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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  0  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  petition  of  Esther 
G.  Bailey  and  Sarah  A.  Hamlen,  that  the  trustees  under  the 
will  of  George  Bailey,  late  of  Tewksbury,  deceased,  be,  and 
the  same  hereby  are  empowered  to  sell  either  at  public  auction 
or  private  sale,  and  to  convey  in  fee  simple,  without  responsi- 
bility on  the  part  of  the  purchaser  or  purchasers  for  the  appli- 
cation of  the  purchase  money,  the  homestead  estate  late  of 
said  George  Bailey  :  provided,  that  said  Esther  G.  Bailey  and 
Sarah  A.  Hamlen,  or  the  survivor  of  them,  shall  join  in  the 
deed  or  deeds  and  that  the  proceeds  of  such  sale  shall  be  held 
by  said  trustees  to  be  safely  invested,  administered  and  dis- 
posed of,  according  to  law  and  the  will  of  the  said  George 
Bailey.  Approved  May  18,  1866. 

Rksolve  in  relation  to  imi'uoyejiexts  at  the  state  house. 
Resolved,  That  the  governor  is  hereby  authorized  to  appoint 
a  commissioner,  who,  in  conjunction  with  the  president  of  the 
senate  and  the  speaker  of  the  house  of  representatives,  shall 
constitute  a  commission  to  consider  the  whole  subject  of 
remodelling  the  state  house,  or  rebuilding,  and  report  the 
result  of  their  investigations,  and  estimates  of  the  probable 
expense  of  the  same,  to  the  governor,  to  be  by  him  presented 
to  the  legislature.  For  the  purposes  of  this  resolve  the  opera- 
tion of  section  twenty-three  of  chapter  two  of  the  General 
Statutes  is  hereby  suspended.  Approved  Man  23,  18G6. 


1866.— Chapiters  88,  89,  90,  91.  319 

Resolve  in  relation  to  the  second  Massachusetts  cavalry.  Chap.   88. 

Resolved.,  That  the  bounty  of  fifty  dollars  authorized  by  Bounty  under 
the  act  passed  on  the  seventeenth  day  of  March  in  the  year  paid  certain  com! 
eighteen  hundred  and  sixty-three,  Ijc  allowed  and  paid  to  p^°'^^- 
each  member  of  companies  E,  F,  L  and  M,  of  the  Second 
Massachusetts  Cavalry  entitled  to  the  same  by  virtue  of  said 
act ;  or  in   case   of  their   decease,  to  their  heirs ;  and  the  Treasurer  to  no- 
treasurer  of  the  Commonwealth  shall   cause  notice  of  the  h'old^money'to'^ 
passage  of  this  resolve  to  be  given  to  all  persons  entitled  to  °'^*^^''" 
this  bounty,  as  far  as  practicable,  and  shall  hold'  the  same 
subject  to  their  order,  given  subsequent  to  the  receipt  of  said 
notice,   and    duly    authenticated    to  the   treasurer   of   the 
Commonwealth.  Approved  May  23,  1866. 

Resolve  in  favor  of  the  newton  and  watertown  gas  light  Qfiap.   89. 

COMPANY.  -*   ' 

Resolved,  That  there  be  allowed  and  paid  out  of  the  treas-  Reimbursement 
ury  of  the  Commonwealth  to  the  Newton  and  Watertown  Gas  taxed.  ^ 
Light  Company,  the  sum  of  two  hundred  and  thirty-nine  dol- 
lars and  sixty-nine  cents,  in  full  for  taxes  improperly  assessed 
upon  said  company  in  the  year  one  thousand  eight  hundred 
and  sixty-five,  by  the  tax  commissioners. 

Approved  May  23,  1866. 

Resolves  in  relation  to  the  western  railroad.  Chap.    90. 

Resolved,  That  the  large  contribution  from  the  treasury  Aid  to  was  for 
of  the  Commonwealth  in  aid  of  the  construction  of  the  west-  p'^^p'^- 
ern  railroad,  was  made  for  the  promotion  of  the  prosperity  of 
the  people  of  the  Commonwealth  generally ;  and  it  is  the  Duty  of  direct- 
duty,  therefore,  of  the  state   directors  of  said  road  to  exert  °'^^' 
themselves  to  promote  that  object  by  the  increase  and  enlarge- 
ment of  facilities  of  travel,  trade  and  commerce,  rather  than 
by  the  return  of  a  large  percentage  of  pecuniary  profit  to  the 
Commonwealth  as  a  stockholder  ;  and  that,  hereafter,  on  the  Report  required. 
first  Wednesday  of  January  in  each  year,  said  directors  shall 
make  report  to  the  legislature  of  their  doings  in  the  execution 
of  their  trust. 

Resolved,  That  no  person  shall  hereafter  be  eligible  as  a  Eligibility  for 
state  director  of  the  western  railroad  corporation  who  is  in  '*"^'^°""^- 
the  employ  of  said  corporation,  or  who  owns  stock  therein. 

Approved  May  25,  1806. 

Resolve  in  favor  of  john  m.  kinxey.  Chap,   9 1 . 

Resolved,  For  reasons  set  forth  in  the  memorial  of  John  Allowance 
M.  Kinney,  that  there  be  allowed  and  paid  out  of  the  treasury  '^"*^'^°"'*'^- 
of  the  Commonwealth  to  said  John  M.  Kinney,  the  sum  of 
thirty-six  hundred  dollars.  Approved  May  25,  1860. 


320  1866.— Chapters  92;  93,  94,  95. 

Chan.   92.  Resolve  fou  the  appointment  of  a  commission  on  the  nouns 


OF    LABOR. 


Governor  to  ap-      Bcsolvcd,  That  a  commissioii  of  three  persons  be  appointed 
sons!"  ^^'^^  ^^"^  by  the  governor,  on  or  before  the  first  of  June  next,  with 
power  to  send  for  persons  and  papers,  to  investigate  the  sub- 
ject of  the  hours  of  labor,  especially  in  its  relations  to  the 
social,  educational  and  sanitary  condition  of  the  industrial 
classes,  and  to  the  permanent  prosperity  of  the  productive 
Commissioners  to  industry   of  the   statc.      Said   commission   shall  report  the 
report.  rcsults  of  such  investigation  to  the  governor  on  or  before  the 

first  day  of  January  next,  that  lie  may  present  the  same  to 
the  consideration  of  the  next  general  court. 

Approved  May  28,  18G6. 

Ckcin      93      KeSOLVE  to  AITIIORIZE  THE  ATTORNEY-GENERAL  TO  APPEAR  IN  THE 
■^  '  *  SUPREME  COURT  OF  THE  UNITED  STATES  IN  CERTAIN  CASES. 

Cases  in  which       ResoIved,  That  the   attorney-general  be   authorized   and 
state  is  a  party,    ij^g^^.^^^ted  to  represent  the  Commonwealth   in   all  suits  to 

which  it  is  a  party  in  the  supreme  court  of  the  United  States ; 
Appropriation,     and  a  sum  not  exceeding  one  thousand   dollars   is  hereby 

appropriated  to  pay  his  expenses  in  such  suits. 

Approved  May  28,  1866. 

Chan     94  Resolve  in  relation  to  repairs  of  the  state  house. 

Commissioners  to      Resolvccl,  That  thc  commissioucrs  on  the  state  house  are 

re^urnishi'Dg;^"'*  hereby  authorized  to  effect  such  repairs  and  refurnishing  of 
the  apartments  of  the  executive  departments  as  the  governor 
may  desire,  and  also  to  make  such  alterations  in  the  water- 
works in  the  east  wing  of  the  state  house  as  are  recommended 
in  the  report  of  the  committee  on  the  state  house,  to  an 

Appropriation,  auiount  in  all  not  exceeding  thirty-six  hundred  dollars  ;  and 
the  same  is  hereby  appropriated.  Approved  May  28,  1866. 

Chap.    95.  Resolve  in  favor  of  frank  g.  turner  and  others. 

Allowance  to  cer-      RcsoIved,  That  tlicrc  be  allowed  and  paid  out  of  the  trea- 
?f'°comTam''E':  surY   of  thc  Commouwcalth  to  Frank  G.  Turner,   Calvin 
hea°T  arfiiTery!  McCrclis,  Arthur  Hamblet,  James  Donahue  and  Gilbert  A. 
for  bounty.        Look,  latc  mcmbcrs  of  company  E,  second  regiment  of  Mas- 
sachusetts Heavy  Artillery,  severally,  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 
Repeal  of  former  eighteen   huudrcd   and   sixty-three.      The   resolve   entitled 
resolve  in  favor,   u  Rgsolve  iu  favor  of  Frank  G.  Turner  and  others,"  passed 
on  the  twenty-fifth  day  of  April  in  the  year  eighteen  hundred 
and  sixty-six,  is  hercljy  repealed.  Approved  May  29, 1866. 


1866.— Chapters  96,  97,  98.  321 

Resolve  in  relation  to  claims  of  uerman  haupt  and  company.  Chap.   96. 
Resolved,  That  the  governor,  with  the  advice  and  consent  Governor  to  ap- 

.    ,  .1     .  1         •        1    ,  •     i  •      •  r  ^1  point  commission 

of  the  council,  is  authorized  t»  appoint  a  commission  oi  tliree  to  examine  and 
persons  to  examine  and  report  to  the  governor  and  council  ^^p*"^'' 
upon  any  claims  of  Herman  Haupt  and  Company  which  they 
may  deem  equitable   and  just  for  labor,  service,  machinery, 
materials  and  land  damages,  or  any  payments   and   expendi- 
tures in  the  construction  of  the  Troy  and  Greenfield  Railroad 
and  Hoosac  Tunnel ;  and  the  governor  and  council  may,  upon  Governor  and 
examination   and   approval,  provide  for  the  payment  of  the  *'°"°"  ""^^  ^*^' 
same  in  such  manner  as  they  may  deem  expedient,  a  sum 
sufficient  for  which  ijurpose  is  hereby  appropriated  ;  and  the  May  order  release 

,  .,  1,11^  1     •  f>  of  claims  agiiinst 

governor  and  council  may  order  the  release  ot  any  claims  oi  said  persons. 
the   Commonwealth    against  said   Herman  Haupt  and  Com- 
pany or  Herman  Haupt,  connected  with   or   growing  out  of 
the  construction  of  said  railroad   and  tunnel,  which  in  their 
judgment,  justice  and  equity  require  should  be  released. 

Approved  May  2Q,  1866. 

Resolve  in  relation  to  the  antietam  national  cemetery.        Chap.    97. 

Resolved,  That  the  sum  of  four  thousand  dollars  shall  be  Appropriation 
allowed  and  paid,  and  the   same   is  hereby  appropriated,  for  pTnsTof  trvu^ 
the  National  Antietam  Cemetery,  the  same  to  be  paid  upon  ^*^- 
the   crder  of  the   governor:    and   also,  not   exceeding   one 
thousand   dollars,  to   defray  such   expenses  of  the   trustee 
appointed  on  the  part  of  the  Commonwealth,  as  the  governor 
may  direct.  Approved  May  29,  1866. 

Resolves  to  authorize  the  publication  of  a  list  of  massachu-  Chap.    98. 

SETTS  officers  AND  SOLDIERS  IN  THE  LATE  CIVIL  WAR.  ^ 

Resolved,  That  the  adjutant-general  be  instructed  to  pre-  Adjutant-generai 
pare  for  publication  and  cause  to  be  stereotyped  and  printed  eotype^rnd  prfnt 
as  a  supplementary  report,  five  thousand  copies  of  a  full  list  andsouiers*''"^ 
of  the  officers  and  soldiers  of  Massachusetts  in  the  late  civil 
war,  designating  the  name,  age,  rank  and  residence  at  time  of 
enlistment,  with  date  of  discharge,  and  reason  therefor,  of 
each ;  the  state  bounty  which  each  man  received  ;  also  the 
name  of  the  town  or  city  upon  whose  quota  said  soldiers  were 
credited. 

Resolved,  That  the  stereotype  plates  provided  for  in  the  stereotype  piates 
preceding  resolve  be  carefully  preserved  in  a  fire-proof  safe  *°  «p'^»«"«  • 
for  the  use  of  the  Commonwealth ;  and  that  the  state  printers 
be  and  they  are  hereby  authorized  and  directed  to  print  from 
said  plates  and  sell  at  a  sum  not  exceeding  the  contract  price 
paid  by  the  Commonwealth  such  number  of  copies  as  the 
public  may,  from  time  to  time,  require. 
48 


322  1866.— Chapter  99. 

Distribution  of  Resolved,  That  the  publication  provided  for  in  the  preced- 
how^ma'de. *'°'  ing  resolves  shall  be  distributed  as  follows :  fifteen  hundred 
copies  as  provided  by  the  General  Statutes,  section  three, 
chapter  two ;  to  the  adjutant-general,  four  hundred  copies  ; 
to  the  governor,  fifty  copies ;  to  the  lieutenant-governor, 
twenty-five  copies  ;  to  ex-governor  Andrew, twenty-five  copies; 
to  the-  president  of  the  senate  and  speaker  of  the  house  of 
representatives,  twenty-five  copies  each ;  to  the  members  of 
the  executive  council,  the  senate  and  house  of  representatives, 
the  chaplains  and  clerks  of  the  two  branches,  the  sergeant-at- 
arms,  secretary  of  the  Commonwealth,  treasurer  and  auditor, 
for  the  present  year,  nine  copies  each ;  to  each  reporter  in 
regular  attendance,  to  whom  a  seat  has  been  assigned  by  the 
presiding  officer  of  either  branch,  three  copies  ;  to  the  door- 
keepers, messengers,  and  other  officers  of  the  legislature  not 
heretofore  enumerated,  fifty  copies,  in  such  proportions  as 
Remainder  to  be  thc  committcc  ou  printing  may  direct.  The  remainder  shall 
"ewetary.^"^^^  bc  dcpositcd  iu  tho  documcnt-room,  under  the  charge  of  the 
secretary  of  the  Commoiiwealth,  to  supply  legitimate  calls 
and  for  future  exigencies,  according  to  such  regulations  as 
the  committee  on  printing  may  prescribe,  pursuant  to  the 
Sergeant-at-arms  rulcs  and  ordcrs.  Tlic  scrgeant-at-arms  is  hereby  authorized 
merateT***""'  and  directed,  when  said  publication  is  ready  for  distribution, 
to  deliver,  upon  personal  application,  to  the  members  of  the 
executive  and  legislative  branches  of  the  government  for  the 
present  year,  or,  if  requested  so  to  do  by  written  communica- 
tion, to  forward  to  their  respective  places  of  abode  the  copies 
to  which  any  member  may  be  entitled  in  conformity  with  the 
above  order  of  distribution.  Approved  May  30, 1866. 

Chap.    99.  Resolve  in  relation  to  the  compensation  of  the  members  op 

THE    SENATE   AND    HOUSE    OF    REPRESENTATIVES,   THE    CHAPLAINS 
AND    THE   MEMBERS    OF    THE   EXECUTIVE   COUNCIL. 

Senators  and  Resolved,  That   thcrc  be   allowed   and   paid,  out  of  the 

representatiyes.    ^p^jj^g^j.^  ^f  ^]jq  Commonwealtli,  to  cacli  of  tlic  mcmbcrs  of 

the   senate   and  house  of  representatives,  the  sum  of  four 

dollars  per  day,  for  each  day's  attendance  during  the  present 

Chaplains,  lieu-   scssiou  ;  to  tlic  chaplaius  of  the  two  branches  three  hundred 

an"! coundi^""'   dollars  cacli,  for  the  session  ;  to  the  lieutenant-governor  eight 

dollars,  and  to  each  of  the  members  of  the  executive  council 

the  sum  of  four  dollars  per  day,  for  each  day's  attendance 

during  the  present  year.  Approved  May  30, 1866. 


1866.— Chapters  100,  101.  323 

Resolve  in  favor  of  the  watchmen  of  the  state  house  and  Chap.  100 

ASSISTANT-MESSENGER   OF    THE    GOVERNOR   AND    COUNCIL. 

Resolved^  That  'there  shall  be  allowed  and  paid  to  each  of  Pay  of  watchmen 
the  watchmen  of  the  state  house  the  sum  of  twelve  hundred  messen^ger^^of 
dollars  in  full  compensation  for  services  as  watchmen  and  currenryeS' 
messengers  for  the  present  year,  and  neither  of  said  parties 
shall  receive  from  the  treasury  any  compensation  for  other 
services ;  and  to  the  assistant-messenger  of  the  governor  and 
council  there  shall  be  allowed  and  paid  the  sum  of  six  hun- 
dred dollars  in  full  compensation  for  services  for  the  present 
year.  Approved  May  30,  1866. 

Resolve  in  relation  to  the  new  England  female  medical     Chap.  101 

COLLEGE.  ' 

Whereas^  It  appears  that  the  trustees  of  the  New  England  Preamble. 
Female  Medical  College  have  not  been  legally  elected,  and 
that  the  office  of  trustee  of  said  college  is  now  vacant,  and 
that  the  said  corporation  has  misapplied  the  trust  funds  in  its 
hands ;  therefore, 

Resolved,  That  Edward  N.  Kirk,  Charles  Demond,  William  Trustees 
Cumston,  Jonas  Fitch,  Franklin  Snow,  Paul  Adams,  Osljorn  "■pp°''^''*^" 
Howes,  Henry  D.  Hyde,  sliall  be  trustees  of   said  college 
till  others  are  chosen  in  their  stead.     The  first  four  of  said  Terms  of  otace. 
persons  shall  hold  office  for  the  term  of  five  years,  and  the 
second  four  for  the  term  of  four  years ;  and  it  shall  be  their 
duty  forthwith  to  meet  and  choose  eight  other  trustees,  four 
for  the  term  of  two  years,  and  four  for  the  term  of  one  year. 
They  shall  have  power  to  fill  any  vacancy  in  their  own  num-  Trustees  may  an 
ber,  and  after  the  board  of  trustees  is  made  complete  they  board?'^^  "^ 
shall  proceed  to  elect  officers,  and  do  all  other  acts  which  the 
board  of  trustees  may  perform  under  the  act  in  relation  to 
said    college,   approved   the  twenty-eighth   day  of    May   in 
the  year  eighteen  hundred  and  fifty-six,  and  any  other  laws 
relating  tliereto. 

Said  trustees  shall  forthwith  proceed  to  take  into  their  shaii  take  cus- 
possession  all  the  property  of  every  kind  belonging  to  said  *°'iy  °''P''°perty- 
corporation  and  its  books,  records  and  papers  ;  and  if  objec-  in  case  of  objec- 
tion is  made  by  any  person  now  acting  or  claiming  to  act  as  to^atto^ney-ge'n^ 
an  officer  of  said  corporation,  it  shall  be  the  duty  of  said  fn1.'j^co''uT'' 
trustees  to  call  upon  the  attorney-general  of  the  Common- 
wealth, who  shall  forthwith  file   an   information    or   other 
process  against  the  said  person,  in  the  supreme  judicial  court 
for  the  county  of  Suffolk,  to  show  by  what  warrant  he  resists 
the  demand  of  said  trustees,  and  also  an  information  or 
other  process  against  the  said  corporation  to  compel  the  said 
corporation  to  perform  faithfully  the  trusts  upon  which  it 
holds  any  property  or  receives  any  income. 

Approved  Mmj  30,  1866. 


324  1866.— Chapters  102,  103,  104,  105. 

Chap.  102  Resolve  fixing  the  compensation  of  the  assistant-clerks  of 

^  '  THE    TWO    BRANCHES    OF    THE   LEGISLATURE. 

Compensation  of  Resolvcd,  That  there  be  allowed  ancT  paid  out  of  the 
^kgis°iature.  treasuiy  to  William  A.  Crafts,  assistant-clerk  of  the  house 
of  representatives,  the  sum  of  six  hundred  and  fifty  dollars, 
and  to  Benjamin  C.  Dean,  the  assistant-clerk  of  the  senate, 
the  sum  of  five  hundred  and  seventy-five  dollars,  as  compen- 
sation during  the  present  session  of  the  general  court. 

Approved  May  30,  1866, 

Chap.  103     Resolve  in  favor  of  the  family  of  charlks  j.  mccarthy. 

Appropriation  to      Resolvecl,  That  there  be  allowed  and  paid  out  of  the  treas- 

^'cm"!)]?  husband  ury  of  thc  Commonwealth  to  Margaret  McCarthy,  widow  of 

tive  ^""P"^'^"'""  the  late  Charles  J.  McCarthy,  late  a  member  of  the  house  of 

representatives  from  the  Seventh  Suffolk  District,  the  sum  of 

five  hundred  and  ninety-tw«  dollars ;  and  the  same  is  hereby 

appropriated.  Approved  May  30,  1866. 

Chap.  101      Resolve   in  relation  to   the   compensation  of  the  chief 
'  *  door-keeper  of  the  house  of  representatives. 

Additional  allow-      Resolved,  That  there  be  allowed  and   paid  out  of  the 

ance  for  present  ^j,gg^g^j.y  ^f  |-|jq  Commonwcalth,  to  thc  chicf  door-keeper  of 

the  house  of  representatives,  one  hundred  dollars,  in  addition 

to  the  compensation  now  allowed  him  for  services  the  present 

session.  Approved  May  30,  1866. 

Chap.  105  Resolve  in  relation  to  the  compensation  of  the  door-keepers, 
^'  messengers  and  pages  of  the  senate  and  house  of  repre- 

sentatives. 

Door-keepers  and      Rcsolved,  That  there  be   allowed   and   paid  out   of  the 

messengers.  trcasury  of  the  Commonwealth  to  each  of  the  door-keepers, 
four  dollars  per  day,  to  eacli  of  the  assistant  door-keepers, 
and  the  messengers  of  the  senate  and  house  of  representa- 

Pages.  tives,  four  dollars  per  day,  and  to  each  of  the  pages  of  the 

two  branches,  the  sum  of  three  dollars  per  day  for  each 
day's  service  of  the  present  session.     Approved  May  30, 1866. 


1^^  The  General  Court  of  1866  during  its  annual  session,  passed  tliree 
hundred  and  one  Acts  and  one  hundred  and  five  Resolves,  which  received 
the  approval  of  the  Governor. 

The  Acts  may  be  classified  as  follows  :  General  Statutes,  and  Acts  of  a 
public  character,  one  hundred  and  forty-one  ;  Special  Acts,  relat- 
ing to  private  property,  persons  and  corporate  bodies,  one  hundred 

AND    SIXTY. 


The  Resolve  providing  for  an  Amendment  to  the  Constitution  of  the 
Commonwealth,  to  secure  the  elective  franchise  to  citizens  absent  in  the 
military  or  naval  service  of  the  United  States, — passed  concurrently  by 
the  two  branches  of  the  legislature  of  1865,  and  published,  as  required  by 
statute,  in  the  volume  of  Laws  of  that  year, — was  duly  transmitted  to 
the  General  Court  of  1866,  but  failed  to  be  agreed  to  by  a  majority  of  the 
Senators  and  two-thirds  of  the  House  of  Representatives  present  and 
voting  thereon,  and  therefore  became  of  no  force  or  effect. 


INAUGURAL  ADDRESS 


HIS   EXCELLENCY   ALEXANDER   H.  BULLOCK, 


At  twelve  o'clock  on  Saturday,  the  sixth  day  of  January, 
His  Excellency  the  Governor,  accompanied  by  His  Honor 
the  Lieutenant-Governor,  the  members  of  the  Executive 
Council,  and  officers  of  the  civil  and  military  departments 
of  the  government,  attended  by  a  joint  committee  of  the 
two  Houses,  met  the  Senate  and  House  of  Representatives, 
in  Convention,  and  delivered  the  following 

ADDRESS. 

Gentlemen  of  the  Senate  and 

of  the  House  of  Representatives : 

Chosen  as  we  have  been  by  the  people  of  Massachusetts  to 
hold  for  the  year  the  management  of  the  legislative  and 
executive  branches  of  their  Government,  I  congratulate  you 
that,  by  the  favor  of  Almighty  God,  we  assemble  for  organi- 
zation and  mutual  support  under  the  auspices  of  National 
Peace.  Six  times  in  four  years  have  your  predecessors  con- 
vened to  inaugurate  their  ordinary  and  extraordinary  session, 
overshadowed  by  the  changing  omens  of  civil  war.  All 
these,  propitious  and  unpropitious,  have  at  length  disappeared 
before  the  advance  of  the  armies  of  the  United  States  ;  and 
it  is  your  fortune  and  mine,  first  in  peace  after  the  greatest 
of  all  wars,  to  share  in  the  Government  of  the  Commonwealth 
of  the  Pilgrims. 


328  GOVERNOR'S  ADDRESS. 

We  shall  certainly  be  lightened  of  much  of  the  labor  of 
administration  which  the  exigencies  of  the  conflict  imposed 
upon  our  recent  predecessors,  and  our  constituents  will  wel- 
come the  earliest  relief  from  the  strain  and  pressure  to  which 
the  Rebellion  has  subjected  them.  But  work  still  remains 
for  us  ;  and  you,  and  I,  and  all  the  tax-payers  of  the  State 
may  as  well,  at  the  outset  on  the  return  of  amity,  accept  the 
conviction  thgct  the  legacies  of  war  can  only  be  completely 
liquidated  in  the  lapse  of  years.  As  the  memories  of  its 
sacrifices,  tender,  heroic  and  sublime,  will  remain  palpable 
to  tlie  last  svirvivor  of  the  present  generation,  so  will  the 
debts  and  burdens  which  it  has  bequeathed  to  us  be  equal  in 
their  lengtliened  period  and  their  abiding  obligation.  We 
have  not  given  to  the  military  and  naval  service  of  the 
country  one  hundred  and  fifty-nine  thousand  brave  and  patri- 
otic men,  without  incurring  the  necessity  of  taxation  in  the 
present,  and  loans  tliat  will  stretch  the  duty  of  their  payment 
over  our  life.  Of  the  already  funded  debt  of  the  State, 
nearly  fifteen  and  a  half  millions  of  dollars  represent  the  sum 
which  is  chargeable  to  expenses  incurred  on  account  of  the 
war.  But  the  whole  people  of  the  State  have  received  in 
return  a  grand  and  enduring  remuneration  ; — the  practical 
solution  of  the  question,  hitlierto  open  but  now  closed,  of  a 
permanent  and  consolidated  Republic  for  North  America  ; — 
the  Government  of  the  United  States  saved  and  re-established 
beyond  a  doubt  and  for  future  ages  ; — and  the  freedom  of  all 
the  races  of  men  secured  by  arms  and  by  organic  law, 
needing  only  the  sense  of  political  integrity  and  justice  on 
the  part  of  the  people,  and  on  the  part  of  the  Government, 
to  make  the  guaranty  universal  and  unalterable. 

We  assume  then  our  official  responsibilities  amid  tlie  lin- 
gering solemnities  of  war,  and  in  the  visible  presence  of  the 
duties  of  peace.  These  obligations  range  themselves  on 
opposite  sides  of  an  account,  but  they  can  and  must  be  made 
consistent  and  harmonious.  On  the  one  hand,  the  purity  of 
our  Nationality  exorcised  of  every  element  of  disloyalty, 
open  or  covert,  and  delivered  from  every  trace  and  every  form 
of  slavery,  must  be  sustained  by  our  word  and  our  vote,  the 
debts  of  war  be  kept  under  annually  accumulating  certainties 
of  tlieir  payment,  and  all  the  obligations  of  justice  and  grat- 
itude to  our  own  surviving  soldiers  and  the  families  of  their 
dead  be  honorably  discharged  ;  and  on  the  other  hand,  it 
becomes  our  duty  to  cultivate  patience,  charity,  fraternity 
and  firmness  in  all  our  national  relations,  to  keep  all  the 
while  fnlly  supplied  the  springs  of  our  local  prosperity  and 
strength,  and  to  bring  every  act  of  ours  into  harmony  with 


GOVERNOR'S  ADDRESS.  329 

the  demand  for  economy  and  retrenchment.  In  this  "work, 
cast  upon  us  to-day  as  the  servants  of  the  people,  it  will  be 
my  constant  purpose  to  co-operate  with  you. 

THE   FINANCIAL   CONDITION   AND   PROSPECT. 

I  have  thought  it  fit  that  at  the  earliest  opportunity  after 
accepting  the  duties  of  office  I  should  endeavor  to  present  a 
statement  of  the  financial  condition,  so  far  as  this  can  be  done 
in  anticipation  of  the  reports  of  the  Treasurer  and  Auditor. 

The  Public  Debt. 

The  funded  and  unfunded  debt  of  the  State  amounts  in  the 
aggregate  to $23,122,872  00 

Of  this  amount,  the  portion  which  should  be 

charged  to  the  war  account  is  .         .         .     15,108,487  00 

The  funded  debt  is 19,131,435  00 

Of  which  should  be  set  aside,  as  having 
accrued  from  loans  to  railroad  corpora- 
tions, secured  by  mortgages  and  collateral 
securities  in  addition  to  the  sinking  funds 
established  for  the  redemption  of  the  scrip,       6,574,435  00 

Of  the  residue,  namely,  ....  12,557,000  00 
all  but  ^450,000  is  fully  provided  for  by  sinking  funds,  whose 
accumulations  from  year  to  year,  graduated  upon  the  most 
careful  computations  and  unfailing  resources,  will  be  ample 
for  the  payment  of  the  debts,  for  which  they  are  pledged,  at 
their  maturity. 

Of  the  total  funded  debt,  the  amount  of  87,170,000  will 
not  mature  until  1894,  and  this  amount  will  be  further 
increased  by  the  issue  of  additional  scrip  for  the  Bounty 
Fund  Loan,  authorized  by  the  legislature  of  1864  ;  which 
additional  issue  will  absorb,  or  fund,  a  large  portion  of  the 
now  outstanding  temporary  loan  which  has  accrued  in  the 
payment  of  bounties.  The  remainder  of  the  funded  debt, 
amounting  to  111,961,435,  will  mature  in  smaller  instalments, 
commencing  with  $175,000  in  the  present  year,  and  so  on 
until  1894. 

The  unfunded  debt  consists  of  temporary  loans,  amounting 
to  $3,991,437,  of  which  the  sum  of  $1,863,389  is  payable  on 
thirty  days'  notice,  with  interest  at  six  per  cent.,  and  the 
residue  of  $2,128,048  is  payable  on  six  or  twelve  months'  • 

notice,  with  interest  at  seven  and  three-tenths  per  cent. 

On  the  account  of  the  Bounty  Fund  Loan  a  negotiation 
has  recently  been  consummated  by  my  predecessor  for  the 
issue  of  scrip  for  $2,000,000.     This  will  liquidate  a  large 

49 


330  GOVERNOR'S  ADDRESS. 

portion  of  the  temporary  loan.  The  State  has  to  its  credit, 
awaiting  our  draft  at  Washington,  an  amount  ah-eady  allowed 
on  the  war  claims,  $621,435,  and  there  will  be  a  final  balance 
of  §987,107,  yet  to  be  adjusted.  These,  also,  when  paid, 
will,  in  etfect,  apply  to  the  liquidation  of  the  temporary  loan. 

The  conclusion  to  be  derived  from  a  statement  in  detail  of 
the  whole  public  debt, — which  I  have  not  deemed  it  important 
here  to  present,  but  which  can  be  obtained  from  the  reports 
of  the  Treasurer  and  Auditor, — is,  in  my  judgment,  highly 
gratifying.  When  our  claims  upon  the  United  States  shall 
have  been  fully  settled  and  paid,  and  when  the  amount  of 
the  recent  negotiation  for  the  issue  of  $2,000,000  of  scrip, 
already  mentioned,  shall  have  been  received,  the  State  debt, 
amounting  to  nearly  twenty-three  and  a  half  millions,  will, 
for  the  most  part,  be  under  pledges  of  consecrated  and  abso- 
lute extinguishment-funds,  accumulating  with  unerring  cer- 
tainty, and  not  surpassed  in  the  finance  of  the  best  States  on 
the  globe.  A  portion  of  the  supplies  to  the  funds,  which  are 
provided  for  this  extinguishment,  must  indeed  come  from 
annual  taxation,  under  existing  laws  ;  but  this  measure  of 
annual  contribution  will  not  be  felt  to  be  severely  onerous, 
provided  tlie  legislature  shall  practise  economy  in  its  grants 
and  appropriations,  and  it  will  find  a  cheerful  response  in  the 
wealth,  the  productive  industry,  and  the  exalted  sense  of 
honor  of  the  people. 

Every  holder  of  a  Massachusetts  bond,  in  England,  on  the 
continent  of  Europe,  or  wherever  he  may  be,  at  home  or 
abroad,  possesses  a  security  which  is  as  certain  of  payment  as 
the  existence  of  the  State,  and  which  is  as  immutable  in  the 
manner  of  its  payment  as  gold  and  silver,  which  are  the  base 
of  confidence  in  the  commerce  of  nations. 

In  alluding  to  the  funds,  which  will  be  equal  to  the  extin- 
guishment of  our  debt,  I  have  made  no  account  of  the  real 
estate  and  other  unproductive  property  of  the  Commonwealth, 
amounting  to  more  than  $3,000,000  ;  because,  being  unavail- 
able, it  ouglit  not  to  be  placed  in  a  financial  statement  against 
a  debt.  Citizens  sell  their  lands  and  houses,  but  the  Com- 
monwealth never  sells  its  capitol,  its  reformatory  and  correc- 
tional institutions,  or  its  benignant  Charities. 

Receipts  from  the  Back  Bay. 
•  In  this  connection  it  may  be  well  to  mention  what  part  the 

enterprise  of  filling  and  selling  lands  on  the  Back  Bay  has 
already  borne,  and,  when  completed,  will  have  performed,  in 
our  financial  relations.  From  a  communication  received 
from  tlie  office  of  the  Commissioners,  I  learn  that  the  net 


GOVERNOR'S  ADDRESS.  331 

amount  already  received  by  the  State,  in  money,  from  this 

source  is ^1,212,652  00 

And,  it  is  estimated  that  the  sum  which  will 
be  hereafter  received  from  this  quarter, 
computed  at  the  average  rate  of  profit 
heretofore  realized,  will  add  to  the  forego- 
ing the  amount  of 1,854,000  00      • 


Making  the  total  profits        ....  ^3,066,652  00 

77/6  Cost  of  State  Aid. 
It  cannot  fail  to  be  interesting  to  the  whole  people,  to 
learn  how  large  has  been  one  of  the  sources  of  recent  expend- 
iture, and  what  noble  objects  the  expenditure  has  accom- 
plished. Under  the  just  provisions  of  various  enactments 
the  towns  have  rendered  pecuniary  aid  to  the  families  of 
Massachusetts  volunteers,  in  the  last  four  years,  amounting 
to  more  than  eight  and  a  half  million  of  dollars.  Of  this 
sum,  more  tlian  seven  millions  have  already  been  reimbursed 
from  the  Treasury  of  the  State,  and  the  remainder  is  in 
course  of  adjustment.  "With  the  close  of  the  war,  and  the 
mustering  out  of  all  our  regiments,  save  two,  this  disburse- 
ment has,  for  several  months,  been  rapidly  decreasing.  The 
amount  which  the  Treasury  must  reimburse  for  the  year 
1865,  is  estimated  at  81,800,000,  against  $2,o00,000  for  the 
previous  year ;  while  the  amount  for  the  current  year,  to  be 
met  by  the  tax  of  1867,  will  be  almost  nominal.  A  large 
number  of  towns  have  already  ceased  such  payment.  The 
necessity  for  further  payments  will  depend  upon  a  contin- 
gency arising  mainly  from  the  continuance  of  some  of  our 
volunteers  in  the  regular  army  of  the  United  States,  and 
from  the  unexpired  term  for  which  aid  is  authorized  to  the 
families  of  deceased  or  disabled  soldiers. 

Tlie  Finances  of  the  Troy  and  Greenfield  Railroad  and 
Hoosac  Tunnel. 
I  speak  here  of  this  enterprise  only  in  its  relations  to 
finance.  The  amount  thus  far  expended  by  the  State  in  the 
prosecution  of  this  work  has  reached  the  sum  of  8-,484,943. 
In  this  I  include  the  scrip  of  the  Commonwealth,  loaned  to 
the  Troy  and  Greenfield  Railroad  Corporation,  8924,880,  and 
as  well  that  subsequently  issued,  8750,000,  amounting  to 
81,674,880 — this  being  the  whole  amount  that  has  been 
issued  under  the  respective  Acts  of  1854,  1859  and  1860, 
which  authorized  altogether  82,200,000.  I  also  include  in 
this  statement  the  amount  advanced  to  the  Commissioners  in 


S32  GOVERNOR'S  ADDRESS. 

anticipation  of  the  sale  of  said  scrip,  and  in  excess  of  its 
actual  issue,  together  with  the  interest  already  paid  by  the 
State  since  it  assumed  the  management  of  the  work. 

The  legislature  of  18G5  appropriated  §^800,000,  in  addition 
to  the  scrip  previously  authorized,  thus  increasing  the 
amount  to  18,000,000.  There  has  been  paid  from  the 
Treasury,  on  the  Commissioners'  account,  $^1,262,911,  of 
which  $512,911  is  in  excess  of  the  issue  of  scrip.  This 
excess,  which  has  been  advanced  vinder  authority  of  chapter 
214  of  the  Acts  of  1863,  together  with  the  interest  referred 
to,  has  been  paid  from  temporary  loans.  From  this  state- 
ment k  therefore  appears,  that  the  whole  sum  expended  up 
to  the  present  time,  including  the  loan  of  scrip,  exceeds  by 
somewliat  more  than  $800,000  the  amount  of  scrip  actually 
issued. 

Estimates  for  1866. 

The  receipts  of  ordinary  revenue  for  the  pres- 
ent year,  estimated  upon  what  are  deemed 
trustworthy  data,  will  amount  to        .         .  $1,400,000  00 

And  the  ordinary  expenses  of  the  Govern- 
ment, payable  therefrom,  in  the  same" period, 
will  not  probably  exceed   ....  $1,375,000  00 

This  sum  comprises  all  expenditures  of  the  Execu.tive 
and  other  departments,  the  Legislature,  the  Judiciary,  the 
Charitable  and  the  Reformatory  Institutions,  and  the  Militia. 
Adding  to  this  amount  the  sum  required  to  meet  extraordin- 
ary expenditures  already  authorized  and  incurred,  of  which 
the  reimbursement  to  the  towns  for  aid  furnished  the  families 
of  volunteers  in  1865  constitutes  the  principal  item,  I  take 
the  Auditor's  estimate  of  the  total  expenses  for  the  present 
year,  payable   from    the   ordinary   revenue, 

at  about $4,075,000  00 

Deducting  from  this  the  estimated  receipts,  .     1,400,000  00 


The  excess  of  expenditure  would  not  seem  to 

vary  much  from $2,675,000  00 

These  estimates  of  course  are  predicated  upon  only  the 
expenditures  authorize<^  by  existing  laws  ;  and  they  will  be 
changed  by  any  grants  which  you  shall  make  by  special  leg- 
islation. Nor  do  they  include  any  expenses  to  be  incurred 
on  account  of  the  Troy  and  Greenfield  Railroad  and  Hoosac 
Tunnel ;  the  payment  of  which  in  the  last  year  has  been  met 
by  temporary  loans,  in  anticipation  of  the  sale  of  authorized 


GOVERNOR'S  ADDRESS.  333 

scrip,  of  "\rliicli  -there  remains  unissued  8525,120.  If  you 
shall  provide  for  this  item  of  expense,  and  if  the  outstanding 
temporary  loan  shall  be  liquidated  by  the  further  issue  of 
scrip  already  authorized,  the  necessity  of  a  direct  tax  greater 
than  that  before  mentioned  can  only  arise  from  new  and 
unusual  appropriations  made  by  you.  I  shall  recommend 
legislation  in  behalf  of  our  disabled  soldiers  and  seamen 
from  the  war,  which,  if  adopted,  will  add  somewhat  to  this 
amount  to  be  raised  by  taxation;  but,  taking  into  account  a 
conjectural  and  probable  expenditure  for  this  purpose,  and 
allowing  for  new  objects  of  appropriation,  a  sum  which  I  can 
conceive  that  your  prudence  will  deem  sufficient,  it  does  not 
appear  to  me  that  the  need  of  a  tax  for  the  present  year 
should  exceed  tlie  amount  of  ($3,000,000,  against  that  of  last 
year,  84,700,000. 

You  will  bear  in  mind  that  much  more  tlian  one-half  of 
this  amount  is  on  account  of  aid  to  the  families  of  our  vol- 
unteers, which,  for  tlie  tax  of  next  year,  will  be  compara- 
tively nominal ;  and  there  is  apparently  good  reason  for  sup- 
posing that  in  the  year  1867  the  tax  may  be  reduced  from 
81,700,000  in  1865,  and  from  8-3,000,000  in  1866,  to  a  sum 
probably  not  exceeding  81,200,000  or  81,500,000,  provided 
the  price  of  coin  shall  not  essentially  change.  When  we 
consider  that  we  have  lost  the  revenue  of  the  bank  tax,  this 
becomes  a  prospective  estimate  of  direct  burden  which  can 
scarcely  fail  to  be  as  gratifying  as  I  believe  it  to  be  well 
authorized. 

This  glance  at  the  future  diminution  of  the  necessities  of 
taxing  the  people  does  not  include  any  thouglit  of  what  may 
be  the  policy  of  the  legislature  for  supplying  the  means  for 
the  Troy  and  Greenfield  Railroad  and  the  Tunnel.  Whether 
that  enterprise  sliall  be  supported  by  a  further  addition  to  the 
funded  debt,  or  by  annual  taxation,  I  deem  to  be  a  question 
especially  belonging  to  the  judgment  of  the  General  Court. 

It  will  probably  be  necessary  that  you  should  continue  in 
force  the  authority  conferred  by  the  last  legislature  upon  the 
Treasurer  to  negotiate  temporary  loans  at  such  rate  of  inter- 
est as  the  Governor  and  Council  shall  approve.  I  also  sug- 
gest in  relation  to  all  persons  and  corporations,  in  their  con- 
tracts for  interest,  a  continuance  of  the  right  accorded  to 
them  by  chapter  76  of  the  Resolves  of  1865,  which  will 
otherwise  expire  in  the  course  of  a  few  months. 

INSTITUTIONS   FOR   SAVINGS. 

One  of  the  remarkable  civil  results  of  the  recent  military 
period,  is  the  present  banking  system  of  the  United  States ; 


334  GOYERNOR'S  ADDRESS. 

involving  the  introduction  of  changes  from  all  former  sys- 
tems, the  mere  agitation  of  which  at  any  time  previously 
within  thirty  years  would  have  stirred  profoundly  the  people 
of  this  country.  This  new  system  has  come  out  of  overrul- 
ing financial  necessities,  before  which  all  objecting  opinions, 
whether  of  persons  or  of  States,  have  gradually  and  kindly 
given  way.  In  patriotic  accordance  with  the  public  want  our 
own  State  has  given  up  a  favorite  policy  of  banking,  which 
was  based  on  a  capital  of  nearly  seventy  millions  of  dollars, 
and  which  sent  forth  to  the  remotest  States  of  the  Union  a 
paper  Currency  known  to  be  redeemable  at  home,  and  there- 
fore honored  everywhere  abroad.  We  have  cheerfully  sur- 
rendered this  to  the  demand  for  national  loans,  out  of  which 
has  grown  a  national  currency ;  and  in  surrendering  it  we 
have  parted  with  a  leading  source  of  revenue  which  formerly 
paid  a  large  proportion  of  the  ordinary  expenses  of  our  gov- 
ernment. Only  a  single  State  bank,  and  that  having  a  small 
capital,  now  remains. 

As  one  of  the  results  of  this  change,  the  Act  of  1865, 
chapter  two  hundred  and  sixty-two,  abolishing  the  State 
board  of  bank  commissioners,  took  eifect  on  the  first  day  of 
the  present  year. 

This  condition  of  the  law  leaves  the  Institutions  for  Sav- 
ings without  that  guard  and  security  which  the  legislature 
has  heretofore  placed  over  these  interests.  The  deposits  in 
one  hundred  and  two  saving  institutions  now  amount  to 
nearly  sixty  millions  of  dollars,  a  sum  exceeding  by  six  mil- 
lions the  combined  capital  of  both  classes  of  banks  in  1851, 
when  the  boaj'd  of  commissioners  was  established.  I  do  not 
believe  that  the  supervision  of  the  State  should  be  withdrawn 
from  this  vast  amount  of  deposits,  which  are  intrusted  to 
ofiicers,  who,  however  excellent  they  may  be,  are,  even  less 
immediately  than  the  directors  of  banks  of  discount  and  cir- 
culation, under  the  control  of  those  whose  funds  they  man- 
age. The  number  of  these  depositors  is  almost  three  hundred 
thoiisand,  and  consists  for  the  most  part  of  those  persons, — 
men,  women  and  children, — who  naturally  accept  in  con- 
fidence the  relations  established  by  law  between  themselves 
and  the  custodians  of  their  funds,  and  look  no  farther.  In 
no  department  of  public  policy  has  the  legislature  been  more 
parental,  or  more  stern,  than  in  that  which  has  surrounded 
these  deposits  with  limitations  of  disposal  and  investment ; 
but  who,  now,  since  the  passage  of  the  Act  of  last  year,  shall 
know  and  rejjort  whether  the  laws  are  kept  or  arc  Ijroken  ? 
I  therefin'e  recommend  for  your  early  action  the  establish- 
ment of  a  permanent  commission  over  the  institutions  for 


GOVERNOR'S  ADDRESS.  335 

savings,  having-  the   clear   opinion   that   one   commissioner 
ought  to  he  sufficient. 

POPULAR   EDUCATION. 

Among  the  annual  documents  wliich  will  he  laid  hefore 
you,  I  attach  the  highest  importance  to  that  coming  from  the 
department  of  Education.  Other  reports  are  significant,  hut 
this  is  elementaiy  and  animates  all  the  rest.  Many  theories, 
and  laws,  and  systems  prevail  in  Massachusetts,  hut  they  all 
at  last  rest  upon  the  foundation  of  popular  education.  This 
it  is  which  imparts  to  her  character  at  home  dignity  and 
power,  and  which  gives  to  her  presence  in  the  circle  of  the 
States  an  influence  that  outlives  the  transitory  fortunes  of 
faction  and  party. 

It  has  been  to  me  an  interesting  subject  for  inquiry,  how 
far,  and  in  what  manner  of  illustrating  their  convictions,  the 
people  of  the  State,  distributed  through  three  hundred  and 
thirty-four  cities  and  towns,  have  in  a  year  of  unprecedented 
war  and  taxation  demonstrated  their  devotion  to  the  cause 
of  free  education.  The,  result  of  this  investigation  justifies 
felicitation.  The  epoch  of  arms  has  been  above  all  preceding 
periods  the  epoch  of  liberality  and  beneficence. 

I  find  that  in  the  first  educational  year  after  the  rebellion 
broke  out  there  was  in  the  State  a  decrease  in  the  school 
appropriations  of  '1)68,000.  Tlie  next  year,  1863-4,  these 
appropriations  rose  to  (f  10 1,000  above  the  preceding,  the 
largest  increase  with  a  single  exception  which  had  ever  been 
made.  But  in  1864-5,  the  last  year  of  the  war,  the  gain 
amounted  to  the  sum  of  ^246,000,  more  than  double  that  of 
any  previous  year,  the  amount  expended  on  public  schools, 
exclusive  of  buildings  and  books,  being  $1,940,000.  All  the 
municipalities  of  the  State,  save  twenty-two,  raised  by  taxa- 
tion double  the  sum  required  by  law  as  a  condition  of  their 
receiving  a  sliare  of  the  income  of  the  general  school  fund. 
I  hail  these  results  as  an  augury  of  the  future,  and  as  dis- 
pelling the  apprehension  that  a  State  fund  for  educational 
bounties  will  beget  municipal  indifference.  The  School 
Fund,  the  maximum  of  which  was  fixed  at  two  millions  by 
the  Acts  of  1864,  has  reached  its  limit  and  is  now  full.  This 
of  itself  is  an  achievement  worthy  of  a  State,  and  which  has 
reqiiired  years  for  its  accomplishment ;  but  I  point  with 
pride  to  the  fact  that  the  towns  now  raise  by  taxation  in  a 
single  year  an  amount  of  school  money  almost  equal  to  the 
entire  fund. 

I  may  be  permitted  to  urge  upon  the  people  the  necessity 
of  continuing   to   elevate   the  standard  of  compensation  to 


336  GOVERNOR'S  ADDRESS. 

teachers  as  the  surest  method  of  maintaining  and  enlarging 
the  beneficence  of  public  schools. 

INSTITUTIONS   OP   CHARITY,   REFORM   AND    CORRECTION. 

The  Charities,  Reforms  and  Corrections  of  the  State,  with 
their  varied  interests  and  complicated  machinery,  will  demand 
your  careful  attention.  It  will  be  your  privilege  and  pride 
to  maintain  unblemished  the  reputation  of  the  Common- 
wealth for  discriminating  philanthropy  and  that  "  charity 
that  never  faileth."  It  ivill  be  a  duty,  not  to  he  evaded^  to 
insist  on  a  rigid  economy^  and. to  retrench  with  vigor  wherever 
practicable.  This  is  not  only  an  act  of  pecuniary  justice  to 
tax-payers,  but  an  essential  element  of  humanity  itself;  for 
whatever  sum  from  the  resources  of  the  community  is  set 
aside  for  its  disabled  members,  must  be  expended  for  the 
greatest  possible  number,  which  can  only  be  done  by  avoid- 
ing all  superfluous  outlays,  and  confining  each  recipient  to 
the  limit  of  his  actual  needs.  This  is  not  parsimony,  but 
simply  t«he  exercise  of  a  conscientious  duty.  That  policy, 
then,  will  doubtless  commend  itself  to  the  common  sense  of 
the  people,  which  would  avoid  the  creation  of  exceptional 
classes ;  which  would  discourage  the  increase  of  great  public 
institutions,  except  for  the  restraint  of  such  as  are  not  fit  to 
be  at  large ;  which  would  seek  to  elevate  the  individual  by 
constant  contact  with  many  better  and  stronger  than  himself, 
instead  of  confirming  him  in  his  abnormal  condition  by  con- 
finement with  massed  degradation  and  imbecility ;  which 
would  maintain,  to  the  latest  moment,  the  ties  of  home,  and 
refuse  to  extinguish  the  last  spark  of  energy  and  ambition 
by  breaking  up  the  family  circle ;  which  would  strive  to 
reform  the  juvenile  offender,  by  the  influence  and  example  of 
a  virtuous  household,  guided  with  ready  tact  by  a  strong 
mind  and  a  warm  heart,  approximating  as  nearly  as  may  be 
to  this  principle,  when  its  full  practical  realization  is  impos- 
sible ;  which,  in  short,  would  make  every  one,  as  far  as 
possible,  a  producer,  and  would  so  thoroughly  distribute 
those  inevitably  dependent  as  to  lighten  the  burden  of  their 
support,  and  render  their  deficiencies  less  repulsive. 

I  cannot  but  hope  that  a  close  adherence  to  these  simple 
principles  in  dealing  with  our  own,  with  the  remembrance 
that  the  prevention  is  better  than  the  cure,  and  conseq\iently 
with  tlie  hearty  encouragement  and  support  of  those  whose 
duty  it  is  to  protect  the  State  from  the  paupers  and  criminals 
of  other  communities,  will  prevent  the  increase  of  expenditure 
in  this  department,  and  eventually  reduce  it  to  a  minimum. 


GOVERNOR'S  ADDRESS.  337 

Board  of  State   Cliarities. 

With  the  views  just  expressed,  I  believe  the  Board  of  State 
Charities  to  be  in  substantial  accord ;  which  body  was  created 
by  the  Legislature  of  1863,  and  intrusted  with  the  investiga- 
tion and  supervision  of  the  "  public  charitable  and  correc- 
tional institutions  of  the  Commonwealth,"  It  was  also  made 
their  duty  to  "  recommend  such  changes  and  additional 
provisions  as  they  may  deem  necessary  for  their  economical 
and  efficient  administration."  Still  in  the  primary  stage  of 
its  researches,  this  Board  can  hardly  be  ready,  even  were  it 
desirable,  to  recommend  any  radical  changes.  But  such 
suggestions  as  they  may  offer,  fortified  by  facts  and  figures, 
and  the  compiled  experience  of  other  communities  as  well  as 
our  own,  will,  doubtless,  receive  your  deliberate  considera- 
tion, especially  if  they  point  the  way  to  an  intelligent 
humanity  through  a  discreet  economy. 

Besides  these  general  functions,  this  Board  has  been 
charged  with  the  collection  of  valuable  statistics,  and  "\vith 
other  duties  of  vital  importance  to  the  tax-payers  of  the 
State,  which  were  formerly  assigned  to  several  distinet 
departments. 

Among  them  are  the  supervision  of  all  immigrants  enter- 
ing the  port  of  Boston,  with  the  view  to  prevent  the  landing 
of  such  as  may  become  a  public  charge,  except  under  bond, 
and  the  collection  of  the  head-money  received  in  commutation 
thereof,  which  amounts  for  1865,  to  about  ^17,000.  This 
supervision  should,  in  my  judgment,  be  extended  to  all  the 
ports  of  Massachusetts,  to  secure  a  uniform  policy  and 
efficient  protection. 

They  must,  also,  examine  the  pauper  inmates  of  the  Char- 
itable Institutions,  and  remove  all  from  the  State  who  have  a 
right  to  support  elsewhere.  This  action  is  based  not  only  on 
economical  grounds,  but  on  the  broad  principle  that  the 
truest  humanity  to  the  dependent  requires  that  every 
community  shall  be  made  to  provide  for  its  own  poor. 

The  necessity  for  unceasing  vigilance  in  these  labors  is 
proved  by  the  following  facts  derived  from  the  official 
records : 

For  the  year  ending  September  30,  1865,  the  average 
population  of  the  State  Almshouses  was  1,919.  Their  sup- 
port has  cost  in  money  drawn  from  the  Treasury,  $152,500, 
nearly.  During  the  same  period,  1,702  paupers  and  lunatics 
belonging  to  other  communities,  were  removed  from  the 
Commonwealth  by  this  Board.  These  removals  have  cost 
only  $6,500.  Since  September  30,  1857,  14,000  paupers, 
including   more   than   one   thousand  lunatics,  have  in  like 

50 


;338  GOVERNOR'S  ADDRESS. 

manner  been  removed.  These  removals  have  cost  about 
$50,000  or  83.50  for  each  person  sent.  To  support  those 
who  remained  has  cost,  for  the  eight  years,  in  round  num- 
bers, $1,100,000  for  a  constant  average  of  2,042  paupers,  and 
$630,000  for  an  average  of  550  lunatics. 

As  the  direct  results  of  this  action,  no  new  pauper  institu- 
tion has  been  designed  since  1857,  and  none  appears  likely 
to  be  required ;  the  average  number  in  the  almshouses  is  less. 
than  ten  years  ago,  and  notwithstanding  the  increase  of  our 
population,  especially  in  that  class  whence  State  paupers  are 
derived,  the  official  returns  seem  to  me  to  indicate  that  their 
number  has  considerably  decreased  since  1855.  It  is  the 
obvious  policy  of  the  State  to  maintain  and  strengthen  these 
barriers  against  the  influx  of  such  a  mass  of  pauperism,  with 
its  attendant  vice  and  crime,  by  furnishing  its  executive 
officers  with  all  needed  facilities  for  the  vigorous  discharge 
of  their  duties. 

The  remaining  functions  of  this  Board  are  the  adminis- 
tration of  the  laws  respecting  settlement  and  illegitimacy. 

The  expenses  of  all  its  departments  for  1865  are  $19,900  ; 
the  receipts,  $21,500. 

Hospitals  and  Almshouses. 

That  class  of  dependents  known  as  State  paupers  receives 
but  a  slight  measure  of  outside  relief,  and  is  distributed 
among  the  three  Lunatic  Hospitals,  the  three  State  xVlms- 
houses,  and  Rainsford  Island  Hospital. 

These  institutions  are  unlike  in  their  forms  of  government 
and  modes  of  support.  The  Lunatic  Hospitals  accommodate 
town  and  private  patients,  as  well  as  the  State  pauper  insane. 
The  latter  are  received  for  $3.25  per  week,  and  numbered, 
at  the  close  of  the  year,  478.  The  aggregate  of  their  bills 
for  the  year  1865  will  be  $84,000.  At  the  close  of  1862 
they  numbered  692,  and  were  supported  at  $2.25  per  week, 
and  their  total  cost  was  $100,000.  This  is  a  creditable 
reduction. 

The  State  Almshouses  have  averaged  1,919  inmates,  which 
is  less  than  in  any  year  save  one  of  their  existence.  The 
cost  for  1865  will  not  vary  much  from  $160,000. 

The  Hospital  at  Rainsford  Island  has  averaged  88  inmates, 
whose  support  has  cost  $26,600. 

Tlie  total  expenditure  for  State  paupers  in  the  charitable 
institutions  is  therefore  about  $270,000,  for  an  average  of 
some  2,490  inmates. 

I  must  call  your  attention  to  recent  national  legislation, 
intended  to   stimulate  immigration,  for  which   purpose   a 


'GOVERNOR'S  ADDRESS.  339 

special  Bureau  has  been  created  in  the  Department  of  State. 
A  liberal  and  far-seeing  policy  should  induce  us  to  welcome 
to  the  fertile  West  the  laborers  of  Europe,  the  produce  of 
whose  toil  is  supposed  to  flow  backward  in  a  ceaseless  tide  to 
enrich  and  to  benefit  the  East.  But  natural  laws  must  not 
be  overlooked.  The  poorer  part  of  the  stimulated  immigra- 
tion is  to  be  thrown  upon  the  seaboard  States,  where  it  will 
of  necessity  remain  a  local  burden.  Our  own  cumbrous 
institutions  of  charity  and  reform,  sad  mementos  of  that 
brief  period  when  our  own  protective  laws  did  not  exist,*  or 
were  feebly  executed,  should  rouse  ns  to  make  sure  that  the 
costly  neglect  shall  never  be  repeated.  Justice  to  the  Atlan- 
tic States  demands  that  they  should  not  be  made,  by 
Congress,  a  mere  strainer  through  which  the  muscle  and 
capital  of  the  immigration  shall  pass,  unless  the  inevitable 
refuse  be  also  cared  for  by  national  legislation. 

Reformatories. 

The  schools  at  Westborough  and  Lancaster,  and  the  Nau- 
tical School  Ship,  constitute  the  three  juvenile  reformatories 
of  the  State.  During  the  present  year  they  have  maintained 
about  625  boys  and  girls,  for  about  1100,000. 

Grave  and  embarrassing  questions,  affecting  the  discipline 
and  administration  of  these  institutions,  and  of  especial 
importance  as  involving  a  large  appropriation,  will  be  pre- 
sented for  your  consideration  in  the  Reports.  I  ask  for  tliese 
questions  your  close  examination  and  full  discussion. 

Cost  of  our  Charities  and  Reforms. 

The  aggregate  cost  of  our  charities  and  reforms  for  1865 
cannot  as  yet  be  precisely  ascertained,  but  it  will  vary  little 
from  $500,000.  Possibly  to  some  who  have  become  familiar- 
ized to  the  stupendous  aggregates  of  the  w^ar,  this  sum  may 
not  seem  large  ;  but  it  is  larger  than  the  entire  State  tax  of 
many  former  years,  and  unless  promptly  dealt  with,  will 
rather  increase  than  diminish.  The  finances  of  the  State, 
while  warranting  a  liberal  outlay  for  the  ordinary  calls  of 
humanity,  will  not  allow  a  lavish  expense  on  experiments. 

Mindful  of  the  precepts  of  Christian  charity,  implanted  in 
their  youthful  minds  l^y  primer  and  parable,  and  confirmed 
by  the  practice  of  maturer  years,  the  people  of  Massachusetts 
have  also  not  forgotten  the  traditionary  and  kindred  lessons 
of  thrift  and  frugality.  Not  niggardly  of  their  means,  on 
any  call  of  humanity  or  patriotism,  they  desire  to  see  in 
the  substantial  progress  of  the  cause  an  equivalent  for  their 
sacrifices. 


340  GOVERNOR'S  ADDRESS. 

There  are  other  institutions  of  charity,  aided  but  not 
entirely  supported  by  the  State.  For  most  of  them,  the 
money  is  doubtless  judiciously  appropriated.  In  regard  to 
a  few,  it  might  be  well  to  examine  whether  their  entire 
support  could  not  safely  be  left  to  private  munificence. 

For  the  condition  and  management  of  these,  as  well  as  of 
the  Prisons  and  Corrections,  I  must  refer  you  to  the  Reports 
of  the  Supervising  Boards. 

*  AGEICULTURE   IN   THE   STATE. 

The  agricultural  interests  of  the  Commonwealth  have  been 
sustained  with  unusual  vigor  during  the  year.  It  is  manifest 
that  a  greater  attention  is  paid  to  sheep-husbandry  than  in  a 
few  years  past,  the  statistics  showing  a  decided  increase  in 
the  number  of  sheep  kept,  and  the  profits  realized  from  the 
flocks,  since  1860.  This  industry  is  worthy  of  the  care  of 
the  legislature. 

Many  of  the  Governments  of  Europe  have  thought  this 
branch  of  husbandry  of  sufficient  importance  to  their  com- 
mercial and  manufacturing  interests  to  entitle  it  to  special 
encouragement  by  legislation,  and  this,  no  doubt  has  con- 
tributed there  largely  to  the  public  wealth. 

A  gradual  and  perceptible  improvement  has  taken  place 
in  our  neat  stock,  and  it  becomes  more  and  more  apparent 
that  cattle  husbandry  lies  at  the  foundation  of  every  success- 
ful system  of  agriculture.  It  has  been  suggested  that  a 
great  impetus  could  be  given  to  improvement  in  this  direc- 
tion by  constituting  the  farms  owned  and  managed  by  the 
State  into  breeding  establishments  for  some  of  the  pure-bred 
classes  of  stock,  adapted  to  their  wants  and  to  the  institu- 
tions with  which  such  farms  are  connected  and  the  localities 
wherein  they  are  situated.  A  similar  course  has  been 
adopted  in  other  countries. 

The  prevalence  of  an  alarming  and  destructive  disease 
among  the  cattle  of  Great  Britain,  known  as  the  cattle- 
plague,  suggests  the  expediency  of  continuing  the  Commis- 
sion upon  contagious  diseases  among  our  own  herds,  and  of 
providing  it  with  an  adequate  appropriation  to  be  used  in 
case  of  emergency.  By  the  report  of  that  Commission, 
which  will  soon  be  laid  before  you,  it  will  be  seen  that  only 
about  one-half  of  a  former  appropriation,  the  time  of  using 
which  has  now  expired  by  limitation,  has  been  exhausted,  a 
considerable  part  of  the  sum  used  having  been  expended  for 
experiments  ordered  by  the  executive.  The  balance  of  that 
appropriation  may  ha  found  sufficient  for  the  present  year. 


GOVERNOR'S  ADDRESS.  sn 

The  attendance  during  the  past  season  upon  the  fairs  held 
by  the  various  agricultural  societies  has  been  unprecedented, 
and  it  can  no  longer  be  doubted  that  these  societies  are 
accomplishing  their  original  design  in  developing  the  agri- 
culture of  the  State.  It  is  also  proper  to  state  in  this  connec- 
tion that  the  plan  adopted  by  the  State  Board  of  Agriculture 
of  holding  annual  public  meetings  at  some  convenient  point 
in  the  country,  for  the  purpose  of  diffusing  information  by 
means  of  lectures  and  discussions  upon  practical  subjects, 
has  unquestionably  increased  the  efficiency  of  that  organiza- 
tion. 

The  State  Cabinet  has  been  gradually  and  constantly 
increased  till  it  forms  a  very  creditable  illustration  of  the 
extent  and  diversity  of  the  natural  history  of  the  Common- 
"wealth,  and  has  become  a  place  of  constant  resort  for  all 
classes  of  the  people. 

THE    MILITIA. 

The  present  condition  of  the  Militia  organization  is  the 
result  of  the  legislation  of  1864  essentially  amended  by  that 
of  1865. 

It  is  not  my  purpose  to  discuss  this  subject  with  the  detail 
which  belongs  to  a  process  of  argument  and  theory  that 
would  cover  so  broad  a  field  of  original  inquiry.  I  take  the 
law  as  I  find  it,  and  with  such  aid  and  counsel  as  you  may 
accord  to  me,  desire  to  give  to  it  early  and  practical  admin- 
istration. 

I  may  say,  however,  that  the  present  status  of  the  militia 
laws  is,  according  to  my  understanding,  in  substantial  har- 
mony with  the  genius,  habits  and  traditions  of  our  constitu- 
ents, as  they  have  been  expressed  by  legislation  for  more 
than  twenty-five  years.  It  is  not  difficult  for  me  to  yield  a 
ready  theoretical  assent  to  the  opinions  of  those  who,  adopt- 
ing the  analogies  of  European  systems,  would  bring  the 
whole  body  of  the  people  within  proper  age  under  the 
discipline  and  training  of  arms.  But  it  is  not  easy  to  me 
to  disregard  the  fact, — one  of  daily  observation,  of  history, 
and  of  legislation, — that,  while  the  men  of  Massachusetts, 
as  they  have  recently  on  nearly  two  hundred  battle-fields 
illustrated  this  truth,  are  in  war  a  military  people,  yet  in 
long  periods  of  peace  they  are  likely  to  continue  to  be  in  the 
future,  as  they  have  been  in  the  past,  not  especially  attracted 
by  the  allurements  or  by  the  expenditures  of  an  extended 
military  system.  And  after  a  careful  survey  of  tha  drift 
of  our  legislation,  and  especially  standing  here  with  the 
memory  of  what  I  at  the  time  as  a  representative  felt  to  be 


342  GOVERNOR'S  ADDRESS. 

the  intent  and  meaning  of  the  Act  of  1865,  it  does  not 
come  within  my  sense  of  conviction  or  of  duty  to  favor 
anything  like  an  involuntary  or  universal  plan  of  militia 
obligations  to  be  enforced  by  the  laws. 

But,  again,  we  must  all  of  us  believe  in  the  absolute 
necessity,  even  at  the  certainty  of  incurring  considerable 
expense,  of  a  certain  body  of  men,  to  be  sufficient  in 
numbers  and  under  a  proper  style  of  training,  and  having 
a  reasonable  measure  of  compensation.  In  other  words, 
according  to  my  interpretation  of  the  disposition  and  the 
necessity  of  the  people  of  this  State,  there  should  be  at 
all  times  a  good  organization  of  volunteers ;  well  armed, 
equipped  and  uniformed  at  the  pubic  cost,  practised  and 
disciplined  to  the  best  attainable  extent  in  peace,  and  ready 
for  any  emergency  that  shall  call  them  to  arms.  I  consider 
it  to  be  the  paramount  duty  of  the  legislature  to  make  sure 
of  as  much  as  this. 

Such  a  system,  it  appears  to  me,  we  now  have.  The  effect 
of  the  Act  of  1865,  modifying  that  of  1864,  has  been  to 
reduce  the  present  plan,  in  substance,  to  one  which  is  volun- 
tary. If  there  are  those,  not  very  numerous  it  is  to  be 
hoped,  who  having  enlisted  under  the  Act  of  1864  and  prior 
to  the  passage  of  that  of  1865,  regard  themselves  as  sustain- 
ing the  character  of  what  I  may  term  involuntarij  volunteers, 
it  is  my  desire  and  purpose,  so  far  as  the  matter  may  devolve 
upon  me,  to  consider  their  relations  in  a  spirit  of  equity  and 
justice. 

In  this  state  of  the  law,  there  are  now  organized  eighty- 
eight  companies  of  Infantry,  six  companies  of  Cavalry, 
four  Batteries  of  Light  Artillery,  and  two  companies  of 
Cadets.  The  infantry  for  the  most  part  are  not,  but  easily 
can  be,  assigned  to  Regiments.  As  soon  as  the  Regimental 
organizations  shall  be  completed,  the  formation  of  Brigades 
and  divisions  will  easily  follow. 

To  arm,  equip  and  uniform  this  number  of  men,  the 
legislature  has  appropriated  a  large  amount  of  money,  and 
the  articles  purchased  are  ready  for  delivery.  Arms  have 
been  delivered  to  some  ;  uniforms  to  none. 

Since,  then,  we  have  a  militia  organization,  incomplete, 
yet  capable  of  completion  in  law  and  in  practice,  I  ask  your 
co-operation,  that  this  may  be  accomplished  at  an  early  day. 
These  companies  and  regiments  will,  in  my  opinion,  tend  to 
discontent  and  demoralization  unless  they  shall  be  supplied 
with  .uniforms,  their  organization  be  completed,  the  Division 
Commanders  be  chosen  by  the  legislature,  and  the  system  be 
brought  to  maturity  for  inspection  and  encampment.     Tlie 


GOVERNOR'S  ADDRESS.  343 

Act  of  1864,  section  73,  provides  that  every  person  to  whom 
a  uniform  is  issued  shall  receive  half  pay  only  for  services 
until  the  cost  sliall  have  hccn  liquidated  by  his  service,  when 
the  uniform  shall  become  his  property.  This  provision  was 
repealed  by  the  Act  of  1865. 

If,  in  your  judgment,  the  proper  construction  of  the  two 
Acts  together  is,  that  the  uniforms,  if  now  delivered,  would 
still  become  the  property  of  the- men,  I  suggest  that  the 
difficulty  may  be  cured  by  a  declaratory  Act  giving  to  the 
delivery  of  the  articles  the  effect  of  a  loan  for  only  legitimate 
uses.  I  also  suggest  that  it  may  be  necessary  to  give  to  the 
property  further  assurance  of  security,  by  making  it  a  penal 
offence  on  the  part  of  any  member  to  wear  the  uniform 
when  not  on  duty,  and  for  wilfully  and  maliciously  injuring 
the  same.  This  would  bring  the  present  law  into  substan- 
tial conformity  with  the  Acts  of  1842  and  with  the  General 
Statutes.  I  venture  to  recommend  the  subject  to  your 
prompt  attention  in  order  that  the  Division  Commanders 
may  be  elected  by  you  during  the  present  session. 

If  the  law  shall  go  into  practical  operation,  the  annual 
expense  for  bounties  and  armories  is  estimated  at  not  far 
from  $110,000.  This  estimate  is  predicated  upon  the  belief 
that  not  more  than  an  average  of  sixty  men  to  a  company  of 
Infantry  will  perform  the  duties  which  will  entitle  them  to 
payment.  The  same  sum  is  included  in  the  estimate  of 
expenses  for  the  year,  which  I  have  before  given.  If  the 
whole  number  of  Infantry  allowed  by  the  law  were  to 
perform  military  duty,  the  cost  of  bounties  would  be 
1147,000. 

RELIEF   FOR  SOLDIERS  AND   SAILORS. 

I  have  spoken  in  detail  of  the  departments  of  our  govern- 
ment, and  that  well-adjusted  machinery  which,  amid  the 
shock  of  arms,  has  run  smoothly  on,  unshaken  from  its 
pivots  by  the  greatest  internal  convulsion  of  the  century. 

The  grateful  task  remains  to  make  fitting  mention  of  those 
sons  of  Massachusetts,  whose  toils  and  pains,  and  glorious 
deaths, — glorious  alike  in  prison  pens,  or  on  stricken  fields, — 
have  purchased  the  continuance  of  these  civil  blessings. 
Citizen  soldiers,  they  have  proved  that  industrious  peace 
can  develop  and  maintain  most  formidable  war.  At  the  first 
sound  of  rebellious  cannon,  emulating  the  spirit  of  their 
fathers,  the  young  men  of  Massachusetts  sprang  to  arms 
from  farm  and  work-shop,  counting-room  and  study,  reckoning 
"  all  things  as  loss  "  for  the  maintenance  of  the  constitution 
and  the  laws  and  the  integrity  of  the  Federal  Union. 


344  GOVERNOR'S  ADDRESS. 

They  have  carried,  side  by  side,  the  national  emblem  and 
the  flag  of  Massachusetts,  and  under  them  have  proved,  on  a 
hundred  gory  fields,  their  own  manhood,  and  the  fealty  of 
the  Commonwealth  to  "  Liberty  and  Union,  one  and  insepara- 
ble." And  the  gallant  survivors  have  borne  in  triumphal 
march  their  tattered  remnants  to  this  their  Capitol,  to  be  pre- 
served in  permanence  among  our  most  cherished  treasures. 
All  along  our  shores,  and  under  the  very  gaze  of  wondering 
Europe,  our  seamen  have  sustained  the  traditionary  valor  of 
the  Navy  and  performed  an  indispensable  service  in  the  exter- 
mination of  the  Rebellion.  And  now  that  their  work  is  done, 
we  witness  one  of  the  grandest  triumphs  of  free  American 
Institutions,  in  the  return  of  our  disbanded  hosts  to  their 
usual  avocations,  to  enjoy  in  reassured  liberty  the  tranquil 
repose  the  sword  has  won. 

In  this  grand  uprising  color  and  race  have  vied  together  to 
maintain  American  nationality.  In  our  grateful  acknowledg- 
ments let  all  colors  and  races  share.  Alike  for  all  let  us  rear 
•a  monument  more  enduring  than  marble.  The  great  heart 
of  the  people  shall  be  its  firm  foundation,  and  its  every  stone 
some  substantial  tribute  to  the  merits  of  the  living  and  the 
relicts  and  orphans  of  the  dead. 

The  consideration  of  the  best  method  of  discharging  these 
pious  obligations  was  intrusted  by  the  last  General  Court  to 
a  select  committee.  The  result  of  their  labors  will  doubtless 
be  presented  to  you  with  recommendations  in  detail.  For 
my  own  part,  I  am  satisfied  that  respectful  deference  should 
be  paid  to  the  wishes  of  the  parties  most  interested  ;  and  that 
no  soldiers,  or  dependants  of  a  soldier  of  sufficient  age  to 
judge  for  themselves,  should  against  their  will  be  consigned 
to  a  public  "  Home,"  or  separated  from  their  friends,  or 
removed  from  the  town  of  their  residence,  unless  mental  or 
moral  obliquity  should  demand  it.  If,  as  is  alleged,  the 
great  majority  of  the  disabled  would  prefer  to  maintain  the 
domestic  relation,  or  to  choose  a  home  for  themselves,  if  des- 
titute of  such  ties,  in  some  private  family,  they  should  not 
only  be  encouraged  but  aided  in  their  efforts.  And  to  meet 
in  part  the  debt  of  gratitude  due  them  from  the  State,  it  has 
been  suggested  that  some  system  of  half  pay  be  devised, 
which,  like  the  pay  of  retired  officers,  should  be  awarded  and 
received,  not  as  a  charity,  but  as  a  right.  Some  provision 
should  also  be  made  for  the  widows  and  orphans  of  the  fallen. 
But  for  the  class  who  cannot,  from  extreme  disability,  care 
for  themselves,  and  prefer  to  reside  in  a  "  Soldiers'  Home," 
provision  might  be  made  by  continuing  and  enlarging  the 
temporary  institution  now  aided  by  the  State.     There  is  a 


GOVERNOR'S  ADDRESS.  345 

strong  feeling  against  adding  another  to  our  large  permanent 
institutions,  on  the  twofold  ground  that  it  would  tend  to 
pauperize  the  soldier,  and  that  the  money  which  should  be 
expended  for  his  benefit  would  Jdo  absorbed  by  the  necessary 
salaries  and  incidentals  of  a  great  establishment. 

I  am  disposed,  with  my  present  light,  to  coincide  in  the 
views  above  expressed.  In  any  event,  as  the  number  who 
cannot  enter  an  institution  must  be  large,  it  would  seem 
necessary  to  vest  in  some  one  or  more  judicious  persons  the 
duty  of  examining  each  individual  case,  and  deciding  upon 
its  merits,  subject,  however,  to  revision  by  a  higher  tribunal 
in  case  of  appeal.  In  the  same  hands  should  be  placed  the 
systematizing  of  the  whole  subject,  and  the  preparation  of  a  " 
complete  record  of  every  claimant  or  recipient,  with  the 
entire  history  of  each.  Through  the  light  thus  obtained,  and 
having  thus  ascertained  the  wishes  of  the  soldiers  them- 
selves, a  better  plan  might  be  devised,  or  existing  defects  be 
remedied. 

SANITARY  NECESSITIES. 

Among  the  most  important  subjects  which  can  engage  the 
attention  of  Legislators  are  those  that  relate  to  the  health  of 
the  people. 

In  view  of  the  threatened  approach  of  an  epidemic,  which 
has  afflicted  the  Eastern  hemisphere,  and  apparently  waits 
only  the  opening  season  to  make  its  advent  in  the  Western,  I 
suggest  the  expediency  of  an  examination  of  the  statutes 
defining  the  powers  and  duties  of  Boards  of  Health ;  that, 
by  suitable  amendments,  local  authorities  may  have  greater 
facilities,  and,  if  need  be,  greater  powers,  for  meeting  the 
possible  emergency. 

Concentrated  as  is  fully  one-half  our  population  in  the 
cities  and  larger  towns,  I  cannot  urge  upon  you  too  strongly 
the  importance  of  those  precautionary  measures,  which,  if 
deferred,  will  either  be  omitted  in  the  overwhelming  panic  of 
the  approaching  scourge,  or  be  adopted  too  late  to  stay  its 
ravages.  It  is  certain  that  in  the  exigency  of  its  presence, 
powers  not  conferred  by  law  are  assumed  without  scruple  ; 
and  sometimes  by  parties  whose  zeal  may  outrun  their  knowl- 
edge and  discretion.  It  is  wise,  therefore,  through  legal 
action,  to  avail  ourselves  of  the  calmness  of  an  assured  pre- 
paration, which  professional  experts  declare  to  be  in  itself  a 
most  efficient  preventive. 

THE   PROVINCIAL  LAWS. 

My  predecessor  twice  in  his  annual  address  earnestly  recom- 
mended the  collection  and  publication  o'f  the  Provincial  Laws, 

51 


346  GOYEHNOE'S  ADDRESS. 

as  of  inestimable  Talue.  In  1865  a  Resolve  was  passed  for 
the  appointment  of  Commissioners  to  prepare  for  publication, 
at  some  future  time,  a  complete  copy  of  our  Acts  and  Laws 
from  May,  1692,  down  to  the  Constitution,  including  all  legis- 
lative Acts  of  legal  and  historical  importance,  appearing  on 
the  General  Court  Records.  Commissioners  were  appointed 
accordingly,  who  state  to  me  that  there  can  be  procured  an 
entire  series  of  the  printed  pamphlets  of  all  such  Acts  and 
Laws  engrossed  on  parchment  as  the  General  Court  saw  fit  to 
publish  at  the  end  of  each  session,  from  May,  1692,  down  to 
October  25, 1780,  in  ten  folio  volumes ;  but  that  there  are 
very  many  enactments  or  laws,  during  that  period,  never 
engrossed  on  parchment,  of  printed,  but  extended  in  manu- 
script upon  the  General  Court  Records,  of  legal  or  historical 
importance,  including  the  incorporation  of  some  towns  and 
of  many  precincts  or  parishes ;  to  gather  all  of  which  would 
require  a  careful  examination  and  discreet  selection  from 
twenty-six  volumes  of  those  Records.  The  Commissioners 
suggest  that  the  means  provided  by  the  Resolve  are  inade- 
quate for  so  considerable  a  work,  and  express  a  hope  that,  if 
the  General  Court  shall  deem  the  work  worthy  of  completion, 
the  Resolve  may  be  amended,  and  more  specific  or  precise 
directions  be  given.  The  landmarks  of  our  legislation  and 
jurisprudence  ought  to  be  clearly  defined  and  sacredly  pre- 
served, and  the  suggestion  of  the  Commissioners  will,  I  trust, 
receive  your  approval. 

PROSECUTIONS   UNDER   THE   LIQUOR   LAWS. 

I  am  informed  by  the  Attorney-General  that  the  prosecu- 
tions for  violation  of  the  Statutes  relating  to  the  keeping  and 
sale  of  intoxicating  liquor,  which  during  the  last  year  were 
carried  on  writs  of  error  to  the  Supreme  Court  of  the  United 
States,  have  been  disposed  of;  and  every  possible  effort  will 
be  made  to  bring  the  earlier  cases  of  the  same  kind  to  a  hear- 
ing at  the  present  term  of  that  court.  These  causes  last 
named  were  entered  in  the  United  States  Court  during  the 
year  1861.  They  involve  the  validity  not  only  of  our  own 
prohibitory  law,  but  also  of  any  law  upon  the  subject,  whether 
prohibitory  or  designed  merely  to  regulate  the  liquor  traffic. 

Many  of  this  class  of  cases  have  been  removed  from  the 
State  Courts  into  the  Circuit  Court  of  the  United  States.  If 
that  court  shall  take  jurisdiction  of  these  prosecutions,  the 
trials  must  be  had  there,  instead  of  before  the  State  tribunals. 
It  is  not  believed  that  any  serious  delay  will  result  from  this 
course.  Some  legislation  may,  however,  be  necessary  to  pro- 
vide for  the  expens(?s  incident   to  the  trials  in  the  Circuit 


GOVERNOR'S  ADDRESS.  347 

Court.  None  of  the  present  provisions  of  law  on  the  subject 
of  costs  in  criminal  cases  and  the  payment  thereof  by  the 
Commonwealth  are  thought  to  be  applicable  to  this  new  state 
of  things.  If  you  shall  find  that  such  a  defect  exists,  it 
seems  just  that  you  should  supply  the  want,  and  that  the 
law  should  have  the  same  full  defence,  before  the  tribunals  of 
the  United  States,  which  it  has  successfully  had  before  our 
own. 

THE   QUESTIONS   OF   LABOR. 

It  will  be  my  duty  to  communicate  to  the  legislature,  when 
received,  the  report  of  the  Commissioners  appointed  under  a 
Resolve  of  the  last  General  Court,  to  consider  the  interests 
and  the  hours  of  labor.  In  the  absence  of  their  report  I  omit 
a  general  consideration  of  the  subject.  The  question  of  the 
hours  of  labor  is  not  merely  one  of  sanitary  connections,  but 
it  relates  to  the  social  condition  of  a  State.  Considered  in 
this  broad  sense,  it  is  at  all  times  entitled  to  -careful  and 
respectful  investigation.  There  are  volumes  of  evidence 
exhibiting  the  degree  of  attention  which  the  subject  has  from 
time  to  time  received  from  the  Parliament  of  Great  Britain. 
Having  myself  no  hesitation  as  to  the  rightful  authority  of 
the  legislature  over  the  subject,  and  believing  that  a  conces- 
sion to  the  wishes  of  those  who  seek  for  a  thorough  inquiry  * 
will  be  productive  of  a  better  understanding,  not  only  of 
the  specific  question  itself,  but  of  the  intimate  and  mutually 
beneficial  relations  which  all  classes  sustain  to  each  other,  I 
submit  the  matter  to  your  wisdom. 

THE  TROY   AND   GREENFIELD    RAILROAD,   AND    HOOSAC    TUNNEL. 

It  will  be  my  duty  immediately  to  transmit  to  you  the 
Report  of  the  Commissioners  upon  this  work,  made  up  to  the  ' 
26th  of  the  last  month.  You  will  perceive  that  the  difficulty 
which  has  been  encountered  at  the  west  end  of  the  tunnel  is 
not  regarded  by  these  gentlemen  as  formidable,  and  that 
after  reviewing  the  general  progress  and  condition  of  the  work, 
they  express  the  opinion  that  any  essential  variation  from  the 
estimates  heretofore  made  of  the  whole  cost,  must  arise  from 
the  advance  in  the  price  of  labor  and  materials.  I  commend 
to  you  a  careful  perusal  of  the  report.  The  State  having, 
when  it  took  the  enterprise  into  its  own  hands,  committed  its 
management  to  the  commission,  represented  by  men  eminent, 
able  and  expert,  I  feel  bound  to  accept  their  statements,  made 
under  professional  and  official  responsibility,  until,  through 
some  other  form  of  official  inquiry,  these  shall  be  shown  to 
be  positively  or  probably  not  entitled  to  confidence.   And  yet, 


348  GOVERNOR'S  ADDRESS. 

since  the  creation  of  all  commissions,  ordered  by  the  legisla- 
ture, but  appointed  by  the  Executive,  to  conduct  public 
works,  does  in  a  measure  withdraw  them  from  constant  public 
observation  and  scrutiny,  it  becomes  essentially  the  duty  of 
the  representatives,  year  by  year,  to  institute  investigation. 

The  Commissioners  report  that  should  the  prevailing  high 
prices  continue  to  delay  the  completion  of  the  railroad 
between  Greenfield  and  the  mountain  through  the  present 
year,  as  they  have  in  the  past,  the  unexpended  appropriation 
will  be  nearly  sufficient  for  operations  connected  with  the 
tunnel  alone.  But  whenever  further  appropriations  shall  be 
made,  I  respectfully  suggest  whether  some  definite  policy  of 
finance  ought  not  to  be  adopted  with  reference  to  the  work. 
The  amount  already  expended  upon  it  exceeds  the  scrip 
authorized  by  law,  and  the  enterprise  is  at  present  supported 
directly  from  the  Treasury. 

Western  Trade. 
There  can  be  no  doubt  that  new  facilities  and  new  avenues 
for  transportation  between  the  West  and  the  East  are  now 
absolutely  needed.  Our  lines  of  prosperity  and  growth  are 
the  parallels  of  latitude  which  connect  lis  with  the  young, 
V  rich  empire  of  men,  and  stock,  and  produce,  lying  around 
the  lakes  and  still  beyond.  The  people  of  Massachusetts, 
compact,  manufacturing  and  commercial,  must  have  more 
thoroughfares  through  which  the  currents  of  trade  and  life 
may  pass  to  and  fro,  unobstructed  and  ceaseless,  between  the 
Atlantic  and  the  national  granaries,  or  decay  will  at  no  dis- 
tant period  touch  alike  her  wharves  and  her  workshops. 
Let  us  avert  the  day  in  which  our  Commonwealth  shall 
become  chiefly  a  school-house  for  the  West,  and  a  homestead 
over  which  time  shall  have  drawn  silently  and  too  soon  the 
marks  of  dilapidation.  Any  policy  which  is  not  broad 
enough  to  secure  to  us  a  New  England,  having  a  proper  share 
in  the  benefits  of  this  new  opening  era  of  the  West,  be 
assured,  will  not  receive  the  approval  of  the  next  generation. 

THE   HARBOES. 

The  conservation  of  the  harbors  of  the  State  cannot  be  too 
frequently  pressed  upon  the  attention  of  the  General  Court. 
I  believe  that  seldom  a  magistrate  neglects  the  topic  in  his 
opening  address,  and  the  reason  is,  that  no  magistrate  having 
examined  the  subject  can  conscientiously  omit  it.  I  speak 
more  particularly  of  the  Harbor  of  Boston,  but  it  is  as  well 
and  as  much  the  harbor  of  Massachusetts. 


GOVERNOR'S  ADDRESS.  349 

Every  dollar  made  out  of  a  cargo  touching  at  the  Tvharf 
here,  or  out  of  a  rail-car  unlading  at  this  Capital,  is  as  useful 
in  sustaining  the  puljlic  burdens  as  if  it  were  made  in  Wor- 
cester or  Berkshire.  I  disown  the  sentiment,  that  the  mate- 
rial interests  of  Boston  are  not  equally  the  material  interests 
of  all  the  State,  and  such  a  sentiment  ought  to  be  received 
with  little  favor  in  this  chamber  or  in  either  wing  of  this 
Capitol. 

Nature  and  art  are  constantly  at  work  to  injure  the  har- 
bors, and  that  of  Boston  is  a  striking  example.  The  islands 
in  the  lower  harbor  are  rapidly  wasting  aAvay  under  the 
operation  of  tides  and  storms,  and  the  consequences  are  of 
the  most  serious  character.  The  material  taken  from  the 
islands  forms  spits  and  shoals  that  injure  the  main  channel. 
The  sea-walls  that  have  been  built  by  the  United  States  on 
these  islands,  have  been  very  useful ;  but  the  appropriations 
of  late  years  have  been  insufficient  to  accomplish  what  is 
absolutely  necessary.  In  the  words  of  the  United  States 
Commissioners,  in  their  second  report :  "  The  time  is 
approaching,  when  those  who  are  responsible  for  the  preser- 
vation of  Boston  Harbor,  must  make  up  their  minds,  either 
to  abandon  the  lower  harbor  to  its  fate,  or  to  make  applica- 
tion of  the  remedy,  and  the  only  remedy  by  which  the  pro- 
gress of  these  injuries  can  be  arrested.  This  remedy  is 
manifestly  the  continuation  of  the  old  and  the  construction 
of  new  sea-walls ;  a  proper  grading  of  the  hills,  and  the 
planting  of  a  suitable  grass  or  shrub  on  the  unsheltered 
surfaces." 

The  numerous  wharves  and  bridges,  and  the  immense 
amount  of  flats  filled  up  in  the  inner  harbor,  necessary  as 
such  structures  are  to  the  external  and  internal  commerce  of 
the  State,  have,  nevertheless,  proved  highly  prejudicial  to  the 
harbor,  by  diminishing  the  volume  and  force  of  the  ebb  tide, 
and  thus  weakening  its  power  of  scouring  the  channels  and 
carrying  off  the  accumulations  which  natural  and  artificial 
causes  are  constantly  pouring  into  them.  The  evils  of  which 
I  have  spoken  appear,  obviously,  to  require  the  appointment 
of  a  permanent  board  of  Harbor  Commissioners,  whose  duty 
it  shall  be  to  watch  over  and  protect  the  harbors  of  the  Com- 
monwealth ;  to  urge  upon  Congress  the  necessity  of  appro- 
priations for  the  outer  harbor  of  Boston  ;  to  see  that  no 
unlawful  encroachments  are  made  in  tide-waters ;  to  take 
care  that  when  Inidges  or  wharves  are  authorized  by  the 
legislature  they  shall  be  built  in  such  a  manner  as  to  do  the 
least  possible  injury  to  navigation,  and  that  when  the  filling 
up  of  flats  is  sanctioned,  suitable  compensation  for  the  tidal 


350  GOVERNOR'S  ADDRESS. 

volume  taken  shall  be  made  by  excavations  elsewhere,  or  by 
money  to.  be  applied  by  the  Commissioners  for  the  same  pur- 
pose. The  Commissioners  should  be  required  to  make 
annual  reports,  and  might  suggest  special  measures  for 
improving  or  protecting  any  harbor,  as  well  as  general  laws 
relating  to  flats  and  tide-waters. 

The  special  commissions  on  Boston  Harbor  have  no  doubt 
been  highly  beneficial ;  but  the  usefulness  of  any  one  of 
these  bodies  would  have  been  vastly  increased  if  it  had  been 
made  permanent ;  thus  gaining  skill  by  experience,  and  hav- 
ing time  to  carry  out  a  consistent  system. 

As  it  is  now  established  that  the  South  Boston  flats  may, 
if  secured  by  a  sufficient  quay-wall,  be  filled  up  and  used, 
provided  suitable  compensation  is  made  for  the  tide-water 
excluded,  by  excavations  in  other  parts  of  the  inner  harbor, 
the  only  questions  which  remain  are,  whether  the  time  has 
arrived  in  which  the  flats  can  be  profitably  filled,  and  how 
far  and  in  what  manner  the  Commonwealth  should  engage 
in  this  undertaking.  The  cost  of  the  work,  and  the  probable 
present  and  future  value  of  the  flats  when  filled,  are  subjects 
which  may  come  before  the  legislature  at  its  present  session, 
but  on  which  I  have  no  precise  information. 

The  duties  received  by  the  United  States  from  the  Boston 
Custom  House  form  the  equitable  fund  for  protecting  the 
harbor.  Though  Congress  docs  not  deny  the  obligation  of 
preventing  the  destruction  of  the  islands,  yet  the  appropria- 
tions have  been  so  entirely  inadequate  that  the  city  of  Boston 
has  felt  compelled  to  expend  money  for  this  object,  in  aid  of 
the  United  States.  And  the  Commonwealth  may,  if  the  same 
neglect  of  the  General  Government  continues,  at  some  future 
day,  not  remote,  find  it  necessary  to  make  appropriations  for 
the  same  purpose ;  trusting  that  the  United  States,  which 
receives  the  great  revenues  of  the  harbor,  and  owns  the 
Navy  Yard  at  Charlestown,  will,  sooner  or  later,  repay 
the  same,  as  debts  of  the  highest  obligation.  I  suggest  to 
the  legislature  the  propriety  of  memorializing  Congress  to 
make  immediate  and  sufficient  appropriations  for  sea-walls 
on  these  islands. 

I  am  aware  that  such  a  Board  as  is  contemplated,  if  estab- 
lished, must  of  necessity  be  clothed  with  large  powers.  But 
large  powers  in  this  case  are,  in  my  Ijelief,  the  very  thing 
which  is  needed.  Any  objection  arising  from  this  source 
would,  however,  be  greatly  obviated  by  providing  that  the 
acts  of  the  Board  should  not  ho  final  without  the  sanction  of 
the  legislature. 


GOVERNOR'S  ADDRESS.  351 

While  in  this  Address  I  have  felt  it  to  be  my  duty  to 
decline  recommendations  of  expenditures  of  money  "which 
have  been  suggested  to  me  from  official  and  unofficial 
sources,  excellent  as  most  of  them  were,  but  susceptible  of 
postponement, — and  while  the  only  considerable  new  expense, 
which  seems  to  me  to  be  essential  at  this  time,  is  that  in 
behalf  of  our  soldiers  and  seamen  from  the  war,  to  whom 
gratitude  will  be  eternal,  and  full  justice  will  be  impossible, 
and  the  measure  of  remuneration  must  be  respectable  and 
honorable  ;  yet,  it  would  have  been  on  my  part  a  dereliction 
of  duty  not  to  urge  once  more  upon  the  attention  of  the 
legislature  the  importance,  scarcely  to  be  fully  conceived  by 
us,  of  saving  to  all  the  people  of  the  State,  manifestly  now, 
but  vastly  more  appreciably  hereafter,  the  full  volume  of  the 
natural  ebb  and  flow  of  the  principal  harbor  of  the  earliest 
commercial  community  of  the  United  States. 

THE   CAPE   COD   CENTRAL   RAILROAD. 

The  vital  importance  to  commerce  of  the  harbor  of  Prov- 
incetown  has  induced  the  State  to  anticipate  the  action  of 
the  General  Government  by  prompt  protective  measures. 
The  absolute  necessity  for  its  defence  in  time  of  war  has 
secured  a  congressional  appropriation  for  extensive  fortifica- 
tions. But  equally  important  to  the  national  marine,  and 
indispensable  to  its  maintenance  in  war  as  a  military  post,  is 
the  extension  thereto  of  the  Cape  Cod  Central  Railroad  from 
its  present  terminus. 

I  therefore  suggest  the  propriety  of  a  legislative  memorial 
to  Congress  for  assistance  in  a  work  of  national  utility. 

OUR   BATTLE-FLAGS. 

I  have  already  made  allusion  to  the  return  and  formal 
delivery  of  the  battle-flags  of  jMassachusetts.  For  this  im- 
posing ceremony  my  honored  and  eminent  predecessor 
selected  a  historic  da}' — the  twenty-second  of  December — 
thus  happily  associating  the  close  of  his  own  arduous  and 
distinguished  administration  through  the  whole  period  of  the 
war  with  the  final  triumph  of  Freedom  on  this  continent, 
and  with  the  advent  of  the  earliest  apostles  of  Freedom  to 
the  shores  of  New  England.  With  the  same  considerate 
kindness  mat,  through  four  years  signalized  his  relations  to 
our  soldiers,  he  summoned  the  surviving  veterans  to  gather 
once  more  around  their  tattered  banners,  in  grand  re-union, 
and  to  bear  them  in  solemn  procession  to  their  resting  place 
among  the  archives  of  the  State.     In  prompt  obedience  to 


352  GOVERNOR'S  ADDRESS. 

the  call,  once  more,  and  for  the  last  time,  these  faithful  men, 
under  their  tried  commanders,  rallied  to  their  colors — two 
HUNDEED  AND  FORTY-ONE  in  number,  and  representing  one 
HUNDRED  AND  SIXTY-TWO  engagements — to  fulfil  this  pleasing 
yet  mournful  duty.  In  storm  and  sunshine,  in  success  and 
in  repulse,  they  had  carried  those  banners  through  twelve 
hostile  States.  In  the  hour  of  utmost  need,  they,  before  all 
others,  had  planted  them  on  the  national  capitol,  staining  on 
the  way  with  the  life-blood  of  some  the  pavement  of  a  city 
in  rebellion.  They  had  carried  them  with  Hooker  to  the 
summit  of  Lookout  Mountain,  and  had  fixed  them  with 
Strong  and  Shaw  on  the  ramparts  of  Wagner.  With  Burn- 
side  they  had  crossed  the  mountains  of  Tennessee,  and  had 
sheltered  the  hearthstone  of  Andrqw  Johnson.  With  Butler 
they  had  forced  the  channel  of  the  Mississippi,  and  pro- 
claimed law  and  order  in  the  city  of  the  crescent.  In  all 
the  campaigns  of  the  East, — in  Sherman's  grand  march, — 
with  Banks  at  Port  Hudson, — with  Grant  at  Vicksburg, — 
wherever  and  whenever  there  was  hazard  to  be  encountered, 
or  laurels  to  be  won,  they  had  carried  the  battle-flags 
OF  Massachusetts  with  unyielding  devotion  and  national 
renown. 

And  now,  and  here:  proudly  they  bore  them,  for  the 
long-sought  triumph  at  last  had  come.  Fondly  they  bore 
them,  for  four  long  years  the  cherished  objects  of  a  soldier's 
love.  Reverently  they  bore  them,  in  gratitude  to  that  Pro- 
tecting Providence  which  had  brought  them  safely  through 
the  storm  of  war.  Sadly  they  bore  them,  for  from  under 
their  blood-stained  folds  many  a  noble  comrade  had  ascended 
to  Heaven.  Their  task  is  done.  And  daily,  as  the  flags 
shall  remain  in  your  Doric  Vestibule,  the  veterans  shall 
throng  to  gaze  once  more  on  the  familiar  symbols,  "  fighting 
their  battles  o'er,"  and  recalling  to  willing  ears  the  varied 
experience  of  their  long  campaigns. 

It  is  worthy  the  dignity  of  the  State  to  reverence  these 
martial  memories  ;  it  is  her  interest  to  maintain  these  mili- 
tary lessons  ;  and  it  should  be  her  grateful  duty  to  transmit 
to  the  coming  generations  these  mementos  of  the  great 
Battle  for  Freedom.  And  since  in  their  present  position  they 
will  be  liable  to  wear  and  waste  from  the  exposure,  or  to  be 
injured  by  thoughtless  hands,  I  have  the  honor  to  recommend 
that  a  generous  appropriation  be  made  for  their  preservation 
beneath  the  dome  of  the  State  House,  in  such  a  manner  as 
shall  insure  their  safety,  while  they  shall  always  be  accessible 
to  the  public  inspection. 


GOVERNOR'S  ADDRESS.  353 

MASSACHUSETTS   AND   THE    UNION. 

In  this  communication  I  have  thought  it  proper  to  confine 
myself  within  those  subjects  which  belong  to  our  domestic 
administration.  Another  field  lies  beyond,  broad  as  the 
republic,  laden  with  painful  anxieties,  but  blossoming  with 
transcendent  hopes.  It  has  been  moistened  all  the  way  from 
the  Capitol,  within  whose  walls  first  arriving  one  of  her 
regiments  was  quartered  in  the  darkest  hour,  to  the  farthest 
lines  of  the  whole  expanse,  with  the  blood  of  the  sons  of 
Massachusetts;  and  she  may  be  forgiven  for  asking  in  the 
day  of  victory  to  which  she  contributed,  that  the  fruits  shall 
be  equal  to  the  sacrifice. 

So  long  as  the  States  recently  in  rebellion  shall  continue 
to  be  unjust  to  half  their  own  population,  it  is  vain  to  expect 
that  they  will  be  just  to  other  States  of  the  Union.  If  they 
shall  withhold  from  their  OAvn  people  the  rights  of  human 
nature  or  of  civil  government,  those  who  are  thus  deprived 
should  be  supported  in  their  claim  by  the  laws  and  by  the 
arms  of  the  United  States.  The  return  of  those  States  to 
the  national  council,  whether  called  restoration  or  re-admis- 
sion, should  be  conditioned  upon  emancipation  in  fact  as 
well  as  by  name,  upon  their  full  and  solemn  recognition  of 
the  equality  of  all  men  before  the  law. 

I  have  confidence  that  the  President  will  fulfil  the  mission 
of  his  predecessor,  as  the  Restorer  of  the  Union  and  the 
Liberator  of  a  race.  But  the  Congress  must  be  held  also  to 
perform  its  part.  In  war,  it  was  inevitable  that  the  Execu- 
tive overshadowed  Congress ;  in  peace,  it  is  necessary  that 
Congress  should  resume  the  exercise  of  its  prerogatives 
under  the  constitution.  I,  for  one,  am  willing  to  intrust  to 
the  Senators  and  Representatives  of  Massachusetts,  in  that 
body,  the  interests  and  the  convictions  of  this  ancient  of 
States. 

Senators  and  Representatives : 

I  come  to  my  office,  as  you  approach  yours,  at  a  time 
when  the  excitement  of  arms  has  given  way  to  the  reactions 
of  peace.  The  Statesman  and  Magistrate  who  retires  to-day 
from  the  Executive  Office,  aided  by  the  legislature  through 
five  years  of  war-administration,  has  given  to  the  State  a 
lasting  glory  of  annals.  For  you  and  for  me,  I  trust,  lighter 
duties  may  be  our  lot.  But  we  will  not  mistake  such  relief 
for  inaction  or  indifference  ;  and  trusting  the  God  of  our 
fathers  for  His  blessing,  we  will  enter  upon  the  responsibili- 
ties which  have  been  assigned  to  us. 

52 


354 


SPECIAL  MESSAGES. 


SPECIAL     MESSAGES. 


THE  FOLLOWING   SPECIAL   COMMUNICATIONS   WERE   MADE    BY  HIS 

EXCELLENCY   THE   GOVERNOR,   TO   THE   LEGISLATURE, 

DURING   THE   ANNUAL   SESSION. 


Illinois. 


Vermont. 


Commissioners 
Troy  and  Green- 
field Railroad. 


Commissioners 
on  National  Hall 
of  Statuary. 


[To  the  Senate,  January  10.] 

I  have  the  honor  to  transmit  herewith,  a  communication 
from  His  Excellency  the  Governor  of  Illinois,  making  an 
appeal  in  behalf  of  the  National  Lincoln  Monument  Associa- 
tion. 

Also,  a  Joint  Resolution  of  the  Legislature  of  Vermont, 
"  asking  an  appropriation,  by  Congress,  to  endow  Female 
Colleges  in  the  several  States,"  transmitted  to  me  by  His 
Excellency  the  Governor  of  Vermont. 

[To  the  House  of  Representatives,  January  10.] 

I  have  the  honor  to  communicate,  for  the  information  of 
the  legislature,  the  Report  of  Messrs.  John  W.  Brooks, 
Alexander  Holmes  and  James  M.  Shute,  Commissioners 
appointed  under  chapter  156  of  the  Acts  of  1862,  providing  for 
the  more  speedy  completion  of  the  Troy  and  Greenfield  Rail- 
road and  Hoosac  Tunnel,  together  with  the  Report  to  the 
Commissioners  of  the  Chief  Engineer. 

[To  the  House  of  Representatives,  February  16.] 

I  herewith  transmit  the  Report  of  Honorable  Messrs.  John 
G.  Palfrey,  Solomon  Lincoln  and  Richard  Frothingham,  who 
were  appointed  Commissioners  under  Resolve  chapter  sixty- 
one  of  the  year  eighteen  hundred  and  sixty-five. 

The  Resolve  referred  to  provided  for  the  appointment  of 
three  Commissioners,  who  should  consider  the  provisions  of  the 
Act  of  Congress,  passed  July  2,  1864,  setting  apart  the  Old 
Hall  of  the  House  of  Representatives  for  a  hall  of  statuary  ; 
and  said  Resolve  further  provided  that  the  Commissioners 
should  report  such  plan,  in  compliance  with  the  Act  of  Con- 
gress, as  they  should  think  advisable,  accompanying  the 
report  of  a  plan  with  such  suggestions  as  they  might  deem 


SPECIAL  MESSAGES.  355 

proper  in  reference  to  the  eras  in  the  history  of  the  Common- 
wealth to  be  commemorated  by  the  statues  which  it  is  proposed 
to  erect. 

It  will  be  perceived  that  the  learned  Commissioners,  in  their 
report,  have  limited  their  discussion  to  the  topic  of  the  latter 
portion  of  the  Resolve,  and  have  treated  the  historic  periods 
which  should  be  selected  for  representation  in  these  works  of 
art,  selecting  also  the  men  who  may  be  supposed  to  have  most 
fully  expressed  the  action  and  character  of  those  periods.  I 
think  it  will  be  apparent  that,  for  obvious  reasons,  their  treat- 
ment of  the  subject  could  not  have  well  gone  beyond  this 
limit. 

The  Act  of  Congress,  which  has  been  alluded  to,  is  in  the 
following  words : 

[Chapter  210, 1864.] 
"  Sect.  2.  And  he  it  further  enacted,  That  a  marble  floor,  similar 
to  that  of  the  Congressional  library  or  the  Senate  vestibule,  shall  be 
constructed  in  the  old  hall  of  the  House  of  Representatives,  using 
such  marble  as  may  be  now  on  hand  and  not  otherwise  required,  and 
that  suitable  structures  and  railings  shall  be  therein  erected  for  the 
reception  and  protection  of  statuary,  and  the  same  shall  be  under 
the  supervision  and  direction  of  the  commissioner  of  public  build- 
ings ;  and  so  inuch  of  thQ  moneys  now  or  heretofore  appropriated  for 
the  Capitol  extension  as  may  be  necessary,  not  exceeding  the  sum  of 
fifteen  thousand  dollars,  is  hereby  set  apart  and  shall  be  disbursed 
for  the  porses  [purposes]  hereinbefore  mentioned.  And  the  Presi- 
dent is  hereby  authorized  to  invite  each  and  all  the  States  to  provide 
and  furnish  statues,  in  marble  or  bronze,  not  exceeding  two  in  num- 
ber for  each  State,  of  deceased  persons  who  have  been  citizens 
thereof,  and  illustrious  for  their  historic  renown  or  from  distinguished 
civic  or  military  services,  such  as  each  State  shall  determine  to  be 
worthy  of  this  national  commemoration ;  and  when  so  furnished  the 
same  shall  be  placed  in  the  old  hall  of  the  House  of  Representatives, 
in  the  capitol  of  the  United  States,  which  is  hereby  set  apart,  or  so 
much  thereof  as  may  be  necessary,  as  a  national  statuary  hall,  for  the 
purposes  herein  indicated." 

I  am  not  aware  how  far  other  States  have  considered  the 
subject,  but  I  have  no  information  that  there  has  been,  thus 
far,  any  such  action  on  their  part  as  can  afford  assurance  of 
the  execution  of  the  work  to  which  all  have  been  invited. 
Whenever  the  interest  manifested  elsewhere  shall  warrant  the 
belief  that  the  place  designated  may  become,  in  a  worthy  sense, 
a  national  hall  of  statuary,  Massachusetts  will  undoubtedly  be 
among  the  earliest,  and  most  cordial,  to  place  her  own  heroes 
in  the  group  of  commemoration  and  renown.  Nor  can  I  doubt 
that  you  would  even  now  order,  with  alacrity,  the  two  statues 


356  SPECIAL  MESSAGES. 

whicli  have  been  requested,  if  there  were  anything  like  cer- 
tainty that  the  example  would  be  followed  by  a  considerable 
number  of  other  States,  and  that  thus  the  ultimate  completion 
of  the  enterprise  might  be  confidently  anticipated.  The  pro- 
ject suggested  and  encouraged  by  Congress,  is  as  attractive 
as  it  is  unique.  When  the  time  shall  come  in  which  the 
representatives  of  all  the  States  shall  sit  together,  one  and 
inseparable  in  their  allegiance  to  the  Union,  to  freedom  and 
to  justice,  I  cannot  conceive  that  anything  would  be  more 
impressive  than  the  representative  fellowship  of  the  best  his- 
toric men  of  every  section  and  every  State,  arranged  in  the 
old  hall  of  the  capitol,  enduring  as  bronze  or  marble,  alike 
memorials  of  the  common  renown  of  the  past  and  prophets 
of  the  common  glories  of  the  future.  That  scene  would  be 
surpassed  by  nothing  in  the  history  of  art  or  in  the  experience 
of  patriotism.  I  fondly  indulge  the  hope  that  the  conception 
may  be  realized.  At  present,  however,  I  do  not  perceive  that 
we  have  sufficient  knowledge  of  the  purpose  of  other  portions 
of  the  republic,  to  justify  us  in  proceeding  at  once  to  under- 
take our  share  in  the  work.  I  respectfully  suggest  to  the 
General  Court,  that  perhaps  it  might  be  well  that  a  Resolve 
should  be  passed,  expressing  the  ready  disposition  of  the  people 
of  this  Commonwealth  to  co-operate  with  those  of  the  other 
States  in  carrying  into  effect  the  design  of  Congress ;  and 
that  a  copy  of  this  might  be  properly  transmitted  to  them,  in 
the  hope  that  a  general  harmony  of  action  might  thus  be 
eventually  secured. 

In  the  meantime,  the  report  of  the  Commissioners  will 
prove  interesting  and  instructive  here.  Though  in  a  single 
particular  they  do  not  entirely  agree,  their  review  of  our  his- 
torical eras,  and  their  discriminating  selection  of  those  per- 
sons who  gave  success,  dignity  and  renown  to  the  times 
whose  events  they  guided  and  controlled,  will  have  great 
value  and  influence  whenever  the  State  shall  be  called  to  act 
more  directly  upon  the  subject. 

[To  the  House  of  Kepresentatives,  March  14.] 

South  Carolina.  I  licrcwitli  transmit  a  copy  of  a  communication  received 
from  the  honorable  James  L.  Orr,  governor  of  South  Carolina, 
asking  for  a  set  of  Massachusetts  Term  Reports,  and  other 
State  publications. 

It  appears,  that  in  the  destruction  of  tlie  State  House  of 
South  Carolina,  in  February,  1865,  the  entire  State  library 
was  consumed,  including  the  volumes  received  in  exchange 
from  other  States.  It  is  now  a  laudable  desire  that  this  loss 
should  be  supplied. 


SPECIAL  MESSAGES.  357 

The  secretary  of  the  Commonwealth  is  enabled  to  furnish 
certain  volumes,  such  as  the  General  Statutes,  and  a  portion 
of  the  Acts  and  Resolves  jjassed  since  the  enactment  of  the 
General  Statutes.  But  it  is  not  in  his  power  or  mine,  to 
comply  with  the  request  for  the  Term  Reports,  without  an 
appropriation  for  that  object  made  ])y  the  legislature.  In 
accordance  with  a  standing  custom  originating  in  a  Resolve 
passed  many  years  since,  the  secretary  of  the  Commonwealth 
sends  these  volumes  to  all  the  other  States  annually,  and  we 
receive  theirs  in  exchange,  which  are  placed  in  our  State 
library. 

I  therefore  recommend  that  an  appropriation  be  made 
sufficient  for  this  object. 

[To  the  House  of  Itepresentatives,  March  20.] 

I  have  the  honor  to  transmit  herewith,  for  the  information  Adjutant-gener- 
of  the  General  Court,  the  report  of  the  Adjutant-General  for 
the  year  18G5. 

I  also  communicate  a  report  of  the  Commissioners  of  the  commissioners 
Troy  and  Greenfield  Railroad  and  Hoosac  Tunnel,  on  "  the  eeid  Railroad, 
existing  title  to  the  shaft  at  the  west  end  of  the  Hoosac  Tun- 
nel, and  the  land  upon  which  it  is  situated,"  made  in  accord- 
ance with  the  provisions  of  section  2  of  chapter  210  of  the 
Acts  of  1865. 

[To  the  House  of  Representatives,  March  29.] 

On  the  fifteenth  of  January  last,  the  House  of  Representa"  coast  defence  and 
tives  adopted  an  Order  requesting  me  to  communicate  what 
action  has  been  had  under  the  various  Resolves  relating  to 
coast  defence ;  the  number  and  kind  of  guns  and  other  mate- 
rial of  war  that  have  been  ]3urchased ;  by  whom  and  of  whom 
purchased,  and  at  what  cost ;  what  disposition  has  been  made 
of  the  same ;  and  in  general,  all  the  facts  necessary  to 
intelligent  action  of  the  legislature. 

At  the  time  when  this  Order  of  inquiry  was  communicated 
to  me,  I  had  but  recently  come  into  office,  and  to  be  enabled 
to  present  the  subject  intelligibly,  it  became  necessary  to  con- 
fer freely  with  my  immediate  iDredecessor,  under  whose 
direction  the  action  of  this  department  in  the  premises  had 
occurred,  and  who  has  necessarily  been  absent  much  of  the 
time — to  explore  a  very  large  number  of  volumes  of  manu- 
script correspondence  relating  to  the  subject  and  extending 
over  a  period  of  three  years — and  to  seek  such  other  infor- 
mation as  the  case  seemed  to  require.  I  make  this  mention 
to  preclude  the  inference,  which  might  otherwise  follow  from 
this  lapse  of  time,  of  any  inattention  on  the  part  of  the 
executive  to  the  call  of  the  representatives. 


war  material. 


358  SPECIAL  MESSAGES. 

A  very  large  portion  of  the  correspondence,  -wliicli  consti- 
tutes an  liistorical  narrative  of  the  action  of  the  executive 
department  in  the  present  case,  I  have  had  copied  into  three 
compendious  volumes  ;  and  my  predecessor  has  cheerfully 
rendered  to  me  his  co-operation  in  the  work  of  classifying 
this  bulk  of  material  in  such  manner  and  form  that  any  com- 
mittee or  any  member  of  the  legislature  may  intelligently 
consult  the  contents.  It  was  my  purpose  to  transmit  the 
whole  of  this  to  the  house  of  representatives,  but  after  care- 
fully examining  the  same  I  deem  it  more  fit  and  proper  to 
retain  this  mass  of  correspondence  in  the  executive  rooms, 
and  to  tender  free  access  to  it  whenever  members  of  the 
legislature  may  wish  to  refer  to  it. 

The  attention  of  the  legislature  to  the  importance  of  per- 
fecting the  defences  of  the  State  was  invited  by  Mr.  Seward, 
secretary  of  State,  in  an  official  communication  bearing  date 
of  October  14,  1861,  to  which  I  shall  have  occasion  again  to 
refer.  This  communication  was  presented  to  the  two  houses 
by  my  predecessor  in  his  annual  address  of  1862,  and  the 
subsequent  acts  of  the  legislature  and  of  the  executive  are 
the  result.  The  sum  of  one  million  of  dollars  (81,000,000,) 
was  appropriated  for  this  object.  Of  this  amount  appropri- 
ated it  appears,  by  extracts  from  Governor  Andrew's  address 
to  the  two  houses  in  January,  1865,  hereto  appended,  that 
the  sum  up  to  that  time  expended  was  three  hundred  and 
fifty-four  thousand  three  hundred  and  forty-six  dollars  and 
eleven  cents,  ($354,346.11.)  To  this  must  be  added  the 
amount  of  several  items  paid  in'  the  last  year  ;  being  for 
Colonel  Harrison  Ritchie,  to  be  used  in  Europe,  ten  thousand 
dollars,  ($10,000  ;)  for  William  S.  Chase,  in  the  matter  of 
harbor  obstructions,  ninety  dollars,  (890  ;)  on  account  with 
the  Putnam  Machine  Company,  and  for  fortifications  at  New 
Bedford,  Gloucester,  Marblehead,  Plymouth  and  Province- 
town,  forty-six  thousand  two  hundred  and  sixty-eight  dollars 
and  five  cents,  (846,268.05  ;)  making  altogether  an  addi- 
tional amount  expended  in  the  year  1865,  of  fifty-six  thou- 
sand three  hundred  and  fifty-eight  dollars  and  five  cents, 
(856,358.05.)  There  has  also  been  paid  in  the  present  year, 
for  transportation  of  a  portion  of  the  material,  the  sum  of  two 
thousand  nine  hundred  and  thirty-six  dollars  and  twelve 
cents,  (82,936.12.)  These  several  sums,  added  to  the  amount 
expended  in  the  years  1863  and  1864,  make  the  total  expen- 
diture under  the  appropriation  up  to  the  present  date,  four 
hundred  and  thirteen  thousand  six  hundred  and  forty  dollars 
and  twenty-eight  cents,  (8413,640.28.)  But  of  this  aggre- 
gate sum  there  yet  remains   the  unexpended  part   of  the 


SPECIAL  MESSAGES.  359 

amount  allowed  in  a  warrant,  now  lying  in  the  treasury,  of 
nine  thousand  one  hundred  and  five  dollars  and  seventy-five 
cents,  (!$9,105.75,)  which  is  available  and  will  be  needed  for 
completing  the  undertaking  of  bringing  home  certain  heavy 
ordnance  now  in  England,  and  not  fully  paid  for,  to  which  I 
shall  again  allude.  ^ 

I  have  given  only  the  amounts  expended,  as  far  as  my 
knowledge  goes.  An  amount  of  ninety-five  thousand  dollars 
($95,000,)  of  the  sum  of  one  hundred  thousand  dollars 
($100,000,)  specially  designated  by  the  legislature  for  the 
preservation  of  Provincetown  Harbor,  is  yet  liable  to  be 
drawn  upon  for  that  purpose,  and  will  not  l3e  released  from 
this  liability  under  the  standing  laws  until  December  thirty- 
first,  next. 

To  the  amount  thus  given,  for  which  warrants  have  been 
drawn  on  the  treasury,  I  estimate  that  a  further  appror)riation 
may  be  necessary,  to  enable  the  State  to  get  possession  of 
the  ordnance  now  in  England,  of  from  twenty  thousand  to 
twenty-five  thousand  dollars,  (-$20,000  to  $25,000.) 

The  details  of  the  whole  account  of  the  expenditure  made 
under  the  appropriation,  up  to  January,  1865,  will  be  found 
annexed  to  the  present  communication,  as  the  same  was 
stated  by  Colonel  Harrison  Ritchie,  who  acted  as  agent ;  and 
I  have  already  made  a  statement  of  what  has  been  expended 
since  that  time. 

In  answer  to  so  much  of  the  Order  of  inquiry  as  requests 
me  to  state  what  material  was  purchased,  of  whom,  at  what 
cost,  and  what  disposition  has  been  made  of  the  same,  I  have 
the  honor  to  communicate  the  information  which  will  be 
found  in  the  Appendix,  consisting  of  the  detailed  account  of 
Colonel  Ritchie  and  of  the  report  of  the  Quartermaster-Gen- 
eral, General  J.  H.  Reed,  who  is  charged  with  the  custody 
of  the  property.  It  will  be  seen  that  all  the  guns  and  other 
material  purchased  are  upon  the  State  arsenal  premises  at 
Cambridge,  excepting  the  English  powder,  of  which,  for 
obvious  reasons,  a  large  portion  was  sold  in  the  year  1865, 
and  also  the  property  of  the  line  of  telegraph  between  the 
State  House  and  the  forts  in  Boston  Harbor,  which  cost  nine 
thousand  seven  hundred  dollars,  ($9,700,)  and  certain  tools 
and  material  yet  remaining  at  Fitchburg,  which  will  be  soon 
withdrawn.  The  sum  spent  on  fortifications  at  the  several 
cities  and  towns  of  the  seaboard,  already  enumerated,  is 
represented  and  found  at  those  points  respectively. 

The  foregoing  statement,  and  the  papers  hereto  appended, 
relating  to  the  expenditures  under  the  appropriation  for  coast 
defence,  would  be  incomplete  without  the  mention  of  another 


360  SPECIAL  MESSAGES. 

fact.  Five  large  guns,  manufactured  by  the  Elswick  Com- 
pany in  England,  remain  in  their  hands,  yet  to  be  delivered. 
These  are  the  Armstrong  guns.  They  were  contracted  for 
by  Colonel  Harrison  Ritchie  at  the  stipulated  price  of  about 
£14,000,  including  projectiles.  The  delay  in  their  delivery 
is  at  least  partially  accounted  for  by  the  following  statement 
of  an  unfortunate  occurrence,  which  involved  this  Common- 
wealth in  a  considerable  pecuniary  loss. 

Early  in  the  year  1864,  the  American  Minister  in  London, 
the  honorable  Charles  Francis  Adams,  introduced  to  Colonel 
Eitchie,  then  our  agent  there,  one  Mr.  J.  Scott  Russell,  who 
proposed  to  furnish  these  guns  of  heavy  calibre,  and  of  the 
Armstrong  pattern.  The  negotiation  was  one  of  much 
delicacy,  in  the  international  relations  at  that  time  existing, 
but  the  purchase  was  deemed  extremely  desirable ;  so  desira- 
ble, that  Mr.  Adams  had  no  doubt  that  if  the  governor  and 
council  should  not  confirm  the  contract,  the  United  States 
Government  would  readily  assume  it,  for  the  sake  of  the 
guns.  The  contract  was  made  at  the  price  already  men- 
tioned, and  the  governor  and  council  afterwards  adopted  it. 
The  guns  are  to  be  produced  by  the  Elswick  Company ;  but 
the  contracting  party  on  the  other  side  appears  to  have  been 
Mr.  J,  Scott  Russell.  It  was  subsequently  arranged,  in 
London,  that  Messrs.  Barings  Brothers  &  Co.  should  accept 
Colonel  Ritchie's  drafts  for  the  amount  of  the  purchase ;  and 
these  drafts  were  accordingly  placed  by  that  gentleman  in 
the  hands  of  Mr.  Adams,  to  be  used  in  carrying  out  the 
contract. 

Upon  presentation  of  the  invoices  these  drafts  were 
delivered  by  Mr.  Adams  to  Mr.  J.  Scott  Russell,  the  con- 
tracting party  of  the  English  side.  The  unfortunate  part 
of  the  affair  is  this, — that  Mr.  Russell  appears  to  have  paid 
over  only  nine  thousand  two  hundred  pounds,  (<£ 9,200,) 
and  to  have  held  back  and  to  have  appropriated  to  his  own 
uses  the  residue,  amounting  to  four  thousand  seven  hundred 
and  sixty  pounds,  (X4,760.)  This  balance  is  claimed  by 
the  Elswick  Company  as  due  to  them ;  for  the  security  of 
which  they  retain,  to  this  day,  the  possession  of  the  ordnance. 
It  further  appears  that  this  Mr.  J.  Scott  Russell  is  unquestion- 
ably a  hopeless  bankrupt. 

I  desire  to  state  here  that,  after  carefully  acquainting 
myself  with  all  the  facts  of  the  transaction,  I  feel  bound  in 
simple  justice  to  say,  that  wliile  the  Commonwealth  has  thus 
been  subjected  to  this  heavy  loss,  no  fault  can  properly  be 
imputed  to  either  Governor  Andrew  and  his  council,  or  to 
Colonel  Ritchie.     And  certainly,  our  own  eminent  citizen, 


SPECIAL  MESSAGES.  361 

Mr.  Adams,  should  be  also  equalh^  and  altogether  exonerated 
)f  any  complaint,  acting  as  he  did  gratuitously,  and  for  the 
best  interests  of  his  State,  at  a  time  when  the  largest  and 
gravest  subjects  of  international  relations  were  those  which 
alone  could  rightfully  be  imposed  upon  his  attention.  It 
was  a  mishap  of  business  which  casts  no  shade  of  reflection 
upon  any  person  connected  with  it,  save  only  and  at  all 
times  Mr.  J.  Scott  Russell. 

In  the  closing  months  of  my  predecessor's  term  of  office, 
he  requested  Colonel  Ritchie — at  that  time  in  Europe,  on  his 
own  account — to  adjust  this  unsettled  affair  with  the  Elswick 
Company.  Under  his  instructions,  which,  after  thorough 
perusal  and  examination  by  me,  meet  my  cordial  and  entire 
approval.  Colonel  Ritchie  made  a  liberal  and  honorable 
compromise  with  the  solicitor  of  the  Elswick  Company,  by 
which,  upon  the  further  payment  by  this  Commonwealth  of 
twenty-six  hundred  and  fourteen  pounds,  (,£2,614,) — less 
than  half  the  amount  of  the  defalcation  of  Mr.  J.  Scott 
Russell — we  may  receive  the  ordnance.  The  five  guns  have 
already  cost  us  some  one  hundred  and  forty-three  thousand 
dollars,  (8143,000.)  I  think  it  now  time  that  we  should 
have  possession  of  them.  I  do  not  know  how  we  may  be 
likely  to  find  them  valuable  for  our  own  uses,  when  we  shall 
have  got  them.  But  I  do  know  that  their  purchase  was 
initiated  and  stimulated  by  the  special  letter  of  the  secretary 
of  State,  Mr.  Seward,  to  which  I  have  before  referred  ;  and 
that  these  guns,  as  well  as  all  the  guns  and  material  pur- 
chased under  orders  from  the  governor  of  Massachusetts, 
were  obtained  on  implicit  trust  and  in  good  faith  for  the 
best  interests  of  the  whole  country,  and  that  they  become  at 
once  a  just  and  equitable  ground  of  claim  upon  the  United 
States  for  reimbursement.  I  therefore,  without  hesitation, 
recommend  to  the  general  court  that  an  appropriation  be 
immediately  made,  sufficient  for  the  purpose  of  paying  the 
twenty-six  hundred  and  fourteen  pounds  in  England, 
(<£ 2,614,)  and  whatever  other  charges  for  interest  account 
and  incidental  expenses  may  be  presumed  to  be  a  part  of  the 
necessity. 

I  seize  this  occasion  also  to  call  the  special  attention  of 
the  legislature  to  the  relation  into  which  this  subject  brings 
the  Commonwealth  with  the  national  government.  The  let- 
ter of  Mr.  Secretary  Seward,  and  the  extracts  from  the 
message  of  my  predecessor  to  the  general  court,  predicated 
upon  that  letter,  both  of  which  are  annexed  to  my  present 
communication,  constitute  the  initial  basis  of  a  broad,  just, 
and  irrefragable  claim    upon  Congress  for  reimbursement. 

63 


362  SPECIAL  MESSAGES. 

The  purchase  of  this  entire  amount  of  ordnance  and  material 
was  made  at  the  suggestion  of  the- premier  of  the  general 
government,  and  under  the  express  sanction  of  the  late 
president.  The  great  volume  of  correspondence  growing  out 
of  this,  now  in  my  custody,  and  open  to  your  scrutiny,  and 
to  tlie  scrutiny  of  every  member  of  Congress,  discloses  the 
fact  that,  in  a  period  of  general  appreliension,  Massachusetts 
was  urged  by  all  the  departments  and  officers  of  military  and 
naval  authority  of  the  United  States  to  embark  in  the  enter- 
prise of  procuring  ordnance, — other  things  were  treated  as 
subordinate,  and  this  as  the  principal, — to  wit:  ordnance,  for 
the  common  coast  defence.  This  Commonwealth,  it  is  true, 
had  a*  curvature  and  stretch  of  coast,  extended,  exposed,  in 
some  sense  quite  her  own,  but  equally  and  essentially  a  part 
of  the  common  country  and  the  common  cause.  Her  sea- 
board towns,  her  commerce  and  shipping,  called  for  vigilance 
and  protection.  And  her  iiianufactures,  without  such  secu- 
rity, would  have  felt  an  instant  blight.  But  I  pray  you,  and 
through  you  I  pray  Congress  to  consider,  that  all  these 
springs  of  our  local  resources  were  only  so  many  avenues  of 
peril  at  a  time  of  flagrant  war,  when  every  approach  along 
our  coast  was  exposed  to  piratical  cruisers,  supplied  by  rebel- 
lion at  home  and  connivance  abroad.  I  pray  you,  and 
through  you  I  pray  Congress  to  consider,  tliat  those  great 
supplies  to  the  national  revenue,  which  the  commerce  and 
the  manufactures  of  Massachusetts  were  then  and  are  now 
furnishing,  were  at  that  time  in  imminent  danger  at  every 
point  of  our  ragged  shore. 

Well  it  was,  then,  in  the  autumn  of  1861,  that  Mr.  Secre- 
tary Seward  said,  in  his  letter  to  my  predecessor  in  office, 
toucliing  this  importance  of  coast  defence  : 

"  The  President  has  directed  me  to  invite  your  consideration  to 
the  sul)ject  of  the  importance  of  perfecting  the  defences  of  the  State 
over  which  you  preside,  and  to  ask  you  to  submit  the  subject  to  the 
consideration  of  the  legislature,  when  it  shall  have  assembled.  Such 
proceeding  by  the  State  would  require  only  a  temporary  use  of  its 
means.  The  expenditures  ought  to  be  made  the  subject  of  confer- 
ence with  the  Federal  Government.  Being  thus  made  Avith  the 
concurrence  of  the  Government,  for  general  defence,  there  is  every 
reason  to  believe  that  Congress  would  sanction  what  the  State  should 
do,  and  woidd  provide  fur  its  reimbursement." 

The  government  of  Massachusetts,  under  these  instructions 
from  the  general  government,  acted  with  all  its  accustomed 
vigor  and  liberality,  and  may  now  justly  call  upon  the  parental 
authorities  of  the  general  Union  for  the  measure  of  equity 


SPECIAL  MESSAGES.  363 

in  reimbursement,  of  wliich  the  expectation  was  raised  by 
their  own  promise.  v 

I  therefore  advise  that  the  general  court  shall  at  once 
memorialize  the  Congress  of  the  United  States  for  an  Act 
refunding  the  expenditures  made  by  Massachusetts  for  the 
common  cause  and  for  the  common  defence. 

[To  the  House  of  Representatives,  May  19.] 

On  the  twenty-third  day  of  March,  eighteen  hundred  and  National  cemete- 
sixty-five,  the  legislature  of  the  State  of  Maryland  incor-  andOettysburg. 
porated  the  National  Antietam  Cemetery.  The  Board  of 
Trustees  under  the  Act  consists  of  four  persons  on  the  part 
of  Maryland,  and  one  to  be  designated  by  the  Governor  of 
each  of  the  other  States.  By  chapter  sixtieth  of  the  Resolves 
of  eighteen  hundred  and  sixty-five,  the  legislature  of  Massa- 
chusetts recognized  by  approval  this  Act  and  authorized  the 
Governor  and  Council  to  appoint  a  trustee  on  the  part  of 
this  State. 

The  purpose  and  object  of  the  said  Act  is  to  establish  a 
corporate  body  of  responsible  persons  who  shall  have  charge 
and  direction  of  the  Cemetery,  and  who  shall  superintend 
the  collection  and  interment  therein  of  the  remains  of  the 
soldiers  who  laid  down  their  lives  for  the  American  Union 
on  that  memorable  and  consecrated  field  of  battle. 

By  the  Act  of  the  State  of  Maryland  it  is  provided  that 
the  expenses  incident  to  the  removal  of  the  dead,  enclosing 
and  ornamenting  the  Cemetery,  and  all  the  work  connected 
therewith,  and  its  future  maintenance,  shall  be  apportioned 
among  the  States,  connecting  themselves  with  the  Corpora- 
tion, according  to  their  population  as  indicated  by  their 
representation  in  the  House  of  Representatives  of  the  United 
States.  Following  this  apportionment  among  eighteen  States 
who  were  represented  on  that  field  of  national  renown,  the 
sum  of  five  thousand  five  hundred  seventy-four  dollars  eighty 
cents,  (85,574.80,)  has  been  assigned  to  Massachusetts  as  its 
share  of  the  expenditure  for  the  work.  I  ought,  however, 
to  add,  that  while  the  amount  assigned  according  to  this 
scale  to  the  State  of  Maryland,  within  whose  limits  the  great 
battle  was  fought,  is  less  than  three  thousand  dollars, 
($3,000,)  that  Commonwealth  has  with  honorable  patriotism 
and  liberality  appropriated  the  sum  of  fifteen  thousand  dol- 
lars, (815,000.)  I  will  further  add,  that  I  have  some  reason 
to  believe,  that  by  an  easy  reduction  of  the  cost  of  the  noble 
work  contemplated,  without  diminishing  its  purpose  or  its 
effect,  an  amount  less  than  that  suggested  by  the  Trustees 
will  be  sufficient. 


364  SPECIAL  MESSAGES. 

I  cannot  doubt  that  the  people  of  this  Commonwealth  arc 
willing  that  their  representatives  shall  co-operate  with  those 
of  other  States  in  preserving  in  a  decent  and  becoming  man- 
ner, within  this  sacred  enclosure,  the  relics  of  their  soldiers, 
which,  for  want  of  friends  to  distinguish  them  or  to  remove 
them,  even  now  mingle  with  the  common  dust  on  the  spot 
where  they  fell.  The  list  of  the  names  of  those  already- 
recognized  as  the  dead  soldiers  of  Massachusetts  whose 
remains  were  not  removed  from  this  place,  amounts  to  the 
number  of  two  hundred  men. 

Some  of  the  States  interested  have  already  made  the 
appropriations  of  money  assigned  to  them  in  the  distribution, 
and  the  others  are  expected  to  do  the  same.  It  may  well 
be  provided  in  the  Resolve,  if  it  shall  receive  the  approval  of 
the  General  Court,  that  the  expenditure  shall  be  made  in 
the  discretion  and  under  the  supervision  of  the  Governor  and 
Council.  With  this  restriction,  and  with  the  understanding 
that  the  sum  now  to  be  proposed  will  at  least  be  sufficient 
for  all  present  requirements,  I  recommend  that  a  sum  not 
less  than  four  thousand  dollars  ($4,000,)  be  set  apart  for 
this  worthy  and  sacred  object.  I  also  recommend  that  by 
the  terms  of  the  Resolve  the  Governor  and  Council  may  be 
authorized  to  apply  such  portion  of  the  appropriation  as 
may  be  found  necessary  to  defray  the  expenses  of  the  Trustee 
on  the  part  of  the  State. 

A  policy  precisely  like  that  which  is  now  recommended 
was  adopted  by  the  legislature  of  this  State  relative  to  the 
Gettysburg  National  Cemetery,  and  money  was  appropriated 
to  carry  it  into  effect.  As  the  result  of  that  action,  by  this 
State  and  by  other  States,  the  pious  and  patriotic  under- 
taking of  honoring  the  brave  departed  on  that  ground  where 
they  gave  their  lives  to  secure  the  enduring  unity  and  free- 
dom of  their  country,  is  about  to  receive  its  completion  in  a 
manner  which  will  command  the  admiration  of  future  gener- 
ations. I  do  not  for  a  moment  doubt  that  the  result  upon 
the  field  of  Antietam  will  be  equally  successful  and  equally 
gratifying. 


ADDRESSES  TO  COUNCIL.  365 


ADDRESSES 


HIS    EXCELLENCY   THE   GOVERNOR  TO   THE    EXECUTIVE   COUNCIL, 

PRESENTING    AND    CONCLUDING    THE    CASE    OF    EDWARD 

W.    GREEN,    A     CONVICT    UNDER    SENTENCE    OP 

DEATH    FOR    THE    CRIME    OF    MURDER. 


[To  the  Council,  February  27.] 

Gentlemen  : — I  find  left  to  me  by  my  predecessor  in  oflfice, 
tlie  record  of  the  conviction  of  Edward  W.  Green  of  tlie 
crime  of  murder  in  the  first  degree,  and  of  his  sentence  by 
the  Supreme  Judicial  Court  to  the  punishment  of  death. 

You  are  aware  that  in  such  a  case  a  law  of  the  Common- 
wealth requires  a  certified  copy  of  the  whole  record  of  the 
conviction  and  sentence  to  be  delivered  by  the  clerk  of  the 
court  in  which  the  proceedings  are  had  to  the  sheriff  of  that 
county,  who  is  forthwith  to  transmit  the  same  to  the  Gov- 
ernor. This  record,  in  the  case  of  Green,  appears  to  have 
been  duly  certified  and  transmitted,  and  to  have  been 
received  by  the  Governor  on  or  about  the  twenty-eighth  day 
of  April,  eighteen  hundred  and  sixty-four. 

I  submit  to  you,  for  your  advice,  the  question,  whether  a 
warrant  in  due  form  of  law  shall  be  signed  and  sealed  for  the 
execution  of  Edward  W.  Green  for  the  crime  of  murder  in 
the  first  degree,  in  execution  of  the  sentence  of  death  awarded 
against  him  by  the  Supreme  Judicial  Court,  as  appears  by 
the  ofiicial  copy  of  the  record  which  will  be  laid  before  you. 
In  the  discharge  of  your  official  duty  to  advise  me  on  this 
question  you  will  doubtless  consider,  for  yourselves,  the  facts 
and  principles  bearing  thereon.  But  before  proposing  that 
question  for  your  advice,  I  have  carefully  considered  those 
facts  and  principles,  and  I  deem  it  proper  to  state  to  you 
what  I  find  them  to  be. 

On  the  fifteenth  day  of  December,  eighteen  hundred  and 
sixty-three,  Frank  E.  Converse,  a  young  man  of  about  the 
age  of  seventeen  years,  was  left  alone,  in  temporary  charge 


366  ADDRESSES  TO  COUNCIL. 

of  the  banking  rooms  and  property  of  the  Maiden  Bank,  in 
the  town  of  Maiden.  Edward  W.  Green  was  the  postmaster 
in  that  town.  He  was  also  entrusted  by  the  town  authori- 
ties with  the  sale  of  school  books  and  the  moneys  arising 
therefrom.  He  was  in  arrears  in  both  capacities ;  and 
appears  to  have  had  no  honest  means  of  replacing  the  public 
moneys  which  he  had  expended.  On  the  day  mentioned  he 
entered  the  bank,  got  a  bill  changed,  saw  that  Converse  was 
alone,  went  back  to  his  office,  armed  himself  with  a  loaded 
revolver,  returned  to  the  bank,  passed  behind  the  counter  as 
"was  his  familiar  custom,  placed  his  pistol  near  the  head  of 
Converse,  discharged  one  barrel  into  his  brain,  and  when 
Converse  instantly  fell,  discharged  another  into  his  temple 
while  lying  on  the  floor.  He  then  robbed  the  bank  of  bills 
amounting  to  five  thousand  dollars,  returned  to  his  office, 
secreted  the  money,  and  went  about  his  usual  occupations ; 
in  whicti  he  continued  until,  from  various  causes,  he  was 
suspected,  arrested,  and  confessed  his  guilt. 

For  such  a  crime,  followed  by  regular  legal  proceedings, 
resulting  in  a  sentence  by  the  proper  court  for  the  crime  of 
murder  in  the  first  degree,  the  only  action  by  me  must  be 
the  signature  of  a  warrant  for  the  execution  of  the  criminal ; 
unless  it  should  appear  that  there  exists  some  substantial  and 
sufficient  reason  for  the  exercise  of  the  executive  power  of 
suspension  or  commutation  of  sentence.  I  have  solemnly 
and  deliberately  considered  this  case,  and  I  find  nothing  in 
the  nature  or  circumstances  of  the  crime  which  would  war- 
rant me  in  arresting  the  usual  course  of  justice,  demanded 
by  the  standing  laws  of  the  Commonwealth.  Those  laws  I 
am  bound  by  the  most  solemn  obligations  to  execute.  And 
without  placing  myself  above  their  authority,  and  without 
using  the  power  the  people  have  confided  to  me  for  their 
execution,  to  obstruct  and  defeat  them,  I  cannot,  with  my 
convictions  of  duty,  fail  to  act  in  this  case  in  the  manner  I 
have  indicated  to  you. 

Though  you  will  consider  all  the  elements  of  this  impor- 
tant question,  I  judge  it  fit  to  draw  your  particular  attention 
to  one  subject  which  has  been  supposed  to  be  connected 
with  it. 

The  General  Statutes,  Chapter  112,  Section  8,  contain  this 
provision  :  "  A  person  indicted  for  a  capital  crime  may  be 
arraigned  before  the  court  held  by  one  justice,  and  if  he 
pleads  guilty,  such  court  may  award  sentence  against  him 
according  to  law."  When  Green  was  arraigned  before  the 
Supreme  Judicial  Court,  held  at  Lowell  by  Mr.  Justice  Hoar, 
he   pleaded   guilty  of  murder  in   the   first   degree.     Being 


ADDRESSES  TO  COUNCIL.  367 

satisfied  that  this  plea  was  the  deliberate  act  of  the  accused, 
done  after  he  had  had  the  assistance  of  fiiithful,  experienced 
and  eminent  counsel,  the   court   received  the  plea  ;   and  the 
presiding  justice,  having  previously  consulted  with  the  chief 
justice  and  the  associate  justices  as  to  his  duty  in  the  premises, 
awarded  the  sentence  of  death,  which  is  prescribed  by  law  as 
the  punishment  of  the  crime  of  murder  in  the  first  degree, 
confessed  by  the  accused.     To  bring  distinctly  before  you 
the  question  which  has  been  made  upon  these  proceedings,  it 
is  necessary  to  have  in  one  view  all  the  provisions  of  law 
supposed  to  bear  upon  it.    They  are  in  the  General  Statutes, 
and   as  follows:     [Chapter   112,   Section   8.]     "A  person 
indicted  for  a  capital  crime  may  be  arraigned  before  the 
court  held  by  one  justice,  and  if  he  pleads  guilty,  such  court 
may  award  sentence  against  him  according  to  law ; "   [and 
Chapter  160,  Sections  1,  2,  3,  4.]     (1.)  Murder  committed 
with  deliberately  premeditated  malice   aforethought,  or  in 
the  commission  of,  or  attempt  to  commit,  any  crime  punish- 
able with  death  or  imprisonment  for  life,  or  committed  with 
extreme  atrocity  or  cruelty,  is  murder  in  the  first  degree. 
(2.)  Murder  not  appearing  to  be  in  the  first  degree  is  murder 
in  the  second  degree.     (3.)  The  degree  of  murder  shall  be 
found  by  the  jury.     (4.)   Whoever  is  guilty  of  murder  in 
the  first  degree  shall  suffer  the  punishment  of  death." 

Upon  these  sections  it  has  been  insisted  that,  inasmuch  as 
it  is  enacted  by  one  of  them  that  "  the  degree  of  murder 
shall  be  found  by  the  jury,"  and  inasmuch  as  no  jury  has 
found  the  degree  of  murder  which  Green  committed,  his 
sentence  of  death  was  not  in  conformity  to  law.  It  appears 
from  the  documents  in  this  case,  that  my  predecessor  in  office 
and  the  honorable  Council  so  far  entertained  a  doubt  on  this 
question,  that,  acting  under  that  clause  of  the  Constitution 
(Chapter  III.,  Section  II.,)  which  grants  authority  to  the 
Governor  and  Council  to  require  the  opinions  of  the  justices 
of  the  Supreme  Judicial  Court  upon  important  questions  of 
law  and  upon  solemn  occasions,  on  the  thirty-first  day  of 
October,  eighteen  hundred  and  sixty-four,  the  following 
Order  was  made  here : 

"  It  is  ordered,  That  in  the  case  of  Edward  W.  Green  the  opinion 
of  the  justices  of  the  Supreme  Judicial  Court  be  requested  ;  whether, 
according  to  the  proper  judicial  construction  of  the  fifth  and  eighth 
sections  of  chapter  112,  and  of  the  first  three  sections  of  chapter  160, 
of  the  General  Statutes,  it  is  competent  for  the  court,  especially  when 
held  by  a  single  justice,  to  enter  up  final  judgment  against  a  prisoner, 
and  award  the  sentence  of  death  upon  his  own  plea  of  '  guilty  of 
murder  in  the  first  degree,'  or  whether,  on  the  contrary,  it  is  not 


368  ADDRESSES  TO  COUNCIL. 

necessary  to  record  the  plea  as  a  general  plea  of  '  guilty,^  and  either 
enter  judgment  as  of  murder  in  the  second  degree,  or  else  to  submit 
the  question  of  the  degree  of  murder  to  be  found  by  the  jury." 

In  compliance  with  this  Order  the  chief  justice  and  the 
five  associate  justices  of  the  Supreme  Judicial  Court,  certified 
their  opinion  to  the  Governor  and  Council,  to  the  effect, 
that  the  sentence  was  regularly  awarded  according  to  law, 
and  that  the  intervention  of  a  jury  to  find  the  degree  of 
murder,  upon  a  plea  of  guilty  of  murder  in  the  first  degree, 
was  neitlier  required  by  law,  nor  practicable  under  the  forms 
of  procedure  established  by  law.  This  answer  of  the  judges 
is  as  follows : 

"  The  luidersigned,  justices  of  the  Supreme  Judicial  Court,  have 
taken  into  consideration  the  inquiry  submitted  to  them  by  an  Order 
of  the  honorable  Council,  transmitted  under  date  of  October  31st, 
1864,  and  beg  leave  to  submit  the  following  reply  thereto  : 

"1.  Under  the  provisions  of  General  Statutes,  chapter  112,  sec- 
tions 8  and  12,  it  is  competent  for  the  court,  when  held  by  a  single 
justice,  to  arraign  a  person  indicted  for  a  capital  crime,  and  if  he 
pleads  guilty,  the  court  so  held  may  proceed  and  award  sentence 
against  him  accordmg  to  law. 

"  2.  The  power  thvis  granted  is  not  in  any  degree  affected  or  con- 
trolled by  the  subsequent  provision  contained  in  General  Statutes, 
chapter  160,  sections  1,  2  and  3.  The  enactment  in  section  3,  'that 
the  degree  of  murder  shall  be  found  by  the  jury,'  is  intended  to 
apply  only  to  cases  where  there  is  a  trial  of  an  indictment  for 
murder,  or  a  general  plea  of  not  guilty,  or  on  a  plea  of  guilty  of 
murder  in  the  second  degi-ee,  and  not  guilty  of  murder  in  the  first 
deo-ree.  But  it  is  not  designed  to  repeal  or  alter  the  well-estab- 
lished rule  of  the  common  law,  by  Avhich  a  party  indicted  for  an 
offence,  however  great  its  nature,  may  enter  a  plea  of  guilty  thereto, 
if  he  sees  lit  so  to  do.  In  such  a  case  there  is  no  issue  to  be  submitted 
to  a  jury  on  which  a  verdict  can  be  founded. 

"  It  may  be  proper  to  add,  that  the  subject-matter  of  the  inquiry 
submitted  by  the  Order  of  the  Council,  was  fully  considered  by  those 
of  the  undersigned,  who  were  justices  of  the  court  previously  to  and 
at  the  time  of  awarding  judgment  against  Edward  W.  Green,  in 
April  la<t,  and  that  the  conclusion  then  arrived  at  was  in  conformity 
to  that  hereinbefore  stated. 

George  T.  Bigeloav.        Charles  A.  Dewey. 

Therox  Metcalf.  Ebenezer  R.  Hoar. 

Reuben  A.  Chapman.         Horace  Gray,  Jr." 

Though  I  have  an  opinion  iipon  this  subject,  I  do  not  think 
it  necessary  to  state  it,  because,  in  my  judgment,  it  is  not  a 
question  which  I  am  required,  or  even  authorized,  to  decide, 
in  the  discharge  of  my  official  duty.     A  statement  of  the 


ADDRESSES  TO  COUNCIL.  369 

reasons  for  this  conclusion  seems  to  me  to  be  required,  not 
only  by  the  gravity  of  this  case,  but  because  my  conviction 
in  relation  to  it  rests  upon  principles  which  must  govern  my 
conduct  in  all  cases  to  which  they  may  apply. 

The  record  of  the  proceedings  of  the  Supreme  Judicial 
Court  in  the  case  of  Green  is  made  and  certified  in  con- 
formity to  law.  It  contains,  in  due  form,  the  history  of  his 
case.  It  sets  out  the  indictment,  his  arraignment  thereon, 
his  plea  of  guilty  of  murder  in  the  first  degree,  the  motion  of 
the  Attorney-General  of  the  Commonwealth  that  the  sentence 
provided  by  law  be  passed  against  him,  the  demand  made  by 
the  court  upon  the  prisoner  if  he  had  aught  to  say  why  the 
justice  then  present  ought  not,  on  the  plea  and  confession  of 
record,  to  proceed  to  pass  sentence  against  him,  his  reply 
thereto  that  he  had  nothing  further  to  say,  and  the  sentence 
awarded  by  the  justice  by  whom  the  court  appears  by  the 
record  to  have  been  held.  If,  then.  Green  was  erroneously 
convicted  and  sentenced  to  death,  because  that  sentence  was 
awarded  on  his  plea  of  guilty  of  murder  in  the  first  degree, 
without  the  finding  of  a  jury,  the  record  clearly  and  unmis- 
takably discloses  that  error ;  and  a  writ  of  error  affords  a 
plain,  adequate  and  complete  remedy,  available  by  him  on 
every  judicial  day  since  his  sentence  was  pronounced,  to  raise 
that  question  and  to  have  it  decided  in  the  regular  and  usual 
course  of  justice,  in  accordance  with  the  laws  of  the  Com- 
monwealth. Such  a  question,  accompanied  by  such  a 
remedy,  especially  after  what  has  taken  place,  I  cannot 
assume  to  decide,  without  violating  my  clear  and  settled 
convictions  of  duty. 

The  thirtieth  article  of  the  declaration  of  rights  provides 
that :  "  In  the  government  of  this  Commonwealth,  the  legis- 
lative department  shall  never  exercise  the  executive  and 
judicial  powers,  or  either  of  them  ;  the  executive  shall  never 
exercise  the  legislative  and  judicial  powers,  or  either  of  them; 
the  judicial  shall  never  exercise  the  legislative  and  executive 
powers,  or  either  of  them :  to  the  end  it  may  be  a  govern- 
ment" of  laws  and  not  of  men."  It  is  unnecessary,  and 
would  be  inappropriate,  for  me  to  say  anything  in  vindica- 
tion of  the  profound  wisdom  of  this  most  important  restric- 
tion of  the  powers  of  the  substantially  different  departments 
of  our  government.  The  universal  judgment  of  the  Ameri- 
can people  has  sanctioned  it,  and  I  believe  their  will  has 
enacted  its  substance,  in  some  form,  into  every  constitution 
in  our  country.  It  is  enough  for  me,  that  it  is  in  the  con- 
stitution of  this  Commonwealth,  and  that  it  becomes  me  to 
take  care  that  I  obey  it.     In  no  other  way  than  by  a  careful 


370  ADDRESSES  TO  COUNCIL. 

observance  of  this  article  bj  each  of  the  three  great  depart- 
ments of  our  government,  can  this  government  be  safely  and 
satisfactorily  administered.  In  no  other  way  than  by  such 
observance,  can  this  government  be  administered,  without 
such  iisui-pation  of  power  as  would  seriously  endanger  the 
welfare  and  good  order  of  the  people.  A  government  such 
as  ours  can  have  no  enduring  basis  but  in  the  respect  of  the 
people  for  its  constitution,  and  in  their  determination  to  sup- 
port it  in  all  its  purity  and  in  all  its  vigor ;  and  every  bad 
precedent,  every  irregular  and  unauthorized  act  of  the  public 
authorities,  or  of  any  of  them,  is  not  merely  a  temporary 
mischief,  but  a  great  and  permanent  public  injury. 

And  while  this  caution  should  never  be  remitted  by  either 
department  of  the  government  towards  any  other,  I  do  not 
hesitate  to  say  that  it  should  especially  be  exercised  towards 
the  judicial  department.  They  who  have  most  profoundly 
studied  our  institutions  have  found  reasons  for  this  caution 
in  the  fact,  that  while  the  judiciary  is  eminently  and  espe- 
cially the  moral  power  of  the  government,  it  has  in  itself  no 
control  of  any  material  or  physical  power ;  that  it  is  the 
weakest  of  all  the  departments  to  resist  aggression ;  that  it 
is,  in  some  sense,  the  conscience  of  the  State ;  and  that  the 
will  of  the  State,  and  the  physical  power  of  the  State,  should 
be  at  all  times  mindful  not  to  encroach  upon  its  appropriate 
domain.  These  views  seem  to  me  to  be  entitled  to  the 
gravest  consideration ;  but  there  are  others  to  which  I  attach, 
especially  in  this  case,  controlling  importance.  In  order  that 
I  may  present  these  properly,  you  will  permit  me  to  restate 
the  precise  question  now  under  consideration. 

That  question  is,  whether  by  the  laws  of  this  Common- 
wealth, a  single  justice  of  the  Supreme  Judicial  Court  can 
award  the  sentence  of  death,  upon  a  plea  of  guilty  of  murder 
in  the  first  degree.  Now  it  is  not  possible  for  me  to  doubt 
that  this  is  purely  and  wholly  a  judicial  question.  It  arises 
in  the  Supreme  Judicial  Court,  under  an  indictment  for 
murder,  presented  by  a  grand  jury  of  the  proper  comity,  and 
coming  by  law  before  that  court,  which  is  required  to  try 
and  award  the  punishment  for  the  offence.  Its  decision 
depends  on  the  construction  of  the  statutes  of  the  Common- 
wealth, and  their  application  to  the  case  before  the  court,  for 
its  judgment.  The  law  has  provided  plain  and  sufficient 
means  to  raise  this  question  before  the  court,  either  by  a 
motion  in  arrest  of  judgment,  or  by  a  writ  of  error  after 
judgment,  and  to  have  it  heard  and  determined  by  the  court 
in  the  usual  course  of  judicial  proceedings. 


ADDRESSES  TO  COUNCIL.  371 

When  the  people  of  the  State  formed  their  constitution, 
and  divided  their  government  into  different  departments, 
legislative,  executive  and  judicial,  they  granted  to  each 
department  those  powers  necessary  to  attain  the  ends  for 
which  it  was  created.  And,  as  must  be  presumed,  the  people 
of  the  State,  by  popular  election,  or  executive  appointment, 
have  filled  those  departments  from  time  to  time  with  men 
believed  to  be  competent  to  discharge  their  respective  duties. 
But  they  have  neither  furnished  to  the  executive  department 
any  settled  and  appropriate  means  of  determining  judicial 
questions,  nor  have  they  had  in  view  the  fitness  of  their  chief 
executive  officer  to  interpret  and  apply  the  laws  to  the  cases 
of  their  citizens  arising  in  the  courts.  All  this  the  people 
have  entrusted  to  the  judicial  department  of  their  govern- 
ment. To  that  department  they  have  granted  all  the  neces- 
sary powers  to  proceed  according  to  the  methods  which  thp 
experience  of  mankind  has  proved  to  be  necessary,  and  which 
are  dictated  by  the  legislative  power.  And  that  department 
has  been  filled  by  men,  selected  in  conformity  to  the  consti- 
tution for  their  fitness  from  education,  habit  and  character, 
to  discharge  its  peculiar  and  difficult  duties.  I  shall  not 
assume  any  one  of  them.  To  do  so,  would,  in  my  judgment, 
introduce  into  the  administration  of  this  government  a 
practice  alike  unprecedented,  unwarranted  and  dangerous. 

I  Wish  to  present  tliis  particular  subject  in  another  and 
specific  view.  As  already  stated,  this  is  a  question  of  pro- 
cedure. The  Supreme  Judicial  Court,  in  the  course  of  its 
known  and  clear  duty,  is  required  to  decide,  whether,  on  a 
plea  of  guilty  of  murder  in  the  first  degree,  a  sentence  of 
death  should  be  awarded  without  the  intervention  of  a  jury. 
They  examine  and  consider  the  statutes  of  the  Common- 
wealth, and  apply  to  their  interpretation  the  rules  and  prin- 
ciples in  which  they  are  skilled,  and  they,  upon  their  official 
responsibility,  and  in  the  discharge  of  the  duty  which  the 
people  have  confided  to  them,  decide  that  upon  such  a  plea 
sentence  of  death  must  be  awarded  ;  and  it  is  awarded.  The 
record  is  transmitted  to  the  Governor.  He  decides  other- 
wise. "What  becomes  tlie  immediate  practical  consequence  ? 
It  is,  that  the  most  atrocious  murderer  has  only  to  plead 
guilty  of  murder  in  the  first  degree,  and  he  cannot  be  pun- 
ished as  the  law  of  the  Commonwealth  expressly  requires 
him  to  be  punished,  namely,  by  death.  The  court  must 
receive  the  plea  and  award  the  sentence  of  death ;  for  in 
their  judgment  such  is  the  law.  The  Governor  must  refuse 
to  execute  the  sentence  in  every  case,  no  matter  how 
aggravated  it  may  be  ;  for  in  his  judgment  the  criminal  has 


372  ADDRESSES  TO  COUNCIL. 

not  been  legally  convicted  of  the  crime.  I  cannot  give  my 
sanction  to  such  a  construction  and  such  a  practice. 

It  has  been  suggested  that  the  powers  of  the  Governor  and 
Council  have  been  in  some  "way  enlarged  by  chapter  174, 
section  24,  of  the  General  Statutes.  That  section  is  as 
follows :  "  "When  a  person  is  convicted  of  a  crime  for  which 
sentence  of  death  is  awarded  against  him,  the  clerk  of  the 
court  shall,  as  soon  as  may  be,  deliver  to  the  sheriff  of  the 
county  a  certified  copy  of  the  whole  record  of  the  conviction 
and  sentence,  and  the  sheriff  shall  forthwith  transmit  the 
same  to  the  Governor,  and  the  sentence  of  death  shall  not 
be  executed  upon  such  convict  until  a  warrant  is  issued 
by  the  Governor,  with  advice  of  the  Council,  under  the 
great  seal,  with  a  copy  of  the  record  thereto  annexed,  com- 
manding the  sheriff  to  cause  execution  to  be  done ;  and  the 
sheriff  shall  thereupon  cause  to  be  executed  on  such  convict 
the  judgment  and  sentence  of  the  law."  This  section  was 
only  a  re-enactment  of  ancient  law.  Its  purpose  seems  to 
me  obvious  and  simple.  I  understand  that  in  the  adminis- 
tration of  the  criminal  laws  of  the  United  States,  and  of 
those  of  England,  the  practice  is  for  the  court  which  awards 
the  sentence  of  death  to  fix  the  time  for  the  execution  of  the 
convict.  I  take  it  for  granted  that  this  power  is  intended  to 
be  so  exercised  as  to  leave  proper  opportunity  for  executive 
clemency.  But  however  this  may  be,  it  was  determined  by 
the  framers  of  our  laws  that  there  should  be  no  room  for 
mistake  or  accident  in  such  cases,  and,  to  this  end,  it  was 
provided,  that  the  warrant  for  the  execution  of  the  prisoner 
should  be  signed  by  the  officer  to  whom  the  constitution  had 
committed  the  power  of  pardon ;  thus  placing  in  the  same 
hand  that  great  and  sacred  power,  and  the  control  over  the 
time  which  might  be  necessary  for  its  full  and  deliberate 
exercise. 

I  therefore  can  see  in  this  ancient  and  cautious  provision  of 
law,  nothing  more  than  this :  that  it  was  designed  to  secure 
to  the  Governor  sufficient  time  to  use  his  legitimate  execu- 
tive power  of  pardon  or  commutation,  with  such  circumspec- 
tion and  deliberation  as  so  great  an  act  always,  and  especially 
in  capital  cases,  imperatively  requires.  That  it  granted  to 
the  Governor  any  new  power,  I  cannot  believe.  The  sole 
purpose  of  this  section  seems  to  me  to  have  been,  to  afford 
whatever  time  he  might  deem  needful  for  the  exercise  of 
that  power  which  the  constitution,  and  not  this  nor  any 
statute,  has  conferred  upon  him.  Still  less  can  I  conclude, 
that  it  was  the  intent  of  the  legislature  to  enable,  and  so  to 
require,  the  executive  department  of  the  government  to  sit 


ADDRESSES  TO  COUNCIL.  373 

in  judgment  on  and  retry,  as  a  court  of  appeal,  a  question  of 
law  which  had  arisen  and  been  decided  in  the  case  by  the 
appropriate  tribunal. 

In  treating  this  case,  which  has  descended  to  me  for  my 
disposal,  with  the  advice  and  consent  of  the  honorable  Coun- 
cil, it  has  been  an  important  part  of  my  object  to  separate 
the  questions  which  belong  here,  from  those  which  are  proper 
for  only  other  tribunals.  In  doing  this  I  am  well  aware  that 
my  remarks  contain  much  that  is  elementary  and  acknowl- 
edged by  all  intelligent  persons.  But  it  has  seemed  to  me 
quite  fit  that  this  should  be  so,  since  in  the  lapse  of  time  it 
not  infrequently  becomes  pertinent  and  essential  to  recur  to 
the  elemental  principles  of  the  government.  And  I  have 
another  and  more  immediate  reason  for  having  adopted  this 
mode  of  address.  I  am  under  the  apprehension,  that  in  the 
course  which  the  discussions  relative  to  the  case  of  Green 
have  taken,  there  has  been  a  tendency  to  forgetfulness  of  the 
restraints  and  limitations  which  the  constitution  of  Massa- 
chusetts has  placed  upon  the  departments  of  its  government 
in  their  relations  to  each  other.  I  do  not  intend  by  this 
remark  to  reflect  upon  the  course  pursued  by  my  predecessor 
in  office ;  who,  to  the  eminent  abilities  which  marked  his 
period  of  magistracy,  has  added  the  sanctions  of  a  learned 
and  skilful  lawyer.  If  it  should  seem  that  I  do  not  concur 
with  him  in  all  particulars  relating  to  the  present  case,  my 
cordial  respect  for  his  public  services  and  his  private  virtues 
should  exempt  me  from  any  suspicion  of  having  a  desire  to 
differ  from  the  course  of  his  official  proceedings  concerning  it. 

The  only  remaining  facts  in  the  case  which  I  deem  it 
important  to  state  to  you,  are  these : — that  a  petition  of 
Edward  W.  Green,  in  which  he  repeated  his  confession  of  the 
high  crime  for  which  he  was  under  sentence,  and  in  which 
he  asked  for  a  commutation  thereof,  was  referred  to  the  com- 
mittee of  the  Council  on  pardons  ;  which  committee,  by  their 
chairman.  His  Honor  Joel  Hay  den,  after  full  hearing  reported, 
October  fourteenth,  eighteen  hundred  and  sixty-four,  that 
they  did  not  recommend  a  remission  of  sentence,  but,  instead 
thereof,  recommended  that  Friday,  the  thirteenth  day  of 
January,  eighteen  hundred  and  sixty-five,  be  fixed  for  the 
execution  of  the  sentence  of  the  law  upon  said  Green  ;  that, 
on  the  same  day,  October  fourteenth,  this  report  was  accepted 
by  the  Council,  as  appears  by  the  indorsement  thereon, 
attested  by  the  Secretary  of  the  Commonwealth  ;  that  no 
further  action  of  the  Governor  and  Council  in  said  case 
appears  to  have  been  had,  until,  on  the  twenty-ninth  day  of 
December  J  eighteen  hundred  and  sixty-five,  His  Excellency 


374  ADDRESSES  TO  COUNCIL. 

the  Governor  brought  the  subject  before  the  honorable  Coun- 
cil ;  that,  on  the  second  day  of  January,  eighteen  hundred 
and  sixty-six,  the  honorable  Council  proceeded  to  vote  upon 
the  question  propounded  to  them,  whether  the  said  sentence 
should  be  commuted  to  imprisonment  for  life,  and  that  said 
Council  refused  to  grant  such  commutation. 

Therefore,  gentlemen  of  the  honorable  Council,  upon  a 
review  of  this  whole  case,  I  come  to  the  conclusion  that, 
under  the  oaths  of  my  office,  it  is  incumbent  upon  me,  acting 
upon  the  constitution  and  laws  of  this  Commonwealth,  and 
with  your  advice  and  consent,  to  affix  my  signature  to  the 
warrant  for  the  execution  of  Edward  W.  Green,  a  convict 
under  the  sentence  of  death  for  the  crime  of  murder  in  the 
first  degree.  I  need  not  say  to  you,  that  this  is  to  me  a 
painful  duty.  But  after  careful  examination,  and  much 
study  and  reflection,  I  judge  that  it  is  my  duty,  the  discharge 
of  which  I  cannot  avoid  nor  any  longer  postpone. 

[To  the  Council,  April  11.] 

The  case  of  Edward  W.  Green,  whose  execution  for  the 
crime  of  murder  in  the  first  degree  I  have  already  assigned 
for  Friday  next,  has  again  been  brought  before  me  by  several 
estimable  and  eminent  gentlemen,  who  think  that  the  inflic- 
tion of  the  extreme  penalty  of  the  law,  will,  in  this  instance, 
be  an  act  of  injustice  and  wrong.  Although  the  action  of 
both  the  Executive  and  Judicial  departments  of  the  govern- 
ment, in  the  present  case,  seemed  to  be  concluded,  I  have 
deemed  it  my  duty  to  listen  attentively  to  the  considerations 
which  any  citizen  might  present  to  convince  me,  in  the  last 
resort,  that  it  might  still  be  incumbent  on  me  to  propound 
this  subject  anew  to  the  Council. 

As  I  stated  yesterday,  at  the  hearing,  there  is  no  longer 
any  existing  question  before  the  Council.  Having  myself 
come  to  the  conclusion,  in  February  last,  after  many  days  of 
study  and  reflection,  that  I  ought  to  affix  my  signature  to  the 
warrant  for  this  execution,  I  asked  the  advice  and  consent  of 
my  constitutional  counsellors  to  the  act ;  and  they,  after  due 
consideration,  unanimously  concurred  with  me. 

I  am  painfully  conscious  that  it  now  rests,  in  the  first 
instance,  upon  me  alone  to  decide  whether  that  action  should 
be  reversed.  And  my  decision  is  rendered  under  a  full  sense 
of  my  accountability  to  the  people  of  the  State,  and  to  the 
Supreme  Being  whose  sanction  is  superior  to  theirs. 

The  reasons  which  have  been  presented  for  a  reversal  of 
my  former  action,  though  urged  in  a  miscellaneous  manner, 
as  might  be  expected  from  the  best   of  men,  coming  here 


ADDRESSES  TO  COUNCIL.  375 

Tvithout  concert,  but  all  earnest,  with  sincere  convictions, 
may  be  stated  properly  by  me  in  the  following  order  of 
classification  : 

First,  it  is  urged  that  I  ought  to  consider  as  invalid  and 
illegal  the  act  of  Mr.  Justice  Hoar  in  receiving  the  plea  of 
guilty  and  in  passing  the  sentence  of  the  law,  and  equally  as 
illegal  and  invalid  the  recent  adjudication  of  the  whole  Bench 
of  the  Supreme  Judges  pronouncing  that  act  to  have  been 
proper,  regular  and  legal ;  or,  at  least,  that  this  act  of  the 
first-named  Justice,  and  this  judgment  of  the  whole  Court 
upon  it,  if  not  clearly  wrong,  do  open  questions  and  doubts 
which  should  cause  the  Executive  to  interpose  between  the 
Judicial  tribunal  and  the  death  of  the  criminal. 

For  the  reasons  which  were  stated  fully  in  my  address  to 
the  Council  on  the  twenty-seventh  day  of  February  last,  I 
cannot,  as  the  Executive  Magistrate  of  the  State,  consent  to 
interpose  between  the  decisions  of  its  ultimate  court  of 
judicial  appeal  and  the  execution  of  those  decisions,  upon 
any  supposed  errors  of  law.  To  do  that,  would  violate  my 
earlier  and  my  later  construction  of  the  constitiitional  securi- 
ties of  this  Government.  Upon  this  point  I  am  precluded  by 
the  last  article  in  the  Bill  of  Rights,  framed,  as  I  suppose,  by 
John  Adams,  the  wisest  and  profoundest  of  all  the  men  of 
the  State,  past  or  present. 

You  will  not  understand  me  as  saying  that  the  persons 
who  represent,  for  the  time  being,  either  department  of  this 
government,  are  infallible.  But  the  constitutional  relations 
which  exist  between  these  departments  are  such,  that,  without 
their  mutual  respect  and  confidence,  the  government  cannot 
be  administered  with  safety  to  property,  liberty  or  life.  I 
should  be  false  to  every  conviction  of  which  I  am  capable,  if 
you  could  persuade  me  in  my  present  capacity  to  sit  in 
judgment  upon  the  legal  decisions  of  the  supreme  judicial 
tribunal. 

There  must  be  an  ultimate  judicial  sanction  somewhere. 
That  is  essential  to  government.  Can  you  put  it  in  a  variety 
of  places  and  among  conflicting  jurisdictions,  so  well  and  so 
safely  as  in  the  one  place  where  the  Constitution  has  depos- 
ited it  ?  I  heard  yesterday  the  free  criticisms  upon  the 
Court,  which  were  sincerely,  acutely  and  eloquently  pre- 
sented, and  which  were  intended  to  aid  me  in  my  conduct. 
But  if  the  eminent  gentlemen  who  then  addressed  me  were 
in  this  chair  and  under  my  oaths  of  office,  I  gravely  doubt 
whether  they  would  not  come  back  with  me  at  last  to  the 
landmarks  of  security  of  popular  justice  which  confine  and 
restrain  each  department  of  the  State.     Under  such  circum- 


376  ADDRESSES  TO  COUNCIL. 

stances  I  think  this  would  be  their  conclusion  ;  it  certainly- 
must  be  mine. 

Second,  it  is  represented  that  Green's  plea  of  guilty  of 
murder  in  the  first  degree,  as  he  has  since  explained  it  to 
have  been  intended,  and  as  it  is  illustrated  by  all  his  con- 
fessions, does  not  make  him  guilty  of  murder  deliberately 
premeditated  of  malice  aforethought.  Why  does  it  not? 
Because,  as  it  is  alleged,  he  did  not  deliberate  nor  intend  the 
killing  of  young  Converse,  until,  entering  the  bank  for 
another  purpose,  he  saw  him  alone  with  the  pile  of  money, 
when,  according  to  all  his  confessions  and  according  to  all 
the  admissions  of  his  advocates,  he  conceived  the  thought 
that  if  the  young  man  "  could  be  put  out  of  the  way  "  he 
could  seize  the  money  and  be  free  of  his  impending  pecuniary 
disgrace.  Then  he  went  back  to  his  house,  placed  his  loaded 
pistol  in  his  pocket,  cocked  it  on  his  way  of  return,  re-entered 
the  bank,  and  completed  his  purpose.  The  consummation  of 
this,  it  is  said  to  me,  may  not  have  exceeded  the  period  of 
from  twenty  minutes  up  to  an  hour — the  accounts  differ  as 
to  the  lapse  of  time. 

Now  I  might  well  consider  the  whole  of  this  second  ques- 
tion, also,  as  comprised  and  covered  by  the  plea  of  the 
criminal  and  by  the  action  of  the  court  upon  it.  But  I  am 
willing  to  treat  it  otherwise  ;  and  to  regard  this  merit  of  the 
case,  such  as  it  is,  as  placed  directly  upon  my  own  judgment, 
for  myself  and  for  the  Council.  I  find  in  the  file  transmitted 
to  me  many  papers  and  many  arguments  relating  to  this 
point. 

I  can  hardly  think  that  criminal  jurisprudence  has  reached 
this  conclusion  at  length — that  the  intent  to  kill  a  human 
being,  for  the  purpose  of  obtaining  money,  shall  be  or  shall 
not  be  construed  to  be  murder  of  deliberately  premeditated 
malice  aforethought,  according  as  the  lapse  of  time  between 
the  conception  and  the  execution  of  the  crime  may  have 
been  twenty  minutes,  or  forty  minutes,  or  sixty  minutes. 
With  whatever  knowledge  it  is  my  fortune  to  have  of  the 
law,  in  its  earlier  and  in  its  later  stages,  and  with  whatever 
comprehension  I  can  command  of  private  or  public  security 
of  human  life,  I  suppose  forty  minutes  to  be  as  valid  as 
sixty,  and  twenty  minutes  to  be  as  valid  as  forty,  for  estab- 
lishing the  malice  of  the  intent  and  the  flagrancy  of  the 
crime.  It  is  not  within  the  possibilities  of  my  imagination 
to  suppose  that  the  safety  of  society  can  be  maintained  by 
the  theory  which  is  set  before  me  in  the  present  case.  As  to 
what  the  law  is,  upon  this  question,  I  can  have  no  doubt ;  as 
to  what  public   and  private   security  is,  I  can  have  none. 


ADDRESSES  TO  COUNCIL.  377 

"When,  under  the  pressure  of  the  conceded  motive  of  plun- 
der, to  be  attained  by  the  homicide  of  the  victim,  you  attempt 
to  circumscribe  the  question  of  malice  premeditated  and 
aforethought  within  the  limitation  of  an  hour,  or  half  of  an 
hour,  or  a  quarter  of  an  hour — ■R'hile  the  youth  with  the 
money  in  his  hand  is  upon  one  side  of  the  counter,  and  upon 
the  other  side  is  the  man  who  comes  to  take  his  life  only  in 
order  to  obtain  those  bank  bills — I  confess  that  all  my 
instincts  as  a  citizen  and  all  my  convictions  as  a  magistrate 
find  me  quite  ready  to  concur  with  the  great  wisdom  of  the 
common  law  as  expounded  by  our  own  tribunals  in  Massa- 
chusetts. I  cannot  pretend  to  define  the  limitations  of  time 
within  which  this  premeditation,  this  malice  aforethought, 
this  exercise  of  the  will  for  crime,  shall  be  expressed  or  con- 
fined. But  I  cannot  doubt  that  Green's  case  lies  within  all 
the  just  constructions  of  law,  and  outside  all  its  possible 
exemptions. 

Third  and  last,  I  am  pressed  to  reverse  my  previous  action 
because  the  criminal,  now  under  appointment  for  execution, 
is,  by  reason  of  his  present  status  or  condition,  unfit  to  suffer 
the  extreme  penalty  of  the  law  of  the  Commonwealth,  under 
which  he  stands  convicted  and  sentenced.  This  is  a  question 
of  which  the  consideration,  since  the  passing  and  confirma- 
tion of  sentence,  belongs  properly  and  exclusively  to  the 
Executive. 

It  is  also  a  question  of  the  highest  moment.  Much  that  is 
in  the  file  transmitted  to  me  by  my  honored  and  esteemed 
predecessor;  much  that  was  pressed  in  the  hearing  yesterday, 
relates  solely  to  this  point.  I  do  not  understand,  from  my 
review  of  the  file,  or  from  the  hearing  of  yesterday,  that  it  is 
claimed  that  there  is  any  essential  or  important  discrepancy 
between  the  mental  and  moral  condition  of  Green  at  the 
time  of  the  commission  of  his  great  and  last  crime  and  his 
condition  at  the  present  time.  I  am  sure  no  such  discrep- 
ancy has  been  alleged  ;  and,  of  course,  I  take  it  none  such 
exists. 

Indeed  I  deem  it  not  only  proper,  but  important,  to  say 
that  I  have  myself,  for  two  months  past,  pursued  this  specific 
inquiry ;  and  I  have  no  reason  to  doubt  that  such  as  Green 
was  then,  substantially  he  is  now. 

And  what  is  that  status,  mental  and  moral  ?  In  determin- 
ing this  question,  I  do  not  rely  solely,  by  any  means,  upon 
the  answers  which  Mr.  Sherifi"  Kimball  of  the  county,  and 
Mr.  Jailer  Adams  of  the  prison,  have  given  me  under  the 
most  solemn  of  adjurations ;  but  I  attach  special  and  greater 
importance  to  the  report  of  the  two  eminent  professional 

55 


3  78  ADDRESSES  TO  COUNCIL. 

gentlemen,  medical  experts,  appointed  by  my  predecessor,  to 
examine  Green  and  to  return  their  solemn  judgment  of  his 
condition,  as  an  accountable  and  responsible  man. 

These  gentlemen  were  Doctors  John  E.  Tyler  of  the 
McLean  Asylum,  and  C.  A.  Walker  of  another  public  insti- 
tution. I  copy  here  the  answer  of  this  responsible  commis- 
sion, addressed  to  my  predecessor  under  the  date  of  October 
3, 1864,  which  before  has  never  been  produced  for  the  public 
consideration ;  and  it  is  proper  to  say,  that  while  this  is 
signed  by  both  Doctors,  Tyler  and  Walker,  it  appears  to  have 
been  written  by  Dr.  Tyler,  whose  testimony  here,  yesterday, 
was  altogether  in  accord  with  this  his  original. 

I  now  append  the  responsible  answer  of  this  able  commis- 
sion, upon  the  interrogatories  of  my  predecessor  concerning 
the  mental  and  moral  condition  of  Edward  W.  Green : 

Boston,  3d  Oct.,  1864. 
To  His  BxceUency  Jons  A.  AjfiD'RE^v,  Governor  of  the  Commonwealth: 

111  accordance  with  your  -wishes,  we  have  endeavored  to  make  a 
careful  and  thorough  examination  of  the  mental  condition  of  Edward 
W.  Green,  now  confined  in  the  Middlesex  county  jail. 

We  have  failed  to  discover  any  trace  of  insanity  in  him,  nor  can 
we  consider  him  "an  imbecile."  But  he  is  a  man  of  inferior  capacity, 
little  education  and  little  desire  for  it,  and  of  limited  general  informa- 
tion. 

His  affections  are  strong.  He  is  fond  of  cliildi'cn,  and  loves  his 
wife  and  child. 

In  all  common  matters  of  social  life,  his  moral  sense  is  quick  and 
correct.  He  by  no  means  confuses  right  with  wrong.  He  has  some 
notion  of  personal  obligation  to  God,  but  of  religious  knowledge  and 
experience  he  is  most  astonishingly  ignorant. 

Until  his  arrest,  it  appeai-s  that  he  has  led  an  idle,  frivolous,  selfish, 
self-indulgent  life,  though  not  given  to  the  excesses  most  common  to 
young  men ;  caring  for  little  but  to  be  popular,  to  write  a  good  hand, 
to  drive  a  fast  team,  to  eat,  and  to  have  a  good  time,  giving  hardly  a 
thought  vohmtarily  to  other  things  than  these,  and  rarely  one  to 
moral  or  religious  subjects. 

He  knows  that  he  has  committed  a  great  crime,  and  that  be 
deserves  punishment  for  it.  He  feels  in  a  .measure  that  he  has 
wronged  the  parents  and  relatives  of  Converse,  his  own  wife  and 
child,  and  the  community  in  which  he  lived,  and  in  a  measure  be 
laments  this,  but  his  greatest  grief  seems  to  be  that  by  any  act  of 
his  he  should  have  placed  himself  in  so  sad  a  position. 

We  cannot  consider  him  irresponsible.  He  came  to  his  crime,  as 
others  have  come  to  great  crimes,  through  a  preparation  of  previous 
misdeeds,  and  by  permitting  the  object  of  his  desire  to  fill  his  whole 
field  of  view  and  to  utterly  exclude  everything  else. 

We  believe  that  he  was  less  qualified  to  resist  the  temptation  to 
wrong  doing  than  many  other  men,  but  that  this  disability  grew 


ADDRESSES  TO  COUNCIL.  379 

rather  from  a  neglect  of  cultivating  his  moral  power  than  from  any 
congenital  absence  thereof. 

We  are  ready  to  give  a  more  detailed  account  of  the  examination, 
and  our  reasons  for  the  above  opinion,  if  your  Excellency  should 
desire  it.  Your  obedient  servants, 

JoHX  E.  Ttler. 
Clement  A.  Walker. 
• 

This  would  seem  to  be  sufficient.  If  anything  more  is 
wanted,  to  satisfy  your  judgment  or  mine,  upon  this  question, 
I  think  it  may  be  derived  from  the  subsequent,  longer  and 
more  private  communication  of  Dr.  Tyler,  addressed  to  my 
predecessor,  to  which  I  attach  the  highest  value  and  import- 
ance, and  which  was  read  to  you  by  himself,  yesterday  ;  and 
perhaps,  also,  from  the  subsequent  letters  of  Dr.  Walker, 
upon  whose  letters  and  upon  whose  testimony  given  yester- 
day I  do  not  judge  it  necessary  to  dwell  at  any  further 
length.  I  am  bound  to  give  to  Dr.  Tyler's  written  and  verbal 
testimony  the  highest  consideration,  and  to  adopt  his  conclu- 
sion that  the  case  of  Green  is  not  at  all  outside  the  ordinary 
responsibilities  for  the  crime  of  murder.  This  judgment  of 
the  ablest  of  professional  and  medical  experts,  after  personal 
scrutiny,  leaves  little,  if  anything,  to  be  supplied,  as  to  the 
status  of  the  criminal. 

I  judge  it  to  be  attended  by  great  uncertainty,  and  by 
much  danger  to  all  the  interests  of  our  life  and  our  liberty, 
if  we  should  attempt  to  pursue  too  captiously  the  inquiry 
when,  and  where,  and  how,  and  within  what  limitations, 
human  responsibility  for  the  highest  crime  shall  begin  or 
cease.  I  prefer  to  adhere,  as  a  rule  of  long  existing  practice 
and  of  public  safety,  to  the  judicial  constructions,  which  are 
supported  by  the  traditions  and  by  the  laws  of  this  Common- 
wealth. 

I  therefore  conclude,  as  my  part  of  duty  in  the  present 
case,  that  since  in  the  original  trial  before  the  Supreme  Judi- 
cial Court,  the  convict,  Edward  W.  Green,  was  adjudged  to 
be  guilty  of  murder  in  the  first  degree,  and  was  thereupon 
sentenced  according  to  the  law — and  since  the  correctness  of 
that  sentence  has  recently  been  solemnly  affirmed  by  all  the 
Judges  of  that  Court,  and  since  the  Executive  has  only  a 
plain,  though  it  be  a  solemn  duty  to  perform — therefore,  the 
original  judgment  of  the  Court,  reinforced  by  its  later  decis- 
ion, must  be  executed  at  the  time  and  place  heretofore 
appointed. 

And  in  this  conclusion  I  think  it  becoming  to  say  that 
every  member  of  the  Executive  Council  concurs  with  me. 


SPECIAL    MESSAGES 

AND 

A   YALEDICTORY  ADDRESS 

OF 

HIS    EXCELLENCY    JOHN    A.    ANDREW, 

TO   THE 

GENERAL   COURT   OF  1866. 


His  Excellency  Governor  Andrew,  on  the  third  and  fifth 
days  of  January  respectively,  transmitted  to  the  Legislature 
the  following  special  communications ;  and,  also,  on  the 
said  fifth  day,  delivered  in  person  to  the  two  branches,  in 
convention,  the  annexed  Valedictory  Address. 


MESSAGES. 


[To  the  Senate,  January  3.] 

I  have  the  honor  to  communicate  to  the  Senate,  by  this 
message,  a  variety  of  documents,  for  use  of  the  General 
Court,  which  it  is  important  to  place  within  its  possession 
and  in  print,  for  the  elucidation  of  several  branches  and  par- 
ticulars of  administrative  work,  which  will  be  left  by  me, 
either  wholly  or  nearly  complete,  at  the  expiration  of  my 
term  of  office. 

The  Militia. 

I  especially  avail  myself  of  the  earliest  practicable  opportu- 
nity in  the  present  session  to  lay  before  the  General  Court, 
several  reports  which  it  is  my  own  duty  to  transmit,  although 
upon  the  eve  of  retirement  from  the  Executive  department, 
concerning  the  Militia,  viz. : 

1.  A  copy  of  a  special  report  made  to  the  Governor,  by 
Brig.  Gen'l  William  Schouler,  Adjutant-General  of  the  Com- 


382  SPECIAL  MESSAGES. 

monwealtli,  exhibiting  the  numbers  of  companies  of  the 
militia,  and  their  organization,  up  to  the  30th  day  of 
December,  just  past. 

2.  A  copy  of  a  report  made  by  Brig.  Gen'l  R.  A.  Peirce, 
Asst.  Q.  M.  G.  and  Chief  of  Ordnance,  exhibiting  schedules 
of  the  arms,  equipments,  uniforms,  ordnance,  and  all  the 
Quartermaster's  and  ordnance  stores  in  his  custody  on  the 
18th  day  of  the  same  December. 

3.  A  copy  of  a  report  made  by  Col.  J.  W.  Gelray,  Ass't 
Inspector-General,  of  a  thorough  and  detailed  inspection  of 
all  militia  organizations  of  the  Commonwealth,  concluded  on 
the  30th  day  of  the  same  month. 

My  object  in  bringing  these  reports  personally  to  the  atten- 
tion of  the  Legislature,  is  to  enable  it  to  know,  as  early  as 
may  be,  the  precise  condition  of  the  militia,  and  the  quantity 
and  value  of  the  military  property  under  the  administration 
of  the  military  bureaus,  and  to  appreciate  the  just  wishes  of 
the  members  of  the  militia  itself  in  reference  to  its  present 
state  of  organization. 

I  should  have  thought  my  proper  office  fulfilled  by  com- 
municating only  with  the  able  and  distinguished  citizen  who 
is  to  succeed  me  in  the  Executive  chair ;  were  it  not  that 
certain  peculiarities  in  the  present  statutes  concerning  the 
militia  have  lately  embarrassed  my  own  action,  and  delayed 
the  completion  of  regimental  organizations.  It  is  due,  alike 
to  the  militia  and  to  my  successor  in  office,  that  I  should 
myself  assume  the  task  of  explanation. 

The  Act  of  1864,  chapter  238,  section  72,  required  that 
"  the  non-commissioned  officers  and  privates  of  the  active 
and  volunteer  militia,  upon  being  enrolled  or  organized,  shall 
be  furnished,  at  the  expense  of  the  State,  with  the  proper 
uniforms  of  their  regiments  and  corps,  by  the  quartermaster- 
general's  department,  upon  a  requisition  of  the  commander 
of  the  company,  countersigned  by  the  commander  of  the  reg- 
iment." Section  73,  of  the  same  chapter,  provided  that 
"  such  uniforms  shall  be  deposited  in  the  armories  of  the  sev- 
eral companies  for  safe  keeping,  and  Avorn  only  in  the 
discharge  of  military  duty ;  and  every  person  to  whom  such 
a  uniform  is  issued  shall  receive  half  pay  only  for  his  services 
in  the  discharge  of  military  duty,  under  the  laws  of  the  State, 
until  the  expense  is  liquidated  by  such  service,  when  the 
uniform  shall  become  the  property  of  such  person." 

It  was  provided  in  the  7th  section  of  the  same  Act,  that  all 
persons  liable  to  enrolment  in  the  militia,  under  the  age  of 
twenty-four  years,  should  constitute  "  the  active  militia." 
And  the  16th  section  provided  that,  "  the  commander-in-chief 


SPECIAL  MESSAGES.  •  383 

may  authorize  the  continuance  or  formation  of  volunteer 
companies,  formed  of  members  of  the  active  or  of  the  reserve 
militia,  who  shall  be  liable  to  all  the  duties  of  the  active 
militia,  but  shall  be  excused  from  duty  in  the  standing  com- 
pany in  which  they  are  enrolled,  so  long  as  they  shall  continue 
members  of  such  volunteer  companies." 

It  was  also  provided  in  section  145  of  the  same  Act,  in 
respect  of  the  compensation  of  non-commissioned  officers  and 
soldiers  of  the  militia,  that  for  each  day's  duty  in  camp,  they 
should  each  receive  $1.30  ;  with  $3  in  addition  to  the  daily 
pay  of  members  of  mounted  companies,  keeping  and  forage 
inclusive. 

The  General  Court  of  1865  was  apparently  of  the  opinion, 
that  the  Act  of  1864,  if  fully  executed  in  all  its  provisions, 
would  furnish  a  larger  militia  force  than  existing  circum- 
stances rendered  desirable.  That  opinion  was  expressed  by 
the  very  able  and  experienced  Committee  on  Military  Affairs, 
in  their  report  to  the  House  of  Representatives,  dated  April 
20th,  1865,  (House  Document,  No.  236.)  The  committee, 
however,  declared  their  express  approbation  of  the  Act  of 
1864,  in  respect  to  "  its  methods  of  organization  of  the 
militia,  its  adjustment  and  balance  of  the  various  portions  of 
the  system,  and  its  arrangements  of  the  staffs,"  which,  they 
observed,  "  should  be  substantially  retained  under  any  sys- 
tem." The  committee  were  "  of  the  opinion  that  it  would 
be  wise  '  to  suspend '  the  operation  of  the  law,  so  far  as 
it  relates  to  the  district  system,  but  to  continue  the  law 
in  respect  to  the  volunteer  companies  already  organized, 
and  to  provide,  within  certain  limits,  for  the  formation  of 
others." 

The  result  was  the  adoption  of  chapter  250,  of  the  Acts  of 
1865  ; — by  the  first  section  of  which,  the  laws  of  1864,  con- 
cerning the  '■'•active  militia''^  were  '■'■  suspended ^  By  the 
third  and  fourth  sections  of  this  Act,  the  "  volunteer  militia  " 
were  rendered  sulrject  to  all  the  duties  required  of  the  volun- 
teer militia  by  chapter  238,  of  the  Acts  of  1864 ; — and  the 
maximum  force  of  the  volunteer  militia,  exclusive  of  the  two 
corps  of  Cadets,  was  fixed  at  100  companies  of  Infantry  and 
Heavy  Artillery,  5  of  Cavalry,  5  of  Light  Artillery,  and  1  of 
Engineers. 

This  law,  while  it  "suspended"  the  operation  of  all  the 
compulsory  portion  of  the  Act  of  1864,  still  retained  in 
service  all  those  persons  who  had  become  members  of  the 
volunteer  militia,  prior  to  the  date  of  its  going  into  opera- 
tion, viz.,  June  16th,  1865.  The  result  has  been  that,  under 
this  volunteer  system,  we  in  fact  have  compulsory  military 


38i  SPECIAL  MESSAGES. 

service;  since  persons  had  felt  "  compelled  to  volunteer  "  to 
enlist  in  organizations  they  preferred,  who  were  subject  by 
the  Act  of  186-4,  to  be  assigned  to  duty,  under  "  the  district 
system,"  in  organizations  less  to  their  choice.  Many  young 
men,  having  volunteered  under  this  compulsion,  and  finding 
the  law  suspended — the  expected  operation  of  which  had 
controlled  their  minds — have  felt,  and  not  without  just 
grounds,  a  sense  of  hardship  and  inequality  in  being  held 
to  the  terms  of  their  enlistment.  Such  persons  have  con- 
tended that  if  the  volunteer  system  is  the  policy  of  the 
Commonwealth,  and  not  a  compulsory  system,  they  also 
ought  to  be  free  to  volunteer  or  not,  according  to  their  own 
pleasure  ;  and  that  they  ought  not  to  be  held  as  if  they  had 
really  become  volunteers,  when  in  truth,  and  in  fact,  they 
had  only  exercised  their  election  as  to  which  organization 
they  would  enter,  under  a  statute  compelling  them  to  per- 
form militia  duty  somewhere.  This  state  of  things  during 
the  last  few  months  has  occasioned  some  uneasiness. 

While,  as  a  citizen,  I  could  not  be  insensible  to  the  equi- 
table character  of  the  objection  made  ;  nevertheless  as  Com- 
mander-in-Chief of  the  militia  of  the  Commonwealth,  it  was 
my  duty  to  maintain  the  law,  and  to  hold  them  in  service, 
subject  to  all  the  possible  exigencies  for  which  militia  might 
be  required. 

Again,  chapter  250,  of  the  Acts  of  1865,  increased  the 
daily  compensation  of  a  non-commissioned  officer  and  soldier 
from  $1.30  to  $2.50,  with  $5  instead  of  $3  a  day,  in  addition, 
to  members  of  mounted  companies.  And  yet  by  an  amend- 
ment, (being  section  15,  of  chapter  250,  introduced  while 
the  committee's  Bill  was  in  progress,)  all  that  part  of  the  73d 
section  of  chapter  238,  in  the  Acts  of  1864,  hereinbefore 
recited,  which  provided  a  mode  of  payment  by  the  soldier 
for  his  uniform,  was  repealed. 

Now,  there  are  five  sections  of  chapter  238  of  the  Acts  of 
1864,  "  concerning  articles  furnished  by  and  to  soldiers,^'  viz. : 
sections  71  to  75,  inclusive.  These  five  sections  contain 
provisions  which  contemplate,  1,  the  procurement  of  their 
own  arms  and  equipments  by  commissioned  officers ;  2,  the 
furnishing  by  the  Commonwealth,  at  its  own  expense,  the 
proper  uniforms  of  their  regiments  and  corps,  to  the  non- 
commissioned officers  and  privates ;  3,  the  safe  keeping  of 
such  uniforms  in  the  armories,  when  not  worn  in  the  dis- 
charge of  military  duty  ;  4,  the  punishment  of  any  non- 
commissioned officer  or  soldier  for  selling,  or  fraudulently 
secreting  or  removing  such  uniform,  before  acquiring  the 
proprietorship  of  his  uniform  by  rendering  sufficient  service 


SPECIAL  MESSAGES.  .  385 

therefor ;  and,  5,  the  exemption  from  execution  of  the 
uniform,  arms,  <fec.,  of  every  officer  and  soldier. 

The  amendment  which  strikes  out  the  latter  clause  of  section 
73,  leaving  all  the  other  provisions  of  these  five  sections  undis- 
turbed l)y  its  terms,  must  be  understood  to  leave  them  undis- 
turbed by  its  effect.  In  other  words,  the  statute  must  be 
construed  by  reading  these  sections  together,  striking  out  the 
words  which  the  amendment  declares  shall  be  struck  out,  and 
striking  out  nothing  else.  That  being  done,  section  74  must 
be  construed  as  having  some  meaning  and  operation.  It 
would  seem,  therefore,  that  "  the  discharge  of  military  duty^'' 
according  to  the  meaning  of  those  words  in  section  73,  would 
still  cause  the  imiform  of  a  non-commissioned  officer  or 
private  to  "  become  his  property, ^^  within  the  meaning  of 
these  last  quoted  words,  as  they  are  used  in  section  74.  If 
that  is  correct,  then  I  suppose  the  uniform  becomes  the 
property  of  the  soldier  when  his  term  of  enlistment  expires, 
or  he,  otherwise,  fulfils  the  requirements  and  meaning  of  the 
words  "  discharge  of  military  duty."  But  I  have  reason  to 
believe  that  such  was  not  the  intention  with  which  the  amend- 
ment was  adopted.  Nor  does  it  appear  probable  that,  while 
nearly  doubling  their  per  diem  compensation  in  money,  the 
Legislature  intended,  also,  to  give  uniforms  to  the  militia 
men,  instead  of  furnishing  them  at  cost  and  deducting  their 
price  from  the  soldiers'  pay,  as  before.  Such  is  not  the  popu- 
lar military  understanding  of  the  law.  It  is  understood  to 
have  been  intended  that  the  uniforms  shall  be  lent  by  the 
Commonwealth  to  the  companies,  for  the  purpose  of  being 
worn  by  their  members — no  person  acquiring  any  property  in 
a  given  uniform,  nor  even,  as  it  would  seem,  the  right  to 
wear  the  same  uniform  twice  in  succession.  The  objection 
to  this  understanding  of  the  law  is,  that  such  an  interpreta- 
tion renders  section  74  without  meaning :  while  also  if  that 
construction  and  consequence  may  be  adopted,  then  a  very 
large  amount  of  money  of  the  Commonwealth,  invested  in 
militia  uniforms,  becomes  greatly  depreciated,  and  much  of 
it  valueless,  as  soon  as  it  is  issued.  Uniforms  are  like  other 
articles  of  wearing  apparel ;  after  they  have  been  worn  by 
one  person,  they  will  be  considered  and  treated  as  only 
"  second-hand  clothing"  by  every  other  person. 

Under  all  the  circumstances,  therefore,  I  have  found  it  to 
be  my  manifest  duty  to  delay  the  complete  organization  of 
the  militia,  and  the  delivery  of  the  uniforms,  prescribed  by 
the  Act  of  1865,  in  order  that  the  Legislature  might  have  an 
opportunity  to  revise  the  law,  and  that  another  Commander- 

5G 


386  SPECIAL  MESSAGES. 

in-Chief  might  take  the  work,  relieved  of  those  difficulties 
and  doubts. 

I  had  hoped,  during  nearly  five  years,  to  have  the  satis- 
faction, on  my  relinquishing  office,  of  leaving  a  strong  body 
of  active  militia,  well  organized,  well  disciplined,  thoroughly 
armed,  uniformed  and  equipped.  With  careful  pains  the 
material  needed  for  the  purposes  of  such  a  body,  ample  in 
numbers,  has  been  accumulated.  And  had  it  been  in  my 
power  to  district  the  Commonwealth  and  draft  soldiers  up  to 
the  number  of  men  of  the  different  arms  limited  by  the  Act 
of  1865,  with  the  right,  also,  to  receive  volunteers  and  sub- 
stitutes instead  of  drafted  men,  and  also,  to  cause  the 
uniforms  to  be  served  out,  both  understandingly  and  with 
safety  to  the  public  property,  it  would  have  been  easy,  at 
this  moment,  to  present  the  rolls  and  rosters  of  a  body  of 
citizen  soldiers  never  surpassed.  The  proportion  of  active 
militia  would  have  been  about  one-fifteenth  of  the  whole 
body  of  men  enrolled  for  duty.  And  at  a  reasonable  com- 
pensation for  each  day's  training,  it  would  be  easy  to  keep 
on  foot  such  a  proportion.  Militia  service,  like  service  on 
the  juries,  or  other  public  duties,  would  be  regarded  as 
alike  important  and  honorable.  If  the  term  for  each  man 
was  limited  to  three  years,  no  young  man  could  deem  it 
onerous.  And  with  all  our  recent  experiences  fresh  in  mind, 
the  people  of  Massachusetts  could  not  be  contented  with  the 
wasteful  economy  of  leaving  the  State  undefended  and  un- 
ready for  any  defence.  We  have  now  in  commission  many 
officers,  and  on  our  rolls,  many  soldiers,  of  the  highest  merit. 
It  was  my  utmost  pride  to  be  completely  identified  with  their 
final  and  successful  organization.  But,  it  was  not  fit  for  me, 
by  anticipating  events  or  acting  in  advance  of  needful  legis- 
lation, to  risk  the  great  interests  of  the  future  strength 
and  famje  of  the  militia.  Calling  renewed  attention  to  the 
reports  referred  to,  I  leave  the  subject  to  the  wisdom  of  the 
Legislature. 

Ca77ip  Meigs — Volunteer  Recruiting. 

I  have  also  to  communicate  copies  of  two  important  and 
valuable  reports  made  to  myself  by  Brigadier-General  R. 
A.  Peirce,  viz. :  1.  On  the  rendezvous  known  as  "  Camp 
Meigs,"  near  Readville  station,  in  Dcdhara.  2.  On  the  ex- 
penditures of  the  volunteer  recruiting  service  under  the  Act 
of  March  17th,  1863. 

These  reports  exliibit  the  manner  in  whicli  important 
duties  have  been  performed  in  the  organization  and  recruit- 
ment of  volunteers,  since  it  became  possible  more  completely 


SPECIAL  MESSAGES.  387 

to  systematize  that  work  ;  and  the  success  in  every  respect 
which  distinguishes  efficient  administration  reflects  great 
credit  on  the  energy,  fidelity  and  integrity  of  the  officer 
under  whose  immediate  command  it  has  been  accomplished. 

Recndting-  in  Rebel  States. 

I  beg  leave  also  to  lay  before  the  Legislature  copies  of  the 
final  reports  of  Colonel  Joseph  M.  Day,  Provost-Marshal  of 
the  Commonwealth,  on  the  recruitment  of  volunteers  by 
Massachusetts,  in  the  Rebel  States,  under  the  Act  of  Con- 
gress of  the  4th  of  July,  1864, — which  work  was  conducted 
by  the  Provost-Marshal's  Bureau,  with  the  aid  and  super- 
vision of  a  Board  of  Recruitment,  consisting  of  Hon. 
Charles  R.  Codman,  Hon.  D.  T\"aldo  Lincoln,  Col.  Charles 
H.  Dalton,  Major  George  L.  Stearns,  and  David  H.  Mason, 
Esquire. 

Although  the  expense  of  this  work  was  not  defrayed  by 
the  Commonwealth,  but  by  municipalities  and  individuals, 
yet  it  was  done  in  the  interest  of  the  public  service,  both 
State  and  National,  and  forms  a  part  of  the  history  of  Massa- 
chusetts in  her  relation  to  the  war  of  the  rebellion.  It  seems 
appropriate  therefore  that  the  facts  and  documents  embodied 
in  these  reports  should  be  preserved  in  printed  form  for  the 
information  of  the  people  hereafter.  I  avail  myself  of  this 
opportunity  to  render  my  grateful  thanks  to  these  able  and 
public-spirited  gentlemen,  to  whose  services  and  intelligent 
care  the  success  of  the  bureau,  and  its  honorable  recognition 
everywliere,  is  so  largely  due. 

The  whole  number  of  enlistments  procm'ed  by  the  agents 

of  this  Commonwealth  in  the  Rebel  States,  is  .         .      2,418 

Of  which  only  16  were  for  less  than  three  years. 
Of  this  number,  there  were  assigned  to  cities  and  to\\'ns,      .      1,865 
To  individuals  asking  representative  recruits,      .         .         .         553 

The  cost  of  the  above  recruits  to  such  cities,  towns,  and 
individuals,  has  been  for  each,  $100,  of  the  8125  deposited 
for  that  purpose.  The  balance  (825,)  with  the  exception  of 
the  amounts  hereinafter  mentioned,  applied  to  the  fund  for 
the  relief  of  sick  and  disabled  soldiers,  and  825  directed  by 
one  of  the  depositors  to  be  paid  to  the  National  Freedman's 
Relief  Association,  has  been  or  is  to  be  returned  to  the 
several  depositors. 

By  inquiries  made  of  the  regular  agents  employed  in  the 
business  of  filling  the  quotas  of  cities  and  towns,  the  Provost- 
Marshal  finds  that  the  average   price  of  three  years  men, 


388  SPECIAL  MESSAGES. 

during  the  period  covered  by  the  operations  of  the  Board  of 
Recruitment,  was  fully  $300,  and  proportionally  still  higher 
for  one  year's  men.  The  Provost-Marshal  is  confident  that 
this  system  of  recruiting  in  the  Rebel  States  has  saved,  in 
the  cost  of  recruits  alone,  nearly  $500,000. 

In  March  last  a  circular  was  addressed  to  each  individual 
that  had  asked  for  a  representative  recruit,  suggesting  that 
the  balance  of  $25,  above  mentioned,  might,  with  his  con- 
sent, be  well  applied  to  the  fund  for  the  aid  of  our  wounded 
and  disabled  soldiers ;  which  fund,  till  then  derived  from' 
private  charity,  and  disbursed  through  the  Surgeon-General's 
Bureau,  and  the  State  Military  Relief  Agencies  in  connection 
therewith,  was  then  very  low.  Responses  to  the  circular 
were  immediate,  and  of  a  most  gratifying  character,  many 
enclosing  additional  contributions,  varying  in  amount  from 
$10  to  $50.  Through  the  means  above  indicated,  this 
charity-fund  has  been  enriched  by  an  aggregate  contribution 
of  $10,690,  to  the  donors  of  which  I  return  my  hearty  thanks, 
in  behalf  of  the  brave  men  to  whose  aid  it  is  dedicated. 

Bounties. 

The  payment  of  bounties  to  volunteers  in  the  Army  and 
Navy,  has,  under  the  organization  it  was  found  important  to 
adopt,  continued  under  the  supervision  of  Brig.-Gen.  J.  F.  B. 
Marshall,  as  Paymaster-General.  His  administration  of  his 
bureau  has  been  such  in  all  respects  as  to  abridge  my  own 
care  to  its  minimum.  Responsible  myself  for  its  conduct,  I 
could,  practically,  only  place  it  in  the  best  hands, — decide 
new  questions, — establish  the  precedents,  and  leave  the  mas- 
tery of  details  to  its  own  chief.  And  I  cheerfully  record  my 
profound  obligation  to  both  Brig.-Gen.  Marshall  and  his 
able  assistant,  Lieut.-Col.  Braman,  for  the  ability  and  integ- 
rity which  have  signalized  its  whole  conduct  under  their 
management. 

I  lay  before  the  General  Court  for  its  information,  the 
report  of  the  Paymaster-General,  brought  down  to  the  31st 
day  of  December,  of  the  transactions  of  the  bureau  for 
the  year  1865 ;  with  a  table  showing  the  whole  amount 
of  military  bounties  paid  by  the  Commonwealth  from  the 
beginning  of  the  rebellion  to  that  day,  being  in  the  aggregate 
$12,803,600.60. 

The  report  is  accompanied  by  a  careful  and  elaborate 
classification  of  details  of  payments  and  of  estimates,  cover- 
ing the  whole  work  of  the  year,  and  relating  to  that  yet 
remaining  to  be  done. 


SPECIxiL  MESSAGES.  389 

Constabulary  of  the  Commonwealth. 

I  have  also  the  honor  to  communicate  a  copy  of  the  Report 
made  to  me  by  Colonel  William  S.  King,  "  Constable  of  the 
Commonwealth,"  of  the  operations  of  the  Constabulary  under 
his  command.  No  report  to  the  Legislature  is  required  by 
law,  from  this  bureau.  But,  in  view  of  its  recent  origin,  and 
of  the  fact  that  it  was  organized,  and  that  all  its  operations 
have  been  conducted  during  the  period  intervening  since  the 
adjournment  of  the  last  Legislature,  I  deem  it  my  duty  to 
communicate  to  this  Legislature  the  report  made  to  myself. 
I  desire,  also,  to  avail  myself  of  the  opportunity,  to  express 
my  grateful  sense  of  the  public  spirit,  efficiency,  intelligence 
and  administrative  ability,  which  have  distinguished  the 
head  of  the  Constabulary,  and  have  been  shared  by  nearly  all 
his  subordinates.  Colonel  King  accepted  the  appointment  at 
my  solicitation.  He  and  his  associates  have  labored  with 
industry,  courage  and  zeal,  to  perform  their  duties,  in  the 
face  of  many  legal  obstacles,  much  opposition  and  misconcep- 
tion. This  arm  of  the  civil  power  has  established  its  claim  to 
respect ;  and  if  allowed  the  opportunity  will  secure  the  fav- 
orable judgment,  and  confidence  of  all  men  who  desire  the 
public  peace,  and  orderly  administration.  I  should  be 
unfaithful  to  the  people  of  Massachusetts,  if  I  omitted  to 
declare  the  opinion  resulting  from  five  years'  experience  in 
executive  affairs — that  the  maintenance  of  such  a  civil  force, 
directly  responsible  to  the  chief  executive  magistrate,  is  of 
high  importance,  and  will  yet  prove  essential  to  the  Common- 
wealth. This  opinion  has  no  especial  connection  with  any 
class  of  Legislative  enactments.  All  the  laws  may  be  altered 
or  repealed,  the  infractions  of  which  led  to  this  establishment ; 
yet,  still,  it  would  be  needful, — unless  it  is  deemed  best  to 
leave  the  chief  magistrate  without  power  to  execute  the 
laws. 

Material  support  of  the  Union  by  Massachusetts. 

The  number  of  men  which,  according  to  the  computation 
of  the  War  Department,  the  Government  of  the  United 
States  has  called  upon  Massachusetts  to  furnish  to  the 
military  service,  during  the  rebellion,  is  117,624.  The 
requisitions  thus  assumed  to  have  been  made,  (although,  as 
stated  in  my  Anmial  Address  of  1861,  those  of  1861  were 
pro  formd  only,  and  were  never  made  in  fact,  and  though  I 
was,  during  that  period,  urging  upon  the  acceptance  of  the 
General  Government  troops  beyond  the  number  it  was  then 
willing  to  receive,)  are  reckoned  as  follows : 


390  SPECIAL  MESSAGES. 

Call  0^  IS61,  pro  forma, 34,868 

Cull  of  July  2,  18G2, 19,080 

Call  of   August,   1862,    19,080    militia   foi-   nine    months, 

reduced  to  three  years'  standard,         ....  4,770 

Call  of  February  1,  1864,  for  500,000,      ....  26,597 

Call  of  March  14,  1864,  for  200,000,         ....  10,639 

Callof  July  18,  1864,  for  500,000, 21,670 


117,624 


The  number  actually  furnished  by  Massachusetts  to  the 
army  and  navy,  up  to  the  present  time  (reckoning  the  nine 
months  men  at  only  one-fourth  of  their  actual  number,  and 
thus  reducing  16,685  of  this  denomination  to  the  value  of 
4,171  three  years  volunteers ;  and  reducing  the  number 
enlisted  into  the  navy  to  the  same  term  of  three  years,)  was 
131,116  ;  making- a  surplus  over  all  calls,  of  thirteen  thousand 
four  hundred  and  ninety-two  (13,492.) 

The  number  of  men  credited  to  Massachusetts  up  to 
October  17,  1863,  reckoned  as  individuals  was  75,608  ;  but, 
reduced  to  the  standard  of  three  years  enlistments,  was 
58,895.  I  have  before  recited  the  details  of  these  to  the 
General  Court,  and  an  abstract  of  them  is  included  in  an 
Appendix  to  this  Address.  In  the  same  Appendix  is  con- 
tained a  detailed  statement  of  the  number  of  men  (72,221,) 
since  then  credited  to  Massachusetts. 

It  will  be  seen  from  that  statement  that  this  Common- 
wealth contributed  to  the  army  alone,  during  the  year  1864, 
nine  new  regiments,  one  battalion,  tliree  batteries  and  eight 
companies,  amounting  to  10,900  men ;  besides  recruits, 
re-enlisted  men,  veteran-reserves,  men  enlisted  in  the  regular 
army,  conscripts  and  substitutes,  amounting  to  34,546  more ; 
or  45,446  in  all. 

In  addition,  Massachusetts  furnished  during  the  year  1864, 
1,209  men  for  ninety  days',  and  5,461  men  for  one  hundred 
days'  military  service,  wliose  enlistment  did  not  diminish  the 
draft  on  the  Commonwealth,  and  all  reference  to  whom  is 
omitted  by  the  Secretary  of  War,  while  especially  commend- 
ing Western  States  for  their  contribution  of  one  hundred 
days  men. 

The  foregoing  statement  of  131,116  men  credited  to  Massa- 
chusetts, is  far  from  giving  our  whole  number  of  soldiers. 
Besides  the  omission  of  those  who  volunteered  for  three 
months,  and  for  ninety  or  one  hundred  days,  there  has  been 
a  reduction  made  of  nine  months  men  to  three  years  men ; 
and  a  reduction  of  seamen  who  enlisted  for  one  or  two  years, 
to  the  equivalent  of  three  years'  service.     The  actual  number 


SPECIAL  MESSAGES.  391 

of  men  furnished  by  the  Commonwealth  for  all  arms  and  for 
all  terms,  and  including  seamen  and  marines,  is  159,165. 

The  proportional  contribution  of  Massachusetts  to  the  war 
will  appear  in  a  still  stronger  light  when  compared  with  the 
number  enrolled  in  the  militia  of  the  State  for  the  year  1865, 
which  is  148,555  men. 

By  this  statement — without  allowing  for  the  number  of 
re-enlistments,  which  it  is  impossible  exactly  to  reckon — it 
appears  that  Massachusetts  has  sent  10,610  more  men  into 
the  service  than  are  now  to  be  found  in  the  State  between 
the  ages  of  eighteen  and  forty-five. 

The  whole  number  of  men  called  for  from  Massachusetts, 
reduced  to  the  three  years'  standard,  is  117,624.  The  whole 
number  of  men  furnished  for  all  arms  of  the  service,  and  for 
all  terms  of  service,  was  159,165 ;  (reduced  to  the  three 
years'  standard,)  131,116.  Deducting  the  total  number 
called  for,  there  is  a  surplus  over  all  calls  of  13,492.  The 
whole  number  of  colored  troops  was  6,039,  and  of  foreign 
recruits,  907.  Of  the  foregoing  total  number  of  men  fur- 
nished for  active  service,  26,329  were  in  tlie  navy  for  different 
periods  of  service. 

One  Hundred  Days  Men. 

It  is  also  a  duty  I  owe  to  the  truth  of  history,  to  place  on 
record,  as  I  now  do,  by  this  formal  communication,  the  fact 
that  Massachusetts  in  the  year  1864,  furnished  6,670  volun- 
teers, being  1,209  for  ninety  days',  and  5,461  for  one  hundred 
days'  service,  for  which  she  was  not  subject  to  draft.  This 
she  did,  in  order  to  strengthen  the  Army  of  the  Potomac, 
during  that  great  campaign  of  the  Spring  of  1864 — on  which 
for  many  anxious  days  Fate  itself  seemed  to  depend.  And 
again,  at  a  crisis  of  great  danger  in  the  Summer  of  1864, 
while  a  powerful  detachment  of  the  rebel  army  menaced 
Washington  and  held  the  valley  of  the  Shenandoah.  She 
helped  then  relieve  the  garrisons  of  Washington  of  their 
veteran  troops  by  sending  five  regiments  of  one  hundred 
days  volunteers — raising  the  average  of  a  regiment  for  every 
five  days,  until  the  number  was  complete. 

I  beg,  therefore,  to  lay  before  the  (Jeneral  Court,  the 
accompanying  special  report  made  to  me  on  this  subject  by 
Adjutant-General  Schouler,  and  to  invoke  attention  to  its 
particulars,  important  to  be  preserved  in  the  history  of  our 
relations  to  the  National  service  in  the  War  of  Rebellion.  I 
desire,  also,  especially  to  commend  the  constant  fidelity  of 
this  most  intelligent  and  experienced  officer,  of  which  this 
report  is  only  one  example  of  unnumbered  illustrations. 


392  SPECIAL  MESSAGES. 

War  Expenses. 

The  total  expenditure  incurred  by  Massachusetts,  on 
account  of  the  war,  amounts  to  twenty-seven  million  seven 
hundred  and  five  thousand  one  hundred  and  nine  dollars. 
This  sum  includes  only  such  expenses  as  have  accrued  under 
the  direction  and  supervision  of  the  several  State  depart- 
ments, as  authorized  by  legislative  enactments.  As  far  as 
ascertained,  the  expenses  incurred  by  cities  and  towns  for 
bounties  and  other  military  purposes,  amount  to  nearly  an 
equal  sum. 

Of  the  total  expenditure  incurred  by  the  Commonwealth 
there  has  been  advanced  for  the  payment  of  bounties,  in 
accordance  with  the  provisions  of  chapters  91  and  254  of  the 
Acts  of  1863,110,000,000 ;  for  the  pay  of  soldiers  who  elected 
to  receive  a  bounty  of  |50  down,  and  $20  per  month  extra, 
while  in  the  service  of  the  United  States,  $2,943,201 ;  for  pay 
and  expenses  of  enlisting  agents,  including  expenses  of 
recruitment,  $131,892  ;  for  extra  sessions  of  the  Legislature 
in  18G1  and  1863,  $22,276 ;  for  mihtary  expenses  of  the 
Executive  Department,  $36,920 ;  departments  of  the  Quar- 
termaster-General and  Master  of  Ordnance,  $42,672 ;  Sur- 
geon-General's department,  $34,520;  Paymaster's  department, 
$24,825 ;  Adjutant-General's  department,  $57,443 ;  extra 
expenses  of  other  departments  for  war  purposes,  $125,654 ; 
for  the  relief  of  sick  and  disabled  soldiers,  $82,316  ;  for  the 
re-imbursement  of  aid  furnished  to  the  families  of  volunteers, 
$8,600,055 ;  for  coast  defences,  $502,709 ;  and  interest  on 
war  loans,  including  premium  on  gold,  $1,558,215. 

In  the  aggregate  amount  of  expenses,  as  before  stated,  is 
included  the  sum  of  $3,545,022,  which  is  charged  to  the 
United  States  government  for  reimbursement  under  the  laws 
of  Congress  enacted  for  that  purpose.  Of  this  claim,  we  have 
already  received  in  reimbursement,  $1,934,314;  and  a  further 
allowance  of  $621,435  is  subject  to  our  draft.  The  balance 
of  $989,272  yet  remains  to  be  adjusted.  Of  the  whole 
amount,  $1,738,925  was  expended  for  arms  and  equipments ; 
$107,415  for  transportation ;  $105,125  for  subsistence ; 
$1,077,459  for  clothing;  $89,803  for  pay  of  troops,  &c. ; 
$54,998  for  medical  and  hospital  supplies ;  and  $269,803  for 
miscellaneous  purposes. 

Of  the  $502,709  paid  and  payable  on  account  of  coast 
defences,  the  sum  of  $371,760  was  incurred  by  the  Execu- 
tive department,  under  authority  of  chapter  118  of  the  Acts 
of  1863,  viz. :  for  the  purchase  of  guns,  including  transpor- 
tation, mounting  and  incidental  expenses,  $344,171 ;  for  the 
laying  of  a  land  and  sub-marine  telegraph  to  Fort  Warren, 


SPECIAL  MESSAGES.  393 

$9,700  ;  on  account  of  harbor  obstructions,  $2,589  ;  for  the 
purchase  of  land  for  the  Cambridge  Arsenal,  '$4,979  ;  for 
machinery  and  tools,  $10,320.  The  residue,  amounting  to 
$130,949,  was  appropriated  by  the  Legislature  as  follows : 
for  the  preservation  of  Provincetown  Harbor,  $100,000  ;  and 
for  Plymouth  Harbor,  $5,000  ;  and  for  repair  of  fortifications 
at  New  Bedford,  Salem,  Marblehead  and  Gloucester,  $25,949. 

Bounty  Fund  Loan. 

The  ten  million  Bounty  Fund  Loan  was  authorized  by  an 
Act  passed  on  the  14th  day  of  May,  1864.  The  policy  of  the 
Executive  department  as  regards  its  financial  operations,  has 
been,  not  to  force  our  bonds  upon  the  market  and  thereby 
diminish  their  value,  but  to  dispose  of  them  in  such  a  man- 
ner as  would  realize  to  the  State  the  most  money.  Conse- 
quently the  State  has  had  a  large  floating  debt,  bearing  five, 
six  or  seven  three-tenths  per  cent,  interest  (according  to  date 
of  deposit,)  for  some  three  years  past ;  and  by  adapting  the 
rates  of  interest  to  the  needs  of  the  State,  no  serious  diffi- 
culty has  disturbed  its  financial  operations.  Since  the 
Legislature  at  its  last  session  increased  the  legal  i^ate  of 
interest — none  whatever.  During  the  past  two  years,  the 
State  has  sold  eight  million  six  hundred  thousand  dollars 
($8,600,000)  of  its  five  per  cent,  gold-bearing  hiterest  bounty 
fund  scrip — in  dollar  and  in  sterling  bonds,  at  an  average 
rate  of  103  per  cent. ;  while  at  the  same  time  United  States 
ten-forties,  bearing  the  same  interest,  have  sold  at  an  average 
not  exceeding  ninety-four  per  cent. — these  bonds  being,  like 
all  United  States  bonds,  free  from  taxation.  The  City  of 
Boston  five  per  cent,  bonds,  which,  in  1864,  sold  at  five  per 
cent,  above  the  State  bonds,  are  now  selling  at  a  less  price 
than  we  obtained  for  our  last  sterling  bonds — thus  showing 
the  policy  of  the  Executive  department  in  its  financial  opera- 
tions, to  have  been  judicious  and  successful.  While  it  has 
not  been  found  necessary  to  dispose  of  any  of  the  six  per 
cent,  dollar  gold  interest-bearing  bonds,  authorized  by  the 
last  Legislature — yet  the  Act  proved  valuable  as  a  lever  or 
means,  to  facilitate  the  sale  of  the  five  per  cent,  sterlings. 
The  treasurer  having  advertised  the  sale  of  the  six  per  cents., 
the  bankers  who  were  anxious  to  purchase  the  five  per  cent, 
sterling  bonds,  came  forward  and  met  the  views  of  the  Execu- 
tive department  as  to  their  price  before  the  bids  were  opened, 
and  consequently  nothing  was  awarded  to  the  bidders  for  the 
six  per  cents. 

The  Governor  and  Council  had  these  duties:  1st.  To 
provide  for  the  wants  of  the  Treasury,  so  that  its  obligations 

57 


394  SPECIAL  MESSAGES. 

should  be  promptly  met.  2d,  To  prevent  all  depreciation 
of  the  credit  of  the  Commonwealth,  and  to  that  end  to  main- 
tain the  price  of  her  securities.  3d.  To  procure  money  at 
the  least  expense.  4th.  To  fund  the  floating  debt,  neces- 
sarily created  in  time  of  war.  In  their  opinion  all  these  ends 
have  been  accomplished. 

The  balance  of  temporary  loan  due  to  the  banks,  January 
1st,  1865,  was  three  millions  one  hundred  and  sixty-five 
thousand  live  hundred  dollars,  (f  3,165,500,)  of  which  there 
■was  paid  during  the  year,  three  millions  one  hundred  and 
thirty-five  thousand  five  hundred  dollars,  ($3,135,500,)  leaving 
due,  January  1,  1866,  thirty  thousand  dollars,  ($30,000.) 

There  was  due  January  1,  1865,  to  various  lenders,  at  the 
rate  of  six  per  cent,  interest,  an  unfunded  loan,  of  three 
millions  nine  hundred  and  forty-one  thousand  seven  hundred 
and  nineteen  dollars  and  forty-six  cents,  ($3,941,719.46,)  to 
which  sum  has  been  added  during  the  year,  an  aggregate  of 
four  millions  two  hundred  and  eighteen  thousand  four  hun- 
dred and  ninety-one  dollars  and  five  cents,  ($4,218,491.05.) 
But  the  total  of  these  two  amounts  has  been  reduced  by  pay- 
ments during  the  year,  of  six  millions  three  hundred  and 
twenty-six  thousand  eight  hundred  and  twenty  dollars  and 
seventy-eight  cents,  ($6,326,820.78,)  leaving  a  net  balance  of 
unfunded  six  per  cent,  loans  on  January  1,  1866,  of  one  mil- 
lion eight  hundred  and  thirty-three  thousand  three  hundred 
and  eight3'--nine  dollars  and  seventy-three  cents,  ($1,833,- 
389.73.)  Since  the  5th  of  April,  1865,  there  has  been  bor- 
rowed at  the  rate  of  7  3-10  per  cent,  interest,  sums  amounting 
in  the  aggregate  to  four  millions  seven  hundred  and  twenty- 
six  thousand  five  hundred  and  eighty-two  dollars  and  eighty- 
six  cents,  ($1,726,582.86,)  which  amount  has  been  reduced 
by  payments  equal  in  all  to  two  millions  five  hundred  and 
ninety-eight  thousand  five  hundred  and  thirty-four  dollars 
and  eighty-one  cents,  ($2,598,534.81,)  leaving  due  January 
1,  1866,  a  balance  of  unfunded  7  3-10  loan  of  two  millions 
one  hundred  and  twenty-eight  thousand  forty-eight  dollars 
and  five  cents,  ($2,128,048.05.) 

The  aggregate  indebtedness  therefore,  on  account  of  what 
is  called  the  temporary  or  unfunded  loan,  on  the  1st  day  of 
January,  1866,  at  rates  of  interest  in  no  case  exceeding  7  3-10, 
payable  in  currency,  was  three  millions  nine  hundred  and 
ninety-one  thousand  four  hundred  and  thirty-seven  dollars 
and  seventy-eight  cents,  ($3,991,437.78.)  To  meet  this 
indebtedness,  there  was  cash  on  hand  in  the  treasury  on  that 
day,  nine  hundred  and  fifty-nine  thousand  three  hundred 
and  sixty-two  dollars  and  seventy-seven  cents,  ($959,362.77,) 


SPECIAL  MESSAGES.  395 

which  would  leave  an  apimrcut  net  balance  against  the  treas- 
ury of  three  millions  thirty-two  thousand  seven  ty-iive  dollars 
and  one  cent,  (83,032,075.01.)  But  there  has  been  standing- 
credited  to  Massachusetts  for  some  three  months  past,  in  the 
Treasury  of  the  United  States,  the  sum  of  six  hundred  and 
twenty-one  thousand  four  hundred  and  thirty-five  dollars 
and  fifty-three  cents,  (^621,435.53,)  on  accoiuit  of  her  war 
claims,  the  payment  of  which  has  been  withheld  only  as  a 
matter  of  convenience  to  the  Secretary  of  War,  while  the 
payment  of  the  army  was  in  progress.  This  sum  may  be 
received  any  day,  and  will  not  be  much  longer  delayed.  For 
practical  purposes  in  reference  to  our  indebtedness,  it  is 
properly  treated  as  cash  in  bank.  Deducting  this  sum  from 
•  the  balance  last  stated,  leaves  an  actual  net  balance  against 
the  treasury  of  two  millions  four  hundred  and  ten  thousand 
six  hundred  and  thirty-nine  dollars  and  forty-eight  cents, 
($2,410,639.48.)  There  have,  however,  been  sold  of  the  five 
per  cent,  gold  sterling  bonds  belonging  to  the  bounty  fund, 
bonds  to  the  amount  of  one  million  five  hundred  thousand 
dollars,  (81,500,000,)  the  proceeds  payable  to  the  Treasurer 
on  the  first  day  of  February,  1866,  and  bonds  to  the  amount  of 
five  hundred  thousand  dollars,  (8500,000,)  the  proceeds  pay- 
able on  or  before  the  first  day  of  July,  1866.  This  disposition 
of  sterling  bonds  reduces  the  floating  debt  to  the  apparent  sum 
of  four  hundred  and  ten  thousand  six  hundred  and  thirty-nine 
dollars  and  forty-eight  cents,  (8410,639.48.)  But  against  the 
balance  of  our  floating  debt  there  stands  the  unliquidated 
balance  of  our  war  claim  against  the  United  States,  for  expendi- 
tures made  on  its  account  during  the  rebellion.  This  balance 
is  nine  hundred  and  eighty-seven  thousand  one  hundred  and 
seven  dollars  and  eighty-nine  cents,  (8987,107.89.)  Of  that 
sum,  from  what  we  know  of  the  intrinsic  validity  of  its  items, 
and  the  mainly  formal  and  technical  character  of  the  excep- 
tions on  which  it  is  suspended,  nearly  all  must  inevitably  be 
allowed.  Nor  (considering  the  absorption  of  the  army  into 
civil  employments,  and  the  reduction  of  all  the  military 
expenditures  of  the  United  States  to  nearly  the  basis  of  peace 
expenditure,)  can  it  be  reasonably  doubtful  that  the  amount 
justly  due  to  Massachusetts  will  be -allowed  and  paid  during 
our  current  political  year. 

There  is,  however,  still  another  claim  of  half  a  million  of 
dollars,  (including  the  expenditure  made  under  order  of  the 
General  Court,)  for  coast  and  harbor  defence.  This  claim  is 
not  included  within  the  terms  of  the  Act  under  which  our 
accounts  are  now  presented  against  the  United  States.  But, 
it  comes  within  the  equity  of  a  proper  claim  against  the 


396  SPECIAL  MESSAGES. 

Federal  Government.  We  acted  originally,  moved  by  the 
President  himself,  speaking  through  the  Secretary  of  State, 
to  the  governors  of  the  loyal  seaboard  States.  Every  step 
was  taken  on  careful  advice  with  the  heads  of  both  the 
departments  of  War  and  the  Navy,  the  chief  of  the  Bureau 
of  United  States  Military  Engineers,  and  the  chiefs  of  the 
bureaus  of  ordnance  of  botli  the  Army  and  Navy.  And 
although  the  measures  of  defence  which  we  organized,  were 
for  tlie  immediate  protection  of  the  coast  of  Massachusetts, 
yet,  Massachusetts  is  a  part  of  the  Union,  and  the  military 
defence  of  Massachusetts  is  the  duty  of  the  Union.  She 
contributed  her  money,  and  the  blood  of  her  sons  shed  on  a 
thousand  fields,  from  the  Potomac  to  the  Rio  Grande,  on  the 
Atlantic  Ocean  and  on  the  rivers  of  the  interior,  for  the 
common  defence  of  tlie  Union,  and  the  especial  defence  of 
many  States.  Her  sources  of  taxation  are  monopolized  by 
the  Federal  Government  without  her  complaint.  And  now 
that  military  operations  are  suspended,  and  having  on  her 
own  part  done  everything  without  questioning  and  without 
hesitation,  whether  required  by  law  or  suggested  by  the 
President  or  by  eitlier  of  his  heads  of  department,  she  fairly 
asks  the  equitable  recognition  alike  of  her  services  and  her 
disbursements. 

Salaries  of  the   Supreme  Judicial  Court. 

The  mode  in  which  the  salaries  of  tlie  Justices  of  the  Su- 
preme Judicial  Court  are  paid  is  not  in  accordance  with  the 
provisions  of  the  Constitution  of  the  Commonwealth.  Those 
payments  have  been  made,  during  the  past  four  years,  in  a 
currency  varying  in  value,  between  eighty  and  less  than 
forty  per  cent,  of  the  specie  standard. 

To  say  that  a  statute  of  the  United  States  has  enacted 
that  this  currency  shall  be  a  legal  tender  for  private  debts, 
and  for  some  classes  of  public  dues,  is  hardly  a  technical 
answer  to  the  ol)jection,  and  gives  little  aid  in  ascertaining 
the  purpose  and  construction  of  our  own  Constitution.  The 
Commonwealth  has  not  thought  it  consistent  with  justice  and 
good  faith  to  public  creditors,  to  avail  herself  of  that  statute 
in  the  discharge  of  obligations  contracted  before  its  passage. 
The  mode  of  compensation  adopted  for  paying  other  oflicers, 
except  the  Governor,  as  it  depends  upon  the  pleasure  of 
the  Legislature,  and  is  not  governed  by  any  constitutional 
requirement,  does  not  affect  the  question. 

The  Constitution  provides  for  the  salaries  of  the  Justices 
of  the  Supreme  Judicial  Court  in  two  parts  of  the  instru- 


SPECIAL  MESSAGES.  397 

ment.  The  first  is  in  the  29th  article  of  the  Bill  of  Rights, 
and  the  second  in  chapter  II.,  section  I.,  article  13.  In  the 
latter,  following  the  declaration  that  the  Governor  "  should 
have  an  honorable  stated  salary,  of  a  fixed  and  perma- 
nent value,  amply  sufficient "  for  the  purposes  of  his 
office,  "  and  established  by  standing  laws,"  it  is  concisely 
added  that  "  permanent  and  honorable  salaries  shall  also  be 
established  by  law  for  the  Justices  of  the  Supreme  Judicial 
Court." 

The  intention  of  this  provision,  as  it  was  understood  at  the 
time  of  its  adoption,  may  be  clearly  seen  in  an  Act  passed 
by  the  first  legislature  assembled  under  the  Constitution,  on 
the  12th  of  February,  1781,  entitled  "An  Act  for  establish- 
ing salaries  of  a  fixed  and  permanent  value,  for  the  Justices 
of  the  Supreme  Judicial  Court."  The  preamble  to  this  Act 
is  as  follows : — "  Whereas,  the  Constitution  of  this  Common- 
wealth provides  that  an  establishment  should  be  made  for  an 
honorable  stated  salary,  of  a  fixed  and  permanent  value,  for 
the  Justices  of  the  Supreme  Judicial  Court."  The  Act 
then  fixes  the  salaries,  and  contains  this  additional  clause : 
"  That  the  sums  mentioned  in  this  act  be  computed  in 
silver,  at  six  shillings  and  eight  pence  per  ounce,  and 
jDayable  either  in  silver  or  bills  of  public  credit  equivalent 
thereto." ' 

This  was  at  a  time  when  a  paper  currency  was  in  use,  not 
equal  in  value  to  specie,  consisting  of  bills  of  public  credit. 
When  the  Constitution  of  the  Ujiited  States  prohibited  the 
States  from  emitting  bills  of  credit,  and  from  making  any- 
thing but  gold  and  silver  a  legal  tender  for  the  payment  of 
debts,  the  specie  clause  became  inoperative,  and  has  since 
been  omitted  ;  but  its  significance,  as  showing  the  contempo- 
raneous construction  of  the  Constitution  of  Massachusetts, 
remains  unchanged. 

I  cannot  think  the  payment  of  the  annual  salary  of  a 
Justice  of  the  Supreme  Judicial  Court,  which  was  four 
thousand  dollars  in  specie  when  he  accepted  the  office,  in  a 
currency  which  at  one  time  has  been  worth  only  fifteen 
hundred  dollars  in  specie,  a  compliance  with  the  spirit  of 
the  constitutional  requirement  that  a  "  permanent "  salary, 
or  a  salary  "  of  fixed  and  permanent  value "  should  be 
established  for  that  office. 

Were  it  not  that  perhaps  I  have  not  fulfilled  my  own  duty, 
there  are  personal  reasons  why  I  should  refrain  from  alluding 
to  this  subject.  On  mature  reflection,  I  am  of  opinion  that 
the  Executive  department  ought  to  have  seen  to  it,  that  the 
contract  made  with  the  Justices  was  fulfilled  accordino-  to 


398  SPECIAL  MESSAGES. 

the  provision  of  the  Constitution.  But,  in  fact,  during  the 
war,  there  were  considerations  which  tended  to  modify  prac- 
tically the  strength  of  my  own  impressions.  I  did  not  ^\dsh 
needlessly  to  do  anything  which  might  help  to  increase  the 
public  feeling  in  view  of  the  financial  situation,  nor  to  inten- 
sifj^  the  comparison  between  gold,  Avhich  had  disappeared 
from  circulation,  and  the  paper  currency  which  was  the 
money  of  the  people. 

I  can  well  understand  how  a  delicate  sense  of  the  dignity  of 
the  tribunal  of  which  they  are  members,  of  the  higher  claims 
of  patriotism,  and  a  sincere  confidence  in  the  Commonwealth, 
ultimately  to  do  whatever  her  own  honor  requires,  liave  com- 
bined to  control  the  Justices. 

Having  accepted  an  appointment  for  life,  it  would  hardly 
have  been  consistent  with  duty  to  abandon  the  bench,  in  a 
period  of  great  public  danger  and  solicitude,  on  a  question 
of  personal  compensation.  Therefore  they  had  only  to  re- 
ceive the  unequal  and  changing  values  paid  out  to  them  for 
their  salaries,  and  to  wait. 

In  respect  to  the  Governor,  it  was  otherwise.  He  accepted 
aiHiual  re-elections — all  of  them  after  paper  money  had  been 
made  lawful  tender ;  and  thereby,  in  equity,  he  adopted  that 
currency,  in  advance.  My  observations,  therefore,  cannot 
include  him  in  their  meaning  and  effect,  as  they  certainly  are 
not  intended  to  include  him  in  their  terms. 

The  people  of  this  Commonwealth  have  just  cause  for 
pride  in  the  character  and  fame  of  her  Judiciary.  But, 
unless  Massachusetts  shall  maintain  her  Judges  with  a  re- 
spectability relatively  equal,  at  least,  to  the  provision  always 
made  for  tliem  in  time  past,  she  will  find  to  her  surprise  that 
her  highest  tribunal,  hitherto,  and  now,  illuminated  by  some 
of  the  wisest  and  best  of  her  sons,  will  have  reached  its 
decadence. 

Governor's   Secretaries. 

There  is  a  single  recommendation  which,  before  closing 
this  special  message,  I  venture  to  make.  I  do  it  for  the 
benefit  of  all  my  successors, — in  the  public  interest.  In  the 
correspondence  and  other  work  peculiar  to  my  own  depart- 
ment, I  have  enjoyed  the  assistance  of  accomplished  officers, 
whether  as  military  or  private  Secretaries,  to  whom  I  confess 
my  great  indebtedness.  I  have  been  indulged  by  the  Legis- 
lature throughout  the  war  in  securing  the  aid  I  needed,  and 
adapted  as  occasion  required  it,  in  my  own  way,  to  the 
demands  of  the  current  business  of  the  office.  And  ray 
experience  proves  that  there  ought  always  to  be  one  person 


SPECIAL  MESSAGES.  399 

of  education  and  capacity,  and  of  trusty  discretion,  paid  at 
least  as  ■well  as  any  clerical  officer  at  the  State  House — as 
private  Secretary  of  the  Governor.  Besides,  the  Governor 
needs  to  be  enabled  to  employ  such  other  clerical  help,  and 
at  such  reasonable  expense,  as  he  may  find  needful  to  main- 
tain the  complete  efficiency  of  the  department. 


[To  the  House  of  Representatives,  January  5.] 

I  am  obliged  to  call  the  attention  of  the  General  Court,  to 
a  claim  in  behalf  of  the  Charitij  Fund,  for  the  benefit  of 
disabled  soldiers  and  their  families  which  was  alluded  to  in 
the  report  of  Colonel  Day,  annexed  to  Senate  Document,  No. 
1,  of  this  year.  It  is  for  the  interest  therein,  also  alluded  to. 
Hon.  Henry  K.  Oliver,  who  is  the  Treasurer  of  the  Common- 
wealth, was  made  custodian  of  the  fund  for  recruitment  in 
the  rebel  States,  in  the  manner  stated  by  him  in  his  commu- 
nication to  the  Speaker  of  the  House,  dated  Feljruary  6th, 
1865,  [House  Document,  No.  51,]  and  in  General  Order, 
No.  27,  of  the  series  of  1864,  therein  alluded  to,  both  of 
which  are  hereto  annexed.  In  appointing  the  Treasurer 
custodian  of  this  fund,  instead  of  some  other  person,  1 
thought  to  avoid  all  appearance  of  giving  any  private  person, 
or  officer  of  mine,  any  possible  incidental  advantage,  from 
the  handling  of  a  large  aggregate  amount  of  money ;  and 
also  to  confer  the  advantage,  if  any,  upon  the  Common- 
wealth, should  the  custodian  deem  proper  to  borrow  it  of 
the  fund  for  the  Commonwealth,  in  his  capacity  as  Treasurer 
of  the  Commonwealth.  I  understand  that  the  money  was 
thus  used.  It  was,  I  believe,  deposited  on  the  general  account 
of  the  Treasurer,  in  bank,  and  thus  accumulated  the  interest 
which  is  allowed  by  the  banks  on  the  deposits  of  the  State. 
This  money,  however,  was  not  the  money  of  the  Common- 
wealth. And  this  interest  has  been  dedicated  to  the  "  Charity 
Fund.^''  But  the  custodian  not  having  obeyed  my  order  in 
respect  thereto,  and  not  honoring  the  drafts  therefor  of  the 
Provost-Marshal,  having,  as  I  suppose,  some  doubt  about 
separating  the  interest  on  this  fund,  from  the  mass  of  interest 
on  the  moneys  deposited  in  the  bank  by  him  as  Treasurer ;  I 
assume  that  it  remains  practically  with  the  Commonwealth. 
I  do  not  suppose  that  he  retains  it  in  his  own  hands,  or  other- 
wise, than  as  Treasurer.  I  take  this  method,  therefore,  of 
claiming  the  same  for  the  "  Charity  Fund  "  at  the  hands  of 
the  Commonwealth.  And  I  ask  that  a  Resolve  may  be 
passed  directing  it  to  be  paid  out  of  the  Treasury',  as  according 
to  equity  and  good  conscience  ought  to  be  done. 


400  VALEDICTORY  ADDRESS. 

For  further  elucidation,  I  beg  to  refer  to  the  careful  report 
made  to  me  on  this  subject,  by  David  H.  Mason,  Esq.,  a 
member  of  the  Board  of  Recruitment,  who  was  constantly 
familiar  with  all  its  operations,  and  who  faithfully  devoted 
himself,  and  freely  gave  his  professional  ability  to  the  promo- 
tion of  its  work.  I  refer  also  to  the  annexed  correspondence, 
the  Governor's  order  of  December  30th,  and  Colonel  Day's 
report  thereon. 


YALEDIOTORY     ADDRESS. 

[delivered    fifth    JANUARY.] 


Gentlemen  of  the  Senate  and  the  House  of  Representatives : 

The  people  of  Massachusetts  have  vindicated  alike  their 
intelligence,  their  patriotism,  their  will,  and  their  power  ; 
both  in  the  cultivation  of  the  arts  of  Peace,  and  in  the  prose- 
cution of  just  and  unavoidable  War.  At  the  end  of  five 
years  of  Executive  administration,  I  appear  before  a  Conven- 
tion of  the  two  Houses  of  her  General  Court,  in  the  execution 
of  a  final  duty. 

For  nearly  all  that  period,  the  Commonwealth,  as  a  loyal 
State  of  the  American  Union,  has  been  occupied,  within  her 
sphere  of  co-operation,  in  helping  to  maintain,  by  arms,  the 
power  of  the  nation,  the  liberties  of  the  people,  and  the  rights 
of  human  nature. 

Having  contributed  to  the  Army  and  the  Navy — including 
regulars,  volunteers,  seamen  and  marines,  men  of  all  arms 
and  officers  of  all  grades,  and  of  the  various  terms  of  ser- 
vice,— an  aggregate  of  one  hundred  and  fifty-nine  thousand 
one  hundred  and  sixty-five  men ;  and  having  expended  for 
the  war,  out  of  her  own  Treasury,  twenty-seven  million  seven 
hundred  and  five  thousand  one  hundred  and  nine  dollars, — 
besides  the  expenditures  of  her  cities  and  towns,  she  has 
maintained,  by  the  imfailing  energy  and  economy  of  her  sons 
and  daughters,  her  industy  and  thrift,  even  in  the  waste  of 
war.  She  has  paid  promptly,  and  in  gold,  all  interest  on 
her  bonds, — including  the  old  and  the  new, — guarding  her 
faith  and  honor  with  every  public  creditor,  while  still  fighting 
the  public  enemy;  and  now,  at  last,  in  retiring  from  her 
service,  I  confess  the  satisfaction  of  having  first  seen  all  of  her 
regiments  and  batteries,  (save  two  battalions,)  returned  and 
mustered  out  of  the  Army  ;   and  of  leaving  her  treasury 


VALEDICTORY  ADDRESS.  401 

provided  for,  by  the  fortunate  and  profitable  negotiation  of 
all  the  permanent  loan  needed  or  foreseen — with  her  finan- 
cial credit  maintained  at  home  and  abroad,  her  public 
securities  unsurpassed,  if  even  equalled,  in  value  in  the 
money  market  of  the  world  by  those  of  any  State  or  of  the 
Nation. 

I  have  already  had  the  honor  to  lay  before  the  General 
Court,  by  special  message  to  the  Senate,  a  statement  of  all 
affairs  which  demand  my  own  official  communication.  And, 
it  only  remains  for  me,  to  transfer,  at  the  appropriate  mo- 
ment, the  cares,  tlie  honors,  and  the  responsibilities  of  office, 
to  the  hands  of  that  eminent  and  patriotic  citizen,  on  whose 
public  experience  and  ability  the  Commonwealth  so  justly 
relies. 

But,  perhaps,  before  descending,  for  the  last  time,  from 
this  venerable  seat,  I  may  be  indulged  in  some  allusion  to  the 
broad  field  of  tbought  and  statesmanship,  to  which  the  war 
itself  has  conducted  us.  As  I  leave  the  Temple  where,  hum- 
bled by  my  unworthiness,  I  have  stood  so  long,  like  a  priest 
of  Israel  sprinkling  the  blood  of  the  holy  sacrifice  on  the 
altar — I  would  fain  contemplate  the  solemn  and  manly  duties 
which  remain  to  us  who  survive  the  slain,  in  honor  of  their 
memory  and  in  obedience  to  God. 

The  Nation  liaving  been  ousted  by  armed  Rebellion  of  its 
just  possession,  and  the  exercise  of  its  constitutional  jurisdic- 
tion over  the  territory  of  the  Rebel  States,  has  now  at  last, 
by  the  suppression  of  the  Rebellion,  (accomplished  by  the 
victories  of  the  national  arms  over  those  of  the  Rebels,) 
regained  possession  and  restored  its  own  rightful  sway. 

The  Rebels  had  overthrown  the  loyal  State  Governments. 
They  had  made  war  against  the  Union.  Tbe  government  of 
each  Rebel  State  had  not  only  withdrawn  its  allegiance,  but 
had  given  in  its  adhesion  to  another,  viz.,  The  Confederate 
Government, — a  government,  not  only  injurious  by  its  very 
creation,  but  hostile  to,  and  in  arms  against,  the  Union, 
asserting  and  exercising  belligerent  rights,  both  on  land  and 
sea,  and  seeking  alliances  with  foreign  jiations,  even  demand- 
ing the  armed  intervention  of  neutral  powers. 

The  pretensions  of  this  "  Confederacy  "  were  maintained 
for  some  four  years,  in  one  of  the  most  extensive,  persistent 
and  bloody  wars  of  History.  To  overcome  it  and  maintain 
the  rights  and  the  very  existence  of  the  Union,  our  National 
Government  was  compelled  to  keep  on  foot  one  of  the  most 
stupendous  military  establishments  the  world  has  ever  known. 
And  probably  the  same  amount  of  force,  naval  and  military, 
was  never  organized  and  involved  in  any  national  controversy. 

58 


402  VALEDICTORY  ADDRESS. 

On  both  sides  there  was  war,  with  all  its  incidents,  all  its 
claims,  its  rights  and  its  results. 

The  States  in  rebellion  tried,  under  the  lead  of  their  new 
Confederacy,  to  conquer  the  Union  ;  but  in  the  attempt  they 
were  themselves  conquered. 

They  did  not  revert  by  their  rebellion,  nor  by  our  conquest, 
into  "  Territories."  They  did  not  commit  suicide.  But  they 
rebelled,  they  went  to  war  ;  and  they  were  conquered. 

A  "  territory "  of  the  United  States  is  a  possession,  or 
dependency,  of  the  United  States,  having  none  of  the  distinc- 
tive, constitutional  attributes  of  a  State.  A  territory  might 
be  in  rebellion  ;  but  not  thereby  cease  to  be  a  territory.  It 
would  be  properly  described  as  a  territory  in  rebellion. 
Neither  does  a  State  in  rebellion  cease  to  be  a  State.  It 
would  be  correctly  described,  a  State  in  rebellion.  And  it 
would  be  subject  to  the  proper  consequences  of  rebellion, 
both  direct  and  incidental, — among  which  may  be  that  of  mili- 
tary government,  or  supervision,  by  the  nation,  determinable 
only  by  the  nation,  at  its  own  just  discretion,  in  the  due  exer- 
cise of  the  rights  of  war.  The  power  to  put  an  end  to  its 
life  is  not  an  attribute  of  a  State  of  our  Union.  Nor  can  the 
Union  put  an  end  to  its  own  life,  save  by  an  alteration  of  the 
National  Constitution,  or  by  suffering  such  defeat,  in  war,  as 
to  bring  it  under  the  jurisdiction  of  a  conqueror.  The  nation 
has  a  vested  interest  in  the  life  of  the  individual  State.  The 
States  have  a  vested  interest  in  the  life  of  the  Union.  I  do 
not  perceive,  therefore,  how  a  State  has  the  power  by  its  own 
action  alone,  without  the  co-operation  of  the  Union,  to  destroy 
the  continuity  of  its  corporate  life.  Nor  do  I  perceive  how 
the  National  Union  can  by  its  own  action,  without  the  action 
or  omission  of  the  States,  destroy  the  continuity  of  its  own 
corporate  life.  It  seems  to  me  that  the  stream  of  life  flows 
through  both  State  and  Nation  from  a  double  source ;  which 
is  a  distinguishing  element  of  its  vital  power.  Eccentricity 
of  motion  is  not  death ;  nor  is  abnormal  action  organic 
change. 

The  position  of  the  rebel  States  is  fixed  by  the  Constitu- 
tion, and  by  the  laws,  or  rights,  of  war.  If  they  had  con- 
quered the  Union,  they  might  have  become  independent,  or 
whatever  else  it  might  have  been  stipulated  they  should 
become,  by  the  terms  of  an  ultimate  treaty  of  peace.  But 
being  conquered,  they  failed  in  becoming  independent,  and 
they  failed  in  accomplishing  anything  but  their  own  conquest. 
They  were  still  States, — though  belligerents  conquered.  But 
they  had  lost  their  loyal  organization  as  States,  lost  their 
present  possession  of  their  political  and  representative  power 


VALEDICTORY  ADDRESS.  403 

in  the  Union.  Under  the  Constitution  they  have  no  means 
nor  power  of  their  own  to  regain  it.  But  the  exigency  is 
provided  for  by  that  clause  in  the  Federal  Constitution  in 
which  the  Federal  Government  guarantees  a  republican  form 
of  government  to  every  State.  The  regular  and  formal 
method  would  be,  therefore,  for  the  National  Government  to 
provide  specifically  for  their  re-organization. 

The  right  and  duty,  however,  of  the  General  Government, 
vmder  the  circumstances  of  their  present  case,  is  not  the 
single  one  of  re-organizing  these  disorganized  States.  The 
war  imposed  rights  and  duties,  peculiar  to  itself  and  to 
the  relations  and  the  results  of  War.  The  first  duty  of  the 
Nation  is  to  regain  it  own  poiuer.  It  has  already  made  a 
great  advance  in  the  dh-ection  of  its  power. 

If  ours  were  a  despotic  government,  it  might  even  now  be 
thought  that  it  had  already  accomplished  the  re-establishment 
of  its  power  as  a  government.  But,  ours  being  a  republican 
and  a  popular  government,  it  cannot  be  affirmed,  that  the 
proper  power  of  the  government  is  restored,  until  a  peaceful, 
loyal  and  faitful  state  of  mind  gains  a  sufficient  ascendency 
in  the  rebel  and  belligerent  States,  to  enable  the  Union  and 
loyal  citizens  everywhere  to  repose  alike  on  the  purpose  and 
the  ability  of  their  people,  in  point  of  numbers  and  capacity, 
to  assert,  maintain  and  conduct  State  Governments,  republi- 
can in  form,  loyal  in  sentiment  and  character,  with  safety  to 
themselves  and  to  the  national  whole.  If  the  people,  or  too 
large  a  portion  of  the  people,  of  a  given  rebel  State,  are 
not  willing  and  able  to  do  this,  then  the  state  of  war 
still  exists,  or  at  least,  a  condition  consequent  upon  and 
incidental  thereto  exists,  which  only  the  exercise  on  our  part 
of  belligerent  rights,  or  some  of  their  incidents,  can  meet  or 
can  cure.  The  rights  of  war  must  continue  until  the  objects 
of  the  war  have  been  accomplished,  and  the  nation  recog- 
nizes the  return  of  a  state  of  peace.  It  is  absolutely  neces- 
sary then  for  the  Union  Government  to  prescribe  some 
reasonable  test  of  loyalty  to  the  people  of  the  States  in 
rebellion.  It  is  necessary  to  require  of  them  conformity  to 
those  arrangements  which  the  war  has  rendered,  or  proved 
to  be,  necessary  to  the  public  peace,  and  necessary  as  secu- 
rities for  the  future.  As  the  conquering  party,  the  National 
Government  has  the  right  to  govern  these  belligerent  States 
meanwhile,  at  its  own  wise  and  conscientious  discretion, 
subject:  1st.  To  the  demands  of  natural  justice,  humanity 
and  the  usages  of  civilized  nations.  2d.  To  its  duty  under 
the  Constitution,  to  guarantee  Republican  governments  to 
the  States. 


404  VALEDICTORY  ADDRESS.* 

But,  there  is  no  arbiter,  save  the  people  of  the  United 
States,  between  the  Government  of  the  Union  and  those 
States.  Therefore  the  precise  things  to  be  done,  the  precise 
way  to  do  them,  the  precise  steps  to  be  taken,  their  order, 
progress  and  direction,  are  all  within  the  discretion  of  the 
National  Government,  in  the  exercise,  both  of  its  belligerent, 
and  its  more  strictly  constitutional,  functions, — exercising 
them  according  to  its  own  wise,  prudent  and  just  discretion. 
Its  duty  is  not  only  to  restore  those  States,  but  also  to  make 
sure  of  a  lasting  peace,  of  its  own  ultimate  safety,  and  the 
permanent  establishment  of  the  rights  of  all  its  subjects. 
To  this  end,  I  venture  the  opinion  that  the  Government  of 
the  United  States  ought  to  require  the  people  of  those  States 
to  reform  their  Constitutions, — 

1.  Guaranteeing  to  the  people  of  color,  now  the  wards  of 
the  Nation,  their  civil  rights  as  men  and  women,  on  an 
equality  with  the  white  population,  by  amendments,  irre- 
pealable  in  terms. 

2.  Regulating  the  elective  franchise  according  to  certain 
laws  of  universal  application,  and  not  by  rules  merely  arbi- 
trary, capricious  and  personal. 

3.  Annulling  the  ordinances  of 'Secession. 

4.  Disaffirming  the  Rebel  Debt,  and 

5.  To  ratify  the  anti-slavery  amendment  of  the  United 
States  Constitution  by  their  legislatures. 

And  I  would  have  all  these  questions,  save  the  fifth — the 
disposition  of  which  is  regulated  by  the  Federal  Constitution 
— put  to  the  vote  of  the  People  themselves.  We  should 
neither  be  satisfied  with  the  action  of  the  conventions  which 
have  been  held,  nor  with  what  is  termed  the  "  loyal  vote." 
We  want  the  popular  vote.  And  the  rebel  vote  is  better  than 
the  loyal  vote,  if  on  the  right  side.  If  it  is  not  on  the  right 
side,  then  I  fear  those  States  are  incapable  at  present  of 
re-organization  ;  the  proper  power  of  the  Union  Government 
is  not  restored ;  the  people  of  those  States  are  not  yet  pre- 
pared to  assume  their  original  functions  with  safety  to  the 
Union ;  and  the  state  of  war  still  exists  ;  for  they  are 
contumacious  and  disobedient  to  the  just  demands  of 
the  Union,  disowning  the  just  conditions  precedent  to 
re-organization. 

We  arc  desirous  of  their  re-organization,  and  to  end  the 
use  of  the  war  power.  But  I  am  confident  we  cannot  re-or- 
ganize political  society  with  any  proper  security  :  1.  Unless 
we  let  in  the  people  to  a  co-operation,  and  not  merely  an 
arbitrarily  selected  portion  of  them.  2.  Unless  we  give  those 
who  arc,  by  tlicir  intelligence  and  character,  the  natural 


VALEDICTORY  ADDRESS.  405 

leaders  of  the  people,  and  who  surely  will  lead  them  by  and 
by,  an  opportunity  to  lead  them  now. 

I  am  aware  that  it  has  been  a  favorite  dogma  in  many 
quarters,  ^-JVo  Rebel  Voters."  But — it  is  impossible  in  cer- 
tain States  to  have  any  voting  by  white  men,  if  only  "  loyal 
men" — i.  c,  those  who  continued  so,  during  the  rebellion, 
are  permitted  to  vote.  This  proposition  is  so  clear  that  the 
President  adopted  the  expedient  of  assuming  that  those  who 
had  not  risen  above  certain  civil  or  military  grades  in  the 
Rebel  public  service,  and  who  had  neither  inherited  nor 
earned  more  than  a  certain  amount  of  property,  should  be 
deemed  and  taken  to  be  sufficiently  harmless  to  be  intrusted 
with  the  suffrage  in  the  work  of  re-organization.  Although 
there  is  some  reason  for  assuming  that  the  less  conspicuous 
and  less  wealthy  classes  of  men  had  less  to  do  than  their  more 
towering  neighbors  in  conducting  the  States  into  the  Rebel- 
lion and  through  it — still  I  do  not  imagine  that  either  wealth 
or  conspicuous  position,  which  are  only  the  accidents  of  men, 
or  at  most,  only  external  incidents,  aifect  the  substance  of 
their  characters,  I  think  the  poorer  and  less  significant  men 
who  voted,  or  fought,  for  "  Southern  Independence  "  had 
quite  as  little  love  for  "the  Yankees,"  quite  as  much  preju- 
dice against  "  the  Abolitionists,"  quite  as  much  contempt 
for  the  colored  man,  and  quite  as  much  disloyalty  at  heart, 
as  their  more  powerful  neighbors. 

The  true  question  is,  now,  not  of  past  disloyalty,  but  of 
present  loyal  purpose.  We  need  not  try  to  disguise  the  fact, 
that  we  have  passed  through  a  g-reat  popular  revolution. 
Everybody  in  the  Rebel  States  was  disloyal,  with  exceptions 
too  few  and  too  far  between  to  comprise  a  loyal  force,  suffi- 
cient to  constitnte  the  State,  even  now  that  the  armies  of  the 
Rebellion  are  overthrown.  Do  not  let  us  deceive  ourselves. 
The  truth  is,  the  public  opinion  of  the  white  race  in  the 
South  was  in  favor  of  the  rebellion.  The  colored  people 
sympathized  with  the  Union  cause.  To  the  extent  of  their 
intelligence,  they  understood  that  the  success  of  the  South 
meant  their  continued  slavery ;  that  an  easy  success  of  the 
North  meant  leaving  slavery  just  where  wc  found  it ;  that 
the  War  meant,  if  it  lasted  long  enough — their  emancipation. 
The  whites  went  to  war  and  supported  the  war ;  because 
they  hoped  to  succeed  in  it ;  since  they  wanted,  or  thought 
they  wanted,  separation  from  the  Union,  or  "  Southern  In- 
dependence." There  were,  then,  three  great  interests — 
there  were  the  Southern  whites,  who  as  a  body,  wished  for 
what  they  called  "  Southern  Independence  ;"  the  Southern 
blacks,  who  desired  emancipation  ;  the  people  of  the  "  loyal 


406  VALEDICTORY  ADDRESS. 

States"  who  desired  to  maintain  the  constitutional  rights 
and  the  territorial  integrity  of  the  Nation.  Some  of  us  in 
the  North  had  a  strong  hope,  which  by  the  favor  of  God  has 
not  been  disappointed,  out  of  our  defence  of  the  Union  to 
accomplish  the  deliverance  of  our  fellow-men  in  bondage. 
But  the  ^'•loyaV  idea  included  emancipation,  not  for  its 
own  sake,  but  for  the  sake  of  the  Union — if  the  Union  could 
be  saved,  or  served,  by  it.  There  were  many  men  in  the 
South — besides  those  known  as  loyal — who  did  not  like  to 
incur  the  responsibility  of  war  against  the  Union ;  or  who 
did  not  think  the  opportune  moment  had  arrived  to  fight 
"  the  North  "  ;  or  in  whose  hearts  there  was  "  a  divided 
allegiance."  But,  they  were  not  the  positive  men.  They 
were,  with  very  few  exceptions,  not  the  leading  minds,  the 
courageous  men,  the  impressive  and  powerful  characters, — 
they  were  not  the  young  and  active  men.  And  when  the 
decisive  hour  came,  they  went  to  the  wall.  No  matter  what 
they  thought,  or  how  they  felt,  about  it ;  they  could  not 
stand  or  they  would  not  stand — certainly  they  did  not  stand, 
against  the  storm.  The  Revolution  either  converted  them, 
or  swept  them  off  their  feet.  Their  own  sons  volunteered. 
They  became  involved  in  all  the  work  and  in  all  the  conse- 
quences of  the  war.  The  Southern  People — as  a  People — 
fought,  toiled,  endured,  and  persevered,  with  a  courage,  a 
unanimity  and  a  persistency,  not  outdone  by  any  people  in 
any  Revolution.  There  was  never  an  acre  of  territory  aban- 
doned to  the  Union  while  it  could  be  held  by  arms.  There 
was  never  a  Rebel  regiment  surrendered  to  the  Union  arms 
until  resistence  was  overcome  by  force  ;  or  a  surrender  was 
compelled  by  the  stress  of  battle,  or  of  military  strategy. 
The  people  of  tlie  South,  men  and  women,  soldiers  and 
civilians,  volunteers  and  conscripts,  in  the  army  and  at 
home,  followed  the  fortunes  of  the  Rebellion  and  obeyed  its 
leaders,  so  long  as  it  had  any  fortunes  or  any  leaders.  Their 
young  men  marched  up  to  the  cannon's  mouth,  a  thousand 
times,  where  they  were  moAved  down  like  grain  by  the 
reapers  when  the  harvest  is  ripe.  Some  men  had  the  fac- 
ulty, and  the  faith  in  the  Rebel  cause,  to  become  its  leaders. 
The  others  had  the  faculty  and  the  faith  to  follow  them. 

All  honor  to  the  loyal  few !  But  I  do  not  regard  the  dis- 
tinction between  loyal  and  disloyal  persons  of  the  white  race, 
residing  in  the  South,  during  the  rebellion,  as  being,  for 
present  purposes,  a  practical  distinction.  It  is  even  doubtful 
whether  the  comparatively  loyal  few,  (with  certain  prominent 
and  honorable  exceptions,)  can  be  well  discriminated  from 
the  disloyal  mass.     And  since  the  President  finds  himself 


VALEDICTORY  ADDRESS.  407 

obliged  to  let  in  the  great  mass  of  the  disloyal,  by  the  very 
terms  of  his  proclamation  of  amnesty,  to  a  participation  in 
the  business  of  re-orgaiiizing  the  Rebel  States,  I  am  obliged 
also  to  confess  that  I  think  to  make  one  rule  for  the  richer 
and  higher  rebels,  and  another  rule  for  the  poorer  and  more 
lowly  rebels  is  impolitic  and  unphilosophical.  I  find  evidence 
in  the  granting  of  pardons,  that  such  also  is  the  opinion  of 
the  President. 

When  the  day  arrives,  which  must  surely  come,  when  an 
amnesty,  substantially  universal,  shall  be  proclaimed,  the 
leading  minds  of  the  South,  who  by  temporary  policy  and 
artificial  rules  had  been,  for  the  while,  disfranchised,  will 
resume  their  influence  and  their  sway.  The  capacity  of 
leadership  is  a  gift,  not  a  device.  They  whose  courage, 
talents  and  will  entitle  them  to  lead,  will  lead.  And  these 
men — not  then  estopped  by  their  own  consent  or  participation, 
in  the  business  of  re-organization — may  not  be  slow  to  ques- 
tion the  validity  of  great  public  transactions  enacted  during 
their  own  disfranchisement.  If  it  is  asked,  in  reply,  "  What 
can  they  do  ?  "  and  "  What  can  come  of  their  discontent  ? " 
I  answer,  that  while  I  do  not  know  just  wdiat  they  can  do, 
nor  what  may  come  of  it,  neither  do  I  know  what  they  may 
not  attempt,  nor  what  they  may  not  accomplish.  I  only  know 
that  we  ought  to  demand,  and  to  secure,  the  co-operation  of 
the  strongest  and  ablest  minds  and  the  natural  leaders  of 
opinion  in  the  South.  If  we  cannot  gain  their  support  of  the 
just  measures  needful  for  the  work  of  safe  re-organization, 
re-organization  will  be  delusive  and  full  of  danger. 

Why  not  try  them  ?  They  are  the  most  hopeful  subjects 
to  deal  with,  in  the  very  nature  of  the  case.  They  have  the 
brain  and  the  experience  and  the  education  to  enable  them 
to  understand  the  exigencies  of  the  present  situation.  They 
have  the  courage,  as  well  as  the  skill,  to  lead  the  people  in 
the  direction  their  judgments  point,  in  spite  of  their  own  and 
the  popular  prejudice.  Weaker  men,  those  of  less  experience, 
who  have  less  hold  on  the  public  confidence,  are  comparatively 
powerless.  Is  it  consistent  with  reason  and  our  knowledge 
of  human  nature,  to  believe  the  masses  of  Southern  men 
able  to  face ,  about,  to  turn  their  backs  on  those  they  have 
trusted  and  followed,  and  to  adopt  the  lead  of  those  who 
have  no  magnetic  hold  on  their  hearts  or  minds  ?  Re-organi- 
zation in  the  South  demands  the  aid  of  men  of  great  moral 
courage,  who  can  renounce  their  own  past  opinions,  and  do 
it  boldly  ;  who  can  comprehend  what  the  work  is,  and  what 
are  the  logical  consequences  of  the  new  situation ;  men  who 
have  interests  uro;in2;  them  to  rise  to  the  heio'ht  of  the  occa- 


408  VALEDICTORY  ADDRESS. 

sion.  They  are  not  the  strong  men  from  whom  ^Yeak,  vacil- 
lating counsels  come  ;  nor  are  they  the  great  men  from  whom 
come  counsels  born  of  prejudices  and  follies,  having  their 
root  in  an  institution  they  know  to  be  dead,  and  buried 
beyond  the  hope  of  resurrection. 

Has  it  never  occurred  to  us  all,  that  we  are  now  proposing 
the  most  wonderful  and  unprecedented  of  human  transac- 
tions ?  The  conquering  government,  at  the  close  of  a  great 
war,  is  about  restoring  to  the  conquered  rebels  not  only  their 
local  governments  in  the  States,  but  their  representative  share 
in  the  general  government  of  the  country  !  They  are,  in 
their  States,  to  govern  themselves  as  they  did  before  the 
rebellion.  The  conquered  rebels  are,  in  the  Union,  to  help 
govern  and  control  the  conquering  loyalists  ! !  These  being 
the  privileges  which  they  are  to  enjoy,  when  re-organization 
becomes  complete,  I  declare  that  I  know  not  any  safeguard, 
precaution,  or  act  of  prudence,  which  wise  statesmanship 
might  not  recognize  to  be  reasonable  and  just.  If  we  have 
no  right  to  demand  guarantees  for  the  future  ;  if  we  have  no 
right  to  insist  upon  significant  acts  of  loyal  submission  from 
the  rebel  leaders  themselves ;  if  we  have  no  right  to  demand 
the  positive,  popular  vote  in  favor  of  the  guarantees  we  need ; 
if  we  may  not  stipulate  for  the  recognition  of  the  just  rights 
of  the  slaves,  whom,  in  the  act  of  suppressing  the  rebellion, 
we  converted  from  slaves  into  freemen,  then  I  declare  that 
we  had  no  right  to  emancipate  the  slaves,  nor  to  suppress  the 
rebellion. 

It  may  be  asked :  Why  not  demand  the  suffrage  for  colored 
men,  in  season  for  their  vote  in  the  business  of  re-organiza- 
tion ?  My  answer  is — I  assume  that  the  colored  men  are  in 
favor  of  those  measures  which  the  Union  needs  to  have 
adopted.  But  it  would  be  idle  to  re-organize  those  States  by 
the  colored  vote.  If  the  popular  vote  of  the  white  race  is 
not  to  be  had  in  favor  of  the  guarantees  justly  required,  then 
I  am  in  favor  of  holding  on — just  where  w^e  now  are.  I  am 
not  in  favor  of  a  surrender  of  the  present  rights  of  the  Union 
to  a  struggle  between  a  white  minority  aided  by  the  freedmen 
on  the  one  hand,  against  a  majority  of  the  white  race  on  the 
other.  I  would  not  consent,  having  rescued  thoee  States  by 
arms  from  secession  and  rebellion,  to  turn  them  over  to 
anarchy  and  chaos.  I  have,  however,  no  doubt — none  what- 
ever— of  our  rii^lit  to  stipulate  for  colored  suffrage.  The 
question  is  one  of  statesmanship,  not  a  question  of  constitu- 
tional limitation. 

If  it  is  urged  that  the  suffrage  question  is  one  peculiarly 
for  the  States,  I  reply :  so  also  that  of  the  abolition  of  slavery 


VALEDICTORY  ADDRESS.  409 

ordinarily  would  have  been.  But  we  are  not  now  deciding 
what  a  loyal  State,  acting  in  its  constitutional  spliere,  and  in 
its  normal  relations  to  the  Union,  may  do ;  but  what  a  rebel, 
belligerent,  conquered  State  must  do,  in  order  to  be  re-organ- 
ized and  to  get  back  into  those  relations.  And  in  deciding 
this,  I  must  repeat  that  we  are  to  be  governed  only  by  Justice, 
Humanity,  the  Public  Safety,  and  our  duty  to  re-organize 
those  conquered,  belligerent  States,  as  we  can  and  when  we 
can,  consistently  therewith. 

In  dealing  with  those  States,  with  a  view  to  fulfilling  the 
national  guarantee  of  a  republican  form  of  government,  it  is 
plain,  since  the  nation  is  called  upon  to  re-organize  govern- 
ment, where  no  loyal  republican  State  Government  is  in 
existence,  that  it  must,  of  absolute  necessity,  deal  directly 
with  the  People  themselves.  If  a  State  government  were 
menaced  and  in  danger  of  subversion,  then  the  nation  would 
be  called  upon  to  aid  the  existing  government  of  the  State  in 
sustaining  itself  against  the  impending  danger.  But  the 
present  case  is  a  different  one.  The  State  Government  was 
subverted  in  each  rebel  State  more  than  four  years  ago.  The 
State,  in  its  corporate  capacity,  went  into  rebellion ;  and  as 
long  as  it  had  the  power,  waged  and  maintained  against  the 
nation  rebellious  war.  There  is  no  government  in  them  to 
deal  with.  But  there  are  the  people.  It  is  to  the  people  we 
must  go.  It  is  through  their  people  alone,  and  it  is  in  their 
primary  capacity  alone,  as  people,  unorganized  and  without 
a  government,  that  the  nation  is  capable  now  of  dealing  with 
them  at  all.  And,  therefore,  the  government  of  the  nation 
is  obliged,  by  the  sheer  necessity  of  the  case,  to  know  who 
are  the  people  of  the  State,  in  the  sense  of  the  National  Con- 
stitution, in  order  to  know  how  to  reach  them.  Congress, 
discerning  new  people,  with  new  rights,  and  new  duties  and 
new  interests  (of  the  nation  itself  even,)  springing  from 
them,  may  rightfully  stipulate  in  their  behalf.  If  Congress 
perceives  that  it  cannot  fulfil  its  guarantee  to  all  the  people  of 
a  State,  without  such  a  stipulation,  then  it  not  only  may,  but 
it  ought  to,  require  and  secure  it.  The  guarantee  is  one  con- 
cerning all,  not  merely  a  part  of  the  People.  And,  though 
the  government  of  a  State  might  be  of  republican  form,  and 
yet  not  enfranchise  its  colored  citizens  ;  still  the  substance 
and  equity  of  the  giiarantee  woiild  be  violated,  if,  in  addition 
to  their  non-enfranchisement,  the  colored  people  should  be 
compelled  to  share  the  burdens  of  a  State  Government,  the 
benefits  of  which  would  enure  to  other  classes, — to  their  own 
exclusion.  A  republican  form  of  government  is  not  of  neces- 
sity just  and  good.     Nor  is  another  form,  of  necessity,  unjust 

59 


410  VALEDICTORY  ADDRESS. 

and  bad.  A  monarch  may  be  humane,  thoughtful  and  just 
to  every  class  and  to  every  man.  A  republic  may  be  inhu- 
mane, regardless  of,  and  unjust  to,  some  of  its  subjects.  Our 
National  government  and  most  of  the  State  governments 
were  so,  to  those  whom  they  treated  as  slaves,  or  whose 
servitude  they  aggravated  by  their  legislation  in  the  interest 
of  Slavery.  The  Nation  cannot  hereafter  pretend  that  it  has 
kept  its  promise  and  fulfilled  its  guarantee,  when  it  shall  have 
only  organized  governments  of  republican /orwi,  unless  it  can 
look  all  the  people  in  the  face,  and  declare  that  it  has  kept  its 
promise  with  them  all.  The  voting  class  alone — those  who 
possessed  the  franchise  under  the  State  Constitutions — were 
not  the  People.  They  never  were  the  People.  They  are 
not  now.  They  were  simply  the  Trustees  of  a  certain  power, 
for  the  benefit  of  all  the  people,  and  not  merely  for  their  own 
advantage.  The  nation  does  not  fulfil  its  guarantee  by  deal- 
ing with  them  alone.  It  may  deal  through  them,  with  the 
people.  It  may  accept  their  action  as  satisfactory,  in  its 
discretion.  But,  no  matter  who  may  be  the  agents,  through 
whom  the  nation  reaches  and  deals  with  the  people,  that 
guaranty  of  the  National  Constitution  is  fatally  violated, 
unless  the  nation  secures  to  all  the  people  of  those  disorgan- 
^ized  States  the  substantial  benefits  and  advantages  of  a 
Government.  We  cannot  hide  behind  a  ivord.  We  cannot 
be  co.ntent  with  the  '■'•  formP  The  substance  bargained 
for  is  a  Government.  The  "  form"  is  also  bargained  for, but 
that  is  only  an  incident.  The  people,  and  all  the  people  alike, 
must  have  and  enjoy  the  benefits  and  advantages  of  a  govern- 
ment, for  the  common  good,  the  just  and  equal  protection  of 
each  and  all. 

But,  What  of  the  policy  of  the  President  ?  I  am  not  able 
to  consider  his  future  policy.  It  is  undisclosed.  He  seems 
to  me  to  have  left  to  Congress  alone  the  questions  controlling 
the  conditions  on  which  the  rebel  States  shall  resume  their 
representative  power  in  the  Federal  Government.  It  was  not 
incumbent  on  the  President  to  do  otherwise.  He  naturally 
leaves  the  duty  of  theoretical  reasoning  to  those  whose 
responsibility  it  is  to  reach  the  just  practical  conclusion. 
Thus  far  the  President  has  simply  used,  accorduig  to  his 
proper  discretion,  the  power  of  commander-in-chief.  What 
method  he  should  observe  was  a  question  of  discretion  ;  in 
the  absence  of  any  positive  law,  to  be  answered  by  himself. 
He  might  have  assumed,  in  the  absence  of  positive  law — 
during  the  process  of  re-organization — purely  military  meth- 
ods. Had  that  been  needful,  it  would  have  been  appropriate. 
If  not  necessary,  then  it  would  have  been  unjust  and  injuri- 


MALEDICTORY  ADDRESS.  411 

ous.  It  is  not  just  to  oppress  even  an  enemy,  merely  because 
we  have  the  power.  In  a  case  like  tlie  present,  it  would  be 
extremely  impolitic,  and  injurious  to  the  nation  itself.  Bear 
in  mind,  ours  is  not  a  conquest  by  barbarians,  nor  by  despots; 
but  by  Christians  and  republicans.  The  commander-in-chief 
was  bound  to  govern  with  a  view  to  promoting  the  true  restora- 
tion of  the  j)oicer  of  the  Union,  as  I  attempted  to  describe  it 
in  the  beginning  of  this  address ;  not  merely  with  a  view  to 
the  present,  immediate  control  of  the  daily  conduct  of  the 
people.  He  deemed  it  wise,  therefore,  to  resort  to  the  dem- 
ocratic principle,  to  use  the  analogies  of  republicanism  and  of 
constitutional  liberty.  He  had  the  power  to  govern  through 
magistrates,  under  military  or  under  civil  titles.  He  could 
employ  the  agencies  of  popular  and  of  representative  assem- 
blies. Their  authority  has  its  source,  however,  in  his  own 
war  powers  as  commander-in-chief.  If  the  peace  of  society, 
the  rights  of  the  government,  and  of  all  its  subjects,  are  duly 
maintained,  then  the  method  may  justify  itself  by  its  success 
as  well  as  its  intention.  If  he  has  assisted  the  people  to 
re-organize  their  legislatures,  and  to  re-establish  the 
machinery  of  local  State  government ;  though  his  method 
may  be  less  regular  than  if  an  act  of  Congress  had  prescribed 
it,  still,  it  has  permitted  the  people  to  feel  their  way  back 
into  the  works  and  ways  of  loyalty,  to  exhibit  their  temper  of 
mind,  and  to  "  show  their  hands."  Was  it  not  better  for  the 
cause  of  free  government,  of  civil  liberty,  to  incur  tlie  risk  of 
error  in  that  direction,  than  of  error  in  the  opposite  one  ?  It 
has  proved  that  the  national  government  is  not  drunk  with 
power ;  that  its  four  years'  exercise  of  the  dangerous  rights 
of  war  has  not  affected  its  brain.  It  has  shown  that  the  dan- 
ger of  despotic  centralism,  or  of  central  despotism,  is  safely 
over. 

Meanwhile,  notwithstanding  the  transmission  of  the  seals 
to  State  magistrates  chosen  bv  vote  in  the  States  themselves  ; 
notwithstanding  the  inauguration,  in  fact,  of  local  legislatures, 
the  po'wers  of  war  remain.  The  commander-in-chief  has  not 
abdicated.  His  generals  continue  in  the  field.  They  still 
exercise  military  functions,  according  to  the  belligerent 
rights  of  the  nation.  What  the  commander-in-chief  may 
hereafter  do,  whether  less  or  more,  depends,  I  presume,  in 
great  measure  on  what  the  people  of  the  rebel  States  may  do 
or  forbear  doing.  I  assume  that,  until  the  executive  and 
legislative  departments  of  the  national  government  shall  have 
reached  the  united  conclusion  that  the  objects  of  the  ivar 
have  been  fully  accomplished,  the  national  declaration  of 
peace  is  not,  and  cannot  be  made. 


412  VALEDICTORY  ADDRESS. 

The  proceedings  already  had,  are  only  certain  acts  in  the 
great  drama  of  Re-organization.  They  do  not  go  for  nothing; 
they  were  not  unnecessary ;  nor  do  I  approach  them  with 
criticism.  But  they  are  not  the  whole  drama.  Other  acts 
are  required  for  its  completion.  What  they  shall  be,  depends 
in  part  on  the  wisdom  of  Congress  to  determine. 

The  doctrine  of  the  President  that — in  the  steps  prelimi- 
nary to  re-organizing  a  State  which  is  not,  and  has  not  been 
theoretically  cut  off  from  the  Union — he  must  recognize  its 
own  organic  law,  antecedent  to  the  rebellion,  need  not  be 
contested.  I  adhere,  quite  as  strictly  as  he,  to  the  logical 
consequences  of  that  doctrine.  I  agree  that  the  Rebel  States 
ought  to  come  back  again  into  the  exercise  of  their  State 
functions  and  the  enjoyment  of  their  representative  power — 
by  the  action  and  by  the  votes,  of  the  same  class  of  persons, 
namely,  the  same  body  of  voters,  or  tenants  of  political  rights 
and  privileges,  by  the  votes,  action  or  submission  of  whom, 
those  States  were  carried  into  the  rebellion. 

But,  yet,  it  may  be,  at  the  same  time,  needful  and  proper, 
in  the  sense  of  wise  statesmanship,  to  require  of  them  the 
amplification  of  certain  privileges,  the  recognition  of  certain 
rights,  the  establishment  of  certain  institutions,  the  re-distri- 
bution even  of  political  power — to  be  by  them  accorded  and 
executed  through  constitutional  amendments,  or  otherwise — 
as  elements  of  acceptable  re-organization ;  and  as  necessary 
to  the  re-adjustment  of  political  society  in  harmony  with  the 
new  relations,  and  the  new  basis  of  universal  freedom,  result- 
ing from  the  Rebellion  itself.  If  these  things  are  found  to  be 
required  by  wise  statesmanship,  then  the  right  to  exact  them, 
as  conditions  of  restoring  those  States  to  the  enjoyment  of 
their  normal  functions,  is  to  be  found,  just  where  the  Nation 
found  the  right  to  crush  the  Rebellion  and  the  incidental 
right  of  emancipating  Slaves. 

Now,  distinctions  between  men,  as  to  their  rights,  purely 
arbitrary,  and  not  founded  in  reason,  nor  in  the  nature  of 
things,  arc  not  wise,  statesmanlike  nor  "  Republican,"  in  the 
constitutional  sense.  If  they  ever  are  wise  and  statesman- 
like, they  become  so,  only  where  oligarchies,  privileged  orders 
and  hereditary  aristocracies  are  wise  and  expedient. 

There  are  two  kinds  of  Republican  government,  however, 
known  to  political  science,  viz. :  Aristocratic  Republics  and 
Democratic  Republics,  or  those  in  which  the  government 
resides  with  a  few  persons,  or  with  a  privileged  body,  and 
those  in  which  it  is  the  government  of  the  People.  I  cannot 
doubt  that  nearly  all  men  are  prepared  to  admit  that  our 
governments — both  State  and  National — are  constitutionally 


VALEDICTORY  ADDRESS.  413 

democratic,  representative  republics.  That  theory  of  govern- 
ment is  expressly  set  forth  in  the  Declaration  of  Indepen- 
dence. The  popular  theory  of  government  is  again  declared 
in  the  preamble  to  the  Federal  Constitution.  Tlic  Federal 
government  is  elaborately  constructed  according  to  the  theory 
of  popular  and  representative  government,  and  against  the 
aristocratic  theory,  in  its  distinguishing  features.  And,  in 
divers  places,  the  Federal  Constitution,  in  set  terms,  presup- 
poses the  democratic  and  representative  character  of  the 
governments  of  the  States ;  for  example,  by  assuming  that 
they  liave  legislatures,  that  their  legislatures  are  composed  of 
more  than  one  body,  and  by  aiming  to  prevent  even  all 
appearance  of  aristocratic  form,  by  prohibiting  the  States  from 
granting  any  title  of  nobility.  In  his  recent  message  to 
Congress,  President  Johnson  affirms  "  the  great  distinguish- 
ing principle  of  the  recognition  of  the  rights  of  man"  as  the 
fundamental  idea,  in  all  our  governments.  "  The  American 
system,"  he  adds,  in  the  same  paragraph,  "rests  on  the  asser- 
tion of  the  equal  right  of  every  man  to  life,  liberty  and  the  , 
pursuit  of  happiness,  to  freedom  of  conscience,  to  the  culture 
and  exercise  of  all  his  faculties." 

But,  is  it  pretended  that  the  idea  of  a  government  of  the 
P/30ple,  and  for  the  People,  in  the  American  sense,  is  inclusive 
of  the  white  race  only,  or  is  exclusive  of  men  of  African 
descent  ?     On  what  ground  can  the  position  rest  ? 

The  citizenship  of  free  men  of  color,  even  in  those  States 
where  no  provision  of  law  seemed  to  include  them  in  the 
category  of  voters,  has  been  frequently  demonstrated,  not 
only  as  a  legal  right,  but  as  a  right  asserted  and  enjoyed. 

Nay  more  ;  both  under  the  confederation,  and  at  the  time 
of  the  adoption  of  the  Constitution  of  the  United  States,  all 
free  native  born  inhabitants  of  the  States  of  New  Hampshire, 
Massachusetts,  New  York,  New  Jersey  and  North  Carolina, 
though  descended  from  African  slaves,  were  not  only  citizens 
of  those  States,  but  such  of  them  as  had  the  other  necessary 
qualifications,  possessed  the  franchise  of  Electors  on  equal 
terms  with  other  citizens.  And  even  Virginia  declares,  in 
her  ancient  Bill  of  Rights,  "  that  all  men  having  sufficient 
evidence  of  permanent  common  interest  with,  and  attachment 
to  the  community,  have  the  right  of  suffrage."  Wherever 
free  colored  men  were  recognized  as  free  citizens  or  subjects, 
but  were,  nevertheless,  not  fully  enfranchised,  I  think  the 
explanation  is  found,  not  in  the  fact  of  their  mere  color  nor 
of  their  antecedent  servitude,  but  in  the  idea  of  their  possible 
lapse  into  servitude  again — of  which  condition  their  color 
was  a  badge  and  a  continuing  presumption.     Tlie  policy  of 


4U  VALEDICTORY  ADDRESS. 

some  States  seems  to  have  demanded  that  Slavery  should  be 
the  prevailing  condition  of  all  their  inhabitants  of  African 
descent.  In  those  States,  the  possession  of  freedom  by  a 
colored  man  has  therefore  been  treated  as  if  that  condition 
was  only  exceptional  and  transient.  But,  wherever  the 
policy  and  legislation  of  a  State  were  originally  dictated  by 
men  who  saw  through  the  confusion  of  ideas  occasioned  by 
the  presence  of  Slavery,  there  we  are  enabled  to  discern  the 
evidence  of  an  unclouded  purpose  (with  which  the  American 
mind  always  intended  to  be  consistent,)  viz. :  The  main- 
tenance of  equality  between  free  citizens  concerning  civil 
RIGHTS,  and  the  distribution  of  privileges,  according  to 
capacity  and  desert,  and  not  according  to  the  accidents  of 
birth.  And  now  that  Slavery  has  been  rendered  forever 
impossible  within  any  State  or  Territory  of  the  Union,  by 
framing  the  great  natural  law  of  Universal  Freedom  into  the 
organic  Law  of  the  Union,  all  the  ancient  disabilities  which 
Slavery  had  made  apparently  attendant  on  African  descent, 
^  must  disappear. 

Whatever  may  be  the  rules  regulating  the  distribution  of 
political  power  among  free  citizens,  in  the  organization  of 
such  a  republican  government  as  that  guaranteed  by  the 
National  Constitution,  descent  is  neither  the  evidence  of 
right,  nor  the  ground  of  disfranchisement. 

The  selection  of  a  fraction  or  class,  of  the  great  body  of 
freemen  in  the  Civil  State,  to  be  permanently  invested  with 
its  entire  political  power — (selected  by  mere  human  predes- 
tination, irrespective  of  merit) — that  power  to  be  incommu- 
nicable to  the  freemen  of  another  class — the  two  classes,  of 
rulers  and  ruled,  governors  and  governed,  to  be  determined 
by  the  accident  of  birth,  and  all  the  consequences  of  that 
accident  to  descend  by  generation  to  their  children — seems 
to  me  to  be  the  establishment  of  an  hereditary  aristocracy  of 
birth,  the  creation  of  a  privileged  order,  inconsistent  both 
with  the  substance  and  the  essential  form  of  American 
republicanism,  unstatesmanlike  and  unwise ;  and,  (in  the 
rebel  States,)  in  every  sense,  dangerous  and  unjust. 

To  demand  a  certain  qualification  of  intelligence  is  emi- 
nently safe,  and  consists  with  the  interests  and  rights  of  all. 
It  is  as  reasonable  as  to  require  a  certain  maturity  of  age. 
They  who  are  the  representatives  of  the  political  power  of 
society,  acting  not  only  for  themselves,  but  also  for  the 
women  and  children,  who  too  belong  to  it ;  representing  the 
interests  of  the  wives,  mothers,  sisters,  daughters,  infant 
sons,  and  the  posterity  of  us  all,  ought  to  constitute  an  audi- 
ence reasonably  competent  to  hear.     And,  since  the  congrc- 


VALEDICTORY  ADDRESS.  415 

gatioii  of  American  Voters  is  numbered  by  millions,  and 
covers  a  continent,  it  cannot  hear  with  its  ears  all  that  it 
needs  to  know ;  but  must  learn  intelligently  much  that  it 
needs  to  know,  through  the  printed  page  and  by  means  of  its 
eyes.  The  protection  of  the  mass  of  men  against  the  decep- 
tions of  local  demagogues,  and  against  their  own  prejudices 
hereafter — as  well  as  the  common  safety — calls  for  the 
requirement  of  the  capacity  to  read  the  mother  tongue,  as  a 
condition  of  coming  for  the  first  time  to  the  ballot-box.  Let 
this  be  required  at  the  South,  and  immediately  the  whole 
Southern  community  will  be  aroused  to  the  absolute  neces- 
sity of  demanding  free  schools  and  popular  education. 
These  are,  more  than  all  things  else,  to  be  coveted,  both  for 
the  preservation  of  public  liberty,  and  for  the  temporal  sal- 
vation of  the  toiling  masses,  of  our. own  Saxon  and  Norman 
blood,  whom  alike  with  the  African  slave,  the  oppression  of 
ages  has  involved  in  a  common  disaster. 

I  think  the  wisest  and  most  intelligent  persons  in  the 
South  are  not  ignorant  of  the  importance  of  raising  the 
standard  of  intelligence  among  voters ;  nor  of  extending  the 
right  to  vote,  so  as  to  include  those  whp  are  of  competent 
intellect,  notwithstanding  the  recent  disability  of  color. 
There  is  evidence  that  they  are  not  unwilling  to  act  consist- 
ently with  the  understanding,  example,  and  constitutional 
precedents  of  the  fathers  of  the  Republic ;  consistently  with 
the  ancient  practice  of  the  States,  coeval  with  the  organic 
law  of  the  nation,  established  by  the  very  men  who  made 
that  law,  who  used  and  adopted  the  very  phrase,  "  a  repub- 
lican form  of  government,"  of  the  meaning  of  which  their 
own  practice  was  a  contemporary  interpretation.  But  if  the 
conquering  power  of  the  nation,  if  the  victorious  arm  of 
the  Union  is  paralyzed  ;  if  the  federal  government,  standing 
behind  the  ramparts  of  defensive  war,  wielding  its  weapons, 
both  of  offence  in  the  hour  of  struggle,  and  of  diplomacy  in 
the  hour  of  triumph,  is  utterly  powerless  to  stipulate  for  the 
execution  of  this  condition ;  then  I  confess  I  do  not  know 
how  the  best  and  wisest  in  the  South  will  be  enabled, 
deserted  and  alone,  to  stand  up  on  its  behalf,  against  the 
jealousy  of  ignorance  and  the  traditions  of  prejudice. 

If  the  measures  I  have  attempted  to  delineate,  are  found 
to  be  impracticable,  then  Congress  has  still  the  right  to 
refuse  to  the  Rebel  States  re-admission  to  the  enjoyment  of 
their  representative  power,  until  amendments  to  the  Federal 
Constitution  shall  have  been  obtained  adequate  to  the  exi- 
gency. Nor  can  the  people  of  the  rebel  States  object  to 
the  delay.     They  voluntarily  withdrew  from  Congress  ;  they 


416  VALEDICTORY  ADDRESS. 

themselves  elected  the  attitude  of  disunion.  They  broke  the 
agreements  of  the  constitution :  not  we.  They  chose  their 
own  time,  opportunity  and  occasion  to  make  war  on  the 
Nation,  and  to  repudiate  the  Union.  They  certainly  cannot 
now  dictate  to  us  the  time  nor  the  terms.  Again,  I  repeat, 
the  just  discretion  of  the  nation — exercised  in  good  faith 
towards  all — must  govern. 

The  Federal  Union  was  formed,  first  of  all,  "  to  establish 
justice.''''  "  Justice,"  in  the  language  of  statesmen  and  of 
jurists,  has  had  a  definition,  for  more  than  two  thousand 
years,  exact,  perfect,  and  well  understood. 

It  is  found  in  the  Institutes  of  Justinian, — 

"  Constans  et  perpetua  voluntas,  jus  suum  cuique  tribuendi." 

"  The  constant  and  perpetual  will  to  secure  to  every  man  his  own  eight.' 

I  believe  I  have  shown  that  under  our  federal  Constitu- 
tion,— 

1.  All  the  people  of  the  rebel  States  must  share  in  the 
benefits  to  be  derived  from  the  execution  of  the  national 
guarantee  of  republican  governments. 

2.  That  Oi<r  "republican  form  of  government"  demands 
"  The  maintenance  of  equality  between  free  citizens  concern- 
ing civil  RIGHTS,  cuid  the  distribution  c/ privileges,  according- 
to  capacity  and  desert,  and  not  according  to  the  accidents  of 
birthr 

3.  That  people  "  of  African  descent,"  not  less  than  people 
of  the  white  race,  are  included  within  the  category  of  free 
subjects  and  citizens  of  the  United  States. 

4.  That,  in  the  distribution  of  political  power,  under  our 
form  of  government,  "  descent  is  neither  the  evidence  of 
right,  nor  the  ground  of  disfranchisement,^^  so  that 

5.  The  disfranchisement  of  free  citizens,  for  the  cause 
of  "  descent,^''  or  for  any  reason  other  than  lawful  disquali- 
fication, as  by  non-residence,  immaturity,  crime,  or  want  of 
intelligence,  violates  their  constitutional  rights. 

6.  That,  in  executing  our  national  guarantee  of  republican 
government  to  the  people  of  tlie  rebel  States,  Ave  must  secure 
the  constitutional,  civic  liberties  and  franchises  of  all  the 
people. 

7.  That  we  have  no  rigid  to  omit  to  secure  to  the  new 
citizens,  made  free  by  the  Union,  in  war,  their  equality  of 
rights  before  the  law,  and  their  franchises  of  every  sort — 
including  the  electoral  franchise — according  to  laws  and 
regulations,  of  universal,  and  not  of  unequal  and  capricious, 
ajDplication. 


VALEDICTORY  ADDRESS.  417 

We  have  no  right  to  evade  our  own  duty.  We  must  not, 
by  substituting  a  new  basis  for  tlie  apportionment  of  repre- 
sentatives in  Congress,  give  up  the  just  rights  of  these 
citizens.  Increasing  the  proportion  of  the  political  power  of 
the  loyal  States,  at  the  expense  of  the  disloyal  States,  by 
adopting  their  relative  numbers  of  le^al  voters,  instead  of 
their  relative  populations — while  it  might  punish  some  States 
for  not  according  the  suffrage  to  colored  men — would  not  be 
justice  to  the  colored  citizen.  For  justice  demands,  "/or 
every  man  his  own  right.'' 

Will  it  be  said  that,  by  such  means,  we  shall  strengthen 
our  own  power  in  the  loyal  States,  to  protect  the  colored 
people  in  the  South  ?  If  we  will  not  yield  to  them  justice 
now,  on  what  ground  do  we  expect  grace  to  give  them 
^^ protection  "  hereafter  ? 

You  will  have  compromised  for  a  consideration — paid  in 
an  increase  of  your  own  political  power — your  right  to  urge 
their  voluntary  enfranchisement  on  the  white  men  of  the 
South.  You  will  have  bribed  all  the  elements  of  political 
selfishness,  in  the  whole  country,  to  combine  against  negro 
enfranchisement.  The  States  of  the  rebellion  will  have  no 
less  power  than  ever  in  the  Senate.  And  the  men  who  hold 
the  privilege  of  electing  representatives  to  the  lower  house, 
will  retain  their  privilege.  For  the  sake  of  doubling  the  dele- 
gation from  South  Carolina,  do  you  suppose  the  monopoly  of 
choosing  three  members  would  be  surrendered  by  the  whites, 
giving  to  the  colored  men  the  chance  to  choose  six?  Nay: — 
Would  the  monopolists  gain  anything  by  according  the 
suffrage  to  the  colored  man  ;  if  they  could  themselves  only 
retain  the  power  to  dictate  three  representatives,  and  the 
colored  people  should  dictate  the  selection  of  the  other 
three  ? 

Tlie  scheme  to  substitute  legal  voters,  instead  of  popula- 
tion, as  the  basis  of  representation  in  Congress,  will  prove  a 
delusion  and  a  snare.  By  diminishing  the  representative 
power  of  the  Southern  States,  in  favor  of  other  States,  you 
will  not  increase  Southern  love  for  the  Union.  Nor,  while 
Connecticut  and  Wisconsin  refuse  the  suffrage  to  men  of 
color,  will  you  be  able  to  convince  the  South  that  your 
amendment  was  dictated  by  political  principle,  and  not  by 
political  cupidity.  You  will  not  diminish  any  honest  appre- 
hension at  extending  the  suffrage,  but  you  will  inflame  every 
prejudice,  and  aggravate  discontent.  Meanwhile,  the  dis- 
franchised freedman,  hated  by  some  because  he  is  black, 
contemned  by  some  because  he  has  been  a  slave,  feared  by 
some  because  of  the  antagonisms  of  society,  is  condemned 

CO 


418  VALEDICTORY  ADDRESS. 

to  the  condition  of  a  hopeless  pariah  of  a  merciless  civiliza- 
tion. In  the  community,  he  is  not  of  it.  He  neither  belongs 
to  a  master,  nor  to  society.  Bodily  present  in  the  midst  of 
the  society  composing  the  State,  he  adds  nothing  to  its 
weight  in  the  political  balance  of  the  nation ;  and  therefore, 
he  stands  in  the  way,  occupies  the  room  and  takes  the  place, 
which  might  be  enjoyed  as  opportunities  by  a  white  immi- 
grant, who  would  contribute  by  his  presence  to  its  represen- 
tative power.  Your  policy  would  inflame  animosity  and 
aggravate  oppression,  for  at  least  the  lifetime  of  a  generation, 
before  it  would  open  the  door  to  enfranchisement. 

Civil  society  is  not  an  aggregation  of  individuals.  Accord- 
ing to  the  order  of  nature,  and  of  the  Divine  economy,  it  is 
an  aggregation  of  families. 

The  adult  males  of  the  family  vote ;  because  the  welfare 
of  the  women  and  children  of  the  family  is  identical  with 
theirs ;  and  it  is  intrusted  to  their  aifection  and  fidelity, 
whether,  at  the  ballot-box,  or  on  the  battle-field.  But,  while 
the  voting  men  of  a  given  community  represent  the  welfare 
of  its  women  and  children,  they  do  not  represent  that  of 
another  community.  The  men,  women  and  children  of  Mas- 
sachusetts, are  alike  concerned  in  the  ideas  and  interests  of 
Massachusetts.  But,  the  very  theory  of  represention  implies 
that  the  ideas  and  interests  of  one  State  are  not  identical 
with  those  of  another.  On  what  ground,  then,  can  a  State 
on  the  Pacific,  or  the  Ohio,  gain  preponderance  in  Congress 
over  New  Jersey  or  Massachusetts  by  reason  of  its  greater 
number  of  males,  while  it  may  have  even  a  less  number  of 
people  ?  The  halls  of  legislation  are  the  arenas  of  debate, 
not  of  muscular  prowess.  The  intelligence,  the  opinions, 
the  wishes,  and  the  influence  of  women,  social  and  domestic, 
stand  for  something — for  much — in  the  public  affairs  of  civil- 
ized and  refined  society.  I  deny  the  just  right  of  the  Gov- 
ernment to  banish  woman  from  the  count.  She  may  not 
vote,  but  she  thinks ;  she  persuades  her  husband ;  she 
instructs  her  son.  And,  through  them,  at  least,  she  has  a 
right  to  be  heard  in  the  government.  Her  existence,  and  the 
existence  of  her  children,  are  to  be  considered  in  the  State. 

No  matter  who  changes  ;  let  Massachusetts,  at  least,  stand 
by  all  the  fundamental  principles  of  free,  constitutional, 
republican  government. 

The  President  is  the  tribune  of  the  People.  Let  him  be 
chosen  directly  by  the  popular  election.  The  Senate  repre- 
sents the  reserved  rights  and  the  equality  of  the  States.  Let 
the  Senators  continue  to  be  chosen  by  the  Legislatures  of  the 
States.     The  House  represents  the  opinions,  interests,  and 


VALEDICTORY  ADDRESS.  419 

the  equality  of  the  people  of  each  and  every  State.  Let  the 
people  of  the  respective  States  elect  their  representatives,  in 
numbers  proportional  to  the  numbers  of  their  people.  And 
let  the  legal  qualifications  of  the  voters,  in  the  election  of 
President,  Vice-President,  and  Representatives  in  Congress, 
be  fixed  by  a  uniform,  equal,  democratic,  constitutional  rule, 
of  universal  application.  Let  this  franchise  be  enjoyed 
"  according  to  capacity  and  desert,  and  not  according  to  the 
accidents  of  birth.'' 

Congress  may,  and  ought,  to  initiate  an  amendment  grant- 
ing the  right  to  vote  for  President,  Vice-President  and  Rep- 
resentatives in  Congress,  to  colored  men,  in  all  the  States, 
being  citizens  and  able  to  read,  who  would  by  the  laws  of 
the  States  where  they  reside,  be  competent  to  vote  if  they 
were  white.  Without  disfranchising  existing  voters,  it 
should  apply  the  qualification  to  white  men  also.  And,  the 
amendment  ought  to  leave  the  election  of  President  and 
Vice-President  directly  in  the  hands  of  the  People,  without 
the  intervention  of  electoral  colleges.  Then  the  poorest, 
humblest  and  most  despised  men,  being  citizens  and  compe- 
tent to  read,  and  thus  competent,  with  reasonable  intelli- 
gence, to  represent  others,  would  find  audience  through  the 
ballot-box.  The  President,  who  is  the  Grand  Tribune  of  all 
the  People,  and  the  direct  delegates  of  the  People  in  the 
popular  branch  of  the  National  Legislature,  would  feel  their 
influence.  This  amendment  would  give  efficiency  to  the  one 
already  adopted,  abolishing  Slavery  throughout  the  Union. 
The  two  amendments  taken  together,  would  practically 
accomplish,  or  enable  Congress  to  fulfil,  the  whole  duty  of 
the  nation  to  those  who  are  now  its  dependent  wards. 

I  am  satisfied  that  the  mass  of  thinking  men  at  the  South 
accept  the  present  condition  of  things  in  good  faith  ;  and  I 
am  also  satisfied  that  with  the  support  of  a  firm  policy  from 
the  President  and  Congress,  in  aid  of  the  efforts  of  their 
good  faith,  and  with  the  help  of  a  conciliatory  and  generous 
disposition  on  the  part  of  the  North — especially  on  the  part 
of  those  States  most  identified  with  the  plan  of  emancipation 
— the  measures  needed  for  permanent  and  universal  welfare 
can  surely  be  obtained.  There  ought  now  to  be  a  vigorous 
prosecution  of  the  Peace, — -just  as  vigorous  as  our  recent 
prosecution  of  the  War.  We  ought  to  extend  our  hands 
with  cordial  good-will  to  meet  the  proffered  hands  of  the 
South ;  demanding  no  attitude  of  humiliation  from  any ; 
inflicting  no  acts  of  humiliation  upon  any  ;  respecting  the 
feelings  of  the  conquered — notwithstanding  the  question  of 
right  and   wrong,   between    the    parties    belligerent.     We 


420  VALEDICTORY  ADDRESS. 

ought,  by  all  the  means  and  instrumentalities  of  peace,  and 
by  all  the  thrifty  methods  of  industry  ;  by  all  the  re-creative 
agencies  of  education  and  religion,  to  help  rebuild  the  waste 
places,  and  restore  order,  society,  prosperity.  Without 
industry  and  business  there  can  be  no  progress.  In  their 
absence,  civilized  man  even  recedes  towards  barbarism.  Let 
Massachusetts  bear  in  mind  the  not  unnatural  suspicion 
which  the  past  has  engendered,  I  trust  she  is  able,  filled 
with  emotions  of  boundless  joy,  and  gratitude  to  Almighty 
God,  who  has  given  such  Victory  and  such  Honor  to  the 
Right,  to  exercise  faith  in  his  goodness,  without  vain  glory, 
and  to  exercise  charity,  Avithout  weakness,  towards  those 
who  have  held  the  attitude  of  her  enemies. 

The  oifence  of  War  has  met  its  appropriate  punishment 
by  the  hand  of  War. 

In  this  hour  of  Triumph,  honor  and  religion  alike  forbid 
one  act,  one  word,  of  vengeance  or  resentment.  Patriotism 
and  Christianity  unite  the  arguments  of  earthly  welfare,  and 
the  motives  of  Heavenly  inspiration,  to  persuade  us  to  put 
off  all  jealously  and  all  fear,  and  to  move  forward  as  citizens 
and  as  men,  in  the  work  of  social  and  economic  re-organiza- 
tion— each  one  doing  with  his  might  whatever  his  hand 
findeth  to  do. 

We  might  wish  it  were  possible  for  Massachusetts  justly 
to  avoid  her  part  in  the  work  of  political  re-organization. 
But,  in  spite  of  whatever  misunderstanding  of  her  purpose 
or  character,  she  must  abide  her  destiny.  She  is  a  part  of 
the  Nation.  The  Nation,  for  its  own  ends,  and  its  own 
advantage,  as  a  measure  of  war,  took  out  of  the  hands  of 
the  masters,  their  slaves.  It  holds  them,  therefore,  in  its 
hands,  as  freedmen.  It  must  place  them  somewhere.  It 
must  dispose  of  them  somehow.  It  cannot  delegate  the 
trust.  It  has  no  right  to  drop  them,  to  desert  them.  For 
by  its  own  voluntary  act,  it  assumed  their  guardianship,  and 
all  its  attendant  responsibilities,  before  the  present  genera- 
tion, and  all  the  coming  generations,  of  mankind.  I  know 
not  how  well,  nor  how  ill,  they  might  be  treated  by  the 
people  of  the  States  where  they  reside.  I  only  know  that 
thei'e  is  a  point  beyond  which  the  Nation  has  no  right  to 
incur  any  hazard.  And  while  the  fidelity  of  the  Nation 
need  not  abridge  the  humanity  of  the  States  ;  on  the  other 
hand  our  confidence  in  those  States  cannot  be  pleaded  before 
the  bar  of  God,  nor  of  history,  in  defence  of  any  neglect  of 
our  own  duty. 

Let  their  people  remember  that  Massachusetts  has  never 
deceived  them.     To  her  ideas  of  duty  and  her  theory  of  the 


VALEDICTORY  ADDRESS.  421 

Government,  she  has  been  faithful.  If  they  were  ever  mis- 
led or  betrayed  by  others  into  the  snare  of  attempted  seces- 
sion, and  the  risks  of  war,  her  trumpet  at  least  gave  no 
uncertain  sound.  She  has  fulfilled  her  engagements  in  the 
past,  and  she  intends  to  fulfil  them  in  the  future.  She 
knows  that  the  re-organization  of  the  States  in  rebellion 
carries  with  it  consequences — which  come  home  to  the  fire- 
sides and  the  consciences  of  her  own  children.  For,  as 
citizens  of  the  Union,  they  become  liable  to  assume  the 
defence  of  those  governments,  when  re-organized,  against 
every  menace,  whether  of  foreign  invasion  or  of  domestic 
violence.  Her  bayonets  may  be  invoked  to  put  down  insur- 
gents of  whatever  color ;  and  whatever  the  cause,  whether 
rightful  or  wrongful,  which  may  have  moved  their  discon- 
tent. And,  when  they  are  called  for,  they  will  march.  If 
she  were  capable  of  evading  her  duty  now,  she  would  be 
capable  of  violating  her  obligations  hereafter.  If  she  is  anx- 
ious to  prevent  grave  errors,  it  is  because  she  appreciates, 
from  her  past  experience,  the  danger  of  admitting  such 
errors  into  the  structure  of  government.  She  is  watchful 
against  them  now,  because  in  the  sincere  fidelity  of  her  pur- 
pose, she  is  made  keenly  alive  to  the  duties  of  the  present, 
by  contemplating  the  inevitable  responsibilities  of  the  future. 
In  sympathy  with  the  heart  and  hope  of  the  nation,  she 
will  abide  by  lier  faith.  Undisturbed  by  the  impatient, 
undismayed  by  delay,  "with  malice  towards  none,  with 
charity  for  all ;  with  firmness  in  the  right,  as  God  gives  us 
to  see  the  right,"  she  will  persevere.  Impartial,  democratic, 
constitutional  liberty  is  invincible.  The  rights  of  human 
nature  are  sacred ;  maintained  by  confessors,  and  heroes, 
and  martyrs ;  reposing  on  the  sure  foundation  of  the  com- 
mandments of  God. 

"Through  plots  and  counterplots  ; 
Through  gain  and  loss  ;  through  glory  and  disgrace  ; 
Along  the  plains  where  passionate  Discord  rears 
Eternal  Babel ;  still  the  holy  stream 
Of  human  happiness  glides  on ! 

)lf  St:  *  Iff  :t: 

There  is  One  above 
Sways  the  harmonious  mystery  of  the  world." 

Gentlemen : — For  all  the  favors,  unmerited  and  unmeas- 
ured, which  I  have  enjoyed  from  the  people  of  Massachu- 
setts ;  from  the  councillors,  magistrates  and  officers  by  whom 
I  have  been  surrounded  in  the  government ;  and  from  the 
members  of  five  successive  Legislatures ;  there  is  no  return 
in  my  power  to  render,  but  the  sincere  acknowledgments  of 
a  grateful  heart. 


422 


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62 


THE 


CIVIL    GOVERNMENT 


Ccutntontotaltlj  of  Passacjjusetts, 


AND    OFFICERS    IMMEDIATELY    CONNECTED    THEREWITH, 
FOR    THE    POLITICAL    YEAR 

18  6  6. 


EXECUTIVE      DEPARTMENT 


HIS     EXCELLENCY 

ALEXAI^DEE    H.   BULLOCK, 

GOVEKNOR. 
HENRY  WARE,  Private  Secretary. 


HIS      HONOR 

WILLIA.M     OLAFLIN, 

LIEUTENANT-GOVERNOR. 


COUNCIL  — (By  Districts.) 


I.-CHARLES  F.  DANA. 
II.— BENJAMIN  EVANS. 
III.— THOMAS  TALBOT. 
IV.— CHARLES  A.  STEVENS. 


v.— WILLIAM  N.  FLYNT. 
VI.— J.  F.  HITCHCOCK. 
VII.— JOHN  S.  BRAYTON. 
VIII.— LEVI  L.  GOODSPEED. 


OLIYEE      WARI^ER, 

Secret.vry  of  the  Commonwealth. 
CHARLES  W.  LOVETT,  Is^  Clerh.        ALBERT  L.  FERNALD,  2d  Clerh. 


JACOB     H .     LOUD, 

Treasurer  and  Receiver-General. 
DANIEL  H.  ROGERS,  1st  Clerk.        ARTEMAS  IIAR:M0N,  2<l  Clerk. 


OHESTEE     I.     EEED, 

Attorney-General. 
JAMES  C.  DAVIS,  Chrk. 


IIEI^EY     S.    BEIGGS, 

Auditor  of  Accounts. 
JULIUS  L.  CLARKE,  1st  Clerk.        EDWARD  S.  DAVIS,  2d  Clerk. 


LEGISLATIVE    DEPARTMENT. 


GENERAL    COURT: 

Akraxged  IX  Accordance  with  the  District  System  of  1857. 


SENATE. 


^resident— JOSEF  II    A.   POND. 


District. 

Name  of  Senator. 

Residence. 

Fil'St    Suffolk, 

Hiram  A.  Stevens, 

Boston. 

Second     " 

Eneas  Smyth, 

(( 

Third       '• 

Edward  S.  Tobey, 

u 

Fourth     " 

Solomon  B.  Stebbins, 

u 

Fifth 

William  Brigham, 

11 

First  Essex, 

E.  R.  Mudge,       . 

Swampscott. 

Second    " 

Benjamin  C.  Perkins, 

South  Danvere. 

Third      " 

George  Foster,     . 

Andover. 

Fourth    " 

Yorick  G.  Hurd, . 

Amesbury. 

Fifth        " 

Frederic  W.  Choate, 

Beverly. 

First  Mddlesex, 

George  0.  Brastow, 

Somerville. 

Second     " 

Joseph  A.  Pond,  . 

Brighton. 

Third       " 

Alden  Leland,     . 

•1 

HoUiston. 

Fourth 

J.  W.  P.  Abbot,  . 

Westford. 

Fifth 

Johnllill,    . 

Stoneham. 

Sixth 

Tappan  Wentworth, 

Lowell. 

Central  "Worcester,     . 

Lucius  ^Y.  Pond, 

Worcester. 

438 


SENATE. 


District. 

Name  of  Senator. 

Residence. 

South-East  Worcester, 

Moses  D.  Southwick,    . 

Blackstone. 

South-West       " 

Ebenezer  Davis,  . 

Dudley. 

West                  " 

Charles  Adams,  jr.. 

North  Brookfield. 

North-East         " 

Alvah  Crocker,    . 

Fitchburg. 

East                    " 

George  S.  Ball,    . 

Upton. 

Hampshire, 

Levi  Stockbrldge, 

I^dley. 

Franklin,    . 

Roger  H.  Leavitt,* 

Charlemont. 

Hampshire  &  Franklin, 

Daniel  B.  GiUett, 

Enfield. 

West  Hampden, 

Thomas  Kneil,     . 

Westfield. 

East           " 

Henry  Alexander,  jr., . 

Sjjringfield. 

North  Berkshire, 

Paul  A.  Chadbourne,  . 

Williamstown. 

South         " 

Joseph  Tucker,    . 

Gt.  Barrington. 

North  Norfolk,   . 

Robert  M.  Morse,  jr.,   . 

West  Roxbury. 

East          " 

Elisha  C.  Monk,  . 

Stoughton. 

West        " 

Charles  Endicott,          . 

Canton. 

North  Bristol,     . 

Jacob  Ide,  jr.. 

Mansfield. 

South       " 

Edwin  L.  Barney, 

New  Bedford. 

West       " 

George  F.  Gavitt, 

Dighton. 

North  Plymouth, 

William  L.  Reed, 

Abington. 

South         " 

Everett  Robinson, 

Middleborough. 

Middle       " 

James  Howard,    . 

W.  Bridgewater. 

Cape, 

Reuben  Nickerson, 

Eastham. 

Island, 

James  Easton,  2d, 

Nantucket. 

STEPHEN  N.  GIFFC 

)RD,  Clerk.                  JAMES  B.  J 

[ILES,  Chaplain. 

JOHN  MORISSEY,  Scrgennt-aUArms. 


*  William  F.  Wilder  was  the  certified  member;  liis  se.at  was  contested  and  obtained  by  Mr. 
Leavitt. 


HOUSE    OF    REPRESENTATIVES. 


Speaker— JAMES   M.    STOXE. 


COUNTY    OF    SUFFOLK. 


Name  of  Representative. 


1st, 

2d, 

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

12th, 


"\¥ard    1,  Boston, 

TVard    2,  Boston, 

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

Ward  12,  Boston, 


John  W.  ]\Iahan, 
ISIichael  D.  Collins,  . 

Samuel  Small,  . 
John  B.  Ham,  . 
Crom-well  G.  RoweU, 

Edward  Riley, 
Bernard  Cullen, 

Augustus  O.  AUen,  . 
James  B.  Richardson, 

Horace  H.  Coolidge, 
Avery  Plumer, 

Harvey  Je^ll, 
Francis  J.  Baxter,    . 

James  J.  Flynn, 
Charles  J.  McCarthy,* 

George  A.  Shaw, 
Eben  Cutler,    . 

William  Carpenter,  . 
Newell  A.  Thompson, 

Moses  Kimball, 
Ii'a  L.  Moore,   . 

George  P.  Denny,    . 
Charles  Demond, 

Sumner  Crosbv, 

D.  j\lc.  B.  Thaxter,  . 

W.  T.  Van  Nostrand, 


Boston. 

Boston. 

ii 

Boston. 
Boston, 

n 

Boston. 

u 

Boston. 

u 

Boston. 

t( 

Boston. 
Boston. 
Boston. 

a 

Boston. 

i( 

Boston. 


Deceased :  Tacancy  not  filled. 


440 


HOUSE    OF    REPRESENTATIVES. 

COUNTY    OF    SUFFOLK— Concluded. 


District. 

Town  or  Ward. 

Name  of  Representative. 

Eesidence. 

13tb, 

(Chelsea,    .        .        .> 
}  North  Chelsea,          .  [ 
I  Wintlirop,         .         . ) 

Rufus  Trussell, 
John  Taylor,     . 

Chelsea. 

u 

COUNTY    OP    ESSEX. 


1st, 

2d, 

3d, 

4th, 
5th, 

6th, 

7th, 

Sth, 

9th, 

10th, 

11th, 
12th, 
13th, 

14th, 


r  Amesbury, 
J  Salisbury, 
1  Ward    6,    Newbury 
t     port,      . 

Andover,  . 


r  Beverly,  . 
-<  Wenhani,'. 
(  Tof)sfield, 

Danvers,  . 

(  Essex, 

\  Manchester, 

C  Georgetown, 
I  Groveland, 

Gloucester, 


•5 


IlaA-erhill, 

(  Ipswich,    . 
^  Hamilton, 

(  Wards  3  and  4,  Law- 1 
(     rence,    .         .         .  j 

5  Wards  1,  2,  and   Q,\ 
(      Lawrence,     .         .  j 

Wards  2  and  5,  Lynn, 

5  Wards  1,  6,  and  7,] 
(      Lynn,    .         .         .  | 

(  INIarblehead,  &  Ward  > 
I      5,  Salem,       .         .  j 


James  W.  Briggs,     . 
Charles  E.  Osgood,  . 


John  B.  Jenkins, 

John  I.  Baker, 
John  W.  Raymond, 

Simeon  Putnam, 

Timothy  Andrews,  jr., 

Orlando  B.  Tcnney, 

Jas.  A.  Cunningham, 
Gorham  P.  Low, 

Charles  J.  Noyes, 
David  Boynton, 

James  W.  Goss, 

Henry  Barton, . 

Edgar  J.  Sherman,  . 

Rufus  Kimball, 

John  F.  Browne, 

Charles  W.  Palfray, 
Knott  V.  Martin,    ' . 


Amesbury. 

Salisbury. 


Andover. 
Beverly. 

Danvers. 
Essex. 

Georgetown. 
Gloucester. 

u 

Haverhill. 

(( 

Ipswich. 

Lawrence. 

Lawrence. 

Lynn. 

Lynn. 

Salem. 
Marblehead. 


HOUSE  OF  REPRESENTATIVES. 

COUNTY  OF  ESSEX— Concluded. 


441 


15th, 
16th, 

17th, 

ISth, 
19th, 

20th, 

21st, 
22d, 

23d^ 

24th, 

25th, 
26th, 


Town  or  'Ward. 


(  Methuen,  and  Ward  > 
I      5,  Lawrence,         . ) 

(  Nahant,  and  "Ward  4,  7 
I      Lynn,   .         .         .  > 

( Newbury,  .         .  ^ 

■}  AVest  Newbury,         .  >- 
(Rowley,    .         .         .) 

5  Wards  1  and  2,  New-  7 
(      buryport,       .         .  ) 

5  Wards   3,   4   and  5, ) 
\      Newburyport,        .  ^ 

r  Bradford,  .         .') 

■<  North  Andover,        .  >- 
(Boxford,  .         .         .) 

■  Kockport, 

Wards  1  &  3,  Salem, 

5  Wards   2,  4  and  6,  ) 
I      Salem,  .         ,         .  | 

( Saugus,  . 
-;  Lynnfield, 
(Middleton, 

South  Danvers, 

5  Swampscott,  &  Ward  7 
I      3,  Lynn,         .         . ) 


Xamc  of  Representative.  Residence. 


John  W.  Frederick, 
Edwin  Patch,  . 

Edward  H.  Potter,   . 

Thomas  C.  Goodwin, 
R.  S.  Spoffbrd,  jr.,    . 

Henry  Carter,  . 

WUliam  Caldwell,    . 

John  H.  Batchelder, 

Saml  M.  Worcester, 
George  B.  Loring,    . 

James  N.  Merrlam,  . 

Caleb  W.  Osborn,    . 
Amos  F.  Breed, 


Methuen. 
Lynn. 

Rowley. 

Newburyport. 
Newburyjjort. 

Bradford. 

Rockpoi't. 
Salem. 

Salem. 

u 

Middleton. 

South  Danvers 
Lvnn. 


COUNTY  OF  MIDDLESEX. 


1st, 

2d, 

3d, 
4th, 


Ward  1,  Charlestown, 

CWards2&3,  Charles- 
I      town,     . 

Somerville, 
Maiden,    . 


Robert  B.  Rogei-s,    . 

James  M.  Stone, 
Charles  E.  Rogers,   . 
Jeremiah  S.  Remick, 

Fredei-ickR.  Kinsley, 

James  Pierce,  . 


Charlestown. 
Charlestown. 

u 

Somex'ville. 
Maiden. 


C3 


442 


HOUSE  OF  REPRESENTATIVES. 
COUNTY  OF  MIDDLESEX— Continued. 


Town  or  Ward. 


Name  of  Representative. 


Kesidence. 


5th, 
6th* 

7th, 

8th, 
9th,* 

10th, 

11th, 
12th, 

13th, 

14th, 
15th, 

16th, 

17th, 

18th, 
19th, 
20th, 


Medford,  . 

(  West  Cambridge 
\  Winchester, 


Cambridge, 


^  Ne-svton,    . 
\  Brighton, . 

(  Watertown, 
I  Waltham, 

!  Concord,  . 
Lincoln,  . 
Weston,    . 

Natick,     . 

(  HoUiston, 
(  Sherborn, 

(  Ashland,  . 
(  Hopkinton, 

Framlngham, 

Marlborough, 

(  Stow, 

4  Sudbury,  . 

{  Wayland, 

r  Acton, 
J  Boxborough, 
1  Littleton, . 

l_  CarUsle,    . 

(  Burlington, 

-^Bedford,   . 
(  Lexington, 

AVoburn,  . 

5  South  Reading 
Meh'ose,   . 
Stoneham, 


Benjamin  H.  Davis, . 

Joseijh  S.  Potter, 

George  P.  Carter,  . 
George  S.  Saunders, 
Isaac  S.  Morse, 

Thomas  Rice,  jr., 
David  H.  Mason, 

Emory  W.  Lane, 
Jesse  A.  Locke, 

George  Heywood,     . 

George  L.  Sawin, 
Orrin  Thomson, 

Edwin  S.  Thayer,     . 

Alexander  R.  Esty,  . 
Nahum  Witherbee,  . 

Charles  R.  Damon,  . 
Calvin  Heald,  . 

AVilliam  Winn, 

Joseph  G.  Pollard,    . 

Rufus  Smith,     . 
John  Kingman, 


Medford. 

W.  Cambridge. 

Cambridge. 

Newton. 


Waltham. 
Watei-town. 


Concord. 

Natick. 
HoUiston. 

Hopkintor^ 

Framingham. 
INIarlborough. 

Way  land. 

Carlisle. 

Burlington. 

Woburn. 

Melrose. 
Stoneham. 


*Town  of  Belmont  incorporated  1859,  embracing  portions  of  Districts  6  and  9. 


HOUSE    OF    REPRESENTATIVES. 
COUNTY    OF    MIDDLESEX— Concluded. 


443 


21st, 


22d, 


23d, 


24th, 


25th, 


26th, 


27th, 


Town  or  Ward. 


(  Readincr,  . 

I  North  Reading, 

(  Wihnington, 
■<  Tewksbury, 
(  Billerica,  . 


Wards  1,  2,  and  5, 
Lowell, 


(Wards  3,  4,  and  6, 
\     Lowell, 


Chelmsford, 

Dracut, 

Tyngsborough, 

Shirley,     . 

Groton, 

Dunstable, 

Westlbrd, 

Pepperell, 

(  Townsend, 
I  Ashby,      . 


Name  of  Representative.  Residence 


William  Proctor, 


Richard  Tolman, 


Sullivan  L.  Ward, 
Foster  Wilson, . 
Lorenzo  D.  Cogswell,* 

John  F.  Manahan, 
Zina  E.  Stone, . 
Ilocuni  Hosford, 


Christopher  Roby, 


George  W.  Fletcher, 
B.  F.  Taft, 


Geo.  L.  Hitchcock, 


Readino;. 


Tewksbury. 


Lowell. 


Lowell. 


Chelmsford. 


Dunstable. 
Groton. 


Ashby. 


COUNTY    OF    WORCESTER. 


1st, 

(  Ashburnham,    . 
\  Winchendon,    . 

Giles  II.  Whitney,    . 

Winchendon. 

2d, 

5  Athol,       . 
1  Royalston, 

William  W.,Clement, 

Royalston. 

3d, 

(  Dana, 

4  Petersham, 
(  Pliillipston, 

Jason  Gonlding, 

Phillipston. 

4th, 

(  Tempi eton, 

1  Ilubbardston,    . 

William  Smith, 

Templeton. 

5th, 

(  Gardner,  . 

I  Westminster,    . 

A.  A.  Bent,       . 

Gardner. 

*  William  T.  McNeill  was  the  certified  representative ;  liis  seat  was  contested  and  obtained 
by  Mr.  Cogswell. 


444 


HOUSE    OF    REPRESENTATIVES. 

COUNTY    OF    WORCESTER— Continued. 


6th, 

7tli, 

8tb, 

9th, 

10th, 

11th, 

12th, 
13th, 

14th, 

loth, 

16th, 

17th, 
ISth, 

19th, 

20th, 


r  Fitchburg, 
J  Leominster, 
I  Sterling,   . 
[^  Lunenburg 

r  Harvard,  . 
<  Bolton, 
(Berlin,      . 

(  Clinton,  . 
\  Lancaster, 

C  Princeton, 
■^  Rutland,  . 
(  Oakham,  . 

(  Barre, 

\  Hardwick, 


(  Warren,   . 

<  AYest  Brookfield, 

(New  Braintree, 

(  North  Brookfield, 
I  Brookfield, 


^  Leicester, 
I  Spencer,  . 

fWestBoylston, 
■<  Holden,    . 
( Paxton,    . 

(  Shrewsbury, 
■}  Northborough, 
(Boylston,  . 

f  Westborough, 
\  Southborougli, 

Grafton,   . 

(  Northbi'idge, 
\  Upton, 

Milford,    . 

J  Uxbridge, 
(  Mendon,  . 


Isame  of  Representative.     |         Ecsidence. 


Henry  A.  Willis, 
John  H.  Lockcy, 
Reuben  W.  Snow,    . 


Abel  W.  Longley,    . 

Charles  M.  Bowers,  . 

Alonzo  Davis,  . 

Samuel  S.  Dennis,    . 

Nathan  Richardson, . 

Josiah  F.  Hebard,     . 
Josephus  Woodcock, 

Theron  E.  Hall, 

Charles  O.  Green,     . 

J.  A.  Fayerweather, 
S.  Davis  Hall,  . 
Arba  T.  Wood, 


J  ;  Zibeon  C.  Field, 
I     Joseph  Hancock, 


Rushton  D.  Burr, 


Fitchburg. 

Leominster. 

Luneuburs;. 


Berlin. 

Clinton. 

Rutland. 

Hardwick. 

Warren. 

N.  Brookfield. 
Leicester. 

Holden. 

Shrewsbury. 

Westborough. 
Grafton. 
Northbridge. 
Milford. 

Uxbridw. 


HOUSE  OF  REPRESENTATIYES. 

COUNTY  OF  WORCESTEIU-Concluded. 


U5 


Town  or  Ward. 


21st, 
22d, 

23d, 

24tli, 

25tb, 

26th, 

27tli, 

28th, 

29th, 
30th, 


Blackstone, 

(  Webster,  . 
I  Douglas,  . 

(  Southbridge, 
}  Dudley,    . 

(  Charlton, . 
I  Sturbridge, 

r  Oxford,    . 
-<  Sutton, 
(MUbmy,  . 


(  Auburn,   and   AVard  ) 
I      6,  Worcester,         .  ]" 

5  Wards  1  and  2,  Wor-  7 
(     cester,  .         .         .  | 


Wards  3  and  8,  Wor- 
cester, . 

Wards  4  and  5,  Wor- 
cester, . 

Ward  7,  Worcester, 


:} 


Kamc  of  Representative. 


Residence. 


Hiram  Daniels, 
Gardner  Chase, 

John  E.  Davis, 

Albert  C.  Willard, 


Charles  A.  Angell,    . 
Solomon  D.  King,     . 


T.  E.  St.  John, 

George  R.  Peckham, 

Fitzroy  Willard, 

:M.  J.  McCafferty,     . 
P.  Emory  Aldrich,    . 


Blackstone. 
Douglas. 

Dudley. 

Charlton. 


Oxford. 
Sutton. 


Worcester. 

Worcester. 

Worcester. 

Worcestei'. 
Worcester. 


COUNTY  OF  HAMPSHIRE. 


1st, 


2d, 


3d, 


4th, 


f  Easthampton, 

Hatfield,  . 
j  Northampton, 
L  Southampton, 


r  Chesterfield, 
J  Huntington, 
j  Westhampton, 
1^  Williamsburg, 

'  Cummington, 
Goshen,    . 
Middlefield, 
Plainfield, 

_  Worthington, 

(Hadley,    . 
(  South  Hadley, 


Lewis  J.  Dudley, 
Edmund  II.  Sawyer, 


Thomas  Nash, 


Arnold  Pease, 


Andrew  T.  Judd, 


Northampton. 
Easthampton. 


Williamsburg. 


IMiddlefield. 


South  Iladl 


ey. 


446 


HOUSE  OF  REPRESENTATIVES. 

COUNTY  OF  HMIPSHIRE— Concluded. 


District. 

Town  or  Ward. 

Kame  of  Representative. 

Residence. 

5th, 
6th, 

r Amherst,  .         .        .") 
-|  Granbv,    .         .         .  >■ 
(Pelham,    .         .         .) 

rBelchertown,    . 

Enfield,  . 
<  Greenwich,       .         .   - 

Prescott,  . 
.Ware,       . 

John  Jones, 

William  E.  Lewis,    . 
Joseph  Root,     . 

Pelham. 

Ware. 
Enfield. 

COUNTT  OF  HAI^IPDEN. 


1st, 

2d, 
3d, 

4th, 

5th, 

6th, 

7th, 

8th, 

9th, 
10th, 

11th, 


fBrimfield, 

J  Monson,  . 
1  Holland,  . 
t  Wales,      . 

Palmer,    . 

(  Wilbraham, 
\  Longmeadow,   . 

(  Wards  1  &  2,  Spring- 
I     field,     . 

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

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

(  Chicopee,. 
I  Ludlow,    . 

(  Holyoke,  . 

(  West  Springfield, 

C  Agawam,  . 
<  Southwick, 
(  Granville, 

Westfield, 

'  Chester,    . 

Blandford, 

Tolland,    . 

Montgomery,    . 
.  Russell,     . 


James  B.  Brown, 

Ephraim  B.  Gates,    . 
John  M.  INIerrick, 

Horace  J.  Chapin,     . 

Chas.  A.  Winchester, 

Pliny  Wood,     . 

Emerson  Gaylord,    . 
George  H.  Knapp,    . 

Justin  L.  Worth)',     . 

Edward  K.  Bodurtha, 
James  R.  Gladwin,  . 

Elizur  D.  Moore, 


Brimfield. 

Palmer. 
Wilbraham. 

Springfield. 

Springfield. 

Springfield. 
Chicopee. 

W.  Springfield. 

Agawam. 
Westfield. 

Tolland. 


HOUSE  OF  REPRESENTATIVES. 

COUNTY   OF   FRANKLIN. 


447 


1st, 

2d, 

3d, 
4th, 

5th, 

6th, 
7th, 


Bemardston, 
Colrain,    . 
j  Greenfield, 


Gill, 
Leyden,    . 
Shelburne, 


'Buckland, 
Charlemont, 
Heath, 
Monroe,    . 
Rowe, 

rAshfield,  . 
-;  Conway.  . 
(Hawley,   . 

(  Deerfield, 
I  Whately, . 

{Leverett,  . 
Shutesbury, 
Sunderland, 
WendeU,  . 

Erving,  . 
Montague, 
Northfield, 

New  Salem, 
Orange,    . 
Warwick, 


Name  of  Representative.  Residence. 


Hugh  B.  Miller, 
Josiah  D.  Canning, 


Samuel  P.  Everett, 


David  S.  Howes, 


David  A.  Strong, 


Luther  Dudley, 


Thomas  Metcalf, 


Increase  S.  Lincoln, . 


Colrain. 
GiU. 


Rowe. 


Ashfield. 


Deerfield. 


Leverett. 


Northfield. 


Warwick. 


COUNTY   OF   BERKSHIRE. 


1st, 

'  Hancock, .         .         .1 
Lanesborough, .         .  ! 
New  Ashford,  .         .  { 

.Williamstown,  .         .J 

'Adams,     . 

Noble  F.  Roys, 

New  Ashford. 

2d, 

Cheshire,  . 
-   Clarksburg,       .         .   - 
1  Florida,    . 
L Savoy,       .         .         .J 

Sylvander  Johnson, . 
George  INIillard, 

Adams. 

448 


HOUSE  OF  REPRESENTATIVES. 

COUNTY    OF   BERKSHIRE— Concluded. 


Towu  or  City. 


Kamc  of  Representative. 


3d, 

4th, 

5tli, 
6th, 
7th, 

8th, 

9th, 


(Pittsfield, . 
■}  Daltou,  . 
(  Richmond, 

Becket,  . 
Hinsdale, . 
Peru, 

Washington, 
AVindsor,  . 

(  Lenox, 

<  Stockbridge, 

(West  Stockbridge, 

5  Lee, . 

(  Tyringham, 

5  Great  Barrington, 
Alford,      . 
Monterey, 

(  New  Marlborough, 
■<  Sandisfield, 
(  Otis, 

(  Sheffield,  . 

■}  ]\Iount  Washington, 

{  Egremont, 


John  C.  West,  . 
Sam'l  W.  Bowerman, 


Moses  M.  Longley,    . 

Thomas  Post,    . 
Marshall  Wilcox, 
Mark  R.  Yan  Deusen, 

Alanson  Crittenden, . 

Ralph  Little,    . 


Pittsfield. 


Washington. 


Lenox. 


Lee. 


Alford. 


Otis. 


Sheffield. 


COL^'TY  OF  NORFOLK. 


1st, 

Dedham,  . 

Thos.  L.  Wakefield, . 

Dedham. 

2d, 

West  Roxbury, 

AVilliam  J.  R.  Evans, 

West  Roxbury. 

3d, 

Brookline, 

John  W.  Candler,     . 

Brookline. 

4th, 

Roxbury,  .         .         .  < 

John  Carruthers, 
William  Seaver, 
Solomon  Thomas, 

Roxbury. 

u 

5th, 

Dorchester,       .         .  ■< 

Henry  L.  Pierce, 
James  H.  Upham,*  . 

Dorchester. 

6th, 

Quincy,    . 

John  Quincy  Adams, 

Quincy. 

7th, 

Braintree, 

Asa  French,     . 

Braintree. 

*  Vice,  Charles  B.  Fox,  resigned. 


HOUSE   OF  REPRESENTATIVES. 
COUNTY  OF  NORFOLK— Concluded. 


449 


District. 

Town  or  City. 

Kame  of  Representative. 

Residence. 

8th, 

Weymouth,       .         .  < 

Cottington  Nash, 
Benjamin  F.  Pratt,  . 

Weymouth. 

9th, 

Randolph, 

John  Adams,    . 

Randolph. 

10th, 

Stoughton, 

Jonathan  R.  Gay,     . 

Stoughton. 

11th, 

f  Canton,     .         .         ."] 
]  INIilton,      .         .         .1 
1  Walpole,  . 
[_  Sharon,     . 

John  M.  Merrick,     . 
George  Vose,    . 

AValpole. 
Mlton. 

12th, 

( Foxborough,     .         . ") 
4  Wrentham,        .         .  V 
(Medway,  .         .         .) 

Ezra  Carpenter, 
Philander  P.  Cook,  . 

Foxborough. 
AVrentham. 

13th, 

(  Franklin, .         .         .  ) 
I  Bellinghara,       .         .  | 

William  Fairbanks,  . 

Bellingham. 

14th, 

( Needham,          .         . ) 
}  Medfield,  .         .         S 
( Dover,      .         .         . ) 

George  K.  Daniell,  . 

Needham. 

.  COUNTY  OF  BRISTOL. 


1st, 

J  Pawtueket, 

(  Attleborough,  . 

} 

John  Daggett,  . 
E.  Ira  Richards, 

Attleborough. 

(1 

2d, 

'_  ■  ]\Iansfield, 
'  Norton,     . 

} 

Erastus  M.  Reed, 

Mansfield. 

3d, 

( Easton,     . 
l  Raynham, 

} 

Theodore  Dean, 

Raynham. 

4th, 

Taunton,  . 

! 

Willard  Lovering,    . 
Charles  F.  Johnson, . 
James  Brown,  . 

Taunton. 

5th, 

(  Rehoboth, 
(  Seekonk, . 

\ 

John  Hunt, 

Seekonk. 

6th, 

f  Dighton,  . 
-<  Somerset, . 
(  Swanzey, . 

1 

Ezra  P.  Short, . 

Swanzey. 

7th, 

Fall  River, 

1 

Josiah  C.  Blaisdell,  . 
John  B.  Hathaway,  . 

Fall  River. 

64 


450 


HOUSE   OF  REPRESENTATIVES. 
COUNTY  OF   BRISTOL— Concluded. 


District. 

Town  or  Ward. 

Name  of  Representative. 

Kcsidence. 

8th, 

Westport, 

Andrew  Hicks, 

Westport. 

9th, 

Dartmouth, 

Calvin  K.  Turner,  2d, 

Dartmouth. 

10th, 

j  Wards  1  and  2,  New  t 
}      Bedford,        .         .  ^ 

William  Bosworth,    . 
Ebenezer  L.  Foster, 

New  Bedford. 

u 

11th, 

5  Wards  3,  4,  5  and  6 
I      New  Bedford, 

:! 

Elijah  II.  Chisholm, . 
Isaac  H.  Coe,    . 
Joshua  C.  Stone, 

NcAv  Bedford. 

u 

12th, 

C  Acuslmet, 
j  Berkley,    . 
1  Freetown, 
[^  Fairhaven, 

V 

Charles  Bryant, 
Giles  L.  Leach, 

Fairhaven. 
Berkley. 

COUNTY  OF  PLYMOUTH. 


1st, 

2d, 
3d, 

4th, 

5th, 

6th, 

7th, 

8th, 

9th, 
10th, 


fHuU, 

4  Cohasset,  . 
(  Scituate,  . 

Hingham, 

^  South  Scituate 
I  Hanover,  . 

(  Marshfield, 
I  Pembroke, 

(  Duxbury, . 
I  Kingston, 

(  Plymouth, 
(  Carver, 

(  Wareham, 
( Marion,     . 

C  Mattapoisett, 
^  Rochester, 
(  Lakeville, 

Middleborough, 


( Bridgewater,     . 
I  West  Bridgewater, 


Billings  Merritt, 

DeWitt  C.  Bates,     . 

Samuel  Tolman,  jr.,* 

William  Harrington, 

Jabez  Keep, 

Charles  C.  Dotcn,     . 
John  Eddy, 

Timothy  F.  Clary,    . 

Israel  F.  NIckcrson, . 

Andrew  C.  Wood,    . 
Lucius  W.  Lovell,     . 


Scituate. 

Hingham. 
South  Scituate. 

Marshfield. 

Duxbury. 
Plymouth. 

Wareham. 

Rochester. 

Middleborough. 
Bridsrewatcr. 


*  Vice,  Edward  Southworth,  resigned. 


HOUSE  OF  REPRESENTATIVES. 

COUNTY   OF   PL YJIOUTH— Concluded. 


District. 

Town. 

Kame  of  Representative. 

Residence. 

11th, 

(  East  Bridgewater, 
\  North  BridgcAvater, 

■} 

William  Vinton, 
Jonathan  White, 

E.  Bridgewat'r. 
N.  Bridgewat'r. 

12th, 

Abington, 

■I 

Jonathan  Arnold,  jr., 
Henry  A.  Noyes. 

Abington. 

it 

13th, 

( Hanson,    . 

^Halifax,    . 
(  Plymjjton, 

■■I 

Timothy  G.  Brainerd, 

Halifax. 

COUNTY   OF  BARNSTABLE. 


1st, 

r  Barnstable,        .         .") 
■<  Sandwich,         .         .  >- 
( Falmouth,         .         . ) 

Samuel  L.  Leonard,'. 

Silas  Jones, 

Isaac  K.  Chipman,    . 

Barnstable. 

Falmouth. 

Sandwich. 

2d, 

f  Yarmouth,         .         . ") 
.  Dennis,     .         .         .  1 
'  Harwich,  .         .         .  j 
l_  Chatham, .         .         .J 

Joseph  Hall, 
Solomon  Thacher,     . 
Edmund  Flinn, 

Dennis. 

Harwich. 

Chatham. 

3d, 

( Brewster, .         .         .^ 
-<  Orleans,    .         .         .  > 
(  Eastham,  .         .         . ) 

Trueman  Doane, 

Orleans. 

4th, 

rWellfleet,.        .         .^ 
■<  Trui-o,       .         .         .  >- 
(  Provincetown,  .         . ) 

Freeman  A.  Smith,  . 
Nathaniel  H.  Dill,     . 

Provincetown. 
Wellfleet. 

DUKES   COUNTY. 


One.* 


(  Edgartown, 
-^  Tisbury,   . 
(  Chilmark, 


David  Davis, 


Edsrartown. 


COUNTY   OF  NANTUCKET. 


One. 


Nantucket, 


Isaac  H.  Folger, 
Joseph  IVIitchell,  2d, . 


Nantucket. 


451 


WILLIAM  S.  ROBINSON,  Clerk.         |      JOHN  MORISSEY,  Serffeant-a(-Arms. 
N.  M.  GAYLORD,  ChapMn. 


*  Town  of  GosNOLD  incorporated,  1864,  from  former  portion  of  Chilmark.    Suffrage  rights 
unchanged  until  new  apportionment. 


JUDICIAL     DEPAUTMENT. 


SUPREME  JUDICIAL  COURT 

CHIEF   JUSTICE. 

GEORGE  T.  BIGELOW,  of  Boston. 

ASSOCIATE   JUSTICES. 

CHARLES  A.  DEWEY,  of  Northampton. 
EBENEZER  R.  HOAR,  of  Concord. 
REUBEN  A.  CHAPMAN,  of  Springfield. 
HORACE  GRAY,  Jr.,  of  Boston. 
JAMES  D.  COLT,*  of  Pittsfidd. 


SUPERIOR   COURT. 

CHIEF   JUSTICE. 

CHARLES  ALLEN,  of  Worcester. 

ASSOCIATE   JUSTICES. 

JULIUS  ROCKWELL,  of  Pittsficld. 
OTIS  P.  LORD,  of  Salem. 
MARCUS  MORTON,  of  Andover. 
EZRA  WILKINSON,  of  Dedham. 
HENRY  VOSE,  of  Boston. 
SETII  AMES,  of  Cambridge. 
THOMAS  RUSSELL,  of  Boston. 
JOHN  P.  PUTNAM,  of  Boston. 
LINCOLN  F.  BRIGHAM,  of  Boston. 

*Vice,  Theron  Metcalf,  resigned,  August  31, 1865. 


JUDICIAL  DEPARTMENT. 


JUDGES  OF  PROBATE  AND  INSOLVENCY. 


ISAAC  AMES,  Boston,    .... 
GEORGE  F.  CHOATE,  Salem, 
WILLIAM  A.  EICHARDSOX,  Cambridge, 
HENRY  CHAPIN,  Worcester, 
SAMUEL  F.  LYMAN,  Northampton,      . 
WILLIAM  S.  SHURTLEFF,  Springfield, 
CHARLES  MATTOON,  Greenfield, 
JAMES  T.  ROBINSON,  (North)  Adams, 
GEORGE  WHITE,  Needham,  . 
WILLIAM  H.  WOOD,  Middleborough,  . 
EDMUND  H.  BENNETT,  Taunton,       . 
JOSEPH  M.  DAY,  Barnstable, 
THEODORE  G.  MAYHEW,  Edgartown, 
EDWARD  M.  GARDNER,  Nantucket,    . 


Suffolk. 

Essex. 

Middlesex. 

Worcester. 

Hampshire. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Plymouth. 

Bristol. 

Barnstable. 

Dukes. 

Nantucket. 


DISTRICT-ATTORNEYS. 

GEORGE  P.  SANGER,  Boston, Suffolk, 

ISAAC  S.  MORSE,  Cambridge, Northern. 

ALFRED  A.  ABBOTT,  South  Danvers, Eastern. 

EDWARD  L.  PIERCE,  Milton, South-Eastern. 

GEORGE  MARSTON,  Barnstable, Southern. 

HARTLEY  WILLIAMS,  Worcester, Middle. 

EDWARD  B.  GILLETT,  Westfield, Western. 

SAMUEL  T.  SPAULDING,  Northampton North-Western. 


SHERIFFS. 

JOHN  M.  CLARK,  Boston,      .... 
HORATIO  G.  HERRICK,  Lawrence,      . 
CHARLES  KIMBALL,  Lowell, 
JOHN  S.  C.  KNOWLTON,  Worcester, . 
HENRY  A.  LONGLEY,  Northampton,  . 
FREDERICK  BUSH,  Springfield,    . 
SAMUEL  H.  REED,  Greenfield,      . 
GRAHAM  A.  ROOT,  Sheffield, 
JOHN  W.  THOMAS,  Dedham,       . 
CHARLES  B.  H.  FESSENDEN,  New  Bedford, 
JAMES  BATES,  Plymouth,     .... 
DAVID  BURSLEY,  Barnstable,      . 
SAMUEL  KENNISTON,  Edgartown,     . 
JOSEPH  McCLEAVE,  Nantucket, . 


Suffolk. 

Essex. 

Middlesex. 

Worcester. 

Hampshire. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Bristol. 

Plymouth. 

Barnstable. 

Dukes. 

Nantucket. 


454 


MEMBERS    OF    CONGRESS. 


CLERKS  OF  COURTS. 

GEORGE  C.  WILDE,  Boston,  Supreme  Judicial  Court, 
JOSEPH  A.  WILLARD,  Boston,  Superior  Court,  Civil  T., 


FRANCIS  H.  UNDERWOOD,  Boston,  Crim 
ASAHEL  HUNTINGTON,  Salem, 
BENJAMIN  F.  HAM,  Cambrid{,'e,  . 
JOSEPH  MASON,  Worcester,  . 
AVILLIAM  P.  STRICKLAND,  Northampton 
GEORGE  B.  MORRIS,  Springfield, 
GEORGE  GRENNELL,  Greenfield, 
HENRY  W.  TAFT,  Lenox,     . 
EZRA  W.  SAMPSON,  Dedhani,     . 
SIMEON  BORDEN,  Fall  River,      . 
WILLIAM  H  WHITMAN,  Plymouth,    . 
JAMES  B.  CROCKER,  Yarmouth, . 
RICHARD  L.  PEASE,  Edgartown, 
GEORGE  COBB,  Nantucket,  . 


nal  T., 


(  Suffolk,  and,  by 
<     app't  of  Justices, 

(     forCOMMON'LTH. 

>  Suffolk. 

Essex. 

Middlesex. 

Worcester. 

IIampshike. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Bristol. 

Plymouth. 

Barnstable. 

Dukes. 

Nantucket. 


MEMRERS  OF  THE  THIRTY-NINTH  CONGRESS. 


SENATORS. 

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

REPRESENTATIVES. 

District    I.— THOMAS  D.  ELIOT,  of  Neio  Bedford. 
IL— OAKES  AMES,  of  Easton. 
HL— ALEXANDER  II.  RICE,  of  Boston. 
IV.— SAMUEL  HOOPER,  of  Boston. 
v.— .JOHN  B.  ALLEY,  of  Lynn. 
VI.— NATHANIEL  P.  BANKS,  of  Waltham. 
VII.— GEORGE  S.  BOUTWELL,  of  Groton. 
VIIL— JOHN  D.  BALDWIN,  of  Worcester. 
IX.— WILLIAM  B.  WASHBURN,  of  Greenfield. 
X.— HENRY  L.  DAWES,  of  Pittsfield. 


Commoitfoealtjj  of  Hhssudjusetts. 


Secretaey's  Department,  Boston, 
August  1, 1866. 

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

OLIVER  WARNER, 

Secretary  of  the  Commomvealtk. 


INDEX. 


A. 

Abatement  of  Xuisances,  action  for,  in  certain  cases,  . 
Academy,  Lenox,  concerning  Trustees  of,        . 

"         Wesleyan,  in  Wilbraham,  Trustees  may  hold  estate, 
Adams  "Water  Company,  North,  in  aid  of,         . 
Address,  Inaugural,  of  Governor,  .... 

"        Valedictory,  of  late  Governor, 
Addresses  of  Governor  to  Executive  Council,  . 
Adjutant-General,  salary  of,  established, 

Administrators,  concerning,        ..... 
Agawam,  Taxation  of  certain  Lands  in,  concerning,     . 
Agent  Board  of  Education,  concerning  salary  of, 

"        "      of  Slate  Charities,  salary  of  established, 
Agricultural,  flowage  of  Cranberry  Lands  for  purposes, 
Agricultural  Societies,  relating  to,         . 

"  "  certain,  may  draw  bounty. 

Agricultural  Society,  Plymouth  County,  Annual  Exhibition,  . 
Agriculture,  Board  of.  College  and  State  Cabinet,  concerning, 
Alewive  Fishery  in  Taunton  Great  River,  city  may  sell. 
Alien  Passengers  on  vessels  from  without  U.  S.,  concerning. 
Almshouse  at  Bridgewater,  State,  in  favor, 
American  Advent  Mission  Society,  incorporated, 

"        Board  of  Commissioners  for  Foreign  Missions,  concerning. 

'*        Linen  Company,  may  increase  capital,  and  hold  estate, 

"         Railroad  Construction  and  Land  Company,  incorporated, 
Amherst  Branch  Railroad,  location  and  construction, 
Amusement,  Public  places  of,  equality  of  persons  in,  . 
Annual  Reports  of  Towns  and  Cities,  relating  to, 
Antietam  National  Cemetery,  relating  to,  . 

Apprehension  of  Offenders,  municipalities  may  offer  rewards  for, 
Appkopriations  : 

Maintenance  of  Government  during  current  year, — 
Legislative,  Executive,  Secretary's,  Treasurer's  and  Tax  Com- 
missioner's,   Auditor's,     Attorney-General's,    Agricultural, 
Educational  and  Military  Departments,  Insurance  Commis- 
sioners and  Board  of  State  Charities, 

G5 


Page  IGi 

62 

69 

65 

327 

400 

365 

276 

80 

123 

110 

276 

160 

136 

301 

14 

248 

33 

273 

312 

63 

133 

17 

68 

227 

242 

140 

321 


5-8 


11 


INDEX. 


Appropriations — Concluded. 

Maintenance  of  Government,  additional, — 
Supreme    Judicial,    Superior,   Probate    and   Insolvency   and 
Police  Courts,  District-Attorneys  and  Attorney  before  U.  S. 
Court  in  case  of  writ  of  error,  .  .  .  Page  10-14 

From  Punds  and  Incomes  mentioned,  to  wit :    Rogers  Book, 
Todd   Normal    Scbool    and  Indian    School,  incomes  ;    and 
Charles  lliver  and  Warren  Bridge  Fund  and  Essex  Bridge 
tolls,      ........ 

ilaintenance  of  Government,  further  additional, — 
Legislative,    Executive,    Military   and   Agricultural    Depart- 
ments, State  House,  Printing  and  Miscellaneous  and  Inci- 
dental Expenses,  ...... 

Prom  Moiety  of  Income  of  School  Pund  applicable  to  Educa- 
tional Purposes  :   Board  of  Education  and  Agents,  Normal 
Schools,  Teachers'  Associations  and  Institutes,  American 
Institute,  Indian  Schools,  ..... 

Expenditures  authorized  in  1865  and  previous  years  :  Legisla- 
tive,  Executive,   Agricultural   and   Military   Departments ; 
Charitable,  Reformatory  and  Correctional;  Public  Buildings, 
State  House  expenses,  Printing  and  Miscellaneous,  . 
Expenses  for  current  year,—r 
Almshouses,  Hospital  at  Rainsford  Island,  Lunatic  Paupers, 
Reform  and  Nautical  Schools,  Charitable,  Reformatory  and 
Correctional,  and  Military,       .  ,  .  .  . 

Surgeon-General,    Quartermaster   and  Master   of   Ordnance 

Departments,  and  cutlery  for  House  of  Representatives,      .        75,  7G 
Expenditures  authorized  present  year,  certain,  and  for  other 

purposes,  .....       278-287,  and  289-291 

Antietam  National  Cemetery, 
Attorney-General,  expenses  of  in  certain  suits, 
Commissioner  on  claims  for  Coast  Defences, 
Fence  at  State  Arsenal,   . 
Fox,  Charles  B.,  .... 

Ilaupt,  Herman  &  Co.,  claims  of, 
Lewis,  Milton,       .... 

McNeill,  William  T.,        . 
Rhode  Island,  for  soldier's  allotment, 
Southworth,  Edward, 
State  Primary  School, 
State  Work-House, 
Troy  and  Greenfield  Railroad,    . 
Wilder,  William  P.,         . 
Arms  Company,  Rollin  White,  may  change  name. 
Arrest  of  offenders,  municipalities  may  offer  rewards  for, 
Arsenal,  State,  fence  at  to  be  erected,  . 
Assessment  of  Taxes,  concerning, 
Assistant-Clerks  of  Legislature,  compensation  of. 
Assistant  District-Attorney,  Suffolk  County,  salary  of. 


32 


42-46 


47 


53-56 


59-61 


321 
320 
313 
317 
300 
321 
308 
293 
307 
302 
1G3 
143 
274 
310 
243 
8 
317 
118 
324 
277 


INDEX. 


Ill 


Association,  Boston  Wesleyan,  may  hold  estate, 

"  Dukes  County  Educational,  relating  to,  . 

"  Freemason's  Ilall,  in  Haverhill,  incorporated,     . 

"  Kenoza  Riding  Park,  in  Haverhill,  incorporated, 

'*  Public  Library,  of  Hinsdale,  incorporated, 

"  Waverly  Masonic,  in  Melrose,  incorporated, 

"  Worcester  Lyceum   and  Library,  name   changed   and 

charter  amended,      ...... 

Associations,  Co-operative,  relating  to  formation  of,    .  . 

"  with  limited  liability,  commission  respecting,     . 

Assurance  Company,  State  Mutual  Life  of  Worcester,  real  estate. 

Asylum  for  the  Blind,  Massachusetts,  in  aid,    . 

Asylum,  Temporary,  for  Discharged  Female  Prisoners,  concerning. 

Athenaeum,  Fellowes,  in  Koxbury,  Trustees  incorporated, 

Attorney-General  to  commence  suit  to  determine  title  to  certain  bonds, 
"  "        to  appear  in   the   Supreme    Court   of  the   United 

States  in  certain  cases,         ...... 

Attorney-General,  Salary  of,  established,  .  .  .  . 

Auditor,  Salary  of  established,  ...... 

Auditor's  Department,  second  clerk  in,  authorized,      .  . 


Page  114 

37 

129 

100 

19 

3 

234 
270 
312 

21 
303 
302 

19 
298 

320 

276 

276 

66 


B. 

Back  Bay,  Boston,  lands  and  drainage  in,  concerning, 
"       "  "  "     in,  rights  of  grantees,  to  protect, 

Bailey,  George,  estate  of,  trustees  may  sell, 

Ballard  Vale  Savings  Bank,  incorporated. 

Bank,  Ballard  Vale  Savings,  incorporated, 
*'      Cambridge  Savings  Institution,  in  favor, 
"      Emigrant  Industrial  Savings,  suit  in  equity  to  determine  title 

to  certain  bonds,        .... 
"      North  Bridgewater,  relating  to,  . 
"      Salem  Savings,  trustees  may  hold  certain  annuity, 
"      Springfield  Five  Cents  Savings,  may  hold  estate, 
"      Springfield  Institution  for  Savings,  additional  estate, 
"      Wrentham,  may  convey  certain  real  estate. 

Banking  and  Savings  Institution,  Mercantile,  repeal  of  tax  on. 

Banks,  Savings,  appointment  Commissioner  of, 
"        State,  notice  by  of  liability  for  circulation, 
"  "      suspension  of  specie  payments  authorized, 

Banner  of  Light  Publishing  House,  incorporated, 

Barnstable  and  Ilyannis  Mutual  Fire  Insurance  Company,  incorpo 
rated,  ...... 

Battle-Flags,  concerning  disposition  of. 

Beach  Corporation,  West's,  charter  amended,  . 

Berkshire  Life  Insurance  Company,  may  hold  estate. 

Betterment  of  estates,  in  Boston,  concerning, 

Bigelow  Carpet  Company,  may  increase  capital  and  hold  estate, 

Billiard  Rooms  and  Bowling  Alleys,  concerning. 


40 

248 

318 

42 

42 

296 

298 
311 
295 
169 
159 
238 
270 
137 
222 
26 
72 

102 

303 
98 
28 

123 
9 

231 


IV 


INDEX. 


Bills  of  State  Banks,  notice  of  liability  for  redemption, 

Births,  registry  and  return,  concerning  fees  for, 

Black  Bass  and  Trout,  for  protection  of,  . 

Blind,  Asylum  for,  in  aid,  ..... 

Board  of  inmates  in  State  Lunatic  Hospitals,  price  of  limited. 
Board  of  Accounts,  Suffolk  County,  concerning, 

"     of  Agriculture  and  State  Cabinet,  concerning,  . 
"     of  Commissioners  for  Foreign  Missions,  American,  concerning 
"     of  Education,  salaries  of  Secretary  and  Agent,  . 
"     of  Harbor  Commissioners,  established,  . 
"     of  State  Charities,  salaries  of  Agent  and  Secretary, 
Boards  of  Health,  municipal,  relating  to,  . 

Bonds  of  Commonwealth,  certain,  suit  to  determine  title  to,   . 
Boston,  city  of,  drainage  of  certain  lands  and  the  preservation  of  public 

health  in,       . 
Boston,  city  of,  laying  out  and  alteration  of  streets  in, 

"         "     of,  may  build  bridge  across  Fort  Point  Channel, 
"         "     of,  may  build  sea-wall  in  Charles  River,  . 
"         "     of,  may  build  sea-wall  and  fill  flats  in  Charles  River, 
"         "     of,  may  remove  certain  tombs  and  remains  of  dead 
South  Boston,  .... 

"         "     of,  Municipal  Court  in,  established, 
"         "     of,  "Water  Power  Co.  and  Commonwealth,  indenture  of, 
confirmed,     ....... 

Boston  proper  and  East  Boston,  Citizens'  Ferry,  incorporated 

"      and  Cuba  Steam-Ship  Company,  incorporated, 

"      Harbor  and  the  Commonwealth  Flats  in,  relating  to,  . 

Boston,  Hartford  and  Erie  Railroad  Company,  concerning,    . 

Boston  Insurance  Company,  in  favor,    .... 

"      Lead  Company,  may  increase  capital,  . 

•'      and  Lowell  Railroad  Company,  concerning,     . 

"      and  Maine  Railroad  Company,  concerning, 

"       "         "  "  "         may  change   station  in   South 

Lawrence, 
"      and  New  Orleans  Steam-Ship  Co.,  Merchants',  incorporated 
"      Pilots'  Relief  Society,  incorporated, 
"      Society  for  Prevention  of  Pauperism,  name  clianged, 
"      Water  Power  Co.,  City  of  Boston  and  Commonwealth,  inden 
ture  of,  confirmed,  ..... 

"      Wesleyan  Association,  may  hold  estate, 
"      and  Worcester  Railroad  and  other  Corporations,  concerning 
"       "  "  "  •      stations  in  Natick,  concerning, 

Boston,  Society  of,  for  Aid  of  German  Immigrants,  may  increase 
capital,  ...... 

Boundary  Lines,  Indian  Lands  at  Gay  Head,  relating  to, 
"  "       Marion  and  Wareham,  established,  . 

•'  "       Rochester  and  Wareham,  established, 

"  "       Taunton  and  Lakeville,  relating  to,  . 

"  "       Taunton  and  Raynham,  established. 


Page 


222 
101 
240 
303 
301 
73 
248 
133 
]10 
107 
276 
252 
298 

224 
123 
135 
116 
239 

313 
2G1 


40 
165 
100 
315 
103,  249,  256 
293 

97 
256 
256 


96 
16 

62 
237 

40 
114 
256 

41 

14 
310 
14 
17 
49 
31 


INDEX. 


Bounties  to  Re-enlistcd  Volunteers  of  Ilolliston,  town  may  equalize, 
"       to  Volunteers,  additional,  concerning, 

Bowling  Alleys  and  Billiard  Rooms,  concerning, 

Braintree,  South  Parish  in,  may  sell  estate, 

Bridge  across  Fort  Point  Channel,  citj'  of  Boston  may  build, 

"      over  Main  Creek  in  Scituate,  Co.  Commissioners  may  build, 
"      Company,  Holyoke  and  South  Hadley  Falls,  may  use  railway 
track,  ........ 

Bridge,  Railroad,  across  Taunton  Gt.  River  near  Somerset,  concerning, 

Bridgcwater  Iron  Manufacturing  Co.,  name  changed  and  concerning, 
"  State  Almshouse,  in  favor, 

Brighton,  First  Parish  in,  may  sell  estate, 

Brookline  and  Back  Bay  Street  Railway  Compapy,  incorporated, 

Brookline,  Public  Library  of,  concerning, 

Bruce,  Richard,  deceased,  distribution  of  estate. 

Burial  Grounds,  concerning  enlargement  of,     . 

Burning  Fluids,  certain,  inspection  and  sale,  concerning. 


Page  223 

57,  102 

231 

G3 

135 

IG 

22 
308 

04 
312 
134 
235 
133 
300 

71 
24G 


C. 

Cabinet,  State,  concerning,         ..... 

Cady,  Frank  A.,  in  favor,  ..... 

Calves,  killing  for  sale,  or  selling,  under  four  weeks  old,  penalty, 

Cambridge,  Savings  Institution  in,  overpaid  taxes  reimbursed, 

Cambridge,  supply  of  water  for,  amendatory  act. 

Camp  materials.  Governor  may  lend  to  military  schools. 

Canals  and  Locks,  Upper,  on  Connecticut  River,  additional  to  Act 

incorporating  proprietors,    ..... 
Carpet  Company,  Bigelow,  may  increase  capital  and  hold  estate, 
Carriage,  public,  equality  of  persons  in,  , 

Cattle  Disease,  expenses  for  extirpation  :  treatment,   . 
Cavalry,  Independent  Company  of  authorized, 

"         Second  ^Massachusetts,  bounty  to  certain  companies. 
Cemetery,  Antietam  National,  relating  to. 
Cemetery  Corporations,  proxy  voting  in,  relating  to,    • 
Census  Returns  of  Deerfield  and  Milford,  amended,   . 
Change  of  Names  of  Persons,    ..... 
Chaplains  of  Legislature,  compensation  of,       . 
Chapman,  Daniel,  in  favor,        ..... 
Charitable  Eye  and  Ear  Infirmary,  Massachusetts,  in  favor,  . 
Charles  River,  filling  of  certain  flats  in,  authorized, 
Charlestown,  City  of,  may  furnish  Somerville  and  Maiden  with  water 
Chebacco  Branch  Railroad  Company,  incorporated,     . 
Chelsea  Land  Company,  incorporated,  .... 
Chesley,  Daniel,  in  favor,  ..... 

Children,  employment  of,  in  manufactories,  relating  to, 

'•         neglected,  care  and  education  of,  concerning. 
Christian  Home  and  Foreign  Missionary  Society,  incorporated^ 
Christiantown  and  Chappequiddic  Indians,  in  favor,    . 


248 
309 
242 
296 
62 
275 

254 
9 
242 
297 
223 
319 
321 

G8 
301 
422 
322 
309 
306 
239 
1G5 

35 

50 
312 
253 
266 

49 
296 


VI 


INDEX. 


Church,  First,  in  Boston,  may  release  farm  in  North  Chelsea  and 

Wintlirop,     •  .  . 

Circulation  of  State  Banks,  notice  when  liability  for  ceases,  . 
Cities  and  Towns,  Annual  Reports  of,  relating  to, 
"  "        may  establish  Herring  Fisheries,    . 

"  "        may  offer  rewards  for  arrest  of  criminals,  . 

"  "        may  provide  for  care  of  neglected  children, 

"  «'        reimbursement  of  recruiting  expenses  by,  repeal 

Citizens'  Ferry  Company,  Boston,  incorporated, 
Claims  of  Herman  Haupt  &  Co.,  concerning,  . 

"      on  United  States,  for  expenses  of  Coast  Defences,  relating  to 
Clerk,  Second,  Auditor  may  appoint,     .... 

Clerks  of  Legislature,  Assistant,  compensation  of, 
"      of  Police  Courts,  election  of,  concerning, 
"      of  State  Departments,  Superior,  Municipal  and  Police  Courti 
and  Clerk  of  Courts  Berkshire  County,  salaries  of. 
Coal  Oil  Company,  Oriental,  reimbursement  to  of  taxes  overpaid, 
Coast  Defences,  expenditures  for,  relating  to,  . 
Cobb,  "William,  may  extend  wharf  in  Dighton, 
Cohasset  and  Scituate  Street  Railway  Company,  incorporated. 
College,  Massachusetts  Agricultural,  overseers  of, 

"        New  England  Female  Medical,  relating  to,     . 
Commemorative  Tablets,  to  be  placed  in  Doric  Hall,  State  House, 
Commercial  Freight  Railway  Company,  incorporated. 
Commission  on  Hours  of  Labor,  appointment, 
Commissioner  on  claims  for  Coast  Defences,  appointment,     . 
Commissioner,  Insurance,  appointment  provided  for,  . 

••  Massachusetts,  in  District  of  Columbia,  acts  of  G.  F 

McLellan  confirmed, 
•'  Savings  Banks,  appointment  provided  for, 

"  Tax,  returns  of  corporations  to,  concerning,   . 

Commissioners,  County,  appeals  to  for  abatement  of  Nuisances, 

"  "        of  Plymouth  may  build  bridge  in  Scituate, 

Commissioners  for  Foreign  Missions,  American  Board  of,  concerning 
Commissioners,  Harbor,  Board  of,  established, 

"  Insurance,  Board  of,  abolished, 

Commonwealth,  City  of  Boston,  and  Boston  Water  Power  Company 
indenture  of,  confirmed,    . 
"  suits  by  and  in  behalf  of,  relating  to, 

"  to  be  represented  in  cases  sent  U.  S.  Circuit  Court 

••  "  "  by  Attorney-General  in  suits  in  U 

S.  Supreme  Court,  . 
Commonwealth  Flats  in  Boston  Harbor,  relating  to,    . 
Commonwealth  Hotel  Company,  in  Pittsficld,  incorporated,    . 

'«  "  "  of  the  County  of  Suffolk,  incorpo- 

ated,  ......... 

Commonwealth  Lands  upon  Back  Bay,  rights  of  grantees,  to  protect, 

Company  F,  18th  Regiment  Volunteers,  payment  for  drill  by  Town 

of  Dedham,      ....... 


Page  305 
222 
140 
134 
8 
266 

41 
165 
321 
313 

66 
324 
117 

277-8 
308 
313 
35 
131 
248 
323 
307 
249 
320 
313 
243 

137 
137 
273 
164 
16 
133 
107 
243 

40 
228 
317 

320 
315 

48 

99 
248 

117 


INDEX. 


711 


Congregational  Society  in  Beverly,  Second,  incorporated, 

"  "        in  Shrewsbury,  concerning  Fund  of,  . 

Congregational  Society  in  Waltham,  Independent,  name  changed, 
Congress,  Senators  and  Representatives  of  State  in,   . 
Congressional  District,  Seventh,  relating  to,     . 
Congressional  Districts,  Third  and  Fourth,  relating  to, 
Connecticut  Eiver,  obstructions  to  fisli  in,  concerning, 

"  •'  "  to  fish  at  Enfield  Falls,  concerning, 

"  "       Upper  Locks  and  Canals,  additional  to  Act  incor- 

porating proprietors,  ..... 

Connecticut  River  Railroad  Company,  concerning,      .  . 

Convicts,  Juvenile,  in  the  U.  S.  Courts,  relating  to,     . 

"        Poor,  discharge  of  in  Suffolk  County,  relating  to,  . 
*'        sentence  of  on  first  conviction,  relating  to,  . 
Co-operative  Associations,  relating  to  formation  of, 
Copper  Manufacturing  Company,  Taunton,  may  increase  capital. 
Corporations,  Cemetery,  proxy  voting  in, 

"  returns  of,  to  Tax  Commissioner,  concerning,  . 

"  taxation  of  shares,  for  school  district  and  parish  pur 

poses,  ....... 

Cotton-Gin  Company,  National,  incorporated,  . 

Council,  Executive,  compensation  of,  relating  to,         . 

Councillor  Districts,  division  of  Commonwealth  into,  . 

County  Commissioners,  appeals  to,  for  abatement  of  Nuisances, 

County  Commissioners  of  Plymouth  may  build  bridge  in  Scituate, 

"  "  and  Treasurers,  salaries  of,  concerning, 

County  Taxes,  granted,  ...... 

Court,  Municipal,  of  Boston,  established,  ... 

"       Police,  in  Haverhill,  abolished,  .  ... 

"       Probate,  in  Middlesex  County,  where  held, 
"       Supreme  Judicial,  proceedings  in,  . 

"  "  "         salaries  of  Justices  established, 

"      U.  S.  Circuit,  State  suits  in,  how  represented, . 
Courts,  certain,  salaries  of  justices  and  clerks,  concerning,  . 
"       Police,  election  clerks  of,  concerning, . 
•'       Probate,  in  Hampshire  County,  place  of  holding. 
Cranberry  Lands,  owners  or  lessees  may  dam  streams  for  flowage  of, 
Criminal  Cases,  exceptions  in  ;  §  5,  ch.  250,  '64,  repealed, 
Criminal  Prosecutions,  relating  to  evidence  in. 
Criminals,  rewards  by  Towns  for  detection  and  apprehension  of, 

*'  sentence  of,  relating  to,        . 

Cuba  and  Boston  Steam-ship  Company,  incorporated, 
Cunningham,  Sylvester,  may  extend  wharf  in  Gloucester, 


Page  71 
31 
1G9 
454 
140 
36 
231 
315 

254 
103 
254 
270 
264 
270 
66 
68 
273 

140 
255 
322 
221 
164 

16 
277 
303 
261 
275 

73 
221 

30 
317 
277 
117 

37 
160 
224 
245 
8 
264 
100 
116 


D. 

Darrow,  Ira,  may  build  wharf  in  Holmes'  Hole, 
Davis,  James,  may  extend  wharf  in  Gloucester, 
Deaths,  registry  and  return  of,  concerning  fees  for, 


25 
105 
101 


Till 


INDEX. 


Dedham,  Town  of,  may  raise  money  for  Co.  F,  18th  Eegt.  vols., 
Dedham  and  West  Roxbury  Railroad,  location  and  construction, 
Deerfield,  Town  of,  census  returns  amended, 
Defences  of  Coast,  claims  of  State  upon  U.  S.  for  expenditures  in 

Commissioner  on,    ...... 

Deputy  Sheriffs,  fees  of,  established,    .... 

Deputy  Tax  Commissioner,  salary  established, 

Detection  and  Apprehension  of  Offenders,  municipalities  may  offer 

rewards,         ....... 

De  Wolf,  Tliaddeus  K.,  acts  as  justice  peace  legalized, 

Dighton  and  Somerset[|Railroad,  time  to,  extended, 

Disabled  Soldiers  and  Sailors  and  their  Families,  State  aid  for, 

"  "  "       exempted  from   paying  for   peddler' 

licenses,        ....... 

Discharge  from  imprisonment  for  non-payment  of  fine  and  costs, 

"  of  poor  convicts  in  Suffolk  County,  relating  to, 

Discharged  Female  Prisoners,  Temporary  Asylum  for,  in  favor, 

"  Soldiers'  Home,  in  favor,   .... 

Disease  of  Cattle,  expenses  of  extirpation :  treatment, 
Distribution  of  Laws  provided  for,         .... 
District- Attorneys,  Salaries  of,  concerning. 
Districts,  Councillor,  Commonwealth  divided  into, 

"         Congressional,  Third  and  Fourth,  concerning, 

"         Senatorial,  Commonwealth  divided  into, 
Divorce  Causes,  concerning  practice  in,  .  . 

Donahue,  James,  in  favor,  ..... 

"         Philip,  in  favor,  ..... 

Door-keeper  of  House  of  Representatives,  chief,  pay  of, 
Door-keepers,  Messengers  and"  Pages  of  Legislature,  pay  of. 
Drainage  of  Lands  in  Back  Bay,  indenture  concerning,  confirmed, 

"  "        in  Boston,  and  for  preservation  of  public  health 

Drains  and  Sewers  in  the  City  of  Roxbury,  concerning, 
Dukes  County  Educational  Association,  relating  to,     . 
Durfee  Mills,  incorporated,        ..... 
Duxbury  Street  Railroad  Company,  incorporated. 


Page 


119, 


117 
128 
301 

313 
137 
276 


111 

2G 

2G5 

141 

2G7 

270 

302 

301 

297 

38 

277 

221 

36 

76 

lOG 

320 

309 

824 

324 

40 

224 

25 

37 

22 

HI 


E. 

East  Boston  Freight  Railroad  Company  and  other  corporations. 

Eastern  Avenue,  Harbor  Commissioners  may  contract  with  Boston 
for  construction  of,  . 

Eastern  Railroad  Company,  concerning, 

"  "  "         may  change  depot  in  South  Danvers, 

"  "  "         may  hold  stock  of  Chebacco  Branch  Co 

Easton,  Jemima,  in  favor,  ..... 

Educational  Association,  Dukes  County,  relating  to,    .  . 

Election  of  Clerks  Police  Courts,  concerning,  . 

"       of  Moderator,  and  other  acts  of  West  Roxbury,  confirmed, 

Emerton,  Increase  N.,  in  favor,  .... 


256 

316 

256 

69 

36 

305 
37 
117 
2G5 
296 


INDEX. 


IX 


Emigrant  Industrial  Savings  Bank,  suit  for  title  to  certain  bonds, 

Employment  of  Children  in  Manufactories,  relating  to,  . 

Entry  and  Detainer,  Forcible,  in  relation  to,    . 

Enfield  Falls,  obstructions  to  passage  of  Fish  at,  concerning, 

Essex,  Town  of,  may  hold  stock  of  Chebacco  Branch  R.  R.  Company 

Evidence  in  Criminal  Prosecutions,  relating  to. 

Exceptions  in  Criminal  Cases,  §  5,  chap.  250,  '04,  repealed, 

Executive  Department  of  State  Government,  . 

Executors,  concerning,   ..... 

Exposition  at  Paris,  France,  Universal,  relating  to,     . 

Eye  and  Ear  Infirmary,  Mass.  Charitable,  in  favor, 


Page  208 
253 

30 
315 

36 
245 
224 
436 

80 
317 
306 


F. 

Fairhaven,  Town  of,  may  aid  New  Bedford  and  Taunton  Railroad,  . 
Fall  River  Steam-boat  Company,  incorporated, 

Families  of  disabled  Soldiers  and  Sailors  and  of  the  Slain,  State  aid  for. 
Families  of  disabled  Soldiers,  Interest  Recruitment  Fund  shall  apply  to, 
Fees  of  Deputy  Sheriffs,  established,     . 

"     of  Jurors,  established,        .... 

"     of  Magistrates,  in  certain  cases,  relating  to, 
Fellowes  Athenjeum,  Roxbury,  Trustees  incorporated. 
Female  Medical  College,  New  England,  relating  to,    . 
"      Prisoners,  discharged,  asylum  for,  in  aid  of,   . 
Ferry  Company,  Citizens',  incorporated. 
File  Manufacturing  Company,  Whipple,  may  increase  capital. 
Fine  and  Costs,  discharges  from  imprisonment  for  non-payment, 
Fire  District  in  Taunton,  relating  to,      . 
Firemen's  Insurance  Company,  Boston,  charter  extended, 
First  Church  in  Boston,  may  release  certain  real  estate, 

"    Parish  in  Brighton,  may  sell  real  estate,  . 

"        *'      in  Waltham,  name  established, 

"         "      Fund  Corporation,  South  Scituate,  name  established, 
First  Parish,  West  Roxbury,  name  established. 
Fish,  obstructions  to,  in  Conn.  River  at  Enfield  Falls, 

"  "  to,  in  Conn,  and  Merrimack  Rivers, 

Fisheries,  Herring,  cities  and  towns  may  establish,    *  . 

'•         Shad  and  Alewive,  in  Taunton  Great  River,  concerning 
"         Trout  and  Black  Bass,  relating  to,  . 
Fishing  Company,  Nantucket,  incorporated,     .  .  . 

Fitchburg  Railroad  Company,  concerning, 

"  "  "  may  construct  additional  track, 

Fitchburg,  Town  of,  additional  for  supply  of  water,    . 
Flags,  Battle,  concerning  disposition  of,  .  .  . 

Flats  in  Charles  River,  certain,  City  of  Boston  may  fill. 
Flats  of  Commonwealth  in  Boston  Harbor,  relating  to, 
Flowage  of  Land  for  agricultural  purposes,  authorized. 
Forcible  Entry  and  Detainer,  in  relation  to, 

Foreign  Missions,  American  Board  of  Commissioners  for,  concerning, 
66 


111 

70 

119,  265 

294 

137 

80 
139 

19 
323 
302 
165 
244 
267 
3 
4 
305 
134 
169 

63 

62 
315 
231 
134 

33 
240 

70 
256,  307 
238 
224 
303 
239 
315 
160 

30 
133 


INDEX. 


Fort  Point  Channel,  City  of  Boston  may  build  bridge  over,    . 
Fourth  and  Third  Congressional  Districts,  relating  to. 
Fox,  Charles  B.,  in  favor,  ..... 

Foxborough  Branch  Railroad,  time  for  construction,    . 
Franklin  Agricultural  Society,  may  draw  annual  bounty. 
Freemason's  Hall  Association  in  Haverhill,  incorporated, 
Freight,  Railroad  and  Ship,  unclaimed,  concerning,    . 
Freight  Railway  Company,  Commercial,  incorporated, 
Friendless  AVomen  and  Children,  Springfield  Home  for,  in  favor. 
Fruit  Preserving  Company,  Massachusetts,  incorporated, 
Fund  of  Congregational  Society  in  Shrewsbury,  concerning, . 
Fund,  Haverhill  Congregational  Ministerial,  concerning  Trustees, 

"      Public  School,  in  Springfield,  Act  of  1810  repealed,     . 

'•      Recruitment,  relating  to  interest  of, 

"       School,  concerning  distribution  of  income, 

"  ♦'       concerning  management  of, 

Fund  of  Second  Parish,  Marlborough,  concerning, 
Funds,  Certain,  in  custody  of  State,  income  of, 

G. 

Gas  Light  Company,  Newton  and  Watertown,  in  favor, 
"         "  "  Worcester,  may  increase  capital  and  hold  estate, 

Gay  Head  Indian  Lands,  establishment  of  boundary  lines, 
"        "      Indians,  in  favor  schools  of,  ... 

General  Court,  Representatives  in,  apportionment  to  Counties, 
German  Immigrants,  Society  for  aid  of,  may  increase  capital, 
Glasgow  Company,  may  increase  capital, 
Gloucester  Harbor,  certain  lines  in,  established, 

"  Mutual  Fishing  Insurance  Company,  charter  extended, 

Governor,  Addresses  of,  to  Council,      .... 
"  Inaugural  Address  of,  ...  . 

"  Late,  Valedictory  Address  of,  . 

"  Private  Secretary  of,  salary  established. 

Grand  Junction  Railroad  and  Depot  Company,  concerning,    . 

"      Lodge  of  Masons  in  Massachusetts,  real  estate  of, 
Granite  Company,  Monsonj  incorporated, 
Grantees  of  Commonwealth  lands  on  Back  Bay,  rights  of, 
Guardians  and  "Wards,  concerning,        .  .  •  . 


Page  135 

36 
300 
4 
301 
129 
110 
249 
304 
129 

31 
251 

30 
294 
161 

33 
161 

33 


319 

21 

310 

299 

67 

14 

97 

89 

5 

365 

327 

400 

276 

256 

99 

129 

248 

80 


H. 

Hamblet,  Arthur,  in  favor,  .... 

Hamlen,  Sarah  A.,  on  petition  of,  for  sale  of  certain  estate, 
Hampden  Agricultural  Society,  may  draw  annual  bounty, 

"         Fire  Insurance  Company,  in  favor  of, 
Hampshire  Agricultural  Society,  may  draw  annual  bounty, 

"  County  Probate  Court,  place  of  holding, 

Hanover  Branch  Railroad,  location  of,  time  for  extended, 
Harbor  of  Boston,  Sea-Wall  in,  City  may  build, 


309,  320 
318 
301 
296 
301 
37 
160 
116 


INDEX. 


XI 


Harbor  of  Boston,  and  Commomrealth  Flats  therein,  relating  to, 

"      of  Gloucester,  certain  lines  in,  established, 

"       of  Plymouth,  for  protection  of,   .  .  . 

Harbor  Commissioners,  Board  of,  established,     . 

"  "  may  contract  with  City  of  Boston  for  construe 

tion  of  Eastern  Avenue,       .... 
Haskell,  Lewis  R.,  in  favor,        .... 
Haskell,  Samuel,  jr.,  may  extend  wharf  in  Gloucester, 
Haupt,  Herman  &  Company,  relative  to  claims  of, 
Haverhill  Congregational  Ministerial  Fund,  concerning, 
Haverhill,  Police  Court  in,  abolished, 
Health,  Boards  of,  relating  to,     . 

"        Public,  concerning  offences  against,        .  . 

"  "       in  Boston,  for  preservation  of,    . 

Herring  Fisheries,  cities  and  towns  may  establish, 
Hinsdale,  Public  Library  Association  of,  incorporated,  . 
Holliston,  Town  of,  may  equalize  its  local  bounty  to  re-enlisted  volun 
teers,  ....... 

Holyoke  Mutual  Fire  Insurance  Company,  Salem,  charter  extended, 
"      and  South  Hadley  Falls  Bridge  Co.,  may  use  railway  track. 
Home,  Discharged  Soldiers',  in  favor,     .... 

Home  for  Friendless  Women  and  Children,  Springfield,  in  favor, 

"    and  Foreign  Missionary  Society,  Christian,  incorporated. 
Home,  Washingtonian,  in  favor,  .... 

"  "  may  hold  estate, 

Hoosac  Tunnel,  additional  for  completion  of,  . 

"  "        claims  of  Herman  Haupt  &  Co.,  relating  to, 

Horse  Railroads.     See  "  Street  Railway  Corporations." 
Hospital,  Rainsford  Island,  allowance  for  rebuilding  wharves  at, 
"        Lunatic,  at  State  Almshouse  in  Tewksbury,  relating  to, 
"         State  Lunatic  at  Northampton,  in  favor, 
Hospitals,  State  Lunatic,  price  of  board  in,      . 
Hotel  Company,  Commonwealth,  in  Pittsfield,  incorporated,  . 

"  "  "  of  Suffolk  County,  incorporated, 

"  "  Nonantum,  in  Newton,  incorporated, 

Houghton,  W.  S.,  suit  in  relation  to  bonds  claimed  by, 
Hours  of  Labor,  Commission  of,  for  appointment, 
Howland,  Solomon  C,  treasurer  of  Marshpee,  in  favor, 
Hudson,  Town  of,  incorporated,  .... 

*'  "      of,   in    seventh   Congressional  District :  voters    ap 

portioned,    ..... 

"  "      of,    to    be    furnished    laws,    reports,    weights     anc 

measures,     ..... 


Page  315 

89 

310 

107 

316 
296 
114 
321 
251 
275 
252 
242 
224 
134 
19 

223 

21 

22 

301 

304 

49 

304 

17 

274 

321 

310 

304 

307 

301 

48 

99 

48 

298 

320 

299 

51 

140 

314 


Idiotic  Youth,  IMassachusetts  School  for,  in  favor,       .  .  .  302 

Immigrants,  German,  Society  for  Aid  of,  may  increase  capital,  .  14 

Imprisonment  for  non-payment  fine  and  costs,  relating  to  discharge,  2G7 


xu 


INDEX. 


Imprisonment,  Solitary,  in  State  Prison,  relating  to, 
Income  of  School  Fund,  distribution  of,  concerning, 
Incomes,  Personal,  Taxation  of,  concerning,  . 

Indenture  concerning  Lands  in  Back  Bay  confirmed, 
Independent  Congregational  Society  in  Waltham,  name  changed, 

"  CompanyTCavalry,  Governor  may  organize. 

Industrial  Aid  Society  for   prevention   of   pauperism,   name   estab 
lished,     ...... 

"  Savings  Bank,  Emigrant,  Title  to  certain  State  bonds, 

Indians,  Chappequiddic  and  Christiantown,  in  favor, 
"        Deep  Bottom,  Jemima  Easton,  in  favor, 
"        Gay  Head,  in  favor  Schools,  .... 

"  "         "       boundary  lines  of  lands,  establishment,  . 

"        Marshpee,  allowance  to  treasurer  of, 

"        Punkapog, — Sally  and  James  Burr,  C.  E.  Myers,  R.  Davis 
and  Isaac  Williams,  in  favor,  .... 

Inn,  licensed,  equality  of  persons  in,    . 

Insane,  Receptacle  for,  at  Ipswich,  repeal  of  Act  'G2,  relating  to, 
Inspection  and  measurement  of  leather,  relating  to,    . 
'•  of  Petrolem  Oils  and  Fluids,  provided  for. 

Institution  for  the  Blind,  Massachusetts,  in  aid, 

"  for  Savings,  Cambridge,  reimbursement  of  taxes, 

"  "  Mercantile,  taxation  of,  repeal, 

"  "  Springfield,  additional  estate, 

Insurance  Commissioner,  appointment  provided  for,  . 

"         Commissioners,  Board  abolished,     . 
Insurance  Companies  : 

Barnstable  and  Hyannis  Mutual  Fire,  incorporated, 

Berkshire  Life,  may  hold  estate, 

Boston,  in  favor,  ...... 

Firemen's,  Boston,  Charter  extended,    . 

Gloucester  Mutual  Fishing,  Charter  extended,  . 

Hampden  Fire,  reimbursement  of  taxes, 

Holyoke  Mutual  Fire,  Salem,  Charter^extended, 

Massachusetts  Mutual  Life,  real  estate. 

Mutual  Fire,  in  Salem,  incorporated,      .  .  . 

Neptune,  Boston,  concerning,      .... 

North  American  Fire,  Charter  extended,  . 

People's  Fire,  of  "Worcester,  may  hold  estate,  . 
Springfield  Fire  and  Marine,  concerning, 
State  Mutual  Life,  Worcester,  real  estate, 
Westford  Mutual  Fire,  Charter  extended, 
Insurance  Companies,  Mutual  Life,  distribution  of  surplus  funds. 
International  Telegraph  Company,  incorporated, 
Ipswich,  Receptacle  for  Insane  at,  repeal  of  Act  '62  relating  to, 
Ireland,  Nathaniel,  jr.,  and  otliers,  claims  of.  City  of  Newburyport 
•   may  settle,    ....... 

Iron  and  Copper  Company,  Bridgewater,  name  established  and  con 
cerning,         ....... 


Page  243 

161 

30 

40 

169 

223 

237 
298 
296 
305 
299 
310 
299 

809 
242 
223 
230 
246 
303 
296 
270 
159 
243 
243 

102 
28 

293 
4 
5 

296 
21 
28 

238 
34 
20 
24 
24 
21 
58 
23 

241 

223 

170 
64 


INDEX. 


xui 


J. 

Judges,  Superior,  Probate   and  Insolvency,  Police   and  Municipal, 

salaries,         .  .  .  .  .  .  .  .  Page  277 

Judges,  Supreme  Judicial  Court,  salaries  established,              .            .  30 

Judicial  Department,       .......  452 

Jurors,  Fees  of,  established,       ......  80 

Justice  of  Peace,  acts  of  Barnabas  Lothrop  as  legalized,        .            .  94: 

"                •'      acts  of  Thaddeus  K.  DeWolf  as  legalized,  ■            .  Ill 

Juvenile  convicts  in  United  States  Courts,  relating  to,            .            .  254 


K. 

Kinney,  John  M.,  in  favor,         .... 
Kenoza  Riding  Park  Association  in  Haverhill,  incorporated. 


319 
100 


L. 

Labor,  Hours  of,  commission  on,  appointment, 
Lakeville  and  Taunton,  Towns  of,  line  between,  established. 
Land,  Flowage  of,  for  agricultural  purposes,  authorized. 
Land  Company,  Chelsea,  incorporated, 

"  "  Suffolk,  incorporated,  .  .  . 

"  "  Union,  incorporated,    . 

Land  and  Improvement  Company,  West  End,  incorporated, 

"      and  Eailroad  Company,  American,  incorporated, 
Lands,  Back  Bay,  indenture  concerning,  confirmed,     . 

"  "       "      rights  of  grantees,  to  protect, 

Lands  in  Boston,  certain,  for  better  drainage  of, 

"      at  Gay  Head,  Indian,  concerning  boundary  lines, 

"     in  West  Springfield,  certain,  taxation  of. 
Laws,  Provincial,  copy  to  be  procured, 

"      publication  and  distribution  of,   . 
Lead  Company,  Boston,  may  increase  capital, . 
Leather,  inspection  and  measurement  of,  concerning, . 
Lee  and  New  Haven  Railroad  Company,  name  established,  &c., 
Legislative  Department, ..... 
Legislature,  Assistant-Clerks  of,  compensation, 

"  mileage  and  compensation  of  members,    . 

"  Representatives  in,  apportionment  to  Counties, 

Lenox  Academy,  Trustees  of,  concerning, 
Lewis,  Milton,  in  favor,  ..... 
Libels  for  Divorce,  practice  in  Courts,  .  .  . 

Libraries,  Town,  relating  to,       .  .  . 

Library  Association,  Public,  of  Hinsdale,  incorporated, 

"  "  Worcester,  name  changed,  &c.,  . 

Library,  Public,  of  Brookline,  concerning,        . 

"        State,  relating  to,  . 

Life  Assurance  Company,  State  Mutual,  of  Worcester,  may  hold  estate, 
"    Insurance  Companies,  distribution  surplus  funds  of. 


320 

49 

160 

50 

57 

130 

237 

68 

40 

248 

224 

310 

27,  123 

303 

38 

97 

230 

112 

437 

324 

293,  322 

67 

62 

308 

106 

222 

19 

234 

133 

301 

21 

23 


XIV 


INDEX. 


Life  Insurance  Company,  Berkshire,  may  hold  estate,  .  .    Page  28 

"            '•               •'         Mass.  Mutual,  may  increase  estate,            .  28 

Linen  Company,  American,  capital  and  estate,              ...  17 

List  of  Massachusetts  oiRcers  and  soldiers  in  late  war,  publication,    .  321 

Lock,  G.  A.     See  "  Look,"         ......  309 

Locks  and  Canals,  Upper,  on  Conn.  Eiver,  additional  Act,      .            .  254 

Lodge  of  Masons,  Grand,  of  Massachusetts,  estate,      ...  99 

Look,  Gilbert  A.,  in  favor,          ......  320 

Lothrop,  Augustus,  in  favor,       ......  312 

"         Barnabas,  acts  as  justice  of  peace  legalized,  .            ...  94 

Low,  Alfred  and  Sylvanus,  may  build  wharf  in  Gloucester,     .            .  114 

"     John,  Jr.,  and  others,  may  extend  wharf  in  Gloucester,              .  115 

Lowell  Arms  Company,  name  established,        ....  243 

Lowell,  City  of,  in  favor,            ......  306 

"          "    of,  supply  of  water  for,  additional  Act,     .            ",             .  158 

Luce,  Tarlton  C,  may  build  wharf  at  Holmes' Hole,   ...  26 

Lunatic  Hospital,  State,  at  Northampton,  in  favor,       .             .            .  307 

'«              "            "       at  Tewksbury  Almshouse,  relating  to,           .  304 

Lunatic  Hospitals,  State,  price  of  board  in,       ....  301 

Lyceum  and  Library  Association,  "Worcester,  name  changed,  «S;c.,      .  234 

M. 

Magistrates,  Fees  of,  in  certain  cases,      .....  139 

Main  Creek,  Scituate,  bridge  over,  authorized,   ....  16 

Maiden,  Town  of,  Charlestown  may  provide  with  water,  .  .  165 

Mansfield  and  Somerset  Railroad,  location  and  construction,     .  .  22 

Manufacture  of  Petroleum  and  its  products,  concerning,  .  .  268 

Manufacturing  Corporations  : 

American  Linen  Company,  capital  and  estate, 

Bigelow  Carpet  Company,  capital  and  estate, 

Boston  Lead  Company,  capital,    . 

Bridgewater  Iron,  capital,  estate  and  name, 

Durfee  Mills,  incorporated, 

Glasgow  Company,  capital  and  estate,     . 

Lowell  Arms  Company,  name  established, 

Nashawannuck  Company,  capital  and  estate, 

National  Cotton  Gin  Company,  incorporated, 

Newton  and  Watertown  Gas  Light  Company,  in  favor. 

North  Adams  "Woolen  Company,  capital  and  estate, 

Robeson  Mills,  incorporated,        .    '        . 

RoUin  "White  Arms  Company,  may  change  name, 

Taunton  Copper  Company,  capital, 

Tecumsch  Mills,  incorporated,     . 

"Whipple  Pile  Company,  capital,  . 

"Williamstown  Company,  capital  and  estate, 

Williston  Mills,  incorporated,       .  . 

Worcester  Gas  Light  Company,  capital  and  estate, 

Yale  and  Greenlcaf  Company,  may  change  name  to  Yale  and 
"Winn,  .....•• 


17 
9 
97 
64 
22 
97 

243 
9 

255 

319 
38 
23 

^43 

66 

9 

244 
38 
34 
21 

68 


INDEX. 


XV 


Manufacturing  Establishments,  employment  of  children  in,      . 

Marchant,  Barnard  C,  Indian  Guardian,  in  favor, 

Marion  and  Wareham,  line  between  established, 

Marlborough,  Second  Parish  in,  concerning  Fund  of,     . 

Marlborough  and  Hudson,  legal  voters  in,  apportianed, 

"  and  Stow,  parts  of,  incorporated  as  Hudson, 

Marriages,  registry  and  return,  concerning  fees  for,       , 

Marshpee  District,  in  favor  treasurer  for  a  highway  in,  . 

"         Schools,  in  favor,         ..... 

Masonic  Association,  "Waverley,  in  Melrose,  incorporated, 

Masons,  Slassachusetts  Grand  Lodge  of,  additional  estate, 

Massachusetts  Asylum  for  the  Blind,  in  aid, 

"  Charitable  Eye  and  Ear  Infirmary,  in  favor, 

"  Court  Eeports,  &c.,  presentation  to  South  Carolina, 

"  Fruit  Preserving  Company,  incorporated, 

"  Mutual  Life  Insurance  Company,  estate, 

"  School  for  Idiotic  Youth,  in  favor. 

Master,  Wardens  and  Members  Grand  Lodge  of  Masons,  estate  of, 

McCarthy,  Charles  J.,  family  of,  in  favor, 

McCollom,  Henry  E.,  in  favor,  ..... 

McCrelis,  Calvin,  in  favor,         ..... 

McCrillis,  Calvin,  in  favor,         ..... 

McLellan,  George  F.,  certain  ministerial  acts  legalized, 

McNeill,  William  T.,  in  favor,    ..... 

Measurement  of  Leather,  concerning,  .... 

Medford  Turnpike  Corporation,  concerning,     . 

Mercantile  Banking  and  Savings  Institution,  repeal  of  tax  on. 

Merchants'  Boston  and  New  Orleans  Steam-ship  Co.,  incorporated, 

Merrimack  River,  Obstructions  in  to  Fish,  concerning. 

Messages  of  Governor  to  Legislature,  Special, 

"        of  late  Governor  to  Legislature,  Special, 

Messenger,  Assistant,  of  Governor,  pay  for  present  year. 

Messengers  of  Governor  and  Secretary,  salaries  established, 
"  of  Legislature,  pay  for  present  year, 

Middlesex  County,  Probate  Court  in,  where  held,         .  . 

Milford,  Town  of,  Census  Returns  amended,    . 

Milford  and  Woonsocket  Railroad,  location  and  construction. 

Military  : 

Battle-Flags,  concerning  disposition  of, . 

Bounties  to  re-enlisted  Volunteers,  Town   of  Holliston  may 
equalize,         ...... 

Bounties  to  Volunteers,  additional  relating  to,  . 
Cavalry,  Independent  Company  of,  authorized, 

"         Second  Mass.,  bounty  to  certain  companies  of. 
Company  F,  18th  Regiment  Vols.,  payment  drill  authorized. 
Military  Bureaus,  salariesr  of  officers,  concerning. 
Militia,  concerning,  ..... 

"       payment  for  services  at  certain  inspection. 
Overcoats  and  caps,  loan  authorized,      .  .  .29 


Page  253 
296 

14 
161 
140 

51 

101 

299 

306 

3 

99 
303 
306 
305 
129 

28 
302 

99 
324 
306 
320 
309 
137 
293 
230 
249 
270 

16 
231 
354 
381 
323 
276 
324 

73 

301 

4 

303 

223 
57,  102 
223 
319 
117 
277 

170,  245 
252 

297,  307 


XVI 


INDEX. 


Military — Concluded. 

Recruiting  expenses,  reimbursement  by  towns,  repeal, 
Eecruitment  Fund,  interest  of,  how  applied, 
Soldiers,  disabled,  and  their  families   and  families  of  slain 
State  aid  for,  ..... 

Soldiers,  Massachusetts,  in  late  war,  list  of  to  be  published, 

"        Settlement  and  relief  of,  ch.  230,  18G5,  defined. 
Tents  or  camp  materials,  Governor  may  lend  to  military  schools 
Mills,  Durfee,  incorporated,        ..... 

•'      Robeson,  incorporated,     ..... 

"      Tecumseh,  incorporated,  .  .  .       *     . 

"      Williston,  incorporated,   ..... 

Ministerial  Fund,  Haverhill  Congregational,  relating  to, 
Ministerial  Fund  of  Second  Parish  in  Marlborough,  concerning, 
Mission  Society,  American  Advent,  incorporated, 
Missionary  Society,  Christian,  Home  and  Foreign,  incorporated. 
Missions,   Foreign,   American   Board  of   Commissioners   for,   con 
cerning,        ....... 

Monson  Granite  Company,  incorporated, 
Municipal  Court  in  Boston,  established,  .  .  . 

"  "  "        salaries  of  Clerks, 

"  "       in  Taunton,  salaries  of  Justice  and  Clerk, 

Mutual  Fire  Insurance  Company,  Barnstable  and  Hyannis,  incorpo 

rated,     . 
"         "  "  "  Holyoke,    in    Salem,   charter   ex 

tended, 
"         "  "  "  in  Salem,  incorporated, 

"         "  "  "  Westford,  charter  extended, 

"      Fishing  Insurance  Company,  Gloucester,  charter  extended, 
"      Life  Assurance  Company,  State,  in  "Worcester,  estate, 
"         "    Insurance  Companies,  surplus  funds  of,  . 
"         "  "         Company,  Massachusetts,  estate,  &c., 

Mystic  River  Railroad  Company,  certain  rights  defined. 


Page    41 
294 

119,  265 

321 

270 

275 

22 

23 

9 

34 

251 

161 

63 

49 

133 
129 
261 

277 
277 

102 

21 

288 

58 

5 

21 

23 

28 

260 


N. 

Names  of  Persons,  change  of,    . 

Nantucket  County,  Register  of  Deeds  for,  salary  to,  authorized, 

"  Fishing  Company,  incorporated,       .  .  . 

Nashawannuck  Manufacturing  Company,  capital  and  estate, 
Natick,  concerning  stations  of  B.  and  W.  Railroad,  in. 
Nation  Publishing  House,  incorporated, 
National  Cemetery,  Antietam,  relating  to,         . 

«'       Cotton  Gin  Company,  incorporated  . 
Neglected  Children,  care  and  education  of,  concerning, 
Neptune  Insurance  Company,  Boston,  concerning. 
New  Bedford  and  Fairhaven  Railway  Company,  incorporated, 
"  «'  and  Fall  River  Railway  Company,  construction, 

<«  '<         Street  Railroad  Company,  incorporated. 


422 
110 

70 
9 

41 
160 
321 
255 
266 

34 
254 
159 
112 


INDEX. 


xvii 


New  Bedford  and  Taunton  Eailroad,  Town  of  Fairhaven  may  aid, 
"     England  Female  Medical  College,  relating  to, 
"     Haven  and  Northampton  Company,  may  extend  railroad, 
"     London  Northern  Railroad,  construction, 
Newburyport,  City  of,  additional  to  act  establishing, 

"  "     of,  may  settle  claims  of  Nath"l  Ireland,  jr.,  and 

others,  .... 

"  "     of,  supply  of  water  for, 

Newton  and  Watertown  Gas  Light  Company,  in  favor, 
Nickerson,  Jonathan,  and  others,  may  extend  wharf  in  Provincetown 
Nonantum  Hotel  Company,  in  Newton,  incorporated,   . 
Norris,  Shaw,  may  build  wharf  at  Holmes'  Hole,  .  . 

North  Adams  Water  Company,  in  aid  of,  .  .  . 

"  •'      Woolen  Company,  capital  and  estate. 

North  American  Fire  Insurance  Company,  charter  extended  ;  estate. 
North  Bridgewater  Bank,  relating  to,    . 
North  Woburn  Street  Railroad  Company,  incorporated, 
Northampton  and  Shelburne  Falls  Railroad,  construction, 
Northampton,  State  Lunatic  Hospital  at,  in  favor, 
Northampton  and  Williamsburg  Street  Railway,  location  of,   . 
Norton,  Shubael  L,,  may  build  wharf  at  Holmes'  Hole, 
Nuisances,  Abatement  of,  Town  failing,  citizen  may  appeal  to  County 
Commissioners,         ....... 


Page  111 

323 

39 

i 

236 

170 

126 

319 

240 

48 

22 

65 

38 

20 

311 

69 

64 

307 

133 


164 


0. 

Obstructions  to  Fish  in  Connecticut  River,  at  Enfield  Falls,     .            .  315 

"               "         in  Connecticut  and  Merrimack  Rivers,     .             .  231 

O'Connell,  Patrick  A.,  in  favor,              .....  296 

Odell,  Thomas  F.,  annuity  of,  Salem  Savings  Bank  may  hold,            .  295 

Offences  against  Public  Health,  concerning,       ....  242 

Offenders,  detection  and  apprehension  of,         ...            .  8 

Office  Hours  of  State  Departments,  concerning,            ...  40 
Officers  and  Soldiers,  Massachusetts,  in  late  war,  publication  of  list 

authorized,    ........  321 

Oils  and  Fluids,  Petroleum,  manufacture,  storage,  inspection  and  sale,    246,  268 

Old  Colony  and  Newport  Railway  Company,  may  build  wharf,             .  64 

Oliver,  Henry  K.,  in  favor,          ......  294 

Oriental  Coal  Oil  Company,  in  favor,     .....  308 

Overcoats  and  Caps,  Military,  loan  of,  authorized,       .  .         295,  297,  307 


P. 

Pages  of  Legislature,  pay  of,     . 

Paris,  France,  Universal  Exposition  at,  concerning, 

Parish,  First,  in  Brighton,  may  sell  estate, 

"  "      in  West  Roxbury,  name  established, 

"  "      in  Waltham,  name  established,  . 

"       St.  Matthew's,  in  So.  Boston,  removal  of  tombs  and  remains, 

67 


324 
317 
134 
62 
169 
313 


XVlll 


INDEX. 


Parish,   Second,  in  Marlborough,  concerning  fund  of, 

"  "       in  Roxbury,  name  changed,     . 

"        South,  in  Braintree,  may  sell  estate,    .  . 

Passengers,  Alien,  on  vessels  from  without  United  States,  concerning 
Pauperism,  Boston  Society  for  prevention  of,  name  changed, 
Paupers,  State,  and  others,  relating  to,  ... 

Pelton,  P.  W.,  administrator,  on  petition  of,     . 
Penn,  James,  release  of  farm  under  will  of,  by  First  Church  in  Boston 
People's  Fire  Insurance  Company,  Worcester,  may  hold  estate, 
Perkins'  Institution  for  the  Blind,  in  aid, 

Perkins,  John,  W.  H.,  and  Gilbert,  wharves  of,  in  Gloucester, 
Petroleum  Oils  and  Fluids,  manufacture,  inspection,  storage  and  sale 
Pettingell,  Charles  C,  may  extend  wharf  in  Gloucester, 
Pilots'  Eelief  Society,  Boston,  incorporated,     . 
Pink,  William,  relating  to  estate  of,       . 
Pittsfield,  Town  of,  railroad  passenger  stations  in, 

"  "      of,  supply  of  water  for, 

Pittsfield  and  New  Haven  Railroad  Company,  name  changed,  Sec. 

"        and  North  Adams  Railroad,  location, 
Places  of  Amusement,  Public,  equality  of  persons  in,  . 
Plymouth  County  Agricultural  Society,  annual  exhibition, 

"  "       Commissioners  may  build  bridge  in  Scituate 

Plymouth  Harbor,  for  protection  of,      . 

"         Steam-boat  Company,  incorporated, 
Ponce  Court  in  Boston,  abolished, 

"         "       in  Haverhill,  abolished,     . 
Police  Courts,  election  of  clerks,  concerning, . 

'•  "        salaries  of  justices  and  clerks,  concerning, 

Police,  State,  additional  to  Act  establishing,     . 
Poor  Convicts,  discharge  of,  in  Suffolk  County,  relating  to. 
Precinct,  Salem  and  Bevei-ly,  relating  to. 
Primary  School,  State,  established. 
Printing,  Public,  Commissioner  on  to  be  appointed,     . 
Prison,  State,  concerning  extension  of,  . 

"  "      providing  for  improvements  at,  .  . 

"  "      salaries  of  certain  officers, 

"  *'      solitary  confinement  in,  relating  to, 

Probate  Court  in  Middlesex  County,  place  of  holding. 
Probate  Court  in  Hampshire  County,  place  of  holding. 
Probate  and  Insolvency  Courts,  judges  and  registers,  salaries. 
Proprietors  of  Upper  Locks  and  Canals  on  Connecticut  River,  relat 
ing  to,  ......  . 

Proprietors  Waverley  Masonic  Association  in  Melrose,  incorporated 

Prosecutions,  Criminal,  relating  to  evidence  in, 

Protestant  Episcopal  Parish  at  South  Boston,  removal  of  tombs. 

Provincial  Laws,  copy  to  be  procured,  by  Governor  and  Council, 

Proxy  Voting  in  Cemetery  Corporations,  relating  to,  . 

Public  Health,  certain  offences  against,  concerning,    .  . 

Public  Health  in  city  of  Boston,  for  preservation  of,   . 


Page  161 

62 

63 

273 

237 

228,  253 

300 

305 

24 

303 

115 

246,  268 

116 

62 

300 

94 

158 

112 

96 

242 

14 

16 

310 

251 

261 

275 

117 

277 

245 

270 

71 

161 

313 

317 

312 

304 

243 

73 

37 

277 

254 
3 
245 
314 
303 
68 
242 
224 


INDEX. 


XIX 


Public  Library  of  Brookline,  concerning,         .  .  . 

"  "        Association  of  Hinsdale,  incorporated, 

"      Places  of  Amusement,  carriages  and  inns,  equality  of  persons 
declared,       ...... 

"      Printing,  Commissioner  on  to  be  appointed,     . 
"      Schools  in  Springfield,  repeal  of  Act  1810  to  raise  fund  for 
Publication  of  Laws,  provided  for,        .... 

"  of  list  Officers  and  Soldiers  in  late  war,  authorized. 

Publishing  House,  Banner  of  Light,  incorporated, 

•'  "      Nation,  incorporated, 

Punkapog  Indians,  in  favor,       ..... 


Page  133 
19 

242 

313 

30 

38 

321 

72 

160 

309 


Q. 

Quincy  Point  Shipping  Company,  incorporated, 


240 


R. 

Eailroad  Construction  and  Land  Company,  American,  incorporated,  68 

Railroad  Corporations  : 

Amherst  Branch,  location  and  construction  of  road,     .            .  227 
Boston,  Hartford  and  Erie,  concerning,              .             .         103,  249,  256 

Boston  and  Lowell,  concerning, .....  256 

Boston  and  Maine,  concerning,  .            .            •            .            i  256 

"                   "       depot  of,  in  South  Lawrence,           .            .  96 

Boston  and  "Worcester  and  other  companies,  concerning,          .  256 

Boston  and  "Worcester,  Stations  in  Natick,  concerning,            .  41 

Brookline  and  Back  Bay  Street,  incorporated,  .            .            .  235 

Chebacco  Branch,  incorporated,              ....  35 

Cohasset  and  Scituate  Street,  incorporated,        .            .            .  131 

Commercial  Freight,  incorporated,         ....  249 

Connecticut  River,  concerning,  .....  103 

Dedham  and  "West  Roxbury,  location  of  road,  .            .            .  128 

Dighton  and  Somerset,  construction  of  road,     ...  26 

Duxbury  Street,  incorporated,    .....  HI 

East  Boston  Freight  and  others,  concerning,     .            .            .  256 

Eastern,  concerning,         ......  256 

"        depot  of,  in  South  Danvers,      ....  69 

•'        may  hold  stock  of  Chebacco  Branch  Company,           .  36 

Fitchburg,  concerning,     ......  256 

•'          in  favor,          ......  307 

"          may  lay  track  in  "Watertown,            .            .            .  238 

Ffcborough  Branch,  construction  of  road,        ...  4 

Gravid  Junction  Railroad  and  Depot  Company,  concerning,     .  256 

Hanover  Branch,  location  of  road,         ....  160 

Lee  and  New  Haven,  name  established,  &c.,      .            .     '       .  112 

Mansfield  and  Somerset,  construction  of  road,              .            .  22 

Milford  and  Woonspcket,  location  of  road,        ...  4 

Mystic  River,  certain  rights  defined,      ....  260 


XX 


INDEX. 


Railroad  Corporations — Concluded. 

New  Bedford  and  Fairhaven,  incorporated, 

"  and  Fall  River,  location  of  road,  . 

"  Street,  incorporated, 

"  and  Taunton,  Town  of  Fairhaven  may  aid. 

New  Haven  and  Northampton,  may  extend  road, 
New  London  Northern,  location  of  road. 
North  Woburn  Street,  incorporated, 
Northampton  and  Shelburne  Falls,  location  of  road,    . 

"  "    Williamsburg  Street,  location  of  road, 

Old  Colony  and  Newport,  Bridge  of,  over  Taunton  Great  River, 

"  "         Wharf  in  Fall  River,  . 

Pittsfield  and  New  Haven,  name  changed,  &c., 
♦•        and  North  Adams,  location  of  road,  . 
Salem  and  Lowell,  Depot  of,  in  South  Danvers, 
Sheffield,  incorporated,    ..... 

South  Reading  Branch,  concerning, 
Springfield  and  Longmeadow,  location  of  road, 
Stockbridge  and  Pittsfield,  passenger  station  in  Pittsfield, 
Troy  and  Greenfield,  additional  for  completion  of  road, 

"  "  claims  of  Herman  Haupt  &  Co., 

Turner's  Falls  Branch,  incorporated,     . 
Union,  concerning,  ..... 

Waltham  and  Newton  Street,  incorporated, 
Western,  increase  of  capital  authorized, 
"        passenger  station  of,  in  Pittsfield, 
"         relating  to,        ..... 

Williamstown  and  Hancock,  charter  revived,    .  . 

Worcester  Horse,  may  issue  preferred  stock,     . 
Railroad  Corporations,  Street,  concerning, 

"  "  "       may  take  benefit  of  insolvent  laws, 

Railroad  Freight,  unclaimed,  concerning, 

"        Track,  Holyoke  and  South  Hadley  Falls  Bridge  Company 
may  use,        ....... 

Rainsford  Island,  allowance  to  rebuild  wharves  at, 
Raynham  and  Taunton,  line  between,  established. 
Receptacle  for  Insane  at  Ipswich,  repeal,  relating  to, . 
Recruiting  expenses,  reimbursement  by  cities  and  towns,  repeal, 
Recruitment  Fund,  relating  to  interest  of,         . 
Reform  and  Nautical  Schools,  commitments  to  by  U.  S.  courts. 
Register  of  Deeds  for  Nantucket  County,  salary  authorized, 
Registers  of  Probate  and  Insolvency  and  assistants,  salaries, 
Registry  and  Return  of  Marriages,  Births  and  Deaths,  Fees  for, 
Reports  of  Cities  and  Towns,  Annual,  relating  to, 

"        of  decisions  S.  J.  Court,  presentation  of,  to  South  Carolina, 

Representatives  in  General  Court,  apportionment  of  to  the  several 

Counties,       ........ 

Reservoir  Company,  Stiles,  incorporated,    .     .     .     . 

"      "     Wading  River,  incorporated, 


Page  254 
153 
112 
111 

39 
4 

69 

64 
133 
308 

64' 
112 

96 

69 
112 

66 
104 

94 
274 
321 

26 
256 
168 
287 

94 

319 

113 

132 

269,  275 

72 
110 

22 
310 

31 
223 

41 
294 
254 
110 
277 
101 
140 
305 

67 
228 
118 


INDEX. 


XXI 


Keservoir  Company,  "Walpole,  time  to,  extended,        .  . 

"  "  "Westminster,  incorporated,  .  . 

Returns  of  Corporations  to  Tax  Commissioner,  relating  to,    . 

"       of  Marriages,  Birtlis  and  Deaths,  Fees  for,    . 
Rewards  for  detection  and  appreliension  of  criminals, 
Rhode  Island,  State  of,  reimbursement  to,  for  soldiers'  allotment, 
Rich,  Eleazar  H.,  wharf  in  Provincetown, 
Riding  Park  Association,  Kenoza,  in  Haverhill,  incorporated, 
Robeson  Mills,  incorporated,      .  .  .  .  . 

Rochester  and  Wareham,  Towns  of,  line  between,  established, 
Rogers,  George  H.,  wharves  in  Gloucester, 
Rollin  White  Arms  Company,  may  change  name, 
Rowell,  Cromwell  G,  in  favor,    ..... 
Roxbury,  City  of  may  divert  waters  of  Smelt  Brook, 

"  "     of,  Sewers  and  Drains  in,  concerning,  . 

"  Second  Parish  in,  name  changed,      .  .  . 

Russell,  Wilson  H.,  children  of,  in  favor,        .  .  . 


Page  276 

50 

273 

101 

8 

307 

73 

100 

23 

17 

105 

243 

294 

41 

25 

62 

313 


s. 

Sailors,  Disabled,  exempted  paying  for  peddlers'  licenses, 
"  "  and  their  families.  State  aid  to, 

"        settlement  and  relief  o^  Act  of  '65  defined,    . 
Salary,  Judges  S.  J.  Court,  established, 
"       Officers  of  State  Prison,  certain, 
"       Register  of  Deeds,  Nantucket,  authorized, 
"       Secretary  and  Agent  Board  of  Education,  repeal  concerning 
"       State  Ofiicers,  certain,  relating  to,         . 
Sale  of  Petroleum  Oils  and  Fluids,  to  regulate, 
Salem,  City  of,  supply  of  water  for,  addititional  Act,  . 
Salem  and  Beverly  Precinct,  relating  to,  .  .  . 

"     and    Lowell     Railroad     Corporation,     depot     of,    in     South 
Danvers,         ...... 

"     Mutual  Fire  Insurance  Company,  incorporated, 
"     Savings  Bank,  may  hold  certain  annuity, 
Savings  Banks  and  Institutions  : 

.Ballard  Vale,  incorporated,  .... 

Cambridge,  reimbursement  for  taxes  overpaid,  . 
Emigrant  Industrial,  suit  to  determine  title  to  bonds  held  by. 
Mercantile,  in  Boston,  relating  to  taxation  of,   . 
Salem,  Trustees  may  hold  certain  annuity, 
Springfield,  may  hold  additional  estate, 
Springfield  Five  Cents,  may  hold  estate, 
Savings  Banks,  Commissioner  of,  appointment,  .  ^ 

Say  ward,  William,  in  favor,       ..... 

Scholarships,  State,  repeal  of  G.  S.  relating  to. 

School,  State  Primary,  established,        .... 

School  Fund,  distribution  of  income,  concerning,        .  . 

**  "      management  of,  concerning,       . 


141 

119,  265 

270 

30 

304 

110 

110 

276 

246,  268 

245 

71 

69 
238 
295 

42 
296 
298 
270 
295 
159 
169 
137 
312 
164 
161 
161 

33 


xxu 


INDEX. 


School  for  Idiotic,  Massachusetts,  in  favor,      .  .  .  . 

Schools  of  Gay  Head  Indians,  in  favor,  .... 

Schools,  Marshpee,  in  favor,     ...... 

"         Public,  in  Springfield,  repeal  of  Act  1810  to  provide  fund  for, 

"         State   Reform  and  Nautical,    commitments   to   by  United 

States  Courts,  ..... 

Scituate,  Bridge  over  Main  Creek  in,  authorized, 

"  South  Parish  Fund  Corporation,  name  changed, 

Sea- "Wall  in  Boston  Harbor,  City  may  build,    . 

"         in  Charles  River,  City  of  Boston  may  build. 
Second  Congregational  Society,  Beverly,  incorporated, 
Second  Massachusetts  Cavalry,  bounty  to  certain  companies 
Second  Parish  in  Marlborough,  Ministerial  Fund  of,  . 

"  "       in  Roxbury,  name  changed, 

Secretary  Board  of  Education,  repeal,  concerning  salary  of, 

"  "      of  State  Charities,  concerning  salary  of. 

Secretary  of  Commonwealth,  salary  of  established,    . 
Secretary  of  Governor,  Private,  salary  of  established. 
Senatorial  Districts,  Commonwealth  divided  into, 
Sentence  of  Criminals,  relating  to,        . 
Sergeant-at-Arms,  concerning  salary,  . 

Settlement  and  Relief  of  Soldiers  and  Sailors,  Act  of 'Go  defined 
Seventh  Congressional  District,  relating  to,      . 
Sewers  and  Drains  in  the  city  of  Roxbury,  concerning. 
Shad  Fishery  in  Taunton  Great  River,  regulated, 
Shares  in  Corporations,  taxation  of  for  school  district  and  parish 
purposes,       ...... 

Shefiield  Railroad  Company,  incorporated. 
Sheriffs,  salaries  of,  concerning, 

"        Deputy,  fees  of  established,    . 
Ship  and  Railroad  Freight,  unclaimed,  concerning, 
Sliipping  Company,  Quincy  Point,  incorporated, 
Shrewsbury,  Congregational  Society  in,  ministerial  fund, 
Smelt  Brook,  city  of  Roxbury  maj'  divert  waters  of,    . 
Smith,  David,  may  build  wharf  in  Provincetown, 
Societies  : 

American  Advent  Mission,  incorporated, 
Boston,  for  Prevention  of  Pauperism,  name  changed, 
Boston,  Pilots'  Relief,  incorporated. 
Christian  Home  and  Foreign  Missionary,  incorporated, 
Independent  Congregational,  in  "Waltliam,  name  changed, 
Industrial  Aid,   for  Prevention   of  Pauperism,   name   estab 
lished,  ...... 

Plymouth  County  Agricultural,  annual  exhibition. 
Second  Congregational,  in  Beverly,  incorporated. 
Society  of  Boston  for  Aid  of  German  Immigrants,  capital, 
Universalist,  in  Andover,  sale  of  estate  authorized, 
Agricultural,  Worcester,  Hampshire,  Franklin  and  Hampden 
in  favor,  ...... 


Page  302 

299 

306 

30 

254 

16 

63 

116 

239 

71 

319 

161 

62 

110 

277 

276 

276 

76 

264 

277 

270 

140 

25 

33 

140 

112 

277 

137 

110 

240 

31 

41 

98 

.      63 

237 

62 

49 

169 

237 
14 
71 
14 

295 

301 


INDEX. 


XXlll 


Societies,  Agricultural,  relating  to,         . 
Soldiers,  Bounties  to,  additional  concerning,    . 

"        Disabled,  exempted  paying  for  peddlers'  licenses,    . 
"        Disabled  or  Slain,  and  their  families.  State  aid  to,    . 
"        Massachusetts,  in  late  war,  list  of  to  be  published,  . 
"        Sick  or  Disabled,  and  families,  balance  recruitment  fund  to 
be  paid,      ...... 

"         Settlement  and  Relief  of,  Act  of  '05  defined. 
Soldiers'  Home,  Discharged,  in  favor,  . 
Solitary  Imprisonment  in  State  Prison,  relating  to, 
Somcrvillc,  Town  of,  Charlestown  may  supply  with  water,     . 
South  Carolina,  S.  J.  Court  Reports,  &c.,  presented  to, 
"      Danvers,  railroad  depots  in,  concerning, 
"      Lawrence,  railroad  depot  in,  concerning,  .  . 

"      Parish  in  Braintree,  may  sell  estate, 
"      Reading  Branch  Railroad,  concerning, 
"      Scituate  First  Parish  Fund  Corporation,  name  established, 
Southworth,  Edward,  in  favor,  .... 

Special  Messages  of  Governor  to  Legislature, 

"  "  of  late  Governor  to  Legislature, 

Specie  Payments  by  Banks,  suspension  authorized,     . 
Springfield  Aqueduct  Company,  additional  to  Act  incorporating, 
"  Institution  for  Savings,  additional  estate,  . 

"  Fire  and  Marine  Insurance  Company,  concerning, 

"  Five  Cents  Savings  Bank,  may  hold  estate, 

"  Home  for  Friendless  Women  and  Children,  in  favor, 

Springfield  and  Longmeadow  Railroad,  location, 
Springfield,  Public  Schools  in,  repeal  of  Act  to  raise  fund  for, 
St.  Matthew's  Church,  South  Boston,  removal  of  tombs  authorized. 
State  Agricultural  Cabinet  and  Library,  concerning,    . 

"     Aid  for  disabled  soldiers  and  sailors'  families,  and  families  o 
the  slain,  ...... 

"    Almshouse  at  Bridgewater,  in  favor, 

"     Arsenal,  fence  at,  to  be  erected,  .... 

"    Banks,  notice  when  liability  for  circulation  ceases, 

"     Departments,  Office  hours  of,       . 

"     House,  alterations  and  improvements  relating  to, 

"        "        repairs  of,  relating  to,       . 

"     Library,  relating  to,  ....  . 

"     Lunatic  Hospital  at  Northampton,  in  favor, 

"  "  "         at  Tewksbury  Almshouse,  relating  to, 

"  "       Hospitals,  price  of  board  at, 

"     Mutual  Life  Assurance  Company,  Worcester,  estate,     . 

"     Officers,  certain,  salaries  of,  . 

"     Paupers,  relating  to,  ..... 

"    Police,  additional  to  Act  establishing, 

'•     Primary  School,  established,         .... 

"    Prison,  extension  of,  concerning, 


Page  136 

57,  102 

141 

119,  265 

321 

294 

270 

301 

243 

165 

305 

69 

96 

63 

66 

63 

302 

354 

381 

26 

74 

159 

24 

1G9 

304 

104 

30 

313 

248 

119,  265 

312 

317 

222 

40 

293,  318 
320 
301 
307 
304 
301 
21 
276 
253 
245 
161 
317 


228, 


XXIV 


INDEX. 


State  Prison,  providing  for  improvements  at,    . 
"  "       salaries  of  certain  officers  of, 

"  '<       Solitary  confinement  in,  relating  to, 

*'     Eeform   and  Nautical   Schools,   commitments   to,    by  U.    S 
Courts,  ..... 

"     Scholarships,  chap,  of  G.  S.,  relating  to,  repealed, 
"     "Workhouse,  established. 
Steam-boat  Company,  Fall  Kiver,  incorporated, 

<'  "  Plj'mouth,  incorporated. 

Steam-ship  Company,  Boston  and  Cuba,  incorporated, 

«'  "  Merchants'  Boston   and  New  Orleans,  incor 

porated, 
<«  «'  United  States,  extension  of  time  to, 

Stiles  Reservoir  Company,  incorporated, 
Stockbridge  and  Pittsfield  and  the  Western  Railroads,  stations  in 
Pittsfield,      ...... 

Stony  Brook  Water  Power  Company,  incorporated,    . 

Storage  and  Sale  of  Petroleum  and  its  products,  concernin 

Story,  Cyrus,  and  another,  may  build  wharf  in  Gloucester, 

Stow  and  Marlborough,  Towns,  parts  of,  incorporated  as  Town  of 

Hudson,         .  ■  . 

Street  Railway  Cokpoeations  : 

Brookline  and  Back  Bay,  incorporated, 
Cohasset  and  Scituate,  incorporated. 
Commercial  Freight,  Boston,  incorporated, 
Dedham  and  West  Eoxbury,  location  of  road,  . 
Duxbury,  incorporated,    .... 

New  Bedford,  incorporated. 
North  Woburn,-4ncorporated, 

Northampton  and  Williamsburg,  time  to,  extended, 
Waltham  and  Newton,  incorporated, 
Worcester,  may  issue  preferred  stock,   . 
Street  Railway  Corporations,  concerning. 

It  li  <'  may  take  benefit  of  insolvent  laws, 

Streets  of  Boston,  concerning  the  laying  out  and  improving, 
Studley,  Coleman,  may  build  wharf  in  Dennis, 
Suffolk  County,  Board  of  Accounts  in,  concerning,    . 

"        Land  Company,  incorporated. 
Suit  to  determine  title  to  certain  State  bonds,  how  authorized, 
Suits  by  and  in  behalf  of  Commonwealth,  relating  to, 

"    in  Supreme  Court  ofU.  S.,  State  a  party,  Attorney-General  to 
appear,         ...... 

Superior  Court,  salaries  of  judges  and  clerks,  concerning. 
Supreme  Judicial  Court,  proceedings  in, 

"  "  "       salaries  of  judges  established, 

"        Court  of  U.  S.,  Attorney-General   to   represent  State  in 

suits,  ...... 

Surplus  Funds  of  Life  Insurance  •Companies,  distribution, 


Page 


38, 


269, 


312 
304 
243 

254 
164 
141 
70 
251 
100 

16 
169 

228 

94 

227 
268 
116 

51 

235 

131 

249 

128 

111 

112 

69 

133 

168 

132 

275 

72 

123 

99 

75 

57 

298 


320 

277 

221 

80 

320 
23 


INDEX. 


XXV 


Tablets,  Commemorative,  to  be  placed  in  Doric  Hall,  State  House 
Taunton,  City  of,  additional  to  Act  establishing, 
"  "     of,  Fire  District  in,  relating  to,  . 

Taunton  Copper  Manufacturing  Company,  capital, 
Taunton  Great  Eiver,  Bridge  across  near  Somerset,  concerning, 

"  "  "      Fisheries  in,  concerning, 

Taunton  and  Lakeville,  Towns  of,  line  between, 
Taunton  and  Eaynham,  line  between  Towns  of,  established,  . 
Tax  on  Cities  and  Towns,  $3,000,000  assessed, 

"     Commissioner,  Eeturns  to  by  Corporations,  concerning. 
Taxation  of  Personal  Incomes,  concerning, 

"        of  Lands  in  AYest  Springfield,  relating  to,    , 
"        of  Mercantile   Banking    and    Savings    Institution,    relat- 
ing to,         ..... 

"        of  Shares  in  Corporations  for  school  district  and  parish 
purposes,     ...... 

Taxes,  Assessment  of,  concerning, 

"       to  the  several  counties,  granted, 
Tecumseh  Mills,  incorporated,  .... 

Telegraph  Company,  International,  incorporated. 

Temporary  Asylum  for  discharged  female  prisoners,  concerning 

Tents,  &c..  Governor  may  lend  to  military  schools, 

Tewksbury,  Lunatic  Hospital  at  State  Almshouse,  relating  to 

Theatre  or  public  meeting,  equality  of  persons  in. 

Third  and  Fourth  Congressional  Districts,  relating  to, 

Tillson,  Charles  E.,  children  of,  in  favor. 

Tombs  of  St.  Matthew's  Church,  South  Boston,  removal. 

Town  Libraries,  relating  to,       . 

Towns  : 

Hudson,  incorporated,     .... 

Marion  and  Wareham,  line  between  established, 
Rochester  and  Wareham,  line  between  established, 
Taunton  and  Lakeville,  line  between,     . 
Taunton  and  Raynham,  line  between  established. 
Towns,  Annual  Reports  of,  concerning, 
"       may  establish  Herring  Fisheries, 
"       may  offer  rewards  for  arrest  of  offenders, 
"       may  provide  for  care  of  neglected  children,     . 
"       reimbursement  of  recruiting  expenses  by,  repeal. 
Treasurer  and  Receiver-General,  authorized  to  borrow  money 

*'  "  salary  of,  established. 

Trout  and  Black  Bass,  for  protection  of, 
Troy  and  Greenfield  Railroad,  additional  for  completion  of, 

"       "  "  "         claims  of  Herman  Haupt  &  Co 

Truro,  Town  of,  in  favor,  .... 

Trustees,  certain,  concerning,     .... 

Trustees  of  Fellowes  Athenajum,  Roxbury,  incorporated, 

C8 


Page  307 

28 

3 

G6 

308 
33 
49 
31 
81 

273 
30 

123 


27. 


270 

140 
118 
303 
9 
241 
302 
275 
304 
242 
36 
313 
314 
222 

51 

14 

17 

49 

31 

140 

134 

8 

266 

41 

294,  302 

276 

240 

274 

321 

304 

80 

19 


XXVI 


INDEX. 


Trustees  of  First  Church  in  Boston,  may  release  Sale  Farm, 

*'         of  Fund  for  Congregational  Minister  in  Shrewsbury,  incor 
porated,     ...... 

"        of  Haverhill  Congregational  Fund,  relating  to, 
"        of  Lenox  Academy,  concerning, 

"        of  Ministerial  Fund,  Second  Parish  in  Marlborough,  con 
cerning,         ....... 

Trusts  and  Trustees,  Acts  requiring  returns  from,  repealed,  . 

Turner,  Frank  G.,  and  others,  in  favor, 

Turner's  Falls  Branch  Railroad  Company,  incorporated, 
"  "     Company,  name  established,.     . 

Turnpike  Corporation,  Medford,  concerning,  . 


Page  305 

31 
251 

C2 

IGl 

48 

309,  320 

26 

254 

249 


u. 

Unclaimed  Eailroad  and  Ship  Freight,  concerning. 
Union  Land  Company,  incorporated,     .... 
"      Eailroad  Company,  concerning,  .... 
United  States  Circuit  Court,  pending  cases  in,  from  State  Courts,  con 
cerning,  ..... 

''         "       Supreme  Court,  Attorney-General  to   represent  State 

in  suits,  ..... 

"         "       Steam-ship  Company,  extension  of  time  to. 
Universal  Exposition  at  Paris,  concerning, 
Universalist  Society  in  Andover,  sale  of  estate  authorized,     . 
Urbino,  S.  R.,  in  favor,  ...... 


110 
130 
256 

317: 

320 
169 
317 
295 
308 


Vagrants  and  Vagabonds,  concerning,  . 
Valedictory  Address  of  late  Governor, .  .  . 

Volunteers  in  U.  S.  Service.     See  "Military." 
Voting,  Proxy,  in  Cemetery  Corporations,  relating  to, 


229 
400 

G8 


w. 

Wading  River  Reservoir  Company,  incorporated, 

Walen,  Michael,  jr.,  and  Alfred,  wharf  in  Gloucester, 

"Walpole  Reservoir  Company,  time  to  extended, 

TValtham,  First  Parish  in,  name  established,    . 

Waltham  and  Newton  Street  Railway  Company,  incorporated, 

"Wards  and  Guardians,  concerning,         ... 

Wareham  and  Marion,  Towns  of,  line  between  established, 

"         and  Rochester,  Towns  of,  line  between  established 
Washingtonian  Home,  in  favor, .... 

"  "       may  hold  estate, 

Watchmen  of  State  House,  pay  for  present  year, 
Water,  supply  for  City  of  Cambridge,  amendatory  Act, 

«'  "         "      "     of  Lowell,  additional  Act, 

"  "        "      "    of  Newburyport, 


118 

105 

276 

169 

168 

80 

14 

17 

304 

17 

323 

62 

158 

126 


INDEX. 


xxvn 


Water,  supply  for  City  of  Salem,  additional  Act, 
"  "       for  City  of  Springfield,  additional  Act, 

'*  "       for  Town  of  Fitchburg,  additional  Act, 

"  "       for  Town  of  Pittsfield,    . 

"  "       for  Towns  of   Somerville  and  Maiden,  by  City  of 

Charlestown,  ..... 

Water  Company,  North  Adams,  in  aid. 

Water  Power  Company,  Stony  Brook,  incorporated,   . 

Wavejley  Masonic  Association  in  Melrose,  incorporated, 

Wesleyan  Academy  in  Wilbraham,  estate  of,    . 
"        Association,  Boston,  estate  of. 

West  End  Land  and  Improvement  Company,  incorporated. 

West  Eoxbury,  First  Parish  in,  name  established, 
"  "         Town  of,  election  of  moderator  and  other  acts  con- 

firmed, ...... 

West  Springfield,  Taxation  of  certain  lands  in. 

Western  Kailroad  Corporation,  increase  of  capital  authorized, 
"  "  "  relating  to, 

"               "       and  the  Stockbridge  and  Pittsfield,  stations  in  Pitts 
field,  

Westford  Mutual  Fire  Insurance  Company,  charter  extended 

Westminster  Eeservoir  Company,  incorporated. 

West's  Beach  Corporation,  charter  amended,  . 

Wharf  in  Dennis,  Coleman  Studley  may  build, 
"      in  Dighton,  William  Cobb  may  extend, 
"      in  Fall  Kiver,  Old  Colony  and  Newport  R.  Co.  may  build, 
"      in  Gloucester,  Alfred  and  Sylvanus  Low  may  build,   . 
"  "  C.  C.  Pettingell  and  S.  Cunningham  may  extend 

"  "  Cyrus  Story  and  A.  H.  Wonson  may  build, 

"  "  George  H.  Eogers  may  build,    . 

"  "  James  Davis  may  extend, 

"  "  John  Low,  jr.,  and  others,  may  extend, 

**  "  John  Perkins  and  others,  may  extend, . 

•'  "  Michael,  jr.,  and  Alfred  Walen  may  extend, 

"  "  Samuel  Haskell,  jr.,  may  extend, 

"  "  William  C.  Wonson  may  extend, 

"      in  Holmes'  Hole,  I.  Darrow  and  S.  L.  Norton  may  build, 
*'  "  Shaw  Norris  may  build, 

"  *'  Tarlton  C.  Luce  may  build,  . 

"      in  Provincetown,  David  Smith  may  build, 
"  "  E.  H.  Rich  may  build, 

"  "  J.  Nickerson  and  others  may  extend, 

Wharves  at  Rainsford  Island,  for  rebuilding  and  repairs, 

Whipple  File  Manufacturing  Company,  capital. 

Wilder,  William  F.,  in  favor,     ..... 

Williamsburg,  Town  of,  may  hold  stock  of  New  Haven  and  North 
ampton  Railroad  Company,  .... 

Williamstown  Manufacturing  Company,  capital  and  estate,     * 
"  and  Hancock  Railroad  Company,  charter  revived 


Page  245 

74 

224 

168 

165 

65 

38,  227 

3 

.    69 

lU 

237 

62 

265 

■  27,  123 

287 

319 

94 

58 

50 

98 

99 

35 

64 

114 

116 

116 

105 

105 

115 

115 

105 

114 

106 

.    25 

22 

26 

93 

73 

240 

310 

244 

310 

40 

38 

113 


XXYlll 


INDEX. 


Williston  Mills,  incorporated,    .... 

Witherow,  William,  deceased,  payment  for  to  Milton  Lewis, 

Witnesses   in   criminal    prosecutions,   defendants   may  be   deemed 
competent,    ....... 

Women  and  Cliildren,  Friendless,  Springfield  Home  for,  in  favor, 

Wonson,  Augustus  H.,  and  another,  may  build  wharf  in  Gloucester, 
"        William  C,  may  extend  wharf  in  Gloucester, 

Woolen  Company,  North  Adams,  capital  and  estate,   . 

Worcester  Agricultural  Society,  may  draw  annual  bounty, 

Worcester,  City  of,  charter  revised, 

Worcester  Gas  Light  Company,  capital  and  estate, 

*'  Horse  Railroad  Company,  may  issue  preferred  stock, 

"  Lyceum  and  Library  Association,  name  changed,  &c. 

Workhouse,  State,  established, ..... 

Wrentham  Bank,  may  convey  certain  real  estate, 


Page    34 
308 

245 
304 
116 
106 

38 
301 
143 

21 
132 
234 
141 
238 


Y. 

Yale  and  Greenleaf  Manufacturing  Company,  may  change  name, 


58 


/ 


\