decide by a 
vote or the written consent of two-thirds of the capital stock, 
the present stockholders, at any time before the first day of 



1866.— Chapters 183, 184, 185. 133 

August next, may subscribe for the said new stock, share for 
share, they paying the par vahie of one hundred dollars for 
such new stock, in such manner as the board of directors of 
the said company shall direct at the time of subscribing ; and 
on delivering up their certificates of old stock, they shall 
receive in lieii of one share of old stock and one share of new 
stock, a certificate of two shares of preferred stock. 
Section 7. This act shall take effect upon its passage. 

Approved April 25, 1866. 
An Act to extend the time for the location of the north amp- QJicip, 183 

TON AND WILLIAMSBURG STREET RAILWAY. ■* ' 

Be it enacted, §-c., as follows : 

Section 1. The time allowed for the location of the Extension to first 
Northampton and Williamsburg Street Railway 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 April 25, 18G6. 
An Act concerning the public library of the town of Chan. 184 

BROOKLINE. ^ 

Be it enacted, §'c., as follows : 

Section 1. The inhabitants of the town of Brookline are inhabitants may 
hereby authorized to make appropriations for the erection of TidTdi^!*"^^ ^°' 
a suitable library building and the purchase of land therefor. 

Section 2. The inhabitants of said town are authorized May appropriate 
to appropriate for the maintenance and increase of the public °^ * '^^^^' 
library of said town, a sum not exceeding two thousand 
dollars in each year. 

Section 3. This act shall take effect on and after its Act to be accept- 
acceptance by said town at any legal meeting called for that ^'^ ^^ ^°^"' 
purpose within two months from the passage of this act, at 
which the votes upon the acceptance or rejection shall be by 
ballot. Approved April 25, 1806. 



Chap. 185 



An Act in addition to "an act to incorporate the American 

BOARD of commissioners FOR FOREIGN MISSIONS." 

Be it enacted, Sfc, as follows : 

Section 1. All contracts and deeds which the American contracts and 
Board of Commissioners for Foreign Missions may lawfully duiy\°ln''ed"by 
make and execute, signed by the treasurer thereof, he having *^^^?'^"''"' *** ^^ 
first been duly authorized so to do, by a vote of the pruden- 
tial committee of said board, and sealed with the common 
seal of said corporation, shall be valid in law to all intents 
and purposes. 



134 1866.— Chapters 186, l87. 

Repeal. SECTION 2. So much of the third section of the act to 

incorporate said board, passed the twentieth day of June in 
the year eighteen hundred and twelve, as is inconsistent with 
the pro^dsions of this act, is hereby repealed. 

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

Approved April 25, 1866. 
Chap. 186 Ax Act to authorize the first parish in Brighton to sell its 

REAL ESTATE. 

Be it enacted, Sfc, as follows : 

May seu and SECTION 1. Thc First Parish in Brighton is hereby author- 

treasurer may . nni 1 11 ■ 1 . , "^ . 

convey. izcd to scil all the real estate belongnig to the parish, situated 

in said town, and the treasurer of the parish, for the time 
being, is authorized to execute a deed or deeds to convey the 
same. 

Shall invest pro- SECTION 2. Tlic Said parish shall invest the proceeds of 

ceeds in land and •ii-xi i n ijr»iT- -t, i 

erection of house, said salc lu the purchasc 01 a lot 01 land m said town, and 
the erection and maintenance of a house of worship thereon. 
Section 3. This act shall take effect upon its passage. 

Approved April 25, 1866. 

Chap. 187 An Act to authorize towns and cities to establish herring 

fisheries. 

Be it enacted, ^-c, as follows : 
Mayor and alder- SECTION 1. Tlic mayor and aldcrmcu of any city, and the 

men or selectmen i, n . • .^ • r^ ii i i 

may authorize selectmcii 01 auy town, in this Commonwealth, are hereby 
L^«o^'^ '*''^'^°' empowered to authorize, in writing, any three or more per- 
sons and their associates, to organize a corporation, with a 
capital stock of not less than one thousand, and not more 
than five thousand dollars, for the purpose of opening outlets, 
canals or ditches, for the introduction and propagation of 
herrings and alewives, in the ponds, creeks and rivers within 
the limits of such town or city, as aforesaid ; and said corpo- 
ration, when organized, shall have all the powers and privi- 
leges, and be subject to all the duties, liabilities and restric- 
tions set forth in the sixty-first chapter of the General 
Statutes, and in all general laws which now are or may 
hereafter be in force relating to corporations. 
Corporations may SECTION 2. Said corporatioiis may purchase and hold real 
hold real estate, q^^cj^^q neccssary for the purpose of opening outlets, canals, 
sluiceways or ditches, for the passage of herring and alewives 
to and from said ponds and other waters. 
Towns and cities SECTION 3. Towiis aiid citics, ill tlicir corporatc capacity, 
porate^powers on Diay opcii ditchcs, sluiccways or canals, into any ponds within 
fisheries. their liuiits, for the introduction and propagation of herrings 

and alewives, and for the creation of fishery for the same ; 
and the land for opening such ditches, sluiceways or canals, 



1866.— Chapter 188. 135 

within such town or city, may be taken under the provisions 
of the statutes which now regulate and limit the taking of 
land for highways and other purposes. 

Section 4. Any fishery so created by any town or city, such fisheries to 
shall be deemed to be the property of such town or city, and erty *oT*munid- 
such town or city may make any proper regulations concern- ^^ay'L'a^r.'^ '**^" 
ing the same, and may lease such fishery for a period not 
exceeding five years, upon such terms as may be agreed upon 
between such town or city and the lessees of the same. And 
any town may lease for a like period, and upon like terms, 
any fishery now owned by such town, or any public fishery 
which has heretofore been regulated and controlled by such 
town. 

Section 5. No person without the permission of such town no person not 
or city, or of the lessees of such fishery, in any fishery created ^^!^°orcoTpo- 
by such town or city, or in any fishery created by any corpo- gg^'°'*' '° ^^^ 
ration, without the permission of said corporation, shall take, 
kill or haul on shore any herrings or alewives, in any fishery 
so created by any to^vn, city or corporation, for the introduc- 
tion and propagation of herrings or alewives. 

Section 6. Whoever violates any of the provisions of the Penalty for vioia- 
preceding section, shall forfeit and pay a sum not less than 
five nor more than fifty dollars, for each offence, to be 
recovered by prosecution before any court competent to try 
the same. 

Section 7. All prosecutions under the preceding section Prosecutions. 
shall be instituted within thirty days from the time the 
offence was committed. 

Section 8. Nothing contained in this act shall be held to Accrued rights, 
impair the rights of any person under any law heretofore personal not 
passed, or to deprive any person of any right under any ^p'^"^^*- 
contract now existing, or to authorize any town, city or cor- 
poration to enter upon or build any canals or sluiceways into 
any pond which is the private property of any individual or 
corporation. 

Section 9. This act shall take effect upon its passage. 

Approved April 25, 1866. 
An Act to authorize the city of bostox to build a bridge Cfiaj). 188 

ACROSS FORT POINT CHANNEL. "^ 

Be it enacted, ^-c, as follows : 

The city of Boston is hereby authorized to build a bridge May buiid at 
' across Fort Point Channel, at the place where Broadway, if ana maf "drive 
continued m a straight line, or nearly a straight line, from p^'^s in channel. 
South Boston to Boston proper, would cross said channel, and 
for that purpose may drive piles in said channel, necessary 



136 1866.~Chapter 189. 

therefor, and also for such draw piers as may be deemed 

expedient and proper for the public welfare and its own con- 
shaii provide vcniencc ; and said bridge, so constructed, shall be provided 
and"attena'lame^ witli good and Suitable draws, which said city shall open and 

close at all times for the accommodation of vessels having 
Pile lines. occasiou to pass the same ; and the lines of the piles of the 

structure shall be driven in the direction of the current : 
Proviso: harhor provicled, hoivevev, that this structure shall be erected under 

commissioners to,, -,. .. -, .. o l^ ^ i/>ii 

direct structure, thc dircctiou and supcrvisioii 01 the board oi narbor commis- 

UDU^^^stltes''^ sioners, and in such manner as in the opinion of said commis- 

commissionera. sioucrs shall be in accordance with the mode of construction 

described and recommended in the seventh report of the 

United States Commissioners on Boston Harbor, made to the 

city of Boston in the year eighteen hundred and sixty-four. 

Approved April 25, 1866. 

Chap. 189 An Act in relation to agricultural societies. 

Be it enacted, ^r., as follows : 
Society, not now SECTION 1. No agricultural society not drawing bounty 

having bountv, . ini pi •ii -i ^ 

to have grounds from tlio statc, sliall liereaiter be entitled to such bounty, as 

twelve miles from n j- i, -j.* j.- £. i. c i.^ r\ ^ 

those of other allowcd lu Chapter sixty-six, section first, oi the General 
society. Statutes, in case the grounds and buildings for holding exhi- 

bitions of said society are within twelve miles of the grounds 
and buildings of any other society now by law entitled to such 
bounty. 
Delegate to state SECTION 2. Any agricultural society publishing its trans- 
tiedTto eied;.*" ' actious aiid making its returns to the secretary of the board 
of agriculture, as provided in chapter sixty-six, section fifth, 
of the General Statutes, shall be entitled to a delegate to said 
board, under the provisions of chapter sixteen of the General 
Secretary of Statutcs ; and it shall be the duty of the secretary of said 
society.'* °° ' ^ board to notify any society which has complied with the above 
requirements, that it is empowered to choose the delegate 
aforesaid. 
Board may fix SECTION 3. The statc board of agriculture shall have power 
exhibition days. ^^ ^^ ^^^^ ^^^^^ ^^^ wliich tlic agricultural societies shall com- 
mence their annual exhibitions. 
Bristol Central SECTION 4. Thc Bristol couiity central agricultural society 
socteYy.** bounty .^ ^ercby dcclarcd to be entitled to all the benefits and privi- 
leges, and subject to all the duties and liabilities, of other 
agricultural societies receiving bounties from the Common- 
wealth. 
Repeal. SECTION 5. All acts and parts of acts inconsistent with 

this act are hereby repealed. Approved April 25, 1866. 



1866.— Chapters 190, 191, 192. 137 

An Act concerning the fees of deputy sheriffs. Chap. 190 

Be it enacted, §'c., as follows : 

Section 1. There shall hereafter be paid for the attendance Pay for attend- 
of a deputy sheriff upon the supreme judicial court, the deflned.*^ *'*^^^ 
superior court, or a meeting of the county commissioners, by 
their order, three dollars a day ; and for travel out and home 
once a week during the attendance, five cents a mile, to be 
paid out of the county treasury. 

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

Approved April 25, 1866. 

An Act to confirm certain acts done by george f. mclellan, QJiap. 191 

AS A commissioner FOR MASSACHUSETTS IN THE DISTRICT OF * * 

COLUMBIA. 

Be it enacted, ^'c, as follows : 

Section 1. All acts done by George F. McLellan, esquire, Acts from Aug., 
of Washington, in the district of Columbia, as a commissioner confirmtd."'' ^ ' 
for Massachusetts in said district, between the twenty-second 
day of August in the year one thousand eight hundred and 
sixty-five, and the tenth day of April in the year one thou- 
sand eight hundred and sixty-six, 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 25, 1866. 
An Act to provide for the appointment of a commissioner of Chap. 192 

SAVINGS banks. -* ' 

Be it enacted, §'c., as folloios : 

Section 1. A commissioner of savings banks shall be Governor to ap- 
appointed by the governor, with advice and consent of the defiLVd. *^°"'^* 
council, and subject to removal in like manner. He shall * 
hold office for the term of three years, unless sooner removed. 
Upon the occurrence of a vacancy before the expiration of a 
term, an appointment shall be made for the remainder of the 
term. 

Section 2. Before entering on the duties of his office the shaii visit banks, 
commissioner shall be sworn. He shall visit every savings uonTand m°ake 
bank and institution for savings, incorporated by authority of ^^co^dofproceed- 
this state, once in every year, and as much oftener as lie may 
deem expedient. At such visits he shall have free access to 
the vaults, books and papers, and shall thoroughly inspect 
and examine all the affairs of each of said corporations, and 
make such inquiries as may be necessary to ascertain its con- 
dition, ability to fulfil all its engagements, and whether it has 
complied with the provisions of law. He shall preserve in a 
25 



138 1866.— Chapter 192. 

permanent form a full record of his proceedings, including a 
statement of the condition of each of said corporations. 
May summon SECTION 3. The Commissioner may summon all trustees, 

wi nesse . officGrs or agcuts of any such corporation, and such other 

witnesses as he thinks proper, in relation to the affairs, trans- 
actions and condition of such corporation, and for that pur- 
penaity for non- posc may administer oaths ; and whoever refuses without 
strucuon!^°"'°''' justifiable cause to appear and testify when thereto required, 
or obstructs said commissioner in the discharge of his duty, 
shall be punished by a fine not exceeding one thousand 
dollars, or imprisonment for a term not exceeding one year. 
Shall examine SECTION 4. If any fivc or morc persons, who are officers, 

of paXes'm"^^ trustces, crcditors or depositors of any such corporation, shall 
mterest. make and sign a certificate under oath, setting forth their 

interest, and the reasons for making such examination, 
directed to the commissioner, requesting him to examine 
such corporation, the commissioner shall proceed forthwith 
and make a full investigation of the affairs of such corporation 
in the manner before provided. 
May apply to jus- SECTION 5. If upou examination of any such corporatiou, 
ci?i cou7t°for"iu- the commissioner is of opinion that the same is insolvent, or 
■tarnlases!" ""' that its couditiou is such as to render its further proceeding 
hazardous to the public or those having funds in its custody, 
he shall apply, or if upon such examination he is of opinion 
that such corporation has exceeded its powers or failed to 
comply with any of the rules, restrictions or conditions pro- 
vided by law, he may apply to one of the justices of the 
supreme judicial court to issue an injunction to restrain such 
corporation in whole or in part from further proceeding with 
"'osb'm ThJii'^be ^^^ business until a hearing can be had. Such justice may 
needful. ^ forthwith issuc process for such purpose, and after a full 
hearing of the corporation, may dissolve or modify the 
injunction, or make the same perpetual, and make such 
orders and decrees to suspend, restrain or prohibit the further 
prosecution of the business of the corporation, as may be 
needful in the premises, according to the course of proceed- 
May appoint re- ings ill cquity ; and he may appoint one or more receivers or 
teelTo act under trustccs to take possessioii of the property and effects of the 
order of court, corporation, subject to such rules and orders as may from 
time to time be prescribed by the supreme judicial court, or 
any justice thereof in vacation. 
Commissioner to SECTION 6. The commissioncr shall annually, on or before 
tery^nnuany!"^' thc first day of Jauuary, make a report to the secretary of 
the Commonwealth of the general conduct and condition of 
each of the corporations visited l)y him, making such sugges- 
tions as he deems expedient. Such report shall be printed 



1866.— Chapter 193. 139 

Tinder the direction of the secretary, and laid before the 
legislature at its next session. 

Section 7. If in the opinion of the commissioner, any shaii report rio- 
such corporation, or its officers or trustees, shall be found to secretery to^noti- 
have violated any law in relation to savings banks or institu- fx^a.ttorney-gen- 
tions for savings, he shall forthwith report the same to the 
secretary of the Commonwealth, with such remarks as he 
deems expedient; the secretary shall notify the attorney-gen- 
eral thereof, who shall forthwith institute a prosecution for 
such violation, in behalf of the Commonwealth. 

Section 8. The commissioner shall exercise all the pow- commissioner to 

-, f, n ji 1 i- • 1 ^ 1 1 • hare functions of 

ers, and pertorm all the duties required oi bank commis- former board, 
sioners under the fifty-seventh chapter of the General 
Statutes, and subsequent acts relating to banks of discount, 
authorized by the laws of this Commonwealth ; but said com- 
missioner shall not be required to visit such banks except 
when he shall deem it necessary. 

Section 9. The commissioner shall receive a salary of salary. 
three thousand dollars, and no allowance or compensation 
shall be made for clerk hire, nor for travelling or other 
expenses. 

Section 10. The returns of savings banks and institutions Returns of sav- 

« • • ^ ^ ^ 1. nPi. x" i '°gs banks, an- 

lor savings required by chapter hity-seven, section one hun- nuai. 
dred and forty-eight, of the General Statutes, shall hereafter 
be made to the commissioner, and said commissioner shall 
perform all the duties respecting returns required by the 
secretary in section one hundred and forty-nine of the same 
chapter. 

Section 11. This act shall take effect upon its passage. 

Approved April 30, 1866. 
An Act ix relation to the fees of magistrates in certain Qfidj)^ 193 

CASES. 

Be it enacted, &•€., as follows : 

Section 1. Section forty-eight of chapter one hundred and Approving sure- 
twenty-four of the General Statutes is so far amended that cognha^ce°^ard 
the fees for approving sureties and taking a recognizance Mnotlc™'"*""" 
after arrest, shall be one dollar and fifty cents ; and the same 
fee shall be paid if the sureties are refused by the magistrate ; 
for an examination, three dollars for each day spent therein : 
for any notice or certificate required to be made or issued by 
the magistrate under said chapter, the fee shall be one dollar. 

Section 2. The fee for taking the acknowledgment of a Executing deed, 
deed, and also the fee for administering an oath required by oathoutofcouTt^ 
law, except in a trial or examination before the magistrate 



UO 1866.— Chapters 194, 195, 196. 

himself, whether to one or more persons at the same time, 
shall be twenty-five cents. 

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

Approved April 30, 1866. 

Chap. 194 An Act in relation to the seventh congressional district. 

Be it enacted, Sfc, as follows : 
made pfrfo^/to" SECTION 1. The town of Hudson, until otherwise provided 
trict. by law, shall constitute a part of the seventh congressional 

district, and the voters of that town shall have the right to 
vote for a representative in congress, within the limits of that 
town, at meetings legally called for that purpose. 
boSh'^an"^" Section 2. The census of the legal voters of the town of 
Hudson appor- Marlborough, taken the first day of May in the year one 
thousand eight hundred and sixty-five, shall be apportioned 
as follows : eight hundred and forty-nine to the town of 
Marlborough, and three hundred and thirty-three to the town 
of Hudson. 

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

Approved April 30, 1866. 

Chap, 195 An Act in relation to the annual reports of towns and 

cities. 
Be it enacted, ^'c, as folloios : 

tosuteubrarian'! SECTION 1. Ouc copy or moro of the annual report, or of 
any special report relating to income, expenditures or other 
municipal affairs of any city or town, shall be returned by the 
clerk thereof, on or before the last day of April in each year, 
to the state librarian, to be deposited and preserved in the 
state library. 

Penalty for fail- SECTION 2. If any city Or town shall neglect or refuse to 
make the return required in the first section of this act, such 
city or town shall thereby forfeit its share of the publications 
hereafter to be distributed by authority of the Commonwealth, 
and said publications shall be withheld until the provisions of 
this act are complied with. 

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

Approved April 30, 1866. 
Chap. 196 An Act in relation to taxation of shares in corporations 

FOR SCHOOL DISTRICT AND PARISH PURPOSES. 

Be it enacted, §'c., as folloios : 

^^to^ b'f c'^on'^ Section 1. Nothing contained in chapter two hundred and 

strued not to eight of thc acts of the year eighteen hundred and sixty-four, 

exemp owners. ^^ .^^ chapter two hundred and eighty-three of the acts of the 

year eigliteen hundred and sixty-five, sliall be construed to 

exempt the owners of shares in the capital stock of any cor- 



1866.— Chapters 197, 198. 141 

poration from liability to taxation for school district and 
parish purposes. 

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

Approved April, 30, 1866. 
An Act to exempt disabled soldiers and sailors from paying QJian, 197 

FOR peddlers' licenses. ■^* 

Be it enacted,, §t., as follows : 

The secretary of the Commonwealth is hereby authorized secretary, upon 
to grant a special license to any disabled soldier or sailor may grant special 
belonging to this Commonwealth, according to the provisions ^'=®°^^- 
of the twentieth section of the fiftieth chapter of the General 
Statutes, without the payment of any sum therefor, upon 
satisfactory evidence of the identity of such soldier or sailor, 
and that he is wholly or partially disabled by reason of 
wounds received in the service of the United States, or by 
sickness or disability contracted therein, and has received an 
honorable discharge from said service. 

Approved April 30, 1866. 

An Act to establish a^state work-house. Chan. 198 

Be it enacted, Sj-c, as follows: 

Section 1. A state work-house shall be established at shaii be at 
Bridgewater. So much of the state almshouse there situate portk.n''oraims- 
as in the judgment of the board of state charities is necessary, ^°"l^ ■^'"^ ^® 
shall be devoted to this purpose ; such alterations may be 
made therein and such additions be made thereto as said 
board shall think advisable for the purpose of carrying into 
effect the provisions of this act. 

Section 2. The superintendent of said almshouse shall be Master of work- 
master of the work-house, appointing his assistants and fixing ^°'^^^' 
their compensation, subject to the approval of the board of 
inspectors of said almshouse, who shall be ex officio inspectors inspectors. 
of the work-house. The master shall make any and all rules Rules of institu- 
for the government of said institution, to be approved by the *'°°" 
governor and council, and shall have the management and 
control of said work-house and its operations, and with the 
approval of said board of inspectors may make contracts for 
the labor of the inmates of said work-house. The board of inspectors shaii 
inspectors shall visit the work-house once each month, and wportTiL/any. 
one of them shall visit the same each week ; and said board 
shall annually, before the fifteenth of October, report the 
condition of said work-house to the governor and council, 
and shall audit and approve all bills before payment of the 
same. 

Section 3. The board of state charities shall have a gen- Board of chan- 
eral supervision of the work-house ; they shall have the same pervi^on*^* *"* 



142 1866.— Chapter 198. 

power of discharging persons therein confined for any cause, 
that the overseers of houses of correction have in those insti- 
tutions : there shall also be vested in said board of state 
charities all the powers not herein given to the master and 
board of inspectors, which overseers of the poor have in 
relation to town work-houses. 
Expenses and re- SECTION 4. The cxpeuscs of the work-housc shall be paid 
ceipts. from the annual appropriation for the support of the state 

almshouse at Bridgewater : the receipts for the work-house 
for labor shall be paid quarterly into the state treasury: 
Accounts to be separate accounts shall be kept of the expenses of the 
separate. almshousc and work-house departments. 

Inmates of char- SECTION 5. Any inmate of either of the state almshouses 
c7rtainf'may°b'e or of the Raiusford Island hospital, who comes within any of 
wwk°house.° the descriptions of persons contained in General Statutes, 
chapter one hundred and sixty-five, section twenty-eight, may, 
on conviction thereof before a trial justice or police court, be 
sentenced to said state work-house for a term not less than 
Proceedings pre- six mouths uor morc than three years : the complaint shall 
Bcnbed. -^^ g^^^l^ cases be made and prosecuted by the general agent 

of the board of state charities or some person under his direc- 
tion, and on request of said board or its agent, the magistrate 
or court shall suspend the issue of a mittimus in any such 
Penalty of escape casc. Any pcrsou SO scntenccd, escaping or attempting to 
con^ct™^' ^^ escape, may be pursued and reclaimed, and upon conviction 
thereof, shall be punished by confinement in the work-house 
for not less than six months in addition to the previous 
sentence. 
Inmates of re- SECTION 6. On application of tlic trustccs of the reform 
indust^^sc'hoo'is school for boys, of the nautical school, or of the industrial 
red^o Vo?k°-^*^'^" school for girls, the board of state charities may cause any 
house. inmate of either of said institutions whom said trustees deem 

incorrigible or unfit subjects for said institutions, to be trans- 
ferred with the mittimus to the state work-house, the master 
of which is hereby authorized to hold such persons on said 
mittimus till the term of sentence expires. 
Governor may SECTION 7. His excellcncy tlic govcmor is hereby author- 
tke°in vicinity"of izcd to dcsiguatc and commission a suitable person to act as 
hl'^e'TurisdicHon trial justicc, from each of the towns of Bridgewater, Palmer 
under sect. five, and Tcwksbury, or their immediate vicinity, who shall take 
cognizance of all complaints under the fifth section of this 
act, and any warrant or mittimus issued by said justices shall 
be served by a deputy constable of the Commonwealth when- 
ever practicable. 
Fee of justice de- SECTION 8. The justiccs designated under section seven 
^"^*' shall receive a fee of one dollar for each case brought before 



1866.— Chapter 199. 143 

them, and no other fee or compensation whatsoever ; and no Extra pay for 
person receiving a regular salary or compensation from the forblaaen!^^"'"^^'^ 
Commonwealth shall receive any additional pay for any 
services performed under this act. The expense attending Expense of trial 
the trial of an inmate of any state institution, as provided by ^"rki^use!^^ ^ 
this act, shall be paid from the appropriation for said institu- 
tion, and the cost of removing parties sentenced to the state 
work-house shall be paid from the ai^propriation for the 
transportation of state paupers. 

Section 9. The sum of five thousand dollars is hereby Alterations in 
appropriated for the necessary alterations in the state alms- propriauln for 
house at Bridgewater, authorized by this act to be expended authorized, 
by the superintendent and inspectors in accordance with the 
provisions of the first section of this act, and the same shall 
be allowed and paid ; and the said superintendent and 
inspectors shall be authorised to expend for the same purpose 
any surplus that may remain of the current expenses for the 
year one thousand eight hundred and sixty-six. 

Section 10. Nothing contained in this act shall affect any Act not to affect 
powers or privileges heretofore granted to cities or towns, or andTownl "^'"^ 
the overseers of the poor thereof, by acts specially relating to 
the state almshouses, and the sending of state paupers 
thereto. 

Section 11. This act shall take effect upon its passage. 

Approved April 30, 1866. 

An Act to revise and consolidate the charter of the city of /^i,^^ i qq 

WORCESTER. u/iap. iyy 

Be it enacted, Sj-c, as follows : 

Section 1. The inhabitants of the city of Worcester shall inhabitants to 
continue to be a body politic and corporate, under the name pomicand^orlfo^ 
of the city of Worcester, and as such shall liave, exercise and ''^'e- 
enjoy all the rights, immunities, powers and privileges, and 
shall be subject to all the duties and obligations now incum- 
bent upon, and appertaining to, said city as a municipal 
corporation. 

Section 2. The administration of all the fiscal, prudential Gorernment: 
and municipal affairs of said city, with the government thereof, Tn'd "cimmo™^'* 
shall be vested in one principal officer, to be styled the ^°^^'^^- 
mayor ; one council of eight, to be called the board of alder- 
men ; and one council of twenty-four, to be called the com- 
mon council, which boards, in their joint capacity, shall be 
denominated the city council ; and the members thereof shall shaii be swom. 
be sworn to the faithful performance of the duties of their 
respective offices. A majority of each board shall constitute Quorum. 
a quorum for the transaction of business, and no member of 
either board shall receive any compensation for his services. 



144 1866.— Chapter 199. 

Wards of city SECTION 3. It sliall be tliG diitv of the city council, in the 

council to estab- • i , i t t t , c i • i 

ush in '75, and jcar eighteen nunared and seventy-rive, and in every tenth 

a ter decennially. ^^^^ thereafter, and not oftener, to revise, and if it be needful, 
make a new division of the city into eight 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 

Existingwardsto said ycars *, and until such new division be made, the 

remain. bouiidary lines of the wards shall remain as now established. 

Annual election. SECTION 4. The elcctioii of city aud ward officers shall 
take place on the second Monday of December of each year, 

Municipal year, aiid the municipal year shall begin on the first Monday of 
January following. 

Election of ward SECTION 5. On the sccond Moudav of December, annually, 

officers 

there shall be chosen by ballot, in each of said wards, a 
warden, clerk and three inspectors of elections, residents of 
the wards in which they are chosen, who shall hold their 
offices for the municipal year next following, and until others 
shall have been chosen in their places and qualified to act ; 

Adjournment of and ill casc of a failure to elect any one or more of said offi- 

^'^faiufre!'^ '^^^^ ccrs at tlic aiiiiual meeting of any of said wards, then said 
ward meetings may be adjourned from time to time, until 

Presiding officers sucli clectiou is complctcd. It sliall be the duty of such 
war mee ing. .^^^^jg^-^ ^^ preside at all ward meetings, with the powers of 
moderator of town meetings. And if, at any such meeting, 
the warden shall not be present, the clerk of such ward shall 
call the meeting to order, and preside until a warden jpro 
tempore shall be chosen by ballot. And if, at any meeting, 
the clerk shall not be present, a clerk pro tempore shall be 

Clerk of ward, choscu by ballot. The clerk shall record all the proceedings, 
and certify the votes given, and deliver over to his successor 
in office all such records and journals, together with all other 

Inspectors. documeuts and papers held by him in said capacity. It shall 
be the duty of the inspectors of elections to assist the warden 

Oaths of ward ij^ rccciving, assorting and counting the votes. And the 

officers. &' . o » 11, .1 

warden, clerk and inspectors so chosen shall respectively 
make oath faithfully and impartially to discharge their sev- 
eral duties relative to all elections, which oath may be admin- 
istered by the clerk of such ward to the warden, and by the 
warden to the clerk and inspectors, or by any justice of the 
Certificate of pcacc for tlic couuty of Worccstcr. A certificate that the 
oath has been taken shall be entered upon the records of the 
ward by the clerk thereof. 
Warrants for SECTION 6. All Warrants for the meetings of the citizens 

mee ings. ^^^ muiiicipal purposGS, to be held either in wards or in gen- 

eral meetings, shall be issued by the mayor and aldermen, 



1866.— Chapter 199. U5 

and shall be in such form, and shall be served, executed and 
returned in such manner and at such time, as the city council 
may by any by-law direct. 

Section 7. The mayor and aldermen are authorized, ^ajd rooms, lo- 

•', />iiT T • cation of in cer- 

when no convenient ward room tor lioiding ward meetings tain contingency. 

of the citizens of either of the wards of the city can be had 

within the territorial limits of such ward, to appoint and 

direct, in the warrants for calling the ward meetings of such 

wards, the said meetings to be held in some convenient and 

proximate place within the limits of any other of the wards 

of said city ; and, for such .purposes, the place so assigned 

for the meeting of such ward shall be deemed and taken to 

be included in and part of said ward, as though the same 

was within the territorial limits thereof. 

Section 8. The mayor shall be elected by the qualified Mayor, how chos- 
voters of the city at large, voting in their respective wards, 
and sliall hold his office for the municipal year next following 
his election, and until another shall be elected and qualified 
in his place. 

Section 9. Eisrht aldermen, one alderman being selected AWermen, num- 

^ D6r now cnosGii 

from each ward, shall be elected by the qualified voters of and tenure, 
the city at large, voting in their respective wards, who shall 
hold their offices for one year from the first Monday of Jan- 
uary next following their election, and until a majority of 
the new board shall be elected and qualified in their places. 

Section 10. Three common councilmen shall be elected gi°""ioJ|",ggi'. 
from and by the voters of each ward, who shall, at the time dence ' and 
of their election, be residents of the wards respectively in 
which they are elected, and shall hold their offices for one 
year from the first Monday of January next following their 
election. 

Section 11. On the second Monday of December annually. Annual election: 
the qualified voters in the several wards shall give in their "nd'^couucii^i^n"' 
votes by ballot for mayor, aldermen and common councilmen, 
in accordance with the provisions of this act ; and all the 
votes so given shall be assorted, counted, declared and 
recorded in open ward meeting by causing the names of 
persons voted for, and the number of votes given for each, 
to be written in the ward record at length. The clerk of certificates of 
the ward, within twenty-four hours after such election, shall wardcierns. 
deliver to the persons elected members of the common 
council, certificates of their elections, respectively, signed by 
the warden and clerk, and by a majority of the inspectors of 
elections, and shall deliver to the city clerk a copy of the 
record of such elections, certified in like manner : provided, Proviso. 
however, that if the choice of members of the common council 
26 



U6 



1866.— Chapter 199. 



Mayor elect to be 
notified. 



Proceedings in 
case of failure to 
elect. 



Mayor, yacancy 
in o£Bce, how 
flUed. 



Aldermen, ya- 
cancies, how 
filled. 



Notice of elec- 
tion. 

Oath of mayor. 



Aldermen and 
council, oaths 
of. 



Record, in case 
mayor is not 
elected. 



Organization of 
council. 



shall not be effected on that day, in any ward, the meeting in 
such ward may be adjourned, from time to time, to complete 
such election. The board of aldermen shall, as soon as 
conveniently may be, examine the copies of the records of 
the several wards, certified as aforesaid, and shall cause the 
person who shall have been elected mayor to be notified, in 
writing! of his election ; but if it shall appear that no person 
has received a majority of the votes, or if the person elected 
shall refuse to accept the office, the board shall issue war- 
rants for a new election, and the same proceedings shall be 
had, in all respects, as are herein before provided for the 
choice of mayor, and, from time to time, shall be repeated, 
until a mayor shall be chosen, and shall accept said office. 
In case of the decease, resignation or absence of the mayor, 
or of his inability to perform the duties of his office, it shall 
be the duty of the board of aldermen and the common 
council, respectively, by vote, to declare that a vacancy exists, 
and the cause thereof; and, thereupon, the two boards shall 
meet in convention, and elect a mayor to fill such vacancy ; 
and the mayor thus elected shall hold his office until the 
inability causing such vacancy shall be removed, or until a 
new election. If it shall appear that the whole number of 
aldermen have not been elected, the same proceedings shall 
be had as are herein before provided in regard to the choice 
of mayor. Each alderman shall be notified in writing of his 
election, by the mayor and aldermen for the time being. 

The oath prescribed by this act shall be administered to 
the mayor by the city clerk, or by any justice of the peace for 
the county of Worcester. 

The aldermen and common councilmen elect shall, on the 
first Monday of January, at ten o'clock in the forenoon, meet 
in convention, when the oath required by this act shall be 
administered to the members of the two boards present, by 
the mayor, or any justice of the peace for the county of Wor- 
cester ; and a certificate of such oath having been taken shall 
be entered on the journal of the mayor and aldermen, and of 
the common council, by their respective clerks. 

And whenever it shall appear that a mayor has not been 
elected previously to the first Monday of January aforesaid, 
the mayor and aldermen, for the time being, shall make a 
record of that fact, an attested copy of which the city clerk 
shall read at the opening of the convention, to be holden as 
aforesaid. 

After the oath has been administered as aforesaid, the two 
boards shall separate, and the common council shall be 
organized by the choice of a president and clerk, to hold 



1866.— Chapter 199. 147 

their offices, respectively, during the pleasure of the common 
council ; the clerk to be under oath faithfully to perform the 
duties of his said office. 

In case of the absence of the mayor elect on the first Mon- organizaHon in 
day of January, or if a mayor shall not then have been elected, ma^or* 
the city council shall organize itself in the manner herein 
before provided, and may proceed to business in the same 
manner as if the mayor were present ; and the oath of office 
may, at any time thereafter, in convention of the two boards, 
be administered to the mayor, and any member of the city 
council who may have been absent at the organization. 

In the absence of the mayor the board of aldermen may chairman of 
choose a presiding officer, pro tempore^ who shall also preside tempore. ' 
at' joint meetings of the two boards. Each board shall keep ^^""^'^ °' 
a record of its own proceedings, and judge of the elections of 
its own members ; and in case of failure of election, or in vacancies, 
case of vacancy, declared by either board, the mayor and 
aldermen shall issue their warrants for a new election. 

Section 12. The mayor shall be the chief executive offi- ^nY*ditfM'd" 
cer of the city. It shall be his duty to be vigilant and active fined. 
in causing the laws and regulations of the city to be enforced, 
and to keep a general supervision over the conduct of all 
subordinate officers. And he may, whenever in his opinion 
the public good may require, remove, with the consent of the 
appointing power, any officer over whose appointment he 
has, in accordance with the provisions of this charter, 
exercised the power of nomination. 

He may call special meetings of the boards of aldermen 
and common council, or either of them, when, in his opinion, 
the interests of the city require it, by causing notices to be 
left at the usual place of residence of each member of the 
board or boards to be convened. 

He shall, from time to time, communicate to both boards 
such information, and recommend such measures, as the 
business and interests of the city may, in his opinion, require. 

He shall preside in the board of aldermen, and in conven- 
tion of the two boards, but shall have a casting vote only. 

The salary of the mayor shall be fixed by the city council, sai»ry- 
and made payable at stated periods, but shall not at any time 
exceed fifteen hundred dollars, nor shall it be increased or 
diminished during the year for which he is chosen. 

Section 13. The executive power of said city generally. General execn- 
and the administration of the police, with all the powers edln^mayor'^ 
heretofore vested in the selectmen of Worcester, shall be *''*«"""»• 
vested in, and may be exercised by the mayor and aldermen, 
as fully as if the same were herein specially enumerated. 



148 



1866.— Chapter 199. 



Appointments, 
police. 



May require 
bonds. 



Shall hare cue- 
tody of public 
property. 



Shall publish 
receipts and 
expenditures, 
with property 
and debts. 



Shall hare juris- 
dietioa over Mill 
Brook. 



Damages, how 



Mayor to haye 
office nominatiog 
power. 



Incompatible 
offices. 



Sittings of city 
council, except 
executiye, to be 
public. 



Treasurer, city 
clerk, water com- 
missioner, com- 
missioner of high- 
ways, solicitor, 
auditor and city 
physician, coun- 
cil to elect. 



The mayor and aldermen shall have full and exclusive 
power to appomt a constable or constables, and a city marshal 
and assistants, with the powers and duties of constables and 
all other police officers, and the same to remove at pleasure. 
And the mayor and aldermen may require any person, who 
may be appointed marshal or constable of the city, to give 
bonds for the faithful discharge of the duties of the office, 
with such security, and to such amount, as they may deem 
reasonable and proper, upon which bonds the like proceedings 
and remedies may be had, as are by law provided in case of 
constable's bonds taken l)y the selectmen of towns. 

The mayor and aldermen shall have the care and superin- 
tendence of the city buildings and the custody and manage- 
ment of all city property, with power to let or to sell what 
may be legally sold, and to purchase property, real or per- 
sonal, in the name and for the use of the city, whenever its 
interest or convenience may, in their judgment, require it. 
And the mayor and aldermen shall, as often as once a year, 
cause to be published, for the use of the inhaliitants, a par- 
ticular account of the receipts and expenditures, and a 
schedule of city property and of the city debts. 

The mayor and aldermen shall have power to fix the 
boundaries of Mill Brook, in said city, between the factory 
buildings formerly of Rice, Fox and Company and Grove 
Mills, and to alter, change, widen, straighten and deepen 
the channel thereof, and remove obstructions therefrom, as 
the public good may require. And any damages sustained 
by any person in his property by reason thereof, shall be 
assessed in the same manner, and upon the same principles, 
as damages are assessed in the laying out of town ways. 

Section 14. In all cases in which appointments are 
directed to be made by the mayor and aldermen, the mayor 
shall have the exclusive power of nomination, being subject, 
however, to confirmation or rejection by the board of alder- 
men ; and no person shall be eligible by appointment or 
election to any office of emolument, the salary of which is 
payable out of the city treasury, who, at the time of such 
appointment or election, shall be a member of the board of 
aldermen or of tlie common council. All sittings of the 
mayor and aldermen, of the common council and of the city 
council, shall be public, when they are not engaged in execu- 
tive business. 

Section 1.5. The city council shall annually, as soon after 
their organization as may be convenient, elect, by joint ballot 
in convention, a treasurer and collector of taxes, city clerk, 
water commissioner, commissioner of highways, city solicitor, 
city auditor and city physician, who shall hold their offices 



1866.--CHAPTER 199. U9 

respectively for the term of one year, and until their succes- 
sors shall be chosen and qualified : provided, however, that Remorai. 
either of the officers named in this section may be removed 
at any time by the city council, for sufficient cause. 

Section 16. The city council shall, in the month of chief engineer of 

ii'-iii' • ^^^ department 

December, annually, elect by joint ballot, in convention, a and assistants. 
chief engineer of the fire department, and as many assistant 
engineers, not exceeding six, as they may deem expedient, 
who shall hold their offices for the term of one year from the 
first Monday of January next ensuing, and until their suc- 
cessors are chosen and qualified. 

The compensation of all officers named in this and the compensation of 
preceding section shall be fixed by concurrent vote of the ° ''^^' 
city council. 

Section 17. The city clerk shall also be clerk of the board J>j^*y of city 
of aldermen, and shall be sworn to the faithful performance 
of his duties. He shall perform such duties as shall be pre- 
scribed by the board of aldermen ; and he shall perform all 
the duties, and exercise all the powers by law incumbent 
upon him. 

He shall deliver to his successor in office, as soon as chosen 
and qualified, all journals, records, papers, documents or other 
things held by him in his capacity of city clerk. 

Section 18. The city council shall, in such manner as Appointment of 
they shall determine, appoint or elect all other subordinate cers""^ °* 
officers, for whose election or appointment other provision is 
not herein made, define their duties and fix their compensa- 
tions. 

Section 19. The city council shall take care that no Payments from 
money be paid from the treasury, unless granted or appro- *"^^^'"^- 
priated, and shall secure a just and proper accountability by 
requiring bonds, with sufficient penalties and sureties, from 
all persons interested with the receipt, custody or disburse- 
ment of money. 

Section 20. The city council shall have power to lay out Laying out side- 
sidewalks, and fix the width, height and grade of the same, ^^ 
and require all persons owning land abutting on such side- 
walks to pave the walks with brick, stone or concrete, and to 
keep the same in good repair, as they may direct, the city 
first setting the curbstones and paving the gutters ; and in 
case any person, owning land as aforesaid, shall neglect or 
refuse to comply with the requirements of the city council 
after receiving due notice of such requirements, the city 
council shall have power to cause said sidewalks to be paved 
and kept in good repair, according to said requirement, and 
may recover of said owner, by an action on the case in the 



150 



1866.— Chapter 199. 



fire districts. 

Regulations in 
construction of 
buildings. 



Vacancies and re- 
movals in board. 



name of the city, the expense of pavmg and keeping the same 
Estabiiohment of In good repair. The city council shall also have power to 
establish fire limits within the city, and from time to time 
change or enlarge the same ; and by ordinance they shall 
regulate the construction of all buildings erected within said 
fire limits, stipulating their location, sizes and the material of 
which they shall be constructed, together with such other 
rules and regulations as shall tend to insure the same from 
damage by fire. 
Board of commis- SECTION 21. The city couucil is authorized to elect, by 
p<mnds° councu joiut ballot in couvontion, a board of three commissioners, 
may elect. q^q member thereof to be elected each and every year, in 
the month of January, to hold office for the term of three 
years, who shall have the sole care, superintendence and 
management of the public grounds belonging to said city of 
Worcester, and of all the shade and ornamental trees stand- 
ing and growing thereon, and also of all the shade and 
ornamental trees standing and growing in or upon any of the 
public streets and highways of said city ; but said board, or 
any member thereof, after having had an opportunity to be 
heard in his or their defence, may be removed at any time, 
by a concurrent vote of two-thirds of each branch of the city 
council ; and in case of a vacancy in said board of commis- 
sioners by death, resignation, removal or otherwise, such 
vacancy shall be filled by the choice of another commissioner 
in the manner aforesaid, who shall hold his office for the 
remainder of the term for which the member in whose place 
he shall be elected would have held the same. Said board 
may be organized by the choice of a chairman and secretary 
from their own number, and a major part of said board shall 
constitute a quorum for the transaction of business. 

The said board of commissioners shall lay out said public 
grounds, or such part thereof as they shall from time to time 
judge proper; and it shall be the duty of said commissioners, 
from time to time, as appropriations shall be made therefor 
by the city council, to cause all necessary paths and avenues 
to be constructed therein, and to cause said public grounds 
to be planted and embellished with trees, as they shall think 
proper ; and said commissioners shall also cause such shade 
and ornamental trees to be planted in and upon said public 
streets and highways in said city as they shall think proper, 
and as appropriations shall be made therefor by the city 
council, and shall adopt and use all necessary and proper 
means to preserve the same, and promote the growth thereof. 
And said board may make all necessary by-laws and regula- 
tions in the execution of their trust, not inconsistent with 



Organization. 



Duties. 



May make by- 
laws. 



1866.— Chapter 199. 151 

tills act and the laws of the Commonwealth, as they shall 
deem expedient. 

Said board of commissioners shall, annually, in the month shaii make report 
of January, and whenever required by the city council, make ° ^" °"'^' 
and render a report of all their acts and doings, and of the 
condition of the public grounds and shade and ornamental 
trees thereon, and on said streets and highways, and an 
account of receipts and expenditiires for the same. 

Section 22. The city council is authorized to elect, by ^^'^/''o'f'^'^'g 
joint ballot in convention, a board of five commissioners, one cemetery, coun- 
member thereof to be elected each and every year, in the '''^ ""^^ *^^''*' 
month of January, to hold office for the term of five years, 
who shall have the sole care, superintendence and manage- 
ment of " Hope Cemetery," established by said city council ; 
but said board, or any member thereof, after having had an vacancies and re- 
opportunity to be heard in his or their defence, may be '"°^'''' ^ ''°"'^- 
removed at any time by a concurrent vote of two-thirds of 
each branch of the city council ; and in case of a vacancy in 
said board of commissioners, by death, resignation, removal 
or otherwise, such vacancy shall be filled by the choice of 
another commissioner, in the manner aforesaid, who shall 
hold his office for the remainder of the term for which the 
member in whose place he shall be elected would have held 
the same. Said board may be organized by the choice of a organization. 
chairman and secretary from their own number, and a major v 

part of said board shall constitute a quorum for the transac- 
tion of business. 

The said board of commissioners shall lay out said ceme- DuWea and pow. 
tery, or such part thereof as is not already laid out, into such 
lots or subdivisions for burial places as they shall think proper, 
and the said commissioners shall set apart a proper portion of 
said cemetery for a public burial place for the use of the 
inhabitants of said city free of charge therefor ; and it shall 
be the duty of said commissioners, from time to time, as 
appropriations shall be made by the city council therefor, to 
cause all necessary paths and avenues to be constructed 
therein, and to cause said cemetery to be planted and embel- 
lished with trees, shrubs, flowers and other rural ornaments, 
as they shall think proper ; and said board may make all 
necessary by-laws and regulations in the execution of their 
trust, not inconsistent with this act and the laws of the 
Commonwealth, as they shall deem expedient. 

Said board of commissioners shall have authority to sell to May sen right in 
any person or persons the sole and exclusive right of burial, '^^'^^ "^' 
and of erecting tombs, cenotaphs and other monuments, in 
any of the designated lots or subdivisions of said cemetery, 



152 



1866.— Chapter 199. 



Deeds and con- 
Teyances, how 
made. 



Shall make report 
of their doings. 



Board of orer- 
seers of poor. 



Ex oflScio mem- 
bers. 



Election and ten- 
ure of ofBce. < 



Vacancies, how 
filled. 



Organization of 
board. 



Duties. 



Compensation 
aud tenure. 



Powers and 
duties. 



upon such terms and conditions as they shall, by their rules 
and regulations, prescribe ; but all deeds and conveyances of 
such lots or rights of burial shall be made in the name of the 
city, and shall be executed in behalf of the city by 'the treas- 
urer thereof, for the time being, when requested so to do by 
said commissioners ; and the proceeds of such sales shall in 
all cases be paid into the city treasury. Said board of com- 
missioners shall annually, in the month of January, and 
whenever required by the city council, make and render a 
report of all their acts, doings and proceedings, and of the 
condition of the cemetery, and an account of the receipts and 
expenditures for the same. 

Section 23. The board of overseers of the poor in the 
city 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. The 
city council shall elect by joint ballot six persons to be mem- 
bers of said board of overseers, two to be elected in the 
month of December in each year, and to hold their offices 
for the term of three years from the third Monday of January 
then next ensuing, and until others shall be elected and 
qualified in their places. But no more than one of the six 
members, so to be elected, shall be eligible from any one 
ward of said city. Vacancies occurring in the board may be 
filled by joint ballot of the city council, at any time, the 
member so elected to hold office for only tlie unexpired term 
of the member who has ceased to hold office. The city 
council shall also have power, at any time, for cause, to 
remove either of said overseers from office. The board shall 
be organized, annually, on the third Monday of January. 

Said overseers shall perform the duties of the overseers of 
the poor, of the directors of the almshouse, and 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. 

Section 24. The city council shall elect by joint ballot, 
in convention, three persons to be assessors of taxes, one 
person to be elected in the month of February or March in 
each year, wliose compensation shall be fixed by concurrent 
vote of the city council, and to hold office for the term of 
three years from his election. The persons so chosen shall 
constitute the board of assessors, and shall exercise the 
powers and be subject to the duties and liabilities of assessors 
in towns. 



1866.— Chapter 199. 153 

In case of a vacancy in said board of assessors, by death, vacancies, how 
resignation, removal or otherwise, such vacancy shall be filled 
by the choice of another assessor in the manner aforesaid, 
who shall hold his office for the unexpired term for which 
the member in whose place he shall be elected would have 
held the same. All taxes shall be assessed, apportioned and Ta^s, how as- 
collected in the manner prescribed by the general laws of the ^^^^^ ' 
Commonwealth : provided, however, that the city council ProYiso. 
may establish further or additional provisions for the 
collection thereof. 

Section 25. The qualified voters of each ward, at their Assistant-assess- 
respective annual ward meetings for the choice of officers, °'^^' * ^^ '°°' 
shall elect, by ballot, one person in each ward, who shall be 
a resident of said ward, to be an assistant-assessor ; and it Duties, 
shall be the duty of the persons so chosen to furnish the 
assessors with all necessary information relative to persons 
and property taxable in their respective wards ; and they 
shall be sworn to the faithful performance of their duty. 

Section 26. The qualified voters of each ward shall elect, schooi commit- 
by ballot, three persons in each ward, who shall be residents ^' ^ " 
of the ward, to be members of the school committee, one Tenure of office. 
person to be chosen in each ward at their respective annual 
meetings for the term of three years ; and the persons so 
chosen shall, with the mayor, constitute the school commit- 
tee, and have the care and superintendence of the public 
schools. 

And all the rights and obligations of the town of Worcester support of 
in relation to the grant and appropriation of money to the and obi'igationa 
support of schools, and the special powers and- authority f/rred*'°to*be'^' 
heretofore conferred, by law, upon the inhabitants of the nested in city, 
centre school district in said town, to raise money for the 
support of schools in said district, shall be merged in the 
powers and obligations of the city, to be exercised in the 
same manner as over other subjects of taxation ; and all Appropriations 
grants and appropriations of money for the support of schools 
and the erection and repair ©f school-houses, in said city, 
shall be made by the city council, in the same manner as 
grants and appropriations are made for other city purposes. 

Section 27. Should there fail to be a choice of members school committee 

n , , , , . , , • , , • J and assistant-as- 

01 the school committee, or assistant-assessors in any ward, sessors, eiecuon. 
on the day of the annual ward meeting, the meeting shall be 
adjourned from time to time, until the elections shall be 
completed. 

Section 28. The city council shall have the same powers Laying out of 
in relation to the laying out, acceptance, altering or discon- city*coum:lL"° 
tinuing of streets and ways, and the assessment of damages, 

27 



154 



1866.— Chapter 199. 



Appeals to county 
commissioners. 



Streets over pri- 
Tate land, width 
prescribed. 



Drains and sew- 
ers. 



Inspection of 
lumber, wood, 
hay, coal and 



Elections of 
national, state, 
county and dis- 
trict officers. 



Lists of TOters, 
how prepared. 



which selectmen and inhabitants of towns now have by law ; 
but all petitions and questions relating to laying out, widen- 
ing, altering or discontinuing any street or way, shall be first 
acted on by the mayor and aldermen. 

Any person aggrieved by any proceedings of the mayor 
and aldermen, or of the city council, in the exercise of such 
powers respecting streets and ways, shall have the same right 
of appeal, by complaint, to the county commissioners of the 
county of Worcester, as is given by the laws of the Common- 
wealth to appeal from the decisions of selectmen or the 
inhabitants of towns. 

Section 29. No street or way shall hereafter be opened 
in the city of Worcester, over any private land, by the 
owners thereof, and dedicated to or permitted to be used by 
the public, of a less width than forty feet, except with the 
consent of said mayor and aldermen, in writing, first had 
and obtained for that purpose. 

Section 30. The city council shall have authority to cause 
drains and common sewers to be laid down through any 
streets or private lands, paying the owners such damage as 
they may sustain thereby, said damage to be assessed in the 
same manner and upon the same principles as damages are 
assessed in the laying out of town ways, and to require all 
persons to pay a reasonable sum for the privilege of opening 
any drain into said public drain or common sewer ; and also 
to require that private drains shall be conducted into the 
public drain or sewer, in any case in which the said city 
council shall judge the same necessary or proper for the 
cleanliness and health of the city. 

Section 31. The city council may make by-laws, with 
suitable penalties, for the inspection and survey, measure- 
ment and sale of lumber, wood, hay, coal and bark, brought 
into the city for sale, and shall have the same powers as the 
town had in reference to the fire department, and the laws 
relating thereto, and in reference to the suspension of the 
laws for the protection and preservation of useful birds, and 
of all other laws the operation or suspension of which is sub- 
ject to the action of the town thereon. 

Section 32. All elections of national, state, county and 
district officers who are voted for by the people, shall be held 
at meetings of the citizens qualified to vote at such elections, 
in their respective wards, at the time fixed by law for these 
elections respectively. 

Section 33. Prior to every election, the mayor and alder- 
men shall make out lists of all the citizens of eacli ward 
qualified to vote in such elections, in the manner in which 



1 866.— Chapter 199. 155 

selectmen of towns are required to make out lists of voters ; 
and, for that purpose, they shall have full access to the 
assessors' books and lists, and are empowered to call for the 
assistance of the assessors, assistant-assessors, and other city 
officers ; and they shall deliver the lists so prepared and cor- 
rected to the clerks of the several wards, to be used at such 
elections ; and no person shall be entitled to vote whose name 
is not borne on such list. A list of the voters of each ward ^po^^d"**" ** 
shall be posted in one or more public places in each ward : 
provided, however, that any person whose name shall not be Name^mitted^, 
borne on the list of the ward in which he is entitled to vote, same entered, 
when it shall be placed in the hands of the clerk of said 
ward, shall have the right to have his name entered thereon 
at any time thereafter before the closmg of the polls, upou 
presenting to the ward officers a certificate, signed by the 
mayor or city clerk, setting forth his right to have his name 
so entered. 

Section 34. General meetings of the citizens qualified to Q«ne»i meetings 

„ . . , 1 1 1 - 1 i xi of citizens may 

vote, may from time to time be held, to consult upon the be heid. 
public good, to instruct their representatives and to take all 
lawful means to obtain redress for any grievances, according 
to the right secured to the people by the constitution of this 
Commonwealth. And such meetings may and shall be duly shaii be warned 
warned by the mayor and aldermen, upon the request in flfty°Totei^.^ 
writing, setting forth the purposes thereof, of fifty qualified 
voters. 

Section 35. The city council shall have power to make ^"^^^"^^ ™*Jg 
all such salutary and needful by-laws as towns, by the laws and annex pen- 
of this Commonwealth, have power to make and establish, °''"^' 
and to annex penalties, not exceeding twenty dollars, for the 
breach thereof, which by-laws shall take effect and be in force 
from and after the time therein respectively limited, without 
the sanction of any court or other authority whatever : pro- ProTiso. 
vided, however, that all laws and regulations in force in the 
town of Worcester shall, until they shall expire by their own 
limitation, or be revised or repealed by the city council, 
remain in force ; and all fines and forfeitures, for the breach 
of any by-law or ordinance, shall be paid into the city 
treasury. 

Section 36. All the authority, powers, privileges, rights Powew a^d^^u-^ 
and obligations, created and given by section twenty-three, '48 and '64 vested 
chapter thirty-two of the acts passed in the year one thou- d'ii^Viin" of 
sand eight hundred and forty-eight, entitled " An Act to co«°«ii- 
establish the City of Worcester," and the " Act for supplying 
the City of Worcester with pure water," approved on the 
eighteenth of March in the year one thousand eight hundred 



156 



1866.— Chapter 199. 



Legislature may 
amend Act. 



First election of 
aldermen. 



Tenures. 



Election of coun- 
cilmen. 



Tenures. 



Repeal. 
Provisos. 



and sixty-four, shall be vested in and exercised by the city 
of Worcester, in such manner, by such officers, servants and 
agents as the city council shall from time to time ordain, 
appoint and direct. 

^Section 37. Nothing in this act contained shall be so 
construed as to restrain or prevent the legislature from 
amending or altering the same, whenever they shall deem it 
expedient. 

Section 38. On the second Monday in December in the 
year one thousand eight hundred and sixty-six, the qualified 
voters of the city, voting at large in their respective wards, 
shall give in their votes for eight aldermen, one alderman 
being selected from each ward, whose term of office shall be 
as follows, viz. : the aldermen thus elected for wards num- 
bered one, three, five and seven, shall hold their offices 
respectively for the term of two municipal years next follow- 
ing their election ; and the aldermen thus elected for the 
wards numbered two, four, six and eight, shall hold their 
offices respectively for the term of one municipal year next 
following their election ; and all elections of aldermen after 
said second Monday of December shall be for the term of two 
years from the first Monday of January next following their 
election ; except elections to fill vacancies, in which case the 
elections shall be for the unexpired term only. 

Section 39. On the second Monday of Deceml)er in the 
year one thousand eight hundred and sixty-six, the qualified 
voters in each ward of the city shall elect three common 
councilmen, who shall, at the time of their election, be resi- 
dents of the wards, respectively, in which they are elected, 
whose terms of office shall be as follows, viz. : at said elec- 
tion, wards numbered two, four, six and eight shall elect two 
common councilmen each for the term of two municipal 
years, and one common councilman each for the term of one 
munici})al year next following their election ; wards num- 
bered one, three, five and seven, shall at the same time elect 
one common councilman each for the term of two municipal 
years, and two common councilmen each for the term of one 
municipal year next following their election; and all elections 
of common councilmen after said second Monday of Decem- 
ber shall be for the term of two years from the first Monday 
of January next following their election ; except elections to 
fill vacancies, in which case the election shall be for the 
unexpired term only. 

Section 40. All acts and parts of acts inconsistent with 
this act are hereby repealed : provided^ hoivever, that the 
repeal of the said acts shall not affect any act done, or any 



1866.— Chapter 199. 157 

right accruing or accrued or established, or any suit or pro- 
ceeding had or commenced in any civil case before the time 
when such repeal shall take effect ; and that no offence com- 
mitted, and no penalty or forfeiture incurred under the acts 
hereby repealed, and before the time when such repeal shall 
take effect, shall be affected by the repeal ; and that no suit 
or prosecution pending at the time of the said repeal for any 
offence committed, or for the recovery of any penalty or 
forfeiture incurred under the acts hereby repealed, shall be 
affected by such repeal ; aud provided^ also, that all persons 
who, at the time when the said repeal shall take effect, shall 
hold any office under the said acts, shall coutinue to hold 
the same according to the tenure thereof; and provided, 
also, that all the by-laws and ordinances of the city of Wor- 
cester which shall be in force at the time when the said 
repeal shall take effect, shall continue in force until the same 
are repealed by the city council, and all officers elected under 
such by-laws and ordinances shall continue in office according 
to the tenure thereof. 

Section 41. No act which has been heretofore repealed Repeal not to 
shall be revived by the repeal of the acts mentioned in the repeal, 
preceding section. 

Section 42. This act shall be void unless the inhabitants Act to be adopted 
of the city of Worcester, at a legal meeting called for that otherwis^e wid. ' 
purpose, by a written vote determine to adopt the same as 
hereinafter provided: all the sections of this act except the Manner of voting 
thirty-eighth and thirty-ninth shall be voted for or against p'^**'="*'^*^- 
upon one ballot ; sections thirty-eight and thirty-nine shall be 
voted for or against upon one ballot ; and if sections thirty- 
eight and thirty-nine shall be accepted upon such vote, then 
sections nine and ten of this act shall be void, and sections 
thirty-eight and thirty-nine shall stand in place of sections 
nine and ten : provided, the other parts of this act shall be ProTiso. 
adopted by said inhabitants. Tlie qualified voters of the Meeting to be held 
city shall be called upon to give in their votes as aforesaid day"^ ane^ eret 
upon the acceptance of this act in the manner aforesaid, at member '" ^°* 
meetings in the various wards duly warned by the mayor and 
aldermen, to be held on or before the Tuesday next after the 
first Monday of November next, and thereupon the same pro- 
ceedings shall be had respecting the sorting, counting, 
declaring, recording and returns of said votes as is herein 
provided at the election of mayor and aldermen ; and the citizens adopt- 
board of mayor and aldermen shall, within three days there- prociaim^and Act 
after, meet together and compare the returns of the -^-ard *^^™*'^"'^°'^- 
officers, and if it shall appear that the inhabitants have voted 
to adopt this act as aforesaid, the mayor shall make procla- 



158 1866.— Chapters 200, 201. 

mation of the fact, and thereupon this act, or so much of it 
as shall have been adopted, shall take effect from and after 
the day on which the mayor shall make proclamation as 
aforesaid. Approved April 30, 1866. 

Chap. 200 -^N Act in addition to an act for supplying the city of lowell 
■^' with pure water. 

Be it enacted, Sfc, as follows : 

Number of water SECTION 1. The commissioncrs authorized by the fifth 

andtheirten'ure. scction of the four hundred and thirty-fifth chapter of the 
acts of the year eighteen hundred and fifty-five, shall not 
exceed three in number, and shall hold their offices for 
three years, unless the work contemplated in said act shall 

Duties. be sooner completed. Said commissioners shall, during their 

continuance in office, execute, perform, superintend and 
direct the execution and performance of all works, matters 
and things mentioned in said act, and in all other acts that 
may be passed relative to the same subject, and they shall 
obey all ordinances, rules and regulations, in the execution 
of their said trust, as the city council of Lowell may from 
time to time ordain and establish, not inconsistent with the 

shau report to ppovisious of Said act, aud shall once in six months, and 
whenever required by the city council, make and present in 
writing, a particular report and statement of all their acts 
and proceedings, and of the condition and progress of the 

Quorum of works aforcsaid. A majority of said commissioners shall be 
a quorum for the exercise of the powers and the performance 

itemoTai from of the dutics of the said office : they may be removed by a 
concurrent vote of two-thirds of each branch of the city 
council, after having an opportunity to be heard in their 

vacancieg, how dcfcnce ; and a vacancy occasioned by death, resignation or 
removal, shall be filled in manner aforesaid, by the appoint- 
ment of another commissioner, who shall hold his said office 
for the residue of the term of three years. 

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

Approved April 30, 1866. 

Chap. 201 An Act in addition to an act for supplying the town of 

pittsfield with pure water. 
Be it enacted, !fc., as follows : 

Town may issue SECTION 1. The towu of Pittsficld is hereby authorized 
scnp. ^^ jgg^ie from time to time, notes, scrip or certificates of debt, 
to be denominated on the face thereof " Pittsfield Water 
Scrip," to an amount not exceeding fifty thousand dollars in 
addition to the amount now authorized by the seventh section 
of chapter two hundred and ten of the acts of the year 
eighteen hundred and fifty-two, in the same manner, upon 



1866.— Chapters 202, 203. 159 

the same terms and conditions, and for the same purposes as 
stated in said section and chapter. 

Section 2. The town of Fittsfield is hereby fully author- Maytaxpoiuand 
ized to assess and collect upon the polls and estate, real and Sict, toVy- 
personal, in the Pittsfield fire district, all taxes necessary to 
pay the principal and interest of the scrip that shall be issued 
under the provisions of the preceding section. 

Section 3. There shall be a legal meeting of the voters votew of district 
of the said fire district called within one year after the pas- within'y^r.totn 
sage of this act, for the purpose of having the said voters no^thfafterf^ 
give in their written votes on the question whether they will otherwise to' be 
accept this act, and if two-thirds of said votes shall be in the 
affirmative, then the selectmen of the town of Pittsfield 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 qviestion whether they will 
accept the same ; and if two-thirds of said votes given upon 
the question aforesaid be in the affirmative, then this act shall 
be binding, otherwise it shall be null and void. 

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

Approved April 30, 1866. 



Cha^. 202 



An Act in addition to an act to authorize the Springfield 

institution for savings to hold real estate. 
Be it enacted, Sfc, as follows: 

Section 1. The Springfield Institution for Savings is Amount addi- 
hereby authorized to hold real estate to the amount of fifty '°°* ' 
thousand dollars, in addition to the amount it is now author- 
ized to hold by virtue of chapter twenty-four of the acts of 
the year eighteen hundred and sixty-three : provided, that no Proviso, 
part of said amount shall be invested in real estate, except in 
the purchase of a suitable site, and the erection or prepara- 
tion of a suitable building to be used for banking purposes ; 
and all income, if any, arising from such real estate, shall be income, 
devoted exclusively to the interests of said corporation. 

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

Approved April 30, 1866. 



Chap. 203 



An Act concerning the new Bedford and fall river railway 

COMPANY. 

Be it enacted, Sfc, as follows : 

Section 1. The time allowed the New Bedford and Fall Tmetoertend- 
River Railway Company for locating and constructing its 
railroad is hereby extended two years, and the time for the 
organization of said company is hereby extended one year. 

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

Approved April 30, 1866. 



160 



1866.— Chapters 204, 205, 206. 



Chap. 204 -^^ -^^'^ "^O INCORPORATE THE NATION PUBLISHING HOUSE. 

Be it enacted, ^"c, as follows : 

Corporators SECTION 1. James M. Uslier, Richard F. Fuller, William 

M. Thayer, their associates and successors, are hereby made 

Title. a corporation, by the name of the Nation Publishing House, 

Purpose. for the purpose of printing and publishing newspapers and 

books, and executing job printing and binding, in the city of 
Boston, with authority for that purpose to receive money or 
property by gift, donation, devise, bequest or otherwise ; with 

Priviiesres and all the powcrs and privileges, and subject to all the duties, 
restrictions and liabilities set forth in the sixty-eighth chapter 
of the General Statutes. 

Estate- Section 2. Said corporation, for the purposes aforesaid, 

may hold real and personal estate to the amount of one hun- 

capitai stock. drcd thousaud dollars, and the whole capital stock shall not 
exceed one hundred and fifty thousand dollars, to be divided 

Shares. into shai'cs of one hundred dollars each. 

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

Approved April 30, 1866. 

Chap. 205 -^^ -^<^T TO EXTEND THE TIME FOR THE LOCATION OF THE HANOVER 

BRANCH RAILROAD. 

^ Be it enacted, Sj'c, as folloivs : 

Section 1. The time for the location of the Hanover 
Branch Railroad, and filing the same, is hereby extended to 
the first day of June in the year eighteen hundred and 
sixty-six. 

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

Approved May 1, 1866. 



Extended to 
June, '66. 



Owner or lessee 
of cranberry 
lands may dam 
streams not nay- 
igable. 



Chat), 206 "^"^ ^^^ ^^ AUTHORIZE THE FLO WAGE OF LAND FOR AGRICULTURAL 
-' * PURPOSES. 

Be it enacted, §•<:., as follows : 

Section 1. Any person who is the owner or lessee of a 
tract of land appropriated to the cultivation and growth of 
the cranberry, may erect and maintain a dam upon and 
across any stream not navigable, for the purpose of flowing 
and irrigating said land, upon the terms and conditions, and 
subject to the regulations, contained in chapter one hundred 
and forty-nine of the General Statutes; and the provisions in 
said chapter relating to mills and the flowage of lands, shall 
apply to the respective parties under this act, so far as the 
same are properly applicable in such cases. 

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

Approved May 2, 18G6. 



1866.— Chapters 207, 208, 209. 161 



AMEND AN ACT TO IXCORPORATE THE TRUSTEES OF THE Ckop. 20T 
ilAL FUND OF THE SECOND PARISH IN MARLBOROUGH. 



An Act to 

ministeri.- 
Be it enacted, <^c., as follows : 

Section 1. Tlie trustees of the ministerial fund of the Trustees may in- 
second parish in Marlborough are hereby authorized to invest uL bondl." and 
any funds held by them in trust, in bonds of the United "^or'sages- 
States, or of the Commonwealth of Massachusetts, or in bonds 
of the cities or towns of the Commonwealth, or in first mort- 
gages upon real estate. 

Section 2. So much of section seventh of the act of June Repeal, 
nineteenth in the year eighteen hundred and twelve as is 
inconsistent with this act, is hereby repealed. 

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

Approved May 2, 1866. 
An Act concerning the distribution of the income of the Qfian. 208 

SCHOOL FUND. ^ ' 

Be it enacted, ^'c, as follows : 

Section 1. In the distribution of the income of the school Distribution to 
fund, for the benefit of the public schools of the state, every ""®*^'' °'*'" 
city and town complying with all laws in force relating to the 
distribution of the same, shall annually receive seventy-five 
dollars ; and the residue of said moiety shall annually be Residue. 
apportioned among the several cities and towns, in proportion 
to the number of children in each, between the ages of five 
and fifteen years : provided, that after the distribution of said Proviso, 
moiety of income in the year eighteen hundred and sixty-nine, 
no city or town in which the district system exists, shall receive 
the seventy-five dollars herein specifically appropriated. 

Section 2. Any town which shall maintain the school Exemption from 
required to be maintained by the second section of chapter ^°'''^""'*- 
thirty-eight of the General Statutes, not less than thirty-six 
weeks, exclusive of vacations in each year, shall not be liable 
to the forfeiture provided in section first, chapter one hun- 
dred and forty-two of the laws of the year eighteen hundred 
and sixty-five, for non-compliance with the requisitions of the 
aforesaid second section. 

Section 3. All acts or parts of acts inconsistent herewith Repeal. 
are hereby repealed. 

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

Approved May 3, 1866. 

An Act to establish a state primary school. Chap. 209 

Be it enacted, §-c., as follows : 

Section 1. There shall be established at the state alms- shaii be at mod- 
house in Monson a state school for dependent and neglected hoise!'*'* *^*" 
children, which shall be known as the state primary school. 

28 



162 



1866.— Chapi'er 209. 



Pupils, how 
receired and 
taught. 



Superintendence 
of schools. 



Offloers, how ap- 
pointed. 



Certain children 
to be removed to 
from Tewksbury 
and Bridgewater 
almshouses. 



Transfers to be 
made by board of 
charities. 



Board, in con- 
junction with 
trustees, to ex- 
amine pupils in 
reform school, at 
Westboro', and 



So much of the land and buildings belonging to the state 
almshouse as in the judgment of the board of state charities 
shall be necessary, shall be used for the purposes of the 
school, and the remainder shall be used for the purposes of a 
state almshouse. There shall be received as pupils such 
children as are now maintained and instructed in the state 
almshouses ; and such children shall be maintained, taught, 
exercised and employed as their health and condition shall 
require, but they shall not be considered as inmates of the 
almshouse, nor allowed to mingle with the inmates, nor shall 
they be designated as paupers. 

Section 2. Said school shall be under the charge of the 
superintendent and inspectors ,of the state almshouse at 
Monsoii, who shall prepare rules and regulations for the 
government of the school and the general management of its 
affairs ; and such rules and regulations, when approved by 
the governor and council, and placed on record in the office 
of the secretary of the Commonwealth, shall be and remain 
in force, until altered or amended with the approval of the 
governor and council. 

Section 3. All needful officers for said school shall be 
appointed and their compensation fixed by the superintendent, 
subject to the approval of the inspectors. 

Section 4. For the purpose of instruction and employ- 
ment there shall be transferred to the state primary school 
from the state almshouses at Tewksbury and Bridgewater, 
from time to time, all such children as are of suitable condi- 
tion of body and mind to receive instruction, and at the same 
time are likely to continue for a period of six months under 
the care of the state ; and especially such as are orphans, or 
have been abandoned by their parents, or whose parents have 
been convicted of crime, or come within any of the descrip- 
tions of persons contained in the General Statutes, chapter 
one hundred and sixty-five section twenty-eight. 

Section 5. Such transfers of children shall be made by 
the board of state charities, who shall have full power to 
make such other transfers of children as they may deem 
necessary, from the state almshouses ; and the power of 
admission and discharge shall be vested in the said board of 
state charities, together with the other powers now vested in 
said board in relation to state paupers in almshouses and 
hospitals. 

Section 6. It shall be the duty of the board of state char- 
ities, upon consultation with the trustees of the state reform 
school at Westborough, as often as once in three months, to 
examine into the sentences and the conduct of the pupils in 



1866.— Chapter 209. 163 

that institution ; and when they shall find pupils there resid- certify to govern- 
ing who have been committed for trivial offences, and do not fer to primary 
appear to be depraved in character, or to need the restraints ^''^°°^' 
of imprisonment, the board of state charities shall furnish 
lists of such pupils to the governor, who may, under his 
■warrant, direct tlie removal of such children to the state 
primary school at Monson, and such removal shall suspend 
their sentence of confinement at Westborough, during the 
good behavior of such pupils. 

Section 7. No child above the age of sixteen years shall Pupiis in primary 
be received or retained in the state primary school, except '^°°'*^®" 
by special vote of the board of state charities, on the repre- 
sentation of the superintendent that there are urgent reasons 
for such admission or retention ; but it shall be the duty of Family homes to 
the superintendent, inspectors and other officers to use all officers°7"^'"^ ^^ 
diligence to provide suitable places in good families for all 
such pupils as have received an elementary education ; and 
any other pupils may be placed in good families, on condition 
that their education shall be provided for in the public 
schools of the town or city where they may reside. 

Section 8. Except as already limited in this act, the Board of chari- 
board of state charities and the inspectors of the state alms- ora^ionsonlCsI 
house at Monson shall have and exercise all the powers, and and'dutFe°s'^here- 
be subject to all the duties, in regard to the pupils of the ^'"^^'■ 
state primary school, which now belong or may hereafter be 
given to them in regard to the inmates of the state almshouse 
at Monson ; and nothing contained in this act shall affect any Powers of cities 
powers or privileges heretofore granted to cities or towns, or aff^cted'.''''^ """ 
the overseers of the poor thereof, by acts specially relating to 
the state almshouses, and the sending of state paupers 
thereto. 

Section 9. The sum of two thousand dollars is hereby Appropriation for 
appropriated for the necessary changes in the buildings at [n"8°at"MMson.'^" 
Monson, which shall be expended under the direction of the 
superintendent and inspectors. The expenses of the school Expenses of 
shall be paid from the appropriation for the expenses of the ^''^°'^^' 
almshouse, and no officer now receiving a salary from the 
Commonwealth shall be entitled to any increase of salary in 
consequence of this act ; but such officers and employes as services of at- 
the superintendent and inspectors shall designate, shall be '^"'^'""^• 
employed to perform services both in the school and in the 
almshouse. 

Section 10. This act shall take effect upon its passage. 

Approved May 3, 1866. 



164 1866.— Chapters 210, 211. 

Chap. 210 -A.^ -A^CT TO REPEAL CHAPTER THIRTY-SEVEN OF THE GENERAL 
STATUTES, IN RELATION TO STATE SCHOLARSHIPS. 

Be it enacted, §'c., as follows : 

Section 1. Chapter thirty-seven of the General Statutes, 
and all acts or parts of acts in relation thereto, are hereby 
repealed : provided, that the provisions of said chapter shall 
continue to apply to persons already appointed to a scholar- 
ship under said act. 

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

Approved May. 3, 1866. 



Chap. 211 -'^'^ ^^'^ "^^ PROVIDE FOR THE ABATEMENT OF NUISANCES. 

Be it enacted, Sfc, as follows : 

l^'^°le^\^^^^of Section 1. Any person aggrieved by the neglect or refusal 
board ofheaith to of any board of health in any city or town to pass all proper 
pear'to^counfy ordcrs abating a nuisance or nuisances in said city or town, 
wh^ mlyTct!'' ^^y appeal to the board of county commissioners in the same 
county for a redress of such grievances, and the said commis- 
sioners shall have full power to hear and determine the matter 
of such appeal, and may make such decree and exercise and 
perform all the powers in such case as a board of health 
may exercise and perform in a town, as specified in chapter 
twenty-six of the General Statutes. 
Party appealing SECTION 2. Thc party SO appealing shall, within twenty- 
^8?ngf^ present four hours after such neglect or refusal by any board of 
andgw^eTo°ndsf^ health, givc written notice to the opposite party of his inten- 
tion so to appeal, and within seven days after such neglect or 
refusal, shall present a petition to some member of the said 
board of commissioners, setting forth the grievances com- 
plained of, and the action of the board of health thereon, and 
shall thereupon enter into such recognizance before said board 
of commissioifers, in such sum and with such surety or 
sureties as they shall order. 
Expense of com- SECTION 3. The Said commissioncrs, when acting under 
msRion,andhow ^^^^ provisious of tliis act, shall tax three dollars per day for 
time, and five cents a mile for travel to and from the place of 
meeting, to be paid into the county treasury ; and such costs 
shall be in the first instance paid by the appellant, and said 
commissioners may award that such costs and any other costs 
of the proceeding shall be paid by either party, as in their 
judgment justice shall require. 
Act defined. SECTION 4. This act shall uot aflfcct any suit or proceeding 

now pending, nor shall it affect the jurisdiction of any court. 
Section 5. This act shall take effect upon its passage. 

Approved May 3, 1866. 



1866.— Chapters 212, 213. 165 

An Act to authorize thk city of charlestown to furnish the Chap. 212 

TOWNS OF SOMERVILLE AND MALDEN WITH WATER. 

Be it enacted, ^'c, as follows : 

Section 1. The city of Charlestown is hereby authorized ^ay erect and 

p r\ '11 1 nr 1 1 • 1 maintain struc- 

to supply the towns oi feomerville and Maiden with water tures and extend 
for the extinguishment of fires and for other uses, and for Towns as'may L 
tliis purpose may erect and maintain such structures as may »e"^<^- 
be requisite and necessary therefor, and may extend their 
aqueduct into and through said towns of Somcrville and 
Maiden, upon such terms and conditions as may be agreed 
upon between said city and said towns. 

Section 2. The towns of Somerville and Maiden are Towns may pur- 

11 .i.-i, 1 iPii" -J chase water. 

hereby authorized to purchase a supply oi water irom said 
city of Charlestown, agreeably to the provisions aforesaid, 
upon such terms as may be agreed upon between said city 
and said towns. 

Section 3. The work of laying pipes and any other structure across 
structures necessary to carry water from said city of Charles- be''^^ directed'' by 
town across the Mystic River over the Maiden Bridge or lionets. "°°""'*' 
otherwise, shall be under the direction of the harbor com- 
missioners. 

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

Approved May 3, 18G6. 

An Act to incorporate the citizens' ferry company. Chat). 213 

Be it enacted, ^'c, as folloivs : 

Section 1. Mark Googins, Albert Bowker, Edward G. corporators. 
Nickerson, their associates and successors, are hereby made 
a corporation, for the term of twenty years, by the name of Term of time. 
the Citizens' Ferry Company, for the purpose of establishing 
and supporting a ferry between the main land in the city of Route: Boston 
Boston and the island of East Boston; with all the powers En.'""^^'''* 
and privileges, and subject to all the duties, liabilities and Privileges and 
restrictions, set forth in the sixty-eight chapter of the General '««'""="°°«- 
Statutes. 

Section 2. Said company shall be bound to furnish all Mayor and aider- 

1 T J.- r \i \l 1 !• p 1 lien to approve 

such accommodation lor the transportation oi persons, horses, means of trans- 
cattle, carriages, wagons, goods and merchandise, as the His!""" ^""^ ^'^ 
mayor and aldermen of the city of Boston for the time being 
shall, from time to time, consider that the public convenience 
requires ; and shall be allowed to collect and receive such 
tolls as the said mayor and aldermen shall determine : pro- Proviso. 
vided, hoivever, that the rates of ferriage shall never be so 
much reduced as to reduce the yearly dividends of said com- 
pany to an amount less than six per cent, on the amount of 
capital stock actually invested. 



166 



1866.— Chapter 213. 



Company may 
hold estate : capi- 
tal and shares. 



Proviso. 



Shareowners, 
rights and priv- 
ileges defined. 



Government of 
company : five 



Directors shall 
report annually 
to city. 



Records to be 
open to mayor 
and aldermen. 

Penalty for fail- 
ing return. 



Power of city to 
license ferrymen 
not abridged. 



Company may 
take land. 



Proviso : location 
of ferry. 



Disagreement 
upon question of 
damages, how 
adjusted. 



Section 3. Said company may hold real and personal 
estate necessary and convenient for the purposes aforesaid, not 
exceeding in amount the sum of two hundred thousand dollars, 
to be divided into shares not exceeding one hundred dollars 
each : provided^ that no shares shall l>e issued for a less sum 
or amount, to be actually paid in on each, than the par value 
of the shares first issued. 

Section 4. No person shall, directly or indirectly, hold or 
own more than fifty thousand dollars of the amount of the 
capital stock ; and every stockholder shall have a right to 
vote at all meetings of said company, and be entitled to as 
many votes as he has shares : provided^ that no stockholder 
shall be entitled to more votes than are equal in number to 
one-fiftgenth part of the whole number of shares. 

Section 5. TheJmmediate government and direction of 
the affairs of said company shall be invested in a board of not 
less than five directors, who shall be chosen by the stock- 
holders annually, and shall hold their offices until others 
shall be duly elected in their places. 

Section 6. The directors of said company shall, from year 
to year, in the month of January, make a return to the said 
mayor and aldermen, under oath, of their acts and doings, 
receipts and expenditures, specifying the several items making 
up said expenditures ; and their books shall at all times be 
open to the inspection of any committee of the said mayor 
and aldermen appointed for that purpose ; and if the direct- 
ors of said company shall refuse or neglect to make such 
returns, they shall, for every such refusal or neglect, forfeit a 
sum not exceeding five hundred dollars, to be recovered in 
an action of debt by the city of Boston for its own use. 

Section 7. Nothing in this act shall be construed to take 
from the said mayor and aldermen the power which they now 
have by virtue of the forty-seventh chapter of the General 
Statutes, to license any person or persons as ferrymen from 
the main land in the city of Boston to the island of East 
Boston, whenever they may consider the public convenience 
or necessity to require it. 

Section 8. Said company may purchase or otherwise take 
any land necessary for the purpose of said ferry : provided, 
said ferry shall be located on the Boston proper side, between 
the north of the centre of Union Wharf and the Chelsea 
Ferry, and on the East Boston side between. the north side of 
Carlton's AVharf and Miller's Wharf, near the northerly end 
Sumner Street ; and if they shall not be able to obtain such 
land .by an agreement with the owner thereof, they shall j»ay 
therefor such damacres as shall be estimated and determined 



1866.— Chapter 213. 167 

by the said mayor and aldermen ; and either party, if dissatis- 
fied with any estimate made by said mayor and aldermen, 
may apply for a jury to the superior court next to be held 
within the county of Suffolk, after the said estimate is made 
known to the parties ; and thereupon the same proceedings 
shall be had as in case of esthnating and enforcing payment 
of damages for laying out ways within the said city of 
Boston: provided, that the corporation hereby created shall fi^^''jff°=og/g°°oj; 
not, by virtue of the provision of this section, take possession of land. 
of any land until one hundred thousand dollars of its capital 
stock shall have been actually paid in. 

Section 9. The city of Boston, by a vote of the city ^^^^g^^J^^P^^Jj 
council, may, at any time during the continuance of the company. 
charter of said company, purchase of the said company the 
said ferry, and all the franchise, property, rights and privi- 
leges of the said company, by paying them therefor such a conditions. 
sum as will re-imburse them the amount of capital paid in, 
with a net profit thereon, as may be agreed upon, not exceed- 
ing ten per cent, per annum, from the time of the payment 
thereof by the stockholders to the time of such purchase. 

Section 10. For the purpose of making the purchase cHy council may 
aforesaid, the city council of the city of Boston shall have men^t!*'"''"'^*^" 
authority to issue, from time to time, notes, scrip, or certi- 
ficates of debt, to be denominated on the face thereof " The 
Citizens' Ferry Scrip," to an amount not exceeding in the 
whole the sum of five hundred thousand dollars, bearing interest. 
interest at a rate not exceeding the legal rate of interest in 
this Commonwealth ; and said interest shall be payable semi- 
annually, and the principal shall be payable at periods not Payment of pnn- 
more tlian forty years from the issuing of the said scrip, 
notes or certificates respectively : and the said city council ^'}y ""^y sen or 

1 ,•' „ „ . '' . pledge for loan. 

may sell the same, or any part thereoi, irom tune to tune, at 

public or private sale, or pledge the same for money borrowed 

for the purpose aforesaid, on such terms and conditions as 

the said city council shall judge proper. All notes, scrip ^^'^J^j,?'''^ ''^""^^ 

and certificates of debt, to be issued as aforesaid, shall be 

signed by the treasurer and auditor, and countersigned by 

the mayor of the said city ; and a record of all such notes, 

scrip and certificates shall be made and kept by the said 

treasurer and auditor respectively. 

Section 11. Whenever said city of Boston shall purchase xjpon purchase, 
said ferry of said company, all the rights, powers and author- -^cus. 
ity given to said company by this act, shall be vested in and 
exercised by said city of Boston, subject to all the duties, 
liabilities and restrictions herein contained, in such manner 
and by such agents, officers and servants as the said city 



168 1866.— Chapter 2U. 

council shall, from time to time, ordain, appoint and direct. 
Tolls, city may Aud Said citv of Boston shall have the right to collect 

collect " 

and receive the same rates of toll as are allowed by the 
Provisos: con- sccond scction of tliis act to said company : provided^ that 
fe'riy"* °^ "^^^ wlicnever the tolls collected on said ferry shall be sufficient 
to re-imburse the said city of Boston for the cost of such 
ferry, with such a per cent, interest, annually, as said city of 
Boston pays on said " Citizens' Ferry Scrip," and for all the 
expenses of the repairs and additions to said ferry, and all 
current and incidental expenses of its superintendence and 
management, and to provide such a fund as the said city 
council may regard sufficient for the future support of said 
ferry, then the tolls on said ferry shall cease, and said ferry 
shall ever after be maintained by said city of Boston as a 
free ferry : provided, also, that the said city council shall 
have the power and authority to re-establish such rates of 
toll on said ferry as may be sufficient to pay the current and 
incidental expenses of the superintendence and management 
thereof, whenever the fund aforesaid shall be found insuffi- 
Net surplus in- cicut for its support ; and that the income, rents and receipts 

come to be made n • -i i- k i i , • n ii n 

sinking fund, un- 01 said icrry, alter deductmg all expenses and charges oi 
urer^and" auditor support and maintenance, shall be set apart as a sinking 
as trustees. fund, and shall be appropriated for and towards the payment 
of the principal and interest of said scrip, and for the accumu- 
lation of the fund aforesaid, and shall, under the manage- 
ment, control and direction of the mayor, treasurer and 
auditor of said city, or the major part of them for the time 
being, who shall be trustees of the said fund, be applied 
Trustees, upon solcly to the usc and purpose aforesaid. And the said trus- 
cii!"*to ° reader tccs sliall, whcuever thereto required by said city council, 
account. rcndcr a just, true and full account to the said city council 

of all their receipts, payments and doings under the provisions 
of this section, 
time' fo*r°o enin SECTION 12. If thc Said fcrry shall not be established and 
ferry. opcucd for public use within two years from the passage of 

this act, then this act shall be void. 
First meeting of SECTION 13. Thc first meeting of said corporation shall 

corporators, con- ni i i • />i iiii 

dition of caiung. not bc Called unless the notice tor tiie same shall be signed 
by the majority of the persons named in this act of incorpo- 
ration. Approved May 3, 1866. 

Chap. 214 An Act to incorporate the waltham and newton street kail- 
way COMPANY. 

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

Corporators. SECTION 1. Royal E. Robbius, John C. Stanton, George 

Allen, their associates and successors, are hereby made a cor- 



1866.— Chapters 215, 216, 217. 169 

poration, by the name of the Waltham and Newton Street 

Railway Company, with power to construct, maintain and 

use a street railway, from some convenient point or points in Location. 

the town of Waltham to some convenient point or points in 

the town of Newton ; with all the powers and privilec^es, and Privileges and 

, . ,.,.,.. ^ T . ^ /• i.1 restrictions. 

subject to all the duties, liabilities and restrictions, set lortn 

m all general laws which now are or may hereafter be in 

force relating to street railroads: provided, hoivever, that the Proviso: crossing 

track and rails of said company shall not be laid across the cester" road to 

location and tracks of the Boston and Worcester Railroad ^ompanr'"* °^ 

Company without its consent. 

Section 2. The capital stock of said corporation shall not capital stock, 
exceed the sum of one hundred thousand dollars, to be shares. 
divided into shares of one hundred dollars each. 

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

Approved May 3, 1866. 
An Act in further addition to an act to incorporate the QJiap. 215 

UNITED STATES STEAM-SIIIP COMPANY. 

Be it enacted, cVc, as f allows. • 

Section 1. The time allowed to the United States Steam- Time to extend- 
sliip Company for the performance of the acts required of 
said company, by the fourth section of the one hundred and 
thirty-eighth chapter of the acts of the year eighteen hundred 
and sixty-tliree,*is bereby extended to the sixth day of April 
in the year eighteen hundred and sixty-eight. 

Section 2. The second section of said chapter is hereby xctincorporat- 
amended by striking out from the proviso therein the words '°^ * 
" Charleston " and " Savannah." 

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

Approved May 3, 1866. 

An Act to change the name of the independent congrega- Qfian. 216 

TIONAL SOCIETY IN WALTHAM. "^ * 

Be it enacted, ^'c, as follows : 

The Independent Congregational Society in Waltham shall changed to First 
hereafter be called and known by the name of the First 
Parish in Waltham. Approved May 3, 1866. 

An Act to authorize the springfield five cents savings bank Chap. 217 

TO hold real estate. 
Be it enacted, §'c., as follows : 

Section 1. The Springfield Five Cents Savings Bank is 
hereby authorized to hold real estate to the amount of thirty 
thousand dollars. 

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

Approved May 3, 1866. 
29 



170 1866.— Chapters 218, 219 

Chap. 218 -A^N Act to authorize the city of newburyport to settle the 

CLAIMS OF NATHANIEL IRELAND, JUNIOR, AND OTHERS. 

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

May adjust claims SECTION 1. The citj of Ncwburyport is hereby authorized 

nished^^city by aiid empowered to settle and adjust the claims of Nathaniel 

order overseers of J j^^, J j^j^^^ juuior, aiid others, for aiid on account of supplies 

furnished by them to the said city, in the years eighteen 

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

by orders of the overseers of the poor of said city. 

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

Approved May 3, 1866. 

Chap. 219 ■ An Act concerning the militia. 

Be it enacted, ^c, as follows : 

ENROLMENT. 

Persons to be en- SECTION 1. Evcry ablc-bodicd male citizen, resident within 
this state, of the age of eighteen years, and under the age of 
forty-five years, excepting persons exempted by the following 
sections, idiots, lunatics, common drunkards, vagabonds, 
paupers, and persons convicted of any infamous crime, shall 
be enrolled in the militia. Persons so convicted after enrol- 
ment shall forthwith be disenrolled ; and in all cases of doubt 
respecting the age of a person enrolled, the burden of proof 
shall be upon him. 
Assessors to make SECTION 2. Asscssors shall annually in Mayor June make 
ment; "clerks'^ to a list of pcrsous liviug witliiu their respective limits liable to 
return. enrolment, and place a certified copy thereof in the hands of 

the clerks of their respective places, who shall place it on file 
with the records of their city or town, and annually in May, 
June or July, transmit returns of the militia thus enrolled to 
the adjutant-general. 
Information to SECTION 3. Kcepcrs of tavcms or boarding-houses and 

assessors, penalty , -i • , pin- i in t 

for withholding, mastcrs and mistresses oi dwelling-houses shall, upon apphca- 
tion of the assessors within whose bounds their houses are 
situated, or of persons acting under them, give information 
of the names of persons residing in their houses liable to 
enrolment or to do military duty ; and every such person 
shall, upon like application, give his name and age ; and if 
sucli keeper, master, mistress or person refuses to give such 
information, or gives false information, such keeper, master 
or mistress shall forfeit and pay twenty dollars, and such 
person shall forfeit and pay twelve dollars, to be recovered on 
complaint of either of the assessors. 

Enrolled militia, SECTION 4. Tlic eiirollcd militia shall be subject to no active 

■when subject to , . „ . • ,i .• o - 

active duty. duty, cxccpt HI casc 01 war, invasion, the prevention or inva- 
sion, the suppression of riots, and to aid civil officers in the 



1866.— Chapter 219. HI 

execution of the laws of the Commonwealth ; in which cases 
the commander-in-chief shall order out for actual service, by- 
draft or otherwise, as many of the militia as necessity 
demands. 

Section 5. The order of the commander-in-chief may be ProceediDgs^ia 
directed to the mayor and aldermen of cities or to the select- °' ^"°sou . 
men of towns, who shall thereupon appoint a time and place 
of parade for the militia, in their city or town, and order them 
to appear at the time and place, either by leaving a written 
notice, or orally, and then and there proceed to draft as many 
thereof, or accept as many volunteers, as is required by the . 
order of the commander-in-chief ; and shall forthwith notify 
the commander-in-chief that they have performed such duty. 

Section 6. Every soldier ordered out, or who volunteers, ^[^wHtj for^faii- 
or is detached, or drafted, who does not appear at the time 
and place designated by the mayor and aldermen, or select- 
men, or who has not some able-bodied and proper substitute, 
at such time and place, or does not pay to such mayor and 
aldermen, or selectmen, for the use of the Commonwealth, the 
sum of seventy-five dollars within twenty-four hours from 
such time, shall be taken to be a soldier absent without leave, 
and dealt with accordingly. 

Section 7. When the militia are ordered out or have Mmtia in active 

1 TO 11 -11 • 1 ^ • ' service, now or- 

volunteered for and while they are in actual service, as speci- ganized, officered 
fied in section four, they shall be organized by the commander- '^'"^ *'^'°^'^- 
in-chief, with the advice of the council, into companies, bat- 
talions, regiments, brigades and divisions, which shall be 
numbered and record thereof made in the office of the 
adjutant-general ; and shall be officered, governed and 
trained according to the laws of this state and the United 
States ; and the state shall furnish arms and equipments for Arms and pay. 
each non-commissioned officer and private, and pay them 
until their term of service expires ; and when troops are in 
the field for such purposes, the senior officer of 'the troops 
present shall command until the commander-in-chief or some 
officer detailed by him takes command. Each commissioned 
officer shall provide himself with suitable side arms. 

Section 8. When the commander-in-chief deems it neces- commander-in- 

• 1 • chief may require 

sary, he shall require cities and towns to provide, m some towns to provide 
suitable place therein, sixty-four pounds of powder, one huii- a'"'"'i°'"°°- 
dred pounds of musket and rifle balls, and also three copper, 
iron or tin camp kettles for every sixty-four soldiers enrolled 
in said town, and the same proportion for a greater or less 
number, and to keep the same until such requirement is 
revoked. Every place neglecting to comply with such requisi- 
tion shall forfeit and pay not less than twenty nor more than 
five hundred dollars. 



172 



1866.--CHAFTER 219. 



Exemptions from 
enrolmeat. 



Of Quakers and 
Shakers. 



EXEMPTIONS. 

Section 9. In addition to the persons exempted 'from 
enrolment in the miUtia by the laws of the United States, the 
persons hereinafter mentioned shall also be absolutely 
exempted from enrolment, viz. : — Justices and clerks of courts 
of record ; registers of probate and insolvency ; registers of 
deeds and sheriffs ; officers who have held or may hold com- 
missions in the regular or volunteer army or navy of the 
United States ; officers who have held, for a period of five 
years, commissions in the militia of this or any other state of 
the United States, or who have been superseded and dis- 
charged, or who held commissions in any corps at the time of 
its disbandment ; staff officers heretofore exempted, and 
whose offices shall become vacant by the provisions of section 
fifty-nine ; ministers of the gospel ; practising physicians ; the 
superintendents, officers and assistants employed in or about 
either of the state hospitals, state almshouses, state prison, 
jails or houses of correction ; keepers of light-houses, tele- 
graphic operators and conductors and engine drivers of rail- 
road trains, and seamen actually employed on board of any 
vessel, or who have been so employed within three months 
next preceding the time of enrolment. 

Section 10. Every person of either of the religious 
denominations of quakers or shakers, who, on or before the 
first Tuesday in May, annually, produces to the assessors of 
the city or town in which he resides, a certificate, signed by 
two or more of the elders or overseers, (as the case may be,) 
and countersigned by the clerk of the society with which he 
meets for public religious worship, shall be exempted from 
enrolment. The certificate shall be in form as follows : 



"We, the subscribers, of the society of people called , in the town 

of , in the county of , do hereby certify that 

is a member of our societ}'', and that he frequently and usually attends 
religious worship with said society, and we believe he is conscientiously 
scrupulous of bearing arms. 

A. B. ) Elders or overseers, 
C. D. t (as the case may be.) 
E. F., Clerk. 



Members of fire 
departments. 



Section 11. Enginemen, or members of the fire depart- 
ment in a city or town, shall be exempted from military duty 
by forthwith filing with the assessors of the city or town in 
which they reside, a certificate that they are enginemen or 
members of the fire department as aforesaid, signed by the 
mayor and aldermen of such city, or the selectmen of such 
town ; but when a member of a volunteer company is, after 



1866.— Chapter 219. 173 

his enlistment, appointed an engineman or member of the 
fire department, it sliall not vacate his enlistment. 

Section 12. Every non-commissioned officer or private soidiera having 
having bodily infirmity, may be exempted from military duty, hot''^ exe^'ted 
if he obtains from the surgeon or assistant-surgeon of the ^°™ "^"'y- 
regiment, battalion or detached company, to which he 
belongs, (or, if there are no such officers commissioned in 
such regiment, battalion or company, then from some respect- 
able physician living within the bounds of the same,) a 
certificate that he is unable to do military duty, on account 
of bodily infirmity, the nature of which shall be described in 
such certificate ; and the captain or commanding officer of 
his company may, on the back of the certificate, discharge 
the non-commissioned officer or private named therein, from 
performing military duty, for a term of time which he judges 
reasonable, not exceeding one year ; which certificate, when 
countersigned by the colonel or commanding officer of said 
regiment, battalion or company, shall, for the time specified, 
exempt him from military duty, except attendance at the 
election of officers. If such non-commissioned officer or 
private, having obtained such certificate, is refused a dis- 
charge, he may apply to the commanding officer of the bri- 
gade, who may discharge him from military duty for such 
time, not exceeding one year, as he judges reasonable, by 
indorsing the same upon the surgeon's certificate. 

VOLUNTEER MILITIA. 

Section 13. The active militia shall be composed of vol- acHvc miiuia to 

-, . f, . . ,■, ^ ,. /. consist of volun- 

unteers ; and in case oi war, invasion, the prevention oi teers. 
invasion, the suppression of riots, and to aid civil officers in 
the execution of the laws of the Commonwealth, shall first be 
ordered into service. 

Section 14. The number of companies of the volunteer Number of 

• !•.• !• i?iii • I^ ^ j_ Til companies, how 

militia, exclusive oi the two companies oi cadets and the apportioned and 
ancient and honoralile artillery company, shall be one hun- '^*'^^'^- 
dred of infantry, eight of cavalry, and five of light artillery, 
and shall be apportioned among the counties according to 
population. The volunteer companies, however, now organ- 
ized, shall be retained : provided^ that no county in the 
Commonwealth shall, by reason thereof, be deprived of the 
right and privilege of enlisting and organizing its proportion 
of the volunteer force under the provisions of this act. And ^.^r™?'" ™*y 
the commander-in-chief shall have full power and authority, nies. 
at any time hereafter, to disband any company or companies 
now organized, whenever, in his judgment, it shall be neces- 
sary or expedient, in order to give to each county its just 
proportion of the organized militia. 



174 



1866.— Chapter 219. 



Numbers of pri 
Tates and officers 



Volunteer com- 
panies. 



County quota, 
how completed. 



Term of duty of 
volunteers. 



Election of offi- 
cers in new com- 
pany, when and 
how ordered and 
conducted. 



Legal enlistment 
defined. 



Militia to be ar- 
ranged into divi- 
sions, brigades, 
regiments and 
battalions. 



The maximum number of commissioned officers, non-C(Mn- 
missioncd officers, musicians, farriers, artificers, wagoners and 
privates of said companies of cavalry and light artillery, 
respectively, and the number and rank of the officers and 
non-commissioned officers of said companies of infantry, shall 
be the same as that now or hereafter established by the war 
department, or the congress of the United States, for the 
arms of the service to which such companies severally belong. 
The maximum number of cofnmissioned officers, non-com- 
missioned officers, musicians and privates of said companies 
of infantry shall be sixty. 

Petitions for organizing volunteer companies may be granted 
by the commander-in-chief. No new company, however, shall 
be organized if thereby the whole force shall exceed six thou- 
sand officers and men. 

Section 15. When a county does not raise its quota, the 
commander-in-chief may grant petitions to complete the pre- 
scribed number in other counties. 

Section 16. Non-commissioned officers and soldiers of 
volunteer companies shall do duty therein for three years, 
unless disability after enlistment incapacitates them to per- 
form such duty, or they are regularly discharged by the 
proper officer. 

Section 17. No election of officers shall be ordered in a 
company hereafter organized unless at least fifty men have 
been enlisted therein. Upon the enlistment of that number, 
and notification given to the commander-in-chief by one or 
more petitioners for the company, attested by the mayor and 
aldermen or selectmen, an election of officers may be ordered ; 
and if there is no officer of the volunteer militia conveniently 
located to preside at such election, the commander-in-chief 
may issue an order for that purpose to one or more of the 
selectmen or mayor and aldermen of the place where a 
majority of the petitioners reside. 

Section 18. 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. The non-commissioned officers and pri- 
vates of each volunteer company, and all recruits admitted 
into the same, shall sign their names in a book of enlistment, 
to be kept by tbe commanding officer of the company for the 
purpose, in such form as shall be prescribed by the com- 
mander-in-chief, which signing shall be a legal enlistment. 

Section 19. The commander-in-chief may arrange the 
volunteer militia, when they exist in sufficient numbers and 
are conveniently located, into divisions-, brigades, regiments 



1866.— Chapter 219. 175 

and battalions, conformably to the laws of the United States, 
and make such alterations as from time to time may be 
necessary. Each division, brigade, regiment and battalion ^^^J^^^^^^^^r^ 
shall be numbered at the formation thereof, and a record made. 
thereof made in the office of the adjutant-general. 

Section 20. Companies of cavalry and artillery incon- [;f,er''?atte*ched 
veniently located for such organization may be attached to companies. 
such brigades as the commander-in-chief shall order. 

Section 21. The company of cadets in Boston and the cadet comijaniea. 
company of cadets in Salem may be attached to the same 
division or to separate divisions as the commander-in-chief 
shall direct. 

Section 22. Companies attached to divisions or brigades, companiesat- 

i . • 1 1 tached, other 

and not to regiments, shall, until otherwise organized, be than to regi- 
subject to the immediate orders of the commanders of such ™^'^'^" 
divisions or brigades ; who shall receive the returns and 
orders, have the authority and perform the duties, with 
regard to such companies, which are prescribed for the com- 
manders of regiments and battalions with regard to their 
companies. 

Section 23. The commander of a regiment or battalion P^.^T°*v^ ^?'* 

. ° -, . battahon bands, 

may raise by voluntary enlistment, and warrant and organize, how raised and 

within the limits of his command, to be under his direction *^"^ '' 

and command at encampments, or at any regimental parade 

ordered by the commander-in-chief, a band of musicians, not 

to exceed, including a master and deputy-master, eighteen 

for a regiment and eight for a battalion. The master, and 

in his absence the deputy-master, shall teach and command 

the band and issue all orders directed by such commander. 

Each member of the band shall keep himself provided with Member shaii 

, .„ iTiiixi T • -i • f provide uniform 

such uniiorm as may be directed by the commander-in-chiei, and instrument. 
and such instrument as the commander of his regiment or 
battalion prescribes, under penalty for each neglect, or defi- 
ciency, or for misconduct, of dismissal from the band by such 
commander, and of not less than ten nor more than twenty 
dollars, to be recovered on complaint by the adjutant. 

Section 24. If it appears to the commander-in-chief that D'sbandment of 

.,. . i'-^ n -T -I 1 -11 • • company, cause 

a company of militia has tailed to comply with the requisi- for deaned. 
tions of the law in matters of uniform, equipment and disci- 
pline, so that it is incapacitated to discharge the duties 
required of it, such company may be disbanded by the 
commander-in-chief. 

Section 25. If a company is destitute of commissioned s*"»« ^'"*'j«<='- 
officers, and, having been twice ordered to fill vacancies, 
neglects or refuses to fill them, such company may be 
forthwith disbanded by the commander-in-chief. 



176 



1866.--CHAPTER 219. 



Non-commis- . 
sioned officer or 
private, how dia- 



Section 26. The commander of a regiment may, upon 
the written application of the commander of a volunteer 
company in his regiment, accompanied by a reqviest in 
writing, signed by a non-commissioned officer or private, 
discharge such non-commissioned officer or private from the 
company ; and the commander of a company unattached, 
may, upon an application in writing, signed by a member 
thereof, discharge such member ; and commanding officers of 
regiments or detached companies may discharge non-com- 
missioned officers or privates of volunteer companies, upon 
the request by vote of a majority of the active members of 
the company. 



Militia, how or- 
gaoized. 



Staff of command- 
er-in-chief. 



Officers of divi- 
sions. 



Officers of bri- 
gades. 



Officers of regi- 
ments. 



Officers of battal- 
ions. 



Clerks, company. 

Officers of cadet 
companies. 



OFFICERS — APPOINTMENT, ELECTION, QUALIFICATION, AND DIS- 
CHARGE OF. 

Section 27. The militia under the command-in-chief of 
the governor of the Commonwealth, shall be organized as 
follows : The staff of the commander-in-chief shall consist of 
an adjutant-general, who shall be the chief of the staif with 
the rank of major-general, and shall be also the inspector- 
general of the militia ; a quartermaster-general and surgeon- 
general, each with the rank of brigadier-general, and four 
aides-de-camp, each with the rank of colonel, and such addi- 
tional officers of the general staff as the public service may 
require, with such rank as the commander-in-chief may desig- 
nate. To each division there shall be one major-general, one 
division-inspector, with the rank of lieutenant-colonel, two 
aides-de-camp, one division-quartermaster, one division engi- 
neer, and one judge-advocate, each with the rank of major. 
To each brigade there shall be one brigadier-general, one 
brigade-inspector with the rank of major, to serve also 
as brigade-major, one brigade-quartermaster, one brigade- 
engineer, and one aide-de-camp, each with the rank of cap- 
tain. To each regiment there shall be one colonel, one 
lieutenant-colonel, and one major ; one adjutant, one quarter- 
master, each with the rank of first lieutenant ; one surgeon 
with the rank of major, two assistant-surgeons, each with the 
rank of first lieutenant, one chaplain, one sergeant-major, 
one quartermaster-sergeant, one commissary-sergeant and one 
drum-major. To each separate battalion there shall be one 
major ; one adjutant and one quartermaster, each with the 
rank of first lieutenant ; one assistant-surgeon with the rank 
of first lieutenant, one sergeant-major and one quartermaster- 
sergeant. To every company there shall be one clerk, who 
shall be one of the sergeants. To the company of cadets in 
Boston, one captain with the rank of lieutenant-colonel ; one 



1866.— Chapter 219. 177 

lieutenant, one ensign, and one surgeon, each with the rank 
of major ; one adjutant and one quartermaster, each with the 
rank of first lieutenant. To the company of cadets in Salem, 
one captain and one surgeon, each with the rank of major ; 
one captain, three first lieutenants and four second lieuten- 
ants. Also, one adjutant and one quartermaster, eacli with 
the rank of first lieutenant. To each of said companies of 
cadets, five sergeants, four corporals and four musicians ; and 
there may be to each of said companies such number of com- 
pany officers of a rank, in the company in Boston, not above 
first lieutenant, and in the company in Salem, not above 
second lieutenant ; and of sergeants, corporals and musicians, 
and privates not exceeding one hundred, as the commander- 
in-chief may from time to time deem expedient for instruc- 
tion in the school of the battalion. Companies of cavalry and officers of unat- 
artillery attached to brigades, as mentioned in section twenty, n1es,^avarry°aa*ci 
shall be entitled to an adjutant and one assistant-surgeon '^"'"^''y- 
each, with the rank of first lieutenant, to be appointed by 
the commanding officers of said companies respectively, 
and commissioned by the commander-in-chief, and to hold 
their commissions, as other staff officers novv do, or until the 
companies to which they are attached are organized into bat- 
talions or regiments of the same arm ; and an adjutant so 
appointed and commissioned shall receive tlie same compen- 
sation as is allowed to other officers of such companies. 

Section 28. When the office of major-general, brigadier- in absence of 

111. i • • i ^ ai ' superior officer, 

general, colonel, major or captam is vacant, or such officer is uext in rank to 
sick or absent, the officer next in rank shall command the '=°'"'"8°'^- 
division, brigade, regiment, battalion or company, until the 
vacancy is supplied. 

Section 29. When a company has neither commissioned companies with- 

T rr- ,1 1 n ,^ • , out officers, how 

nor non-commissioned officers, the commander ot the regnnent commanded, 
or battalion to which it belongs shall appoint suitable persons 
within said company to be non-commissioned officers thereof; 
and shall appoint one of the non-commissioned officers to be 
clerk, indorse the appointment on his warrant, administer the 
oath to him, and certify the same, as required by section fifty- 
three. The senior non-commissioned officer of a company 
without commissioned officers, shall command the same, 
except upon parade, and as provided in the following section. 

Section 30. When a company is first enrolled, or from companies neg- 
any cause is without officers, and an election of officers is oT"ffice*°s llect 
ordered, if such company neglects or refuses to elect any how tr^unedlTd 
officer, or the persons elected shall not accept, the commander disciplined. 
of the regiment or battalion to which it belongs shall detail 
some officer of the staff or line of the regiment to train and 

30 



178 



1866.— Chapter 219. 



OflRcers of the 
line, how elected. 



Captains and 
subalterns. 



Staff officers, how 
appointed. 



Surgeons. 



Non-commis- 
sioned officers, 
how appointed. 



disciplhiG said company until some officer is elected or 
appointed by the commander-in-chief. Such officer shall 
have the same power, and be subject to the same liabilities, 
as if he were captain of said company ; shall keep the 
records of the company, and prosecute for all fines and for- 
feitures, in like manner as a clerk might do, under section 
one hundred and sixty ; and all meetings of such company 
shall be notified as provided in section one hundred and two. 

Section 31. The officers of the line of the militia shall 
be elected as follows : Major-generals, by the senate and 
house of representatives, each having a negative upon the 
other. Brigadier-generals, by the written votes of the field 
officers of the respective brigades. Field officers of regiments 
and battalions, by the written votes of the captains and sub- 
alterns of the companies of the respective regiments or bat- 
talions. Captains and subalterns of companies, by the written 
votes of the non-commissioned officers and privates of the 
respective companies. 

Section 32. The staff officers of the militia shall be 
appointed in manner following : The adjutant-general, quar- 
termaster-general, surgeon-general, and aides to the com- 
mander-iu-chief, by the commander-in-chief. The division- 
inspectors and division-quartermasters, by the respective 
major-generals, and approved by the commander-in-chief. 
The aides-de-camp of major-generals and divisiou-engifieers, 
by the respective major-generals. The judge-advocates, by 
the respective major-generals, and approved by the com- 
mander-in-chief. The brigade-majors and inspectors, brigade- 
quartermasters, brigade-engineers, and aides-de-camp to 
brigadier-generals, by the respective brigadier-generals. Ad- 
jutants, quartermasters, chaplains, surgeons and assistant- 
surgeons of regiments, by the respective colonels. Adjutants, 
quartermasters and surgeons of battalions, by the respective 
majors. The staff officers of the cadet companies shall be 
appointed by the respective commanding officers. No surgeon 
or assistant-surgeon shall be commissioned until he shall have 
furnished satisfactory evidence to the commander-in-chief that 
he is competent to perform the duties of his office. 

Section 33. The non-commissioned officers in the militia 
shall be appointed in manner following : Sergeant-majors, 
quartermaster-sergeants, commissary-sergeants, drum-majors 
of regiments, by the colonel of the regiment. Sergeant- 
majors and quartermaster-sergeants of battalions, by the 
major. Non-commissioned officers of companies, by the 
respective captains, who shall forthwith return the same in 
writins; to the comniandino: officer of the rcffiment or bat- 



1S66.— Chapter 219. 179 

talion. Clerks, by the commanding officers of the respective 
companies. 

Section 34:. When the office of clerk of a company is Duties of cierk. 
vacant, and it appears to the commander of the company that whln^o^fficT u 
there is satisfactory evidence that no person will accept the ^a'='^°*- 
same, he may issue his written order to a non-commissioned 
officer or private in the company, requiring him to perform 
all the duties of clerk, except keeping the records, for a term 
not exceeding three months ; in case of the absence, sickness' 
or inability of the clerk, the commander of the company may 
appoint a clerk pro tempore ; or, upon satisfactory evidence 
that no one in the company will accept the office j9/-o tempore, 
may order any non-commissioned officer or private to perform 
the duties of clerk until the clerk is able to perform the same 
or another is appointed ; and any non-commissioned officer 
or private refusing or neglecting to perform such duty, when 
so ordered, shall forfeit to the use of the company not less 
than ten nor more than twenty dollars, to be recovered on 
complaint by the commander of the company. In such cases Kecorda, by 
the records of the company shall be kept by the commander '^''"'"^^p*- 
thereof as long as such vacancy, absence, sickness or inability 
continues, and records so kept shall be competent evidence 
of such orders and temporary appointments, as well as of 
matters of which they would be evidence if kept by the 
clerk. 

Section 35. All commissioned officers shall be commis- officers, how 

1,., t • ^ • o T ,,1 .• commissioned. 

sioned by the commander-in-chiei, accordmg to the respective 

offices and grades to which they may be elected or appointed. 

Every non-commissioned officer's warrant shall be given and Noncommis- 

signed by the commanding officer of his regiment or battalion, warwnts.*'" ' 

Clerks shall have their appointments certified on the back of 

their warrants by the commanding officers of their respective 

companies. 

Section 36. No idiot, lunatic, common drunkard, vaG;a- Disqualification 

. to office 

bond, pauper, nor person convicted of an infamous crime, 
shall be eligible to any military office. When it appears to 
the commander-in-chief that a person thus ineligible has 
received a majority of the votes cast at an election of officers, 
he shall not commission him, but shall declare such election 
null and void, and appoint some person to fill the vacancy. 

Section 87. Commissioned officers shall take rank accord- comm^issioned 
ing to the date of their commissions. When two of the ranb,'&c. 
same grade bear an even date, the rank shall be determined 
by lot drawn before the commander of the division, brigade, 
regiment, battalion, company or detachment, or president of 
a court-martial, as the case may be. The day of the appoint- 



180 1866.— Chapter 219. 

Date of office to meiit 01' clectioii of an officer shall be expressed in his com- 
e expresse . n^igyjon, and Considered as the date thereof. When he is 

transferred to another corps or station of the same grade, the 

date of the original appointment shall be expressed and 

considered the date of his commission. 
Duplicate com- SECTION 38. Wlicn an officer loses his commission, upon 
in case of lots, affidavit made before a justice of the peace and produced to 

the adjutant-general, a duplicate commission shall issue of 

the same tenor and date. 
Major-generals to SECTION 39. Maior-gcnerals shall be notified of their elec- 

be notified of tjlec- • *j o 

tion. tions by the secretary of the Commonwealth, and, unless 

within thirty days after such notice they signify to the 

secretary their acceptance of office, shall be taken to have 

refused the same. 

Elections to fill SECTION 40. Major-geucrals of division shall order elec- 

niajor-generai to tions to fill all vacaiicics whicli occur in their respective 

order. dlvislons, in the office of brigadier-general, field officer, 

captain or subaltern. Such elections shall be held at the 

place most convenient for the majority of the electors, and 

shall be ordered throughout each division at least once in 

each year ; the elections of company officers first, and those 

of field officers next. 

Electors, notice SECTION 41. Elcctors shall be notified of elections at least 

Penalty for ab- tcu days prcviously thcrcto. A non-commissioned officer or 

^®"'^^' private unnecessarily absent from company election, shall 

forfeit one dollar, to be recovered on complaint of the clerk, 

one-half to his use, and one-half to the use of the company. 

Presiding officers SECTION 42. Officcrs Ordering elections may preside, or 

at tlectlous */ X ^ 

detail some officer of suitable rank to preside, and in case no 
officer of sufficient rank resides within the county where 
such election is to be held, the chairman of the selectmen of 
the town in which such company is organized may preside at 
such election. 

Section 43. A captain, or staff officer of the rank of 
captain, may preside at the election of an officer of equal or 
inferior grade within the limits of liis regiment or battalion ; 
but no candidate for the vacancy shall preside at the election, 
except to adjourn the meeting if no proper officer appears to 
preside. 
Records and re- At all clcctioiis such prcsidiug officcr shall keep a record 
i*Dg".*° ^^'^'^^ ' of the proceedings, and make return thereof to the command- 
ing officer of the battalion, regiment, brigade or division, as 
may be proper. If the company is unattached, such return 
shall be made to the adjutant-general. 
Majority of votes SECTION 44. Tlic pcrsou who lias a majority of the written 
aud^Tturu."" "^^ votes of thc elcctors present at a meeting duly notified, shall 



1866.— Chapter 219. 181 

be deemed elected, and the presiding officer shall forthwith 
notify him of his election, and make return thereof, or of 
neglect or refusal to elect, to the commander of the division. 
Every person so elected and notified, shall accept, if a briga- Acceptance, 
dier-general or field officer, within ten days, or, if a company 
officer, within three days ; otherwise he shall be taken to 
have refused. If before the meeting for the election of any 
officer is dissolved, the person chosen signifies to the presid- 
ing officer his refusal to accept, the same shall be recorded 
and make part of the return, and the electors shall proceed 
to another election. "Elections may be adjourned, not exceed- Adjournment of 
ing twice, and each adjournment for a period not exceeding company eiec 
two days ; but no company election shall be legal unless it is *'°"- 
notified in the manner prescribed in section forty-one. 

The roster of the brigade, regiment or battalion, or the roll Ros^r or roii to 

tD 7 CD -M T ^® produced. 

of the company, as the case may be, shall be prodiiced at 
such elections, by the person having the legal custody thereof. 

Section 45. When the electors neglect or refuse to elect Failure to elect, 
to fill a vacancy, the commander-in-chief shall appoint a suit- 
able person. The commanding officer of the division shall Returns of eiec- 

i. TPi 1 'i tions, or of failure 

return all elections, and refusals or neglect to elect, to the to elect. 
commander-in-chief, agd unless he is notified by the com- 
mander-in-chief of his intention to make an appointment, he 
may, if necessary, order a new election. 

Section 46. When a company newly enrolled, or, from Election.'^ in rer- 

.^1 . ' • ^ cd J.^ 1 tain compauies. 

any cause, is without commissioned officers, the commander 
of the regiment or battalion may without an order from the 
commander of the division, order an election of officers as 
soon as may be. 

Section 47. When an officer holding a military commis- officer to hold 
sion is elected to another office in the militia, and accepts the sion. 
same, such acceptance shall constitute a part of the return of 
the presiding officer, and shall vacate the office previously 
held. 

Section 48. Commissions shall be transmitted to the commissions, 
commanding officers of divisions, and by them, through the 
proper officers, to the officers elect. 

Section 49. AVhen a person elected or appointed to an if declined or not 
office refuses to accept his commission or qualify at the time '^'^' ^ "^°°' 
of acceptance, the major-general shall certify the fact on the 
back thereof, and return it to the adjutant-general ; and if 
the office is elective a new election shall be ordered. 

Section 50. No candidate for office in the militia, pending Persons at eiec- 
or after an election, shall treat with intoxicating liquors the no^toVe" given 
persons attending thereat, and no officer shall on days of *^'"'^' 
military duty so treat persons performing such duty. 



182 



1866.— Chapter 219. 



Kxemption from 
civil arrest. 



Oaths of commis- 
sioned officers. 



Uow certified. 



Oath of clerk of 
company. 



How certified. 



Officer's dis- 
charge, how 
granted. 



Section 51. No officer or soldier shall be arrested on civil 
process while going to, remaining at or returning from a place 
where he is ordered to attend for election of officers or 
military duty. 

Section 52. Every commissioned officer, before he enters 
on the duties of his office or exercises any command, shall 
take and subscribe before a justice of the peace, or general or 
field officer who has previously taken and subscribed them 
himself, the following oaths and declarations : 

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

" I, A B, do solemnly swear and affirm, that I will faithfully and impar- 
tially discharge and perform all the duties incumbent on me as , 
accoi-ding to the best of my abilities and understanding, agreeably to the 
rules anA regulations of the constitution, and the laws of the Common- 
wealth. So help me, God." 

'' I, A B, do solemnly swear that I will su^iport the constitution of the 
United States. So help me, God." 

And on the back of every commission the following certifi- 
cate sliall be printed and signed by the person before whom 
such officer is qualified : 

This may certify that A B, commissioned as within on this day of 

, A. D. , personally appeared, and took and subscribed the 

oaths required by the constitution and laws of this Commonwealth and a 

law of the United States, to qualify him to discharge the duties of his 

office. 

' Before me, 

Section 53. Every clerk of a company, before he enters 
upon his duties, shall take the following oath before the com- 
manding officer of the company to which he belongs, viz. : 

" I, A B, do solemnly swear that I will faithfully and impartially per- 
form all the duties incumbent on me, as clerk of the company to which I 
belong, according to the best of my abilities and understanding. So help 
me, God." 

The commander of such company shall, at the time of 
administering the oath, certify on the back of the warrant of 
the sergeant appointed to be clerk that he was duly qualified 
by taking the oath required by law. 

Section 54. When an officer requests in writing his dis- 
charge from office, with the approval of the commanders of 
the regiment or battalion, brigade and division to which he 
belongs, the commander-in-chief may discharge him. If such 
officer belong to an unattached company, he may be dis- 
charged in the same manner with the approval of the 
adjutant-general. 



1866.— Chaptefx 219. 183 

Section 55. No commanding officer shall approve a resig- conditions of 
nation under the preceding section, if the same is offered chargl? ° '^' . 
between the first day of May and the first day of November, 
unless the reasons for such resignation are urgent and proved 
to his satisfaction ; and the rolls, orderly book, roster docu- 
ments and all other military property belonging to the Com- 
monwealth in the custody of the officer resigning shall, before 
his discharge is delivered to him, be deposited with the 
officer having a right to the custody of the same. 

Section 56. If an officer unreasonably refuses to approve now discharged 

,... n, Ti I'i- ij. '.if officer unrea- 

an application for discharge, and it is so made to appear to sonabiy refuses. 
the commanders above him, they may approve the same, and 
the commander-in-chief may discharge the applicant. 

Section 57. No officer, other than a staff officer appointed when command- 

, , T.i.f>ini Ti 11 1 er-in-chief may 

by tlie commander-in-chiei, shall bo discharged by the com- discharge with- 
mander-in-chief, unless upon his own request, except as officer!'^"^^' ° 
follows : When it appears to the commander-in-chief that he 
has become unable or unfit to discharge the duties of his 
office, or to exercise proper authority over his inferior officers 
and soldiers, or that he has been convicted of an infamous 
crime ; when the commander of his division certifies that he 
has, either before or after receiving his commission, removed < 

his residence out of the boimds of his command to so great a 
distance that in the opinion of such commanding officer it is 
inconvenient to exercise his command ; when such com- 
mander certifies that he has been absent from his command 
more than one year without leave ; upon address of both 
houses of the legislature to the governor ; upon sentence of 
court-martial, after trial according to law ; when the corps 
to which he belongs is disbanded ; in which cases he may be 
so discharged. Every officer, except when under arrest, 
shall perform the duties of his office until he is discharged. 

Section 58. When an officer accepts an appointment in Officer accepting 
the army or navy of the United States, his office shall thereby il^sI^^vL A" 
become vacant ; and if, after accepting such appointment, he "^'^^ °®'^®' 
exercises any of the powers and authority of such office, he 
shall forfeit not exceeding three hundred dollars. 

Section 59. The commissions of staff officers appointed stair officers, ten- 

' I . ure of commis- 

by any other officer than the commander-in-chief shall expire sions. 
as soon as the successor of such appointing officer is com- 
missioned. Staff officers appointed by the commander-in- 
chief shall hold their offices for one year and until their • 
successors are appointed and qualified, but may be removed 
at any time by the commander-in-chief. 

Section 60. Officers under arrest shall not resign, but ^e^tlL^ended"' 
shall be suspended from exercising the duties of office. 



184 



1866.— Chapter 219. 



Non-commis- SECTION 61. A Don-commissloned officer or clerk of a 

sioned officer, • i • rv j ii t rv> c 

resignation. compaiiy uiaj rcsigii liis omce to tlie commauduig oinccr oi 
his company, who may accept such resignation. 



Adjutant-gener- 
al, duties of. 



Same subject. 



Same subject. 



ADJUTANT, QUARTERMASTER AND SURGEON-GENERAL. 

Section 62. The adjutant-general shall distribute all 
orders from the commander-in-chief; attend all public 
reviews when the commander-in-chief shall review the militia, 
or any part thereof; obey all orders from him relative to 
carrying into execution and perfecting the system of military 
discipline established by the laws of the state and of the 
United States ; furnish blank forms of the different returns 
that may be required, and explain the principles on which 
they sliould be made ; distribute all books required to be 
furnished at the public expense ; receive from the several 
officers of the different corps throughout the state returns of 
the militia under their command, reporting the actual condi- 
tion of their uniforms, arms, accoutrements and anmiunition, 
their delinquencies and every other thing which relates to the 
general advancement of good order and discipline, all of 
which the several officers of the divisions, brigades and regi- 
ments, are hereby required to make in the usual maimer, so 
that the adjutant-general may be furnished tlierewith, and 
from all said returns he shall make proper abstracts and lay 
the same annually before the commander-in-chief; and he 
shall annually, on or before the first Monday in January, 
make a return in duplicate of the militia of the state, with 
the condition of their uniforms, arms, accoutrements and 
ammunition, according to such directions as he may receive 
from the secretary of war of the United States, one copy of 
which he shall deliver to the commander-in-chief, and the 
other of which he shall transmit to the president of the 
United States. 

Section 63. He shall, within twenty days after the receipt 
of each company or band pay-roll, under sections one hundred 
and twenty-eight, one hundred and twenty-nine and one hun- 
dred and thirty-one, after carrying out therein opposite to the 
name of each man returned the amount of pay to which he 
is entitled, and certifying thereon that it contains the names 
of those persons only wiio are entitled to pay, transmit the 
same to the mayor and aldermen or the selectmen of the city 
or town in which the armory or place of assembly of such 
company or land is situated. 

Section 64. He shall, on or before the twenty-fifth day of 
January in each year, make out a certified roll of the names 
of all the general, field and staff officers, that appear by the 



1866.— Chapter 219. 185 

returns made to him under section one hundred and thirty- 
two to be entitled to the pay under sections one luindred and 
forty-four and one hundred and forty-six, and shall ascertain 
from the returns made to him under sections one hundred 
and. twenty-eight and oiie hundred and thirty-one the amount 
of money necessary to re-imburse the several cities and towns, 
and shall submit such roll and result to the auditor, and the 
governor shall draw his warrant on the treasury for such 
sums as may be necessary to pay such officers and re-imburse 
such cities and towns. 

Section 65. The quartermaster-general, under the direc- Quartermaster- 
tion and supervision of the commander-in-chief, shall purchase ^*"'*'^ ' 
and issue all ordnance stores, artillery, arms and accoutre- 
ments, clothing, camp equipage and military stores generally, 
except such as are expressly directed by law to be purchased 
by other officers. He shall, imder the orders of the com- 
mander-in-chief, procure and provide means of transport for 
the militia, and for all its implements, munitions of war and 
military supplies, and shall be the keeper of the public maga- 
zines and of all military property of the Commonwealth, 
excepting such as is by law expressly intrusted to the keeping 
of other officers. He shall give bond to the state in the penal Bond and sure- 
sum of twenty thousand dollars, with two sureties at least, to 
be approved by the governor and council, conditioned faith- 
fully to discharge the duties of his office ; to use all necessary 
diligence and care in the safe-keeping of military stores and 
property of the Commonwealth committed to his custody ; to 
account for the same, and deliver over to his successor, or to 
any other person authorized to receive the same, such stores 
and property. And any other officer to whom any arms, 
equipments, stores or other property of the Commonwealth 
shall at any time be issued, may be required to give a bond 
to the satisfaction of the governor and council, with the like 
condition. 

Section 06. The surgeon-general, under the direction and surgeon-generai. 
supervision of the commander-in-chief, shall purchase and 
issue all medical, surgical and hospital supplies, and perform 
all such other duties appertaining to his office as the 
commander-in-chief shall from time to time direct. 

Section 67. The adjutant-general, quartermaster-general Adjutant, quar- 
and surgeon-general shall account as often as may be required sul-geoVgenerais 
by the commander-in-chief, and at least once yearly, to the for^'propertylnd 
commander-in-chief, in sucli manner as he shall prescribe, for expenditures. 
all property which shall have passed through their hands, or 
the hands of the subordinate officers of their respective 
departments, or that shall be in their care or possession, and 

31 



186 



1866.— Chapter 219. 



Neither ofiRccr 
nor assistants to 
be concerned in 
purchase or sale 
of articles for 
departments, 
except under 
law. 



Duties of quar- 
termaster-gener- 
al may be trans- 
ferred. 



Uniforms and 
arms, commis- 
sioned officer to 
provide selves. 



Enlisted men to 
be furnished by 
State. 



Outfit shall be 
deemed as loan. 



Duty in making 
requisition for 
uniforms and 
arms. 



for all moneys which they shall expend in discharging their 
respective duties ; and they shall annually, in January, lay 
before the auditor, accounts with vouchers of their expendi- 
tures during the previous year. 

Section 68. Neither the adjutant-general, quartermaster- 
general or surgeon-general, nor any assistant of either of 
them, nor any subordinate officer of their departments, shall 
be concerned, directly or indirectly, in the purchase or sale 
of any article intended for, makhig a part of or appertaining 
to their respective departments, except for and on account of 
the Commonwealth, nor shall they or either of them take or 
supply to his or their own use any gain or emolument for 
negotiating or transacting any business in their rei.'pective 
departments, other than what is or may be allowed by law. 

Section 69. When the service will permit, the com- 
mander-in-chief may require the duties imposed upon the 
quartermaster-general by this act to be performed by any 
member of his staff, who shall in that case give a bond to 
the state in like manner as is required of the quartermaster- 
general. 

ARMS, equipments, EQUIPAGE, ETC. 

Section 70. All commissioned officers shall provide them- 
selves with such uniforms and arms complete, as the com- 
mander-in-chief shall prescribe, subject to such restrictions, 
limitations and alterations as he may order. 

Section 71. Every company of cavalry, artillery, cadets 
and infantry duly organized under the militia laws of the 
Commonwealth, shall be furnished at the expense of the 
Commonwealth, with such uniforms, arms and equipments 
as are required for the performance of military duty in the 
manner prescribed by the provisions of this act, upon the 
written requisition of the commanding officer of such com- 
panies respectively. 

Section 72. The uniforms, arms and equipments so fur- 
nished shall remain and continue to be the property of the 
Commonwealth, and shall be considered only as a loan to 
such companies respectively for military purposes, and shall 
be returned when called for by competent authority. 

Section 73. Every commanding officer of a company 
upon making a requisition upon the quartermaster-general 
or otlier officer charged witli the custody of the military 
property of the Commonwealth, for the uniforms, arms and 
equipments required for the use of his company, shall furnish 
to the officer upon whom the requisition is made, a schedule 
of the articles of military property required, and no such 



1866.— Chapter 219. 



187 



uniforms, arms or equipments shall be issued to, or for the company to 
use of, any company, unless the said company shall have at ''"™ " ^' 
least fifty non-commissioned officers and privates actually 
belonging thereto, and duly enrolled for the performance of 
active duty. 

Section 74. Upon the delivery of the uniforms, arms and officer's receipt 
equipments as aforesaid, the oflUcer receiving the same shall property. 
receipt therefor in manner following, to wit : 

I, A B, commanding officer of company , of the regiment, 

brigade, division, (or unattached company, as the case may 

be,) of the militia of Massachusetts, do hereby acknowledge that I have 
received of C D, (adjutant-general, quartermaster-general, or ordnance 
officer, as the case may be,) the several articles of military property set 
forth in the schedule hereto annexed, to be used by said company for the 
performance of military duty in conformity with the laws of this Com- 
monwealth and for no other purpose. 



Section 75, All arms, equipments and military property 
of every description (except uniforms,) which shall be fur- 
nished to the several companies under the provisions of tltis 
act, shall be deposited in the armories of said companies 
respectively, for safe keeping, and be used only for the per- 
formance of military duty according to law. 

Section 76. It shall be the duty of the adjutant-general 
to furnish in duplicate, at the expense of the Commonwealth, 
to every commanding officer receiving military property in 
manner herein before provided, suitable blank rolls and forms 
for receipt, embracing in substance as follows : 



All military prop- 
erty, except uni- 
forms, to be kept 
in armories. 



Form of roll and 
receipt for mili- 
tary property, 
adjutant-general 
to furnish. 



Names of Enrolled 
Members. 



riace of Resi- 
dence. 



Articles deliv- 
ered. 



And the said commanding officer shall, before delivering to 
the non-commissioned officers and soldiers under his command 
any of the said uniforms, or other article of public property, 
cause their names and places of residence to be severally 
entered upon said blank rolls, the articles to be delivered to 
them, and the value thereof in dollars and cents set against 
their respective names, and to take their several written 
receipts in duplicate therefor ; and one of the rolls prepared Duplicate 
and signed as aforesaid shall remain in the possession of such '^i«wre<i. 



188 1 866.— Chapter 219. 

commanding officer during his continuance in office, and 
shall be turned over to his successor, and the duplicate 
thereof shall be forthwith returned to the quartermaster- 
general of the Commonwealth, 
soidipr to be re- SECTION 77. Evcrj non-commissioued officer and soldier 
of property. to wliom a unlfonu or other article of military property shall 
he delivered, in pursuance of the provisions of this act, shall 
he held personally responsible for its care, safe keeping and 
When to be used, preservation ; he shall use the same for military parades 
only, and upon receiving a discharge or otherwise withdraw- 
ing from his company, or upon the written demand of his 
Surrender of Commanding officer, shall forthwith surrender and deliver up 
the said uniform, together with all other articles of military 
property that may be in his possession, to the said command- 
ing officer, in as good order and condition as the same were 
at the time he received the same, reasonable use and ordinary 
wear thereof excepted. 
pe"a°t"for*injury SECTION 78. Ally non-commissioucd officer or soldier who 
or failure to re- shall ucglcct or fail to rctum his uniform or other military 
property in his possession, as provided in the preceding sec- 
tion, and any person whatever who shall wilfully or mali- 
ciously destroy or injure any uniform or other article of 
military property belonging to the Commonwealth, shall be 
punished by a fine not exceeding double the amount of the 
value of such uniform or other property so withheld, injured 
or destroyed, to be recovered on complaint of the commander 
of the company to which such delinquent belongs, for the 
use of the Commonwealth. 

Penalty for wear- SECTION 79. WhoCVCr USCS Or WCarS, CXCCpt UpOU public 
ing, except on . . n ^ • i ■ re 

parade or by per- paradcs Or by Special permission oi his commanding officer, 

™' ■ any uniform or other article of military property belonging 

to the Commonwealth, shall be punished by fine not exceed- 
ing twenty dollars for every such offence, to be recovered in 
manner referred to in the preceding section. 

Penalty for sell- SECTION 80. Any iioii-commissioned officer or soldier who 
shall sell or dispose of such uniform, or secrete or remove 
the same with intent to sell or dispose thereof, shall be 
deemed guilty of a misdemeanor, and be punished by a fine 
not exceeding two hundred dollars, and by imprisonment in 
the county jail not exceeding six months. 

Equipments ex- SECTION 81. Evcrv officcr sliall liold his uniform, arms 

empt from at- • i i i p /> n • 

tachment. aud accoutrcments, required by law, tree from all suits, 

distresses, executions or sales, for debt or payment of taxes. 



1866.— Chapter 219. 189 

ARTICLES FURNISHED BY THE STATE. 

Section 82. Whenever any corps or detachment of the Tents, camp 
militia is ordered to perform any dnty requiring the use auulmumon to 
thereof, the quartermaster-general shall deliver to the com- g^t""'^'''*'^''^ 
manding officer of such corps or detachment sucn tents, 
fixtures and other camp equipage, and such ammunition, as 
may be necessary for the discharge of such duty ; and each uo'^ ^ept, &c. 
officer to whom such equipage is delivered, siiall be responsi- 
ble for the safe keeping of the same, and shall return the 
same to the quartermaster-general when the duty shall have 
been performed for which the same was issued ; and in case 
of the discharge or death of such officer, he or his legal 
representative shall be released from such responsibility upon 
filing in the office of the quartermaster-general a certificate of 
the officer succeeding him in command that the articles so 
furnished are in his custody at the date of the certificate, and 
in good order and condition, reasonable use and wear thereof 
excepted, and the officer giving such certificate shall from 
that time be responsible for such articles as if they had been 
originally issued to him. 

Sectiox 83. Each regiment and battalion shall be fur- colors to regi- 
nished by the state with the national and state colors, their uuons*" 
staffs, belts and sockets, and the commander of such regiment 
or battalion shall be responsible for their safe keeping. 

Section 84. Each company of the volunteer militia, on Arms and equip- 
application by the commander thereof to the adjutant-general, nished to compa- 
and producing satisfactory evidence that a suitable armory or '"^^■ 
place of deposit is provided therefor, agreeably to section 
ninety-four, shall be furnished with such appropriate arms 
and equipments as shall be determined by the commander- 
in-chief. 

Section 85. It shall be the duty of the commissioned commissioned 

rt^ „ ^11 •!•• •! officers to be re- 

officers of every company of the volunteer miiitia respectively sponsible for mii- 

to exercise the strictest care and vigilance for the preserva- ''"^ property. 

tion of the uniforms, arms, equipments and military property 

furnished to their several companies under the provisions of 

this act ; and in case of any loss thereof or damage thereto, 

by reason of the wilful neglect or default of such officers, or 

either of them, to exercise such care and vigilance, he or they 

shall be held to make compensation therefor, to be recovered 

by an action of contract brought by the quartermaster-general 

against all or any of such officers ; which action it shall be his 

duty to bring. 

Section 86. In case of the discharge or death of an officer, now reiiered in 
he or his legal representative shall be relieved from responsi- oneath.'**^ ^^^^ 
bility, for the safe keeping, preservation and return of the 



190 1866.— Chapter 219. 

military property furnished to and in the possession of such 

officer by provisions of law, upon filing in the office of the 

adjutant-general a certificate signed by the commissioned 

officers of his company, that such articles are, at the date of 

the certtficate, undiminished in quantity and value, reasonable 

use and wear excepted. 

Disposition of Section 87. Upon the disbandment of a volunteer corn- 
arms on disband- i • i i • i • /• • j. 

meat of company, pauy whicli lias rcccivcd uuitorms, arms, equipments or 
equipage from the quartermaster-general, in accordance with 
the provisions of this act, tlie commissioned officers of such 
company shall be responsible for the safe return to the 
custody of the quartermaster-general of all public property in 
possession of said company ; and for any loss or damage 
thereto compensation may be obtained in manner provided in 
section eighty-five. 

Musical instru- SECTION 88. Eacli compauy of militia shall be furnished 

ments for com- .,, i-i , n • ii i'i*/» 

panics; colors, With sucli instrumcnts 01 music as the commander-in-chiei 
uLedandkep^! shall ordcr. Each commander of a brigade may make requi- 
sitions upon the quartermaster-general, or officer acting as 
such, in favor of the commanders of regiments, battalions 
and companies, for colors and instruments of music. Com- 
manders of companies shall be responsible for the safe keeping 
of the instruments delivered to them for the use of their 
companies. 
Batteries of artii- SECTION 89. Eacli compauy of artillery shall be provided 
t"be furnisiTed*! by tlic quartermastcr-geiieral with the battery of manoeuvre 
prescribed for that arm by the war department of the United 
States ; with caissons, harness, implements, laboratory and 
ordnance stores, which may, from time to time, be necessary 
for their complete equipment for the field ; and, when target 
practice is expedient in the opinion of the commander-in- 
chief, such quantity of ammunition annually as he deems 
necessary to be expended in experimental gunnery. The 
omcers account- commissioncd officers of each company shall be accountable 
for the preservation of the pieces, apparatus and ammunition 
aforesaid, and for the proper expenditure of the ammunition. 
Horses for bat- SECTION 90. Tlic Commanding officer of such company, 
ni"hed. "^ "'^' when it is ordered to march out of the city or town where 
the gun-house is situated, and on occasions of parade for 
experimental gunnery or camp duty, shall provide horses to 
draw the field pieces and caissons, and present his account of 
the expenses thereof, as provided in section one hundred and 
fifty-five. On all other occasions, when ordered out by an 
officer of competent autliority for camp or salute duty, tlie 
charges for horses, powder and necessary expenses, shall be 
defrayed by the quartermaster-general. 



1866.— Chapter 219. 191 

Section 91. The commissioned and non-commissioned Books of instrue- 
officers of the volunteer militia shall be furnished with such and regulations. 
books of instruction in tactics and army regulations as the 
commander-in-chief shall deem expedient, which books shall 
continue to be the property of the Commonwealth, and shall 
be carefully kept and delivered by such commissioned and 
non-commissioned officers to their successors. 

Section 92. The commander-in-chief, with the advice Miutary storas, 
and consent of the council, may sell or exchange, from time coundrLayX- 
to time, such military stores belonging to the quartermaster- p°^^' 
general's department as are found unserviceable or in a state 
of decay, or which they think it for the interest of the state 
to sell or exchange. 

Section 93. The committee of the legislature on the committee of 
militia shall annually, in January, visit the arsenal in Cam- vlSt^aiSnai 
bridge, and make a thorough examination into the condition ^^^ ^^^°^*" 
of the same, of the arms and munitions of war and other 
property of the state or general government deposited there, 
and report the condition of the arsenal and property. 

AEMORIES. 

Section 94. The mayor and aldermen and selectmen shall Municipalities to 
provide for each company of the volunteer militia within the for companjes. 
limits of their respective cities or towns a suitable armory, 
for the deposit and safe keeping of the arms, equipments and 
other military property furnished it by the state, and for the 
purposes of squad drill, and shall also provide suitable places 
for the parade, target practice and company drill of the militia 
belonging to their respective cities and towns. Cities and 
towns in which batteries are located are hereby authorized to 
raise money by taxation or otherwise for the purpose of erect- 
ing suitable armories. "When a company is formed from dif- Location of 
ferent places, the location of such armory shall be determined "'"°'"^" 
by a majority of its members, subject to the approval of the 
adjutant-general. 

Section 95. They shall annually, in October or November, shaii annually 
transmit to the office of the adjutant-general a certificate, n^es''^proT7ded 
verified by the oath or affirmation of at least two of their '''"* '''"^ *'''' 
board, showing the name of each company furnished with an 
armory, the amount paid for the rent thereof, and stating 
that a majority of their board consider such armory necessary 
for the use of such company, and that the rent charged 
therefor is fair and reasonable according to the value of real 
estate in their place. 

Section 96. The adjutant-general shall annually examine ciaims for rent 
all certificates so returned to his office, institute any inquiries a°ijuun"t^glueraf. 



192 



1866.— Chapter 219. 



Pavment. 



Penalty for re- 
ceiving under 
false return. 



Examination of 
armories. 



he deems expedient relative thereto, and allow them in whole 
or in part, to an amount not exceeding three hundred dollars 
for one company. He shall, within ten days after such exami- 
nation, file in the office of the auditor his certificate, stating 
the sums allowed, the name of the company for whose use 
each sum is allowed, and the place to which it helongs ; and 
shall thereupon notify the mayor, aldermen or selectmen of 
the sum allowed to their place, which sum shall be paid upon 
the warrant of the governor to such mayor and aldermen or 
selectmen, as provided by law for the re-imbursement of sums 
paid for military service. 

Section 97. A city or town receiving from the treasury of 
the Commonwealth, by reason of a false return or certificate, 
iinder section ninety-five, any money to which such place is 
not entitled, shall forfeit a sum not exceeding four times the 
amount of money so received. 

Section 98. The commander-in-chief may at any time 
detail an officer to examine any armory and report the condi- 
tion thereof, and of the arms, equipments and equipage 
therein deposited. 



Orders of gorern- 
oraad of commis- 
sioned officers, 
how distributed. 



Notice when com- 
pany is ordered 
out, by whom to 
be given. 



Penalty for fail- 
ure to notify. 



Service and proof 
of notice. 



ORDERS AND NOTIFICATIONS. 

Section 99. Orders from the commander-in-chief shall be 
distributed by the adjutant-general ; division orders by the 
division-inspector ; brigade orders by the brigade-major ; 
regimental and battalion orders by the adjutant ; company 
orders by the clerk or by any non-commissioned officer or 
private when so required by the commanding officer. 
General, division, brigade, regimental and battalion orders 
may, in cases of emergency, be transmitted by telegraph ; 
and all such orders so transmitted shall be deemed to have 
been legally transmitted within the meaning of this act. 

Section 100. When a commander orders out his company 
for military duty, or for election of officers, he shall order 
one or more of the non-commissioned officers or privates to 
notify the men belonging to the company to appear at the 
time and place appointed. Such non-commissioned officer or 
private shall give notice of such time and place to every 
person Avhom he is ordered to notify ; if he fails so to do, he 
shall forfeit not less than twenty nor more than one hundred 
dollars, to be recovered on com))laint of the clerk, one-half to 
his use and one-half to the use of the Commonwealth. 

Section 101. No notice shall be legal, unless given by 
such non-commissioned officer or private to each man ver- 
bally, or by delivering to him in person or leaving at his 
usual place of abode a written or printed order signed by 



1866.— Chapter 219. 193 

such officer or private, four days at least previous to the time 
appoiuted, if for military duty, and ten days previous thereto, 
if for election of officers ; but in case of invasion, insurrec- 
tion, riot or an unforeseen or sudden occasion, a verbal, 
written or printed notice, however short, shall be legal. 
When a company is paraded, the commanding officer may 
verbally notify the men to appear at a future day, not exceed- 
ing thirty days from the time of such parade, which shall be 
sufficient notice as respects the persons present ; and all com- 
manders of companies may on parade, read division, brigade 
or regimental orders, and notify the soldiers of their several 
commands to appear as by such orders required ; which 
notice shall be a sufficient warning. Notifications may be 
proved, as provided in section one hundred and sixty. 

Section 102. When a company is without commissioned company wsth- 
officers, the commander of the regiment or battalion to notified!*"' 
which it belongs, or the officer detailed by him to discipline 
the same, shall in writing order any non-commissioned officers 
or privates to notify the persons liable to do duty in such com- 
pany, to appear for duty required by law, at the time and 
place mentioned in such order ; and if a non-commissioned Forfeiture for 
officer or private refuses or neglects so to notify, he shall ^^^ ^'^ ' 
forfeit and pay to the use of his regiment or battalion not 
less than twenty nor more than one hundred dollars, to be 
recovered on complaint by the commander thereof. 

Section 103. Clerks of companies shall record in the Record of orders 
orderly book company orders and notifications ; but such ""^ "°''<"«s. 
record shall not be necessary to the recovery of a penalty. 

DISCIPLINE, TRAININGS, INSPECTION AND CAMP DUTY. 

Section 104. The system of discipline and field exercise Discipline oru.s. 
ordered to be observed by the army of the United States, in """^ ^'*°p'*'*- 
the different corps, or such other system as may hereafter be 
directed for the militia by laws of the United States, shall be 
observed by the militia. 

Section 105. The volunteer militia shall parade by com- Annual May par- 
panies, unless otherwise ordered, annually, on the last "^iuT^ monthly 
Wednesday in May, for inspection, company drill and 
manoeuvre. They shall also be assembled for drill by com- 
panies, unless otherwise ordered, at least once in each month, 
(exclusive of the annual inspection in May, and of the three 
days of camp duty as hereinafter provided ;) and said drills, 
whether one or more in any month, sliall continue in the 
aggregate not less than four, nor more than six hours, in 
each month, at the discretion of the commanding officer; and 
unless otherwise ordered, the times for such monthly drill 

32 



194 1866.— Chapter 219. 

shall be fixed by the commandc'rs of companies respectively. 
If a company is so situated that the soldiers cannot be con- 
veniently assembled at one place for monthly drills, the com- 
mander thereof may order the same to be drilled in squads ; 
each squad shall, if practicable, be under the command of a 
commissioned officer. The members of the company shall be 
notified as provided in sections ninety-nine and one hundred. 
Separate rolls shall be kept for each squad, and the same 
shall be called under the direction of the commanding officer 
tliereof. The records of fines and forfeitures incurred at svich 
squad drills shall be kept by the officer in command, and 
have the same force and validity as is herein provided in the 
case of company records. Nothing in this section contained 
shall be construed to excuse the keeping of^ company rolls as 
provided in this act. The commander-in-chief may, by gen- 
eral or special orders or regulations, direct that the parade 
in May, and the monthly drills or any of them, of the volun- 
teer militia or of any portion thereof, be by companies, 
battalions, regiments or parts of regiments, as he may deem 
expedient, or as may be directed by the commanding officers 
of the respective divisions, brigades, regiments or battalions. 
Annual encamp- SECTION 106. Uulcss tlic commander-in-chicf prescribes 
orTegimentf* ^^ tlic time, placc and manner of assembling the troops for the 
purposes declared in this section, each commander of division 
shall annually order an encampment of his division, by bri- 
gades or regiments, at some time between the middle of July 
and the middle of October. The orders for encampment by 
brigade shall" be promulgated in the brigade thirty days 
before the time appointed for the encampment ; the orders 
for encampment by regiment shall be promulgated in the 
regiment twenty days before such time. The place, and if 
no time is designated by the commander of division, the time 
of encampment shall be designated by the commander of the 
troops to be assembled, and regard shall always be had to the 
convenience, proximity and accommodation of the troops to 
be assembled ; but no ground shall be occupied for an 
encampment in time of peace without the consent of the 
selectmen of the town, or mayor and aldermen of the city, 
wliere the encampment is to be made, unless by order of the 
commander-in-chief. 
Distance to par- SECTION 107. No officcr OT soldicr shall be obliged to 
a'ad of°body°'' ° marcli more than fifteen miles from his residence to a review, 
except of a regiment, battalion or less body, and no larger 
body than a brigade shall be ordered to parade at the same 
time and place except by order of the commander-in-chief. 



1866.— Chapter 219. ' 195 

Section 108. Each encampment shall last three days, the Encampment for 
troops shall be inspected, reviewed and thoronghly exercised 
as companies, battalions or brigades, in the whole routine of 
camp and held duty. 

Section 109. Each company roll-call shall be made company rou- 
during the term of encampment under the supervision and in "'^ ^' 
presence of a commissioned officer, to be designated l)y the 
commanding officer of the regiment or battalion to which the 
company is attached. 

Section 110. Each division, brigade, regiment and bat- Fiew rank; 
talion shall, in the field, rank and form according to the command!*"^ ° 
rank of the officers present commanding them ; and when 
distinct corps parade, join or do duty together, the senior 
officer present shall command. 

Section 111. When a company destitute of commissioned 0^^^^° e^g ^how 
officers parades with other troops, the officer in command commanded. 
shall detail one or more commissioned officers present to 
command it, unless the officer detailed by the commander of 
the regiment to command it is present. 

Section 112. Tbe brierade-maiors and inspectors shall inspection at en- 

" PI • ii' campments, now 

attend the annual encampments oi the regiments and bat- made. 
talion s in their brigades while encamped separately, and, 
while they are under arms, inspect their arms, uniforms, 
ammunition and accoutrements. 

Section 113. By permission of the officer in chief com- Driiimaybein 

T 1 n ., • • T 1 • rr -i undress uniform, 

mand, and oi tiien' own immediate superiors, officers, privates officers un- 
and musicians may drill and manoeuvre in camp in undress ™°"'''*'*- 
uniform or fatigue dress, and mounted officers may discharge 
their duties on foot. 

Section 114. Every commanding officer, when on duty. Bounds of parade 
may ascertain and fix necessary bounds and limits to his wmmauding oflEf- 
parade, (not including a road, so as to prevent passing,) "^®'^" 
within which no spectator shall enter without leave from 
such commanding officer. Whoever intrudes within the Punishment for 
limits of the parade, after being forbidden, may be confined 
under guard during the time of parade, or a shorter time, at 
the discretion of the commanding officer; and whoever resists 
a sentry who attempts to put him or keep him out of such 
limits, may be arrested by order of the commanding officer, 
and carried before a court or magistrate, to be examined or 
tried upon complaint for such assault or disturbance or breach 
of the peace. 

Section 115. No officer or soldier shall be holden to oracersandBoi- 

f> -T, 1, ,• n • . . diers not required 

periorm military duty except in case oi invasion, insurrec- to do duty on 
tion, riot or tumult, made or threatened, or in obedience to exTepUn^cI^e of 
the orders of the commander-in-chief, on a day appointed for "ot or inyasion. 



196 1866.— Chapter 219. 

a meeting in the town in wliicli he resides for the election of 
governor, heutenant-governor, senators, electors of president 
and vice-president of the United States, or representatives to 
congress or the general court ; and an officer parading his 
company or ordering it to parade contrary to the provisions 
of this section, shall, besides being liable to a court-martial, 
forfeit not less than fifty nor more than three hundred 
dollars. 
Escort duty. SECTION 116. The commander-in-chicf may order out any 

portion of the militia for escort and other duties. 

Voluntary par- SECTION 117. Nothing herein contained shall be construed 

ktd ; "artide^'of to prcvcut any company from meeting for the purpose of 

ef b^compaTy^ drill, fuucral or other escort, or a voluntary service, nor to 

how binding. ' impair the obligation arising under constitutional articles of 

agreement adopted by the company, so far as regards the 

members who have signed the same ; but such articles of 

agreement, approved by the commander-in-chief, shall be 

valid and binding on all who have signed them, unless they 

Assessments are repugnant to law. All fines, penalties and assessments 

couectedaudto^ iucurred by officers or soldiers of such company, under such 

posed. constitutional articles of agreement signed by them, and 

approved by the commander-in-chief, may be collected by 

such persons and disposed of in such manner, for the benefit 

of said companies, as a majority of the members thereof may 

Company may determine. Volunteer companies shall have the right to 

prJpertyTaTd owu aud kccp pcrsonal property which shall belong to and 

^n"sSrfor'''ra hc uudcr the control of the active members of the company, 

law or equity, ^j^jj ^^q commanding officer of any volunteer company shall 

have the right and power to maintain any suit at law or in 

equity in his own name, to recover for the use of the company 

any debts or effi3cts belonging to the company, or damages 

for the injury thereof, and no suit pending in his name shall 

be abated by his ceasing to be commanding officer of the 

company, but upon the motion of the commander succeeding 

him such commander shall be admitted to prosecute the suit 

in like manner and with like effect as if it had been originally 

commenced by him. 

Penalties: If non- SECTION 118. Evcry non-commissioncd officer and private 

oS' oTprfvate holdcu by law to do military duty in any company of the 

p^fr^for dutyT voluntcer militia, and unnecessarily neglecting to appear at 

the time and place appointed for such duty, shall forfeit and 

pay for every such neglect the sums hereinafter mentioned : 

For unnecessarily neglecting to appear at the inspection on 

the last Wednesday in May, four dollars ; at any encampment 

or review, five dollars for each day's absence from such 

encampment or review ; at any company or squad drill, as 



1866.— Chapter 219. 197 

provided in section one hundred and five of this act, one 
dollar ; at any meeting or parade for escort or other duties 
ordered by the commander-in-chief, in pursuance of the pro- 
visions of the one hundred and sixteenth section of this act, 
three dollars. 

Section 119. Every non-commissioned officer or private Deficiency in 
who appears at a parade or drill required by law, deficient in menVs, &c. 
any arm or article of uniform or equipment furnished him 
by the state, or with such arms, uniforms or equipments 
unserviceable or in bad condition, shall forfeit two dollars ; 
and every such officer or private so appearing, deficient in any 
article of equipment or ammunition furnished to or required 
of him by law or general order, or with such equipment or 
ammunition of bad quality or condition, shall forfeit one dollar. 

Section 120. A soldier who unnecessarily or without ^^"'°i'^^°^P"" 
order from a superior officer comes to any parade with his loaded, or dis- 
musket, rifle or pistol loaded with ball, slug or shot, or so w'lrhoufordM* 
loads the same while on parade, or unnecessarily or without 
order from a superior officer discharges the same when going 
to, returning from or upon parade, shall forfeit not less than 
five nor more than twenty dollars. 

Section 121. A soldier behaving with contempt towards contempt toward 

n^ T ,. . Til •,• officer or disor- 

an officer, or conducting m a disorderly manner, or exciting deriy conduct, 
or joining in a tumult or riot, or being guilty of unmilitary 
conduct, disobedience of orders or neglect of duty when 
under arms or on duty, shall forfeit not less than ten nor 
more than forty dollars ; and the delinquent may be put and 
kept under guard by the commander of the company, regi- 
ment, or of the field, for a time not extending beyond the 
time of service for which he is ordered out. 

Section 122. A soldier quitting his guard, section, platoon QyiHting duty 
or company, shall forfeit not less than two nor more than ten ^' 
dollars. 

Section 123. For any offence mentioned in the preceding soidiermaybe 
section, the delinquent may be put and kept under guard by Lrest, non-com- 
the commander of the company, regiment or of the field, for Tei^ceiXtor^kl 
a time not extending beyond the term of service for which 
he is then ordered. A non-commissioned officer, for an 
offence mentioned in this chapter, or for disobedience of 
orders or unmilitary conduct at a regimental or l)attalion 
parade, may, besides incurring the fine prescribed, be reduced 
to the ranks by the commander of his regiment or battalion ; 
and for such misconduct at any other parade, by such com- 
mander, with the advice of his company commander. 

Section 124. Soldiers in companies without officers, when soidiera in com- 
ordered out to be trained and disciplined, shall, for absence, oBi"er3 "to Te 
deficiency, misconduct or neglect, be liable to the fines pre- "''■'^'®" 



198 1866.— Chapter 219. 

scribed for offences in other companies, to bo rec6vered upon 
complaint of the officer so detailed, substantially as by clerks 
under section one hundred and sixty, one-half to the use of 
such officer and one-half to the use of the Commonwealth. 

ROSTERS, ORDERLY BOOKS, ROLLS AND RETURNS. 

Rosters and or- SECTION 125. The division-inspcctor of each division, the 

whoL kept! ^ brigade-major of each brigade, and the adjutant of each 

regiment, battalion or corps shall constantly keep a correct 

roster of the command to which he belongs, and an orderly 

book in which he shall record ordets received and issued. 

Company rolls, SECTION 126. A fair and exact roll of each company shall 

revised and cor- bc kept by tlio clcrk, uiidcr the direction of the commander, 

rected. ^fflt\\ tlic statc of the arms and equipments furnished to each 

man, in the form prescribed for the returns of the militia by 

• the commander-in-chief. Such rolls -shall be annually revised 

in the month of May, and corrected from time to time, as the 

state of the company and alterations in it may. require. 

Company orderly SECTION 127. Au ordcrlv book sliall also be kept in cacli 

book, how kept. , ,, tit • pi i 

company, by the clerk, under the du'cction ot the commander, 
and the proceedings of the company, orders received and 
issued, and exact details of drafts and detachments shall be 
recorded therein. Fines and forfeitures, with the time when, 
and the offence, neglect, default or deficiency, for which 
they were incurred, money collected by him with the names 
of the persons from whom collected, and all delinquencies 
and deficiencies, shall be recorded in said book, which shall 
not be alienated from the company, and shall always be open 
to the inspection of its officers. 
Company returns SECTION 128. At the couclusion of cacli tour of camp 
eMampmenY ° duty, commaiiders of companies shall make correct duplicate 
returns of their several companies for each day of the 
encampment, upon which the commander of the regiment or 
battalion to which the company belongs shall certify that 
such company on each of the days of encampment well and 
faithfully performed the duties required by law, and the staff 
officer supervising the roll shall certify thereon that the 
number of officers, non-commissioned officers, musicians and 
privates therein reported as present and doing duty each day 
is correct. He shall deliver one of such returns to the 
brigade-major or inspecting officer on duty in the camp, and 
transmit the other, within ten days after said tour of camp 
Companies, cer- duty, to tlic adjutant-gencral. The returns of companies 
dtvuions'^or* bri° attached to divisions or brigades, and not to regiments, shall 
gades. j^g certified by the commanding officers of divisions or bri- 

gades respectively, and by staff officers of the division or 
brigade. 



1866.— Chapter 219. 199 

Section 129. The commander of a company, within ten Pay-roii of com- 

, f, , „ Til 11 1 J. pany after camp 

days alter each tour oi camp duty, shall make a correct duty to te s^ut 
alphabetical pay-roll of his company, contaiujjig the names of "djutant-generai 
the members who appeared, armed, uniformed and equipped, 
and performed all the duties required on the days of encamp- 
ment, and showing the duty done by each member, and 
transmit the same, certified under his oath to be correct and 
true, to the adjutant-general. Such roll shall not contain 
the name of a private who has done duty as a musician, and 
the whole number so returned shall in no case exceed the 
number allowed to his company by sections fourteen and 
twenty-seven. 

Section 130. A commanding officer of a company who ^^"""Ij^ f^,'g/^f 
neglects to make the returns required by the two preceding turns, 
sections, shall forfeit twenty-five dollars, and for making a 
false return in any case, shall forfeit one hundred dollars, to 
be prosecuted for by the officer to whom the return should 
be made. 

Section 131. The master of every regimental or battalion Return by mas- 
band shall, within ten days after a parade thereof, made or battalion baiid 
under order of the commander of the regiment or battalion 
to which such band belongs, make and transmit to the adju- 
tant-general an alphabetical list of the men who appeared in 
uniform and performed duty on such day, the last return to 
be made on or before the tenth day of November ; upon 
which the commanding officer to whom the band was ordered 
to report for duty shall certify that the duty was well and 
faithfully performed. For neglect to make such return the Penalty, 
master shall forfeit twenty-five dollars, and for making a false 
return shall forfeit one hundred dollars, to be prosecuted for 
by the officer to whom the return should be made. 

Section 132. On the last day of each tour of camp duty. Regimental rou 
commanders of regiments and battalions shall make correct camp'duTvtobe 
certified rolls of the field and staff officers of their several [°t^! *°J'""sa'Je 

luspector. 

commands on duty for each day, specifying the names, rank 
and duty done by each officer who appeared armed, uniformed 
and equipped on any day, and deliver the same to the bri- 
gade-major or inspecting officer of the camp. Every officer Penalty for neg- 
neglecting to make such returns shall forfeit for each offisnce '*'^*' 
fifty dollars, and for making a false return in any case two 
hundred dollars, to be prosecuted for by the officer to whom 
the return should be made. 

Section 133. Brigade-majors within twenty days after Brigade-majors to 
each tour of camp duty done by their respective brigades, or "^p du'ty'&c*'f 
the regiments or battalions thereof, shall make and transmit ^"it^|^°\7en*ty 
to the commander of the brigade a correct return of such <iays. 



200 1866.— Chapter 219. 

brigades, reporting therein the condition of the uniforms, 
arms, accoutrements and ammunition of the several corps, 
with such suggpstious relating to the government of the 
mihtia and the advancement of order and discipline as in his 
judgment may be required ; and also in like manner make 
and transmit to the commander of division a certified roll of 
the general, field and staff officers of their several brigades, 
specifying the rank of and duty done by each one who 
appeared uniformed and equipped and performed duty on any 
Penalties for fail- day. For ueglcct to makc either of said returns each 
turn!" * ^* ^^' brigade-major shall forfeit seventy-five dollars, and for making 
a false return in any case three hundred dollars, to be prose- 
cuted for by the officer to whom the return should be made. 
Commanders of SECTION 134. Commaudcrs of brigades shall within thirty 
re"urnr to Tom! days after each tour of camp duty performed by the troops 
^lomr^ dfvition under their respective commands, transmit to the command- 
ad\i°a*nt*^"n a" ^^'^ ^^ thcir divisious a correct return of their respective 
brigades, as furnished by the brigade-majors under the pre- 
ceding section. Commanders of divisions shall within ten 
days after the receipt of such returns of brigades under their 
respective commands, transmit to the adjutant-general correct 
returns of the state of their divisions, as derived from such 
Penalty for neg- brigade rctums. Each officer, for neglect to make the 
returns required of him under this section, shall forfeit for 
each offence one hundred dollars, to be prosecuted for by the 
officer to wliom the return should be made. 
Division com- SECTION 135. Commandcrs of divisions shall annually, 

returrrou of ou or bcforc the first day of November, make and transmit 
jlmut-generai ^^ ^^^^ adjutant-gcncral a certified roll of the general, field 
and staff officers in their respective divisions, specifying the 
name, rank, duty done by each one who has appeared armed, 
uniformed and equipped, and performed duty on any day. 
Penalties for For ueglcct to makc such return, such commander shall 
returu!"^ ^ *^ forfeit 0110 hundred dollars, and for making a false return in 
any case five hundred dollars, to be prosecuted for by the 
officer to whom the return should be made. 

CALLING OUT THE MILITIA IN CASE OF WAR, INVASION, INSURREC- 
TION, TUMULT OR RIOTS. 

Militia, how SECTION 136. Whcu au invasion of or insurrection in the 

of invasion" ''^^^ statc is madc or threatened, the commander-in-chief shall call 
upon the militia to repel or suppress tlie same ; and may 
order out divisions, brigades, regiments, battalions or compa- 
nies ; or may order to be detached parts or companies 
thereof, or any number of men to be drafted therefrom, and 
may cause officers to be detailed, sufficient, with those 



1866.— Chapter 219. 201 

attached to the troops, to organize the forces. If such inva- 
sioii or iusurrection, or imminent danger thereof, in any part 
of the state, is so sudden that the commander-in-chief cannot 
be informed and his orders received and executed in season 
to resist or suppress the same, a commander of division in 
such part of the state may order out his division, or any part 
thereof, as the commander-in-chief might do. 

Section 137. When a draft from the militia is ordered, Draft, how made, 
the non-commissioned officers and privates, except so many 
as offer to serve vohmtarily, shall be drafted by lot from the 
company, and the officers regularly detailed from the roster. 

Section 138. If a company without officers is ordered to company^with- 
march, or a draft or detachment is ordered therefrom, the commander to 
commander of the regiment or battalion shall detail an officer ^^ 'i«'»''«'^- 
to command, who shall have the same authority to ordef 
them to appear, to command them in the field, or to make a 
draft or detachment therefrom, as the captain of such com- 
pany would have, and shall be under the same responsibility. 

Section 139. Every soldier so ordered out, detached or Failure to appear 
drafted, who does not appear armed and equipped according °^^^^ 
to law at the appointed time and place, or provide a substi- 
tute, or within twenty-four hours pay to the captain of his 
company fifty dollars, shall be taken to be a soldier absent 
without leave ; and each soldier ordered out, detached or soidier to take 
drafted, when so ordered, shall take with him provisions for p"^"^**'""*- 
not less than three days. 

Section 140. The selectmen of a town and the mayor and pties and towns 

„. i-i IT Tii*° provide trans- 

aldermen of a city to which men so ordered out, detached or portauon and 
drafted, belong, when required in writing by a commander of reques^t*. "^°° 
a regiment or detachment, shall pro\'ide carriages to attend 
them with further supplies of provisions and to carry neces- 
sary baggage, and pro^-ide necessary camp equipage and 
utensils, until notified by the commanding officer to desist ; 
and shall present their accounts as provided in section one 
hundred and fifty-five. For any neglect by such mayor and Penalty for neg- 
aldermen or selectmen, under this section, such city or town 
shall forfeit, to the use of the Commonwealth, not less than 
twenty nor more than five hundred dollars. The officer to custody of arti- 
whom any articles above mentioned are delivered shall be "^ ^^' 
responsible that care is taken of the same. 

Section 141. When there is in any county a tumult, riot. Troops, how or- 

1 1 1 r. • ^ T n • ^ • ± 1 dered out m case 

mob, or a body of men acting together by force with intent of not or tumult. 
to commit a felony, or to offer violence to persons or property, 
or by force and violence to break and resist the laws of the 
Commonwealth, or when such tumult, riot or mob is threat- 
ened, and the fact is made to appear to the commander-in- 



202 1866.— Chapter 219. 

chief, or the mayor of a city, or to a court of record sitting 
in said county, or if no such court is sitting therein, then to 
a justice of said court, or if no such justice is within the 
county, then to the sheriff thereof, the commander-in-chief 
may issue his order, or such mayor, court, justice or sheriff 
may issue a precept, directed to any commander of a division, 
brigade, regiment, battaUon or corps, directing him to order 
his command, or a part thereof, (describing tlie kind and 
number of troops,) to appear at a time and place therein 
specified, to aid the civil authority in suppressing such 
violence and supporting the laws ; which precept, if issued by 
a court, shall be in substance as follows : 



Commonwealth of Massachusetts. 
L. s. 
Form of requisi- To (insert the officer's title,) A B, commanding (insert his command.) 
''°°' Whereas it has been made to appear to our justices of our , now 

holden at , within and for the county of , that (here state one 

or more of the causes above mentioned,) in our county of , and that 

military force is necessary to aid the civil authority in suppressing the 
same ; now, therefore, we command you that you cause, (Jiere state the 
number and kind of troops required,') armed, equipped, and with ammuni- 
tion, as the law directs, and with proper officers, either attached to the 
troops or detailed by you, to parade at , on , then and there 

to obey such orders as may be given them, according to law. Hereof fail 
not at your peril, and have you there this writ, with your doings returned 
thereon. 

Witness, L S, Esq., at , on the day of in the year 

C D, Clerk. 

And if the same is issued by a mayor, justice or sheriff, it 
shall be under his hand and seal, and otherwise varied to suit 
the circumstances of the case. 

Officer to order SECTION 142. Thc officCr tO whoUl tllC Ordcr of the corn- 
parade, mander-in-chief or such precept is directed, shall forthwith 
order the troops therein mentioned to parade at the time and 
Penalty for refu- placc appointed. If he refuses or neglects to obey such order 
Bai of officer. ^^ prcccpt. Or if an officer neglects or refuses to obey an order 
issued in pursuance thereof, he shall be cashiered and punished 
by fine or imprisonment not exceeding six months, as a 
Forfeiture for court-martial may adjudge. And a non-commissioned officer 
o*r advisfng°neg- Or soldicr ucglectiug or refusing- to appear at the place of 
lect to appear, parade to obey an order issued in such case, or any person 
advising or endeavoring to persuade an officer or soldier to 
refuse or neglect to appear at such place, or to obey such 
order, shall forfeit, to the use of the Commonwealth, fifty 
dollars. 



1866.— Chapter 219. 203 

Section 143. Such troops shall appear at the time and Troops to appear 

1 • ^ Ti-11-1 -i- armed, &c. 

place appointed, armed and equipped, and witli ammunition 
as for inspection of arms, and shall obey and execute such 
orders as they may then and there receive according to law. 

COMPENSATION. 

Section 144. General, field and commissioned staif officers camp duty, pay 
shall receive for each day's duty in camp, and according to and^stoff^officere. 
the returns of the inspecting officers of encampment, six 
dollars, and non-commissioned staif officers three dollars a 
day, to be paid them from the state treasury, upon the warrant 
of the governor and council according to a pay-roll made up 
in the office of the adjutant-general. And fo'r each day's 
duty performed by such officers respectively under the order 
of the commander-in-chief, in pursuance of section one 
hundred and sixteen, said officers shall severally be allowed 
and paid the same compensation as is above provided for a 
day's duty in camp. Whenever the commander-in-chief shall, 
by general or special orders or regulations, direct that com- 
panies shall parade or drill by regiments or battalions instead 
of by companies, according to the provisions of section one 
hundred and five of this act, such regimental or battalion 
field and staff officers shall be allowed and paid therefor the 
same compensation as is allowed to company officers for the 
same service under the provisions of section one hundred 
and forty-six. 

Section 145. Division-inspectors, brigade-majors or inspec- Division inspect- 
tors, and adjutants of regiments or battalions, of volunteer tants°pay. ' 
militia, shall receive twenty-five dollars annually, in addition 
to their pay as herein provided. 

Section 146. Every other commissioned officer of the other officers and 
volunteer militia shall receive for each day's duty in camp, duty in'ajay, an- 
three dollars ; for the duty required to be performed on the m"Jn!hiy drills.*' 
last Wednesday in May, two dollars and fifty cents ; for atten- 
dance at monthly drills, as provided in this act, fifty cents 
per month, and for each day's duty performed under the 
order of the commander-in-chief in pursuance of the provis- 
ions of section one hundred and sixteen of this act, two 
dollars and fifty cents. Every non-commissioned officer and 
soldier shall receive for each day's duty in camp two dollars 
and fifty cents ; for the duty required to be performed on 
the last Wednesday in May, two dollars ; for each day's duty 
performed under the orders of the commander-in-chief, in 
pursuance of the provisions of section one hundred and six- 
teen of this act, two dollars, and for each attendance at 
monthly drills, as provided in section one hundred and five 



204 1866.— Chapter 219. 

Bands. of tliis act, fifty cents. Every member of a regimental or 

battalion band shall receive for services, in obedience to an 
order of his regimental or battalion commander, at the rate 

Mounted semce. of five doUars a day while on duty. For the duty required 
to be performed on the last Wednesday in May, and for each 
day's duty in camp as required by the provisions of this act ; 
and also for each day of special duty performed under the 
orders of the commander-in-chief, issued in pursuance of the 
provisions of section one hundred and sixteen, every mounted 
officer and non-commissioned officer and every member of a 
mounted company or band shall receive five dollars a day in 
addition to the compensation herein before provided, which 

Adjutant-general shall include'keeping and forage for horses. Such sums shall 
compute pay. ^^ computcd by tlic adjutaut-gcneral on the company and 
band pay-rolls, made out, certified and returned under sec- 
tions one hundred and twenty-eight, one hundred and twenty- 

Rous to be sent nine and one hundred and thirty-one. After such computa- 
tion, such pay-rolls shall be transmitted to the mayor and 
aldermen of the cities and the selectmen of the towns in 
which such companies and bands are situated, as provided in 

Warrants to be scctiou sixty-thrcc. Upou rcccipt of tlic same, the mayor 

y owns. ^^^^ aldermen, and selectmen, shall draw their warrants upon 

their respective treasurers, directing them to pay forthwith 

the amount due to the persons named in such rolls ; and 

Roll to be re- shall, anuually, on or before the first day of December, under 

general.* ^"'*°'' a penalty of thirty dollars for neglect in so doing, remit such 
rolls to the adjutant-general, with a certificate indorsed 
thereon, setting forth that a warrant has by them been drawn 
on their respective treasurers, in favor of the several persons 
whose names are recorded therein, and that the several sums 

Reimbursement therein uamcd have been paid. Thereupon the adjutant- 

tJwns^*^ *° general shall lay the same, together with his roll, prepared 
under section sixty-four, of general, field and staff officers 
entitled to pay, before the auditor, and the governor may 
draw his warrant on tlie treasury for such sums as may be 
necessary to pay such officers and re-imburse such cities and 
towns. 

Default of return SECTION 147. Thc Compensation provided in the preceding 
pay. gQ^jt^jon shall be forfeited for default in making the returns 
required by sections one hundred and twenty-eight, one hun- 
dred and twenty-nine and one hundred and thirty-one ; and 
no person shall receive compensation who does not remain in 
camp and perform all duties required during tlie i)eriod of 
encampment ; except that a person who once appears and is 
excused from further duty shall be entitled to compensation 
for the time he is actually engaged in service. 



1866.— Chapter 219. 205 

Section 148. No officer or soldier in the volunteer militia Personal service 
shall receive the compensation provided in this chapter, unless "" ^ ° ^'^ ' *' 
he personally performs the duties required by law ; nor shall Excuses void, 
excuses granted for absence from or non-performance of 
military duty entitle the person excused to receive such 
compensation. 

Section 149. The adjutant-general shall present his Expenses of in- 
account lor expenses mcurred m the periormance oi his 
duty as inspector-general to the auditor of accounts for 
allowance. 

Section 150. When a detachment is ordered on special Pay for special de- 

-, J ■, -I • ^ • p 1 • 1 tachment duty. 

duty, by the commander-in-chiei, or under section one hun- 
dred and forty-one, each member shall receive two dollars 
and fifty cents a day while in the performance of such duty, 
and four cents a mile for travel. 

Section 151. Officers obliged to go out of the city or town officers attending 
of their residence to attend a military election, shall j^g ® ^"^ '°'^^' '^^^*' • 
allowed ten cents a mile each way for travel. 

Section 152. Officers composing courts-martial, courts of courts-martiai, 
inquiry and military boards and witnesses attending before military boards, 
them, shall receive five cents for every mile they necessarily ^^''^^^^' 
travel in going to and returning from the place of trial, and 
the following svims for each day of attendance : The president President, 
of a court-martial, court of inquiry or military board, three 
dollars. The judge-advocate of the same, four dollars ; which Judge-advocate, 
shall be in full compensation also for all services of preparing 
papers before and making copies after any trial, inquiry or 
investigation. The marshal and other members of such Marshal and 
court or board, two dollars and fifty cents. Each witness witnesses, 
attending on such court or board, one dollar and seventy-five 
cents. Fees for subpoenas and service of them shall be the Fees for subpoe- 
same as in civil cases. No allowance shall be made for pay pay of "guard, 
or rations for a military guard, unless such guard is ordered 
by the officer appointing the court ; nor shall the above 
compensation be made to officers in actual service and 
receiving pay. 

Section 153. If an officer or soldier is wounded or other- Disabled soldiers 
wdse disabled, or is killed or dies of wounds received while deceast"' 
doing military duty, he, his widow or children, shall receive 
from the general court just and reasonable relief. 

Section 154. The militia while in actual service shall ^^^troops Tn'ac- 
receive the same pay and rations as the regular troops of the tuai service. 
United States ; and the rations when commuted shall be 
valued at the rate fixed by the regulations of the United 
States army in force at the time. When the militia are dis- 
charged from actual service, they shall be allowed pay and 
rations to their respective homes. 



206 



1866.— Chapter 219. 



Military ac- 
counts, how 
examined, certi- 
fied and paid. 



Limitation of 
time. 



Section 155. All military accounts, including; claims 
against the state for money expended in the transmission of 
military documents to and from the department of the 
adjutant-general, unless it is otherwise specially provided by 
law, shall annually, on or before the fifth day of January, be 
transmitted to the adjutant-general and examined, and if 
found correct, certified by him. They shall then, unless it is 
otherwise specially provided by law, be presented to the state 
auditor for allowance, and upon such allowance certified by 
him to the governor, shall be paid to the persons to whom 
they are personally due, or to their order, at the treasury of 
the Commonwealth. And no military account shall be certi- 
fied by the adjutant-general or allowed by the auditor, unless 
presented to the adjutant-general for allowance within the 
time prescribed by law. 



Excuses for non- 
appearance of sol- 
dier to be made 
within twenty 



Officer may ex- 
cuse for inability. 



Excuse, on pros- 
ecution for recov- 
ery of fine. 



Deficiencies in 
equipments. 

Certain condi- 
tional exemp- 
tions not to 
excuse, unless, 
&c. 



EXCUSES. 

Section 156. Excuses for the non-appearance of a soldier 
shall be made to the commanding officer of his company, or 
the officer detailed to train and discipline the company, under 
section thirty, within twenty days after a training or other 
military duty from which he has been absent ; and on the 
delinquent's producing satisfactory evidence of his inability 
to appear, such officer may excuse him, with the approval of 
the commander of the regiment ; but no such officer shall 
receive an excuse for non-appearance after the expiration of 
the twenty days. No excuse shall avail such soldier, on a 
prosecution for the recovery of a fine or forfeiture, unless 
proved to have been made to such officer before the expira- 
tion of the twenty days, unless the delinquent satisfies the 
court or justice before whom the case is tried that it was not 
in his power to make such excuse within the time. Such 
officers shall inform their clerks of all excuses allowed for 
non-appearance. 

Section 157. No commanders of companies shall receive 
excuses for deficiencies of equipment. 

Section 158. When a person is entitled to exemption 
from military duty, upon presenting evidence of the cause of 
his exemption to his commanding officer within or before a 
certain time, as provided in sections ten, eleven and twelve, 
and omits so to present such evidence, it shall not avail him 
by way of excuse upon a prosecution for a particular absence 
or default, unless he makes his excuse to the commanding 
officer within twenty days after the training, or satisfies the 
court or justice it was not in his power to make such excuse 
within the time. 



1866.— Chapter 219. . 207 

Section 159. All fines and forfeitures incurred by non- Fines and forfeit- 

1 /v> T IT J} J.^ 1 i -Ti- ures of non-com- 

comimssioned omcers and soldiers oi the volunteer militia, missioned officers 
under the provisions of sections one hundred and eighteen covery°' and ' du- 
to one hundred and twenty-three, inclusive, may be recovered P°sai. 
on complaint of the clerk of the company to which such non- 
commissioned officers and soldiers respectively belong ; and ; 
said clerk may retain for his own use one-half the amount so 
recovered, and shall pay the other half thereof into the 
treasury of the Commonwealth within six months after he 
shall have received the same. And any clerk who shall 
wilfully neglect or fail to make such payment, as aforesaid, 
shall be deemed to have been guilty of the crime of embezzle- 
ment, and shall be punished accordingly. 

Section 160. The clerk of each company, after the expira- Prosecution for 
tion of twenty days and within forty days after the day on ^^''"''^^^^ "®^' 
which a fine is incurred, shall, in those cases where fines are 
to be collected upon his complaint, make and subscrilje -an 
information against the offending soldiers who have not been 
excused by the commander of the company, with the approval 
of the commander of the regiment, under section one hundred 
and fifty-six, or who have not within the twenty days afore- 
said paid to him the forfeitures they have incurred ; which 
information shall be left with some justice of the peace or 
filed ill some police court in the county in which the offender 
resides. Such information shall be in substance as follows : 

To A B, Esq., justice of the peace within and for the county of , or Form of informa- 

to the justice of the police court within and for "on- 

I, the subscriber, clerk of the company commanded by , do 

hereby give information against the following person [or persons] who, 
being duly enrolled in said company, and being duly notified to meet with 
said company, on the day of , in the year , [for inspection 

or review, election of officers, special duty, or as the case may be,] was 
guilty of the offences and did incur the forfeiture set against his name : 

Names. Offences. Forfeitures. Sums. 

A B, non-commis- TFor unnecessarily neglecting^ 
sioned officer ; ■< to appear on said day, . . >■ has forfeited 
C D, private, ( ) 

-o TT. ( For being deficient of a > , ^ ^ -^ i 

^^' • • • j onsaid'day, . . . . .} 1^^^ forfeited 

( For being on said day guilty ) 
G H, . . . J of commg on to the parade >■ has forfeited 

( with his arms loaded, . . ) 

f For unnecessarily discharging ^ 

I his musket, [rifle or pistol] j 

T IT in Soing to, for returninfj , ^ i? -^ i 

1 "-5 • • • i f 7:\ 1 fT ^has forfeited 

' I from, or on the place of ] ' 

I parade, without the orders 

l^ of an officer, _ 



208 . 1866.— Chapter 219. 

Names. OCfences. Forfeitures. Sums, 

r For leaving bis guard, [sec-"] 

LM, . . .J *^?;?'Pl^\7'^?»-^°'"Pf"yH has forfeited 
' I without the leave oi an j 

1^ officer, J 

[And in the same manner substantially, all other offences are to be set 
forth against offending non-commissioned officers and privates :] 

I, therefore, agreeably to my oath of office, and in compliance with the 
requisitions of the law in this bclialf, request you to issue a summons, 
directed to the person named in the above information, to appear before 
you, and show cause, if any he has, why it should not be adjudged that 
he pay the forfeiture set against his name, for the offence which he is 
therein alleged to have committed. 

Dated at , this day of , in the year 

A B, clerk of the company commanded by") 

Summons to be Tlic jiistice or coui't sliall file the same ; and, upon motion 
nYne* months."* of the clcrk, shall, within nine months and not afterwards, 
issue a summons to each person informed against, to be 
served at least seven days before the time appointed for 
showing cause. The summons, if issued by a justice of the 
peace, shall be in substance as follows : 

Form of, by jus- [Seal.] To the sheriff" of said county, or either of his deputies, 

*'"*• or either of the constables of the town of , in the county aforesaid, 

greeting : 

In the name of the Commonwealth'of Massachusetts, you are hereby 
required to summon C D, of , in the county aforesaid, to appear 

before me, E F, one of the justices of the peace for the county aforesaid, 
at , in , on the day of , at of the clock 

in the noon, then and there to show cause, if any he has, why 

judgment should not be rendered, that he has forfeited , for [here 

insert the offence, and the time when and place where it was committed.] 
Hereof tail not, and make due return of this writ and your doings thereon, 
unto myself, on or before the said hour of the day of 

Dated at aforesaid, the day of , in the year 

E F, Justice of the Peace. 

If issued from a police court, as follows : 

s,s. 

The Commonwealth of Massachusetts. 
Form, by police [Sea!.] To the sheriff" of the county of , or either of his 

deputies, or either of the constables of the town of in said 

county, greeting : 

We command you to summon C D, of in said county, to 

appear before our justices of our police court, to be holden at , 

within and for our , on then and tliere to show cause, 

if any he has, why judgment should not be rendered, that he has forfeited 
for, [here insei't the off'ence, and the time and place where it 
was committed.] Hereof fail not, and have you there this writ, with your 
doings thereon. 

Witness, W S, Esq., at on the day of 

in the year T P, Clerk, 

[or, witness my hand and seal at on the day of 

in the year of our Lord A B, Justice of said Court] 



court. 



1866.— Chapter 219. 209 

When the person summoned appears, he may plead that Defendant may 
he is not guilty, and give any special matter in evidence. ^ ^ °°' ^"' ''^ 
Upon the trial of such complaint, made by the clerk of a complainant to 
company, it shall be sufficient for the complainant to prove character a° cierk 
that he is clerk of the company ; for which purpose he shall 
produce his warrant as a non-commissioned officer, and prove 
the signature thereto of the colonel or commanding officer of 
the regiment or battalion, and that at the time of signing 
such warrant he was reputed to be and acted as such colonel 
or commanding officer ; which shall be prima facie evidence 
that such complainant was appointed a non-commissioned 
officer by the captain or commanding officer of such com- 
pany, and that a legal return of such appointment was made 
to the colonel or commanding officer of the regiment. He shaii show ap- 
shall then show, upon the back of his warrant, a legal certifi- quauSon" 
cate of his appointment as clerk, and qiialificatiou as such by 
taking the oaths required by law. For which purpose he 
shall prove the signature of the captain or commanding 
officer of such company, and that he is such captain or com- 
manding officer, by producing his commission as such ; but if 
the clerk is appointed clerk pro tempore, his appointment 
may be proved by the records of the company. He shall Hs*menV° loducJ 
then produce the roll of the company, and prove that the order for ipeeting 
defendant was enrolled or enlisted therein at the time he was to° defendant. """ 
notified of such meeting. He shall then produce the order 
of the commanding officer of such company to notify the said 
meeting or meetings thereof, and prove his signature thereto, 
and that the defendant was legally notified of the time and 
place of such meeting or meetings. If it is required by law Proof of order, 
that the order for such military duty shall in such case be to be ^ym\y 
given by any officer superior to the commanding officer of a ^"p"""^ °®'^*'- 
company, then the orders of such superior officer, and all 
intermediate orders of officers transmitting the same to the 
commanding officer of the company, shall be proved, and that 
the persons purporting by said orders to be such officers are 
such ; for which purpose it shall be sufficient to produce the 
transmitted written or printed copies of such orders, and the 
regimental, battalion or other last order, transmitting the 
same to the commanding officer of the company ; to prove 
the signature of the proper officer to such regimental, 
battalion or other last order, transmitting the same ; and to 
prove that all the officers above mentioned are reputed to be 
such officers and act as such. The absence or offence of the offence to be 
defendant shall then be proved, to show that he is liable to sence, 'burden 
the fine alleged to be incurred by him ; and, in case of °^ '*''°°*^ 
absence, the burden of proof shall be upon him to show that 

34 



210 1866.~Chapter 219. 

his absence was necessary. The evidence above described 
shall be taken to be prima facie sufficient to support the 
Secondary eyi- coiiiplaint. When it appears that a document or paper above 
ceived. ' mentioned cannot be produced, satisfactory secondary evi- 
Testimony of dcucc tlicrcof sliall bc rcccived. Upon the hearing of such 
case the testimony of the clerk, or other person who was 
ordered to notify the whole or part of the company, shall be 
prima facie evidence of notice to the defendant and that he 
Physical disabii- ncglccted to appear. The certificate of the surgeon or 
I y, ow proT . g^ggjgi;g^j^|;.g^^j.gQQjj Qf i\^Q regiment that the defendant was 
unable to perform military duty at the time of his absence, 
shall be prima facie evidence that he ought to be excused for 
a particular absence, if the provisions of section one hundred 
and fifty-six have been complied with ; but any permanent 
disability which renders the enrolment of the defendant ille- 
gal, or such temporary excuse, may be proved by parol. 
The commanding officer of a company may be a witness to 
Execution in case provc any fact wliatcver. If the defendant makes default, or 
neglect. judgment is rendered against him, and he neglects for two 

days after to satisfy the same, with legal costs, execution 
shall be issued therefor ; which execution, issued by a justice 
of the peace, shall be in substance as follows, but if by a 
police court shall be so altered as to conform to the summons : 

ss. 

The Commonwealth op Massachusetts. 
Form of. [Seal.] To the sheriif of said county, or either of his deputies, or 

either of the constables of the town of in the same county, 

greeting : 

Whereas E L, clerk of the company commanded by in said 

county, on the day of , before J D, Esq., one of our 

justices of the peace for our county aforesaid, recovered judgment against 
T P, of , for the sum of fine or forfeiture, and 

costs of prosecution, as to us appears of record, whereof execution 
remains to be done : We command you, therefore, that of the money of 
the said T P, or of his goods or chattels, within your precinct, at the value 
thereof in money, you cause to be levied, paid and satisfied, unto the said 
E L, the aforesaid sums, being in the whole ; and also, out of 

the money, goods and chattels of the said T P, you levy twenty-five cents 
more for this writ, together with your own fees ; and for want of such 
money, goods or chattels of said T P, to be by him shown unto you, or 
found within your precinct, to the acceptance of the said E L, for the 
aforesaid sums, we command you to take the body of the said T P, and 
him commit unto our jail in B, and we command the keeper thereof 
accordingly to receive the said T P into our said jail, and him safely keep, 
until he pay the full sums above mentioned, with your fees, or that he be 
discharged by the said E L, or otherwise, by order of law. Hereof fail 
not, and make return of your doings therein unto our said justice, within 
twenty days next coming. 

Witness our said justice at B, the day of in the 

year one thousand 

J D, Justice of the Peace. 



1866.— Chapter 219. 211 



The complaint or summons may be amended in any stage Amendment of 
of the proceedings without payment of costs ; and the defend- 
ant shall be allowed an adjournment or continuance of the 
case, if justice requires it. The clerk shall not be liable to costs, uabiuty. 
pay costs to a defendant in a case in which the commanding 
officer of his company has certified, upon the information of 
the clerk, his approval of the same. And no appeal shall be Appeal. 
allowed from any such judgment, unless the forfeiture 
adjudged exceeds ten dollars exclusive of costs. A complaint complaint by 

otuGr officer how 

by any other officer shall be prosecuted in the like manner prosecuted.' 
so far as the same is applicable thereto, the forms being 
varied accordingly ; and he shall prove his authority by 
producing his commission and other competent evidence 
which may be necessary. 

Section 161. No person shall be imprisoned upon an exe- imprisonment on 
cution issued upon a complaint and judgment described in 
the preceding section, for a longer time than six days ; but 
shall at the expiration of that time be discharged by the 
keeper of the jail to which he is committed. The judgment Judgment debt- 
debtor shall remain liable for the amount of the judgment °'^' 
and the costs of imprisonment ; and execution for the whole 
of the same may be sued out against the property of such 
debtor. 

BOARDS OF OFFICERS. 

Section 162. The. commander-in-chief may, from time to Examination of 

,. -, ^ ,. . , -T, 1 1 /. • commissioned 

time, and at any time, appoint a military board of examiners officers. 
of not less than three nor more than five officers, whose duty 
it shall be to examine the capacity, qualifications, propriety 
of conduct and efficiency of any commissioned officer under 
the rank of major-general, who may be reported to them as a 
fit subject for examination, and upon the report of such 
board, if adverse to such officer and approved by the com- 
mander-in-chief, the commission of such officer shall be 
vacated : provided, ahvays, that if practicable, two members 
at least of such board shall be of military rank at least equal 
to that of the officer to be examined. The commander-in- settlement of 
chief may also, when in his opinion it is necessary, call boards "uo^^ '^"^* 
of officers for settling military questions, or for other 
purposes relative to good order and discipline. 

COURTS-MAETIAL. 

Section 163. All complaints upon which courts-martial complaints on 

T 1 1 n 1 • • • T • T 1 1 1 • which conrts 

are ordered shall be m writing and signed by tlie complain- may be ordered 
ant, and shall clearly specify the offence and the time when 
and the place where it was committed. No officer shall be 



212 1866.— Chapter 219. 

Trial of officer to tried bj court-martial for ail offence committed more than 
in year. ^^^^ ^^^^ before tlic complaiiit, unless his absence or other 
manifest impediment has prevented a complaint within that 
time ; nor on a charge preferred by a soldier, unless for an 
offence committed while in the actual service of the state or 
of the United States, nor unless such charge is preferred 
before such soldier has left the service. 
Officer to be in SECTION 164. Evcrj officcr to bc tried by court-martial 
co'^y of charges, shall bc put uudcr arrcst. The judge-advocate shall deliver 
*'"*• to the accused a copy of the charges against him, and a notice 

of the time and place of trial, ten days at least before the day 
Court may ad- of trial ; aiid if he objects and the court is satisfied that he 
•'°"'^''' has not received the same, they shall adjourn, so as to allow 

tlie time required to elapse after the delivery of the notice 
and copies, 
courta, of whom SECTION 165. Courts-martial shall consist of a president, 
w°hen held. judgc-advocato, uot morc than four nor less than three mem- 
bers, present at the organization of the court, and a marshal ; 
! and shall be holden between the first day of December and 

the last day of March, in the daytime. There shall be only 
one general and one division court-martial in one division in 
Courts; general, one year. General courts-martial shall be appointed for the 
and for whom, trial of all officcrs above the rank of captain by the orders of 
the commander-in-chief, issued to tlie divisions which in his 
opinion can most conveniently furnish members for the same ; 
and he shall appoint a president, not below the rank of 
brigadier-general, and a marshal of sa\d court. Division 
Courts, diTision. courts-martial shall be appointed for the trial of officers of 
and under the rank of captain, by the orders of each com- 
manding officer of a division, in his own division, issued to 
the brigades, regiments, battalions and companies which in 
his opinion can most conveniently furnish members for the 
same ; and he shall appoint a president, of the rank of colonel 
Officers of courts- or lieuteiiaiit-colonel, and a marshal. Officers shall be 

martial, how and -,,•■,-,, ., , i- ^ • p n • 

by whom de- detailed to sit upon courts-martial in manner loUowing : 
^'^^^' major-generals by the commander-in-chief, from the general 

roster ; brigadier-generals and officers of any divisionary 
corps by the commanding officers of divisions, from the 
division roster ; colonels, lieutenant-colonels and majors and 
officers of any company attached to a brigade by the com- 
manding officers of brigades, from the brigade roster; captains 
and subalterns by the commanding officers of regiments, 
When officer de- battalious aud otlicr separate corps. And when it appears 
to serve. that ail officcr detailed or to be detailed is or will be for some 

sufficient cause unable to serve on a court-martial, the officer 
detailing him, having satisfactory evidence thereof, shall 



1866.— Chapter 219. 213 

certify such inability to tlie officer ordering the court-martial, 
and shall at the same time detail the officer next in rotation 
on the roster. No senior officer, or superior in rank to the 
president, shall be detailed. The officers ordered to detail ^e'^j° *° ^ 
members shall make returns forthwith to the officer appoint- 
ing the court, who shall transmit the same to the judge- 
advocate. The judge-advocate of each division shall, when judge-advocate 
ordered, attend general and division courts-martial within to attenT*^^"'^ 
his division ; but when he is prevented by inability or legal 
impediment, the officer ordering the court-martial shall 
appoint some person to be judge-advocate to the same. If ^^^.P^f-^^^^J** ^'^^ 
the officer appointed president does not appear at the opening 
of the court, the officer highest in rank present shall be presi- 
dent. When it is found that by reason of absence, challenge if members fail 

,1 ,, in 1 n ito attend and 

or other cause, the number ot members oi a general or qualify. 
division court-martial (beside the president,) qualified to act 
is less than three, the court shall adjourn for a suitable time ; 
and the president shall forthwith notify the fact to the com- 
manding officer of the division in which such general or 
division court-martial is held ; and such commanding officer 
shall himself detail from the division a number of officers of 
the same rank as those before detailed, sufficient to complete 
the court. If no judge-advocate or marshal attends at the •'^'^'^^^'l^J'^^* 
opening of the court, the president shall appoint a judge- ing. 
advocate or marshal, which appointment shall be entered on 
the record and signed by him. The judge-advocate acting at 
the commencement of a trial shall serve during the trial, 
notwithstanding the attendance or appointment of any other 
person afterwards. Officers on a court-martial shall rank by 
seniority of commission. The court may adjourn, when Adjournment. 
necessary, before a judge-advocate appears and before they 
are qualified. , 

Section 166. Before a court-martial proceeds to the trial oath of president 

1 and members. 

of an officer, the judge-advocate shall administer to the 
president and members, severally, the following oath : 

You, A B, do swear, that ■without partiality, favor, fear, prejudice or 
hope of reward, you will well and truly try the cause now before you, 
between the Commonwealth and the person [or persons, if more than one 
is accused, in the same complaint,] to be tried ; and that you will not 
di\T.ilge the sentence of this court-martial until it shall be approved or 
disapproved of, and that you will not discover the vote or opinion of a 
member, unless required to fjive evidence thereof, as a witness, in due 
course of law : So Jielp you, God. 

And the president shall administer to the judge-advocate oathofjudge- 
the following oath: "''^^'^- 



214 



1866.— Chapter 219. 



Challenges, how 
and when made 
and by whom 
tried. 



If accused fails 
to appear or 
withdjraws. 



Witnesses must 
appear. 



Oath of witnesses. 



You, A B, do swear, that you will faithfully and impartially discharge 
your duties as judge-advocate on this occasion, as well to the Common- 
wealth as to the accused ; and that you will not on any account at any 
time divulge the vote or ojiinion of any member of this court-martial, 
unless required to give evidence thereof, as a witness, in due course of 
law : So help you, God. 

No member shall be challenged by the government or the 
accused until the president, members and judge-advocate are 
sworn. Only one member shall be challenged at a time, and 
the challenge shall be in writing, stating the cause of it. 
The person challenged shall not vote, but the president and 
other members shall try whether the challenge is good. 
Illegality or irregularity in the detail of a member of the 
court shall be good cause of challenge by either party, but 
shall be considered as waived unless the objection is taken 
in the time and in the manner aforesaid. If the accused 
neglects to appear and defend, or refuses to plead, or with- 
draws in contempt of the court, the court may proceed to 
trial and judgment, as if he had pleaded not guilty. Persons 
summoned by the judge-advocate or a justice of the peace, 
shall appear and give evidence before a court-martial, (but 
the defendant's witnesses shall have their fees first tendered 
to them,) and the penalties for neglect to appear shall be the 
same, and the judge-advocate may issue a capias, in like 
manner as in criminal prosecutions. Before the witnesses 
testify they shall be sworn by the judge-advocate m the 
followino; form : 



You, A B, do swear, [or affirm,] that the evidence you shall give, in the 
cause now in hearing, shall be the truth, the whole truth, and nothing but 
the truth : So help you, God, [or, This you do under the pains and 
penalties of perjury, in case the witness affirms.] 



Adjutant-gener- Wlieu the adjutant-gcncral is complainant for neglect or 
pi'ainant. dcfault iu making returns, he shall not be required to be 

present, and his certificate shall be sufficient jjrima facie 
evidence that the return was or was not made, and that a 
Copies of papers, copv of a rctum is true. Judge-advocates shall be the certi- 
fymg officers to authenticate copies oi papers and documents 
used before courts-martial, courts of inquiry, or boards of 
officers, except papers or documents from the adjutant- 
general's office, which shall be certified by him ; but copies 
may be proved as in other courts. The statement of the 
complainant and the defence of the accused, and motions, 
arguments and objections to the proceedings by cither party, 
and the answers thereto, shall be submitted to the court iu 
writing ; the evidence and proceedings in and out of the 



except certain. 



Matters to be 
submitted court 
in writing. 



1866.— Chapter 219. 215 

court, and opinions of the judge-advocate on questions of 
law arising during the trial, shall be put in writing by him. 
After the prosecution and defence are concluded he shall 
state and sum up the evidence, and give his opinion to the 
court upon matters of law ; which opinion, with the judg- 
ment, he shall put in writing. When a question is to be votes, how taken. 
decided, the judge-advocate shall receive the vote of each 
member, beginning with the youngest and proceeding to the 
eldest. The president shall not vote ; and unless two-thirds Two-thirds^ re- 
of the members agree that the accused is guilty he shall be yict^ 
acquitted. If two-thirds of the members find him to be 
guilty, he shall be sentenced to be reprimanded in orders, 
or to forfeit a sum not exceeding two hundred dollars, or to 
be dismissed from office, either or all of them ; and in the 
last case, he may be further adjudged to be disqualified from 
holding any military office during life or a term of years. 
Courts-martial may preserve order during their session; and prg^erve^l^der'*** 
whoever in such court behaves in a disorderly or insulting 
manner, or makes a tumult or disturbance, may be arrested 
by order of the court, and confined not exceeding tvrenty- 
four hours, and fined not exceeding five dollars, either or 
both. If the fine is not paid, the judge-advocate shall issue 
a mittimus forthwith to commit such person to prison in the 
same manner and with the same effect as upon executions 
from justices of the peace in cases of prosecutions for non- 
payment of other military fines and costs. The record of I^ecords, how au- 

i. •' . • 1 ^ 11' thentieated and 

the trial and judgment, with the papers used therein, or transmitted for 
copies thereof, certified by the judge-advocate, shall be *pp'^°''^^- 
authenticated by his certificate and signature, and sealed up 
and transmitted by him to the officer who ordered the court, 
who shall annex thereto his approval or disapproval of the 
same, and the reasons thereof in writing, and transmit the 
same as soon as may be to the office of the adjutant-general, 
to be kept and preserved. The judge-advocate shall also Pay-roii. 
make, certify and transmit the pay-roll of the court-martial 
to the same office. The officer ordering the court, and the copies of raiwrd. 
party tried thereat, shall receive, upon request, from the 
adjutant-general, a copy of the record ; the party tried pay- 
ing a reasonable sum for his copy. The iudgment of dis- Judgment of dig- 

TC ,• n, 11 I'll • qualification. 

qualification may, alter approval, be reversed m whole or in 
part by the commander-in-chief, but all other parts of the 
sentence, when approved, shall remain in full force. 

Section 167. Every commissioned officer may be tried by what offences 
a court-martial for the following offences : For un military or court-martiai: 
unofficer-like conduct when on duty ; for neglect of any duty 
required in this chapter ; for disobedience of orders, or an 



216 1866.— Chapter 219. 

act contrary to the provisions of this chapter ; for oppression 
or injury of any under his command ; for a combination or 
attempt to break, resist or evade the laws or lawful orders 
given to a person, or advising any person so to do ; for insult 
to a superior oificer in the exercise of his office ; for presum- 
ing to exercise his command while under arrest, in which 
case, if guilty, he shall be removed from office ; for neglect 
or refusal, when commanding officer, to order out the troops 
under his command, when required by law or ordered by his 
superior officer ; for excusing, as commanding officer of a 
company, any person under his command, for deficiency or 
unnecessary absence, or after the expiration of the time 
allowed by law ; for neglect or refusal to make a draft or 
detachment, when legally ordered to do so ; for neglect or 
refusal to cause prosecutions to be commenced for fines, 
when it is necessary ; for parading the troops under his 
command on days of election, contrary to the provisions of 
section one hundred and fifteen ; for receiving any fee or 
gratuity, as surgeon or assistant-surgeon, for a certificate of 
inability to do military duty ; for neglect, when detailed to 
train and discipline a company, to make complaint for neglect 
or violation of duty, as provided by law, or for any other 
neglect for which a commanding officer of the company 
would be liable ; for neglect or refusal to march, to make a 
draft, or for disobedience to an order, in case of rebellion or 
insurrection, as provided in sections one hundred and thirty- 
six to one hundred and thirty-nine, inclusive, in which case 
the offender shall be cashiered ; for refusal or neglect to obey 
a precept or order to call out the militia, or an order issued 
in obedience thereto, in case of tumult, riot or other cause, 
as provided in sections one hundred and forty-one to one 
hundred and forty-three, inclusive, or for advising any officer 
or soldier to do the like ; in which cases, the offender shall 
be cashiered, besides being subject to fine and imprisonment, 
as provided in section one hundred and forty-two. 
court mi'uaf ^^ SECTION 168. Any fine not exceeding two hundred dollars, 
how prosecuted, may bc inflicted on any officer, by sentence of a general or 
division court-martial, as a part of or the whole of such 
sentence ; and such fines shall be prosecuted by the judge- 
advocate, or person appointed to act as such at the court- 
martial, in an action of tort, to the use of the Common- 
costs against wealth ; and if any iudgment for costs is rendered against 

judge-advocate, .'•'•'o i/y> i 

how paid. any judge-advocate m such case, the officer to whom the 

execution u])on such judgment is delivered, shall demand 
payment of the execution of the treasurer of the county in 
which such judgment is rendered, and the said treasurer 



1866,— Chapter 219. 217 

shall pay the same, and it shall be allowed to said county, in 
tlie settlement of said treasurer's account with the Common- 
wealth. 

GENERAL AND DIVISION COURTS OF INQUIRY. 

Section 169. General and division courts of inquiry shall courts, how 
consist of three officers and the judge-advocate of tlie division oXred^ 
in which they are held ; and they may be ordered and organ- 
ized in the like manner as courts-martial, and, under the 
same regulations, may examine into the nature of a transac- 
tion, imputation or accusation made against any officer by 
an inferior. Vacancies shall be filled as in courts-martial. 
The judge-advocate shall administer to each of the officers oath of officers. 
composing the court of inquiry, the following oath : 

You, A B, do swear that you will well and truly examine and inquire 
into the matter now before you, without fear, fkvor, jiartiality, prejudice 
or hope of reward : So help you, God. 

After which the president shall administer to the judge- oath of judge- 
advocate the following oath : ''^^'^''"'■ 

You, A B, do swear that you will impartially record the proceedings of 
the court, and the evidence to be given in the case now in hearing : So 
help you, God. ■ 

Witnesses shall be summoned in the same manner, take witnesses, 
the same oath, and be examined and cross-examined by the 
parties in the same way, as on trials before courts-martial ; 
but the court shall not give their opinions on the merits of opinions of 
the case, unless specially required so to do. ''°"'' 

Section 170. Judge-advocates shall attend courts of Judge-advocate 

J.1 • T • • • l^ ii to attend courts. 

inquiry in their division, m the same manner as they 
attend courts-martial ; and special judge-advocates for the 
court shall be appointed in the same manner in like cases. 
The proceedings therein shall be recorded, and, with the Records of court, 
papers and documents used therein, authenticated and trans- 
mitted by the judge-advocate to the officer who ordered the 
court, in like manner as in courts-martial. 

Section 171. No officer appointing a court-martial, court Guard, when 
of inquiry or board of officers, shall order a guard for the *"°''®'^- 
same, unless in his opinion it is necessary for their protection. 

Section 172. In this chapter the word '^soldier'' shall "Soidier''and 
include musicians and all persons in the volunteer or enrolled woTcu dSed. 
militia except commissioned officers, and the word " com- 
pany " may include battery. 

Section 173. If elders or overseers of a society of quakers Penalty for faise- 
or shakers give the certificate provided in the tenth section to parTy"^ Sker 
a person who does not profess the religious faith of their ""^ s'^^^e'^- 
35 



218 



1866.— Chapter 219. 



Penalty for so 
claiming. 



Civil officer fail- 
ing to obey Act. 



" Town " to in- 
clude city. 



Unattached com- 
panies, warrants 
of non-commis- 
sioned officers in. 



May be drilled in 



Towns to provide 
armories for. 



i Expense. 
Superrision. 



society, or who is not a member thereof, or who is not con- 
scientiously scrupulous of bearing arms, each elder or over- 
seer so offending shall forfeit two hundred dollars to the use 
of the Commonwealth, and be imprisoned not exceeding six 
months. And any person claiming to be exempted from 
enrolment by virtue of such a certificate, who does not 
profess the religious faith or is not a member of the society 
named therein, or who is not conscientiously scrupulous of 
bearing arms, shall be liable to the same penalty. 

Section 174. Civil officers named in this chapter neglect- 
ing or refusing to obey its provisions shall, except as otherwise 
specially provided, forfeit not less than twenty nor more than 
five hundred dollars. 

Section 175. The provisions of this chapter concerning 
the powers and duties of the selectmen of towns, shall be 
construed to include the mayor and aldermen of any city. 

Section 176. A company may remain unattached to any 
regiment, brigade or division, or may be attached to a brigade 
or division whenever, in the opinion of the commander-in- 
chief, the interests of the service require it ; and the com- 
manding officer of any such unattached company shall sign 
the warrants of the non-commissioned officers of said com- 
pany, who may have been duly appointed, and any warrant 
so signed shall be in all respects valid : provided, that any 
company attached to a brigade or division shall be subject to 
the immediate orders of the commander of the brigade or 
division to which such company may be so attached, accord- 
ing to the provisions of the twenty-second section of this act. 

Section 177. 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, 
under the provisions and restrictions of section one hundred 
and five of this act. 

Section 178. 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 
other military property of said squad and for the purposes of 
their drill : 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 armories 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. 



1866.— Chapter 219. 219 

Section 179. No citizen of the Commonwealth above the ^j^j^^g^^^^gj^g^f 
age of forty-five years shall, on account of such age, be age not ineligible, 
ineligible to office in the militia, nor incapable of serving in 
a volunteer company, and no citizen of the Commonwealth, unenroued citi- 
otherwise qualified, shall be ineligible to' office in the militia ^"' 
from not having been enrolled therein. 

Section 180. The commander of a regiment may dis- Discharge of soi- 

, . . , ^^ • J. • J.1 dier, captain re- 

charge any non-commissioned omcer or private m tiie fusing to apply, 
regiment, whenever the captain of his company unreasonably 
refuses to make application for such discharge under the 
provisions of section twenty-six of this act. 

Section 181. The commander-in-chief may, whenever in Governor may 

,. . ,. />! • ••ii-i cUscharge. 

his opinion the interests of the service require it, discharge 
any non-commissioned officer or private of a volunteer 
company. 

Section 182. The minimum number of privates to any Minimum of 
company shall hereafter be forty. 

Section 183. Any company now organized, or that may company of less 

, f, 1 • T 1,1 • • J? J.1 • i than forty may 

hereafter be organized under tlie provisions oi this act, may be disbanded, 
be disbanded and their officers discharged by the commander- 
in-chief, whenever the number of privates duly enrolled 
therein for active service duty shall be less than forty : 
provided^ that such officers shall first have returned or Proviso. 
accounted to the quartermaster-general for all uniforms, 
arms, equipments and other property belonging to the 
Commonwealth for which they may be responsible. 

Section 184. It shall not be lawful for any body of men ^mtary org^wi- 
whatsoever, other than the regularly organized corps of the forbidden, unless 
volunteer militia, the troops of the United States, and the er™*^ ^^ ^°^' 
ancient and honorable artillery company, and the veteran 
artillery association of Newburyport, to associate themselves 
together as a military company or organization, or to parade 
in public with arms in any city or town of this Common- 
wealth, without the license of tlie governor thereof, which 
may at any time be revoked ; nor shall it be lawful for any Towns not to 

• , , , • • , ' , 1 raise money for. 

City or town to raise or appropriate any money toward arm- 
ing, equipping, uniforming or in any way supporting, sustain- 
ing or providing drill-rooms or armories for any such body of 
men : provided, that associations wholly composed of soldiers Proviso: dis- 
honorably discliarged from the service of the United States, goidifrs may 
may parade in public with arms, upon the reception of any l^^^^l ^ **""*' 
regiments or companies of soldiers returning from said ser- 
vice, and for the purpose of infantry escort duty at the burial 
of deceased soldiers, having first obtained the written permis- 
sion so to do of the mayor and aldermen or selectmen of the 
cities or towns in which they desire to parade. 



220 1866.— Chapter 219. 

Penalty for un- SECTION 185. Whocver offends against the provisions of 
lawful parade. ^^^^ preceding section, or belongs to or parades with any such 
unauthorized body of men, with arms, sliall be punished by 
a fine not exceeding the sum of ten dollars, or by imprison- 
ment in the house of correction or common jail for a term 
not exceeding six months. 
Soldiers enlisted SECTION 186. Any noii-commissioned officcror private of the 
'64*1^d juneie', voluntcer militia, who enlisted between the fourteenth day of 
cfar^d^ ^ ^^' Ms-y in the year eighteen hundred and sixty-four, and the 
sixteenth day of June in the year eighteen hundred and sixty- 
five, pursuant to the provisions of the two hundred and thirty- 
eighth chapter of the acts of eighteen hundred and sixty-four, 
shall be discharged therefrom at his own request or by request 
of his parent or guardian at any time within thirty days from 
and after the passage of this act. 
Applications for SECTION 187. Application for discharge under the preced- 
such discharge. .^^ scctiou shall be made in writing to the commanding officer 
of the company in which such non-commissioned officer or 
private is enrolled, and said commanding officer shall upon 
receipt of such application forthwith cause the name of the 
applicant to be stricken from the roll of his company : 
Proviso: appii- provided, Jiowevef, that no such non-commissioned officer or 
return and pay private shall rcccive a discharge as aforesaid, until he shall 
^^^^- have returned or accounted to the commanding officer of his 

company for any and all uniforms, arms, equipments or other 
property belonging to the Commonwealth, in his possession, 
nor until he shall have first paid or discharged all assessments 
made upon him under the constitutional articles of agreement 
of the company to which he belongs. 
Ancient artillery, SECTION 188. Nothing coutaiucd ill tliis act shall be con- 
rights not a ect- g^j,^^^^^ ^^g affecting the right of the ancient and honorable 
artillery company to maintain its organization as a military 
company according to ancient iisage, and agreeably to the 
provisions of its constitution and by-laws, provided the same 
are not repugnant to the laws of this Commonwealth. 
Repeal. SECTION 189. The two hundred and nineteenth chapter of 

the acts of the year eighteen hundred and sixty-one ; the one 
hundred and eleventh and one hundred and sixty-seventh 
chapters of the acts of the year eighteen hundred and sixty- 
two ; the one hundred and sixty-seventh, one hundred and 
ninety-third and two hundred and forty-third chapters of the 
acts of the year eighteen hundrecl and sixty-three ; the two 
hundred and thirty-eighth chapter of the acts of the year 
eighteen hundred and sixty-four ; the nineteenth and two 
hundred and fiftieth chapters of the acts of the year eighteen 
hundred and sixty-five ; and all other acts and parts of acts 



1866.— Chapters 220, 221. 221 

inconsistent with the provisions of this act are hereby 
repealed ; and this section shall not be construed as reviving 
or in any manner restoring any former acts or parts of acts 
inconsistent with the provisions of this act that were repealed 
by either of the chapters herein before named. 

Section 190. This act shall take effect upon its passage. 

Approved May 8, 1866. 



Chap. 220 



An Act in relation to proceedings in the supreme judicial 

COURT. 

Be it enacted, ^t., as follows : 

Section 1. The supreme iudicial court upon deciding case before at 

ISiW tcrni ' record 

any question brought before said court at a law term thereof, may be removed 
by exceptions, appeal or otherwise, in any case, civil or crim- judgment' en^ ' 
inal, may send a rescript, as now provided by law, to the j^^^ici'arm^'"* 
court in which the record remains, or may by writ of remit to lower 

, . . , , 1 J. 1 court or order 

certiorari or other proper process, remove or order to be newtrui. 
removed the record of the case into the supreme judicial 
court, and there enter judgment, and may afterwards remit 
the record to the court from which it has been removed, to 
carry such judgment into effect, or may instead thereof order 
a new trial or further proceedings to be had at the bar of the 
supreme judicial court, or sentence to be awarded or 
execution issued in said court. 

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

Approved May 9, 1866. 
An Act to divide the commonwealth into districts for the Qfidn^ 221 

CHOICE OF councillors. ■* ' 

Be it enacted, Sfc, as follows : 

Section 1. The Island, the Cape, the first Plymouth and First district, 
the second and third I>ristol senatorial districts shall 
constitute the first council district. 

Section 2. The second Plymouth, the first Bristol, the second. 
Norfolk and Plymouth and the second and third Norfolk 
senatorial districts shall constitute the second council 
district. 

Section 3. The sixth Suffolk, the first Norfolk, the third Third. 
and fourth Middlesex and the second Worcester senatorial 
districts shall constitute the third council district. 

Section 4. The first, second, third, fourth and fifth Fourth. 
Suffolk senatorial districts shall constitute the fourth council 
district. 

Section 5. The five senatorial districts in the county of Fifth. 
Essex shall constitute the fiftli council district. 



222 1866.— Chapters 222, 223. 

Sixth. Section 6. The first, second, fifth, sixth and seventh 

Middlesex senatorial districts shall constitute the sixth 
council district. 

Seyenth. SECTION 7. The first, third, fourth and fifth Worcester 

and the Franklin senatorial districts shall constitute the 
seventh council district. 

Eighth. Section 8. The Hampshire, the first and second Hamp- 

den, the Berkshire, and the Berkshire and Hampshire 
senatorial districts shall constitute the eighth council 
district. 

Election to fill SECTION 9. In casc a new election is ordered during the 

year, where held, prcscut political jesLT to fill any vacaucj in the council, said 
election shall be held in the district which elected the 
councillor whose place is so vacant, notwithstanding any- 
thing in this act. 

Section 10. This act shall take efiect upon its passage. 

Approved May 9, 1866. 

Chat). 222 -^^ ^^^ ^^ relation to town libraries. 

Be it enacted, Sfc, as follows : 
Townsmaygrant SECTION 1. Any towu may, at a legal meeting, grant and 
Mi*ve%eque8t8.'^*" voto mouey for the establishment, maintenance or increase 
of a public library therein, and for erecting or providing 
suitable buildings or rooms therefor ; and may receive, hold 
and manage any devise, bequest or donation for the estab- 
lishment, increase or maintenance of any such library. 
Repeal. SECTION 2. Scctiou nine of chapter thirty-three of the 

General Statutes is hereby repealed. 

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

Approved May 9, 1866. 

Chap. 223 An Act providing for more effective notice of the time 
■^' when the liability of the state banks upon their circu- 

lation CEASES. 
Be it enacted, Sfc, as follows : 
Bank shall re- SECTION 1. Every bank, heretofore established by the 
Jua°rS'!''*and laws of this Commonwcalth, so long as it is required to 
redm tin ^^'^ redeem its bills in circulation, shall, on the first Mondays of 
January, April, July and October in each year, transmit to 
the secretary of the Commonwealth, a statement sworn to by 
the cashier, of its outstanding circulation of such bills on the 
first days of said months respectively, with the time when its 
Secretary to pub- liability to redeem the same shall cease; and the secretary 
tegiBUture^^"' ° shall cause the same to be published in a tabular form, in 
one or more of the Boston daily newspapers, and in the 
month of January, annually, shall report the same to the 
legislature. 



1866.— Chapters 224, 225, 226. 223 

Section 2. So much of chapter one hundred and sixty- Repeal, 
three of the acts of the year eighteen hundred and sixty-five 
as relates to notice and publication thereof, is hereby 
repealed. 

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

Approved May 9, 1866. 
An Act to repeal chapter one hundred and sixty-five of the Chap. 224 

ACTS of the year EIGHTEEN HUNDRED AND SIXTY-TWO, RELATING "' 

to the RECEPTACLE FOR THE INSANE AT IPSWICH. 

Be it enacted, §'c., as follows : 

Section 1. Chapter one hundred and sixty-five of the Repeal, 
acts of the year eighteen hundred and sixty-two is hereby 
repealed. 

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

Approved May 9, 1866. 
An Act to authorize the town of holliston to equalize its Chap, 225 

LOCAL BOUNTY TO RE-ENLISTED VOLUNTEERS UPON THE QUOTA OF "' 
SAID TOWN. 

Be it enacted, ^'c, as follows : 

Section 1. The town of Holliston is hereby empowered May raise money 

, . /. , , i.' n 1 /• J.1 ^°<1 P'^y soldiers 

to raise a sum oi money, at a town meeting called for the «i25 wiio re-ea- 
purpose, sufficient to pay one hundred and twenty-five dollars iai b^ouity?'^* '°' 
to each of those soldiers who re-enlisted in the field upon 
the quota of said town, who have never received the local 
bounty which was offered and paid by the town to such 
volunteers. 

Section 2. The sum authorized to be raised by the first sum, when as 
section shall be assessed by the town of Holliston at the next ^^^^^' 
annual assessment. 

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

Approved May 9, 1866. 
An Act to authorize the organization of an independent ChttT) 226 

COMPANY OF CAVALRY. "' 

Be it enacted, §'c., as follows : 

Section 1. The commander-in-chief is hereby authorized Govemormay 
to organize, at headquarters, an independent company of difect!^^ 
cavalry or horse guards, for the performance of such escort 
or guard duty as he shall from time to time prescribe ; such 
company to remain unattached, or be attached to such 
division as the commander-in-chief shall prescribe, and be 
subject only to his orders or to the orders of the commander 
of the division to which it may be attached. 

Section 2. The officers and soldiers of said company shall service and outfit 
serve without pay or emolument, and shall furnish their own char^ge'w sute. 
uniforms, arms, equipments and horses, free of any cost or 



224 



1866.— Chapters 227, 228, 229. 



OfiScers and sol- 
diers, number, 
rank and gov- 
ernment. 



Chap. 227 



Section 8, chap- 
ter 177, Acts of 
'65, revived and 
extended one 
year. 



Chap. 228 



Repeal. 



Chap. 



City may take 
certain lands 
and estates. 



Damages, how 
estimated and 
determined. 



charge whatever to the Commonwealth ; said uniforms, arms . 
and equipments to be such as the commander-in-chief shall 
approve. 

Section 3. Tlie maximum of officers and soldiers of said 
company, and the number and rank of its officers, shall be 
the same as prescribed by law for companies of cavalry of 
the volunteer militia. Said company, when organized, shall 
be governed by such rules and regulations as the commander- 
in-chief shall from time to time prescribe, not inconsistent 
with the laws of the Commonwealth or of the United States, 
as established for the government of the volunteer militia. 

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

Approved May 9, 1866. 

An Act in addition to " an act for supplying the toavn of 

fitchburg with pure water." 
Be it enacted, ^'c, as follows : 

Section 1. The provisions of section eight of chapter one 
hundred and seventy-seven of the acts of the year eighteen 
hundred and sixty-five, are hereby revived and extended for 
one year from the passage of this act. 

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

Approved May 9, 1866. 

. . J . 

An Act to repeal the fifth section of chapter two hundred 
and fifty of the acts of the year eighteen hundred and 
sixty-four, concerning exceptions in crimjnal cases. 
Be it enacted, §*c., as follows: 

Section 1. The fifth section of chapter two hundred and 
fifty of the acts of the year eighteen hundred and sixty-four 
is hereby repealed. 

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

Approved May 10, 1866. 

229 ^^ ^^^ ^^^ '^^^ BETTER DRAINAGE OF CERTAIN LANDS IN THE CITY 
OF BOSTON, AND FOR THE PRESERVATION OF THE PUBLIC HEALTH 
IN SAID CITY. 

Be it enacted, ^c, as follows: 

Section 1. The city of Boston may purchase or otherwise 
take the lands and estates, or any of them, in said city, with 
the buildings and other fixtures tliereon, situated and lying 
within the district bounded on the north by Boylston street, 
on the east by Pleasant street, on the south-east and south by 
Tremont street and the Boston and Worcester railroad, and 
on the west by Ferdinand street, and the extension of the 
same northwardly in a straight direction to Boylston street. 

Section 2. If the city is not able to obtain such lands or 
estates by agreement with the owners, the damages for taking 



1866.— Chapter 229. 225 

the same shall be estimated and determined in the manner 
provided in the cases of laying out railroads and highways : 
provided^ however, that any application for a jury for the Provisos: appii- 
revision of the judgment of the board of aldermen in the w^heo'tobemade! 
assessment of damages shall be made within six months 
from the entry of the order on which such application is 
founded ; and provided, also, that after thirty days' notice in After thirty days' 
writing to the occupant, and also to the owner, in case he is uklTl^tele^ ™*^ 
known and resides in the Commonwealth, or in case he is 
unknown or resides out of the Commonwealth, to the occu- 
pant, the city may enter upon and take possession of any of 
said estates, and the damages for taking said estate shall be 
deemed to have accrued from the time of such entry. 

Section 3. The board of aldermen of the city of Boston Board of aider- 
may fill up with good, clear earth, the lands of said district ^radJ^iYnds and 
to a grade not less than twelve feet above mean low-water, ^^^ ^^'^^^ 
and may lay and make such main drains and common sewers 
as they shall adjudge to be necessary for the public health. 
Said board may discontinue the existing streets and ways in May discontinue 
said district, and lay out and construct such new streets and out new ones. *^ 
avenues as they shall adjudge the public convenience to 
require; but of a grade not less than eighteen feet above Grade above low. 
mean low-water, except where the new- streets or avenues '* '■pi'^'cn e 
shall connect with existing streets without the limits of said 
district which are of a lower grade. 

Section 4. If the estate of any person within said district. Damages from 
not purchased or taken by the city, shall be injured by filling Ls^esfme^ntf ^ ^' 
up or raising the grade of said district, by discontinuing the 
ways or streets within the same, or the laying out and con- 
structing of new streets or avenues, the damages shall be 
assessed in the manner provided in section second of this act ; 
but no jury or committee shall have authority to revise the Decision of board 
judgment of the board of aldermen, as to the filling up and tersTnai" 
raising the grade of said district, or the discontinuajice of 
any way or street therein, or the laying out or construction 
of any new street or avenue. 

Section 5. The title to the lands taken under the provi- Titles to lands 
sions of this act shall vest in the city of Boston ; and the awlrme'n sbaii 
board of aldermen of said city, after said land is filled up, 
drained, and the streets and avenues laid out, as is in the 
preceding section provided, shall divide the lands so pur- 
chased and taken into suitable building lots, and sell such 
lots at public auction, at such times, in such quantities, 
and with such notice and conditions of sale, as the said 
board shall adjudge to be best for the favorable sale of said 
lands. 



divide into lots 
and sell. 



226 1866.— Chapter 229. 

Receipts and SECTION 6. Said citv of Bostoii sliall cause to be kept full 

expenditures, , ^ j/>ii -in it 

accounts to be aiicl acciirate accounts oi all moneys received irom the sales 
kept. ^|. jg^,j(jjg gQ taken, or purchased, and of the buildings and 

fixtures thereon, and from the use and occupation of any 
lands or buildings before sales made ; of all moneys paid by 
the city in the purchase of lands ; of all damages paid for 
taking lands ; of all damages paid for injury to lands ; of the 
expenses of raising and filling up said district ; of construct- 
ing the main drains and common sewers ; of taking up and 
replacing the pipes for water and gas ; of laying out and 
constructing new streets and avenues ; of the laying out into 
lots, and the sale and conveyance of said lands ; and of all 
other expenses incurred in carrying into effect the provisions 
Accounts, to of this act. Such account shall be open to the inspection of 

whose inspection ,i -, mtj. !• i 

open. the governor and council, and treasurer and receiver-general 

of the Commonwealth, and the president, directors and 

treasurer of the Boston Water Power Company. 

Expenses exceed- SECTION 7. If upon the salcs of said lauds it shall be 

may apply to asccrtaincd by the board of aldermen of said city that the 

coSrtforco"mmi^.' cxpeuses incuiTcd by the city in carrying into effect the pro- 

sioners. visioiis of tliis act shall exceed the amount received by the 

city from the sale of lands, buildings or fixtures thereon, or 

the use and occupation of the same, the city may by petition 

apply to the supreme judicial court for the appointment of 

three commissioners, and the said court, after notice to the 

Commonwealth and to the Boston Water Power Company, 

shall appoint three commissioners, who shall receive such 

compensation as shall be fixed by said court, to be paid by 

the city of Boston. 

Commissioners SECTION 8. It shall be the duty of the said commissioners, 

to ascertain if n. j-^ji j__l ^ j • • i i • 

causes of jm- aitcr iioticc to thc attomey-geiieral, to inquire and ascertain 
are due'^To actfon wlicthcr the causos wliicli luivc impaired the drainage of said 
officere'^ <>'■ '"^s territory, and made it necessary to raise the same, as pro- 
vided in this act, are the result of any and what action of 
the Commonwealth, or of any of its authorized agents or 
officers, and to what extent or degree any legislation of the 
Commonwealth, and the action of any person or corporation 
under the same, or any action of the Commonwealth or its 
authorized agents or officers, has impeded, hindered or 
Equitable liabii- impaired the drainage of the said territory, and what pro- 

itv 01 ot8>t6 to DG • •rt i?"Tii /* 1* * k 

learned. portioii, it any, 01 said balance ot expenditures over receipts 

of filling up the said territory should in equity and good 
conscience be borne by the Commonwealth, having regard to 
any contracts the Commonwealth may have made with any 
Shall report to parties rcspcctiiig the premises ; and the said commissioners 
legislature. ^\\2^ make rcport of their doings and opinion in this regard 
to the general court. 



1866.— Chapters 230, 231. 221 

Section 9. Tlie said commissioners shall also, after notice t-iabiuty of water 

-T-. -TVT T-. /-I • 1 1 J. power company; 

to the Boston Water 1 ower Company, ascertani and deter- award to be bina- 
mine what portion, if any, of sncli balance of expenditures "'^' 
over receipts ought in equity and good conscience to be paid 
by the Boston Water Power Company ; and the award of said 
commissioners, or of a majority of them, being made and 
returned into the said court, shall be binding upon said 
Water Power Company. 

Section 10. This act shall not go into effect unless the Act to be accept- 
same shall be accepted liythe Boston Water Power Company, water Power 
at a meeting of the stockholders called for that purpose ac™pta° w c°r- 
witliin forty days after its passage, and a copy of the vote of "^^<^' ®^^ ''"'^ 
acceptance, attested by the clerk of said company, filed with 
the city clerk of the city of Boston, and with the secretary 
of the Commonwealth. 

Section 11. Subject to the provision contained in the last 
section, this act shall take effect upon its passage. 

Approved May 10, 1866. 

An Act concekning the amherst branch railroad company. Chap. 230 
Be it enacted, ^"c, as follows : 

Section 1. The time for the location and construction of Time for locating 

i-n.-in/--t • and construction 

the railroad of tlie Amherst Branch Kauroad Company, is extended, 
hereby extended three years from the time designated in the 
one hundred and forty-seventh chapter of the acts of the year 
eighteen hundred and sixty-four. 

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

Approved May 10, 1866. 

An Act to incorporate the stony brook water power company. (JJidyy 231 

Be it enacted, §'c., as follows : 

Section 1. Alexander H. Caryl, Charles G. Sargent, corporators. 
Isaac Farrington, their associates and successors, arc hereby 
made a corporation, by the name of the Stony Brook Water 
Power Company, for the purpose of constructing and main- Purpose, 
taining reservoirs of water at Gilson's Mills, so called, in 
Littleton, and Forge Pond, so called, in Westford, for the 
supply of mills situated on the Stony Brook stream ; with PrivUeees and 
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 in relation to such 
corporations. 

Section 2. Said corporation may hold real and personal f^d^g^i^areB'''*' 
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. 



duties. 



228 1866.— Chapitrs 232, 233, 234. 

Repeal. SECTION 3. Chapter sixty-two of the acts of the year one 

thousand eight hundred and sixty-six is hereby repealed. 
Section 4. This act shall take effect upon its passage. 

Approved May 10, 1866. 

Chap. 232 ^^ -^ct to incokporate the stiles reservoir company. 
Be it enacted, Sfc, as follows : 

Corporators. SECTION 1. Fraucis Stilcs, juuior, Gcorge Hodgcs, Edwin 

Bartlett, their associates and successors, are hereby made a 
corporation, by the name of the Stiles Reservoir Company, 

Purpose. for thc purposc of constructing and maintaining a reservoir 

of water on Cedar Meadow Brook, in the town of Leicester, 
or in the town of Spencer, for the supply of mills situated 
on French River, of which said Cedar Meadow Brook is a 

Powers and tributary ; with all the powers and privileges, and suljject to 
all the duties, restrictions and liabilities set forth in all 
general laws which now are or may hereafter be in force 
applicable to such corporations. 

Estate, capital SECTION 2. Said corporatiou may hold real and personal 
8 ares. estatc ncccssary and convenient for the purposes aforesaid, 
and its whole capital stock shall not exceed thirty-five thou- 
sand dollars, which shall be divided into shares of one 
hundred dollars each. 

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

Approved May 10, 1866. 

Chap. 233 -^^ -^^"^ ^^ relation to suits by and in behalf of the 
■^ * commonwealth. 

Be it enacted, ^'c, as follows : 
May be in defend- SECTION 1. Auy civil actiou iu whicli the Commou Wealth 
tn suffo*ik.°*^ *"^ is plaintiff, or which is brought to recover money due to the 

Commonwealth, may be brought in the county in which the 

defendant lives or has his usual place of business, or in the 

county of Suffolk. 
Action, by whom SECTION 2. All civil actious to rccovcr money for the 
brought. benefit and to the use of the Commonwealth may be brought 

by tlie attorney-general or a district-attorney, in the name of 

the Commonwealth. 

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

Approved May 15, 1866. 

Chap. 234 -^^ ^^^ relative to state PAUPERS. 

Be it enacted, §"c., as follows : 

Support of hus- Section 1. "When the operation of any provisions of law 

phTct ^f ^e-8 in relation to poor and indigent persons might cause a 

settlement. separation of husband and wife, by reason of the wife having 

a legal settlement in some place in the Commonwealth, the 



1866.— Chapter 235. 229 

husband being a state pauper, both parties shall be supported 
by the place where the ^Yite has a legal settlement. 

Section 2. The expense of thus supporting the person state to pay 
•who is such state pauper shall be paid by the Commonwealth, ^^p®°^- 
reference being had to the expense of supporting such person 
at the state almshouse, if there committed. 

Section 3. Chapter ninety-four of the acts of the year Repeal, 
eighteen hundred and sixty-one is hereby repealed. 

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

Approved May 15, 186G. 

An Act concerning vagrants and vagabonds. Chap. 235 

Be it enacted, §*c., as follows : 

Section 1. All idle persons who, not having visible means Enumeration of 
of support, live without lawful employment ; all persons be deemed tV 
wandering abroad and visiting tippling shops or houses of ^'^°'*" 
ill-fame, or lodging in groceries, out-houses, market places, 
sheds, barns or in the open air, and not giving a good account 
of themselves ; all persons wandering abroad and begging, or 
who go about from door to door, or place themselves in the 
streets, highways, passages or other public places to beg or 
receive arms, shall be deemed vagrants. 

Section 2. It shall be the duty of sheriffs, constables and officers to arrest 

T /Y" i- ,^ i i? and enter com- 

police officers, acting on the request oi any person or upon plaints against. 
their own information or belief, to arrest and carry such 
vagrant before a trial justice or police court within the town 
or district where such vagrant may be, for the purpose of an 
examination, and shall then and there make a complaint 
against such vagrant in due form of law. 

Section 3. Whoever shall be convicted upon his own con- sentence of ra- 
fession, or by other competent evidence, of being a vagrant ^'^*°'" 
within the meaning of this act, shall be committed for a term 
not exceeding six months to the house of correction for the 
county, or the house of industry or work-house where the 
conviction is had. 

Section 4. Any person known to be a pickpocket, thief or Known pickpock- 
burglar, either by his own confession or otherwise, or by his gikr, when'^to'be 
having been convicted of either of said offences, and having bond*'anra^ 
no visible or lawful means of support, when found prowling r«»^^^- 
around any steam-boat landing, railroad depot, banking insti- 
tution, broker's office, place of public amusement, auction 
room, store, shop, crowded thoroughfare, car or omnibus, or 
at any public gathering or assembly in any town or city, 
shall be deemed a vagabond, and shall be taken into custody 
by any sheriff", deputy sheriif, constable or police officer ; and [If b^r''„*'''^**/°s 
the officer making the arrest shall, within twenty-four hours court. 



230 ■ 1866.— Chapter 236. 

after such arrest, (Sunday and legal holidays excepted,) 

bring him before some proper court or magistrate in the city, 

town or county where the arrest was made, and if found 

Penalty if guilty, guilty of being a vagabond, within the meaning of this act, 

upon a complaint duly made, shall be committed to the 

house of correction for the term of not less than four nor more 

than twelve months. 

«■ s. 178, §17, Section 5. The provisions of section seventeen of chapter 

apply. ^' ^ "' *° one hundred and seventy-eight, and of section thirty-two of 

chapter one hundred and sixty-five of the General Statutes, 

shall apply to this act. Approved May 15, 1866. 

Chap. 236 -^^ -^ct ix kelation to the inspection and measurement op 

LEATHER. 

Be it enacted, Sfc, as follows : 

Penalty for sell- Section 1. Tlic ouc liuudrcd and ninth section of the 

notiuspectedand forty-niutli cliaptcr of the General Statutes is hereby so 

sealed. auicndcd as to read as follows, viz. : Whoever within a place 

for Avhich an inspector has been appointed, sells sole or belt 

leather not inspected and sealed as aforesaid, shall forfeit one 

dollar for each side of leather so sold, and such forfeiture 

may, in addition to the methods now provided, be recovered 

by an action at law in favor of any person injured by the sale 

of such leather not so inspected and sealed. 

Measurers of up- SECTION 2. Eacli mcasurcr who is appointed a measurer 

per leather, juris- p i ii r> i • , t 

diction defiued. 01 uppcr Icatlier lor one place in a county, may, upon appli- 
cation made to him, measure and seal leather in any other 
place of the same county, when there is no measurer in such 
other place ; and he shall, upon the like application, measure 
and seal leather in any place of an adjoining county, when 
there is no measurer appointed in such adjoining county. 
Certain upper SECTION 3. The ouc hundred and thirteenth section of 

said chapter is hereby amended by adding at the end of said 
section the following words, viz. : " no such upper leather, 
except what has been previously measured and sealed by one 
of the measurers of this state, or by some measurer lawfully 
appointed for that purpose in some other of the United States, 
shall be sold for any purpose whatsoever, until it has been 
Penalty for sell- mcasurcd and sealed ; and whoever sells such upper leather 
no^tme^uredand not lucasurcd and sealed as aforesaid, shall forfeit one dollar 
sealed. fQp eacli sidc of leather so sold ; and such forfeiture may, in 

addition to the methods now provided, be recovered by an 
action at law in favor of any person injured by the sale of 
such leather not so measured and sealed." 



1866.— Chaptehs 237, 238. - 231 

Section 4. The buyer and manufacturer of leather may, contracting par- 

, ..... iiTx- ties may waive. 

by agreement, waive mspection, measurement and sealing oi 
leather as provided in this act. 

Section 5. This act shall take effect six months from the Act, wiieuin 

date of its passage. Approved May 15, 1866. 

An Act concerning billiard rooms and bowling alleys. Chap. 237 
Be it enacted, §*c., as follows: 

Section 1. So much of the seventy-first section of chapter Hours of closing, 
eighty-eight of the General Statutes, as relates to the hours 
of closing billiard and bowling rooms, is hereby repealed : 
provided, that nothing herein contained shall abridge the Proviso. 
powers of boards of aldermen and selectmen, in granting 
licenses. 

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

Approved May 15, 1866. 
An Act concerning the obstructions to the passage of fish in Chap. 238 

THE CONNECTICUT AND MERRIMACK RIVERS. ^ 

Be it enacted, ^r., as follows : 

Section 1. The governor, by and with the advice and Governor to 

_ Vi.,,'' 1 • T j_ •j.j. appoint commis- 

consent ot the council, is hereby authorized to appoint two sion. 
persons to be commissioners of fisheries in the Merrimack 
and Connecticut rivers, who shall hold said ofi&ce for the Tenure. 
term of five years, unless sooner removed therefrom. And 
in case of any vacancy in said board, the governor shall have 
power to fill the same. 

Section 2. Said commissioners shall forthwith examine commissioners 

■ 1 IT . , . • J.1 • /-^ ij.1 1 to examine dams 

the several dams on said rivers in this Commonwealtli, and and determine 
shall, after notice to the owners of said dams, determine and asu^wa^s.'"" °^ 
define the mode and plan upon which fish-ways shall be con- 
structed suitable and sufficient in their opinion to secure the 
free passage of salmon and shad up said rivers during their 
accustomed seasons. 

Section 3. It shall be the duty of the commissioners siwu submit 
appointed under 1;his act, when they shall have determined namp'°hire com- 
upon the method and plan for such fish-ways, to submit a full 
and specific statement and description of the same to any 
board of commissioners empowered to act by the state of 
New Hampshire, upon the same or similar subjects, for their 
approval. 

Section 4. If any plan so submitted shall be approved by copies if ap- 

,•'■'- . proTfd, to be 

the said commissioners for the state of New Hampshire, the furnisiied pro- 
commissioners under this act shall forthwith upon such and fiilV with""*' 
approval being expressed, furnish a copy of the ])laii adopted commonweauh. 
for each dam to the proprietors thereof, and shall filo a copy 



missioners. 



232 » 1866.— Chapter 238. 

of each of such plans in the office of the secretary of the 
Commonwealth, with an affidavit of the fact that the same 
has been furnished to said proprietors, which affidavit shall 
be full proof of the facts therein stated. 
Construction by SECTION 5. If the scvcral proprietors of said dams shall 

proprietors, with .,-i/-i t , "'*"ii 

approval of com- couscut to coustruct said tisli-ways accordnig to the several 
cerufieTsecreta* plaus adoptcd for their respective dams, at their own expense, 
[n'lieu of Jre^n't ^^^® commissioucrs undcr this act may agree with the propri- 
requirement for etors of the scvcral dauis so to do. And when the same shall 
^^" ■ have been constructed within such reasonable time as said 
commissioners shall prescribe, and according to said plans, 
with such minor variations therein as said commissioners 
shall approve, the said commissioners shall certify said con- 
struction to the secretary of the Commonwealth, and the 
same shall, for the period of five years from the passage of 
this act, be taken and deemed as in lieu of the fish-ways 
which said proprietors respectively are now required by law 
to keep and maintain over, at or around their respective 
Maintenance and dams. But Said proprietors respectively shall be required to 
repair ways, j^ggp ^^^[^ fish-ways ou their respective dams in good repair, 
and to maintain the same for the period of five years from 
the passage of this act to the satisfaction of said commission- 
Liability under GTS ; and during the period of said five years the liability of 
p°/nded!^'^ ^'^' said proprietors respectively to build and maintain the 

fish-ways now by law required of them shall be suspended. 
Commissioners to SECTION 6. When Said fisli-ways shall have been con- 
w"y8"shau" be structcd as aforesaid, the commissioners under this act shall 
open. prescribe in writing the times when the same shall be kept 

open and unobstructed, with power to change such times as 
Shall serve copy, they may deem judicious. And a copy of such prescriptions 
shall be served on each of such proprietors, and the certifi- 
cate of said commissioners of the manner in which the same 
have been served shall be full proof of the fact. 
Shall contract for SECTION 7. If any proprietor of any dam shall refuse or 
struction of,°'if ucglcct, for thc period of thirty days from the time said com- 
orne'guct!'^^^ missioners shall have furnished said proprietor with the plan, 
as herein before provided, to agree with said commissioners 
for the building at, over or around his dam of the fish-way 
prescribed by the plan furnished such proprietor by said com- 
missioners, then said commissioners shall be authorized to 
contract in behalf of this Commonwealth for the construction 
of the fish-way at, over or around the dam of said proprietor 
so refusing or neglecting. And said commissioners shall 
thereupon cause such fish-way to be constructed with all 
Expense, how re- reasonable despatch. And the expense thereof shall be a 
charge against the owner of such dam, and the same may be 



1866.— Chapitr 238. 233 

recoYcrecl of said proprietor in an action of contract in the 
name of the Commonwealth, with costs and twelve per cent, 
interest on the amount of such expense from the time when 
the same shall have been demanded of such proprietor by- 
said commissioners. 

Section 8. Whenever, in the construction of any such Damages for^^ ^^ 
fish-way, the property of any person not liable by law to partTnotuabie. 
provide a suitable and sufficient fish-way at, over or around 
such person's dam, shall be taken for the purpose of such 
fish-way, the said commissioners shall, upon the application 
in writing of the person aggrieved, assess a reasonable com- 
pensation therefor, to be paid by the Commonwealth. And Person aggrieved 
any person aggrieved by such assessment shall have the right 
to have such compensation determined by a jury, in the 
manner provided by the General Statutes for the assessment 
of damages occasioned by the laying out of highways. 

Section 9. Said commissioners shall have power to con- commissioners 
tract with the proprietor of any dam on either of said rivers, ™^^n°Jion*of lia- 
for the suspension for five years from the passage of this act ^"r for'fiTryeM^ 
of the liability of said proprietor to construct at his own upon payment. ' 
expense any fish-way at, over or around his said dam, upon 
the payment by said proprietor to the treasurer of the Com- 
monwealth of such a sum of money as said commissioners 
shall deem reasonable, and a copy of any such contract, 
attested by said commissioners, shall be filed in the office of 
the secretary of the Commonwealth. 

Section 10. Said commissioners shall have power to con- May contract 
tract with the Essex Company for the construction of the pany for fish- 
fish-way prescribed by said commissioners over the dam of LawrTnce^*™ ** 
said company, at Lawrence, by said company, at an expense 
to the Commonwealth not exceeding seven thousand dollars, 
the said Essex Company to pay the expense of such building 
over and aliove the said amount so to be paid by the 
Commonwealth. 

Section 11. The compensation of each of said commis- Pay of commis- 
sioners shall be determined hj the governor and council. 

Section 12. The commissioners appointed under this act General powers 
shall have power to construct, or to contract for the con- °^g^°™'"'^®'°"- 
struction of, such appliances and structures as they may 
think essential or useful for the passage of the fish herein 
named up and down said rivers, and for their protection in 
such passage. 

Section 1-3. Said commissioners may in their discretion May delay work 
delay the definite construction of fish-ways on the Connecti- R°ve*i°untii'Teg*- 
cut river, until they shall be satisfied that such legislation s^,""Vau'te 
has been adopted by the state of Connecticut as shall in their approved. 

37 



money. 



234 1866.— Chapter 239. 

opinion be necessary to secure the free passage of the fish 
above named through tlie part of said river running through 
said state of Connecticut. 

Appropriation of SECTION 1*4. There shall be appropriated and' paid from 
the treasury of tlie Commonwcaltli a sum not exceeding seven 
thousand dollars, to defray the expenses of the commissioners 
herein created, and of constructing the fish-ways herein 
provided for. 

Penalty for re- SECTION 15. Auv i^crsou wlio shall neglcct Or refuse to 

fusal or neglect , .''.'■ ^ . , ° . ■■, -, 

to maintain or Kccp opcii Or maintain any nsh-way at tiie times prescribed 
^e^ep open fisii- ^^ ^j^^ commissiouers under this act, shall forfeit the sum of 
fifty dollars for each day's neglect or refusal so to keep open 
or maintain said fish-ways, to be recovered by indictment in 
the county where said dam, or any part thereof, is situated, 
one-half thereof to the use of the complainant and the other 
half to the use of the Commonwealth. 

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

Approved May 15, 1866. 
Chap. 239 -^^ Act to amend the charter of the Worcester lyceum and 

LIBRARY ASSOCIATION. 

Be it enacted, §t., as follows : 

Name changed. SECTION 1. The uamc of the Worccstcr Lyceum and 
Library Association is hereby changed to the Worcester 
Lyceum and Natural History Association. 

Terms of mem- Section 2. Auv inhabitant of Worcester above the age of 
fourteen years, may, on such terms as shall be fixed by the 

Officers. by-laws, become a member and entitled to vote. The officers 

of said corporation shall be a president, vice-president, secre- 
tary, treasurer, a lecture committee of three, and such other 
officers as the association may by its by-laws provide. 

May hold estate. SECTION 3. Said Corporation may hold real and per- 
sonal property to an amount not exceeding one hundred 

Cabinet, funds thousaud doUars. The cabinet and funds now belonging to 

erty for natural the uatural liistory department of said corporation, together 

history. -wUh. sucli othcr property as may be given to or acquired by 

said corporation for the purpose of promoting the study of 
natural history, shall be held in trust for that purpose. All 

Funds for public othcr iuvcstcd fuuds now held by said corporation, with such 
additions as may be made to the same, shall bo held in trust 

to truste?s^"°^ ^'^^ ^^^^ purposo of providing public lectures. So much of * 
chapter ninety-six of the acts of the year eighteen hundred 
and sixty-three as provides for the election and powers of 
trustees to hold the property of said corporation is repealed. 

Shall have lee- SECTION 4. Said Corporation shall provide a course of 

tures annually. ^ -i , i i • i 

popular lectures each year, at such time and on such terms 



1866.— Chapter 240. 235 

as the lecture committee shall decide ; said committee shall ^^^^^ commit- 

be choseu by those persons who hold season tickets for the 

last preceding annual course, together with the members of 

said association. At least one-half of the profits of the Profits of lec- 

anuual course of lectures shall be added to the invested posed. 

lecture fund until the same shall amount to the sum of ten 

thousand dollars. Thereafter such profits may be disposed 

of at the pleasure of the association for any of the purposes * 

of its incorporation. 

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

Approved May 15, 1866. 
Ax Act to incorporate the brookline and back bay street Q]iQn^ 240 

RAILWAY COMPANY. ^ 

Be it enacted, ^'c, as follows : 

Section 1. Augustine Shurtleff, George B. Blake and corporators. 
Charles U. Cotting, their associates and successors, are 
hereby made a corporation, by the name of the Brookline 
and Back Bay Street Railway Company, with all the privi- Privileges and 
leges and subject to all the duties, liabilities and requirements ^^^ "'^ ^°^' 
set forth in all the general laws which now are or may here- 
after be in force, relative to street railway corporations. 

Section 2. Said company may construct, maintain and May construct 
use a street railroad with single or double tracks, with con- certli^n stolts 
venient and suitable turnouts, from Park Square in the city Bro^kUne? ^"^ 
of Boston, through Providence to Berkeley Street, then 
through Berkeley Street in said Boston to Boylston Street, 
then through and over Boylston Street in the cities of Boston 
and Roxbury and town of Brookline, as said street is shown 
on a " plan of lands in the back bay, as laid out and recom- 
mended l)y the back bay commissioners," said plan bearing 
date December thirty-first, eighteen hundred and sixty-one, 
then through Colchester Street, Kent Street, Longwood 
Avenue and Harvard Street, to the intersection of Harvard 
and Beacon Streets in said Brookline : jyrovided, however, vro-nio-. tr&eks 
that nothing herein contained shall authorize the laying of across" Boston 
the tracks of said railroad across the tracks of the Boston Rafirol^ aT*'^' 
and Worcester Railroad, at a level therewith, but that it sliall gi^ade. 
pass over the same on a substantial bridge to be erected and 
maintained without any expense or damage to the Boston 
and "Worcester Railroad Corporation. 

Section 3. In the location of said tracks over and upon Tracks over 
such of the aforesaid streets as belong to the Commonwealth bay^commission- 
in the Back Bay, the same shall be laid in such manner, and fandrto d"ter- 
at such grade, as the commissioners on public lands shall mine, 
determine ; and when such streets are accepted by the muni- 



236 1866.— Chapter 241. 

Control when cipal Or otlier authorities as public hidiways, the said tracks 

streets are ac- ini i- ^ . . ^ 

cepted highways, sliall UQ subjcct to the sauie municipal control as the tracks 

of other street railways. 

Track on ciaren- SECTION 4. The commissioncrs on public lands may- 
don Street may ,1 • • n . ^ -, ^ . . X 

be allowed, sub- autliorizc said corporation to lay and maintain a track 
iT governor"^''' tlirougli Clarendon Street, between the southerly line of 

Beacon Street and Boylston Street, upon such terms and 

conditions as may be mutually agreed upon, subject to the 

approval of the governor and council, 
capitai^stock of Section 5. The capital stock of said Brookline and Back 

Bay Street Railway Company shall not exceed three hundred 

thousand dollars, 
prive B°o*8ton and SECTION 6. Nothing iu this act shall deprive the municipal 
Brookline of cer- authoritics of thc city of Boston and town of Brookline of any 
m powers. powers givcii uudcr the General Statutes regulating street 

railroads. 
Void if construe- SECTION 7. This act shall become void unless the road is 

tion IS delayed n • i • i 

three years. coustructcd witliui tlircc ycars LTom its passage. 

Approved May 15, 1866. 

Chdp. 241 An Act in addition to " an act to establish the city of 

NEWBURYPORT." 

Be it enacted, ^"c, as folloivs : 
Salary of mayor, Section 1. Tlic mavor of the city of Newbui'vport sliall 

how determined. . , ?„,. '' . ,,t 

receive such compensation tor his services, not to exceed one 

thousand dollars, as the city council by concurrent vote shall 

determine as the salary for each succeeding year : provided, 

hoivever, that a salary for the present year may be determined 

by the present city council. 

Repeal. SECTION 2. All acts and parts of acts in relation to said 

city of Newbury port as are inconsistent with the provisions 

of this act, are hereby repealed. 

Act void unless SECTION 3. This act shall not go into operation until a 

ac^c^ep e yci jjjgjority of tlic citizcus voting thereon by yea or nay and by 

ballot, shall accept the same, at meetings held simultaneously 

in the several wards upon notice duly given at least seven 

days before the time of said meetings, and within sixty days 

after the passage of this act, at which meetings the polls 

shall be kept open at least six hours, and the check lists shall 

When in force if be uscd US iu the elcctiou of state and city officers ; and if 

accepte . ^j^-^ ^^^ shall be acccptcd, it shall take effect from and after 

its acceptance as aforesaid. Approved May 18, 1866. 



1866.— Chapters 242, 243. 237 

Ax Act to change the name of the boston society for the Chap. 2-42 

PREVENTION OF PAUPERISM. 

Be it enacted, ^'c, as follows : 

Sectio;; 1. The Boston Society for the Preyentioii of industrial Aid 
Pauperism shall hereafter be known by the name of the venuoa of Pau- 
Industrial Aid Society for the Prevention of Pauperism, and p"'-'™- 
under such name shall hold all its property, and shall have all 
the privileges and do all things which it could have done 
under its former name. 

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

Approved May 18, 1866. 
Ax Act to incorporate the avest end laxd and improvement QJi^v)^ 243 

COMPAXY. ■^' 

Be it enacted, ^"c, as follows : 

Section 1. Nathan Matthews, David Sears, junior, Samuel corporators. 
W. Swett, their associates and successors, are hereby made a 
corporation, under the name of the West End Land and 
Improvement Company, with all the powers and privileges, Privileges and 
and subject to all the duties, liabilities and restrictions set '^®*"'»'="°°^- 
forth in general laws which now are or hereafter may be in 
force relative to such corporations. 

Section 2. Said corporation may purchase, hold, improve May hold, im- 
and sell any lands or flats situated in the cities of Boston or L^dsandflate. 
Roxbury or in the towns of Brookline or Brighton, between 
Charles river and Tremout street, and any lauds near or 
adjacent to the back bay. 

Section 3. All streets or ways laid out by said corporation Grade of streets 
on its lands shall have a grade at least eighteen feet, and the °'^^ ^ ^' 
lands shall have a grade of at least twelve feet, above mean 
low-water. And said corporation shall not obstruct the Drainage not to 

1 . 1 • n • , 1 -\ 11 be obstructed. 

natural or present drainage irom its own lands, or any lands 
adjacent thereto, or lying in the neighborhood thereof, with- 
out providing other ample means of drainage by the construc- 
tion of proper sewers or drains. And all streets made as streets to be 
aforesaid, shall be laid out and constructed with the approba- itatecommil- 
tion and under the direction of the state land commissioners, *'<'°«'^- 
or such commissioners as the state may at any time appoint ; 
and the sewers and drains shall be constructed with the sewers under 
approbation and under'the direction of the mayor and alder- ™"°'"p*"^^- 
men of the cities respectively, and of the selectmen of the 
town in which the same may be located. And in no event city or town not 
shall any city or town in which the land of said corporation 
is located be required to pay any compensation for construct- 
ing any drains or sewers in said land, but shall have a right 
to construct any drains or sewers which said city or town 



238 1866.— Chapters 244, 245, 246. 

may deem proper, in and through any of the streets or ways 
of said corporation. 
Capital stock of SECTION 4. The Capital stock of said corporation shall not 
company. excccd two million five hundred thousand dollars. • 

Right of filling SECTION 5. Nothing licreiii contained shall be construed 
defined. ^^ granting to or conferring upon said corporation any addi- 

tional rights, or leave to fill marsh land or flats now flowed 
by tide-water, not already enjoyed by the present owners of 
said land or flats. 

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

Approved May 18, 1866. 

Chap. 244 -'^^ -^^"^ concerning the fitchburg railroad company. 

Be it enacted, S^'c.^ as follows : 
May maintain SECTION 1. Tlic Fitchburg Railroad Company is hereby 
watMt^own*^" authorized to locate, construct and maintain a railroad track 
or tracks, which shall commence at a point on the Watertown 
Branch Railroad near the arsenal station, (so called,) and 
extend to the United States arsenal in Watertown. 
May remove SECTION 2. Whenever said tracks shall cease to be of use 

^^""^ and remunerative to said company, they shall have the right 

to remove the same. 

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

Approved May 18, 1866. 

Chan. 245 ^^ ^^^ ^'-* authorize the wrentham bank to- convey certain 

'■ ' REAL ESTATE. 

Be it enacted, §'c., as follows : 
Directors may SECTION 1. Tlic dircctors, or a majority of them, who 

to «)nvey*^^°*' held that office in the Wrentham Bank at tlie time when it 
ceased to be a state institution, are hereby empowered to 
authorize some person whom they may appoint at a meeting 
of said directors held for that purpose, to convey certain real 
estate now owned by the said bank, the title to a part of 
which has heretofore been in dispute. 

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

Approved May 18, 1866. 



Branch road and 
U. S. arsenal 



Chap. 246 



An Act to incorporate the mutual fire insurance company in 

salem, and for other p,urposes. 
Be it enacted, S,x., as follows: 

Corporators. SECTION 1. Cliarlcs S. Nicliols, Jamcs Chamberlain, Isaac 

P. Foster, their associates and successors, are hereby made a 
corporation, by the name of the Mutual Fire Insurance Com- 
pany in Salem, for the purpose of insuring buildings, stock in 

PriviiegeB and trade, and all other kinds of personal property ; with all the 
powers and privileges, and subject to all the duties, restric- 



restrictions. 



1866.— Chapter 247. 239 

tions and liabilities set forth in all general laws ^vliicli now 
are or hereafter may he iu force relating to such corporations. 

Section 2. All acts done by the Mutual Fire Insurance certain Acts 
Company in Salem, since the seyenteeuth day of April in the 'realized, 
year one thousand eight hundred and sixty-six, are hereby 
confirmed and made valid to the same extent as they would 
have been valid if done under the act incorporating said 
company, passed the seventeenth day of April in the year one 
thousand eight hundred and thirty-eight. 

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

Approved May 18, 1866. 



Chap. 247 



Ax Act to authorize the erection of a sea-wall, and the 

FILLING OF CERTAIN FLATS IN CHARLES RIVER, TO ABATE A 
NUISANCE. 

Be it enacted, ^'c, as folloics : 

Section 1. The city of Boston is hereby authorized and city of Boston 
empowered to build a sea-wall in the Charles River on or iTne^s defiued""^ 
within the following described lines : beginning at the point 
of intersection of the northerly side of Revere Street with 
the harbor commissioners' line as established in the year 
eighteen hundred and forty-one, and extending in a straight 
line south-westerly for a distance of six hundred and twenty- 
two feet to a point forty feet distant westerly and perpen- 
dicular to the said harbor commissioners' line ; thence on 
a concave arc of a circle of fourteen hundred feet radius 
south-westerly for a distance of eleven hundred and sixty-one 
feet to a point forty feet distant northerly and perpendicular 
to the harbor commissioners' line on the northerly side of the 
milldam, established in the year eighteen hundred and forty ; 
and to fill up to a proper grade the enclosed flats between the May en up flats. 
above described lines and the harbor commissioners' lines 
herein referred to, in order to abate and prevent a nuisance 
arising from the discharge and deposit of sewerage matter 
upon those flats now situated outside the reach of the scour- 
ing forces of the current of Charles River. And the city of siay contract 
Boston is hereby authorized to make any contracts with the ^wMrs.^""^'* 
riparian owners and any other parties as to the building of 
the sea-wall, the filling of said flats, and the future use Land made, use 
thereof when filled, subject to the express condition that the °^ '^^^''^'^'^d. 
flats filled under the authority hereby granted shall not be 
used for building purposes or for any other purpose than for 
ornamental grounds and a street. 

Section 2. The building of tlie sea-wall and the filling up narbor commis- 
of said flats shall be under tlie general supervision of the vl^e wor^'"^''" 
board of harbor commissioners and subject to all the rcgula- 



240 1866.— Chapters 248, 249, 250. 

tions and conditions provided for in the act entitled an act to 
establish a board of harbor commissioners. 

Approved May 19, 1866. 

Chop. 248 Ax Act to authorize Jonathan nickf.rson and others to con- 
tinue AND MAINTAIN THEIR WHARF IN PROVINCETOWN. 

Be it enacted, Sfc, as follows : 

May^^extend Jonathan Nickerson, Stephen Nickerson, Elisha M. Dyer, 

rights' of wharf- Samiicl T. SopcF, Francis Nickerson, Amos Nickerson, Lucy 

age and dockage. ^ Pyer and Salomc C. Holmes, proprietors of a certain 

wharf in Provincetown, called Union wharf, are hereby 

authorized to continue and maintain said wharf, with the 

right to lay vessels at the end and sides thereof, and to 

ProTiso: to be rcccivc wharfagc and dockage therefor: provided, hotvever, 

sione'rs'''uu™'^" that tliis grant shall in nowise impair the legal rights of any 

person, and if a commissioners' line shall be hereafter duly 

established in said harbor, said wharf shall not be maintained 

beyond such line. Approved May 19, 1866. 

Chcip. 249 An Act for the protection of trout and black bass. 

Be it enacted, §'c., as follows : 

Penalty for tak- SECTION 1. Whocvcr takcs Or catclics any trout in any 

trout°'sepr'2o rivcrs, streams or ponds, between the twentieth day of Sep- 

to Mar. 20. tcmbcr and the twentieth day of March, or within the time 

aforesaid sells, buys or has in his possession any trout so 

taken within this state, shall forfeit one dollar for each trout 

so caught or taken, sold, bought or had in possession. 

Taking bass, SECTION 2. Whocvcr shall take or catch any fish called 

i*except with black bass in any of the ponds within the limits of this Com- 

^°°^' mon wealth, from the first day of December to the first day of 

June, or at any time, except with hook and line, shall forfeit 

a sum not less than two nor more than twenty dollars for 

each offence, to be recovered by prosecution before any court 

competent to try the same. 

Facts^howcon- SECTION 3. In all prosccutious for forfeitures under the 

provisions of this act, the fact of sale, purchase or possession 

shall be evidence that the trout or black bass so sold, 

purchased or had in possession, were taken within this state. 

Approved May 22, 1866. 

Chap. 250 An Act to incorporate the quincy point shipping company. 

Be it enacted, §'c., as follows : 
Corporators. SECTION 1. Elias S. Bcals, Daniel H. Bills and John W. 

Shaw, their associates and successors, are hereby made a 

corporation, by the name of the Quincy Point Shipping Com- 
Purpose. pany, for the purpose of buying, building, owning, repairing, 

running, in the fishing and coasting trade, on the Atlantic 



strued. 



1866.— Chapter 251. 241 

coast and to the West Indies, and selling sailing vessels, 

having their place of business in the town of Quincy or in 

the town of Weymouth ; with all the powers and privileges, Privileges and 

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 manufacturing corporations, so far as 

applicable thereto. 

Section 2. Said corporation may hold, for the purpose May hoid real 
aforesaid, real estate to the amount of twenty thousand dol- ^ 
lars, and the whole capital stock of said corporation shall not ^^^^^^ ^''°"^'^ **"* 
exceed three hundred thousand dollars, to be divided into 
shares of one hundred dollars each. 

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

Approved May 22, 1866. 

An Act to incorporate the international telegraph company. Chap. 25 1 

Be it enacted, ^c, as follows : 

Section 1. E. K. Harding, George C. Richardson, Roland corporators. 
Worthington, Edwin C. Bailey, Dwight Foster, their associ- 
ates and successors, are hereby made a corporation, by the 
name of the International Telegraph Company, for the pur- Purpose, 
pose of constructing and using, purchasing and connecting 
with lines of telegraph within this Commonwealth and else- 
where ; with all the powers and privileges, and subject to all ^l^^^f^^^l^^ 
the duties, restrictions and liabilities set forth in all general 
laws that now are or hereafter may be in force relating to 
such corporations : provided, that the lines of telegraph Proviso, 
erected by said company shall be located under the direction 
of the mayor and aldermen of any city or of the selectmen of 
any town in which the same may be erected. 

Section 2. Said corporation may hold such real and per- Estate. 
sonal estate as may be necessary for the purpose aforesaid ; 
but the whole capital stock shall not exceed five hundred capital and 
thousand dollars, to be divided into shares of one hundred "^' 
dollars each. 

Section 3. The franchise, charter or any portion of the Franchise not to 
telegraph line of the said corporation shall not be leased, sold ^^ ^"^^ *"" ^®"'** 
or offered for sale or lease to any existing telegraph company 
or to any person or association of persons, without the con- 
sent of the legislature, and any contract made contrary to 
the provisions of this section shall be void ; and if within two conditions of va 
years from the passage of this act, at least fifty thousand dol- Iwi'ye/r^."' *^'*'" 
lars shall not have been subscribed and paid in cash on said 
capital stock, and at least eighty miles thereof, in this Com- 
monwealth, shall not have been constructed by the said 
corporation, then this act shall be void. 

38 



242 1866.— Chapters 252, 253. 

Rates of toll, leg- SECTION 4. The legislature may from time to time alter 
i8^a uremaycon- ^^ leduce tho pates of toll-cliarges by said corporation: 
Proviso. provided, said tolls shall not, witho\it the consent of said cor- 

poration, 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 May 23, 1866. 

Chap. 252 -A'N Act in relation to public places of amusement. 

Be it enacted, Sfc, as follows : 
Theatre, hall, inn SECTION 1, It shall uot be lawful to excludc persons from, 
riage,"equaiu7of or Tcstrict them in, any theatre or public place of amusement, 
persons in. liccused uuder the laws of this Commonwealth, or in any 

public conveyance, or public meeting, or licensed inn, except 

for good cause. 
Penalty for in- SECTION 2. Any pcpsoii oifcnding against the provisions of 
"^ '°^' this act shall be punished, for each offence, by a fine not 

exceeding fifty dollars. 

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

Approved May 23, 1866. 

Chcip. 253 ^N Act concerning offences against the public health. 

Be it enacted, SjX., as follows : 
Penalty for sale, SECTION 1. Whocvcr kills OP causcs to be killed, for the 

or killing for sale, c i i/» i .^ c i u l 

of calf ie.s3 than purposc 01 Sale, aiiy call less than four weeks old, or know- 
four weeks old. Yag\y sells, or has in his possession with intent to sell, the 
meat of any calf killed when less than four weeks old, shall 
be punished by imprisonment in the jail or house of correc- 
tion not exceeding six months, or by fine not exceeding two 
hundred dollars, or by both such imprisonment and fine ; 
P"^i'c officers and all such meat exposed for sale, or kept with intent to 
make sale thereof, may be seized and destroyed by any board 
of health, or health officer, or by any sheriff, deputy-sheriff, 
constable or police officer. 
On sworn com- SECTION 2. When complaiut is made on oath to any police 

plaint of conceal- • , , ^ • t l • j • • • i 

meut for sale, jus- court or magistrate authorized to issue warrants m criminal 
sirrch^wlrrant"^ cascs, that tiic complaiiiaut believes that any meat such as is 
described in the first section is kept or concealed in any par- 
ticular house or place with the intent to sell or offer the same 
for sale, the court or magistrate, if satisfied that there is 
reasonable cause for such belief, shall issue a warrant to 
search for such meat ; and all such warrants shall be directed 
and executed in the maimer provided in the third section of 
the one hundred and seventieth chapter of the General 
Statutes. 
Repeal. SECTION 3. The sccond section of chapter one hundred 

and sixty-six of the General Statutes is hereby repealed. 
Section 4. This act shall take effect upon its passage. 

Approved May 23, 1866. 



1866.— Chapters 254, 255, 256. 243 

An Act in relation to solitary imprisonment in the state Chap. 254 

PRISON. ^' 

Be it enacted, §'e., as follows: 

Section 1. The eighteenth section of chapter one hundred niness of convict 
and seventy-four of the General Statutes is hereby amended, itaryuntu health 
so that, in case of severe iUness of the convict, the warden, ^ '^®^'"*"'^- 
upon the certificate of the physician of the prison, may post- 
pone the solitary imprisonment until the health of the convict 
shall be so far restored, that his life will not be endangered 
by such solitary imprisonment. 

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

Approved May 23, 1866. 



Chaj). 255 



An Act in relation to the appointment of an insurance 
commissioner. 
Be it enacted, SjX., as follows : 

Section 1. The governor, by and with the advice and Governor to ap- 
consent of the council, shall appoint some suitable person to defined. "^"^ 
be insurance commissioner, who shall, unless sooner removed 
by the governor, hold his office for the term of three years 
from the date of his commission and until his successor is 
appointed and qualified. 

Section 2. The insurance commissioner appointed under shaii have funo- 
this act shall have all the powers, and discharge and perform ho^a!' ^'*™°* 
all the duties, now by law vested in and to be performed by 
the present board of insurance commissioners. He shall saiary. 
receive an annual salary of two thousand dollars, which 
shall be in full payment for his services. He may appoint a cierk. 
clerk who shall receive an annual salary of one thousand dol- 
lars ; both of which salaries shall be paid quarterly out of 
the treasury of the Commonwealth. 

Section 3. The present board of insurance commissioners Board abolished, 
is hereby abolished. 

Section 4. This act shall take effect on the first day of 

July next. Approved May 23, 1866. 



Chap. 256 



An Act to authorize the rollin white arms company to 

change its name. 
Be it enacted, &'c., as follows : 

Section 1. The Rollin White Arms Company is hereby May take name 
authorized, upon a vote of three-fourths of its stockholders, co^an".'^™* 
to take the name of the Lowell Arms Company, and no 
rights or liabilities of said corporation shall be affected 
thereby. 

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

Approved May 23, 1866. 



244 



1866.— Chapter 257. 



Chap. 2^1 



May add 81,000,- 
000 to present 
capital. 



Estate and 
machinery. 



May issue S800,- 
000 as preferred 
stock. 



Dividends on 
same. 



Profits, how 
divided. 



Preferred stock, 
how issued. 



Holders may ex- 
change for un- 
preferred stock. 



Corporate name 
and powers of 
company. 



General privi- 
leges and re- 
strictions. 



Act, when to be 
in force. 



An Act to increase the capital stock of the whiffle file 

manufacturing company, and for other purposes. 
Be it enacted, l^c, as follows : 

Section 1. The Whipple File Manufacturing Company, a 
corporation organized in the year eighteen hundred and 
sixty, under the provisions of chapter sixty-one of the Gen- 
eral Statutes, and having a capital stock of five hundred 
thousand dollars, is hereby authorized to add to its capital 
stock an amount not exceeding one million dollars, which 
shall be divided into shares of fifty dollars each ; and may 
hold real estate and machinery necessary and convenient for 
its business, to an amount not exceeding one million dollars. 

Section 2. Said corporation may issue of said additional 
stock, an amount not exceeding eight hundred thousand dol- 
lars as preferred stock, the holders of which shall be entitled 
to a dividend of not exceeding ten per centum forever from 
the first profits, payable semi-annually, and also be entitled 
like the holders of unpreferred stock to vote in the affairs of 
the company. The profits remaining after the above divi- 
dend is provided for, may be divided among the holders of 
the unpreferred stock. Such preferred stock may be issued 
in payment of the debts due from said company or for money, 
and if issued for money, any money received therefor shall 
be applied to the payment of said debts ; and no stock shall 
be issued at less than par value. The holders of preferred 
stock may at any time exchange the preferred stock, share 
for share, for the unpreferred stock, and such exchange being 
effected, the company shall increase the shares of the unpre- 
ferred stock equally with the number of shares so exchanged, 
and the number of shares of preferred stock shall be 
correspondingly reduced. 

Section 3. Said corporation shall be called and known 
hereafter by the name of the "Whipple File and Steel Manu- 
facturing Company, and may manufacture files, steel, cruci- 
bles, fire-brick and other articles used in the manufacture of 
files and steel, and machinery for making files and steel. 

Section 4. Said corporation, its officers and stockholders, 
shall continue to have all the powers and privileges, and 
remain sul)ject to all the duties, restrictions and liabilities 
contained in chapter sixty-one of the General Statutes, except 
as herein provided, and also be subject to all general laws 
whicli now are or may hereafter be in force relating to 
manufacturing corporations. 

Section 5. This act shall take effect when it shall have 
been accepted by three-fourths in interest of the stockholders, 
which acceptance shall be signified by a written instrument 



1866.— Chapters 258, 259, 260, 261. 245 

duly signed by the stockholder or his attorney, and a copy 
thereof properly certified by the president and clerk of the 
corporation filed in the office of the secretary of the 
Commonwealth. Approved May 23, 1866. 

Ak Act in addition to an act for supplying the city of salem (Jhav), 258 

WITH PURE WATER. * ' 

Be it enacted, ^t., as follows: 

Section 1. The city of Salem is hereby authorized to city may con- 
contract for the payment in coin, of the principal and inter- o^'cenafn^Tc^ 
est of the scrip, bonds and certificates of debt, which said ^°^ interest in 
city is authorized to issue, by the twelfth section of chapter 
two hundred and sixty-eight of the acts of the year eighteen 
hundred and sixty-four. 

Section 2. All acts and doings of said city or any officer certain acts of 
thereof, having in contemplation the payment of such princi- mlde^aiiu*^''*" 
pal and interest in coin, are hereby confirmed and declared 
valid to'll intents and purposes. 

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

Approved May 25, 1866. 



TO AN ACT PASSED IN THE YEAR EIGHTEEN Ckcip. 259 
Y-SIX, ENTITLED "AN ACT CONCERNING THE ■* * 



An Act in addition tc 
hundred and sixty- 
MILITIA." 

Be it enacted, Sfc, as follows : 

Section 1. The twenty-seventh section of chapter two cadet companies, 
hundred and nineteen of the acts of the year eighteen hun- gantz^*"^ ™*^ ""^ 
dred and sixty-six, is hereby so far amended, that the non- 
commissioned officers, musicians and privates of cadet com- 
panies may consist of such number as the commander-in-chief 
may direct. 

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

Approved May 26, 1866. 

An Act in relation to evidence in criminal prosecutions. Chap. 260 
Be it enacted, ^'c, as follows: 

In the trial of all indictments, complaints and other pro- Defendant, upon 

J. . , , 1 -.I ,1 • • i» own request, may 

ceedmgs against persons charged with the commission oi be witness: si- 
crimes or offences, the person so charged shall, at his own ]udice° au^. ^'^*' 
request, but not otherwise, be deemed a competent witness ; 
nor shall the neglect or refusal to testify create any presump- 
tion against the defendant. Approved May 26, 1866. 

An Act in addition to an act to establish a state police. Chcip. 261 
Be it enacted, §'c., as follows: 

Section 1. The constable of the Commonwealth shall constable to ap- 

1 •! P°'°* deputies, 

apponit as many deputies as the governor and council may with executive 
direct, having at least two deputies in each of the counties of *pp'°'*'- 



246 1866.— Chapter 262. 

Barnstable, Berkshire, Hampshire, Franklin and Hampden, 
four in each of the counties of Worcester, Middlesex, Essex 
and Norfolk, three in each of the counties of Bristol and 
Plymouth, and thirty in the county of Suffolk. 
Municipal police SECTION 2. It shall be the duty of the constables of the 
•ubies! "'°' several towns and cities of the Commonwealth, city marshals, 
chiefs of police and all other police officers to aid the consta- 
ble of the Commonwealth and his deputies in the discharge 
of their duties, whenever reasonably notified and called upon 
for that purpose, 
state and local SECTION 3. Tliis act, and the act to which this is in addi- 
p^ioe to co-op- ^-^j^^ shall not be construed as releasing the police officers of 
the towns and cities of the Commonwealth from their duty 
to see that all the laws of the Commonwealth are observed 
and enforced ; it being the design of this act and the aforesaid 
act, that all the police officers herein named shall act in har- 
mony and full co-operation, to the end that the la\<|g may be 
executed and crime suppressed. 
Unlawful making SECTION 4. The coustablc of the Commonwealth, his 
tobrsuppres"ed! dcputics and all other police officers, shall use their utmost 
endeavors to repress and prevent other crimes, by the sup- 
pression of all illegal manufacture and sale of intoxicating 
liquors. 
Penalty for false- SECTION 5. Whocver falscly assumcs or pretends to be the 
co^trSe°or° * constable of the Commonwealth, or a deputy of the constable 
deputy. Q^ ^|-jg Commonwealth, and takes upon himself to act as such, 

or to require any person to aid or assist him in a matter per- 
taining to the duty of such officer, shall be punished by 
imprisonment in the jail not exceeding one year, or by fine 
not exceeding four hundred dollars. 

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

Approved May 26, 1866. 
Chap. 262 ^^ -^cx to provide fok the inspection of petroleum oils and 

FLUIDS, AND TO REGULATE THE SALE THEREOF. 

Be it enacted, Sfc, as follows : 

Certain towns SECTION 1. The mayoF and aldermen of any city, or the 
J^tition'^*to"a°p° selectmen of any town, where oils or burning fluids are man- 
point inspectors, ^factm-gd f^Q^ coal Or pctroleum, and upon the petition of 
five or more inhabitants of cities and towns where the same 
are sold but not made, shall appoint annually one or more 
suitable persons, not interested in the sale or manufacture of 
Compensation, said oils or fluids, as inspectors thereof, and fix their compen- 
sation, to be paid by the parties requiring the services of said 
inspectors. 



1866.— Chapter 262. 247 

Section 2. Every inspector, before entering upon the shaii be swom, 
duties of his office, shall be duly sworn, and when called upon te^t 'Sranu*^' 
by any manufacturer, refiner, vendor or purchaser, to test ^^^- 
such oils or fluids, shall do so with all reasonable dispatch, 
by applying the fire test, as indicated and determined by G. 
Tagliabue's pyrometer, or some other instrument equally 
accurate. Upon all casks or packages containing such oils staii brand 
or fluids as he shall inspect, the explosive or igniting point of ^ ^ 
which shall be less than one hundred degrees Fahrenheit, he 
shall distinctly brand or mark " unsafe for illuminating pur- 
poses,''^ with his name, residence and date of inspection ; and 
upon all casks or packages inspected which contain oils or 
fluids the explosive or igniting point of which shall be one 
hundred degrees or over, he shall distinctly brand or mark 
the explosive or igniting point, with his name, residence and 
date of inspection, as aforesaid. 

Section 3. Any inspector guilty of fraud, deceit or cul- Penalty for fraud 

11 T • • i- 1 J- 1-1 n •^ or neglect of m- 

pable neghgence, in inspecting or branding such oils or fluids, specter. 
shall be punished by fine not exceeding five hundred dollars, 
or imprisonment in the county jail or house of correction not 
exceeding six months, or both, in the discretion of the court. 

Section 4. Any person who shall, without authoritv of ?«''«°° ait«ring 

11 • i- 1 1 1 1 brand, ueing 

law, place an inspection brand or mark upon any cask or false one, or 
package containing such oil or fluid, or who shall knowingly rftei°^8pect"ioD^, 
use any cask or package bearing the inspector's brand or ^'°'^^^«- 
mark, without having the oil or fluid contained therein 
inspected, or who shall adulterate or mix such oil or fluid 
after inspection, with intent to sell the same, or who shall 
erase any brand or mark placed thereon by the inspector 
before the oil or fluid is removed therefrom, shall, for each 
offence upon conviction thereof, be liable to the penalties 
provided in the third section of this act. 

Section 5. Any person who shall sell or ofier for sale any seiiing unsafe 
oil or fluid, composed wholly or in part of the product of ^nlung'.'""' 
coal or petroleum, to be burned in a lamp for illuminating 
purposes, or which he has reasonable cause to believe is to be 
so used, which will ignite at a temperature of less than one 
hundred degrees Fahrenheit, as determined by said inspectors 
as aforesaid, shall, for each offence, upon conviction thereof, 
be liable to the penalties provided in the third section of this 
act ; and shall also be liable therefor to any person suffering 
dai^age from such explosion or ignition. 

Approved May 26, 1866. 



248 1866.— Chapters 263, 264. 

Chan. 263 -^^ •^^'^ concerning the board of agriculture and the state 

■* ' ^ CABINET. 

Be it enacted, Sj-c, as follows: 
Board to be over- SECTION 1. The boaid of agriculture shall constitute a 
turai coiiel"*^" board of overseers of the Massachusetts Agricultural College, 
with powers and duties to be defined and fixed by the gover- 
nor and council. But said board of overseers shall have no 
powers granted to control the action of the trustees of said 
college, or to negative their powers and duties, as defined by 
chapter two hundred and twenty of the acts of the year 
eighteen hundred and sixty-three. 
May locate cabi- SECTION 2. The board of agriculture is hereby authorized 
1 rary. ^^ Jocatc the statc agricultural cabinet and library, and to 
hold its meetings in said college. 
President of col- SECTION 3. Tlic president of the agricultural college is 
bo^ard.'"*''" ^^ ** hereby constituted a member, ex officio, of the board of 

agriculture. 
Repeal. SECTION 4. All acts and 'parts of acts inconsistent with 

this act are hereby repealed. 

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

Approved May 26, 1866, 

Chap. 264 ^^ -A^CT for the protection of RIGHTS OF GRANTEES OF THE 
COMMONWEALTH LANDS UPON THE BACK BAY. 

Be it enacted, Sj-c, as follows : 
state having cer- SECTION 1. In all cascs wlicrc thc Commonwealth has or 

tain rights, gran- , ,1 , i • i i • t ^ xi /• ii 

tees under deeds sliall liavc thc right, by its agcuts and at the expense oi the 
commTssfonewon party at fault, to cutcr upon premises and remove or alter 
public lands to r^^^j buildiug or portion thereof, in conformity with the agree- 
ments or stipulations of any deed or deeds given in the name 
of the Commonwealth by the commissioners on the back bay, 
or on public lands, all grantees under such deeds, and their 
legal representatives and assigns, shall have the right, by 
proceedings in equity, to compel the commissioners on public 
lands, for the time being, so to enter and so to remove or 
alter such buildings or portions thereof. 
s-^J^court^to Section 2. The supreme judicial court shall, as a court 

jurisdiction. of cquity, liavc full jurisdiction and power to hear and deter- 
mine all matters and questions arising under this act, and 
full powers to make such orders and decrees as justice and 
equity may require to make the rights thereby granted 
effectual. 
Attorney-general SECTION 3. It shall be tlic duty of the attomey-genQ^al, 
in all proceedings under this act, to appear for the commis- 
sioners and attend to the interests of the Commonwealth. 
Section 4. This act shall take effect upon its passage. 

Approved May 26, 1866. 



to appear. 



1866.— Chapters 265, 266, 267. 249 

Ax Act concerning the medford turnpike corporation. Chap. 265 
Be it enacted, Skc, as follows: 

Section 1. The county commissioners of the county of ^^"'''Lo^r^ut 
Middlesex are hereljy authorized and empowered, on the and estabush aa 
petition of any persons, to lay out and establish as a highway * '"s^way. 
the Medford turnpike, authorized by an act passed March 
second in the year one thousand eight hundred and three, 
entitled " an act for incorporating certain persons for the pur- 
pose of laying out and making a turnpike road from Medford 
to Charlestowu neck, and for supporting the same," and now 
being within the limits of the towns of Medford and Somer- 
ville and the city of Charlestown : provided, however, that Proriso. 
said Medford turnpike corporation shall file with said county 
commissioners their written assent thereto, with a waiver of 
all claim for damages. 

Section 2. Upon the laying out of said turnpike as a Kepaiw. 
highway, said county commissioners shall order said turnpike 
to be put in such a state of repair as the public convenience 
and necessity may require; and they may apportion the Expense of, how 
expense thereof upon the county and towns through which 
said road passes and the city of Charlestown, in the same 
manner as in the laying out and building of highways. 

Section 3. The bridges over the Boston and Maine and ^ai^nancl^Ini 
the Eastern railroads within the limits of said city of Charles- repairs. 
town, shall hereafter, as now, be maintained and kept in 
repair by said railroad corporations. Approved May 26, 1866. 

An Act. concerning tqe boston, hartford and erie railroad Chap. 266 

COMPANY. ■^' 

Be it enacted, §'c., as follows: 

Section 1. The Boston, Hartford and Erie Railroad Com- May maintain 
pany, are hereby empowered to locate, construct and maintain BiacStone" 
a railroad in the town of Blackstone, commencing about three 
hundred and thirty-five feet from the east end of the bridge Location, 
of said company over the Blackstone river, west of the Black- 
stone depot, and extending easterly about six hundred feet to 
the state line between Massachusetts and Rhode Island. 

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

Approved May 26, 1866. 
An Act to incorporate the commercial freight railway Chap. 267 

COMPANY. ^' 

Be it enacted, ^'c, as follows : 

Section 1. Charles Powers, Horace L. Duncklee, Asa M. corporators. 
Cook, their associates and successors, are hereby made a cor- 
poration, under the name of the Commercial Freight Railway 
Company, with all the privileges and subject to all the duties, 

39 



250 



1866.— Chapter 267. 



Privileges and 
restrictions. 



May constmct 
street railway 
in Boston. 



Location. 



Shall be used for 
freight only. 
Rates. 



Contiguous 
steam railroads 
may connect 
with. 



Company may 
enter upon other 
street railways. 



Compensation to 
other companies, 
how determined. 



Capital stock and 
shares. 



Mayor and alder- 
men to regulate 
use of road. 



Act, condition of 
validity. 



liabilities and requirements set forth in the general laws 
which now are or may hereafter be in force relative to street 
railway corporations, as far as they may be applicable. 

Section 2. Said corporation, with the approbation of the 
board of aldermen of the city of Boston, may construct, 
maintain and use a street railway, with suitable turn-outs, 
and single or double tracks, as the board of aldermen of the 
city of Boston may prescribe and direct, the tracks and turn- 
outs to be of such pattern as said board of aldermen shall 
prescribe ; commencing at some convenient point or points, 
at or near the freight stations of the Boston and Lowell Rail- 
road Corporation, in Lowell and Minot Streets in the city 
of Boston, and thence upon and over Lowell, Causeway, 
Commercial Streets to such wharves and warehouses north- 
erly of the southerly side of Union wharf, as said corporation 
shall from time to time determine. Said corporation shall 
use said railway for the transportation of freight only, and 
shall have power to fix such rates of compensation for trans- 
portation of freight as they may from time to time deem 
expedient. 

Section 3. Any steam railroad corporation, by whose 
road said street railway passes, may connect its tracks with 
the same, and it shall be the duty of said Commercial Freight 
Railway Company to receive and deliver freight cars at such 
connection, and haul the same at their established rates. 

Section 4. Said corporation may, within its authorized 
limits and for the purposes by this act authorized, enter upon 
and use any part of any other street railway, and may so 
strengthen and improve such tracks, in the manner said 
board of aldermen may direct, as to make them suitable for 
the transportation of freight. And if the corporations cannot 
agree upon the manner and conditions of such entry and use, 
or the compensation to be paid therefor, the same shall be 
determined in accordance with the provisions of chapter two 
hundred and twenty-nine, section twenty-nine, of the acts of 
the year eighteen hundred and sixty-four. 

Section 5. The capital stock of said company shall not 
exceed one hundred thousand dollars,- divided into shares of 
one hundred dollars each. 

Section 6. The mayor and aldermen of the city of Boston 
shall have full power to regulate the manner and time of 
running cars on said railroad. 

Section 7. This act shall not take effect unless accepted 
by the city council of Boston, within the present year. 

Approved May 26, 1866. 



1866.— Chapters 268, 269. 251 

An Act to incorporate the Plymouth steam-boat company. Chap, 268 
Be it enacted, Sec, as follows : 

Section 1. Charles G. Davis, Samuel H. Doten, Oliver corporators. 
Edes, their associates and successors, are hereby made a cor- 
poration, by the name of the Plymouth Steam-boat Company, 
for the purpose of engaging in the business of transporting Purpose, 
passengers and freight and towing vessels, between Boston 
and Plymouth and in the waters of Massachusetts bay ; with Privileges and 
all the rights 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 applicable to such 
corporations. 

Section 2. Said company is hereby authorized and May hoid and 
empowered to purchase, hold, sell and convey, hire and vessels for traas- 
employ, one or more steam vessels, with such apparatus and towing?'^ ^""^ 
appendages as may be found necessary for steam navigation 
and the transportation of passengers and merchandise and 
for towing vessels, in the waters aforesaid. 

Section 3. The capital stock of said corporation shall not capital stock and 
exceed fifty thousand dollars, to be fixed by said corporation, 
and shall be divided into shares of the par value of one hun- 
dred dollars each ; and said corporation shall have power to 
assess, from time to time, upon said shares, such sums as 
may he deemed necessary to accomplish the object of said 
corporation, not exceeding the par value of such shares. 

Section 4. If the said company shall not within one year Act void unless 

» ,1 . /» ^1 • 11 • 1 11 company shall be 

irom the passing ot this act, have been organized, and have organized and 
laid and collected an assessment or assessments to the amount wTthio^yelr!^^' 
of twenty per cent, upon the capital stock, and shall not 
within one year from the date of the passage of this act have 
placed and employed on the aforesaid route at least one 
steamer, then this act shall become null any void. 

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

Approved May 26, 1866. 

An Act in relation to the trustees of the haverhill con. Chap. 269 

GREGATIONAL MINISTERIAL FUND. 

Be it enacted, Sj'c, as follows: 

Section 1. When the first parish in Haverhill may not ^ay employ m- 
have a regular, settled minister, the trustees of the Haverhill of temporary 
Congregational Ministerial Fund may apply the income or ™"''^'"' 
interest of said fund to the support of the minister employed 
by said first parish for the time being; and said income or Treasurer to dis- 
interest may be placed in the hands of the treasurer of said 
parish to be used for that purpose, if said parish, at a legal 
meeting holden therefor, shall so direct. 



Compensation. 



252 1866.— Chapters 270, 271. 

Repeal. 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 26, 1866. 

Chap. 270 -A-N Act to provide for the payment of the militia for services 
performed at the annual inspection in may in the year one 
thousand eight hundred and sixty-five. 

Be it enacted, Sfc, as follows : 

Section 1. All officers and soldiers of the Massachusetts 
volunteer militia who, on the first Wednesday in May in the 
year eighteen hundred and sixty-five, paraded by companies 
for inspection, company drill and manoeuvre, and did actually 
perform the duty of inspection, company drill and manoeuvre, 
shall receive a compensation therefor, at the rates provided 
for " fall encampment," in section one hundred and forty-five 
of chapter two hundred and thirty-eight of the acts of the 
year eighteen hundred and sixty-four : provided, that no 
compensation shall be paid to any able-bodied officer or 
soldier who, at his own request, shall be discharged from 
service in the volunteer militia previous to January first in 
the year one thousand eight hundred and sixty-seven. 

Section 2. Returns to the adjutant-general of the per- 
formance of the said duty, and the mode of payment for the 
same, shall be made in the manner now prescribed by law for 
May inspection. 

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

Approved May 28, 1866. 

An Act in relation to boards of health. 

Be it enacted, Sfc, as follows : 

Section 1. Boards of health in the several cities and 
towns in this Commonwealth, may appoint an agent or 
agents to act for them, respectively, in cases of emergency, or 
"when such board cannot be conveniently assembled ; and 
such agent so appointed shall have and may exercise all the 
authority which the board of health appointing him had ; 
Agent to report but lic sliall, witliiu two days, report his action in each case 
to the board of health for their approval, and shall be 
directly responsible to and under the control and direction of 
the board of health from which he received such appointment. 
Section 2. This act shall take effect upon its passage. 

Approved May 28, 1866. 



Proviso. 



Returns to adju- 
tant-general. 



Chap. 211 



May appoint 
agents to act 
for board. 



for approval. 



1866.— Chapters 272, 273. • 253 

An Act in relation to state and other paupers. Chap. 272 

Be it enacted, ^'c, as follows : 

Section 1. The provisions of sections four and twenty- Liabmty of party 
five of chapter seventy-one of the General Statutes are er"uito°state^'^° 
hereby extended and made applicable to any corporation or 
party by whose means any person not having a settlement in 
this Commonwealth is brought into the state. 

Section 2. Any corporation which brings into this Com- corporation do- 
monwealth, or by whose means or at whose instigation any labor, shaii gwe 
person is brought into the same, for the purpose of perform- ^°°'^' 
ing labor for such corporation, if such person has no settle- 
ment in this Commonwealth, shall give a bond to the Com- 
monwealth, to be delivered to the superintendent of alien 
passengers, in a sum of three hundred dollars, conditioned 
that neither such person nor any one legally dependent on 
such person for support, shall within two years become a city, 
town or state charge. Approved May 28, 18G6. 



Chap. 273 



An Act in relation to the employment of children in man- 
ufacturing establishments. 
Be it enacted, Sfc, as follows : 

Section 1. No child under the age of ten years shall be chiid under lo 
employed in any manufacturing establishment within this and" under°'i4,' 
Commonwealth, and no child between the age of ten and g/lmonthsschwi 
fourteen years shall be so employed, unless he has attended ^^^'''y- 
some public or private day school under teachers approved 
by the school committee of the place in which such school is 
kept, at least six months during the year nest preceding 
such employment ; nor shall such employment continue 
unless such child shall attend school at least six months in 
each and every year. 

Section 2. The owner, agent or superintendent of any Penalty for vio- 
manufacturing establishment, who knowingly employs a child uon5 ^"' ^^''' 
in violation of the preceding section shall forfeit a sum not 
exceeding fifty dollars for each offence. 

Section 3. No child under the age of fourteen years shall chiid not to labor 
be employed in any manufacturing establishment within this one day. 
Commonwealth, more than eight hours in any one day. 

Section 4. Any parent or guardian who allows or con- "Parent or guar- 
sents to the employment of a child in violation of the first firs?seJti°on"°^ 
section of this act, shall forfeit a sum not exceeding fifty 
dollars for each offence. 

Section 5. The governor, with the advice and consent of Governor may in- 
the council, may, at his discretion, instruct the constable of o/'state°a8* to^ 
the Commonwealth and his deputies, to enforce the provisions ^^^^' 
of chapter forty-two of the General Statutes, and all other 



Chap. 275 



Hal stock. 



254 1866.— Chapters 274, 275, 276. 

laws regulating the employment of children in mannfacturing 
establishments, and to prosecute all violations of the same. 

Approved May 28, 1866. 

Chap. 214c An Act in relation to juvenile convicts in the united states 

COURTS. 

Be it enacted, Sfc, as follows: 
Commitments to ^\\Q provisious of the scvcral acts respecting the state 
tewTto apply*!" ' reform school for boys, including the nautical branch thereof, 
shall extend to boys committed by authority of the courts or 
magistrates of the United States. Approved May 28, 1866. 

An Act in addition to an act to incorporate the proprietors 
OF the upper locks and canals on Connecticut river in the 

county of HAMPSHIRE, AND TO ACTS AMENDATORY THEREOF. 

Be it enacted, §'c., as follows : 
Name changed to SECTION 1. The corporatiou heretofore known as the 
com^any.*^*"^ " Proprietors of the Upper Locks and Canals on Connecticut 
River in the county of Hampshire," shall hereafter be known 
as the Turner's Falls Company. 
May increase cap- SECTION 2. Said corporatiou is hereby authorized to in- 
crease its capital stock to an amount not exceeding one 
million dollars, to be divided into shares of one hundred 
dollars each ; and shall have all the powers and privileges, 
and be subject to all the duties, restrictions and liabilities set 
forth in the -general laws which now are or may hereafter be 
in force relating to manufacturing corporations. 
May hold and SECTION 3. Said corporatioii may purchase, hold, improve, 
reai'esfeiter''^"^ Icaso, scll or othcrwise dispose of such real estate as is neces- 
sary and convenient for its business, to an amount not 
exceeding one million dollars in value. 
Shall build and SECTION 4. It sliall bc the duty of the said corporation to 
wrysl^TOvfd^d build and maintain a suitable fish way or fish ways for the 
Holyok^^' ** passage of salmon and shad over any dam or dams which 
now are or hereafter may be built or maintained by said 
corporation upon the Connecticut River ; but the said corpo- 
ration shall not be required to build the same so long as no 
fishway shall exist for the passage of said fish over the dam 
at Holyoke. 
Meetings, how SECTION 5. At all mcctiugs of said corporation voting 
shall be conducted according to the mode prescribed by the 
General Statutes. Approved May 28, 1866. 

An Act to incorporate the nf.w Bedford and fairhaven 
railway company. 
Be it enacted, §'c., as follows : 
Corporators. SECTION 1. Charlcs B. Phillips, William H. Kent, George 

B. Armstrong, their associates and successors, are hereby 



conducted. 



Chap. 276 



1866.— Chapter 277. 255 

made a corporation, by the name of the New Bedford and Titie. 
Fairhaven Railway Company, with power to construct, main- 
tain and operate a railway, on and over any street or streets Location: streets 
in said city of New Bedford and in the town of Fairhaven, and^FaTAayfn."* 
and connect the same on any route or routes, with the right 
to cross on and over the present bridge-road connecting the Bridge corpora- 
said two places, with such line of said railway as said com- "°° '° ^°^®°'" 
pany may see fit, said railway company first having obtained 
the assent of the New Bedford Bridge Corporation so to do ; 
with all the powers and privileges, and subject to all the Privileges and 
duties, restrictions and liabilities set forth in all general laws "^'"<="*""- 
which now are or may hereafter be in force relative to street 
railway corporations : provided^ hoicever, that said city and Proviso, 
town, respectively, are hereby authorized and empowered to 
contract with said railway corporation concerning the con- 
struction, maintenance and operation of said railway, upon 
such terms as they may respectively agree with said railway 
corporation, any laws now existing to the contrary notwith- 
standing. 

Section 2. The capital stock of said corporation shall be capital stock. 
three hundred and fifty thousand dollars, to be divided into 
shares of one hundred dollars each. 

Section 3. Said railway company or corporation shall ^^ay make mies 

1 1 n 1 1 1 1 • for corporate 

have power to make all such rules and regulations as may be government. 
necessary or that they may deem fit and proper for their own 
regulation and government, not inconsistent herewith. 
Section 4. This act shall take effect upon its passage. 

Approved May 28, 1866. 

An Act to incokporate the national cotton-gin company. Chan. 277 
Be it enacted^ Sfc, as follows : 

Section 1. John B. Taft, Thomas C. Craven and Ezekiel corporators. 
R. Sawin, their associates and successors, are hereby made a 
corporation, by the name of the National Cotton-Gin Com- 
pany, for the purpose of manufacturing cotton-gins and gin- Purpose, 
saws, and holding patents for machinery and dealing there- 
with ; and for this purpose shall have all the powers and Privileges and 
privileges, and be subject to all the duties, restrictions and ''^^'"'"'°°'- 
liabilities set forth in all general laws which are or may be 
in force relating to manufacturing corporations. 

Section 2. Said corporation shall have its place of busi- counting office to 
ness in the city of Boston, and may establish its manufactory ^* '° ^*****"*' 
in any town in the Commonwealth ; and for this purpose may Estate, capital 
hold real estate to an amount not exceeding fifty thousand *°'^^''"'**- 
dollars : and the whole capital stock shall not exceed three 



256 



1866.— Chapter 278. 



hundred thousand dollars, divided into shares of one hundred 
dollars each. 
Section 3. This act shall take effect upon its passage. 

Approved May 28, 1866. 

Chat). 278 -^^ -^^^ concerning the boston and WORCESTER RAILROAD COR- 
■* ' PORATION, BOSTON, HARTFORD AND ERIE RAILROAD COMPANY, 

EAST BOSTON FREIGHT RAILROAD COMPANY, AND OTHER CORPO- 
RATIONS. 



BostOD and Wor- 
cester Co. may 
hold and use cer- 
tain lands, 
wharves and 
docks in East 
Boston. 



Any railroad 
corporation may 
unite with Bos- 
ton and Worces- 
ter Company in 
the purchase of 
other roads, &c. 



Corporations 
purchasing to 
afford certain 
other companies 
forwarding facil- 
ities. 



Be it enacted, Sfc., as follows : 

Section 1. The Boston and Worcester Railroad Corpora- 
tion is hereby authorized to purchase, hold, maintain, use 
and improve certain lands, wharves, docks and flats in East 
Boston, conveyed by the Grand Junction Railroad and Depot 
Company to Robert G. Shaw, Franklin Haven and Ichabod 
Goodwin, trustees, by deed dated the first day of July in the 
year eighteen hundred and fifty, recorded with Suffolk deeds, 
book six hundred and fourteen, page twenty-three, and also 
all the railroads, property, rights and franchises of the Grand 
Junction Railroad and Depot Company, of the Union Railroad 
Company, or of the East Boston Freight Railroad Company, 
and all or any part or parts thereof. 

Section 2. Any other railroad corporation shall have the 
right, within three years after the passage of this act, to unite 
with the said Boston and Worcester Railroad Corporation, in 
purchasing the railroad of the Grand Junction Railroad and 
Depot Company, of the Union Railroad Company or the 
East Boston Freight Railroad Company, between the lands 
conveyed as aforesaid and the main road of said Boston and 
Worcester Railroad Corporation, or at the option of such 
other corporation, or corporations, that portion thereof lying 
northerly of the Fitchburg Railroad, and the location and 
franchises thereof, on equal terms, and with equal rights, 
interests and liabilities, on paying an equal share of the cost 
thereof, or to have a conveyance and transfer of an equal and 
undivided interest therein, if purchased by said Boston and 
Worcester Railroad Corporation alone, on paying to said last 
named corporation an equal share of all the costs thereof, 
and of all expenses incurred therefor and thereon by said last 
named corporation, including the judgment, award and 
claims mentioned in this act, prior to such conveyance and 
transfer. Any one or more corporations purchasing, holding 
and using the said railroad, or any part thereof, authorized 
by this act to be purchased or taken, shall afford to the 
Boston and Maine, Fitchburg, Eastern, Boston and Worcester 
and Boston and Lowell Railroad Companies and corporations, 
and also to any other railroad corporation which has been or 



1866.— Chapter 278. 257 

shall be hereafter authorized bj law to connect its railroad 
with any railroad authorized to be purchased or taken by this 
act, all reasonable facilities for a reasonable toll or compensa- 
tion, in receiving, forwarding, drawing and delivering mer- 
chandise and cars to, upon, over and from the same, without 
any preference, prejudice or disadvantage to any corporation ; 
and the supreme judicial court may hear and determine in 
equity complaints by any corporation of any violation of the 
provisions of this section, and may from time to time appoint 
commissioners to determine as to the tolls and compensation 
to be paid under such provisions. 

Section 3. If the said Boston and Worcester Railroad Boston and wor- 
Corporation shall not, at the expiration of three months no^purch'aTing'in 
from the passage of this act, have made the purchases therein ^ay^ tebe'^'fran. 
authorized, then said corporation, at any time within six ^^TA °f^^°'<"i 
months alter its passage, is hereby autliorized and empowered, tion, and prop- 
to take, and after such taking permanently to enjoy, main- "h^r comprnfJs" 
tain, use, occupy and control the railroad property heretofore ^^ road. °^*"*' 
known as the Union Railroad and Grand Junction Railroad, 
including all the franchises, locations, lands and material 
thereto belonging and appertaining thereto and to the Union 
Railroad Company, Grand Junction Railroad and Depot 
Company, or to the East Boston Freight Railroad Company, 
and to locate, construct and maintain a railroad thereupon, 
commencing at the main road of said Boston and Worcester Location. 
Railroad Corporation, in Brookline, and crossing Charles 
River to the easterly terminus of the Union Railroad afore- 
said, and thence to, upon and over the location of the railroad 
of the Grand Junction Railroad and Depot Company, or of 
the East Boston Freight Railroad Company, to the junction 
of the last named railroad with the Boston and Maine Rail- 
road near the Mystic River, and to the easterly side of said 
last named railroad ; thence across said river and on or 
adjoining any location either of the Grand Junction Railroad 
and Depot Company, or of the East Boston Freight Railroad 
Company, or of the Eastern Railroad Company, to and across 
the Salem turnpike, and across the Chelsea Creek, in Chelsea; 
thence upon and over any intervening lands, to whomsoever 
belonging, to and over said lands in East Boston, conveyed 
to said Shaw and others as aforesaid, to the commissioners' 
line, so called, of Boston Harbor; and for this purpose. May take land 
within the limits authorized by this act, may take, hold, ^""^ '"'"*""''• 
enjoy and use, land and materials, in the manner, within the 
limits, and to the extent provided by the general laws of this 
Commonwealth, in regard to railroads ; including as afore- 
said the railroads, lands, locations and franchises of the 

40 



258 



1866.— Chapter 278. 



Location in 
Srookline. 



ProTiso. 



Persons and cor- 
porations may 
sell lands and 
property. 



Boston, Hartford 
and Erie Compa- 
ny may construct 
railroad; location 
defined. 



Union Railroad Company, the Grand Junction Railroad and 
Depot Company, and the East Boston Freight Railroad Com- 
pany. In locating said railroad, the same may be commenced 
at such point in Brookline, and such additional lands outside 
of the location of the aforesaid Union Railroad may be taken 
between the main road of said Boston and Worcester Railroad 
Corporation and Charles River, as said corporation may deem 
expedient. And provided, that nothing contained in this act 
shall authorize them or any other corporation to interfere 
with any part of the location, franchises or rights of the 
Eastern Railroad Company without their consent in writing, 
or to take lands or property of the Fitchburg Railroad Com- 
pany or Boston and Lowell Railroad Corporation not within 
the limits of the location of the Grand Junction Railroad 
and Depot Company or the East Boston Freight Railroad 
Company, without consent in writing of such corporation. 

Section 4. Any person or corporation having any interest, 
right or title in or to any lands, railroads, property or fran- 
chises hereby authorized to be purchased or taken, is hereby 
authorized and empowered to sell and convey, assign and 
transfer the same, as aforesaid, and any person holding the 
same, or any part thereof, in trust, may be authorized by the 
supreme judicial court to release and discharge, upon such 
terms and conditions as may appear proper, any vested, con- 
tingent or possible right or interest belonging to the persons 
or estates by such persons represented in or to the same, if it 
shall appear to the court to be for the benefit of or to be 
assented to by the persons or estates in trust. 

Section 5. The Boston, Hartford and Erie Railroad Com- 
pany is hereby empowered to construct a railroad with one or 
more tracks, as follows : — diverging from its chartered line 
at some convenient point in Newton or Brighton, thence 
through the northerly part of Brookline, crossing into the 
limits of Cambridge over the railroad of the Boston and 
Worcester Railroad Corporation only by a bridge, to be built 
in accordance with the provisions of section two of the four 
hundredth chapter of the acts of the year eighteen hundred 
and fifty-five, thence across Charles river by a bridge, to be 
built in accordance with the provisions of section three of 
said chapter, thence upon or near to, on the northerly side of 
the location of the railroad of the Union Railroad Company, 
or of the Grand Junction Railroad and Depot Company, or 
of the East Boston Freight Railroad Company to the char- 
tered line of said Boston, Hartford and Erie Railroad Com- 
pany in Somerville, near to the crossing of the railroad of the 
Fitchburg Railroad Company: provided, thsit for this purpose 



1866.— Chapter 278. 259 

no more of the location of the raHroads of said Union Rail- 
road Company, said Grand Junction Railroad and Depot 
Company, or of said East Boston Freight Railroad Company, 
shall be taken, than is sufficient for one track, on the 
northerly portion thereof, nor in any event so much thereof 
as to interfere with the convenient construction and use of 
one track not less than twenty feet in width thereon by the 
Boston and Worcester Railroad Corporation, and that said 
last named corporation shall have all the riglits and remedies 
given by the general laws of this Commonwealth in relation 
to railroads, in regard to any damage or injury to their 
rights, property or interests, occasioned by anything by this 
act authorized to be done by said Boston, Hartford and Erie 
Railroad Company. And in estimating the damages to be Damages, how 

6sti[iia.ted 

paid by the said railroad company to the Boston and Wor- 
cester Railroad Corporation, the estimate shall be made upon 
the whole cost of or on the Union Railroad to the said Boston 
and Worcester Railroad Corporation. 

Section 6. The powers siven to said Boston, Hartford i;imita«on of 

L G ^ 7 time for con- 

and Erie Railroad Company, by this act, shall be void, unless struction. 
the road which they are hereby empowered to construct is 
located within two years, and is constructed within four 
years, from the passage of this act. 

Section 7. In the exercise of the powers granted by this R'ght^ ««* re>n- 

. . , . , ^ " . •' , edies of persons 

act, said corporations and any person or corporation who and corporations 
shall sustain any damage in their property, shall have all the Sa^gela prop- 
rights, privileges and remedies, and be subject to all the ^'''y- 
duties, liabilities and restrictions provided by the general 
laws of this Commonwealth in the like case, and so far as the 
East Boston Freight Railroad Company is concerned, said 
rights, privileges, remedies, duties, liabilities and restrictions 
may be exercised and enforced in Middlesex county, and the 
county commissioners thereof shall have the same powers as 
if said railroads and locations hereby authorized to be taken 
were wholly within said county, and for that purpose the 
powers of said county commissioners are extended into the 
counties of Norfolk and Suffolk. And if the Boston and Boston and wor- 
W^orcester Railroad Corporation shall take, under and by taking paTono^- 
virtue of this act, any portion of the location of the Union or ofcrand Junc"^ 
Grand Junction Railroads, the Grand Junction Railroad and j'^^^yg'^^ ^^^^ 
Depot Company, or the East Boston Freight Railroad Com- road and Depot 
pany, shall be entitled to the same amount of damages as if Freight compa"^ 
all of their legal title and interest in and to the whole of said "^^^^^J^^^^ *^ 
locations had been so taken, subject always to just allowances 
and deductions for any valid lien or claim thereon, or right 
thereto of or in any other person or corporation ; but no 



260 



1866.— Chapter 278. 



Right or remedy 
of Fitchburg 
Railroad Compa- 
ny not impaired. 



Claim on Grand 
Junction Rail- 
road and Depot 
Company for 
damages, remedy 
of other party, 
and rights of 
Boston and Wor- 
cester Railroad 
Company under 
mortgage of 
Union road, not 
to be impaired, 
except, &c. 



Proviso. 



Act, how to be 
conetrued. 



right or remedy which the Fitchburg Raih-oad Company now 
have under the provisions of chapter two hundred and ninety- 
six of the statutes of the year eighteen hundred and fifty-six, 
and chapter one hundred and twenty-eight of the statutes of 
the year eighteen hundred and fifty-seven, shall be in any 
way impaired by this act, but said Fitchburg Railroad Cor- 
poration shall have the right to obtain an injunction to 
prevent the using or running by the Boston and Worcester 
Railroad Corporation, or any other corporation except for 
construction and repairs of any part of the railroad hereby 
authorized to be purchased or taken or constructed by them, 
lying in Somerville, until the judgment recovered by said 
Fitchburg Railroad Company against the Grand Junction 
Railroad and Depot Company, under said acts, and the award 
to said Fitchburg Railroad Company against said company 
for land damages, with interest thereon, shall be paid. 

Section 8. No claim of any person or corporation against 
said Grand Junction Railroad and Depot Company for land 
damages, and no remedy that any person or corporation may 
now have to enforce such claim shall be impaired by this act, 
nor shall any rights which the Boston and Worcester Rail- 
road Corporation now have under any mortgage on the rail- 
road known as the Union Railroad, except as against the 
judgment and claims of the Fitchburg Railroad Company, 
Newell Bent, Newell Bent, trustee, and Joseph Porter and 
another, or which the Mystic River Railroad Company have 
under section two of chapter fifty-four of the acts of the year 
eighteen hundred and sixty-four, be diminished or impaired 
by this act : provided, that if said railroads are taken as 
aforesaid all persons whose lands or other property have been 
taken for the purposes of the road known as the Union Rail- 
road, shall be allowed one year from the passage of this act, 
within which to apply to the county commissioners to estimate 
their damages, notwithstanding that the time for making 
such applications may have expired under existing or previous 
provisions of law, subject, however, to the rights of the 
Boston and Worcester Railroad Corporation, under their 
said mortgage of said road. 

Section 9. Nothing contained in this act shall be so con- 
strued as to permit the party or parties purchasing or con- 
structing said road herein authorized, to apply to the supreme 
judicial court to appoint commissioners under the provisions 
of the statutes of the Commonwealth or to use other roads 
under the same, except as hereby specially provided. 

Section 10. This act shall take effect upon its passage. 

Approved May 28, 1866. 



1866.— Chapter 279. 261 

An Act to establish the municipal court op the city of Chap. 279 

BOSTON. 

Be it enacted, tVc, an follows : 

Section 1. There shall be established a court to be called ^"^'^^ur'^^^^cuo^ 
the Miiuicipal Court of the city of Boston, which shall have defined. 
the same powers and jurisdiction in all actions and proceed- 
ings at law, whether civil or criminal, as the police court of 
the city of Boston now has, except as hereinafter provided. 

Section 2. All cases pending at the time this act shall p°„^f„g°cj^e'g ,n 
take full effect, whether civil or criminal, in the police court to be transferred. 
of the city of Boston, shall be transferred to and have day in 
the proper day and term of the municipal court of the city 
of Boston ; and all writs, processes, complaints, petitions and 
proceedings whatever, which are made returnable or to be 
entered in said police court, shall be returnable to, entered 
and have day in the projter day and term of said municipal 
court: and all judicial writs and processes and copies founded trsu'jferse'dr"'' 
upon the records of said police court, shall issue under the 
seal of the said municipal court, in like manner, and to the 
same effect, as the same might have issued from the said 
police court if this act had not been passed ; and all writs Returns, how 
and processes may be made returnable to the several days 
and terms of said police court now established by law, till 
this act shall take full effect, and then all such writs and 
processes shall be made returnable to the days and terms 
herein established. 

Section 3. The records of the said police court of the Records, Pouce 
city of Boston shall remain in the custody of the clerks of ^'^'^'^^' 
the said municipal court of the city of Boston. 

Section 4. There shall be appointed, commissioned and Justices, munici- 
qualified, agreeably to the constitution, three suitable persons ed.' "''^p^""* 
as justices of the municipal court of the city of Boston, one 
of whom shall be appointed, commissioned and qualified as 
chief justice thereof: and as vacancies occur, they shall be 
filled by appointment in the same manner. The chief justice salaries. 
and each of the associate justices of said court shall receive 
an annual salary of three thousand dollars, and at the same 
rate for any part of a year, to be paid quarterly from the 
treasury of the Commonwealth, which shall be in full for all 
services rendered by them as justices of said court, or other- 
wise ex ojficiis. 

Section 5. The clerks and assistant-clerks of the police cierks of poiice 
court of the city of Boston, now in office, shall be clerks and of^MuSai""* 
assistant-clerks of the municipal court of the city of Boston, court. 
until their successors are chosen and qualified ; and they 
shall have the same powers and duties and receive the same 
compensation they now have and receive. 



262 



1866.— Chapter 279. 



Election of clerks 
Municipal Court. 



Tenures. 



Vacancies, how 
filled. 



Salaries. 



Assistants for 
criminal busi- 
ness. 



Functions of 
clerks. 



Moneys, how 
disposed. 



Qualification of 
clerks and assist- 
ants. 



No justice or 
clerk to be 
counsel. 



Jurisdiction of 
court in criminal 
cases. 



Justices to cer- 
tify costs and ac- 
couats quart«rly . 



Section 6. At the annual state election in the year 
eighteen hundred and sixty-six, and every fifth year there- 
after, there shall be elected in tlie city of Boston two clerks 
of the said municipal court, one clerk for the criminal and 
one for the civil business of said court, to hold their offices 
from the first Monday of January following, and until their 
successors are chosen and qualified. If a vacancy occurs in 
the office of clerk, the justices of said court, or a majority 
of them, may appoint a clerk, who shall hold the office until 
another, at the next or any succeeding municipal election in 
said city, shall be chosen and qualified for the remainder of 
the term. The clerk for the criminal business shall receive 
an annual salary of twenty-five hundred dollars ; and the 
clerk for the civil business shall receive an annual salary of 
two thousand dollars. The clerk for criminal business may, 
subject to the approval of the justices of said court, or a 
majority of them, appoint three assistant-clerks, who shall be 
removable at his pleasure, and for whose doings he shall be 
responsible, and who shall receive the same salaries now 
provided by law for the second, third and fourth assistant- 
clerks of said police court. Said clerks and assistant-clerks 
of said municipal court shall have the same powers and 
duties, and have their salaries paid or retained in the same 
manner now provided by law for the clerk and assistant-clerks 
of said police court ; and all fines, penalties, forfeitures and 
costs, now paid or accounted for by the officers of said police 
court, shall be paid over and accounted for to the same 
officers, and in the same manner, by the officers of said 
municipal court. All the said clerks and assistant-clerks of 
said municipal court, shall be qualified and give bond in the 
same manner and amount, as is now provided by law for the 
clerk and assistant-clerks of said police court. 

Section 7. No justice, clerk or assistant-clerk of the 
municipal court hereby established, shall be retained or 
employed as counsel or attorney in any writ, complaint or 
proceeding, returnable to or pending in said court, nor in 
any suit which has been examined or tried therein. 

Section 8. The said municipal court of the city of Bos- 
ton, and the justices thereof, shall have the same powers and 
jurisdiction as the said police court of tlie city of Boston, or 
the justices thereof, now have in all matters relating to 
crimes and offences, and in receiving complaints and issuing 
warrants ; and when the court is not in session, any justice 
thereof may receive complaints and issue warrants : and the 
justices of said court shall meet quarter yearly, and as much 
oftener as may be necessary, to allow bills of costs, accounts, 



1866.— Chapter 279. 263 

charges and expenses arising in said court, and shall certify 
to the public officer by whom the same are payable, such as 
are allowed by them. 

Section 9. The said municipal court shall have the same Jurisdiction in 
jurisdiction as the said police court now has in all civil 
actions and proceedings, and shall also have exclusive 
original jurisdiction in tlie county of Suffolk, in all personal 
actions which by existing laws may be made returnable 
therein, wherein the debt or damages demanded, or property 
replevied, does not exceed in value twenty dollars, and have 
original concurrent jurisdiction with the superior court in all 
cases where the debt or damages demanded or property 
replevied does not exceed in value three hundred dollars ; 
and all writs or processes may run into and be served in any 
county : provided, however, nothing herein contained shall Proviso, 
be construed to take away the existing jurisdiction of the 
police court of the city of Chelsea. 

Section 10. The said municipal court shall have power May establish 
to establish a seal for said court, and the same power to issue officera,^make 
all writs and processes, and to appoint all officers that may ''"'''^' ^^- 
be necessary for the transaction of the business of the court, 
which the said police court now has ; which writs and pro- 
cesses may run into any county : and said court may from 
time to time make rules for regulating the practice and 
conducting the business therein in all cases not expressly 
provided for by law. 

Section 11. The said municipal court shall be held for court for crimi- 

1 , • 1 /» ii • i- T •! i_ nal business to 

crnumal business by one or more oi the justices daily, except be held daily. 
on Sundays or legal holidays, in the forenoon, at nine o'clock, 
and in the afternoon, except on Saturday, at three o'clock, 
or some hour thereafter : it may be held on Saturday after- 
noons if it appears expedient to any of the justices. The civii business. 
court shall be held for civil business by one or more of the 
justices, weekly: each term shall commence on Saturday, Terms of court. 
and actions therein may be continued to any future day fixed 
for the sitting of the court : different justices may hold sessions, 
different sessions at the same time for the trial of civil or 
criminal cases. 

Section 12. A party aggrieved by the judgment of said Appeals to supe- 

. . -, J. 1 .L J.1 K ^ . , rior Court. 

municipal court may appeal to the superior court : such 
appeals shall be had, entered, conducted and disposed of in 
all respects as appeals now are from the police court of the 
city of Boston. 

Section 13. All laws establishing the police court of the Repeal of laws 

•j. c Tt L •• ••Ti'j • ^ 1 j_ establishing and 

City 01 ijoston, or giving jurisdiction to said court, except so relating to Pouce 
far as may be necessary that the same should be supported ^c"""'' ^^"^^^^ 



in force. 



Chap. 280 



264 1866.— Chapter 280. 

for the purposes of tins act, and all acts and parts of acts 
inconsistent with the provisons of this act, are hereby 
repealed from the day this act shall take full effect ; and if 
upon said day any term of said police court shall be in 
session, or shall have been adjourned to a future day, the 
remainder of said term may be held by a justice of said 
municipal court. 
Act, when to be SECTION 14. This act shall take effect, so far as the 
appointing, commissioning and qualifying the justices of said 
municipal court are concerned, on the first day of June next ; 
and it shall take full effect on the second day of July next. 

Approved May 29, 1866. 

An Act in regard to the sentence of criminals. 

Be it enacted, §'c., as follows : 

Upon first con- SECTION 1. When it is provided by law that an offender 

maybeeuher^fine shall be punislicd by a fine and imprisonment in the jail, or 

or imprisonment, j^y ^ fine aud imprisonment in the house of correction, such 

offender may, at the discretion of the court, be sentenced to 

be punished by such imprisonment without the fine, or by 

such fine without the imprisonment, in all cases where the 

offender shall prove or show to the satisfaction of the court 

that he has not before been convicted of a similar offence. 

Supreme or supe- SECTION 2. Tlic suprcmc judicial court, or superior court, 

8e*'nd^t°o"any°"'^ holdcu iu any county in the Commonwealth, may commit 

county; officer to rjiWj persou uudcr scutence to the house of correction in any 

county in the Commonwealth, in the same manner as such 

person might be committed in the county where the court is 

so holden. And the master of the house of correction where 

such person shall be so ordered to be committed, shall receive 

and detain such person in the same manner as if committed 

by the court sitting in the county where said house of cor- 

Convicts commit- rcctiou is situatcd. And there shall be paid to the county in 

ted out of coun- ^jijch Said liousc of corrcctiou is situated, by the county from 

ty, expenses of i p f> i 

support, how which such person is sentenced, for the support oi such per- 
'''" ■ son, such sum as shall be agreed upon by the county commis- 

sioners of said counties ; and in case said commissioners shall 
not be able to agree upon the amount to be paid, representa- 
tion of the facts may be made to the superior court sitting 
in either of said counties, and the amount to be paid shall 
be determined by said court. 
Convict under SECTION 3. Wliocver is couvictcd of any offence set forth 
punish^ed. ^""^ "^ ^^^® eighty-seventh chapter'^of the General Statutes, shall 
be punished by a fine of not less than fifty dollars nor more 
than one hundred dollars, and imprisoned in the house of 
correction not less than three nor more than twelve months, 
except as is provided in the first section of this act. 



- t'A-v-'VT,— 



^?\» 



1866.— Chapters 281, 282. 265 

Section 4. All acts and parts of acts inconsistent with ^v^ai. 
this act are hereby repealed. 

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

Approved May 29, 1866. 
An Act to confirm the election of moderator, and other Q]i(jp^ 281 

DOINGS of the town OF WEST ROXBURY. ^ 

Be it enacted, ^'c, as folloics : 

Section 1. The election of moderator, and the several J^^^'^g^^^j^* ^"^f,- 
votes passed at a meeting of the inhabitants of the town of '66, made vaui. ' 
West Roxbury, held on the second day of April, in the year 
one thousand eight hundred and sixty-six, so far as the same 
may ajipear illegal for the reason that the check list was not 
used in the election of the moderator of said meeting, are 
hereby ratified, confirmed and made valid, to the same extent 
as if the check list had been used in said election. 

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

Approved May 29, 1866. 

An Act in addition to " an act to provide state aid for dis- QJidr^). 282 

ABLED SOLDIERS AND SAILORS AND THEIR FAMILIES, AND FOR THE t ' 

FAMILIES OF THE SLAIN." 

Be it enacted, ^-c, as follows : 

Section 1. The surgeon-general, under the direction and surgeongenerai 
subject to the approval of the governor, is authorized to desig- geons to examine 
nate surgeons, in such places and in such numbers as he may H^^^'^^ claiming 
find expedient, from time to time, and in like manner to 
vacate their appointments, who shall be authorized to examine 
all persons claiming to be disabled soldiers entitled to state 
aid under the one hundred and seventy-second chapter of the 
acts of the year eighteen hundred and sixty-six, whose certi- 
ficates of disability being received and acted upon in good 
faith by the cities and towns, shall, as to the fact of disability, 
be conclusive on the Commonwealth ; and said certificates, certificates of 
which shall state particulars in relation to such disability, t^ be^^wnt 
agreeably to a form to be prescribed by the surgeon-general, auditor, 
shall be returned to the state auditor, with the accounts for 
such aid as shall be paid thereon. 

Section 2. The fee to be received by such surgeons shall Fee for examina- 
in no case exceed one dollar ; and the surgeon-general may 
establish a less fee, or a scale of fees, by official regulation. 

Section 3. Any surgeon so designated who shall wilfully penalty for false 
and corruptly make any false certificate concerning the dis- <=""fi'=*'«- 
ability of any such person, shall be deemed guilty of a misde- 
meanor, and shall be punished l)y imprisonment not exceeding 
one year, or by a fine not exceeding one thousand dollars. 

41 



266 



1866.— Chapter 283. 



ProTisions of 
former Act shall 
apply to certaia 
non-residents. 



Provisos. 



Aid, how paid. 



Appeal to State SECTION 4. Notliiiio: herein contained shall affect the ridit 

commission. „ i^ii •• •, iii,^r.i . ^ n 

01 appeal to the commission constituted by the fifth section of 
the one hundred and seventy-second chapter of the acts of the 
year eighteen hundred and sixty-six. 

Section 5. The provisions of chapter one hundred and 
seventy-two of the acts of eighteen hundred and sixty-six, so 
far as they are applicable, shall apply to the widow, and 
children under fourteen years of age, (now residing without 
this state,) of any officer, soldier or sailor who served in the 
army or navy of the United States, to the credit of the state 
of Massachusetts, between the nineteenth day of April eigh- 
teen hundred and sixty-one, and the first day of September 
eighteen hundred and sixty-five, and who died in said service, 
or who has since died by reason of wounds received or disease 
contracted while in said service : provided, that said soldier 
had been a resident of this state during the two months 
immediately preceding his enlistment ; and provided, that 
said widow and children are in necessitous circumstances. 
The aid hereby provided, shall be paid as provided in section 
twelve of chapter one hundred and seventy-two of the acts of 
eighteen hundred and sixty-six. 

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

Approved May 29, 1866. 

Chap. 283 An Act concerning the care and education of neglected 

CHILDREN. 

Be it enacted, §'c., as follows : 

Section 1. Each of the several cities and towns in this 
Commonwealth is hereby authorized and empowered to make 
all needful provisions and arrangements concerning children 
under sixteen years of age, who, by reason of the neglect, 
crime, drunkenness or other vices of parents, or from orphan- 
age, are suffered to be growing up without salutary parental 
control and education, or in circumstances exposing them to 
lead idle and dissolute lives ; and may also make all such 
by-laws and ordinances respecting such children, as shall be 
deemed most conducive to their welfare and the good order 
of such city or town : provided, that said by-laws and ordi- 
nances shall be approved by the supreme judicial court, or 
any two justices thereof, and shall not be repugnant to the 
laws of the Commonwealth. 

Section 2. The mayor and aldermen of cities and the 
selectmen of towns availing themselves of the provisions of 
this act shall severally appoint suitable persons to make com- 
plaints in case of violations of such ordinances or by-laws as 
may be adopted, who alone shall be authorized to make com- 
plaints under the authority of this act. 



Towns may pro- 
vide for care of 
children and 
make by-laws 
concerning. 



Justices S. J. 
Court to approve 



Persons to in- 
spect execution 



1866.— Chapter 284. 267 

Section 3. When it shall be proved to any iudge of the fudge or trial 

. . p . . 1 1. justicemay,upon 

superior court, or judge or justice oi a municipal or police proof of need, 
court, or to any trial justice, that any child under sixteen town institution, 
years of age, by reason of orphanage or of the neglect, 
crime, drunkenness or other vice of parents, is growing up 
"without education or salutary control, and in circumstances 
exposing said child to an idle and dissolute life, any judge or 
justice aforesaid, shall have power to order said child to such 
institution of instruction or other place that may be assigned 
for the purpose, as provided in this act, by the authorities of 
the city or town in which such child may reside, for such term 
of time as said judge or justice may deem expedient, not 
extending beyond the age of twenty-one years for males, or 
eighteen years for females, to be there kept, educated and 
cared for according to law. 

Section 4. Whenever it shall be satisfactorily proved that cwidren may be 

, „ i-iT -T 111-' i» Qischarged when 

the parents ot any clnld committed under tlie provisions oi parents can or 
this act, shall have reformed and are leading orderly and ed/"are"for^" 
industrious lives, and are in a condition to exercise salutary '^^°^- 
parental control over their children, and to provide them with 
proper education and employment ; or whenever said parents 
being dead, any person may offer to make suitable provision 
for the care, nurture and education of such child as will con- 
duce to the piildic welfare, and will give satisfactory security 
for the performance of the same, then the directors, trustees, 
overseers or other board having charge of the institution to 
which such child may be committed, may discharge said child 
to the parents or to the party making provision for the care 
of the child as aforesaid. 

Section 5. Chapter two hundred and seven of the acts of Act of '62 not to 

. 1 in 1 ^PP'y '1 Boston. 

the year eighteen hundred and sixty-two, shall not apply to, 
nor have effect within the city of Boston, after the passage of 
this act. Approved May 29, 1866. 

An Act in relation to the discharge of persons confined for Qfian. 284 

NON-PAYMENT OF FINE AND COSTS. -^ 

Be it enacted, tS'c, as follows: 

The justices of the municipal courts, justices of police Poor convicts, 
courts and trial justices, may discharge from the jails in their from 'jlii^'^ for 
several counties persons confined for the non-payment of fine ceTta^nSne^Ind 
and costs, not exceeding ten dollars, when they are of opinion ''^'^ts. 
that such persons are not able to pay the fine and costs, or 
that it is otherwise expedient ; and the board of directors for 
public institutions of the city of Boston may in like manner 
discharge persons so committed to the house of industry ; but 
no fees shall be allowed to any person for such service. 

Approved May 29, 1866. 



268 



1866.— Chapter 285. 



Chap. 285 An 



Buildings in 
which petroleum, 
&c., may be 
made or kept, 
how constructed. 



Not over 500 gal- 
lons to be in one 
locality, except 
as above, without 
license. 



Penalty for vio- 
lation. 



License. 



Municipalities 
may adopt rules 
and affix penal- 
ties. 



Act concerning the manufacture, storage and sale of 
petroleum and its products. 
Be it enacted, &fc., as follows: 

Section 1. Crude petroleum, or any of its products, may 
be stored, kept, manufactured or refined, in detached and 
properly ventilated buildings, specially adapted to the pur- 
pose and surrounded by an embankment so constructed as to 
effectually prevent the overflow of said petroleum or any of 
its products beyond the premises on which the same may be 
kept, manufactured or refined ; said buildings to be occupied 
in no part as a dwelling, and if less than fifty feet from any 
other building, must be separated therefrom by a stone or 
brick wall at least ten feet high and sixteen inches thick. 

Section 2. No person shall manufacture, refine, mix, 
store or keep any oil or fluid composed wholly or in part of 
any of the products of petroleum, in a greater quantity than 
five hundred gallons, in any one locality in any city or town 
in this Commonwealth, except as provided in the first section 
of this act, without a license first having been obtained from 
the mayor and aldermen of such city, or the selectmen of 
such town, and in said license there may be expressed the 
manner and portion of any locality or building in which said 
articles may be mixed, stored or kept ; and whoever mixes, 
stores or keeps said articles in a greater quantity than five 
hundred gallons in any one locality, except as aforesaid, 
without having first obtained a license as herein required, or 
having obtained such license, mixes, stores or keeps said 
articles in a different manner, or in any other portion of said 
locality or building than is expressed in said license, shall 
forfeit and pay a sum not exceeding five hundred dollars, to 
be recovered in any appropriate form of action to be insti- 
tuted by the city or town where said articles are so mixed, 
stored or kept ; and the license granted in accordance with 
the provisions of this act, shall continue to be in force from 
the time of granting the same until the first day of April 
next succeeding, unless sooner revoked ; and said license 
shall be revokable at all times by the authorities granting the 
same. 

Section 3. Tiie city council of any city, or the selectmen 
of any town, may adopt such rules and regulations, not 
inconsistent with the provisions of this act, as they may deem 
reasonable, in relation to the manufacture, mixing, storing, 
keeping or selling, within the limits of such city or town, of 
any of said products, and may affix penalties for breaches 
thereof, not exceeding fifty dollars for each offence, reasonable 
notice of which shall be given to all concerned. 



1866.— Chapter 286. 269 

Section 4. Cliapter two hundred and forty-four of the Repeal, 
acts of the year eighteen hundred and sixty-five, is hereby 
repealed. Approved May 29, 1866. 

An Act coxcernixg street railway corporations. Chap. 286 

Be it enacted, ^'c, as follows : 

Section 1. Every street railway corporation, its lessees or shaiikeep in re- 

,11 ... 11 . . 1 .. n pair portions of 

assigns, shall manitani and keep in repair sucli portions oi wghwais. 

the streets, roads and bridges, as are occupied by its tracks, 

and three feet on each side thefeof, not including any portion 

of any sidewalk, to the satisfaction of the superintendent of 

streets, the street commissioner or the surveyors of highways, 

and shall be liable for any loss or injury that any person may Liability for loss 

sustain by reason of any carelessness, neglect or misconduct gon.""'"'^^ ^ ^'"* 

of its agents and servants, in the construction, management 

and use of its tracks ; and in case any recovery is had against shaiibeiiabiefor 

any city or town, steam railroad, turnpike or bridge corpora- recOT^eda^nlt 

tion, respectively, by reason of any defect or want of repair "'^ °^ ^'^^■ 

caused or permitted by the street railway corporation of that 

part of any street, highway or bridge, occupied by its tracks, 

and three feet on each side thereof, exclusive of sidewalks, 

said street railway corporation, its lessees or assigns, shall be 

liable to said city or town, steam railway, turnpike or bridge 

corporation respectively, for any sums recovered against either 

of them, together with all costs and reasonable expenditures 

incurred by them, or eitlier of them, in the defence of any 

suit or suits in which recovery is had by reason of such defect 

or want of repair : provided, the corporation, its lessees or Proviso. 

assigns, had reasonable notice of such suit or suits, and an 

opportunity to assume tlie defence thereof. 

Section 2. The liability created by this act shall be held Liability hereun- 
to be in lieu of, and a substitute for, all liability now existing of present one, on 
in regard to paving by any horse railroad company under any p*'"-°s- 
location or contract with any city or town : provided, that Proviso, 
this act shall not take effect in any city or town where any 
liability to pave is imposed by any location given, until it has 
been accepted by such city or town. 

Section 3. The eighteenth section of the two hundred Repeal. 
and twenty-ninth chapter of the acts of the year one thousand 
eight hundred and sixty-four is hereby repealed ; but such how construed, 
repeal shall not impair or affect any rights or obligations 
heretofore accrued or incurred. Approved May 29, 1866. 



270 1866.— Chapters 287, 288, 289, 290. 

Chan. 287 -^^ Act in relatiox to taxation of the mercantile banking 

-' * ^ AND SAVINGS INSTITUTION. 

Be it enacted, §'c., as folloios : 

Tax of half per SECTION 1. Sectioii thirteen of chapter ninety-two of the 
repealed. ''^^"^ acts of the year eighteen hundred and sixty-one, requiring 
the Mercantile Banking and Savings Institution to pay a semi- 
annual tax of one-half of one per cent, upon its capital stock, 
is hereby repealed. 

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

Approved May 29, 1866. 

Chap. 288 An act to define chapter two hundred and THIRTY OF THE 
ACTS OF THE YEAR EIGHTEEN HUNDERD AND SIXTY-FIVE, RELATIVE 
TO THE LAWS OF SETTLEMENT. 

Be it enacted, Sfc, as follows : 

Soldier or sailor, SECTION 1. Scctiou ouc of cliaptcr two liundrcd and thirty 
service in a e ^^ ^^^^ ^^^^ ^^ eighteen huudrcd and sixty-five shall not be 
construed to require a continuous service of one year. 
Section 2. This act shall take effect upon its passage. 

Approved May 29, 1866. 



Chap. 289 



An Act to repeal section eight of chapter one hundred and 
eighty of the general statutes, concerning the discharge 
of poor convicts in the county of suffolk. 

Be it enacted, §'c., as follows : 

Repeal. SECTION 1. Scctiou eight of chapter one hundred and 

eighty of the General Statutes is hereby repealed. 

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

Approved May 30, 1866. 



Chap. 290 



An Act in relation to the formation of co-operative 
associations. 
Be it enacted, &,'c., as follows: 
Persons may as- SECTION 1. Scvcu or morc pcrsous of lawful agc, iuliabi- 
or*'"'othe7 busi- tauts of this Common Wealth, may, by written articles of 
rlco'rd*of'agre°e° agreement, associate themselves together for the purposes 
ment be cgrpo- ^^ trade. Or for carrvina; on any lawful mechanical, manufac- 

rate body. ' "^ -, ^, .''.,., . -,, 

turing or agricultural busniess withni this state, and when 
such articles of association shall have been executed, and 
recorded in the office of the clerk of the city or town in which 
the business is to be carried on, such persons shall be and 
become a corporation, and enjoy all the powers and privileges, 
and be subject to all the duties, restrictions and liabilities set 
forth in all general laws in relation to similar corporations, 
except so far as the same may be limited or enlarged by this 
act. 
Business and lo- Section 2. Thc objccts for whicli such association is 
in Lrtides^^ estabUshcd, and the place within which its business is to be 
carried on, shall be distinctly set forth in its articles of agree- 



1866.— Chapter 290. 271 

ment, and it shall not do business in any other place or places 
than those mentioned in its articles, and the articles of agree- 
ment shall l)e recorded in tlie office of the clerk of every 
place in which it proposes to do business. 

Section 3. * The business of the association shall be man- Board of man- 
aged and conducted by a president, a board of not less than coustituterwhea 
three directors, and a treasurer, who shall be styled a board ^"'^ ^""^ chosen. 
of managers, and who shall be chosen annually by the stock- 
holders, and shall hold their offices until others are chosen 
and qualified in their stead; and shall have such other officers Minor officers. 
as the association shall prescribe by their by-laws, and the 
mode of appointment and choice of such officers shall also 
be prescribed by the by-laws. 

Section 4. The first meeting of such association hereafter F'rs* meeting, 
organized shall be called in the manner provided for calling 
the first meeting of corporations by chapter sixty-first of the 
General Statutes, and if doubts arise as to whether such 
organization be legal, it may be confirmed in the manner 
provided in said chapter. Each association may make its By-iawg, copy to 
own by-laws, provided they be not repugnant to this act, nor 
to the laws of the Commonwealth, and shall file in the clerk's 
office of the place where they transact their business a copy 
of all by-laws by them made. 

Section 5. The amount of capital stock of such associa- capital stock. 
tion shall be fixed and limited in its articles of association, 
and it may be any sum not exceeding fifty thousand dollars. 
The association may increase or diminish its amount and its May increase or 
number of shares at any meeting of the stockholders, specially ""'°'^ 
called for that purpose, and witbin thirty days after the pass- 
ing of any vote increasing or diminishing its capital stock, 
shall cause such vote to be recorded in the clerk's office of J^e<=°rdofvote. 
the place where its business is carried on, but no share shall 
be issued for less than its par value. 

Section 6. When the association shall have been organ- upon organiza- 
ized, it shall be the duty of the board of managers to prepare to°prepTrXtrte- 
a statement of the condition of the association, containing ^corVby clerk 
the amount of the capital stock, the par value of the shares, "^ ^o^n. 
the number of shares issued, the names and residence of the 
shareholders, and the number of shares owned by each, and 
the same shall be filed and recorded in the office of the clerk 
of such city or town in which the association proposes to do 
business ; and on or before the tenth day of November there- siiaii make an- 
after in each year, the board of managers shall prepare a Be"retary of'com- 
like statement of the same facts as they existed on the first ™°°*«*'''^- 
day of November, with a statement of the kind and amount 
of the property of the association on that day, and of all its 



272 1866.— Chapter 290. 

debts and liabilities of every kind, and the same shall be filed 
and recorded in the office of the clerk of each city or town 
in which the association does business, and shall also be filed 
in the office of the secretary of the Commonwealth, and the 
same shall be by him printed and transmitted lo the legisla- 

statements to be turo. All thc Statements provided for in this section shall be 
signed and sworn to by a majority of the board of managers. 

May hold estate SECTION 7. Sucli association mav take, liold and convey 

and be sued. iii i^i • ^vi 

such real and personal estate as is necessary tor tlie purposes 
of its organization, and may sue and be sued in its associate 

Rights of mem- name ; and no member thereof shall be entitled to hold or 
claim any interest therein exceeding the sum of one thousand 
dollars ; nor shall any member, upon any subject, be entitled 
to more than one vote. 

^hIrM*^whe°if Section 8. No certificate of shares shall be issued to any 

issued.' person until the full amount thereof shall have been paid in 

cash. No person shall be allowed to become a shareholder in 
such association except by the consent of the managers of the 
same. 

Managers liabii- SECTION 9. If the board of managers shall fail to make 

ity of for failure , • -i -i o • ^ • 

of true returns, thc rctums providcd lor in this act, or shall make untrue 

returns, they shall be jointly and severally liable for all debts 

existing at tlie date of such return, or at the time when the 

same should have been made. 

fn^^'^Vd^S Section 10. If any person shall recover judgment against 

against, demand auy assoclatiou crcatcd under the provisions of this act, and 

shall be made, •/•/>. .i- n . • ^ • -i i i i 

and, if not paid, 11, aitcr tlic issuB 01 cxecutioii upoii svich judgment, demand 
ply'^'o's. j^'court ^hall bc made on the treasurer, or any of the board of mana- 
to''court°oMnsoT S^^'^' ^'^^' payment of the same, or for property to be exposed 
vency for war- to satisfy sucli exccutioii, and if the same shall not be paid 
or satisfied, the officer shall make return of such fact, upon 
the execution, or upon any alias execution that may issue, 
so long as any part thereof remains unsatisfied, and if, after 
ten days shall have elapsed, the balance of such execution 
remains unpaid, the creditor may apply to the supreme 
judicial court, setting forth the facts, and praying for an 
injunction to restrain such association from alienating or 
transferring any of its property, and doing any business, 
until such judgment is satisfied, and the said court shall 
grant such injunction, or the judgment creditor may apply 
to the court of insolvency in the county in which such 
association has a place of business, setting forth the facts, 
and after due notice and hearing thereupon, a war- 
rant shall issue under the laws in relation to insolvent 
corporations, and proceedings shall be had as in other cases 
of insolvent corporations : and said association may at any 



1866.— Chapters 291, 292. 273 

time apply for the benefit of the acts in regard to insolvent Association may 

^T"/ o apply as insol- 

corporations. vent. 

Section 11. No shareholder shall be personally liable for ^^bmt'y'*^*'^' 
any debt of the association after the full amount of the 
capital stock is paid in and certificates issued therefor. 

Section 12. There shall be such distribution of the profits Distribution of 

^ , ... ,1 1 ^ profits, how and 

or earnmgs of such association among the workmen, pur- when made, 
chasers and stockholders, as shall be described by the by-laws, 
at such times as therein prescribed, and as often, at least, as 
once in twelve months : provided, that no distribution shall Proviso. 
be declared and paid until a sum equal at least to ten per 
cent, of the net profits shall be appropriated for a contingent 
or sinking fund, until there shall have accumulated a sum 
equal to thirty per cent, in excess of such capital stock. 
Section 13. This act shall take effect upon its passage. 

Approved May 30, 1866. 
An Act in relation to returns to be made by corporations to Chan. 291 

THE TAX COMMISSIONER. * 

Be it enacted^ §*c., as follows : 

Section 1. Any corporation which shall fail to make any corporation faii- 
of the returns required by the provisions of chapter two hun- tu?ns°s°j.^oourt 
dred and eighty-three of the acts of the year eighteen hundred S'usiness'to'' 
and sixty-five, shall be liable, on application of the tax com- enforce. 
missioner therefor to any of the justices of the supreme 
judicial court, to injunction restraining said corporation and 
the agents thereof from the further prosecution of its business, 
until the returns required by law shall be made. 

Section 2. So much of sections nine, ten and eleven of ^^p^^^ = «o'"po''a- 
chapter two hundred and eighty-three of the acts of eighteen stTtes^reHeTed: 
hundred and sixty-five as requires reports of business and the by^ownl''*^^*"*' 
collection of a tax thereon from corporations incorporated 
under the authority of states other than this Commonwealth, 
is hereby repealed, and so much of section fifteen of said act 
as exempts the shares in such corporations from assessment 
and taxation in any city or town, is hereby repealed. 

Section 3. This act shall take effect upon its passage, and ^ct, when in 
a tax shall be laid and collected under the provisions thereof 
for the present year, in the same manner as if the same had 
been in force on the first day of May. 

Approved May 30, 1866. 

An Act concerning alien passengers on vessels coming from Chap. 292 

WITHOUT THE UNITED STATES. -^ 

Be it enacted, ^c, as follows : 

Section 1. The provisions of sections twelve and fourteen g. s. §§ 12, 14, 
of chapter seventy-one of the General Statutes, shall apply to ^J'y P' 'i- *<"'?■ 

42 



274 1866.— Chapter 293. 

all vessels arriving at any port of tins Commonwealth from 
any port or place without the limits of the United States, or 
which shall have stopped at any such port or place during 
their voyages. 
ho'wse?vedTnder SECTION 2. In all actious brought by or on account of 
Q. s., ch. 71, 72. alien passengers and state paupers under the provisions of 
chapters seventy-one and seventy-two of the General Statutes, 
the civil process may be served by the constable of the Com- 
monwealth or any one of his deputies. 

Approved May 30, 1866. 

Chap. 293 An Act in further addition to an act providing for the more 

SPEEDY COMPLETION OF THE TROY AND GREENFIELD RAILROAD AND 
HOOSAC TUNNEL. 

Be it enacted, ^-c, as follows : 
Appropriation, SECTION 1. For the further prosecution and completion of 
work and 'to pay tho Troy and Greenfield Railroad and Hoosac Tunnel, and 
p'J'oTedby execu- for tlic payment of interest upon such scrip as has been or 
*''®- may be issued during the progress of the work, there is 

hereby appropriated the sum of nine hundred thousand dol- 
lars in addition to the sums heretofore appropriated, such sum 
for the purposes aforesaid, to be raised in the manner pro- 
vided in chapter two hundred and fourteen of the acts of the 
year eighteen hundred and sixty-three, the expenditure of the 
same not to be made without the approval of the governor 
and council. 
Commissioners to SECTION 2. The commissioncrs are authorized and directed 
Greenfield to to coustruct tlic Said railroad from Greenfield to Shelburne 
preJentTea^r*^'^ Falls durlug thc prcscut ycar, and so far above said last 
named place as the road may be constructed, having due 
Proviso. regard to economy : provided, said commissioners can make 

a lease of said railroad which shall be advantageous to the 
Commonwealth, such lease to be approved by the governor 
and council. 
Consulting engi- SECTION 3. The ffovcrnor and council shall appoint some 

neer, appoint- ". . li- • 

ment, salary and compctcnt and experienced person as a consulting engineer, 
duties. ^^ ^ salary not exceeding three thousand dollars per annum, 

who shall examine and report to them upon all plans for the 
prosecution of the work upon the Troy and Greenfield Rail- 
road and Hoosac Tunnel, and shall also report to the governor 
and council, whenever they shall require, upon its progress 
and condition. 
QoTernor and SECTION 4. The govemor and council shall have a general 
general super- supcrvisiou of tlic work, aiid for that purpose shall visit and 
vision of work, jj^gpg^,^ ^\^q game, at least once in each year, and as much 
oftener as they may deem expedient ; and they shall have 



1866.— Chapters 294, 295, 296. 275 

power to correct abuses, remedy defects, and impose and 
enforce requirements in such manner as the interest of the 
Commonwealth shall in their judgment require. 

Approved May 30, 1866. 



An Act relating to horse railroad companies. 
Be it enacted, ^'c, a* follows : 

Section 1. The supreme judicial court, or any justice s. j. court, or 
thereof, inay, upon the petition of the mayor and aldermen of tion"^of "munici- 
any city, or the selectmen of any town in wliich any horse fn^'unctlSn^ *&"* 
railroad is located, issue any injunction or other order upon *°*^°'"''^™!°* °f 
any horse railroad corporation, or its agents, after having 
first notified such corporation of the application, and a hear- 
ing had thereon, for the purpose of enforcing any laws, 
lawful rules, regulations, orders or ordinances, relative to 
such corporation, in a summary manner, and according to 
the usual course of chancery proceedings : provided, that ProTiso. 
nothing herein shall abridge or limit the powers now held in 
relation to such corporations by the municipal authorities of 
any city or town, nor affect any contracts or agreements now 
existing. 

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

Approved May 30, 1866. 



Chap. 295 



An Act to authorize the governor to lend tents or camp 

materials to military schools in the state. 
Be it enacted, Sfc, as follows : 

Section 1. The governor is hereby authorized to lend ^ay lend for 
temporarily tents or camp materials, to be used by any mili- upon security.' 
tary schools or academies in the state, for encampments, at 
such times and under such restrictions as to him may seem 
proper : provided, satisfactory security is given for the safe Proviso, 
keeping and return of the property. 

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

Approved May 30, 1866. 

An Act to abolish the police court in the town of haverhill. Chfip. 296 
Be it enacted, Sfc, as follows : 

Section 1. So much of the one hundred and sixteenth court abolished; 
chapter of the General Statutes as relates to the establish- pelfed! *"°^ '^' 
ment of a judicial district in the town of Haverhill, under 
the jurisdiction of the police court thereof, and all other acts 
or parts of acts relating to said court are hereby repealed. 

Section 2. All matters pending in said court at the time Pending cases to 
when this act shall take effect, shall be heard and determined presenTjudg^, or^ 
by the present judge of said court, who shall be entitled to LyTdaifi^^ti'My*' 
the same fees accruing therefrom, as would in such cases 



276 1866.— Chapters 297, 298. 

belong to a trial justice or justice of the peace having juris- 
diction in like matters ; and if for any reason said judge shall 
fail to consider and determine such matters, they shall be 
heard and determined by the trial justice residing nearest to 
the said tovrn of Haverhill, or by a trial justice in said town, 
if any such shall reside therein. 

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

Approved May 3Q, 1866. 



Chap, 297 



Chap. 298 



An Act in addition to an act to incorporate the walpole 
reservoir company. 
Be it enacted, §'c., as folloios : 
Time to for or- SECTION 1. The time for organizing the Walpole Reser- 
edTwo°fearsr° voir Company, incorporated by chapter one hundred and 
ninety-six of the acts of the year eighteen hundred and forty- 
seven, is hereby extended two years from the passage of this 
act. 

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

Approved May 30, 1866. 

An Act relating to the salaries of certain state officers. 
Be it enacted, Sj-c, as follows : 
Treasurer. SECTION 1. The Salary of the treasurer and receiver- 

general of the Commonwealth shall be thirty-five hundred 
dollars per annum. 
Attorney-general SECTION 2. The Salary of the attorney-general shall be 

thirty-five hundred dollars per annum. 
Secretary, audi- SECTION 3. The Salaries of the secretary, auditor and 
general.* j»»tan*- adjutant-gcucral shall be twenty-five hundred dollars per 

annum. 
Deputy tax com- SECTION 4. The salarics of the deputy tax commissioner 
cierk/^secretary and of the prlvatc sccrctary of the governor shall be two 
gove^or^afr"^ thousaud dollars per annum. There shall be a first clerk in 
^c^taf" of *^^^ office of the tax commissioner who shall receive a salary 
state. of fifteen hundred dollars per annum. Tlie salary of the 

messenger of the governor and council shall be tVelve hun- 
dred dollars per annum, and the salary of the messenger of 
the secretary of the Commonwealth shall be one thousand 
dollars per annum. 
Agent board SECTION 5. The Salary of the agent of the board of state 

and "certain cliarities shall be three thousand dollars ; the salaries of the 
pMtoenL.^^" first clerks of tlie secretary, treasurer, auditor, adjutant- 
general and of the board of education, shall be two thousand 
dollars ; and the salai'ies of the first assistant-clerks of the 
secretary and auditor and of the first assistant clerk and 
cashier of the treasurer, shall be seventeen hundred dollars 
per annum. 



1866.— Chapter 298. 211 

Section 6. There shall be allowed and paid to the secre- certain other 
tary of the board of state charities, the clerks of the senate twenty per^cent. 
and house of representatives, the sergeant-at-arms, and to curreat^yea/*"^ 
such of the present clerks and employes of the several 
departments of the state house as are not heretofore enumer- 
ated under the provisions of this act, or whose salaries have 
not been already increased during the year, at the rate of 
twenty per cent, in addition to the compensation now allowed 
them, in full for their services for the present year. This shaii apply to 

' TT ii- -I officers under 

mcrease shall be so applied as to accrue to the salaries and chap. 254, '63. 
compensation paid and to be paid for the year eighteen 
hundred and sixty-six to officers and employes appointed 
under the provisions of chapter two hundred and fifty-four 
of the acts of the year eighteen hundred and sixty-three, and 
chapter two hundred and nineteen of the acts of the present 
year, in such proportion as shall give to the heads of the 
several military bureaus established under said acts an 
amount not exceeding that paid for the present year to the 
adjutant-general ; and to the first clerks of such military 
bureaus twenty per cent, in addition to the amount now 
allowed them ; provided, said amount shall in no case exceed ProTiso. 
that now paid to the first clerk of the adjutant-general ; and 
to all other clerks and employes in such military bureaus, an 
amount not exceeding that paid for the present year to the 
clerks, other than the first and second clerks, in the office of 
the secretary of the Commonwealth. 

Section 7. The increase of salaries established by the Ji°f ^^®^**^ ^*'*: 
preceding sections shall be paid from the first of January of bie.' 
the present year, except in the cases of officers whose term 
of service has commenced since that time, and in such cases 
the increase shall be paid from the commencement of their 
respective terms of service. 

Section 8. The judges and assistant-clerks of the superior Judges and cierks 
court, the judges, registers and assistant-registers of probate batejnsdven^c^ 
and insolvency, the sheriffs, county commissioners and dilwct^attMnlys 
county treasurers of tlie several counties, the district-attor- »"•* <v°"°*'' "^J 

•' IT. 1 '^^'^^' '°' current 

neys 01 the several districts, the assistant-distnct-attorney year, 
for Suffolk county, and the justices and clerks and assistant- 
clerks of the police courts of the Commonwealth, and the 
clerk and assistant-clerks of the municipal court of the city 
of Boston, and the justice and clerk of the municipal court Municipal court, 
of Taunton, shall severally be paid for the present year ^*"'^*o»»- 
twenty per cent, in addition to the compensation now allowed 
them. 

Section 9. The clerk of the superior court for civil co^rt'^ciTir^fn 
business in the county of Suffolk shall be allowed to retain, Suffolk, fees \ po- 



278 



1866.— Chapter 299. 



ford, salaries. 



lice in Cambridge Qut of tliG lialf-surplus HOW payable to the county, the sum 
/ustiM^onn Mil? of five hundred dollars, if so much there be, towards pay- 
ment of clerk hire in his office. The salary of the clerk of 
the police court of the city of Cambridge shall be at the rate 
of eight hundred dollars per annum. The salary of the clerk 
of the police court of the city of Lynn shall be at the rate of 
six hundred dollars per annum. The salary of the justice of 
the police court of Milford shall be at the rate of one thousand 
dollars per annum, from the first day of January in the year 
eighteen hundred and sixty-six. 

Section 10. The clerk of the courts for the county of 
Berkshire may, from and after the first day of January last, 
retain for his annual salary, out of the fees for which he is to 
account, the sum of eighteen hundred dollars, instead of four- 
teen hundred dollars as now provided liy law. 

Section 11. The salaries of the sheriffs of the counties of 
Dukes county and Nantucket shall be three hundred dollars 
each per annum. 

Section 12. This act shall take effect upon its passage. 

Approved May 30, 1866. 



Clerk of courts 
for Berkshire. 



Sheriffs of Dukes 
and Nantucket. 



Cha'p, 299 



Appropriations 
authorized. 



Boston Insur- 
ance Company. 



Interest recruit- 
ment fund. 



C. G. Rowell. 



Cambridge sav- 
ings institution. 



I. N. Emerton. 



L. B. HaskeU. 



Hampden Fire 
Insurance Com- 
pany. 



An Act making appropriations to meet certain expenditures 
authorized the present year, and for other purposes. 

Be it enacted^ §'c., as follows : 

Section 1, The sums hereinafter mentioned are appropri- 
ated, to be paid out of the treasury of this Commonwealth, 
from the ordinary revenue, except in cases otherwise ordered, 
for the purposes specified in certain acts and resolves of the 
present year, herein cited, and for other purposes, to wit : 

In the resolve, chapter two, in favor of the Boston Insur- 
ance Company, a sum not exceeding one hundred and 
ninety-five dollars and eighty-nine cents. 

In the resolve, chapter six, relating to the payment of 
interest on the recruitment fund, a sum not exceeding 
ninety-eight hundred dollars. 

In the resolve, chapter seven, in favor of C. G, Rowell, a 
sum not exceeding one hundred and sixty-eight dollars. 

In the resolve, chapter eleven, in favor of the savings 
institution of Cambridge, a sum not exceeding ninety-one 
dollars and fifty-six cents. 

In the resolve, chapter twelve, in favor of Increase N. 
Emerton, a sum not exceeding fifty-two dollars. 

In the resolve, chapter thirteen, in favor of L. R. Haskell, 
a sum not exceeding three hundred and twenty-five dollars. 

In the resolve, chapter fourteen, in favor of the Hampden 
Fire Insurance Company, a sum not exceeding two hundred 
and seventeen dollars and seventeen cents. 



1S66.— Chapter 299. 279 

In the resolve, chapter fifteen, in favor of Patrick A. pa. o'Conneii. 
O'Connell, a sum not exceeding sixty-five dollars. 

In the resolve, chapter sixteen, relating to certain Indians, Indians, certain. 
a sum not exceeding two hundred and twenty-nine dollars ; 
and for the support of Indian schools, a sum not exceeding Indian schools, 
one hundred and four dollars, the latter payable from the schMi funT ^ 
income of the Massachusetts school fund. 

In the resolve, chapter seventeen, relating to the extirpa- cattie disease, 
tion of the cattle disease, a sum not exceeding twenty ^^ "^p^''°°' 
thousand dollars. 

In the resolve, chapter twenty, for the support of certain Indian schools, 
Indian schools, a sum not exceeding one hundred and forty- sch^orfunT °^ 
nine dollars, payable from the income of the Massachusetts 
school fund. 

In the resolve, chapter twenty-one, for the support of cer- Indians andper- 

,. TT 1 />!• ji -ij sons of color. 

tain Indians and persons oi color, in the year eighteen 
hundred and sixty-five, a sum not exceeding two hundred 
and eighty-three dollars and forty cents. 

In the resolve, chapter twenty-two, in favor of Solomon 0. s. c.Howiand. 
Howland, a sum not exceeding five hundred dollars, payable 
upon properly approved vouchers filed with the state auditor. 

In the resolve, chapter twenty-eight, relating to the state state ubrary. 
library, a sum not exceeding nine hundred dollars, payable 
upon properly approved vouchers filed with the state 
auditor. 

In the resolve, chapter twenty-nine, in favor of certain Agricultural 
agricultural societies, a sum not exceeding twelve hundred ^°"* '^^" 
dollars. 

In the resolve, chapter thirty, in favor of the discharged Discharged soi- 

(licrs U0II16* 

soldiers' home, a sum not exceeding twenty thousand dollars. 

In the resolve, chapter thirty-one, in favor of the asylum Asyium for dis- 

x>j.i -\ r 1 • J. T charged female 

tor discharged lemale prisoners, a sum not exceeding prisoners. 
twenty-five hundred dollars. 

In the resolve, chapter thirty-four, in favor of the Massa- school for idiotic 
chusetts school for idiotic and feeble-minded youth, a sum ^°" 
not exceeding three thousand dollars. 

In the resolve, chapter thirty-five, relating to provincial Provincial laws. 
laws, a sum not exceeding fifteen hundred dollars. 

In the resolve, chapter thirty-six, in favor of the Perkins' Perkins' institu- 
institution and Massachusetts asylum for the blind, a sum not 
exceeding four thousand dollars. 

In the resolve, chapter thirty-eight, in relation to battle-flags, Battie-aags. 
a sum not exceeding forty-five hundred dollars. 

In the resolve, chapter thirty-nine, in favor of the town of Town of Truro. 
Truro, a sum not exceeding sixty-one dollars and twenty-five 
cents. 



280 



1866.— Chapter 299. 



Lunatic hospital, 
Tewksbury. 



State prison, 
officers. 



Springfield 
Home. 



WasliiDgtODian 
Home. 



Jemima Easton. 



Indian scliools, 
certain. 



City of Lowell. 



Eye and ear 
infirmary. 



H. E. McCollom. 



CommemoratiTe 

tablets. 

Lunatic hospital, 
Northampton. 



Fitchburg rail- 
road company. 



Oriental coal oil 
company. 



Guardian Punka- 
pog Indians. 



Frank A. Cady. 



Daniel Chapman. 



Frank Q.Turner. 



In the resolve, chapter forty, relating to the lunatic hos- 
pital at the state almshouse in Tewksbury, a sum not 
exceeding thirteen thousand five hundred dollars. 

In the resolve, chapter forty-one, in favor of certain officers 
of the state prison, a sum not exceeding six thousand dollars. 

In the resolve, chapter forty-two, in favor of the Springfield 
home for friendless women and children, a sum not exceeding 
two thousand dollars. 

In the resolve, chapter forty-three, in favor of the Wash- 
ingtonian home, a sum not exceeding six thousand dollars. 

In the resolve, chapter forty-six, for the benefit of Jemima 
Easton, a sum not exceeding one hundred and four dollars. 

In the resolve, chapter forty-seven, for the support of cer- 
tain Indian schools, a sum not exceeding seventy-five dollars, 
payable from the income of the Massachusetts school fund. 

In the resolve chapter forty-eight, in favor of the city of 
Lowell, a sum not exceeding five hundred and fifty dollars. 

In the resolve, chapter forty-nine, in favor of the Massachu- 
setts charitable eye and ear infirmary, a sum not exceeding 
thirty-five hundred dollars. 

In the resolve, chapter fifty, in favor of Henry E. McCol- 
lom, a sum not exceeding one hundred dollars. 

In the resolve, chapter fifty-two, in relation to commemora- 
tive tablets, a sum not exceeding five hundred dollars. 

In the resolve, chapter fifty-four, in favor of the state 
lunatic hospital at Northampton, a sum not exceeding two 
thousand dollars, payable upon properly approved vouchers 
filed with the state auditor. 

In the resolve, chapter fifty-five, in favor of the Fitchburg 
railroad company, a sum not exceeding two thousand one 
hundred and sixty-seven dollars and seventy-six cents. 

In the resolve, chapter fifty-six, in favor of the oriental 
coal oil company, a sum not exceeding one hundred and 
seventy-five dollars and sixty-five cents. 

In the resolve, chapter sixty, in favor of the guardian of 
the Punkapog Indians, a sum not exceeding three hundred 
and fifty-six dollars. 

In the resolve, chapter sixty-one, in favor of Frank A. 
Cady, a sum not exceeding one hundred and fifty-four 
dollars and fifty cents. 

In the resolve, chapter sixty-two, in favor of Daniel Chap- 
man, a sum not exceeding four hundred and thirty-nine 
dollars. 

In the resolve, chapter ninety-five, in favor of Frank G. 
Turner and others, a sum not exceeding one thousand three 
hundred and seventy-five dollars. 



1866.— Chapter 299. 281 

In the resolve, chapter sixty-five, relating to Plymouth ^i^l^f^o^^.o^t 
harbor, a sum not exceeding two thousand dollars, payable defence fund. 
from the coast defence fund, and upon properly approved 
vouchers, filed with the state auditor. 

In the resolve, chapter sixty-six, for the repair and re- ^„^o*jdi*iand. 
building of wharves at the Rainsford Island hospital, a sum 
not exceeding five thousand dollars. 

In the resolve, chapter sixty-seven, relating to Indian Jp^'^q^^h^^*" 
boundary lines at Gay Head, a sum not exceeding five hun- 
dred dollars. 

In the resolve, chapter sixty-nine, in favor of William w. sayward, 
Sayward and Augustus Lothrop, a sum not exceeding six 
hundred and fifty-six dollars and eighty-seven cents. 

In the resolve, chapter seventy, relating to improvements state pnson, im- 

1 • , ?■ 12 J.^ J proyements. 

at the state prison, a sum not exceedmg five thousand 
dollars. 

In the resolve, chapter seventy-one, in favor of Daniel Daniei chesiey. 
Chesley, a sum not exceeding three hundred and twenty-five 
dollars. 

In tlie resolve, chapter seventy-two, in favor of the state Almshouse, 
almshouse at Bridgewater, a sum not exceeding two thousand " ^^^^ 
dollars, payalile upon properly approved vouchers, filed with 
the state auditor. 

In the resolve, chapter seventy-four, relating to a commis- commissioner on 
sioner on printing, a sum not exceeding five hundred dollars. p"°'"'s- 

In the resolve, chapter seventy-five, in favor of the children c. e. Tiuson, 
of Charles E. Tillson, a sum not exceeding three hundred <='^'^'^'«° <**■• 
and twenty-five dollars. 

In the resolve, chapter seventy-nine, in favor of the town Town of Hudson, 
of Hudson, a sum not exceeding five hundred and sixty-three 
dollars and forty-five cents. 

In the resolve, chapter eighty-two, in relation to cases cases in u.s. 
pending in the United States circuit court, a sum not exceed- ""^*^"' ''*'" * 
ing one thousand dollars. 

In the resolve, chapter eighty-five, concerning the universal ^^'^ expositioii. 
exposition at Paris, a sum not exceeding ten thousand 
dollars. 

In the resolve, chapter eighty-eight, in favor of certain ^"""^"'^^j^g^j 
companies of the second Massachusetts cavalry, a sum not °* ^ re6™«n • 
exceeding fifty-two hundred dollars, payable from the volun- 
teer bounty fund. 

In the resolve, chapter eighty-nine, in favor of the Newton Newton and 
and Watertown gas company, a sum not exceeding two ^m*^an7^^" 
hundred and thirty-nine dollars and sixty-nine cents. 

In the resolve, chapter ninety-one, in favor of John M. J.M.Kinney. 
Kinney, a sum not exceeding thirty-six hundred dollars. 

43 



282 



1866.— Chapter 299. 



Bank commis- 

Bioner, salary. 
Acts 1866, 192. 
Military books. 
Acts 1866, 219. 

Military ac- 
counts. 

Acts 1866, 219. 



Militia bounty. 
Acts 1866, 219. 



Second clerk of 

auditor. 

Acts 1866, 101. 



Harbor commis- 
sioners. 
Acts 1866, 149. 

Non-resident 
army yolunteers. 
Acts 1866, 172. 



Commissioners 
on obstructions 
to fish. 
Acts 1866, 238. 

State police, 
compensation 
and expenses. 



Incidental. 
Acts 1866, 261. 



Insurance com- 
missioner. 



Clerk. 

Acts 1866, 255. 

Printing and 
binding, legis- 
lature. 
Kes. 1856, 74. 



Tax commission- 
er, expenses. 
Acts 1864-65, 
208, 283. 



Military ac- 
counts. 
G. 8. 13; Acts 
1864-65, 238, 250. 



For the salary of the commissioner on savings banks, the 
sum of three thousand dollars. 

For books of instruction, and for orderly and roll books, 
a sum not exceeding four hundred dollars. 

For military accounts of the present year, a sum not 
exceeding one thousand dollars, in addition to the amount ' 
heretofore appropriated. 

For militia bounty for the present year, a sum not exceed- 
ing twenty thousand dollars, in addition to the amount 
heretofore appropriated. 

For the salary of the second clerk in the office of the 
auditor of accounts, a sum not exceeding three hundred 
dollars, in addition to the amount heretofore appropriated. 

For compensation and expenses of the harbor commis- 
sioners, a sum not exceeding ten thousand dollars. 

For the payment from the state treasury of aid to Mass- 
achusetts volunteers residing out of the Commonwealth, a 
sum not exceeding twenty thousand dollars. 

For expenses of the commissioners on obstructions to 
the passage of fish, a sum not exceeding seven thousand 
dollars. 

For compensation and expenses of the state police, a sum 
not exceeding seventeen thousand one hundred dollars, viz. : 
for compensation, twelve thousand nine hundred dollars; for 
travelling expenses, three thousand dollars ; for clerical, inci- 
dental and contingent expenses of the constable of the 
Commonwealth, twelve hundred dollars. 

For the office of the insurance commissioner, from the first 
of July of the present year, a sum not exceeding fifteen hun- 
dred dollars, viz. : for the salary of the commissioner, one 
thousand dollars ; and for the salary of the commissioner's 
clerk, five hundred dollars. 

For printing and binding, ordered by the senate or house 
of representatives, or by the concurrent order of the two 
branches, for the present year, a sum not exceeding one 
thousand dollars, in addition to the amount heretofore appro- 
priated. 

For clerical and incidental expenses of the tax commis- 
sioner for the present year, a sum not exceeding twenty-five 
hundred dollars, in addition to the amount heretofore appro- 
priated. 

For military accounts of the year eighteen hundred and 
sixty-five and previous years, a sum not exceeding eight hun- 
dred dollars, in addition to the amount heretofore appro- 
priated. 



1866.— Chapter 299. 283 

For military services rendered under a special order of Military gerrices, 
the commauder-in-chief in the year eighteen hundred and Acts i864, 238, 
sixty-four, a sum not exceeding eighty-six dollars and sixty ^ ^*^' 
cents. 

For military salutes ordered by the late executive of the '*''''**/„^f*'^*(f^* 
Commonwealth in honor of emancipation, a sum not exceed- ' 

ing seven hundred dollars. 

For expenses of the departments of the quartermaster- Quartermaster 

, '^ , , n -I f ji J sind ordnance 

general and master oi ordnance, lor the present year, a sum departments, ex- 
not exceeding five hundred dollars, in addition to the Actemi, 238. 
amount heretofore appropriated. 

For militia bounty for the year eighteen hundred and Miutia bounty 
sixty-three, a sum not exceeding three hundred and forty q. s. is! 
dollars, payable in accordance with rolls on file in the office 
of the treasurer and receiver-general, upon wdiich said sum 
was allowed to officers and privates, the same having 
remained uncalled for during the period within which pay- 
ment is limited by statute. 

For expenses of the department of the master of ordnance ordnance depart- 
for the year eighteen hundred and sixty-four, a sum not isel' **p®°^®*' 
exceeding two hundred and forty-five dollars and five cents, -^^cts i86i, 2i9. 
the same having been heretofore allowed on warrants of the 
governor, but remaining uncalled for during the time within 
which payment is limited by statute. 

For the current expenses of the state prison, for the state prison, 
present year, a sum not exceeding fifteen thousand dollars, Acts i864, 303. 
in addition to the amount heretofore appropriated. 

For the arrest of fugitives from justice, for the present Arrest of fugi- 
year, a sum not exceeding one thousand dollars, in addition g. s.'i77. 
to the amount heretofore appropriated. 

For expenses of the state reform school for boys at West- Reform school, 
borough, for the year eighteen hundred and sixty-five, a sum g. s. 76.' 
not exceeding two thousand three hundred and thirty-one 
dollars and thirty-two cents. 

For expenses of the nautical branch of the state reform Nautical school, 
school, for the year eighteen hundred and sixty-five, a sum a's.°76*' 
not exceeding one thousand two hundred and fifty-four dol- 
lars, in addition to the amount heretofore appropriated. 

For expenses of the state almshouse at Tewksbury, for the ^^*',®*!™*- 
year eigliteen hundred and sixty-five, a sum not exceeding Tewksbury, 
one thousand three hundred and thirty-three dollars and g^s.^h!' 
eighty-four cents, in addition to the amount heretofore 
appropriated ; and for the present year, a sum not exceeding 
four tliousand dollars, in addition to the amount heretofore 
appropriated. 



284 



1866.— Chapter 299. 



Monson, ex- 
penses. 
G. S. 71. 



Bridge water, 
expenses. 
G. S. 71. 



Rainsford Island 
hospital, ex- 
penses, 1863. 
G. S. 71. 



Board State 
charities, secre- 
tary's expenses. 
Acts 1863, 240, 
§3. 
Incidentals. 

Money, how 
drawn and dis- 
bursed. 
Acts 1863, 240. 

State scholar- 
ships. 
Acts 1866, 210. 



Essex bridge, 
repairs, 1865. 
Acts 1859, 122. 



Warren bridge, 

repairs. 

Acts 1864, 257. 



Attorney-gener- 
al, court ex- 
penses, 1863. 
6. S. 14. 

Insolvency 
courts, expenses, 
1864. 
G. S. 118. 

Printing and 
sending State 
aid documents. 



Board agricul- 
ture, report. 
Bes. 1856, 74. 



For expenses of the state almshouse at Monson, for the 
year eighteen hundred and sixty-five, a sum not exceeding 
five hundred and sixteen dollars and forty-eight cents, in 
addition to the amount heretofore appropriated ; and for the 
present year, a sum not exceeding three thousand dollars, in 
addition to the amount heretofore appropriated. 

For expenses of the state almshouse at Bridgewater, for 
the present year, a sum not exceeding four thousand dollars, 
ill addition to the amount heretofore appropriated. 

For expenses of the hospital at Rainsford Island, for the 
year eighteen hundred and sixty-five, a sum not exceeding 
three hundred and sixty-four dollars and eighty-five cents, 
in addition to the amount heretofore appropriated. 

For expenses of the secretary of the board of state chari- 
ties, a sum not exceeding eleven hundred dollars. 

For travelling and other expenses of the board of state 
charities, a sum not exceeding fifteen hundred dollars, in 
addition to the amount her^ofore appropriated ; and the 
appropriations for said board may be drawn and disbursed 
by the general agent. 

For the support of state scholarships, a sum not exceeding 
three thousand six hundred dollars, payable from the income 
of the Massachusetts school fund. 

For repairs on the Essex bridge, for the year eighteen 
hundred and sixty-five, a sum not exceeding thirty-one 
dollars and thirty-one cents, payable from the Essex bridge 
fund. 

For repairs on the Warren bridge, for the present year, a 
sum not exceeding one thousand dollars, in addition to the 
amount heretofore appropriated, payable from the Charles 
river and Warren bridge fund. 

For court expenses of the attorney-general's department, 
for the year eighteen hundred and sixty-three, a sum not 
exceeding five dollars. 

For expenses of courts of insolvency, for the year eighteen 
hundred and sixty-four, and previous years, a sum not 
exceeding thirty-nine dollars and sixty-six cents. 

For expenses of printing and distributing state aid docu- 
ments, authorized by chapter one hundred and seventy-two 
of the acts of the present session, a sum not exceeding one 
thousand dollars. 

For printing the report of the board of agriculture, a sum 
not exceeding seven hundred and fifty dollars and ninety- 
four cents, in addition to the amount heretofore appro- 
priated. 



1866.— Chapter 299. 285 

For the balance due on ordnance purchased in England, ordnance, bai- 
a sum not exceeding twenty-five thousand dollars, payable chaL. °' ^"'* 
from the coast defence fund. ^ ''''' ^^^' "^• 

For the compensation and expenses of legislative com- committees of 
mittees, viz. : of the committee on the location of railway &uaexpenseB.^ 
passenger houses, a sum not exceeding two hundred dollars ; ^' ^" ^^' 
of the committee on the subject of state aid for returned 
soldiers and others, a sum not exceeding seven hundred and 
forty-five dollars and fifty-five cents ; of the committee on the 
Troy and Greenfield Railroad and Hoosac Tunnel, a sum not 
exceeding four hundred dollars ; of the committee on the 
state liquor agency, a sum not exceeding four hundred dol- 
lars ; of the committee on finance and taxation, a sum not 
exceeding five hundred and forty-five dollars and sixty-three 
cents. 

For publishing the list of petitions to the legislature, a Pubiuhing pou- 
sum not exceeding seventy-five dollars. ac^ 1865, 245. 

For the arrest of fugitives from justice in the year eighteen Arrest of fugi- 
hundred and sixty-four, a sum not exceeding eleven dollars, g.s.'ut. 

For newspapers furnished the departments in the state JlS'^f'PfPfJ?' 
house during the years eighteen hundred and sixty-three, Acts is'ei, 203. 
eighteen hundred and sixty-four and eighteen hundred and 
sixty-five, a sum not exceeding one hundred dollars. 

For printing and binding the extra edition of the adjutant- Adjutant-gener- 
general's report ordered by the present legislature, a sum eduion!"^''*^ " 
not exceeding seventeen thousand dollars. 

For printing and binding the blue book for the present Biue book, 
year, a sum not exceeding one thousand dollars, in addition ' 
to the amount heretofore appropriated. 

The following sums shall be allowed and paid : 

For the compensation of experts employed by the governor Experts for 
for the present year, a sum not exceeding five hundred ^°'*'^'""^- 
dollars. 

For clerical and professional assistance to legislative com- ciencai and pro- 

• ,, .1 Z • ^ -\ • 111 11 fessional assist- 

mittees, the same to include service rendered by any clerk ance to commib- 
in the employ of the state, without interference with his '**^' 
regular duties, a sum not exceeding five hundred dollars. 

For expenses incurred in the erection of a flagstaff, and in state arsenal, 
the purchase and transportation of a safe for the state safe!*'* 
arsenal at Cambridge, a sum not exceeding nine hundred 
and seventy-seven dollars and fifty-one cents. 

For expenses of the Massachusetts commissioner on the commissioner on 
soldiers' national cemetery at Gettysburg, a sum not exceed- teV?" *^'"*' 
ing one hundred dollars. 

For engraving plates and for printing and advertising of state scrip, en- 
state scrip, a sum not exceeding one thousand dollars. prMn^g. 



286 



1866.—CHAPTER 299. 



Weights and 
measures for 
certain towns. 



Medical and hos- 
pital supplies. 



Statutes and 
documents for 
other states. 



Recordinglndian 
deeds. 



Plans, committee 
on State house. 



Boxes and pack- 
ing, adjutant- 
general's report. 



Arsenal at Cam- 
bridge, fence. 



Advertising ; 
payment of 
State aid. 



StafT officers, pay. 



Clerks. 



Quartermaster- 
general. 

Surgeon-general. 

Adjutant-gener- 
al, extra clerks. 



GoTernor to ap- 
prove employ- 
ment. 



Commissioners 
on State bouse. 



For the purchase of standard weights and measures for 
the towns of Mattapoisett, Gosnold and Hudson, and for 
expenses of adjusting the state weights and measures, a sum 
not exceeding nine hundred and fifty dollars. 

For medical, surgical and hospital supplies, and contin- 
gent expenses connected therewith, the same being for the 
use of the state militia, a sum not exceeding two thousand 
dollars. 

For the purchase of such statutes and other public docu- 
ments of this Commonwealth, for the benefit of other states, 
as the governor may direct, a sum not exceeding four 
hundred dollars. 

For recording title' deeds of Indian lands at Gay Head, a 
sum not exceeding one hundred dollars. 

For plans and lithographs procured by the committee on 
the state house, subject to the approval of the governor and 
council, a sum not exceeding one thousand dollars. 

For packing-boxes for the extra edition of the adjutant- 
general's report ordered by the present legislature, and for 
expenses of packing, a sum not exceeding two hundred 
dollars. 

For the erection of a fence upon the grounds of the state 
arsenal, at Cambridge, under the provisions of chapter 
eighty-three of the resolves of the present year, a sum not 
exceeding one thousand dollars. 

For expenses of such advertising as may be found neces- 
sary in connection with tlie disbursement of state aid, a sum 
not exceeding three hundred dollars. 

For the compensation of such staif officers as the comman- 
der-in-chief may appoint under the provisions of chapter two 
hundred and nineteen of the acts of the present year, and 
for the compensation of such clerks and employes as said 
staff officers may appoint, witli the approval of the comman- 
der-in-chief, the same to be determined by him, a sum not 
exceeding sixty-six hundred dollars, viz. : for the bureau of 
the quartermaster-general, twenty-one hundred dollars ; and 
for the bureau of the surgeon-general, forty-five hundred 
dollars; and the adjutant-general may hereafter employ such 
additional clerks and assistants as the business of his depart- 
ment may require, at a salary not exceeding eleven hundred 
dollars per annum for each person employed, the appoint- 
ment and compensation of the service to be first approved 
by the governor, and the latter payable from the date of 
appointment. 

For the compensation and expenses of the commissioners 
on the state house, authorized by chapter eighty-seven of the 



1866.— Chapter 299. 287 

resolves of the present year, a sum not exceeding three 
thousand dollars. 

For incidental exijenses of the insurance commissioner, a insurance com- 

, Trillin missioner, inci- 

sum not exceednig two hundred dollars. dentals. 

For the mileage of Roger H. Leavitt, as a member of ^■. h- Leavitt, 
the present legislature, a sum not exceeding twenty-six ™""'^®' 
dollars. 

The balance of the appropriation made in chapter thirty- Quartermaster's 
nine of the acts of the year eighteen lumdred and sixty-five, priatio^n'ofTses 
for quartermasters' supplies is hereby made applicable for '°*PP'y- 
the same purpose during the present year. 

The appropriation made in chapter seventy-three of the acts sheriffs, for send- 
of the present year, to sheriffs, for the distribution of blanks construed.^' ^°^ 
and return of votes, shall be held to include proclamations. 

The appropriation made in chapter eighty-eight of the Rain?ford island 
acts of the present year, for expenses of the hospital at seT^traAs^porta- 
Rainsford Island, shall be held to include transportation for '''°°" 
said institution. 

The appropriation made in chapter seventy-three of the Military contin- 
acts of the present year, for the contingent fund of the goTernoT may 
governor and council for military purposes, shall be held to clerical 'se^rvice 
include such extra clerical service and other contingent ^^^ expenses, 
expenses of the executive department as the governor may 
deem necessary. 

The appropriations made in chapters seventy-three and Attorney-general 
eighty-eight of the present year, for expenses of the offices of bie, expenses of 
the attorney-general and of the constable of the Common- trnge"nts'!'^^ ''°°' 
wealth, shall be held to include such contingent expenses as 
may be necessary for said offices ; and the salary of said constable's 
constable shall hereafter be paid monthly. ^'^ ^'^^' 

The appropriation made in chapter eighty-eight of the acts Indians, appro- 
of the present year, for expenses incurred on account of fndude"^ guar- 
Indians, shall be held to include the salary of the guardian anTexpensi"^ 
of the Christiantown and Chappequiddic Indians, and such 
other expenses on account of Indians as are authorized by 
statute. 

The unexpended balance of the appropriation made in s. j. court term 
chapter thirty-nine of the acts of the year eighteen hundred "P""'^- 
and sixty-five, for term reports, is hereby made applicable to 
the same purpose for the present year. 

The appropriations heretofore made for exj^enses of the Military depart- 
departments of the quartermaster-general and master of ^pTropHaYionT 
ordnance, for expenses of the surgeon-general's department, ^'"'^^^°'"^- 
and for the compensation of the adjutant-general's extra 
clerks and messenger, shall be held applicable to the same 



288 



1866.— Chapter 300. 



purposes under the provisions of this act and of chapter two 
hundred and nineteen of the acts of the present year. 
Section 2. This act shall take effect upon its passage. 

Approved May 30, 1866. 

Chaj). 300 -^^ ^^"^ "^^ AUTHORIZE AN ADDITIONAL INCREASE OF THE CAPITAL 
"' STOCK OF THE WESTERN RAILROAD CORPORATION. 

Be it enacted., ^c, as follows: 

Section 1. The Western Railroad Corporation is hereby 
authorized to increase its capital stock by an amount not 
exceeding three million eight hundred and fifty thousand 
dollars by adding thereto an additional number of shares, 
not exceeding thirty-eight thousand five hundred and fifty 
shares of one hundred dollars each ; so that the entire 
capital stock of said corporation shall amount to ten millions 
of dollars. At least one million eight hundred and fifty 
thousand dollars of said increased capital stock, or the pro- 
ceeds thereof, shall be applied toward the construction of 
the bridge over Hudson river, the completion of the double 
track of the railroad of said corporation and the equipment 
of said road. And said corporation shall, from the proceeds 
of said new issue of stock, complete the construction of said 
double track within two years from the passage of this act, 
and provide all suitable and necessary equipment therefor. 
And no more than eighteen thousand five hundred shares 
shall be issued prior to January first, in the year eighteen 
hundred and sixty-seven. 

Section 2. Before any sale of the new shares authorized 
to be created by this act, the directors of said corporation 
shall give notice in writing of such authorized increase to 
the treasurer of the Commonwealth and to the other stock- 
holders, and within thirty days after such notice, the Com- 
monwealth and the other stockholders may take at the par 
value thereof, their proportion of such increased shares, 
according to the number of shares in such capital stock 
owned by them severally at the date of such increase. And 
if any shares then remain unsold, the said corporation may 
dispose of the same at not less than the par value thereof. 

Section 3. When notice of any such increase of capital 
stock shall be given to the treasurer of the Commonwealth, 
the governor, with the advice and consent of the council, is 
hereby authorized to instruct the treasurer to take the pro- 
portion of shares to which the Commonwealth may be 
entitled, or any part thereof, and the governor, with the 
advice and consent of the council, may draw his warrant on 
Treasurer may the trcasurcr in payment therefor ; and such temporary loans 

obtain loan. 



May increase by 
adding $3,850,- 
000 to present 
capital. 

Shares. 



Aggregate capi- 
tal. 



Application of 
portion of in- 
crease defined. 



Construction of 
double track. 



Issue of shares. 



Directors to noti- 
fy present share- 
holders, who may 
take at par value 
proportional 
sums of new 
issue. 



Upon notice to 
treasurer of Com- 
monwealth, gov- 
ernor may in- 
struct action. 



Chaj}. SOI 



1866.— Chapter 301. 289 

are hereby authorized to be obtained by tlie treasurer as 
may be necessary for the payment of the amounts thus 
drawn for. 

Section 4. Nothing contained in this act shall in any ^^j^ °j,°'ji'4tg"j 
manner affect or impair the right of the Commonwealth to state. 
purchase the said railroad, franchises, property, rights and 
privileges of said corporation. 

Section 5. The Western Railroad corporation shall ticket corporation ; cer- 

,,, i-np-i,, n 1 tain duties of and 

passengers, check baggage, way-bill ireight, transier cars and restrictionsupon. 
give equal facilities for the convenient transfer of passengers 
and freight to and from all connecting railroads, and shall 
make no unequal discrimination for or against either of said 
railroads in its joint through passenger and freight rates or 
in the division of said rates. 

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

Approved May 30, 1866. 
An Act in addition to an act making appropriations to meet 

CERTAIN expenditures AUTHORIZED THE PRESENT YEAR, AND 
FOR OTHER PURPOSES. 

Be it enacted, §"c., as follows : 

Section 1. The sums hereinafter mentioned are appro- Appropriatioas 
priated to be paid out of the treasury of this Commonwealth 
from the ordinary revenue, except in cases otherwise ordered, 
for the purposes specified in certain acts and resolves of the 
present year, herein cited, and for other purposes, to wit : 

In the resolve relating to the claims of H. Hauijt and commissioners 

/-N ^1 • -I /«.'"' claims of H. 

ComiDany, for the compensation and exi^eiises of commis- Haupt & co. 

, J- ,1 ,1 Tin ^ • M. Res. 1866, 96. 

sioiiers, a sum not exceeding three thousand dollars, subject 
to the direction of the governor. 

In the resolves in favor of the door-keepers, messengers Door-keepers and 
and pages of the senate and house of representatives, a sum Res.^ isee/ioi, 
not exceeding fifty-nine hundred dollars, in addition to the ^°°' 
amount heretofore appropriated. 

In the resolve establishing the compensation of the mem- Legislature, com- 
bers of the senate and house of representatives, at the present Res. isee.'gg. 
session thereof, a sum not exceeding eighty-three thousand 
dollars, viz. : for the compensation of senators, twelve thou- senators. 
sand five hundred dollars ; and for the compensation of Representatives, 
representatives, seventy thousand five hundred dollars, the 
same to be in addition to the appropriations heretofore made. 

In the resolve establishing the compensation of the chap- chaplains. 
lains of the senate and house of representatives, and of the Lieutenant-gov- 

T, , ^ ,. '■ •■! n .1 , ernor and coun- 

lieutenant-governor and executive council, for the present cii. 
year, a sum not exceeding forty-two hundred dollars, in ^^'' ^^^^' ^^" 
addition to the amount heretofore appropriated. 



290 



1866.— Chapter 301. 



Watchmen and 
governor's assist 
ant-messenger. 
Res. 1866, 100. 



Assistant-clerks 
legislature. 
Res. 1S66, 102. 



Publication list 
of soldiers. 
Res. 1866, 93. 



Municipal court 

Boston. 

Acts 1S66, 279. 

Salaries certain 

ofiScers. 

Acts 1866, 298. 



Committees in 

recess. 

G. S. 15. 



Adjutant-gener- 
al, clerks. 



Aid to soldiers' 
families by towns, 
re-imbursement. 



Election precept. 



Commissioners, 
pay of certain. 



C. B. Fox, Edw'd 
Southworth. 



Clerk of House, 
printing journal. 



State police, ap- 
priatioQ defined. 



In the resolve establishing the compensation of the watch- 
men of the state house, and of the assistant-messenger of the 
governor and council, for the present year, a sum not 
exceeding eighteen hundred and thirty-five dollars, in 
addition to the amount heretofore appropriated. 

In the resolve relating to the compensation of the assistant- 
clerks of the two branches, a sum not exceeding twelve 
hundred and tweniy-five dollars. 

In the resolve relating to the publication of the list of 
Massachusetts officers and soldiers, a sum not exceeding 
twenty thousand dollars. 

In the act establishing the municipal court of the city of 
Boston, a sum not exceeding ten thousand dollars. 

In the act in relation to the salaries of certain state officers, 
a sum not exceeding fifty-nine thousand six hundred dollars, 
in addition to the appropriations heretofore made. 

For the compensation and expenses of committees appointed 
to sit during the recess of the legislature, a sum not exceed- 
ing fifteen hundred dollars, in addition to the amount 
heretofore appropriated. 

The following sums shall be allowed and paid : 
For such additional clerical assistance as the adjutant- 
general may find necessary, a sum not exceeding two 
thousand dollars, in addition to the amount heretofore 
appropriated. 

For the re-imbursement to cities and towns of aid fur- 
nished to the families of Massachusetts volunteers in the 
year eighteen hundred and sixty-three, a sum not exceeding 
five hundred dollars. 

For expenses of serving a legislative precept for an elec- 
tion, a sum not exceeding five dollars and fifty cents. 

For the compensation and expenses of commissioners 
authorized by law to be appointed during the present year, a 
sum not exceeding two thousand dollars. 

For the compensation of Charles B. Fox and Edward 
Southworth, as meml^ers of the house of representatives at 
its present session, each one hundred and seventy-one dollars, 
in addition to the amount heretofore ai)propriated in their 
favor. 

To the clerk of the house of representatives, for copying 
the journal for the press, and superintending its publication, 
as ordered by the house, one hundred dollars. 

The appropriation for compensation and expenses of the 
state police, as authorized by chapter two hundred and sixty- 
one of the acts of the present year, shall be in addition to 
appropriations previously made. 



1866.— Chapter 301. 291 

The provisions of section forty-four of chapter fifteen of Affidavits with 
the General Statutes are hereby so extended as to require g. s. 15, f «. 
the affidavit therein provided for to be attached to all bills 
or schedules for articles furnished to or for the Common- 
wealth. 

The governor is hereby authorized to draw his warrant on Troy and Green- 
the treasurer of the Commonwealth, from time to time, for g^c Tu'nnei, gov- 
such sums as may be necessary to meet the expenses provided "°°gy under ^h^ 
for in the appropriation made in chapter two hundred and 293, isee. 
ninety-three of the acts of the present year ; and the treas- Treasurer to bor- 
urer is authorized, under the direction of the governor and '^°"^" 
council, to borrow the amount of said appropriation in 
anticipation of raising the same in the manner provided in 
said act. 

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

Approved May 30, 1866. 



RESOLVES, 

GEInEEAL A2TD SPECIAL. 



Resolve IX RELATioxTO THE STATE HOUSE. Chap. 1. 

Resolved, That the sergeant-at-arms be and he is hereby Alterations in 
authorized and directed to erect a partition in the basement at°a™ms^to^make. 
room of the west wing of the state house now occupied as a 
document room by the secretary of the Commonwealth, and 
also enlarge the easterly room now occupied by the pay- 
master-general, for the better accommodation of committees, 
and the sum of three hundred dollars is hereby appropriated Appropriation, 
therefor. Approved January 31, 1866. 

Resolve in favor of the bostox insurance company. Chap. 2. 

Resolved, For reasons set forth in the petition of the Bos- Re-imbursement 
ton Insurance Company, of Boston, that there be allowed and ^enT ortoxes^ 
paid out of the treasury of the Commonwealth to said com- authorized. 
pany, the sum of one hundred and ninety-five dollars and 
eighty-nine cents in full for taxes overpaid to the state treas- 
urer for the sis months ending May first, eighteen hundred 
and sixty-five. Approved February 6, 1866. 

Resolve in favor of william t. mcneill. Chap. 3. 

Resolved, That there be allowed and paid out of the Appropnat 
treasury of the Commonwealth to William T. McXeill, and 
the same is hereby appropriated, the sum of nyiety-six dol- 
lars, for twenty-four days' attendance at the present session 
of the general court, and also five dollars for mileage. 

Approved February 6, 1866. 

Resolve concerning the mileage and monthly compensation QJn^n A 

OF MEMBERS OF THE LEGISLATURE. -^ * 

Resolved, That there be paid out of the treasury of the Mileage. 
Commonwealth, to each member of the legislature, one dol- 
lar for every five miles' travel, once in each session, from the 
place of his abode to the place of the sitting of the general 



for services as 
representative. 



294 



1866.— Chapters 5, 6, 7. 



Attendance. 



Chap. 



0. 



May borrow 
when necessary. , 



Interest. 



Payment. 



court ; and at the end of every month during its session, at 
the rate of three dollars per day, for each day's attendance ; 
and each member shall certify to the clerk, in writing, a 
statement of the number of days he has been in attendance 
during the month, and the clerk shall certify the same to 
the treasurer of the Commonwealth. 

Approved February 14, 1866. 

Kesolve authorizing the treasurer to borrow money in 
anticipation of the revenue. 

Resolved, That the treasurer of this Commonwealth be, 
and he hereby is autliorized to borrow, in anticipation of the 
receipts of the present year, such sums of money as may 
from time to time be necessary for the payment of the ordi- 
nary demands on the treasury, at any time before the expi- 
ration of fifteen days after the meeting of the next general 
court, at such rate of interest as shall be found necessary, 
not exceeding seven and three-tenths per centum per annum, 
and that he repay any sum he may borrow as soon as money 
sufficient for the j)urpose and not otherwise appropriated 
shall be received into the treasury. 

Approved February 15, 1866. 



Chap. 6. 



Treasurer, how 
to dispose. 



Resolves in relation to the interest of the recruitment 

FUND. 

Resolved, That the treasurer of the Commonwealth is 
hereby authorized and directed to pay to Henry K. Oliver, 
the late treasurer, the sum of five hundred dollars, from the 
interest in his hands realized from the recruitment fund, for 
the services of said Oliver, as custodian of said fund, and to 
pay the balance of said interest, amounting to ninety-three 
hundred dollars, to the paymaster-general of the Common- 
wealth, the same to be subject to the order of the governor. 
Resolved, That all just debts of the board of recruitment 
now outstanding, including a suitable compensation to any 
member of the board for services and expenses, sliall be paid 
from said si;m of ninety-three hundred dollars, and that the 
Use of balance to balaucc tliercof shall be expended for the benefit of Massa- 
and famiiie°s. ^'^^ cluisotts sick aud disabled soldiers and their families, in such 
manner as the governor may direct. 

Approved February 15, 1866. 



Debts of board to 
be paid. 



Chap. 7. 



EeSOLVE in favor of CROMWELL G. ROWELL. 

Pay for services Resolved, That thcro be allowed and paid to Cromwell G. 

asrepresentatiye. j^^wcll, tlic sum of ouo hundred and sixly-cight dollars, for 
forty-two days' attendance at the present session of the 
legislature. Approved February 19, 1866. 



1866.— Chapters 8, 9, 10. 295 

Resolve to authorize the sale of the real estate of the Chcip. 8. 

UXIVERSALIST SOCIETY IN ANDOVER. -^' 

Resolved, That, for reasons set forth in their petition, and certain pew- 

-. ' .,, i • 1 1 -I owners may sell 

in accordance with an agreement signed by a very large andconyey. 
proportion of all parties interested, Willard Pike, James H. 
Cocliran and Henry Biirtt, pevr-owncrs in the Universalist 
meeting-hoiise in Andover, be and are hereby authorized to 
sell, either at public or private sale, and to make, execute 
and deliver a deed or deeds to convey the whole or any part 
of the real estate of the Universalist society in Andover ; said Estate. 
estate consisting of the meeting-house formerly occupied by 
said society, situated on the corner of Main street and 
Punchard avenue, together with the land under and adjoin- 
ing the same : provided, that previous to such sale, the pews Proviso : pews to 
m said meeting-house shall be appraised by three disinterested net proceeds 'divi- 
persons appointed by the aforesaid authorized grantors, and Tahiel" '^"'" *° 
that after such sale, the payment of all liabilities of the 
society, and of the necessary expenses incurred, the net pro- 
ceeds of the sale shall be distributed amongst the pew-owners, 
in propo;."tioii to the appraised value of their several pews. 

Approved February 20, 1866. 

Resolve on the petition of the salem savings bank. Ckcip. 9. 

Resolved, For reasons set forth in its petition, that the Trustees may 
Salem Savings Bank be authorized to take and to keep on annuityonde"^ 
deposit the annuity bequeathed to the trustees of the Salem §°rectjngf' ^'°"''' 
Savings Bank in trust under the will of Thomas F. Odell, 
and any sum of money which may be taken in compounding 
said annuity, and to hold the same, and the income and 
interest which may accrue thereon, so long as the supreme 
judicial court shall direct. Approved February 20, 1866. 

Resolve authorizing the temporary loan of certain military Chap. 10. 

overcoats and caps to the seventh regiment MASSACHUSETTS 
VOLUNTEER MILITIA. 

Resolved, That the quartermaster-general be authorized, Quartermaster- 
by and with the approval of the commander-in-chief, to loan nor^pro?rngi 
temporarily to the seventh regiment of the volunteer militia, pLrade'."'''' ^"^ 
known as the Boston Light Infantry Eegiment, such military 
overcoats and caps belonging to the Commonwealth as the 
said regiment may require; to enable it to make a public 
parade on the occasion of the approaching anniversary of the 
birth of Washington : j)rovided, that the commanding officer Proviso. 
shall give satisfactory security for the safe return of said 
coats and caps immediately after said parade. 

Approved February 21, 1866. 



296 1866.— Chapters 11, 12, 13, 14, 15, 16. 

Chap. 11. Resolve in favor of the savings institution in the town of 

■^ * * CAMBRIDGE. 

Re-imbursement Resolvcd, Foi' rcasoiis set forth in the petition of the 
p°aid,auTho?rz'ed. Savings Institution in tlie Town of Cambridge, that tliere be 
allowed and paid out of the treasury of the Commonwealth, 
to said institution, the sum of ninety-one dollars and fifty-six 
cents, in full for taxes overpaid to the state treasurer, for the 
year eighteen hundred and sixty-four. 

Approved March 2, 1866. 

Chap. 12. Resolve in favor of increase n. emerton. 

Allowance of $52 Resolvccl, For roasous set forth in the petition of Increase 
authorized. -^^ Emcrtou, that there be allowed and paid out of the 
treasury of the Commonwealth to said petitioner, the sum of 
fifty-two dollars. Approved March 2, 1866. 

Chap. 13. Resolve in favor of lewis r. haskell. 

Allowance of Rcsolved, For the reasons set forth in the petition of Lewis 

bouity^un'der R. Haskcll, of Amlicrst, that there be allowed and paid to 

Act of 1863. gg^ifi petitioner the sum of three hundred and twenty-five 

dollars in full for state bounty, as provided for by act 

approved the eighteenth day of November, in the year 

eighteen hundred and sixty-three. Approved March 2, 1866. 

Chap. l-l. Resolve in favor of the hampden fire insurance company. 
Re-imbursement Resolvecl, That for rcasoiis set forth in the petition of the 
oTtase's.'"^"''"* Hampden Fire Insurance Company of Springfield, there be 
» allowed and paid out of the treasury of the Commonwealth 

to said company, the sum of two hundred and seventeen 
dollars and seventeen cents, in full, for taxes overpaid by 
said company to the Commonwealth, for the six months 
ending on the first day of November, in the year one thou- 
sand eight hundred and sixty-five. Approved March 3, 1866. 

Chap. 15. Resolve in favor of Patrick a. o'connell. 

Allowance of S65 Rcsclved, That there be paid to Patrick A. O'Conncll the 
sm'geon^oTre^- tlic sum of sixty-fivc dollars, for services rendered as surgeon 
™®'''- of the twenty-ninth regiment of Massachusetts volunteer 

militia, from the twenty-fifth day of October to the sixth day 
of November, in the year one thousand eight hundred and 

sixty-one. Approved March 3, 1866. 

— _ , . 

Chap. 16. Resolve in favor of barnard c. marchant, guardian of 

certain INDIAN TRIBES IN DUKES COUNTY. 

Allowance of RcsoIved, For roasous set forth in the petition of Barnard 

chri3t?fntown° C. Marcliaut, guardian of the Christiantown and Chappe- 
indians. quiddic tribes of Indians, that there shall be allowed and 



1866.— Chapters 17, 18. 297 

paid out of the treasury of the Commonwealth, to said 
guardian, the sum of two hundred dollars, or as much of 
the same as may be necessary for the support of certain 
members of the Christiantown tribe mentioned in said peti- 
tion ; also that there be allowed and paid to said guardian aiso, s29 for 
from the treasury of the Commonwealth, the sum of twenty- pequidoic*'' ^^ 
nine dollars for expenses incurred by him for the support, 
and the burial of Nclley Joseph, of the Chappequiddic tribe, 
as set forth in said petition. Also, that there be allowed and aiso si04 in aid 

K-,^-,t^-,.y~^ . of schools of said 

paid out 01 the school lund ot this Commonwealth, to the tnbes. 
guardian of 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-six. 

Approved March 9, 1866. 

Eesolve for the payment of expexses under the laws for QJjnj) 17 

THE EXTIRPATION OF THE CATTLE DISEASE. -^ * 

Resolved, That there be allowed and paid out of the Payment of S20,- 
treasury of the Commonwealth the sum of twenty thousand ^^ ''^'^°''^^^- 
dollars, or so much thereof as may be necessary, to defray 
any expenses that may be or may have been incurred under 
existing laws for the extirpation of contagious diseases 
among cattle ; and the governor is hereby authorized to 
draw his warrant therefor: provided, that no cattle shall be Provisos: cattle 
killed, under existing laws of the Commonwealth relating but b°y''ordero'f 
to contaonous diseases amono- cattle, unless by order of the governor, and 

o T771 !• •• commissioners 

governor and council; ana provided, also, that investigation to report. 
and report upon the curability of the disease shall be made 
by the commissioners. Approved March 15, 1866. 

Resolve to authorize the temporary loan of certain Ohon. 18. 

MILITARY OVERCOATS AND CAPS. ^ 

Resolved, Tliat the quartermaster-general be authorized, Quartermaster- 
by and with the approval of the commander-in-chief, to loan fpp?oviu|°^^mav 
temporarily to the fortieth, forty-sixth, fifty-second, fifty-third, ^entsfor'^^radl: 
fifty-sixth and sixty-seventh unattached companies of the 
volunteer militia, such military overcoats and caps belonging 
to the Commonwealtli as the said companies may require to 
enable them to make a public parade on the seventeenth 
day of March current : provided, that the commanding Proviso, 
ofiicers of said companies shall give satisfactory security for 
the safe return of said overcoats and caps immediately after 
said parade. Ajyproved March W, 1866. 

45 



298 1866.— Chapter 19. 

Chap. 19. Resolve upon the petition of the emigrant industrial savings 

BANK. 

Preamble: bank Whercas, Thc Emigrant Industrial Savings Bank, a cor- 
bondsofcom- popation established by the laws of the state of New York, 
monweaith. -g -^^ possession of, aud claims to be the legal owner of five 
bonds of the Commonwealth for the payment of one thou- 
sand dollars each, with interest coupons attached for each 
six months' interest, all of which bonds are dated October 
the first, in the year eighteen hundred aud sixty-one, payable 
as- follows : namely, three on the first day of July in the year 
eighteen hundred and seventy-six, one on the first day of 
July in the year eighteen hundred and seventy-four, and 
one on tlie first day of July in the year eighteen hundred 
and seventy-one, and with interest semi-annually with cou- 
pons attached ; and 
Citizen^ claims to Wlierecis W. S. Houghtou, of Boston, also claims to be 
the legal owner of the same bonds, and entitled to the sums 
due thereon, upon the ground that the same were stolen 
from him; and 
of"numberT"°° ' l^^^'^''^'^'^" it IS alleged by said Houghton that the number- 
ing of said bonds since the same were stolen, has been frau- 
dulently altered, so that the same are void as against the 
Commonwealth ; aud 
hoid"bonds'of Whereas other parties holding bonds of the Commou- 

like numbers, wcaltli numbcrcd like those in possession of the said savings 
bank, claim that their said bonds are original, unaltered 
bonds of the Commonwealth : therefore, for the purpose of 
determining whether any, and if any, which of said bonds 
have been so fraudulently altered as to be void against the 
Commonwealth, or, if otherwise, then to whom said bonds 
now held by said savings bank belong, and are payable by 
the Commonwealth, 
Sry'ofbTd" Resolved, That whenever the said Emigrant Industrial 
by bank to treas- gaviugs Baiik sliall dclivcr said bonds held by them to the 
torney general to trcasurcr aud receiver-gcncral of tlie Commonwealth, with 
^uity. ^"'' ™ the interest coupons attached, to abide the judgment of the 
court in the suit hereinafter provided for, and shall notify 
said treasurer and receiver-general that it has duly consti- 
tuted and appointed an attorney, within this Commonwealth, 
to receive service of process, and appear in the suit herein- 
after mentioned ; the attorney-general is, hereby directed to 
commence such suit in equity, in the supreme judicial court 
for the county of Suffolk as may be proper, in the name and 
in behalf of the Commonwealth, against all the claimants of 
said bonds lield by said savings bank and against said other 
parties, to compel such jjarties to come into court and inter- 



1866.— Chapters 20, 21, 22. 299 

plead, and also establish as well against the Commonwealth 

as against each other, the validity of said bonds and their 

respective rights and claims thereto ; and the said bonds so Bonds, if void, 

deposited in the hands of the treasurer and receiver-general, °^ ^p^^^- 

shall, in case the same are declared void by the court as 

against the Commonwealth, by reason of the fraudulent 

alteration thereof since the same were stolen, be delivered to 

said Houghton, and, with the interest warrant thereon, paid 

to him according to their tenor. But if said bonds shall not fo„\.t^J?''^^°''^' 

be deemed void by the court, the same shall be delivered owner. 

to such party as by decree of the court in such suit shall 

be deemed entitled to the same, upon the payment by such 

party of the costs of the Commonwealth in said suit. 

Approved March 19, 1866. 

EesOLVE IX FAVOR OF SCHOOLS AMONG THE INDIANS OF Ckni). 20. 

GAY HEAD. 

Resolved, That there be allowed and paid, out of the ^"^g^'fj'Jf^^f^ooi 
moiety of the income of the school fund applicable to educa- fund^forsup- 
tional purposes, to John Mayhew of Edgartown, the sum of ^°'^'* 
one hundred and forty-nine dollars, to be applied to the sup- 
port of schools among the Indians of Gay Head, during the 
year eighteen hundred and sixty-six ; and said Mayhew shall ^^p°''' "^i^"^**- 
make a return of the expenditure of this money and the con- 
dition of the schools to the governor and council previous to 
the next session of the legislature. 

Approved March 19, 1866. 

Resolve in favor of the district of marshpee. Chap, 21, 

Resolved, That there be allowed and paid out of the treas- -^^^l^f °? 
ury of the Commonwealth, to the present treasurer of the people of district 
district of Marshpee, the sum of two hundred and eighty- •'^ "^®^'^«'^- 
three dollars and forty cents, in full payment for all claims of 
said treasurer for aid furnished to Indians and people of color 
in the district of Marshpee, during the year eighteen hundred 
and sixty-five. Approved March 21, 1S66. 

Resolve in favor of solomon c. howl and, treasurer of the Chan. 22. 
district of marshpee. 

Resolved, For reasons set forth in the petition of the Allowance of 
selectmen of the district of Marshpee, that there be allowed out byTouuty 
and paid from the treasury of the Commonwealth to Solomon Bam^tabL'!^" °^ 
C. Howland, treasurer of the district of Marshpee, the sum of 
five hundred dollars, the same to be expended by said treas- 
urer, or as much thereof as may be necessary to construct a 
road in said district, laid out by the county commissioners of 



300 1866.— Chapters 23, 24, 25. 

Report required. tliG countj of Bamstable : provided, that said Howland shall 
make a return of the expenditure of this money in his next 
annual report to the legislature. 

Ajyproved March 21, 1866. 

Chat). 23. Resolve on the petition of Florentine w. felton, administra- 

* ' ' TOR WITH THE WILL ANNEXED, OF THE ESTATE OF RICHARD BRUCE, 

LATE OF BOSTON, DECEASED. 

Distribution of Resolvcd, For reasons set forth in the said petition, that 
proper y au or- pjQpQj^^j^g y^ Peltou, administrator and trustee with the will 
annexed, of the estate of Richard Bruce, late of Boston, 
deceased, be and he hereby is authorized and empowered to 
distribute among the heirs of said Bruce, or their legal repre- 
sentatives for them, the sum of three hundred and forty-three 
dollars and fifty-eight cents, the amount of the estate of said 
Bruce now remaining undistributed in the hands and posses- 
sion of the said Florentine W. Pelton, and that the receipt of 
the said heirs, or their legal representatives for them, for said 
sum of three hundred and forty-three dollars and fifty-eight 
cents, shall be and constitute for said Florentine W. Pelton, 
both as administrator and as trustee, as aforesaid, and for his 
bondsmen or sureties, a full and sufficient release and dis- 
charge, on the part of the heirs and all other parties claiming 
under them, to the estate of said Bruce. 

Approved March 21, 1866. 

Chap. 24. Resolve in favor of ciiarles b. fox. 

Appropriation Resolved, That there be allowed and paid, and the same is 
represeTtatiye. hcrcby appropriated, to Charles B. Fox, the sum of one hun- 
dred and thirteen dollars, in full, for balance of compensa- 
tion due him for seventy-one days' services at the present 
session of the legislature, as a representative from the fifth 
Norfolk district. Approved March 21, 1866. 

fQJldj) 25 I^ESOLVE in relation to THE ESTATE OF WILLIAM PINK, DECEASED. 

Treasurer may Resolved, That thc trcasurcr and receiver-general be and 

lec^ure^ payment hc is hcrcby authorizcd to execute to the administrator of the 

weauh?""""^' estate of William Pink, deceased, and to the treasurer of the 

Suffolk Savings Bank for seamen and others, such papers as 

will secure to the Commonwealth the payment of sucli moneys 

as are due the CoAimonwealth from the estate of said Pink. 

Approved March 22, 1866. 



1866.— Chapters 26, 27, 28, 29, 30. 301 

Resolve in uelatiox to the census returns of the towns of QJidp, 26. 

MILFORD AND DKERFIELD. -^ 

Resolved, That the secretary of the Commonwealth is secretary may 
hereby authorized and instructed to substitute the amended ameuded for 
census returns of the towns of Milford and Deerficld, for the °''^''"'^ "'"'°'- 
year eighteen himdred and sixty-five, in place of the original 
returns made by said towns. Approved March 26, 1866. 

Resolve relating to the price of board in state lunatic Chat). 27. 

HOSPITALS. •* ' 

Resolved, That there be allowed and paid to the several ^1'°'^*°"® "^ 
lunatic hospitals for the board of insane state paupers for the for current year. 
current year, a sum not exceeding three dollars and twenty- 
five cents per week, for each of said paupers. 

Approved March 26, 1866. 

Resolve in relation to the state library. Chap. 28. 

Resolved, That a sum not exceeding seven hundred dol- Allowance for 
lars be allowed and paid to defray the expense of providing *^'""^- 
additional cases and shelves in the state library ; and that Additional for 
the sum of two hundred dollars per annum, in addition to ^^^'^''"^'=®- 
the amount now authorized, be allowed and paid for assist- 
ance in the library ; said sums to be expended under the 
direction of the trustees and librarian. 

Approved March 28, 1866. 

Resolve in favor of the Worcester and the Hampshire, frank- Chat) 29 

LIN AND HAMPDEN AGRICULTURAL SOCIETIES. ■* ' 

Resolved, That the Worcester and the Hampshire, Frank- May draw boun- 
lin and Hampden Agricultural Societies be allowed to draw ilw°had been ob- 
from the treasury of the Commonwealth, the bounty for the ^«'^^'*^- 
year eighteen hundred and sixty-five, provided for by the pro- 
visions of the first section of chapter sixty-six of the General 
Statutes, in the same manner as if the requirements of said 
chapter had been complied with. Approved March 29, 1866. 

Resolve in favor of the discharged soldiers' home. Chap. 30. 

Resolved, That there be allowed and paid out of the Allowance of 
treasury of the Commonwealth, to the treasurer of the Dis- pora^^supVorT' 
charged Soldiers' Home, located in Springfield street, in the 
city of Boston, to be expended by the directors of the institu- 
tion in temporarily caring for and aiding disabled and 
destitute soldiers 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 Payments. 
time, in such sums as may be applied for by the president 
and two vice-presidents of said institution : provided, that Provisos, 
soldiers who have served in Massachusetts regiments shall 



302 



1866.— Chapters 31, 32, 33, 34. 



have the preference in the benefits of the same, and that the 
governor shall have power to send to said institution benefi- 
ciaries not exceeding twenty-five in number ; and provided, 
further, that the governor shall have power to appoint two 
Report required, trustccs of said iustitutiou. The officers of the institution 
shall report to 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 expenses of the institution, and the number of 
persons admitted and relieved during the year. 

Approved March 30, 1866. 



Chaj. 



0. 31. Resolve ix aid of the temporary asylum for discharged 

female prisoners. 



Allowance of 

S2,500. 



Proviso. 

Report to legis- 
lature. 



May borrow, witli 
approval of exec- 
utive. 



Resolved, That there be allowed and paid out of the treas- 
ury of the Commonwealth, the sum of twenty-five hundred 
dollars to the TemporarJ^ Asylum for Discharged Female 
Prisoners : provided, that a like sum shall have been realized 
by private donations. The advisory board of said asylum 
shall report to the next legislature an account of its receipts 

and expenditures. Approved March. 30, 1866. 

Chap. 32. Resolve to authorize the treasurer and receiver-general 

TO borrow money. 

Resolved, That to meet any exigency that may arise in 
the treasury of the Commonwealth, the treasurer and 
receiver-general is hereby authorized, with the approval of 
the governor and council, to borrow from time to time, for 
terms from one to three years, such sums as may be required, 
at a rate of interest not exceeding six per cent, per annum, 
payable semi-annually ; the principal and interest payable in 
the lawful currency of the United States. 

Approved April 7, 1866. 

Resolve in favor of edward southworth. 

Resolved, That there be allowed and paid to Edward 
Southworth, the sum of one hundred and eighty-one dollars, 
and the same is hereby appropriated, in full of balance due 
him as compensation for services as a member of the present 
legislature from the third Plymouth representative district. 

Approved April 7, 1866. 

Chap. 34. Rksolve in favor op the Massachusetts school for idiotic 

and feeble-minded youth. 

fnce'^of ism Resolved, That there be allowed and paid out of the 
for expenses'. trcasury of the Commonwealth, to the trustees of the Massa- 



How payable. 



Chap. 33. 

Appropriaton 
for services as 
representative. 



1866.— Chapters 35, 36, 37, 38. 303 

clmsetts 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 April 7, 1866. 

Resolve relatikg to the provincial laws. Chaj). 35. 

Resolved, That the governor and council are hereby Governor and 
authorized to expend a sum not exceeding fifteen hundred cure copTfor^de- 
dollars, for the purpose of procuring and placing in the office [^"^'Vofflce"^'*' 
of the secretary of the Commonwealtlj a copy of all the laws 
of the province of Massachusetts Bay, with such notes and 
references as shall be deemed expedient, and may draw a 
warrant or warrants therefor. Approved April 7, 1866. 

Resolve in aid of the perkins' institution and Massachusetts CIlCl)). 36. 

ASYLUM FOR THE BLIND. ^ * 

Resolved; That there be allowed and paid from the treasury Further aiiow- 
of the Commonwealth, the sum of four thousand dollars, to for'^LpLfet'.^^ 
the Perkins' Institution and Massachusetts Asylum for the 
Blind, to meet the necessary current expenses of that insti- 
tution, in addition to the amount already appropriated. 

Approved April 12, 1866. 

Resolve granting taxes to the several counties. Chap. 37. 

Resolved, That the sums placed against the names of the county taxes. 
several counties in the following schedule be, and the same 
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 dollars ; Bristol, sixty-three thousand dollars ; 
Essex, one hundred thousand dollars ; Dukes, three thousand 
dollars ; Franklin, twelve thousand dollars ; Middlesex, one 
hundred and twenty-five thousand dollars ; Hampshire, 
twenty thousand dollars; Hampden, thirty thousand dollars; 
Norfolk, seventy thousand dollars ; Plymouth, thirty thousand 
dollars ; Worcester, eighty thousand dollars. 

Approved April 12, 1866. 

Resolve concerning the disposition of the battle-flags. ChciD. 38. 
Resolved, That his excellency the governor be authorized Governor may 
to cause the battle-flags to be placed in the niches on the ITpLfiinTt 
north side of Doric Hall, and in the sides of the recess occu- J[^^f^ of Doric 
pied by the Washington statue, substantially in accordance 
with the plan submitted to the committee on battle-flags, by 
Alexander R. Esty, and by tliem approved ; and that after 
the flags have been so placed, they shall not be removed from 
the state house without permission of the legislature. 

Approved April 12, 1866. 



304 



1866.— Chapters 39, 40, 41, 42, 43. 



Chap 



Chap. 39. Resolve in favor of the towx of truro. 

Allowance of ' Rcsolvccl, For peasoiis set forth in the petition of the 

ff droJned "™' Selectmen and overseers of the poor of the town of Truro, 

bodies. ^i^r^i; there be allowed and paid out of the treasury of the 

Commonwealth, to said town, the sum of sixty-one dollars 

and twenty-five cents, which shall be in full for the expenses 

incurred in burying four dead bodies, washed ashore Sei> 

tember twenty-first and twenty-second in the year eighteen 

hundred and sixty-five. Approved April 12, 1866. 

40. Resolve in relation to the lunatic hospital at the state 
almshouse in tewksbury. 

Resolved, That there be allowed and paid out of the treas- 
ury of the Commonwealth a sum not exceeding ten thousand 
dollars for heating and furnishing the lunatic hospital at the 
state almshouse in Tewksbury ; and also a sum not exceeding 
three thousand dollars, in addition to the appropriations 
heretofore made for the construction of said hospital ; and 
for the compensation of the commissioners appointed to 
superintend the building of the same, a sum not exceeding 
five hundred dollars : provided, that properly approved 
vouchers for this and previous expenditures on said hospital 
shall be filed with the state auditor. 

Approved April 12, 1866. 

Resolve in favor of certain offici-RS of the state prison. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth to each of the subordinate 
officers of the state prison, excepting the deputy-warden, 
clerk, chaplain and physician, at the rate of two hundred 
dollars per annum, in addition to their present compensation 
for the current year. Approved April 12, 1866. 

Chap. 42. Resolve in favor of the Springfield home for friendless 

WOMEN AND CHILDREN. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, the sum of two thousand 
dollars to the Springfield Home for Friendless Women and 
Children : provided, that a like sum shall have been realized 
by private donation for the benefit of said institution. 

Approved April 12, 1866. 



Allowance for 
furnishing and 
heating, addi- 
tional for build- 
ing, and to pay 
commissioners 
on. 



Proviso. 



Chap. 41. 

Allowed S200 ad- 
ditional for cur- 
rent year. 



Allowance of 
S2,000; condi- 
tional. 



Proviso. 



Chap. 43. 

Allowance of 
$6,000 for gen- 
eral support. 



Resolve in favor of the washingtonian home. 
Ptesolved, That there be allowed and paid out of the treas- 
ury of the Commonwealth, to the treasurer of the Washing- 
tonian Home, to be expended by the directors for the 
charitable purposes of the institution, in providing a refuge 
for inebriates and means for reforming them, the sum of six 



1866.~CHArTERs U, 45, 46. 305 

tlioiisand dollars. Said directors shall report to the legisla- Directors to re- 
ture, in the month of January next, a detailed account of the ture. ° ^^'^*" 
manner in which this appropriation has been expended, the 
amount contributed by individuals, the total income and 
expenses of the institution, and the number of persons 
admitted, with the result of their treatment, so far as can be 
ascertained. Approved April 12, 186G. 

Resolve to authorize the purchase of Massachusetts term Chap. 44. 

REPORTS and other STATE PUBLICATIONS, FOR PRESENTATION 
TO SOUTH CAROLINA. 

Resolved, For reasons set forth in a messaore of his excel- secretary, with 

, ^, ' .-••£• .• p .1 approval Of gov- 

lency the governor, contannng niiormation Irom the governor emor, to pur- 
of South Carolina, of the loss, by fire, of its capitol library, mit!**^" 
that the secretary of the Commonwealth, with the approval 
of the governor, be, and he is hereby authorized and directed 
to purchase the several volumes of reports of decisions of the 
supreme judicial court of Massachusetts, and also such other 
official publications extant, as have heretofore been and are 
now by authority of law transmitted to the states and terri- 
tories by the secretary, and that he cause the same to be 
forwarded to the governor of South Carolina, together with a 

copy of this resolve. Approved April 12, 1SG6. 

Resolve to authorize the elders and deacons of the first Chap. 45. 
CHURCH in boston, as trustees, to release real estate. -* ' 

Resolved, Upon the petition of Rufus Ellis as elder, and Firstchurchin 

n i~w TT • 1 p 1 -rr /^i i • -r-. Boston author- 

(ieorge U. Harris as deacon, oi the First Church in Boston, iz«(i to release 
that said elder and deacon, or their successors in said offices, sel"nd win- 
be authorized and empowered to release the Sale farm, so ^^^°^' 
called, in North Chelsea and Winthrop, from the rent charge 
of ten pounds yearly, given in the will of James Penn, dated 
the twenty-ninth day of July in the year sixteen hundred and 
seventy-one, to the elders and deacons of said church, succes- 
sively, as trustees for charitable purposes, on their receiving 
satisfactory compensation therefor, and to execute and deliver 
to the owners of said farm, deeds of acquittance and discharge 
of said incumbrance ; and said elder and deacon and their 
successors, shall hold and invest the money paid for said 
release, upon the trust and for the purposes declared in the 
will of said Penn in relation to said rent charge of ten pounds 
yearly. Approved April 12, 1866. 

Rksolve in favor of jemima easton. Chan 46 

Resolved, For reasons set forth in the petition of Priscilla Allowance of 
Freeman, that there be allowed and paid out of the treasury tf^tnZx\llT\n. 
of the Commonwealtli, to the overseers of the poor of the 'Cisbury. 

46 



306 1866.— CHAFfERs 47, 48, 49, 50. 

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 April 1-2, 1866. 

Chap. 47. Resolve in favor of the marshpee schools. 

Additional allow- Resolvccl, That the sum of seventy-five dollars be allowed 

current yfa?. ^"^ and paid from the income of the Massachusetts School Fund 
for tlie present year, to the treasurer of the district of Marsli- 

condition. pee, for the support of the schools in that district ; the same 
being in addition to the sums now allowed for the support of 
said schools, and on condition that the inhabitants of that 
district shall also appropriate and expend for the use of said 
schools, during the present year, twenty-five dollars in 
addition to the sum now annually paid by them for that 
purpose. Approved April 16, 1866. 

Chap. 48. Resolve in favor of the city of lowell. 

Allowance to for Resolvcd, That there be allowed and paid out of the 
rent of armories. ^^^^^^^^^^ ^f ^j^^ Commonwcalth, to tlic City of Lowcll, for 

rent of armories for the years eighteen hundred and sixty- 
three and eighteen hundred and sixty-four, the sum of five 
hundred and fifty dollars. Approved April 16, 1866. 

Chap. 49. Resolve in favor of the Massachusetts cHAr.iTABLE eye and 

' * ' EAR infirmary. 

Allowance of Rcsolvcd, That tlic sum of thirty-five hundred dollars be 

reJt yean ''"''' allowcd aud paid from the treasury of the Commonwealth, to 
the Massachusetts Charitable Eye and Ear Infirmary, to be 
expended during the present year, under the direction of the 
trustees thereof, for the charitable purposes of said infirmary ; 
Report required, and that tlic Said trustccs 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 17, 1866. 

Chdip. 50. Resolve in favor of henry e. mccollom. • 

Allowance for RcsoIved, For rcasous set forth in the petition of the 

To^ 'wrtai^^'in- selcctmcn of the district of Marshpee and others, that there 
be allowed and paid out of the treasury of the Common- 
wealth, to Henry E. McCollom, the sum of one hundred 
dollars, in full payment for medical services rendered to 
pauper Indians of the district of Marshpee, for the years 
eighteen hundred sixty-four and eighteen hundred sixty-five. 

Approved April 17, 1866. 



dians in Marsh 
pee. 



1866.— CHArxERS 51, 52, 53, 54, 55. 307 

ReSOLVK IX FAVOn OF THE STATE OF RHODE ISLAND. CllCl)). 51. 

Resolved^ That there be allowed and paid to the state of Appropriation 
Rhode Island, and the same is hereby appropriated, the sum meutto' for^toi- 
of one hundred and eighty-five dollars and eighty-two cents, '*'*''■''' aiiotiuent. 
the same being for a soldier's allotment made to said state, 
and erroneously paid in the year eighteen hundred and sixty- 
four to another party. Approved April 20, 18G6. 

Resolve concerning commemorative tablets. Chap. 52. 

Resolved, That the governor and council are hereby Governor and 
authorized to take such measures as they may deem expe- cause ''to'^be 
dient to procure and cause to be placed on the westerly wall ^^[^'^ '"^ °°"° 
of the doric hall in the state house, tablets with suitable 
inscriptions thereon, commemorative of Massachusetts loyalty, 
patriotism and valor, as displayed dtiring the late rebellion 
against the government of the United States. 

Approved April 20, 1866. 

Resolve to authorize the temporary loan of military over- CIlG)). 53. 
coats and caps. 

Resolved, That the quartermaster-general be authorized JeTerai^uh ap- 
by and with the approval of the commander-in-chief, to loan prov.xi of gover- 
temporarily to company I, forty-second regiment, and the company for pub- 
fiftieth unattached company of infantry, Massachusetts volun- ^"^ ^""'*^*'' 
teers, such military overcoats and caps belonging to the Com- 
monwealth as said companies may require to enable them to 
make a public parade on Saturday the twenty-first day of 
April in the year eighteen hundred and sixty-six : provided, ProTiso. 
that the captains of said companies give satisfactory security 
for the safe and immediate return of such overcoats and caps. 

Approved April 20, 1866. 

Resolve in favor of the state lunatic hospital at CJiCip. 5-4. 

NORTHAMPTON. 

Fiesolved, That there be allowed and paid from the treas- Allowance of 
ury of the Commonwealth, to the trustees of the State pairs. 
Lunatic Hospital at Northampton, a sum not exceeding two 
thousand dollars, for the purpose of making necessary 
repairs on said hospital. Approved April 20, 1866. 

Resolve in favor of the fitchisurg railroad company. Chap. 55. 

Resolved, For reasons set forth in the petition of the Repayment of 
Fitchburg Railroad Company, that there be allowed and paid for°ax<.-rauthor- 
out of the treasury of the Commonwealth to said company, "^^.'^• 
the sum of two thousand one hundred and sixty-seven dol- 
lars and seventy-six cents, in full, for taxes over paid to the 
state treasury, for the year eighteen hundred and sixty-five. 

Ajyproved Aprd 20, 1866. 



308 1866.— Chapters 56, 57, 58, 59. 

Chan. b&. Rksolve in favok of the okiemtal coal oil company. 

Kestorement to Rcsolved, Foi' reasoiis sct forth in the petition of the 
asLTs"""'"''* Oriental Coal Oil Company, that there be allowed and paid 
from the treasury of the Commonwealth to James Adams, 
treasurer of said company, the sum of one hundred and 
sevenly-five dollars and sixty-five cents, in full, for taxes over- 
paid in the year eighteen hundred and sixty-five. 

Approved April 20, 1SG6. 

Chan. 57. Resolve coxcerxixg the railroad bridge across tauntox 
•^ great riveu, near somerset. 

Commissioner on Rcsolved, That Isaac Hinckley, esquire, heretofore 

building: before . . -, • • i ,i - t • t j.i 

accepting, to appouitcd commissioncr by the supreme judicial court to 
changes"by°oid siipcrintcnd the building of the bridge across Taunton Great 
^orrKaUwIi^co" Ri^'Gr, uudcr the provisions of the second section of chapter 
one hundred and one of the acts of the year eighteen hun- 
dred and sixty-four, be and he hereby is authorized and 
directed, before he shall finally accept said bridge and the 
draws therein authorized to be built by said section of said 
act, to cause such changes therein to be made at the expense 
of the Old Colony and Newport Railway Company, as he 
shall adjudge proper and necessary, having due regard to the 
safety, convenience and rights of all persons and corporations 
interested in said bridge and draws, and in the manner and 
form in which they are to be built, including all persons 
ProTiso. interested in the navigation of said river : provided, Jioivever, 

that this resolve shall not be construed to give said Hinckley 
power to change the length, width or direction of said 
bridge, or the length of the portion of it to be built on piles. 

Approved April 23, 1S6G. 

Chan. 58. Resolve in favor of milton lewis. 

Appropriation for Rcsulucd, That thcrc be paid to Milton Lewis, of "Ware, 
nesland funeral tlic suiu of thrcc huudrcd aud tcu dollars and sixty-six cents, 
erow) '.fs'Sidien ' thc samc bciug the amount due William Witherow, a member 
of Company D, of the tliirty-first regiment of Massachusetts 
Volunteers, he, the said Witherow, having deceased, and the 
amount aforesaid having been paid by said Lewis for expenses 
of his last sickness and burial ; and the same shall be paid on 
the pay-rolls in the offices of the treasurer and paymaster : 
and the same is hereby appropriated. 

Approved April 23, 1S6G. 

Chan. 50. Resolve jx favor of s. r. urbino. 

Allowance to for Resolced, That the treasurer of the Commonwealth is 
?/statebonr° hcrcby authorized and directed to pay to S. R. Urbino the 
amount of thirty dollars, the value of one coupon of Massa- 



1866.— Chapters 60, 61, 62, 63. 309 

chusetts bond, (union fund,) number thirteen hundred and 
fifty-six, payable on the first day of January in the year one 
thousand eight hundred and sixty-five, alleged to have been 
stolen in Octol)er in the year one thousand eight hundred and 
sixty-four ; said Urbino furnishing to said treasurer satisfac- security for re- 
tory security for the re-payment of the above amount, upon 
demand of said treasurer, made at the request of any person 
establishing to the satisfaction of said treasurer a legal right 
to the same. Approved April 23, 1866. 



payment. 



Chap. 60. 



RkSOLVE IX FAVOR OF THE GUARDIAN OF THE PUNKAPOG TRIBE OF 

INDIANS. 

Resolved, That there be allowed and paid out of the treas- Allowance to for 
ury of the Commonwealth, to the guardian of the Punkapog jersfns°^oT°the 
tribe of Indians, for the benefit of the following members of '"be. 
said tribe, to wit : for the benefit of Sally Burr, of Cam- 
bridge, the sum of fifty-two dollars ; for the benefit of Sally 
Burr, of Boston, and her son James Burr, the sum of fifty- 
two dollars ; for the benefit of Charlotte E. Myers, of Boston, 
one hundred dollars ; for the benefit of Rebecca Davis, of 
Boston, one hundred dollars ; and for the benefit of Isaac 
"Williams, the sum of fifty-two dollars in addition to the 
annuity now allowed for the benefit of said Williams. 

Approved April 25, 18GG. 



Resolve in favor of frank a. cady. Clia)) 61 

Resolved, That there be allowed and paid out of the Allowance to for 
treasury of the Commonwealth the sum of one hundred and gemrand*"ph"s^ 
fifty-four dollars and fifty cents, to Frank A. Cady of Pitts- <=■''" *» state 
field, in full compensation for his services as a surgeon and ^""^'^"' 
physician to certain state paupers. ■ Approved Ajml 25, 1866. 

Resolve in favor of daniel chapman. Chart (\'^ 

Resolved, For reasons set forth in the petition of Daniel Reimbursement 
Chapman, a deputy-sheriff within and for the county of pu^'ui^ngandlr! 
Berkshire, that there be allowed and paid out of the treasury '■^'""s fugitive. 
of the Commonwealth, to the petitioner, the sum of four 
hundred and thirty-nine dollars, in full for reimbursement to 
him of expenses incurred in pursuing into other states, 
arresting and bringing to justice in this state, a fugitive 
criminal. AppVoved April 25, 1866. 

Resolve in favor of frank g. turner and others. Chan 63 

Resolved, That there be allowed and paid out of the Allowance toin 
treasury of the Commonwealth to Frank G. Turner, Calvin bounty' ^'"^ 
McCrillis, xVrthur Hamblet, Philip Donahue and Gilbert A. 



310 1866.— Chapters 64, 65, 66, 67. 

Look, each, the sum of two hundred and seventy-five dollars, 
in full for state bounty, as provided by chapter two hundred 
and fifty-four of the acts of the year eighteen hundred and 
sixty-three. Approved April 25, 18G6. 

Ch(lt> 64. Resolve in favor of william f. wilder. 

Appropriation for Rcsolvecl, That thcrc bc allowed and paid, and the same is 

services as a sen. i^q^.qI,^ appropriated, to Wilfiam F. Wilder, the sum of three 

hundred and seventy-six dollars, in full for compensation due 

him for ninety-four days services at the present session of the 

legislature, as a senator from the Franklin district. 

Approved April 25, 1866. 

Chan 65 Resolves in relation to Plymouth harbor. 

Allowance au- ResoIvcd, That thorc be allowed and paid out of the fund 
cert"in'^fumi°for crcatcd by tho ouo hundred and eighteenth chapter of the 
protection of bar- ^Q^g ^f i\^q yg^r eighteen hundred and sixty-three, two thou- 
sand dollars to be expended upon Plymouth Beach, in the town 
of Plymouth, for the purpose of protecting the harbor of said 
town ; the same to be payable upon properly approved 
vouchers filed with the auditor. 
Selectmen to Resolved, That the selectmen of Plymouth, without any 

expen . expcusc 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 for such purpose. 
Duty of United ResoIvecL That the expenditure hereby authorized is in 

States dGcl3.rG(l 

anticipation of a duty which clearly liclongs to the General 
Government, and is now assumed by Massachusetts in the 
present exigency, relying upon ultimate reimbursement 
therefor. • Approved April 30, 1866. 

Chav. 66. Resolve concerning rainsford island hospital. 

Allowance for re- ResoIvcd, That thcrc be allowed and paid from the treas- 
at^island!''''"'"^ ury of the Commonwealth a sum not exceeding five thousand 
dollars to the inspectors of Rainsford Island Hospital, for the 
purpose of repairing and rebuilding tfio wharves at said 
Rainsford Island ; the same to be payable upon properly 
approved vouchers filed with the auditor. 

Approved April 30, 1866. 



Chap. 61. Resolves in relation to the establishment of boundary lines 

OF INDIAN LANDS AT GAY HEAD. 

Report of com- Resolved, That the report of Honorable Charles Marston, 

missioner on cer- -.ii •• ij • iniij. 

tain titles con- appomtcd aiKl commissioiied to examnie and imally to 
firmed. determine all the boundary luics of certain lands in the 



1866.— Chapter 68. 311 

Indian district at Gay Head, under chapter forty-two of the 
resolves of tlie year eighteen hundred and sixty-three, com- 
municated by message of the governor, dated March twenty- 
third in the year eighteen hundred and sixty-six, as to 
certain titles in said report described, is hereby confirmed, 
and the secretary of the Commonwealth is hereby directed to secretary to 
cause the book of titles prepared by said commissioner to be utyes^de^posited 
deposited in the registry of deeds for the county of Dukes r^glst^ry of^Dukls 
county, and to be also recorded in said registry ; and the c^ounty as con- 

•'" Trti 11111111 elusive evidence. 

said book and the record of the same shall be held to be con- 
clusive evidence of the title of the persons therein named to 
the premises therein described, and copies of said record, 
properly certified, shall be admitted as evidence of such title 
in any court. 

ResolvecL That the frovernor, with the advice and consent Governor may 

• I'll 1-1 1 ^ J. appoint commis- 

of the council, is hereby autlionzed and empowered to sioner to eom- 

appoint and commission some suitable person to complete risoive°o'f isea.''"^ 

the examination and determination of questions of title 

under said resolve, not passed upon by said commissioner, 

and such commissioner so appointed shall have all the 

powers in said resolve granted to the commissioner in said 

resolve, and the decision and finding of said commissioner so 

appointed, and his report thereof, when made to the governor 

and council, shall have all the force and effect of the decision, 

finding and report of the commissioner heretofore appointed 

and commissioned under said resolve ; and the report of said ^^^°l^^gf^^l 

commissioner, so made to the governor and council, shall be ^'^^ojf ed as 

by the secretary of the Commonwealth deposited in the 

registry of deeds for the county of Dukes county, and be also 

recorded in said registry ; and copies of said record, properly 

certified, shall be admitted as evidence of such titles in any 

court. Approved April 30, 1866. 



above. 



Resolve in relatiox to the xokth bridgewater baxk. Chap. 68. 

W7iereas, The stockholders of the Xorth Bridgewater Preamble: stock- 
Bank, on the second day of April in the year one thousand charter!""^" ^^ 
eight hundred and sixty-six, at a meeting legally held for the 
purpose, by a majority of the votes which all the stockholders 
could have cast if present, voted to surrender and annul the 
charter of said bank, in the manner required by the one 
hundred and fifth section of the fifty-seventh chapter of the 
General Statutes ; therefore, 

Resolved, That said bank shall be exempt from the Exempt from 
payment of the bank tax, from said date. 

Approved April oO, 1866. 



312 1866.— Chapters 69, 70, 71, 72, 73. 

Chap. 69. ReSOLVK IX FAVOR OF WILLIAM SAYWARD AXD AUGUSTUS LOTIIROP, 

COPARTNERS. 

Allowance for Rcsolvcd, FoF reasoiis set forth in the petition of "Wilham 

material in en- Sajwarcl and Augustus Lothrop, copartners, of Boston, that 
Cambridge':'''''''' thoro be allowed and paid out of the treasury of the Com- 
monwealth, to said petitioners, the sum of six hundred and 
fifty-six dollars and eighty-seven cents, in full compensation 
for extra labor and materials expended by reason of a change 
of plan ordered by the building committee of the executive 
council, in enlarging the state arsenal at Cambridge, in the 
year eighteen hundred and sixty-three. 

Approved April 30, 1866. 

Chop. 70. Resolve to provide for improvements at the state prison. 

Auowanceof Rcsolved, That there be allowed and paid out of the 

ing waiirenSrg- trcasury of the Commonwealth, a sum not exceeding five 

lug rooms, etc. thousaud dollars, for the purpose of erecting a stockade wall, 

enlarging the workshops and moving the stable at the state 

iiow paid. prison ; the same to be expended under the direction of the 

w\arden and inspectors of said prison, and payable upon 

properly approved vouchers filed with the aiiditor. 

Approved Mmj 2, 1866. 

Chap. 71. Resolve ix favor of daxiel cheslky. 

Allowance of Rcsoluecl, That tliere be allowed and paid out of the 

staui' bounty .""^ trcasury of the Commonwealth to Daniel Chesley, the sum of 

three hundred and twenty-five dollars, in full for state bounty 

due him as provided in chapter two hundred and fifty-four 

of the acts of the year eighteen hundred and sixty-three. 

Approved May 2, 1866. 

Chap. 72. Resolve in favor of the state almshouse at bridgewater. 

Allowance of Ecsolved, That there be allowed and paid from tlie treas- 

and chimneys, ury of thc Commouwcalth, to the inspectors of the state 

almshouse at Bridgewater, a sum not exceeding two thousand 

dollars, for the purpose of repairing and rebuilding the 

chimneys and oven at said almshouse. Approved May 9, 1866. 

Chap. 73. Resolve in relation to associations with limited liability. 
Governor may Resolved, That tlic govcmor, with the advice and consent 

appoint commis- n ,^ •^ ' ±1 • i j_ ' j_ ±^ • • 

sion of inquiry 01 tfic council, IS autiiorizcd to appoint tlu'ce commissioners, 
andMuntries!'*''^ ^'^^^ ^^^^^^ sciwc without compciisation, and shall examine 
into the laws of any other state or country, authorizing the 
formation of associations of persons for the transaction of 
any lawful business, with limited liability on the part of such 
persons, and report the result of their investigations, and 
whether such associations may be adapted to the wants of 
this Commonwealth, and may be established with benefit to 
the business interests of the state. Approved May 9, 1866. 



1S66.— Chapters 74, 75, 76, 77, 78. 313 

Resolve in relation to the public printing. Cliff}). 7-1. 

Resolved, That his excellency the governor is hereby Governor may 
authorized to appoint a commissioner to consider the whole simiTto examine 
subject of printing for the different departments of the ingfauVreport.'' 
Commonwealth, and ascertain what printing of reports may 
be dispensed with and how far the printing of others may be 
abridged in number, and make a report to his excellency the 
governor, which report shall be by him presented to the next 
legislature. ^ Approved May 10, 18G0. 

Resolve in favor of the children of Charles e. tillson. Chct)). 75. 
Resolved, That there be paid to William T. Davis, of Allowance nf 
Plymouth, three hundred and twenty-five dollars, to be fiu^t/""' '° 
received by him in trust for the sole use and benefit of the 
children of Charles E. Tillson, late of company E, of the 
twcnt3Mnnth regiment of Massachusetts volunteers ; the 
same being for bounty due the said Tillson, who, soon after 
his enlistment, was captured and placed in the prison at 
Andersonville, where he died. Approved May 10, 1866. 

Resolve in favor of the children of wilson ii. russell. Chap. 76. 
Resolved, That the paymaster-general is hereby directed Treasurer to pay 
to pay any sum of money now due as bounty to Wilson H. is.°Bro\vnof Mar- 
Russell of Marblehead, late an enlisted man in Company G, '^''^'"••*'i- 
First Regiment Massachusetts Heavy Artillery, and a re- 
enlisted man, under chapter two hundred and fifty-four of 
the acts of the year eighteen hundred and sixty-three, to 
William B. Brown, treasurer of the town of Marblehead, to 
be held by him, and from time to time as he may think 
judicious, paid by him to Mrs. Isaiah Pritchard of Marble- 
head, to the use and for the benefit of the minor children of 
said Russell by his first wife. Approved May 11, 1866. 

Resolve to provide for compensation of a commissioner in CIlCll). 77. 
relation to expenditures for coast defences. L ' ' 

Resolved, That the sum of two thousand dollars shall be Appropriation of 
allowed and paid, and the same is hereby appropriated, for m'i?sione^rtou°rge' 
the compensation and expenses of a commissioner, to be upon'uni^ted'^'*^ 
appointed by the governor, to urge upon the federal govern- S'*'«^- 
ment the settlement of the claims for expenditures incurred 
by the Commonwealth under the various acts and resolves 
providing for coast defences. Approved May 15, 1866. 

Resolve to authorize the city of boston to remove certain Chop. 78. 
tombs and remains of the dead. 

Resolved, That the board of health of the city of Boston certain tombs 
is hereliy authorized, at the expense of the owners of real defdjn'sout'h 
estate herein described, to remove the remains of the dead 1^°='°°' *« ^e 

' removed. 

47 



314 1866.— Chapter 79. 

from the tombs on the premises formerly occupied by the 
Protestant Episcopal parish of St. Matthew's on Broadway, in 
South Boston, so called, the same having become dangerous 
to the public health, to the Mount Hope Cemetery, or such 
other burial place in the vicinity of Boston, as the relatives 
and friends of the deceased may at their own expense desig- 
nate and provide ; to remove the tombs now standing on said 
premises, and to level and grade the surface of said ground 
and to forbid future burials thereon, on the following terms 
and conditions : 
Shall be under Sucli rcmoval sliall be made under the supervision of the 
boarrof hlauh. board of health of said city ; the remains of the dead shall be 
re-interred in a proper and suitable manner, due regard being 
had to the families and relationship of the deceased, whose 
relatives shall have the right to assist in the removal ; and a 
plan of the ground 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 city 
registrar of said city, for future reference. The remains of 
all the dead in the said tombs and burial-ground shall be 
removed, together with the headstones and monuments now 
remaining, which shall be duly replaced to indicate the new 
graves of the deceased to whose memory they were erected. 
May be made by Removals of rcmaius may be made by friends of the deceased , 
dTrectfon^of ""^ under the direction of said board of health, and subject to such 
nrnotice!'"' ^"''' reasonable restrictions as they may impose ; but no removals, 
unless at the request of the relatives or friends of the 
deceased, shall be made until said board of health shall hrst 
have given notice to all persons interested, by a publication 
of this resolve, six successive weeks, in all the daily news- 
papers published in the city of Boston, and by notice in 
writing to the known owners of said tombs. 

Approved May 15, 1S66. 

Chap. 79. Resolve in favor of the town of hudsox. 

Secretary to Resolved, That tlio Secretary of the Commonwealth be, 

[aws'lndTocu- aud hc is hereby authorized and directed, to furnish to the 
ments. clcrk of thc towu of Hudsou, complete sets of the Massachu- 

setts Reports, Pickering's Reports, Metcalf'&.Reports, Cush- 
ing's Rei)orts, Gray's Reports, and Allen's Reports ; one copy 
of the General Statutes, also copies of such general and 
special laws of the Commonwealth, and of all such books and 
documents in his office, as may heretofore have been furnished 
by the Commonwealth to clerks of towns ; and the secretary 
is authorized to purchase such of the reports and statutes 
aforesaid as may be necessary to carry into effect this resolve : 



ures and bal- 



1866.— Chapters 80, 81. 315 

also, that the treasurer of the Commonwealth is hereby author- Treasurer to 
ized and directed to furnish the treasurer of said town with a w"ight8,^mea" 
complete set of standard weights, measures and balances, 
such as the treasurer of each town is by law required to keep 
for the use of its inhabitants. Approved May 15, 1866. 

Resolves in regard to obstructions to the passage of fish Chan. 80. 

IN THE CONNECTICUT RIVER AT ENFIELD FALLS. 

Wliereas, The Connecticut river in this state formerly Preamble. 
furnished an inexhaustible supply of shad and other kinds of 
migratory fish, which fish have now jxirtially disappeared 
from that portion of said river within this state; andivhereas, 
there is nothing except the want of suitable fish-ways over 
the dam at Enfield Falls in the state of Connecticut to pre- 
vent the return of said fisli from the sea to our waters in 
such numbers as largely to contribute to the supply of food 
for the inhabitants of this state ; therefore. 

Resolved, That the attention of the state of Connecticut Connecticut re- 
be invited to this subject ; and that said state be earnestly erh-wajs" ^^ ^ 
requested to take early measures to cause fish-ways to be 
constructed over the dam at Enfield Falls, either by requiring 
this work to be done by the proprietors of said dam, or by 
exercising the right of eminent domain ; said measures 
being due alike to the relations of comity between that state 
and this Commonwealth, and to the local interests of that 
state. 

Resolved, That the governor is hereby requested to trans- Governor re- 
mit a copy of these resolutions to the governor of the state of copy of resolves. 
Connecticut, with a request that the same be laid before the 
legislature of the said state. Approved May 18, 1866. 

Resolves in relation to boston harbor and the common- QJim). 81. 

WEALTH flats THEREIN. 

Resolved, That the plan recommended by the commission- pian of harbor 
ers on harbors and flats in their fourth report, presented at approved!*"*" 
the present session of the legislature, for the occupation of 
the flats owned by the Commonwealth in Boston harbor, 
lying northerly of South Boston and easterly of that part of 
Boston which lies between long wharf and arch wharf, is 
approved and adopted by this legislature ; and that the same, 
when executed, will greatly improve the harbor of Boston, 
increase the cc^mmercial prosperity of the city, and benefit 
the Commonwealth. 

Resolved, That the harbor commissioners be and they commissioners to 
hereby are authorized and directed to asceiitain and report to Sofoute^wau 
the legislature at its next session, on or before the fifteenth XrvM^and'fiu- 
day of January next, the probable cost of the several sections '"s fl^^'> ^redg- 



316 



1866.— Chapter 81. 



ing, grading, 
sewers, and tidal 
waters, and terms 
for work and 
damages ; also, 
terms of riparian 
owners and otLi- 
ers. 



Harbor of Bos- 
ton, to be of par- 
amount impor- 
tance. 



May contract 
with city for 
construction of 
Eastern Avenue. 



Provisos. 



of the outer wall mentioned in said report and laid down on 
the plan annexed to it, and of building the wharves and 
filling the flats of the Commonwealth, as laid down on said 
plan ; the expense of dredging in Fort Point Channel, which 
will be required by the proposed changes therein, and of 
grading streets and building sewers over and through said 
flats ; also, the probable expense of making compensation for 
the tidal water to be shut out by the filling, of said fiats ; 
also, to ascertain and report on what terms and conditions 
the said walls, wharves, streets, sewers, or any parts thereof, 
can be built by any corporations or individuals, and on what 
terms and conditions the said flats, or any parts thereof, can 
be filled, and on what terms and conditions the said flats, or 
any parcels thereof, can be sold to any corporations or indi- 
viduals, either for money or for filling other portions of said 
flats, and in what places and manner compensation for the 
tide-water shut out by filling said flats can best be made, and 
on what terms and conditions persons whose lands are to be 
affected by said compensation, will give authority to make 
the same ; also, on what terms and conditions the rights and 
interests of the riparian proprietors in South Boston and 
others, can be harmonized with the proposed occupation and 
improvement of said flats ; also, to report any other matters 
Avhich said commissioners consider as material in regard to 
the occupation of said flats ; the said commissioners, in all 
plans and proposals submitted by them, always regarding the 
protection and improvement of the harbor of Boston as of 
paramount importance, in any intended occupation of said 
flats. 

Resolved,, That the harbor commissioners be authorized to 
contract with the city of Boston for the construction of the 
whole or any part of the Eastern Avenue, and to make pay- 
ment therefor by conveying such portions of the flats belong- 
ing to the Commonwealth, northerly of the South Boston 
shore, as shall be deemed necessary for the said purpose : 
provided, that compensation for all tide-water excluded by 
carrying into effect these resolves shall be duly made as pro- 
vided in the act to establish a board of harbor commissioners ; 
provided, that the terms of any contract and conveyance shall 
be subject to the approval of the governor and council ; and 
provided, that no money shall be paid from the treasury of 
the Commonwealth ; provided, also, that nothing shall be 
done under this resolve which shall conflict with the plan of 
the South Boston-flats accompanying the report of the com- 
missioners on harbors and flats of the Commonwealth of 
Massachusetts, presented to the legislature on the sixth day 



1866.— Chapters 82, 83, 8-i, 85. 317 

of January in the year eighteen hundred and sixty-six, or 
which shall conflict with the reports of the United States 
commissioners. Approved May 18, 1866. 

ReSOLVK in KELATION to cases pending in the united states Qfiffp^ 82. 
CIKCUIT COURT, WHICH HAVE BEEN REMOVED FROM THE STATE -^ " 

COURTS. 

Resolved, That the governor and council be authorized to Governor to des- 
designate some one or more of the law officers of the Com- f^^^pe&7. ° 
monwealth, to appear for and represent the Commonwealth 
in all cases removed from the state courts of this state to the 
United States Circuit Court, in which the Commonwealth 
is a party or interested ; and the governor is hereby author- May draw war- 
ized to draw his warrant upon- the treasurer from time to oreVenseJ.™*"* 
time for such sums of money as may be necessary to pay the 
expense of procuring the attendance of witnesses, and to 
defray any other costs that may be necessarily incurred in 
the trial and final disposition of said cases : provided, that ProTiso. 
no money shall be paid to any of the law officers for their 
services. Approved May 18, 1866. 

Resolve in relation to the protection of property at the QJidy}^ 83. 

STATE arsenal. "' 

Resolved, That the quartermaster-general be, and he is Quartermaster- 
hereby authorized and directed forthwith to erect around fencT^^"*"^""' 
that portion of the arsenal grounds in Cambridge which 
fronts upon Channing Street, such a fence as may in his 
judgment be necessary and proper, for the protection of said 
grounds and the public property therein deposited from 
depredation, at an expense not exceeding the sum of one 
thousand dollars ; and the said sum of one thousand dollars Appropriation 
is hereby appropriated therefor. Approved May 18, 1866. ^" expense. 

Resolve in relation to the state prison. Clldi). 84. 

Resolved, That the inspectors of the state prison be inspectors may 
authorized to use any unexpended appropriation for current pfans^an^esu- 
expenses for the present year, that they may deem necessary, ^^^^1^°^^^^°^ 
for the purpose of procuring plans and estimates to enlarge 
and extend the west wing of the prison, and report the same 
to the next legislature. Approved May 18, 1866. 

Resolves concerning the universal exposition at paris. Chan 85. 

Whereas, There is to be held in Paris, under the auspices preamble, 
of the French Government, during the year eighteen hundred 
and sixty-seven, a " universal exposition of the agricultural, 
manufacturing and artistic productions of all nations ; " and 
whereas, our general government has initiated measures to 
have the United States of America represented in that 



318 



1866.— Chapters 86, 87. 



Governor may 
appoint a com- 
missioner and 
agents. 



Appropriation of 
money autiior- 
ized. 



Chap. m. 

Trustees author- 
ized to sell estate. 



ProTisos. 



Chap. 87. 

Governor to 
appoint commis- 
sioner, to act 
with president 
of Senate and 
spealierof Ilouse. 



exposition ; and whereas, we think it the duty of Massachu- 
setts to co-operate with our general government, in order 
that the enterprise, ingenuity and skill of the citizens of this 
Commonwealth may be more fully exhibited on that occasion ; 
therefore, 

Resolved^ That the governor, by and with the advice and 
consent of the council, be and hereby is authorized to appoint 
a commissioner to attend said exposition, and co-operate 
with the commissioner accredited by our general government 
to the imperial commisssion ; and, also, as many agents as to 
his excellency shall seem necessary to co-operate with the 
state commissioner and any agents appointed by the general 
government, in organizing and forwarding the movement in 
the United States, by furnishing to citizens of Massachusetts, 
desirous of exhibiting their industrial products at said 
exposition, the requisite information and facilities. 

Resolved, That to carry into effect the provisions of the 
foregoing resolve, there be allowed and paid out of the 
treasury of the Commonwealth such sums of money, not to 
exceed ten thousand dollars in all, as the governor and 
council shall deem necessary. Approved Mmj 18, 1866. 

Resolve upon the petition of esther g. bailey and another. 

Resolved, For reasons set forth in the petiti